August 1, 2000

May 15, 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 Rundle presiding and members Dunfield, Hack, Henry and Kennedy present. Andyshak was present.

With Commission approval, Mayor Rundle proclaimed Wednesday, May 16, 2001 to be “National Employees Health & Fitness Day”; and, May 20 – 26, 2001 to be “National Safe Boating Week.”

Henry requested the City Commission meeting minutes of May 8, 2001, be amended to reflect the vote on the motion to deny the request to rezone approximately 25.202 acres from RS-1 to PCD-2, property located on the north side of west 31^st Street, east of Iowa was: Aye: Dunfield, Hack, Henry and Rundle. Nay: Kennedy. Motion carried.

Moved by Kennedy, seconded by Dunfield, to amend the City Commission meeting minutes of May 8, 2001, as requested. Motion carried unanimously.

Moved by Kennedy, seconded by Dunfield, to approve the City Commission meeting minutes of May 8, 2001 as amended. Motion carried unanimously.

As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to approve claims in the amount of $1,021,330.51. Motion carried unanimously.

As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to receive the Neighborhood Resource Advisory Committee meeting minutes of April 26, 2001; the Practitioners Panel meeting minutes of May 3, 2001; CDBG and HOME Annual Update meeting minutes of April 26, 2001; the 1997 Uniform Housing Code meeting minutes of April 26, 2001; and, the CVB Advisory Board meeting minutes of March 27, 2001 and April 25, 2001. Motion carried unanimously.

As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to approve the Drinking Establishment License for Coyotes, 1003 East 23^rd; and, the Retail Liquor License for Dangermond Retail Liquor, 923 North 2^nd. Motion carried unanimously.

As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to concur with the recommendation of the Mayor and appoint Pat Slick to the position of Public Transit Advisory Committee. Motion carried unanimously.

As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to authorize the City Manager to enter into a contract for vending and syrup for the Indoor Aquatic Center with Pepsi-Cola Bottling Company. Motion carried unanimously.

As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to place on first reading Ordinance No. 7358, amending the definition of an animal running at large as set forth in Chapter 3, Article 2, Section 3-203 of the Code to exclude dogs using the City’s off-leash dog park in accordance with the City’s rules and regulations for the park. Motion carried unanimously. (1)

Ordinance No. 7357, establishing the Housing Trust Fund was read a second time.

As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to adopt the ordinance. Aye: Dunfield, Henry, Hack, Kennedy, and Rundle. Nay: None. Motion carried unanimously. (2)

As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to authorize the Mayor to sign a Subordination Agreement for Kristen Barlow, 815 Elm. Motion carried unanimously. (3)

As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to authorize the City Manager to execute an Engineering Design Contract for 13^th and Oregon Stormwater Improvements in the amount of $264,235.80. Motion carried unanimously. (4)

As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to concur with the Planning Commission’s recommendations to approve the Final Plat (PF-03-05-01) for Marion Addition No. 4, a two-lot commercial subdivision containing approximately 1.882 acres, property located on the south side of West 31^st Street, west of Steak “N Shake and Gateway Computers, and accept the dedication of easements and rights-of-way subject to the following conditions:

1. Execution of a Temporary Utility Agreement;

2. Execution of an Agreement Not-to-Protest a benefit district for Street and Sidewalk Improvements for 31^st Street; (As previously recommended by the Planning Commission)

3. Provision of a Revise Final Plat to include the following notes:

a. “Access to 31^st Street for Lot 1 and Lot 2 shall be limited to the shared 27’ access easement located on the east side of Lot 1 and a portion of the west side of Lot 2 as shown on the face of the Final Plat.”

b. “The remaining portion of the access easement shall be provided with the Final Plat of unplatted Dayton Hudson property located south of Lots 1 and 2 of the Final Plat of Marion Addition No. 4.”

4. Provision of the following fees and recording documentation:

a. Copy of paid property tax receipt;

b. Recording fees made payable to the Douglas County Register of Deeds;

c. Provision of a Master Street Tree Plan; and,

5. Provision of an additional access easement on Lot 1, with wording to be worked out with staff for maintenance and construction, pending determination of authority by the Director of Legal Services.

Motion carried unanimously. (5)

As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to concur with the Planning Commission’s recommendation to approve a Preliminary Development Plan (PDP-03-03-01) for Phase IV of the Target PCD-2 located on the south side of West 31^st Street, west of Steak ‘N Shake and Gateway Computers, subject to the following conditions:

1. Recording of the final plat with the Register of Deeds Office prior to the release of the Final Development Plan to the Building Inspection Division for issuance of a building permit;

2. Execution of a Site Plan Performance Agreement;

3. Provision of a Revised Final Development Plan to include “The Cross Access Easement across Lot 1 and unplatted tract to west property line is to be constructed upon redevelopment of the Cottonwood/Sidor PCD.”

4. Provision of a copy of the recorded Cross Access Agreement including covenants regarding the maintenance and upkeep of joint easements.

5. Provision of a note on the face of the development plan which states that improvements shown for “Building A and adjacent parking lot are not included in this final development plan. Only the Cross Access Drive shall be constructed on the unplatted tract south of the Sonic and Backyard Burger Restaurants”; and,

6. Provision of a Revised Final Development Plan to reflect the existing concrete swale of the community detention area per City Stormwater Engineer’s approval.

Motion carried unanimously. (6)

As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to concur with the Planning Commission recommendations to adopt the findings of fact and approve the UPR (UPR-03-03-01) for a preschool center at Good Shepherd Lutheran Church, 2211 Inverness Drive, subject to the following conditions:

1. A Site Plan Performance Agreement be executed;

2. Provision of a Revised Site Plan per staff approval to include the following:

a. Provision of a construction schedule for the phased parking lot improvements;

b. Provision of a Revised Site Plan to note the centerline of Clinton Parkway;

c. Provision of a Revised Site Plan to remove the east driveway from the frontage road into the Phase 2 parking lot;

d. Provision of a note on the face of the Site Plan to note the maximum enrollment permitted by the Health Department;

3. Provision of a copy of the approved license from the Douglas County Health Department prior to operation of the preschool;

4. Provision of a Revised Site Plan, per the City Stormwater Engineer’s approval to show the following:

a. Show existing topo on and adjacent to improved areas;

b. Revised plan to note that standard inlets are 5’ minimum;

c. Provide additional information regarding how the limestone channel will enter the proposed inlet;

5. Provision of a Revised Landscape Plan to add a minimum of two trees to the interior parking islands within the existing parking lot at the time the new parking lot is built;

6. Provision of a Revised Landscape Plan to add a 3’ screening hedge along Inverness and Clinton Parkway to screen cars from major arterial streets as part of the Phase 2 Improvements;

7. Provision of a note on the face of the Site Plan, which states that Phase 2, shall be completed within 18 months of opening the preschool; and,

8. Provision of a note on the face of the Site Plan, which states when the proposed 5’ sidewalk along Inverness will be constructed (include in phase summary).

Motion carried unanimously. (7)

As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to concur with the Planning Commission’s recommendations to adopt the findings of fact and deny the request for rezoning (Z-03-14-01) of approximately 6.01 acres from RS-2 (Single-Family Residence District) to RM-D (Residence-Duplex District), property located northwest of West 28^th and Kasold Drive; and, direct staff to prepare the appropriate ordinance. Motion carried unanimously. (8)

As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to concur with the Planning Commission’s recommendations to adopt the findings of fact and approve the request for rezoning (Z-03-12-01) of approximately 1.2 acres from A (Agricultural District) to RS-2 (Single-Family Residence District), property located at 1207 East 1600 Road; and, direct staff to prepare the appropriate ordinance. Motion carried unanimously. (9)

As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to concur with the Planning Commission’s recommendations to adopt the findings of fact and approve the request for rezoning (Z-03-16-01) of approximately 2 acres from PCD-2 (Planned Commercial Development) to PCD-2 (Planned Commercial Development), property located on the southeast corner of West 6^th Street and Monterey Way; and, direct staff to prepare the appropriate ordinance. Motion carried unanimously. (10)

As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to concur with the Planning Commission’s recommendation to approve a Preliminary Development Plan (PDP-03-04-01) for 6^th and Monterey Way PCD which includes a one-story 8,532 sq. ft. building, a two-story 4,800 sq. ft. building and 82 parking spaces, subject to the following conditions:

1. Provision of a Revised Preliminary Development Plan depicting the following:

a. Provide a Cross Access Easement between this property and the property to the east;

b. Provide a note as shown on the previously approved Preliminary Development Plan dated (5-14-97) stating “Shared access-entire access drive shall be constructed for Phase A-1. Cross Access Agreement to be filed with the Register of Deeds.” This note is for the shared access off 6^th Street between the mini-storage units and the C-1 parcel. Provide book and page number of recorded Cross Access Agreement;

c. Label setbacks and easements on all properties;

d. Label all property line dimensions;

e. Label width of right-of-way;

f. Correct existing use and number of lots notes under Site Summary on Sheet 3;

g. Correct note on Sheet 3 stating “Open space calculations may appear skewed due to the absence of development for Phase C-4”;

h. Correct required parking total for mortuary use on Sheet 3;

i. Correct parking numbers within footprint of buildings on Sheet 1;

j. Correct interior parking lot landscaping requirements on Sheet 3. Total number of stalls is 101 and requirement is 2,828 sq.ft.;

k. Correct General Note 2 on sheet 3. Proposed use is two buildings;

l. Add “Funeral home, mortuary, or undertaking establishment” and “Monument sales, including incidental processing” to the allowable uses under the heading “Area “C-3” & “C-4” Allowable Uses” on Sheet 5. Indicate that the use is only allowed in C-4 (not an addition to C-3);

m. Re-label phases to Phase 1, 2, 3, etc. so as to eliminate confusion between phases and zoning districts. Make change throughout plan.

n. Modify Note 14 to read “6^th and Comet Lane PCD” instead of area C-3;

o. Provide note that C-3 phase (1999 Revision) is shown on the Preliminary Development Plan for 6^th and Comet Lane PCD and correct on Sheet 3.

p. Provide note on Plant Schedule on Sheet 1 describing what phases the schedule is identifying;

q. Correct property ownership for John Bush on Sheet 3 (Lawrence Realty, not CEK);

r. Correct parking count for both C-4 uses on Sheet 3;

s. Identify sidewalk and label width in front of retail building;

t. Provide access aisle for all accessible spaces. Spaces may share an aisle. This will also alter the parking stall numbers;

2. Provision and approval of a drainage study by the City Stormwater Engineer and provision of necessary changes to Preliminary Development Plan prior to submission of a Final Development Plan;

3. Provide letter signed by all property owners stating this application is acceptable with other interested parties within the PCD; and,

4. Provide an Agreement Not-to-Protest the Formation of a Benefit District for street and sidewalk improvements to 7^th Street.

Motion carried unanimously. (11)

As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to receive the annexation request for approximately 4.6 acres located north of North Street and east of North 3^rd; and, refer the request to staff for a report. Motion carried unanimously. (12)

Ron Olin, Chief of Police, presented the staff report concerning Drinking Establishments and Law Enforcement Activities. Based on the analysis and with the focus on Club 508, the Police Department discovered there were several Drinking Establishments that were more law enforcement intensive than the bar in question. Club 508 had a past history of being troubled prone, but over the past few years, the number of calls and their severity has declined. One of the primary complaints associated with Club 508 was the number of people outside and the nuisances created in the neighborhood. Olin recommended a meeting with the owner and Security Company employed at the club to determine if additional steps could be taken to address the neighborhood concerns.

Rundle asked since the primary problem appeared to be nuisances, could enforcement be used to eliminate some of those nuisances.

Olin explained the time from 1:00 a.m. to 2:30 a.m. was a high activity level for the department. For example, at 11:30 p.m., staff might have time to enforce parking concerns throughout the area. After 1:00 a.m. resources were diminished significantly to address minor enforcement activities.

Hack asked about the Security Company and their presents on the property.

Mike Wildgen, City Manager, said there was not a permanent placement of security by a Security Company outside the premises.

Ted Boyle, 310 Elm, agreed there were fewer problems at the Club 508. Most of the concerns were occurrences in the neighborhood. Boyle recommended more intense independent security at the club. He suggested the club hire permanent security at the site. Boyle said this business had fewer patrons then other bars reviewed, but still had a high number of incidents.

Kelly Boyle-Wolfe, 523 Elm, said neighbors had not called the police because they did not want the inconvenience of waiting for the police to come and take a report. She said there was a problem with security and the club needed permanent security on-site. The patrons of club had little respect for the owner when the owner asked the patrons to leave in a quiet manner and they do not.

Rundle asked about the coordination between the Security Company and the Police Department.

Olin said the typical job of the Security Company was to monitor and protect the private property inside the building and parking lot. The Security Company could observe other activities and report to the Police Department. The Security Company did not have the responsible to arrest or detain people. He did not advise the Security Company to provide activity such as traffic stops.

Rundle asked about the repetitiveness of driving through the alley and what the Police Department could do about this situation.

Olin said driving around a block numerous times might not be in violation of any law. What was critical was the behavior had to be unlawful. By using witnesses other than Police Personnel, the case becomes difficult to prosecute through the court process.

Rundle asked about the comment concerning the number of patrons and the amount of activity.

David Corliss, Assistant City Manager, said the City could not deny a license to a Drinking Establishment without determining if the establishment had enough difference from other similar establishments. To base that decision on size, would be somewhat difficult to defend.

Henry asked if the calls for service increase significantly during the year, could the City Commission again review the license.

Corliss said the City Commission could review at anytime the conduct of an establishment and determine if the conduct would be appropriate for a hearing to revoke the license.

Rundle asked the zoning of the property.

Corliss said it was C-4, Commercial.

Rundle asked about down zoning.

Corliss said that was an appropriate consideration. However, the City Commission could not be site specific in the down zoning. The City Commission needed to look at the entire corridor or area and determine the zoning.

Kennedy said he discussed these issues with the owner and encouraged him to take more responsibility for the cleanup of the area. He suggested to the owner following the example of the Drinking Establishments Downtown and hire someone to clean in the morning.

Rundle thought the owner could be more effective in providing leadership and respectfulness for the neighborhood. He suggested the owner become more aware of efficient ways in providing better public relations for the neighborhood. The owner needed to take action to have the patrons exercise more respect for the neighbors.

Henry suggested the neighborhood continue to call for service when there were problems.

William Dann expressed a concern about not providing equal protection to the property owners in the area. The fourteenth amendment provided everyone would receive equal protection under law. He thought people in certain parts of the community got preferential treatment when it came to punishing negative behavior within the neighborhood.

Rundle asked for an explanation on the report concerning calls for service and the type of call.

Olin said the calls for service was any call or request for assistance in the area. The actual types of calls in the report were categorized by severity and did not reflect all the calls for service. They were categorized by degree based upon interpretation by his staff.

Henry encouraged the neighbors to call when service was needed.

Moved by Kennedy, seconded by Rundle, to approve the Drinking Establishment for Club 508, located at 508 Locust. Motion carried unanimously. (13)

Karin Rexroad, Public Transit Administrator, presented the proposed Lawrence Transit System Route changes. Three (3) public hearing were held to receive public comment on proposed route changes. Public comment was also received through e-mail and telephone calls. The timing of the routes were adjusted so that T-vehicles had minimal stops on any street of the City. The addition of service on Route 5 would enhance rider ship and make transfer to and from other routes more convenient. The Public Transit Advisory Committee recommended the proposed route changes because they would improve the Transit System’s ability to provide better transportation to the citizens of Lawrence. If the route changes were approved by the City Commission, the next step would be to revise and print new route maps and schedules with a target date of July 1, 2001, for implementation.

Henry asked if the City would face any liability by using the parking lot at NCS at East Hills Business Park.

Rexroad said that was a request of NCS and did not anticipate any problems because it would be using a portion of the parking away from pedestrians. The parking lot would be used as a cut-through to continue the route.

Moved by Kennedy, seconded by Hack, to concur with the recommendations of the Public Transit Advisory Committee and proceed with implementation of the Lawrence Transit System route changes. Motion carried unanimously. (14)

Chad Voigt, Stormwater Engineer, presented the report concerning 1205 Brook Street. He presented pictures and maps of the area. The home was located in the west over-bank of Brook Creek. Prior to construction, the ground was not elevated and the area around the house served as the streams natural conveyance area. The property was further troubled by the lack of proper drainage away from the building line. The East Lawrence and Brook Creek Watersheds converged at a point 600 feet downstream from this property. The Stormwater Management Master Plan recommended nine (9) Capital Improvement Projects in the watersheds to correct flooding problems resulting from the deficiencies in the City storm sewer system. The flooding of 1205 Brook was not on this list because flooding occurred in the natural floodplain of the stream. Most of the recommended Capital Improvements would increase the efficiency of the drainage systems and in some storms raise the standing water in Brook Creek and lead to more frequent flooding at this address. The purchase of this property would be consistent with the Stormwater Capital Improvement Goals, but it should be noted that previous stormwater utility buyouts were not located in the floodplain. Voigt recommended if the buyout was approved, it should be based on an increase in frequent flooding as a result of pending municipal improvements and not based solely on the fact the house sits in the floodplain. Adjacent properties would not have similar problems because of the elevation on which they were built. He cautioned everyone the acquisition of 1205 Brook should not be interpreted as a precedent requiring City acquisition of other properties which do not sustain the severity of flooding and flood damage. The mere fact of increased development and therefore increase stormwater run-off did not create a City liability. If the City did purchase the property, he recommended demolition of the home and keeping the area as open space.

Rundle supported the position that acquisition of this property should not be interpreted as a precedent requiring City acquisition of other properties either in this area or other locations.

Annette Lickteig, 1205 Brook, said flooding has occurred the past six (6) years in which they have lived in the house. There was no hope to sell their house on the open market. With completion of the Stormwater Master Plan Projects, the situation would get worse. She asked the City Commission to do the right thing and purchase their home to help their situation.

Rundle asked the source of funding if the property was to be purchased.

Mike Wildgen, City Manager, said the first choice would be the Stormwater Sewer Fund.

Scott Lickteig, 1205 Brook, said they had been asking for help for several years. Additional development and impervious surfaces had contributed to the problems. He asked to consider this as a Capital Improvement Project, buy the property and make it work.

Sharon Vaughn, 1242 Prairie, supported the purchase of 1205 Brook. This family was suffering considerably because of the flooding.

Moved by Henry, seconded by Hack, to direct staff to begin the process for purchasing the property at 1205 Brook Street Motion carried unanimously. (15)

Mark Buhler, 1000 Sunset, presented a request from the Lawrence Board of Realtors to support a proposed Ordinance to provide for one (1) temporary directional sign on private property which was not on the property for sale to be used advertising and/or directing traffic to the property which was for sale. No signage would be allowed in the right-of-way. He apologized for the violation by realtors of the existing Ordinance concerning the use of right-of-way.

Kennedy asked if there was a plan in place for training Real Estate agents on how to locate a sign.

Buhler the Board of Realtors felt that realtors should know what the policies were and should not be placing signs in the public right-of-way.

Rundle reminded the City Commission that the temporary use of signage could not be limited to only real estate signs.

David Corliss, Assistant City Manager, reviewed the proposed Ordinance drafted by staff. While the proposed Ordinance provided a time limit on such direction signage, staff was hindered by provisions of the City Sign Code which required a three (3) day notice to property owners of a Sign Code Violation before a formal citation or other action could begin. He recommended changing that section of the City Code whether or not the Directional Sign Code Amendment was approved. Staff could not recommend the City Sign Code be amended to add off-site signage because of the potential problems of enforcement. The City Sign Code Laws worked well in not allowing off-site signage in residential areas. Staff thought was on inappropriate precedent to the general prohibition against off-site signage. Again, staff would recommend changing the citation to be an immediate citation instead of the three (3) day waiting period.

Leslie Faust, Lawrence Board of Realtors, said it was the goal of the real estate agent to sell the owner’s property. Signage was an important marketing tool to accomplish that goal. One direction sign on private property with the consent of the owner was a good compromise to signage.

Rundle asked who would authorize issuance of a citation.

Corliss said the Building Inspection Staff would be responsible for citations.

Henry expressed a concern about adding temporary directional signs on off-site property because of the potential enforcement problems.

Dunfield thought the proposed Ordinance change would make it harder for staff to enforce the Sign Ordinance. One sign to a particular open house would be appropriate, but what if there were several open houses in the same area. The Sign Ordinance would take more time to enforce. He did not see a compelling need to change the existing Ordinance.

Moved by Rundle, seconded by Hack, to direct staff to prepare an Ordinance to the temporary sign section of the Sign Ordinance authorizing the use of one (1) temporary directional sign on private property with consent of the owner, only in residential areas, one (1) sign per residential lot and the authority to issue an immediate citation for violation of the sign Ordinance. Aye: Rundle, Hack and Kennedy. Nay: Dunfield and Henry. Motion carried. (16)

David Corliss, Assistant City Manager, presented the Draft Franchise Agreement with WorldNet LLC for telephone services. The Franchise Agreement followed the City’s agreements with other franchise Utilities. Some changes included an amendment to include a provision that the telephone company would work with the City in the establishment of City owned conduit along West 6^th Street between Wakarusa and K-10. Staff attempted to address the issue of coordinating above ground lines in relation to the issue of moving houses and other uses on the public right-of-way. If other utilities could cooperate in a similar manor, it would be possible to designate certain City streets which would not be allowed to have above ground wiring which would interfere with house moving activities.

Debra Schmidt, WorldNet LLC, said WorldNet received the appropriate regulatory authority from the Kansas Cooperation Commission to provide local and long distance telecommunications services. Through contractual arrangements with Sunflower Cablevision and Southwestern Bell, customers in Lawrence would benefit from a full service provider of video, data and voice communications beginning the third quarter of 2001. Voice services would be priced competitively and customers could realize discounts with a bundled service package. WorldNet and Sunflower Cablevision had made large capital investments in modern and digital equipment to provide long-term communications solutions to businesses and residential customers. The upgrade to complete this project would be completed by the second quarter of 2002. WorldNet agreed with the proposed Ordinance.

The General Manager of Sunflower Cablevision supported the Franchise Agreement as presented.

Moved by Hack, seconded by Kennedy, to place the first reading of a proposed Ordinance concerning the Franchise of WorldNet LLC to provide communication services on a future agenda. Motion carried unanimously. (17)

Chris Stewart, Assistant Utilities Director, presented the staff report on the Construction and Engineering Agreements for the improvement of the Clinton Water Treatment. Based upon the summer water demands over the past years, staff recommended expansion of the Clinton Plant in two (2) phases. The first phase would help in immediate water demand by improving filtration and pumping capacity. Previously, the City Commission approved staff’s recommendation to proceed with a modified design/build approach using Black & Veatch as the Engineering Consultant and CAS Construction as the contractor for the design/build team. The City Commission also approved the application of funding from the State Revolving Fund for financing the project. The estimated signing date of the Loan Agreement was the end of June. Staff was recommending proceeding with the project immediately. Therefore, staff recommended adoption of a Resolution to authorize temporary notes in the amount of $7,000,000.00 to allow the City to complete the contract agreement with CAS Construction and Black & Veatch. The Resolution would also secure the ability to complete funding of the project in the event that State Funds were not available.

Staff’s recommendation included adoption of Resolution No. 6310, authorizing debt issuance funding for the project, approve the recommendation from Black & Veatch to accept the proposed guaranteed maximum price from CAS Construction in the amount of $5,419,855.00 for the first phase of the Clinton Plant Expansion; and, approve the recommendation from staff to except the maximum not to exceed engineering fees from Black & Veatch in the amount of $935,000.00 for engineering services related to final design, construction phase and resident inspection for the first phase of the project.

Mike Orth, Black & Veatch, explained the expansion project. He presented a schematic drawing of the Clinton Water Treatment Facility with the proposed expansions.

Charles Stryker, CAS Construction, said they were committed to providing a quality project for the City of Lawrence. They were ready to begin once authorized by the City. They were contractors specializing in water and wastewater facilities. Stryker expected the completed project to be a model project. The schedule was to complete the project on or before June 1, 2002.

Moved by Kennedy, seconded by Henry, to approve Resolution No. 6310, authorizing debt issuance funding for the Clinton Water Treatment Plant Expansion. Motion carried unanimously.

Moved by Kennedy, seconded by Henry, to waive the bidding requirements and engineer’s estimate requirements and direct the City Manager to execute an agreement with CAS Construction for expansion of the Clinton Water Treatment Plant. Motion carried unanimously.

Moved by Kennedy, seconded by Henry, to approve and authorized the City Manager to execute an Engineering Service Agreement with Black & Veatch in connection with the Clinton Water Treatment Plant Expansion. Motion carried unanimously. (18)

Kyle Mieras, Planner, presented the request to rezone (Z-03-13-01) approximately 5.199 acres from RS-2 (Single-Family Residence District) to RM-D (Duplex-Residence District) property generally located northeast of Crossgate Drive and West 27^th Street. Staff recommended denial of the request. Much of the property was in the floodplain and fill would be required. Duplexes typically have a larger footprint than single-family homes resulting in more impervious surface. Rezoning to duplex zoning would cause an increase in not only stormwater, but also traffic.

The Planning Commission concurred with the staff report and recommended denial of the rezoning on a seven (7) – two (2) – one (1) vote.

Mike Keeney, representing the applicant said this area was originally planned as part of the Four Seasons PUD with duplexes in this area. In the early 1990‘s this property was withdrawn from the PUD and replatted to single-family lots. Duplexes were appropriate along a collector street and increased traffic should not be a factor. In addition, the project would provide affordable housing. Keeney suggested a compromise that only a portion of the lots be rezoned for duplexes. He suggested lots 24-31 and lots 2-6 be rezoned for duplexes. The remaining of the lots adjacent to the Four Season area would remain in single-family lots.

Kennedy asked if staff considered this proposal.

Mieras said staff recommended denial of the propose compromise because of the impact it would have on adjacent single-family residences.

Barry Geier, 3717 Sunnybrook Court, spoke in opposition to the rezoning. He wanted the area to retain the single-family character of the existing neighborhood. Filling in a floodplain was not a good idea and would cause additional run-off on surrounding properties. He and his wife purchased their property approximately two (2) years ago and was told the surrounding zoning was Single-Family Residential. If he had known at that time Multi-family Zoning was possible, they would not have purchased the home.

Debra Geier, 3717 Sunnybrook Court, supported the denial of the zoning request. She presented a letter from a property owner requesting denial.

Moved by Kennedy, seconded by Dunfield, to concur with the Planning Commission’s recommendations and adopt the findings of fact to deny the request for rezoning of approximately 5.199 acres from RS-2 (Single-Family Residence District) to RM-D (Duplex-Residence District) property generally located northeast of Crossgate Drive and West 27^th Street. Motion carried unanimously. (19)

Linda Finger, Planning Director, presented the staff report concerning adequate public facilities. Finger requested a study session to discuss the Adequate Public Facility Planning Concept. She suggested the consultants could provide an overview of this concept how they were used in other areas with the potential pluses and minuses for their use in Lawrence.

The City Commission concurred to set June 27, 2001, as their first choice to meet with the consultant to discuss Adequate Public Facility Planning and other Tuesdays during the month if that was not acceptable.

Mike Wildgen, City Manager, presented the Draft City Commission Goal Statement.

Moved by Henry, seconded by Kennedy, to approve the 2001-2002 City Commission Goal Statement as developed on April 25, 2001. Motion carried unanimously. (20)

Moved by Dunfield, seconded by Hack, to recess into a executive session for thirty (30) minutes to discuss the possible acquisition of Real Estate with the justification for the executive session to keep possible terms and conditions of possible acquisition confidential at this time. Motion carried unanimously. (21)

Upon returning from executive session, it was moved by Kennedy, seconded by Dunfield, to adjourn at 9:30 p.m. Motion carried unanimously.

APPROVED:

_____________________________

Mike Rundle, Mayor

ATTEST:

___________________________________

Raymond J. Hummert, City Clerk

COMMISSION MEETING MAY 15, 2001

1. Ordinance No. 7358 – 1^st Reading, Amend 3-203, animal running at large to exclude dogs using the City’s off-leash dog park.

2. Ordinance No. 7357 – 2^nd Reading, Establish Housing Trust Fund.

3. Subordination Agreement – 815 Elm, Kristen Barlow.

4. Engineering Design Contract – 13^th & Oregon stormwater improvements for $264,235.80.

5. Final Plat – (PF-03-05-01) Marion Addition No. 4, 1.882 acres, located on S side of West 31^st, W of Steak N’ Shake & Gateway Computers.

6. Prelim Dev Plan – (PDP-03-03-01) Phase IV of Target PCD, S side of W 31^st, W of Steak ‘N Shake & Gateway Computers.

7. UPR – (UPR-03-03-01) – Preschool Center at Good Shepherd Lutheran Church, 2211 Inverness Dr.

8. Rezoning – (Z-03-14-01) 6.01 acres, RS-2 to RM-D, NW of W 28^th & Kasold. (Deny)

9. Rezoning – (Z-03-12-01) 1.2 acres, A to RS-2, 1207 E 1600 Rd.

10. Rezoning – (Z-03-16-01) 2 from PCD-2 to PCD-2, SE corner of W 6^th & Monterey Way.

11. Prelim Dev Plan – (PDP-03-04-01) 6^th & Monterey Way, 1 story 8,532 sq. ft. bldg, 2 story 4,800 sq. ft. bldg. & 82 parking spaces.

12. Annexation Request – 4.6 acres, N of N St & E of N 3rd.

13. Drinking Establishment – Club 508, 508 Locust.

14. Transit System – Route changes.

15. Stormwater – 1205 Brook St.

16. Sign Code – Amendment, real estate signs.

17. Telephone Services – Draft Franchise Agreement with WorldNet LLC.

18. Resolution No. 6310 – Debt issuance funding for agreement with CAS Construction.

19. Rezone – (Z-03-13-01) 5.199 acres, RS-2 to RM-D, NE of Crossgate & W 27^th.

20. Adequate Public Facilities.

21. Draft City Commission Goals Statement.