August 13, 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, Henry, and Kennedy present. Commissioner Rundle was absent.
Mayor Hack proclaimed Saturday, August 17, 2002 as “Scouting Extravaganza Day”; and, “Unity Day”.
As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to approve the City Commission meeting minutes of August 6, 2002. Motion carried unanimously.
As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to approve the Historic Resources Commission Action Summaries from June 20, 2002 and June 26, 2002; and, the Aviation Advisory Board meeting minutes of May 23, 2002. Motion carried unanimously.
As part of the consent agenda, it was moved by Henry, seconded by Kennedy, toapprove claims to 365 vendors in the amount of $1,684,127.77 and payroll from July 28, 2002 to August 10, 2002 in the amount of $1,294,182.73. Motion carried unanimously.
As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to approvethe Drinking Establishment Licenses for Emerson Biggins, 3512 Clinton Parkway; Cadillac Ranch, 2515 West 6th Street; and, Raoul’s Velvet Room, 815 Massachusetts (Contingent Upon State License). Motion carried unanimously.
As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to authorize the City Manager to execute an engineering design contract with Bartlett & West Engineers, Inc. for Riverside Business Park sanitary sewer improvements, in the amount of $77,815.33. Motion carried unanimously. (1)
As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to set a bid date of September 17, 2002 for improvements to the Kaw Water Treatment Plan to meet new regulatory requirements for lime residual removal and disposal. Motion carried unanimously. (2)
Ordinance No. 7561, establishing “no parking” along the west side of Barker Avenue between Pawnee Avenue and Winona Avenue, was read a second time. As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to adopt the ordinance. Aye: Dunfield, Hack, Henry, and Kennedy, Nay: None. Motion carried unanimously. (5)
Ordinance No. 7564, annexing into the City of Lawrence, Kansas, Lot 1, Block 1, of Herrman Addition, a subdivision in Douglas County, Kansas, was read a second time. As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to adopt the ordinance. Aye: Dunfield, Hack, Henry, and Kennedy. Nay: None. Motion carried unanimously. (6)
Ordinance No. 7556, adopting the 2002 version of the Standard Traffic Ordinance, was read a second time. As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to adopt the ordinance. Aye: Dunfield, Hack, Henry, and Kennedy. Nay: None. Motion carried unanimously. (7)
Ordinance No. 7557, amending Section 17-702 of the City Code to allow law enforcement officers to ride bicycles upon sidewalks, was read a second time. As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to adopt the ordinance. Aye: Dunfield, Hack, Henry, and Kennedy. Nay: None. Motion carried unanimously. (8)
Ordinance No. 7560, adopting the 2003 City Budget, was read a second time. As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to adopt the ordinance. Aye: Dunfield, Hack, Henry, and Kennedy. Nay: None. Motion carried unanimously. (9)
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, was read a second time. As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to adopt the ordinance. Aye: Dunfield, Hack, Henry, and Kennedy. Nay: None. Motion carried unanimously. (10)
Ordinance No. 7559, establishing water and sanitary sewer rates for 2003, was read a second time. As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to adopt the ordinance. Aye: Dunfield, Hack, Henry, and Kennedy. Nay: None. Motion carried unanimously. (11)
Ordinance No. 7554, establishing sanitation rates, was read a second time. As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to adopt the ordinance. Aye: Dunfield, Hack, Henry, and Kennedy. Nay: None. Motion carried unanimously. (12)
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, was read a second time. As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to adopt the ordinance. Aye: Dunfield, Hack, Henry, and Kennedy. Nay: None. Motion carried unanimously. (13)
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, was read a second time. As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to adopt the ordinance. Aye: Dunfield, Hack, Henry, and Kennedy. Nay: None. Motion carried unanimously. (14)
As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to concur with the Planning Commission’s recommendations to adopt the findings of fact and approve the request for rezoning (Z-06-19-02) of approximately .674 acres, from RS-2 (Single-Family Residence District) to PRD-1 (Planned Residential District); and, direct staff to prepare the appropriate ordinance. The property is generally described as being located north of West 6th Street between Queens and Folks Road. Motion carried unanimously. (15)
As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to concur with the Planning Commission’s recommendations to adopt the findings of fact and approve the request for rezoning (Z-06-20-02) of approximately 2.061 acres, from PRD-1 (Planned Residential District) to PCD-1 (Planned Commercial District); and, direct staff to prepare the appropriate ordinance. The property is generally described as being located north of West 6th Street between Queens and Folks Road. Motion carried unanimously. (16)
As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to concur with the Planning Commission’s recommendations to adopt the findings of fact and approve the request for rezoning (Z-06-21-02) of approximately 1.246 acres, from PCD-1 (Planned Commercial District) to PRD-1 (Planned Residential District); and, direct staff to prepare the appropriate ordinance. The property is generally described as being located north of West 6th Street between Queens and Folks Road. Motion carried unanimously. (17)
As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to concur with the Planning Commission’s recommendation to approve a revised preliminary development plan (PDP-06-05-02) of Westwood Hills Townhomes. The plan proposes a 17.996-acre townhome and planned commercial development located ½ mile north of West 6th Street between Queen and Folks Road. The plan proposes 67 dwelling units and three commercial buildings containing approximately 18,500 square feet, subject to the following conditions:
1. Provision of a note stating, “Prior to any subsequent division of the subject property, the developer/owner will work with private utility companies to identify possible additional necessary utility easements. In the event that additional easements are warranted, these easements will be recorded via separate instrument with County Register of Deeds; and,
2. Revise Phase V in Summary to be shown as “PCD.”
Motion carried unanimously. (18)
As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to concur with the Planning Commission’s recommendations to adopt the findings of fact and approve the request for rezoning (Z-06-17-02) of approximately 0.20 acres, from RS-2 (Single-Family Residence District) to RD (Resident Dormitory District); and, direct staff to prepare the appropriate ordinance. The property is generally described as being located at 1612 West 15th Street. Motion carried unanimously. (19)
As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to approve the 2003 Eagle Bend Golf Course rates. Motion carried unanimously. (20)
As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to authorize the Mayor to sign a Release of Mortgage for Lydia Jones, 816 East 14th Street. Motion carried unanimously. (21)
As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to authorize the Mayor to sign a Release of Mortgage for Frances Inverarity, 622 Greever Terrace. Motion carried unanimously. (22)
As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to authorize the Mayor to sign a Subordination Agreement for Angela Nascimento, 817 Alabama. Motion carried unanimously. (23)
As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to set a bid date of August 27,2002, 2:00 p.m., for the Airport Improvement Project – Schedule IV, Wetlands Mitigation. Motion carried unanimously. (24)
Vice Mayor Dunfield pulled from the consent agenda for discussion, the site plan (SP-06-45-02) for the Pi Beta Phi Sorority parking lot expansion location at 1612 West 15th Street. He said in reviewing this item there was considerable discussion at the Planning Commission about a staff recommendation for an additional ten feet of right-of-way to be assigned along 15th Street. He said he felt this issue needed to be discussed concerning the possible provisions and what their options are as far as the right-of-way.
Sandra Day, Planner, said the Planning Commission considered at their meeting, both the preliminary plat and the rezoning. The preliminary plat does not get forwarded back to the City Commission and the final plat will be brought before the Commission in September. The discussion related to the preliminary plat with regard to right-of-way. There are two streets that need additional dedication of right-of-way. These streets are Crescent Road, which is on the north side of the preliminary plat which includes the Pi Beta Phi property as well as an individual residence; and, 15th Street which is a collector street. Staff recommended, with regard to 15th Street, that the additional right-of-way be dedicated. It is a requirement of the Subdivision Regulations that the dedication is provided, unless a variance was granted and was consistent with the actions that were taken with the St. Lawrence Campus Parish immediately adjacent to the subject property. The Planning Commission took under consideration a variance request by the applicant to allow a plat with a reduced right-of-way. There was discussion concerning 15th Street and “when” and “if” improvements for 15th Street would be scheduled and also, how that would impact this particular property in regard to relating to their existing access drives or enter their property. The Planning Commission ultimately approved the variance for the reduction in the required right-of-way for a collector street along this subject property.
She said what the City Commission had before them this evening was a site plan which deals with the parking lot expansion to the rear of the building that is in response to parking demands for the sorority. There was a building addition that was done in 1999 and several variances that were granted by the Board of Zoning Appeals for the improvements they did in 1999 as well as the proposed site plan in terms of parking lot design, setback, and landscaping requirements.
Linda Finger, Planning Director, addressed Vice Mayor Dunfield’s question about what options they had concerning right-of-way. She said the options the Commission would have would be at the final plat stage and/or as a condition of approval of the site plan. At the final plat stage, the Commission‘s options are fairly limited because the Planning Commission has the authority to grant a variance and has done so. She said their options were restricted to not accepting the right-of-way when it comes to the Commission which means the plat cannot be filed or carried forward. The site plan itself would be subject to approval of the final plat or the right-of-way was not accepted. This was the Commission’s option. She said maybe there was a possibility if the Commission believes it is necessary, the dedication of a separate easement for right-of-way purposes. In several different instances, staff had accepted easements in place of rights-of-way so that building setbacks are not impacted. In this situation, it would be less desirable easement or right-of-way because the property is built to the existing curb line.
Vice Mayor Dunfield asked what was the practical distinction between a right-of-way and an easement in this case given this particular piece of property and the fact that it is already developed.
Finger said the only distinction was setback for future development and existing parking. They would both serve the same purpose to allow for road widening.
Vice Mayor asked if this would alter the setback.
Finger said “yes”, but it does not affect the parking or setback of the building which may already be closer than the zoning would allow it today. She said the impact on this property would be that it sets a precedent for the only other property along north 15th Street that would have an impact by a widening of 15th Street that is not University property.
Vice Mayor Dunfield asked, other than to vote up or down on the site plan, was the Commission’s only option to make recommendations.
Finger said there were two options for the Commission. One option was to approve the site plan subject to the final plat and work with it as it comes to the Commission as a dedicated right-of-way in terms of acceptance or rejection of that right-of-way. The other option was to add a condition to the site plan to add a separate road easement along the north side of the existing right-of-way for 15th Street for sidewalk, utility, and roadway purposes.
Vice Mayor Dunfield said as he reviewed the discussion that went on at the Planning Commission, he wanted to summarize the differences in the points of view. In essence, whether a right-of-way or an easement is granted at this time, does not change the use of the property unless and until such time as there is a widening of 15th Street.
Day said that was correct.
Vice Mayor Dunfield said if that project never happened, than there would be no change in the property, its use, or requirements with or without the easement or right-of-way.
Day said how the property is valued and the dimensions of the lot would be affected by that change of right-of-way. Staff had actually recommended that with the dedication of right-of-way, staff would advise an additional recommendation for an agreement to use the right-of-way until such time that the road improvement was needed.
Tim Herndon, Landplan Engineer, representing the applicant, said that he was not entirely clear of what Vice Mayor Dunfield’s concerns were. He said the issues surrounding this 10-foot strip are vast given the size and confined location of this project. There are many elements about this issue that are important and all are inter-related, but for the Planning Commission to grant a variance on a right-of-way, which is clearly noted on our Subdivision Regulations, that is a power exclusive to the Planning Commission. To turn around in a week or two, for another body to essentially undo that by dedicating a roadway easement or by some other mechanism, strikes him as odd. He said this is a process that he did not feel personally equipped to address either from a statutory standpoint or the “right” and “wrong” aspect.
He said what he could share with everyone was the Catholic Center did dedicate 10-feet of right-of-way adjacent to 15th Street not to long ago with the numerous processes that accompany their parking garage improvements. One marked difference between the Catholic Center’s and the Pi Beta Phi’s properties is that the Catholic Center had one structure on their property that took access to 15th Street and would have been affected by this 10 foot additional right-of-way and ultimately a widening of 15th Street. He said this was an entrance sidewalk and steps going up to an existing house that was torn down to build this garage. He said now the garage is going up with access strictly to Engel Road and the forfeiture of 10 feet by the Catholic Center, is not impacting their interest.
He said the Pi Beta Phi’s on the other hand, have a circular drive with two access points that are steep, with a sidewalk, set of steps, and a number of underground utilities on their property. He said that under today’s project premise, which is to improve a parking lot behind their house, there was no way to ascertain the exact value or damages that they would incur by the giving of this right-of-way.
Whether or not the street is widened today or ten years from now is almost immaterial because, as Ms. Day pointed out, there is a certain reduction in value to the property just by the forfeiture of the square footage. On the other hand, there is certainly the future impact upon their lifestyle, aesthetics, and a pattern of use that has existed for decades.
Herndon said Landplan had done a facility expansion in 1999 for Pi Beta Phi at which time 6 variances were granted to allow this project to occur. Notably, one of those variances was to allow their circular drive to remain by granting them the ability to encroach on the parking lot setbacks and other things. He noted the cost of the 28 stalls were more than double what the stalls in the parking garage at the Catholic Center cost. He said this was after property acquisition and retaining walls which were substantial. He said it was important to get these girls on their property, so they did not need to park in the neighborhood and in front of peoples’ homes at night. There were negotiations that were as extensive as Phi Beta Phi’s working with the Catholic Center to perhaps acquire a lease on some of the stalls in the new parking garage, but it was determined that the load in the Catholic Center itself took care of all the parking stalls available on the first two floors and additional stalls would have required an additional deck, which wasn’t feasible. He said this was a synopsis of some of the elements.
He said the Pi Beta Phi’s have shown good faith by not protesting a formation of a benefit district and acknowledge that in some point in the future 15th Street may be widened. There is a property east of the Pi Beta Phi’s that would be similarly affected and if you looked at a bigger picture that shows the south edge of 15th Street and study how Jayhawk Towers relates to this widening, you would see that the complex nature of some widening which has not been studied would make it a complex issue. He said the Phi Beta Phi’s are reasonably asking that they be allowed to do their project in the back and acquire some parking stalls and not negate this expensive effort by giving up the stalls that exist in the front, either in the circular drive or the few stalls that are adjacent to 15th Street in their parking lot. He said it would be crazy to do this because their parking stalls cost approximately $25,000 a piece. He said at some point in the future, it is probably reasonable that if there is additional right-of-way to be taken then it should be negotiated in a fair manner and that cannot be done today.
Vice Mayor Dunfield said his concern in this matter was that we do what we can to follow our Subdivision Regulations and follow those aspects that allow us to make decisions about future transportation needs and also, prepare for a specific project which has been considerably discussed by the University. Although it has not been part of our Capital Improvement Budget, we’ve never funded the project, but it was on our Capital Improvement Plan and will continue to be a part of our Capital Improvement Plan. He said he questioned whether it was prudent for us now, to take the steps we need to take in order to allow this to happen at some point in the future, if it does happen.
Mayor Hack asked, because there were only 4 Commissioners present and they seemed to be in between a rock and a hard place, whether it would be a good idea to defer this issue for one week.
Finger said staff did not have an objection to a one-week deferral, but she did not know the applicant’s timetable.
Commissioner Kennedy said deferral was fine with him. He said he always liked to follow his Planning Commission and take their recommendations to heart. He said this was an unusual position for this sorority to be in, to add a parking lot entirely to the north, not affecting any part of their right-of-way.
Commissioner Henry concurred with Commissioner Kennedy. He said he would like to follow the Planning Commission’s recommendations as much as possible, but in view of the conversation tonight, and the additional information that has been provided, he said he would like to have another week to study this issue.
After Commission discussion and public comment from the applicant's representative, the Commission deferred for one week, the Pi Beta Phi parking lot expansion site plan. (25)
During the City Manager’s report Mike Wildgen said there were two presentations tonight, one presentation was from Kay Kent, Lawrence/Douglas County Health Department, concerning the West Nile Virus issues.
Kay Kent, appreciated the opportunity to brief the City on the State plan for the West Nile Virus. She thanked the media for the coverage that they had given to the West Nile Virus so far because it has been excellent and informative.
Kent said the West Nile Virus is spread to people by the bite of a mosquito infected with the virus. It is not transmittable from person to person, animal to animal, or bird to human, but by the bite of a mosquito.
The symptoms of West Nile Virus are usually mild, which are flu like symptoms such fever, headaches, muscle aches, swollen glands and sometimes a rash, but there are rare instances where it cause encephalitis and death which has been seen in Louisiana and in Mississippi.
In terms of treatment, there is no vaccine for humans against this disease and there is no specific treatment.
Most importantly, is to reduce our chances of being bit by an infected mosquito. She said they are encouraging people that if they are going to be out before dawn or after dusk, to where mosquito repellant that contains DEET. She urged everyone to read the label to apply the repellant properly, in particular, with children. Long sleeves and pants are important also.
Some of the measures the public can take is to make sure they eliminate stagnate water such as in potted plants and tires. She said installing yellow light bulbs would not attract mosquitoes when turned on. She also said citizens should make sure window screens are in good condition.
Kent said there was a Kansas West Nile Virus Plan. The groups of people involved in this plan are the Department of Health and Environment, Kansas State University, Kansas University, Department of Wildlife, Kansas Animal Health and the Kansas State Extension. The purpose of the plan is to outline surveillance activities and to provide a tiered prevention control and response plan. The response plan is based on location of where something happens, the type of evidence that indicates that we have a problem, and the data from the surveillance that is being done would be the basis for the recommendations.
Concerned citizens can call to report dead birds such as crows and blue jays because these birds have been shown to be sensitive to the West Nile Virus (Toll Free 1-866-452-7810). The recording indicates the condition of the bird should not have been dead more than 24 hours, and be intact. She said be sure to pick the bird up with gloves or a double plastic bag and put the bird in the freezer and they would arrange picking up the birds. She said the reason for dead bird surveillance is in states that had outbreaks of West Nile Virus, these dead birds have been a good measure of the disease in the area.
The second type of surveillance is mosquito surveillance. Across the State, mosquitoes are being trapped and tested for the virus. The other type of surveillance is to encourage veterinarians to report any suspected cases of West Nile Virus as early as possible.
In terms of communications, all public health departments are on call with KDHE 24 hours a day, 7 days a week. KDHE is in close contact with Kansas University who is testing the birds and Kansas State is testing the mosquitoes.
The findings today with the dead birds they have tested, none have been confirmed to have West Nile Virus. The sampling from the mosquito trappings is just now being analyzed. She said there was two horses diagnosed with the West Nile Virus found in Kansas. One horse found in Cowley County and the other in Ford County.
In terms of local response, they are meeting with appropriate City and County staff, Kansas Extension and the Health Department to brief everyone on the State plan and to help us to become better prepared in case of the West Nile Virus comes to our community. She said they are encouraging residents who have questions to call the Health Department at 843-0721.
Mike Wildgen asked Kent to comment about the spraying for mosquitoes.
Kent said there are a number of people who wonder why we are not spraying. She said the surveillance that they are doing is going to be the basis for determining what response they need to take and spraying is the last measure. She said they probably would have a human case before they would go that route. She said the first level of spraying would be mosquito larva because you would want to get the mosquito at that earlier stage. (26)
Also during the City Manager’s report, Fred DeVictor, Parks and Recreation Director, presented information on the McGrew Trail Project. He said earlier this summer they instituted a department reorganization which was part of the recommendation of the Parks and Recreation Comprehensive Plan. He said they have been without a Parks Superintendent for approximately 13 years and introduced Mark Hecker, Superintendent of Parks and Forestry. He said Hecker has served as project manager for an infrastructure project in the McGrew Nature area and pointed out the project was on time and under budget.
Hecker showed slides of the McGrew Nature Trail. He said this project turned out to be one of the better Parks and Recreation improvement projects because it was under budget and on time due to good bids and construction time. He said basically they improved what was already there. The improvements were north of 15th Street, west of Inverness because that area was prone to high water. He said there were 4 low water crossings on the old trail and bridged these areas. (27)
Also during the City Manager’s report, Chuck Soules, Public Works Director, presented information on the fuel leak at the Central Garage. He said in February staff presented to the City Commission a report that the fueling facility at 11th and Haskell Avenue indicated a fuel leak from the City’s underground storage tanks. He said they immediately shut the tank down and contacted KDHE. He said staff looked at all the options for replacement and what staff needed to do to remove these tanks.
He said staff came before the Commission to discuss the option of the Public Works Department removing the tanks to install new tanks. The project began August 5th and with KDHE on site, staff removed 4 tanks and hauled them to the west 40 site. The contaminated soil was also removed. KDHE has a limit of 300 parts per million (the acceptable limit is <100 parts per million for action as general remediation). When the tanks were removed staff worked with KDHE until all the soil within that <100ppm limit was taken out of the area an the area was backfilled.
On Thursday, staff began excavation for one of the new tanks. He said staff had contacted KDHE to inform them that they were starting this process. The new tanks would sit to the north of where the existing tanks were installed. The soil that was excavated was taken to 8th and Oak near a boat ramp.
Soules said staff did make a mistake in that the petroleum left an odor. However, when KDHE tested the soil, it was slightly detectable. He said he did not know how sensitive KDHE’s instruments were, but it was not a big issue with them at that time.
On Friday, Dave Murphy, Friends of the Kaw, was contacted by a citizen who had concerns of where the soil was placed in proximity to the river. Mr. Murphy contacted KDHE and asked them to go monitor the site. KDHE retested the soil and again, it was low. He said KDHE original thought was to contact the City on Monday because it wasn’t urgent from their perspective. This was not satisfactory to Mr. Murphy.
Soules said staff thought it was inappropriate to place the soil at that location. As soon as staff was contacted, a crew was sent to the site at approximately 1:30 p.m. on Saturday and worked until 9:30 p.m. and came back first thing in the morning and removed the remainder of the soil.
He said he contacted Mr. Murphy and KDHE and both are satisfied with the work that was completed. He said staff has removed all the soil from the 8th and Oak and it was taken out to the west 40 area. (28)
Mike Wildgen presented the staff report in considering the adoption of Resolution No. 6405, ordering the improvement and authorizing the issuance of general obligation bonds for the construction, improvement, and repair of certain City airport facilities T-Hangars. He said the Commission had only authorized the design contract for this project. He said staff had put a total package together based on the present estimates. Wildgen said if the project was not approved, the City would only need to pay for the design phase of this project. If the project were approved, staff would need to get the financing for this project unless the bids were higher than expected.
Wildgen said the bids were reviewed and they looked good. The problem was whether the FAA would have the money to fund this project. He said staff was optimistic that they would come up with additional funds.
Commissioner Henry said the City needed to get started on this project.
Wildgen said the Commission would see the design contract before they get the bids.
Moved by Henry, seconded by Dunfield, to adopt Resolution No. 6405, ordering the improvement and authorizing the issuance of general obligation bonds for the construction, improvement, and repair of certain City airport facility T-Hangars. Motion carried unanimously.
(29)
Mayor Hack called for public comment.
John Thornburg asked about the wetland mitigation that was added to tonight’s consent agenda.
Wildgen said it was related to the airport and the work that is going to be done on the southern extension of the runway. The runway would extend into an existing wetland area so they have to mitigate that area. He said this is a contract for work north of the Kaw Water Plant where the City owns land which would replace a ratio of 2 to 1 acres.
Mayor Hack commented that the students are returning to Lawrence. She asked that citizens be aware of intersections and streets because as they may be familiar to Lawrence residents, they may not be to others.
Mayor Hack also asked citizens to be aware of school children around schools zones and crossing areas.
Commissioner Kennedy commented that the transit milestones that the City hit this month are exceptional for our young and growing transit system. The transit system carried over 20,000 riders this month. He said including para transit and fixed transit there were 25,265 rides that were given to our community which amounts to 6.02 rides per hour which was well above the 5 rides the City was trying to achieve.
Moved by Dunfield, seconded by Kennedy, to recess into executive session for approximately 15 minutes to discuss personnel issues of nonelected personnel. Motion carried unanimously.
Following the executive session, the Commission reconvened in open session. Moved by Kennedy seconded by Dunfield, to authorize the Mayor to sign the City Manager's revised employment contract and approve a 2.5% increase to the City Manager's base salary and deferred compensation contributions, effective July 1, 2002. (30)
Moved by Kennedy, seconded by Dunfield to adjourn at 7:43 p.m. Motion passed unanimously.
APPROVED:
_____________________________
Sue Hack, Mayor
ATTEST:
_____________________________
Frank S. Reeb, City Clerk
1. Engineer Design Contract – Riverside Business Park sanitary sewer improvements to Bartlett & W Engineers for $77,815.33
2. Bid Date Set – Kaw Water Treatment Plant for new regs for lime residual removal & disposal
3. Ordinance No. 7566 – 1st Reading, “No parking”, Mon-Fri, 8 am – 4 pm, both sides of Pinewood between Michigan & Minnesota.
4. Ordinance No. 7567 – 1st Reading, Remove “no parking” within cul-de-sac on 22nd Ct., N of 22nd.
5. Ordinance No. 7561 – 2nd Reading, “No Parking” W side of Barker between Pawnee & Winona.
6. Ordinance No. 7564 – 2nd Reading, Annex Lot 1, Blk 1, Herrman Addition.
7. Ordinance No. 7556 – 2nd Reading, 2002 Standard Traffic Ordinance.
8. Ordinance No. 7557 – 2nd Reading, Amend 17-702 City Code to allow law enforcement officers to ride bikes on sidewalks.
9. Ordinance No. 7560 – 2nd Reading, 2003 City Budget.
10. Ordinance No. 7558 – 2nd Reading, 2003 Budget property tax revenues.
11. Ordinance No. 7559 – 2nd Reading, water & sanitary sewer rates for 2003.
12. Ordinance No. 7554 – 2nd Reading, sanitation rates.
13. Ordinance No. 7562 – 2nd Reading, Temp moratorium on annex of property into City located in designated floodplain areas.
14. Ordinance No. 7563 – 2nd Reading, Temp moratorium on annex of property into City, N of KS River.
15. Rezone – (Z-06-19-02) .574 acres from RS-2 to PRD-1, W 6th between Queens & Folks.
16. Rezone – (Z-06-20-02) 2.061 acres from PRD-1 to PCD-1, W 6th between Queens & Folks.
17. Rezone – (Z-06-21-02) 1.246 acres, PCD-1 to PRD-1, W 6th between Queens & Folks.
18. Prelim Dev Plan – (PDP-06-05-02) Revised, 17.966 acre townhome & planned commercial development, ½ mile N of W 6th between Queens & Folks.
19. Rezone – (Z-06-17-02) .20 acres, RS-2 to RD, 1612 W 15th.
20. 2003 Eagle Bend Golf Course rates.
21. Mortgage Release – 816 E 14th, Lydia Jones.
22. Mortgage Release – 622 Greever Terrance, Frances Inverarity.
23. Subordination Agreement – 817 Alabama, Angela Nascimento.
24. Bid date set – Airport Improvement Project, Schedule IV, Wetlands Mitigation for August 27, 2002, 2:00 pm.
25. Site Plan – (SP-06-45-02) Pi Beta Sorority parking lot expansion, 1612 W 15th.
26. City Manager’s report – West Nile Virus
27. City Manager’s report – McGrew Trail Project
28. City Manager’s report – Fuel Leak at Central Garage
29. Resolution No. 6405, issue GOB for construction, improvement & repair of airport facility T-hangars.
30. Executive Session – Nonelected Personnel issues.