April 11, 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 Henry presiding and members Dunfield, Hodges, Kennedy and Rundle present.   

With Commission approval Mayor Hodges proclaimed the week of April 9 – 15, 2000 as “The Week of the Young Child”; and, the week of April 15 -21, 2000 as “H.C. Andersen Week.”

As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to approve the City Commission meeting minutes of April 4, 2000.  Motion carried unanimously.

            As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to receive the Board of Zoning Appeals meeting minutes of February 3, 2000.   Motion carried unanimously.

As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to approve claims in the amount of $1,529,960.90 and payroll from March 26, 2000 to April 8, 2000, in the amount of $1,063,309.83.  Motion carried unanimously.  The City Commission reviewed the bids for three (3) front mount mowers for the Parks and Recreation Department.  The bids were:

As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to award the sole bid to Deems Farm Equipment for $23,201.00.  Motion carried unanimously.

The City Commission reviewed the bids for 2000 Mill, Overlay and Curb Repair Program, Phase I for the Public Works Department.  The bids were:

As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to award the bid to D.F. Freeman Contractor’s Inc. $433,897.67.  Motion carried unanimously.

As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to set a bid date of May 2, 2000, 2:00 p.m., for the Community Drop-In Center Renovation Project, 214 West 10^th Street.  Motion carried unanimously.

As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to set a bid date of May 2, 2000, 2:00 p.m., for Western Hills Sanitary Sewer Improvements.  Motion carried unanimously.

As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to set a bid date of May 2, 2000, 2:00 p.m., for the George Williams Way Street, Storm Water and Waterline Improvements.  Motion carried unanimously.

As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to authorize the City Manager to enter into a contract with Burlington Northern and Santa Fe Railway Company for railroad crossing modifications on east 8^th Street.  Motion carried unanimously.                                                                                                  (1)

As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to adopt Resolution No. 6180, amending Resolution No. 6137, Resolution No. 6138, Resolution No. 6139, Resolution No. 6140 and Resolution No. 6141, pertaining to the advisability of and the ordering of certain street and drainage improvements in the City of Lawrence, Kansas, Inverness Park Development (Ghetto Property).  Motion carried unanimously.                                                                                                                    (2)

As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to adopt Resolution No. 6181, amending Resolution No. 6127, pertaining to the advisability of and the ordering of certain street and sewer improvements in the City of Lawrence, Kansas, 27^th and Wakarusa.  Motion carried unanimously.                                (3)

Ordinance No. 7208, ordering the condemnation of certain tracts (Farrar and Helmick) for Western Hills Sanitary Sewer Easement Project was read a second time 

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

Ordinance No. 7209, increasing the membership of the Public Transit Advisory Committee to nine (9) members was read a second time

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

Wayne Parks, 2411 Louisiana, spoke in opposition to expanding the Urban Growth Area, east of the City of Lawrence.  He asked the City Commission to take a comprehensive look at the cost of growth.   Growth was not paying for itself.  Parks opposed any tax abatement for the American Eagle Project.

Laurie Learned, Douglas County, said when the Planning Commission initially considered the Urban Growth Area, Planning staff said there was not a plan for either annexation or rezoning of the tract at that time.  She expressed a concern about the process for expanding the Urban Growth Area, the annexation, and the rezoning of the land for the American Eagle project.     

Ordinance No. 7204/Resolution No. 6169, adopting the amendments to Horizon 2020, the comprehensive plan for the city of Lawrence and unincorporated potions of Douglas County, to expand the Urban Grow the Area east of the City was read a second time.

Moved by Hodges, seconded by Kennedy, to adopt the ordinance.  Aye:  Henry, Hodges, and Kennedy.   Nay: Dunfield and Rundle.  Motion carried.                 (6)

As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to refer a text amendment for the rezoning/UPR criteria (20-1809) to the Planning Commission for recommendation.  Motion carried unanimously.                           (7)

As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to approve an extension for one (1) year a User Permitted Upon Review (UPR-3-2-1999) for the Raintree Montessori School Facility Expansion. Motion carried unanimously.                                                                                                                             (8)

As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to approve an extension for one (1) year a Site Plan (SP-5-38-98) for First State Bank & Trust, 3911 West 6^th and 611 Monterey Way.  Motion carried unanimously.                                                                                                                                                  (9)

Brian Pedrotti, Planner, presented the site plan for a sixteen (16) unit apartment complex and office building located on west side of Iowa Street, south of Harvard Street.  Planning Staff recommended approval of the site plan subject to eight (8) conditions.

Warren Maurer, Westdale Road, said the current zoning was a result of several compromises.  This site plan was not consistent with those compromises.  The site was surrounded by owner occupied single-family residents and the density of the proposed apartment complex would reduce property values in the area.  The project was a detriment to the neighborhood because traffic on Westdale would increase significantly.  Maurer asked the City Commission to reduce the number of apartments.

Carolyn Crawford, Sunset Hills Neighborhood Association, expressed a concern about the parking lots being connected with the pedestrian crosswalk.  The parking lot on the south would be used to serve both office buildings.  She also had a concern about increase traffic on Iowa.  Crawford requested a fence to separate Lot One and Lot Two so the public could not use the southern parking lot for the other office building.  Another concern was the number of units on the site and planning staff using the office and maintenance structure to compute density for the residential units.  This double dipping allowed too high of a density. 

Bob Lichtwardt, 2131 Terrace Road, read the following letter to the City Commission:

Dear Mayor and City Commissioners:

You will recall that last year when you rezoned and accepted the plat for Antioch Addition, our neighborhood on Terrace Rd. expressed considerable concern about the negative impact that the expected increase in random traffic coming from the Antioch curb onto Iowa St. would cause us when the current church building is remodeled for office use.  Our only access to and from Terrace Rd. is Iowa St. You received a letter at that time expressing the neighborhoods concern signed by virtually all of the home owners on Terrace Rd.

It was our understanding, and we believe the understanding of the City Commission as well, that only the building on Lot One.  It is now clear from the Antioch Place Townhomes Site Plan you have before you that the parking area o Lot One could be-and undoubtedly would be-used conveniently by visitors to the office building on Lot Two as well as by townhouse residents and visitors to Lot Two.  This is because there are pedestrian connections from Lot One to all of the buildings on Lot Two, even though the buildings on Lot Two have there own parking with an entrance to Westdale Rd.  As a consequence, when the development is completed the proposed pedestrian connection would generate even more traffic than originally anticipated from Lot One onto Iowa St., both night and day.  Because of human fallibility, something as innocuous as a sigh could be expected to have no affect on visitors entering Lot One from Iowa St., but intending to use buildings on Lot Two.  Something much more definitive is required.

For this reason, we urgently request that you modify the Antioch Place Townhomes Site Plan to remove all pedestrian access, as well as any possible future vehicular traffic, between Lot One and Lot Two by requiring that a barrier for this purpose such as a permanent fence be constructed to completely separate Lots One and Two.  Such a requirement should have no effect whatsoever on the uses proposed by the owners, but would have the effect of limiting Iowa St. traffic into and out of Lot One to the existing church building currently being remodeled for office use.  The alternative would be to close the curb cuts onto Iowa, and shunt all traffic to Westdale (please refer to the Notes on the Antioch Subdivision Final Plat).  We believe that this limitation on traffic from Lot One was the intent of the City Commissions when you accepted the plat last year.           

Because you review and approve site plans, we urge you to use your authority to make this a condition to accepting the Antioch Place Townhomes Site Plan, and that you place any other conditions on this Site Plan that you think would be necessary to lessen the impact to the adjacent neighborhood areas within the larger Sunset Hills Neighborhood of this very intense development.

Sincerely yours,

Bob and Betty Lectwardt

Paul Werner, Architect, representing the property owners, said the applicant supported staff’s recommendations for the site plan.  The pedestrian access between the two (2) parking lots should not be eliminated because it facilitated pedestrian use in the area.  The site plan called for two (2) bedroom units and more parking was being provided than required.  He was working with staff to develop the appropriate drainage plan for the site.  One (1) alternative to drainage was to provide off-site improvements that had a positive impact on the area.  This would take the place of detention on-site.  The drainage plan would meet the one hundred-year storm water design criteria. 

Jo Barnes, the applicant, said they were as careful as possible in following directions from staff.  The proposed site plan meets all City requirements.  She said comments presented on behalf of the Neighborhood Association might not represent the neighborhood. The views of the Landuse Committee were only opinions of those people and not the neighborhood as a whole.

Rundle asked about the calculations to determine density. 

Linda Finger, Planning Director, said when the code was amended to include residential/office, the Planning Commission and City Commission decided that it was an appropriate trade-off to include in the residential calculations the office space because of the benefits derived from the mixed use. 

Rundle thought it was a mistake to rezone the property initially.  He expressed a concern about the density proposed for the project.  He supported the pedestrian access across the property.

Dunfield said he opposed the rezoning because of the incompatible office and high density residential uses next to the single-family residential property.  The residential-office zoning had some advantages.  The additional parking for the office space did provide additional parking for the apartments and he saw that as a benefit.  The site plan with the current zoning could work.

The City Commission expressed concern about the south parking lot being used for the northern lot.

Finger suggested the office on Lot 2 could have an address off of Westdale.

The City Commission concurred to add that as a condition.

Betty Lichtwhardt, 2131 Terrace Road, said the problem was the southern lot had more spaces than needed.  This would provide additional parking spaces for Lot 2 and increase traffic problems on Iowa.  She recommended reducing the number of parking spaces on the southern lot to the spaces required and the use of the parking on the western lot be reduced by taking off the pedestrian access between the lots.              

Moved by Hodges, seconded by Kennedy, to approve the site plan (SP-3-17-2000) for Antioch Townhomes/Office located at 1127 Iowa Street, subject to the following conditions:

1.                  A Site Plan Performance Agreement be executed (Per Section 20-1433);

2.                  Prior to the release of the Site Plan to the Building Inspection Division, a lot split for the subject property adjusting the lot line in concurrence with this Site Plan must be filed with the Douglas County Register of Deeds Office;

3.                  Submission and approval of a photometric plan for outdoor lighting prior to release of the site plan;          

4.                  Show at least five (5) bicycle parking spaces on the plan;

5.                  Fire Department approval of fire hydrant or other means for protection of proposed buildings;

6.                  Obtain approval of the drainage study.  Modify the Site Plan as required.

7.                  Revise the Public Drainage Improvement note to exclude the driveway curb inlets and their connection to the proposed system.  These are part of the private improvements;

8.                  Public improvement plans for the storm drainage system must be submitted to the Public Works Department for review prior to release of the Site Plan to the Building Inspector; and,

9.                  The office building on Lot Two will have a Westdale Road address and be noted on the site plan.

Motion carried unanimously.                                                                                            (10)

George Williams, Public Works Director, presented the bids for the year 2000 Overlay and Curb Repair Program, Phase II.  The bids were:

Moved by Rundle, seconded by Hodges, to approve the bid of D.F. Freeman Contractors Inc. in the amount of $398,585.40 for the 2000 Overlay and Curb Repair Program, Phase II.  Motion carried unanimously.                                                        (11)

Sandra Shaw, Chief Executive Officer, Bert Nash, requested the City Commission submit an application for a Tourism Grant to develop a Multi-media Information Center in the Riverfront Mall across from the permanent rock mosaic under construction by Stan Herd on the Kansas River Levy.  The application, due April 14, 2000 would be prepared by the Bert Nash Center for submission by the City of Lawrence.  No expense would be incurred by the City of Lawrence.

Moved by Rundle, seconded by Hodges, to approve the submission of a Tourism Attraction Grant to develop a Multi-media Information Center in the Riverfront Mall across from the Stan Herd rock mosaic on the Kansas River Levy for approximately $20,000.00 with the City of Lawrence incurring no expenses.  Motion carried unanimously.                                                                                                                           (12)  

David Corliss, Legal Services Director, presented the report on the proposed “show cause” Ordinance for rental agreements.  It was his opinion the City’s authority to adopt an Ordinance was doubtful and the City did not possess the legal authority to enforce such a law, which made the adoption of such an Ordinance of negligible legal value.  The appropriate public policy response to the issue of “cause” for evictions was to encourage the Kansas Legislature to adopt an amendment to both the Kansas Landlord and Tenant Act and the Mobile Home Parks Residential Landlord and Tenant Act.  If a local law was enacted, Corliss raised concerns about the necessary staff to investigate, cite, prosecute and enforce an Ordinance.  This type of Ordinance would be different from the traditional traffic and public offenses which make up the 40,000 cases handled by Municipal Court each year.  He had not researched this issue beyond City powers and enforcement within Kansas.  Other jurisdictions outside of Kansas have “cause” requirements which were not researched.

Rundle suggested looking at jurisdictions outside of Kansas to see how they handled this issue.  He asked if there was an Attorney General opinion on this matter.

Corliss was not aware of any Attorney General opinions on this matter.

Rundle asked how these situations were resolved in courts.  Corliss said it was a civil issue between the landlord and tenant.

Denette Seymour, 4641 West 6^th Street, said a lot of tenants do not know their rights under the current law.  The Attorney General’s Office did not handle any tenant/landlord litigation.   The need for legislation to identify good cause for termination of leases was important for tenants.  She supported legislative changes to the law because it was an important issue for the entire State of Kansas.

Debra Hollsworth, Gas Light Village, said several Cities in Kansas provide anti-discrimination laws for mobile home tenants.  Manhattan was one City that provided such protection.  We have Anti-Discrimination Ordinance concerning sexual orientation and the same protection should apply to mobile home tenants.

Angela Hodges supported State wide legislation which would make the enactment of the law more effective.  She suggested a State wide attack on this problem.

Rundle supported greater research and requested staffs look at other State laws like New Jersey and local Ordinances in other States.

Dunfield suggested researching a definition for “cause”.

The City Commission concurred to direct staff to continue research on the Eviction for Cause Program including State and Local laws and defining the term for “show cause”.                                                                                                                         (13)

Mayor Henry called a public hearing on the proposed vacation of right-of-way in Block 15, North Lawrence, commonly known as 436 Walnut.

George Williams, Public Works Director, presented the staff report recommending approval of the vacation.

Moved by Kennedy, seconded by Hodges, to close the public hearing.  Motion carried unanimously.                                                                                     

Moved by Kennedy, seconded by Dunfield, to approve the vacation of right-of-way in Block 15, North Lawrence, commonly known as 436 Walnut and authorize the Mayor to sign the vacation order.  Motion carried unanimously.                              (14)

 

Dunfield informed the City Commission that he would not be participating in the discussion or vote on the proposed Redevelopment Plan for the Downtown 2000 project in the 900 Block of New Hampshire because of a potential conflict of interest. 

Mayor Henry called a public hearing on the proposed Redevelopment Plan for the Downtown 2000 Project in the 900 Block of New Hampshire with the redevelopment including a proposed parking garage.

David Corliss, Legal Services Director, said the format of the presentation would include a presentation of the Redevelopment Plan, presentation of the Feasibility Study prepared by Springsted Financial Advisors, responses to questions from the City Commission, public comment and then a formal closing of the hearing.  After closing the public hearing, the City Commission should consider action on the Redevelopment Plan, execution of agreements concerning the proposed parking lease and parking mitigation, and provide direction on final preparation of the Redevelopment Agreement.   Four (4) City Commissioner votes were required to adopt the Ordinance approving the Redevelopment Plan.  Substantial changes to the Redevelopment Plan required a new hearing.  After the hearing date, a sixty (60) day protest period would run before the City Commission could issue General Obligation/TIF Bonds.  The Douglas County Commission and the USD No. 497 School Board reviewed the Redevelopment District and project outlines.  The Lawrence/Douglas County Metropolitan Planning Commission reviewed the Downtown 2000 Plan on February 23, 2000.  The Planning Commission made the finding required by law which indicated the Redevelopment Plan was consistent with the City‘s General Comprehensive Plan, Horizon 2020 and the Downtown Comprehensive Plan.  After the Planning Commission’s findings, Resolution 6160 adopted by the City Commission established the public hearing date tonight.  Appropriate notice to property owners/occupants and the County and School District was provided.

Corliss said several other things were happening concurrently with the required TIF Procedures.  The City Commission made the required findings to allow the demolition of structures on the east side of New Hampshire for the site of the proposed Art Center.  The structures were removed and the City had reimbursed 9-10 LC in anticipation of City acquisition of the site.  The City retained the architectural services of GLPA for the design of the Art Center Facility which was currently proceeding.  The City and 9-10 LC had agreed to cost sharing on the preliminary design of the parking structure with the City obligated to pay fifty percent (50%) of the estimated $115,000.00 fee, environmental assessment of the site with the City paying fifty percent (50%) of the $115,000.00 cost, and a traffic study estimated to cost $20,000.00 with the City paying fifty percent (50%).  In addition, the City retained the engineering services of Walker Parking Consultants to provide a City review of the parking design work.            

David McGillivary, Springsted, presented the Financial Feasibility Study for the project.  McGillivary said if the net tax increment from the project was contributed semi-annually to bond debt service, a maximum of $3,900,000.00 in eligible project cost could be reimbursed by the end of 2022 when the District was scheduled to terminate.  The property and sales tax increments from the Redevelopment Project were not and were never expected to provide sufficient funds to pay all public redevelopment cost associated with the project.  As noted in the Redevelopment Plan, the City anticipated using property tax supported General Obligation Bonds to finance a significant portion of the parking facility and other related infrastructure.  The public improvements proposed for the project area were to be funded with General Obligation Bonds supported by Tax Increments and general property taxes.  The removal from the property tax base of the four (4) lots for the City owned Lawrence Arts Center Facility impacted the necessity of City-at-Large funding for the project.  For purposes of compliance with Kansas Tax Increment Feasibility Study requirements, the portion of the public improvements to be financed with Tax Increment Bonds would not exceed the amount that might be repaid with Property and Sales Tax Increment Revenues as projected in this study.  The remainder of the public improvement cost would be financed with general property tax supported General Obligation Bonds.  The TIF income would be sufficient to pay for the TIF project costs.

Corliss said there would be no relocation assistance necessary for the development.  Therefore, no relocation assistant plan was necessary.

Upon receiving no public comment, it was moved by Rundle, seconded by Hodges, to close the public hearing.  Aye:  Henry, Hodges, Kennedy and Rundle.  Nay:  None.  Abstain:  Dunfield.  Motion carried.

Moved by Hodges, seconded by Kennedy, to place on first reading Ordinance No. 7211, adopting the Redevelopment Plan for the Downtown 2000 Project in the 900 Block of New Hampshire including the proposed parking garage.  Aye:  Henry, Hodges, Kennedy and Rundle.  Nay:  None.  Abstain:  Dunfield.  Motion carried.                          (15)

Moved by Hodges, seconded by Kennedy, to authorize the execution of agreements with 9-10 LC and First Star Bank concerning parking leases, parking mitigation and direct staff to prepare the Final Redevelopment Agreement.  Aye: Henry, Hodges, Kennedy, and Rundle.  Nay: None.  Abstain: Dunfield.  Motion carried.                                                                                                (16)

Mike Wildgen, City Manager, presented an Ordinance from the City of Manhattan on Disorderly House Nuisances.   This type of an Ordinance might be of value in responding to house party problems in the community.

Dunfield asked if the proposed Ordinance had anything to help staff enforce activities related with this type of problem.

Wildgen said there were no specific things that could help with enforcement other than better definition of nuisances.   Wildgen thought it could be a useful tool.

Charlotte Mucky, 1709 Tennessee, said the infamous house party that took place over the weekend was adjacent to her property.  She supported an Ordinance that would provide for an on-site manager for apartments over a certain size.  This person should be available twenty-four (24) hours a day to deal with complaints.  Mucky told the City Commission that she had to pickup debris from parties in their neighborhood on a daily basis.

Euginia Bryan, 2343 Ranch, said her townhome was next to two four (4) bedroom units with eight (8) men living in the house that posed problems for their neighborhood.  She expressed a concern to the landlord and the landlord was not responsive.  Bryan asked the City Commission to consider actions that would help deal with non-responsive landlords.  She expressed appreciation to the Police Department for their response and help from them and asked for additional tools to help them do their job.  She suggested Ordinances with teeth.

Mark Lehman said landlords were responsible for their property not their tenants.  He suggested the City enforce laws such as no parking on grass. Lehman recommended addressing specific problems.  Arrests needed to be made on tenants not complying with existing Ordinances.

David Holyrod presented pictures of blighted areas in the Oread Neighborhood.  He encouraged the City to enforce the existing laws to eliminate the blight shown in the pictures.

The City Commission concurred to direct staff to draft an Ordinance for regulating a disorderly house nuisance.                                                                              (17)            

 Mike Wildgen presented the Ordinance from Emporia concerning the sale of beer and Cereal Malt Beverages in kegs.  The Ordinance required identification and record maintenance of sales.  Emporia’s law was on the books for several months and seemed to be working well.  Several surrounding Counties adopted similar Ordinances that made it a unified effort.  The registration helped the City to identify a responsible party.  The City Commission concurred to direct staff to prepare an Ordinance on the registration of kegs and ask the County to draft a similar Ordinance.                                               (18)

Kyle Mieras, Planner, presented the site plan for a new distribution facility for American Eagle Outfitters at Noria Road and Old Highway K-10.  Planning staff recommended approval of the site plan subject to two (2) conditions.  Also on the City Commission’s agenda was an agreement to plat to allow the project to proceed with a building permit.

Tom Congraid said KDOT and the County Engineer expressed a concern with the traffic study.  They identified improvements which the City and County should include in their Capital Improvement Plans to make the area safer.  Congraid asked who would pay for these improvements.

Michael Almon said his group identified potential problems with the intersection of Noria Road and the impact on 1500 Road earlier in the review process.  There needed to be significant off-site improvements to make traffic flow safely in this area.  Almon expressed concern the process was not addressing the problems associated with this project.  He presented a petition to the City Commission with ninety-three (93) signatures opposing the American Eagle Project, the annexation and rezoning of prime agricultural land for industrial use.  Almon recommended not proceeding any further until the City Attorney had the opportunity to review the consequences of the zoning action that rezoned Valley Channel to industrial uses without a review by the appropriate State Agencies. 

Melinda Henderson expressed a concern about the Agreement to Plat and the project proceeding.  She presented a packet of information outlining the planning process related to the American Eagle project and quotes from the City Code and State Statutes.   The Planning Commission gave approval of the rezoning based upon filing of the final plat.  She could find no authority for the City Commission to enter into an Agreement to Plat.  Henderson questioned whether the City could legally issue the building permit before the zoning and plat were finalized. 

Steve Robinson spoke against the proposed site plan and Agreement to Plat.  The Agreement did not comply with City Ordinances or State Law.  He recommended tabling the site plan approval and the Agreement to Plat until the City Commission received a formal written opinion from the City Attorney.  This matter needed additional study and he urged the City Commission not to proceed until they received a written opinion.

Marci Francisco, 946 Ohio, said approval of the site plan prior to platting was problematic.  There was no legal description on this property at this time other than a meets and bounds description.  She wanted to know how easements and Rights or Way were going to be recorded.  State Statute clearly identified the order in which these things were to be done and an Agreement to Plat was in the process.  The proposed Agreement to Plat referenced unusual circumstances that required the signing of the agreement.  What were these unusual circumstances?  She asked if the current site had the necessary easements for infrastructure improvements and who would pay for them if the plat was approved.  The traffic study showed a need for traffic improvements generated by the property.  She questioned who was going to pay for all these improvements.

Wayne Parks expressed a concern about the increase in traffic generated by the American Eagle Project.  Growth was happening too fast without sufficiently addressing traffic problems.

An architect representing the applicant said truck traffic would actually be between six (6) to eight (8) trucks a day.  The twenty-five (25) trucks identified in the site plan would be a worse case scenario.

Rundle asked what were the unique or unusual circumstances that required an agreement to plat.

Phil Strubble, LandPlan Engineering, representing the applicant, said he recommended the Agreement to Plat.  This agreement was being used exactly the same way as in previous agreements were used by the City Commission.  The Preliminary Plat was filed with the Planning staff and the Agreement to Plat would allow the project to move forward.

Rundle expressed a concern about the terminology of unusual circumstances.  He thought that there were serious questions raised as whether the City had followed State Statute and was uncomfortable with the timing of the process.  Rundle said it was incumbent upon the City Commission to take their time through this decision making process without the pressure of being hurried to make decisions.  Rundle expressed concerns about traffic safety and drainage in the area.

Henry expressed a concern about following State Statute and Zoning Ordinances and thought it might be good to seek a written opinion.

Linda Finger, Planning Director, said rezoning the Valley Channel designation did not require State approval.  That criteria was replaced with the floodway and flood fringe maps.  The Agreement to Plat process had been used to bring the site plan together with the platting process.

Rundle thought after the comprehensive study of the Zoning Ordinances, the Agreement to Plat would no longer be used.  He thought the City Commission was not acting responsibly on this issue.

Moved by Hodges, seconded by Kennedy, to approve the site plan for a new distribution facility for American Eagle Outfitters at Noria Road and Old Highway K-10 subject to the following conditions:

1.                  Provide a revised Site Plan depicting the following:

a.                  Decrease radius on the eastern driveway return onto Route 442 to 30’ or move property line to the east;

b.                  Report impervious surfaces in square feet on the face of the site plan.  Report separate numbers for buildings, pavement and total impervious.  Include all patios and walks;

c.                  Perimeter landscaping and street trees should not be located within a utility easement;

d.                  Label right-of-way along Route 442 (Old K-10);

e.                  Add “East 1750n Road” to “Noria Road” as the road designation shown on the site plan;

f.                    Old Highway 10” should be changed to “Route 442”;

g.                  Provide Opticom activated entrance at security gate and provide label;

h.                  Provide access points for Fire Department across detention pond on south side of site;

i.                     Relocate future fire tank and generator out of required 15’ setback;

j.                     Label each sheet with the same project name;

k.                   Provide a total of 7 accessible parking spaces;

l.                     Site information on sheet CE1.1 and sheet CG1.1 should match; and,

2.                  Execution of a Site Plan Performance Agreement.

Aye:  Henry Hodges and Kennedy.  Nay:  Dunfield and Rundle.  Motion carried.           (19)

            Moved by Hodges, seconded by Kennedy, to authorize the signature of an Agreement to Plat for the distribution facility of American Eagle Outfitters at Noria Road and Old Highway K-10.  Aye:  Henry, Hodges and Kennedy.  Nay: Dunfield and Rundle.  Motion carried.                                                                                                                        (20)         

George Williams, Public Works Director, presented the recommendation from the Traffic Safety Commission to establish no parking along the west side of Arrowhead Drive between Peterson Road and Brentwood Drive.

Jim Neeley, 621 Brentwood Drive, supported the recommendation of the Traffic Safety Commission.

Moved by Kennedy, seconded by Rundle, to concur with the Traffic Safety Commissions recommendation to establish “no parking” along the west side of Arrowhead Drive between Peterson Road and Brentwood Drive and direct staff to prepare the appropriate Ordinance.  Motion carried unanimously.                                        (21)

George Williams, Public Works Director, presented the recommendation from the Traffic Safety Commission to establish “no parking” along the north side of 10^th Circle between Monterey Way and Alma Drive and along the west side of Alma Drive between 10^th Circle and 10^th Place.

Gerry Collie, 3914 West 10^th Place, supported the recommendation of the Traffic Safety Commission.

Moved by Dunfield, seconded by Hodges, to concur with the Traffic Safety Commission’s recommendation and approve “no parking” along the north side of 10^th Circle between Monterey Way and Alma Drive and along the west side of Alma Drive between 10^th Circle and 10^th Place and direct staff to prepare the appropriate Ordinance.  Motion carried unanimously.                                                                                                      (22)

Marci Francisco expressed a concern about the issue of platting and zoning.  She thought it was appropriate to get an opinion on whether the Agreement to Plat was sufficient to allow a building permit to be issued.

Rundle asked staff to consult with Duncan and Associates on the Agreement to Plat concept and specifically, whether a building permit could be issued prior to the final plat being filed.

The City Commission concurred.

Wayne Parks said it was a mistake to continue to grow without the proper plans.  It was important to have the proper plans in place prior to proceeding with development.

Moved by Hodges, seconded Kennedy , to adjourn at 10:10 p.m.  Motion carried unanimously.

 

 

APPROVED:

 

_____________________________James R. Henry, Mayor

ATTEST:

___________________________________                                                                       

Raymond J. Hummert, City Clerk

COMMISSION MEETING APRIL 11, 2000

1.                  Contract – Burlington Northern & Santa Fe for railroad modifications on E 8^th.

2.                  Resolution No. 6137 – amend Resolution 6137, 6138, 6139, 6140 & 6141, ordering certain street & drainage improvements, Inverness Park Development.

3.                  Resolution No. 6181, amend Resolution 6127, ordering street & sewer improvements, 27^th & Wakarusa.

4.                  Ordinance No. 7208 – 2^nd Reading, Order Condemnation, Western Hills Sanitary Sewer Easement Project.

5.                  Ordinance No. 7209 – 2^nd Reading, increase membership to 9, Public Transit Advisory Committee.

6.                  Ordinance No. 7204/Resolution No. 6169 – 2^nd  Reading, Urban Growth Area.

7.                  Text Amendment – 20-1809, rezoning/UPR criteria.

8.                  UPR - (UPR-3-2-1999) 1 yr. extension for Raintree Montessori School Expansion.

9.                  Site Plan – (SP-5-38-98) 1^st State Bank & Trust, W 6^th & 611 Monterey Way.

10.              Site Plan – (SP-3-17-2000) Antioch Townhomes/Office, 1127 Iowa.

11.              Bid – D.F. Freeman Contractors for $398, 585.40 for 2000 Overlay & Curb Repair Program, Phase II.

12.              Tourism Attraction Grant – Multi-media Info Ctr in Riverfront mall for $20,000.

13.              Eviction for Cause Program – define “show cause”.

14.              Vacation of R-O-W – Blk 15, N Lawrence, 436 Walnut.

15.              Ordinance No. 7211 – 1^st Reading, Redevelopment Plan for Downtown 2000 Project,  900 Blk of New Hamp.

16.              Final Redevelopment Agreement – parking leases, 9-10 LC & 1^st Star Bank.

17.              Disorderly House Nuisances discussion.

18.              CMB Kegs – registration.

19.              Site Plan – (SP)3-15-00, American Eagle Outfitters, Noria Rd & Old Hwy K-10.

20.              Agreement to plat – American Eagle Outfitters.

21.              TSC – “no parking”, W side of Arrowhead between Peterson & Brentwood.

22.              TSC – “no parking”, N side of 10^th Circle between Monterey Way & Alma along W side of Alma between 10^th Cir & 10^th Pl.