January 4, 2000

 

The Board of Commissioners of the City of Lawrence met in regular session at 6:45 p.m., in the City Commission Chambers in City Hall with Mayor Hodges presiding and members Dunfield, Henry, Kennedy and Rundle present.  Student Commissioner Trapinski was present.  

            As part of the consent agenda, it was moved by Rundle, seconded by Henry, to approve the City Commission meeting minutes of December 21, 1999.  Motion carried unanimously.

            As part of the consent agenda, it was moved by Rundle, seconded by Henry, to receive the Historic Resources Commission meeting minutes of November 18, 1999; the Board of Zoning Appeals meeting minutes of December 2, 1999; the Sign Code Board of Appeals meeting minutes of December 2, 1999; and, the Planning Commission meeting minutes of December 15, 1999.  Motion carried unanimously.

As part of the consent agenda, it was moved by Rundle, seconded by Henry, to approve claims in the amount of $1,112,573.55 and payroll from December 19, 1999 to January 1, 2000 in the amount of $1,098.508.12.  Motion carried unanimously.  

The City Commission reviewed the bids for the housing rehabilitation project for 431 Elm for the HAND Department.  The bids were:

 

            As part of the consent agenda, it was moved by Rundle, seconded by Henry, to award the bid to General Construction in the amount of $15,456.00.  Motion carried unanimously.

                The City Commission reviewed the bids for the housing rehabilitation project for 2014 Hillview for the HAND Department.  The bids were:

            As part of the consent agenda, it was moved by Rundle, seconded by Henry, to award the bid to General Construction in the amount of $19,787.00.  Motion carried unanimously.

The City Commission reviewed the bids for the housing rehabilitation project for 1713 Maple Lane for the HAND Department.  The bids were:

            As part of the consent agenda, it was moved by Rundle, seconded by Henry, to award the bid to L& S Construction in the amount of $10,999.00.  Motion carried unanimously.

The City Commission reviewed the bids for the signage design project for the Lawrence Public Library.  The bids were:

            As part of the consent agenda, it was moved by Rundle, seconded by Henry, to award the bid to Star Signs and Graphics in the amount of $13,700.00 which was recommended by the Library Board based upon the strength of Star Signs and Graphics prior experience and client reference, responses to interview questions, and proposed fee.  Motion carried unanimously.   

The City Commission reviewed the bids for the a fire detection and alarm system for the Lawrence Public Library.  The bids were:

            As part of the consent agenda, it was moved by Rundle, seconded by Henry, to award the bid to Quality Electric in the amount of $63,512.00.  Motion carried unanimously.

As part of the consent agenda, it was moved by Rundle, seconded by Henry, to set a bid date of January 18, 2000, 2:00 p.m., for Phase II of 1999 Waterline Improvement Project. Motion carried unanimously.

As part of the consent agenda, it was moved by Rundle, seconded by Henry, to authorize the City Manager to execute a Supplemental Agreement with Black & Veatch Consulting  Engineers in the amount of $32,910.00 for the Wastewater Plant Biosolids Facility. Motion carried unanimously.                                                          (1)

As part of the consent agenda, it was moved by Rundle, seconded by Henry, to authorize the distribution for Request for Proposals for the 2000 Waterline Improvement Projects. Motion carried unanimously.                                              (2)

As part of the consent agenda, it was moved by Rundle, seconded by Henry, to adopt Resolution No. 6137, establishing a benefit district to widen 24^th Street to a width of twenty-seven feet (27’) from Crossgate Drive to Inverness Drive, and any necessary grading, storm drainage improvements and a five foot (5’) sidewalk on one side. Motion carried unanimously.                                                                                             (3)

As part of the consent agenda, it was moved by Rundle, seconded by Henry, to adopt Resolution No. 6138, establishing a benefit district for improvement of Inverness Drive from Clinton Parkway to the proposed 24^th Street, to a width of twenty-seven feet (27’) from back of curb to back of curb and any necessary grading, a “roundabout” at proposed 24^th Street, storm drainage and a six foot (6’) sidewalk. Motion carried unanimously.                                                                                                                 (4)

As part of the consent agenda, it was moved by Rundle, seconded by Henry, to adopt Resolution No. 6139 establishing a benefit district to improve an existing twenty-four foot (24’) sanitary sewer located in the Northwest Quarter of Section 10, Township 13 South, Range 19 East in the Inverness Addition area. Motion carried unanimously.                                                                                                                            (5)

As part of the consent agenda, it was moved by Rundle, seconded by Henry, to adopt Resolution No. 6140 establishing a benefit district for the design and construction of the drainage system in the Nortwest Quarter of Section 10, Township 13 South, Range 19 East; the demolition of the existing drainage structure across 27^th Street immediately west of Crossgate Drive, the modification and relocation of the pedestrian bridge’ and the temporary “turn around” at 27th Street and Crossgate Drive. Motion carried unanimously.                                                                                             (6)

As part of the consent agenda, it was moved by Rundle, seconded by Henry, to adopt Resolution No. 6141 establishing a benefit district for the design and construction of the a traffic signal and any necessary geometric improvement at Clinton Parkway and Crossgate Drive. Motion carried unanimously.                                  (7)

As part of the consent agenda, it was moved by Rundle, seconded by Henry, to adopt Resolution No. 6142 establishing a hearing date for the proposed benefit district for the improvement of Crossgate Drive from Clinton Parkway to the proposed 24^th Street. Motion carried unanimously.                                                                                  (8)

As part of the consent agenda, it was moved by Rundle, seconded by Henry, to place on first reading Ordinance No. 7181,rezoning (Z-6-22-98) approximately ten (10) acres from A (Agricultural District) for RS-1 (Single-Family Residence District) property commonly known as St. Margaret’s Church property on West 6^th Street.  Motion carried unanimously.                                                                                                                 (9)

As part of the consent agenda, it was moved by Rundle, seconded by Henry, to approve the site plan (SP-10-83-99) for Runza Restaurant No. 2 to be located in the 3400 block of West 6^th Street, Northeast of West 6^th and Kasold, west of the Credit Union, subject to the following conditions:

1.                  Execution of a Site Plan Performance Agreement;

2.                  Recording of a  Final Plat for the subject property including execution of an  agreement establishing cross access or execution of an agreement to plat;

3.                  Provision of a Revised Site Plan to include the following information:

a.                  Identify which type of surfacing is being used per Section 20-1217;

b.                  Revised detention grades and submission of information for approval as stated in the drainage study comments per the City Stormwater Engineer’s approval;

c.                  Label the top of bank elevation to be constructed around the south edge of the detention basin;

d.                  Label the concrete flume a the southwest corner of the pavement;

e.                  Add notes stating that the concrete flumes must be graded to drain to the detention basin;

f.                    Relocated street tree from the immediate southeast corner of the subject property;

g.                  Show or note portions of interior landscape islands to be turfed; and,

4.                  Approval of a photometric lighting plan prior to release of the Site Plan for

                        issuance of a building permit.   

Motion carried unanimously.                                                                                            (10)

As part of the consent agenda, it was moved by Rundle, seconded by Henry, to concur with the Planning Commission’s recommendations to adopt the findings of fact and approve the revisions to the permitted uses in the 6^th and Comet Lane PCD-2 (Z-7-24-99), property generally located between West 6^th and West 7^th Streets, west of Comet Lane.  Motion carried unanimously.                                                                                     (11)

As part of the consent agenda, it was moved by Rundle, seconded by Henry, to concur with the Planning Commission’s recommendations, approve the Final Plat for Comet Lane, a one-lot planned commercial subdivision containing approximately 2.515 acres, located south of West 6^th Street and west of Comet Lane, and accept the dedication of easements and rights-of-way subject to the following conditions:

1.                  Provision of a revised Final Plat containing the following items:

a.                  Provision of lot dimensions;

b.                  Provide hatching that identifies access is not permitted to 6^th Street along the north side of Lot 1, Block 1;

c.                  Provision of a note on the face of the plat to read as follows:  “Should a 5^th lane be constructed on 6^th Street, the property owner, and their assigns, heirs and successors shall pay up to $8,600.00 in construction costs for the improvement”;

2.                  Payment of street signs;

3.                  Provision and approval of a Master Street Tree Plan;

4.                  Provision and approval of the redistribution plan for all unpaid City special assessments, if applicable, which meets the City’s requirements and which is acceptable to the City Clerk and Public Works Director; and,

5.                  Execution of a Temporary Utility Agreement.

Motion carried unanimously.                                                                                           (12)

As part of the consent agenda, it was moved by Rundle, seconded by Henry, to concur with the Planning Commission’s recommendations, approve the Final Plat for Lot 3, Block 2, East Hills Business Park, a one-lot subdivision containing approximately 12.144 acres, located on the northwest corner of K-10 Highway and Noria Road, east of NCS building, and accept the dedication of easements and rights-of-way subject to the following conditions:

            1.            Provide a revised Final Plat depicting the following:

                        a.            Provision of a cross access easement to the property to the west;

d.                  Depict Utility Easements on adjacent lots;

2.                  Provision and approval of a Master Street Tree Plan;

3.                  Provision of redistribution of special assessments, if applicable, which meets the City’s requirements and is acceptable to the City Clerk and Public Works Director;

4.                  Execution of a Temporary Utility Agreement;

5.                  Execution of an Agreement Not-to-Protest the formation of a benefit district for improvements to Noria Road; and,

6.                  Approval of Final Plat by City Stormwater Engineer.

Motion carried unanimously.                                                                                            (13)

As part of the consent agenda, it was moved by Rundle, seconded by Henry, to concur with the Planning Commission’s recommendations, approve the Final Plat for Fire Station No. 3, a one-lot plat containing approximately 2.70 acres, located on the north side of West 6^th Street between Kasold Drive and Monterey Way, commonly known as Fire Station No. 3, and accept the dedication of easements and rights-of-way subject to the following conditions:

1.                  Provision of a note on the face of the Final Plat to indicate that redevelopment of the property for other than public safety use shall be limited to only one access;

2.                  Provision of a Revised Final Plat to include a dedication of an additional 20’ of right-of-way along the south property line;

3.                  Provision of a Revised Final Plat to include a 20’ U/E along 6^th Street and 10’ U/E along the east property line;

4.                  Provision of the following fees and recording documentation:

a.                  Copy of paid property tax receipt;

b.                  Recording fees made payable to the Douglas County Register of Deeds; and,

c.                  Provision of a Master Street Tree Plan.

Motion carried unanimously.                                                                                            (14)

As part of the consent agenda, it was moved by Rundle, seconded by Henry, to accept the Transportation Improvement Program (TIP) for FY 2000-20004 and United Work Program (UWP) for FY 2000; the Transportation Improvement Program (TIP) for FY 2000-2004; and, the Unified Work Program (UWP) for FY 2000. Motion carried unanimously.                                                                                                                        (15)

At the request of the applicant, it was moved by Rundle, seconded by Henry, to withdraw the request for rezoning (Z-10-34-99) of approximately .978 acres from RS-1 (Single-Family Residence District to RM-D (Residential-Duplex District), property generally located on the east side of North Iowa Street approximately 1400’ north of Riverridge Road.  Motion carried unanimously.                                                             (16)

At the request of the applicant, it was moved by Rundle, seconded by Henry, to withdraw the request for rezoning (Z-10-35-99) of approximately 10.431 acres from M-2 (General Industrial District) to RM-D (Residential-Duplex District), property generally located on the east side of North Iowa Street, south of Lakeview Road.  Motion carried unanimously.                                                                                                                    (17)

At the request of the applicant, it was moved by Rundle, seconded by Henry, to withdraw the request for rezoning (Z-10-36-99) of approximately 28.267 acres from M-2 (General Industrial District) to RS-2 (Single-Family Residence), property generally located on the east side of the tract described in (Z-10-35-99), south of Lakeview Road, if extended eastward, and north of Miller Acres Subdivision.  Motion carried unanimously.                                                                                                                   (18)

Sandra Day, Planner, presented the Planning Commission’s recommendation to approve a preliminary development plan for Deerfield Woods No. 6 PRD-1, property generally located west of Arrowhead Drive north of Peterson Road, a proposed 21-lot duplex development (42 dwelling units).  Day said the Planning Commission’s action did not approve the applicant’s request for a reduction in the required side yard setback.  If the City Commission wanted to approve those setbacks, the appropriate City Commission action would be to refer the Development Plan back to the Planning Commission with the request to reconsider the applicant’s request outlining the reasons for the reconsideration.  The area was surrounded by low density development and was a challenging piece of property to develop because one half (1/2) of the property, approximately eleven (11) acres, was in floodway and floodway fringe.  Day said staff never recommended building on the floodway fringe, but current regulations permit development in the floodway fringe.  The developer was presenting the request under rules that exist.  A permit from the Division of Water Resources was required for fill-in the area as well as permit from the City after approval from the State.  In addition to the floodway and floodway fringe, there was a large exclusive utility easement on the west side of the property.

Rundle asked if the plat restrictions concerning not developing the floodway fringe could be enforced.      

David Corliss, Legal Services Director, said “yes”.

Rundle asked of the duplexes were going to be rental units.

Day said the duplexes were on individual lots and could be a combination of rental and/or owner occupied.

Hodges expressed a concern about erosion control on the drainage channel and maintenance of the utility easement.

Day said the proposed Homeowner’s Association covenants could address those concerns as well as City policies.

Dunfield expressed a concern about development in the floodplain and fringe area.

Day said it was permissible under the existing code.  It appeared two (2) structures would be in the fringe area.

Tim Herndon, LandPlan Engineering, said there were not a lot of options in developing this property because of the terrain of the property.  The project fell within the requirements of the PRD-1 Zoning, except for the side yard setback for interior lots.  The variance request for reduction from ten feet (10’) to five feet (5’) would enable this project to conform to establish setbacks for other single family and duplex subdivisions throughout the Peterson Road corridor.  The density was compatible with surrounding areas.  Herndon said the applicant has met several times with the neighborhood and  a fence on the west would be built to address neighborhood concerns.  Elevations were reviewed and met the Division of Water Resources requirements for fill..  Further engineering on the fill would proceed after approval of the Preliminary Development Plan.  Stormwater requirements for the project were met and approved.  The PRD as presented was in compliance with all zoning requirements except for the side yard setbacks.

Pat Kells, 511 Regents, spoke in opposition to the Preliminary Development Plan.  She had concerns about density, erosion, and the aesthetics of the property.  Kells said there was a high probability the City would face the expensive prospect of mitigating flooding in this area.  She encouraged the City Commission to approve the plan for fill prior to filling, assure the Planning Commission requirements were met, review the Homeowner’s Association covenants prior to development and design the plan to be compatible with the rest of the area.

A property owner in the area, had a concern about the Homeowner’s Association maintaining the floodway areas.  Those responsibilities should be clearly addressed prior to development.   He had a concern about traffic in the area and drainage.

Scottie Lingelbach, 3202 Taylor Drive, spoke against the development.  House should not be constructed in the floodplain or floodway fill area.  The Homeowner’s Association’s responsibilities should be clearly defined.

Carol Smith, 519 Regents, said a fence was needed to protect the privacy of the people in the Deer Run Townhomes.  She expressed a concern about the density of the project.  This area of the proposed development was a delicate area and should be protected.  She requested the City Commission defer this item until the developers have met with all the residents of the area.

Henry asked about the density of the area based upon the building of twenty-one (21) units.

Day said the maximum density or close to the maximum density was planned.

Rundle asked if the density would change with the side yard variances not approved. 

Day said she anticipated some reduction in the number of units.

Herndon said the number of units may not be reduced because of architectural design changes.

Dunfield said the City had a history of ignoring stormwater issues.  He thought the floodplain development restrictions on the plat should be followed.                               

Moved by Hodges, seconded by Rundle, to concur with the Planning Commission’s recommendation to approve a preliminary development plan for Deerfield Woods No. 6 PRD-1, property generally located west of Arrowhead Drive north of Peterson Road, a proposed 22-lot duplex development (44 dwelling units), subject to the following conditions:

1.         Provision of a Revised Preliminary Development Plan including the following:

a.                  Provision of a note stating that erosion control measures shall be taken during construction and that the Floodway shall not be disturbed during construction;

b.                  Provision of a revised development plan to include a parking summary and changes to the Utility Easement

2.                  Provision of a copy of the Homeowner’s Association Regulations for staff

review and comment per section 20-1013 with or prior to the submission of the Final Development Plan;

3.                  Provision of a Revised Development Plan to provide a minimum 20’ of length on driveways on the west side of the street (as measured from the public right-of-way);

4.                  Provision of a note to state that all public improvements shall be completed prior to occupancy of the units.

5.                  A fence be built on the west side of the project subject to final approval by staff following discussions with the property owners;

6.                  The plat restrictions requiring no structures in the floodway fringe be enforced; and,

7.                  Clearly marking the limits of construction adjacent to the floodway fringe. 

Motion carried unanimously.                                                                                            (19)

Sheila Stogsdill, Assistant Planning Director, asked for clarification on the City Commission’s intent regarding proposed revisions to the Preliminary Development Plan for Parkway Plaza PCD to include a bicycle shop or office building.  She reviewed the various options that could take place on January 11, 2000.

Tim Herndon, LandPlan Engineering, representing the applicant, said the applicant was hoping for City Commission approval of the Preliminary Development Plan on January 11, 2000 because the proposed bike shop or other commercial use was less than more intense use.  The Planning Commission already proved traffic would be less because of the proposed neighborhood type use.  In addition to the bike shop, he requested the City Commission define a use group that was acceptable for the area.

Hodges recommended referring the Preliminary Development Plan for Parkway Plaza PCD back to the Planning Commission was important to identify what use group would be allowable in this area, if any.  He thought the Planning Commission should have input on that discussion.

Rundle thought it was important for the Planning Commission to review what kind of impact the proposal would have as opposed to the car wash.  He thought the Planning Commission should talk about use group restrictions.

The City Commission concurred to direct staff to place on the January 11, 2000 Consent Agenda, referral to the Planning Commission the proposed Revised Preliminary Development Plan for Parkway Plaza PCD.                                                                      (20)

Dunfield said he was going to abstain from the vote and discussion on the demolition project in 900 Block of New Hampshire because of a potential conflict of interest. 

Jeff Shmalberg, Berkley Plaza Inc., requested the City Commission consider increasing the previously approved reimbursement amount for demolition in the 900 Block of New Hampshire from $20,000.00 to $43,600.00.  The initial environmental assessment proved to be faulty and the company would not be paid for its inaccurate report.  During the demolition of the houses, it was discovered that asbestos containing materials were present in the construction debris.  Since then, he has been working with KDHE to insure the proper handling of the materials.  Bids were received from KDHE licensed contractors and the low bid resulted in a project cost of $43,600.00.

Mike Wildgen, City Manager, said the Arts Center Board would pay for one-half (1/2) of these costs.

Moved by Hodges, seconded by Rundle, to approve the change in reimbursement costs to Berkely Plaza for demolition and abatement of structures on the east side of the 900 Block of New Hampshire to a maximum of $43,600.00.  Aye:  Hodges, Henry, Kennedy and Rundle.  Nay:  None.  Abstain:  Dunfield.  Student Representative:  Aye.                                                                                                                 (21)    

Dunfield asked the City Commission to consider directing staff to prepare an Ordinance concerning sexually oriented book and novelty establishment in residential neighborhoods.  He requested the City Commission direct staff to place this on a faster timetable then consideration of the rest of the zoning and subdivision ordinances.

Patricia Sinclair, 331 Johnson Avenue, requested the City Commission put a ban on sexually oriented businesses.  She requested the City Commission regulate hours of operation, littering, parking requirements, and signage.  She encouraged the City Commission to take actions to minimize the impact of these types of businesses on neighborhoods.

Pat Kadhle requested the City not only look at the Zoning Ordinance, but also the Sign Ordinance.  She thought offensive content of signs should be regulated in some way.

Alan Zimmerman supported developing standards and regulations for sexually orientated businesses.  He presented an Ordinance from Steamboat Springs, Colorado regulating that type of business.

The City Commission concurred to direct staff to develop an Ordinance on sexually oriented book and novelty establishments with a proposed Ordinance back to the City Commission within thirty (30) days.                                                                         (22)

Mayor Hodges said AS&T, a firm wanting to build a manufacturing facility at the airport, requested the City Commission give some assurance the sanitary sewer line would be built.  AS&T needed to make a decision on their location within the next several weeks.  Hodges recommended authorizing the design and engineering of the sanitary sewer line to service this facility.

Moved by Hodges, seconded by Henry, to direct staff to proceed with engineering of a sewer line to service AS&T at the airport.  Motion carried unanimously.

     (23)    

Mayor Hodges presented a joint letter from the City of Lawrence and Douglas County to KDOT concerning U.S. Highway 59 improvements.  The key elements of the letter included extending decisions from local governments from January 15, 2000 to February 15, 2000 and stating the improvement should include a connection south of the Wakarusa River from U.S. 59 to K-10 east of Lawrence and an interchange at Iowa Street and the SLT to allow northbound traffic on U.S. 59 to  travel west on K-10 without turning across traffic.

Moved by Hodges, seconded by Henry, to authorize the Mayor to sign the letter to KDOT on Highway 59 improvements.  Motion carried unanimously                    (24)

Moved by Henry, seconded by Rundle, to adjourn at 8:40 p.m.  Motion carried unanimously.                                                              

 

 

 

APPROVED:

_____________________________Ervin E. Hodges, Mayor

ATTEST:

___________________________________                                                                       

Raymond J. Hummert, City Clerk

COMMISSION MEETING JANUARY 4, 1999

1.                  Supplemental Agreement – Black & Veatch for $32,910.00 for Wastewater Plant Biosolids Facility.

2.                  RFP – 2000 Waterline Improvement Projects.

3.                  Resolution No. 6137 – Benefit District to widen 24^th, 27’ from Crossgate to Inverness, grading, storm drainage improvements & 5’ sidewalk on one side.   

4.                  Resolution No. 6138 – Benefit District for improvement of Inverness from Clinton Pkwy to proposed 24^th, width of 27’ from back of curb to back of curb, grading, a “roundabout” at proposed 24^th, storm drainage and a 6’ sidewalk.   

5.                  Resolution No. 6139 – Benefit District to improve 24’ sanitary sewer, 10-13-19E in Inverness Addition.

6.                  Resolution No. 6140 – Benefit District for design & construction of drainage system, NW ¼ of 10-13-19E; demo existing drainage structure across 27^th immediately W of Crossgate.

7.                  Resolution No. 6141 – Benefit District  for design & construction of traffic signal & geometric improvement at Clinton Pkwy & Crossgate.

8.                  Resolution No. 6142 – Hearing Date for Benefit District for improvement of Crossgate from Clinton Pkwy to proposed 24^th.

9.                  Ordinance No. 7181 – First Reading, rezone (Z-6-22-98), 10 acres, from A to RS-1, St Margaret’s Church on W 6^th.

10.              Site Plan – (SP-10-83-99) Runza Restaurant No. 2, 3400 blk of W 6^th, NE of W 6^th & Kasold, W of Credit Union.

11.              Rezone – (Z-7-24-99), Comet Ln. PCD-2 , between W 6^th & W 7^th , W of Comet Lane.

12.              Final Plat – Comet Ln. 2.515 acres, S of W 6^th & W of Comet Ln.

13.              Final Plat – Lot 3, Blk 2, E Hills Business Park, 12.144 acres, located NW corner of K-10 Hwy & Noria Rd,  E of NCS Bldg.

14.              Final Plat – Fire Station No. 3, 2.70 acres, N side of W 6^th between Kasold & Monterey Way.

15.              TIP – United Work Program,

16.              Rezone - (Z-10-34-99) .978 acres from RS-1 to RM-D, E side of N Iowa 1400’ N of Riverridge Rd.

17.              Rezone – (Z-10-35-99) 10.431 acres, from M-2 to RM-D, E side of N Iowa, S of Lakeview Rd.

18.              Rezone – (Z-10-36-99) 28.267 acres, from M-2 to RS-2, E side of tract described in (Z-10-35-99, S of Lakveiw Rd & N of Miller Acres.

19.              Preliminary Development Plan – Deerfield Woods No. 6, 22 lt duplex development.

20.              Preliminary Development Plan -  Parkway Plaza PCD for bicycle shop or office bldg.

21.              Change Order – 900 Blk of New Hamp demo and abatement to Berkeley Plaza for $43,600.

22.              Sexually Oriented Businesses – Staff to look at regulating & report back in 30 days.

23.              Sewer Line – AS&T at Airport.

24.              Highway 59 improvements - KDOT