May 18, 2004

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 Rundle presiding and members Dunfield, Hack, Highberger, and Schauner present.

PROCLAMATIONS

With Commission approval Mayor Rundle proclaimed Wednesday, May 19, 2004 as “National Employee Health and Fitness Day.”

Ordinance No. 7791, establishing “no parking” along the east side of Wisconsin Street between 5^th Street and 6^th Street; and, the Traffic Safety Commission’s recommendation to establish “no parking” along the east side of Wisconsin Street between 5^th Street and 6^th Street were deferred for one week. (1)

The Traffic Safety Commission meeting minutes was deferred for one week.

CONSENT AGENDA

As part of the consent agenda, it was moved by Hack, seconded by Highberger, to approve the City Commission meeting minutes of May 4, 2004 and May 11, 2004. Motion carried unanimously.

As part of the consent agenda, it was moved by Hack, seconded by Highberger, to approve the Public Library Board meeting minutes of April 19, 2004; the Sister Cities Advisory Board meeting minutes of April 14, 2004; the Special meeting of the Hospital Board meeting minutes of April 24, 2004; and the County Health Board meeting minutes of March 15, 2004. Motion carried unanimously.

As part of the consent agenda, it was moved by Hack, seconded by Highberger, to approve claims to 323 vendors in the amount of $1,216.760.86 and payroll from May 2, 2004, to May 15, 2004 in the amount of $1,344,888.63. Motion carried unanimously.

As part of the consent agenda, it was moved by Hack, seconded by Highberger, to approve the authority to award a contract commitment of City funds for the O’Connell Road improvements between 23^rd Street and 31^st Street. Motion carried unanimously. (2)

As part of the consent agenda, it was moved by Hack, seconded by Highberger, to authorize a contract with Insituform Technologies USA for an amount not to exceed $418,094 for the Utilities Department inflow and infiltration project. Motion carried unanimously. (3)

As part of the consent agenda, it was moved by Hack, seconded by Highberger, to authorize the 2004 Sanitary Sewer Root Control Program contract for an additional year with Dukes Root Control in the amount of $60,087.06. Motion carried unanimously. (4)

As part of the consent agenda, it was moved by Hack, seconded by Highberger, to place on first reading Ordinance No. 7713, rezoning (Z-08-29-03A) 7.1054 acres plus adjacent right-of-way from A (Agricultural District) to O-1 (Office District), property located on the south side of K-10 Highway and west of O’Connell Road. Motion carried unanimously. (5)

As part of the consent agenda, it was moved by Hack, seconded by Highberger, to place on first reading Ordinance No. 7771, rezoning (Z-01-01-04) 8.726 acres from RS-1 (Single-Family Residence District) to RS-2 (Single-Family Residence District), property located east of Monterey Way and north of Stetson Drive. Motion carried unanimously. (6)

As part of the consent agenda, it was moved by Hack, seconded by Highberger, to place on first reading, Ordinance No. 7773, (Z-12-52-03) 20.1309 acres from A (Agricultural District) to PRD-2 (Planned Residential Development District), property located on the south side of K-10 west of O’Connell Road. Motion carried unanimously. (7)

As part of the consent agenda, it was moved by Hack, seconded by Highberger, to adopt Resolution No. 6549, establishing a public hearing date for the improvement of Lake Pointe Drive, and the intersection of Clinton Parkway and Lake Pointe Drive. Motion carried unanimously. (8)

As part of the consent agenda, it was moved by Hack, seconded by Highberger, to concur with the Planning Commission’s recommendations to adopt the findings of fact and approve the request for rezoning (Z-02-04-04) of approximately 1.01 acres from M-3 (Intensive Industrial District) to RO-2 (Residence-Office District). The property is generally described as the following: Lot 231 - 512 Locust Street (Single-family Dwelling); Lot 233 - 514 Locust Street (Single-family Dwelling); Lots 235 & 237 (Vacant Parcel); Lots 239, 241 & 243 - 524 Locust Street (Single-family Dwelling); Lots 245, 247 & 249 (Vacant Parcel); Lots 251, 253 & 255 - 536 Locust Street (Single-family Dwelling); and Lots 257, 259 & 261 - 546 Locust Street (Single-family Dwelling). Motion carried unanimously. (10)

As part of the consent agenda, it was moved by Hack, seconded by Highberger, to concur with the Planning Commission recommendations to adopt the findings of fact and approve the UPR (UPR-03-01-04) for a Daycare Center located at the Art Executive Office Park at 3340 Peterson Road (Northwest Corner of Peterson Road and Sterling Drive), subject to the following conditions:

1. Provision of a revised site plan to include the following changes:

a. Label contour lines.

b. Provision of a note on the face of the site plan that states: “This site has been designed to comply with provisions of the Americans with Disabilities Act Accessibility Guidelines (ADAAG) for buildings and facilities, appendix A to 28 CFR part 36.”

c. Provision of additional shrubs along the fence between the fence and Sterling Drive, per staff approval

2. Execution of a site plan performance agreement.

Motion carried unanimously. (11)

As part of the consent agenda, it was moved by Hack, seconded by Highberger, to approve the 2004 Lawrence Arts Commission’s Community Arts Grant recommendations. Motion carried unanimously (12)

As part of the consent agenda, it was moved by Hack, seconded by Highberger, to authorize the write-off of certain water, sewer, sanitation and miscellaneous receivables deemed uncollectible by the Finance Department. The period covered is January 1, 2002 through December 31, 2002. The total requested write-off is $189,083.87 for 1,130 utility billing customers and $14,364.83 for 50 miscellaneous receivables accounts. Motion carried unanimously. (13)

As part of the consent agenda, it was moved by Hack, seconded by Highberger, to authorize the Mayor to sign a Release of Mortgage for Charles and Jozina Roberman, 2134 Massachusetts Street. Motion carried unanimously. (14)

As part of the consent agenda, it was moved by Hack, seconded by Highberger, to authorize the Mayor to approve the request to sell 130 Providence to Tenants to Homeowners, Inc., for future affordable housing. Motion carried unanimously. (15)

CITY MANAGER’S REPORT

During the City Manager’s report, Teri Guenther, Douglas County Emergency Management, presented to the City Commission and update on Project Community Alert (PCA). PCA was initiated by Douglas County Emergency Management and The National Weather Service to heighten awareness on severe weather hazards and the importance of being prepared.

Guenther said Cottin’s Hardware, 1832 Massachusetts, was offering National Oceanic and Atmospheric Administration (NOAA) radios, to the public, at cost. She said the more NOAA radios in the community, the more lives would be saved. Mike Hadl, Senior Maintenance Worker, Street Division, presented a Certificate of Appreciation to all City employees by the Community Blood Center. He said all City employees were encouraged to donate blood.

Hadl said that the Center calculated blood donations by individual departments so he calculated blood donations made by City employees as a single organization. He said the City of Lawrence was among the Center’s top five donors. (16)

REGULAR AGENDA

Receive draft conservation easement for Orchards Golf Course.

David Corliss, Assistant City Manager/Legal Services Director, presented the staff report and background on the draft easement. He said the Commission’s last consideration of this issue was the adoption of Ordinance No. 7747. Ordinance No. 7747 established the maximum assessments as part of the special assessment benefit district. The Ordinance was published on March 23, 2004, and began a 30-day statutory period, which provided the City with maximum legal protection for the creation of a benefit district. He said that during the 30 day statutory period, the neighborhood representatives, both the current property owners and the pending contract purchasers, and City Staff had been involved in finalizing the conservation easement. He said what the City Commission had before them was a draft conservation easement. He said that document’s primary purpose was to prohibit certain uses and allow certain restricted uses. He then directed the City Commission’s attention to Section 3, where a number of prohibited uses were set out.

He said Section 4 of the document was drafted in a way that allowed the grantor (property owner) very limited uses on the property. He said he believed staff crafted the document in a way that would allow for the full maximization of the property as a golf course. He said there was an allowance for a limited structure in the southern corner of the property that would be ancillary to golf course uses.

The document allowed staff to move ahead with the storm drainage improvements on that property. The document also provided for an enforcement mechanism and allowed for the neighborhood participation. It also provided for other provisions including various rights and responsibilities.

He said after the City Commission’s consideration of the document, staff was asking for direction from the Commission to proceed with the closing of that property. He said Staff had ordered the title commitment and would be proofing the legal description as one of the exhibits that would be attached. He said there were a number of interests that needed to be reconciled at the closing, so that the conservation easement was superior to the mortgage.

He said the key part of the conservation easement defined the allowed uses and the prohibited uses. He said staff had worked to come up with an enforcement mechanism that would involve the neighborhood as appropriate. He said the City as the grantee would be the primary enforcement agent.

Commissioner Schauner asked if all parties were in agreement concerning the sentence, “The City will make every reasonable effort to make certain the Storm Drainage Improvements are done in a manner that does not have a negative economic impact on the golf course operations,” in Section 4.6.

Corliss said he thought all parties were in agreement. He said one of the concerns was whether or not the Storm Drainage Improvements would in any way, impair one of the bridges. He said Chad Voigt, Stormwater Engineer, could confirm that Staff did not plan to touch the bridge with the planned improvements. He said the work would begin south of that first bridge, north of the 15^th Street culvert.

Commissioner Dunfield noted some necessary grammatical changes in the Baseline Documentation for Conservation Easement.

Corliss said if the document was acceptable, except for those grammatical changes in the Baseline Documentation, and after an opportunity for public comment, then staff was asking the City Commission to approve the draft document and direct staff to proceed with the closing.

Commissioner Schauner asked if the Orchards Benefit District Steering Committee would remain a viable party.

Corliss said the Committee had never been created as an entity. He said one concern was that the statute on conservation easements made the definition of what was a 3^rd party beneficiary clear. The Neighborhood Association was not an unincorporated association, but a group of people that had moved that project forward. He said the neighborhood association was not a 3^rd party beneficiary and were not an incorporated group in any fashion. The document anticipated that idea and Staff would include the 55 tracts by legal description, and as the neighborhood acted under the agreement it would be as a written majority of those 55 tract owners.

Commissioner Schauner asked if the agreement included individual tracts.

Corliss said there were no individual tracts. He said the neighborhood association was not a beneficiary. He said that was the legal conclusion, but clearly from a policy standpoint, the Association benefited from the benefit district. The difficulty in calling the Association a third party beneficiary, was that they did not qualify under the definition of what a third party beneficiary was as defined under the statute. He said staff could not label the Association as a third party beneficiary or someone could challenge the conservation easements. He said staff wanted to recognize the neighborhood’s continuing interest in the preservation and conservation of that golf course. He repeated that staff had not made the Association a third party beneficiary, but had given the Association certain enforcement rights under the Agreement. He said if there was an issue of enforcement, such as a successor property owner doing something inappropriate on that property as far as the conservation easement was concerned, Staff thought that they could come to the City for enforcement. He said staff would have an obligation to enforce that issue, but if for some reason the City did not act, then the Association could obtain a majority of those 55 tracts and would then be able to stand in court to enforce the document.

Mayor Rundle said he appreciated the persistence and confidence of everyone who had been working toward this goal along with City staff’s patience and assistance.

Jack Skeels said he agreed with everything that had been expressed.

It was moved by Hack, seconded by Dunfield, to approve the draft conservation easement and direct staff to proceed with the closing. Motion carried unanimously. (17)

Consider the request to establish “no parking” along the east side of Kentucky Street from 15^th Street south 200 feet.

Chuck Soules, Public Works Director, presented the staff report. He said this request came from a police officer who had been traveling westbound on 15^th Street at Kentucky and was attempting to turn right onto Kentucky at the “T” intersection. The police officer was unable to see oncoming traffic due to vehicles parked along the east curb of Kentucky and south of 15^th Street. This issue was brought to the attention of David Woosley, Traffic Engineer, who then brought the issue to the Traffic Safety Commission (TSC) for discussion. He said notices were sent to the adjacent properties and no property owner attended the TSC meeting.

He said the City had not experienced any crashes in the area over the last five years.

Soules said the TSC had a 6-2 vote in favor of no parking in that area and that vote, was the reason the issue was brought before the City Commission.

Commissioner Dunfield asked Soules what the standard setback from the intersection was.

Soules said approximately 30 feet. He said the recommendation from the TSC was to move the parking on the east side, from 15^th Street south, approximately 200 feet.

Mayor Rundle asked how many parking spaces would be lost.

Soules said approximately seven or eight parking spaces.

Commissioner Hack asked what the procedure was for compromise and whether that issue would need to go back to the TSC.

Soules said that issue would not need to go back to the TSC. He said the City Commission could designate the parking as they thought appropriate.

Mayor Rundle called for public comment.

Jason Boots, Community Affairs Director for Students, University of Kansas, said he drove by and observed that particular area. He said there were two apartment complexes with eight apartments, and one parking space for each apartment in that area. He said because the area was student living, more than one person generally lived in those apartments and each had a vehicle. A lot of those extra vehicles park on that side of the road. He explained the housing numbers in the area and noted that there were apartments and multiple family housing in the area. He said there were multiple vehicles that needed a place to park and therefore, the 200 foot prohibition would not be acceptable.

Commissioner Schauner asked what the average speed was on Kentucky Street.

Wildgen said the 1400 block was a school zone, which has a 20 mph speed limit during school hours.

Commissioner Schauner said his point was if the average speed in that area was greater than the posted speed, there was a better argument for moving the parking back from the corner.

Commissioner Hack said she thought that the traffic speed was greater than 30 mph. She said a compromise that would bring parking back to the property line between the two apartments would give some additional parking at that location

Soules said when he was in the area, there were no vehicles parked along that area until the second apartment complex and he was unable to see oncoming traffic.

Commissioner Dunfield agreed that the sight line was difficult at that location. He said parking was at a premium throughout Oread Avenue and taking away parking spaces would only move the problem to another location. He said that without an accident record at that location, he had a hard time recommending no parking in that area.

Vice Mayor Highberger said many streets in the Oread neighborhood had the same problem. He said he was willing to remove parking down to the first driveway.

Mayor Rundle asked how many parking spaces would be eliminated down to the first driveway.

Soules said approximately two or three parking spaces.

Mayor Rundle said that the parking lane itself offered some refuge when pulling out, onto the street, in a vehicle. He said the compromise involved not only removing parking, but the ability to pull a vehicle out safely.

He suggested that staff provide the Commission more information on the speed of traffic on the street or agree with Vice Mayor Highberger’s recommendation.

Vice Mayor Highberger said if people felt a need for some type of action, he would support his recommendation, but he could also support leaving the status quo.

Mayor Rundle said in other situations where there was no traffic visibility was frustrating. He thought Vice Mayor Highberger’s suggestion offered some relief.

Commissioner Schauner suggested that Public Work’s staff take a look at where the 30 foot back from the corner requirement would be now, and move back another 60 or 70 feet, in terms of driveway location, and come back to the City Commission with better information for consideration.

Commissioner Hack concurred.

The City Commission received the request to establish “no parking” along the east side of Kentucky Street south of 15th Street and requested additional information from the Public Works Department. (18)

Receive draft 2005-2010 Capital Improvements Plan (CIP). The Planning Commission reviewed the CIP in phases at its March and April meetings.

a) Public proposals, Fire/Medical Department, Police Department, Parks & Recreation Department, and City Manager’s Office.

b) Public Works, Utilities Department, and City Manager’s Office.

Linda Finger, Planning Director, presented the staff report. She said in March the Planning Commission looked at 34 projects that were a combination of four departments. She said 10 of those projects were identified as being feasible to complete within 12 months. The remaining projects were spread out over 5 years from 2005 to 2010. She said tables and maps were attached that would help identify the projects. The website was being created with all of the projects and maps on their department’s website so individuals could find out if the project was on the Capital Improvement Plan.

She said the documents in the first portion of the Capital Improvement Plan came forward to the City Commission with a 7-2 recommendation from the Planning Commission. Planning Commissioners Burress and Johnson voted in opposition and Planning Commissioner Riordan was absent.

In April, the Planning Commission took up the remainder of the Capital Improvements Programs that were submitted by Public Works, Utilities, and additional projects from the City Manager’s Office, along with the general public. She said those projects were primarily based on other long-range plans and commitments.

She said Planning Commissioner Angino expressed a specific frustration with a project that was shown out beyond 2010, which was an extension of Peterson Road. She said the project was an east/west connection between its existing terminus at Folks Road westbound, over to connect to Queens Road. At the point of connection would be where Queens Road becomes Wakarusa (1 ½ mile stretch). This project was shown as being beyond the timeframe of what the City could currently fund and the project was not included on any Public Work programs. There were other hindrances to the completion of that connecting link because the City had purchased an existing development that made that connection difficult to achieve.

She said Planning Commissioner Burress asked for a dynamic data explanation, in which he wanted to know the sequences or dependencies of every project upon another project. So if one project was delayed, what would the impact be on the other projects listed.

She said Planning Commissioner Johnson wanted to know how specific projects would meet the goals and policies in Horizon 2020. She said there was no public comment at either of the Planning Commission meetings and this issue came forward with a 7-2 vote, with Planning Commissioner Burress and Lawson voting in opposition.

Commissioner Schauner asked what the reasons for the opposition votes were.

Finger said Planning Commissioner Burress’ opposition was based upon the process. She said he wanted that dynamic data to better understand the projects, and how the projects on the Capital Improvement Plan were interrelated and how they related to Horizon 2020.

She said Planning Commissioner Johnson’s was a similar vote, but she did not know why Planning Commissioner Lawson voted against it because there was no comment.

Commissioner Dunfield said some of the concerns from the Planning Commission, about the process through which the Capital Improvement Plan was generated had been on-going. He said there was a process that was being put together to try and resolve that issue.

Finger said Staff tried to bring projects forward that were not unrealistic for the first year, so that projects that were identified for 2005 did not exceed the fund level of the current budget. She said in the next twelve months the Planning Commission would like to have a study session addressing the Capital Improvement process, and perhaps include the City and County Commission in the process.

Commissioner Dunfield said that would fit into the Public Improvements Task Force discussions about using the Capital Improvement Plan to reflect planning and the specific public improvement efforts.

Commissioner Schauner asked if there was a matrix used to evaluate projects to determine priorities, so there was some objective measures by which to arrange projects for priority purposes.

Finger said from the Planning Department level, projects are ranked from negative to positive. Those projects were also ranked by individual departments based on their Comprehensive Plan. When those rankings are completed, they addressed those projects as a group. She said there are certain departments that are funded by the Kansas Department of Transportation, or other external funding, which are not constrained by the City budget. She said those types of projects are extracted from their formula.

Commissioner Schauner asked if that matrix was available to the City, County and Planning Commissions.

Finger said that matrix could be available to those Commissions.

Commissioner Schauner said that information might assist governing bodies in making a more informed decision about what projects went forward and in what order. He suggested that the ranking scale be expanded to provide greater separation between projects.

Mayor Rundle said there had been discussions about planning and directing growth that touched upon having more direction with the Capital Improvement Plan.

The City Commission received the draft 2005-2010 Capital Improvements Plan (CIP). (19)

PUBLIC COMMENT: None

Consider motion to recess into executive session for discussions on matters related to employer-employee negotiations. The justification for the executive session is to keep confidential at this time possible terms and conditions of memorandum of agreements with employee organizations. The open meeting will resume in the Commission meeting room in 45 minutes.

It was moved by Rundle, seconded by Hack, to recess into executive session for 45 minutes for discussions on matters related to employer-employee negotiations. The justification for the executive session is to keep confidential at this time possible terms and conditions of memorandum of agreements with employee organizations. Motion carried unanimously. (20)

The Commission went into executive session at 7:30 and resumed the open meeting at 8:15.

It was moved by Dunfield, seconded by Schauner, to adjourn at 8:20 p.m. Motion carried unanimously. APPROVED:

_____________________________

Mike Rundle, Mayor

ATTEST:

___________________________________

Frank S. Reeb, City Clerk

CITY COMMISSION MEETING OF MAY 18, 2004

1. Ordinance No. 7791 – 1^st Reading, “no parking” E side of Wisconsin between 6^th & 6^th; and TSC – “no parking” E side of Wisconsin between 5^th & 6^th was deferred for one week.

2. Contract – O’Connell Rd between 23^rd and 31^st.

3. Contract – Utilities Dept inflow & infiltration project to Insituform Technologies not to exceed $41i,094.

4. Contract – 2004 Sanitary Sewer Root Control Program with Dukes Root Control for $60,087.06.

5. Ordinance No. 7713 – 1^st Reading, rezone (Z-08-29-03A) 7.1054 acres from A to O-1, S side of K-10 Hwy & W of O’Connell Rd.

6. Ordinance No. 7771 – 1^st Reading, rezone (Z-01-01-04) 8.726 acres from RS-1 to RS-2, E of Monterey Way & N of Stetson.

7. Ordinance No. 7773 – 1^st Reading, rezone (Z-12-52-03) 20.1309 acres from A to PRD-2, S side of K-10 W of O’Connell.

8. Resolution No. 6549 – Public Hearing Lake Pointe Dr. & intersection of Clinton Pkwy & Lake Pointe Dr.

9. Rezone – (Z-03-13-04) 2.73 acres from A to RM-1, S of Overland & E of E 1000 (Queens ) Rd.

10. Rezone – (Z-02-04-04) 1.01 acres from M-3 to RO-2, Lots on Locust St.

11. UPR – (UPR-03-01-04) Daycare Ctr., Art Executive Office Pak, 3340 Peterson Rd.

12. 2004 Lawrence Art’s Commission’s Community Arts Grant recommendations.

13. Write-Off – Water, sewer, sanitation from Jan 1, 2002 – Dec 31 – 2002.

14. Mortgage Release – Charles & Jozina Roberman, 2134 Mass.

15. Real Estate – Sell 130 Providence to Tenants to Homeowners.

16. City Manager’s Report

17. Draft Conservation Easement – Orchards Golf Course

18. Ordinance No. 7790 – 1^st Reading, no parking E side of Kentucky S of 15^th.

19. Capital Improvement Plan – Fire/Medical, Police, Parks & Rec, Utilities, ,Public Works, City Manager’s Office.

20. Executive Session – employer-employee negotiations.