December 21, 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: None

CONSENT AGENDA

As part of the consent agenda, it was moved by Highberger, seconded by Schauner, to receive the Historic Resource Commission action summary of October 21, 2004; the Board of Zoning Appeals meeting of October 7, 2004 and November 4, 2004; the Sign Code Board of Appeals meeting minutes of October 7, 2004; the Planning Commission meeting minutes of October 27, 2004 and November 17, 2004; the Library Board meeting minutes of November 15, 2004; the Sister  Cities Advisory Board meeting minutes of November 10, 2004; and the Public Health Board meeting minutes of October 18, 2004.  Motion carried unanimously.   

As part of the consent agenda, it was moved by Highberger, seconded by Schauner, to approve claims to 295 vendors in the amount of $1,791,550.55.  Motion carried unanimously.  

As part of the consent agenda, it was moved by Highberger, seconded by Schauner, to approve the Drinking Establishment Licenses for Buffalo Wild Wings Grill & Bar, 1012 Massachusetts; Astro’s, 601 Kasold Ste: C-107; the Bourgeois Pig, 6 East 9th Street; Montana Mikes, 1015 Iowa; the Retail Liquor License for Diane’s Liquor, 1806 Massachusetts; and the Caterer License for Jayhawk Catering, 2223 Haskell Avenue, No. G0A8.  Motion carried unanimously.

The City Commission reviewed the bid for one 2,000 gallon tanker/pumper apparatus for the Fire/Medical Department.  The bids were:

VENDOR

TOTAL  BID

Emergency Fire Equipment Co.

Elite Power Products, Inc.

Murphy’s Fire & Rescue

Roger A Brown, Pierce Mfg.

$299,993.00

$315,490.00

$326.550.00

$328,751.00

 

As part of the consent agenda, it was moved by Highberger, seconded by Schauner, to approve the bid to Emergency Fire Equipment Co., in the amount of $299,993.00.  Motion carried unanimously.                                                                       (1)

As part of the consent agenda, it was moved by Highberger, seconded by Schauner, to approve the request for proposals to Main Sequence Technologies, in the amount of $43,045 for PCRecruiter Software System for the online job application project for the Information Systems Department.  Motion carried unanimously.                (2)

As part of the consent agenda, it was moved by Highberger, seconded by Schauner, to approve the purchase of a Mobile Blood Alcohol Testing Van for the Police Department’s Traffic Unit from Master Transport in the amount of $96,311.  Federal funds through KDOT will pay for $77,048.80 and the City of Lawrence will pay $19,262.20.  Motion carried unanimously.                                                                         (3)

The City Commission reviewed the bids for the construction of the storage building at the Household Hazardous Waste Facility.  The bids were:

VENDOR

TOTAL  BID

GSR Construction Company

B.A. Green Construction Company

Weigel Construction Company

$115,020.00

$120,289.00

$130,553.63

 

As part of the consent agenda, it was moved by Highberger, seconded by Schauner, to award the bid to GSR Construction, Inc., in the amount of $115,020.00.  The City of Lawrence will pay $81,331.92 and State Grant will pay $33,688.  Motion carried unanimously.                                                                                                                (4)

The City Commission reviewed the bids for stormwater improvements at 15th and Lawrence Avenue.  The bids were:

VENDOR

TOTAL  BID

Engineer’s Estimate

R. D. Johnson Excavating Co., Inc.

Meadows Construction Co.

$98,538.00

$71,915.00

$125,371.80

 

As part of the consent agenda, it was moved by Highberger, seconded by Schauner, to award the bid to R. D. Johnson Excavating, Inc., in the amount of $71,915.  Motion carried unanimously.                                                                                               (5)

The City Commission reviewed the bids for alley pavement reconstruction from 8th to 9th and Vermont to Kentucky.  The bids were:

VENDOR

TOTAL  BID

Engineer’s Estimate

LRM Industries, Inc.

R. D. Johnson Excavating Co., Inc.

Graybeal Construction Co., Inc.

$167,600.00

$77,224.00

$77,913.30

$80,883.25

 

As part of the consent agenda, it was moved by Highberger, seconded by Schauner, to award the bid to LRM Industries, Inc, in the amount of $77,224.  Motion carried unanimously.                                                                                                                  (6)

As part of the consent agenda, it was moved by Highberger, seconded by Schauner, to authorize the City Manager to sign change orders No. 15 $13,567 and No. 16 ($175,167) to contract with Danis Environmental, Inc. for the wastewater treatment plant expansion project.  Motion carried unanimously.                                               (7)

As part of the consent agenda, it was moved by Highberger, seconded by Schauner, to authorize the City Manager to sign supplemental services agreement No. 4 for $250,000 with Black & Veatch to the wastewater treatment plant expansion project.  Motion carried unanimously.                                                                                                 (8)

As part of the consent agenda, it was moved by Highberger, seconded by Schauner, to place on first reading, Ordinance No. 7778, rezoning (Z-09-30-02) 14.467 acres from A (Agriculture District) to RM-1 (Multiple-Family Residence District), located south of West 6th Street between K-10 Highway and George Williams Way (extended).  Motion carried unanimously.                                                                                                 (9)              As part of the consent agenda, it was moved by Highberger, seconded by Schauner, to place on first reading, Ordinance No. 7779, rezoning (Z-09-31-02) 7.013 acres from A (Agriculture District) to RO-2 (Residence-Office District), located south of West 6th Street between K-10 Highway and George Williams Way (extended).  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. 7780, rezoning (Z-09-32-02) 12.836 acres from A (Agriculture District) to RM-2 (Multiple-Family Residential District), located south of West 6th Street between K-10 Highway and George Williams Way (extended).  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. 7777, rezoning (Z-09-29-02) 32.253 acres from A (Agriculture District) to RS-2 (Single-Family Residential District), located south of West 6th Street between K-10 Highway and George Williams Way (extended).  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. 7808, establishing 2005 water and wastewater rates pursuant to Commission direction on December 14, 2004.  Motion carried unanimously.                                                                                                        (13)

Ordinance No. 7799, rezoning (Z-04-15-04) approximately 26.712 acres from A (Agricultural District) to RS-2 (Single-Family Residential) District, 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, and Rundle.   Nay: None.  Motion carried unanimously.                                                                        (14)

Ordinance No. 7849, establishing “reserved parking for persons with disabilities” in front of 1505 Vermont St, 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, and Rundle.  Nay: None.  Motion carried unanimously.   (15)

Ordinance No. 7850, establishing that traffic shall yield on 29th St. at Kensington Dr., 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, and Rundle.   Nay: None.  Motion carried unanimously.                                   (16)

As part of the consent agenda, it was moved by Highberger, seconded by Schauner, to adopt Resolution No. 6575, authorizing the general obligation bond issuance of $300,000 for tanker/pumper for Fire/Medical Department pending the running of the protest period.   Motion carried unanimously.                                         (17)

As part of the consent agenda, it was moved by Highberger, seconded by Schauner, to receive a letter from KDOT for approval of City application for a geometric improvement project at the intersection of K-10 and Harper Street for the construction of a dedicated left turn lane on Harper Street northbound. Motion carried unanimously.

     (18)

As part of the consent agenda, it was moved by Highberger, seconded by Schauner, to receive a letter from KDOT for denial of City application for Economic Development Project, for the extension of Franklin Road from K-10 to East Hills Business Park.  Motion carried unanimously.                                                            (19)

As part of the consent agenda, it was moved by Highberger, seconded by Schauner, to authorize the Mayor to execute revised agreement with Grant Township for the provision of City fire services to the Township during the years 2005 to 2009.  This replaces the agreement approved in August, 2004 which only included the years 2005 and 2006.  Motion carried unanimously.                                                       (20)

As part of the consent agenda, it was moved by Highberger, seconded by Schauner, to approve a Substantial Amendment to the 2004 Consolidated Plan Investment Summary for Lawrence Open Shelter, 944 Kentucky Street, for fire sprinkler expansion, in the amount of $2,389.                                                                                    (21)  

As part of the consent agenda, it was moved by Highberger, seconded by Schauner, to authorize the Mayor to sign a Release of Mortgage for Dena Hasman, 2633 Rawhide Lane.  Motion carried unanimously.                                                              (22)

As part of the consent agenda, it was moved by Highberger, seconded by Schauner, to authorize the Mayor to sign a Release of Mortgage for Deborah Porter, 828 Madeline Lane. Motion carried unanimously.                                                               (23)

As part of the consent agenda, it was moved by Highberger, seconded by Schauner, to approve a Subordination Agreement for Aaron Blosser, 1226 Connecticut.  Motion carried unanimously.                                                                                                (24)

As part of the consent agenda, it was moved by Highberger, seconded by Schauner, to approve a Subordination Agreement for Cynthia Wisdom, 1049 Home Circle.  Motion carried unanimously.                                                                               (25)

CITY MANAGER’S REPORT:  None

 

REGULAR AGENDA ITEMS: 

Receive report from Lawrence Public Library concerning capital improvement plans.

 

Bruce Flanders, Director, Lawrence Public Library, presented the report of the New Direction Task Force.  He said most of its effort occurred early in 2004 with a design confab in April.  The two day design session congregated many city staff, library staff, and representatives from architectural firms in town who donated their time.  He said they were able to examine five potential sights for expansion or relocation of library service to take library services into the 21st Century to provide for expanded services for the next 20 years or more.  It was exciting to know what the future held for the Lawrence Public Library. 

He said they were very pleased by the level of support they had received from the public in terms of library use.  They were building on a very strong foundation of library use in this community.  In 2004, for the sixth year in a row, they would enjoy record circulation usage of materials to the public.  The library was used increasingly each and every year.  There was a strong demand for information access in our community, as one would expect from a community with intellectual curiosity.  They were definitely providing great value to the community and providing more and more services each year.  He said they were doing this in an environment that placed constraints on their ability to do more.  The library did not want to just provide traditional library services with a collection of print material, but they wanted to take the library into the future. 

The current building was 32 years old, 45,000 sq. feet, and was built at a time when Lawrence population was about half of what it was today.  The only place they were able to expand services was in the storage room with no place to expand in current facility.  He said they believed that the building was dictating to them the types of services they could provide rather than accommodating enhanced services they wished to provide. 

He said the report placed a great emphasis on providing service through a facility located downtown.  The library served as an anchor for downtown and could be viewed as an engine for further economic and infill development downtown.  They looked at potential sites within the downtown district as well as their current site. 

The library was evolving with the times.  The library was a “Community Commons.”  It was an intellectual gathering place for the community with various meeting rooms with people from all walks of life and all ages that came to a single building for the services that were provided.

The report went into detail about space issues, particularly notable in the children and young adult areas which was a great concern because they considered their services to children and young adults highly important. 

The technology infrastructure afforded in a 32 year old building when it was built, there was not a single computer of any kind in the building and now it was difficult to maintain modern computer networks in a rather inflexible facility that was not designed for the types of services that they were not providing.  There was insufficient space for library collections and their shelves were crowded.  There was a large collection that was not presented in a very attractive way. 

The children’s area has six to seven foot shelves that were designed for preschoolers and young elementary school students that was indicative of a severe over crowded problem and that was the only way they could fit their rather magnificent collection in such a small space.

He said there were inadequate meeting room spaces.  Those meeting rooms were booked months in advance.  It was difficult for community groups to find the space they needed in the gallery and auditorium rooms.  The gallery was really a multipurpose room for the display of art work which people attempted to come into that room and view art while meetings were in progress which made it not a workable space.  Most public library’s had a dedicated art display area.  

He said there was also inadequate parking which was a significant issue in that part of downtown Lawrence. 

The Task Force had met early this year and he appreciated their input and work because they did not need to encourage them to think on a large scale.  He said this was a once in a lifetime opportunity to take a major leap forward, in terms of providing library service to this community. 

The term “destination library” or “destination experience library” where there were more interactive opportunities for children.  He viewed the children’s room as an interactive children’s museum/library. 

The Daniel Boone Regional Library in Columbia, Missouri was a good example of a high quality library and they would like to provide that experience to this community. 

He said the Design Summit Process they described various criteria that was looked at when investigating the five sites that were studied.  As a result of that summit, they were able to narrow their focus to three sites which were still under consideration. 

The facility enhancements would be oriented to current and potential trends in library service.  He said they would look at such things as the development of a computer lab to provide computer literacy training to individuals in the community; increased collection space; and provide quiet zones for reading, studying, and cafes. 

He said in conclusion, they were trying to provide modern library services in a 32 year old library facility and they found that it provided new concerns for them daily.  They were excited about working with the Commission and hopefully with a consultant to take this report and make further evaluations.

Craig Penzler, speaking on behalf of the Library Board and the New Directions Task Force, said people often question why a new library was needed and it was their responsibility to answer those types of questions for the community.  The potential was staggering in what could be done for the community, not only as a library, but as a potential engine for community enhancements. 

He thanked the Commission for their support to allow them to continue and to ask the Commission for their continued cooperation in allowing them to work through the RFP process and provide a study session.  He said they needed to work with City staff to make sure they asked the right questions and hire the right people because the community was owed a set of good answers as they moved forward.

Mayor Rundle asked Penzler about an identified source of funds for the RFP process.

Penzler said the funding was received a couple of years ago for satellite service areas.  He said they approached the Commission, at that point, to begin to fund that program.  After two years of that funding, their goals changed and the community let them know that they were more interested in a downtown library than a satellite service situation so they changed their focus.  He said that money had already been collected and was sitting in reserve and was identified as money that they could then use to pursue the downtown process. 

Mayor Rundle called for public comment.

After receiving no public comment, Mayor Rundle said their next action would be to schedule a study session.  Rundle asked if there was any other direction or action needed other than setting up that study session.

Flanders said that was what they were requesting, a study session in early 2005.

Vice Mayor Highberger thanked the Library staff for their hard work.  He said it had the potential to be a great boost for downtown Lawrence.

Commissioner Hack said this community had a great Library staff that had performed amazing tasks and created an incredible atmosphere.  She said this idea was a once in a lifetime opportunity to create something very special. 

Commissioner Schauner thanked the architects in town who came together for free and participated in the design efforts.  He asked, if a consultant was selected today, what was the best estimate of a timeline to produce a report that the Commission could receive and make further decisions about funding, location, and other issues.

Penzler said there was a three prong approach on the RFP process.  First, they would need to develop a baseline of library services and programs.  A specific library consultant would be retained to work with the staff and look at trends to estimate what exactly the community needed.  This would be similar to a program brief for a building.  That document would then be used as a roadmap by a series of architects and financial analysts.  He said there would be a development aspect and architect concept that would be combined.  Adding those three concepts together would help them develop a list of pros and cons on site selection.  These design concepts develop a probable cost which could then start driving discussion on funding and mixed use development.  2005 would be gobbled up with all those activities.  Those activities would provide a package to present to the community for their approval.  He said they would know more when they finished an RFP, but one year was an appropriate estimate. 

Receive request from Steve Ozark regarding request for homeless funding. 

Steve Ozark, Co-Chair, Coalition on Homeless Concerns and member of the Mayor’s Task Force on Homelessness, presented the report.  He read from a prepared statement.  “The City of Lawrence has taken important steps this year to address issues of homelessness and poverty in Lawrence.  The City Task Force on Homeless Services represents a diverse group of community leaders.  Through many meetings and research, the task force has come to an agreement on program needs that should be addressed.  The coalition on homeless concerns recently elected a new board focused on the four services necessary for homelessness.  With this board and two individuals who’ve experienced homelessness, the CHC has moved forward aggressively to handle the concerns of this subject.  These meetings have helped to integrate the different homeless groups.  In late August, I appeared before you asking for $11,000 to provide the funding of one staff member to be on duty.  With your funding, we were able to stay open 24/7 for the first time in Lawrence history.” 

Ozark mentioned the funding for these services ends on Dec. 31st.  He said 24/7 services are needed for the city of Lawrence.  These services work in conjunction with and build upon the continuous of all the homelessness programs.  The vote for 24/7 services was unanimous.  The expense of the city is over $700,000 that the city provides for these services.

Mayor Rundle said it probably is but the figure is only a partial total.

Ozark continued reading the prepared statement, “The spending has largely been in reaction, rather than proactive.  The EMT’s, police, and hospital staff have been called upon consistently to serve people with mental problems and addictions.  These individuals are not trained and able to help in any rehabilitative sense.  We will need $41,330 to staff the weekend, afternoons, and evening hours that would not be open without your funding.  When you look at the funding budgets of each organization, these $41,330 amounts to less than 5% of the total.  Adding extra hours to the services are of no benefit to the services themselves.  It merely provides a staff member and taxes to cover the time they would not be open.  Being open adds extra expense and stress to these organizations and providers.  Who would not benefit from providing 24/7 coverage?  If this funding does not get approved, there will be more people wandering the streets.”

Ozark clarified an earlier letter submitted and said the amount needed at the Salvation Army was also going to help with their utility costs.  He said they removed that utility cost item from the request, in hopes that that would be funded by the HUD grants forthcoming next year.  HUD grants are eager to help with utility costs and not so much personnel.  This request from the City of Lawrence is for personnel. 

Ozark read an email from Paula Gilchrist from the Salvation Army in which she said “The Salvation Army spends on average of $20,000 a month on overnight shelter 9pm-8am.  I would take issue with the cover letter to the city commission stating that the funding requested by the Salvation Army covers insurance and utilities.  Our insurance expenses are phenomenal and utilities run easily $4,500 a month.  In addition to the match we make with the space, insurance, and utilities, the Salvation Army pays for 12 hours of case management during the 18 hours per week the warming shelter is open.  The $17/hour that we requested and the proposal going before the commission addresses monitor salary with benefits and workers compensation.”

Mayor Rundle said in light of the fact that the Task Force has not yet issued its report it seemed difficult to address funding for the entire year.  He said monthly or quarterly funding might be a more appropriate

Ozark said it would be financially prudent to see how things go but he saw a couple of problems include finding the necessary staffing for these jobs.  These are difficult jobs that provide less than a living salary and then we say we’ll keep them for a month or two.  It would be difficult to retain and keep these employees.  He wrote this realizing the Task Force had not completed their research.  He felt the commission should know their progress and provide specific points.  There are no negative comments received on 24/7 services.  It is a priority to provide these services. The task force needs to address the gaps.  This is the necessary first step to having efficient homeless services.  The amount of money spent by police and hospital workers dealing with homeless issues is high.  We want to put the responsibility on the shoulders of our service providers.  The people providing these services are incredible. 

Commissioner Schauner asked about the monitors portion of the proposal.  He asked if the Salvation Army was not providing that particular monitoring and if not was he asking for funds to provide that monitoring.

Ozark said all the funding is for the person who would be the monitor who can give case management if there is time.  He said he didn’t know how realistic that would be if there is one person on staff and 50 or 60 people using the service.  He said the requested funding is for the monitor.  He said they were providing a case manager at their expense during the open shelter time. 

Commissioner Schauner said so the City would be funding a person to work at the Salvation Army for a period of time not currently covered by their staff?

Ozark said correct.  5pm -8pm is the portion the Salvation Army provides.  That’s also worked very well because at LOS, the 21 get in and the other folks can’t because that is the maximum occupancy.  Because of that, this created a bottleneck with the Drop In Center.  The Salvation Army offered to take on responsibility to reduce the bottleneck effect.

Tami Clark, Community Drop In Center, said when considering the quarterly funding to also consider the staff time needed to put those numbers together.  It took two weeks to develop these numbers.  If we have to do this four times a year, that is taking eight weeks out of the year.  She therefore urged the Commission to strongly consider annual funding.  She said if they cannot guarantee a year’s service during those hours, they were at a loss to make long range plans and establish programs during those hours.  They were struggling to make those little pieces work together.  She thanked the Commission for their support and commitment.  

Mayor Rundle asked Clark if the Task Force came up with a plan that differed from the way services are provided now, would she be OK with a different allocation of funds to provide the services?

Clark said at this time their focus had been to support this last quarter trial.  They were trying to piece this 24/7 service together.  She said she could see improving on this service, but not for less than a year.  A one year commitment will allow them to focus on obtaining more funding sources instead of trying to “prove” to you we can provide the necessary services.

Commissioner Hack re-asked the question Mayor Rundle asked if a plan was created that provided services differently than those now provided would she be OK with reallocating those funds.

Clark said if there was a plan that could be agreed to and implemented in six months they would support it 100%.

Mayor Rundle said he thought it would be good at some point to hear the collaborative work that’s gone on between the services to eliminate duplication and also about the effectiveness  they could point to from adding those case workers. 

Vice Mayor Highberger said initially he was supportive of quarterly funding but the more he thought about it he would support annual funding.  He said having said that we will have a comprehensive plan that we’re ready to fund.  The amount of money is not the issue.  To solve this problem, we will have to implement a lot more money.  We should make this commitment.  We need to help people get out of the homeless cycle.  He supported the request. 

Commissioner Schauner said he agreed with many of Highberger’s comments but he was a bit more cynical about another part.  This is a problem that can only be described as intractable.  The best that we can hope to achieve is a plan that efficiently delivers appropriate services to a community that we like to help out of the cycle of homelessness.  He agreed the $40,000 is a lot of money, but in contrast to other city activities that probably don’t deliver the same level of humane support for our fellow man.  He said the money is not unreasonable.  He would probably prefer a six month budget, but he said he is not the person out in the field working with these projects.  He said he didn’t know exactly how long it took to put a legitimate program together.  He hoped 12 months from now there would the Mayor’s task force report, but also a good running start on a program to make unnecessary a mid year request for additional funding.  Mid year requests are troubling and a cycle we would like to avoid.  We try to set our budget at the beginning of the year and these requests make it difficult to get through the balance of the year.  Having said that, he supported the request for the 12 months.  He said we shouldn’t convince ourselves there is an answer to this problem.  It will be with us for a long time.  There will continue to be a homelessness issue in Lawrence and elsewhere.

Commissioner Dunfield said he supported the annual request.  He said it was much easier to see the need than to find a solution to the problem.  A year is a reasonable timeframe to try and put a more comprehensive program into place.  He said should we be able to do this sooner, he was sure we could find ways to reallocate funds. 

Commissioner Hack said the tipping point for her was 24/7 coverage is not just providing shelter but a better program to get people off the streets and make an improvement in their lives.  This is your goal to achieve.  Without this funding, we are asking you to do something we’re not affording you the possibility of doing.  She said the one year funding sends a signal that the City supports this issue.  We believe in what you do and it helps our citizens.  As a community we will find a solution to this issue.   We will work with all the entities involved.  She thanked them for their hard work.

Commissioner Rundle said in the weeks ahead it might be good to figure out a way to report back to the Commission.  It would be good to see how the work is progressing through the year.  He said the reason he asked Tammy Clark to speak was because a case workers allows information to be shared.  The shared information allows people to get into housing much more regularly.  The funding we’ve provided is being used effectively.

Commissioner Schauner said one thing he never thought about until he talked with Rich Forney about a year ago was how difficult it is to get a job without an address.  Hopefully the case work in this area can be helpful in providing a home base for people to move forward.

It was moved by Schauner, seconded by Dunfield to approve the request for homeless funding and to direct staff to find the requested funds.  Motion carried unanimously.

Wildgen said the funding source would be unexpended general funds.          (27)

 

Receive staff report concerning proposed Eagle Bend Golf Course fees. 

Fred DeVictor, Parks and Recreation Director, presented the staff report.  He said they had more operational information than they did 7-8 months ago when they prepared the budget request.  He said he was not happy to report but even though this year is better than 2003, we will not meet our revenue projections for the year.  Eagle Bend is completing its 6th year of operation.  With the exception of the water provided, we have made this work.  Except for the last several years when we’ve gotten into the downturn of the economy.  This and the weather are beyond our control and have affected our business.  Consequently we’re requesting higher fees to supplement our revenue for next year.  We’ve showed you several options in this information to consider.  We recommend a two dollar per 18 hole green fee increase and 1 dollar per 9 hole green fee increase. 

Mayor Rundle asked about tournaments and whether tournament requests that were turned down were generally on weekends.

Jim Kane, Eagle Bend Golf Pro, said yes.  He said they have been sensitive to citizen’s needs to play on Saturday and Sunday mornings.  We’ve adhered to this demand.  As a result, any group of more than 20 has not been able to play until after 2 pm.

Mayor Rundle asked if Sunday was a less desirable day to play tournaments and whether there was lower demand? 

Kane said there is a lower demand for a Sunday event.

Commissioner Hack asked if there were more tournaments for 2005 due to the Alvamar Public course closing for part of the year for renovations.

Kane said he was anticipating that but could not say for sure.  He doesn’t know the operations for Alvamar.  He would assume for the tournaments they regularly schedule in the spring, they would try to persuade them to hold the tournament after it opened.  They anticipated they would get more tournaments in the spring.

Commissioner Schauner asked if there was a magic number of rounds played at which revenue would be maximized compared with increased course maintenance.  If we had a 100,000 rounds played, we’d have more revenue but more maintenance as well. 

Kane said the superintendent would have a better understanding of that issue.  But he said it would be fair to say that would not be true.  The maintenance of the golf course is basically the same.  More golfers do not mean more staff.

Commissioner Schauner said rather than increase the cost of fees would it be better to lower the cost in order to increase the number of rounds played per year.  This would allow us to be more competitive with surrounding courses.

Kane said Eagle Bend is competitive now with surrounding courses.  Lowering fees doesn’t necessarily mean it will generate 10,000 more rounds of golf. 

Commissioner Schauner asked whether increasing fees a dollar or two would decrease our percentage of the market.

Kane said Eagle Bend has only increased fees $.50 per year since it’s been open.  Through correspondence with regular golfers, it is his understanding that they would be more than willing to pay a couple extra dollars per round.  Will that deter people from going to Eagle Bend?  He doesn’t think so.  All the golf courses in the area are doing around 30,000 rounds a year whereas, four years ago, all the courses were doing over 40,000.

Commissioner Schauner asked whether there were any foreseeable trends or is the golf industry at a plateau.

Kane said he doesn’t think rounds will increase with the supposed upswing in the economy.  Even though there are fewer golfers, there are more golf courses.  Golfers have more options.

Commissioner Schauner asked whether it would be better to raise the fees another dollar.  If a couple of bucks don’t matter for rounds played, why not increase fees more.

Commissioner Hack said of the eleven courses they were able to get financial cost information on, we’re in the bottom third.  We are very comparable.  We do have to have that balance.  She said a three dollar increase sounds a whole lot worse than two.

DeVictor said as you saw in that survey, the higher priced courses are in the KC metro area and as you get further west, they get less and less.  Topeka and Salina were lower.

Commissioner Schauner said the projected rate for Topeka is $29/$40 for walking/riding.  Ours is $33/$36.  He said it seemed that $34/$37 was still competitive.  If we’re going to go up, why not make a little bigger jump with another buck.  We’re still competitive with Topeka Public on the riding aspect.

Commissioner Dunfield said the idea for setting the fee was to balance out the costs. 

Commissioner Schauner said if history is the teacher here, we’re not trying to be optimistic about number of rounds made, we’ve still not hit the mark.  We’ve overestimated the number of rounds played over the past few years for a number of reasons. 

Bruce Rist, former employee of Eagle Bend, said he agreed with what DeVictor and Kane mentioned.  Eagle Bend did very well when it first started and slowly there was a decrease in rounds.  A lot is attributable to post 9/11, but also watering down.  Golfers didn’t climb with the number of rounds being built.  Eagle Bend isn’t alone in this suffering.  As an option for consideration, is to explore the option of paying off the bond.  By paying off the bond in one huge hit, we wouldn’t have to be in this same situation next year.  It would slow the perception by the public that Eagle Bend isn’t making it.  It could be a public relations avenue to explore.

Wildgen said the bonds were issued over twenty years and he had to check but he didn’t think they were callable.  He asked where the money would come from. The good news on the course is the revenues have been paying the operating costs.  The revenues come from the users.  There is no property tax.  The sales tax did start it up and has to help in one year but paying off the bonds lowers that.  But you have to have a source.  There are no reserve funds, so that was not a workable option.  Call provisions would have to be in the original bond.  You’d have to essentially raise property taxes to retire that bond.  $300,000 each year for bonds is a substantial burden many courses don’t have to bear, but we also don’t have property taxes because we had the land.

Commissioner Hack said she supported the 2 dollar increase for 18 hole green fees and 1 dollar increase for 9 hole green fee recommendation from the Parks and Recreation. Having an occasional tournament would bring people to the course who have not seen it.  Maybe they would come back.

Commissioner Schauner said he would like to know if there is a possibility of an additional dollar per round to pay those bonds off.  Just dedicate a certain percentage to those bonds.  If those bond costs were gone, we would be in significantly better financial shape.  This is not a proposal, just for consideration.

Moved by Hack, seconded by Dunfield, to approve the 2005 fee schedule as recommended by Parks & Recreation staff (a $2.00 increase for 18 hole green fees and a $1.00 increase for 9 hole green fees). Motion carried unanimously.                    (28)

Receive staff report concerning initiation of 9th Street Corridor Study. (Generally between Kentucky and Maine Streets)

 

Commissioner Schauner said he noticed in the report that the neighbors did not envision commercial development in the immediate future.  We have seen in many neighborhoods zoning done in a particular way with no immediate plans to use it at that zoning level.  Sometimes neighbors get surprised when commercial opportunities arise at those levels.  Since we were looking at W. 6th as an area plan, it seemed a good idea to look at this corridor and proactively preserve the residential character of the ground not currently used as commercial space.  He said the line appeared jagged at some places but he wanted the Commission to look at that issue.

Commissioner Dunfield said one observation after reading the plan is a lot of talk about transitions with changes to high density or medium density residential to form transition.  In the abstract, that made sense.  However, the transitions are less important than preservation.  He said that corridor functions very well as a residential/commercial area.  On the north side of 9th street, there are quite a few single family houses zoned C-5 and he would hate to see those replaced with medium density housing or some other use because they happen to fall in that so called transition area.  What we should say is we want to maintain and preserve those houses and not see them disappear.  In that sense, maybe we wanted to make that boundary more jagged to recognize those existing uses.

Commissioner Hack said she would hate to see commercial to medium density to residential on 9th St just because it’s the mode of thinking for planning.  She recognized that works in newer areas; however, this is a unique older neighborhood.  We have these neighborhood plans that don’t foresee difficulties in Horizon 2020 that dictate the commercial chapter we recently approved.  She said she was not sure an area plan was needed but maybe just look at the individual homes in these districts and the zoning reflects the use.

Commissioner Highberger said they should go through the area plan process and have more neighborhood feedback.  Old West Lawrence and Oread are concerned with this area.  He agreed with Dunfield that the transitions are fine and there is not need to change.  He would support the area plan process and make the appropriate adjustments to preserve the neighborhood the way it is.

Commissioner Rundle said he appreciated Dunfield’s comments.  He said he heard from history or neighborhood lore that the line would have been more jagged but an outside consultant drew a straight line because it is the logical thing to do as a planner.  The focus was not on the 9th street corridor but on the neighborhood itself.

Commissioner Hack said if this gave the neighbors more piece of mind of what is there and will remain there but not extended it made perfect sense.  An area plan is only as good as three votes from the commission. 

Commissioner Schauner asked if Planning knew of anything in the pipeline in that stretch.

Finger said she did not know of anything.  She offered a second option and said rather than an area plan, under the new code, there is the ability to do an overlay district with design standards.  This is more what the area begs for than a new plan.  You have what a new plan will provide you; land use, zoning, transition level.  What you don’t have is the tool to help that redevelopment occur so that you can keep the status quo.  That would be through design standards and an overlay district.  This would define and maintain the gateway downtown.  This would be an option to study.

Commissioner Schauner asked if that would accomplish the preservation of existing uses.

Finger said it would accomplish the preservation of existing structures.  You may have a home that is single family that might have an office that goes into it or serve as a low impact business.  There are many of these properties that are covered by the environs of the Old West Lawrence Historic district or individual properties.  So as far as the architectural or design standard, you already have a good portion under scrutiny by a different angle thru the preservation and historic resource commission.

Commissioner Schauner asked what if the goal was to preserve the residential character of those existing single family residences.

Finger said the design standards would help with that.  The overlay district with the C-5 zoning, which will go CC220, but you have a standard that has to be met.  Transitioning is an entirely different animal when you try to do it in this built neighborhood.  It really has to do with your form and structure.  You can’t meet the standards in the code because you don’t have the depth to do so.

Commissioner Schauner said he would like to see plusses of area plan versus an overlay district with design standards.

Finger said she would give the different elements of each.

Mayor Rundle asked if downzoning of properties were promoted by either of the neighborhoods would that fit better for one or the other.

Finger said it would come more through the design standards.  When we were looking at Old West Lawrence Neighborhood Plan, the concern was, when looking at 23rd street and comparing that strip being so narrow, redevelopment would need at least 200 feet of depth.  Those lots do not provide enough depth to provide the commercial and transition.  It’s either one or the other.  The line came straight across as we talked to the neighbors.  If you make the line more jagged and you drop down to 100ft at some points, you remove the possibility of doing something that could be compatible and maintaining the commercial use.  Either you will see deteriorated properties or marginal use because it has to conform to a standard it physically can’t.

The Commission directed staff to prepare a memo identifying the advantages of an overlay district with design standards for the area compared to creating an area plan for the area.                                (29)

Receive staff report concerning 2005 State Legislative Priorities.

David Corliss, Assistant City Manager/Legal Services Director, presented the draft policy statement.  He said the draft follows the packet with an exception to bullets 3 and 4.  The statement does follow some of the concerns indicated in the past.  The highlight in the first paragraph is appreciation for their work and in the second paragraph the top legislative concerns focus on unfunded mandates and attempts to reduce local control.   He said he did have a briefing with the League of Municipalities last week.  They are indicating one of their primary concerns this next year is working to prevent the enactment of tax or spending lids.  Other states have had similar efforts and in some places enactments.  For example, in Colorado, it’s TABR, a taxpayer bill of rights.  Either inflationary or growth restraints on the ability of local government to grow.  Not only municipal programs but sometimes entire municipal budgets.  The issue is not how much we should spend, but who should decide.  We have always fought for local control.

Mayor Rundle expressed interest in the ability of cities to enact an excise tax. 

Corliss said many Johnson County cities have enacted excise taxes through home rule authority.  It is a tax on the ability of property owners to plat their properties.  That revenue has been used for many growth related items.  It has been used for transportation and recreation funding.  The public improvement task force discussed this issue and was briefed by some of the officials in Johnson County.  While we don’t have an excise tax, it was appropriate to indicate in the statement that we would oppose efforts to reduce our ability to enact that excise tax.  The new paragraph to this statement is to oppose efforts to share alcohol tax monies.  We didn’t have that in the letter.  That is a continuing concern of the legislature and we want to make sure legislators are aware of our standing on that issue. 

We’ve also indicated that it would be appropriate to continue funding of economic development initiative efforts and there has been some discussion at the Legislature of looking at star bonds.  Some of that star bond authority is going to expire and we may want to go on record indicating we want to continue that as well. 

The rest of the statement includes concerns about unnecessary state mandates, including discussion about Kansas being the only state in the Union that restricts municipal investment authorities in the fashion that they do.  We can’t even invest our idle funds the same way the State of Kansas can.  We oppose restrictions on the ability to exercise condemnation powers or eminent domain authority.  Issues don’t change the state law governing annexation authority.  Continued comments about resource conservation and water rights.

Commissioner Dunfield indicated interest in KPERS and the importance of that and maintained quality employees.  The last bullet supported the highway program and MARC’s smart move plan.  That outlines that list.  He looked at Lenexa’s plan, Wyandotte County and others.  The format we’ve looked at is more of a letter than a pamphlet.  It is important to indicate the partnership with legislative delegation and you hit the highlights of what are likely to be issues and what is likely to be moved in 2005.  The league has indicated to me that they are not going to initiate any legislation.  The league has indicated this will be a defensive year.  The legislators that want to remove local authority and funding sources.  This is where they will concentrate their efforts.  We need to indicate we need to handle our on resources and not the state. 

            Commissioner Schauner asked if there was anything new on Internet tax at the federal level.

Corliss said Congress extended the moratorium.  The length is unknown but not indefinite.  He heard some discussion that as the President pushes tax reform issues, that you may see some overlap in the sales tax issues.  This could impact municipal interests.  He said this was a significant issue for the National League of Cities. 

Mayor Rundle said he would hope for the best out of this legislative session.  He said it is a sad state of affairs when the biggest threat the legislators feel is local government and is not willing to work in a collaborative way to solve common problems.  He said let’s hope that pessimistic view is not carried out.                                                  (30) 

Receive draft City Commission Goals Statement.

Mike Wildgen said this summary was put together from the notes and goals established in November.  If approved we will give this to the staff and look for activities that will implement those goals. 

Commissioner Highberger said staff should focus on the key goals and not necessarily the implementation of all the other ones.  He said he thought there was not consensus on some of those other goals that were not listed as key.

Commissioner Dunfield said he appreciated the effort by Carol Nalbandian and staff to make these goals legible. 

Commissioner Schauner encouraged anyone with Internet access to check out the city’s key objectives and see where the city is moving.

Moved by Schauner, seconded by Hack, to adopt the City Commission Strategic Goals and Priorities Statement.  Motion carried unanimously.                        (31)     PUBLIC COMMENT

Henry Johnson, said he was here on September 28, 2004 to discuss a letter he read then.  He asked whether a group of nurses met with the Human Relations Director and discussed his medical records.  He read the letter last time.  After he read the letter he received a threatening letter from an attorney.

Commissioner Dunfield said staff will get an answer to that question.

COMMISSION ITEMS

Commissioner Hack said she attended the K-10 corridor session.  It was a good discussion on bio science.  The excitement to move together with cities is great. 

Commissioner Schauner asked if there was any conversation about public transportation along the corridor

Commissioner Hack said no, this meeting was more on business attraction and expansion. 

Commissioner Dunfield said the K-10 association for a long time focused on making this corridor a multi-use area.  It has been very supportive of that idea of a commuter bus. 

 

Moved by Hack, seconded by Schauner to adjourn at 8:15.  Motion carried unanimously.                                            

 

 

                                                                        _____________________________

Mike Rundle, Mayor

 

ATTEST:

___________________________________                                                                       

Frank S. Reeb, City Clerk


CITY COMMISSION MEETING MINUTES DECEMBER 21, 2004

1.                  Bid – One 2,000 gallon tanker/pumper for Fire/Med to Emergency Fire Equip. Co., for $299,993.

 

2.                  RFP – for online job application project to Main Sequence Technologies for $43,045.

 

3.                  Van Purchase – Mobile Blood Alcohol Testing Van to Master Transport for $96,311.  

 

4.                  Bid – Storage Bldg at Household Hazardous Waste to GSR Construction for $33,688.

 

5.                  Bid – Stormwater improvements at 15th & Lawrence Ave to R.D. Johnson for $71,915.

 

6.                  Bid – Alley pavement reconstruction from 8th to 9th & Vermont to Kentucky to LRM Industries for $77,224.

 

7.                  Change Order –  Wastewater Treatment Expansion Project, Danis Environmental.

 

8.                  Supplemental Services Agreement – Black & Veatch for Wastewater Treatment Expansion Project for $250,000.

 

9.                  Ordinance No. 7778 – 1st Read, Rezone (Z-09-30-02) 14.467 acres, A to RM-1, S of W 6th between K-10 & GWW.

 

10.              Ordinance No. 7779 – 1st Read, Rezone (Z-09-31-02) 7.013 acres from A to RO-2, S of W 6th between K-10 & GWW.

 

11.              Ordinance No. 7780 – 1st Read, Rezone (Z-09-32-02) 12.836 acres from A to RM-2, S of W 6th between K-10 & GWW.

 

12.              Ordinance No. 7777 – 1st Read, Rezone (Z-09-29-02) 32.253 acres, from A to RS-2, S of W 6th between K-10 & GWW.

 

13.              Ordinance No. 7808 – 1st Read, 2005 water & wastewater rates.

 

14.              Ordinance No. 7799 – 2nd Read,  Rezone (Z-04-15-04) 26.712 acres from A to RS-2, N of Harvard.

 

15.              Ordinance No. 7849 – 2nd Read, “reserve parking for persons with disabilities” in front of 1505 Vermont. 

 

16.              Ordinance No. 7850 – 2nd Read, traffic yield on 29th at Kensington Dr.

 

17.              Resolution No. 6575 – GOB $300,000 for tanker/pumper for FireMed.

 

18.              City Application – Geometric Improvements for intersection of K-10 & Harper.

 

19.              City Application – Economic Development Project for extension of Franklin from K-10 to E Hills Business Park.

 

20.              Revised Agreement – Grant Township for City fire services during years 2005 to 2009.

 

21.              Substantial Amendment to 2004 Consolidated Plan Investment Summary for Lawrence Open Shelter for fire sprinkler expansion for $2,389.

 

22.              Mortgage Release – 2633 Rawhide, Dena Hasman.

 

23.              Mortgage Release –  828 Madeline Ln, Deborah Porter.

 

24.              Subordination Agreement – 1226 Connecticut,  Aaron Blosser.

 

25.              Subordination Agreement – 1049 Home Circle, Cynthia Wisdom.

 

26.              Lawrence Public Library – Capital Improvement Plan.

 

27.              Homeless Funding.

 

28.              Eagle Bend Golf Course Fees.

 

29.              9th Street Corridor Study (between Kentucky & Maine)

 

30.              2005 State Legislative Priorities.

 

31.              City Commission Goals Statement.