August 6, 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, Henry, and Kennedy present.   

Mayor Hack introduced Takehiro Suzuki, visiting firefighter from Hiratsuka, Japan, a Sister City of Lawrence.

Mayor Hack proclaimed the week of August 1 – 7, 2002, as “International Clown Week.”

As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to approve the City Commission meeting minutes of July 23, 2002.  Motion carried unanimously.

As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to approve the Convention and Visitors Bureau Advisory Board meeting minutes of July 25, 2002; the Public Transit Advisory Committee meeting minutes of May 21, 2002 and July 16, 2002; the Practitioners Panel meeting minutes of April 11, 2002; the Traffic Safety Commission meeting minutes of July 29, 2002; the Mental Health Board meeting minutes of January 29, 2002 and February 26, 2002; the Lawrence Housing Board meeting minutes of June 25, 2002; the Board of Zoning Appeals meeting minutes of July 11, 2002; and, the Sign Code Board of Appeals meeting minutes of July 11, 2002.  Motion carried unanimously.

As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, toapprove claims to 471   vendors in the amount of $4,370,372.82 and payroll from July 14, 2002 to July 27, 2002, in the amount of $1,376,296.91.  Motion carried unanimously.

As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to concur with the recommendation of the Mayor and appoint Richard Johnson to the Convention and Visitors Bureau Advisory Board for a four year term that will expire on July 1, 2006; the appointments of Bob Foster, Rob Phillips, and Anne Woods to the Lawrence Sesquicentennial Commission; the reappointment of Truman Waugh for a one-year term that will expire on July 1, 2003 for the Douglas County Emergency Management/Local Emergency Planning Committee; and, the reappointment of Barbara Bonnekessen and Brian Johnson to one-year terms that will expire on November 30, 2002 (Since the current positions expired November 30, 2002 and the reappointments are being requested nine months into the terms, it is recommended that these reappointments be extended until November 30, 2002).  Motion carried unanimously.

As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to approvethe Drinking Establishment Licenses for Henry T’s Bar & Grill, 3520 West 6^th Street; Coco Loco, 943 Massachusetts Street; Wagon Wheel Café, 507 West 14^th (Contingent Upon State License); Cactus Jones, 534 Frontier (New License); Mollie McGees, 2429 Iowa Street (Contingent Upon State License); the Retail Liquor Licenses for Mears Retail Liquor, 1805 West 2^nd Street; and, Alvin’s Wine & Spirits.  Motion carried unanimously.

            As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to authorize the purchase of 70,000 pounds of Nalcolyte 8186 polymer from Oneda-Nalco Chemical Company in the amount of $33,600 for the Utilities Departments.  Motion carried unanimously.

                                                                                                                                                        (1)

As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to approve the purchase of the vacant lot in the 900 block of East 12^th Street (Woody tract) in the amount of $20,000 and the purchase of the residence at 837 East 13^th Street in the amount of $60,000.  Both purchases are part of the 13^th Street and Oregon stormwater project.  Motion carried unanimously.                                                                                                                      (2)

As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to authorize the City Manager to enter into an engineering contract with Landplan Engineering for the T-Hangar project at the Lawrence Municipal Airport, in the amount of $48,000.                     (3)

The City Commission reviewed the bids for one (1) mid-size sedan for the Fire/Medical Department.  The bids were:

As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to award to Jim Clark Motors, for a 2003 Chrysler Sebring in the amount of $15,111 because the two lower bids did not meet specifications.  The funds being used for this purchase are from the reimbursement from FEMA for the ice storm.  Motion carried unanimously.                                 (4)

The City Commission reviewed the bids for SAE15W40 Motor Oil-Bulk Pump Off for the Public Works Department.  The bids were:

As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to award the bid to Universal Lubricants in the amount of $2.69 a gallon.  Motion carried unanimously.                                                                                                                                   (5)

The City Commission reviewed the bids for SAE15W40 Motor Oil-55 Gallon Drums for the Public Works Department.  The bids were:

As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to award the bid to Universal Lubricants in the amount of $2.69 a gallon.  Motion carried unanimously.                                                                                                                                   (6)

The City Commission reviewed the bids for SAE15W40 Motor Oil-12 Quart Cases for the Public Works Department.  The bids were:

As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to award the bid to AE West Petroleum in the amount of $12.64 a case.  Motion carried unanimously.                                                                                                                                   (7)

The City Commission reviewed the bids for SAE 5W30 Motor Oil-55 Gallon Drums for the Public Works Department.  The bids were:

As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to award the bid to Universal Lubricants in the amount $2.89 a gallon.  Motion carried unanimously.                                                                                                                                                         (8)

The City Commission reviewed the bids for Dextron-III Transmission Fluid-55 Gallon Drums for the Public Works Department.  The bids were:

As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to award the bid to Universal Lubricants in the amount $2.64 a gallon.  Motion carried unanimously.                                                                                                                                                         (9)

The City Commission reviewed the bids for Mercon V-12 Quart Cases for the Public Works Department.  The bids were:

As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to award the bid to Champion Brands in the amount of $24.62 a case.  Motion carried unanimously.                                                                                                                                                       (10)

The City Commission reviewed the bids for Hydraulic Fluid No.1-Bulk Pump Off for the Public Works Department.  The bids were:

 

As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to award the bid to AE West Petroleum in the amount of $2.43 a gallon.  Motion carried unanimously.                                                                                                                                 (11)

The City Commission reviewed the bids for Hydraulic Fluid No.1-55 Gallon Drums for the Public Works Department.  The bids were:

As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to award the bid to Universal Lubricants in the amount of $2.59 a gallon.  Motion carried unanimously.                                                                                                                                 (12)

The City Commission reviewed the bids for Hydraulic Fluid No. 2-55 Gallon Drums for the Public Works Department.  The bids were:

As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to award the bid to Universal Lubricants in the amount of $2.79 a gallon.  Motion carried unanimously.                                                                                                                                 (13)

The City Commission reviewed the bids for 85W140 Gear Oil-55 Gallon Drums for the Public Works Department.  The bids were:

As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to award the bid to Universal Lubricants in the amount of $3.15 a gallon.  Motion carried unanimously.                                                                                                                                 (14)

The City Commission reviewed the bids for Multi Purpose Grease-400 lb. Drums for the Public Works Department.  The bids were:

As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to award the bid to Universal Lubricants in the amount of $.89 a pound.                                           (15)

The City Commission reviewed the bids for Multi Purpose Grease-120 lb. Drums for the Public Works Department.  The bids were:

As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to award the bid to Universal Lubricants in the amount of $.97 a pound.                                           (16)

The City Commission reviewed the bids for Anti-Freeze-55 Gallon Drums for the Public Works Department.  The bids were:

As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to award the bid to Heatherwood Oil Co., in the amount of $1.66 a gallon.                                       (17)

The City Commission reviewed the bids for the 2002 Overlay & Curb Repair Program for the Public Works Department.  The bids were:

            As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to award the bid to R.D. Johnson in the amount of $338,213.40.  Motion carried unanimously.   (18)

            As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to authorize the City Manager to enter into a contract agreement with Dobson-Davis Company in the amount of $249,857.88 for the 2002 Manhole Rehabilitation Project.  This project will be funded from the Utilities Department’s non-bonded construction fund.  Motion carried unanimously.                                                                                                                                          (19)

            As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to set a bid date of August 20, 2002 for the 2002 Sidewalk Repair and Gap Program.  Motion carried unanimously.                                                                                                                     (20)

As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to place on first reading, Ordinance No. 7561, establishing “no parking” along the west side of Barker Avenue between Pawnee Avenue and Winona Avenue.  Motion carried unanimously. (21)

As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to place on first reading, Ordinance No. 7564, annexing into the City of Lawrence, Kansas, Lot 1, Block 1, of Herrman Addition, a subdivision in Douglas County, Kansas.  Motion carried unanimously.                                                                                                                                    (22)

As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to place on first reading, Ordinance No. 7556, adopting the 2002 version of the Standard Traffic Ordinance.  Motion carried unanimously.                                                                                     (23)

As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to place on first reading, Ordinance No. 7557, amending Section 17-702 of the City Code to allow law enforcement officers to ride bicycles upon sidewalks.  Motion carried unanimously.           (24)

Ordinance No. 7544, rezoning (Z-04-12-02) 6.052 acres, from RS-1 (Single Family Residential District) to RS-2 (Single-Family Residential District) located at 1819 & 1609 Riverridge Road, was read a second time.  As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to adopt the ordinance.  Aye:  Dunfield, Hack, Henry, Kennedy, and Rundle.   Nay: None.  Motion carried unanimously.                                              (25)

Ordinance No. 7545, rezoning (Z-04-09-02) .025 acres, from RS-2 (Single Family Residential District) to PRD-1 (Planned Residential Development District), generally located east of East 1000 Road (Queens Road), was read a second time.  As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to adopt the ordinance.  Aye:  Dunfield, Hack, Henry, Kennedy, and Rundle.   Nay: None.  Motion carried unanimously.                       (26)

Ordinance No. 7546, rezoning (Z-04-10-02) 2.09 acres, from PRD-1 (Planned Residential Development District) to RS-2 (Single Family Residential District) generally located south and west of Wakarusa Drive (extended northward) and east of East 1000 Road (Queens Road), was read a second time.  As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to adopt the ordinance.  Aye:  Dunfield, Hack, Henry, Kennedy, and Rundle.   Nay: None.  Motion carried unanimously.                                                                                               (27)

Ordinance No. 7553, rezoning (Z-05-13-02) 9.69 acres, from RM-1 (Multiple Family Residential District) to RS-2 (Single Family Residential District), located in Westgate Subdivision, Lots 1-9, Block 1; Lots 1, 3-5, Block 2; Lots 2-10, Block 3; and, Lots 1-8, Block 4, was read a second time.  As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to adopt the ordinance.  Aye:  Dunfield, Hack, Henry, Kennedy, and Rundle.   Nay: None.  Motion carried unanimously.                                                                                             (28)

As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to adopt Resolution No. 6403, condemning the sidewalk located at 1605 Rhode Island and ordering the repair of such sidewalk.  Motion carried unanimously.                                                           (29) 

As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to approve a revised site plan (SP-04-25-02) for 91 additional parking spaces and one new entrance to the parking lot along with a larger stormwater detention area for First Baptist Church, located at 1330 Kasold, subject to the following conditions:

1.                  Submission of a revisited site plan indicating:

a.                  The correct south basin outlet description as 8” per the approved drainage study;

b.                  The one-way direction of the circle drive;

c.                  The adequate space in front of the proposed parking spaces to allow vehicles a two-foot over-hang (Allows vehicles to park against the curb);

 

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

3.                  Submission and approval of a photometric plan.

 

Motion carried unanimously.                                                                                           (30)

As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to approve the site plan (SP-07-51-02) for the addition of a temporary classroom to the existing Veritas Christian School, located at 256 North Michigan Street, subject to the following conditions:

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

2.                  Approval of a Flood Plain Permit prior to release of the site plan to the Codes Enforcement Division.  Provide a reference number on the site plan;

3.                  Provision of a note stating, “Upon approval of a final plat and prior to filing of a final plat for the entire 3.5-acre site under Veritas Christian School ownership, the owner will obtain approval of a revised site plan for the entire 3.5 acres;

4.                   Indicate which buildings will remain and which will be saved; and,

5.                  Show the proposed dedication more clearly, with bolder line.

 

Motion carried unanimously.                                                                                                         (31)

As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to approve a non-conforming use site plan (N07-02-02/SP-06-46-02) to allow for the expansion of the existing first floor use (restaurant/licensed premise) to the second floor of the structure at 615 Massachusetts due to the second floor currently containing a multi-family use, subject to the following conditions:

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

2.                  Provision of a revised site plan to include:

 

a.      Clarification of existing sewer line;

b.      Labeling of Massachusetts Street;

c.      Notation of the Historic Resources approval of DR-06-34-2002 on July 18, 2002 subject to conditions;

 

3.                  Compliance with the Historic Resources Commission conditions of approval:

 

a.      The applicant must provide construction documents (including a list of materials) regarding the proposed modifications.  The applicant should provide drawings for the proposed railing details.  Construction documents shall be reviewed and approved by the Architectural Review Committee prior to release of the permit; and,

b.      The applicant must provide black and white photographs of the structure.

           

Motion carried unanimously.                                                                                                         (32)

As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to concur with the Planning Commission’s recommendations to approve the Final Plat (PF-06-19-02) for First National Addition No. 2, a replat of Lots 1 and 4 of First National Addition, a two-lot commercial subdivision generally described as being east of the intersection of 31^st Street and Iowa, and accept the dedication of easements and rights-of-way subject to the following conditions:

1.                  Provide a revised plat to include:

 

a.      Existing right-of-way width for 31^st Street;

b.      Book & Page reference for previously vacated WNG easement;

c.      Tom Jennings as Planning Commission Chair;

d.      Kay Pesnell as Register of Deeds;         

 

2.                  Submission and approval of a Master Street Tree Plan; and,

3.                  Execution of a Temporary Utility Agreement.

 

Motion carried unanimously.                                                                                                           (33)

As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to concur with the Planning staff’s recommendation to extend the date for the preliminary development plan (PDP-10-18-00) of Delaware Commons, property located east of Delaware Street between 12^th and 13^th Streets to January 2, 2003.  As per Section 20-1013 of the City Zoning Code, requires that a Final Development Plan must be approved and a building permit obtained within an 18-month period.                                                                                                    (34)

As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to initiate a rezoning request for properties in the Stonegate Subdivision where the legal description for the platted property does not match the rezoning ordinance per staff report of August 1, 2002.  Motion carried unanimously.                                                                                                                     (35) 

As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to initiate a rezoning request from twelve property owners in the 700 Block of Sturbridge Court from multi-family zoning to single-family zoning.  Motion carried unanimously.                                   (36) 

As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to concur with the Traffic Safety Commission’s recommendation to establish “no parking”, Monday – Friday, 8:00 a.m. to 4:00 p.m. on both sides of Pinewood between Michigan and Minnesota Street; and, direct staff to prepare the appropriate ordinance.  Motion carried unanimously.    (37)

As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to concur with the Traffic Safety Commission’s recommendation to remove the parking restriction within the cul-de-sac on 22^nd Court north of 22^nd Street; and, direct staff to prepare the appropriate ordinance.  Motion carried unanimously.                                                           (38)

As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to receive the letter from Bowersock Mills & Power Company requesting an alteration of the land lease to allow for the construction of a driveway at the hydroelectric facility located north of City Hall; and, refer the request to the Historic Resources Commission.                                (39)

As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to authorize the Mayor to sign a Subordination Agreement for Danette Michaels, 945 Highland.  Motion carried unanimously.                                                                                                         (40)

As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to authorize the sale of surplus vehicles by Nationwide Auction Systems.  Motion carried unanimously.                                                                                                                                (41)

During the City Manager’s report Mike Wildgen acknowledged the Utility Billing Department for their excellent customer service performance in meeting the demands of the University of Kansas students.

Jim Stuit, Field Operations Superintendent for the Utilities Department, presented a staff report on Inflow/Infiltration removal.  He said the Utility Capital Improvement Projects are guided by the 1995 Wastewater Master Plan.  Part of that Master Plan calls for cost effective removal of inflow and infiltration from the sanitary sewer system.  Inflow and infiltration is groundwater, storm water, and rainwater that enters this sealed system through cracks and leaks in the pipe.   This extra water is expensive to transport through the pump stations and once it arrives at the treatment plant, it is expensive to treat and takes up the valuable capacity in the treatment plant.  He said the City Commission routinely approves Capital Improvement projects for the Utility Department, which is approximately $250,000 this year for manhole rehabilitation.  He said unfortunately most of the work the Utilities Department does is underground and cannot be seen.

Stuit said the Utilities 2001 Manhole Rehabilitation Project took place in their large WR1 drainage basin that is bounded by Iowa, Kasold, 23^rd, and 6^th Streets to the north.  He said they looked at approximately 375 manholes in this drainage basin and rehabbed most of those manholes.  He presented the City Commission with a chart that depicts pre-monitoring and post-monitoring for this project to show its effectiveness.  He said they reduced the flow by several million gallons.  With the calculations of the cost of treatment, there were annual savings.  The end result is that this project will pay for itself in approximately 8 years.    

Mayor Hack called a public hearing on the proposed 2003 City Budget to consider the adoption of implementing ordinances and actions.

Mike Wildgen, City Manager, said the entire budget presented was $107,740,642, but did not include the CDBG Budget which is done separately and has a separate calendar year.  He said the budget is all the various enterprise funds as well as the general fund.  There were a variety of resources, but the property taxes are for four different funds which were library, general funds, recreation and transit.  The mill levy for next year was proposed at 25.573 mills.  He said several weeks ago the City Commission authorized the publication of the notice of budget hearing and tonight was the public hearing.  He said the budget needed to be approved and sent to the County Clerk by August 25 because they use this information to present to the County Treasurer for property tax billing purposes.           

During public comment, Bobbie Flory, representing the Lawrence Home Builders Association, thanked staff and the City Commission for their work on the budget and thought it was an overwhelming task.  She said however, the Lawrence Home Builders Association continues to have opposition to this budget and last year’s budget as it relates to the Neighborhood Resources Department.  The Home Builders Association has felt that the fees that are charged for building permits are used to pay for activities of that department that are not related to construction and are now in the second year of a three phased increase.  She said they oppose that increase until there is some justification that the fees have some benefit to the fee payer, some reasonable benefit as Kansas courts have ruled. 

One idea that would be helpful is to take the Building Inspection Department and take it out of the general fund and place in an enterprise fund.  With this idea, it would be setup in a more business like format where it would be easy to keep track of the money in and out.  She said when the money is in the general fund it is difficult to track those resources.  She said she realized at this point in the budget, that there would not be any huge changes.  She asked if the City Commission, City staff, and representatives from the Home Builders Association, work together and review enterprise funds from other departments that are working well.  She said Wichita has an enterprise fund that resulted in opposition to the way their building permit fees were structures. 

Flory said City staff said there are a lot of costs we don’t see in the Neighborhood Resources Department, for example, payroll cost that are taken from the General Fund.  She said they want to look at all these issues and maybe there was a chance that it might raise the permit fees.  She said construction in Lawrence should not draw out of the General Fund anymore than the General Fund ought to draw out of the revenue from the construction that is in Lawrence.

Tim Halverson, Vice President of Public Policy for the Lawrence Chamber of Commerce, expressed the Chamber’s general support of the proposed City Budget.  He said they would certainly like to see no increase in taxes for businesses and residents.  He said the City Commission and staff had worked hard to come up with fiscally prudent budget. 

Halverson said through this budget process, we have seen the need to continually grow our tax base to support the growth to sustain not only those services we rely upon, but also those quality of life services we provide that differentiate Lawrence from other communities.  He said we have all come to appreciate and expect more than just basic government here in Lawrence.  He said the Chamber continues to enjoy a solid working relationship with the City Commission and staff and look forward to continuing that relationship for many years to come.

Commissioner Rundle said he also supported this budget as it currently was drafted.  He said he previously voiced reservations about the budget to staff and the Commission.  He said he wanted to adopt the perspective that the cup is half full and would have liked to eliminate the 0.8 mill increase as he indicated that it could have been paid out of current year savings and not effected service delivery next year.  He said his fellow Commissioner’s had pointed out that we face an uncertainty, and may have unexpected costs.  He said we can’t be sure that revenues will come in “at” or “above” projections.  He said the citizens face the same uncertainties.  For many of them there are already additional cost of higher school fees and social service agencies and individual recipients of social services that are out there grappling right now with serious funding and cost issues.  Even with eliminating the 0.8 mill increase it would have been on the magnitude of as little as a couple of bucks on peoples taxes.  However, it would have demonstrated a good faith effort on our part. 

He said his concerns have been with the information that is presented in the budget and its completeness and accuracy.  The GFOA recommended practices state that the budget process consist of activities that encompass the development, implementation, and evaluation of a plan for a provision of services and capital assets.  The budget process is to help decision makers make informed choices about the provision of services and capital assets and to promote stakeholder participation in the process.  The awards program that the City has started participating in has a goal of fostering documents of the highest quality to meet the needs of decision makers and citizens.  He acknowledged the hard work that Debbie Van Saun and other staff that had spent a majority of their time working on editing the budget.  He also acknowledged that there were additions to the format that improved the information that was received. 

Commissioner Rundle said the memo he distributed earlier pointed out an aspect that he thought had been lost in previous budgets.  He said they had a clearer idea of why funding levels had changed for each section of the budget.  He said he apologized for not seeing the draft budget in a positive light that his colleagues seem to see the budget.

He said one of his concerns is that we all don’t have access to the same information.  He said the Commission had been provided with ample opportunity to meet with department heads, outside agencies and had substantial documentation.  He said he did not think the information at the Library and on the website had the same level of clarity that the Commission had.  He said within the last 24 hours the budget on the City web page has changed and there are narrative materials that were lacking up to this time. 

He said what was available was simply for the different sections of the budget, the raw figures with no explanation of why things were changing.  The narrative today is somewhat like the narrative they received on July 2, but it did not explain why areas of resources change.  At the Public Library, that same chart is included, but it lacks the explanation the Commission received explaining why resources changed.  He said there was some confusion in the explanations.  Each of the section summaries include statements such as a general one for personnel services that the major increase is due to a 3% salary adjustment.  In quite a number of cases where there is no change in staffing numbers, the increase in personnel services was much higher than 3% and it was hard for him to figure out where that additional money was going.  There were several departments where there was a statement that their major increase in personnel services was due to the 3% salary adjustment, but in this case, the increase in personnel was .036%. 

He said Debbie Van Saun pointed out that there was still a lot of editing before we get to a final document and he said he was willing to wait for that, but he hoped, as the City submits its budget to the GFOA, that they could get some feedback on these earlier phases of the budget and how to improve them so that we achieve the goal which was stated on the GFOA web site that ideally the proposed budget should be a complete and comprehensive document that includes everything that will be in the adopted budget. 

Commissioner Kennedy said the Commissioner’s had 7 meetings and numerous hours of researching and analyzing the proposed budget.   The Commission had a chance to visit with staff and department heads to review their funds and their applications for enhancing their departments to meet the needs of our community.  He said he believed that the City Commission has done a good job at diligently talking and analyzing where they could save money and also questioning them of where they came up with their additional expenses.  He said as a City there was a 3% increase in salary adjustments, but some of those hidden numbers raise the budget. He said just talk to your own health insurance provider to see some of the increases the City would experience which was approximately a 25% increase in some of the areas.  He said this has happened in his business as well.  He said they knew the funding was stretched and hopefully the City could have a tax base that will meet the needs of our community with the appropriate taxation. 

He said the analyzing and researching of the current proposed budget was more than what they have done in the past.  In previous Commissions, they were given the budget to read rather than having the chance to go through the budget with the department heads and discuss what happens in their department.  He said he was pleased with the information he has received from the departments.  He said it is difficult to pass these taxes on and thought that there was a solid budget to look at this year.  He was in support of the proposed budget.

Commissioner Henry said with approximately 4 years with the City Commission, this has been by far the best budget session he had attended and experienced.  Instead of sitting back and waiting to be spoon-fed the information, they actually received a large amount of information and were able to sit down and visit with department heads and outside agencies to talk in depth about their needs.  He said the Commission then had to make hard decisions because everyone always wants more, but there is less available.  He said this was the best budget experienced that he had ever gone through and said he was in support of the proposed budget.

Vice Mayor Dunfield said he was not sure if he would describe it as the best experience, but certainly has been the most thorough in his years on the City Commission.  He said this has been a difficult budget year and unfortunately were looking at future difficult budget years to come.  The expansion of the process that they have started this year will help in dealing with those difficulties.  He said he appreciated the efforts of staff and the decision to take part in this GFOA process.  This gives the kind of feedback on their process that Commissioner Rundle, in particular, has been asking for.  He said the Commission was headed in a good direction as far as the process is concerned.

Mayor Hack said this was a completely different feel for the budget than compared to a year ago.  She said she was able to have a much firmer grasp on the budget and the budget process.  The Commission reviewed the budget earlier this year and as other Commissioner’s had said, they had the opportunity to meet with outside agencies and had a much clearer picture of what their needs were.  Each one of the department heads was able to clearly articulate their department’s request and in many ways, gave us essentially a cost-benefit analysis of their requests.  She said she felt that City staff was readily available with any information she needed.  She said she knew that this was the City staff’s job, but spent some incredibly long days in preparing this budget to make it usable for everyone.  She said when she had a specific question it was always answered and she was appreciative of that. 

She said the encouragement to proceed with the GFOA assessment was due to Commissioner Rundle’s efforts.  She said the budget document and process was not yet perfect, but it was a document that the City continues to work on.  She said they passed the Debt Management Policy that met one of the criteria, worked on their goal setting, and it will be something the City will always continue to work on to improve.  She expressed her thanks to the department heads, Debbie Van Saun, Mike Wildgen, and David Corliss for all of their hard work to prepare the budget.       

Commissioner Henry said as he understood it, Commissioner Rundle’s concern was with the proposed budget not including major resource changes that had appeared in previous budgets and thought it could be addressed and might be helpful.  He said they talked about major resource changes a great deal in all their study sessions and was comfortable, but the general public may not have a full understanding.

Commissioner Rundle said he appreciated all the comments.  He said when the revisions are being made, the fire section has a 3% wage adjustment, but the employees covered by the Memorandum of Understanding receive a higher wage adjustment.  He said he thought it was correctly listed in the Police Department section.  He was also unclear about the recommendation of the 3% wage adjustment and the major differential it represents between the Memorandum of Understanding covered employees and the rest of staff.  He said it seemed like the largest differential that the City had and anticipated concerns among staff.

Moved by Rundle, seconded by Kennedy, to close the public hearing.  Motion carried unanimously.                                                  

Moved by Rundle, seconded by Kennedy, to place on first reading Ordinance No. 7560, adopting the 2003 City Budget.  Motion carried unanimously.                                      (42)

Moved by Rundle, seconded by Kennedy, to place on first reading Ordinance No. 7558, determining the appropriateness of the 2003 Budget property tax revenues in an amount which exceeds the revenues budgeted and expended for budget year 2002.  Motion carried unanimously.                                                                                                                                          (43)

Moved by Rundle, seconded by Kennedy, to place on first reading Ordinance No. 7559, establishing water and sanitary sewer rates for 2003.  Motion carried unanimously.      (44)

Moved by Rundle, seconded by Kennedy, to place on first reading Ordinance No. 7554, establishing sanitation rates.  Motion carried unanimously.                                                     (45)

Moved by Henry, seconded by Kennedy, to approve the 2003 wholesale water rates for Rural Water Districts and Baldwin City.  Motion carried unanimously.                                     (46)

Mayor Hack presented proposed Resolution 6404 concerning unfunded requests from outside agencies.   She said after discussing this issue, Commissioner Rundle came up with several criteria to objectively review the requests.

Commissioner Rundle said the motivation came from the fact that the Commission receives these request and they are always on a case-by-case basis.  He said it often feels like “Solomon’s Choice” in deciding whether to fund them.  He said it would be helpful to let people know a head of time so they can make their presentation and also gives the Commission a way of reviewing these requests more systematically.    

Mayor Hack read the criteria for reviewing unfunded requests from non-city agencies They are:

1.                  Fills an existing gap in City services;

2.                  Meets a City Commission or community goal;

3.                  Provides for a need in the community that is otherwise unmet; and,

4.                  Helps leverage outside funds.

           

The proposed resolution also contains the following questions:

1.                  Is the request a high enough priority to justify the allocation of contingency funds?;

2.                  What are the long-range implications (annual request? related costs? etc.); and,

3.                  What other funding opportunities had the applicant pursued? (e.g. federal and state grants, local citizens, etc.)

 

            Commissioner Kennedy said outside agencies generally approach the Commission due to the City not spending the money they take in, because the City did have contingency funds and contingency’s amount in almost all of the City’s funding organizations.  Kennedy said they did a good job at holding the line as much as possible and had contingency money available for emergency situations.  With these guidelines, the Commission will have a chance to address these requests in a systematic policy approach.

            Commissioner Henry said if the City had a mid-year funding request and if they had these guidelines in place, it would have been much easier to deal with.  He said he thought this was an excellent set of guidelines.

            Commissioner Rundle said by adopting Resolution 6404, this doesn’t mean that these guidelines are exhausted, if anyone had additional comment, they were certainly welcome to contribute.

Moved by Henry, seconded by Dunfield, to adopt Resolution No. 6404, establishing policy guidelines for funding request form non-City agencies.  Motion carried unanimously.   (47)

Mayor Hack presented the report on the extension of the moratoria for annexation of property in North Lawrence and for the annexation of property in the floodplains.

Commissioner Rundle noted that North Lawrence Improvement Association has contacted all the Commissioners.  He said the representative from North Lawrence Improvement Association was not present, but they were in favor of extending the moratorium.

Commissioner Kennedy said he would like information in regards to this moratorium which hopefully will assist  him and the Planning Commission to analyze the new floodplain overlay district.  He had several questions in regards to this moratorium which were:

            1.         In the last two years, how many building permits were issued for new houses in                            North Lawrence and of those, how many were in the flood plain that was on the                                     FEMA map at that time?

2.                  How many of these properties would be impacted by the new overlay and the 2-    foot free board that were being discussed? 

3.                  Do we have existing Ordinances that would need to be changed because of the new flood plain adaptation or the new FEMA maps?

                        Commissioner Kennedy said these were questions he had due to continuing with this moratorium and would be faced with some decisions from the Planning Commission as to what has occurred in the City’s floodplain and how much development is actually happening in our floodplain.  He asked if this issue had already impacted other people who moved into the floodplain because of this development. 

            Vice Mayor Dunfield said it was no secret that he has been somewhat impatient and frustrated by the lack of ability to complete new floodplain regulations.  At the same time, he said he wanted to say that the Planning Commission subcommittee and now the Planning Commission as a whole has clearly been studying these issues seriously and has taken their work seriously and doing it carefully.  In most recent reports from the Planning Commission, it seemed like good progress was being made and was hopeful that this will actually be the last extension that they needed before the Commission is able to enact some good, solid, and meaningful floodplain regulations.

            Commissioner Rundle acknowledged that at the last Planning Commission meeting, that they brought up taking steps to exempt existing property and that reassured some people.  There are still some issues out there regarding lenders requiring insurance.  He said he thought the Planning Commission was working diligently to respond to the major concerns. 

Moved by Rundle, seconded by Dunfield, to place on first reading, Ordinance No. 7562, establishing a temporary moratorium on the annexation of property into the City of Lawrence which is located in designated floodplain areas until October 15, 2002.  Motion carried unanimously.                                                                                                                                      (48)

            Moved by Rundle, seconded by Dunfield, to place on first reading, Ordinance No. 7563, establishing a temporary moratorium on the annexation of property into the City of Lawrence  north of the Kansas River until October 15, 2002.  Motion carried unanimously.     (49)

            Price Banks, attorney representing David Boulter, owner of Henry’s on 8^th Street, presented information concerning a pizza oven/cart within a sidewalk dining area at Henry’s, located at 11 East 8^th Street.  He said he was surprised by the overwhelming negative response of City staff on this issue. 

            Banks showed photographs of the pizza cart.  He said it is a tastefully designed unit and was designed to be outdoors.  He said Mr. Boulter’s intent was to have it within the iron railing that encompasses his outside dining area.  He said the unit was not an oven, but had a heater.  The intent was to warm pizza’s that were acquired from local vendors and to serve them to Henry’s patrons.  He said they thought there might be a market for nearby drinking establishments.  He said the philosophy in contemporary bartending is “the more food the better.”   He said after reviewing the regulations, he disagreed with the staff report.  He said he found no regulation against this type of fixture as long as it was within the dining area.  He said there are other facilities out there adjacent to outside dining that do more than seat patrons.  The patio umbrellas are a good addition, particularly this time of the year.  He asked the City Commission to consider allowing this fixture.

            David Boulter said the idea of this cart came originally when they had the Techniques of Alcohol Management personnel train and certify their bartenders which is not required.  In this management technique, the emphasis is on food.  He said they started out as a restaurant, but it was quite small.  He said they thought there was a need to have food available to bar patrons past 11:00 p.m.  The problem in this area is that the nearest pizza restaurant closes at 11:00 p.m.  He said Teller’s did not have much business after 10:00 p.m. and La Parilla had a limited menu. 

            Boulter said in the vicinity was the Sandbar, Taproom, Raoul’s, Bottleneck, and Tremors.  He said he has spoken with the owner’s of these bars and thought it was important to have food for patrons.  He said pizza made sense because it fits all the categories that help people when they drink.  If someone has a couple slices of pizza, before or after they go out to drink, they will be better off and the public will be safe.  

            He said this cart was in downtown Denver, Colorado for 2 years.   The cart was originally made in England in 1988, and was worth approximately $10,000.  He said all they wanted to do was to set it inside their outdoor dining area and sell pizza by the slice to people who walk by or people who want to come into their bar. 

            Boulter said he talked with Dennis Enslinger, Planner, and the City Attorney concerning this issue.  He said he had called the City Attorney’s office before he brought the cart in and asked if it was okay.  The City Attorney said it was alright.  He said the point of this issue is that it seems to him that he is better off selling someone a slice of pizza rather than a beer.  He said they are to follow the 55% food sales requirement and are way over that percentage. 

            He said he talked to Enslinger concerning this issue and he had concerns of trash, aesthetics, and precedent.  He said he would argue that down the block at Fatso’s they sell Pyramid Pizza and there is a railing on the sidewalk.  If you have a railing that is allowed on the City sidewalk, then that would be similar to what he was asking for.  He said trash containers were important and had those in the outdoor dining in order to comply.  He said maybe from the tax revenue of pizza sales, they could put a trashcan on 8^th Street.  He said he did not see a great deal of coffee cups or anything else that was associated with food.  He said this cart has been inspected by the State Health Department.  In the inspection it said this cart is not to be moved.  He said he did not want to put the cart in front of other businesses. 

            Commissioner Kennedy asked how long they had the cart there.

            Boulter said he brought it from Colorado a couple of months ago.

            Commissioner Kennedy asked if it was successful when they were running it.

            Boulter said they have not yet operated it.  He said he talked to the City Attorney’s office and did not want to fire this up until they knew they would not be in  trouble.  He said in Denver, Colorado, his brother averaged approximately 100 to 200 slices a night all though, he sold 642 slices one night.   He said it was not going to be a big money maker. 

            Commissioner Henry asked if the power requirements were 220 amps.

            Boulter said the cart was self-contained and had a butane burner with natural gas.  He said you could heat the oven up to 400 degrees and had a hand washing station, so it meets the Health Department’s requirements.                                          

            Commissioner Rundle asked Dennis Enslinger to explain staff’s concerns.

            Enslinger said one of the main concerns was the intent of sidewalk dining was specifically for an outdoor eating area, not for the preparation of food in that manner.  He said the current license did not allow that type of revision.  He said there are other issues as to where to draw the line for instance, hotdog stands and popcorn stands and how do you deal with those other issues if you allow the pizza oven.  He said if the Commission leans in that direction, staff would ask for some direction on what is allowable as opposed to what is not allowable. 

            Commissioner Kennedy asked if it was impossible to have a cart downtown.

            Enslinger said there are 4 vendor locations along Massachusetts Street where you can actually get a street vendor license and sell outside of a sidewalk dining area.  It is possible, just not at that location.

            Mayor Hack asked how close to that location is the street vendor.

            Enslinger said 8^th & Massachusetts.

            Mike Wildgen, City Manager, said flowers were sold there.  At 9^th & Massachusetts there have been several different street vendors.

            Commissioner Rundle said they mentioned food preparation.  He said it did not sound like Henry’s would be preparing food, but keeping the food warm.

                        Enslinger said he was unclear due to the fact that the pizza cart can heat up to 400 degrees.

            Commissioner Rundle said maybe they were stepping into the bounds of the public health.  He said he understood that the Health Department regulates vendor’s food stands at the Farmers Market based on enclosed containers.  He said he did not see this issue as an exception, but he was hoping to get as much guidance as possible.  

            Enslinger said Mr. Boulter has indicated that the Health Department had approved the cart in terms of food preparation.

            Rundle asked Boulter to comment on how the Health Department approved his cart.  He asked if they approved it for food preparation or food storage. 

            Boulter said it was simply a resale of a prepared product.  He said they would buy pizza from Rudy’s or other vendors.  It would be put into the oven once the pizza arrives and kept at a proper temperature so it meets all the standards of the Health Department.

            Commissioner Rundle asked if this was how the Health Department specifically rated the cart.

            Boulter said “yes.”  He said they were not going to prepare anything.

            Commissioner Rundle asked if the Health Department’s ruling specifically stated that it was for holding the food.

            Boulter said “yes.”  He said he thought outdoor dining areas are a self-solving problem because most of the dining areas are small and regulated.  He said he would be losing one table due to this cart.  He said he did not see this as a problem that would grow in the other outdoor dining areas because they would not want to sacrifice tables.  He said he thought it was an important issue to feed people after 9:00 p.m. or 10:00 p.m., something to keep them from drinking so much.    

            Boulter said in the street vendor ordinance, all carts must be removed after 9:00 p.m.

            Commissioner Rundle asked Boulter if he provided staff with a copy of the Health Department’s approval.

            Boulter said “no”, but he would be happy to provide a copy to staff.  He said he thought that they would need to revise their site plan. 

            Commissioner Rundle said the pivotal issue here is this Health Department issue  He asked staff if litter became a problem if they could revoke the sidewalk dining license. 

            Wildgen said by requiring a revised site plan could be one way of handling this situation. He said the license is not a permanent approval it can be revoked or denied.

            Commissioner Rundle said he was leaning towards favoring this issue, if the Commission could have some kind of review established.

            Vice Mayor Dunfield said it seems to him that we want to encourage this kind of activity in the downtown area and it is a good thing to have these signs of life at different hours of the day.  He said he thought staff’s concern was if the pizza-warming device is okay, then why not a refrigerator or soda machine.  Because we have the authority to regulate sidewalk dining through the license process, he thought we could use that same process to make that determination as to whether the kind of outdoor furnishings that are being provided are appropriate. 

            Commissioner Henry said he was comfortable with the site plan process as part of the license.  He said he was comfortable with this idea rather than opening up the door to any possible appliance.  

            Wildgen said the Commission could direct staff to work with the applicant to provide a site plan for the City Clerk and the Planning Departments records, if approved.   He said if the Commission wanted to see a copy of the Health Department approval, it should be part of the site plan.        

            Commissioner Rundle said if staff could demonstrate the detrimental impact of these appliances, he certainly would want to know this.

            Commissioner Kennedy said if something went wrong in another area, such as putting in a pop machine, then they would need to revisit their license.  He said the Commission would revisit Henry’s license and proceed with the revised site plan.

            Mayor Hack told Boulter that he did a good job of presenting his information because her inclination, at first, was not as positive as it was after hearing his information.  She said she had concerns about the pop machines, microwaves, and refrigerators, but given the caveat that there are methods to take care of these issues she appreciated that.

            Moved by Kennedy, seconded by Rundle, to approve a request from Henry's, located at 11 East 8th Street, to operate a pizza oven/cart within the sidewalk dining area subject to approval of a revised site plan and subject to otherwise complying with its sidewalk dining license requirements.  Motion carried unanimously.                                                                              (50)

Chuck Soules, Public Works Director, presented the status report on the proposed improvements at 19^th Street and Barker Avenue.  He said the Commission received a memo from the City Engineer with a lot of information on the history of this project.  He said this project was initiated in 1999 when Trans Systems was hired to perform a traffic calming study on Barker Street between 15^th and 23^rd Streets.  After several public meetings there are four recommendations which are:

1.                  Place a traffic circle at 17^th and Barker;

2.                  Construct a series of median islands and alternate parking from one side of the street to the other along Barker Avenue;

3.                  Construct a sidewalk along Learnard Street; and,

4.                  Construct a roundabout at 19^th and Barker.

            He said Trans Systems presented to the City Commission and residents of the neighborhood 2 basic options for the roundabout which were a large and a small diameter roundabout.  He said staff was directed by the City Commission to present plan concepts of the small diameter roundabout.    He said staff had gone a step further and asked Trans Systems to provide to staff six different alternatives and were presented to the adjacent property owners.  He said one alternative was to push the center of the roundabout to the northeast and southeast and center the roundabout.  He said the other variations were to put the sidewalk on the back of the curb or remove it off the back of the curb. 

            He said staff talked with the adjacent property owners to discuss how they wanted to proceed because of some right-of-way issues.  At this meeting was a consensus to select the centered option, but there were differences of where residents wanted the sidewalks within their property whether its on the back of the curb or removed off the back of the curb.  He said staff would handle this issue as they work through the design process. 

            Soules said Commissioner Dunfield had asked about traffic counts in the area, which were 14,303 in 1998 which was taken when this intersection was on the traffic signal priority list.  He said there were 5 accidents in 1998 and 13 in 1999.  He said this was a considerable number for a fully controlled 4-way stop intersection.  He said staff was looking for the City Commission’s direction.  If the Commission would like staff to proceed with the final design staff was ready to proceed.

            The anticipated construction would be next summer. 

            Brad Kemp, property owner at the northeast corner of 19^th and Barker Ave., said he did not think the centered option for the roundabout design was the consensus of the neighbors.  He said he has said all along that his preference for dealing with this intersection would be to leave it alone realizing that there was not much likelihood of that happening.  He said his preferred for a roundabout would be one that mitigates the impact of the residents at the intersection. 

            The owners of the Laundromat at the southeast corner of the intersection has indicated willingness to sell the property so the roundabout could be shifted that way and thus mitigate its impact on the residents at the other three corners.  He said he did not know if that was possible or not, but would like the Commission to examine the possibility.  He said if this was not a possibility, then the centered roundabout was one the neighbors preferred.  Certainly the one he preferred become most nearly equally distributes the lost land among the four corners.  He reiterated that his preference and other neighbors was for the roundabout to be shifted away from their houses and toward what would become a new buildable lot if the Laundromat was torn down and the roundabout was shifted in that direction.

            Leamarie Herron, property owner at the northwest corner of 19^th and Barker, said she wanted the chance to clarify their position about the roundabout.  She said staff had said the residents reached a consensus in favor of the centered option.  She said the Commission had heard that Mr. Kemp indicated that his preference was to take the Laundromat and shift the roundabout toward the southeast. 

            She said they also did not support the centered option.  She said they were out of town at the time of the initial meeting with the City Engineer and therefore met with the City and Traffic Engineer and a representative from Trans Systems at a later date.  At that meeting they were asked what option they preferred.  She said they indicated that their preference was to shift the roundabout towards the southeast and to purchase the Laundromat. The Barker Neighborhood Association met in July and voted unanimously to support this option.  This option appears to take the least amount of property from the residential homeowners thereby protecting residential nature of the intersection.

            She said they also indicated that the northeast option was unacceptable because that option shifts the burden to both of the north neighbors.  By default, the center option was there second choice which was indicated to the City Engineer.  She said they were told by the City Engineer that the neighbors reached a consensus that they supported the centered option.  She said they told the City Engineer if all of the neighbors did have a consensus f