February 20, 2001

 

 

The Board of Commissioners of the City of Lawrence met in regular session at 6:35 p.m., in the City Commission Chambers in City Hall with Mayor Henry presiding and members Dunfield, Hodges, Kennedy and Rundle present. 

With Commission approval Mayor Henry recognized the City and Economic Development Officials visiting from Mexico which was sponsored by the University of Kansas Public Administration program and School of Business.

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to approve the City Commission meeting minutes of February 13, 2001.  Motion carried unanimously.

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to approve the Board of Electrical Examiners and Appeals meeting minutes of December 6, 2000; the Lawrence Douglas County Health Board meeting minutes of December 18, 2000; and, the Parks & Recreation Advisory Board meeting minutes of December 12 and January 9, 2000.  Motion carried unanimously.

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to approve claims in the amount of $719,671.52.  Motion carried unanimously.

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to approve the Drinking Establishment Licenses for Laughing Dog Saloon, 1910 Haskell No. 6 & 7 (Contingent Upon State License). Motion carried unanimously.

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to concur with the recommendation of the Mayor and appoint Pat Kehde and Larry Paine to the Lawrence/Douglas County Economic Development Board; the appointment of Jessica Buer to the Recycling and Resource Conservation Board; the appointment of Jeremy Douglas to the Public Transit Advisory Committee; and, the appointment of Dr. Tom Liebl and Dr. Mark Marks to the Lawrence-Douglas County Health Board.  Motion carried unanimously.

The City Commission reviewed bids for two (2) compact extended cab 4X4 pickups for the Public Works Department, Building Inspection Division.  The bids were:

                        BIDDER                                                            BID AMOUNT   

                        Laird Noller Ford                                                $37,122.70                                                        Don Hatton Chevrolet                                          $40,137.00                               

                        Crown Chevrolet                                     $40,537.70

                        Ed Bozarth Chevrolet                                          $40,872.00

                        Roberts Auto Plaza                                            $42,271.00

                        Jim Clark Motors                                                $44,393.00

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to award the bid to Don Hatton Chevrolet, in the amount of $40,137.00 because Laird Noller Ford’s bid did not meet specifications.  Motion carried unanimously.

The City Commission reviewed the bids for two (2) single axle dump trucks for the Public Works Department.  The bids were:

                        BIDDER                                                            BID AMOUNT

                        KCR International Trucks                                    $85,028.00

                        Rusty Eck Ford                                                 $86,546.00

                        Westfall GMC                                                    $88,500.00

                        Kansas City Freightliner                                     $90,412.00

                        Midway Sterling Truck Center                              $91,412.00

                        Merle Kelly Ford                                                $93,814.00

                        Kansas City Peterbuilt                                        $95,554.00

                        Mid West Kenworth Olathe                                 NO BID

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to award the bid to KCR International Trucks, in the amount of $85,028.00.  Motion carried unanimously.

The City Commission reviewed the bids for a one-ton cab over engine truck with flat bed for the Parks & Recreation Department.  The bids were:

                        BIDDER                                                            BID AMOUNT

                        Mid America Isuzu                                             $23,900.00

                        Mid America Isuzu Alternate                               $23,500.00

                        Westfall GMC                                                    $23,835.00

                        Midwest Truck Sales                                          $26,751.80

                        Midwest Truck Sales                                          $24,234.80

                        Rusty Eck Ford                                                 $35,283.00

                        Jenkins Diesel Power                                         $36,106.00

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to award the bid Westfall GMC, in the amount of $23,835.00 because the low alternate bid from Mid American Isuzu did not meet specifications.  Motion carried unanimously.

The City Commission reviewed the bids for five (5) pickup trucks for various departments.  The bids were:

                        BIDDER                                                            BID AMOUNT

                        Jim Clark Motors                                                $71,648.00

                        Don Hatton Chevrolet                                          $92,621.00

                        Laird Noller Ford                                                $95,974.00

                        Roberts Auto Plaza                                            $96,910.00

                        Olathe Ford                                                       $96,972.00

                        Shawnee Mission Ford                                       $99,127.00

                        Ed Bozarth Chevrolet                                          $100,499.00

                        North Larson Motors                                           $108,467.00

            As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to award the bid for three (3) pickup trucks meeting specifications to Don Hatton Chevrolet in the amount of $46,044.00; the low bid meeting specifications from Olathe Ford for $20,228.00; and, the low bid meeting specifications from Laird Noller Ford for $24,751.00 for a total amount for all five (5) pickups of $91,023.00.  Motion carried unanimously.

The City Commission reviewed the bids for a van for the Police Department.  The bids were:

                        BIDDER                                                            BID AMOUNT

                        Shawnee Mission Ford                                       $18,791.00

                        Laird Noller Ford                                                $19,196.00

                        Ed Bozarth Chevrolet                                          $19,296.00

                        Village Ford                                                       $19,682.00

                        Crown Chevrolet                                     $21,180.75

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to award the bid to Mission Ford, in the amount of $18,791.00.  Motion carried unanimously.

The City Commission reviewed the bids for two (2) one-ton trucks with utility bodies for Public Works and Utilities Departments.  The bids were:

                        BIDDER                                                            BID AMOUNT

                        Laird Noller Ford                                                $53,987.00

                        Shawnee Mission Ford                                       $53,999.00

                        Village Ford                                                       $55,185.00

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to award the bid to Laird Noller Ford, in the amount of $53,987.00.  Motion carried unanimously.

The City Commission reviewed the bids for two (2) street sweepers for the Public Works Department.  The bids were:

 

                        BIDDER                                                            BID AMOUNT

                        Key Equipment                                                  $271,891.00

                        Murphy Tractor                                                  NO BID

                        Burnup Equipment                                             NO BID

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to award the sole bid to Key Equipment, in the amount of $271,891.00.  Motion carried unanimously.

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to adopt Resolution No. 6282, establishing benefit district for improvements of Crossgate, 24th Place to 27th Street, pursuant to petition from property owners.  Motion carried unanimously.    (1)

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to place on first reading Ordinance No. 7332, annexing approximately 2.561 acres, located in the proposed alignment of Wakarusa north of Wakarusa and Overland Drive.  Motion carried unanimously.                                                                                                                                   (2)

Ordinance No. 7331, authorizing the issuance of industrial revenue bonds in the principal

amount not to exceed $9,000,000 for the DST Realty was read a second time.                 

Moved by Kennedy, seconded by Hodges, to adopt the ordinance.  Aye: Henry, Hodges and Kennedy.   Nay: Dunfield and Rundle.  Motion carried.                                            (3)

Ordinance No. 7323, amending sections of the City Zoning Code to establish the family definition to reflect no more than three (3) unrelated persons, was read a second time.                   

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to adopt the ordinance.  Aye:  Dunfield, Henry, Hodges, Kennedy, and Rundle.   Nay: None.  Motion carried unanimously.                                                                                                          (4)

Mark Lehman spoke in opposition to Ordinance No. 7324 requiring the registration of non-conforming uses created by Ordinance No. 7323.  If the information required by the registration would be a public record, it would infringe on the privacy and safety of tenants.  He requested the City Commission step back and consider the impact it would have on the tenants to have this information available to the public.   The form required the property owner sign the document under the penalty of perjury and he thought this was a significant penalty for false information.   Lehman requested the City Commission delay action on this Ordinance to think it thoroughly through.

Rundle asked if there were any concerns about the privacy issue.

David Corliss, Assistant City Manager, said it was an issue not to be taken lightly.  However, there needed to be a way to determine lawful non-conforming uses.  After a careful review, staff thought this was an appropriate way to proceed.  In the future, staff would be challenged with evidentiary issues and this information would assist in making the appropriate decision.   Staff needed an ability to investigate and decide on complaints of non-conforming uses in three (3) to four (4) years.  Corliss said if someone wanted access to this information, they would need to follow the City’s Open Record Request Policy.

Ordinance No. 7324, requiring the registration of non-conforming uses created by Ordinance No. 7323, was read a second time.                     

Moved by Dunfield, seconded by Rundle, to adopt the ordinance.  Aye:  Dunfield, Henry, Hodges, Kennedy, and Rundle.   Nay: None.  Motion carried unanimously.                  (5)

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to authorize City Manager to execute agreement with BG Consultants in the amount of $124,298.30 for design and construction engineering services for the 2001 Waterline Improvement Projects.  Motion carried unanimously.                                                                                                            (6)

            As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to authorize City Manger to execute a contact with Jayhawk Millwright in the amount of $24,123.70 for the Kaw Clarifier Bearing Rehabilitation project.  Motion carried unanimously.                             (7)

            As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to authorize City Manager to execute agreement with Mid-American Concessions for concession services at Parks & Recreation facilities.  Motion carried unanimously.                                       (8)

            As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to receive a request for annexation of approximately 20.259 acres (partial tract of Royal Investment Corp.) located west of Westwood Hills development, north of West 6th Street.  Motion carried unanimously.                                                                                                                                        (9)

            As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to place on first reading Ordinance No. 7323, approving the use of Burcham Park for alcohol sales on April 21, 2001.  Motion carried unanimously.                                                                           (10)

The City Commission reviewed the bids for a forklift in the Public Works Department.  The bids were:

                        BIDDER                                                            BID AMOUNT

                        O.K. Equipment                                                 $22,000.00

                        Victor L. Phillips                                                            $34,084.00

                        Van Keppel Lift Trucks                                       $34,416.00

                        Murphy Tractor                                                  $40,062.00                   

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to award the bid to O.K. Equipment, in the amount of $22,000.00.  Motion carried unanimously. (11)

            Scott Beyler, an attorney, representing APT, Kansas City, requested the City Commission consider allowing APT of Kansas to lease a site at the Clinton Water Treatment Plant for a communication tower.  APT would be making a presentation to the Planning Commission on this request. The Use Permitted Upon Review Application for this installation was tentatively scheduled to be discussed by the Planning Commission during the February 28, 2001 meeting.  The application would then come back to the City Commission sometime in March.  Beyler said APT and Voice Stream Wireless attempted to work with communities on locating these facilities at the best possible location.  There was a suggestion the equipment be placed on a Southwestern Bell Facility to the west of this proposed site.  That location would not allow adequate coverage for APT.

            Rundle asked the percentage of the population that uses wireless communications.

            Beyler said it was estimated that thirty five percent (35%) of the population utilized some form of wireless communication.  More and more people were using wireless communication as their only means of communication.

            Henry asked what the impact would be on property values in the area.

            Thomas Slack, an appraiser, said in many impact studies done in Missouri and Johnson County, there was only a plus or minus four percent (4%) change in property values.  He gave several examples of situations in Johnson County where towers had no impact on property values.  The analytical study was not completed for Lawrence.  That information would be made available to the Planning Commission.  Slack has never been able to identify a substantial difference in home value because of these installations.  In this particular instance, residential property was significantly further away from the site than other situations he reviewed.

            Beyler said the closest property in this instance would be over seven hundred feet (700’) from the proposed tower.  His company attempted to locate towers in areas that were compatible to industrial type uses.  In this particular situation it was a win/win situation for everyone.

            Hodges asked the height of the tower and if it was possible to extend it.

            Beyler said this tower was designed to be one hundred fifty feet (150’) and it would be difficult to extend it.  Typically towers were designed to be a specific height and serve a particular function.

            Rundle saw communication towers as a necessary evil.  They had to be located somewhere to provide the appropriate service.  The goal of the City Commission should be to find the least offensive and obtrusive site.  He wanted to wait on the final decision of the Planning Commission before making a decision on the lease.

            Dunfield said a major electrical transmission line crosses this property and wanted to know the relationship with the transmission line towers and this tower.

            Beyler said where the transmission line crosses this site, the elevation would not be sufficient for the tower.  He would find the height of the transmission towers.

            The City Commission concurred to direct APT to proceed with a request before the Planning Commission and to wait on a final decision on a lease until the Planning Commission’s recommendation.                                                                                                                          (12)

            Bill Sepic, Lawrence Chamber of Commerce, presented a request on behalf of ECO2 for $15,000.00 to conduct a labor profile survey.  This survey would allow the committee to identify those types of employers that would meet the needs of the labor market available in Lawrence.  In addition, it would provide an opportunity to identify skills needed by employers and potential training opportunities for people seeking work in Douglas County.  Four (4) proposals were reviewed and the committee recommended using the Docking Institute from Fort Hays State to conduct the survey.  It would consist of three (3) separate surveys including a telephone survey of potential employees, mail survey of employees and survey of employers.  This information would benefit both the City and County Planning Commission as well as other organizations within the community.  ECO2 was seeking contributions of $15,000.00 from both the City and County with the Chamber of Commerce contributing $5,000.00.

            Henry asked if this information would be available to the Economic Development Board.

            Sepic said this would be public information available to everyone.  He anticipated the study to be relevant for approximately three (3) years.

            Hodges asked if the study would be sold for sales or marketing purposes.

            Sepic said “no.”

            Larry Kipp, Friends of Douglas County, spoke in support of the study.  He said the City needed to make informed decisions on economic development issues and needed this information.

            Rundle thought the money would be well spent.  It would be useful to other programs including State programs on employment.  It could be a valuable resource in identifying the training needs of the workforce.

Moved by Kennedy, seconded by Hodges, to approve an appropriation of $15,000.00 for financial assistance to Lawrence Chamber of Commerce to conduct a labor profile survey.  Motion carried unanimously.                                                                                                         (13)

            John Arnold, Topeka Chief Administrative Officer, requested the City of Lawrence join the City of Topeka and other entities in the Kansas Corporation Commission Rate Making Proceedings concerning electric rate increases in the area served by Western Resources.  Arnold thanked the City Commission for their participation in the Federal action and said it was anticipated the cost for the Kansas Corporation Commission would be slightly higher.  The City of Topeka budgeted $100,000.00 for the case with an estimated cost of $250,000.00.  They needed contributions of about $150,000.00 from other entities to cover the cost.  He requested jurisdictions giving $10,000.00 for the Federal case, increase their contributions to $17,500.00 for the Kansas case.

            John Frieden, an attorney, said Western Resources was seeking an increase in the KPL area of about $93,000,000.00 which represented nineteen percent (19%) rate increase.  In addition, the City of Wichita has indicated that it attended to seek rate disparity.  There was currently a rate parity between the KPL and KGE rate territories of approximately twenty five percent (25%).  This parity was primarily the result of the cost of constructing Wolf Creek which went on-line in early 1985.  If Western Resources and Wichita were successful before the Kansas Corporation Commission, the combined rate increases would be in the range of twenty fiver percent (25%) for KPL services with KGE rates remaining the same.  The proposed rate increase included the addition of three (3) new generating facilities which was proposed to be placed entirely on the KPL rate base.  The total cost of the generating facilities was $230,000,000.00.  It appeared, while KPL rate territory may need limited peeking capacity, the State Line Base Load Facility was probably needed to supply energy to KGE or to provide capacity for all system sales.  The profits from additional off-system sales made possible by these new facilities were not being credited against the plant cost in Western Resources filing.  The revenues derived from all system sales and marketing efforts should be credited to the benefit of the ratepayers and the State Line Base Load Generating Facility should not be included in the KPL rate base.  The primary focus in the rate hearings concerning the proposed rate increases would be to ensure the KPL territory was treated fairly in regards to generating facilities and off-systems marketing revenues.  In addition, it was to ensure the cost of constructing Wolf Creek was not shifted to the KPL ratepayers. 

Frieden said there was a coalition of industries that had been formed to deal with this issue. They were in the process of raising funds to protect their interest.  The industries cover both the KPL and KGE rate territories and could have conflicting interest.  That particular coalition was generally opposed to rate increases primarily based upon rate of return.  He did not anticipate them presenting information on the generating facilities.

            Hodges said based upon the information on the impact of rate users in Lawrence, the investment would be sound.  The City and Hospital alone could face increases of over $400,000.00.

            Rundle thought it was important to commit to the $17,500.00 and asked local industries to assist in that commitment.  He asked Arnold to send staff a copy of the letter the City of Topeka sent to local industries asking for support.                 

            Moved by Rundle, seconded by Kennedy, to approve an appropriation of $17,500.00 concerning the rate case increase of KPL before the Kansas Corporation Commission and to seek assistance from local industry to help support the commitment.  Motion carried unanimously.                                                                                                                                        (14)

            Mike Wildgen, City Manager, presented the staff report on the zoning of 1201 East 13th Street.  The property located at 1201 East 13th Street was zoned C-4 (General Commercial District) and had that designation since 1966.  The existing residential use of the property was non-conforming in that residential uses were not permitted in the C-4 District.  This lot was a one (1) lot island zoned C-4 surrounded by residentially zoned properties.  Sometime in the 1980’s, the property was apparently converted to residential use.  Down zoning the property to RS-2 would be consistent with the neighborhood plan and would create conformity for the residential remodel which was currently underway. 

            Moved by Dunfield, seconded by Kennedy, to initiate down zoning of Lot 1, Block 1, Belmont Addition to RS-2.  Motion carried unanimously.                                                                (15) 

David Corliss,Assistant City Manager,presented the draft Ordinances and staff report on rental licensing and gradual elimination of non-conforming uses. The first issue was what properties would require licensing.  He asked if the City should only look at RS Districts, properties that have not been site planned or all rental structures.  The scope of the Ordinance would depend upon the purpose or goal behind it.  For example, if the City Commission was only considering rentals in RS Districts, that was somewhat limited in scope with limited administrative cost.  The negative aspect of that position, would be the equity argument and that all rental properties were not being treated equally.  If the City Commission decided to license all rental properties, it would be treating all rental units equally, but the administrative cost would be significantly higher.

Corliss said another issue was the inspection process.  The current system was on a complaint basis.  A periodic inspection program would have a higher level of compliance, but also higher administrative cost.  Another issue to discuss would be the fees related to the program.  This issue dealt with cost recovery of the program, the administrative burden of the program, and potential cost shifting to the tenants because of increase cost to the landlords.  He did not think the fees would cover the entire cost of the program.  This came back to the general enforcement policy and philosophy which could either be complaint driven as currently, versus a comprehensive code enforcement. 

The City Commission has identified other issues such as requirements for real estate agents for disclosure, use of the Neighborhood Revitalization Act as an incentive, and monitoring uses and changes in a Rental Conversion Database.

 Dunfield said proposed Ordinance No. 7325 eliminating non-conforming uses over a three (3) year period may not be needed if Ordinance No. 7326 was successful through the regulatory process.

Corliss said “yes.”

Dunfield said in the information presented to the City Commission, there had been concern expressed in the difficulty landlords have in dealing with tenants.  He asked if there was anything in the proposed Ordinances that could help landlords deal with their tenants.

Corliss said the proposed Ordinances dealt primarily with regulating landlords and staff would need to review that concept in greater detail.  He thought there might be some help available, but that it would be procedurally intensive.  It would be extremely difficult to develop procedures to assist landlords, but not impossible.  One way would be to provide better information through a complaint tracking process.

Mark Lehman said landlords had no power in enforcing regulations of the City.  He recommended the Police Department ticket tenants violating City Codes.  He encouraged the City Commission to look at tenant safety and privacy.  Safety and privacy of tenants decreased with this proposed regulation.  Licensing and enforcement would be difficult.  Lehman suggested this whole process needed more study.  As it was proposed now, the program would be very costly to the City and not effective.  Most of the significant problems were in multi-family units and not single-family units.  He suggested a task force of Police, Fire/Medical, local landlords, property owners and students be formed to look for solutions.

David Geyer, Chair of Lawrence Association of Neighborhoods, said it was the goal of their group for everyone to be in a position to experience a peaceful enjoyment of premises.  Everyone should have the opportunity to peacefully enjoy where they live.  He encouraged the City Commission to move forward with the proposed Ordinances.

Deborah Snyder, 1909 Maine Street, said the City needed to focus on these issues as a land use question.  Single-Family homeowners cannot compete with the market for multi-family uses in single-family zoning districts.  The next step to enforcing and implementing the Ordinances previously adopted by the City Commission were the implementation identified in these Ordinances.  It would be important to develop a database on properties in single-family zoning districts and encouraged the City Commission to initially focus on RS-1 and RS-2 zones.

Kevin Lowenstein, University Place, suggested the licensing regulations start with single-family zoning districts and RD zoning districts.  He suggested the fee structure pay for the program and be based upon a per unit basis.  Individual homeownership should be encouraged, but limited to an owner and three (3) tenants.

Andrew Bailey, University of Kansas, Student Senate, said they supported a comprehensive landlord registration and licensing program.  Rental licensing was a good thing.  Some of the worst situations were in multi-family and RD zones.  Under the proposed program, limiting it to single-family residence districts, large apartment complexes would be a privileged class.  By having a Comprehensive Inspection Program, renters as a whole would get something out of the program.  The inspection program would assist renters in being gouged at the time they move out of apartments.

James Dunn, 936 Kentucky, spoke in opposition to the licensing process and encouraged the City Commission not to add another level of bureaucracy.  He encouraged enhanced enforcement of existing Ordinances.  He gave an example where it took two (2) months to remove a car parked on the street.

Hodges suggested an inspection program based upon safety and health issues.  He supported using the model found in the Utility Department for sprinkler systems.  Under that program, a card was sent out reminding property owners of the inspection program at which time the property owners contracted with a private firm to inspect the system.  He thought the same system could be used by authorizing private inspectors to conduct the inspections.  The property owner would contract with a private company to provide the review. 

Arly Allen, 1101 West 21st, said he agreed with many of the previous speakers.  He was most concerned about single-family zoning.  He recognized the specific problems facing the Oread Neighborhood and suggested the possibility of RD be included in the Ordinance.  Allen recommended inspections every three (3) years on these properties in single-family zoning districts.  He saw no problem in having the inspections done by landlords using private inspectors.  The fees could be negotiated between landlords and the inspectors.  He thought the fees for the registration program as identified in the Ordinance were appropriate.  Allen supported limiting the number of people in owner/occupied homes to the owner plus three (3) unrelated individuals.  Enforcement was critical and the complaint process has not worked in the past.  A comprehensive inspection program was needed. He encouraged the City Commission to find assistance for landlords wishing to evict problem tenants.  Allen said Commissioner Kennedy asked important questions on the relationship between families renting in single-family districts and unrelated individuals.  That type of database should be implemented and tracked.  Allen supported the Ordinances and suggested review in three (3) years to see they met the goals of the City Commission.

David Schaulis, 1590 North 1060 Road, said licensing of property should be across the board.  He encouraged the City Commission to enforce existing laws.  Landlords had no authority to deal with problem tenants.

Ginger Wingert, 1881 East 850 Road, said the proposed inspection program would not help tenants in dealing with landlords at termination of leases.  She anticipated the inspections would be reviewing health and safety issues.  She suggested those people having problems with the deposits, should take videos of the apartments before and after.  Most landlords were not problem landlords.

Betty Alderson supported the proposed Ordinances.  She encouraged the City Commission to adopt a Comprehensive Enforcement Program to implement the previously adopted Ordinances.  In her neighborhood, forty percent (40%) of the units were rentals and they were all rented to unrelated individuals and not families.           

Marilyn Lynch, 1272 North 870 Road, a realtor and landlord, said the cost of the new program was not the only increase in cost to rental units.  There would be increase cost to the tenants because of taxes, energy and other rising costs.  Existing laws needed to be more actively enforced and sited parking on green space by her tenants as an example.  Those people parking on the green space should be ticketed and the landlord should be required to prohibit their tenants from parking on that area.

Rundle said a recommendation from Marci Francisco was that the enforcement and licensing process begin with RS-1 and RS-2 areas.  It could be expanded in the future to other rental units.  Rundle said throughout the discussion, problems of enforcement have consistently been identified.  He said the City needed to have registration of properties and a consistent enforcement of all laws.  The City Commission should review different enforcement strategies.  Rundle suggested providing better information to tenants on their rights to call for inspections by City staff.  It was important to develop and integrate a tracking system for all complaints across the board.  He supported an owner/occupied unit having an owner plus three (3) tenants.  Rundle supported proceeding with licensing and inspection in single-family zoning districts

Hodges supported the registration and licensing of rental units.  He thought a phase-in of rental units was appropriate.  The inspections should be based upon safety and health issues.  He suggested following the utility method of inspections using private inspectors.  Hodges thought it was appropriate to discuss additional inspectors during the budget process.  He said included in the process should be coordination of all complaints.

Henry suggested starting on a limited basis for RS-1 and RS-2 areas.  He thought it was important to have a tracking system for complaints.  In owner/occupied units, he supported the owner plus three (3) tenants.

Dunfield said it appeared the City Commission was in agreement with the need for registration, licensing and inspection of rental properties in RS-1 and RS-2 zones.  He would like to see the program expanded to RD zones, but thought he might be in a minority for including those districts.  There appeared to be an agreement to eliminate problem uses over years through licensing and registration.  He wanted more discussion, review and comment on the process of enforcement.  There were various alternatives and he wanted to explore those alternatives and costs in more detail.  Dunfield thought it was important to assist landlords in dealing with problem tenants.  A study session might be good to review all of these issues.

Kennedy suggested more information and cost of enforcement.  He had a concern with the fees and the impact it would have on rental units.  He was not sure of how the proposed Ordinances on licensing and inspections would be enforced and their cost.

Rundle said he supported expanding the inspection program to RMD, but he thought it was more appropriate to take a small step. 

The City Commission concurred to direct staff to prepare an Ordinance on rental licensing and inspection in single-family zoning districts for the March 13, 2001, City Commission meeting.                                                                                                                                        (16)

Mayor Henry presented the names of the Tax Abatement/Economic Development Incentive Task Force which included Jim Henry, Ernest Angino, Shelly Watts Barnhill, Barbara Carswell, Mike Corless, Keith Folkman, Janet Gerstner, Richard Gutierrez, Kelvin Heck, Bob Johnson, Larry Kipp, Chuck Magerl, Steven Maynard-Moody, Dwayne Peaslee, Lewis Phillips, Brain Pine, James Roberts, Leni Salkind and Alan Zimmerman.

The City Commission concurred with the appointments.                                                (17)  

David Corliss, Assistant City Manager, requested the Mayor write a letter in opposition to Senate Bill 240 which would require additional fees for landfill users to be used to close landfills.  This bill would penalize properly operating landfills by supporting those that were not in compliance with existing laws. 

The City Commission concurred.                                                                                    (18)

James Dunn, 936 Kentucky, encouraged the City Commission to consider a study session on the registration and inspection programs for rental properties.

Moved by Hodges, seconded by Kennedy, to adjourn at 9:45p.m.   Motion carried unanimously.                                                                    

 

APPROVED:

                                                                        _____________________________

James R. Henry, Mayor

ATTEST:

 

___________________________________                                                                       

Raymond J. Hummert, City Clerk


COMMISSION MEETING FEBRUARY 20, 2001

1.                  Resolution No. 6282 1- Establish benefit district, Crossgate, 27th to 24th Pl.

2.                  Ordinance No. 7332 - 1st Reading, Annex 2.561 acres, Proposed alignment of Wakarusa north of Wakarusa and Overland Drive.

3.                  Ordinance No. 7331 - 2nd Reading, IRB, DST Realty, not to exceed $9,000,000.

4.                  Ordinance No. 7323 – 2nd Reading, Zoning code, family definition to reflect on more than 3 unrelated persons.

5.                  Ordinance No. 7324 - 2nd Reading, requiring registration of non-conforming uses created by Ordinance No. 7323.

6.                  2001 Waterline Improvement Projects – Design & construction svcs, BG Consultants for $124,298.30.

7.                  Kaw Clarifier Bearing Rehabilitation Project – Jayhawk Millwright for $24,123.70.

8.                  Parks & Recreation facilities – Mid-American Concessions.

9.                  Annex -- 20.259 acres,  W of Westwood Hills Development, N of W. 6th.

10.              Temporary Alcohol Sales - Burcham Park, April 21, 2001.

11.              Forklift Bid – Public Works Dept, O.K. Equipment for $22,000.

12.              Communication Tower – Clinton Water Treatment Plant discussion.

13.              Labor Profile Survey – Approve $15,000 for assistance to Lawrence Chamber of Commerce.

14.              KPL Electric Rate – Approve $17,500 for appropriation (discussion)

15.              Belmont Addition down zoning – (1201 E 13th) to RS-2.

16.              Rental Licensing - Gradual elimination of non-conforming use discussion.

17.              Tax Abatement/Economic Development Incentive Task Force Members.

18.              Senate Bill 240 – Mayor to write letter of opposition for additional fees for landfill users.