November 15 , 2005
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 Highberger presiding and members Amyx, Rundle, and Schauner present. Commissioner Hack was not present. Student Commissioner Frei was present.
RECOGNITION/PROCLAMATIOIN/PRESENTATION:
Annual Service Awards were given to honor those City employees who were reaching mile markers in years of service for the City.
Mayor Highberger proclaimed November 14 – 18 to be “U.S. International Education Week” and proclaimed November 19th as Salvation Army Christmas Kettle Kick-Off Day.
CONSENT AGENDA
As part of the consent agenda, it was moved by Amyx, seconded by Schauner, to approve the City Commission meeting minutes of November 1, 2005 and November 8, 2005. Motion carried unanimously.
As part of the consent agenda, it was moved by Amyx, seconded by Schauner, to receive the Board of Zoning Appeals meeting minutes of October 6, 2005; the Board of Electrical Examiners and Appeals meeting minutes of October 5, 2005; the Building Code Board of Appeals meeting minutes of October 13, 2005; the Aviation Advisory Board meeting minutes of August 31, 2005; and the Parks & Recreation Advisory Board meeting minutes of September 13, 2005 and October 11, 2005. Motion carried unanimously.
As part of the consent agenda, it was moved by Amyx, seconded by Schauner, to approve claims to 423 vendors in the amount of $1,992,111.92 and payroll from October 30, 2005 to November 12, 2005 in the amount of $1,491,393.00. Motion carried unanimously.
As part of the consent agenda, it was moved by Amyx, seconded by Schauner, to approve the Cereal Malt Beverage License (On premise) for Quik Trip, 1020 East 23rd Street (Contingent Upon Departmental Approval). Motion carried unanimously.
As part of the consent agenda, it was moved by Amyx, seconded by Schauner, to concur with the recommendation of the Mayor and appoint Marian Brown to the Jayhawk Area Agency on Aging, which will expire September 30, 2008. Motion carried unanimously.
The City Commission reviewed the bids for three rear load refuse trucks for the Public Works Department. The bids were:
BIDDER BID AMOUNT
American Equipment, bid 1 $276,231
KCR International $282,042
American Equipment, bid 2 $285,648
Roy Conley & Company $306,414
McNeilus $334,932
Burnup Equipment, bid 1 $399,474
Burnup Equipment, bid 2 $408,891
Corbin Equipment No Bid
As part of the consent agenda, it was moved by Amyx, seconded by Schauner, to award the bid to Roy Conley & Co., in the amount of $306,414 because the two low bids, American Equipment, bid 1 and KCR International did not meet the minimum specifications of the hopper vertical opening dimensions and the hydraulic tank size. Motion carried unanimously. (1)
The City Commission reviewed the bids for one roll-off truck for the Public Works/Solid Waste Division. The bids were:
BIDDER BID AMOUNT
American Equipment, bid 1 $85,967
American Equipment, bid 2 $87,062
Roy Conley & Co. $87,343
KCR International $87,882
Burnup Equipment, bid 1 $120,060.75
Burnup Equipment, bid 2 $121,155.75
Corbin Equipment, Inc. No Bid
As part of the consent agenda, it was moved by Amyx, seconded by Schauner, to award the bid to Roy Conley & Co., in the amount of $87,343 because the two low bids from American Equipment did not include the engine warranties and manuals. Motion carried unanimously. (2)
As part of the consent agenda, it was moved by Amyx, seconded by Schauner, to approve the purchase of two (2) one ton trucks for the Parks & Recreation/Facilities Maintenance Division from Shawnee Mission Ford off the MACPP bid for $17,129 each for a total of $34,258. Motion carried unanimously. (3)
As part of the consent agenda, it was moved by Amyx, seconded by Schauner, to approve the purchase of one (1) ½ ton pickup for the Parks & Recreation Department from Heritage Dodge off the MACPP bid for $15,753.20. Motion carried unanimously. (4)
As part of the consent agenda, it was moved by Amyx, seconded by Schauner, to authorize the purchase of property from Beckett Ministries International, Inc., in the amount of $10,000 for the reconstruction of the North Lawrence Pump Station No. 3, generally located at 720 Grant Street. Motion carried unanimously. (5)
As part of the consent agenda, it was moved by Amyx, seconded by Schauner, to award the Mechanical Systems Renovation Project, Phase Four, for the Investigation and Training Center (ITC) to Huxtable L.T. Service, Inc., for $15,490. Motion carried unanimously. (6) As part of the consent agenda, it was moved by Amyx, seconded by Schauner, to adopt Resolution No. 6619, for issuance of General Obligation Bonds for Mechanical Systems Renovation Project, Phase Five, for City Hall to Huxtable L.T. Services, Inc., for $199,680. Motion carried unanimously. (7)As part of the consent agenda, it was moved by Amyx, seconded by Schauner, to place on first reading, Ordinance No. 7932, establishing new bus zones along the south side of 15th Street. Motion carried unanimously. (8)
As part of the consent agenda, it was moved by Amyx, seconded by Schauner, to place on first reading, Ordinance No. 7944, establishing an “all way stop” at Constant Avenue and Becker Drive. Motion carried unanimously. (9)
Ordinance No. 7942, an ordinance repealing Ordinance No. 7883, and extending the temporary moratorium for the issuance of building permits for certain properties until February 1, 2006, was read a second time. As part of the consent agenda, it was moved by Amyx, seconded by Schauner, to adopt the ordinance. Aye: Amyx, Highberger, Rundle, and Schauner. Nay: None. Motion carried unanimously. (10)
As part of the consent agenda, it was moved by Amyx, seconded by Schauner, to authorize the City Manager to execute an agreement with TranSystems, Inc., in the amount of $231,822 for the engineering design of the reconstruction of the intersection at 2nd and Locust. Motion carried unanimously. (11)
As part of the consent agenda, it was moved by Amyx, seconded by Schauner, to adopt Resolution No. 6620, authorizing the issuance of bonds in the amount of $240,000 for the engineering design of the construction of the reconstruction of the intersection at 2nd and Locust. Motion carried unanimously. (12)
As part of the consent agenda, it was moved by Amyx, seconded by Schauner, to authorize the Mayor to execute KDOT form 1303 (Certification of Real Property Acquisition Procedures) and adopt Resolution No. 6621, verifying right-of-way clearance and utility arrangements. Motion carried unanimously. (13)
As part of the consent agenda, it was moved by Amyx, seconded by Schauner, to approve selection of Lowenthal Singleton Webb and Wilson for City audit services. Motion carried unanimously. (14)
As part of the consent agenda, it was moved by Amyx, seconded by Schauner, to authorize staff to develop construction management services agreement, for final Commission approval, for the design and construction of 6th/Kentucky sanitary sewer lift station improvements. (15)
As part of the consent agenda, it was moved by Amyx, seconded by Schauner, to authorize the issuance of a Request for Qualifications for the Development Review Process Project. Responses to the RFQ will be accepted until 5:00 on Monday, December 5, 2005. Motion carried unanimously. (16)
As part of the consent agenda, it was moved by Amyx, seconded by Schauner, to receive a request from Normandy Park Homeowners Association concerning private street maintenance; and refer to staff for report. Motion carried unanimously. (17)
As part of the consent agenda, it was moved by Amyx, seconded by Schauner, to adopt finding of fact, approve rezoning requests, and authorize drafting of ordinances for placement on a future agenda. Motion carried unanimously.
a) A request to rezone (Z-05-34-05) a tract of land approximately 1.35 acres from M-2 to RS-2; located on the south side of the 200 block of Perry Street. Requested by the North Lawrence Neighborhood Association and initiated by the Planning Commission at their July 25, 2005, meeting.
Motion carried unanimously. (18)
CITY MANAGER’S REPORT:
During the City Manager’s Report Mike Wildgen said information was sent out earlier this month to all cereal malt beverage and retail liquor establishments concerning Sunday sales. He said state law changed in that the sale at retail of cereal malt beverage in the original package would be allowed within the city on any Sunday, except Easter, between the hours of 12:00 noon and 8:00 p.m., and the sale at retail of alcoholic liquor in the original package was allowed on Sunday, except Easter between the hours of 12:00 noon and 8:00 p.m., and on Memorial Day, Independence Day, and Labor Day, effective November 18, 2005.
Also during the City Manager’s report, Vice Mayor Amyx said he read the snow removal plan and appreciated the amount of staff’s time and effort that it would take to implement that plan. (19)
REGULAR AGENDA ITEMS:
Receive draft Request for Proposals for reuse of Fire Station No. 4 (2819 Stonebarn Terrace) and Fire Station No. 5 (1839 Massachusetts)
Mike Wildgen, City Manager, said the two fire stations that were under construction would allow for stations 4 and 5, to be vacated. He said from earlier direction by the City Commission interested parties were invited to attend a meeting to discuss the reuse of those two fire stations.
He said the city would accept proposals for use of those buildings until February 17, 2006. The new fire stations would not be complete until late spring and summer of 2006. Therefore, there would be adequate time to evaluate those proposals.
Vice Mayor Amyx asked if Wildgen had evaluated City Hall’s need for those two facilities.
Wildgen said the station on Massachusetts was very small and did not have adequate parking for any type of City function. The station on Lawrence Avenue also did not have adequate space to house any City divisions.
Vice Mayor Amyx said throughout this process, if the City Commission found some City Hall use for that station, he hoped they would retain the ability to compete for that station.
Wildgen said the City Commission would be able to retain that ability.
Jim McSwain, former Fire Chief, said back in 1981 a fire station was proposed to be constructed on Lawrence Avenue, but the neighborhood was not receptive. He said fire/medical staff had attended a neighborhood association meeting to discuss that proposal. One issue was the sound of the sirens, but staff had indicated to the neighborhood that they would not sound the sirens within 200 feet of Lawrence Avenue after 10:00 p.m. He said after those discussions with the neighborhood, the neighborhood welcomed that fire station to the neighborhood.
He said he proposed keeping Fire Station No. 5 a City facility and that the first floor of the station be used as a fire and EMS museum which and that proposed use had the support of many firefighters and neighbors. The second floor would be office space for the local union who would perform the daily maintenance and upkeep of that station. Numerous firefighters had indicated that they would donate their time to setup and maintain that museum. Also, a licensed plumber volunteered to take care of all of the plumbing issues at that station. He said the City’s Building Maintenance Engineer indicated that it would not be a burden on the City if they needed assistance from that Division of the Public Works Department.
The City took over that station in 1997 when the City merged with the Douglas County Ambulance Service and that building was leased for $1.00 a year to the County and the City took that station over to house the Battalion Chiefs.
Since 1997 they had replaced the roof, heating and air conditioning system, and windows so the building was in good shape. He said he did not foresee any great expenses that would be needed for that facility in the near future. He presented information to the City Commission regarding events that took place since the 1950’s to present. He said the maintenance of the Visitor’s Center, Arts Center, City/County Health Department and Carnegie building were all funded by the City.
He said the facility used as a Fire and EMS museum could help educate Lawrence citizens and their children on the Fire/Medical history since this community was formed. He said he thought this proposal was a good community use for this facility which would recognize the sacrifices that were made by firefighters and medical personnel and would celebrate their achievements and contributions to this City.
He said they would appreciate City Commission consideration of their proposal and suggested removing the RFP for Station No. 5 to see if they could work issues out with City staff.
Mayor Highberger said he appreciated the proposal, but preferred sending out the RFP to see if there were other proposals to compare McSwain’s proposal against. He suggested that the City Commission receive more information such as on-going costs for maintenance, upkeep and utilities.
He encouraged McSwain to discuss this issue with the Lawrence Preservation Alliance who would most likely be supportive of that proposal and would work with McSwain on that proposal.
Commissioner Rundle said he agreed with the Mayor. He said McSwain’s idea appeared to set the bar for other proposals and was the type of proposal that he would support. He said the RFP process would give McSwain an opportunity to focus on a complete and comprehensive proposal.
He said in addition to discussing that proposal with the Preservation Alliance, he suggested that McSwain have discussions with the Public Health Department to include in the proposal because at one time, this community had a town doctor.
Commissioner Schauner said he agreed, but suggested that an email be sent to all City staff indicating McSwain’s proposed use of that facility. He said he supported approving the dissemination of the RFP.
Vice Mayor Amyx said he thought the proposal was a wonderful idea for the community and emergency responders. He said the RFP was justified because there were five or six individuals that showed interest by coming to that meeting and would be a disservice to those individuals if they did not go through the RFP process.
McSwain said he talked to the owners of Cottin’s Hardware and they indicated that anytime there was an overflow of vehicles at Station No. 5, their lot would be available.
Commissioner Rundle said he did not want McSwain to be disheartened by the City Commission’s decision because McSwain did have a great proposal and it was hard to resist the impulse to join his mission.
Student Commissioner Frei said he liked the idea of turning Fire Station No. 5 into a museum because it would be beneficial to the community and would be a facility that people would want to see.
Moved by Amyx, seconded by Schauner, to approve the dissemination of RFP’s for reuse of Fire Station No. 4 and Fire Station No. 5. Motion carried unanimously. (20)
PUBLIC COMMENT: None.
COMMISSION ITEMS:
Mayor Highberger said there had been much discussion about the idea of the City getting ahead of the development process and possibly changing the City’s annexation policy. He suggested that it was time to consider all of those items together and have the Commission give a thumbs up or thumbs down on taking a more proactive approach to development which included analyzing Service Area 1, looking at where the City should and was expected to grow in the next 3 to 5 years to initiate annexation in that area, develop a service plan, and find a way to fund that service plan. He said that should include area planning to the detail of local streets involving property owners in the affected areas and also looking at transferable development rights because they needed to separate land ownership issues from land use issues. He said he understood that the City Commission had the statutory authority for transferable development rights.
Commissioner Schauner agreed. He said having discussions about this issue at the City Commission’s goal setting session and following up with a study session might be an appropriate way to do that.
Commissioner Rundle said the City Commission had touched on this issue numerous times and it was time for action.
Vice Mayor Amyx said there were a lot of times the Commission danced around issues and he applauded the Mayor for bringing up this particular issue.
Mayor Highberger also had a concern with the Southeast Area Plan. He said he was frustrated with the lack of progress on that plan. He said he understood that plan had been discussed at the Planning Commission meeting, but he did not know the results of that discussion.
He recommended that the City look into hiring a consultant to analyze the work that had been done so far, look at proposed maps, and take into consideration the reservations the City and County Commission had and come back with additional maps. He said he was not talking about circumventing any process, but any result, he would like the Planning Commission and the other two Commissions’ approval. It was his understanding that this issue was placed on the back burner on the Planning Commission’s agenda because of other pressing considerations and he would like to move forward with this issue.
He said he would like someone to take a look at this issue from a new urbanism and smart growth perspective. He said allocating some of the area to mixed uses might be a way to meet some of the concerns by the City and County to allow for sufficient employment space and at the same time allow residential use without having overwhelming traffic problems in some of the surrounding areas. He said street connectivity should also be looked at so they could recommend ideas for people coming in and out of that neighborhood.
Commissioner Schauner asked if the Mayor’s thought was to have a fairly broad look at the area to encompass residential, employment, traffic, infrastructures, and proactive activity on the part and/or County.
Mayor Highberger said yes. He said they were still looking at a blob map approach.
Commissioner Schauner asked about a timeline for the consultant to produce a report.
Mayor Highberger suggested 3 months. He envisioned this process to view what had been done already and not necessarily deviating drastically, but something that would work as a compromise for both the City and County Commissions.
Commissioner Schauner asked how was a look at the southeast area consistent with looking at the City’s annexation policy and developing a service delivery model for any newly annexed ground.
Mayor Highberger said he assumed if they went through that process, the southeast area would be in an area that would be likely to come into the city in 3 to 5 years.
Commissioner Schauner said he was trying to figure out which one would get in line first in terms of how they would integrate with one another.
Commissioner Rundle said if this issue was in response to development pressure that raised a yellow light that it was counter to the Mayor’s idea of trying to get a handle on Planning and planned growth. This area would not be ready for development until the Wakarusa Sewage Treatment Plant was on line which was 3 years out. He said it seemed that would give 3 years of planning time. He said there were a number of issues that needed to be researched because there was some uncertainty about how much acreage was going to be needed for economic development; the farm land situation needed to be completely resolved before the City Commission moved too quickly at making decisions on other development sites because it fell through and they had a lot of other sites to slip behind, they would be in a jam. Also, there were considerations such as traffic and transportation issues and the City Commission needed to make sure this issue did not develop in a way that caused traffic to bleed off into other areas. Also, there needed to be southwesterly access for truck traffic. If they could they needed to keep pursuing this idea of getting truck traffic across the river.
The whole issue of affordable housing weighs into this issue too. He said there was indication that this site was a possible place where there would be a lot of low income housing and ran counter to good planning because they should have low income housing mixed in with other uses. He said there was a lot of things put into that study, not just new urbanism and other things.
Vice Mayor Amyx asked if the Mayor was concerned that the development world or economy would plan that area rather than the City Commission.
Mayor Highberger said that was one concern, but another concern was holding up any activity in that area based on planning that entire area. There were some parcels on the edge that were probably ready to move sooner than later because the services were there. He said a large part of that area would not be serviceable until there was further service capacity. He said the City Commission had an obligation to the stakeholders to move faster.
Vice Mayor Amyx said he did not disagree, but he thought there was a lot of healthy comment on which order it should happen.
Mayor Highberger suggested that the City Manager place this issue on an agenda for future discussion and at that point they could decide to move forward.
Commissioner Schauner said he thought those two broad topics were enough agenda to consume the City Commission’s goals setting session. He said they were pretty broad policy questions. Clearly, no one wanted to unduly delay development, but on the other hand, they want to be able to plan for the expanded and increased value of that ground in a way that served the common good as well. He said it was a very important discussion and he would like to see those two pieces as a center piece for their goal setting session in January.
Mayor Highberger said he would take that idea into consideration, but he might ask that issue be placed on the agenda sooner than that.
Commissioner Schauner asked that this issue be discussed during the January goal setting session.
Mayor Highberger said that idea would be taken into consideration.
Mayor Highberger said Commissioner Hack asked that the Mayor bring up the visioning process. He said there was discussion about looking at facilitators or consultants, but that was another issue that needed to be on an agenda. He suggested that item be discussed at the goal setting session retreat.
Moved by Schauner , seconded by Amyx , to adjourn at 7:35p.m. Motion carried unanimously.
APPROVED:
_____________________________
Dennis Highberger, Mayor
ATTEST:
___________________________________
Frank S. Reeb, City Clerk
1. Bid – Three rear load refuse truck to Roy Conley for $306,414.
2. Bid – One roll-off truck to Roy Conley for $87,343.
3. Purchase – Two one ton trucks for Parks & Rec from Shawnee Mission Ford of MACPP bid for $17,129 each totaling $34,258.
4. Purchase – One ½ ton pickup for Parks & Rec from Heritage Dodge off the MACPP bid for $15,753.20
5. Purchase Property – Beckett Ministries Int’l for $10,000 for N Lawrence Pump Station No. 3, 720 Grant St.
6. ITC Training Center – Mechanical Systems Renovation Project to Huxtable for $15,490.
7. Resolution No. 6619 – GOB for Mechanical Systems Renovation Project to Huxtable for $199,680.
8. Ordinance No. 7932 – 1st Read, Bus zones along S side of 15th.
9. Ordinance No. 7944 – 1st Read, “All way stop” Constant Ave & Becker Dr.
10. Ordinance No. 7942 – 2nd Read, Temp Moratorium, building permits until Feb
11. Engineer Design Agreement – 2nd & Locust to TransSystems for $231,822.
12. Resolution No. 6620 – Bond issuance for 2nd & Locust.
13. Resolution 6621 – verifying ROW clearance & utility arrangements & execute KDOT form 1303 (Cert of Real Property Acquisition Procedures)
14. Audit Services – Singleton Web & Wilson.
15. Construction Mgmt services agreement – 6th/Kentucky sanitary sewer lift station improvements.
16. RFQ – Development Review Process Project.
17. Private Street Maintenance – Normandy Park Homeowners Assoc.
18. Rezoning – Z-05-34-05, 1.35 acres from M-2 to RS-2, 200 blk of Perry St. for future agenda.
19. City Manager’s Report.
20. RFP – reuse of Fire Station No. 4 and 5.