August 7, 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, Henry, Hack, and Kennedy present.
As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to approve the City Commission meeting minutes of July 24, 2001 and July 31, 2001. Motion carried unanimously.
As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to approve the Practitioner’s Panel meeting minutes of July 26, 2001; the Neighborhood Resources Advisory Committee meeting minutes of July 26, 2001; the Lawrence-Douglas County Housing Authority meeting minutes of June 25, 2001; the Public Transit Advisory Committee meeting minutes of July 17, 2001; and, the CVB Advisory Board meeting minutes of May 22, 2001. Motion carried unanimously.
As part of the consent agenda, it was moved to approve claims in the amount of $1,813,315.23. Motion carried unanimously.
As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to concur with the recommendation of the Mayor and appoint Ray Chao to the Human Relations Commission. Motion carried unanimously.
As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to set bid date of August 21, 2001 for 22nd and Kasold, Geometric Improvements. Motion carried unanimously. (1)
As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to set bid date of August 21, 2001 for Public Works Facility on Wakarusa Drive, Sanitary Sewer Improvements. Motion carried unanimously. (2)
As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to place on 1st reading Ordinance No. 7390, amending the City’s Plumbing Code concerning the use of PVC piping. Motion carried unanimously. (3)
As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to adopt Resolution No. 6324, declaring 1820 Miller Drive environmentally blighted, allowing the owner 20 days to abate the violations or the City will contract to have the violations removed. Motion carried unanimously. (4)
As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to approve the Site Plan (SP-06-36-01) for redevelopment of the Wood Oil Company site at 920 North 2nd, subject to the following conditions:
1. Provision of a revised Site Plan indicating:
a. Correct platted legal description to read “Lot 1, Block 1, Wood Addition”;
b. The landscaping plan needs to include the approved Master Street Tree Plan;
c. Remove note No. 12;
d. Provide note stating property is located within the 100-year floodplain; and,
e. Correct spelling of “Brick Pavers”.
2. Execution of a Site Plan Performance Agreement;
3. Filing of Final Plat with the Register of Deeds;
4. Provision and approval of a photometric plan; and,
5. Approval of a Floodplain Development Permit.
Motion carried unanimously. (5)
As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to approve the Site Plan (SP-06-33-01) for Laird Noller auto body service building and auto sales building, located at 814 West 23rd Street, subject to the following conditions:
1. A Site Plan Performance Agreement to be executed; (Per Section 20-1433)
2. Delineate between the required parking spaces and the exterior exhibit spaces on Lot 2;
3. Remove parking stall striping within the fenced-in area on Lot 1;
4. Revise interior parking lot landscaping to accurately reflect the Site Plan;
5. Remove Note No.12 under General Notes;
6. Provide a note stating, “City Standard 5’ x 4’ curb inlet”;
7. Filing of cross-access easements by separate instrument with the Register of Deeds;
a. Between Lots 1 and 2;
b. Between Lot 1 and the adjacent property to the east; and,
c. Between Lot 2 and the adjacent property to the west.
8. Provide a note on the face of the Site Plan referencing the book and page number of the cross-access easements filed by separate instrument;
9. Filing of a Final Plat prior to release of the Site Plan to Building Inspection;
10. Revise legal description to include; and,
11. Provide a note on the plan stating, “Lots 1 and 2 shall remain under the same ownership per Sec. 20-1209(c).”
Motion carried unanimously. (6)
As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to concur with the Planning Commission’s recommendations to approve the Final Plat (PF-05-19-01) for Laird Noller Addition, a one-lot planned commercial subdivision containing approximately 1.56 acres, located on the northeast corner of East 23rd and Harper Streets, and accept the dedication of easements and rights-of-way subject to the following conditions:
1. Provision of a note on that plat stating, “Access to West 23rd Street is limited to one driveway for Lot 1 and one driveway for Lot 2;
2. Provision of a 10’ Utility Easement on the south side of the property;
3. Submission and approval of a Master Street Tree Plan (Per Section 21-708a); and,
4. Execution of a Temporary Utility Agreement.
Motion carried unanimously. (7)
As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to authorize the Mayor to execute Authority to Award Contract –Commitment of City Funds with KDOT to award 23rd and Barker, Geometric, Traffic Signal Improvements to Amino Brothers Co, Inc., in the amount of $355,023.73 with the City’s share of this contract totaling $47,942.97 which must be remitted before August 31, 2001. Motion carried unanimously. (8)
As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to authorize the Mayor to execute Authority to Award Contract – Commitment of City Funds with KDOT to award 27th and Iowa, Geometric, Traffic Signal Improvements to Amino Brothers Co, Inc., in the amount of $590,522.31 with the City’s share of this contract totaling $74,133.85 which must be remitted before August 31, 2001. Motion carried unanimously. (9)
As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to authorize City Manger to execute an Engineering Design Contact with Landplan Engineering for East Hills Business Park Sanitary Sewer Improvements, in the amount of $14,850.00 which would provide sewer service to the south portion of East Hills Business Park. Motion carried unanimously. (10)
As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to approve City participation in Quad Counties Water Cooperative. Motion carried unanimously. (11)
Kennedy had a concern about the status of the rehabilitation project located at 1201 East 13th. The City’s Environmental Inspector had inspected this property for lack of improvements. This project had been on-going for approximately 1-½ years and was behind in the proposed schedule. He said it was the responsibility of the City Commission to support the City’s Environmental Inspector and ensure that City Ordinances were enforced. Kennedy asked staff for an updated construction schedule, from the owner, to bring this property up to construction code.
Hack asked about the steps that could be taken if in the allotted 30 days, no changes were made to this property.
Corliss said the City Commission had jurisdiction over this property and could direct staff to proceed with the repair of the structure and bill the property owner or direct staff to raise the structure.
As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to receive staff report on the status of the rehabilitation project 1201 East 13th allowing the property owner twenty days for the violations to be removed or the City would contract to have the violations abated. Motion carried unanimously. (12)
Mayor Rundle called a public hearing on the proposed budget for 2002. He asked Corliss about the adoption of Ordinance No. 7386, making determinations on the budgeting and appropriating of property tax revenues pursuant to K.S.A. 79-2925b.
David Corliss, Assistant City Manager, said Ordinance No. 7386 was in response to State laws which require city and county governing bodies that seek to budget and appropriate more property taxes than in the previous budget year to adopt an ordinance acknowledging that budget and appropriation.
Melvin Harrington, Executive Director of the Partnership for Children and Youth, said they were coordinating the efforts throughout the community to establish national youth initiative known as the “Lawrence/Douglas County American Promise.” He said this was a broad base collaborative effort to provide our community with a structure designed to ensure that our children and youth had all the resources needed to succeed. He thanked the Mayor and City Commission for their confidence and support for their efforts.
Cornell Mayfield, Lawrence Housing and Credit Counseling Inc., thanked the City Commission for past support. The Housing and Credit Counseling did not receive the $13,000.00 requested for the year 2001 for outside funding and asked the City Commission to reconsider. The Housing and Credit Counseling has been in Lawrence, at the City’s request, since 1994 providing information and education to landlords and tenants. With no funding except for the Community Block Grant Funding, they were eliminated for the Emergency Service Grant Funding and were relying on the City for funding to help through 2001.
Rundle asked if the Human Relations Department referred calls concerning housing to Housing and Credit Counseling Inc.
Corliss said “yes.” It was a frequent practice of the City’s Human Relations/Human Resources Department to refer calls regarding landlord/tenant issues to Housing and Credit Counseling Inc. Corliss said HCCI was a good service in our community.
Rundle asked if having HCCI was a cost savings for the City.
Corliss said that was difficult to quantify. He said HCCI provided a needed community service. How the City Commission would rank this service versus other services was difficult.
Tim Stultz, President of Lawrence Homebuilders Association, said many changes had occurred in the Building Inspection Division. These changes included retirements and pursuit of other career paths which has depleted the Neighborhood Resources staff. As a result, the process of securing permits has become unacceptably slow with inconsistent information of submittal requirements. He said when any City key official departs, adjustments would need to be made. In this case, the retirements were known well in advance. They disagreed with the assumption that lack of funding was the problem. The current conditions were not budget related, there was simply a lack of planning to assure a smooth transition. The Code Enforcement Division was left with a skeleton crew of good inspectors unprepared to keep up with the workload. A strong staff needed to be available as a resource to the builder and community. It was an asset to have an inspector with enough knowledge and time to provide corrective measures when a violation has occurred. City standards changed due to the shortage of staff. He had a concern about the amount of time it took to apply for a building permit. The Lawrence Homebuilders Association would like, as an established rule, to see a maximum turn around of a week for building permits to be issued. He said the LHBA was aware the 2002 Budget included at 27% increase in building permit fees. There would be an additional 27% increase in the next two years until the fees were 100% of the recommended 1997 Uniform Building Code fee schedule. It was the LHBA understanding that building permit fees would entirely fund two Rental Housing Inspectors for Ordinance No. 7326 and provide a revenue stream for the Housing Trust Fund. Stultz said builders already pay for unrelated cost such as Environmental Inspectors. Such increases would not solve any budget problems or staff shortages. Price increases would not promote affordable housing, but would pass on additional cost to the homebuyers. In Kansas, Lawrence was the most expensive community to purchase a home. In three years, building permit fees were proposed to double raising the cost of housing. He said it was a paradox that new construction was the funding source to create affordable housing. The City was increasing the prices of homes, at the same time, making them less affordable. There were good affordable housing programs that the LHBA would support such as the HAND Addition project. The LHBA adamantly opposed such planned increase in inspection fees.
Dave Reynolds presented the City Commission with a handout summarizing his interpretation of the City Budget. He had a concern with the staffing and fee increases for the Building Inspection Division. The City needed qualified inspectors in the field in a timely manner along with permits and quality administration of the Building Inspection Department. He said there was no justification to increase fees. Reynolds recommendation to the City Commission was to allow the LHBA the opportunity to meet with the Building Inspection Division to adequately dissect the budget to see where the real expenses and needs were.
Kennedy said the City Commission had been working on an increase to the budget for the last three months.
Reynolds said they were not informed the City Commission was going to adopt the 1997 Uniform Building Code fees.
Tim Holverson, Vice President of Public Policy, Lawrence Chamber of Commerce, said he has followed the entire budget process and recognized the City had a tough budget year, but felt there were efficiencies that could be achieved. He said on behalf of the business community, they appreciated the governing body being able to keep the mill levy to under 1 mill. He said the budget showed the increase need for commercial and residential development to keep up with residential so they could generate those additional retail sales tax dollars as well as the commercial industrial property tax rate being taxed at higher rate of 25%.
Hilda Enoch said many people could not afford homes the homebuilders were building in the community.
Ron Durflinger said an article he read stated that Lawrence had the highest priced real estate in Kansas. If the homebuilders in this community needed to live by new rules then other people needed to live by new rules too. This meant responsive turnaround time for permit applications, new policies should be applied evenly and proper notice given. He had a concern about the City’s building inspectors code interpretation and thought there should be more communication. Durflinger said the purchasing of homes increase incrementally bringing property taxes up. It seemed ironic the City chose to provide affordable housing by increasing the cost of housing. The HAND project was one of the most successful projects in the area for a public/private partnership that brought affordable housing. If there was going to be an increase, it should be an increase that would benefit the homebuilders as well as providing money to the community. As a community, the City needed to be honest in their dialogue and search out the problems that caused these types of disparities in housing prices.
Moved by Dunfield, seconded by Henry, to close the public hearing. Motion carried unanimously.
Rundle asked if the City Commission approved the Building Inspection fees, could the fees be adjusted in the future.
Corliss said “yes.” The fee adjustment could be done by Ordinance.
Kennedy said the City Commission created Ordinances which involved an increase in Building Inspection staffing for rental registration. He said he would like to see if fees were coming from the general fund and not directly fee related. He said the City Commission voted to increase the staffing for the Police and Building Inspection Departments.
Hack had a concern about the lack of notification, adequate dialogue, and turnaround time with inspections and permits.
Henry concurred with Hack, but had a concern about the figures in the budget that was presented by the Reynolds.
Dunfield said both Building and Environmental Inspections fall under the umbrella of Neighborhood Resources and there was a considerable amount of cross training with the inspectors. The City Commission was clear in their study session, concerning fee increases, that a portion of these fees would go to the Housing Trust Fund. To make a difference in affordable housing the City needed to target funds specifically for affordable housing to reduce the cost.
Rundle said he appreciated recognition that the City was understaffed and needed additional inspectors. His main concern was receiving inspections in a timely manner. The City Commission needed to respond to the causes of concern and disparity in housing cost. They also needed to resolve the conflict of fees in order to move into a joint partnership to substantially address affordable housing needs.
Moved by Kennedy, seconded by Hack, to place on first reading Ordinance No. 7385, adopting and appropriating the 2002 City budget. Motion carried unanimously. (13)
Moved by Kennedy, seconded by Hack, to place on first reading Ordinance No. 7386, making determinations on the budgeting and appropriating of property tax revenues pursuant to K.S.A. 79-2925b. Motion carried unanimously. (14)
Moved by Kennedy, seconded by Hack, to place on first reading Ordinance No. 7387, establishing water and sanitary sewer rates for 2002. Motion carried unanimously. (15)
Moved by Kennedy, seconded by Hack, toplace on first readingOrdinance No. 7388, establishing sanitation rates for 2002. Motion carried unanimously. (16)
Moved by Kennedy, seconded by Hack, to place on first reading Ordinance No. 7389, establishing building permit rates. Motion carried unanimously. (17)
Moved by Kennedy, seconded by Hack, to approve wholesale water rates for rural water districts and the City of Baldwin City. Motion carried unanimously. (18)
Corliss said City staff would schedule a meeting with the appropriate representatives from the Homebuilders Association to address the budget, staffing, and the Neighborhood Resources Director’s plans for the future.
Mayor Rundle requested discussion of possible funding for summer homeless shelter from August 14, 2001 until the winter shelter opens because the funding was not in place. He said there were concerns about the City’s response for the request of funding and would the City be asked for future funding. He said the City Commission and the community wanted to facilitate the successful efforts by the Salvation Army to provide a year round shelter.
Kirk Schuetz, Salvation Army Captain, said there was a change in their request concerning the homeless shelter. It was his understanding there was a church that would tentatively bridge the gap from when St. John’s closed until the Salvation Army reopened its doors. He said the Salvation Army was seeking additional funding from the City in the amount of $10,000.00.
Rundle asked if the Emergency Shelter Grant was the annual grant for the entire year.
Kirk Schuetz said the Salvation Army traditionally received Emergency Shelter Grant Funds which was less than $20,000.00. These funds were needed to run the winter shelter.
Rundle said he was under the impression the Emergency Shelter Grant was a special request for the summer.
Carolin Schuetz, Salvation Army Captain, said the Salvation Army had applied for Emergency Shelter Grant Funds as well as other social service agencies. This year, the Coalition for Homeless Concerns, applied on behalf of the Salvation Army for new funding for the summer shelter. She said the money came from the same pool the Salvation Army applied for, for their winter shelter.
Hack asked if there were other sources of funding.
Kirk Schuetz said there was no funding the Salvation Army could rely on. He said they could make a pubic appeal for funds, but could possibly diminish planned income in other areas.
Herman Leon said it was the responsibility of this City Commission to provide funds to save lives in the town of Lawrence. He had a concern about the City being in a crisis situation because of the lack of help for the homeless.
Mary Rosenthal, Concerns for the Homeless Coalition, said the Salvation Army has done fine work in the City of Lawrence to protect and shelter the homeless. The Homeless Coalition has been running a shelter since June 19, 2001, for the homeless. The Coalition philosophy was different from that of the Salvation Army in that the criteria for admission was good behavior. She said these people were calm, peaceful, respectful and considerate of each other and staff. Many of these people had expressed gratitude and appreciation. This shelter complemented what the Salvation Army had to offer. The Coalition would continue to address the needs of the homeless population that were not covered by the Salvation Army. She said St. John’s had offered its gym along with service, compassion and support. Another church would tentatively step in and allow the coalition to operate until the Salvation Army reopens.
Rundle asked Rosenthal if the people who were not being served were those that were turned away by the Salvation Army because they failed to pass an alcohol test and how many people fit that category.
Rosenthal said approximately one-third to one-half of the people who were there.
A person from Project Acceptance said she had concerns about some of the homeless people being mentally ill with substance abuse problems. In 1999, the Surgeon General wrote a report that indicated that approximately 50% of the people that have schizophrenia also had a substance abuse problem. She said many of these people in this category were only a danger to themselves.
The Vice Chair of the Coalition of Homeless Concerns said eleven years ago he had came to Lawrence as a homeless person and moved into the Salvation Army Shelter which provided a good service for a short-term time. However, that project was no longer available to anyone who was homeless. He said he saw a downfall in the economics of each and every community in the country. He asked the City Commission to alleviate the Coalition from the pressure of volunteering time and services as well as money allocated.
Julia Gilmore said she was a volunteer for the homeless community. One issue that had not been addressed was the issue of providing $10,000.00 to the Salvation Army for this temporary shelter this summer. She said it was not a handout or a lead into future handouts, but a way to create a dialogue in an organized fashion and an opportunity to have the City facilitate what needed to happen with all the gaps in services.
Jerry Niehoff, volunteer at the temporary summer shelter, said many people think of homeless as not having jobs and not being a productive part of society. It was not uncommon for people who were staying in the shelter to actually work. In regards to the number of people who were turned away by the Salvation Army because of their alcohol content or behavior, he said it was approximately five to ten percent. Niehoff said he hoped some money could be found for a homeless shelter.
Jim Henry asked Niehoff if he knew the number of people staying at the shelter that currently had jobs.
Niehoff said approximately ½ of the people.
Hilda Enoch, Coalition for Homeless Concerns, said their shelter was a shelter that asked no questions, but expected respect and consideration. She said it was the Coalitions purpose to serve all of those people who have a need for shelter. She asked the City Commission for support. If the City gives money to the Salvation Army, it would make the Homeless Coalition’s job easier, but it would not end their job. The people who had the greatest need in our community had the least opportunity for rehabilitation. She suggested the Community Building between 10:00 p.m. and 6:00 a.m., was a reasonable request to shelter the homeless. The Coalition for the Homeless would meet with the LMH Board to ask them to work on establishing a detoxification center. She had a concern about the amount of un-rented homes and believed there was a way to match these homes with people that needed shelter.
Wylma Morteli said she has housed the homeless and had a concern about shelter for the homeless.
Saunny Scott said she did not understand why the City did not want to take responsibility for the homeless and why the homeless could not use City facilities. She asked the City Commission for their support.
Joanne Tolar said she started the first social services directory in Lawrence called “Where to Turn.” The City needed a Citizens Coalition to help assist City government in prioritizing how money was spent. She said wages were low and housing was high in Lawrence.
Marvin Voth thanked the City Commission for their patience and courtesy in listening to concerns about the homeless.
Peter Boler, a homeless man, said he owed his life to the Homeless Coalition. He asked the City Commission to fund the Salvation Army. Boler said it was hard for a homeless person to coordinate day-to-day task and keep a job in Lawrence.
Rundle said there were two topics of concern which was finding a main shelter and the need for a detoxification center. The Salvation Army had more experience in providing for the homeless. He suggested the City needed to involve Lawrence Memorial, Bert Nash and DCCCA and State Legislature for mental health funding. He supported funding for the homeless shelter.
Dunfield said the City needed to support the Salvation Army for the summer. The City Commission needed to look at the budget as it related to the needs for the homeless for next summer. He said the needs of the homeless fell into a medical category which was homelessness being a symptom, rather than being a problem to treat. He asked staff to research gaps in services for the homeless. He supported Salvation Army request for funding.
Hack concurred with Dunfield and thanked the homeless for their dialogue. She also supported the request for funding.
Henry concurred with the funding request for the Salvation Army. He said the City needed to address the detoxification problem along with finding a way to identify individuals who were capable of acquiring employment.
Kennedy concurred with the City Commission’s willingness to fight to support a shelter for the homeless and also supported the request for funding for the Salvation Army.
Moved by Dunfield, seconded by Hack, to approve the request for funding the Salvation Army in the amount of $10,000.00 for the year 2001. Motion carried unanimously. (19)
Sandra Day, Planner, presented the revised Site Plan (SP-06-38-01) for removal of the dumpster and the addition of bollards and a concrete pad for benches and tables for an employee break area along the east side of the 600 block alley between Massachusetts and New Hampshire. The original Site Plan was approved by the City Commission in October 2000. She presented the City Commission with a drawing of the proposed Site Plan. The Planning Department talked with the applicant several times during the review process asking for additional detail about the proposal of the bollards and guard rails and their location within the alleyway. The assumption was the dumpster would ultimately be located within the alley. If the Site Plan was approved, it would shutoff the ability for the City to address the utilitarian services within this alley that provided services to multiple business along the alleyway.
Bob Yoos, Solid Waste Superintendent, said he had a concern about the proposed Site Plan. This was a service alleyway. For many years there was a pad on land owned by K.U., and was used for the businesses on the west side of the alley. When the Site Plan was first proposed, there were many concerns to be addressed. Representatives from the City and business in the area had reached a consensus to relocate a pad of similar size slightly south of the original pad. As the project was nearing its termination, the applicant requested elimination of the dumpster pad which would force the City to put the dumpsters into the alley right-of-way which he opposed. The alleyway was narrow and had obstructions on the west and east side. The applicant also proposed a guardrail with bollards that would subsequently narrow the alley even further. As far as collecting trash, the City needed to access the alley daily. The far end of the alley made a 90-degree turn to the west which was a difficult turn. The dumpsters had been temporarily located at that location during construction. It has been difficult for the sanitation drivers to make that turn and at times, needed to come back because of the way vehicles were parked. Their proposal was to move the dumpster out of the alley because it was a safer situation for the sanitation drivers as well as other traffic. He also thought it was aesthetically better to locate the dumpster in one location with an enclosure.
Rich Barr, Fire Marshall, said the Fire Department looked at the proposed Site Plan and needed to assure fire apparatus access. Code for a new building would require a twenty-foot clear width of access to that building. Downtown, most of the alleyways had a 17 ½ foot access without dumpsters. With the dumpsters, it reduces the alleyway to 13 ½ feet. Their concern was to ensure the Fire Department had access as close as they could to the standards. The Fire Department accepted existing conditions in the downtown area. He was in favor of the original Site Plan because it kept the dumpsters out of that access. If the dumpsters were removed, there would be a concern about fire apparatus and the assurance of access. The reason City Code required a twenty-foot wide alleyways was because it provided operating room for the Fire Department’s fire apparatus.
Jane Eldredge, representing the Postal Investors and the World Company, presented the plan for the alleyway. In the course of the renovation of the new building at the site of the Postal Investors property, it became clear that there was a need for an outdoor area for staff. City Code required each property owner to provide for his or her own trash. She said the World Co. and Postal Investors were interested in solving the dumpster problem. Michael Treanor, Mark Anderson and Ralph Gage had worked hard to find a scenario that would be acceptable to everyone in the alleyway. Their request was to attach to the wall, four dumpsters which was two dumpsters on each side of the power pole on the west side of the alleyway.
Yoos said it would not be possible to attach the dumpster to the wall because they needed to be pulled away in order to lift the dumpsters into the trash truck. The proposed Site Plan showed an additional fifteen inches along the wall with bollards and guardrails which brings them out into the alley further. He said sanitation truck drivers had a hard turn to make when collecting trash.
Mike Treanor, architect for the project, said the idea of the bollard was to protect the wall from the dumpsters. What made the post office different from other buildings downtown was it was an icon building on the corner and was meant to be seen as a building and not a series of buildings that backup to an alley. The greenspace was looked upon by office windows which was the original intent of the building and would not be aesthetically pleasing.
Dale Kring, owner of the property in question, said his problem was much the same as the Fire and Sanitation Department, which was the narrowness of the alley. He said this alley was a service alley and had a lot of traffic that delivered merchandise to the stores. In the future, it might hamper their ability to build onto their property. He agreed with the original Site Plan.
Rundle said he did not want to compromise public safety and trash pickup. He concurred with the original site plan.
Henry said the original Site Plan was approved and unanimously agreed upon by the City Commission on October 17, 2000. The conditions were revisions of the Site Plan to relocate the trash enclosure per City staff approval and execution of a lease agreement between the City and the World Co., for trash dumpsters servicing the area and did not see the revised Site Plan meeting those conditions.
Hack said the property owners in the adjacent area, if denied, would work with keeping the trash picked up.
Dunfield said once developing and looking at numerous options to a design issue, it would be safe to say that if you were not satisfied with the design, it would suggest the first design was the right one.
Jane Eldredge said this was not just a design issue. If the City Commission denied the Site Plan, in essence, they would be condemning private property. She reiterated the City Code was clear that each property owner was to provide for his or her own trash. It was also clear the Site Plan requirement was to take care of trash that each individual business generated, not the neighbors’ trash. She said this was not a design problem, but a matter of private property.
Corliss said trash dumpster located on private property should and could also serve private property.
Rundle said he agreed with the original Site Plan.
Dunfield said he supported the Fire and Sanitation Department in providing services to the citizens and the approved the original site plan that was conditioned upon the approval of City staff on the location of the dumpsters.
Moved by Dunfield, seconded by Henry, to deny the request for a revised Site Plan (SP-06-38-01) for removal of the dumpster and the addition of bollards and a concrete pad for benches and tables for an employee break area along the east side of the 600 block alley between Massachusetts and New Hampshire. Motion carried unanimously. (20)
Moved by Kennedy, seconded by Hack, to recess into executive session to discuss attorney-client matters for approximately thirty minutes with the justification for the executive session to keep confidential the matters related to negotiations and personnel issues. Motion carried unanimously.
The Commission reconvened after a 30 minute executive session.
Jerry Cooley, City Attorney, said as discussed in the executive session, there was a case between Freeman versus the City of Lawrence concerning the construction of North Second Street. He requested from the City Commission authority to participate in a settlement of that lawsuit. The request was the City waive the thirty-one days of late penalties assessed approximately five years ago which totaled $28,675.00. Secondly, the City’s contribution to the settlement was the payment of a sum totaling $10,000.00. The City’s consulting engineer on this project, George Butler & Associates, Kansas City, has agreed to contribute $75,000.00 so there would be a payment of the retainage they had held in the amount of $28,675.00 plus an additional cash contribution totaling $85,000.00. He asked the City Commission for authority to enter into the settlement agreement.
Moved by Rundle, seconded by Dunfield, to enter into a settlement agreement concerning Freeman versus the City of Lawrence. (21)
Dunfield had a concern about the parking of bicycles. He said City ordinance on this matter did not prohibit the locking of bicycles on meter post and thought the language needed to be clarified in the Ordinance. If it was the determination that locking bicycles to meter post was an obstruction, the City Commission needed to make provisions for bicycles downtown.
Corliss said he had received a letter from Mike Rees, Chief Counsel, KDOT, which indicated that one of the next steps that he would ask of the City Commission and County Commission to conduct a study session that would review their data and analysis regarding the various configurations and alignments for the South Lawrence Trafficway. The Study Session would take place on September 12, 2001, at 6:30 p.m., at the County Commission Room.
Moved by Kennedy, seconded by Dunfield, to adjourn at 10:00 p.m. Motion carried unanimously.
APPROVED:
_____________________________
Mike Rundle, Mayor
ATTEST:
___________________________________
Diane Trybom, Deputy City Clerk
COMMISSION MEETING AUGUST 7, 2001
1. Bid Date – 22nd & Kasold, Geometric Improvements, August 21, 2001.
2. Bid Date – Public Works Facility on Wakarusa, Sanitary Sewer, August 21, 2001.
3. Ordinance No. 7390 – 1st Reading, amend Plumbing Code for PCV piping.
4. Resolution No. 6324 – Blight, 1820 Miller Drive.
5. Site Plan – (SP-06-36-01), Wood Oil Co., 920 N 2nd.
6. Site Plan – (SP-06-33-01), Laird Noller, 814 W 23rd.
7. Final Plat – (PF-05-19-01), Laird Noller, 814 W 23rd, 1.56 acres, NE corner of E 23rd & Harper.
8. Authority to Award Contract – 23rd & Barker, Geometric & Traffic Improvements, Amino Brothers for $355,023.73 and City share $47.942.97.
9. Authority to Award Contract – 27th & Iowa, Geometric & Traffic Improvements, Amino Brothers for $590,522.31 and City share $74,133.85.
10. Engineering Design Contract – E Hills Business Park sanitary sewer, Landplan for $14,850.
11. Quad Counties Water Cooperative.
12. Rehabilitation Status – 1201 E 13th.
13. Ordinance No. 7385 – 1st Reading, appropriating 2002 City Budget.
14. Ordinance No. 7386 – 1st Reading, property tax revenues.
15. Ordinance No. 7387 – 1st Reading, Water & Sanitary Sewer Rates for 2002.
16. Ordinance No. 7388 – 1st Reading, sanitation rates.
17. Ordinance No. 7389 – 1st Reading, building permit fees.
18. Ordinance No. 7385 – 1st Reading, wholesale water rates for rural water districts.
19. Homeless Shelter Discussion.
20. Revised Site Plan – (SP-06-38-01) 600 Blk alleyway between Mass & New Hamp.
21. Executive Session – Freeman versus City of Lawrence.