September 12, 2006

 

The Board of Commissioners of the City of Lawrence met in regular session at 5:00 p.m., in the City Commission Chambers in City Hall with Mayor Amyx presiding and members Highberger, Hack, Rundle, and Schauner present.

It was then moved by Schauner, seconded by Hack, to recess into joint City/County executive session for 60 minutes to discuss the possible acquisition of real estate.  The justification for the executive session is to keep possible terms and conditions of possible acquisition confidential at this time.  Motion carried unanimously.

The City Commission returned to regular session at 6:00 p.m. at which time it was moved by Hack, seconded by Schauner to extend the executive session for 10 minutes.  Motion carried unanimously.  The Commission recessed for 25 minutes and the regular meeting resumed in the City Commission meeting room at 6:35 p.m.

CONSENT AGENDA

As part of the consent agenda, it was moved by Schauner, seconded by Hack, to approve City Commission meeting minutes from August 29, 2006.

As part of the consent agenda, it was moved by Schauner, seconded by Hack, to approve claims to 320 vendors in the amount of $2,719,384.18.  Motion carried unanimously.          

As part of the consent agenda, it was moved by Schauner, seconded by Hack, to approve the Drinking Establishment License for Louise’s Bar Downtown, 1009 Massachusetts; and, The Hawk, 1340 Ohio.  Motion carried unanimously.

As part of the consent agenda, it was moved by Schauner, seconded by Hack, to approve the purchase of three Motorola MDC Model MW800 (Mobile Data Units) and accessories for the Fire/Medical Department from Motorola (sole source vendor) for $29,364.18.  Motion carried unanimously.                                                                                                                  (1)

Ordinance No. 8033, allowing the temporary sale, possession, and consumption of alcoholic liquor on that section of East 8th Street from Massachusetts Street to New Hampshire Street on October 6, 2006 as part of the Chamber of Commerce’s “Get Downtown”, a live musical event, was read a second time.  As part of the consent agenda, it was moved by Schauner, seconded by Hack, to adopt the ordinance.  Motion carried unanimously.                     (2)

Ordinance No. 8034, establishing stop signs on Stockade Street at Stetson Drive, was read a second time.  As part of the consent agenda, it was moved by Schauner, seconded by Hack, to adopt the ordinance.  Motion carried unanimously.                                                         (3)

Ordinance No. 8035, establishing a 20 mph speed limit on Crestline Drive between Clinton Parkway and Becker Drive, was read a second time.  As part of the consent agenda, it was moved by Schauner, seconded by Hack, to adopt the ordinance.  Motion carried unanimously.                                                                                                                               (4)

Ordinance No. 8036, establishing yield signs at five locations on the University of Kansas Campus, was read a second time.  As part of the consent agenda, it was moved by Schauner, seconded by Hack, to adopt the ordinance.  Motion carried unanimously.               (5)

As part of the consent agenda, it was moved by Schauner, seconded by Hack, to adopt Resolution No. 6681, authorizing the issuance of General Obligation Bonds in the amount of $40,000 for the two pedestrian crossings bid in Project No. 22-CP7-606(c), New Hampshire Street Improvements.  Motion carried unanimously.                                                                               (6)

As part of the consent agenda, it was moved by Schauner, seconded by Hack, to adopt Resolution No. 6682, requesting the Board of County Commissioners of Douglas County find and determine that the annexation of approximately nine acres for pump station #48 will not hinder or prevent the proper growth and development of the area or that of any other incorporated city located within the county.  Motion carried unanimously.                                (7)

As part of the consent agenda, it was moved by Schauner, seconded by Hack, to adopt Resolution No. 6640, establishing October 17th, 2006 as the public hearing date to consider establishing a special assessment benefit district for the improvement of an eastbound deceleration lane and a westbound turn lane at the intersection of East 23rd Street (K-10) & O’Connell Road.  Motion carried unanimously.                                                                    (8)

As part of the consent agenda, it was moved by Schauner, seconded by Hack, approve temporary use of City parking lot, east of the Riverfront Building, for the LEO Center Family Fair on Saturday, September 30, 2006 from 8:00 a.m. to 12:00 p.m.  Motion carried unanimously.                                                                                                                                  (9)

As part of the consent agenda, it was moved by Schauner, seconded by Hack, to authorize the Mayor to execute two agreements for the planned County sanitary sewer benefit district in the southeast area.  The first agreement establishes the terms and conditions for the planned sanitary sewer facilities to be constructed and financed by the County pursuant to the specifications and plans approved by the City.  The second agreement establishes the City’s financial commitments for the project, which includes the de-commissioning of three pump station facilities.  The Commission previously approved the City’s financial participation and the planned improvements on June 13, 2006.  The Douglas County Commission approved these agreements on August 30th, 2006.  Motion carried unanimously.                                            (10)

As part of the consent agenda, it was moved by Schauner, seconded by Hack, to authorize the Mayor to execute a deferred special assessment agreement with Christine Collister for the construction of George Williams Way, from Harvard to West 6th Street.                (11)

As part of the consent agenda, it was moved by Schauner, seconded by Hack, to approve as signs of community interest, vinyl banners, 6 ft. X 3 ft., which state “United Way Helps Here” to be displayed outside of 14 of the United Way member agencies to educate the general public about where United Way funded services are located in the community.  Motion carried unanimously.                                                                                                                        (12)

As part of the consent agenda, it was moved by Schauner, seconded by Hack, to authorize the Mayor to sign a Release of Mortgage for Willie Sevier, 1627 East 18th Terrace.  Motion carried unanimously.                                                                                                               (13)

As part of the consent agenda, it was moved by Schauner, seconded by Hack, to receive staff memo and authorize the issuance of a Request for Proposal for an engineering study to develop a regional Intelligent Transportation System (ITS) Architecture for the Lawrence/Douglas County metropolitan area.  Motion carried unanimously.               (14)     

 

CITY MANAGER’S REPORT:

During the City Manager’s Report, David Corliss, Interim City Manager, said he had an opportunity to attend the International City/County Manager’s Association (ICMA) meeting in San Antonio, in which he would present a report, next week, when discussing energy issues. 

Also, the City’s Grant Team that Jonathan Douglas, City Manager’s Intern, was heading would be reported on next week as well.  He said staff was excited about that project and it was going to be a continual responsibility in the City Manager’s office to review grant opportunities and the City Commission would be receiving additional information.

Finally, he introduced John Miller, the new staff attorney, who came from the City of Olathe, where he was Assistant City Attorney.  He said they had tasked Miller with a number of different items such as regularly attending Planning Commission meetings in which Miller would be responsible for two zoning codes since there were transitional issues with a number of properties.  Miller would also attend the Board of Zoning Appeals meeting and was responsible for the much anticipated rewriting of the City’s Sign Code. 

Miller said he appreciated the opportunity to work for Corliss and was looking forward to working for the City of Lawrence and making Lawrence his home.  He said other tasks included downtown news racks, land development code amendments, impact fee ordinances, and general development policies.  He said he was currently working with Planning Staff on the Salvation Army and Wal-Mart Plan.  He said he was assisting on the plan review process, reports to the Planning Commission, Board of Zoning Appeals, Sign Code Board, and the Historic Resources Commission and had attended some of those meetings since he began working four weeks ago.  It had been enlightening and he appreciated the opportunity.

Corliss said staff was adding a number of text amendments to the zoning code and staff would be reviewing the development policy.

Corliss then introduced Kevin Doyle, Infrastructure Development Coordinator, who had worked for a number of engineering firms and was a professional engineer with a background in architectural engineering. 

He said Doyle was going to be involved in public projects working with development interests, special assessment benefit districts, but also other public projects, like the Carnegie Library renovation as far the ability to work more intelligently with contractors and architects.  He said Doyle would be coordinating the City’s energy audit work and a number of minor projects such as changing rules for sanitary sewer stub-outs in subdivisions that involved Neighborhood Resources and their inspectors, the Utility Department, and their needs, to make sure the sanitary sewer lines were in the right place.

Also, another project was the Fire Sprinkler Incentive Program for downtown.  He said it was a classic example of a silo buster where the Utility Department was involved because it was a waterline, Neighborhood Resources was involved because of requirements for buildings and the Fire/Medical Department had a keen interest in making sure those were installed appropriately and needed to be coordinated with waterline and street overlay work.  He said Doyle had assumed that responsibility to develop that program.  He said Doyle would be drafting the criteria as to which property owners in the downtown area would qualify for that incentive.  He said staff wanted to make sure those rules were explicitly spelled out ahead of time so they knew who would qualify.

Kevin Doyle, City Infrastructure Development Coordinator, said he appreciated the opportunity to work for the City of Lawrence and with Corliss and his staff.  He said obviously development and infrastructure had been a hot button item around the City of Lawrence for a while and he was hoping he could contribute to the solution.                                                   (15)

REGULAR AGENDA ITEMS: 

Conduct bond and note sale.

 

Ed Mullins, Finance Director, briefed the City Commission on bids received for the bond and note sale.  He said they changed the amount of the bond as $17,130,000.00 because of the prepaid specials.  He said staff was disappointed they only received two bids on the note issue, but they had received one good bid, especially based upon the difference between the two bids.  He said regarding the bids for the general obligation bonds, those top four bids were very tight. 

Mayor Amyx asked if the rate on the bids were expected. 

Mullins said yes.  He said the City received good rates and as a reminder, staff was asking the City Commission to declare an emergency and pass that ordinance on first and second reading so those brokers could start selling that paper and would not need to wait another week for second reading.

Moved by Schauner, seconded by Hack to adopt Resolution 6683 authorizing and directing the issuance, sale and delivery of $16,345,000, principal amount of General Obligation Temporary Notes, Series 2006-I.  Motion carried unanimously. 

Moved by Schauner, seconded by Hack, to declare an emergency and adopt, on first and second reading, Ordinance No. 8037, authorizing and providing for the issuance of $17,130,000 principal amount of General Obligation Bonds, Series 2006-A.  Motion carried unanimously.

Moved by Schauner, seconded by Hack, and Resolution 6684, prescribing the form and details of and authorizing and directing the sale and delivery of $17,130,000 principal amount of general obligation bonds, series 2006-A.  Motion carried unanimously.                (16)

Receive staff report on various energy conservation related items.

 

David Corliss, Interim City Manager, presented the staff report that covered a number of energy related, environmental protection and sustainability items.  He said he received information from a conference where a number of communities around the country had engaged an Environmental Management System Development where they were looking at this issue more comprehensively and holistically.  He said the Environmental Protection Agency had an EMS program which was not Emergency Medical Service, but as essentially a Management System for the Environment where communities were challenged and then rated on their ability to employ best practices to ensure they had the best sustainable methods in their communities and he wanted to pursue that practice.  He said there were a number of universities that had groups that could help communities in that area.  He said what was seen was a collection of items and some of those items spoke to a certain aspect of environment and sustainability, whether it was vehicles, buildings, or how they purchased energy they used in City facilities and he thought it made sense to look at it.  He said he was not trying to diminish the work they were doing, but he thought they wanted to better present it and also challenge themselves to be ranked accordingly.  The National Plug-In Partner Campaign would be brought forward with a resolution of support and essentially following through on a number of those things where the City could be a partner in that campaign.  He said the campaign had the support of the advisory board and staff thought it was appropriate to proceed.

            He said then Mayor Highberger signed the Climate Protection Agreement and the Public Works Department was looking at that agreement to see if they were following through because that was a commitment staff made. He said the Commission was familiar with the LEADS issue as they looked at new buildings; they wanted to go back and look at all of their facilities that went into the energy audit.

            He said they were going to get briefed on the Green Tag Program by the Bowersock Facility to see exactly what that meant.  Staff wanted to be wise in their financial commitments in this area, but also thought staff had an opportunity to show leadership. 

            He said the final item was the energy audit in which he learned quite a bit about that audit at the conference where as part of the EMS program, communities could be more rigorous in their energy audit, whether it was start up time for vehicles and how long they needed to idle, or energy use and lighting in any number of different buildings.  He said the City was a large energy user in the Utility Department and spent approximately a half million dollars a year on street lights.  He said staff wanted to make sure they were following the best practices and thought they needed to look at it more holistically.  He said it was one of Doyle’s programs that he could directly report to the City Manager’s office to ensure there was fidelity to those commitments they were making and Doyle would have the technical background to be able to work in and out of those things, but the departments needed to own that as well because they needed to understand they were being evaluated on their genuineness to following through on those things.

            He said those were the items they were willing to proceed on unless the City Commission had general questions, but he was particularly interested in direction the City Commission had on how they wanted staff to proceed. He said there were a number of partners in the community they wanted to bring along and at the forefront, needed to be the Recycling and Resource Conservation Advisory Board because they had indicated an interest in this issue.  He said there were a number of items that were not mentioned such as adopting the energy code, being rigorous in looking at new vehicles the City bought and whether or not the City could be more energy efficient. 

He said Cliff Galante, Public Transit Administrator, was participating and learning about energy alternatives in the bus systems.  He said it was a balance and not all the best energy or environmental practices were necessarily the cheapest, so staff had to balance which choices needed to be made.

Mayor Amyx asked about the energy audit and if Corliss had a time frame other than closer to the near future.

Corliss said staff wanted to start talking to vendors, this fall, in seeing what those vendors could do and whether or not staff wanted to look at it from an entire organization.  He said he thought it was more likely staff wanted to start off looking at a large energy user, like the Utility Department, and perhaps having a consultant on board after staff had gone through a process of selecting the best consultant to tell staff how they could save in that department and learn what staff could do and if there were best practices and staff could take from that experience.  He said they needed to be true to some of the other commitments staff had as well.  He said he was thinking this fall staff would seek to retain a consultant that would help them on a project.  He said he did not think it would be a large scale project at first.     

Commissioner Schauner asked if KU had done any work in terms of energy conservation on their plant operation.

Corliss said that was one of the things he wanted to learn about.  He said he knew the school district had been more aggressive.  He said when he was on the Hospital Board, their Facilities Manager was nationally recognized in his profession as far as attention to energy items.  He said he knew they had a lot of community resources that could be tapped.

Commissioner Schauner said one of the things that struck him that might be important was to frame this energy management issue with an easy to identify slogan or character to find someway to brand the activity and perhaps even have an awards system for local businesses that also stepped up to the bar on either energy consumption or institution of energy saving devices.  He said he noticed they had at least one Prius in the City’s fleet.  He said in his trips out to one of the local car dealers where that vehicle was purchased, he asked why that type of car was there and he was told that vehicle was not driven enough to keep the battery charged. 

Corliss said he thought that was one of the questions he had when the City made vehicle purchases, was if that vehicle would work.  He said the vehicle issue was not just an energy question, but an efficiency question of tax and rate dollars as well.

Commissioner Highberger thanked staff for following through on some of those issues regarding energy conservation.  He said he wanted to move forward on the Plug-In, but he was not sure how much resources the City needed to spend on reaching out to other people.  He said he thought the City’s commitment was very important and appreciated staff’s work on the production agreement and thought Lawrence should be a leader in this area.  He said the energy code was another thing he would like to see them move forward on.  He said he would really like to discuss broadening the mandate of the City’s Recycling Resource Conservation Advisory Board and maybe giving them a more pronounceable name.  He said he was going to attend the meeting tomorrow and thought they were on the agenda to discuss that issue.  He said he really wanted to make it clear they had the authority and mandate to research and bring forward improvements in all areas of environmental protection and energy conservation.

Corliss said he thought that would be helpful direction for staff as well.

Vice Mayor Hack said she thought there were some natural partners they had used and agreed they might not live by example, but she did not think it would hurt to bring in the Lawrence Association of Neighborhoods and certainly civics clubs finding out about this.  She said they could be leaders, but she encouraged others to follow.

Commissioner Highberger said his only concern was overworking the City’s current staff.  He said at this point, they had to prioritize.

Mayor Amyx called for public comment.

Sven Alstrom, local Architect, and President of Ecological Architecture, said some of his friends encouraged him to come and say thank you for stepping forward for Lawrence with the Climate Protection Agreement and also joining the U.S. Green Building Council for Public Buildings.  He said there was the upcoming Carnegie Addition and he felt it was great that the City, City staff, and City Commission members were partaking in this endeavor.  He said it needed to happen and was an affirmation of how  things needed to be done since the year 2000. 

He said as a member of HRC, in his third year, there was an issue of sustainability within promoting saving historic structures which involved housing issues. 

He said the U.S. Green Building Council mostly permits the LEAD program, which was great, but it was more of a top-down approach for primarily commercial buildings.  He said there were other organizations using Green Globes Software, which was approved and applied over the residential sector.  He said while he was encouraging everything the City was stepping into, they would also like to see Lawrence encourage the private sector in residential building to also adopt green standards. 

Moved by Schauner, seconded by Highberger to receive the staff report.  Motion carried unanimously.                                                                                                                            (17)

 

 

 

Receive staff report on federal issues for October trip to Washington, D.C.

 

David Corliss, Interim City Manager/Legal Services Director, presented the staff report.   He said staff’s memorandum indicated a number of issues that staff identified as items to be discussed as a City.  He said staff had partners in their trip to Washington D.C., which were Douglas County and the Chamber of Commerce, and wanted to include their items as well.  He said his thinking was they would put narrative to those items and other items the City Commission wanted to direct staff to discuss and put together something that would represent the entire Lawrence community. 

            He said one of the reasons why he asked Cliff Galante, City’s Transit Administrator, to participate was because of Galante’s expertise in the area of transit funding which was amazing and had been successful not only in Lawrence, but other jurisdictions.  He said one of the items that staff identified was that in their previous earmarks they received through federal legislation that in some cases, the earmarks had been for a bus maintenance facility and sometimes they had been for busses.  He said one of the items that Galante had identified was to try and get the earmarks to essentially have both of those items to give the City the maximum flexibility.  He said if the City Commission’s decision was they wanted to use all of those previous earmarks to fund busses, they would have that flexibility if it was the Commission’s decision they wanted to pursue a bus maintenance facility they would have that flexibility.  He said he would like some direction from the Commission if that was acceptable in the language. 

Commissioner Schauner asked if it was going to trigger any additional “look-see” at the prior earmarks.

Corliss said some of the prior earmarks staff might want to have those earmarks altered.  He said those earmarks could be altered even at a non-legislative level.  He said the Congressman that sponsored the earmark indicated that flexibility was allowed.  He said he was trying to maximize the Commission’s flexibility.  He said the City Commission needed to make the decisions on whether or not they wanted to spend that earmarked money on a bus facility or busses.  He said that decision should be the City Commission’s call.   

Commissioner Schauner said there was discussion in the newspaper about electric bus project and he did not know how realistic it was to think about that type of project, but if City had that type of a project, he asked if a bus maintenance facility made that project more feasible because of the necessary plug-ins and all the other things that went with that type of a project. 

Corliss said he did not know if staff knew enough about that type of project.  He said Galante was learning about those types of facilities and there was demonstration money that might be available for those types of facilities as opposed to more traditional facilities and busses.  He said if the Commission desired staff could place that issue as an action item on a future consent agenda to make that clear for all future earmarks, if that was a Commission direction.

Mayor Amyx said he thought placing that issue as a future action item on a consent agenda was a good idea, but going into this trip, the City needed to provide some type of direction at this point, to discuss with their legislative delegation.  He said he thought the City Commission should have the flexibility of being able to decide how the funds would be used locally.

Corliss said whether it was busses and/or bus facilities, they still needed to meet all federal regulations and had to be for transit type uses.

Commissioner Schauner said one thing helpful would be to have two or three talking points for whatever topics they were going to visit about so they were all singing from the same hymnal and they would make a more effective use of the limited time they had with staff people.

Vice Mayor Hack said when the City Commission had gone to the League of Cities, staff had done a great job in preparing what they wanted to discuss and were very professional.  She said she had talked with Karen Swisher, Haskell University President, about the funding situation at Haskell and she thought in consideration to how important that institution was to the City of Lawrence, every time they took funds away, Haskell had difficulties attracting and then maintaining the educational program for those students.  She said to the extent the City Commission could influence that issue, she thought it was an important piece to add. 

Corliss said they had some time for this issue, but not a lot of time.  He said as soon as the City Commission indicated if they wanted to pursue the trip, staff would start highlighting those issues and would work on the presentation piece.  He said when talking to legislatures and staff, it would be good to talk about education and what was happening in Lawrence generally.  He said staff could list those issues about where the City was and other things that were happening as far as changes in Lawrence were valuable as well.

He said one question was if the Commissioners knew for sure whether or not they were going to take that trip so staff could make arrangements in the next coming days as far as hotel and travel.  He said those dates were October 15th  - 17th and staff’s thinking was to leave in the morning or early afternoon on Sunday, October 15th and then plan Monday to be a full day up at the Hill and come back on October 17th in time for what would be guaranteed as a light City Commission meeting.  He said that was his thinking, but staff could take direction on that thinking. 

He said he would be meeting with the Chamber on those items and the County as well later that week to try and harmonize a document.   He said staff would probably take the lead in the preparation of the document they wanted to use to speak as one community. 

Moved by Hack, seconded by Schauner to receive the staff report with the addition of adding the item of funding for Haskell Indian Nations University.  Motion carried unanimously. 

                                                                                                                                                    (18)

PUBLIC COMMENT:

 

Sven Alstrom said he would like to thank Vice Mayor Hack for her comments about Haskell.  He said last year he had some conversations with Judy Billings about the film festival at Haskell and as well as plans for a Lawrence Film Festival.  He said he thought it was crucial that Haskell receive more money to be able to continue to tell their story and that was particular true with their film program.  He said without discussing it with Billings, he was sure she would encourage the City Commission pursue that issue of Haskell and was very glad they focused on that issue.    

     (19)

 

FUTURE AGENDA ITEMS:

 

09/19/06

Continued discussion of retail marketing analysis items

 

09/26/06

Commissioner Rundle will be absent from the meeting, but can participate through teleconference if necessary.

 

10/03/06

Commissioner Rundle will be absent from the meeting, but can participate through teleconference if necessary.

 

Vice-Mayor Hack will be absent from the meeting, but can participate through teleconference if necessary.

 

TBD

Future land use items include:

  • The 800 Penn. Block;
  • Receiving recommendations from the Planning Commission on 6th and Wakarusa (Wal-mart) proposed development;
  • Salvation Army site plan and rezoning; and
  • The unincorporated subdivision regulations.

 

                                                                                                                                         (20)

 

COMMISSION ITEMS:

            Moved by Schauner, seconded by Hack, to adjourn at 7:15 p.m.  Motion carried unanimously.                                                                                                                                          (21)

                                                                                                           

APPROVED                                                                _____________________________

Mike Amyx, Mayor

ATTEST:

 

___________________________________                                                                        

Frank S. Reeb, City Clerk

 


CITY COMMISSION MEETING OF SEPTEMBER 12, 2006

 

1.                Bid- Purchase of 3 Mobile Data Units and Accessories from Motorola.

 

2.                Ordinance No. 8033- 2nd and Final Read, temporary sale, possession, and consumption of alcoholic liquor on section of east 8th Street on Oct. 6, 2006 for “Get Downtown” event.

 

3.                Ordinance No. 8034- 2nd and Final Read, stop signs on Stockade Street at Stetson Drive.

 

4.                Ordinance No. 8035- 2nd and Final Read, 20 mph speed limit on Crestline Drive between Clinton Parkway and Becker Drive.

 

5.                Ordinance No. 8036- 2nd and Final Read, yield signs at 5 locations on KU Campus.

 

6.                Resolution No. 6681- Authorizing issuance of General Obligation Bonds in the amount of $40,000 for two pedestrian crossings bid in Project No. 22-CP7-606(C).

 

7.                Resolutions No. 6682- Board of County Commissioners of Douglas County find the annexation of 9 acres for pump station #48 will not hinder growth or development in that area.

 

8.                Resolution No. 6640- Establishing October 17, 2006 as public hearing date to consider establishing a special assessment benefit district for the improvement of an eastbound deceleration lane and westbound turn lane at East 23rd Street and O’Connell Road.

 

9.                Temporary use of parking lot for LEO Center Family Fair on September 30th.

 

10.            Authorize Mayor to execute two agreements for the planned County sanitary sewer benefit district in the southeast area.

 

11.            Authorize Mayor to execute a deferred special assessment agreement with Christine Collister for construction of George Williams Way, from Harvard to West 6th Street.

 

12.            Approve as signs of community interest, vinyl banners for United Way.

 

13.            Authorize Mayor to sign a Release of Mortgage for Willie Sevier, 1627 E. 18th Terrace.

 

14.            Authorize issuance of a Request for Proposal for an engineering study to develop a regional Intelligent Transportation System (ITS) Architecture.

 

15.            City Manager’s Report.

 

16.            Conduct bond and note sale.

 

17.            Receive staff report on various energy conservation related items.

 

18.            Receive staff report on federal issues for October trip to Washington D.C.

 

19.            Public Comment.

 

20.            Future Agenda Items.

 

21.            Commission Items.