April 2, 2002
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 Hack presiding and members Dunfield, Henry, and Kennedy present. Commissioner Rundle was absent.
Mayor Hack proclaimed the week of April 1 – 7, 2002 to be “National Community Development Week”; the week of April 7 – 13, 2002 to be “International Building Safety Week”; the month of April, 2002 to be “Fair Housing Month”; the month of April, 2002 to be “Mathematics Awareness Month”; and, the month of April, 2002 to be “Sexual Violence Awareness Month.”
As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to approve the City Commission meeting minutes of March 26, 2002. Motion carried unanimously.
As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to approve the Mechanical Code Board of Appeals meeting minutes of September 27, 2002; the Recycling and Resource Conservation Advisory Board meeting minutes of February 13, 2002; the Lawrence – Douglas County Housing Authority Board meeting minutes of February 26, 2002; and, the Lawrence Convention & Visitors Bureau Advisory Board meeting minutes of February 26, 2002. Motion carried unanimously.
As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to receive the monthly activity report for February – March 2002, from the Lawrence Douglas County Economic Development Board. Motion carried unanimously.
As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, approve claims to 356 vendors in the amount of $1,085,808.56. Motion carried unanimously.
As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to adopt the walk on item Resolution No. 6373, authorizing $300,000 in general obligation bond authority for resurfacing 6th Street, Monterey to Wakarusa. The City Commission earlier approved the KLINK Connecting link project. A bond resolution is now needed as the City prepares for the Spring bond and note sale. Motion carried unanimously.
As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to set bid date of April 16, 2002 for the 2002 Overlay and Curb Repair, Phase 1. Motion carried unanimously. (1)
As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to authorize the City Manager to execute the engineering design contract with Bartlett & West Engineers, Inc., for O’Connell Road, 23rd to 31st Streets, in the amount of $250,108.81. Motion carried unanimously. (2)
The City Commission reviewed the bids for one (1) 11-foot, high capacity mower, for the Parks & Recreation Department. The bids were:
BIDDER MONTHLY PAYMENT FOR 36 MONTHS
TPEC $1,045.05
Great American Turf $1,047.05
Turf Technology $1,051.00
Heritage Tractor $1,062.54
Deems $1,081.20
LL Johnson Distribution $1,140.03
Midwest Turf & Irrigation $1,635.00
Reynolds Lawn & Leisure No Bid
As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to award the bid to TPEC, in the amount of $1,045.05. Parks & Recreation also recommended purchasing the extended warranty costing $921 for an additional 1800 hours of equipment operation. Motion carried unanimously. (3)
As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to adopt on first reading Ordinance No. 7513, establishing approximately 50 feet of additional “no parking” along the west side of Sunset Drive, north of Cambridge Road. Motion carried unanimously. (4)
As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to adopt on first reading Ordinance No. 7514, establishing a “35 mph speed limit” on Harper Street, between 19th Street and 23rd Street. Motion carried unanimously. (5)
Ordinance No. 7510, rezoning properties generally located south of West 6th Street, west of the centerline of Illinois Street, north of the centerline of West 9th Street, and east of the centerline of Michigan Street from RM-D to RS-2, 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, Hack, Henry and Kennedy. Nay: None. Motion carried unanimously. (6)
Ordinance No. 7511, requiring the recording of non-conforming uses in the properties generally located south of West 6th Street, west of the centerline of Illinois Street, north of the centerline of West 9th Street, and east of the centerline of Michigan Street from RM-D to RS-2, 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, Hack, Henry and Kennedy. Nay: None. Motion carried unanimously. (7)
Ordinance No. 7512, allowing the sale, possession and consumption of alcoholic beverages in Burcham Park, Saturday, April 20, 2002, 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, Hack, Henry and Kennedy. Nay: None. Motion carried unanimously. (8)
As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to adopt Resolution No. 6371, authorizing the public sale on April 23, 2002 of approximately $10,200,000 principal amount of general obligation temporary notes, series 2002-I; approximately $10,140,00 principal amount of general obligation bonds, series 2002-a; and, approximately $2,130,000 principal amount of general obligation refunding bonds, series 2002-a. Motion carried unanimously. (9)
As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to adopt Resolution No. 6372, authorizing $600,000 in general obligation bond authority for main traffic way improvements: Lawrence Avenue, 6th to Princeton; Clinton Parkway, Hartford to Inverness; Iowa, 6th to 19th; 15th, Iowa to Engel; and 15th, Cadet to east city limits. Motion carried unanimously. (10)
As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to concur with the Planning Commission’s recommendations to adopt the findings of fact and approve the request to rezone Lot 1, Block 1, Belmont Addition, from C-4 (General Commercial District) to RS-2 (Single-Family Residence District). The property is addressed as 1201 East 13th Street; and, direct staff to prepare the appropriate ordinance. Motion carried unanimously. (11)
As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to approve the site plan (SP-02-11-02) for a clubhouse addition at Heatherwood Apartments, located at 1940 Heatherwood Drive, subject to the following conditions:
1. Submission of a revised site plan indicating:
a. All existing carports and trash enclosure locations;
b. Any additional parking spaces reserved for clubhouse use;
c. Indicate in note 2 that the property is zoned RS-2 with PUD overlay;
d. Topography by contour lines of not more than 2 feet intervals;
e. Drainage flow should with directional arrows;
f. Proposed location, direction, and amount of illumination of lighting;
g. A note listing appropriate compliance with the ADA;
h. All trash enclosures that are in disrepair will be repaired as part of this project;
i. A note indicating that parking lot pavement and broken curs will be repaired/replaced as part of this project; and,
2. Execution of Site Plan Performance Agreement.
Motion carried unanimously. (12)
As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to approve the total expenditure of $68,000 for the remediation of the existing fuel tanks at the City maintenance shop, located at 11th Street and Haskell. Motion carried unanimously. (13)
As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to authorize the Mayor to sign a Subordination Agreement for Aaron and Khalila Blosser, 1226 Connecticut. Motion carried unanimously. (14)
Mayor Hack presented a walk-on item concerning Resolution No. 6373.
As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to adopt Resolution No. 6373, authorizing $300,000 in general obligation bond authority for the resurfacing of 6th Street, Monterey Way to Wakarusa Drive. Motion carried unanimously. (15)
Mike Wildgen, City Manager, informed the City Commission that staff completed an application to FEMA and the City will be reimbursed $132,060 for public assistance for the ice storm that impacted the Lawrence area on January 30th & 31st, 2002.
Wildgen said related to the ice storm, HUD has reduced the local match reduction request which allows for 100% reduction of the City’s HOME match liability for the remainder of fiscal year 2002 and all of fiscal year 2003.
Chuck Soules, Director of Public Works, presented the staff report to consider approving the submittal of three intersections: 7th Street and Kentucky, 15th Street and Engel Road, and 31st Street and Neider Road, for the Federal-Aid Safety Program for Fiscal Years 2004 and 2005. It is a 90/10 split if funded. Other recent projects funded under this program are 23rd Street and Barker Avenue and 27th Street and Iowa, both currently under construction. The three intersections are on the top of the priority list for signalization within the City of Lawrence.
Mayor Hack asked what type of criteria is looked at when approving or disapproving a project like this.
Soules said staff looks at minimal vehicle volume; interruption of continues traffic; peak volumes for pedestrian moments; and, other criteria. He said staff also looks at crashes per thousand vehicles. These three intersections have a high ratio that will give a high cost benefit ratio if the improvements are approved.
Commissioner Kennedy said there is a temporary fix at 7th and Kentucky Street by the post office using a divided median. He said the intersection would be monitored for accident occurrences.
Mayor Hack asked if the City had positive comments from that project.
Mike Wildgen, City Manager, said the Post Masters are pleased with this project. People are learning new traffic movements for the peak hours at that intersection and hopefully it reduces the amount of accidents.
Commissioner Dunfield said recently there has been discussion concerning the different alternatives for the intersection at 15th and Engel Road. Dunfield asked if this application obligates the City Commission to a particular solution.
Soules said “no”. If the project is funded, a study is done first and then recommendations will be made to the City as to what they believe will be the best solution to the problems that exist at that intersection.
Wildgen said he has provided this information to KU so they know that there may be some possibility of financing. There is not a set solution. If this intersection is funded, it will be studied first for solutions.
Moved by Henry, seconded by Kennedy, to approve the submittal of three intersections: 7th Street and Kentucky, 15th Street and Engel Road, and 31st Street and Neider Road, for the Federal-Aid Safety Program for Fiscal Years 2004 and 2005. Other recent projects funded under this program are 23rd Street and Barker Avenue and 27th Street and Iowa, both currently under construction. Motion carried unanimously. (16)
During Commission Items on the City Commission agenda, Commissioner Dunfield said he knows that the Neighborhood Resources Department has been working on the question of egress windows and how they relate to existing housing stock as part of the rental inspection program. Dunfield said he has reviewed the memo from Victor Torres, Director of Neighborhood Resources, and it was a very thoughtful review of that issue and the proposal seems appropriate.
Wildgen said the Neighborhood Resources Advisory Board will review the proposal and the proposal will eventually be brought to the City Commission for recommendation to amend the code.
Commissioner Kennedy asked if the Neighborhood Resources Advisory Board would be bringing a proposal to the City Commission to amend the code.
Wildgen said “yes”. The Neighborhood Resources Advisory Board cannot make variance, but they can determine whether the interpretation is appropriate, but they cannot vary the code. He said this was an issue that appeared to be best for the Commission to amend the code. He said the code is often amended for local conditions.
Commissioner Kennedy said it was pre-existing conditions for some homes would be left as is, but any new construction would need to meet the current standards.
Wildgen said “yes.” This condition mainly dealt with historic and older homes, but if a basement in one of these homes is a life safety hazard, it needs to be addressed.
Commission Dunfield said a lot these cases have to do with the style, especially in the 50’s and 60’s where the window was actually higher than is technically allowed by code, but did not represent a life threatening condition.
Commissioner Kennedy acknowledged the report on the Eagle Bend Golf Course on the rounds of golf played this year and how it would make payments easier.
Mayor Hack commented on the weekend activity concerning the K.U. basketball team and was pleased to understand and confirm that due to cooperation with the University, the City, Sheriff’s Department, Highway Patrol and the Emergency Preparedness that it was a calm weekend as opposed to what was going on in Indiana and Maryland.
Moved by Kennedy, seconded by Dunfield, to adjourn at 7:30 p.m. Motion carried unanimously.
APPROVED:
_____________________________
Sue Hack, Mayor
ATTEST:
___________________________________
Frank S. Reeb, City Clerk
1. Bid Set – 2002 Overlay & Curb Repair, Phase 1, April 16, 2002.
2. Engineering Design Contract – Bartlett & W Engineers for O’Connell Rd, 23rd to 31st for $250,108.81
3. Bid – One 11’, High capacity mower to TPEC for $1,045.05 & extended warranty for $921.
4. Ordinance No. 7513 – 1st Reading, 5’ “no parking” along W side of Sunset, N or Cambridge.
5. Ordinance No. 7514 – 1st Reading, “35 mph speed limit” Harper, between 19th & 23rd.
6. Ordinance No. 7510 – 2nd Reading, S of W 6th, W of centerline of Illinois, N of centerline of W 9th & E of centerline of Michigan from RM-D to RS-2.
7. Ordinance No. 7511 – 2nd Reading, non-conforming uses, S of W 6th, W of centerline of Illinois, N of centerline of W 9th & E of centerline of Michigan from RM-D to RS-2.
8. Ordinance No. 7512 – 2nd Reading, alcohol sale Burcham Park, April 20, 2002.
9. Resolution No. 6371 – Public sale, April 23, 2002, for $10,200,000 GOB.
10. Resolution No. 7372 – Authorize $600,000 GOB for main trafficway.
11. Rezone – Lot 1, Blk 1, Belmont Addition, C-4 to RS-2.
12. Site Plan – (SP-02-11-02) clubhouse addition, Heatherwood Apts, 1940 Heatherwood Dr.
13. Fuel Tank maintenance – $68,00 for remediation, 11th & Haskell.
14. Subordination Agreement – 1226 Connecticut, Aaron & Khalila Blosser.
15. Resolution No. 6373 – GOB, $300,000 for resurfacing 6th, Monterey Way to Wakarusa.
16. Submittal 3 Intersections – 7th & Kentucky; 15th & Engel & 31st & Neider.