February 1, 2000

 

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 Hodges presiding and members Dunfield, Henry, Kennedy and Rundle present.      

            As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to approve the City Commission meeting minutes of January 25, 2000.  Motion carried unanimously.

            As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to approve the Board of Electrical Examiners meeting minutes of December 1, 1999 and January 12, 2000; and, the Board of Zoning Appeals meeting minutes of January 6, 2000. Motion carried unanimously.

            As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to approve claims in the amount of $1,499.905.55 and payroll from January 16, 2000 to January 29, 2000 in the amount of $1,069,367.87.  Motion carried unanimously.

            Henry informed the City Commission that he was going to abstain from the appointments to the Lawrence Arts Commission because of a potential conflict of interest.

            Moved by Hodges, seconded by Kennedy, to concur with the recommendation of Mayor and appoint Kay Henry and Kenneth Wheatly to the Lawrence Arts Commission.  Aye:  Hodges, Dunfield, Kennedy and Rundle.  Nay:  None.  Abstain:  Henry. 

            As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to concur with the recommendation of the Mayor and appoint Andre Bollaert to the Internet Resources Advisory Board; Teresa Ferguson to the Lawrence Humane Society; Jason Smartt to the Lawrence Alliance; and, Jenee Armbrister and Steven Hughes to the Recycling and Resources Conservation Advisory Board.  Motion carried unanimously.

The City Commission reviewed the bids for backfill/reseed work at the old hospital site, the Community Health Facility Project.  The bids were:

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to award the bid to R.D. Johnson Excavating in the amount of $93,610.00.  Motion carried unanimously.

The City Commission reviewed the bids for a copy machine for City Hall.  The bids were:

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to award the bid to Savin Corporation in the amount of $8,766.00.  Motion carried unanimously.

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to award 2000 Year Oil bids as recommended by the Public Works Department.  Motion carried unanimously.

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to authorize the City Manager to enter into a contract with Nutri-ject for the 2000 Biosolids Land Application Program.  Motion carried unanimously.                                 

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to place on first reading Ordinance No. 7192 establishing “no parking” along the west side of Brentwood Drive from Arrowhead Drive to Winston Drive; along the west side of Crestline Drive from Peterson Road to Stowe Drive; and, along the southerly side of Stowe Drive from Brett Drive to Brett Court.  Motion carried unanimously.                        (1)

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to place on first reading Ordinance No. 7193, deleting the amendment to the National Electrical Code Section 70-11(d), Section 5-402 of the City Code concerning emergency power requirements.  Motion carried unanimously.                                    (2)

Ordinance No. 7190, establishing “no parking” along the north side of 7^th Street, west of Wisconsin Street, and along both sides of Speicher Road from 27^th Street northwesterly 200 feet was read a second time.

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to adopt the ordinance.  Aye:  Dunfield, Henry, Hodges, Kennedy, and Rundle.   Nay: None.  Motion carried unanimously.                                                        (3)

Ordinance No. 7191/ County Resolution, amending the effective date of the licensing requirements for City/County ambulance to March 15, 2000 was read a second time.

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to adopt the ordinance.  Aye:  Dunfield, Henry, Hodges, Kennedy, and Rundle.   Nay: None.  Motion carried unanimously.                                                        (4)

Ordinance No. 7183, establishing special assessments for the improvement of Myers Court with the City paying $11,060.00 and the assessment to the Jehovah Witness Congregation being reduced by that amount was read a second time.

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to adopt the ordinance.  Aye:  Dunfield, Henry, Hodges, Kennedy, and Rundle.   Nay: None.  Motion carried unanimously.                                                       (5)

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to approve the change to the Utility Billing Policies.  Motion carried unanimously.                                                                                                                               (6) 

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to authorize the City Manager to execute an Agreement to Plat for 1239 Ohio.  Motion carried unanimously.                                                                                             (7)

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to authorize the City Manager to sign a contract with Duncan Associates for the second phase of revisions to the Zoning Ordinance and Subdivision Regulations.   Motion carried unanimously.                                                                                               (8)

George Williams, Public Works Director and Roger Coffey, Utilities Director, presented reports on the status of Public Works and Utilities Department Capital Improvement Projects.                                                                                                                   (9)

Gayle Martin, Communication Coordinator, presented the report on the year 2000 Census and Census Grants.                                                                               (10)

David Corliss, Legal Services Director, presented an update on the State Legislative Session.                                                                                                         (11)

Mike Wildgen, City Manager, presented Ordinance No. 7194, establishing the Housing Trust Fund.  Housing and Neighborhood Development staff was working with the Housing Advisory Task Force to develop criteria for administering the Trust Fund.  

Moved by Henry, seconded by Dunfield, to place on first reading Ordinance No. 7194, establishing the Housing Trust Fund.                                                                 (12)

Brian Pedrotti, Planner, presented the Revised Preliminary Development Plan for Parkway Plaza PCD which revised Phase IV of this development.  Phase IV-A proposed seven (7) 4-plex units on the north side of 22^nd Street, northeast of Quail Creek Drive as originally presented by the applicant.  Phase IV-B proposed the expansion of current permitted uses to allow the addition of limited retail uses in a building with two (2) three (3) bedroom apartments, north of Hy-Vee on the northwest corner of West 22^nd Street and Kasold Drive.  The applicant previously proposed this space to be a car wash.  The Planning Commission approved the Revised Preliminary Development Plan on an 8-0-1 vote. 

Tim Herndon, representing the applicant, said the applicant met with the neighborhood on January 6, 2000 to review the proposed plan.  The meeting resulted in general acceptance of the proposed concept.   He requested the elimination of the twenty-five foot (25’) setback requirement along the north property line of Phase IV-A.  The lot was narrow and they would rather put the additional space in front of the buildings because the screening fence and retaining wall was in the rear.  The front was more visible and the additional open space was a benefit in the front.  It would add five feet (5’) to the setback from the curb and sidewalk.

Herndon said the applicant agreed with the list of limited retail uses.

Dunfield asked about the required setback. 

Herndon said the required setback was thirty feet (30’), Planning Staff and the Planning Commission recommended twenty-five feet (25”), and the applicant requesting twenty feet (20’).

Hodges expressed concern about traffic and asked about the Traffic Study.

Herndon said the Traffic Study showed there was less traffic generated by a retail use, such as a bike shop, then office space at peak hours.

David  Springe, 3302 West 22^nd Terrace, said the neighborhood was generally in favor of a bike shop being at this location.  However, he expressed a concern about the change from the Preliminary Development Plan which showed no retail in this area, to a retail use.   Changing this area from what it was initially proposed should not be taken lightly.  Another concern was sexually oriented business being allowed in this area.  He said that type of business should be specifically prohibited.   Traffic remained a major issue for the neighborhood and suggested the City Commission address this issue.  Left-turn lanes were needed on Kasold.

Jim Wells, 3301 West 22^nd Street, said traffic at this intersection was a City and County problem.  It was impossible to get in and out of the neighborhood streets because of the traffic.

Doug Compton, the applicant, was willing to pay his share of the costs for traffic improvements in the area, but not the entire costs.  He said five feet (5’) in front would make the project  esthetically pleasing from 22^nd Street.

Kennedy said a deceleration lane was needed for southbound traffic.  He asked why the applicant was not willing to install the deceleration lane at this time.

Compton said he would pay his share of improvements to the intersection, but should not bare the entire costs as recommended by staff.  He was asking to use an existing City street.

Kennedy said traffic was a major issue for this development.  A deceleration lane was needed as well as left turn lanes on Kasold.  The City Commission needed to resolve this traffic issue

Linda Finger, Planning Director, said staff recommended a deceleration lane based upon the traffic study information.  The language concerning the other improvements was not to suggest the applicant would be responsible for the entire costs.  It was the intent to have the City Commission be responsible for the nature of the additional improvements and when they were constructed.

Dunfield said the City Commission should not expect the developer to pay the entire cost of improvements to the intersection.  A deceleration lane was an appropriate cost to the developer because of the willingness of the developer for this portion of the development in the past.  He supported the twenty-five foot (25’) setback on the north side of the property.

Rundle thought it was important to address the left-turn lanes on Kasold as part of this development.

Kennedy supported the twenty-foot (20’) setback on the north side of the property.  He thought it was important to have five feet (5’) on the front of the project because of the parking.

Finger said staff recommended the twenty-five foot (25’) setback in back to allow for a larger open space for recreational purposes.

Henry asked if sexually oriented businesses would fall into the retail uses list.

Finger said staff was developing code language relating to sexually oriented businesses.  If the use was approved for this area prior to the language being in place, then a gift and novelty shop use could not be restricted.  Staff recommended not placing restrictive language on the plat which could not be enforced by the City.  Staff did not recommend a gift or novelty shop because they thought it was an open-ended use at this time.  Once the gift and novelty was defined and appropriate development restrictions in place, staff would be open to an amendment to the plan to add the gift/novelty shop as a permitted use.  Staff would work with the applicant to make the process as simple as possible.

Moved by Dunfield, seconded by Rundle, to approve the Revised Preliminary Development Plan for Parkway Plaza PCD, a seven (7) 4-plex unit on the north side of 22^nd Street, northeast of Quail Creek Drive, as originally proposed, an expansion of current permitted uses to allow the addition of a retail building with two (2) three (3) bedroom apartments, north of Hy-Vee on the northwest corner of West 22^nd Street and Kasold Drive subject to the following conditions:

1.                  Provision of a Revised Preliminary Development Plan depicting the

following:

a.                  Provision of a twenty-five foot (25’) setback along the north property line a Phase IV-A;

b.                  Provision of a note showing the permitted retail uses as the following:

·           Altering, Pressing, Repairing of Wearing Apparel

·           Antiques Sales

·           Art Supply Sales

·           Bicycle Sales, Rental Repair

·           Camera a photographic supply

·           Clothing Sales

·           Florist Shop

·           Hobby Supply Sales

·           Interior Decorating

·           Jewelry Sales and Repair

·           Locksmith, Key Shop

·           Paint and Wall Paper Sales

·           Photograph Studio

·           Shoe Repair and Sales

·           Sporting Goods and Sales

c.                  Provision of a note showing the prohibited uses as medical, dental

and related offices;

d.                  Provision of a note stating the gross retail floor area of Phase IV-B

is restricted to maximum of 4,800 square feet;         

2.                  Construction of a southbound right turn deceleration lane on Kasold Driver at the intersection of 22^nd Street design AASHTO Standards; and,

3.                  Improvement at the intersection of Kasold Drive and 22^nd Street to insure the Level of Service for eastbound traffic does not degrade before below Level of Service D.  The responsibility, nature and extent to which the improvements are constructed will be determined by the City Commission consideration.

Aye:  Hodges, Dunfield, Henry and Rundle.  Nay:  Kennedy.  Motion carried.

            The City Commission concurred that Condition No. 3 should direct staff to prepare a report analyzing the intersections with methods of financing improvements to the intersection.  This condition would not need to be met before the developer could pull building permits. The City Commission concurred to direct staff to work with the applicant to include the possibility of adding gift/novelty shop as retail use for the development once the use was defined and appropriate development restrictions in place.                                                                                                                                         (13)

Mike Wildgen, City Manager, presented the staff report on the mid-year goals.

The City Commission concurred to receive the report and make no changes to the goals.                                                                                                                             (14)

The City Commission concurred to directed staff to place on the agenda for the City Commission meeting of February 8, 2000 a vote on Highway 59 improvements.

The City Commission concurred to set a study session/hearing on March 29, 2000 at 9:00 a.m., to review the proposed LAN Rental Housing Program.

Moved by Hodges, seconded by Kennedy, to recess into an executive session for fifteen (15) minutes to discuss possible land acquisition.  Motion carried unanimously.

Upon returning from executive session, it was moved by Kennedy, seconded by Henry, to adjourn at 9:03 p.m.  Motion carried unanimously.

           

APPROVED:

_____________________________Ervin E. Hodges, Mayor

ATTEST:

___________________________________                                                                        

Raymond J. Hummert, City Clerk

COMMISSION MEETING FEBRUARY 1, 2000

1.                  Ordinance No. 7192 – 1^st Reading, “no parking” W side of Brentwood Dr. from Arrowhead Dr. to Winston Dr, along W side of Crestline from Peterson to Stowe; and, S side of Stowe from Dana Dr. to Alister Dr.

2.                  Ordinance No. 7193 – 1^st Reading, delete amendment to NEC 7011(d), Section 5-402, emergency power requirements.

3.                  Ordinance No. 7190 - 2^nd Reading, “no parking” N side of 7^th, W of Wisconsin, both sides of Speicher Rd. from 27^th St, NW 200’

4.                  Ordinance No. 7191/Cnty Resolution – 2^nd Reading, amend licensing requirements for City/Cnty ambulance, March 15, 2000.

5.                  Ordinance 7183 – 2^nd Reading, special assessment, Myers Ct.

6.                  Policies – Utility Billing

7.                  Agreement to Plat – 1239 Ohio.

8.                  Contract – Duncan Assoc. for 2^nd phase of revisions to Zoning & Subdivision Regs.

9.                  Public Works & Utilities Dept Capital Projects.

10.              Census Grants

11.              State Legislation update.

12.              Ordinance No. 7194 – 1^st Reading, establish Housing Trust Fund.

13.              Prelim Dev Plan – seven 4-plex unit, N side of 22^nd NE of Quail Creek, to allow addition of retail bldg with 2 & 3 bedroom apts.

14.              Mid-year goals.