July 17, 2007
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 Hack presiding and members Amyx, Chestnut and Highberger present. Vice Mayor Dever was absent.
CONSENT AGENDA
As part of the consent agenda, it was moved by Chestnut, seconded by Amyx, to approve the Traffic Safety Commission meeting minutes of July 2, 2007. Motion carried unanimously.
As part of the consent agenda, it was moved by Chestnut, seconded by Amyx, to receive the second quarter report for Downtown Lawrence, Inc. Motion carried unanimously.
As part of the consent agenda, it was moved by Chestnut, seconded by Amyx, to approve claims to 509 vendors in the amount of $1,750,189.21. Motion carried unanimously.
As part of the consent agenda, it was moved by Chestnut, seconded by Amyx, to approve the Drinking Establishment License for Rick’s Place, 846 Illinois Street, Ste. F; and the Retail Liquor License to Cork & Barrel, 2000 West 23rd Street. Motion carried unanimously.
The City Commission reviewed the bids for one (1) walk behind concrete saw for the Utilities Department. The bids were:
BIDDER BID AMOUNT
United Rentals $15,662.23
Untied Rentals, Alternate $16,593.18
White Star $15,715.00
White Star, Alternate $16,265.00
White Star, Alternate 2 $17,475.00
Halco $17,383.00
As part of the consent agenda, it was moved by Chestnut, seconded by Amyx, to award the bid to United Rentals, in the amount of $15,662.23. Motion carried unanimously. (1)
As part of the consent agenda, it was moved by Chestnut, seconded by Amyx, to award lump sum contract in the amount of $682,413.78 to R.D. Johnson Excavating, Inc. for Oregon Trail Park Benefit District Improvements. Motion carried unanimously. (2)
As part of the consent agenda, it was moved by Chestnut, seconded by Amyx, to award contract in the amount of $57,497.57 to R.D. Johnson Excavating, Inc. for pavement replacement on 4th Street, Michigan to Maine. Motion carried unanimously. (3)
As part of the consent agenda, it was moved by Chestnut, seconded by Amyx, to authorize the City Manager to execute a contract with Kansas Engineering for the instrumentation and control engineering services in support of the City supplied supervisory control and data acquisition system as part of the Clinton Water Treatment Plant Phase II Expansion, in an amount not to exceed $100,000. Motion carried unanimously. (4)
As part of the consent agenda, it was moved by Chestnut, seconded by Amyx, to authorize the City manager to execute a preliminary design-build contract with the CAS Construction/Professional Engineering Consultants design-build team in the amount of $315,000 for the preliminary Design and submission of a guaranteed maximum price for the construction of the West Baldwin Creek Sanitary Sewer Interceptor projects as directed by the City Commission on April 17, 2007. Motion carried unanimously. (5)
As part of the consent agenda, it was moved by Chestnut, seconded by Amyx, to approve replacement of utility payment processing hardware to NCR for $23,887. Motion carried unanimously. (6)
As part of the consent agenda, it was moved by Chestnut, seconded by Amyx, to authorize advertisement of a Request for Proposals for Investment Advisory Services. Motion carried unanimously. (7)
As part of the consent agenda, it was moved by Chestnut, seconded by Amyx, to place on first reading Ordinance No. 7923 rezoning approximately 12.465 acres from UR (Urban Reserve) to RM12 (Multi-Dwelling Residential) property located at the SE Corner of Wakarusa Drive and Eisenhower Drive, Glenwood Addition. Motion carried unanimously. (8)
Ordinance No. 8126, providing for court costs for supervised probation, fingerprinting, and incarceration, amending Section 12-105 of the City Code, was read a second time. As part of the consent agenda, it was moved by Chestnut, seconded by Amyx, to adopt the ordinance. Aye: Hack, Dever, Amyx, Highberger, and Chestnut. Nay: None. Motion carried unanimously. (9)
Ordinance No. 8127, removing the Yield signs on Ponderosa Drive at 24th Street and install stop signs, if appropriate, was read a second time. As part of the consent agenda, it was moved by Chestnut, seconded by Amyx, to adopt the ordinance. Aye: Hack, Dever, Amyx, Highberger, and Chestnut. Nay: None. Motion carried unanimously. (10)
Ordinance No. 8121, establishing the maximum assessments for the improvements at K-10 and O’Connell Road, specifically the construction of a left-turn lane for westbound and right-turn lane for eastbound K-10 traffic at O’Connell Road, was read a second time. As part of the consent agenda, it was moved by Chestnut, seconded by Amyx, to adopt the ordinance. Aye: Hack, Dever, Amyx, Highberger, and Chestnut. Nay: None. Motion carried unanimously.
(11)
As part of the consent agenda, it was moved by Chestnut, seconded by Amyx, to adopt Resolution No. 6729, authorizing the initiation of condemnation proceedings to acquire needed property interests for the construction of Stoneridge Drive, south of West 6th Street. Motion carried unanimously. (12)
As part of the consent agenda, it was moved by Chestnut, seconded by Amyx, to adopt Resolution No. 6728 authorizing the issuance of General Obligation Bonds for sidewalk improvements and traffic calming devices. Motion carried unanimously. (13)
As part of the consent agenda, it was moved by Chestnut, seconded by Amyx, approve amendments to Chapter 20, Development Code for TA-05-09-07 to correct inconsistencies since adopted. Motion carried unanimously. (14)
As part of the consent agenda, it was moved by Chestnut, seconded by Amyx, to approve unanimous recommendation from the Traffic Safety Commission to deny request for an “all-way stop” at intersection of 7th Street and Lyon Street. Motion carried unanimously. (15)
As part of the consent agenda, it was moved by Chestnut, seconded by Amyx, to approve recommended discount transit system pass program for the University of Kansas for the period of August 1, 2007, through July 31, 2008. Motion carried unanimously. (16)
As part of the consent agenda, it was moved by Chestnut, seconded by Amyx, to authorize the Mayor to sign Releases of Mortgage for Roxanna and David Jones, 501 North 2nd Street; Theo Penny, 1636 West 19th Terrace; and Alice Hart, 1900 West 3rd Street. Motion carried unanimously. (17)
CITY MANAGER’S REPORT:
During the City Manager’s Report, David Corliss said the stormwater project at 11th and Illinois was completed; construction was progressing at the Sesquicentennial Point project near the Corp property near Clinton Dam; and, most of the work was completed on the downtown water line project and Massachusetts Street was opened and ready for business.
Mayor Hack asked staff about the timetable for the mill and overlay on Massachusetts Street.
Corliss said milling and overlaying would not be done this year which was a decision made in the spring when staff knew the mill and overlay, if it waited until the end of this project, would likely move into a busier time for downtown into August. He said at the suggestion of downtown merchants the bidding of the project next year would occur roughly in the early part of July which the merchants indicated was a slower period. Staff would also be working with the contractor to see how much work could be accomplished in the evening which was a preference sometimes for a contractor.
Commissioner Amyx said regarding the waterline, it was great to have that project move quickly in time for the sidewalk sale. He also mentioned there would be free rides on the “T” to downtown on the day of the Sidewalk Sale. (18)
REGULAR AGENDA ITEMS:
Consider recommendation from the Traffic Safety Commission to establish NO PARKING along the east side of Wisconsin Street between 6th Street and 7th Street.
Chuck Soules, Public Works Director, presented the staff report. He said a concern was brought to the Traffic Safety Commission regarding parking occurring along both sides of Wisconsin Street. The TSC voted 6-1 recommending approval of establishing “no parking” along the east side of Wisconsin between 6th and 7th Streets. He said the owner of Custom Highline sent an email to the City Commission indicating concerns about the proposed “no parking” along that area.
Commissioner Highberger said he understood that no one was present to support that request at the Traffic Safety Commission meeting.
Soules said the person who made the request was not in attendance.
Commissioner Chestnut said he had a chance to discuss the issue with Zarif Haque, owner of Custom Highline. He said Haque purchased a building on 6th Street and invested a significant amount of money in his business. He said according to Haque street parking was discussed and he was told that area was unrestricted.
Also, he said a comment was made in making sure there were no untagged cars on the street which was based on a drive through by the Police Department, but rectified by Haque immediately. He said Haque did not understand what the process was and thought the Commission was in favor of the “no parking” in that area. He said Haque would prefer not to lose that parking, but was also open to discussing other options. He said part of the concern was if Haque stretched further along the road, then he would suffer some vandalism and other problems, the further parking was away from his property.
Commissioner Chestnut said he had an issue with the “no parking” request because Haque put in a lot of money into his business and Haque was moving forward with the understanding parking was not an issue. He said he understood the City Commission had the right to change the parking situation by ordinance at anytime, but he was not sure there was enough dialogue, in this case, to come up with an amicable solution.
Commissioner Amyx asked Commissioner Chestnut if those cars that were parked on the street were part of Haque’s sales.
Commissioner Chestnut said he was not just selling cars on the lot, but sales on ebay. The lot did not have the capacity for his inventory. Most of the cars on the street were Haque’s employees and cars that were waiting to be detailed.
Again, he said Haque stated he had discussed the parking issue with someone from the City and was told as long his cars were tagged, it was public parking.
Commissioner Amyx asked if there were any problems with emergency vehicles getting through along that street.
David Corliss, City Manager, said there was also the 48 hour parking regulation as well.
Commissioner Amyx said since the individual who made the request regarding “no parking” in that area was not present, he suggested the City Commission deny the recommendation. He said as long as the 48 hour regulation was followed he did not see a problem and thought the City could work with the owner to rectify any problems that might come up.
Mayor Hack said it seemed the business owner was willing to make accommodations and was not supportive of someone making a recommendation and not showing up to discuss the issue. She supported the denial of the ordinance.
Commissioner Highberger said he did not like to take away street parking unless there was a good reason. He said on street parking provided additional parking and it slowed down traffic in general. In absence of any evidence of a problem, he did not see good reason to take parking away.
Moved by Amyx, seconded by Chestnut, to deny adoption of Ordinance 8130, which would have established no parking along the east side of Wisconsin between 6th Street and 7th Street. Motion carried unanimously. (19)
Receive request from the University of Kansas to build a boathouse in Burcham Park.
David Corliss, City Manager, presented the staff report. He said staff had been in discussions with representatives from the University of Kansas Athletic Department, over the past several months regarding an exciting proposal of building a boathouse in Burcham Park. The Athletic Department currently used a portion of Burcham for the storage of crew boats that were used by the crew team and they had spent several months and resources in working up the documents for the City Commission to review.
The reason this issue was on the City Commission’s agenda was in addition to the land use regulations, staff was acting on the City’s ownership of that property and wanted to know the Commission’s desire to proceed with some type of long-term lease whereby the University would enter into a lease agreement with the City for the use of that property for the boathouse.
Andrew Pitts, Treanor Architects, said the rowing team had been working out of the Burcham Park site for approximately 25 years which was a fenced in area that housed the shells for the rowing team. He said they were looking at a variety of site issues that needed to be addressed. One issue was a 2,000 meter race course and locating that specific race course on the Kansas River within the confines of the City or the County was very difficult because of that dimension and constant levels of the river to have adequate rowing. He said this area had been the optimum site for the University of Kansas for a long time. The proposed site was just to the north of the existing fenced in area and sat back inside the tree line. The rowing course began at Riverfront Park and finished north of the inlets of the water district.
Another issue was the proposed boathouse was adjacent to the river and in the floodway which was more stringent than the floodplain in which they sometimes had to deal with and some of the restrictions from City Code and Zoning Ordinance that came along with the floodway. He said the boathouse would be located adjacent to the river approximately 60 to 75 feet away from the actual bank.
He said they looked at alternative locations throughout the process along with the University for numerous years. If they were to move the site from Burcham Park, they would want to locate the site outside of the floodway and would be in the floodplain, a much less restrictive building area. The only optimum area would be a tree covered grassy area across on the northeast side of the river. To gain access without creating additional crossing from the railroad and/or access from the levee and the Corps, they would access it from Riverfront Park and need to travel down the floodway into that area. To be able to access that area, that way, would require a significant investment upon the University of Kansas with purchasing private ownership of land at that location and with the environmental impact, a significant area would need to be cleared which was currently a natural area adjacent to the river and they felt it was not a practical solution for that project.
As they looked at the project within Burcham Park, the areas were located north of the existing boat storage and there was an existing parking lot the crew members used on a daily basis during training. He said their regatta events happened three times a year and they coordinate with the VFW to use their land and zone the area to be blocked off for “no parking” which was an optimum site for those regattas because of the adjacent parking area. He said they would be extending and improving the area to the north of the parking lot all the way to the existing docks.
He said they looked at how to place the building in the park and recognized the magnificent views to the north from that park and did not want that building to impede those views. He said they were proposing pulling the building closer toward the trees and not in the park. That placement would be optimum for not only the crew team, because they would have an area in front where they could bring the boats out, but also for the City and the users in the park itself.
He said they looked at different locations and chose that spot because of how the sun impacted that location. In the fall when it was hot it would be shaded in the afternoon and in the mornings in the spring time when it was cooler, the sun would warm it up, which would be a more optimal place for those members. They also tried to minimize the impact on the existing vegetation and recognized the area had quite a few significant cottonwood trees and had been working with Parks and Recreation to continue to minimize that impact on that vegetation.
He said the floor plan itself was basically two stories. The first floor was completely for boat storage. They recognized this building would flood. The building would have flood vents on the north side of the building that allowed water to come into the building, flow through it, but be able to open up the doors once the water receded and clean it out. It was the practice and would continue to be the practice of the rowing team to remove any of the items on the first floor prior to any flood event. The last time they had the flood event, the rowing coach, was able to get the shells out prior to the flooding and before the park closed. Parks and Recreation controlled the gates, so no team member or staff would enter that area until it was opened again from the City. The University and Kansas Athletics would be in charge of cleaning out the building itself after any type of event. The first floor from the second floor was about 16 feet and the flood elevation in that area was below 8 feet, so there would not be any possibility of the second floor getting flooded with a typical hundred year flood in that area.
He said the second floor, the front half of that building, was open for the team area where they would be able to have meetings, rowing machines for members to practice, locker rooms for the team, and locker rooms for the crew sport, the University of Kansas and also the potential for the community rowing program. He said they talked with Parks and Recreation about working as a partnership between Kansas Athletics and Parks and Recreation and developing that program in the community. He said he looked at the Comprehensive Master Plan for Parks and Recreation that was developed a few years ago and one of the highlights for Burcham Park was the need to develop partnerships for this park and this was an excellent opportunity to continue that relationship and develop in that park.
He said they would develop a building that was very durable and would take the impact of the flood and water. It was going to be a cast in place building from the second floor down. He said they realized the ground around it did not have the substantial nature to support the building, so the building would be supported on bedrock. They would be prepared to have the impact of the flood. The flood vents would take the pressure off the building and allow that building to be at that location. The upper story had a glass box on the front half which would show the wonderful views to the northeast. From I-70 people would be able to see their building as it glowed.
He said they talked to the Pinckney Neighborhood Association about a month ago and they were very excited about having this project in the park. They were encouraged about the development the University would be supporting the development in the park and had an ongoing relationship with the crew team and welcomed that relationship to be continued in Burcham Park.
He said they had a number of approvals and review processes they needed to go through. They talked with the Corps of Engineers and based upon the current location the Corp deemed a permit for this project was not required. They talked with the Kansas State Historical Society and they had no objection to this project. They worked with the Department of Wildlife and Parks and there were no critical habitats within the area or the river they were concerned about. The Division of Water Resources was not going to require permits with this project based upon its current design. They had been through the Historic Resources Commission and had their approval based upon some of their standard conditions. He said without an official review process they met with the Pinckney Neighborhood Association and were very encouraged with their support of this project.
He said some of the upcoming review processes would be talking with the Kansas Department of Health and Environment because this was obviously adjacent to the water intake for the water plant on Indiana and would be very cognizant on how they handled their sanitary sewer. They were going to double line it and would be closed on the parks side and open as it went beyond the railroad tracks so it would not have any impact on the water for the City. They had a Board of Zoning Appeals process that was scheduled on August 2nd to talk about some minor issues such as curbs and gutter, but the bigger issue was building in the floodway and having their variance for that floodway. They had been through some of the issues for creating a hardship and welcomed any questions the City Commission might have. He said they had a typical site plan submittal process that would be through a special use permit they were working through with the Planning Commission and the typical building permit process. They had a draft lease agreement between the University of Kansas, Kansas Athletics, and the City of Lawrence that had been presented for discussion and for City Commission recommendation.
Commissioner Amyx asked about the existing boat storage.
Pitts said their plan, right now, was to remove that existing boat storage. They had looked at how that existing fence impacted the water when the river rose. That fence acted almost identical to what the new building would act so they were looking at removing that fence and using the building similarly. Parks and Recreation had some discussions about using that space for some of their potential activities, but not the fence itself.
Commissioner Amyx said he understood the building would be roughly 113 feet by 165 feet.
Pitts said it was 80 feet deep and about 65 feet wide. The boats shells were 60 feet long.
Commissioner Highberger asked if there had been some discussion about possible public uses for the facility.
Pitts said they had some initial discussions with Parks and Recreation and Kansas Athletics had been opened to those discussions. From the rowing team’s perspective, they would welcome bringing members of the Lawrence community up into rowing and then into the team itself. The rowing team was the largest women’s sport at the University of Kansas and they were always looking to build more members.
Mayor Hack called for public comment.
Warren Corman, University Architect and Assistant to the Chancellor, said he had been working on this project nine years. He said he wanted to say something that would be meaningful to the group and happened on to a 1924 yearbook in his library which read: “The dedication of this yearbook is to the City of Lawrence whose history and traditions are inseparably linked with those of the University of Kansas and whose image is a vivid part of the memories of our college days. We dedicate this, the 1924 Jayhawker, to the City of Lawrence.” He said he thought 84 years later, the dedication was still true. The City and University were inseparable and depended on each other. He said more than 25,000 students at KU had pledged $3 million toward this project and the Kansas Athletics Incorporated had matched that with another $3 million. He said it was so important they did this because every University in the United States had to comply with Title IX and had to match the quality of the men’s athletic facilities with the quality of the women’s. He said that was a federal law and the threat was if they did not, they could lose all their federal grants at the University. He said Pitts had done a wonderful job putting this proposal together.
Commissioner Chestnut asked if there was any other facility like this around the country. He said it was a unique structure and was designed very creatively.
Corman said the rowing coach had been to all of those boathouses with his crew such as Princeton and Philadelphia which were $20 – $30 million projects years ago. The University hired a good local architect, Treanor and Associates, and in turn Treanor hired one of the best consultants in the United States that handled only rowing boathouses, from the East Coast and they did a lot of the design work. Only three schools out of the Big 12 had Women’s Rowing as a varsity sport.
Steven Maynard-Moody, Faculty Adviser of the Crew Team, said he strongly urged support of the project. He said there were at least three major goals the City could accomplish with this project. This was a rare opportunity where major improvements could be done to the City of Lawrence without spending a dime. He said this was River City and there were other consultants that suggested making the riverfront more present in the community and this project could be an anchor for that process and could be a major connection to the City to the river.
He said the surrounding neighbors to Burcham Park and the Pinckney Neighborhood did not go to that park because of safety issues. Improved safety could be done through police presence, but the biggest way to improve safety in a park was to get activity into that park so they could greatly increase that activity.
It was also true there were great opportunities for recreation for youth and adults. Rowing was a life long sport. They had vital programs in Topeka and Kansas City that involved Junior Rowers, which was the term for high school rowers, many of whom competed nationally and then go on to college scholarships which could feed into that project. It was an opportunity to increase the recreational and sport opportunities in a natural environment downtown. He said just about every boathouse in the world was built in the floodplain. He said they did not carry those boats two miles to the river and did not pop them on top of a car and go somewhere.
Commissioner Amyx said the City was fortunate to have young people on the row team attend the University of Kansas. Not only did those students represent the University of Kansas when attending the various regattas, but also the City of Lawrence. He said the City was also fortunate to have a group of people behind those students working in partnership to make this boathouse a dream for generations to come. He said this project could anchor the riverfront when looking into the future with those types of improvements.
Mayor Hack said rowing was an incredibly beautiful sport and the students deserved that kind of facility because of how hard they worked. She said an awesome firm was picked to help design a beautiful building and it was going to be an exciting addition to the City of Lawrence. She said the safety issue was something she had not thought about, but was certainly true that with more desirable activity, there was less activity that was undesirable and that would be a compliment to this entire community. She said the partnership aspect of this project had an untapped resource for a lot of the young people in Lawrence and appreciated that very much. She could not add anything to what Commissioner Amyx said about how proud the City was to have the row team in Lawrence and were glad those students were part of this community. She supported the City Manager working toward those lease agreements.
Commissioner Chestnut said this was where the relationship between Lawrence and the University put them in a unique spot to create some economic development and other things that other communities did not have. When talking about competing against other communities, Lawrence would have a diamond that sat on the hill that differentiated this City from surrounding communities. There were not a lot of crew teams around and it was something that put the City apart. He said he was excited about this project.
Moved by Highberger, seconded by Chestnut, to authorize the City Manager to enter into lease agreements with the University of Kansas subject to appropriate land use approvals. Motion carried unanimously. (20) PUBLIC COMMENT:
Hubbard Collingsworth, Lawrence, said he was in favor of backing the rowers on the Kaw because decades ago he participated in several mini expeditions up and down the Kaw on a canoe.
Also, he said the Commission received the second quarter report from Downtown Lawrence, Inc. and Bert Nash Community Outreach Specialist, which the City graciously supplied funding. He asked if the City Commission received a report from HMIS, (Homeless Management Information Services).
Mayor Hack said she was not aware if the Commission had received that particular report. She said Margene Swarts, Community Development Manager, would keep the Commission informed. (21)
FUTURE AGENDA ITEMS:
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7/24/07 |
● Receive public comments concerning 2008 budget issues and direct staff on the publication of the notice for the August 8 public hearing on the 2008 budget (The property tax mill levy can be decreased at the August 7 public hearing but it can not be increased.) ● Request from Thomas Fritzel concerning downtown redevelopment opportunities
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7/31/07 |
● No City Commission meeting (5th Tuesday)
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8/7/07 |
● 2008 Budget Hearing and adoption of 2008 budget
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8/14/07 |
● Special Use Permit information for Alcohol Establishments and Entertainment Venue Ordinance.
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(22)
Moved by Amyx, seconded by Chestnut, to adjourn at 7:25 p.m. Motion carried unanimously.
APPROVED _____________________________
Sue Hack, Mayor
ATTEST:
___________________________________
Frank S. Reeb, City Clerk
1. Bid – 1 walk behind concrete saw to United Rentals for $15,662.23.
2. Contract – Oregon Trail Park Benefit District Improvements to R.D. Johnson Excavating, Inc. for $682,413.78
3. Contract – Pavement replacement 4th St., Michigan to Maine, to R.D. Johnson Excavating, Inc. for $57,497.57.
4. Engineering Contract – Clinton Water Treatment Plant Phase II Expansion, to KS Engineering not to exceed $100,000.
5. Design-Build Contract – W Baldwin Creek Sanitary Sewer Interceptor to CAS Construction/Professional Engineering Consultants for $315,000.
6. Replacement of utility pavement processing hardware – to NCR for $23,887.
7. Advertise RFP – Investment Advisory Services.
8. Ordinance No. 7923 – 1st Read, Rezone (Z-04-28-05) 12.465 acres, UR to RM12, SE Corner Wakarusa & Eisenhower Drive.
9. Ordinance No. 8126 – 2nd Read, Court costs for supervised probation, fingerprinting, & incarceration.
10. Ordinance No. 8127 – 2nd Read, remove yield signs on Ponderosa & replace with stop signs.
11. Ordinance No. 8121 – 2nd Read, Max assess for KS Hwy 10 intersection of E 1600 Rd (O’Connell)
12. Resolution No. 6729 – Condemnation for construction Stoneridge Dr., south W. 6th.
13. Resolution 6728 – GOB, sidewalk improve & traffic calming devices.
14. Text Amendment – Ch. 20, Dev Code, TA-05-09-07, correcting inconsistencies.
15. TSC – deny request for “all way stop” 7th & Lyon St.
16. Discount Transit System Pass Program – KU, Aug. 1, 2007 through Jul. 31, 2008.
17. Mortgage Releases – Roxana & David Jones, 501 N. 2nd.; Theo Penny, 1636 W. 19th Terr.; & Alice Hart, 1900 W. 3rd.
18. City Manager’s Report.
19. TSC Recommendation, “No Parking” along E. side Wisconsin St. betw. 6th & 7th St.
20. Request to build boathouse from KU in Burcham Park.
21. Public Comment.
22. Future Agenda Items.