September 14, 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.
RECOGNITION/PROCLAMATION/PRESENTATION:
The City Commission received a presentation from the Lawrence Sesquicentennial Commission. Clenece Hills, President, Lawrence Sesquicentennial Commission, informed the public of their upcoming events for Lawrence’s 150th birthday and also presented a portrait of Amos Lawrence, the man whom this City was named, to the City Commission to be displayed at City Hall.
Commissioner Hack, on behalf of the City, presented Hills an inscribed glass pitcher in appreciation of all her hard work and dedication on Sesquicentennial related activities over the past 4 ½ years.
The City Commission received a presentation from Clean Air Lawrence.
With Commission approval Mayor Rundle proclaimed the week of September 17th – 23rd, as “Constitution Week”; and the week of September 12th – 18th, as “National Assisted Living Week”; the week of September 12th – 18th, as “POW/MIA Recognition Week”; and also, Friday, September 17, 2004 as “POW/MIA Recognition Day.
Mayor Rundle recognized the partnership between Haskell Indians and the Lawrence High Chesty Lions in using Haskell Stadium for the past 75 years.
CONSENT AGENDA
As part of the consent agenda, it was moved by Schauner, seconded by Highberger, to approve the City Commission meeting minutes of September 7 , 2004. Motion carried unanimously.
As part of the consent agenda, it was moved by Schauner, seconded by Highberger, to receive the Board of Electrical Examiners and Appeals meeting minutes of August 4, 2004; and the Lawrence Sesquicentennial Commission meeting minutes of July 28, 2004 and August 11, 2004. Motion carried unanimously.
As part of the consent agenda, it was moved by Schauner, seconded by Highberger, to approve claims to 353 vendors in the amount of $952,745.61. Motion carried unanimously.
As part of the consent agenda, it was moved by Schauner, seconded by Highberger, to approve the Drinking Establishment Licenses for Holiday Inn Lawrence, 200 McDonald Drive; Slow Ride Roadhouse (New License), 1350 North 3rd Street; Teller’s, 746 Massachusetts; and Applebee’s Neighborhood Grill & Bar, 3900 West 6th Street. Motion carried unanimously.
As part of the consent agenda, it was moved by Schauner, seconded by Highberger, to concur with the recommendation of the Mayor and reappoint Greg Moore and Paula Gilchrist to additional terms for the Neighborhood Resources Advisory Committee which will expire September 30, 2007. Motion carried unanimously.
As part of the consent agenda, it was moved by Schauner, seconded by Highberger, to approve Change Order No. 1 in the amount of $51,721.28 for the 6th Street waterline work associated with the 6th Street improvement project being completed by Hamm Construction. Motion carried unanimously. (1)
As part of the consent agenda, it was moved by Schauner, seconded by Highberger, to set a bid date of September 28, 2004 for George Williams Way, 6th to Harvard, Street, Storm Sewer, and Waterline Improvements, including the construction of a roundabout at the intersection of Harvard Road and George Williams Way, and including the improvement of Harvard Road east of George Williams Way. Motion carried unanimously. (2)
The City Commission reviewed the bids for the Trail Road Relief Sewer Project for the Utilities Department. The bids were:
BIDDER BID AMOUNT
Kansas Heavy Construction, LLC $398,089.00
Meadows Construction Co. $395,088.05
D.F. Freeman $416,588.15
Redford Construction $417,153.00
Linaweaver Construction, Inc. $425, 435.50
Barge-Turely Construction Co. $454,273.00
Engineer’s Estimate $303,544.00
As part of the consent agenda, it was moved by Schauner, seconded by Highberger, to waive the Engineer’s estimate and award the bid to Meadows Construction in the amount of $395,088.05. Motion carried unanimously. (3)
Ordinance No. 7810, allowing the sale, possession, and consumption of alcoholic liquor during designated times on September 18, 2004 in South Park for the St. John the Evangelist Beer Garden tent during the Lawrence Sesquicentennial Celebration, was read a second time. As part of the consent agenda, it was moved by Schauner, seconded by Highberger, to adopt the ordinance. Aye: Dunfield, Hack, Highberger, Rundle, and Schauner. Nay: None. Motion carried unanimously. (4)
Ordinance No. 7824, allowing the consumption of alcoholic beverages during the designated times on Sunday, September 19, 2004 at Fire Station No. 2, 2128 Harper Street, while hosting the Eutin, Germany firefighters, was read a second time. As part of the consent agenda, it was moved by Schauner, seconded by Highberger, to adopt the ordinance. Aye: Dunfield, Hack, Highberger, Rundle, and Schauner. Nay: None. Motion carried unanimously. (5)
As part of the consent agenda, it was moved by Schauner, seconded by Highberger, to concur with the Planning Commission’s recommendations to adopt the findings of fact and approve the request for rezoning (Z-07-31-04) a tract of land approximately 0.87 acre from RS-1 (Single-Family Residential District) to M-2 (General Industrial District); and, direct staff to prepare the appropriate ordinance. The property is located at 724 North Iowa Street. Motion carried unanimously. (6)
As part of the consent agenda, it was moved by Schauner, seconded by Highberger, to concur with the Planning Commission’s recommendations to adopt the findings of fact and approve the request for rezoning (Z-07-32-04) of approximately 12.5508 acres from PRD-2 (with restrictions) to PRD-2; and, direct staff to prepare the appropriate ordinance. The property is generally described as being located south of 24th Place between Crossgate Drive and Inverness Drive. Motion carried unanimously. (7)
As part of the consent agenda, it was moved by Schauner, seconded by Highberger, to concur with the Planning Commission’s recommendation to approve a Preliminary Development Plan (PDP-07-08-04) for The Legends at KU, Phase II, a multiple family residential development containing approximately 12.5508 acres and proposes 172 apartments and recreational amenities, property is generally described as being located south of 24th Place between Crossgate Drive and Inverness Drive, subject to the following conditions:
1. Provision of a note of the face of the Preliminary Development Plan that restricts the maximum density to not more than 13.7 dwelling units per acre;
2. Provision of a revised development plan to reduce the number of dwelling units to not more than 13.7 dwelling units per acre, with no more than 479 bedrooms;
3. Provision of a revised Preliminary Development Plan to extend the interior pedestrian paths to the south property line of the subject property;
4. Execution of an agreement not to protest the formation of a benefit district for future improvements to the future public park for both Phase I and Phase 2;
5. Provision of a revised Preliminary Development Plan to note that the 8” sanitary sewer line be shown as a public sewer and note that easements shall be dedicated accordingly;
6. Staff recommends that a note be provided on the face of the development plan to state that all infrastructure and site improvements shall be completed prior to occupancy of the development;
7. Provision of a revised Preliminary Development Plan to provide berming along the west property line similar to that found at Inverness Drive and Bob Billings Parkway, subject to Staff approval;
8. Provision of a note on the face of the Preliminary Development Plan that trees on the landscaped berm along the west property line shall be mature trees of no less than 4” caliper or 10’ in height; and
9. Buildings along the west property line shall have double-frontage and facades shall be shown on the Final Development Plan.
Motion carried unanimously. (8)
As part of the consent agenda, it was moved by Schauner, seconded by Highberger, to approve as “signs of community interest” the temporary installation of United Way annual campaign banners and community signage. Motion carried unanimously. (9)
As part of the consent agenda, it was moved by Schauner, seconded by Highberger, to approve the recommendation of the Lawrence Arts Commission regarding a mural on the stadium at Hobbs Park. Motion carried unanimously. (10)
The recommendations from the Lawrence Arts Commission regarding abandoned sculptures were pulled from the consent agenda by Patricia Sinclair for separate discussion.
Michael Tubbs, Management Analyst, City Liaison for the Lawrence Arts Commission, said this item was brought to the Art’s Commission for discussion at their August 11th agenda meeting in which they made recommendations to address the issue of orphan sculptures.
He said one of those sculptures, The Mighty Steel Wedge, by Jason Lanetta, was recommended by a subcommittee of the Art’s Commission to be placed at the roundabout at 19th and Barker.
He said the Art’s Commission was not opposed to bringing this issue back regarding this one particular sculpture to allow those in the Barker neighborhood an opportunity to discuss this issue among their Neighborhood Association and bring comments back to the Art’s Commission at their November 10th meeting. He said the Art’s Commission would notify the Barker Neighborhood Association concerning this issue.
He said Brad Kemp and Mindie Paget, Barker neighborhood residents, attended the August 11th Art’s Commission meeting and spoke in support of that particular sculpture being placed at the 19th and Barker roundabout location.
He asked that if the City Commission was going to defer the 19th & Barker recommendation that it also approve the Art’s Commission recommendations for those other abandoned sculptures.
Brad Kemp, property owner, northeast corner of 19th and Barker, urged the City Commission to approve all the Art’s Commission’s recommendations. He said it was a fortunate coincidence that the Art’s Commission took up the task of finding homes for those orphan sculptures approximately the same time the roundabout at 19th and Barker was being completed because there was widespread sentiment in their neighborhood that when the roundabout was completed, it would be suitable to install a sculpture in the roundabout.
He said he thought this particular sculpture was perfect for that site. He said from a practical point of view the sculpture was robust enough to withstand a year long outside installation and to resist the type of tough love that public art sometimes received. He said the sculpture was a bold and simple piece and combined with its scale it made it suitable for installation in a place where most of its viewers were passing motorists. He said aesthetically it was suitable and its angularity and verticality were interesting counterpoints to the geometry of the roundabout.
He said this art piece made interesting illusions to the history of the Barker neighborhood. He said he was not pretending that he knew anything about the artistic intentions of the creator of the piece, but it was not hard to read the metal part of the sculpture as an axe blade which could be a nod to the working class heritage of their neighborhood or perhaps a plow blade which could be a nod to the area’s incarnation as farmland. He said this roundabout was at the center of their neighborhood and this piece was ideally suited to that area and could be a powerful symbol of the Barker neighborhood.
He said there might be a process for neighbors to get together to reach a consensus about their desires for public art and to present those desires to the City Commission for fulfillment. He said there was not time for such a process given the urgency to find a site for those orphan sculptures, but if that was the City Commission’s direction, he had no objections to participate.
He informed the Commission that he was speaking as an individual citizen and he was not representing the Neighborhood Association in which they had not addressed this issue. He said three year ago, when City staff first began talking to the neighborhood about the construction of the roundabout, the Neighborhood Association did vote in favor of the idea of a sculpture being placed at that location when the roundabout was completed, but there had been no formal discussion about this particular art piece.
He said five of his neighbors spoke in support of that particular sculpture and asked that he inform the Commission that they also supported the Arts Commission’s recommendations.
Mayor Rundle asked how long those sculptures had been awaiting adoption.
Tubbs said the Arts Commission had this particular sculpture since 1998.
Patricia Sinclair, Lawrence, asked that the City Commission table the decision about the placement of the sculpture at the 19th and Barker roundabout for several reasons which were:
1. The Barker neighborhood had not had an opportunity to review or discuss this sculpture or to submit other proposals for this space;
2. The present plan for planting in this space by Parks and Recreation conflicted with the sculpture; and
3. Some residents had concerns about pedestrian and vehicle safety and tall objects in that space would limit visibility.
She proposed that the City hold an evening meeting after a press release to the newspaper. City staff could assist interested neighbors in choosing or coordinating a plan for planting and a marker or sculpture. In the meantime, she asked that the City Commission reserve this sculpture for the neighborhood for several months until a decision was reached. She said she was not necessarily opposed to this structure, but folks had not viewed this sculpture. She said the first time an image was shown of this sculpture was the photo that accompanied the City Commission’s agenda and it was only a photocopy and there was no widespread dissemination of this idea happening in their neighborhood. She said she just heard this was on the Commission’s agenda yesterday and there had not been any way to have the neighborhood at large speak.
She said she valued Kemp as a neighbor and a friend and she respected his artistic taste because his home was a lovely landmark in her neighborhood. She said she appreciated Kemp’s efforts to secure this art ware. She said her concern was more about the process and she had some other ideas about things that they might do or ways they might incorporate plants with some other object, whether it was a marker or a sculpture.
She reminded the City Commission that last year this body had a discussion about how to involve residents more in decisions that affected their neighborhoods. It was stated that process was so important to giving residents a sense of ownership. She said it also made people feel related and a part of something larger than their own household. She believed this was an excellent opportunity for the City to work with the Barker neighborhood and let the residents have a voice. The roundabout was at the heart of their neighborhood and at the present time, it was stark and bleak. She said she and others had ideas about how to make that roundabout an attractive focal point perhaps even something that identified the neighborhood as Barker. Again, she asked the City Commission to table this item and if not, ask her for more particulars.
Mayor Rundle said one proposal was to resolve this issue at the Arts Commission’s November meeting. He asked Sinclair if that was a suitable timeframe.
Sinclair said two months time would be adequate, but the problem was that when we say ask or notify the neighborhood, she had no means to do that. She said she could not remember the last time the Barker Neighborhood Association met and that was why she was asking the City to call a meeting or release a press release. She said in a sense it was an inter department function that related to Public Works and the Arts Commission.
Tubbs said the Arts Commission would be happy to hold a public hearing which were public meetings and also distribute notification to the neighborhood association along with a press release to help facilitate the process if that was the City Commission’s direction.
Sinclair said she received the planting plan from Parks and Recreation, but the plan did not seem coordinated. She said the Chair of the subcommittee told her that the City Commission would not approve this issue because the placement of the sculpture would interfere with Parks and Recreation’s plans for plantings, but Parks and Recreation told her that was not true.
Saundra Scott, property owner, southwest corner of 19th and Barker, suggested that the neighborhood have time to look at this issue and find out what was available.
Mayor Rundle said he was not averse to taking a delay and said that the comments he had received indicated the process might result in an affirmation of the recommendation and give the neighbors a chance to welcome the sculpture into the neighborhood.
He asked Tubbs if the sculpture was presently viewable.
Tubbs said the sculpture was viewable at the Parks and Recreation facility at 11th and Haskell. He said he would escort those people who would like to view the sculpture.
He said he met with Sinclair to try to let her know that they would work with her and that the Chair of the Arts Commission was not opposed to giving those interested parties an opportunity to come to the Arts Commission’s meeting. He said proper procedure was followed in getting the notice on their website. He said he would like to act on this issue at their November meeting.
Commissioner Dunfield said it was fine to hold a neighborhood meeting. He said it sounded as though the Arts Commission would need to take this issue up again at its November 10th meeting. He suggested that the neighborhood association get together with some City representatives before that time for an evening meeting. He said it was not fair for the Arts Commission, especially considering that there were clearly other issues other than just the selection of this particular sculpture that had been brought up.
He suggested that the neighborhood meeting have a few ground rules attached. Clearly, the decision was whether to accept this piece of sculpture or not. He said they were not talking about commissioning a piece to be designed, built and paid for by the City to be placed at that location. The question was whether they wanted to accept that particular sculpture or not. The sculpture was available and that was the reason for this discussion.
He suggested that someone from the Traffic Division be present at the meeting to talk about the safety of that roundabout. He said he had discussions with Sinclair before about the need to see the cars straight through the intersection and how that was not a factor in the safety of that roundabout. He also suggested that someone from Parks and Recreation be present at the meeting because the decision about the sculpture affected the landscaping and it would be good to have the neighborhood comment on the landscaping scheme and make suggestions.
Sinclair said she had viewed the sculpture, but the sculpture was laying down flat. She said no one could tell her the dimensions of that sculpture and that was a lot in envisioning.
Commissioner Dunfield said staff needed to get some good photographs and the sculpture setup in some way so there was good presentation.
Sinclair said she did not know if all the pieces of the sculpture were there because the sculpture looked somewhat broken and that was a concern about how much that limestone would hold up over the years.
Mayor Rundle said those issues would need to be taken up at the meeting.
Sinclair said there was a lot of pedestrian traffic and she did not see it as just cars driving through. She hoped the City Commission would consider other proposals in addition to that piece.
Moved by Hack, seconded by Highberger, to approve the recommendations of the Lawrence Arts Commission regarding certain abandoned art sculptures and defer the recommendation regarding the sculpture entitled “The Mighty Steel Wedge”, by Jason Lanetta, for 19th & Barker and that this issue be brought back to the City Commission. Motion carried unanimously. (11)
Commissioner Dunfield commented that the fall planting season should not be missed.
CITY MANAGER’S REPORT:
During the City Manager’s Report, Mollie Mangerich, Waste Reduction/Recycling Operations Supervisor, presented their Annual Recycling Report for 2003. She noted that the community achieved a 34% recycling rate.
Commissioner Hack asked if the curbside recycling was an on-going process.
Mangerich said yes. She said staff produced a report every year that looked at markets, costs, and other issues and they would provide a report to the City Commission.
Vice Mayor Highberger said Bob Yoos, Solid Waste Superintendent, indicated that even with curbside recycling, staff would likely see a small increase in the percentage of waste and recycling. He said Yoos estimated that it would cause an increase in utility bills approximately $6.61. He asked if that was close to Mangerich’s assessment at this time.
Mangerich said correct. She said with the cost of collection that would be approximately a $7.00 a month charge depending upon frequency of collection at the curb. Also, the percentage of increase to the recycling rate would probably be smaller than if staff would capture clean wood waste to try and bring that into their composting facility and utilize that waste as feedstock.
Vice Mayor Highberger said there was a point raised in a letter to the editor in the Lawrence Journal World concerning the energy efficiency of the City’s current recycling system where there were individuals driving recycling loads out to Wal-Mart for drop off. He asked if staff had done an energy analysis of the City’s recycling system.
Mangerich said no because it would be hard to find out the number of participants without a community survey to see the frequency of trips to Wal-Mart. She said when staff polled people about recycling there was a knee-jerk response to say “yes” but there was not also a quantitative component.
She said in terms of economic efficiency in the way that staff was conducting their recycling program in Lawrence, to achieve a 34% recycling rate, staff had done a brilliant job of targeting waste streams. She said they were getting their largest components of waste coming out from the City’s households and businesses rather than sending waste to the landfill to avoiding disposal cost and turning around and making a beneficial product such as paper recycling, cardboard, yard waste program, and most importantly hazardous waste.
Commissioner Schauner asked if the Wal-Mart expansion would continue to be a community drop-off center.
Mangerich said she understood that Wal-Mart would continue to provide that service within that expanded facility.
Commissioner Schauner asked if it was likely there would be an interruption in that service.
Mangerich said she did not know, but she would imagine that since the existing facility was a standalone facility, that that could be managed. She said with today’s roll-off drop boxes there were many different ways on how people could recycle rather than just that fixed facility.
Commissioner Hack said Linda Finger, Planning Director, indicated that the drop-off center would be larger.
Finger said the drop-off center would be larger. She said it was her understanding from the architects that the business would be in place and not shut down.
Mayor
Rundle said in addition to energy conservation
there was also the matter of convenience. He suggested drop-off
bins to minimize the labor and make available more opportunities to drive a
shorter distance.
Mangerich said the convenience factor was already available to the community by the provision of recycling curbside recycling services offered by three different companies in town as well as a company from Topeka. She said those companies were fee based programs and their services ran from once a week to once every two weeks.
In terms of drop-off recycling facilities, they offered 10 locations around Lawrence to drop-off newspapers. There were also three locations for cardboard bins such as Hy-Vee that were specifically targeted for households. Those locations were:
Newspaper Drop-Off Locations:
Checkers – 2300 Louisiana
Dillons – 6th & Wakarusa
Hillcrest – 9th & Centennial
Hobby Lobby – 1801 West 23rd St.
Hy-Vee – Clinton Pkwy & Kasold or 6th & Monterey Way
North Lawrence – 740 North 2nd
Prairie Park Elementary – 2711 Kensington
West Jr. High – 2700 Harvard Rd.
Westlake’s Hardware – 6th & Kasold
Douglas County Bank – 9th & Kentucky
Corrugated Cardboard Drop-Off Locations:
Dillons – 6th & Wakarusa
Hy-Vee – Clinton Parkway & Kasold
Hy-Vee – 6th & Monterey Way
Mayor Rundle suggested holding a meeting on those issues because people that he was in contact with regularly indicated that they were organizing a committee to promote this type of recycling.
Commissioner Hack said the numbers that were shown in the Recycling Report in terms of savings were outstanding. She said she hoped those savings would continue through Mangerich’s hard work and through the education that made that happen.
Mangerich said staff was always planning forward and in the future staff would be entertaining the research and feasibility of looking at clean wood waste and introducing that into the City’s composting stream.
Commissioner Schauner said Mangerich mentioned that there were three or four private recyclers that came to town. He asked if staff gave any thought to providing their names and phone numbers on the City’s website so those persons who wanted to utilize a fee based service, would know who to contact.
Mangerich said she had considered that idea and those names and phone numbers were on their printed material and their website. She said staff did a lot of promotions to encourage the private sector to take on as large a role that was feasible for them.
Commissioner Schauner said he assumed that what those privately owned businesses collected was not included in the numbers that were presented on staff’s Recycling Report.
Mangerich said that was incorrect. The private curbside recycling companies had developed a relationship with Wal-Mart where they could take their materials to Wal-Mart. Wal-Mart was a generous supporter to the recycling activities in this community. She said those numbers for privately owned businesses were included.
Commissioner Hack said the Pinckney neighborhood implemented a plan to have a drop-off date within their neighborhood for the hazardous waste and someone in that neighborhood would make that appointment to drop off those materials.
Mangerich said she had met with the Pinckney neighborhood regarding that same subject. She said the Pinckney neighborhood had initiated a drive for household hazardous waste and staff was quick to contract the appropriate persons. Although, that was a good idea, hazardous waste and paint was a different beast, but hauling and transporting was a safety factor in hauling larger quantities.
Commissioner Schauner asked Mangerich to state what the days and hours were for the hazardous waste and recycling system.
Mangerich said the system had changed over the last two years from once a month collection on a third Saturday for four hours to hours throughout the week that included, morning, afternoon, and evening hours. She said they were still continuing their Saturday once a month and they were also opened by appointment. There had been no decline in their participation rate moving from the once a month collection event to a facility that was opened close to five days a week plus Saturday. She said their phone number was 832-3030.
Mayor Rundle said it was clear as Mangerich had stated during her presentation, that her department was not static. He said that Mangerich did a good job of keeping the activities of her department in front of the public and it was clear that services expanded every year. He said it was great each year to see the services of her department evolve.
Mayor Rundle commented on the street survey map in the City Manager’s Report related to the Pavement Management System. He said staff reports had projected, the initial survey of all the streets to be completed by the first quarter of next year. He said an update earlier this year indicated that that fifty percent would be completed by mid-summer. He asked why we had gotten behind that timetable and what would it take to stay with the initial projection so that the Commission could utilize that information in the City’s budget process next year.
Mike Wildgen, City Manager, said he would need to rely on Chuck Soules, Public Works Director, to see if there was a way to bolster that time and move it up. He said when moving to the east there were older streets that would take more time and analysis of those conditions.
Mayor Rundle asked if it might be possible to check into additional staff so the project could be completed on the original schedule. He suggested that staff to report back to the Commission on the costs and affordability of additional staff.
Chuck Soules, Public Works Director, said Steve Lashley, Assistant City Engineer, had done an extensive amount of work and research to make sure the map was consistent in terms of ratings. He said staff was a little behind at their projected schedule. He said staff would not have 100% of the City by the time they started working into the next Mill and Overlay Program, but staff would have a good portion of the City captured at that time. He said he did not know a good way to speed the process up and get a quality product.
He said the software program for the Pavement Management System was developed in-house and provided good, valuable information. He said the information could be sorted by different criteria so the money that the City Commission budgeted next year for the Crack/Seal Program staff could find the streets that had the most severe cracking as well as the streets that ride the worst or was most susceptible to potholing.
He said he would try and schedule Lashley in the next two weeks to present a report to the City Commission. (12)
REGULAR AGENDA
Conduct bond and note sale. Receive report on bids and award bids to the lowest responsible bidder. Declare an emergency allowing for the adoption of ordinances on first and second reading. Approve necessary resolutions and ordinances authorizing the bond issuances.
Ed Mullins, Finance Director, said staff was pleased with the bids they received on both bond issues. He said staff was requesting that the ordinances be adopted on first and second readings so the underwriters could proceed with payment to the City on the closing date of September 29, 2004.
The City Commission reviewed the bids for the General Obligation Temporary Note Sale, Series 2004-II. The bids were:
BIDDER Net Interest Cost ($) Average Annual
Net Interest Rate (%)
Banc of America 291,177.53 1.770638
Piper Jaffray 297,160.53 1.807021
Parker/Hunter 297,207.33 1.8073
Moved by Schauner, seconded by Dunfield, to award the bid for the General Obligation Temporary Note Sale, Series 2004-II, to Banc of America Securities for the Net Interest Cost of $291,177.53 and an Average Annual Net Interest Rate of 1.770638%. Motion carried unanimously. (13)
Moved by Schauner, seconded by Dunfield, to adopt Resolution No. 6563, authorizing the sale of the General Obligation Temporary Note, Series 2004-II. Motion carried unanimously. (14)
The City Commission reviewed the bids for General Obligation Bonds, Series 2004-B. The bids were:
BIDDER Net Interest Cost ($) Average Annual
Net Interest Rate (%)
Wachovia 2,430,929.65 3.346660
Piper Jaffray 2,457,870.67 3.371364
Citigroup Global Markets 2,474,223.52 3.399623
Stern Brothers & Co. 2,512,476.76 3.464372
Moved by Schauner, seconded by Dunfield, to award the bid for General Obligation Bonds, Series 2004-B to Wachovia Securities LLC for the Net Interest Cost of $2,430,929.65 and an Average Annual Net Interest Rate of 3.346660%. Motion carried unanimously. (15)
Moved by Schauner, seconded by Dunfield, to adopt Resolution No. 6564, authorizing the sale of General Obligation Bonds, Series 2004-B. Motion carried unanimously. (16)
Moved by Schauner, seconded by Dunfield, to declare an emergency and adopt on first and second reading Ordinance No. 7825 authorizing the sale of General Obligation Bonds, Series 2004-B. Aye: Dunfield, Hack, Highberger, Rundle, and Schauner. Nay: None. Motion carried unanimously. (17)
The City Commission reviewed the bids for General Obligation Bonds, Series 2004-C. The bids were:
BIDDER Net Interest Cost ($) Average Annual
Net Interest Rate (%)
UBS Financial Services 394,014.05 3.638934
Golden Capital Management 407,080.20 3.75095
Piper Jaffray 428,528.23 3.942010
Country Club Bank 447,276.08 4.130388
Bernardi Securities, Inc. 497,895.07 4.5865
Moved by Schauner, seconded by Dunfield, to award the bid for General Obligation Bonds, Series 2004-C to UBS Financial Services for the Net Interest Cost of $394,014.05 and an Average Annual Net Interest Rate of 3.638934%. Motion carried unanimously. (18)
Moved by Schauner, seconded by Dunfield, to adopt Resolution No. 6565, authorizing the sale of General Obligation Bonds, Series 2004-C. Motion carried unanimously. (19)
Moved by Schauner, seconded by Dunfield, to declare an emergency and adopt on first and second reading Ordinance No. 7826 authorizing the sale of General Obligation Bonds, Series 2004-C. Aye: Dunfield, Hack, Highberger, Rundle, and Schauner. Nay: None. Motion carried. (20)
Consider recommendations from the Recycling and Resource Conservation Advisory Board for green construction elements to be considered in the new public library energy conservation strategies.
Cindy Strecker, speaking on behalf of the Recycling and Resources Conservation Advisory Board, said the purpose of the Green Construction memorandum was to propose that the new Library Building project, should it be funded, be designed and constructed as a “green” or “sustainable” building. This recommendation was submitted quickly as evidence had shown that the most successful “green” design projects were those where goals were established early in the project planning stages.
“Green” buildings were designed to use resources more efficiently to protect the health of the occupants and save money, energy, and other costs. In addition, the project could be used as an educational tool to promote good building design throughout the area. The cost of designing and building “green” varies. One study from 2003 showed that a 2% increase in cost resulted in average life cycle cost savings of 20% of total construction costs.
In summary, the Recycling and Resource Conservation Advisory Board (RRCAB) recommended that the City consider pursuing “green” design for any new construction and in particular for the proposed library project.
Shannon Criss, KU School of Architects, said they were submitting a series of recommendations on energy conservation and sustainability opportunities for the City of Lawrence to consider.
The International Energy Conservation Code described what they believed to be sound principles for promoting wise energy use and provided a solid foundation for sustainable energy polices for this community.
She listed their recommendations as follows:
1. Beginning January 2005, City staff research the energy conservation advocacy resources and use these sources of information to develop materials promoting energy efficiency through established methods of City/public communications, including press releases, mailing, public service announcements and outreach to other city committees. Outreach materials should be in production and distribution no later than July 2005;
2. Provide necessary staff resources and funding to continue and enhance the Annual Home Energy Conservation Fair and Sustainable Homes Tour;
3. When the new building codes are adopted (we assume by January 2005), the City of Lawrence should require the new building codes to include simple provisions that promote energy conservation, such as caulking of ducts and openings in the building envelope. The language for the code can be developed in cooperation with the RRCAB and the Code Review Committee. By January 2008 these provisions should be replaced by adoption and enactment of agreed upon principles of the International Energy Conservation Code;
4. As soon as practicable, submit a recommendation that the City of Lawrence Public Library expansion project be designated a “pilot” energy conservation project with a focus on educating the public while saving public dollars on lifetime energy and maintenance costs. This could be achieved by designing the building to be a green or sustainable building that meets the Leadership in Energy and Environmental Design (LEED) certification criteria;
5. The current environmental purchasing policy should be amended to require that all new construction or renovation of city buildings meet a minimum (to be identified by the International Energy Conservation Code) design standard for energy efficiency;
6. By April 2006, City staff should identify and mandate opportunities for energy conservation with those City programs that provide funding for structures, renovation or appliances for low-income housing projects. A policy should be enacted that mandates when new low income/subsidized housing are built with city/public dollars, energy conservation will be required. When subsidized appliances or renovations are procured with public dollars, energy conservation standards shall be enforced; and
7. Research and implement strategies that will reduce adverse effect of man-made light including glare, light trespass, and energy use within the City of Lawrence. This would include, but not limited to, city and commercial parking lots, fueling stations, and interior lighting of city facilities. Review and renegotiate current contract with Westar Energy, Inc., to incorporate reduced glare lighting and energy conservation light fixtures on public streets, both new and existing, and areas where practicable.
She said overall this was a very positive move, something that this City needed to consider for its future City and the architecture within that City.
Mayor Rundle said on the green architect issues, he asked if it would be easy to inform someone that was renovating or constructing new buildings, where they would need to be discussing those issues.
Criss said the International Energy Conservation Code was a resource along with the Leadership in Energy & Environmental Design (LEED) was a wonderful program that would help people understand the six areas to be considered in designing a building from the very start.
Mayor Rundle said it was pointed out earlier in the presentation that green design goals needed to be established early in project planning stages. He asked the task force members to provide more specific guidance if possible on the appropriate stage in a project for that discussion to begin.
Commissioner Schauner asked if there had been any discussions with the Library Board about the Energy Conservation approach, to their expansion, if this process occurred.
Strecker said they introduced the idea of green construction in the last couple of months without knowing where the Library was going. She said it was her understanding that the Library was already considering energy and green construction. She said they had not actually come together with the Library Board.
Bruce Flanders, Library Director, said he was an enthusiastic proponent of sustainable architecture. He said early this year, in the Library Literature there was an article published on the LEED certification that was referred to and its application in public libraries. He said he brought that application to the New Direction Task Force in March and April and there was considerable interest and enthusiasm for pursuing a green building construction. He said this technology should be informing their design considerations in a very fundamental way right from the beginning of their study process. He said there were very simple things one could do, for example, by painting the ceiling a very reflective and bright and light color that could reduce the need for illumination or it could enhance the illumination, therefore fewer electrical fixtures or lamps would be needed. He said that would reduce energy costs and heat within the building. Again, he said there were simple things that could be done and than there were more elaborate processes. The LEED certification came in different gradations. He said one could simply be certified or one could be recognized as a silver, gold, or platinum level certification. He said it would be an outstanding contribution to this community and a model for this community and the rest of the state, to pursue this aggressively. He was in support of this type of building conservation and was happy this topic had come up.
Mayor Rundle said this was an area that was a win/win situation. He said he understood from one of our neighboring cities to the east that builders were nervous about adopting the International Energy Code, but they that energy efficiency features gave them an advantage in marketing their homes. He said as long as the City went about this carefully, we should make progress on this front.
Commissioner Hack said she could not think of a better place to have green construction than the Library when talking about education. She said that would be a way to promote this issue. She said to have the minimal upfront cost throughout the sustainability of the Library or others that went a long way toward meeting the needs for a sustainable community.
Vice Mayor Highberger thanked the RRCAB for their work and was happy that this coincided with what the Library was doing. He said he was enthusiastic about starting implementation of the RRACB’s recommendations.
Commissioner Dunfield said there was absolutely no question that sustainable design practices paid back over the long haul and since the City owned its buildings for the long haul the fit between City owned facilities and sustainable architecture was perfectly logical.
Mayor Rundle suggested that staff provide timetables for each of the recommendations. He indicated that he expected consideration of the Energy Code would be delayed because the code boards were presently busy evaluating the primary building codes.
The City Commission directed staff to proceed with the seven recommendations from the Recycling and Resource Conservation Advisory Board regarding energy conservation and sustainability opportunities and to provide timetables for each of the recommendations. (21)
Consider adopting findings of fact, approving rezoning request, and authorize drafting of ordinances for placement on future agenda.
Z-07-27-04: A request to rezone two tracts of land; one approximately 0.32 acre and the second approximately 0.26 acre from M-3 (Intensive Industrial) District to C-5 (Limited Commercial) District. The properties are described as being located at 642-646 Locust Street and 645 Locust Street.
Paul Patterson, Planner, presented the staff report. He said the surrounding property, zoning to the east was C-4 (General Commercial District) to the north was M-3 (Intensive Industrial District) with the Union Pacific Railroad Tracks. To the east of the property on the east side to the south was RO-2 (Residential Office Zoning District) with duplexes on individual lots. To the west on the north side of Locust Street was also M-3 (Intensive Industrial District). Located to the south was the RS-2 (Single-Family Residential Zoning District).
He said immediately to the east of those two proposed tracts of land were commercial businesses, to the south was a church, to the west were the duplexes, and on the north side of Locust was an industrial warehouse distribution building and the railroad tracks were on the north side.
He said current zoning district was the M-3 District which was not really appropriate for those surrounding properties. On the south side of Locust Street were five existing commercial buildings that were vacant and clustered together. He said the applicant was seeking to redevelop those commercial properties with a mixed use development project and they were looking to put in a restaurant/office space and multiple-family residential on the second floor.
To the north of Locust Street there was still an existing wood barn and a small tin building on the property plus the railroad switch building which would stay, but the wood barn and tin building the applicant was looking at raising those buildings and turn that property into a parking lot which would be used in conjunction with the development of the property on the south. Also, on the south side of the existing building there would be a parking lot in that area.
He said staff was recommending approval of the rezoning to the C-5 zoning district. The C-5 zoning district was the best fit if the City Commission was looking to approve a mixed use development of that property. Ultimately Horizon 2020 identified that intersection of North 7th and Locust Street as a CN-1 (Inner Neighborhood Commercial District) which staff would like that area zoned. However for the applicant’s project to proceed, the best fit was the C-5 zoning district.
He said for the development of this property there would be preliminary and final plat as the property had not been platted previously. There would also be variances before the Board of Zoning Appeals on some of the setback items of the existing commercial buildings and some of the parking configuration. Finally, there would also be a site plan which would come before the City Commission.
This item was heard before the Planning Commissioner’s and they recommended approval on an 8-2 vote.
There was some concern by a few neighbors on whether or not the property would be serving alcohol or asking for an alcohol license in the future, but the applicant’s agent responded that they would not be seeking that type of license because they had heard the response from the neighborhood of that concern. He said that issue was addressed in the minutes of the Planning Commission meeting.
Mayor Rundle asked if in addition there would need to be a hearing because of the proximity of the church.
Staff indicated this was correct.
Patterson said there were two churches within 400 feet. There was one church immediately to the south and the other church was approximately 180 feet to the east. There would need to be a public hearing should the applicant choose to seek serving alcohol on their premise.
Mayor Rundle called for public comment.
Vice Mayor Highberger said there was no question that the current zoning was inappropriate and his understanding of the concern raised at the Planning Commission meeting was that there was some preference for C-2 (Neighborhood Shopping District) for this location. He said the Commission would be addressing this issue as they adopted a new zoning code and placed this area in the proper category.
Moved by Hack, seconded by Highberger, to concur with the Planning Commission’s recommendations to adopt the findings of fact and approve a request to rezone (Z-07-27-04) to tracts of land; one tract approximately 0.32 acre and the second tract approximately 0.26 acre from M-3 (Intensive Industrial District) to C-5 (Limited Commercial District); and, direct staff to prepare the appropriate ordinance. The properties are described as being located at 642-646 Locust Street and 645 Locust Street. Motion carried unanimously. (22)
Moved by Schauner, seconded by Hack, to adjourn at 8:30 p.m. Motion carried unanimously.
_____________________________
Mike Rundle, Mayor
ATTEST:
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Frank S. Reeb, City Clerk
CITY COMMISSION MEETING OF SEPTEMBER 14, 2004
1. Change Order – 6th St. Waterline improvements for $51,721.28.
2. Bid Date Set – GGW, 6th to Harvard on Sept 28, 2004.
3. Bid – Trail Rd Relief Sewer Project to Meadows Construction for $395,088.05.
4. Ordinance No. 7810, 2nd Reading, allow alcoholic liquor at S Park for St. John’s Evangelist Beer Garden on September 18, 2004.
5. Ordinance No. 7824, 2nd Reading, allow alcoholic liquor at Fire Station No. 2, 2128 Harper on September 19, 2004
6. Rezone – (Z-07-31-04) 0.87 acre, RS-1 to M-2, 724 N Iowa.
7. Rezone – (Z-07-32-04) 12.5508 acres from PRD-2 (w/restrictions) to PRD-2.
8. Prelim Dev Plan – (PDP-07-08-04) The Legends at KU, Phase II, 12.5508 acres, S of 24th Pl between Crossgate Dr & Inverness Dr.
9. Signs of Community Interest – United Way.
10. Mural – Hobbs Park Stadium.
11. Abandoned Sculptures – Lawrence Arts Commission.
12. City Manager’s Report.
13. Bid – Temp Note Sale, Series 2004-II,
14. Resolution No. 6563 – Temp Note, Series 2004-II.
15. Bid _GOB, Series 2004-B
16. Resolution No. 6564 – GOB Series 2004-B
17. Ordinance No. 7825 – 1st & 2nd Reading, GOB, Series 2004-B
18. Bid – GOB, Series 2004-C.
19. Resolution No. 6565 – GOB Series 2004-C.
20. Ordinance No. 7826 – 1st & 2nd Reading, GOB, Series 2004-C.
21. Recycling & Resource Conservation Advisory Board – Green construction element in new public library energy conservation strategies.
22. Rezone – (Z-07-27-04) 0.32 acre & 0.26 acre from M-3 to C-5, 624-646 Locust & 645 Locust.