June 26, 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.
With Commission approval Mayor Rundle, hereby recognized and thanked Raymond Hummert, Administrative Service Director/City Clerk, for his years of commitment and service to the City of Lawrence and extended to him best wishes for accepting the position of City Administrator in Merriam, Kansas.
As part of the consent agenda, it was moved by Henry, seconded by Dunfield, to approve the City Commission meeting minutes of June 12, 2001 and June 19, 2001. Motion carried unanimously.
As part of the consent agenda, it was moved by Henry, seconded by Dunfield, to approve the Lawrence Public Library Board meeting minutes of April 18, 2001 and May 31, 2001; the Convention Visitor’s Bureau Advisory Board meeting minutes of April 25, 2001; the Aviation Advisory Board meeting minutes of April 5, 2001 and May 10, 2001; the Recycling and Resource Conservation Advisory Board meeting minutes of May 9, 2001; and, the Sister Cities Advisory Board meeting minutes of May 9, 2001. . Motion carried unanimously.
As part of the consent agenda, it was moved by Henry, seconded by Dunfield, to approve claims in the amount of $1,125,723.40. Motion carried unanimously.
As part of the consent agenda, it was moved by Henry, seconded by Dunfield, to approve the Drinking Establishment License for Jefferson’s Restaurant, 743 Massachusetts; Red Lyon Tavern, 944 Massachusetts; Panda Garden, 1500 West 6th Street; and, KoKoRo Japanese Sushi & Steakhouse, 601 Kasold Dr., D-102-103. Motion carried unanimously.
As part of the consent agenda, it was moved by Henry, seconded by Dunfield, to approve the change order for the Southeast Sanitary Sewer Pump Station Project with Garney Construction in the amount of $22,964.52. Motion carried unanimously.
The City Commission reviewed the bids for the 23rd Street, Iowa to Kentucky Court and Iowa, 31st to 33rd, Milling, Overlay, Pavement Marking for Public Works. The bids were:
BIDDER BID AMOUNT
Engineer’s Estimate $494,590.60
LRM Industries, Inc. $485,135.51
As part of the consent agenda, it was moved by Henry, seconded by Dunfield, to award the bid to LRM Industries, Inc., in the amount of $485,135.51. Motion carried unanimously.
The City Commission reviewed the bids for the Lawrence Public Library Automatic Door Project. The bids were:
BIDDER BASE BID ALTERNATE BID 1
Edelman-Lyon Co. $36,000.00 $1,200.00
Kennedy Glass $33,963.00 $ 850.00
As part of the consent agenda, it was moved by Henry, seconded by Dunfield, to award the bid for the Lawrence Public Library Automatic Door Project to Kennedy Glass, in the amount of $33,963.00. Motion carried unanimously.
As part of the consent agenda, it was moved by Henry, seconded by Dunfield, to place on 1st Reading Ordinance No. 7369/County Resolution, amending the Comprehensive Land Use Plan “Horizon 2020” pursuant to K.S.A 12-747, by adopting a text amendment pertaining to health services. Motion carried unanimously. (1)
As part of the consent agenda, it was moved by Henry, seconded by Dunfield, to place on 1st Reading Ordinance No. 7370/County Resolution, amending the Comprehensive Land Use Plan “Horizon 2020” pursuant to K.S.A. 12-747, by adopting text amendments updating the population projections contained in Chapter Two – summary of background studies of “Horizon 2020.” Motion carried unanimously (2)
As part of the consent agenda, it was moved by Henry, seconded by Dunfield, to place on 1st Reading Ordinance No. 7371, annexing approximately 3.2 acres of City owned property, adjacent to the City’s Wastewater Treatment Plant. Motion carried unanimously. (3)
As part of the consent agenda, it was moved by Henry, seconded by Dunfield, to place on 1st Reading Ordinance No. 7372, amending the City’s sign code and sign enforcement laws (authorized by City Commission on May 15, 2001, 3-2.) Motion carried unanimously. (4)
As part of the consent agenda, it was moved by Henry, seconded by Dunfield, to table for two weeks Ordinance No. 7373, adopting stormwater pollution prevention regulations. Motion carried unanimously. (5)
As part of the consent agenda, it was moved by Henry, seconded by Dunfield, to place on 1st Reading Ordinance No. 7374, rezoning [Z-12-53-00] approximately 3.5 acres from POD-2 (Planned Office Development) to PRD-2 (Planned Residential Development), located northeast of the intersection of Folks Rd. and Overland Drive, north of Heritage Baptist Church. Motion carried unanimously. (6)
As part of the consent agenda, it was moved by Henry, seconded by Dunfield, to place on 1st Reading Ordinance No. 7375, rezoning [Z-04-18-01] approximately .52 acre from RO-2 (Residence-Office District) to O-1 (Office District), located on the northwest corner of E. 19th Street and Haskell Avenue. Motion carried unanimously. (7)
Ordinance No. 7365, allowing for the towing of vehicles illegally parked in tow away zones, was read a second time.
As part of the consent agenda, it was moved by Henry, seconded by Dunfield, to adopt the ordinance. Aye: Dunfield, Hack, Henry, Kennedy, and Rundle. Nay: None. Motion carried unanimously. (8)
Ordinance No. 7366, establishing “no parking’ along the north side of Freedom Creek Drive, was read a second time.
As part of the consent agenda, it was moved by Henry, seconded by Dunfield, to adopt the ordinance. Aye: Dunfield, Hack, Henry, Kennedy, and Rundle. Nay: None. Motion carried unanimously. (9)
Ordinance No. 7367, allowing parking along the west side of Inverness Drive between Anthony Michael Drive and Cedar Ridge Court; and along the east/north side of Inverness Drive between Oak Tree Drive and Williamsburg Place, was read a second time.
As part of the consent agenda, it was moved by Henry, seconded by Dunfield, to adopt the ordinance. Aye: Dunfield, Hack, Henry, Kennedy, and Rundle. Nay: None. Motion carried unanimously. (10)
As part of the consent agenda, it was moved by Henry, seconded by Dunfield, to adopt Resolution No. 6322, authorizing the Mayor to sign the application for the 2001 Emergency Shelter Grant from the City to the State of Kansas. Motion carried unanimously. (11)
As part of the consent agenda, it was moved by Henry, seconded by Dunfield, to declare two pickup trucks to be used by Bert Nash YESS Program and one motor grader to be sold at auction as surplus property from the Public Works Department. Motion carried unanimously. (12)
Mike Wildgen, City Manager, said the City of Lawrence was a recipient of a $2,500.00 grant from The Great American Station Foundation. The original request was for $15,000.00, but the foundation was reluctant to award the requested amount because the City of Lawrence did not control the Santa Fe Depot. The Great American Station Foundation encouraged the City to reapply after gaining control of the Depot. (13)
Mike Wildgen, City Manager, said the Regional Solid Waste Management Plan (County-wide Plan) was scheduled for review. In 1996, former Commissioner Jo Anderson-Abbott was on the planning committee. He said Charles Jones was representing the County and encouraged that a City Commissioner be appointed to represent the City of Lawrence. Mayor Rundle volunteered to be the representative for the City. (14)
Kyle Mieras, Planner, presented the staff report concerning Annexation Ordinance No 7343 and Rezoning Ordinance No. 7344, related to Bismarck Gardens Subdivision No. 2 which was tabled on second reading at the April 24, 2001, City Commission Meeting. The City Commission, at that time, directed the applicant to gather information regarding the potential impact of this development’s stormwater run-off into Clark’s Pond. One concern was the run-off from the Bismarck Gardens No. 2 Subdivision could possibly carry herbicides and pesticides used to treat residential lawns and that these pollutants would reach neighboring drinking water wells. On May 9, 2001, Richard Ziesenis, Director of Environmental Health, and John Chaney collected water samples from five wells and two ponds adjacent to the proposed development. Also on the agenda was the Final Plat for Bismarck Gardens Subdivision No. 2. The Planning Commission has forwarded a recommendation for acceptance of easements and dedication of right-of-way.
Jane Eldredge, representing the applicant, said the City Commission requested a Preliminary Plat map in September when the annexation and rezoning had originally been deferred because of a storm water drainage problem which needed to be addressed with the annexation and rezoning of this area. The area in question for annexation and rezoning was a five-acre tract on the north side of North Street which was a portion of the Final Plat. Eldredge said the water drainage problem should have been addressed immediately after Bismarck Gardens No. 1 had been built. The original idea was that Tract A be a detention area, but with the guidance of Voigt, City Stormwater Engineer, the detention area was abandoned and a drainage easement was put in through the area to be annexed to Clark’s pond. The Stormwater Detention Plan solved some existing problems as well as provided for run-off from these large lots to the north of North Street. The residents from the area raised the question about contamination in their wells because Clark’s Pond was a pond that was formed from the 1903 flood. She said water might be traveling between Clark’s Pond and the water table, so there might be an interchange between well water and Clark’s Pond. In the testing, the Health Department indicated the five wells and Clark’s Pond were healthy. She said Chaney had asked for permission from fifteen well owners in the area to do testing in which five of the owners allowed the testing. Those five wells showed good well water. She said Chaney proposed to monitor the run-off from this development by testing the water in the drainage area which would be done by collecting run-off from the area to be annexed and the area that was already a part of the City. In discussing this issue with City staff, the applicant would initiate a proposal which consisted of water testing once in the spring and fall because that was the time most people used lawn chemicals. If the applicant did not have any problems within a five-year period, they would continue to monitor twice a year for another five-years which would be paid for by the applicant. They did not believe there would be any significant increase in chemicals, but if they did find problems when monitoring, the applicant has agreed to provide a dam going into the pond with a filter system that would screen out chemicals. She said the only way they could get started on this project was to do the annexation and rezoning.
Ted Boyle, President, North Lawrence Improvement Association, said the established residents of North Lawrence had two concerns. The first concern was the stormwater run-off and the second concern was the pollution of the water table under North Lawrence. North Lawrence currently had a problem with former FMC and did not need another problem where storm drainage was drained into a water table. Individuals that had studied this problem did not know the effects of the storm water drainage into this pond. He understood in five to seven years, in the Capital Improvement Plan, there were plans for street and the storm drainage repairs. Boyle said in the mean time, he was told something would be done this summer to temporarily ease the flooding problems along North Street.
Peggy Wright, resident of North Lawrence, said she supported the approval of the development. She lived at the corner of North Street and was closest to the swamp created by the applicant bringing in dirt. This was a health hazard and eyesore. She said the applicant was the last one to know about the problem and has attempted to correct the situation.
Dorothy Thompson said Richard Ziesenis, Director of Environmental Health, was asked to collect well and pond water samples in the area adjacent to the proposed subdivision for testing and his opinion should be respected. Ziesenis said this area, in his opinion, would have a greater probability of ground water contamination then most other areas of Douglas County and had no concrete opinion as an expert. She said Morgan Powell, Professional Engineer, Water Quality Division of Kansas State University, concurred with Ziesenis and had no concrete evidence to predict whether the applicant’s proposed subdivision could affect or contaminate the groundwater tables or private wells within this area.
Virginia Clark, owner of the Clark Pond, said the pond was formed by the 1951 Flood, at that time, it was a hog and cattle farm and waste from these animals were going into the pond and water table. In the 1993 flood, the pond was polluted due to septic tanks and feedlots underwater. When the pump station was built, the pond drained quickly. Clark said the pond has been polluted in the past with animal waste and floodwater and has managed to clean itself. She said this small of a development would not make a difference.
Natalya Lowther, 1480 N 1700 Road, said she lived on the lowest point between the pump station and downstream from Clark’s Pond. She was concerned about discussion with the applicant increasing the capacity of Clark’s Pond to slow down excess water coming down on her property and whether or not it was being addressed. This small development would not have much impact on the neighborhood, but she did not want this to become an open door to more development. She liked the rural character of her neighborhood and wanted to keep the neighborhood as undeveloped as possible. At some point, she said her right to run a farm business on her property would probably be impinged upon and it was important for the City Commission to begin thinking about how to keep this from happening. She reiterated this development would not have much affect on the situation, but was one more drop in the bucket.
Rundle asked Lowther if the water on her property flowed towards the pond.
Lowther said her property was located approximately north of 5th Street. Water comes down between two other parcels of land east and would flow north of her property before going into Maple Grove Tributary. From Maple Grove Tributary, the water would flow southwest and then was pumped out through the pump station. In the event of any problem with the pump station, there was potential for huge amounts of water to backup on her property which would look like a default detention pond for stormwater. The City needed to think in terms of drainage rights. She asked the City Commission to look at this particular situation as a turning point and start thinking in terms for future developments which would require permeable paving in sensitive areas instead of concrete. She suggested channeling run-off into a water system that could be used for flushing toilets and then sending that water down to the sewer, which would reduce the demand on a fresh water system in sensitive areas of development.
Rundle asked about the large drainage area that led to Highway 24/40.
Chad Voigt, Stormwater Engineer, said the pond could be 200 to 300 acres in the watershed.
Rundle said he would vote in favor of the development.
Kennedy said when the City Commission tabled this development the first time, there was a water quality issue raised and the applicant needed to take a look at this development to ensure the quality of the water was going to be maintained in existing wells in the area. Providing affordable lots for future homebuyers was important. He supported the development.
Hack said there has been lack of communication in the past, but in this instance, she commended the applicant because he had tried hard to communicate this situation. She said the question of contamination of the wells had been answered to her satisfaction and intended to support the project.
Henry commended the applicant for volunteering additional well and pond water testing.
Dunfield said it was important to remember the extraordinary steps the applicant has gone through to make this development work. He concurred with the comments made concerning the need to reevaluate development in North Lawrence in floodplain areas. Dunfield said it might be a time to bring up the issue of a moratorium. In this situation, the right kind of condition in imposing a moratorium, namely the issues of floodplain development, needed discussion and amendment of regulations for floodplain development. These issues needed to be addressed soon and were legitimate cause to put a moratorium on the development.
Henry asked if increasing Clark’s Pond needed to be conditioned on the Final Plat.
Voigt said “yes.”
Ordinance No. 7343, annexing 5.61 acres northeast of North 7th Street and North Street was read a second time.
Moved by Kennedy, seconded by Hack, to adopt the ordinance. Aye: Dunfield, Hack, Henry, Kennedy and Rundle. (15)
Ordinance No. 7344, rezoning 5.61 acres northeast of North 7th and North Streets from A (Agricultural) to RS-1 (Single Family Residence District) was read a second time.
Moved by Kennedy, seconded by Hack, to adopt the ordinance. Aye: Dunfield, Hack, Henry, Kennedy, and Rundle. Nay: None. Motion carried unanimously. (16)
Moved by Kennedy, seconded by Hack, to concur with the Planning Commission’s recommendations to approve the Final Plat (PF-03-07-01) for Bismarck Gardens Subdivision No. 2, a 34-lot and one tract single-family residential subdivision containing approximately 11.077 acres, located north and south of North Street, between north 8th Streets, and accept the dedication of easements and rights-of-way subject to the subject to the stormwater detention and following conditions:
1. Provision of a revised Final Plat depicting the following:
a. Provide 60’ of right-of-way for Hickory Street in front of this entire subdivision;
b. The off-site easements must be recorded and the Book and Page number provided on the face of the Final Plat;
c. Correct note No. 2 to include correct lot numbers. (Note must read Lots 1-7 and Lots 14-21, not Lots 1-21)
d. Correct wording of Note 8;
e. Add the word “typical” to the 135’ setback note located in Lot 1, Block 1;
f. Provide shading within the 135’ setback along Block 1 in order for the area to be easily identified;
g. Provide note that states no accessory structures are located within the 135’ setback along Block 1;
h. Correct Mayor’s name to read “Mike Rundle”; and,
2. Submission and approval of a Master Street Tree Plan.
Motion carried unanimously. (17)
Mayor Rundle called a public hearing on the proposed State Grant Funds for the Public Transit System.
Karin Rexroad, Public Transit Administrator, said KDOT has reviewed the City’s request and had no problems with the request. The request was to utilize their FY 2002 State Grant Funds that would become available from the Comprehensive Transportation Program on July 1, 2001 on a portion of the City’s 20% match payment on fixed route vehicles and the potential purchase of two additional paratransit vehicles through the State bid process.
Upon receiving no public comment, it was moved by Henry, seconded by Dunfield, to close the public hearing. Motion carried unanimously. (18)
Karin Rexroad, Public Transit Administrator, presented the staff report concerning the relocation of the City’s downtown transit transfer point.
Rundle said it seemed clear the 11th Street options for location of the bus stop was out of the question.
Rexroad said by using the 11th and Vermont location, the routes needed total reconfiguration and would bypass the downtown area to get to that location. It would be extremely difficult to run an efficient system that puts transportation where the public could utilize it. There were safety issues for buses, passenger and kids.
Rundle suggested discussing the other proposed routes which seemed more viable.
Rexroad said they needed to address issues related to staying in the downtown area like public restrooms, payphones and trash. These issues were not solely transit issues, but Downtown issues, and thought the transit system could help be part of the solution to these problems in the Downtown area. Everything developed concerning transit since first consultants has been built around the 9th and Massachusetts location. In order to meet Weaver’s needs, the Public Transit Advisory Committee suggested the East side of Massachusetts adjacent to FirStar Bank. PTAC saw this as a good location and was willing to work hard to be a good partner with Downtown.
Dunfield said concerning the 9th Street between New Hampshire and Rhode Island location staff report listed several negative options. He asked Rexroad if he was correct in interpreting this locations biggest disadvantage was the route configuration.
Rexroad said “yes,” route configuration and timing were two of the biggest issues. The route depended on what direction the buses were able to leave and arrive at the transfer station. When moving the transfer station a block or two, it could put anywhere from two to five minutes on the timing. If New Hampshire Street were open, it would allow more opportunities to use this street rather than residential streets.
Dunfield said it looked like there would be buses that would be forced to come in facing east when they really wanted to be headed west therefore needing to go around a block in order to get back on the route.
Rundle said route configuration was the most pressing concern other than the infrastructure.
Rexroad said the infrastructure could be dealt with, but would take time. The issue of route configuration and infrastructure was related to the routes being designed for the 9th and Massachusetts location.
Henry asked if the recommended solution, moving the bus stop across the street to the northeast side, would adversely affect any of the routes.
Rexroad said “no.” They would be moved a half block and it would not affect timing.
Rundle asked if they have had feed back from the public concerning this location.
Rexroad said FirStar Bank does have some concerns with the parking garage, but they had not gone directly to all the businesses. She said the Public Transit Advisory Committee wanted to get a response from the City Commission to see what direction they wanted to take.
Marian Hukle, a regular rider of the transit system, said she was pleased PTAC had a negative response to the 11th and Vermont Street option. Hukel said she has lived across the street from Southwest Jr. High School for approximately 5 ½ years and for the first five years, she did not drive downtown to shop because it was more convenient to drive to South Iowa. Now with the bus system, downtown became a weekly destination. When you think about a transfer point for the bus system, it was a way to get people to the hub of the City. Hukle said while waiting for the bus, she window shopped and purchased items downtown because of the location of the bus stop. She asked the City Commission to keep the transfer point at 9th and Massachusetts.
Jeremy Douglas, Director, Downtown Lawrence Inc., said PTAC has talked with members of Downtown Lawrence Inc., concerning the relocation of the bus stop transfer. Downtown Lawrence Inc. enjoyed having the transfer station downtown and felt it was a vital part of Downtown. The location in front of FirStar Bank drew concerns about safety issues from members of Downtown Lawrence Inc.
Alan Black, member of the Public Transit Advisory Committee said he wanted to remind the City Commission this was a temporary solution and in the long run, they hoped to have an off-street transfer point. PTAC hoped to get money to study whether the Santa Fe Depot would be suitable, but some people felt it was too far away from the center of Downtown. PTAC was also anxious for a decision to be made because they needed to make changes in the routes and print new maps and schedules.
Henry said the 9th and Massachusetts Street location in front of FirStar Bank was the logical place for the transfer point and was recommended by PTAC.
Dunfield said their were concerns about the entrance to the Parking Garage and the 9th and Massachusetts location, but felt that traffic going in and out of the new parking garage would be minimal. He thought this location could work.
Moved by Rundle, seconded by Henry, to move the south side of the transfer location from Weaver’s corner to the East side of Massachusetts adjacent to the bank. Motion carried unanimously. (19)
Ron Hall, Information Systems Director, presented the staff report concerning possible purchase of City code/complaint tracking system. He said the City Manager requested Information Systems look into some software options to investigate complaint tracking. The particular emphasis would be on code enforcement to track follow-up actions including written correspondence and inspection activity and most recently Mayor Rundle's inquiry concerning a building permit system. There were two recommendations and Information Systems was asking for guidance from the City Commission. One option was from KIVA Systems, (Sandy, Utah) which was primarily an e-government ready application that was a code enforcement request for service system that was accessible by the public to track inspections as well as City staff. One major difference in this system was an application service provider type model whereas the software and hardware would be entirely housed by KIVA Systems and the City personnel and the public could access that system via the Web. This was a strong point of being e-government and web ready. The second option was from H.T.E. Inc. (Lake Mary, Florida) which the City currently had a number of H.T.E. applications and for that reason was a possibility to explore because of the interfacing options with the City’s existing systems. In pricing the options for the KIVA and H.T.E. Systems for code enforcement/complaint tracking which included hand held devices for the City’s Code Enforcement Officers to take in the field and print violations and data entry right on the spot.
Rundle asked if the H.T.E. System was compatible with the City’s systems.
Hall said H.T.E. System was compatible with other H.T.E. applications the City currently had such as the financial software, land management system, occupational licensing, payroll, purchasing and inventory.
Hack asked what was the annual cost for a web-enabled H.T.E. code enforcement system.
Hall said a web-enabled code enforcement application was not available but the web-enabled portion for the Building Permit System would be approximately $13,000.00 to start and an annual maintenance fee of approximately ten to twelve percent of the purchase price.
Dunfield asked if there was a way to estimate the difference in the staff time involved between the KIVA System's operations by their Company as opposed to City staff. He suggested that with the H.T.E. System, staff would have more responsibility.
Hall said if the H.T.E. System was purchased and did not desire any modifications, staff time would be minimal since they were not writing code. It also would run on our existing hardware, therefore not having to buy additional hardware. Hall said KIVA would maintain the system and would be less of a burden on City Staff to maintain the hardware, but he did not think there would be a substantially greater difference in maintenance on either system for City Staff.
Rundle asked if the City Commission needed to give direction on implementation.
Mike Wildgen said “no,” whatever system the City chose, the training would be done by the company which was part of the process. When looking at code enforcement issues concerning rental inspection programs, the web-enabler of H.T.E. could come in approximately twelve months. It was the City's long-term goal to let the public look into these processes. He said there were advantages in the KIVA System, but was not sure it was worth twice the amount of money.
Rundle asked how much of this system would be modular and do they eliminate the JavaLine graphics.
Hall said JavaLine graphics was not essential, however it does affect the pricing.
Dunfield asked if the notion of transparency and making these systems easier to use, would having the JavaLine Graphics feature be important.
Hall said having the JavaLine was important in productivity and wanted to point out that the JavaLine was not just for code enforcement, but for all the H.T.E. application the City has. He said there was a benefit for the organization.
Henry said there were benefits in the cost to go with H.T.E. and the compatibility.
Moved by Rundle, seconded by Henry, to select the H.T.E. System. Motion carried unanimously. (20)
Toni Wheeler, Staff Attorney, presented the staff report concerning proposed amendments to the City’s street tree ordinance requirements. She said the City required street trees be planted in City subdivisions. In our residential subdivisions the City has experienced problems with our Street Tree Ordinance as it was currently written. Some of the problems included the required street trees were not being installed, trees were not the appropriate size, trees were planted at the wrong time of the year and did not survive and the trees were not properly maintained. When these problems were brought to the City’s attention, City staff met with representatives from the Home Builders Association. Comments were received from the public staff and the Home Builders Association tried to develop changes to the Ordinance so the Ordinance would work. The proposed Ordinance does alter how trees would be planted in residential subdivisions. How they envisioned this happening was the City would select a private contractor who enters into a contract with the City. The private contractor would install the required street trees for the City and would be overseen by the Parks and Recreation Department and paid by a fee that was collected by the home builder or property owner upfront. The fee would cover the cost of the trees, installation and the City’s administrative cost. If the City Commission agreed with this concept City Staff asked to initiate a text amendment and send it back to the Planning Commission.
Lee Queen, Past President, Lawrence Homebuilder Association, said he supported the Ordinance as proposed. He said the proposed Ordinance was a win/win/win situation because not only were the homebuilders going to get out of landscaping, but also the City would be able to take over and enforce the code. Ultimately the people of the community were the third winners because they would get their trees planted. He thanked Wheeler and City Staff for working with the homebuilders and the problems builders faced with these trees. The Lawrence Homebuilder’s Board of Directors did strongly support the Ordinance as written. He caution the City Commission not to expect the revision to the street tree ordinance to work out the first year, but would work out in a year or two.
Moved by Kennedy, seconded by Dunfield, to initiate text amendment to the Planning Commission for approval. Motion carried unanimously. (21)
Debbie Van Saun, Assistant City Manager, presented the staff report on the Airport Improvement Project. Van Saun said the bid opening for Phase 1 of the Airport Improvement Project was June 19, 2001. The sole bid received was approximately seventeen percent higher than the engineer’s estimate. The consultant for the City discussed the estimate with the contractor, Hamm’s Asphalt, and determined there were six of the forty-four bid items that accounted for the higher bid cost. Based on that review, the Airport Development Group (ADG) concluded that Hamm’s bid seemed justifiable. Van Saun reminded the Commission that Phase 1 of the project included expansion and overlay of the apron, overlay of the existing runway and the strengthening and rehabilitation of the existing taxiway. ADG believed that Hamm’s bid was responsible and recommended that all three schedules be awarded to Hamm’s Asphalt. The City had verbal contact with Federal Aviation Administration officials and was encouraged to proceed with the FAA Grant application process. The application for Federal Assistance has been completed and awaits the City Commissions approval. From this application process, the outcomes could include FAA finding all of the money to fund the project as bid, schedules being delayed, or schedules being removed. The City was most interested in pursuing the expansion of the apron and overlay schedule as well as the strengthening and overlay of the runway. The taxiway rehab work was something FAA was interested in accomplishing as soon as possible.
Dunfield said given the FAA involvement, was it feasible to negotiate changes in the scope of the work with the contractor.
Van Saun said the FAA has not seen the break down, but the bid tab. Part of the application process was to send information on the bid recommendation from ADG and the break down of the unit cost to FAA for review and recommendation. Much of the work was tied together within the schedules and unless the City was able to negotiate individual cost items with Hamm’s, she was not sure they would be able to omit items within the schedules because the work was interrelated to the success of the individual schedules.
Moved by Kennedy, seconded by Hack, to direct staff to proceed with the application to the FAA. Motion carried unanimously. (22)
Annette Lickteig, 1205 Brook Street, said approximately one month ago the City voted to buy their property because of flooding. When she received the appraisal, she had a concern about the amount of equity of her home which was not enough for a down payment on a home. She was informed that a letter was being sent stating this appraisal was a final offer.
Mike Wildgen said this was the normal process to offer the fair market value appraisal. He said another option was for a second appraisal so the City could compare both appraisals.
Dunfield said the appraiser’s opinion of fair market value was what the City used as a basis for an offer, but that was not the last word. He suggested they evaluate the appraiser’s offer and bring their concerns back to the City Commission to bring to Executive Session for discussion and reevaluation.
Scott Lickteig, 1205 Brook, said he had a concern with the appraisal and City Management having an intricate part of an evaluation of an appraisal. The other issue was, the County appraisal was between twenty and thirty percent lower than actual fair market selling value of the home, but the current City appraisal was only a few hundred dollars higher than the County appraisal. He said if the City intended this appraisal as final offer, it was unacceptable.
(23)
Moved by Kennedy, seconded by Dunfield, to adjourn at 8:23 p.m. Motion carried unanimously.
`
APPROVED:
_____________________________
Mike Rundle, Mayor
ATTEST:
___________________________________
Diane Trybom, Deputy City Clerk
COMMISSION MEETING JUNE 26, 2001
1. Ordinance No. 7369 – 1st Reading, amending the Comprehensive Land Use Plan “Horizon 2020”.
2. Ordinance No. 7370 – 1st Reading, amending the Comprehensive Land Use Plan “Horizon 2020”.
3. Ordinance No. 7371 – 1st Reading, Annexing 3.2 acres of City owned property, adjacent to the City’s Wastewater Treatment Plant.
4. Ordinance No. 7372 – 1st Reading, amending the City’s sign code and sign enforcement laws.
5. Ordinance No. 7373 – (Tabled for 2 weeks), adopting stormwater pollution prevention regulations.
6. Ordinance No. 7374 – 1st Reading, Rezoning [Z-12-53-00] 3.5 acres from POD-2 to PRD-2, located NE of the intersection of Folks Rd. and Overland Dr., N of Heritage Baptist Church.
7. Ordinance No. 7375 – 1st Reading, Rezoning [Z-04-18-01] .53 acre from RO-2 to O-1, located on the NW corner of E. 19th St. and Haskell Ave.
8. Ordinance No. 7365 – 2nd Reading, allowing for the towing of vehicles illegally parked in tow away zones.
9. Ordinance No. 7366 – 2nd Reading, establishing “no parking” along the north side of Freedom Creek Drive.
10. Ordinance No. 7367 – 2nd Reading, allowing parking along the west side of Inverness Drive between Anthony Michael Dr. and Cedar Ridge Ct.
11. Resolution No. 6322 – Authorizing the Mayor to sign the application for the 2001 Emergency Shelter Grant from the City to the State of Kansas.
12. Bert Nash YESS Program – 2 pickup trucks & 1 motor grate sold at auction from Public Works.
13. Great American Station Foundation – received $2,500.00
14. Regional Solid Waste Mgmt Plan.
15. Ordinance No. 7343 – 2nd Reading, annex 5.61 acres, NE of N 7th & N St.
16. Ordinance No. 7344 – 2nd Reading, rezone 5.61 acres, N 7th & N St from A to RS-1
17. Final Plat (PF-03-07-01) Bismarck Gardens Sub No. 2, 11.077 acres, located N & S of N St., between N 8th.
18. Public Transportation – FY 2002 State Grant Funds
19. Public Transportation – Transfer Point moved to E side of Mass.
20. Code/Complaint Tracking System – Selected H.T.E. System.
21. Street Tree Ordinance – Initiate Text Amendment.
22. Airport Improvement Project- Proceed with application to FAA.
23. 1205 Brook – Appraisal concerns.