June 5, 2001

 

The Board of Commissioners of the City of Lawrence met in regular session at 6:45 p.m., in the City Commission Chambers in City Hall with Mayor Rundle presiding and members Dunfield, Hack and Henry present.  Kennedy was absent.  

With Commission approval, Mayor Rundle proclaimed June 8, 2001 to be "Health Care Access Volunteer Recognition Day."

As part of the consent agenda, it was moved by Hack, seconded by Dunfield, to approve the City Commission meeting minutes of May 22, 2001.  Motion carried unanimously.

As part of the consent agenda, it was moved by Hack, seconded by Dunfield, to receive the Recycling and Resource Conservation Advisory Board meeting minutes of April 11, 2001; the Practitioner's Panel meeting minutes of May 17, 2001; the Public Transit Advisory Committee meeting minutes of May 15, 2001; the Neighborhood Resources Advisory Committee meeting minutes of May 10, 2001; the Lawrence Public Library Board meeting minutes of April 18, 2001; the Public Health Board meeting minutes of March 21, 2001; and, the Mental Health Board meeting minutes of January 30, 2001, February 27, 2001, March 27,2001, and April 2, 2001.  Motion carried unanimously.

As part of the consent agenda, it was moved by Hack, seconded by Dunfield, to approve claims in the amount of $10,701,195.35 and payroll from May 20, 2001 to June 2, 2001 in the amount of $1,205,887.97.  Motion carried unanimously.

As part of the consent agenda, it was moved by Hack, seconded by Dunfield, to approve the Cereal Malt Beverage License for MoJo's, 714 Vermont, Suite A (Contingent Upon Departmental Approval); the Retail Liquor License for Cork & Barrel, 3514 Clinton Parkway (Contingent Upon State License).  Motion carried unanimously.

As part of the consent agenda, it was moved by Hack, seconded by Dunfield, to concur with the recommendation of the Mayor and reappoint Scott Bailey to the Traffic Safety Commission; and, reappoint Truman Waugh to the Douglas County Emergency Management Board.  Motion carried unanimously.

The City Commission reviewed the bids for sanitary sewer rehabilitation in the area of 22^nd Street and Alabama for the Utilities Department.  The bids were:

As part of the consent agenda, it was moved by Hack, seconded by Dunfield, to waive the engineer’s estimate and award the bid to Modern Engineering in the amount of $112,402.00.  Motion carried unanimously.

The City Commission reviewed the bids for one (1) ½ ton pickup for the Public Works Dept.  The bids were:

As part of the consent agenda, it was moved by Hack, seconded by Dunfield, to award the bid to Olathe Ford in the amount of $17,871.00 because the low bid did not meet specifications.  Motion carried unanimously.

The City Commission reviewed the bids for 8^th Street, New York to New Jersey, Storm Water Improvements for the Public Works Department.  The bids were:

As part of the consent agenda, it was moved by Hack, seconded by Dunfield, to award the bid to McLouth Excavating in the amount of $76,564.00.  Motion carried unanimously.

The City Commission reviewed the bids for City personal computers for the Information Systems Department.  The bids were:

As part of the consent agenda, it was moved by Hack, seconded by Dunfield, to award the bid to Microtech Computers in the amount of $90,702.00.  Motion carried unanimously.

The City Commission reviewed the bids for Eagle Bend golf cart paths for the Parks and Recreation Department.  The bids were:

As part of the consent agenda, it was moved by Hack, seconded by Dunfield, to award the bid to Kansas Heavy Construction in the amount of $29,435.00 because the bids were offered by linear foot cost which was $11.90 therefore, the recommendation was to reduce the project to complete the cart path on the south side of No. 1 fairway and possible expansions between No. 6 green and the No. 7 tee box.  Motion carried unanimously.

As part of the consent agenda, it was moved by Hack, seconded by Dunfield, to authorize the City Manager to enter into a contract with Clisso Company for the 2001 Waterline Improvement Project - Phase I, for $340,514.00.  Motion carried unanimously.

As part of the consent agenda, it was moved by Hack, seconded by Dunfield, to authorize the City Manager to enter into a contract with New Horizons Computer Learning Centers to provide PC software training for City employees.  Motion carried unanimously.

As part of the consent agenda, it was moved by Hack, seconded by Dunfield, to adopt Resolution No. 6313, requesting the U.S. Department of Interior to approve right-of-way use for the improvement of 23^rd Street and Barker traffic signal improvements.  Motion carried unanimously.               (1)

As part of the consent agenda, it was moved by Hack, seconded by Dunfield, to adopt Resolution No. 6314, issuing bonds in the amount of $200,000.00 for the design and construction of modifications to 6^th and Lawrence Avenue, Clinton Parkway and Lawrence Avenue, 6^th and Massachusetts, and 6^th and Kentucky.  Motion carried unanimously.               (2)

As part of the consent agenda, it was moved by Hack, seconded by Dunfield, to adopt Resolution No. 6315, authorizing the Mayor to execute an agreement with the Kansas Department of Transportation for the North Michigan Street improvements with the State paying eighty percent (80%) of construction and construction engineering and the City paying the additional twenty percent (20%) and one hundred percent (100%) of the engineering design.  Motion carried unanimously.                 (3)

As part of the consent agenda, it was moved by Hack, seconded by Dunfield, to adopt Resolution No. 6316, authorizing the issuance of bonds in the amount of $250,000.00 for the milling and overlay of 23^rd Street, from Iowa to Kentucky Court, and Iowa from 31^st and 33^rd Streets with KDOT paying $200,000.00; and, set a bid date of June 19, 2001 for the project.  Motion carried unanimously.                                                                                                                      (4)

As part of the consent agenda, it was moved by Hack, seconded by Dunfield, to place on 2^nd Reading Ordinance No. 7359, granting WorldNet LLC a franchise agreement for telephone services.  Motion carried unanimously.                                                                         (5)

Ordinance No. 7337, establishing the maximum special assessments for the improvement of Comet Lane, 6^th to 7^th Street, was read a second time.

As part of the consent agenda, it was moved by Hack, seconded by Dunfield, to adopt the ordinance.  Aye:  Dunfield, Hack, Henry and Rundle.   Nay: None.  Motion carried unanimously.                                                                                                                                   (6)            Ordinance No. 7355, establishing the maximum special assessments for the improvement of 7^th Street, Comet lane to Monterey Way, was read a second time.           

            As part of the consent agenda, it was moved by Hack, seconded by Dunfield, to adopt the ordinance.  Aye:  Dunfield, Hack, Henry and Rundle.   Nay: None.  Motion carried unanimously.                                                                                                                                   (7)

As part of the consent agenda, it was moved by Hack, seconded by Dunfield, to approve the Site Plan (SP-05-23-01) for conversion of an existing residence at 1023 Kentucky to office/residential use, subject to the following conditions:

1.                  A site plan performance agreement be executed; (Per Section 20-1433)

2.                  Completion of the Historic Resources Commission conditions;

a.                  The applicant provide black and white photographs to the existing dwelling and site; and,

b.                  The applicant provide a list of materials.

3.                  Revision of the site plan to include: (Per Planning Department)

a.                  Dimensions on the parking spaces;

b.                  Notation of HRC approval of CA-04-00-07-2001 on May 17, 2001;

c.                  Notation that parking area must be constructed to City Standards;

d.                  Notation that mechanical equipment must be screened according to 20-14A04.8;

e.                  Notation that "This site plan has been designed to comply with the provisions of the Americans with Disabilities Act Accessibility Guidelines (ADAAG) for building and facilities.  Appendix A to 28 CFR Part 26;

f.                    Correction of Gross Square Footage numbers; and,

g.                  Correction of impervious surface numbers.

Motion carried unanimously.                                                                                               (8)

As part of the consent agenda, it was moved by Hack, seconded by Dunfield, to concur with the Planning Commission’s recommendations to approve the Final Plat (PF-04-10-01) for Central National Bank, a replat of Lot 1B in a revised lot split of Lot 1 of a Replat of Rissman Subdivision, and Lot 1, Block 1, in Eastgate Place, a 3-lot commercial plat containing approximately 4.928 acres, located on the southwest corner of East 23^rd Street (K-10 Highway) and Harper Street, 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 the following:

a.                  Show the minimum front building setback lines for Lots 1-3 per Section 20-707(b);

b.                  Provision of a note on the face of the Final Plat that states: "Direct access from Lot 2 to 23^rd Street is prohibited";

c.                  Provision of a note on the face of the Final Plat that states; "Direct access to Harper Street shall be limited to no more than three access points;

d.                  Provision of a revised Final Plat to change the 25' U/E to a 25' A/E across the east portion of Lot 2;

e.                  Identification of this Final Plat of the access easement on Lot 1A of the Rissman Subdivision (width, public or private and the book and page number of the recording);

f.                    Provision of a revised Final Plat to show the 20'x20' existing easement along the south portion of Lot 3 per the dedication of Eastgate Subdivision;

g.                  Provision of a reference to note the Master Street Tree Plan recording information.

3.                  Review and confirmation of the conformance of the Final Plat with the Stormwater Management Criteria by the City Stormwater Engineer;

4.                  Provision of the following fees and recording documentation:

a.                  Recording fees made payable to the Douglas County Register of Deeds; and,

b.                  Provision of a Master Street Tree Plan.

Motion carried unanimously                                                                                                (9)

As part of the consent agenda, it was moved by Hack, seconded by Dunfield, to concur with the Planning Commission’s recommendations to approve the Final Plat (PF-04-11-01) for Lawrence Municipal Airport Addition, an industrial subdivision containing approximately 25.5 acres and 16 lots, generally located northeast of US 24/40 Highway and East 1550 Road, and accept the dedication of easements and rights-of-way, subject to the following conditions:

1.                  Recording of the Certificate of Survey for the entire airport property with the Register of Deeds Office;

2.                  Provision of a revised Final Plat to include the following changes:

a.                  Provide a temporary turn around at the west end of Stintson Road per Section 21-607.2 (m);

b.                  Provide a note on the face of the Final Plat, which states "Lots 1 and 2, Block 1; Lots 1 and 5, Block 2; Lot 1, Block 4 and Lot 1, Block 5 shall not have direct access to Airport Road";

c.                  Provide a note which states "Buildings shall be limited to single story structures and shall comply with maximum height limitations per FAA and Section 20-1100 of the City Zoning Regulations";

d.                  Provision of a revised Final Plat to separate the drainage easement from the utility easement along the west property line of Lots 1 - 4, Block 3 and Lot 3, Block 2;

e.                  Provide a table summary of the Finished Floor Elevation for all lots in the 100-year floodplain and to note the MEBO for any lot adjacent to a drainage easement on the face of the Final Plat;

f.                    Provide revised endorsement blocks for Mayor and Planning Commissioner Chair from "James R. Henry to "Mike Rundle" and Frank A. Male" to "Jane Bateman";

3.                  Provision of a revised Final Plat per the Stormwater Engineer's review comments:

a.                  Provide separate easements for drainage easements along the west boundary;

4.                  Provide responses to the Drainage District concerns outlined in the letter dated April 12, 2001;

5.                  Provision of a Master Street Tree Plan and note reference on the face of the final plat (per staff approval);

6.                  Execution of a temporary utility agreement; and

7.                  Pining of the lots in accordance with Section 21-103 of the Subdivision Regulations.

Motion carried unanimously.                                                                                             (10)

As part of the consent agenda, it was moved by Hack, seconded by Dunfield, to concur with the Planning Commission’s recommendations to approve the Final Plat (RP-04-03-01) for McInroy Subdivision, a replat of Lot 4A, North Lawrence Addition No. 11 at 2-lot residential plat containing approximately 18,000 sq. ft., located on the northeast corner of North 8^th and Locust Streets, commonly known as 841 & 847 Locust, and accept the dedication of easements and rights-of-way, subject to the following conditions:

1.                  Provision of a revised Final Plat indicating the following:

a.                  Add a note to the Final Plat stating that any fill material placed on these lots after July 1999 must comply with Ordinance No. 7100;

b.                  Add a note to the Final Plat stating that all driveway culverts must be constructed per the approved plan dated April 13, 2001;

2.                  Submission and approval of a Master Street Tree Plan;

3.                  Provide an executed Agreement Not to Protest the Formation of a Benefit District for street and sidewalk improvements for Locust Street;

4.                  Execution of a Temporary Utility Agreement; and,

5.                  Provide proof that all taxes and special assessments due and payable have been paid.  In the case of unpaid special assessments, a proposed redistribution of such unpaid special assessments must meet the City's requirements and be acceptable to the City Clerk and Public Works director.

Motion carried unanimously.                                                                                             (11)

            As part of the consent agenda, it was moved by Hack, seconded by Dunfield, to concur with the Planning Commission’s recommendations to approve the Final Plat (PF-04-12-01) for Crosswinds East, a proposed multi-family residential one-lot subdivision containing approximately 3.916 acres, located east of Silicon Avenue and north of East 23^rd Street, 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 the following:

a.                  Provision of a note on the face of the plat that states "Refer to the approved Preliminary Plat on file with the Lawrence Douglas County Planning Commission for the location of right-of-way and easement vacation."

3.                  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.

Motion carried unanimously.                                                                                             (12)

            As part of the consent agenda, it was moved by Hack, seconded by Dunfield, to concur with the Planning Commission’s recommendations to approve the Final Plat (PF-04-13-01) for Lawrence's Kritos Addition, a one-lot commercial subdivision containing approximately .856 acres, located on the east side of Nieder Road, south of Douglas County Bank, at 3110 Nieder Road, and accept the dedication of easements and rights-of-way, subject to the following conditions:

1.                  Execution of a Temporary Utility Agreement;

2.                  Provision and approval of a Master Street Tree Plan;

3.                  Provide a certificate that all taxes and special assessments, a proposed redistribution of such unpaid special assessments must meet the city's requirements and be acceptable to the City Clerk and Public Works Director; and,

4.                  Review and finding by the City Stormwater Engineer that the final plat meets the minimum stormwater requirements.

            Motion carried unanimously.                                                                                             (13)

            As part of the consent agenda, it was moved by Hack, seconded by Dunfield, to concur with the Planning Commission’s recommendations to approve the Final Plat (PF-04-14-01) for Advanced Glass, a one-lot industrially zoned plat containing approximately .747 acre, located at 1705 Haskell Avenue (southwest corner of Haskell and LaSalle and accept a variance to allow the dedication of easements rather than right-of-way for Haskell Avenue, subject to the following conditions:

1.                  Provision of a revised Final Plat depicting the following:

a.                  Provide a 20' roadway/sidewalk/utility easement along the eastern property line and remove 5' utility easement;

b.                  Provision of a note stating “no access will be provided to LaSalle Street from this lot”;

c.                  Provide a note on the face of the plat stating "Street Trees shall be provided in accordance with the Master Street Tree Plan filed with the Register of Deeds.  Book_____, Page_____";

2.                  Execution of a Temporary Utility Agreement;

3.                  Provision and approval of a Master Street Tree Plan;

4.                  Provide a certificate that all taxes and special assessments due and payable have been paid.  In the case of unpaid special assessments a proposed redistribution of such unpaid special assessments must meet the City's requirements and be acceptable to the City Clerk and Public Works Director;

5.                  Provide an executed agreement not-to-protest street and sidewalk improvements for Haskell Avenue and LaSalle Street;

6.                  Review and finding by the City Stormwater Engineer that the Final Plat meets the minimum stormwater requirements; and,

7.                  Pinning of the lot in accordance with Section 21-302.2

Motion carried unanimously.                                                                                             (14)

As part of the consent agenda, it was moved by Hack, seconded by Dunfield, to approve the use of right-of-way for temporary direction signage for the Sunflower State Games.  Motion carried unanimously.                                                                                                         (15)

As part of the consent agenda, it was moved by Hack, seconded by Dunfield, to approve a variance allowing for one (1) single meter at the clubhouse location for the Parkway Commons Development.  Motion carried unanimously.                                                              (16)

As part of the consent agenda, it was moved by Hack, seconded by Dunfield, to authorize the City Manager to execute a Supplemental Engineering Contract with TranSystems to complete the engineering design for North Michigan, Riverridge Road to West 2^nd Street, in the amount of $165,772.00.  Motion carried unanimously.                                                                   (17)

As part of the consent agenda, it was moved by Hack, seconded by Dunfield, to approve the Construction Engineering Contract with TranSystems for 23^rd and Barker Avenue, Geometric and Traffic Signal Improvements, in the amount of $84,154.81 with the State funding the project which would be bid by July 2001 with the State paying ninety percent (90%) of the cost, and the City paying the additional ten percent (10%.) of the cost.  Motion carried unanimously.                                                                                                                                       (18)

Henry had a concern about the recommendations from the Planning Commission showing one (1) access point onto North 2^nd on the Final Plat of Wood Addition. 

Linda Finger, Planning Director, said in February the City Commission received the Final Plat for Wood Addition.  At that time, there was concern if one (1) access point was enough to service large vehicles.  After talking with Chris Huffman, Corridor Management Administrator, KDOT and the City Engineer, the consensus was that two (2) access points would work and it was within the prerogative of the City Commission to remove that condition. 

Moved by Henry, seconded by Dunfield, to concur with the Planning Commission’s recommendations to approve the Final Plat (PF-10-39-00) for Wood Addition, a one-lot commercial subdivision containing approximately 0.253 acre, located at the junction of North 2^nd and North 3^rd Streets in North Lawrence, north of O'Reilly Auto Parts; and, accept the dedication of easements and rights-or-way, subject to the following conditions:

1.                  Execution of a Temporary Utility Agreement.

2.                  Provision and approval of a Master Street Tree Plan.

3.                  Provide a certificate that all taxes and special assessments due and payable have been paid.  In the case of unpaid special assessments, a proposed redistribution of such unpaid special assessments must meet the city's requirements and be acceptable to the City Clerk and Public Works Director.

Motion carried unanimously.                                                                                             (19)

Jeanne Ellermeier, 2529 Arkansas, Indian Neighborhood Association, had a concern about safety at the intersection of 27^th and Iowa Streets.  She asked the City Commission to give the Indian Neighborhood Association additional time to talk with KDOT concerning the redesigned of 27^th and Iowa.   With KDOT’s proposal for 27^th Street, they felt it encouraged more traffic flow to Louisiana, Alabama and 27^th Street.    

Robert Hagan, 926 West 28^th Terrace, said in addition to traffic flow on these major streets, there were concerns with traffic on connecting streets.  He said 27^th Street was a straight cut-through for vehicles to speed and posed a potential safety threat to the neighborhood.  Hagan said a single left turn lane might accomplish the same results as two left turn lanes and not provide such an attractive cut-through.  Another measure would be to monitor traffic before the redesign was in place.  He suggested traffic calming measures might be necessary.

Mike Wildgen, City Manager said the intersection at 27^th and Iowa was a high accident intersection and the project was designed to eliminate accidents.  The two left turn lanes were proposed to recognize the existing capacity.  He said the frontage roads were close to the intersection and one turn lane prevented people from getting in and out of their businesses further west. 

Moved by Dunfield, seconded by Hack, to defer for one week, the construction engineering agreement with TranSystems for 27^th and Iowa to allow for the neighborhood to meet with KDOT concerning a different configuration for the intersection.   Motion carried unanimously.                                                                                                                                      (20)

Mike Wildgen, City Manager, informed the City Commission there were approximately eighty (80) properties registered for non-conforming use.                                                                (21)

Mayor Rundle called a public hearing on the City 2002 Budget.

Pat Kehde, 1636 Learnard, said she has lived on Learnard Street for twenty (20) years.  In the past, when the City Commission discussed the Capital Improvement Plan, the issues of curbing and guttering for Learnard were discussed.   The neighborhood opposed curbing and guttering because of the streets natural traffic calming effect, the esthetics of the neighborhood and the safety factor.  She had a concern about Learnard Street being on the 2002 Budget.

Carey Maynard Moody, 1645 Barker, asked the City Commission for the creation of an Environmental Planning Division which would be part of the City Planning Department.  There had been several groups created to deal with growth like ECO2 and the Alliance for the Conservation of Open Space.  Both groups shared a vision for the future of Lawrence and Douglas County.  They addressed the economic health of the community as well as the quality of life associated with securing open space.  They had spent hours as a volunteer grass root group.  The overwhelming need for professional help could be used in the future to maintain quality of life that was associated with economic development and open space conservation.  In her research, there were several communities like Lawrence that had come to the conclusion that an Environmental Planning Division was needed.  Two of those communities were Bloomington, Indiana and Boulder, Colorado.  Taxpayers in both communities were hungry for open space and approved a General Obligation Bond which helped support the establishment of the Office of Environmental Planning and the continuation of their work.  Some advantages would be to ensure that development does not run into unforeseen environmental problems and it would help local business with their EPA and KDHE Compliance.   She said an Environmental Planning Commission could collaborate with a Citizen Advisory Committee and the Lawrence Bicycle and Pedestrian Unit to design and implement such land use.  This person would work on behalf of all citizens to ensure continued growth in our community and County in a way that enhances rather than detracts from the environmental quality.           

Rundle asked Moody for information on the population of those communities, how many people it would take to run the department, what their duties were and any other pertinent information.

James A Stokes Jr., 4517 Turnberry Drive, had concerns about the increase in utilities and property tax.  He commended the City Commissioners from previous years in keeping the mill levy constant. He asked the City Commission to keep the mill levy steady and give thought to retired citizens concerning utility rates. 

Breeze Luetke-Stahlman asked the City Commission for funding for an outside agency on the City Budget.  She said they had co-incorporated a new not-for-profit Youth Hostel Organization in Lawrence.  The mission statement of the Hostel was to provide low cost accommodation for travelers with special attention to people under 25 years of age, encouraging self education through travels, provide educational programming about important local, national and international issues as well as personal development through workshop opportunities, lectures and program retreats, and foster awareness in action and personal growth, self discipline and self reliance.  Their initial funding came from the University of Kansas Student Senate.  Luetke-Stahlman had been working with a realtor to find a suitable facility in Lawrence.  She asked the City Commission for funding of $25,000.00 to get the project underway.

Rundle asked if it was typical for Hostels to be non-profit.

Luetke-Stahlman said Hostels could be both profit or non-profit.  She decided, based on her work with in the industry and communications, that they would be non-profit.

Henry asked if this was a one time request.

Luetke-Stahlman said “yes.”  Unlike many other non-profit organizations the Hostel would largely be able to sustain itself through programming and accommodation fees. 

Barbara Clark, 2050 East 1550 Road, representing the Lawrence Farmers Market, asked the City Commission to consider improvements to the Lawrence Farmers Market, to be placed on the 2002 Budget with a 50/50 partnership with Douglas County.  The proposed site would be located at the parking lot of the 800 Block of New Hampshire.  There were several positive aspects the Farmers Market would bring to Downtown Lawrence.  The market would be an economic boom to the Central Downtown Business District by drawing 2000 visitors to the Downtown area on Saturday’s.  Clark said they had gone through formal submission requesting from the County, a 50/50 split.  She said they had support from Downtown Lawrence Inc., City staff and the East Lawrence Neighborhood Association.  The ability for the Farmers market to expand and grow was keeping with the culture and identity of Lawrence.    

Rundle asked about the cost estimate of the project.

Clark said the original cost estimate a year ago was $284,000.00.  Because of the increased cost in building materials, they were looking at $350,000.00 for the total cost of the project. 

Dunfield asked if they had looked into the Douglas County Law Enforcement Parking Lot that was discussed previously as an alternative site.

Clark said the lot had a large number of City and County cars that were parked on a twenty-four (24) hour seven (7) day a week basis.  She said it was a larger lot, but it was utilized on a more continued basis than the 800 block of New Hampshire. 

The City Commission concurred to receive public comment and recommendations for the City 202 Budget.                                                                                                                         (22)

Rundle said he was interested in the Youth Hostel as a profit venture.  He asked not to be part of the discussion concerning Youth Hostels.

Mark Kaplan, Administrator, Hobbs Park Memorial Fund, presented the request for additional City of Lawrence funds for the Hobbs Park Memorial Project.  All of the debt incurred was in cost over-runs.  They were approximately eighty percent (80%) complete with the project.  Once the site was completed, they would spend $250,000.00 to restore the exterior of the house and the grounds around the building.  They were requesting $32,000.00 to complete the monument at 10^th and Delaware in addition to the $30,000.00 that was granted last year which has approximately $13,000.00 remaining in Public Works.  When the project was completed, they planned an hour-long dedication ceremony, scheduled for 5 p.m., Sunday, August 19, 2001, during the City’s annual program for Civil War on the Western Frontier.    Another action needed was for Mayor Rundle to sign a letter which officially request Congressman Moore to ask the U.S. House of  Representatives for this earmark to secure $100,000.00 in Federal Funds from Congress.

Rundle said there was national and local interest and thought it was a worthy project in the area of Civil War History.

Hack commended Kaplan and his co-workers for taking on the project. 

Dunfield said most of us have some awareness and take pride in Lawrence’s national history.  One of the things that was certainly true of Lawrence was it was hard to point people to historic sites which he commended Kaplan’s effort in that direction.  He said it ties in with the 150^th Anniversary of the Sesquencennential.

Moved by Dunfield, seconded by Hack, to approve the request for additional funding in the amount of $32,000.00 for the Hobbs Park Memorial Project and to proceed with the letter to Congressman Moore.  Motion carried unanimously.                                                                    (23)

            Mayor Rundle expressed a concern about staff and the Board of Plumbers and Gas Fitter’s Examiners conflict on inspection activities.  Their efforts would succeed if they focused on the problems and not on the individuals involved.  The Plumbing Board had a difference of opinion with staff’s interpretation of the code.   Rundle said the Building Inspection Department has one of most difficult jobs in our City and needed good direction and full support from the City Commission.  With respect to general issues of Building Inspection and code enforcement, he heard from general stake holders that were in unanimous agreement on the goal of moving forward towards a common ground understanding the City’s building codes and a consistent application for enforcement.  With the retirement of a number of senior staff, he did not think it was appropriate to spend time on the general topic.  He said we needed to give the new staff adequate time to take on the challenge of bringing this department into the future.  The primary concern were three matters of code interpretation.

          Joseph Rantner, 412 Sierra Drive, Board of Plumbers and Gas Fitter’s Examiners, thanked City staff for their willingness to listen to the Board when they had questions or complaints.  The most recent complaint concerned the Marriott Hotel.  He said they found violations of the City Code and contacted City staff.  City staff and the Plumbing Board had differences of opinion on the interpretation and implementation of the Plumbing Code. The Plumbing Board unanimously disagreed on three items which were:

1.                  1.                                 Copper tubing going through a concrete floor does not require protection from the abrasive concrete.

2.                  Two-hole strap may support vertical copper tubing.    

3.                  Laying cast iron pipe on a ceiling grid and using rebar to hang cast iron pipe may be accepted for remodel projects.       

            He presented pictures to the City Commission that substantiated their allegations.  Also presented was a fax from the CDA (Copper Development Association Inc.) which was a business that designed and produced copper piping.  This fax specifically addressed one of the concerns of the Plumbing Board which was copper piping going through concrete flooring.  The CDA recommended the copper should be protected from any abrasive material such as concrete or steel.  As copper piping gets warm or hot, it starts to expand and travel up and down which could potentially penetrate the copper piping if touching anything abrasive.  The City’s response was all holes were core drilled and showed a clearance of a half-inch space around the pipe.  He said these concerns were not to attack anyone individually, but a disagreement between the Plumbing Board and City staff.  He wanted to keep the discussion professional and whatever the outcome, he was willing to go with that decision.   As a Plumbing Board, the proper authorities needed to be notified because they did not agree with the City’s response.

            Rundle asked to see the pictures showing the copper piping going through concrete.

            Rantner said the pictures showed where the contractor went through the metal decking.  He said they had drilled a hole not large enough to sustain a half-inch clearance around the pipe which was required by code.  The copper was touching the concrete and in some places, the metal decking.  Another disagreement was the pipe lying on the ceiling grate which the Plumbing Board felt the code was intended to prevent this.  They did not feel it was an adequate way to support the pipe.                             

            Rundle acknowledged the challenges people in this trade faced.

            Hack asked if the code specifically asked for the ½ inch clearance around the pipe.

            Rantner said “yes.”  He said the Plumbing Board realized the Marriott project was so far along, but was concerned about future application and if the City Commission allowed these minimum standards, it would allow other craftsmen to do the same type of work and lower the quality of buildings.   Another contention was how to strap piping in place.   The City contended that a two-hole strap was enough support for the dead weight of the pipe while the Plumbing Board unanimously decided that a riser clamp that raps around the pipe and sits on the concrete would hold the pipe. 

            Dunfield asked Rantner if the manufacturer recommended the two-hole strap for this purpose.

            Rantner said the manufacturer would not recommend the two-hole strap one way or another. He said the two-hole strap had never been tested for weight support and was not registered with ANSI

            Rundle asked about the ANSI approval process and how it related to code.

            Rantner said if there was a question about the UPC, ANSI would refer you to the manufacturers recommendation.      

            Rundle asked if they had similar documentation for pipe resting on the ceiling grid.

            Rantner said “no.”  It was a unanimous decision of the Plumbing Board that piping resting on the ceiling grid was not acceptable.  Rantner said he had invited a member of the Interpretation Committee for IAPMO.

            Rundle asked how the code writers related to controversial issues.

            Rantner said IAPMO had an appeals process which took approximately 30 days to get a response and was the reason why he invited a member of the Interpretations Committee for IAPMO to give his personal opinion.                          

            Bruce Pfeiffer, Senior Plumbing Inspector, City of Topeka, member of the Interpretations Committee for IAPMO presented the City Commission with volumes of information used to interpret the code which included ANSI and Manufacturers Standards and not just the Uniform Plumbing Code to interpret codes. The interpretation’s committee consisted of five (5) members, four (4) of which were usually Master Plumbers and Chief Inspectors for their Cities and one (1) practicing Engineer.  Pfeiffer told the City Commission that he was going to give his personal interpretation and not an official interpretation from IAPMO concerning the three (3) issues.    He presented the City Commission with a packet of information.  His interpretation for the first issue was piping did not require a sleeve through the floor, but could not be imbedded directly into concrete and needed to meet fire protection standards.    The second issue concerned two-hole straps.  He said riser clamps were needed to support vertical copper tubing and not the two-hole straps.   The third issue concerned piping on ceiling grid.  He said hangers were needed to support cast iron piping on existing ceiling grid.

            Dunfield said as an architect, he had a similar situations with the UBC and the process described for an interpretation from IAPMO.  He asked Pfeiffer if the City Commission agreed to resolve this matter of interpretation for future projects, would asking all three of these questions to the Board and getting a formal interpretation, be the method he would recommend.

            Pfeiffer said “yes”           

            Rundle asked Pfeiffer to describe to the City Commission, when a board makes a ruling what was the next step.

            Pfeiffer said if there was a problem between a contractor and City staff as far as interpretation, it would go to the Plumbing Board.  The Plumbing Board would then determine who was right and could amend the section of the code for a specific situation, but would seek an interpretation from IAPMO for future use. 

            Rundle asked if the City Commission agreed to support staff’s recommendation which resulted in future problems for the Marriott, could there be a lawsuit.

            Pfeiffer said there was a possibility that a lawsuit could occur.

            Mike Wildgen, City Manager, asked Pfeiffer if he agreed with the Plumbing Board or City staff’s interpretation.

            Pfeiffer said what he was telling the City Commission was required by code and would depend on the manufacturers specifications.

            Rantner reiterated that the CDA (Copper Development Association) did require a sleeve for protection from the concrete and told the City Commission they could review a tape on this issue.

            Ken Kristenson, Midwestern Representative for IAPMO (International Association of Plumbing and Mechanical Officials), said he wondered why interpretation of these issues had never been resolved in the past.   He had been in code work in all areas of building for approximately 39 years.  He sited Chapter 3.13.7 that stated, “All pipe penetrating floor/ceiling assemblies and fire-resistant rated walls or partitions shall be protected in accordance with the requirements of the Building Code.”  Accordingly, there would be no question about how big the hole had to be. The hole would be predicated by the manufacturer who would dictate how big the hole would be and the type of material that needed to be used to fill the annular cavity. 

            Gary Unfred, Master Plumber, said he considered himself a craftsman and had built history in this town.   He had a concern about enforcement, quality of workmanship and safety and asked the City Commission to give the Plumbing Board the authority to manage, interpret and enforce the Plumbing Code as written.   

            Mike Capra, Vito’s Plumbing, concurred with Unfred concerning the enforcement and quality of workmanship.  Capra said he has asked the Code Enforcement Department to enforce the codes for over a year.  The main reason this issue has been brought to the City Commission was because the contractor had used plastic zip-ties to support waterlines.  He said there was not appropriate space around the pipe and it was not core drilled, but hammer drilled.  The pipe was sitting against the concrete and metal decking.  This would penetrate the pipe causing leakage on the sheetrock ceilings.  The Plumbing Board was asking for the code to be enforced and these problems be fixed because as a contractor, he felt there was not a level playing field.  Code Enforcement was defending plastic zip-ties and copper two-hole straps and he could not bid against these types of practices.  He recommended to the City Commission that a stop order be issued until all problems had been resolved.

            Rundle asked about the difference between core drilled and hammer drilled.

            Capra said core drilling was a diamond-head drill bit that drills through concrete using water which makes a neat and precise hole.   A hammer drill was a bit that punches through the metal deck and did not make a neat hole.  The metal would physically need to be bent out of the way when drilling the hole.  He also had a concern about the two-hole straps being soldered to the pipe which would not allow expansion or contraction of the pipe.  If a riser clamp were used, the pipe would allow for expansion or contraction.  He recommended to the City Commission that a stop order be issued until all problems had been resolved.

                Curt Kastl, 4920 Legends Drive, Vice President, Kastl Plumbing Co., contractor for the Marriott Hotel, said they were proud of their workmanship.  They have been under attack by uninvited guest and had created a situation where unfinished work was inspected and wrote up as a violation.  They were in the process of doing the work for the Marriott when the Plumbing Board walked through.  The Plumbing Board had written nine (9) violations with the majority of the violations being work that was in progress and not completed.  Kastl said the plastic zip ties were a temporary and were removed and replaced by another method.  The Inspection Department along with their own system was used for quality control.  The holes penetrated for waterlines were drilled and whether the hole was core or hammer drilled did not matter.   In both situations the metal deck would be punched through.  The pipe had annular space around it to install insulation which kept the pipe from rubbing against the sides.   He said there was only a distance of 15 feet of pipe to support.   The CDA (Copper Development Association) was given incorrect information concerning the project.  There were no code violations when inspected by an engineer and an outside specialist from NAPH (National Association of Plumbing, Heating and Cooling).  He said if you look at the inspections report, they had been scrutinized more than any job in this City in the last (5) months.  He said the City Commission was not being properly informed.  They had been inspected and re-inspected numerous times. 

            Rundle asked how much of the project was dry walled over before the final inspection.

            Kastl said the final inspection has not been done.  

            Victor Torres, Neighborhood Resource Director, said there were at one point a total of nine (9) Building Code violations.  They had notified the Plumbing Contractor and all of those violations were corrected to the satisfaction of staff.  Concerning the copper tubing going through a concrete floor, the holes were core drilled and there was proper fire calking material in that annular space throughout the building.  He had contacted Robert Shepherd, Director of IAPMO by e-mail and described the situation and Shepherd supported staff’s position in the matter.   The next item was the use of a two (2) hole strap for support of vertical copper tubing.  He said as Kastl pointed out, it was fifteen (15) foot of waterline.  He said Building Inspection’s position was to determine if the application was the correct process.  They contacted the Engineer for the Marriott Hotel Project, Ron Olsen, concerning the two (2) hole strap.  Olsen said “In his opinion the use of the two (2) hole strap soldered to the piping and fastened to the structure through the wood blocking was in conformance with Section 314.0 of the Uniform Plumbing code for vertical copper water piping.  The claim of the cast iron piping resting on the existing ceiling grid had been inspected and it met the standard of the Uniform Plumbing Code.  A report submitted from the architect had inspected the cast iron piping and supported City staff.  He said as far as Code Enforcement of the Department, these issues had been addressed.

            Barry Walthall, Inspection Supervisor, said he spent many hours inspecting the Marriott Hotel and believed the building met code.  There were hangers throughout the building and was supported on both sides of each band that connects the joints of the pipe.  There was annular spacing around the pipe and was properly fire stopped.  There was not enough weight on the two-hole straps to cause it to fail.  He believed the structure was functional, safe and code compliant.   

            Rundle had a concern about who had the authority of interpretation of the code.

            David Corliss, Assistant City Manager, said the Plumbing Board Code of Appeals and Examiners only had authority that was given to them by the code.  No Board had authority over Building Inspection.  If a contractor had a complaint about how the inspection staff interpreted a regulation, the contractor could appeal to the Board.  Corliss did not think the code gave the authority of one contractor to appeal the work of another contractor.

            Rundle said he was still confused on the interpretation issues and had contacted other City’s concerning these issues.  He had the impression that if a board makes a ruling on a question of interpretation, that was what stood.  

            Corliss said in this situation there has been no appeal.  There has been no contractor or property owner that has disagreed with the Inspection Division interpretation of the code.  It has been the Plumbing Board or outside persons. 

            Rundle said a lot of our enforcement was complaint based.

            Corliss said he would not view the enforcement of the plumbing, electrical and mechanical code as complaint based, but as a regime of pulling a permit, inspecting at times, inspecting for final occupancy and allowing occupancy based on code compliance.  If the applicant has a dispute as to whether or not there were interpretation issues by the Administrative Authority, then they would appeal to the appropriate board saying they disagreed with the inspector’s interpretation of the code and would like the board to be the referee between staff and the applicant’s interpretation. 

            Rundle asked Torres how the City utilized the National Code Boards.

            The process that was followed by the inspection department was no different then any other City.         

            Amy Herren, a Lawrence resident, had a concern about the safety of the building.

            Josef Rantner asked the City Commission if a member of the Plumbing Board could be invited to attend the final inspection.

            Rundle had a concern about outside contractor’s being involved in final inspections.  He did not want to make it a precedent that this was a standard procedure.   The City Commission needed to give direction to staff to have good procedures.  It would be up to the applicant to invite a Plumbing Board Member to the final inspection.  

            Robert Casad said the City Commission had been informed the Boards of Appeals was not the final authority.  He said if you look through the Kansas Court of Appeals rulings, you would find dozens of cases where someone has been denied a permit.    

            Henry asked about the inspection schedule process.

            Walthall said there was no regular schedule for inspections.  The inspections were based on the sequence of events when building the structure.  He said at the present time, they had inspected the Marriott approximately eighty (80) times.  

            Henry asked if during this project were the interior walls sheet rocked before inspection took place.

            Walthall said that some of the sheet rock from the interior walls was removed to conduct re-inspections on some of the nine (9) original violations.

            Dunfield concurred with City Inspector’s approval of the plumbing for the Marriott.  He said they needed to move forward and make sure they had a level playing field and that everyone understood the rules as well as possible.  He recommended a third party view of some of these issues.  The City Commission needed to give staff adequate support.  A lot of the problem was the City Inspectors workload because of a transitional period.  

            Hack concurred with Dunfield.

            Henry had a concern about the dialogue between the Inspection Division and the Plumbing Board.  He said it needed to be a cooperative effort to understand every phase of a project.

            Rundle asked that during budgeting time that staffing of Building Inspection and Code Enforcement be addressed.

            Moved by Dunfield, seconded by Henry, to concur with staff’s recommendation and direct staff to ask for a ruling by the International Association of Plumbing and Mechanical Officials for use of two (2) hole straps to support vertical copper tubing in this type of situation and the laying of cast iron pipe on the existing ceiling grid and using rebar to hang cast iron pipe as used in this situation.  Motion carried unanimously.                                                         (23)

            Henry informed the City Commission the Tax Abatement Committee and Economic Development Incentives would meet June 11, 2001 at 11:00 a.m.

            Marie Stockett supported Mayor Rundle’s attempts to include more diversity on the Planning Commission.  She mentioned that a large portion of the Lawrence Community was concerned about the growth of Lawrence.

            Robert Casad had a concern about conflict of interest in City Government.  He suggested an initiation that would reduce any conflict of interest especially on the Planning Commission.      

            Carol Bowen, 403 Dakota, introduced a proposal concerning a Watershed Management Plan to the City Commission.        

Moved by Dunfield, seconded by Henry, to adjourn at 9:58 p.m.   Motion carried unanimously.                                                           

 

 

 

                                                                        APPROVED:

                                                                        _____________________________

Mike Rundle, Mayor

ATTEST:

 

___________________________________                                                                        

Diane Trybom, Deputy City Clerk

COMMISSION MEETING JUNE 5, 2001

1.                  Resolution No. 6313 – US Dept of Interior to approve R-O-W for 23^rd & Barker traffic signal improvements.

2.                  Resolution No. 6314 – Issue bonds for $200,000 for 6^th & Lawrence Ave, Clinton Pkwy & Lawrence Ave, Mass & 6^th & Kentucky.

3.                  Resolution No. 6315 – KDOT for N Mich street improvements, State 80% & City 20% for cost.

4.                  Resolution No. 6316 – Issue bonds for $250,000, milling & overlay for 23^rd, from Iowa to Kentucky Ct, & Iowa from 31^st & 33^rd, KDOT paying 200,000, set bid date for June 19, 2001.

5.                   Ordinance No. 7359 – 2^nd Reading, Franchise Agreement with WorldNet for phone svc.

6.                  Ordinance No. 7337 – 2^nd Reading, Max special assessment, Comet Ln, 6^th to 7^th.

7.                  Ordinance No. 7355 – 2^nd Reading, Max special assessment, 7^th, Comet Ln to Monterey Way.

8.                  Site Plan – (SP-05-23-01) 1023 Kentucky, office/residential use. 

9.                  Final Plat – (PF-04-10-01) Central National Bank, 4.928 acres, SW corner of E 23^rd (K-10) & Harper.

10.              Final Plat – (PF-04-11-01) Lawrence Municipal Airport Addition, 25.5 acres, NE of US 24/40 & E 1550 Rd.

11.              Final Plat – (RP-04-03-01) McInroy Subdivision, 18,000 sq. ft., NE corner of N 8^th & Locust St. 841 & 847 Locust.

12.              Final Plat – (PF-04-12-01) Crosswinds East, 3.916 acres,  E of Silicon & N of E 23^rd.

13.              Final Plat – (PF-04-13-01) Lawrence’s Kritos Addition, .856 acres, E side of Neider Rd, S of DG Cnty Bank, 3110 Neider Rd.

14.              Final Plat – (PF-04-14-01) Advanced Glass, .747 acres, 1705 Haskell Ave.

15.              Final Plat – (PF-10-39-00) Wood Addition, .253 acres, junction of N 2^nd & N 3^rd in N Lawrence.

16.              Signage – R-O-W for Sunflower State Games.

17.              Variance – 1 meter at clubhouse for Parkway Commons Development.

18.              Supplemental Engineering Contract – N Michigan, Riverridge to W 2^nd to TranSystems for $165,772.

19.              Construction Engineering Contract – 27^th & Iowa, Geometric & Traffic Signals to TranSystems for $98,790.05, State 90% & City 10% of cost. 

20.              Construction Engineering Contract – Barker Ave, Geometric & Traffic Signals to TranSystems for $84,154.81, State 90% & City 10% of cost.

21.              City 2002 Budge hearing.

22.              Additional City Funds – Hobbs Park Memorial Project.

23.              Board of Plumbers & Gas Fitter’s Examiner’s concerns on inspection activities.