June 13, 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.
As part of the consent agenda, it was moved by Kennedy, seconded by Hodges, to approve the City Commission meeting minutes of June 6, 2000. Motion carried unanimously.
As part of the consent agenda, it was moved by Kennedy, seconded by Hodges, to receive the Public Transit Advisory Committee meeting minutes of May 16, 2000. Motion carried unanimously.
As part of the consent agenda, it was moved by Kennedy, seconded by Hodges, to approve claims in the amount of $854,915.19. Motion carried unanimously.
As part of the consent agenda, it was moved by Kennedy, seconded by Hodges, to concur with the recommendation of the Mayor and appoint Bill Snead to the Library Board of Trustees; and, the reappointment of Roger Scott and Kevin Chaney to the Mechanical Code Board of Appeals. Motion carried unanimously.
The City Commission reviewed the bids for portable trash pumps for the Utilities Department. The bids were:
BIDDER BID
Lee Mathews $43,236.00
Mid-America Pump $55,604.00
As part of the consent agenda, it was moved by Kennedy, seconded by Hodges, to award the bid to Lee Mathews, in the amount of $43,236.00. Motion carried unanimously.
As part of the consent agenda, it was moved by Kennedy, seconded by Hodges, to set a bid date of June 27, 2000, 2:00 p.m., for the Habitat Neighborhood Addition No. 4 sanitary sewer improvements. Motion carried unanimously.
As part of the consent agenda, it was moved by Kennedy, seconded by Hodges, to authorize a twenty-four (24) month lease purchase of OCE 2600 Copier of City Hall. Motion carried unanimously.
As part of the consent agenda, it was moved by Kennedy, seconded by Hodges, to place on first reading Ordinance No. 7225, changing the name of Bently Place to Bently Drive and Winston Court to Winston Drive in Deerfield Woods Subdivision No. 4. Motion carried unanimously. (1)
As part of the consent agenda, it was moved by Kennedy, seconded by Hodges, to place on first reading Ordinance No. 7223, defining and regulation Disorderly House Nuisances. Motion carried unanimously. (2)
As part of the consent agenda, it was moved by Kennedy, seconded by Hodges, to place on first reading Ordinance No. 7224, adopting the 1999 National Electrical Code, with amendments. Motion carried unanimously. (3)
Rundle asked it there were any easements or rights-of-way involved with the Agreement to Plat for Talbot’s Retail, located at 7th & Vermont.
Linda Finger, Planning Director, said staff used the Agreement to Plat in two (2) ways. The first was in large unplatted ground and the second was to combine several different parcels to combine into one (1) platted lot. The Talbot’s platting was brining in bits and pieces of several platted parcels to make the one (1) lot. She thought no easements or rights-of-way would be involved in the replatting. The City’s Planning Consultants were looking into ways of simplifying this process.
Rundle expressed a concern the Agreement to Protest was not part of the Zoning Ordinance and recognized this type of platting was a prime candidate for an abbreviated platting process.
Moved by Kennedy, seconded by Dunfield, to approve the Agreement to Plat and authorize the City Manager to execute an agreement with Talbot’s Retail, 7th & Vermont. Aye: Henry, Dunfield, Hodges and Kennedy. Nay: Rundle. Motion carried. (4)
As part of the consent agenda, it was moved by Kennedy, seconded by Hodges, to concur with the Planning Commission’s recommendation to approve a Preliminary/Final Development Plan (PDP-3-9-00 & FDP-3-2-00) for McDonald’s Restaurant, to be located northwest of the intersection of West 33rd and Iowa Street, subject to the following conditions:
1. Provision of:
a. A note on the face of the Final Development Plan that states: “The developer shall be responsible for all necessary changes (to the intersection of 33rd Street and Iowa Street) and equipment required to implement the recommended right-turn phases, as discussed in the TIS”; and,
b. Timing plans per approval of the Traffic Engineer.
2. Provision of additional traffic study information detailing the feasibility and effectiveness of: a) traffic signal at 33rd and Nieder Road and b) a roundabout at 33rd and Nieder for consideration of Public Works Staff;
3. Execution of an Agreement Not-to-Protest the Formation of a Benefit District for intersection improvements at 33rd and Nieder Road;
4. Approval by the City and KDOT staff of the West 33rd and Iowa Street Intersection Improvement Project Plans;
5. Execution of a Site Plan Performance Agreement;
6. Provision of a Revised Landscape Plan for the area along South Iowa per staff approval;
7. Provision of a Revised Plan to include details of proposed segmental block retaining wall and trash enclosure and provision of a note to state that screen all mechanical equipment shall be screened in accordance with Section 20-14A04;
8. Provision of a Revised Plan to show that the existing curb cut along 33rd Street shall be removed and new curb and gutter line installed; and,
9. Approval of the reduced pavement setback from 30’ to 25’ along the east property line.
Motion carried unanimously. (5)
As part of the consent agenda, it was moved by Kennedy, seconded by Hodges, to approve the proposed amendments to the Transportation Improvement Program (TIP) for FY 2000-2004. Motion carried unanimously. (6)
Karin Rexroad, Public Transit Administrator, presented the Americans with Disabilities Act Implementation Plan. Two (2) public hearings were held in October and May. The Public Transit Advisory Board after receiving additional input and several revisions, approved the ADA Implementation Plan. The Planning Commission reviewed and approved the plan on May 24, 2000. The plan followed the American with Disabilities Act and covered the entire City.
Moved by Kennedy, seconded by Hodges, to approve the Americans with Disabilities Act Implementation Plan and authorize the Mayor and City Manager to sign the appropriate documents. Motion carried unanimously. (7)
David Corliss, Legal Services Director, presented the staff report concerning enforcement issues with the City’s Street Tree Ordinance Requirements. Problems included trees promised by the owner or developer, but never planted or the planted trees die. The City would discover a missing or dead tree after occupancy of the home and there would be a dispute as to whether the developer, builder or owner was responsible for the planting of the tree and/or warranty of the tree. A Municipal Citation would be issued against the homeowner for the missing or dead tree and the owner probably was neither aware of the requirement nor responsible for the tree. The citation did not result in a planted tree. At the present time, the developer or owner signed a Performance Agreement or escrow funds for tree planting. Staff was looking at various alternatives and potential code amendments. One (1) recommendation was to remove the agreement option and require escrow deposits for all tree plantings. If the tree were planted and met the two (2) years warranty period, funds would be returned. If the tree was not planted, the City had the funds to plant the tree. Staff was recommending meeting with builders and/or developers to discuss amendments to the existing code.
Hodges expressed a concern about some of the recommendations. He saw a potential increase in the cost of housing with the homeowner paying for trees twice and the developer getting money back.
Rundle asked if other Street Tree Ordinances were reviewed.
Corliss said there were several Street Tree Ordinances in Johnson County including one (1) Ordinance that had a fee paid up front with the City planting the trees. A lot of Cities did not have this type of Ordinance.
Lee Queen, President, Lawrence Home Builder’s Association, supported the Tree Ordinance. Most builders and developers thought it was a good idea as long as everybody did it. He gave several examples of trees planted by the developer and the homeowner either moved the tree or killed the tree by watering or lack of watering. The Lawrence Home Builder’s Association was interested in working with City staff to develop a program that would work.
Ron Durflinger, a home builder, said the Ordinance was a good concept and needed amendments to make it enforceable and practical. He suggested treating trees as infrastructure which would be installed by the developer and the City taking responsibility for maintenance of the tree. He also suggested the developer pay a fee at the time applying for a Building Permit with City staff planting the trees or contracting for planting of the trees in the fall. By buying and planting the trees in bulk, savings could be accomplished.
Moved by Rundle, seconded by Dunfield, to direct staff to work with interested parties to review and make recommendations for amendments to the Street Tree Ordinance. Motion carried unanimously. (8)
Gene Shaughnessy, Chief Building Inspector, presented the staff report concerning possible amendments to the City Sign Code to allow signage in Office Districts. The Sign Ordinance had no requirements for Office Districts. The current sign regulations provided for signage in Residential Office and/or Commercial Activities. The Residential Office Zoned properties would allow one (1) wall sign up to ten square feet (10’) per building. If the area of the property was one (1) acre or larger, a monument sign not to exceed sixteen square feet (16’) could be allowed with restrictions to the wall signs. Staff was recommending new sign regulations that fall between the requirements for RO Zoning and Commercial Zoning. At that present time, staff had asked the Lawrence Medical Plaza, the first business to develop in the O-1 zone, to submit a variance request to the Sign Code Board of Appeals. Shaughnessy requested direction from the City Commission.
Rundle asked if the Zoning Consultant was reviewing the Sign Code.
David Corliss, Legal Services Director, said they were reviewing the Sign Code, but did not anticipate many changes. The changes were a better clarification of language to define the regulations. He suggested the City Commission direct staff to amend the Sign Ordinance to be reviewed by the consultant.
Moved by Kennedy, seconded by Rundle, to direct staff to prepare a Sign Ordinance for O-1 Zoning as presented by staff. Motion carried unanimously. (9)
Dunfield asked how the City should deal with the Lawrence Medical Plaza Project. The applicant was seeking more signage than recommended by the Building Inspection staff.
Mike Wildgen, City Manager, suggested the City Commission tentatively approve the guidelines presented by staff which would be passed on to the Sign Code Board of Appeals.
The City Commission concurred to approve staff’s recommendation using the proposed guidelines for the Lawrence Medical Plaza and Surgical Center.
Rundle suggested contacting the applicant to see if they were willing to change their request to conform to staff’s recommendation. (10)
Price Banks, Attorney, representing Jeffrey E. Smith Development Inc., requested the City Commission authorize a temporary alternate improvement of Monterey Way adjacent to Spring Hill Subdivision, Phase 2. The Planning Commission, at the May meeting, approved the Final Plat subject to Monterey Way being under construction prior to issuance of building permits and subject to no permits being issued prior to completion of the street among other conditions. The owner had agreed to sign an Agreement Not-to-Protest the Benefit District for improvements to Monterey way and Peterson Road and block direct access from the subdivision to Monterey Way. The owner was willing to improve Monterey Way with a chip and seal surface from the improved portion to Peterson Road in order to develop the subdivision. The result would be a hard surface street much earlier than would be possible if improvement were delayed until all parties were signed up for the benefit district. Banks said another condition was to connect the sewer improvements to the proposed relief line serving the area. They would like the flexibility to connect to other lines in the area until the relief line was built. Banks said the developer was willing to work with staff to work out the details.
Kennedy asked who was responsible for maintenance for this road.
George Williams, Public Works Director, said the City was responsible for maintenance through an agreement with Wakarusa Township.
Rundle asked it the developer had discussed participation in a benefit district with the property owner across the road.
Banks said the development on that side of the road was not far enough along for them to commit at this time.
Rundle suggested attempting to form the benefit district at this time.
Moved by Dunfield, seconded by Hodges, to concur with the Planning Commission’s recommendations, to approve the Final Plat (PF-3-6-00) for Spring Hill No. 2, which was a 53-lot residential subdivision containing approximately 20.688 acres, property located south of Peterson Road and west of Monterey Way, subject to the following conditions:
1. Execution of the necessary agreements for Monterey Way and Peterson Road improvements as follows:
a. Execution of an agreement by the current property owners not-to-protest the formation of a benefit district for Peterson Road and Monterey Way for street and sidewalk improvements;
b. Execution of an agreement that Monterey Way be under construction prior to the issuance of building permits. No occupancy permits be issued prior to Monterey Way’s completion; and,
c. Provision of a note on the face of the Preliminary Plat to state the proposed development will not be connected to the existing sanitary sewer lift station and it will use the new relief line to the east.
2. Special Assessments to be respread by applicant’s engineer per the City Engineer’s approval;
3. Provision of a Revised Final Plat to add the following note: “Private fences will not be permitted in the public right-of-way per Section 16-603 for lots adjacent to Monterey Way and Peterson Road.”
4. Provision of Revised Preliminary and Final Plat per the approval of the Stormwater Engineer prior to the consideration of the Final Plat by the City Commission to include: provision of continuous drainage easements to the R/W lines for the following lots:
a. Lots 6, Block 2; continuous D/E to R/W lines to cover storm sewer (as shown on Preliminary Plat);
b. Lot 14, Block 4; between Spring Hill Ct and Monterey Way right-of-way;
c. Lot 4, Block 4; between Victoria Ct and the D/E along the southern property line;
d. Label north/south D/E (back to south property line); and
e. Lot 5, Block 3; between Andrew Place and Monterey Way.
5. Provision of compensation for Rural Water District No. 1 facility prior to the consideration of a Final Plat by the City Commission;
6. Provision of a 25’ UE along Monterey Way, per KPL and SWB review comments from Preliminary and Final Plat;
7. Provision of public improvement plans to include a barricade for Spring Hill Drive from Monterey Way per the City Engineer’s approval;
8. Provision of a note on the face of the Final Plat to note there shall be no access to Monterey Way or Peterson Road for Lot 1, Block 1; Lots 1-4, Block 3; Lots 5-10 and Lot 19, Block 3; and Lot 13-17, Block 4;
9. Dedication by separate instrument of a 10’ Pedestrian Easement along the north property line of Lot 9, Block 4, Spring Hill Subdivision No. 1;
10. Provision of a Revised Final Plat to include a 10’ Pedestrian Easement between Lots 2 and 3, Block 4, Spring Hill No. 2;
11. Provision of public improvement plans for sanitary sewer installation per the City Engineer’s approval to connect the development to the planned system to the east of Monterey Way; and,
12. Execution of an agreement with the City that restricted building permits for the proposed development to its connection to the new relief sanitary sewer line to the east.
Motion carried unanimously. (11)
Moved by Dunfield, seconded by Hodges, to authorize staff to place on a future agenda, Annexation Ordinances for the area. Motion carried unanimously.
Banks requested the City initiate a benefit district for the improvements to Monterey Way.
The City Commission concurred to direct staff to initiate the Annexation process and formation of a benefit district for Monterey Way.
Wayne Parkinson asked the City Commission to consider the safety of children using pedestrian crosswalks around Elementary Schools and to direct staff to paint these crosswalks. He presented pictures of crosswalks not being painted.
Mike Wildgen, City Manager, said staff would have a report on crosswalks around Elementary Schools in about two (2) weeks.
Moved by Rundle, seconded by Kennedy, to adjourn at 8:05 p.m. Motion carried unanimously.
APPROVED:
_____________________________James R. Henry, Mayor
ATTEST:
___________________________________
Raymond J. Hummert, City Clerk
COMMISSION MEETING JUNE 13, 2000
1. Ordinance No. 7225 – 1st reading, name change, Bently Pl to Bently Dr & Winston Ct to Winston Dr.
2. Ordinance No. 7223 – 1st Reading, define & regulate Disorderly House Nuisances.
3. Ordinance No. 7224 – 1st Reading, 1999 National Electrical Code.
4. Agreement to Plat – Talbot’s Retail, 7th & Vermont.
5. Prelim & Final Dev Plan – (PDP-3-9-00 & FDP-3-2-00) McDonald’s Restaurant, NW of intersection of W 33rd.
6. Transportation Improvement Program – (TIP) amendments for FY 2000-2004.
7. Americans with Disabilities Act Implementation Plan.
8. Street Tree Ordinance discussion.
9. Sign Code in Office Districts.
10. Signage – Lawrence Medical Plaza.
11. Final Plat – (PF-3-6-00) Spring Hill No. 2.