May 28, 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.  Student Commissioner Raney was present.

As part of the consent agenda, it was moved by Henry, seconded by Rundle, to approve the City Commission meeting minutes of May 21, 2002.  Motion carried unanimously.

As part of the consent agenda, it was moved by Henry, seconded by Rundle, approve claims to 307 vendors in the amount of $2,176,065.96.  Motion carried unanimously.

As part of the consent agenda,it was moved by Henry, seconded by Rundle, to approve the Drinking Establishment Licenses for Applebee’s Neighborhood Grill & Bar, 2520 S Iowa; Duffy’s at the Ramada Inn, 222 West 6^th; the Retail Liquor License for Diane’s Liquor, 1806 Massachusetts; and, a Caterer License for Camelot Ballroom, 6635 West 15^th St., Overland Park, Kansas.  Motion carried unanimously.

As part of the consent agenda, it was moved by Henry, seconded by Rundle, to concur with the recommendation of the Mayor and appoint Bonnie Augustine to the Douglas County Community Corrections Advisory Board for a two year term to fill the position held by Jeannie Wark, which will expire May 31, 2004; appoint Paula Gilchrist to the Neighborhood Resources Advisory Committee to fill the un-expired position held by Diana Deutsch, which will expire on December 1, 2004; and to appoint Ernest Angino to the Lawrence Douglas County Metropolitan Planning Commission for a 3 year term to fill the position held by Andy Ramirez, which will expire on May 31, 2005.  Motion carried unanimously.

            The City Commission reviewed the bids for Hearthstone Bathroom Remodeling located at 745 Ohio for the Neighborhood Resources Department.  The bids were:

As part of the consent agenda, it was moved by Henry, seconded by Rundle, to award the base bid in the amount of $41,500 to Groene Brothers Construction.  The bids were higher than anticipated due to the necessity of complying with Federal Lead Hazard Reduction Regulations.  CDBG funding is available for the Base Bid.  It is anticipated the Add Alternate 1 can be awarded after August 1, 2002, when additional CDBG funding will be available.  Motion carried unanimously.                                                                                                                           (1)

            As part of the consent agenda, it was moved by Henry, seconded by Rundle, to authorize the City Manager to execute an engineering design contract to Landplan Engineering for Monterey Way, Stetson Road to Peterson Road, Street, Storm Sewer, and Waterline Improvements in the amount of $99,005.  Motion carried unanimously.                                  (2)

            The City Commission reviewed the bids for the 2002 Overlay & Curb Repair Program, Lawrence Avenue, 6^th to Princeton Boulevard, and all of Alvamar Drive for the Public Works Department.  The bids were:

As part of the consent agenda, it was moved by Henry, seconded by Rundle, to award the bid to LRM Industries, Inc., in the amount of $558,652.10.  Motion carried unanimously.     (3)

            The City Commission reviewed the bids for Wakarusa Drive, Overland to Queens Road, Street, Storm Sewer, and Waterline Improvements for the Public Works Department.  The bids were:

As part of the consent agenda, it was moved by Henry, seconded by Rundle, to award the bid to King’s Construction, in the amount of $1,506,156.95.  Motion carried unanimously.   (4)

As part of the consent agenda, it was moved by Henry, seconded by Rundle, to set a bid date of June 11, 2002, 2:00 p.m., for The Masters at Alvamar and Sigma Nu Place Concrete Street Repair.  Motion carried unanimously.                                                                                  (5)

As part of the consent agenda, it was moved by Henry, seconded by Rundle, to approve the purchase of 1201 Haskell from Peter Brull and others in the amount of $88,000 for the 13^th and Oregon Stormwater Project.  Motion carried unanimously.                                             (6)

As part of the consent agenda, it was moved by Henry, seconded by Rundle, to approve the purchase of 902 East 13^th Street from William and Mary Beth Harmon in the amount of $73,000 for the 13^th & Oregon Stormwater Project.  Motion carried unanimously.           (7) 

            As part of the consent agenda, it was moved by Henry, seconded by Rundle, to approve the selection of GLPM Architects for Carnegie Library evaluation; and, authorize staff to negotiate an agreement for City Commission approval.  Motion carried unanimously.                 (8)

            As part of the consent agenda, it was moved by Henry, seconded by Rundle, to place on first reading Ordinance No. 7535 establishing “no parking” along both sides of the Clinton Parkway Frontage Road from Olympic Drive east to the end; along the south side of 3^rd Street between Arkansas and Michigan; along the south side of 11^th Street from Massachusetts east 100 feet; and, along the east side of Barker Avenue between 22^nd and 23^rd Streets.  Motion carried unanimously.                                                                                                                                (9)

            As part of the consent agenda, it was moved by Henry, seconded by Rundle, to place on first reading Ordinance No. 7536 establishing “parking” along the west side of Barker Avenue between 22^nd and 23^rd Streets.  Motion carried unanimously.                                                     (10)

Ordinance No. 7534, amending Ordinance No. 7465, establishing access management requirements for West 6^th Street, Wakarusa to K-10 was read a second time.  As part of the consent agenda, it was moved by Henry, seconded by Rundle, to adopt the ordinance.  Aye:  Dunfield, Hack, Henry, Kennedy, and Rundle.   Nay: None.  Motion carried unanimously.       (11)

 Ordinance No. 7533, authorizing the execution of a loan agreement for the Kaw Lime Residuals project in the amount of $5,620,015 was read a second time.  As part of the consent agenda, it was moved by Henry, seconded by Rundle, to adopt the ordinance.  Aye:  Dunfield, Hack, Henry, Kennedy, and Rundle.   Nay: None.  Motion carried unanimously.                        (12)

            As part of the consent agenda, it was moved by Henry, seconded by Rundle, to approve a write-off of receivables for the period from January 1, 2000 through December 31, 2000 in the amount of $72,026.30 for 664 utility billing customers and $16,457.88 for 69 miscellaneous receivable accounts.  Motion carried unanimously.                                                 (13)

As part of the consent agenda, it was moved by Henry, seconded by Rundle, to approve the site plan (SP-03-16-02) for Crossroads Office, located at the southeast corner of 6^th Street and Congressional Drive, subject to the following conditions:

1.                  Execution of a Site Plan Performance Agreement; and,

2.                  Provision of a revise Site Plan to provide a landscape island within the parking row that exceeds 20 stalls per Section 20-14A04.6(A).

 

Motion carried unanimously.                                                                                                         (14)

As part of the consent agenda, it was moved by Henry, seconded by Rundle, to approve the site plan (SP-11-74-01) for Lawrence Composting Facility, located at the southern end of the Wastewater Treatment Plant, north of East 11^th Street, subject to the following conditions:

1.                  Provision of a revised Site Plan depicting the following:

 

a.                  Current right-of-way (40’ from centerline) dedicated with the Lawrence Wastewater Treatment Subdivision;

b.                  Site summary table which indicates:  the area (in sq. ft.) and percentage of the site proposed for development as building(s); development as a paved surface; and undeveloped and planted with grass, ground cover, or similar vegetative surface [Section 20-1431(1)(k)];

c.                  Note indicating proposed location, direction and amount of proposed lighting to be provided (or that lighting will not be installed);

 

2.                  Approval of a Floodplain Development Permit; and,

3.                  Execution of a Site Plan Performance Agreement.

 

Motion carried unanimously.                                                                                                         (15)

As part of the consent agenda, it was moved by Henry, seconded by Rundle, to authorize the Mayor to sign a Release of Mortgage for Alexandra Symeon, 435 Michigan.  Motion carried unanimously.                                                                                                        (16)

As part of the consent agenda it was moved by Henry, seconded by Rundle, to approve a Temporary Use Permitted Upon Review (TUPR-05-28-02) for the location of a construction trailer west of The Legends at K.U., West 24^th Place subject to the following condition:

1.                  Within 60 days following the termination of the temporary use, the applicant shall cause the site to be returned to its original condition by removing the gravel and seeding or sodding the site. 

 

Motion carried unanimously.                                                                                                         (17)

Jon Francis, President, Downtown Lawrence, Inc., presented a letter concerning the nomination of a portion of downtown Lawrence to the National Register of Historic Places. 

Stan Hernly, Architect, Hernly & Associates, said he wanted to inform the City Commission the advantages of a historic district for Downtown Lawrence.  Hernly said in 1976 the Federal Government passed a tax credit program for rehabilitation of historic structures.  That program has been used for thousands of projects around the country and in Lawrence it was used on the Eldridge Hotel project back in the mid 80’s.  Most recently it was used at the Journal World redevelopment of the old library.  That program is a 20% income tax credit.  He said 20% of the cost of the rehabilitation of a certified structure could be taken as a tax credit by the building owners.  That program is aimed at income producing properties and not for private residences.  The program is also aimed at substantial rehabilitation projects.  The project needs to be at least the adjusted value of the building. 

He said approximately one year ago the State of Kansas enacted a similar program except, it was a State Income Tax Credit Program and was for 25% of the rehabilitation cost of the project.  This was for income or non-incoming producing properties which was good for residential areas.  In fact, Old West Lawrence had one of the first projects in the State Tax Credit Program.  He said in the State Program, the dollar limit is lower, anything $5,000 or greater can qualify for the program which means it was geared not only towards large redevelopment projects, but also maintenance items such as roof repairs.  He said even tenant finish types of items can qualify if it is part of a rehabilitation of a certified historic structure.  Both of these programs are for either buildings that are individually listed on the State of National Register or a building that is considered contributing to a historic district on the State of National Register of Historic Places. 

Hernly said there were two reasons why they were looking at the advantages of a historic district for Downtown Lawrence.  One was that the City had received a grant from the Kansas State Historical Society to hire a consultant to nominate up to four districts to the National Register of Historic Places in Lawrence. 

The other reason is tied to the Downtown Overlay Conservation Zoning District.  In 1998 there was an effort to create a historic district downtown, but did not move forward.  At that time, it was looked at as an opportunity to create an overlay district to help developers know what we, as a community, expect when properties are redeveloped downtown.  He said there was a set of design guidelines established for the overlay district which was basically the major downtown areas from 6^th to 12^th Streets, from Rhode Island to Kentucky.  When a downtown property owner wants to redevelop their property, they bring their design to the City and submit their design to be reviewed by the Historic Resources Commission.  If we create a historic district and someone doesn’t want to use the tax credits or doesn’t qualify for the tax credits, the process of  review would be the same as it is right now which was bringing their plans to be reviewed by the Historic Resources Commission using the same criteria. 

He said for these two reasons which was the overlay district with the review by the Historic Resources Commission and the grant from the Kansas State Historical Society, it makes sense to add the one extra hoop to take your project to the State to be reviewed and you could receive up to 45% of the rehabilitation costs as a tax credit.  He said this was an economic development tool for downtown. 

As Lawrence continues to grow we’re going to continue to look for ways to ensure that downtown remains an economically vital area.  He said Downtown Lawrence Inc., feels this was one way of ensuring that downtown remains vital.  He said he gave a similar presentation to the Chamber of Commerce, Board of Directors, and they voted unanimously to support the concept of creating a downtown historic district.

Hernly said the historic district hasn’t been identified, but will be identified through the nomination process.  A survey done in 1994 by a consultant identified a potential area, but there have been some changes because some buildings were modified.  This district will be established through a process and most likely follow the majority of Massachusetts Street and branch out to some of the cross streets and potentially cover some of the areas along Vermont Street.  He asked the City Commission to help move this process forward.  

Commissioner Dunfield asked Hernly if it was conceivable that this district could end up coinciding with the boundaries that already have been established.

Hernly said “not really,” for the historic district there is a percentage of non-contributing properties and generally that is 75% to 80% which was the maximum.  The actual approval of the district would come from the National Parks Service.  He said he did not know if there was a hard and fast rule about the percentage of non-contributing properties, but certainly there would be too many non-contributing in the overlay district.  He said his opinion is the district should be as large as possible.  There are a lot of buildings that wouldn’t be contributing right now, but taking off the modern facades that were put on in the 60’s and 70’s, they could potentially become eligible.  It would be best to get all those buildings into the district so the district would not need to be modified at a later time. 

Mayor Hack said she was excited about the potential of this process, certainly in terms of continued protection downtown.                         

Commission Kennedy said this process of tax credits would be a major tool for economic development of our downtown. 

Mayor Hack asked about the timeline.

Dennis Enslinger, Planner, said in terms of the grant process, staff would be trying to identify the other areas outside of downtown.  This would take place over the summer and would start the nomination process in the fall.

Commissioner Henry said he thought it was a fine program and did not see any downside particularly, when it has such potential effects on our downtown.

Mayor Hack said the idea of allowing maintenance of our downtown was exciting because she thought it was a stumbling block for some of the downtown property owners.

Commissioner Dunfield jokingly commented he thought this might be a dangerous path to be headed down with the Chamber of Commerce, Downtown Lawrence Inc., and the preservation community all on the same side of an issue.

Moved by Rundle, seconded by Henry, to receive a letter from Downtown Lawrence, Inc., concerning the nomination of a portion of downtown Lawrence to the National Register of Historic Places, and referred the matter to the Historic Resources Commission.                     (18)

George Paley, Caspian Group LC, presented a letter to the City Commission concerning the initiation of a text amendment to amend the City’s Zoning Code sections concerning private recreational facilities in the M-1 zoning district.  He said they had a building that was in M-1 zoning and there was a distinction made in the code between a private recreational facility and an athletic club.  He said the evolution of time has made the realities of the difference between those two types of facilities very small.  For instance, Alvamar has weight rooms and Lawrence Athletic Club has racquetball courts.   He said they were asking the City Commission to change the zonings so that the scope of this code would allow for a facility like the Lawrence Athletic Club into an M-1 zoning.  The alternatives would be to change it to commercial zoning which doesn’t fit into this particular part of town and did not think this was the right path.  He said changing the Zoning Ordinance makes the most sense.

Commissioner Rundle asked if some of these uses were already in the M-1 District.

Paley said the Lawrence Athletic Club is a private facility and was only open to members.  He said it seemed like with M-1 zoning you have lots of office and office people and was a good mix. 

Commissioner Henry asked Finger to comment on the zoning.

Linda Finger, Planning Director, said the private recreational facility is a use allowed in Use Group 7 and takes a special use permit.  Use Group 7 is a use group  that is permitted in the M-1 District.  She said the athletic club is located in Use Group 15 and that is the one Use Group that is not allowed in any industrial district, planned or otherwise.  She said staff had taken a look at areas around the community and the trends that are going in with large office park business developments.  She said the trend is leaning towards recreational facilities to encourage employees a healthy life style.  She said staff suggests if the Commission is going to initiate the amendment, that the Commission initiates two code section amendments.  One is to 20-1441 which is actually defining private recreational facilities and the other is 20-1448 which basically would say when your in a commercial or industrial district, you could do this by a site plan rather than a special use permit because it seems more appropriate in keeping with the uses that are permitted there and shouldn’t take the additional scrutiny of a UPR.

Commissioner Rundle asked if this issue would go the Planning Commission.

Finger said this issue would go before the Planning Commission in July and if the text amendments are initiated by the City Commission tonight, this issue would come before the City Commission again, in August.

       

Commissioner Rundle asked if this issue was being looked at as part of the re-codification of the City Code.

Finger said in the draft revisions this is a use that is permitted with site plan approval in industrial districts.

                Moved by Rundle, seconded by Dunfield, to refer the matter to the Planning Commission to initiate the text amendments.  Motion carried unanimously.                                  (19)

Mayor Hack asked the Commission if there were any thoughts or comments concerning the Downtown Parking Garage to submit them to the Downtown Parking Garage Task Force.

Mayor Hack also asked the Commission, if there were any thoughts or comments concerning the City Departmental program improvement proposals for 2003, that they be submitted to staff by Friday with an evaluation or ranking.

Moved by Kennedy, seconded by Dunfield, to adjourn at 7:00 p.m.  Motion carried unanimously.

 

                                                                                    APPROVED:

                                                                        _____________________________

Sue Hack, Mayor

ATTEST:

 

___________________________________                                                                       

Frank S. Reeb, City Clerk

COMMISSION MEETING MAY 28, 2002

1.                  Bid – Hearthstone Bathroom Remodeling, 745 Ohio to Groene Brothers Construction for the base bid amount of $41,500.

2.                  Engineering Design Contract – Monterey Way, Stetson to Peterson, Street, Storm Sewer & Waterline for $99,005.

3.                  Bid – 2002 Overlay & Curb Repair Program, Lawrence Ave., 6^th to Princeton Blvd & all of Alvamar to LRM Industries for $558,652.10.

4.                  Bid – Wakarusa, Overland to Queens, Street Storm Sewer & Waterline to Kings Construction for $1,506.156.95.

5.                  Bid Date – The Masters at Alvamar & Sigma Nu Pl., Concrete Street Repair on June 11, 2002.

6.                  Real Estate Purchase – 1201 Haskell, Peter Brull & others for $88,000 for the 13^th & Oregon Stormwater Project.

7.                  Real Estate Purchase – 902 E 13^th, William & Mary Harmon for $73,000 for the 13^th & Oregon Stormwater Project.

8.                  Carnegie Library evaluation to GLPM Architects.

9.                  Ordinance No. 7535 – 1^st Reading, “no parking”, both sides of Clinton Pkwy Frontage Rd from Olympic Dr., E to the end; along S side of 3^rd between Arkansas & Michigan; along S side of 11^th from Mass east 100’ & along E side of Barker between 22^nd & 23^rd. 

10.              Ordinance No. 7536 – 1^st Reading, “parking”  along W side of Barker between 22^nd & 23^rd.

11.              Ordinance No. 7534 – 2^nd Reading, access mgmt requirements for W 6^th, Wakarusa to K-10.

12.              Ordinance No. 7533 – 2^nd Reading, loan agreement for Kaw Lime Residuals Project for $5,620,015.

13.              Write-offs – Receivables from Jan 1, 2000 – Dec 31, 2000 for $72,026.30 for Utility Billing customers & $16,457.88 for 69 Misc. receivables.

14.              Site Plan – (SP-03-16-02) Crossroads Office, SE corner of 6^th & Congressional.

15.              Site Plan – (SP-11-74-01) Lawrence Composting Facility,  S end of Wakarusa Treatment Plant, N of E 11^th.

16.              Mortgage Release – 435 Mich, Alexandra Symeon.

17.              Temporary Use Permit – (TUPR-05-28-02) construction trailer W of The Legends, K.U., West 24^th Pl.

18.              Downtown Lawrence – National Register of Historic Places. 

19.              Zoning Code – Text amendment discussion, private recreational facilities in M-1 zoning.