November 6, 2001

 

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

With Commission approval Mayor Rundle proclaimed the week of November 12-16, 2001 to be U.S. International Education Week; the month of November 2001 to be “Lawrence Home Care Month”; and, Saturday, November 10, 2001 to be “Celebrate Marine Corps Birthday.”

As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to approve the City Commission meeting minutes of October 23, 2001.  Motion carried unanimously.

As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to approve the Practitioner’s Panel meeting minutes of October 18, 2001; the Public Transit Advisory Committee meeting minutes of September 18, 2001 and October 16, 2001; the Board of Zoning Appeals meeting minutes of October 4, 2001; and, the Lawrence-Douglas County Housing Authority meeting minutes of September 25, 2001 and October 3, 2001.  Motion carried unanimously.

As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to approve claims to 485 vendors in the amount of $3,464,115.31 and payroll from October 21, 2001, to November 3, 2001, in the amount of $1,184,941.66.  Motion carried unanimously.

Item 5f from the consent agenda, authorizing the City Manager to enter into a contract with LandPlan Engineering, for the engineering and construction phase services for the Yankee Tank Sanitary Sewer Project, in the amount of $148,000.00 was deferred indefinitely.                      

The City Commission reviewed the bids for sale of miscellaneous sewer pumps and motors for the Utilities Department.  The bids were:

As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to award the bid to Grobe & Sons, in the amount of $305.00.  Motion carried unanimously.                           

The City Commission reviewed the bids for sale of a motor hydraulic hoist for the Utilities Department.  The bids were:

As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to award the bid Dallas Merritt, in the amount of $100.00.  Motion carried unanimously.                         

The City Commission reviewed the bids for sale of a power washer for the Utilities Department.  The bids were:

As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to award the bid to Grobe & Sons, in the amount of $56.00.  Motion carried unanimously.                                 

The City Commission reviewed the bids for sale of a metal cart with a shop vacuum for the Utilities Department.  The bids were:

As part of the consent agenda, it was moved by Henry, seconded by Kennedy, award the bid to Grobe & Sons, in the amount of $35.00.  Motion carried unanimously.                                         The City Commission reviewed the sole bid for sale of miscellaneous lab equipment for the Utilities Department.  The bids were:

As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to award the sole bid to Lonnie’s Recycling, in the amount of $10.00.  Motion carried unanimously.                   

The City Commission reviewed the bids for sale of a universal weight lifting machine for the Utilities Department.  The bids were:

 

As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to award the bid for a universal weight lifting machine for the Utilities Department to the high bidder, Chris Stewart, in the amount of $475.00.  Motion carried unanimously.                                                  

The City Commission reviewed the sole bid for sale of miscellaneous desks for the Utilities Department.  The bids were:

As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to award the sole bid to Lonnie’s Recycling, in the amount of $3.00.  Motion carried unanimously.              

The City Commission reviewed the bids for sale of scrap copper tubing for the Utilities Department.  The bids were:

As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to award the bid to Reiners Metals, in the amount of $800.00.  Motion carried unanimously.         

The City Commission reviewed the sole bid for sale of miscellaneous scrap iron for the Utilities Department.  The bids were:

As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to award the sole bid to Lonnie’s Recycling, in the amount of $157.25.  Motion carried unanimously.      

The City Commission reviewed the bids for sale of obsolete water meters for the Utilities Department.  The bids were:

As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to award the bid to Reiners Metals, in the amount of $1,100.00.  Motion carried unanimously.             

The City Commission reviewed the bids for sale of scrap brass for the Utilities Department.  The bids were:

As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to award the bid to Johnny Nichols, in the amount of $105.00.  Motion carried unanimously.               

The City Commission reviewed the bids for sale of a 12’ galvanized stock tank for the Utilities Department.  The bids were:

As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to award the bid to Kirk Nyberg, in the amount of $100.00.  Motion carried unanimously.                     

The City Commission reviewed the bids for Storm Windows for the Neighborhood Resources Department.  The bids were:

 

 

 

As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to award the bid to Advanced Glass & Mirror, Inc., in the amount of $27,574.87.  Motion carried unanimously.                                                                                                                                   (1)

The City Commission reviewed the bids for Insulation of Attics for the Neighborhood Resources Department.  The bids were:

As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to award the bid to Midwest Insulation, in the amount of $9,258.00.  Motion carried unanimously. (2)

The City Commission reviewed the bids for weather-stripping of doors for the Neighborhood Resources Department.  The bids were:

As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to award the bid to Master Plan Management, in the amount of $4,490.00.  Motion carried unanimously.                                                                                                                                   (3)

The City Commission reviewed the bids for the Montana Street, storm sewer repairs for the Public Works Department.  The bids were:

As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to award the bid to Modern Engineering, in the amount of $30,400.00.  Motion carried unanimously.  

                                                                                                                                            (4)

The City Commission reviewed the bids for 2001 Sidewalk Repairs for the Public Works Department.  The bids were:

As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to award the bid to Penny Construction Co. Inc., in the amount of $50,396.21.  Motion carried unanimously.                                                                                                                                   (5)

As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to authorize the purchase of four (4) paratransit buses from Diamond Coach Corporation, in the amount of $174,148.00.  Motion carried unanimously.                                                                   (6)

As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to authorize the issuance of a change order to the construction contract with Danis Environmental Industries, Inc., in the amount of $37,018.00, for recommended changes in air piping for the Wastewater Treatment Plant Expansion Project.  Motion carried unanimously.                       (7)

As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to waive the bidding requirement and accept the bid proposal from LRM Inc. for the improvement of George Williams Way, located south of West 15^th Street, in the amount of $150,952.70, plus administrative and bonding costs.  Motion carried unanimously.                                                         (8)

Ordinance No.  7443, text amendments to Ch. 20, Article 9A and Ch. 20, Article 1709.2 of the Lawrence City Code, revising flood plain development/management requirements, was read a second time. 

As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to adopt the ordinance.  Aye:  Dunfield, Hack, Henry, Kennedy, and Rundle.   Nay: None.  Motion carried unanimously.                                                                                                                      (9)

As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to adopt Resolution No. 6348, amending Resolution No. 6345 authorizing the improvement of George Williams Way, located south of West 15^th Street; authorizing expenditures for the improvement; and, allowing for the reimbursement with debt proceeds.  Motion carried unanimously.                                                                                                                                            (10)

As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to reapprove the Site Plan (SP-08-61-00) for office/warehouse, located at 911 East 11^th.  This site plan was originally approved November 7, 2000.  Section 20-1430.1 of the City Code provides for City Commission extension of Site Plan approvals.  All original conditions of approval have been met.  Motion carried unanimously.                                                                                       (11)

As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to concur with the Planning Commission’s recommendations to approve the Final Plat (RP-09-08-01) for Weilert Addition, a replat of part of Lot 2, and all of Lots 3 & 4 in Centennial Park Addition No. 2, a 2-lot commercial subdivision, containing approximately 1.945 acres, located on the northwest corner of Iowa Street and West 9^th Street, and accept the dedication of easements and rights-of-way subject to the following conditions:

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

a.                  Inclusion of a note stating “Sidewalk along Iowa Street shall be removed and reconstructed to 6’ wide per City Code.”;

b.                  Inclusion of a note stating “Access to Iowa Street/ US 59 shall be limited to the access point shown on the face of the Final Plat and is to be shared between Lot 1 and Lot 2.”;

c.                  Provision of a minimum of 50’ of right-of-way on Iowa, per City Code;

2.                  Execution of a Temporary Utility Agreement;

3.                  Provision of the following fees and recording documentation:

a.                  Copy of paid property tax receipt;

b.                  Recording fees made payable to the Douglas County Register of Deeds;

c.                  Provision of a Master Street Tree Plan; and,

d.                  Provision of a pinning letter of the lots in accordance with Section 21-302.2.

Motion carried unanimously.                                                                                                         (12)

As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to concur with the Planning Commission’s recommendations to approve the Final Plat (RP-09-12-01) for Industrial Square One Nine No. 3, a replat of Lots 3 & 4, Industrial Square One Nine No.2, a 2-lot industrial plat containing approximately 2.0138 acres, located on the east side of Delaware Street, between 19^th and 22^nd Streets, and accept the dedication of easements and rights-of-way subject to the following conditions:

1.                  Provision of the following fees and recording documentation:

a.                  Provision of Street Sign payment;

b.                  Copy of paid property tax receipt;

c.                  Recording fees made payable to the Douglas County Register of Deeds;

d.                  Provision of a Master Street Tree Plan; and,

e.                  Provision of a pinning letter of the lots in accordance with Section 21-302.2.

Motion carried unanimously.                                                                                                         (13)

John Selk,representing Douglas County Development, the applicant, spoke on the issue of the approval for the Final Plat (PF-09-29-01) for East Hills Business Park East No. 2.  He said one of the conditions for approving the plat was the annexation of adjacent right-of-way (Dg. Co. Road 442) and inclusion of right-of-way in the final plat prior to recording at the Register of Deeds Office.  He said the applicant would like this property to be annexed expeditiously so the plat could be recorded. 

David Corliss, Assistant City Manager/Legal Services  Director, said the annexation of this right-of-way should not be difficult.  It required a legal description which the owner could provide.  It also required County Commission approval, pursuant to K.S.A. 12-520(c), because the property was not immediately adjacent to City boundaries and was an island annexation.  Staff had recommended the right-of-way be annexed into the City.  Corliss suggested that the City Commission accept the plat and direct staff to initiate the annexation. 

Mayor Rundle asked if this issue could be brought back to the agenda at a future City Commission meeting.

Corliss answered “yes.”

Rundle asked if the City would immediately incur expenses on annexation for maintenance of that road.

Corliss said the City had would assume road maintenance responsibility as soon as the property was annexed. 

Rundle stated he would like to see the annexation issue added to the November 13^th agenda to allow opportunity for discussion and public comment. 

Moved by Rundle, seconded by Dunfield, to concur with the Planning Commission’s recommendations to approve the Final Plat (PF-09-29-01) for East Hills Business Park East No. 2, a one-lot industrial subdivision containing approximately 48.783 acres, located north of Douglas County Road, east of Noria Road; and to direct staff to add the annexation issue as an agenda item at the next City Commission meeting; and, accept the dedication of easements and rights-of-way subject to the following conditions:

1.                  Provide a revised Final Plat indicating:

a.      Add “Frank S. Reeb” to signature line under City Clerk;

2.                  Execution of a Temporary Utility Agreement;

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

4.                  Provision of an Agreement Not To Protest the Formation of a Benefit District for street and sidewalk improvements to Douglas County Road No. 442 (to be named East 23^rd Street); and,

5.                  Annexation of adjacent right-of-way (Dg. Co. Road 442) and inclusion of right-of-way in Final Plat prior to recording at Register of Deeds Office.

Motion carried unanimously.                                                                                                        (14)

            Jim McSwain, Fire/Medical Department Director, presented a Fire/Medical Station Improvement Implementation Plan, which included the approval of a lease agreement with the University of Kansas Endowment Association for approximately 2.25 acres, located at the southwest corner of Iowa and 21^st Street to add a Fire/Medical Station.  McSwain explained the City’s needs for an additional Fire/Medical Station.  He stated that the national response standard was 90% of fire calls should be responded to within four minutes of travel time (approximately 1.5 miles from the station).  He presented the City Commission with a map, which showed how much of the City could be reached within four minutes response time from the four current Fire/Medical stations.  Because of several gaps in the City’s center and outlying areas, staff was looking at how they could build another station with least expense to the City.  He said staffing of a station twenty-four hours a day, seven days a week was approximately $1,000,000 a year.  If they were to add a station to the east and west, that would double the cost.  As they looked at the growth of the City, they devised a plan to move Station 2 on Haskell Avenue to Harper Street and move Station 4 on Stonebarn Terrace to the Water Plant on Wakarusa Drive.  This would enable one station to be added and staffed in the central part of the City.  They were working with the Endowment Association and their Board of Directors approved a station at the southwest corner of Iowa and 21^st Street. 

McSwain explained the proposed lease agreement was for twenty-five years with automatic renewal for an additional twenty-five years at a dollar a year.  Currently, Station 2 was being built and relocating the crew which there was no additional cost for staffing, trucks or equipment.  The construction in the Capital Improvement Plan for Station No. 5 would take place in 2004 with occupancy in 2005.  In 2005, the plan was to construct the station at Water Plant on Wakarusa Drive which would be the relocation of Station No. 4 and occupancy would be 2006.

McSwain said this was a good and cost effective plan and asked the City Commission to support the signing of the contract with the Endowment Association for this property at the southwest corner of Iowa and 21^st Street.

            Moved by Henry, seconded by Hack, to approve the ground lease and authorize the Mayor to sign the lease.  Motion carried unanimously.                                                         (15)

            David Corliss, Assistant City Manager, presented a staff report on a proposal received from LandPlan Engineering on behalf of the owners of the Westwood Hills development (located north and west of Free State High School).  Corliss stated the owners of Westwood Hills are requesting that the City purchase a right-of-way for the extension of Wakarusa Drive north of Overland Drive.  Corliss further explained, in exchange for the City purchase of the right-of-way, the developers will agree to the creation of a benefit district to share in the costs of a temporary extension of Wakarusa Drive which will connect with Queens Road. 

Corliss stated the right-of way has been dedicated and received for the extension of Wakarusa Drive north of Overland Drive with the exception of property currently owned by the World Company immediately north of Overland Drive.  The negotiated price for this parcel of right-of-way is $64,000.  The developers of Westwood Hills want to build Wakarusa Drive as soon as possible. 

Corliss said one question was why the City should buy this property now since it would be ultimately be dedicated through the development proposal.  He said staff thought that it made sense for the connectivity of the community to put in a temporary section of Wakarusa Drive from where Wakarusa Drive would end as a four-lane facility all the way to Queens Road.  He said this temporary connection is valued for traffic circulation purposes and as an alternative for local traffic during the construction of 6^th Street to begin next year.  The goal of staff was to facilitate the development and hold the City harmless financially as far as why would the City acquire right-of-way when the City did not need to. 

Corliss said, in summary, that this proposal has the City paying $64,000 and then recovering that cost from the Westwood Hills developer as part of the total cost (estimated cost of $150,000) to establish a temporary connection for the remainder of Wakarusa Drive to Queens Road.  The developer’s property would not normally pay any of these costs because it would ultimately be assessed for the permanent improvements.  He said permanent improvements were not recommended at this time because of some improvements to Queens Road which would impact property owners who are not yet seeking City development. 

            Mayor Rundle asked if this was the western leg that connected with Queens Road that involved the developer paying $64,000 of the estimated $150,000 for this temporary connection which involved two lanes.

            Corliss answered “yes.”         

            George Williams said the two lane temporary road would be pavement with no curbs and gutters.

            Rundle said normally costs would be assessed by a benefit district to the property for the first two lanes and the City would be recouping its costs.  When it goes to four lanes, the City would get involved in financing the additional two lanes.

            Corliss said the City was paying for a temporary facility that normally the City-at-large would pay.  Some of this road would be salvageable when the final permanent road is installed, but the City did not know when this road would be built.  Otherwise, you would have the concern about having the four-lane road as a dead end and it would not connect to the rest of the community until Westwood Hills was ready to develop.  There was also a desire to put a roundabout at the intersection of Queens Road and Wakarusa which would require additional right-of-way from the property owner on the west side of Queens Road and that property owner has not indicated that they were ready to develop.  He said while this was not the standard way the City extended roads, this proposal could work from staff’s viewpoint.

            Commissioner Dunfield said he assumed that in the engineering of this temporary road the goal would be to utilize as much of this road as possible in the final design of the four-lane road.

            Corliss said that should be the goal. 

            Rundle asked Corliss what parties were involved in the project.

            Corliss said the World Company which owned the right-of-way; the School District and City would be in the benefit district as adjacent property owners; Westwood Hills developers; and, Royal Investment.

                Moved by Hack, seconded by Kennedy, to directed staff to proceed with the concept as outlined by staff for plans to extend Wakarusa Drive north of Overland Drive.  Motion carried unanimously.                                                                                                                              (16)

            David Smith, Kaw Valley Living Wage Alliance, presented a report concerning the City’s tax abatement policy and expressed concerns about proposed Resolution 6343.  He was concerned about what the City should ask from companies that receive tax breaks to invest in Lawrence.  He said the Kaw Valley Living Wage Alliance believed these companies should pay their workers well enough to keep them out of poverty.  City tax policy should not encourage or subsidize poverty level jobs.  He said they were not proposing to raise the minimum wage in Lawrence in general, but rather that jobs created as a result of City tax policy should not worsen the problem of poverty in Lawrence.  The living wage defined by the Kaw Valley Living Wage Alliance was defined as a wage that was high enough to keep workers and their families above the federal poverty line. He asked that the City require tax-abated firms to pay their workers at least 30% above the federal poverty line for a family of three which was a standard approach.  He said this approach would translate into a wage floor of $9.14/hour plus benefits and in subsequent years, as the poverty line moves, that number would also increase.  The City Commission was scheduled to discuss the tax abatement policy at the next City Commission meeting.  He said their Alliance was intending to introduce two amendments to bring that proposed tax abatement policy into line with the concept of a living wage.  The first amendment would be to encourage the payment of the average wage or $9.14/hour whichever was higher.

The second issue was to focus on the issue of enforcement.  He said the Kaw Valley Living Wage Alliance had a concern about the current draft of the Tax Abatement policy which appeared to have a loophole for companies on paying the appropriate wage.  He stated the Kaw Valley Living Wage Alliance would ask that that loophole be stricken.  He also stated there were a number of people and organizations that supported their amendments to the proposed tax abatement policy.

            Graham Kreicker, an Alliance member and a retired business owner, said he was in favor of a living wage.  He was in favor of the position that any firm that received a tax abatement should pay a living wage.  He explained why the proposed amendments to the tax abatement policy were a good start for providing a decent living for working citizens.  He had a concern about the proposed clauses in the policy that permitted the City Commission to provide tax breaks to firms paying substandard wages and requested that those loopholes be deleted.    

            Jennifer McAdam, member of the Alliance’s steering committee, also was in favor of the proposition that a firm receiving tax abatements should pay a living wage.  She explained that a living wage was a wage that kept a family out of poverty.  Working men and women in Lawrence should be able to afford health care, childcare, and housing for their families.  According to a report by the National Low Income Housing Coalition, the hourly wage a person would need to earn to afford a two-bedroom apartment in Lawrence, Kansas was $10.92 per hour.  She said the Alliance’s proposal was modest while $9.14/hour lifted a family of three out of poverty, according to the federal poverty line, this wage would only cover a family’s basic needs.  She said there was a consensus among the taxpayers of Lawrence that the City was not willing to subsidize poverty wages.  Churches and Social Services especially understood the ramifications of this decision and were willing to support their efforts. There was a great deal of public support for the living wage.  She read to the City Commission a list of over twenty groups that supported their proposal such as churches, social services, business and labor organizations.           (17)

            Commissioner Henry said on the October 16, 2001, City Commission meeting, the commission voted to approve the rezoning and preliminary development plan for the Home Depot store on 31^st Street.  He said he thought it was appropriate to reconsider only the vote on the development plan to ensure the plan was the best for the site and the community.   He said the plan should not proceed without a condition that the cross-access easement be obtained to ensure the development had a connection to the Iowa Street frontage road.  He requested the City Commission to authorize an agenda item on the November 13, 2001, agenda to reconsider approval of the development plan with the understanding that he would make a motion to approve the development plan with the condition that the developer provide a cross-access easement agreement to the property to the west.   He stated the cross access easement was in staff’s original recommendations and conditions but it was deleted during the October 16^th meeting. 

            Moved by Henry, seconded by Hack, to direct staff to add an item to the November 13, 2001 City Commission agenda regarding reconsideration of the City Commission's October 16th approval of PDP 07-06-01 (preliminary development plan for a Home Depot store).  Motion carried unanimously                                                                                                                      (18)

            Hilda Enoch, Coalition for Homeless Concerns, said they had endorsed a need for a living wage in the Lawrence Community.  She informed the City Commission about a basic need that was not being met for the homeless community which was an evening shelter for the people that were turned away by the Salvation Army.    

            Moved by Henry, seconded by Kennedy, to adjourn at 8:00 p.m.  Motion carried unanimously.

                                                                                    APPROVED:

                                                                        _____________________________

Mike Rundle, Mayor

ATTEST:

 

___________________________________                                                                        

Frank S. Reeb, City Clerk

COMMISSION MEETING SEPTEMBER 25,  2001

1.                  Bid – Storm windows for Neighborhood Resources to Advanced Glass & Mirror for $27,574.87.

2.                  Bid – Attic insulation for Neighborhood Resources to Midwest Insulation for $9,258.

3.                  Bid – Weather-stripping for Neighborhood Resources to Master Plan Mgmt for $4,490.

4.                  Bid – Montana St., storm sewer repairs to Modern Engineering for $30,400. 

5.                  Bid – 2001 Sidewalk Repair to Penny Construction for $50,396.21.

6.                  Transportation – 4 Paratransit buses from Diamond Corp for $174,148.

7.                  Construction Contract Change Order – Air piping for Wastewater Treatment Plant  to Danis Environmental Industries for $37,018.  

8.                  Bid –  Requirement waived for George Williams Way to LRM for $150,952.70. 

9.                  Ordinance No. 7443 – 2^nd Reading, Text amendment 20-9A & 20-1709.2, revise flood plain development/mgmt requirements.

10.              Resolution No. 6348 – Amend Res. 6345, authorize improvement.

11.              Site Plan – (SP-08-61-00) Office/Warehouse, 911 E 11^th, extension of site plan approvals.

12.              Final Plat – (PF-09-08-01) Weilert Addition, Lt 2 & all Lts 3 & 4 in Centennial Park Add No. 2, 1.945 acres, NW corner of Iowa & W 9th

13.              Final Plat – (PF-09-29-01) E Hills Business Park, 48.783 acres, N of Dg Cnty Rd, E of Noria.

14.              Final Plat – (PF-09-12-01) Industrial Sq. One Nine No. 3,  a replat of Lts 3 & 4, Industrial Sq          . One Nine No. 2, 2.0138 acres, E side of Delaware, between 19^th & 22^nd.

15.              Fire/Med Station Improvement Plan – KU Endowment Assoc for 2.25 acres.

16.              Wakarusa N of Overland extension.

17.              Tax Abatement – Kaw Valley Wage Alliance.