May 21, 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 Commissioners Dunfield, Rundle, Henry, and Kennedy present.

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to approve the City Commission meeting minutes of May 14, 2002.  Motion carried unanimously.

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to approve the Sister Cities Advisory Board meeting minutes of April 10, 2002; the Lawrence-Douglas Housing Authority meeting minutes of March 26, 2002; the Traffic Safety Commission meeting minutes of May 6, 2002; and, the Planning Commission meeting minutes of April 24, 2002.  Motion carried unanimously.

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, approve claims to 386 vendors in the amount of $1,794,773.62 and payroll from May 5, 2002 to May 18, 2002 in the amount of $1,239,234.51.  Motion carried unanimously.

As part of the consent agenda,it was moved by Rundle, seconded by Kennedy, to approve the Drinking Establishment License for Wheatfields Bakery Café, 904 Vermont (Contingent Upon State License & Kansas Department of Revue Retail Liquor Excise Tax Returns).  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 JoAnn Garrett to the Public Transit Advisory Committee to fill the un-expired position of Jeremy Douglas, which will expire December 31, 2003; and, appoint Ken McRae to the Mental Health Board to fill the position held by Shirley Martin Smith which will be a four year term and will expire on April 30, 2006.  Motion carried unanimously.

            The City Commission reviewed the bids for roof replacement for the Airport Terminal for the Public Works Department.  The bids were:

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to award the bid to American Roofing for $89,973 and an alternate bid of $3,000 for 16 oz. copper guttering and downspouts for a total bid of $92,973.  Motion carried unanimously.                      (1)

            The City Commission reviewed the bids for fuel tank replacement at 1140 Haskell for the Public Works Department.  The bids were:

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to award the bid to Topeka Pump Co., in the amount of $49,800.  Motion carried unanimously.    (2)

            The City Commission reviewed the bids for one midsize sedan the Planning Department.  The bids were:

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to award the bid to Laird Noller, in the amount of $15,499.  The low bids from Crown Chevrolet and Robert’s Plaza did not meet specifications, they did not bid a full size spare tire.    Motion carried unanimously.                                                                                                                                   (3)

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to approve the purchase of 8.08 acres fro $66,500 from Don Westheffer for a runway protection zone (Runway Extension Project).  Motion carried unanimously.                                                  (4)

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to approve the purchase of 15.95 acres for $93,570 from Marvin, Greg & Mary Wood for a runway protection zone.  Motion carried unanimously.                                                                               (5) 

            The City Commission reviewed the bids the Ballard Community Center Electrical Upgrade, 708 Elm, for the Neighborhood Resources Department.  The bids were:

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to award the bid to Huxtable & Associates in the amount of $20,400.    Motion carried unanimously.        

                                                                                                                                            (6)

            As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to set a bid date of June 4, 2002, 2:00 p.m., for the Neighborhood Resources Comprehensive Rehabilitation Projects at 2015 Stratford and 1621 St. Andrews.  Motion carried unanimously.  (7)

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to place on first reading Ordinance No. 7534, amending Ordinance No. 7465, establishing access management requirements for West 6^th Street, Wakarusa to K-10.  Motion carried unanimously.

                                                                                                                                            (8)

Ordinance No. 7530, registration of non-conforming uses created by Ordinance No. 7510, was read a second time.  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.                                                                                                      (9)

Ordinance No. 7531, rental of single-family attached or detached dwellings in property zoned RS pursuant to Ordinance No. 7510, was read a second time.  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.                  (10)

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to adopt Resolution No. 6385, setting out the findings for the improvement of Congressional Drive, 6^th Street to Overland Drive, and ordering the construction and the creation of the benefit district.  Motion carried unanimously.                                                                                                        (11)

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to adopt Resolution No. 6389, establishing June 25, 2002 for the public hearing for improvements to the Nieder Road and 31^st Street intersection.  Motion carried unanimously.                               (12)

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to approve the site plan (SP-03-22-02) for Wang Warehouse, Lot 15, Lawrence Industrial Park, located at East 29^th Street, west of Haskell Avenue, subject to the following conditions:

1.                  Submission of a revised site plan indicating:

 

a.                  Amount of Interior Parking Lot Landscaping provided;

b.                  That occupancy permits for proposed buildings will not be issued until the required public drainage improvements are complete;

c.                  Access aisle provided for ADA parking space as either an 8’ space and 8’ access isle or a 11’ space and 5’ access aisle;

d.                  Detention Calculations;

e.                  Book and Page number of recorded Drainage Easements;

 

2.                  Execution of a Site Plan Performance Agreement;

3.                  Execution of an Agreement Not-to-Protest the formation of a Benefit District to construct sidewalks;

4.                  Add a note to the plan stating that occupancy permits for proposed buildings will not be issued until the required public drainage improvements are complete, final inspected and accepted by the Public Works Department;

5.                  Property must be replatted to include additional land acquired from the vacated railway right-of way;

6.                  Proposed Drainage Easements must be recorded with the Register of Deeds and copies of recorded documents provided to Public Works prior to release of the plan to the Neighborhood Resources Department; and,

7.                  A note should be added to the site plan indicating that prior to construction of future buildings or parking lots, a revised site plan must be submitted for review and approval.

 

Motion carried unanimously.                                                                                                         (13)

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to approve the site plan (SP-04-25-02) for Kirk Welding Supply, Lot 26, Lawrence Industrial Park and adjacent vacated railroad right-of-way, located at East 29^th Street, west of Haskell Avenue, subject to the following conditions:

1.                  Submission of a revised site plan indicating:

 

a.                  A photometric plan for outdoor lighting and revisions to the plan indicating the direction and amount of illumination;

b.                  A note stating that lights will be screened or directed down so that no light spillover will occur off the site;

c.                  Revised landscaping schedule including size of shrubs;

d.                  The Book and Page of the recorded replant and easement(s);

2.                  Execution of Site Plan Per Performance Agreement;

3.                  Public improvement plans for the storm drainage system must be submitted to the Public Works Department for review prior to release of the plan to the Neighborhood Resources Department;

4.                  Proposed Drainage Easement must be recorded with the Register of Deeds and copies of recorded documents provided to Public Works prior to release of the site plan to the Neighborhood Resources Department;

5.                  Construction of new 5’ sidewalks along the south side of East 29^th Street is required at the time of building construction

 

Motion carried unanimously.                                                                                                         (14)

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to concur with the Traffic Safety Commission’s recommendation to establish “no parking” along both sides of the Clinton Parkway Frontage Road from Olympic Drive east to its end.  Motion carried unanimously.                                                                                                                      (15)

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to concur with the Traffic Safety Commission’s recommendation to establish “no parking” along the south side of 3^rd Street between Arkansas and Michigan.  Motion carried unanimously.            (16)

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to concur with the Traffic Safety Commission’s recommendation to establish “no parking” along the south side of 11^th Street from Massachusetts east 100 feet.  Motion carried unanimously.      (17)

Mike Wildgen, City Manager, reported to the City Commission that the Kansas Legislature ended its session last week.  He said Lawrence should anticipate a 3 to 4% decrease in demand transfers in the State FY 2003.  The Legislature did restore some funding to the Comprehensive Highway Program, but it was not a situation where the City would receive any revenue.                                                                                                                                               (18)

Chuck Soules, Public Works Director, presented the Traffic Safety Commission’s recommendation to re-establish “parking” to the west side of Barker Avenue between 22^nd Street and 23^rd Street.  He said this request was made by Dr. Kincaid to restore parking on the west side of Barker Avenue because a number of his clients have disabilities and need access to his business.  Previously, within that neighborhood, parking was alternated on both sides of the block for traffic control. 

Soules said the Traffic Safety Commission recommended approval by a 6-2 vote. The reason for the 2 dissenting votes was because the original request for “no parking” on the west side of Barker Avenue came from the Barker Neighborhood Association, but the association did not have representation at the meeting.  He said the association was notified by David Woosley, Traffic Engineer, that this issue was on the Traffic Safety Commission agenda.

Soules said the second issue was that the Traffic Safety Commission thought that a 6-2 vote would be brought before the City Commission as a regular agenda item instead of a consent agenda item, giving the opportunity for further public input.

Commissioner Rundle asked how many parking spaces were being requested.

Commissioner Kennedy said Dr. Kincaid was requesting four spaces.  He said his parking spaces were originally on the west side but were moved over to the east side when working to create slower traffic in the Barker Neighborhood.

Moved by Kennedy, seconded by Dunfield, to concur with the Traffic Safety Commission’s recommendation to re-establish “parking” to the west side of Barker Avenue between 22^nd Street and 23^rd Street; and, direct staff to prepare the appropriate ordinance.  Motion carried unanimously.                                                                                                                (19)

Mayor Hack called a public hearing for the proposed improvements to Overland Drive, from Wakarusa Drive to Queens Road.

David Corliss, Assistant City Manager/Legal Services Director, presented staff information on the proposed improvements.  He said a Resolution was adopted on the consent agenda establishing the benefit district for Congressional Drive after the public hearing.  He also said City staff received the bids for Wakarusa extending north from Overland Drive to Eisenhower Drive earlier in the day and those bids would most likely be presented to the Commission next week.  

The draft Resolution indicates the project cost is estimated at 1.5 million dollars.  The City will be responsible for 50% of the cost for the recreational path and the rest of the development will be paid by the adjoining property owners.  He said the City is one of those adjoining property owners and would pay as an adjoining property owner.  Pursuant to the development policy, the City has notified the adjacent property owners.  He said he talked to Bill Newsome one of property owners involved in the partnership at Wakarusa Place on the south side and he indicated that he did not have any further questions on the project.           

Upon receiving no public comment, it was moved by Kennedy, seconded by Henry, to close the public hearing.  Motion carried unanimously.

Moved by Rundle, seconded by Kennedy, to adopt Resolution No. 6387, establishing a benefit district for improvements to Overland Drive, from Wakarusa Drive to Queens Road.  Motion carried unanimously.                                                                                                         (20)

Roger Coffey, Utilities Director, presented the staff report on a loan agreement for the Kaw Lime Residuals project.  He said they were asking the City Commission to consider approving a loan agreement with the Kansas Department of Health and Environment to provide the City funds to support this project to transport lime residual waste from the Kaw Plant to the Wastewater Treatment Plant.  Last fall, staff came before the City Commission to share information regarding this project.  He said before the City Commission acted upon this request, staff asked Mike Orth, Black and Veatch, to give the Commission an update on this project.   

Mike Orth, Black and Veatch, said the main reason for this project was because the Kansas Department of Health and Environment has mandated the stopping of discharge of lime residuals to the Kansas River and other rivers of this State as an enactment of requirements from the Environmental Protection Agency and the Clean Water Act.  He said that would require the City to separate all waste streams at the Kaw Water Treatment Plant and convey them to a source for treating and disposal in a different manner rather than discharging into the Kansas River.

He presented the Commission with aerial photographs.  The first part of the project which was Contract 1, Section 1, they had broken up the contracts between the Water Treatment Plant and the Wastewater Treatment Plant because these plants were more oriented towards general contractors.  The pipeline portion is a separate contract because it is oriented towards a different type of contractor.  The first part of Contract 1 involves separating all the waste streams at the Water Treatment Plant.  The waste streams currently are the lime residual streams that are coming from the primary and secondary basin during the softening reaction.  Then, the filter backwash, which is also a chlorinated water process, is essentially the water going to your tap, but it is being used in a process to clean filters when they become dirty.  This has a chlorine residual and EPA and KDHE have certain requirements on chlorine residuals going out to the Kansas River.  This would need to be de-chlorinated to meet the chlorine impact going out to the Kansas River.  Once the sludge lines have been intercepted all the lime, calcium, and magnesium that have fallen out of the solution, will convey down to the pump station.  The pump station will discharge across the railroad tracks and parallel an easement through Burcham Park all the way to approximately the Kentucky Pump Station.  They have crossed the Burlington/Northern & Santa Fe railroad tracks in three locations and have completed permit applications for the City to file with the railroad.  An existing 16-inch force main will be reused through downtown Lawrence so there is no excavation in the downtown area.  The extension of the 16-inch force main, extending from approximately 7^th and New Hampshire will run to the Wastewater Treatment Plant with the lime residuals. 

He said there are portions of the contract that were already being completed under the Wastewater Treatment Plant contract that was currently under construction.  The improvements at the Wastewater Treatment Plant are going to be the reutilization of an existing lime sludge lagoon by constructing a divider wall and reusing that same basin at the Wastewater Treatment Plant.

Orth said this was the scope of the project and was before the City Commission to receive approval.  He said they were at 90% of the design phase and have met with KDHE to discuss the permitting status of the project.  He said they were ready for advertisement after addressing the internal quality control and City’s comments in late summer or early fall.

Commissioner Rundle asked if the force main was currently inactive.

Orth said the existing 16-inch sewage force main was abandoned and is inactive on the wastewater side.

Commissioner Rundle asked if the lime product would get integrated into the sludge.

Orth said that was an option they looked at.  The problem is the biosolids, which is the waste from the Wastewater Treatment Plant, have different requirements for disposal than lime sludge.  A lime sludge is a lot less regulated.  When you mix lime sludge with biosolids, it becomes biosolids, and the disposal regulatory issues in tracking it are much more difficult.  The City is currently disposing biosolids in land application.  The hope is that they can develop a market from the land application of the lime to adjust the Ph balance in the soil, but they will not dispose of them in the same batches.

Commissioner Kennedy asked if it would all be gravity flow.

Orth said there is a force main pump station.  It will flow downhill from the Water Treatment Plant to the pump station then it will be pumped across town.  He said they could flow by gravity, but there are some issues associated with the lime that are best addressed if the flow is under pressure.

Mike Wildgen, City Manager, said they originally started out in a direction that the City bought land to the north of the Kaw Plant for lagoons.  He said this lagoon option would have been 2 or 3 million dollars more than this pipeline option and he gave credit to staff and Black and Veatch for the savings.  He said we could still use the land for some of the wetland work related to the airport.

Commissioner Rundle asked how long would the City need to payoff the loan.

Wildgen said 20 years, at a good interest rate.

Moved by Kennedy, seconded by Henry, to place on first reading Ordinance No. 7533, authorizing the execution of a loan agreement for the Kaw Lime Residuals project in the amount of $5,620,015.  Motion carried unanimously.                                                                               (21)

During public comment, David Holroyd, Lawrence, said in the consent agenda, the City Commission approved the rehabilitation of two properties, one property at 1621 St. Andrews and the other property at 2015 Stratford.  He asked if this money would be treated as loans with a lean placed on the property.

Wildgen said that was the standard procedure.

He had concerns about the rehabilitation and values of these properties.  He said the rehabilitation program has been abused and would like to see more intense scrutiny of the program.  He requested a copy of the questionnaire that applied to the rehabilitation program.

Mark Lehmann, member of the Citizens Rights Committee, spoke about the rental registration ordinance.  He said the interest was very high and noted a poll taken from the Lawrence Journal World that asked, “Does the City violate the constitutional rights of tenants while searching their homes under the new Rental Licensing Ordinance?”  He said out of 7,948 votes, 3,778 votes said yes and the poll was not over.  He said the total number of responses was more than other polls regarding whether Drew Gooden would leave for the NBA or the poll which asked whether Roy Williams would leave for the University of North Carolina

Lehmann then quoted the Fourth Amendment of the U.S. Constitution.  He said one of the saddest days as an American citizen was last Thursday, when the City of Lawrence served a search warrant to a citizen and came into her house without her permission. 

He said there is a loophole called an administrative search warrant.  Many governments have found loopholes.  He said Adolph Hitler had little loopholes too and came into people’s houses when he wanted.  He said they will fight the City in Federal Court and the City will lose.  He said the reason the City will lose was because the City was wrong.  Lehmann said there are people that will refuse entry.  He urged the City Commission to re-look at this ordinance and stop forcing their way into tenant’s homes.                        

Holroyd commented on a property at 1032 New York.  He said he noticed a weed violation was printed in the Lawrence Journal-World for this location.  He said it was interesting because the City wants the weeds cut, but nobody wants the house torn down. The property is abandoned and is cluttered with trash, a block from the grade school.  There is money in the Community Development Department to take care of this matter.  If  the owner can’t afford to tear down the house then the City can tear the house down and place a lien on the vacant lot and the money could be recovered when the property sold.  He asked about the status on this house.

Wildgen said the property is being quiet titled and the last date for comment is May 24, 2002.  There is an owner who is ready to take over the property once the title has been cleared.  He said when the City gets into these situations, they’re afraid of tearing a house down when the City may not be notifying the right property owner.  He said the City has been monitoring this situation and knew that the courts were involved.  He said the future property owner indicated that this structure would be torn down as soon as he has a good title. 

Owen Lehmann said he was present when an administrative search warrant was presented to search the residence at 1712 Miller Drive.  He said he was 21 years old, a student at Johnson County Community College, and a Lawrence resident.  He said he had his own house and this issue did not directly concern him except he was getting ready to go into the landlord business and will be starting to invest in real estate. 

He said he understood why rental inspections were needed.  The reason why he thought rental inspections should cease is because tenants have all the rights that landlords give them to be a homeowner.  He said when he leases a place to a tenant, he gives them that right to do everything in their power to protect their property, live safely, have a family, and do what they need to do.  When he leases his property to tenants, his tenants have a right to refuse him entry as well as the City.  He said if he did not give someone permission to enter on his property and they still came in, he would use force. 

Lehmann said the person that was served a search warrant did not have anything wrong with her property, she just didn’t want anyone entering her home.  He said it was evident that the inspectors did not want to be there because they knew what they were doing was wrong, but they had families that needed to be fed and they were doing what they were told.

He said there were many other ways to handle this problem.  He said he thought of two in ten minutes.  One way to handle this problem was code inspections on all real estate sales. Every time a house is sold it should be inspected to see if it is meeting code.  His other thought of handling this situation was landlord certification. 

He said he wanted the Commission to think about if someone forced their way into their house, would they let them.  If you were a renter and someone tried to force their way into your house and you said no, what would you do?  Would you try to stop them?  Would you use force?  He said he thought some people in this town would use force.  He said a police officer or inspector entering a home without permission, no matter who gets hurt or how they get hurt, that person is justified hurting them because they should be able to protect their house.

Mary Jones, Lawrence, said the City served a warrant at her home this week to enforce Ordinance No. 7326 and wanted to explain to the City in regards to this warrant.  She said she was shocked and disturbed that the City of Lawrence is experimenting with social engineering by targeting renters and landlords in single-family zoned areas only.  She said she is not willing to sacrifice basic American freedom, which is what they discussed in the Fourth Amendment, in order to inflate property values in those areas or drive tenants into multi-family housing so many prominent Lawrence citizens have invested in.  Several City officials have told her that this isn’t personal and they were just doing their jobs.  She said this was her home and this is personal between her and every person in Lawrence who either supports or enforces this ordinance.                                   

Aaron Kirby, Lawrence, spoke about Ordinance No. 7326 and to give support to those people who do not know about it or could not be at the meeting.  He said he moved to Lawrence approximately six years ago and thought the community had good values.  He said he was shocked to here of his friend Mary Jones having her house violated.  He found it hard to believe that this City can violate the Fourth Amendment so blatantly and asked the City Commission to reconsider this issue. He said he felt the good name of Lawrence would be tarnished if this were allowed to continue. 

Mark Lehmann said the City of Lawrence was served a lawsuit and was given 120 days to respond.  He asked that the City not to take 120 days to respond so that this issue can get to a Federal Court.          

Moved by Rundle, seconded by Kennedy            , to adjourn at 7:20 p.m.  Motion carried unanimously.

 

                       

 

                                                                                    APPROVED:

                                                                        _____________________________

Sue Hack, Mayor

ATTEST:

 

___________________________________                                                                       

Frank S. Reeb, City Clerk

COMMISSION MEETING MAY 21, 2002

1.                  Bid – Airport Terminal Roof Replacement to American Roofing for $89,973 & alternate bid for $3,000 for guttering & downspouts for a total bid of $92,973.

2.                  Bid – Fuel Tank Replacement to Topeka Pump for $49,800.

3.                  Bid – One midsize sedan for the Planning Dept., to Laird Noller for $15,499 because Crown & Robert’s did not meet specs.

4.                  Real Estate – Purchase 8.08 acres for $66,500 for Westheffer for runway project.

5.                  Real Estate – Purchase 15.95 acres for $93,570 from the Woods for runway project.

6.                  Bid – Ballard Community Ctr. Electrical Upgrade, 708 Elm, to Huxtable for $20,430.

7.                  Bid Date Set – Neighborhood Resources Comprehensive Rehabilitation Projects at 2015 Statford & 1621 St. Andrews, June 4, 2002 at 2:00 p.m.

8.                  Ordinance No. 7534 – 1^st Reading, Amend Ord. No. 7465, establish access mgmt requirements for W 6^th, Wakarusa to K-10.

9.                  Ordinance No. 7530 – 2^nd Reading, registration of non-conforming uses created by Ordinance No. 7510 & repeal Ordinance No. 7511.

10.              Ordinance No. 7531 – 2^nd Reading, rental of single-family attached or detached dwellings in property zoned RS pursuant to Ordinance No. 7510. 

11.              Resolution No. 6385 – Order Construction of Benefit District, Congressional Dr, 6^th to Overland.

12.              Resolution No. 6389 – Public Hearing, June 25, 2002 for Nieder Rd and 31^st St., intersection. 

13.              Site Plan – (SP-03-22-02) Wang Warehouse, Lt 15, Lawrence Industrial Park, E 29^th, W of Haskell.

14.              Site Plan – (SP-04-25-02) Kirk Welding Supply, Lt 26, Lawrence Industrial Park, adjacent vacant RR R-O-W, E 29^th, W of Haskell.

15.              TSC – “No Parking” both sides of Clinton Pkwy Frontage from Olympic Dr., E to its end.

16.              TSC – “No Parking” S side of 3^rd, between Arkansas & Michigan.

17.              TSC – “No Parking”  S side of 11^th from Mass E 100’.

18.              City Manager’s Report

19.              TSC – Re-establish “parking” W side of Barker between 22^nd & 23^rd.

20.              Resolution 6387, establish benefit district, Overland, from Wakarusa to Queens.

21.              Ordinance No. 7533 – Loan Agreement, Kaw Lime Residuals project for $5,2620,015.