November 20, 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 and Kennedy present.  Hack was absent.  Student Commissioners Raney and Weber were present.

With Commission approval Mayor Rundle proclaimed Friday, November 23, 2001, as “Salvation Army Christmas Kettle Kick-Off Day.”

As part of the consent agenda, it was moved by Dunfield, seconded by Kennedy, to approve the City Commission meeting minutes of November 13, 2001.  Motion carried unanimously.

As part of the consent agenda, it was moved by Dunfield, seconded by Kennedy, to approve the Sign Code Board of Appeals meeting minutes of September 6, 2001 and November 1, 2001; the Housing Trust Fund Board meeting minutes of October 29, 2001; and, the Lawrence Public Library Board meeting minutes of October 15, 2001.  Motion carried unanimously.

As part of the consent agenda, it was moved by Dunfield, seconded by Kennedy, to approve claims to 297 vendors in the amount of $1,094,588.94 and payroll from November 4, 2001 to November 17, 2001 in the amount of $1,190,180.97.  Motion carried unanimously.           

As part of the consent agenda, it was moved by Dunfield, seconded by Kennedy, to approve the purchase of Cisco Switches and Hubs for the Wastewater Treatment Plant Expansion Project from Comark in the amount of $19,288.  Motion carried unanimously.          (1)

The City Commission reviewed the bids for Investigation/Training Center security system for the Police Department.  The bids were:

As part of the consent agenda, it was moved by Dunfield, seconded by Kennedy, to award the bid to CI-3 Integrators, in the amount of $92,000.  Motion carried unanimously.        (2)

As part of the consent agenda, it was moved by Dunfield, seconded by Kennedy, to authorize the City Manager to negotiate a contract with Duncan and Associates for study on Adequate Public Facilities Regulations, with County sharing $6,600 of the cost.  Motion carried unanimously.                                                                                                                                      (3)

As part of the consent agenda, it was moved by Dunfield, seconded by Kennedy, to place on 1st reading Ordinance No. 7445, establishing a moratorium until April 1, 2002 on the issuance of building permits for property generally located in a certain portion of Old West Lawrence neighborhood.    Motion carried unanimously.                                                              (4)

As part of the consent agenda, it was moved by Dunfield, seconded by Kennedy, to place on 1^st Reading Ordinance No. 7446, establishing a moratorium until April 1, 2002 on the issuance of demolition permits for property generally located in a certain portion of Old West Lawrence neighborhood.   Motion carried unanimously.                                                         (5)

            Ordinance No.  7444, annexing approximately 2.95 acres, located north of West 15^th Street, west of Research Park Drive was read a second time.

As part of the consent agenda, it was moved by Dunfield, seconded by Kennedy, to adopt the ordinance.  Aye:  Dunfield, Henry, Kennedy, and Rundle.   Nay: None.  Motion carried unanimously.                                                                                                                                   (6)

            As part of the consent agenda, it was moved by Dunfield, seconded by Kennedy, to establish November 27, 2001 as the date for the public hearing date for Inverness Drive, 27^th to 24^th Place improvements.  Motion carried unanimously.                                                               (7)

            As part of the consent agenda, it was moved by Dunfield, seconded by Kennedy, to establish November 27, 2001 as the date for the public hearing date for Inverness Drive, 24^th Place to Clinton Parkway improvements.  Motion carried unanimously.                                       (8)

            As part of the consent agenda, it was moved by Dunfield, seconded by Kennedy, to establish November 27, 2001 as the date for the public hearing date for 24^th Place from Crossgate to Inverness Drive improvements.  Motion carried unanimously.                               (9)

            As part of the consent agenda, it was moved by Dunfield, seconded by Kennedy, to establish November 27, 2001 as the date for the public hearing date for drainage channel improvements between Crossgate and Inverness Drive.  Motion carried unanimously.             (10)

            As part of the consent agenda, it was moved by Dunfield, seconded by Kennedy, to sign a Subordination Agreement for Scott and Karen Johnson, 933 Pennsylvania.  Motion carried unanimously.                                                                                                                                 (11)

            Resolution No. 6349, establishing a special assessment benefit district for the sanitary sewer improvement at Westwood Hill, north and west of Free State High School was pulled from the consent agenda for discussion.

            David Corliss, Assistant City Manager/Legal Services Director, said the City received a letter from three of the property owners (Royal Investment Corporation), representing two of the properties that were in the proposed Westwood Hills Sanitary Sewer Benefit District.  The City had previously received a request for this benefit district and had been working to prepare this benefit district along with the coordination required for the County, Baldwin Creek Sanitary Sewer Benefit District which was to the south of this proposed benefit district.  Previously, the City Commission had approved a cooperation agreement between the City and the County on those improvements.  The property owners requested this item not to be considered because they believed several issues concerning the petition would be resolved during the months to come and could be placed on the City Commission agenda at that time. 

            Rundle asked Corliss if once the benefit district was established were letters sent to the proposed benefit district property owners.

            Corliss said these property owners participated in a petition for the improvement and were familiar with the requirements for forming a benefit district.  The City would design the benefit district and then it would be bid in coordination with the County’s work on Baldwin Creek.  A contract would then be signed and the work would proceed.

            Mayor Rundle asked about the percentage the property.

            Corliss said it was a minority percentage of the property, but did not know the exact number.

            Kennedy asked if these property owners (Royal Investment Corporation) had known about the formation of this benefit district and were requesting a thirty-day delay.

            Corliss said “yes.”  He said these property owners had signed the original petition.  One important aspect was that for sanitary sewer benefit district, a petition was not needed and could not protest out of the benefit district.  The assessment for this benefit district was established on a square footage basis.  He said he did not know why these property owners did not want this resolution adopted.

            Rundle asked what the next step would be in the process of the benefit district.

            Corliss said the next step would be to sign the contract with LandPlan Engineering to do the design work and then come back with bids for the project.  The City would then sign a contract with the successful bidder.

            Rundle asked if there would be a chance for delay at that stage.

            Corliss said the City Commission could approve this resolution and have staff write to the property owners that were concerned about this issue and find out their concerns.  He said the resolution could be amended if they objected.

            John Bush, representing the Westwood Hills Partnership, said the developer had purchased this property approximately two years ago.  They began a process that they thought the City would like to see.    This was parcel of ground and was brought in as one large parcel.  He said the developer had installed internal walking trails and greenspaces. This process has been on-going for more than twenty-four months and was costing the developer over $1,000 a day as this process went on.  He said thirty days deferment might not sound like much, but would cost the developer $30,000.  The property owners had agreed to this plan months ago and had enough time to raise any questions and had a concern about receiving this deferment the day it was to be before the City Commission.  He said a thirty-day delay was unreasonable.

            Bill Newsome, Southwind Capital, said he was representing his ownership group at 6^th and Wakarusa and the fifty-two acre development that was approved on a preliminary plat basis approximately three weeks ago.  Their development was a participant in the Baldwin Creek Sanitary Sewer District which Corliss explained went with this development to provide sewer to these areas.  He said they had worked with LandPlan Engineering on this plan and was an integral part of their overall development plan.  Like Westwood Hills Partnership, their investment was predicated on timeframes that were critical.  He said this benefit district had not been a secret and has been planned for months.  The person that had written the letter for deferment of the resolution has had months to raise any issues of concern.  He said it would not be reasonable or equitable to delay this development, especially because they had not provided an explanation.  Even if they had provided an explanation, what was required was the burden of proof was on the property owners that were asking for deferment.  The acreage of land that was in question was twenty acres out of one hundred and thirty.  Because of the timeframe for the request for delay, it would set a bad precedent for the City Commission.  He respectfully asked the City Commission to approve the Resolution No. 6349.

            Patrick Flavin said he was an involved member of Westwood L.L.C., said they were not given any indication that there was a problem with this benefit district.  He said they had been compliant to date and had invited the City numerous times to participate in the planning of this benefit district.  He requested the City Commission look at this delay and approve the resolution.

            Rundle said the letter said, “We believe several issues pertaining to this Petition will be resolved during the next month.”   He said he would be willing to hear what those issues were, but was not a compelling argument to defer the resolution.

            Moved by Dunfield, seconded by Henry, to adopt Resolution No. 6349, establishing a special assessment benefit district for the sanitary sewer improvement at Westwood Hill, north and west of Free State High School.  Motion carried unanimously.                                             (12) 

            Mike Orth, Black and Veatch, presented a power point presentation on the update of the Bowersock Dam Project.  He said they were at a point to where they could make a more formal observation of the structure.  They had made some significant field investigation work now that the causeway was extended and had better access to the site to identify some of the issues that were at this site.  He said they had planned on replacing approximately three hundred total feet of sheet piling.  They had found that the existing sheet piling was not driven to the correct depth to retain the rubble that was there.  As they pulled some of the sheeting, the dam was not sufficiently supported.  The depth to bedrock was approximately thirty feet and currently had eighteen to twenty feet sheets that were not driven to the bedrock.  Their proposed configuration was to take these sheets thirty feet down to the bedrock to create a stable environment.  He said the causeway was built to hold equipment that was used for repairs to the dam and this was the reason for the additional cost to the dam.  He said he did not want to leave the City Commission with the impression that this was an all-inclusive cost, because there were still were unknowns.  He said they did not now what would happen in the riverbed on the south end of the project.  He said their diving inspection had found an eighteen-foot wide by eight feet tall, by 7 feet deep void in the southern most portion of the dam.  When you consider this portion of the dam was only fifteen to twenty feet deep that was a significant hole in the apron.  At this time, they would like to repair this void.  Weather was another issue; they were coming up on a colder time period and would impact some means and methods of construction.  He said they were looking forward to completing the project as expeditiously as possible. 

            Henry asked if all the sheeting completed up to section eight was to the bedrock.

            Orth said the sheets that were completed to section six were bedrock.

            Rundle asked if the formation of ice on the river would present challenges.

            Orth said “yes.”  There could be potential that large ice flows could takeout some of those temporary supports.

            Rundle said as he understood, the southern portion of the dam would be large boulders or would there be other interventions on that section of the dam.

            Orth said the intervention they were talking about was the hole in southern portion of the dam and should be fixed by a temporary form that was underwater.   He said the fix was easy, getting there was the cost associated with fixing the void in the dam.  If the City Commission decided approve the extension of the causeway out to section 10 to fix the void, that was a whole different means and methods towards the construction.  The critical need at Bowersock Dam was associated with the Kaw Water Treatment Supply. 

            Mike Wildgen, City Manager, said he has not been happy with the cost, but it was a rare opportunity to do this project.  The City does not get in the position to fix this type of problem often.  He said the City was in a position to fix the dam for fifty to sixty years and thought it was appropriate to approve the additional cost.

            Rundle asked what were the odds that the conditions could completely interrupt this project.

            Orth said he could not answer that question.  It was depending on what  Mother Nature had in store for them. 

            Rundle concurred with Wildgen, he said the City has gotten by for a number of years and this work was needed to stabilize the dam and was a critical component to be able to get enough water out of the Kaw River.

            Dunfield said clearly it was an important piece of infrastructure and now that the dam was easier to view, there were some fairly serious-looking problems down there.  Once we had started the repair, we needed to finish it.

            Henry said the dam needed to be finished as soon as possible.

            Kennedy said repairing the dam would cost more in the future.

                Moved by Kennedy, seconded by Henry, to authorize the City Manager to sign a change order to the construction contract for additional renovation work on the Bowersock Dam. Motion carried unanimously.                                                                                                         (13)

            Commissioner Dunfield asked for a discussion on the snow removal ordinance.  He said this was an issue that was discussed last spring.  Last winter the City had an unusually high snowfall and as a result, had a large number of complaints from the public about sidewalks not being cleared.  At that time, they asked for a report concerning other cities and what they had done about their snow removal.  It appeared, after reviewing this report, Lawrence was unusual in not specifically requiring property owners to clear snow from sidewalks.  This issue was brought back to the City Commission because we were getting back into that season where the City would be hearing those same complaints from citizens.  He asked if the City Commission would like to bring a snow removal ordinance back for public discussion and possible passage that would make it clear that it was the responsibility to remove snow of the sidewalks whether in commercial or residential districts and to also look at the enforcement issues.  He said some cities have city crews clear sidewalks if there were complaints generated.  His own view was that Lawrence’s City crews were sufficiently busy at those times with the streets.  He suggested enforcing this ordinance like the enforcement of other environmental issues through complaints and enforcement with a series of fines rather than the City doing the work.

            Rundle concurred with Dunfield.  Sidewalks were part of our transportation system.  He said it would be good to step up our enforcement and make it clearer.  He said there were citizens who were unable to clear their walks, but it would be a volunteer opportunity to step up and try to address those needs.

            Dunfield said he was glad Rundle mentioned the transportation system aspect because a number of complaints last winter were from people who were using the new bus system and stepping of the bus into snow drifts. 

            Henry said he appreciated Dunfield’s recognition of this issue.  It was unfortunate that the City needed to come to the point of legislating good neighborliness. 

            James Dunn, 936 Kentucky, said he wanted to comment relative to staffing.  He said as being a landlord and maintaining property for many years was quite a process.  He said it was not a staff infrastructure to provide snow removal.  He was frustrated with the snow removal in the commercial district.    

            Art Schmidt had a concern about the snow being cleared by City workers and the cost associated with snow removal.                                                                                            (14)

            Art Schmidt had a concern about the loud sound amplification ordinance.   He said the City of Olathe had a noise ordinance and charged $50 first offence, $250 the second offence and $500 for the third offense.  He requested the City Commission increase the fines.    

            Moved by Dunfield, seconded by Kennedy, to adjourn at 7:30 p.m.   Motion carried unanimously.   

                                                                                                APPROVED:

                                                                                    _____________________________

            Mike Rundle, Mayor

ATTEST:

 

___________________________________                                                                       

Frank S. Reeb, City Clerk

COMMISSION MEETING November 20, 2001

1.                  Wastewater Treatment Plant Expansion Project – Cisco Switches and Hubs to Comark for $19,288.

2.                  Bid – Security System for Police Dept. Investigation/Raining Center to CI-3 Integrators for 92,000.

3.                  Contract – Study on Adequate Public Facilities Regulations to Duncan & Assoc. for $6,600.

4.                  Ordinance No. 7445 – 1^st Reading, Moratorium on issuance of bldg permits for Old W Lawrence Neighborhood.

5.                  Ordinance No. 7446 – 1^st Reading, Moratorium on issuance of demo permits for Old W Lawrence Neighborhood.

6.                   Ordinance No. 7444 – 2^nd Reading, Annex 2.95 acres, N of W 15^th, W of Research Park Dr.

7.                  Public Hearing – Inverness Dr., 27^th to 24^th improvements, Nov 27, 2001.

8.                  Public Hearing – Inverness Dr., 24^th Pl. to Clinton Pkwy improvements, Nov 27, 2001.

9.                  Public Hearing – 24^th Pl. from Crossgate to Inverness Dr., improvements, Nov 27, 2001.

10.              Public Hearing – Drainage Channel Improvements between Crossgate & Invernsss.

11.              Subordination Agreement – 933 Penn, Scott & Karen Johnson

12.              Resolution No. 6349 – Special Assessment Benefit District – Sanitary Sewer, Westwood Hill, N & W of Free State H.S.

13.              Bowersock Dam – Change Order to the contract for additional work.

14.              Snow removal discussion.