Week ending September 30, 2017
The attached memo provides an update on Farmland investments.
Update on the Environmental Remediation Efforts at the Former Farmland Nitrogen Plant Property.
The City Commission was last updated on September 5, 2017 about the ongoing effort to address challenges with the environmental remediation program at the former Farmland Nitrogen Plant property. Since that time, the staff has continued working on alternative strategies to address the operational challenges. As has been previously shared, the groundwater collection system at the site has reached its storage capacity. More water is being collected than can be stored and land-applied through existing distribution and irrigation infrastructure. Drawing down the water in storage to adequate levels will require land application on additional farms that are not served by the distribution system. The water would need to be transported by truck to these additional farms.
Bids were received earlier this month for truck hauling services and the staff has developed a contingency plan to haul and apply millions of gallons of water to additional farms if necessary. In conversations with city staff and Kansas Department of Health and Environment officials, the potential for a hauling operation has been the cause of much concern. Hauling the water would create a significant financial burden on the Farmland Trust Fund in addition to creating a significant operational and environmental impact. Potentially, millions of gallons of water may need to be hauled. Approximately 148 truckloads would be required to haul 1 million gallons. The contractual cost would be approximately $40,000 for every 1 million gallons hauled. Administering the hauling operation and ensuring regulatory compliance would require significant staff resources. Naturally, a hauling operation should be, and is the last resort. Staff will continue working to land apply the water to as many farms served by the distribution system as possible. The city has also requested additional guidance from KDHE as alternative options for the short-term management of the nitrogenated water are considered.
Update on short-term rentals (Airbnb)
On August 15, 2017, the City Commission directed staff to pursue a framework to regulate properties being used as short-term rentals. Staff has developed a public participation program to solicit input prior to bringing forward a recommended ordinance.
To start the public participation program, a public meeting was held on September 26, 2017 to outline the process/next steps and answer questions. Approximately 30 to 40 community members and stakeholders attended and received an FAQ sheet related to the short-term rental use. Additional public participation opportunities include:
1. Taking a brief survey online at http://www.lawrenceks.org/lawrence-listens by October 13, 2017;
2. Submitting written testimony to Danielle Buschkoetter at dbuschkoetter@lawrenceks.org by October 13, 2017;
3. Attending the November 14 work session when the draft ordinance is presented (tentative date).
All feedback collected will help guide staff through the development of a short-term rental ordinance.
Recordings of Historic Resources Commission Meetings
At the September 19, 2017 City Commission meeting, a member of the public, KT Walsh, reported that the Historic Resources Commission (HRC) established a rule a few months ago that no video recordings would be allowed at their public meetings. Staff has no knowledge of this rule change and at the September 21st HRC meeting, staff consulted with the HRC about the matter, who also had no knowledge of the rule change. At the same HRC meeting, Ms. Walsh provided public comment that she had made the statement to the City Commission based on a “usually reliable source” and she apologized for the statement.
The city currently records, with its own equipment, the city commission and planning commission meetings, as well as other ad hoc meetings as deemed appropriate by the City Manager’s Office. The city has discussed expanding its video recording to other commissions such as the Historic Resources Commission but has not done so due to limited resources. There may have been a discussion to this effect between staff and the HRC at some point recently, which may have been taken as establishing a “no video” rule at the HRC. The city’s decision to not video record certain commissions/boards has not and does not establish a rule that prevents the public from recording video or audio at the HRC or any of the other city public meetings.
Staff is well versed in the Kansas Open Meetings Act (KOMA) and works in an established culture of providing greater than minimal access to our committees and boards. The City Attorney’s Office presented KOMA and Conflicts training to the HRC on November 17, 2016. This training includes information that public meetings can be recorded if done so in appropriate and reasonable ways. It is often the case that the public records meetings in various ways. With the advent of smaller technology, staff would not necessarily even know that a recording is taking place. The HRC will continue to accept public recordings of all public meetings in accordance with the Kansas Open Meetings Act and the city’s own local policies governing such.
Municipal Court Updates
Once again, The University of Kansas School of Social Welfare, the Bert Nash Community Mental Health Center, DCCCA, and the Lawrence Municipal Court have partnered to place social work interns from KU’s MSW program at the Court for their clinical education. Three (3) interns will be available for a total of four (4) days a week at the Court, and will help defendants access mental health and substance abuse services. In addition, they will be offering a series of life skills classes on a weekly basis. Defendants with outstanding fines or fee balances will be granted community service credit for attending and participating in these classes.
Judge Scott Miller was recently appointed to serve on the Kansas Supreme Court’s Ad Hoc Committee on Bonding Practices, Fines and Fees in Municipal Courts.
School District Request to Waive Permit Fees
The School District recently sent a letter to the City, requesting the City to waive fifty percent (50%) of the permit fees for upcoming construction projects related to the $87,000,000 bond issue, which was approved by voters on May 2, 2017. The City and School District have a strong working relationship, and I have responded to the School District asking for additional information to substantiate the request. Upon learning more information, I ultimately foresee scheduling this item for a future City Commission meeting for discussion. School District Taxpayers Breakdown - Added 10/02/17
Update on Fire Station No. 1/Senior Resource Center for Douglas County Remodel Project
Below is an update on the project timeline that has been reviewed by Zimmerschied Architect, LLC and PEC. While it is difficult to project the completion of site planning efforts, building inspection reviews, and Historic Resources Commission review, we are confident any concerns raised by these groups can be handled during the 30-day bidding window by addendum. A building permit will not be needed until late November or early December. (see attached construction schedule)
1. Fire department moved into Temporary housing middle of August.
2. Hazardous materials remediation work was performed immediately following and completed around the 1st of September. Building is now ready for Bidders to walk through.
3. 100% CD Drawings/Specifications: Complete ready for bidding Friday October 6th.
· Site Planning Submittal: We are on the second round of responding to comments and anticipate this wrapped up quickly.
· Building Inspection Pre-Submittal meeting was held and we are waiting on comments or issues to be identified.
· Any modifications to documents for Site Planning/Building Inspections or HRC will be implemented by Addendum during the bid period.
· Addendum can be issued up and until the bid date.
4. Bid Period: October 6th through November 7th.
5. Bid Review Process: November 7th thru November 14th. (Recommendation made to City for award of Construction Contract)
6. Construction Start date in or around December 1st, depending on required City Council approvals to move forward.
7. Construction Completion: TBD by bidding Contractors (Anticipated by the design team around July 1, 2018. The time to complete the work will be a consideration in acceptance of the best bid).
Future Agenda Items
Attached, please find a summary of future agenda items.
Future Work Session Items
Attached, please find a summary of future work session items.