May 22, 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, Henry, Hodges, and Kennedy present. Student Commissioner May was present.
The City Commission recognized the Lawrence student delegation traveling to Hiratsuka, Japan and Eutin, Germany, Sister Cities of Lawrence; and, proclaimed the week of May 20 - 26, 2001 to be "Emergency Medical Services Week."
As part of the consent agenda, it was moved by Kennedy, seconded by Hack to approve the City Commission meeting minutes of May 15, 2001. Motion carried unanimously.
As part of the consent agenda, it was moved by Kennedy, seconded by Hack to approve the Recycling and Resource Conservation Advisory Board meeting minutes of April 11, 2001; and, the Lawrence Arts Commission meeting minutes of February 7, 2001 and March 14, 2001. Motion carried unanimously.
As part of the consent agenda, it was moved by Kennedy, seconded by Hack to approve claims in the amount of $1,910,622.38; and, payroll from May 6, 2001 to May 19, 2001 in the amount of $1,137,065.72. Motion carried unanimously.
As part of the consent agenda, it was moved by to approve the Drinking Establishment License for Royal Crest Lane, 933 Iowa (Contingent Upon State License); the Drinking Establishment License (C-3 Zoning Requirement) for Milton's Coffee & Wine, 920 Massachusetts; and, the Sidewalk Dining License for Aimee's Coffeehouse, 1025A Massachusetts (Contingent Upon Departmental Approval.) Motion carried unanimously.
As part of the consent agenda, it was moved by Kennedy seconded by Hack to concur with the recommendation of the Mayor and appoint Edward "Pete" Easterwood to the Fire Code Board of Appeals. Motion carried unanimously.
Kennedy requested discussion on the recommended appointment of David Burress to the City of Lawrence/Douglas County Planning Commission.
Ron Durflinger said Burress would be a wise appointment in any other circumstances then the one facing the City Commission this evening. It was inappropriate not to appoint Paul Werner to a full-term after serving an unexpired term and attending all the meetings and mid-monthly meetings. Warner brought significance experience to the Planning Commission. This was a significant break in tradition of having Planning Commissioners being reappointed after stating they wished to continue service. There would be another position open on the Planning Commission and Burress would be an appropriate appointment for that position. He asked for reconsideration for Werner’s appointment to the Planning Commission.
Rundle said he realized his appointment was late to the City Commission and to the public, but because of other issues on the public’s agenda, he was not able to get the information in the packet on Thursday. He made the decision to appoint Burress because Werner’s term expired on May 31, 2000 and the City Commission was not meeting until June. Rundle reviewed the appointment process with staff and informed the Chair of the Douglas County Commission of his decision. He informed the Douglas County Chair that Werner’s appointment by the County could be appropriate. Rundle said there was precedent not reappointing members to a Board or Commission including the Hospital Board and Board of Zoning Appeals. It has been past practice for each Mayor to make his or her own decision concerning appointments and he has supported the appointments of pervious Mayors.
Jere McElhaney said he admired the dedication of the people serving on the Planning Commission. He supported the appointment of Paul Werner to the Planning Commission because the Planning Commission would be losing a valuable asset. McElhaney said Werner being an architect brought valuable resources to the Planning Commission.
Sue Pine, 1783 East 1500 Road, supported the reappointment of Paul Werner to the Planning Commission. This appointment would add continuity and stability to a relatively new Planning Commission. She expressed concern about the learning curve for a Planning Commissioner and the current expertise on the Planning Commission. She said good Planning Commissioners need both expertise and a history of the Planning process.
Charles Jones said he would be disappointed if Werner was reappointed. If it was important for Werner to be on the Planning Commission, the Chair of the Douglas County Commission could appoint him with an upcoming opening on the County side. The Planning Commission was currently unbalanced with nine (9) Republicans serving on that Board. Burress would represent an important part of the Douglas County community. It was backward thinking that reappointment to a Board or Commission was automatic. Jones thought the Planning Commission needed broader representation. He supported the sovereignty of the Mayor and his ability to appoint whom ever he thought best. The Planning Commission needed a balanced representative and Horizon 2020 needed to be respected.
Bruce Plenk, 1042 Rhode Island, supported the Mayor’s decision. It was not unexpected that when President Bush took office, he made his own appointments to key positions. Plenk said a different Mayor could appoint a different person to the Planning Commission. The opportunity to make an appointment was based upon the Mayor being an elective person. Voters could not hold a Planning Commission member accountable, but they could hold an elected official accountable. These were not life appointments and Plenk said it was reasonable to have them expect not to return to the Commission. Because of Burress experience, Plenk supported his nomination and appointment to the Planning Commission.
Melinda Henderson read the appointment process from the Zoning Ordinance. She said all appointments shall be for the term of three (3) years and nowhere in the document does it say that a reappointment would be automatic. A lot of people felt that an appointment to a Committee or Commission for a three (3) year term included no guarantees on reappointment.
Joe Abbot supported Burress for the Planning Commission because of what people were saying during a recent program on growth in Lawrence. The constant theme at that program was the concern about growth. Abbot said Rundle was Mayor and should be able to appoint people that are like-minded to his way of thinking. He cautioned if the City Commission did not concur with the appointment, there could be someone less qualified for the Planning Commission.
Adam Mansfield said citizens had approximately three (3) minutes before the Planning Commission to make statements. He supported the importance of Horizon 2020 and would like to have someone representing his view. There was currently no one on the Planning Commission representing his view of Horizon 2020.
Frank Male, 861 East 2100 Road, Eudora, said he was just ending a six (6) year term on the Planning Commission. There was a concern about planning following growth. It took time on the Planning Commission to really understand what was going on. Having people replace every three (3) years was detrimental to the planning process. Male said Werner brought considerable experience to the Planning Commission and their decision-making.
Larry Kipp supported the Mayor’s authority to make appointments. Appointments were not political and were not subject to the consequences of the political process. He wanted someone to uphold Horizon 2020 instead of having a super majority vote to defend it. Kipp thought broadening the representation on the Planning Commission was a good.
Rundle said he communicated with the Chair of the County Commission about the possibility of reappointment of Werner by the County. He thought the response was disrespectful. Rundle emphasized there was precedent to the Mayor making changes through the appointment process. He respected the will and appointments of previous Mayors and asked the current City Commission to respect and support his appointment.
Kennedy expressed a concern about the process in the appointment being flawed. It appeared the Mayor attempted to work out a deal with the County Commission which was inappropriate. Kennedy said he thought Werner being an architect brought good expertise to the Planning Commission. Werner was involved with the community from both an historical and neighborhood prospective. Kennedy said he would not support the appointment of David Burress because of the flawed process.
Dunfield thought this decision was getting too personal. He had supported the appointments of previous Mayors because he thought it was an important duty as a Commissioner to support its appointments. Whatever process was used, the reasons for appointment were valid.
Hack expressed a concern about a lack of notification on the appointment. She said both appeared to have good qualifications. She thought experience was important and supported the appointment of Warner in retaining his position.
Henry said when making appointments as Mayor, he thought he was making a recommendation for appointment. He supported diversity on the Planning Commission, but did not support this appointment at this time. The practice was reappointment for those people who express a desire to serve and was doing a credible job. Henry said Werner has not completed a full three (3) year term because he was appointed to an un-expired term. He supported Burress for appointment to the Planning Commission, but not at this time. He said the Planning Commission needed the experience of Werner.
Rundle said there was no deal making with the County Commission. Werner knew he had a Commission appointment only for the current term. He was not able to give initial notification to the Commission about the appointment because of other pressing matters.
Moved by Dunfield, seconded by Rundle, to concur with the Mayor’s recommendation and appoint David Burress to the City of Lawrence/Douglas County Planning Commission. Aye: Dunfield and Rundle. Nay: Hack, Henry, and Kennedy. Motion failed. (1)
As part of the consent agenda, it was moved by Kennedy, seconded by Hack to authorize the purchase of ten (10) new turbid meters for the Kaw Plant from Hack Company, in the amount of $19,083.00. Motion carried unanimously. (2)
As part of the consent agenda, it was moved by Kennedy, seconded by Hack to authorize a contract with Superior Electric Company for the Clinton Plant Electrical Rehabilitation Project, in the amount of $17,983.36. Motion carried unanimously. (3)
As part of the consent agenda, it was moved by Kennedy, seconded by Hack to place on 1st Reading Ordinance No. 7359, granting WorldNet LLC a Franchise Agreement for telephone services. Motion carried unanimously. (4) 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, was read a second time. As part of the consent agenda, it was moved by Kennedy, seconded by Hack 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 Kennedy, seconded by Hack to approve the Public Transit Advisory Committee recommendation for free rider ship on Thursday starting May 31, 2001 and ending July 26, 2001. Motion carried unanimously. (6)
As part of the consent agenda, it was moved by Kennedy, seconded by Hack to receive the staff report concerning unincorporated property south of 31st Street; and, direct staff to prepare documents to initiate unilateral annexation. Motion carried unanimously. (7)
As part of the consent agenda, it was moved by Kennedy, seconded by Hack to authorize the Mayor to execute a Bill of Sale and Quit Claim Deed transferring a sanitary sewer line near Jayhawk Towers to the University of Kansas. Motion carried unanimously. (8)
As part of the consent agenda, it was moved by Kennedy, seconded by Hack to approve the Lawrence Arts Commission recommendations on the Community Arts Grant Program. Motion carried unanimously. (9)
As part of the consent agenda, it was moved by Kennedy, seconded by Hackto approve the Final Plat (PF-03-06-00) of The Reserve at Alvamar No. 3, a 25.364-acre residential plat containing 57 lots, located at the intersection of Bobwhite Drive and George Williams Way (extended south); and, accept the dedication of easements and rights-of-way, subject to the following conditions:
1. Execution of a Temporary Utility Agreement;
2. Provision of a revised final plat to include a 7'-wide Pedestrian and Roadway Easement along the north side of Lot 1, Block One.
3. Provision of a revised final plat to show the location of the off-site sanitary sewer easement and drainage easement in relationship to the platted boundary;
4. Provision of a note on the face of the final plat which state; "off-site easements to be provided by separate instrument prior to submittal of public improvement plans."
5. Provision of a revised final plat to include the following notes:
a. "Direct vehicular access to Bobwhite Drive is prohibited from Lots 10 and 20, Block 2."
b. "Direct vehicular access to George Williams Way is prohibited from Lots 1, 5 and 8, Block 2 and from Lot 15, Block 1.
c. Provision of a revised final plat to change Bobwhite Court to Bobwhite Drive.
6. Provision of a revised final plat to include a note regarding the purpose, maintenance and ownership of Tract A, Block 1.
7. Provision of a revised final plat to include in the Lot Table Summary the MEBO for each lot adjacent to a drainage easement.
8. 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 Office.
c. Provision of a master Street tree plan.
d. Provision of street sign fees.
Motion carried unanimously. (10)
As part of the consent agenda, it was moved by Kennedy, seconded by Hack to authorize the Mayor to sign the "Certification of Consistency with the Consolidated Plan" and "Application for Federal Assistance (SF-424)" for the Bert Nash Community Mental Health Center HUD application for Supportive Housing for the 911 Ohio and Bridges to Independence permanent supportive housing programs. Motion carried unanimously. (11)
As part of the consent agenda, it was moved by Kennedy, seconded by Hack to authorize the Mayor to sign a Release of Mortgage for Chris and Paula O'Connor, 702 Maine. Motion carried unanimously. (12)
Mike Wildgen presented a report on the City Aquatic Center Season passes.
Moved by Kennedy, seconded by Hack to receive the staff report regarding City Aquatic Center’s season passes. Motion carried unanimously. (13)
Linda Finger, Planning Director, presented the staff report for floodplain maps approved by the U.S. Government. She outlined the actions that needed to be taken to implement the maps. The first was a revision to Article 9, Chapter 20 of the City Code to reflect the updated maps. Since these were countywide maps, both Lawrence and Douglas County needed to update and revise their regulations for development in the designated floodplain. She thought it was appropriate to have a joint meeting to coordinate these regulations as both Commissions indicated in the past.
Rundle asked when would it be appropriate to review the proposed regulations.
Fingers said sometime in July. (14)
Chad Voigt, Stormwater Engineer, presented the staff report on the proposed Stormwater Pollution Prevention Ordinance. Voigt reviewed the Federal Regulations requiring the Ordinance and the process used to develop the proposed ordinance. The next step was to have the City Commission place the proposed Ordinance on a future agenda.
Rundle asked if the area on prohibitions could include some of the regulatory statements as for reasons for prohibitions.
Voigt said he would reword that section and present it in the revised Ordinance.
Hack asked if staff had met with Science Coordinators in the school system to get the word out.
Voigt said they have been working on a limited basis with various groups including the girl scouts. They hoped to expand that program once a new coordinator was hired.
Moved by Henry, seconded by Hack, to direct staff to place the proposed Ordinance on Storm Water Pollution Prevention on a future agenda. Motion carried unanimously. (15)
Mayor Rundle called a public hearing on the proposed maximum special assessments for the improvement of 7th Street, Monterey Way to Comet.
David Corliss, Assistant City Manager, presented the staff report on the benefit district.
Upon receiving no public comment, it was moved by Henry, seconded by Kennedy, to close the public hearing. Motion carried unanimously.
Moved by Dunfield, seconded by Kennedy, to place on first reading Ordinance No. 7355, levying the maximum assessments to pay for the cost of construction of 7th Street from Comet Lane to Monterey Way. Motion carried unanimously. (16)
Mayor Rundle called a public hearing on the proposed maximum special assessments for the construction of Comet Lane from West 6th Street to the South.
David Corliss, Assistant City Manager, presented the map of the benefit district and the proposed assessments.
Upon receiving no public comment, it was moved by Henry, seconded by Kennedy, to close the public hearing. Motion carried unanimously.
Moved by Dunfield, seconded by Kennedy, to place on first reading Ordinance No. 7337, levying the maximum assessments to pay for the cost of construction of Comet Lane. Motion carried unanimously. (17)
Moved by Dunfield, seconded by Kennedy, to approve Resolution No. 6312, increasing the total project cost for the construction of 7th Street to $285,100.00. Motion carried unanimously. (18)
Debbie Van Saun, Assistant City Manager, presented the staff report on Airport Improvements. The Federal Aviation Administration approved the Phase One (1) and Phase Two (2) of the Airport Runway Improvements. The next step in the process was to set a bid date of June 19, 2001 to receive bids on Phase One (1) of the project. Staff has completed the required steps in the consultant selection process for engineering services for the improvement project. Staff requested approval to authorize the City Manager to enter into a contract with the Airport Development Group (ADG) for engineering services in the amount of $266,620.00. The third step was authorizing funding for the improvements. Van Saun requested the City Commission approve the financing Resolution to proceed with funding of the project.
Moved by Kennedy, seconded by Henry, to set a bid date of June 19, 2001 for Phase One (1) of Airport Runway Improvements. Motion carried unanimously. (19)
Moved by Kennedy, seconded by Henry, to authorize the City Manager enter into a contract with ADG for engineering services in the amount of $266,620.00 for improvements at the Airport. Motion carried unanimously. (20)
Moved by Kennedy, seconded by Henry, to approve Resolution No. 6311, authorizing Debt Financing for Airport Improvements. Motion carried unanimously. (21)
Kennedy said he asked staff to review the cost of maintaining the Eternal Flame at the cemetery. He said staff was anticipating about a six hundred dollar ($600.00) increase above cost for last year in keeping the flame burning.
Rundle said he thought it was appropriate to request various Veterans Organizations to develop alternatives other than using the flame which burned gas. He thought it was appropriate to look at other alternatives before turning the flame off. (22)
Student Commissioner May informed the City Commission this was to be her last meeting of the year. She thanked the Commission for the experience.
The City Commission concurred to set June 27, 2001 at 9:00 a.m., as a meeting to discuss with the Planning Consultant the Public Facility Regulations. (23)
Schuyler Lister, owner of 1201 East 13th Street, requested that the City Commission withdraw the request to rezone 1201 East 13th from C-4 to RS-2. He requested the City Commission initiate rezoning from C-4 to C-1. This would reduce the intensity of commercial on the property and provide any future owners flexibility to maintain a neighborhood commercial facility in the area.
Rundle asked if the Brook Creek Neighborhood Association has given a recommendation on the proposal.
Lister said Brookfield recommended RS zoning. Lister presented a petition from people stating they would like to see the property remain commercial with a less intense or restricted use. Approximately forty-two (42) homeowners and renters signed the petition.
Rundle said when the initial decision was made by the City Commission, they did not look at the proposal in any depth.
Michael Almon recommended the City consider zoning changes that would include the concept of Walkable Neighborhood Zoning Districts. This would provide for one-lot of commercial use in the middle of a neighborhood. The Zoning Advisory Board was looking at this concept. He suggested the City withdraw the rezoning request to RS-1 and initiate a new request to C-1 with a Letter of Intent from Lister that he would change to the Walkable Neighborhood Zoning District if adopted.
Dunfield suggested withdrawing the zoning application altogether until the City Commission knew what they were going to be doing with the zoning regulations.
Moved by Dunfield, seconded by Hack, to direct staff to withdraw from the Planning Commission’s agenda the down zoning of 1201 East 13th Street from C-4 to RS-2. Motion carried unanimously. (24)
Graham Kreicker, 1625 St. Andrews Drive, suggested the City Commission find the funding necessary to continue the flame burning at the cemetery. He said if the City could not find the resources to keep the flame burning, it was the intent of veterans groups to pay for it.
Bill Shepard supported keeping the flame at the cemetery burning.
Moved by Hack, seconded by Kennedy, to adjourn at 8:55 p.m. Motion carried unanimously.
APPROVED:
_____________________________
Mike Rundle, Mayor
ATTEST:
___________________________________
Raymond J. Hummert, City Clerk
COMMISSION MEETING MAY 22, 2001
1. City of Lawrence/Douglas County Commission – Discussion of appointment.
2. Turbid Meter Purchase – For Kaw Plant from Hack Co. for $19,083.
3. Clinton Plant Electrical Rehab Project – Superior Electric for $17,983.36.
4. Ordinance No. 7359 – 1st Reading, WorldNet LLC Franchise Agreement for phone svcs.
5. Ordinance No. 7358 – 2nd Reading, Amend 3-203, animal running at large to exclude dogs using the City’s off-leash dog park.
6. Public Advisory Committee – Ridership on Thursday, May 31 ending July 26.
7. Unincorporated Property – S of 31st.
8. Bill of Sale & Quit Claim Deed – Sanitary Sewer line near Jayhawk Towers to K.U.
9. Lawrence Arts Commission – Community Arts Grant Program.
10. Final Plat – PF-03-06-00, The Reserve at Alvamar No. 3, 25.364 acre, intersection of Bobwhite Dr & George Williams Way.
11. Certification of Consistency with the Consolidated Plan.
12. Mortgage Release – 702 Maine, Chris & Paula O’Connor
13. Aquatic Center – Seasonal passes.
14. Flood Plain Maps – Approved by U.S. Government.
15. Storm Water Pollution Prevention.
16. Ordinance No. 7355 – 1st Reading, Max Assessment for 7th St., Comet to Monterey Way.
17. Ordinance No. 7337 – 1st Reading, Max Assessment for Comet Ln.
18. Resolution No. 6312 – Increase project cost for 7th St., to $235,100.
19. Airport Runway Improvement – Bid date of June 19 (Phase 1).
20. Airport Engineering Svcs – ADG for $266,620.
21. Resolution No. 6311 – Airport Improvements Financing.
22. Eternal Flame – Cemetery
23. Public Facility Regs – Discussions set for June 27 at 9:00 a.m.
24. Zoning Application withdrawn – 1201 E 13th from C-4 to RS-2