June 4, 2002

The Board of Commissioners of the City of Lawrence met in regular session at 6:45 p.m., in the City Commission Chambers in City Hall with Mayor Hack presiding and Commissioners Dunfield, Rundle, and Henry present.  Commissioner Kennedy was absent. 

Mayor Hack recognized Stan and Shirley Harris for their commitment and volunteer service to Eagle Bend Golf Course.

Mayor Hack also recognized Taishi Takanoashi, City of Hiratsuka, Japan, intern for the City of Lawrence, in appreciation for his contributions to our City.   

Kathleen Hodge, Vice Chair, said Takanoashi has been in Lawrence for the past year and has been working with the City’s Human Relations Department; attending classes at Kansas University; and, has been involved in our Sister Cities activities along with the monthly meetings.  She said Takanoashi will be leaving the City of Lawrence and they will be welcoming two new interns from Hiratsuka, Japan.    

Paul Winn, Human Relations Specialist, was speaking on behalf of Ray Samuel, Human Relations Director.  He said Takanoashi was an outstanding individual.  Winn said during Takanoashi’s time with the City of Lawrence, he attended mediation training to mediate disputes in the areas of employment, housing, public accommodation, and has received a certificate in recognition for the training.  He also received HUD training.  He said Samuel wanted to thank the City Commission because the number of hours that Takanoashi has worked has demonstrated his capability of working with people and businesses.

Taishi Takanoashi thanked the City Commission for allowing him this opportunity to be in Lawrence.  He said he had a nice experience attending Kansas University and working for the City.   

Bob Schumm, Chair, Sister Cities Advisory Board, thanked Takanoashi for his dedication and said a great friendship has developed.  He said this is a true example of the wealth that Lawrence Sister Cities experiences with exchanges and with our partnerships with our Sister Cities.

Mayor Hack also acknowledged Robert and Sharon Holladay, Taishi’s host family, for their efforts.  She said the Holladay’s have been instrumental in working with students from our Sister Cities.  

As part of the consent agenda, it was moved by Rundle, seconded by Dunfield, to approve the City Commission meeting minutes of May 28, 2002.  Motion carried unanimously.

As part of the consent agenda, it was moved by Rundle, seconded by Dunfield, to approve the Lawrence Public Library Board meeting minutes of April 15, 2002; the Lawrence-Douglas County Public Health Board meeting minutes of March 18, 2002; the Parks and Recreation Advisory Board meeting minutes of April 9, 2002; the Mechanical Code Board of Appeals meeting minutes of March 21, 2002 and March 28, 2002; the Housing Trust Fund Board meeting minutes of March 19, 2002 and April 16, 2002; the Convention and Visitors Bureau Advisory Board meeting minutes of April 23, 2002; and, the Historic Resources Commission Action Summary of April 18, 2002.  Motion carried unanimously.

As part of the consent agenda, it was moved by Rundle, seconded by Dunfield, to approve claims to 311 vendors in the amount of $13,813,508.92 and payroll from May 19, 2002 to June 1, 2002 in the amount of $1,287,409.51.  Motion carried unanimously.

As part of the consent agenda,it was moved by Rundle, seconded by Dunfield, to approve the Drinking Establishment License Red Lyon Tavern, 944 Massachusetts.  Motion carried unanimously.

As part of the consent agenda, it was moved by Rundle, seconded by Dunfield, to concur with the recommendation of the Mayor and reappoint Willie Amison to the Douglas County Community Corrections Advisory Board for a third term, which will expire May 31, 2004; appoint Kirsten Roussel to the Housing Trust Fund Advisory Board to fill the un-expired position held by Marilyn Roy, which will expire on December 31, 2002; reappoint David Downing (first term), Rod Bremby (first term), and Rick Bryant (second term) to the Aviation Advisory Board.  Their terms will expire on May 31, 2005; and, reappoint Sean Zadke to the Lawrence Humane Society Board of Directors.  This is an annual position which will expire in May, 2003.  Motion carried unanimously.

As part of the consent agenda, it was moved by Rundle, seconded by Dunfield, to set a bid date of June 18, 2002, for the Clinton Parkway and Lawrence Avenue traffic signal improvements.  Motion carried unanimously.                                                                                 (1)

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, was read a second time.  As part of the consent agenda, it was moved by Rundle, seconded by Dunfield, to adopt the ordinance.  Aye:  Dunfield, Hack, Henry, and Rundle.   Nay: None.  Motion carried unanimously.                                                                                                                                   (2)

Ordinance No. 7536, establishing “parking” along the west side of Barker Avenue between 22^nd and 23^rd Streets, was read a second time.  As part of the consent agenda, it was moved by Rundle, seconded by Dunfield, to adopt the ordinance.  Aye:  Dunfield, Hack, Henry, and Rundle.   Nay: None.  Motion carried unanimously.                                       (3)

            As part of the consent agenda, it was moved by Rundle, seconded by Dunfield, to authorize the City Manager to execute an agreement with Johnson County Community College for cooperative program of clinical education for Emergency Medical Services students.  Motion carried unanimously.                                                                                                                             (4)  

            As part of the consent agenda, it was moved by Rundle, seconded by Dunfield, to concur with the Planning Commission’s recommendations to approve the Final Plat (PF-04-05-02) for Fall Creek Farms 8^th Plat, a one-lot residential subdivision containing approximately 1,199 acres.  The property is generally described as being located west of Kasold Drive and south of Peterson Road, and accept the dedication of easements and rights-of-way subject to the following conditions:

1.                  Revise preliminary plat to verify layout of storm drainage channels and sanitary sewers relative to this lot;

2.                  Revise the final plat submitted to show the south property line with a curvature where the cul-de-sac from Yonder Road will connect to this lot;

3.                  Add a note to the face of the final plat stating, “Access to Peterson Road will be removed when the cul-de-sac to the south is constructed.  Access to this lot will be solely from the cul-de-sac from that point of time forward”;

4.                  Provision of a check for $3,677.10 to the City of Lawrence for payment to Rural Water District No. 1 for the removal of their water meter service to this lot;   

5.                  Provision of a note on the plat stating, “The property will connect to the City’s sanitary sewer within the next five years.  Easements for access to the sewer are the responsibility of the property owner to obtain”;

6.                  Provision of agreements not-to-protest the formation of street and sidewalk benefit districts for Peterson Road and Monterey Way;

7.                  Execution of a Temporary Utility Agreement;

8.                  Submission and approval of a Master Street Tree Plan;

9.                  Removal of the graphic indication of existing improvements on the face of the plat; and,

10.              Dedication of 10’ perimeter utility easements.

 

Motion carried unanimously.                                                                                                                                 (5)

As part of the consent agenda, it was moved by Rundle, seconded by Dunfield, to concur with the Planning Commission’s recommendations to approve the Final Plat (PF-04-06-02) for Freedom Creek Addition No. 2, a replat of Lots 9 and 10, Freedom Creek Addition.  The property is generally described as being located at 408-410 Trent Court and 409 Tara Court, and accept the dedication of easements and rights-of-way subject to the following conditions:

1.                  Provision of the following fees and recording documents:

a.                  Copy of Paid property tax receipt;

b.                  Recording fees made payable to the Douglas County Register of Deeds; and,

c.                  Provision of a Master Street Tree Plan.

 

Motion carried unanimously.                                                                                                                                (6)

As part of the consent agenda, it was moved by Rundle, seconded by Dunfield, to concur with the Planning Commission’s recommendations to approve the Final Plat (PF-04-08-02) for St. Lawrence Catholic Campus Center, a one-lot residentially zoned subdivision.  The property is generally described as being located at 1631 Crestline, and accept the dedication of easements and rights-of-way subject to the following conditions:

1.                  Provision of a revised plat to include:

a.                  City Clerk as Frank S. Reeb;

b.                  Correct spelling of Westwood in Surveyor’s Notes;

2.                  Execution of a Temporary Utility Agreement; and,

3.                  Provision and approval of a Master Street Tree Plan.

 

Motion carried unanimously.                                                                                                                                 (7)

As part of the consent agenda, it was moved by Rundle, seconded by Dunfield, to concur with the Planning Commission’s recommendations to approve the Final Plat (PF-04-07-02) for Compton Subdivision No. 3.  The property is generally described as being located near the southeast corner of 6^th Street and Comet Lane, and accept the dedication of easements and rights-of-way subject to the following conditions:

1.                  Provision of a revised plan to indicate the following:

a.                  Remove general note 18 (sign reference no longer in zoning ordinance);

b.                  Revise general note 16 to state, “No restrictive covenants for use of the land, buildings or structures are proposed with this final development plan”;

2.                  Filing of the Final Plat of Compton Subdivision No. 3 at the Register of Deeds Office; and,

3.                  Provision of a Site Plan Performance Agreement. 

 

Motion carried unanimously.                                                                                                                                 (8)

As part of the consent agenda, it was moved by Rundle, seconded by Dunfield, to concur with the Planning Commission’s recommendations to approve the Final Plat (PF-05-11-02) for John Robert Addition, a replat of Tract 9; Southeast Lawrence Suburban Acres.  The property is described as being located at 2639 Haskell Avenue, and accept the dedication of easements and rights-of-way subject to the following conditions:

1.                  Provision of a note on the plat stating, “Access to Lots 1 and 2 limited to one shared access easement shown on the plat”;

2.                  Execution of a Temporary Utility Agreement; and,

3.                  Submission and approval of a Master Street Tree Plan.

 

Motion carried unanimously.                                                                                                                               (9)

As part of the consent agenda, it was moved by Rundle, seconded by Dunfield, to approve the site plan (SP-03-21-02) for an office/warehouse building, located at 150 Maple Street, subject to the following conditions:

1.                  A site plan performance agreement be executed (Per Section 20-1433);

2.                  Review and approval of the plan by the Historic Resources Commission prior to release of the site plan to the Code Enforcement Division; and,

3.                  Filing of a final plat with the Douglas County Register of Deeds prior to release of the site plan to the Code Enforcement Division. 

4.                   

Motion carried unanimously.                                                                                                         (10)

The City Commission reviewed the bids for Bus Shelter Concrete & Installation Procurement for the Public Works Department.  The bids were:

As part of the consent agenda, it was moved by Rundle, seconded by Dunfield, to award the bid to Musselman & Hall Contractors, in the amount of $38,372.00.  Motion carried unanimously.                                                                                                                                 (11)

            Following his request to remove the issue from the consent agenda, Rick Bryant, Aviation Advisory Board, presented time issue concerns for the T-Hangar project design for the Lawrence Municipal Airport.  He said there were two issues raised by members of the advisory board on this project.  Bryant said negotiation for this project with Landplan needs to be done quickly.  Landplan’s project plan and scope is aggressive, realistic, and puts them into the timeframe that everyone would like to see the completion of the T-Hangars.  He said Landplan has a lot on their plate as a business and he had a concern about meeting that deadline and that project schedule.  One of the problems the airport had with previous construction was an on-going completion date by the contractor.  He said the board wants to put some type of penalty clause for the project to have an ending date and if the contractor did not meet that date there would be some type of liability. 

            He said the board also questioned if the City had the capabilities and expertise of City staff, why were they not utilizing this expertise in conjunction with this contract to keep the project cost down.      

            Commissioner Henry asked if the board has discussed this idea of a penalty clause with City staff.

            Bryant said no.  He said they had talked about it in reference to their last project out at the airport.  He said they did not have any reservation about Landplan, they just wanted to get their project completed.

            Mayor Hack asked about the various phases of this project and whether it was appropriate to include a penalty clause for this first phase of the project. 

            Mike Wildgen, City Manager, said part two was design and phase three would be actual construction.  He said it was common to have penalty clauses during the construction, but was more unusual to have penalty clauses in the design phase, but it was something they could emphasize and tell the contractor they expect the timeline to be met.

            Moved by Henry, seconded by Dunfield, to approve the selection of Landplan Engineering for the T-Hangar project design for the Lawrence Municipal Airport.  Motion carried unanimously.                                                                                                                                 (12)

            Wildgen reported to the City Commission about the Mayor’s emphasis on trying to educate the public on the use of fireworks. 

            Mayor Hack asked for public comment on the 2003 budget.

            Russell Brickell, Lawrence Professional Firefighters Local 1596, spoke in support of the Fire/Medical Department’s budget proposal.   He said he wanted to touch on a couple of issues the department felt were important.  The Capital Improvement request for 2003 – 2005, which was for the relocation of Fire/Medical Station No. 4 and the addition of Station No. 5 at 21^st and Iowa, the department strongly supported.  He said today they have the same number of stations and equipment to respond to fires as they did in 1982.  The reason why they needed this location and addition was that their goal was to respond to any place in the City within four minutes.  With the growth the City has currently, this could only be achieved 72% of the time.  He said with the relocation and addition to these stations, this would allow them to improve.

            Another issue that the Fire/Medical Department strongly supported was three additional personnel to allow one new position for each ladder truck.  This would provide them with a crew that is more effective. 

            One other strongly supported issue by the department is the addition of health insurance benefits for their extraboard firefighters. They are a group of people that work part time as needed and had saved the City considerable money.  The addition of these benefits for this group would help retain quality personnel and make the position more attractive to prospective extraboard firefighters.           

            Carey Maynard-Moody, Lawrence, said she came to the City Commission a year ago to ask the Commission to consider the position of an Environmental Planner as part of our Planning Department and eventually to have an Environmental Planning Division.  In a year, there were some interesting events that have happened.  She said she hated to see Brian Dyer, Long-range Planner, use his time for this type of activity if the City could find a way to have an Environmental Planning Division.  She said an Environmental Planning position would look at development proposals, annexations, and environmental considerations.  She said she was concerned about annexation in the future and felt it would be good to have the kind of environmental screen that the professionals can give us.

            Maynard-Moody said the Alliance for the Conservation of Open-Space and perhaps ECO2 is looking to the community for their thoughts and feelings about the kind of income and expenditures as far as land use.  She said if a survey is done that shows us a snapshot in time of the way we have been earning and spending our money, that it could teach us a few things.  She said the American Farmland Trust has an opportunity to assess the cost of community services inventory and if we do look at this, we cannot continue to make mistakes that are not in the economic best interest of our community.       

            Commissioner Rundle asked if the Farmland Trust offers assistance for grants.

            Maynard-Moody said assistance would help with a grant.

            Commissioner Rundle asked if they were a granting agency.

            Maynard-Moody said she was not sure but knew that Farmland Trust would provide assistance with the community service survey.

            Commissioner Rundle asked Maynard-Moody what resources would be used to define what an Environmental Planner would do.

            Maynard-Moody said in general terms, rather than making the land fit the use they would like the land to have, but to design use that works with what nature has given us. 

            Commissioner Rundle said that the cost of community services is going to come out of our Adequate Public Facility Study.  He said a draft of the Adequate Public Facility Study would most likely come before the Commission later this month.

            Bill Cory, Police Officer for the Lawrence Police Department and Treasurer of the Lawrence Police Officers Association, said he does negotiations with the City for the patrol officers and detectives.  He said he reviewed in detail Chief Olin’s 2003 budget for the police department.  The Lawrence Police Officers Association endorses the budget.  He said as part of the budget, Olin attached a program improvement decision package about things that the Police Department could use above and beyond the budget.  In reviewing these, he believed that every single one of the packages is good for the department such as the legal advisor, but most importantly they would like to see more officers.  The suggestion of fifteen new officers which were nine patrol officers, five detectives, and one sergeant was a good idea.  He said attached to that package was a report written by Lt. Dan Affalter, Lawrence Police Department.  He asked the Commission to take time to read the report carefully because it explains some of the reasons why the City needs more detectives. 

            He said on the employees self evaluation form asks “What can the City do to help them do their jobs.”  The most common response was that the City needs to fund an adequate number of police personnel to keep pace with the growth of the City and the increase in activity.  He said the decision packages ask for more personnel that meant more equipment, cars, computers, and radios. 

            During public comment, Doug Bowen, Lawrence, said he attended a safety council meeting and had two recommendations which were to get rid of the traffic islands on Louisiana Street and establish a moratorium on building more roundabouts.  He said he was defeated seven to one. 

            He also discussed stop signs and yield signs.  If you look at a roundabout, it has four yield signs.  He asked if the purpose of the roundabout was to slow traffic why not just put yield signs up without roundabouts.  He said in an article concerning roundabouts, when first put into place, the article stated that they had surveyed people concerning these roundabouts.  At the beginning, the disapproval rating was high and after a year, the approval rating went up and the disapproval rating went down.  He said this was because people were getting familiar with these roundabouts. 

Bowen also discussed a City study concerning bike paths along Louisiana.  He said cars and bikes do not mix and should be separated.  Bowen also commented on statistics concerning roundabouts.

            Because she wanted to give others an opportunity to speak, Mayor Hack asked Bowen if he could write a letter to the Commission addressing his concerns.

            Bowen asked the City Commission to consider removing the pedestrian islands on Louisiana Street and stop building roundabouts.  He said he would send a letter to the Commission addressing his concerns.      

            Hilda Enoch, member of the Coalition of Homeless Concerns, said she had a concern about the number of homeless people that have died on our streets.  She said the City is giving money to the Salvation Army which is able to do good work and help many people who are homeless, but the people who are dying on our streets have problems with alcohol and they are not admitted.  She said the City needs to consider some way of supporting them.  In the past year she chaired a committee of the Coalition on Homeless Concerns called Gaps in Housing and Homeless Services.  Among the gaps they identified was the need for a detoxification center in Lawrence.  She said there may be a possibility of an open shelter that at least will contain these people.  Lawrence Memorial Hospital said they would detoxify people for three days, but then where are the homeless to go.  She said the solution is that for all of the services we have in the community that deal with these problems, come together to try to put together a detoxification center for our community not only for the homeless, but for college students, teenagers and citizens at large.  She said when her committee met with DCCCA, Bert Nash and the Hospital Board they said their funds were tight this year and was unable to help her committee.  She said it takes a body of City citizens elected by the city-at-large that could look at the overall picture to bring these people together and maybe provide a source of funds for them specifically to take care of this most basic need to help people to then be able to help themselves.  She said Lawrence Open Shelter was going to try on a shoestring to begin to meet this need.  The shelter needs support, but then they need help with the establishment of a detoxification center.   She asked the City Commission to consider this as an unmet need.

            Commissioner Rundle asked Enoch if the detoxification centers were located in Topeka and Kansas City and were they under the umbrella of a hospital.

            Enoch said the detoxification center in Kansas City was run by the Salvation Army and the other is ran by the Mental Health Center of Topeka.       

            Larry Kipp, Lawrence, Chair, Friends of Douglas County, said he wanted to read a prepared statement regarding trying to encourage the City to examine the possibility of conducting a Cost of Community Services Study.  He said, “It is essential for the City, and the Planning Commission, to recognize that they have an obligation to actually manage growth.  At the fiscal level, “growth management” means recognizing growth decisions are business decisions.  While every rezoning expands the tax base, each rezoning also increases the cost base.  While serving on the Tax Abatement Task Force, we were presented information showing that residential housing costs the City more in service-demands than it provides in revenues.  The bid question is, in our overall pattern of growth, are we expanding the tax base faster than the cost base? 

            As Mark Dotzour, Chief Economist and a Director of the Real Estate Center at Texas, A&M University, and a consultant for the Lawrence Home Builder’s Association, indicated these decisions are essentially “arm wrestling” matches, because there is no fiscal information upon which to make an informed decision.  In other words, we don’t know which is expanding faster, the tax base or the cost base.

            It the recent past, Lawrence and Douglas County, have relied heavily on expanding the sales tax rate, expanding retail in order to grow more sales taxes, relied upon property valuation increases exceeding the inflation/demand price of new housing, and increased system development fees for water and sewer.

            In the long run, following this revenue-generating pattern will displace affordable housing, leaving room only for those who are on upwardly mobile income streams.  There will be no room for most retired folks, or those living on average, or below-average wages.  In effect, we will become an elitist community.

            What we, as a City, have not done is calculate revenue-to-expenditure rations for each land use type.  So we truly know what kinds of costs will be associated with each kind of development.  If we know these ratios, it will be much easier to recognize the benefits of open lands, including historic resources, productive truck farms and forest, and see that these need not be “interim uses” waiting to be developed to their “highest and best use.”      

            We need reliable information to help see the full picture of our land uses.  A cost of Community Services Study is an inexpensive way to evaluate the net contribution of each land use type and help us discard the notion that natural resources must be converted to other uses to ensure fiscal stability.

            With good planning we can balance the goals of affordable housing, job creation and open space planning by having a Cost of Community Study show us how they compliment each other, rather than competing with each other.”                                                                            (13)

            There was no other public comment.

                Moved by Dunfield, seconded by Rundle, to adjourn at 7:55 p.m.  Motion carried unanimously.

 

                                                                                    APPROVED:

                                                                        _____________________________

Sue Hack, Mayor

ATTEST:

 

___________________________________                                                                        

Frank S. Reeb, City Clerk

COMMISSION MEETING JUNE 4, 2002

1.                  Bid Date Set – Clinton Pkwy & Lawrence Ave traffic signal improvements.

2.                  Ordinance No. 7535 – 2^nd 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. 

3.                  Ordinance No. 7536 – 2^nd Reading, “parking”  along W side of Barker between 22^nd & 23^rd.

4.                  Agreement – Johnson County College for clinical education for the Emergency Service students.

5.                  Final Plat (PF-04-05-02) Fall Creek Farms 8^th Plat, 1,999 acres, W of Kasold Drive & S of Peterson Rd.

6.                  Final Plat (PF-04-06-02) Freedom Creek Addition No. 2, Lts 9, & 10, 408-410 Trent Court & 409 Tara Court.

7.                  Final Plat (PF-04-08-02) St. Lawrence Catholic Campus Center, 1631 Crestline.

8.                  Final Plat (PF-04-07-02)  Compton Subdivision No. 3, SE corner of 6^th Street & Comet Ln.

9.                  Final Plat (PF-05-11-02) John Robert Addition, Tract 9, SE Lawrence Suburban Acres, 2639 Haskell Ave.

10.              Site Plan (SP-03-21-02) officer/warehouse bldg, 150 Maple St.

11.              Bus Shelter Concrete & Installation Procurement.

12.              Airport -T-Hanger – Landplan Engineering for project design

13.              Public Comment on 2003 City Budget.