April 23, 2002
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 Hack presiding and members Dunfield, Henry, Rundle, and Kennedy present.
Mayor Hack proclaimed April 25, 26, and 27, 2002 to be the “Annual Altrusa District Eight Conferences”; Saturday, April 27, 2002 to be “Lawrence Municipal Airport Open House”; the week of April 22 – 26, 2002 to be “Tree City USA Week”; Friday, April 26, 2002 as “Arbor Day; the month of May, 2002 to be “Bicycle Safety Month”; and, the week of May 13 – 17, 2002 to be “Bike-to-Work Week.”
As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to approve the City Commission meeting minutes of April 16, 2002. Motion carried unanimously.
As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to approve the Planning Commission meeting minutes of March 27, 2002; the Sister Cities Advisory Board meeting minutes of March 13, 2002; and, the Parks & Recreation Advisory Board meeting minutes of March 12, 002. Motion carried unanimously.
As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to approve claims to 367 vendors in the amount of 1,509,276.92 and payroll from April 7, 2002 to April 20, 2002 in the amount of $1,244,682.60. Motion carried unanimously.
As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to approve the Drinking Establishment License for Set’em Up Jacks, 1800 East 23rd, Ste: G (Contingent Upon State License); Chipotle Mexican Grill, 911 Massachusetts (C-3 Zoning); and, Ixtapa of Lawrence, 2016 West 23rd, Ste: B. Motion carried unanimously.
As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to concur with the recommendation of the Mayor and: appoint Brad Finkeldei and Jo Bryant to the Special Alcohol Fund Advisory Board for three-year terms, which will expire on April 30, 2005; appoint Charles Briscoe to the Special Alcohol Fund Advisory Board to fill the un-expired term of Carl Baswell, which will expire on April 30, 2002; reappoint Chrisy Khatib to the Special Alcohol Fund Advisory Board for a second term, which will expire on April 30, 2005; appoint Jim Carpenter to the Board of Plumbers and Pipefitters for a three-year term which will expire on April 30, 2005; reappoint Craig Penzler and Jill Fincher to the Lawrence Public Library Board for four year terms which will expire on April 30, 2006; reappoint Jeremy Anderson and Paul Graves to the Traffic Safety Commission for three year terms which will expire on April 30, 2005; and appoint Brian Edwards to the Traffic Safety Commission for a three year term, which will also expire on April 30, 2005. Motion carried unanimously.
As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to set a bid date of May 14, 2002, 2:00 p.m., for the Neighborhood Resources projects of the Ballard Community Center Electrical System Upgrade at 708 Elm, and the Hearthstone Bathroom Renovation at 745 Ohio. Motion carried unanimously. (1)
As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to declare surplus property from various City Departments and establish May 4, 2002 as the public auction date for the surplus property. Motion carried unanimously. (2)
The City Commission reviewed the bids for the 2002 Overlay & Curb Repair Program for the Public Works Department. The bids were:
BIDDER BID AMOUNT
Engineer’s Estimate $392,255.00
LRM Industries, Inc. $316,410.90
Blacktop Paving & Construction $319,800.26
R.D. Johnson Excavating $343,424.26
As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to award the bid to LRM Industries, Inc., in the amount of $316,410.90. Motion carried unanimously. (3)
The City Commission reviewed the bids for one skit steer loader for the Public Works Department. The bids were:
BIDDER BID AMOUNT
Kan-Equipment, Inc. $31,450.00
KC Bobcat, Inc. $38,396.16
Victor L. Phillips No Bid
Murphy Tractor & Equipment No Bid
Van Keppel Co. No Bid
Berry Tractor No Bid
As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to award the bid to KC Bobcat, Inc., in the amount of $38,396.16 because Kan-Equipment, Inc., did not meet bid specifications. Motion carried unanimously. (4)
As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to approve the purchase of the real property at 917 East 12th Street for $60,000 and 905 East 13th Street for $44,500 for the 13th and Oregon stormwater project. Motion carried unanimously. (5)
As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to authorize the Housing Trust Fund Board to solicit a Request for Proposals for the award of approximately $65,000 in Housing Trust Fund monies. Motion carried unanimously. (6)
As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to place on first reading Ordinance No. 7523, rezoning (Z-12-42-01) approximately 5.036 acres from RM-1 (Multiple Family Residence District) to RO-1B (Residence Office District). The property is generally located at 4340 West 6th Street. Motion carried unanimously. (7)
Ordinance No. 7521, rezoning (Z-11-50-00) approximately 144.74 acres, from A (Agricultural District), I-3 (Heavy Industrial District), and RS-2 (Single-Family Residence District), to M-2 (General Industrial District), was read a second time. The property is generally located between East 8th Street and East 11th Street, and is the site of the Wastewater Treatment Plant. As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to adopt the ordinance. Aye: Dunfield, Hack, Henry, Kennedy, and Rundle. Nay: None. Motion carried unanimously. (8)
As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to concur with the Planning Commission’s recommendations to adopt the findings of fact and approve the request for rezoning (Z-11-41-01) Lots 3-8, (inclusive) Commerce Plaza Addition along the northeast quadrant of South Iowa on 31st Street from C-4 and C-5 (General Commercial and Limited Commercial Districts) to PCD-2 (Planned Commercial District); and, direct staff to prepare the appropriate ordinance. Motion carried unanimously. (9)
As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to approve a Temporary Use Permitted Upon Review (TUPR-04-22-02) for the ground blessing ceremony at St. Lawrence Catholic Campus Center located at 1635 Engel Road on May 18, 2002, from 3:00 p.m. – 9:00 p.m., subject to the following conditions:
1. Occupant load at the Center must not be exceeded; and,
2. If grass is torn up due to weather, must reseed lawn and clean-up mud from streets.
Motion carried unanimously. (10)
As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to approve the site plan (SP-01-06-02) for KANU Facility, located at 1120 West 11th Street, subject to the following conditions:
1. Submission of a revised site plan indicating:
a. Show proposed location, direction, and amount of illumination of lighting, including proposed screening and glare prevention.
b. Note indicating requirement to replace cracked concrete aprons.
2. Execution of Site Plan Performance Agreement.
Motion carried unanimously. (11)
As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to approve the site plan (SP-03-17-02) for Cactus Club, located at 534 Frontier Road, subject to the following conditions:
1. Submission of a revised site plan indicating:
a. Show proposed location, direction, and amount of illumination of lighting, including proposed screening and glare prevention.
b. Note indicating requirement to replace cracked concrete aprons.
2. Execution of Site Plan Performance Agreement.
Motion carried unanimously. (12)
As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to approve the submittal of the Five Year Plan to KDOT for funding projects in the Fiscal Years 2003 – 2007. Motion carried unanimously. (13)
As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to authorize the Mayor to execute a Cooperation Agreement with Wakarusa Township, establishing maintenance responsibilities for certain roads which comprise common boundaries. Motion carried unanimously. (14)
As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to authorize the Mayor to sign a Release of Mortgage for William and Alietha Beckman, 1123 Connecticut. Motion carried unanimously. (15)
As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to authorize the Mayor to sign a Release of Mortgage for William and Alietha Beckman, 1129 Connecticut. Motion carried unanimously. (16)
As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to authorize the Mayor to sign a Release of Mortgage for William and Alietha Beckman, 1501 Harper. Motion carried unanimously. (17)
As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to authorize the Mayor to sign a Release of Mortgage for Concept IV, 741 – 745 Connecticut. Motion carried unanimously. (18)
As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to authorize the Mayor to sign a Release of Mortgage for James and Nancy Dunn, 1045 Rhode Island. Motion carried unanimously. (19)
As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to authorize the Mayor to sign a Release of Mortgage for R & M Investments, 938 Rhode Island. Motion carried unanimously. (20)
As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to authorize the Mayor to sign a Release of Mortgage for Gordon Sailors and Paula Kellogg, 1135 - 37 New York. Motion carried unanimously. (21)
As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to authorize the Mayor to sign a Release of Mortgage for Harold and Caroline Shephard, 1446 Maple Lane. Motion carried unanimously. (22)
As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to authorize the Mayor to sign a Release of Mortgage for Ten Forty Two Partnership, 1042 Ohio. Motion carried unanimously. (23)
As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to authorize the Mayor to sign a Release of Mortgage for Ronald and Linda Wright, 1211 Almira. Motion carried unanimously. (24)
As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to authorize the Mayor to sign a Release of Mortgage for Robert and Debra Morgan, 907 Ward. Motion carried unanimously. (25)
As part of the City Manager’s Report, Ed Mullins, Finance Director, presented a summary of the 2002 First Quarter Financial Report for the City of Lawrence. He said Lawrence’s economy is impacted by the state and national economy. Gasoline prices and the increase in long-term interest rates have discouraged the consumer to purchase goods as well as businesses from making investments.
Mullins said short-term interest rates are low because the Federal Reserve has not started to increase rates. The State is still in a budget crisis and will meet in May to discuss their budget. He said more than likely, the budget would include some kind of decrease in demand transfers which include Local Ad Valorem Tax Reduction monies and State Revenue Sharing.
Mullins presented a summary of the fund analysis which included the General, Recreational, Transportation, and Enterprise Funds. He said overall the revenue sources and expenditures were close to expectations with the exception of interest earnings and the unknown impact on State demand transfers.
Commissioner Henry asked Mullins if the fund balances were declining and was that one of the factors Moody’s uses in giving an “AA” rating.
Mullins said Moody’s could look up to the year 2001. The City did not have final audited numbers. The City gives Moody’s an estimate which indicated that the City saw a slight increase in the fund balance. He said the fact that the City had a healthy fund balance was a big consideration in Moody’s rating.
Mayor Hack said she wanted to thank Mullins for the time spent gathering information for the City Commission. She said the information was clear and extremely helpful. (26)
Margene Swartz, Neighborhood Resources, Community Development Manager, presented the 2002 Annual Update of the Consolidated Plan. She said the City is required to submit a Five Year Consolidated Plan to HUD each year regarding the CDBG and the HOME Programs. This is the fourth year annual update action plan of the Five Year Consolidated Plan that was previously adopted. The plan discusses housing, community development needs and priorities for the community. The Investment Summary details the activities that had been recommended for funding to address those needs. The priorities are determined by the assessment of needs and which prior activities had been completed. The Neighborhood Resources Advisory Committee made the final recommendation for CDBG and HOME Programs with input from the Practitioners Panel and the public and direction from the annual study session with the City Commission. As previously directed by the Commission, the advisory committee paid special attention to the Step-up to Better Housing strategy that was previously adopted. Other information was the Homeless Count Survey in December of 2001. The advisory committee conducted a hearing on April 11, 2002, which opened the thirty day written comment period and would end May 11, 2002. She said the next step in the process is adoption of the resolution that authorizes submission of the plan which includes the investment summary.
Mayor Hack encouraged the public to provide comments prior to May 11, 2002.
Vice Mayor Dunfield said the lack of argument is a testament to the amount of work that has been done to get the City to this point.
Commissioner Kennedy said he had served on the CDBG Advisory Board and knew how much fun it was to challenge other ideas and thoughts to ensure that we provide appropriate funding for needed special agencies in our community.
Moved by Kennedy, seconded by Henry, to adopt Resolution No. 6377, authorizing the Mayor to execute agreements for the 2002 CDBG and HOME programs and other such documents as may be required to be submitted to the U.S. Department of Housing and Urban Development for such programs. Motion carried unanimously. (27)
Marci Francisco, Housing and Credit Counseling Board Member, presented information on the Housing and Credit Counseling, Inc.’s funding request. She thanked the Commission for approving the Consolidated Plan because it included funding for HCCI that will begin August 1, 2002. She said years ago the City asked HCCI to open an office in Lawrence after Consumer Affairs had closed. She said the City offered General Funds in support. Since that time, HCCI has received funds from either or both CDBG or the General Fund. This past budget year, during review, the City Commission decided not to fund any outside agencies that had not received funds the previous year which was the case for HCCI. She said the City Commission also approved recommendations from CDBG that did not cover the expenses for the year. Since the City was on a January 1 fiscal year and CDBG funds were on a August-August funding cycle, the funding is always different and decisions are not made at the same time. She said there is a gap of approximately $13,000 to cover the expenses between now and the start of the next CDBG cycle. She asked the City Commission to authorize the funds to fill that gap.
Francisco said she believes the Landlord/Tenant Counseling is an important service for Lawrence. She said the latest census information indicated 50% of housing was rental housing in Lawrence. The overhead cost to fund this branch office in Lawrence is considerably lower than the cost would be to run such a service as a stand-alone agency and the quality of service is higher.
Francisco said they were coming up to the time of the year when the services are particularly needed because so many leases turn over between May 1st and August 1st. She said members of the HCCI Board have asked the K.U. Student Senate to help fund this program for the past three years. She said their reply has been that Legal Services for Students offered the same type of service and would be a duplication of services. However, Legal Services for Students is only available to students if they are enrolled. In the time between the spring semester and summer school and summer school and the all semester, if students have a problem with their leases, they cannot go to Legal Services for Students. She said she did know that the student representatives now meet regularly with the City Commission and would certainly appreciate the Commission brining up this question because it seemed like a logical place for funding. She said HCCI still remains without the funding to continue these services between now and August 1st.
Cornell Mayfield, HCCI Counselor, said he attended most of the Neighborhood Resources Board meetings and commended them for all their hard work. He said he wanted to thank the City Commission for their past support and hoped they would consider their request.
Commissioner Rundle said he has been thinking about this request in the large context of looking at funding of outside agencies from the General Fund. He proposed developing criteria that the Commission might use in considering future requests. These would include:
1. Does this help meet a City Commission or community goal?
2. Does this funding provide for a need in the community that is otherwise unmet?
3. Does this provide for some gap in service?
4. Would it leverage outside funds?
He invited the Commission to add to this list. He said HCCI met some or all of these criteria. He concurred with Francisco concerning the leveraging of outside funds. If the City had to provide this type of service, the City would have to pay for a receptionist and other functions this agency provides.
Rundle said as far a providing a need in the community, the City invited HCCI to come to Lawrence when Consumer Affairs closed their doors. Another reason this service is needed is because Legal Aid Services are not available for students when the semester ends and this is a resource that can fill that gap. Landlords find HCCI valuable and the services are utilized in the community.
Commissioner Rundle said because the office is closed in Lawrence, obviously there was a gap. He said he supported the funding request.
Commissioner Henry said he appreciated Commissioner Rundle’s thoughtful and in-depth approach to reviewing this issue.
Mayor Hack asked if there were other grant sources other than CDBG Funds.
Heather Cafferty, Housing Division Manager, HCCI, said in Lawrence they receive United Way and CDBG Funding and are working with the Public Housing Authority.
Mayor Hack said the last time this issue was discussed she asked for additional financial and budget information. She asked if there was other financial information submitted other than a couple of pages from the outside agency request for 2002
Cafferty said she could send information on Wednesday.
Commissioner Kennedy said just as Commissioner Rundle has commented, it is an agency that provides vital support for the counseling of tenants and landlords when there is a dispute over legal issues on both sides. He said this issue has been in front of the Commission before and realizes HCCI’s funding sources were difficult to analyze. He said he would like the City to help fund HCCI and asked staff where the funds would come from.
Mike Wildgen, City Manager, said since this was not budgeted, funds would come out of the General Fund.
Mayor Hack asked what was the total dollar amount HCCI was requesting.
Mayfield said the request was for $13,109.
Commissioner Rundle asked if there was an adjustment since the office has been closed for a couple of months.
Cafferty said they have continued to provide the services out of Topeka.
Mayor Hack asked if the request for $13,000 was to begin January 1, 2002, through the end of the year, and now it was approaching May 1, 2002, would they still need the $13,000.
Cafferty said “yes.” She said they were dipping into funds that were not there to cover HCCI.
Mayfield said he has been coming to Lawrence to participate in City activities such as the Practitioner’s Panel. He said they closed the office April 1st.
Mayor Hack said she was not prepared to support the total funding at this point until she had a clear picture of where the funding would be going and why the need for the total amount requested by HCCI. She said it was not that she did not support the activities but needed additional information.
Mayfield said HCCI’s could come up with an adjusted budget to cover the period from April 1, 2002, up until now. He said they have been providing the service up until April 1st.
Francisco explained the need for the $13,000 and why it was the same as requested for the entire year even though the office had been closed for a period of time. She said the grant from United Way was spent as of April 1st because the response from the City was to look at contingency funds. She said the Director of HCCI feels like Mayfield has been doing a good job and felt if she let him go, they may not be able to hire him back. She said Director of HCCI made the decision to spend all the United Way funds to keep the level of staffing as it had been between January and April. From this point on, HCCI had no more United Way funds. She said the lease still exists and there was expenditures for driving so there is not a lot of savings. She said there was a hope that HCCI would be funded and an understanding that if HCCI did not meet this gap then they would not be in good position to spend those funds starting August 1st.
Mayor Hack asked if HCCI would be willing to come back to the Commission with more of a detailed set of figures in terms of what exactly the needs are and where they would be spent. She asked HCCI to come back next week with detailed figures. (28)
Rick Bryant, Airport Advisory Board Chair, presented a report on the construction of T-hangars at the Lawrence Municipal Airport. He said they were asking the Commission’s direction and approval to direct staff to provide cost estimates to build additional T-hangars, which are needed at the airport. He said a pertinent example of the need for additional hangars was the recent windstorm that went through Lawrence. The 70 mph took a single engine airplane off the apron at the Lawrence Municipal Airport and was destroyed and would have benefited if he had his airplane in a T-hangar.
Bryant said they circulated a project summary to the City Commission and City staff earlier this month and had positive conversations with them. He said the bottom line was they were asking for approximately $600,000, which is a cost estimate to finance the construction of twenty units, and the payback will be returned over a period of twenty years. He said in the rental formula they had put together, they had allocated for principal and interest and utility cost. One of the versions they had come up with was an electronic door to accommodate the renter as opposed to the current rolling doors. He said including insurance, maintenance and operations a projected monthly rent would be $205.
Bryant thanked Ed Mullins, City Finance Director and Jim Stogsdill, Airport Advisory Board, for their assistance. He said when Commissioner Rundle was Mayor, the City Commission gave the advisory board directions to look outside the box and see what the advisory board could do to create a win/win scenario to keep City debt low or non-existent and create a usable market rental scale for their tenants in the northeast Kansas region. He said they came up with three scenarios: a private/public concept of development; private ownership; and City owned buildings. He said the precedent for City owned hangars was already set because they have a current complex of ten units that the City owns, maintains, and charges rent. He said they had a lot of pro and con conversations, but in the final analysis, they believed the City ownership and development should continue along with the collection of the rent for these units. He said they were asking the City to continue with development at the airport for these T-hangars. He said their goal is to get approval tonight for direction to work with staff on an RFP that would be generated quickly and begin construction mid to late summer with completion late fall of this year.
Bryant said there is a waiting list of signed non-binding letters of intent which were circulated a year ago. He said the market demand is here and thought they had a win/win scenario. He said the addition of the T-hangars was good for the airport and good for the community.
Commissioner Kennedy asked if the advisory board had seen the memorandum from City staff on their proposal and their six-step approach on how we could get this process moving.
Bryant said “no.”
Commissioner Kennedy said if Bryant had seen these six steps it was what he had described in his presentation.
Commissioner Henry asked if the advisory board expected the same level of interest now as compared to 1999 since the expected rent amount increased by about $10.00 per month.
Bryant said he felt confident they would have the same turnout. At the time in 1999 when these letters were issued, it was a ballpark price based on some rough conversation with contractors of T-hangars. At that time the $185 - $195 was the desirable rate. Since that time, they had been in contact with the people on the list whether they signed a letter or had not. At a previous Airport Advisory Board meeting these people were notified that they were discussing the topic of T-hangar financing and rates and had a large turnout. He said they provided a lot of input that went into the calculation of numbers from Mullins and Stogsdill that allowed them to arrive at this pricing schedule. He said they feel the $205 rate is reasonable.
Commissioner Henry asked if there were any economies of scale if the City built 20 units instead of 10.
Bryant said “no.” He said it was basically $30,000 per finished unit.
Dale Willey, Aviation Advisory Board member, said he signed a conditional letter of intent and was willing to pay the monthly fee of $205. He said it was a competitive figure in the market place and the demand and need was there. He asked the City Commission for their support.
Gary Fish, Lawrence, said they first moved to Lawrence in 1976 and he has been a business owner since 1990 and a member of the Chamber of Commerce throughout that period of time. He said he is also a private pilot and owned a small airplane. He said he signed his name on the list for T-hangars in 1996. The first set of ten T-hangars was built in 1997, at that point, he said his name moved to the top of the list and five years later, he is still on the top of the list. In that amount of time there has not been any turnover in the existing T-hangars. He said it was safe to say that the next group of hangars there will be a relatively small amount of turnover of these T-hangars as well. The demand for hangar space is strong. He said he had no doubt there would be 100% occupancy for the next twenty hangars. He said if twenty more hangars were built a year from now, they would be filled up as well. In a sense, they were really not asking the City to build the T-hangar, but asking the City to help finance them. The pilots themselves are going to pay for them over a period of time and at the end of that twenty years, the City will have an asset free and clear, thanks to the aircraft owners. He said these hangars are also a positive boost towards economic development. Each of those aircraft owners is spending between $5,000 to $10,000 a year on maintenance and fuel. A good majority of this will be spent in Lawrence. He said we have to look at this in terms of economic development among companies who are thinking about relocating to Lawrence. A thriving airport community does send a strong message that Lawrence offers a growing and progressive place to do business.
Commissioner Rundle asked Fish where he kept his aircraft.
Fish said he kept it here in Lawrence and it is currently hangared. He said he subleases a hangar, which is not an ideal scenario.
Commissioner Rundle said he learned recently that wherever your aircraft is based is where you pay your property tax. In addition to other positives, we would perhaps see an increase in personal property tax.
Ron Contino, Lenexa, said he was one of the original signers of the letters of intent and would sign them again. He said he had an airplane at the airport and would soon be acquiring a second airplane.
Wayne Brewer said he was also a pilot and had an aircraft at the Lawrence airport and concurred with Fish’s comments. He said it was correct that where the airplane is based, is where the personal property tax is paid. He said an aircraft is not cheap. If you had a $50,000 to $100,000 automobile you would not want to park it outside. He said they were willing to pay to have the aircraft inside because insurance and maintenance is cheaper if the aircraft is hangared.
Larry Kellogg said he owned an airplane and kept it in Lawrence. He said his property tax, maintenance costs, and fuel money are all spent in Lawrence even though he does not live here.
Lloyd Hetrick, fixed base operator for the Airport, said he has been at this airport for twenty years and every other week he gets a call for hangar space. He said they were seeing other airports gradually increase in numbers because they are willing to invest in T-hangars. He said there are a number of smaller airports that have more T-hangar space.
Bryant said he reviewed the memo from City staff and the six points were the points that were discussed back in March. There are a couple of points that the board had minor disagreements with. The most important was the item about the funding for Phase II. He said “yes” there has been some discussion about the FAA’s share that they had promised them.
Bryant said another concern was the timetable. He said he thought they could work with staff and create an RFP fairly quickly. He said the sooner they get this project going, the stronger the message will be to the community that Lawrence is a place to do business. He said he did not anticipate any problem filling up new units, whether they build ten or twenty.
Commissioner Henry said he understood that aircraft increase in value and would be comparable to real estate in that there would be an increase in the tax base if the aircraft are hangared in Lawrence.
Bryant agreed. He said in their project study they have planned a rate increase on these hangars over the life of the hangars to make sure they maintain a good quality facility and cover their indebtedness should they have a shortfall. He said he thought they had done their homework and presented a win/win business model.
Commissioner Rundle asked when the last T-hangars were built.
Bryant said the T-hangars were built in 1996.
Vice Mayor Dunfield said his experience with private airplane T-hangars goes back several decades to some small airport around the area and he said his memory of those structures is that to describe the construction as a pole barn would be doing them too much of a service. He asked Bryant to describe the general construction of the T-hangars.
Bryant said the basic construction is a concrete slab with concrete or asphalt taxiway entrances that would connect with the main taxiway. He said there is a galvanized steel shell which the manufacturers are guaranteeing twenty years useful life on the materials. He said it was basically an up-scaled mini storage. He said the industry standards and sales manufacturers are claiming on average a thirty-year useful life. He said they had four T-hangars in excess of thirty years of age right now.
Mayor Hack said, after the Hobbs Park dedication and the ground breaking at the Airport last Fall, the Mayor at that time indicated that we were celebrating Lawrence and with the Airport groundbreaking were looking at it’s future. She complimented the Aviation Advisory Board for their hard work and how well they had worked to educate the public about this topic. She also thanked Debbie Van Saun, Assistant City Manager, for her hard work on this issue and at times going above and beyond the call of duty.
Commissioner Henry said his only initial concern was the amount of indebtedness that the Commission needed to look at in the future. He said the City needed to get an accurate assessment of what the costs would be for a ten or twenty unit hangar construction.
Commissioner Rundle asked that since we recently did a project similar to this could staff use the previous project, update it, and do much of the initial cost estimate work in house rather than outsource it to engineers through an RFP process.
Wildgen explained that this was more than a T-hangar project. This was also a road and taxiway project. He said there are storm drainage problems with the hangars that were built in 1996. He said the only thing he could recommend was to do it right upfront. He said the project needed to be site planned with an engineer and architect who will look at all the issues as an entire project, not just T-hangars. He said it was worth the wait to do it with good information. Drainage is more important now than it has ever been since 1996. This was the beginning of the City’s Stormwater Master Plan concerns.
Commissioner Rundle said he did not know if they had ever articulated the question among the Commission and came up with an answer of, do we want to develop the Airport? He said he would answer that question ”yes.” He said he has come at this answer from looking at different projects and participating in the discussions of economic development. He said he certainly came to the Airport issues completely without any type of aviation background. He said he would count himself as someone who is interested in the future of the Airport and it’s because of the information they have received from the Airport Advisory Board. He wanted to proceed with the project and quickly get over the hurdles.
Commissioner Kennedy concurred with Commissioner Rundle and recommended that staff proceed.
Mayor Hack said this presents a great possibility for the City and realizes there are stumbling blocks that need to be worked through. She said she would encourage staff to proceed.
Dunfield agreed. He said, on the face of it, it looks like a good investment for the City.
Moved by Kennedy, seconded by Hack, to direct staff to proceed with the RFP for the construction of T-hangars at the Lawrence Municipal Airport. Motion carried unanimously. (29)
Victor Torres, Neighborhood Resources Director, presented the staff report on an amendment to the Uniform Building Code concerning natural light requirements and an amendment to the Uniform Housing Code concerning egress requirements.
Torres said the first item concerned the natural light requirement in the Uniform Building Code which currently requires 10% natural light. He said the only exception was the kitchen in Group R occupancies. He said the amendment to the building code would be a second exception that would allow artificial light in guest rooms and habitable rooms.
Dunfield asked that, in essence the amendment makes the building code language on residences match the language on other types of spaces.
Torres said “yes.” Currently commercial buildings use artificial light, mostly the interior of the buildings. This issue was brought before the Building Code Board of Appeals by one of the builders in town that had concerns primarily because of basements. It was difficult to get 10% natural light in basements.
Commissioner Kennedy asked if the buildings that were built prior to April 4, 2002, did not have to meet the 10% natural light.
Torres said “no.” There was a 10% natural light requirement. He said this proposed provision would allow artificial light to make up the difference.
Moved by Kennedy, seconded by Rundle, to approve the amendment to the Uniform Building Code concerning natural light requirements; and, direct staff to prepare the appropriate ordinance. Motion carried unanimously. (30)
Torres said the second item is an amendment to the Uniform Housing Code concerning egress requirements. He said this code was used for minimal housing inspections such as rental housing. He said the reason for the proposed amendment was because there were a lot of rental units that use basements as bedrooms. He said there are dwellings that have windows smaller than the minimum size that are required today, which is 5.7 square feet. The proposed change would repeal a section of the Uniform Housing Code that required the 5.7 square foot opening and replace it with a section that authorized continued use or occupancy if such use or occupancy was legal at the time of the adoption of the Housing Code.
Mayor Hack asked Torres, if there were any renovations, would they need to be up to code and if there were questions of safety would they not be excluded.
Torres agreed. He said a lot of these situations will be on a case-by-case basis. The inspectors would need to make that decision as to whether or not it was adequately sized for someone to exit. The second part of the amendment would require the basement meet section 310.4 of the Uniform Building Code that requires a 5.7 square foot opening. If it is above grade and doesn’t have the 5.7 square foot opening, but it was built to code at the time of construction, it could remain. If there is a basement being used as sleeping quarters, and does not have a 5.7 square foot opening, you would need to have one or that bedroom will no longer be there.
Commissioner Henry asked if they have worked with the Fire Marshall.
Torres said “yes.” The Fire Marshall concurs with this recommendation to the Uniform Housing Code.
Vice-Mayor Dunfield said, as he has explained before, he appreciated the thoughtfulness that went into preparing this recommendation and running it through the various reviews.
Commissioner Kennedy said there would need to be some changes that would need to occur with the building code because of the new Rental Housing Inspection Program He said there are a lot of older residences that have been there and were built to code and have been rental houses for the last twenty years. We’re not seeing the need to change these homes if they complied with their building code at the time they were built. He said the basements did concern him from a safety standpoint.
Mayor Hack said she thought the City Commission’s point has always been the issue of safety. As long as these safety issues are covered, she supported the amendments.
Barry Walthall, Code Enforcement Manager, said he wanted to comment that he appreciated the City Commission considering these amendments. He said it will provide staff with direction either way the Commission decides to go. He urged approval of the amendments.
Moved by Kennedy, seconded by Dunfield, to approve the amendment to the Uniform Housing Code concerning egress requirements; and, direct staff to prepare the appropriate ordinance. Motion carried unanimously. (31)
Mayor Hack presented the report on the City Image Survey and City employee survey. She said the employee survey would cost approximately $17,425 and for the image survey $18,700. Both of these survey cost would be the maximum. She said there would be some cost saving efforts that could be done with the Employee Relations Council and City staff doing administration of the survey.
She said the committee was formed for the image survey. If the Commission goes forward with these surveys, the City should come up with what we want from the survey before it is administered, because we will be much more pleased with the results.
Commissioner Henry said he was struggling with the amount of money especially in an austere year. He said the City did not know what the demand transfer hit would be. He said he was not sure he was ready to go forward with the survey.
Commissioner Rundle said the City would be able to use the employee and image surveys in the future. He said in the large scheme of the budget, the City would have no trouble covering these costs.
Commissioner Henry asked the other Commissioners if they thought the City needed an image survey.
Mayor Hack said “yes.” She said the image survey is not necessarily just about how people think of Lawrence in general, but also how effective is the City to work with regarding things like economic development. She agreed with Commissioner Rundle that in terms of a cost benefit analysis the survey results will benefit us for many years to come.
Commissioner Kennedy said this was one of the City Commission goals. A year ago when this issue was talked about, the Commissioners wanted to make sure they had the knowledge of the community as to what the City Commissioners were expected to do and to vote and direct the City into its future growth. He said he does believe that there can be cost savings and there is a great group of people getting together on our image survey to focus on good ideas for the survey.
Commissioner Dunfield said he is confident that this can be used to improve the quality of services that citizens are receiving in Lawrence and will also improve the level of awareness of the kinds of services the City does provide.
Moved by Rundle, seconded by Hack, to authorize staff to proceed with preparing the City Image Survey and City Employee Survey contracts consistent with the maximum costs discussed. Motion carried unanimously. (32)
During public comment, Marcie Francisco, commented that earlier in the evening in the consent agenda the Commission authorized the Mayor to sign a number of Releases of Mortgages. She said 938 Rhode Island is a house that she and her husband bought three to four years ago. She said she called City Hall to say that she was surprised that it was on the agenda and not taken care of when the property was purchased. She said they received the title insurance and said Margene Swartz, Community Development Manager, thought that the release might not have been recorded. At the beginning of the meeting Swartz told her that the mortgage had not been released. She asked the City to write a letter to the Douglas County Title to find out if they should have found this on the title insurance.
Wildgen said staff would work with her on this issue.
Commissioner Rundle said the initial discussion of developing a proposal to address the signage issue at the new parking garage has already been brought to the attention of the City Commission, but he wanted to make sure that some issues are included in the proposal. There is a lot of interest regarding signage on side streets to direct people to the new parking garage and whether or not to set an outside boundary. He said there is also confusion with the sign inside the new parking garage about free parking on the two lower levels and where that free zone actually is.
Wildgen said these and other signage issues are being addressed.
John Francis, President of Downtown Lawrence, Inc., said he feels that signage for the parking garage at 9th and New Hampshire is greatly needed. The parking garage has helped alleviate parking problems for both downtown employees and consumers. Signage will help visitors of downtown learn of its existence and increase its use. The “all day” parking allows visitors to take their time and enjoy downtown. DLI strongly urges the City to provide additional signage for the parking garage with signs being installed intermittently along Massachusetts, New Hampshire, and Vermont, as well as the side streets from 6th Street through 12th. In addition, a sign at 6th and Vermont immediately off the bridge from North Lawrence could alert visitors to look for the structure. He said DLI would be glad to help out in any way.
Wildgen said it is important to look at the overall parking system and not just the new parking garage since there is another garage. He said that is why a way-faring system is the best way to look at it because it will direct the person to all sorts of parking choices. He said he would share the proposal with Francis.
Mayor Hack thanked Chuck Soules, Public Works Director, for the work that has been done on Inverness. The work was done quickly and remarkably, which is truly appreciated. She also thanked the fellow Commissioners and the City Manager for being participating in the Foundation Follies.
Commissioner Rundle said doing the Foundation Follies as a group was very much appreciated.
Moved by Kennedy, seconded by Rundle, to adjourn at 8:20 p.m. Motion carried unanimously.
APPROVED:
_____________________________
Sue Hack, Mayor
ATTEST:
___________________________________
Frank S. Reeb, City Clerk
1. Bid Set - Ballard Community Ctr Electrical System Update at 708 Elm & Hearthstone Bathroom Renovation at 745 Ohio on May 14, 2002, 2:00 p.m.
2. Auction - Surplus property from various City Dept May 4, 2002.
3. Bid - 2002 Overlay & Curb Repair Program to LRM Industries for $316,410.90.
4. Bid - Skit steer loader to KC Bobcat, Inc. for $38,396.16.
5. Real Property purchase - 13th & Oregon Stormwater Project for 917 E 12th for $60,000 & 905 E 13th for $44,500.
6. RFP - Housing Trust Fund Board to solicit for $65,000.
7. Ordinance 7523, rezone (Z-12-42-01) 5.036 acres from RM-1 to RO-1B, 4340 W 6th.
8. Ordinance 7521, rezone (Z-11-50-00) 144.74 acres from A, I-3 & RS-2 to M-2, E 8th & E 11th.
9. Rezone - (Z-11-41-01) Lots 3-8, Commerce Plaza Addition along NE quadrant of S Iowa on 31st Street from C-4 to C-5 to PCD-2.
10. TUPR - (TUPR-04-22-02) St. Lawrence Catholic Campus Ctr, 1635 Engel, May 18, 2002, 3:00 to 9:00.
11. Site Plan - (SP-01-06-02) KANU Facility, 1120 W 11th..
12. Site Plan - (SP-03-17-02) Cactus Club, 534 Frontier Rd.
13. Five Year Plan - KDOT for funding projects for Fiscal Years 2003 - 2007.
14. Cooperation Agreement - Wakarusa Township for maintenance responsibilities for certain roads.
15. Mortgage Release - 1123 Connecticut, Beckman.
16. Mortgage Release - 1129 Connecticut, Beckman.
17. Mortgage Release - 1501 Harper, Beckman.
18. Mortgage Release - 741-745 Connecticut, Concept IV.
19. Mortgage Release - 1045 Rhode Island, Dunn.
20. Mortgage Release - 938 Rhode Island, R&M Investments.
21. Mortgage Release - 1135-37 New York, Sailors & Kellogg.
22. Mortgage Release - 1446 Maple Lane, Shephard.
23. Mortgage Release - 1042 Ohio, Ten Forty Two Partnership.
24. Mortgage Release - 1211 Almira, Wright.
25. Mortgage Release - 907 Ward, Morgan.
26. 2002 Financial Report - 1st Quarter.
27. Resolution 6377 - 2002 CDBG & HOME program agreements to U.S. Dept. of Housing & Urban Development.
28. Budget Request - Housing & Credit Counseling.
29. T-Hangar Project Analysis from Aviation Advisory Board.
30. Uniform Bldg Code - Amendment to natural light requirements.
31. Uniform Housing Code - Amendment to egress requirements.
32. City Image Survey & City employee survey.