August 21, 2001
The Board of Commissioners of the City of Lawrence met in regular session at 6:35 p.m., in the City Commission Chambers in City Hall with Mayor Rundle presiding and members Dunfield, Henry, Hack, Kennedy present.
With Commission approval Mayor Rundle proclaimed the weekend of August 25 and 26, 2001 as the “21st Annual Kansas State Fiddle and Picking Championship Weekend”.
As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to approve the City Commission meeting minutes of August 7, 2001. Motion carried unanimously.
As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to approve claims in the amount of $984,828.89. Motion carried unanimously.
As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to approve the Drinking Establishment License for Stone Canyon, 3801 West 6th Street. Motion carried unanimously.
As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to concur with the recommendation of the Mayor and reappoint Walt Hicks to the Sign Code Board of Appeals. Motion carried unanimously.
As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to place on 1st reading Ordinance No. 7394, adopting Zoning Code (TA-01-01-01) Text Amendments establishing the Urban Conservation Overlay District. Motion carried unanimously.(1)
As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to place on 1st reading Ordinance No. 7395, establishing the Downtown Lawrence Zoning Overlay District. Motion carried unanimously. (2)
Ordinance No. 7391, rezoning approximately 2 acres located on the southeast corner of West 6th and Monterey Way from PCD-2 with use restrictions to PCD-2 with amended use restrictions, was read a second time.
As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to adopt the ordinance. Aye: Dunfield, Henry, Hack, Kennedy, and Rundle. Nay: None. Motion carried unanimously. (3)
Ordinance No. 7392, rezoning approximately 5 acres located at 4340 W. 6th, commonly known as Heritage Baptist Church property, from A (Agricultural District) to RM-1 (Multiple-Family Residence District), was read a second time.
As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to adopt the ordinance. Aye: Dunfield, Henry, Hack, Kennedy, and Rundle. Nay: None. Motion carried unanimously. (4)
Ordinance No. 7393, rezoning approximately 1.1 acres located at 3301 Iowa, from B-2 (General Business-County) to PCD-2 (Planned Commercial District), was read a second time.
As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to adopt the ordinance. Aye: Dunfield, Henry, Hack, Kennedy, and Rundle. Nay: None. Motion carried unanimously. (5)
As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to adopt Resolution No. 6326, authorizing the sale of general obligation temporary notes and bonds on September 11, 2001. Motion carried unanimously. (6)
As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to adopt Resolution No. 6327, authorizing $15,000 in additional general obligation bond authority for the 2000 KLINK project. Motion carried unanimously. (7)
As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to adopt Resolution No. 6328, authorizing $25,000 in additional general obligation bond authority for the improvement of West 6th Street (Wakarusa to K-10). Motion carried unanimously. (8)
As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to authorize the Mayor to sign a Subordination Agreement for Elroy and Cora Washington, 909 New York. Motion carried unanimously. (9)
As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to declare surplus a 1976 Sanitation Division trailer (Aristocrat HT #940) and to authorize a sealed bid process for sale to highest bidder. Motion carried unanimously. (10)
As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to approve the 2001 Neighborhood Grant Program grants. Motion carried unanimously. (11)
Mayor Rundle reported that the discussion of a request for $20,000 contribution by the organizers of the Langston Hughes Symposium had been deferred indefinitely. Organizers will reconsider bringing the request following a fund drive and completion of more event planning.
Mayor Rundle asked to defer the discussion of the draft agreement between the City and the University concerning historic property to the end of agenda, in order to allow the members of the Oread Neighborhood Association, who were attending a meeting of the Campus Historic Preservation Board at the University of Kansas to be present for the discussion.
Matt Schultze, Project Manager with Black & Veatch began the Department of Utilities presentation on the status of a number of water and wastewater construction projects. He explained the Wastewater Treatment Plant Expansion is a comprehensive project that will bring the total treatment capacity of the plant to 65 MGD (million gallons per day) - 25 MGD biological flow and 40 MGD excess flow caused by heavy rainfall. He said work is underway around the entire plant. New facilities including biological treatment facilities, excess flow treatment facilities, and influent pumping facilities are currently being constructed. Existing facilities will also be upgraded as part of the project.
Shultze said notice to proceed with the Liquid Treatment Project was given in September of 2000 and that Phase I of that project is approximately two-thirds complete. Phase II will follow completion of the new facilities, and is scheduled to begin in March 2002 with final completion in March of 2003. The Excess Flow Treatment Project is almost fifty percent complete and it is likely to be finished prior to March of 2003. The 8th Street Roadway Project will begin next year after the on-site concrete work is complete, however, improvements have been made to the Railroad crossing on 8th street which is the main access road to the plant. Improvements to the existing administration building will also begin in 2002.
Schultze said the total contract value of the Wastewater Treatment expansion is $37,600,000 and as of July 31, 2001 the costs are thirty percent (30%) complete. The month of August will bring an additional $1.5 million in costs and as the fall progresses, equipment will come in, causing spikes in payment applications and an increase in the percent of costs complete. Shultze showed a series of construction photos including pictures of the new aeration basins, blower buildings, influent screening facilities, final clarifier, sludge pumping stations, and excess flow treatment basins.
Mayor Rundle asked for a reminder of what causes the excess flow. Schultze explained that it is generally due to heavy rainfall events. Dry weather flow is approximately 10 MGD; the excess flow facility will be used if 25 MGD of flow is reached.
Mike Orth, also with Black & Veatch, presented an update on the Bowersock Dam Project and the Clinton Water Treatment Plant Expansion Project. In response to a request from Mayor Rundle, Orth presented a series of photos, showing the work being done on the Dam. A construction access causeway is currently being constructed across the river. Riffraff will be re-disbursed to add stability to the foundation of the sheet piles that have been driven to stabilize the undermining of the apron that is occurring. They are also working with the Army Corps of Engineers to control flow over the flashboards. Signs have been placed to keep the public from entering the construction area as well.
Orth also provided an update on the Clinton Water Treat Plant Expansion. He explained how concern had been expressed about costs that could be associated with digging through the rock in order to build the new filter building. However, when the Clinton Plant was originally constructed in the 1970s, the rock was pre-shattered. This pre-shattering application has prevented any significant problems. Construction of the filter building itself is also underway.
Charlie Stryker of CAS Construction reported that the construction company had kept their promise to get well water and transfer pumps in place to accommodate high demand periods though as of yet, the back up capabilities have not been needed. Stryker said substantial completion of the project was scheduled for June of next year, with final completion by September of 2002. The current schedule indicates substantial completion will occur by the first week of March and final completion by May of 2002. CAS Construction has been able to avoid change orders and Stryker expressed his desire to continue to do so. He complemented the team assembled from the City, Black & Veatch, and the construction crew, on this project along with the procurement method used by the Commission.
Mike Orth provided an update on the Kaw Residuals Project that has been undertaken in order to ensure compliance with the KDHE and the Clean Water Act. While residuals from the Clinton Treatment plant are discharged to lagoons on site and able to be controlled when released, the residuals from the Kaw Water Plant are discharged directly into the Kansas River. The KDHE has developed a timeline for the elimination of these uncontrolled releases.
The project will separate residuals, allowing discharge from the presedimentation basin and presettling basins, along with filter backwash to continue to discharge into the river, while eliminating discharge of the lime solids. The plan originally was to intercept the sludge and direct it to a lagoon on-site while continuing to send the acceptable discharge to the river. A dechlorinization process would be added to allow the filter backwash to be discharged as well. Four disposal options were also originally developed. At a cost of $6.6 million, alternative four was the most economical of the options that would allow on-site disposal. Concerns were raised about the impact on nearby Brewery Brook. Four additional alternatives were then developed, each following a different alignment, that would involve delivering the lime residuals to the Wastewater Treatment Plant.
Alternative 8 was then selected as the option Black & Veatch recommends. It is the most economical of the alternatives at $5.8 million, it utilizes the residuals treatment process already in place at the Wastewater Treatment Plant, and it is environmentally the best solution. It utilizes an existing force main, which prevents major construction in downtown as well as a modified lagoon at the Waste Water Treatment Plant. The plan does require construction of a one day storage tank for back up purposes and an additional lagoon.
Kennedy asked the final price tag for the Kaw Residual Project. Orth responded that total project cost including surveying, engineering, and construction would be $5.8 million.
Hack asked for an approximate time line for the project. Orth responded the mandates for construction call for completion by 2003. Rundle commented that city staff is well ahead of the curve of regulations coming in the future.
Debbie Van Saun, Assistant City Manager and Airport Manager, reported on the status of the airport wetlands mitigation. Staff had been working with KDHE and their consultant, Terracon, to find a location for wetlands mitigation, necessary due to the impact of the southern expansion of the runway on wetlands near the Lawrence Municipal Airport. A 13 acre site near the Kaw Water Plant, originally purchased for the residuals project, was identified as a possible location. The property is owned by the City, and it has not been designated for any projects. Van Saun asked for Commission approval to pursue further investigation of the site, including surveying and other work with Terracon.
Rundle asked if Terracon would come back with a contract. Van Saun replied that they are already under contract but if the site is determined to be appropriate, a mitigation plan would be developed. Actual installation of the wetlands will be done through a separate bid and contract.
Hack asked what the difference in costs would be between developing the entire 13 acres into a wetlands now as opposed to doing it over time. Van Saun explained that wetlands already in existence can not be used for mitigation purposes. Therefore, she said it might be more desirable to only develop a portion of acreage, so that the same site could be used should any future mitigation be necessary.
Kennedy asked whether the funds for the mitigation are from the FAA. Van Saun responded the project would be funded with moneys the city hopes to receive in 2002.
Rundle asked staff to investigate the option of using funds to develop the whole site as a wetland.
It was moved by Kennedy, seconded by Hack, to approve Ordinance No. 7396, authorizing the execution of a loan agreement for a Kansas Public Water Supply Loan Fund for the Clinton Water Treatment Plant Expansion Project. Motion carried unanimously. (12)
It was moved by Henry, seconded by Dunfield, to authorize the City Manager to negotiate with Black & Veatch for a scope of services and costs for preliminary and final design services for the Kaw Water Treatment Residuals Project. Motion carried unanimously. (13)
It was moved by Kennedy, seconded by Henry, to approve investigation of the site North of the Kaw Water Treatment Plant as a potential mitigation site for airport wetlands affected by the proposed expansion of the main runway. The motion carried unanimously. (14)
David Corliss, Assistant City Manager and Director of Legal Services, presented a report on the City codification project. He explained that codification is placing all the permanent laws of the City, adopted by the City Commission, in one place. The code book is updated as often as possible, and the most update that is underway was made possible with the recent addition of new staff.
Corliss explained one goal of the codification project was to “do a deep cleaning” and remove ordinances that are inaccurate, out of date with current practices, or that don’t meet current legal standards. It is the recommendation of staff that three areas of the current code be removed - prohibitions on begging, those on fortune telling, and regulations on trains.
Corliss said another goal of the project is to make the City Code more accessible to the public by putting it on the city website. It will help makes citizens more aware of what the laws are and can help staff in their daily work. Staff has worked to make the code available on the Internet in-house, avoiding the expense of hiring a consultant. However, it will remain a challenge to maintain the code on the website, as ordinances are passed and laws modified each week.
Corliss explained why the code will not be posted on the Internet as a PDF file. It will allow better searching capability and will help differentiate between the printed code and new laws that are passed by the Commission.
Rundle suggested flagging any provisions of the code that are under consideration for change. Corliss responded that staff did find it useful to place the rental housing ordinances that were considered earlier in the year on the city website and expressed a desire to continue to be able to use the web as a tool to inform citizens.
Rundle asked how the substantive changes will be made procedurally. Corliss explained an ordinance will be placed on a future agenda, adopting the code book by reference. The ordinance will in effect, repeal all existing ordinances, unless otherwise specified. A list of ordinances, such as those annexing or condemning property, not being repealed will also be included.
Rundle asked if each ordinance would have to be considered individually or if it would be a simple, streamline process. Corliss responded a stream line process “is our goal”.
Corliss also noted that Chapter 20, which contains zoning regulations, and Chapter 21, related to subdivision regulations, are not adopted by reference because they go through the planning commission process. The chapters will be included in the Code Book, but the Commission will not be adopting them with the rest of the Code. Chapters 20 and 21 will also be available on the Planning Department’s web page.
Rundle commented that this is a step toward e-government, which the Commission is committed to. Dunfield agreed. Henry expressed his appreciation for the forward thinking and professionalism of the city staff on this and other projects. Hack agreed. Rundle asked about a timeline for the project. Corliss said as soon as staff is confident that everything is up to date, an ordinance will be placed on the agenda for first reading. A date will also be selected for the code book to become effective.
Rundle asked how errors discovered by citizens will be handled. Corliss responded that corrections can be made in additional codifications, or by ordinary ordinances. Rundle asked how citizen concerns about conflicting sections would be addressed. Corliss responded that those type of concerns and comments are to be expected and that those discussions should be welcomed. Dunfield expressed his interest in just how much feedback will be received.
It was moved by Rundle, seconded by Henry, to direct staff to place an ordinance adopting the City Code by reference on an agenda when it is appropriate. Motion carried unanimously. (15)
Rundle explained how he had received some comments regarding the draft agreement with the University of Kansas regarding historic property. Kennedy asked if there was an urgency to adopt the agreement. Mike Wildgen, City Manager, explained the agreement was not for adoption. It was just to be discussed so that changes could be made if necessary before taking it to the University.
Terry Riordan, President of the Oread Neighborhood Association, 1613 Tennessee, arrived from the meeting of the Campus Historic Preservation Board and provided comments on the agreement.
He commented that the document was a good start but expressed a number of concerns of the ONA with the agreement. Under Section 3, the City HRC shall review and make a determination on a project within 30 days of review by the CHPB. Riordan suggested that flexibility is necessary to ensure adequate time for information to be gathered and questions to be answered. He said that sometimes new ideas and better solutions come out of taking a little more time.
Second, Riordan expressed concern over the lack of opportunity for public comment at meetings of the joint committee of the CHPB and the HRC held to discuss disagreements in determinations of the respective boards. He said public comment can be helpful and can provide information that might not otherwise be considered.
Rundle asked if Riordan had any alternative language to suggest for section 3. He also commented that he had received concerns over the definition of “completed project”.
Riordan explained that currently the University is defining the completed project as the demolition of the buildings, with no consideration of what will be constructed in their place. However, he suggested National Historic Reservation language does not permit demolition to make parking lots or green space. This is an example, he said, of how thirty days locks the HRC in to making a determination without giving them adequate time to consider all the factors.
Wildgen suggested that Corliss could work on the language with Dennis Enslinger and the University. He explained the 30 days was likely an attempt to prevent long delays in decision making. He also pointed out the committee would retain the ability to defer items and decisions.
Rundle asked for clarification of Riordan’s second concern- lack of public comment. Riordan explained that the City should ask for public comment at this stage in the process. He said the University is not used to having public comment but they should follow the City’s example. Many situations have been shaped by and plans changed because of public comment, and this process would benefit from it as well.
Kennedy asked if the second part of item 5, that states the joint committee “ may take additional testimony and comments as the committee members may agree is appropriate”, helped alleviate any of Riordan’s concern. Kennedy said it should allow for the answering of questions and for comments from interested parties.
Dunfield suggested simplifying the statement to read “the joint committee shall allow for public comment as the committee members may agree is appropriate”.
Rundle commented that the concern should be discussed with the University and acknowledged their efforts to be responsive and work with the ONA. Kennedy agreed and suggested getting this section clarified.
Rundle suggested it would be beneficial to have agreement on what the “environs” are in a particular situation. Riordan suggested that this agreement does not address this directly. Rundle commented that if agreement can not be reached or similar standards adopted of what “environs” means, it should at least be acknowledged that there is disagreement.
Wildgen provided Riordan with a draft dated August 17,2001 and asked what happened at the meeting Riordan attended. Riordan left before a decision was made, but he reported they were taking a lot of public comment. He complemented the CHPB for working in an orderly and congenial fashion and for their interest in historical information.
Wildgen offered to work on language, make suggestions, and work with the University before bringing another draft to the City Commission.
Rundle agreed that this was a “very good first step”. Rundle asked if another draft, incorporating comments made, could be available next week. Wildgen replied, “it might” and Corliss added that staff will contact the University and see what changes they can get made.
No action was taken on this item. (16)
Hack expressed her pride in the City and the Commission and commended the Mayor on his speeches at both the Hobbs Park Dedication and Airport Groundbreaking. She also wanted to inform the commission that she participated, not as Vice mayor but as a citizen of Lawrence, in the group that was interviewed by the Osprey Group regarding the South Lawrence Trafficway. A scoping meeting will be held at the County Fairgrounds on August 30, 2001 from 4:30 to 7:30. Hack will also be participating in a facilitated meeting of the stakeholders on September 6, 2001. Again, she will be speaking as a citizen, not on behalf of the Commission or the City. Hack will continue to update the Commission as the process continues.
Rundle reminded the Commission the School District would host the USD 497/City/County Joint Study Session on August 22, 2001 from 9:00 to 11:00 at the Workforce Development Center, 2540 Iowa St.
L.C. Smith, Topeka expressed concerns regarding the lack of handicap accessible parking available in the Riverfront Parking Garage. He works at the Sprint call center and due to bone spurs and arthritis needs to park near the door. He feels the eight handicap stalls are inadequate under Title II of the Americans with Disabilities Act.
Smith was told by city staff off the record, following last weeks meeting, that Sprint is responsible for providing for their employees with disabilities. He wanted to give staff and the commissioners a chance to response to his concerns on the public record.
Smith informed the Commission that should his concerns not be addressed, he would next contact “the State Attorney General, the Human Rights Commission, and the ADA”, to find out if they agree with the City’s interpretation that the available parking is adequate. Should he loose his job due to his inability to get to work, Smith said he will file a federal lawsuit claiming discrimination.
Rundle expressed the Commission’s sensitivity to his concerns and their commitment to providing adequate accessible parking. Rundle offered to work with Independence, Inc. or the regional office that handles calls related to the ADA. He suggested working to find alternative strategies, other than additional parking stalls, to accommodate the needs of individuals with disabilities.
Wildgen suggested allowing staff to do additional research on what is “adequate” and on whether the number of spaces available in the garage meets that definition.
Dunfield expressed how as an architect, interpreting the ADA can be difficult and encouraged staff to contact appropriate officials regarding compliance.
Rundle also suggested contacting Sprint and bringing them into a dialogue to find a solution.
Smith clarified that he was speaking as a private citizen, not for Sprint. He also expressed how the Springhill Suite’s policy of booting cars makes using otherwise unoccupied spaces no longer an option. And while he is not a Lawrence citizen, Smith said he hoped the Commission would work to settle this manner. He also expressed concern that “handicap only” and “no parking” areas were not being enforced in the evening hours.
Rundle again thanked Mr. Smith for his concerns and expressed a commitment to reasonable accommodation. Henry concurred. Kennedy suggested looking into how changing the use of the facility may require changing the number of accessible parking stalls.
Rundle asked staff to do some research and come back to the Commission with information on this issue. (17)
Moved by Kennedy, seconded by Hack, to adjourn at 8:02. Motion carried unanimously.
APPROVED:
Mike Rundle, Mayor
ATTEST:
___________________________
Diane Trybom, Deputy City Clerk
COMMISSION MEETING AUGUST 21, 2001
1. Ordinance No. 7394 – 1st Reading, adopting Zoning Code (TA-01-01-01) Text Amendments establishing the Urban Conservation Overlay District.
2. Ordinance No. 7395 – 1st Reading, establishing the downtown Lawrence zoning overlay district.
3. Ordinance No. 7391 –2nd Reading, rezone (Z-03-16-01) 2 acres, from PCD-2 w/restrictions to PCD-2, SE corner of W 6th & Monterey Way.
4. Ordinance No. 7392 – 2nd reading, rezone (Z-04-17-01) 5 acres, from A to RM-1, 4340 W 6th.
5. Ordinance No. 7393 – 2nd reading, rezoning approximately 1.1 acres from B-2 (General Business-County) to PCD-2 (Planned Commercial District). The property is located 3301 Iowa, the Wright's Wallcovering site. [Z-04-19-01] Approved by CC 6/12/01.
6. Resolution No. 6326, authorizing the sale of general obligation temporary notes and bonds on September 11, 2001.
7. Resolution No. 6327, authorizing $15,000 in additional general obligation bond authority for the 2000 KLINK project.
8. Resolution No. 6328, authorizing $25,000 in additional general obligation bond authority for the improvement of West 6th Street (Wakarusa to K-10
9. Subordination Agreement - Elroy and Cora Washington, 909 New York.
10. Declare surplus: 1976 Sanitation Division trailer (Aristocrat HT # 940); authorize sealed bid process for sale to highest bidder.
11. Approve 2001 Neighborhood Grant Program grants.
12. Ordinance No. 7396 – authorizing execution of a loan agreement for a Kansas Public Water Supply Loan Fund for the Clinton Water Treatment Plant Expansion.
13. Authorize City Manager to negotiate with Black & Veatch for a scope of services and costs for preliminary and final design services for the Kaw Water Treatment Residuals Project.
14. Approve investigation of site north of Kaw Water Treatment Plant as potential wetlands mitigation site.
15. Direct staff to place ordinance adopting the City Code on a future agenda.
16. Draft agreement between the City and The University of Kansas – discussion.
17. Handicap Parking- discussion.