Memorandum

City of Lawrence

Legal Department

TO:	David L. Corliss, City Manager
FROM:	Toni R. Wheeler, Director of Legal Department
Date:	October 21, 2010
RE:	Bowersock’s Request to Use City Property to Temporarily Store a Construction Crane for Future Construction Project

Representatives of Bowersock Mills and Power Company (“Bowersock”) have requested the City’s permission to have delivered and stored upon property owned by the City, a 100 ton crane that will be used in the construction of Bowersock’s hydroelectric powerhouse that is proposed to be constructed on the north bank of the Kansas River.  The City Commission has previously approved a special use permit (No. SUP 3-4-10), for the project, subject to certain conditions.

Bowersock representatives have advised City staff that this request is being made to reduce expenses related to the mobilization of the crane for construction.  Bowersock’s contractor, Kissick Construction Company, from Kansas City, Missouri provided the attached description of the crane.  The company also attached a map showing the proposed location of the crane.  Kissick anticipates the crane can be delivered to Lawrence in late October, pending approval by the City Commission, and will remain on site until construction commences.  Bowersock representatives are hopeful that construction can commence in early 2011. 

Public Works staff has reviewed the proposal, and support the request, subject to appropriate releases and waivers being executed by the contractor.  Bowersock representatives reported to City staff that they have conferred with Mr. Ted Boyle, with the North Lawrence neighborhood association, and Mr. Boyle does not object to the proposal. 

Legal staff recommends that if the Commission desires to authorize this temporary use of City property, the Commission authorize the City Manager to enter into an agreement with the contractor, Kissick Construction Company and/or Bowersock Mills and Power Company, for this use.  The agreement should require proof of insurance, and should hold the City harmless from any claims or actions related to the temporary use of the City property pursuant to this request.  The agreement should also specify an end date in the event construction of the hydroelectric plant does not proceed within a reasonable time frame.

At a future date, the City Commission will have an opportunity to consider Bowersock’s request for use of City property north of the Kansas River for construction staging purposes, as well as a long-term lease of City property on the north bank of the Kansas River for the site of the hydroelectric plant. 

ACTION:  Authorize the City Manager to enter into an agreement with Kissick Construction Company and/or Bowersock Mills and Power Company or an affiliated corporation, for the temporary use of City property on the north bank of the Kansas River for the storage of a construction crane, if appropriate.