October 5, 2004
The Board of Commissioners of the City of Lawrence met in regular session at 6:45 p.m. in the City Commission Chambers in City Hall with Mayor Rundle presiding and members Dunfield, Hack, Highberger and Schauner present. Lawrence High School Student Representative Justin Isbell was present.
RECOGNITION/PROCLAMATION/PRESENTATION:
With Commission approval Mayor Rundle proclaimed October 7th, 2004 as “Communities in Motion Day”; recognized October 10, 2004 as “United Methodist Church 150th Anniversary”; and, proclaimed the month of October as “Domestic Violence Awareness Month.”
CONSENT AGENDA
As part of the consent agenda, it was moved by Highberger, seconded by Schauner, to approve the City Commission meeting minutes of September 28, 2004. Motion carried unanimously.
As part of the consent agenda, it was moved by Highberger, seconded by Schauner, to receive the Hospital Board meeting minutes of August 18, 2004; the Farmers’ Market Task Force meeting minutes of September 9, 2004; the Convention & Visitors Bureau meeting minutes of August 24, 2004; the Neighborhood Resources Advisory Committee meeting of September 9, 2004; the Task Force on Homeless Services meeting minutes of August 17, 2004; and the Aviation Advisory Board meeting minutes of August 12, 2004. Motion carried unanimously.
As part of the consent agenda, it was moved by Highberger, seconded by Schauner, to approve claims to 347 vendors in the amount of $29,049,679.91 and payroll from September 19th to October 2, 2004, in the amount of $1,382.962.61. Motion carried unanimously.
As part of the consent agenda, it was moved by Highberger, seconded by Schauner, to approve the Class A Club license for Fraternal Order of Eagles, 1803 West 6th; the Drinking Establishment License for Kasper’s Bar & Grill, 3115 West 6th Ste: D; and the Retail Liquor Licenses for The Wine Cellar, 2100A West 25th; Alvins Wine & Spirits, 905 Iowa; Alvins Wine & Spirits, 4000 West 6th, Ste: K; and Linda’s Liquor, 1540 Wakarusa Ste: F.
As part of the consent agenda, it was moved by Highberger, seconded by Schauner, to concur with the recommendation of the Mayor and appoint Dan Chambers to the Aviation Advisory Board which will expire May 31, 2006; and Vern Norwood to the Douglas County Advocacy Council for Aging which will expire December 31, 2005. Motion carried unanimously.
As part of the consent agenda, it was moved by Highberger, seconded by Schauner, to set a bid opening date of October 26, 2004 for the Neighborhood Resources Department Weatherization Program. Motion carried unanimously. (1)
As part of the consent agenda, it was moved by Highberger, seconded by Schauner, to set a bid opening date of October 19, 2004 for the 19th Street and Learnard Avenue Sanitary Sewer Improvement. Motion carried unanimously. (2)
The City Commission reviewed the bids for George Williams Way, 6th Street to Harvard, street, storm sewer, and waterline improvements for the Public Works Department. The bids were:
BIDDER GEORGE WILLIAMS HARVARD RD. TOTAL
WAY
Engineer’s Estimate $2,143,328.50 $641,155.10 $2,784,483.60
King’s Construction Co., Inc. $1,378,934,45 $380,305.86 $1,759,240.31
LRM Industries, Inc. $1,471,743.20 $392,246.61 $1,863,989.81
Hamm Inc. $1,550,472.74 $418,886.91 $1,969,359.65
R.D. Johnson Excavating $1,527,794.63 $444,171.07 $1,971,965.60
As part of the consent agenda, it was moved by Highberger, seconded by Schauner, to award the bid to King’s Construction in the amount of $1,759,240.31. Motion carried unanimously. (3)
The City Commission reviewed the bids for the Master Street Tree Program for the Parks & Recreation Department. The bids were:
BIDDER BID AMOUNT
Hermes Landscaping $110,235,23
Rosehill Gardens $114,565.00
Cut-N-Edge $122,682.00
As part of the consent agenda, it was moved by Highberger, seconded by Schauner, to award the bid to Hermes Landscaping in the amount of $110,235.23. Motion carried unanimously. (4)
The City Commission reviewed the bids for Police Uniforms for the Police Department. The bids were:
BIDDER BID AMOUNT
Jay’s Uniform $14,688.20
Safety & Security International $17,470.00
LEECO $23,603.85
Baysinger Police Supply $25,792.00
Baysinger Police Supply, Alternate $22,192.00
Alamar Uniforms $29,133.50
Southern Uniform & Equipment $31,323.80
Superior Uniform Group No Bid
As part of the consent agenda, it was moved by Highberger, seconded by Schauner, to award the bid to LEECO in the amount of $23,603.85 because the bids from Jay’s Uniform and Safety Security International were not complete bids. Motion carried unanimously. (5)
As part of the consent agenda, it was moved by Highberger, seconded by Schauner, to approve the following change order for the 19th Street and Barker Avenue Waterline Improvement Project, completed by R.D. Johnson Construction: a) Change Order No. 2 for $21,640.00, b) Change Order No. 3 for $32,561.20; and c) additional bid item quantities for $26,304.93. Motion carried unanimously. (6)
As part of the consent agenda, it was moved by Highberger, seconded by Schauner, to authorize the City Manager to enter into an engineering contract with Bartlett and West Engineers in the amount of $39,275 for completion of technical specifications and construction phase services for painting the 1.5 million gallon water storage tank located at 19th Street and Kasold Drive. Motion carried unanimously. (7)
As part of the consent agenda, it was moved by Highberger, seconded by Schauner, to authorize the City Manager to execute a contract agreement with Peridian Group, Inc., in the amount of $12,000, to provide engineering services for a storm sewer for Lake View Addition. Motion carried unanimously. (8)
As part of the consent agenda, it was moved by Highberger, seconded by Schauner, to authorize the City Manager to sign Amendment No. 1 for $14,500 and No. 2 for an amount not to exceed $10,000, with Black & Veatch for a total contract increase of $24,500. This brings the total contract cost to $76,500 for the water and wastewater study. Funding will be provided by the water and sewer non-bonded fund. Motion carried unanimously. (9)
As part of the consent agenda, it was moved by Highberger, seconded by Schauner, to approve the purchase of right-of-way and temporary construction easement from Pinnacle LC for the Folks Road Benefit District Improvement, in there amount of $33,430. Motion carried unanimously. (10)
As part of the consent agenda, it was moved by Highberger, seconded by Schauner, to place on first reading, Ordinance No. 7793, rezoning (Z-03-17-04) a tract of land approximately 2.73 acres from A (Agricultural District) to RM-1 (Multiple-Family Residential District) (the property is generally described as being located south of Overland Drive and east of 1000 (Queens) Road); and, directed staff to prepare the appropriate ordinance. Motion carried unanimously. (11)
As part of the consent agenda, it was moved by Highberger, seconded by Schauner, to place on first reading, Ordinance No. 7830, rezoning (Z-07-27-04) two tracts of land; one approximately .32 acre and the second approximately .26 acre from M-3 (Intensive Industrial District to C-5 (Limited Commercial District) (the property is generally described as being located at 642-646 Locust and 645 Locust Street); and, directed staff to prepare the appropriate ordinance. Motion carried unanimously. (12)
As part of the consent agenda, it was moved by Highberger, seconded by Schauner, to place on first reading Ordinance No. 7709, rezoning (Z-08-25-03) a tract of land approximately 1.0181 acres from A (Agricultural District) to PRD-2 (Planned Residential Development District) (the property is generally described as being located 1,000 feet south of West 6th Street and west of Folks Road (extended)); and, directed staff to prepare the appropriate ordinance. Motion carried unanimously. (13)
Ordinance No. 7831, establishing “no parking” along the north side of Applegate Court, was read a second time. As part of the consent agenda, it was moved by Highberger, seconded by Schauner, to adopt the ordinance. Aye: Dunfield, Hack, Highberger, Rundle, and Schauner. Nay: None. Motion carried unanimously. (14)
As part of the consent agenda, it was moved by Highberger, seconded by Schauner, to adopt Resolution No. 6568 authorizing the issuance of bonds in the amount of $550,000 for the access management project on 23rd Street between Iowa and Louisiana Street, and authorize the City Manager to execute an Engineering Services Agreement with HNTB Corporation in the amount of $149,598 for Access Management Improvements on 23rd Street between Iowa and Louisiana Streets. Motion carried unanimously. (15)
As part of the consent agenda, it was moved by Highberger, seconded by Schauner, to concur with the Planning Commission’s recommendations to approve the Final Plat (PF-07-19-04) for Hodge Subdivision, a proposed residential subdivision containing approximately 2.0635 acres, located on the east side of Folks Road, south of West 6th Street; and accept the dedication of easements and rights-of-way subject to the following conditions:
1. Provision of the following fees and recording documentation:
Motion carried unanimously. (16)
As part of the consent agenda, it was moved by Highberger, seconded by Schauner, to concur with the Planning Commission’s recommendations to approve the Final Plat (PF-08-23-04) for Oakley Addition No. 2, a proposed planned residential development containing approximately 14.47 acres, located west of Folks Road approximately 400 feet south of West 6th Street.; and accept the dedication of easements and rights-of-way subject to the following conditions:
Provision of the following fees and recording documentation:
a. Current copy of paid property tax receipt at the time of submittal of the final plat for filing;
b. Recording fees made payable to the Douglas County Register of Deeds;
c. Traffic sign costs of $715.00 will need to be paid prior to recordation of the final plat; and
d. Provision of a completed master street tree plan.
Motion carried unanimously. (17)
As part of the consent agenda, it was moved by Highberger, seconded by Schauner, to concur with the Planning Commission’s recommendations to approve the Final Plat (PF-08-24-04) for Green Tree Subdivision, a proposed 76 lot single-family residential subdivision containing approximately 26.7 acres, located north of Harvard Road and east of George Williams Way; and accept the dedication of easements and rights-of-way subject to the following conditions:
a. Agreement not to protest the formation of a benefit district for street, sidewalk and intersection improvements for both Harvard Road and George Williams Way.
Motion carried unanimously. (18)
As part of the consent agenda, it was moved by Highberger, seconded by Schauner, to concur with the Planning Commission’s recommendations to approve the Final Plat (PF-08-25-04) for Seventh Day Adventist Church, a proposed church site containing approximately 5.312 acres and is located south of West 6th Street (Highway 40) and west of East 1000 Road (Queens Road); and accept the dedication of easements and rights-of-way subject to the following conditions:
1. Provision of the following fees and recording documentation:
Motion carried unanimously. (19)
As part of the consent agenda, it was moved by Highberger, seconded by Schauner, to concur with the Planning Commission’s recommendations to approve the Final Plat (PF-08-26-04) for Fox Chase South No. 2, a replat of lots 8-14, Block 9, and lots 1-7 Block 10, Fox Chase South, a proposed single-family residential subdivision containing approximately 3.450 acres, located east of George Williams Way and south of Harvard Road (extended); and accept the dedication of easements and rights-of-way subject to the following conditions:
a. Copy of paid property tax receipt;
b. Recording fees made payable to the Douglas County Register of Deeds;
c. Provision of a master street tree plan; and
d. Pinning of the lot in accordance with section 20-103 of the Subdivision Regulations.
Motion carried unanimously. (20)
As part of the consent agenda, it was moved by Highberger, seconded by Schauner, to approve the site plan (SP-09-59-04) for Rick’s Place, a side plan for the addition of an outdoor smoking area, along the front of 846 F. Illinois Street, subject to the following conditions:
1. Execution of a site plan performance agreement per Section 20-1433.
2. Provision of a revised site plan to show the existing bumper blocks located in the parking stalls along the building.
3. Provision of a revised site plan to include the following notes:
a. Live or recorded music shall not be played to create a nuisance for the neighborhood;
b. The applicant shall be responsible for policing the area to keep it clean from litter and trash generated by this exterior use;
c. The applicant shall be responsible for insuring the containment of alcoholic beverages on the premises. The applicant has stated that alcohol will not be permitted in the outdoor smoking area;
d. The applicant agrees to remove the fencing and outdoor patio area if there are legitimate complaints from neighbors pertaining to trash, litter or noise problems; complaints to be reviewed by the City Commission;
e. Any outside lighting to be shielded so as not to glare offsite; and
f. No increase to the existing maximum occupancy level will result from the fenced outdoor smoking area.
Motion carried unanimously. (21)
As part of the consent agenda, it was moved by Highberger, seconded by Schauner, to approve the site plan (SP-08-57-04) for outdoor seating at Qdoba’s Restaurant, located at 947 Massachusetts (northwest corner of 10th Street and Massachusetts), subject to the following conditions:
1. Execution of a site plan performance agreement per Section 20-1433.
2. The applicant shall obtain a sidewalk dining license/agreement with the City of Lawrence for the use of the right of way per Article 6-12.
3. Revision of the site plan to include:
a. A note stating: “The City Commission reserves the authority to revoke the right to use the right-of-way if the City Commission determines the noise, trash, or other public concerns associated with the outdoor dining area warrant removal of the outdoor dining area.”
b. Notation of interior and exterior occupancy limits.
4. Completion of HRC Conditions of Approval (DR-07-61-2004).
Motion carried unanimously. (22)
As part of the consent agenda, it was moved by Highberger, seconded by Schauner, to approve the Sidewalk Dining License for Qdoba Mexican Grill, 947 Massachusetts. Motion carried unanimously. (23)
As part of the consent agenda, it was moved by Highberger, seconded by Schauner, to place on first reading, Ordinance No. 7827, allowing possession and consumption of alcoholic beverages on certain city property pursuant to a Qdoba Mexican Grill Sidewalk Dining License. Motion carried unanimously. (24)
As part of the consent agenda, it was moved by Highberger, seconded by Schauner, to receive a letter from the Historic Resources Commission recommending the City make application for the nomination of Hobbs Park to the Lawrence Register of Historic Places. Motion carried unanimously. (25)
As part of the consent agenda, it was moved by Highberger, seconded by Schauner, to authorize the Mayor to execute limited license agreement with Sheryl Lemesany allowing for the continued encroachment of an apartment building into a City sanitary sewer easement at the West Hills Apartment building, 1012 Emery Road (Lot 3 Sigma Nu Addition). Motion carried unanimously. (26)
As part of the consent agenda, it was moved by Highberger, seconded by Schauner, to authorize the Mayor to sign a Subordination Agreement for Stanley Weil, 1706 Vermont Street. Motion carried unanimously. (27)
CITY MANAGER’S REPORT: None
REGULAR AGENDA:
Receive a request from Glee Vision, Inc. concerning projection video advertising.
Mike Gleason, Glee Vision, presented the request to the Commission. He gave a brief background of his company and noted it was not a franchise operation. He said he had a background in the billboard business. He said they researched, developed, and implemented their projection concept from scratch. He said to get where they were today had been challenging and rewarding at the same time. They had been successful because they had developed a marketing concept that promoted a win/win/win situation for all parties involved. Building owners accepted the concept because there was a chance to make additional revenue without having to physically change the way their building or property looked. Advertisers had benefited from their concept because it gave them a chance to get some excellent marketing exposure without those big costs. The various cities that they had dealt with before had accepted the concept because of the environmental and commerce advantages their concept offered without those cities needing to spend a dime.
The concept involved a glorified projector that held transparencies that were 4’ x 5’ and they were marketing to potential advertisers as an alternative to billboards or other marketing medians. They currently had several locations and operated throughout the Kansas City market.
The reaction they had received from past advertisers and current clients had been good for the following reasons:
1. Rate – Advertisers received the benefit of the billboard concept without the big costs. Smaller merchants, especially those who could not afford a billboard concept managed to utilize their concept;
2. Production – To produce an ad that was limited and the turnaround was quick. Both the big and small advertisers with a small budget appreciated this concept because they did not need to be stuck with the same ad over the term of the agreement;
3. Flexibility - Because of the production process, the client could be offered the ability to promote short-term events and sales.
He said the following factors had contributed to positive response from other cities:
1. Environmental Friendly – Preserved the scenic view of an area; no structures were built; nothing would be attached to the building they project on; the building would look the same; no chipped paint, ripped banners or collapsible structures;
2. Promote Commerce for Small Business – Helped generate sales for the local bigger businesses and smaller business owners who had not been able to afford a billboard concept in the past to help promote their business;
3. Non-Profit Involvement – Because of their production process it gave them the flexibility to be more responsive to community events.
He spoke about the projection unit. He said the unit looked like a utility box and took up no more then 12 square feet. The unit would be powered by a plug in and the limited amount of power needed by the projection unit was 208 to 240 plug-in receptacles.
In conclusion, he said the request was to receive permission to operate in the City of Lawrence. He submitted pictures to the City Commission on a potential location which raised some concern because a business owner did not give his approval. He said this was just an idea and a possible location. He said they felt confident that their projection concept could produce positive results for the City of Lawrence.
Mayor Rundle asked if Kansas City, Missouri, was the only city where they were currently approved.
Gleason said they had received approvals from not only Kansas City, Missouri; but also Mission, Kansas; and North Kansas City, Missouri.
Mayor Rundle asked Gleason if he had received a copy of staff’s memo.
Gleason said no.
Lawrence High School Student Representative Justin Isbell asked about the pictures of the projections. He said the projection was not flush with the side of the building and had Gleason accounted for that projection not to look skewed on the building.
Gleason said the pictures they had submitted were not top notch. He said the projections would look professional depending on the wall space they had to work with, and they would adjust the image.
Amie Redington, member of Downtown Lawrence, Inc., said the DLI had not had a chance to discuss this issue. She requested that DLI be afforded an opportunity to comment on this issue if it moves forward.
She said she was also speaking on behalf of her father who owned The Palace. She said this issue, that was presented, seemed to be a done deal and that that projection box was going to go on top of The Palace and projected on to Jefferson’s Restaurant which was not the case. She said her father did not appreciate the way this issue was presented. Also, her father had talked to Gleason six months ago and told Gleason that he would not allow that projection system on his building.
Commissioner Schauner said staff’s memo raised questions that required further investigation before the City Commission took any action. He said this matter needed to be sent back to the various bodies that staff’s memo identified. He suggested that DLI have input on this question as well.
Commissioner Dunfield said his first impression was that this idea was basically a billboard by other means and he was not in favor of adding billboards to the City’s landscape. He did not support the concept.
Mayor Rundle agreed with Commissioner Dunfield. He said the City’s sign ordinances had added a quality to this Cityscape that he did not want to compromise. This concept would be a distraction to the motoring public in the Downtown area because of the pedestrian and vehicle traffic. He said if there was a clamor from the community, then he would be inclined to put this concept through the review process, but at the same time, he did not have much enthusiasm for this concept.
Vice Mayor Highberger said he agreed with everything that had been stated by other Commissioners. He said this concept was inappropriate for the downtown area. He appreciated the affordability for small businesses, but as Commissioner Dunfield alluded to, this was a billboard by another name and when someone spent money on a billboard, that billboard would be there for awhile. There was even less incentive to have quality images displayed when it could be changed on a moments notice. He did not support this concept, but if there was a majority sentiment, he would be happy to see this concept ran by the Sign Code Board.
Commissioner Hack echoed Mayor Rundle’s sign code comments. She said there had been lengthy conversations and hard work to clean up those signs to make those signs look appropriate to the area. She said the cleanup was not just downtown, but also 23rd, 6th, and Iowa Streets. She said she appreciated Gleason coming to the Commission with this concept and she thought they had some legitimate issues with smaller business and the costs of advertising, but she did not support the concept. She said if the City Commission concurred for this concept to go through the Sign code Board of Appeals, she would be okay with that idea, but she would be hard pressed to support the concept if this issue came back to the City Commission.
Commissioner Schauner said he would ultimately not support this concept if it came back from the Commissions unless there was some different rationale than what was presented at this evening’s meeting.
The City Commission took no formal action on the request. (28)
Moved by Hack, seconded by Schauner, to adjourn at 7:10 p.m. Motion carried unanimously.
_____________________________
Mike Rundle, Mayor
ATTEST:
___________________________________
Frank S. Reeb, City Clerk
CITY COMMISSION MEETING OF OCTOBER 5, 2004
1. Bid Date – Weatherization Program, Oct 26, 2004.
2. Bid Date – Oct 19, 2004 for the 19th & Learnard Sanitary Sewer Improvements.
3. Bid – George Williams Way, 6th to Harvard, to King’s Construction for $1,759.240.31
4. Bid – Master Street Tree Program to Hermes Landscaping for $110,235.23.
5. Bid – Police Uniforms to LEECO for $23,603.85.
6. Change Order – 19th & Barker, Change order 2 for $21,640 & Change order 2 for $32,561.20 & additional bid quantities for $26,304.93.
7. Engineering Contract – Bartlett & West Engineers for 39,275 for a 1.5 million gallon water storage tank at 19th & Kasold.
8. Agreement – Peridian Group for $12,000 for Lake View Addition.
9. Amendment No. 1 for $14,500 & No. 2 for $10,000 with Black & Veatch for a total of $24,500.
10. Right-of-Way Purchase – for temp construction easement for Pinnacle LC for Folks Rd Benefit District.
11. Ordinance No. 7793 – 1st Reading, rezone (Z-03-17-04) 2.73 acres from A to RM-1, S of Overland & E of 1000 Rd. (Queens)
12. Ordinance No. 7830 – 1st Reading, rezone – (Z-07-27-04) 2 tracts, 1 tract .32 acre & 2nd tract .26 acre, from M-3 to C-5, 642-646 Locust & 645 Locust.
13. Ordinance No. 7709 – 1st Reading, rezone – (Z-08-25-03) 1.0181 acres, A to PRD-2, 1,000 ft. S of W 6th & W of Folks.
14. Ordinance No. 7831 – 2nd Reading, “no parking” N side of Applegate Ct.
15. Resolution No. 6568, issuance of bonds for $555,00 for 23rd between Iowa and Louisiana & execute engineering agreement with HNTB for $149,598.
16. Final Plat (PF-07-29-04) Hodge Subdivisions, 2.0635 acres, E side of Folks, S of W 6th.
17. Final Plat (PF-08-23-04) Oakely Add No. 2, 14.47 acres, W of Folks approx 400’ S of W 6th.
18. Final Plat (PF-08-24-04) Green Tree Sub, 76 lot, 26.7 acres, N of Harvard & E of George Williams Way.
19. Final Plat (PF-08-25-04) 7th Day Adventist Church, 5.312 acres, S of W 6th & W of E 1000 Rd.
20. Final Plat (PF-08-26-04) Fox Chase South No. 2, replat of Lts 8-14, Blk 9, & lts 1-7 Blk 10, Fox Chase S, 3.45 acres, E of George Williams Way & S of Harvard.
21. Site Plan – (SP-09-59-04) Rick’s Place, outdoor smoking area, for of 846 F. Illinois.
22. Site Plan – (SP-08-57-04) outdoor seating at Qdoba, 947 Mass, NW cor of 10th & Mass.
23. Sidewalk Dining License – Qdoba
24. Ordinance No. 7827 – 1st Reading, allow possession & consumption of alcoholic beverages at Qdoba.
25. Lawrence Register of Historic Places – receive letter for nomination.
26. Limited License Agreement – Sheryl Lemesany, continued encroachment, W Hills Apt Bldg.
27. Subordination Agreement – 1706 Vermont, Stanley Weil.
28. Projection Video Advertising – request form Glee Vision, Inc.