July 25, 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 Henry proclaimed the week of August 1 – 7,, 2000 to be “Breastfeeding Awareness Week.”
As part of the consent agenda, it was moved by Hodges, seconded by Kennedy, to approve the City Commission meeting minutes of July 18, 2000. Motion carried unanimously.
As part of the consent agenda, it was moved by Hodges, seconded by Kennedy, to receive the Sister Cities Advisory Board meeting minutes of June 14, 2000; and, Lawrence Public Library Board meeting minutes of June 21, 2000. Motion carried unanimously.
As part of the consent agenda, it was moved by Hodges, seconded by Kennedy, to approve claims in the amount of $738,702.80. Motion carried unanimously.
As part of the consent agenda, it was moved by Hodges, seconded by Kennedy, to approve the Drinking Establishment Licenses for Rick’s Place, 623 Vermont (Contingent Upon State License); Molly McGee’s, 2429 Iowa, No. H (Contingent Upon State License); and, the Retail Liquor License for Discount Liquor, 1805 West 2nd. Motion carried unanimously.
The City Commission reviewed the bids for Lyons Park Restrooms for the Parks and Recreation Department. The bids were:
BIDDER BID
Penny Construction $49,997.77
BA Green Construction $60,756.12
As part of the consent agenda, it was moved by Hodges, seconded by Kennedy, to award the bid to Penny Construction in the amount of $49,997.77. Motion carried unanimously.
The City Commission reviewed the bids for Centennial Park parking lot improvements for the Parks and Recreation Department. The bids were:
BIDDER BID
Engineer’s Estimate $38,000.00
Penny Construction $34, 997.77
LRM Industries $35,385.00
As part of the consent agenda, it was moved by Hodges, seconded by Kennedy, to award the bid to Penny Construction in the amount of $34,997.77. Motion carried unanimously.
Ordinance No. 7236,establishing “no parking” on Oread Avenue, west side, 260 feet south of 12th Street to 13th Street; and, establish “no parking” on Mississippi Street, east side, from 50 feet south of the southwest corner of Lot 7, Block 8, Oread Addition, thence north 260 feet was read a second time.
As part of the consent agenda, it was moved by Hodges, seconded by Kennedy, to adopt the ordinance. Aye: Dunfield, Henry, Hodges, Kennedy, and Rundle. Nay: None. Motion carried unanimously. (1)
Ordinance No. 7226,establishing zoning text amendments for sexually oriented businesses was read a second time.
As part of the consent agenda, it was moved by Hodges, seconded by Kennedy, to adopt the ordinance. Aye: Dunfield, Henry, Hodges, Kennedy, and Rundle. Nay: None. Motion carried unanimously. (2)
Ordinance No. 7227,establishing certain business regulations for sexually oriented businesses was read a second time.
As part of the consent agenda, it was moved by Hodges, seconded by Kennedy, to adopt the ordinance. Aye: Dunfield, Henry, Hodges, Kennedy, and Rundle. Nay: None. Motion carried unanimously. (3)
As part of the consent agenda, it was moved by Hodges, seconded by Kennedy, to adopt Resolution No. 7239, authorizing the completion of an application to the Kansas Department of Health and Environment regarding a $5,620,015.00 loan from the Kansas Public Water Supply Fund for the Kaw Water Plant Lime Residuals Project. Motion carried unanimously. (4)
As part of the consent agenda, it was moved by Hodges, seconded by Kennedy, to approve the site plan (SP-11-80-99) for a Revised Site Plan for Henry’s, 11 East 8th, subject to an addition of a fire escape to the west side of the building, encroaching into the public alley and a Use of Public Right-of-Way permit approval. Motion carried unanimously. (5)
As part of the consent agenda, it was moved by Hodges, seconded by Kennedy, to approve the site plan (SP-05-32-00) for construction of a multi-phase office development at the northeast corner of Peterson Road and Kasold Drive, subject to the following conditions:
1. Execution of a Site Plan Performance Agreement;
2. Execution an agreement not to protest the formation of a benefit district for Kasold Drive;
3. Provision of a revised plan per the approval of the City Stormwater Engineering to include the following:
a. Public improvement plans for the storm drainage system must be submitted to the Public Works Department for review prior to release of the plan to the Building Inspection Division;
b. Label all easements. Provide adequate drainage easements for the proposed stormwater system;
c. Add a note to the plan stating that occupancy permits for proposed buildings will not be issued until the required public drainage improvements are complete, final inspection and accepted by the Public Works Department;
4. Provision of a Revised Traffic Impact Study before Phase II is started to determine if a deceleration lane is warranted;
5. Execution of an agreement not to protest a benefit district for the improvement of the intersection of Kasold and Peterson should be provided;
6. Revise Site Plan to reflect Legal Description: Lot 1, Deerfield Woods No. 7;
7. Filing of the Final Plat at the Register of Deed’s office prior to the release of the Site Plan to Building Inspection for issuance of a Building Permit; and,
8. Provision of a Revised Site Plan to clearly show a 10’ Utility Easement along Kasold and to clearly note easements around perimeter of the Lot as shown on Final Plat.
Motion carried unanimously. (6)
As part of the consent agenda, it was moved by Hodges, seconded by Kennedy, to authorize the Mayor to sign two (2) Releases of Mortgage for Fredericka Brown, 901 Pennsylvania. Motion carried unanimously. (7)
As part of the consent agenda, it was moved by Hodges, seconded by Kennedy, to authorize the Mayor to sign a Release of Mortgage for Michael Edward Grandstaff, 2108 Ohio. Motion carried unanimously. (8)
As part of the consent agenda, it was moved by Hodges, seconded by Kennedy, to approve a grant with the Kansas State Historical Society for Blanton’s Crossing Historic Survey Project. Motion carried unanimously. (9)
Mayor Henry informed the City Commission the applicant for the Westwood Hills annexation and rezonings asked for a three (3) week deferral to August 15, 2000, to discuss those items.
The City Commission concurred to defer the request for the annexation and rezonings of Westwood Hills Development until August 15, 2000.
Rundle asked the status of the plat for that area. He expressed a concern about street alignments and the proposed rezoning.
Linda Finger, Planning Director, said minor adjustments to zoning were made after plats were approved. At times, zoning requests did not match the plats. When the zoning requests do not match, Planning Staff made minor adjustments, administratively. On significant adjustments, rezoning needed to take place.
Rundle expressed a concern not only about the alignment of Wakarusa, but internal traffic configurations with adjacent parcels.
Mike Wildgen, City Manager, said the City Commission could ask the Planning Commission to defer the decision on the Preliminary Plat until after the August rezoning reviews by the City Commission.
Tim Herndon, representing the applicant, expressed a concern about tabling the Preliminary Plat when minor adjustments to rezoning could be done administratively by the Planning Staff.
Kennedy suggested staff pull from the Planning Commission’s Consent Agenda, the Preliminary Plat for the Westwood Hills Project and staff express the City Commission’s concern about street alignments to the Planning Commission.
The City Commission concurred. (10)
Dunfield said he would not participate in the discussion and vote on the Site Plan for the Downtown 2000 Redevelopment project/Arts Center in the 900 Block of New Hampshire because of a potential conflict of interest.
Linda Finger, Planning Director, presented staff’s recommendation on the Site Plan. Two (2) potential areas of concern to the applicant were the staff’s recommendation to eliminate diagonal parking and the need for the traffic study to address angle parking on a collector street, traffic and pedestrian circulation and bus and bicycle circulation in the area. Finger requested if the City Commission allowed angle parking on this project, they should provide specific instructions on the use of angle parking on the New Hampshire Corridor. The use of angle parking was in conflict with the General Urban Design Principles, the Bicycle Work Program, and recommendations found in Horizon 2020.
Jeff Smalberg, representing 9-10 LLC, said staff’s recommendation concerning the elimination of angle parking challenged the basic premise in concept of the proposed project. That premise was to provide additional retail space with adequate and easily accessible parking to enhance Downtown by expanding upon the level of comfort and the appearance of the Massachusetts street corridor. Angled parking, tree line streets, pedestrian friendly and safety were all images connected to this successful area. In order to attract tenants, customers and investors to the project, it was necessary for this area to be viewed as a continuum of what people think of as Downtown Lawrence. If this project designed and constructed something that emulated proven success and enhanced Downtown Lawrence, then this should not be a poor precedent to set. He said angle parking was important to the project’s success.
Dale Glenn, GLPM Architects, said this was not a typical Downtown development. It involved a full block of redevelopment. He presented schematic drawings of the project from its inception. It was always the intent of the project to take as an advantage the look and feel of Massachusetts Street which included angle parking. The original proposal used saw tooth curbing for the angle parking. After discussions with staff, the saw tooth concept was eliminated from the design because of maintenance problems. The traffic study conducted by George Butler and Associates adequately addressed pedestrian circulation in the area. He requested the City Commission adopt the traffic study as submitted without further revisions or review and direct staff to work with the applicant on the speed table design. Concerning the public improvement plans for downstream storm drainage systems, the applicant met with the City’s Stormwater Engineer and agreed to make an in-lieu contribution for storm drainage improvements downstream from this project. The design of these off-site improvements was out of the applicant’s hands and the project should not be held up because of these improvements. He said the reviews by Planning Staff of building plans was redundant and should not be required since the Architectural Review Committee of the HRC would be reviewing and making suggestions to the building plans. Glenn expressed a concern about the condition to include a note stating that occupancy permits would not be issued until Downtown improvements were completed because those improvements were out of the hands of the developer. Condition No. 12 requiring parking for the C-4A was already determined and addressed in the redevelopment agreement.
Rundle asked what additional items needed to be included in the traffic study.
George Williams, Public Works Director, said he thought the traffic study should address angle parking on a collector street, traffic and pedestrian circulation and bus and bicycle circulation. New Hampshire street was defined as a minor arterial street and was designed to carry a large percentage of traffic in the Downtown area. Construction of on-street angle parking on the east side of New Hampshire could interfere with this function as a minor arterial. He thought the angle parking would impact the traffic circulation pattern and tend to force traffic to adjacent streets. The traffic study did not address that. The traffic study did make a number of recommendations related to pedestrian circulation including the use of pedestrian islands and same intersection improvements. There was a concern about the thoroughness in the discussion regarding recommended traffic control devices for 9th and 10th Street intersections. Williams said staff has received numerous complaints about pedestrian circulation at those intersections.
Smalberg said the scope of the traffic study was developed with staff and the applicant with the City and applicant sharing in the cost. He thought it was inappropriate to add to the scope at this time because the issues concerning staff were addressed in the initial scope.
Jamie Gilbert, George Butler and Associates, explained the results of the traffic study. He thought the pedestrian issues were addressed by bulbing out the intersections. In addition, this helped to define the parking areas which allowed for better traffic flow. Warrants for changing the traffic control devices at the various intersections were not met. Angle parking may cause more traffic accidents, but these accidents would be less sever and lower in costs.
Earl Reineman, Weaver’s Department Store, said New Hampshire was different than Massachusetts. He asked what was wrong with setting a precedent when it worked. He thought angle parking would work. Reineman urged the City Commission to approve the Site Plan as prepared.
Martin Moore, an applicant, presented information from a merchant supporting angle parking. He said angle parking was more efficient for customers.
Betty Alderson expressed a concern about the angle parking. She asked the City Commission to consider the impact of the parking on traffic patterns on New Hampshire.
Rundle was comfortable with staff and the applicant working out the various issues concerning storm water and the traffic study. New Hampshire was different than Massachusetts Street and thought the angle parking should be eliminated. The additional parking provided by the parking structure would meet the parking needs of the area.
Kennedy supported angle parking.
Rundle said angle parking would be in conflict with several policies of the City. The City Commission should be careful in making exceptions to those policies. He did not see sufficient cause in this particular situation to make exceptions.
Henry supported the use of angle parking because of the scope of the project.
Hodges said from the beginning, he thought the concept of the project was to mirror Massachusetts. The goal was to make the project successful in order for the Tax Increment from both the sales tax and increased property values to pay for the public improvements. Hodges suggested approving the Site Plan with revision to Condition No. 3, accepting the traffic study as committed without further revisions or review and direct staff to work with the applicant on the speed table design and the elimination of Conditions No. 5, 7, 8, 9 and 11.
Moved by Hodges, seconded by Kennedy, to approve the site plan (SP-5-35-00) for the Downtown 2000 Redevelopment Project/Lawrence Arts Center in the 900 block of New Hampshire Street, subject to the following conditions:
1. Execution of a Site Plan Performance Agreement; (per 20-1433);
2. Execution of an agreement between the City of Lawrence and the Developer to provide an “in-lieu-of” payment for the construction of the required number of parking spaces; (per 20-705.4)
3. Work with staff on the speed table design;
4. Submission and approval of a proposed street and streetscape improvement plans; (per Public Works, Parks and Recreation, and Planning)
5. Submission and approval of trash enclosure specifications; (per Solid Waste Division)
6. Revision of the Site Plan to include a note indicating that street and streetscape improvements shall be designed and approved as a condition of the approval of this Site Plan. Street improvements shall be completed prior to the issuance of any occupancy permit. Streetscape improvement shall be completed prior to the issuance of occupancy permits associated with each phase of the development.
7. Revision of the Site Plan to include the following miscellaneous corrections:
a. Correct current zoning to read C-3 and C-4
b. Make the following changes to parking table:
Ø Correct number of parking spaces in garage;
Ø Break out the parking requirements for the Arts Center into performance hall which is 8,000 square feet of the 40,000. Do, thirty (30) spaces at one (1) to one-hundred (100) seats and remaining space at 22, 400 net square feet (One (1) space for every 850 square ft.) for a total of twenty-six (26) spaces;
Ø Parking spaces for other C-4 areas should be 1/850 per 20.705.4.7-there is not residential on the C-4 sections;
c. Correct parking note No. 5 to reflect these changes-Also take and add note No. 12 to note No. 5;
d. List the replat in the legal description and additional legal description for the east side of New Hampshire; and,
e. Show the existing buildings as dotted lines.
Aye: Henry, Hodges and Kennedy. Nay: Rundle. Abstain: Dunfield. Motion carried. (11)
Mike Wildgen, City Manager, said the City Commission conducted several study sessions on “rental housing” and single-family zoning issues. If the City Commission wanted to proceed with the possible reduction of unrelated persons in the zoning code, a text amendment should be initiated for the Planning Commission’s consideration, hearing and recommendation. This should include the related issues of non-conforming uses, enforcement and exceptions to the amendments.
Bill Mitchel said stable neighborhoods were healthy for a community. He asked the City Commission to help save inter city neighborhoods by changing the number of unrelated individuals living in single-family housing units from four (4) to two (2). Neighborhoods need an infusion of care and nurturing. Additional enforcement was needed for existing codes and any potential changes.
Jerry Schultz, Centennial Neighborhood Association, supported the change in the Zoning Ordinance from four (4) unrelated individuals to two (2) individuals in single-family housing.
David Geyer, Lawrence Association of Neighborhood’s, said LAN supported reducing the number of unrelated individuals from four (4) to two (2) in singe-family housing and landlord registration. Additional fees generated by landlord registration would support additional enforcement staff.
Betty Alderson, 1920 Maine, said all neighborhoods had seen an intrusion of rental units. She supported reducing the number of unrelated individuals. It was a problem facing all sections of the community.
Barbara Schaible, Centennial Neighborhood Association, expressed a concern about the proposed reduction in unrelated individuals on house sharing and other special kinds of living arrangements. Under the proposed Ordinance, she could not have her two (2) godchildren living with her while attending the University of Kansas because they pay minimal rent. She asked the City Commission to look at exceptions to provide for house sharing and other special arrangements and be creative and aware of the need for affordable housing.
Bob Levin, Centennial Neighborhood Association, supported reducing the number of unrelated individuals from four (4) to two (2).
Bill Schulte, a property owner and landlord, said the City Commission should enforce the current laws. He suggested looking closely at the existing situation before changing. Changing the number of unrelated individuals from four (4) to two (2), would put a greater burden on the need for the City to grow and add infrastructure improvements. He urged the City Commission to use caution in changing the existing Ordinance.
Rick Thompson, Centennial Neighborhood Association, said there were significant problems with rental units in single-family neighborhoods. He suggested the City Commission needed to be assertive with landlords that violated existing Ordinances. The present definition of unrelated individuals favored the investor and not the single-family homeowner.
Scott Bailey, Centennial Neighborhood Association, asked the City Commission to consider the impact of deteriorating single-family residential neighborhoods on the school system. As families moved to other areas, new schools needed to be built. He asked the City Commission to consider maintaining and enhancing the vitality of neighborhoods by encouraging single-family units to remain as family units.
Carmen Hocking, a landlord, said by reducing the number of unrelated individuals to two (2), the City Commission would be discriminating against young people. Their units were positive additions to the neighborhoods. They needed to have four (4) people to maintain the quality of their housing units and to be good neighbors.
David Holroyd, a landlord, suggested the City Commission discuss this issue with Realtors and Banking Institutions. Several single-family homes recently on the market could not be sold to families because of the cost. If the number of unrelated individuals were reduced to two (2), there would be additional foreclosures because people could not generate enough revenue to pay for the dwelling units.
Andrew Bailey, Community Affairs Director, University of Kansas, asked the City Commission not to act before the students could explain the impact on them by reducing the number of unrelated individuals in a single-family house. The proposed changes to reduce the number of individuals would have a negative impact on students. It would result in an immediate displacement of students. He suggested the City should place additional efforts on enforcement. It was necessary and good for the City to have students living in these units because for the most part, they were good neighbors.
William Hocking said the proposed reduction in unrelated individuals would discriminate against young people and students. He suggested tighter enforcement of existing laws especially on bad landlords. The proposed changes would hurt investments made by good landlords.
Debra Snyder thanked staff and the City Commission for their work on making neighborhood livable.
Mark Lehmann, 639 Mississippi, said by changing the number of unrelated individuals from four (4) to two (2), it would make liars out of landlords and make landlords find ways around the Ordinance. He suggested tougher enforcement of existing laws by arresting violators. He tried to upgrade the neighborhood with his dwelling units. It was against the law to discriminate against familial status and the proposed Ordinance would make the landlord ask questions that could allow additional discrimination.
Rundle said the proposed reduction in unrelated individuals for single-family units was not targeted at students. There were sufficient multi-family dwelling units available for students. In addition, the proposed Ordinance would give adequate time to comply and provide exceptions for those special cases. He would like to see the Planning Commission consider the amendment reducing the number of individuals in a single-family dwelling from four (4) to two (2).
Hodges said the City Commission started to discuss this issue over two (2) years ago. Protecting single-family neighborhoods was important. Multi-family dwelling units were not intended in RS-1 and RS-2 neighborhoods. Hodges suggested reducing the number to three (3) unrelated individuals with enforcement being important.
Henry said maintaining neighborhoods was important and supported referring this issue to the Planning Commission for discussion.
Dunfield said having four (4), three (3), or two (2) individuals were not as important as the understanding that traditional enforcement of these numbers needed to be improved. Whatever number was picked, the details of implementation were important. He suggested two (2) individuals was a good starting point.
Kennedy hoped for a solution that would work for tenants, landlords, neighborhoods and students. He suggested three (3) individuals.
Moved by Kennedy, seconded by Dunfield, to direct staff to develop a Draft Ordinance reducing the number of unrelated individuals with the appropriate exceptions and return the issue to the City Commission’s agenda for discussion and referral to the Planning Commission. Motion carried unanimously. (12)
Mayor Henry called a public hearing on the proposed special assessment benefit districts for the improvement of Comet Lane south of West 6th Street; and 7th Street between Comet Lane and Monterey Way.
George Williams, Public Works Director, presented the proposed benefit districts for Comet Lane and 7th Street. The proposed method of assessment was on a front footage basis for both projects. The proposed cost for Comet Lane was $200,000.00 and 7th Street the estimated cost was $250,000.00.
David Corliss, Assistant City Manager, presented schematic drawings of the proposed benefit districts. The construction of Comet Lane and West 7th Street were conditions on the Development Plan for the property being developed on the Bush Tract by ?????, but the City Commission did not have to use benefit district financing for those improvements. On the Comet Lane improvements, Corliss anticipated receiving right-of-way for the western portion of the street. On the eastern portion of the street, he thought it would take time to acquire the right-of-way from the Davenport’s. On the 7th Street project, agreements not-to-protest the formation of a benefit district were in place except for the Daugherty’s property who opposed the construction.
Vernon Jarboe, representing the Daugherty, spoke in opposition to the formation of the 7th Street benefit district. A previous benefit district ordered by the City Commission, was based upon square footage assessment. At that time, the tract identified as Tract No. 4, or Space Saver, was included in the benefit district as well as tracts on Comet Lane. It was his understanding that Tract No. 4 did not have access to 6th Street or Monterey Way and only was able to obtain access to West 7th Street. The original benefit district was more appropriate to development of the benefit district because of its size and based upon a square footage assessment. The benefit district presented tonight would increase the participation by his client from 7.8 percent to 25 percent. The cost was the same cost as the Bush Tract which needed the improvements to proceed with the development. Jarboe said 7th Street was being built because of the need of access for the properties on Comet Lane. This benefit district was not fair to the Daughtery’s
Rundle asked if it was appropriate to assess the property on the degree of benefit.
Corliss said it was difficult to identify a percentage of benefit to the various properties in the area. A front footage basis was appropriate for this development. The original development plan, developed in 1989 showed these improvements. The Space Saver Tract was eliminated from the benefit district because they do not abut 7th Street. Cross Access Easements could be obtained by Space Saver across Tracts No. 2 and No. 3 to Comet Lane for access. Other properties were taken out of the benefit district for the same reason.
Rundle asked by approving these benefit districts, if the City was forcing development of the area by building infrastructure.
Linda Finger, Planning Director, said the original development plan in 1989 showed these improvements for the project. She was aware that the Daugherty property was marketed as commercial property in conformance with the Preliminary Development Plan.
Moved by Rundle, seconded by Kennedy, to close the public hearing. Motion carried unanimously.
Moved by Kennedy, seconded by Dunfield , to direct staff to proceed with the formation of a benefit district for financing the improvements to Comet Lane, south of West 6th Street as recommended by staff and prepare the appropriate Resolutions. Motion carried unanimously. (13)
Kennedy suggested that for the benefit district on 7th Street, a square footage basis of assessment was more appropriate.
Moved by Kennedy, seconded by Henry, to direct staff to proceed with the formation of a benefit district for West 7th Street, between Comet Lane and Monterey Way based upon a square footage assessment and direct staff to prepare the appropriate Resolutions. Motion carried unanimously. (14)
Moved by Hodges, seconded by Kennedy, to extend the City Commission meeting until 10:30 p.m. Motion carried unanimously.
Kyle Mieras, Planner, presented the annexation and related rezoning request of approximately ten (10) acres generally located west of Queens Road (East 1000 Road) and north of West 6th Street (U.S. Hwy. 40). This property was for the Bishop Seabury Academy. The Planning Commission unanimously recommended approval of both the annexation and rezoning requests.
Tim Herndon, representing the applicant, said he was surprised these items were not on the consent agenda because they were unanimously recommended by the Planning Commission.
Mike Wildgen, City Manager, said staff placed these items on the regular agenda to inform the City Commission that approval of the annexation and rezoning would not guarantee the infrastructure improvements needed for these developments. The timing for infrastructure improvements include the availability of City water service and the ability to provide appropriate fire protection for these properties as well as sanitary sewer. Another issue to consider was the improvement to West 6th Street in this area which was only two (2) lanes at this time.
Moved by Hodges, seconded by Rundle, to concur with the Planning Commission’s recommendations and approve the annexation (A-05-04-00) request of approximately ten (10) acres generally located west of Queens Road (East 1000 Road) and north of West 6th Street (U.S. Hwy. 40); and, direct staff to prepare the appropriate Ordinance with the understanding that approval did not insure appropriate infrastructure improvements were in place and subject to the following conditions:
1. Approval of the rezoning request;
2. Dedication of necessary right-of-way for fence line road; and,
3. Provision of agreements not-to-protest the formation of benefit districts for street, sidewalk and sanitary sewer improvements.
Motion carried unanimously. (15)
Moved by Hodges, seconded by Rundle, to concur with the Planning Commission’s recommendations to adopt the findings of facts and approve the request for rezoning (Z-05-14-00) of approximately the (10) acres from A (Agricultural District) to RS-1 (Single-Family Residence District), property generally located west of Queen’s Road (East 1000 Road) and north of West 6th Street (U.S. Hwy. 40); and, direct staff to prepare the appropriate Ordinance with the understanding that approval did not insure appropriate infrastructure improvements were in place and subject to the following conditions:
1. Approval of related annexation request; and,
2. Approval of a site plan which addresses access, life, safety and utility issues.
Motion carried unanimously. (16)
Kyle Mieras, Planner, presented the annexation and related rezoning request of approximately twenty (20) acres generally located west of Queens Road (East 1000 Road) and north of West 6th Street (U.S. Hwy. 40). The Planning Commission unanimously recommended approval of both the annexation and rezoning.
Mike Wildgen, City Manager, said the same conditions applied to this development and the City could not guarantee infrastructure improvements would be available for development of this project.
Moved by Hodges, seconded by Rundle, to concur with the Planning Commission’s recommendations to approve the annexation (A-05-05-00) request of approximately twenty (20) acres generally located west of Queens Road (East 1000 Road) and north of West 6th Street (U.S. Hwy. 40); and, direct staff to prepare the appropriate Ordinance with the understanding that approval did not insure appropriate infrastructure improvements were in place and subject to the following conditions:
1. Approval of the rezoning request;
2. Dedication of the entire right-of-way needed for George Williams Way to the northern boundary of the property requested for annexation;
3. Dedication of necessary right-of-way for a fence line road;
4. Provision of agreements not-to-protest the formation of a benefit districts for street, sidewalk and sanitary sewer improvements; and,
5. Approval of the annexation request for the adjacent ten (10) acres to the south.
Motion carried unanimously. (17)
Moved by Hodges, seconded by Rundle, to concur with the Planning Commission’s recommendations to adopt the findings of fact and approve the request for rezoning (Z-05-15-00) of approximately the (20) acres from A (Agricultural District) to RS-1 (Single-Family Residence District), property generally located west of Queen’s Road (East 1000 Road) and north of West 6th Street (U.S. Hwy. 40); and, direct staff to prepare the appropriate Ordinance with the understanding that approval did not insure appropriate infrastructure improvements were in place and subject to the approval of the related annexation request. Motion carried unanimously. (18)
The City Commission concurred to defer until August 15, 2000, the annexation and rezoning requests for Westwood Hills Development. (19)
Sandra Day, Planner, presented the request for annexation and rezoning for approximately 4.73 acres, property generally located west of Branchwood Drive and north of Stoneridge Drive. The Planning Commission unanimously recommended approval of the annexation and rezoning.
Moved by Kennedy, seconded by Dunfield, to concur with the Planning Commission’s recommendations to approve the annexation (A-05-06-00) request of approximately 4.73 acres, property generally located west of Branchwood Drive and north of Stoneridge Drive; and direct staff to prepare the appropriate Ordinance subject to the following conditions:
1. Execution of annexation agreement stating the proposed approximate 21.41 acres would be developed in accordance with Horizon 2020, applicable master plans and any applicable neighborhood or area plans; and,
2. Execution of an annexation agreement stating the remaining 21.41 acres would be annexed at such time the property that was need by the City.
Motion carried unanimously. (20)
Moved by Kennedy, seconded by Dunfield, to concur with the Planning Commission’s recommendations to adopt the findings of fact and approve the request for rezoning (Z-05-16-00) of approximately 4.763 acres from A (Agricultural District) to RS-2 (Single-Family Residence District), property generally located on the west side of Branchwood Drive and north of Stoneridge Drive; and, direct staff to prepare the appropriate Ordinance subject to the approval and publication of the Annexation Ordinance for the subject property. Motion carried unanimously. (21)
Fred DeVictor, Director, Parks and Recreation, presented the staff report on Phase II of Centennial Park improvements. Phase II Improvements would include new restrooms, picnic shelter, expanding parking lot and curbing, new utilities, accessible walkway to new shelter and skate park from the north, new stairs from the west parking lot to skate park and adding top soil on all constructed areas, seating and landscaping. They had planned to work around the Polaris Missile based upon a decision of a pervious City Commission.
The Parks and Recreation Advisory Board suggested the missile did not fit into the renovation plans for the park and that the missile be moved to the Topeka Combat Air Museum which had an interest in the missile.
Paul Markham, President, Sunset Hills Neighborhood Association, said the Neighborhood Association voted to support relocating the missile. They thought it would be more appropriate at the Air Combat Museum.
Robert Babcock supported keeping the missile in the park. The missile was an important symbol of freedom and it was appropriate to be in a park. The missile signified the importance of space technology. The missile represented an important investment of his parents in the defense of this country. He thought the missile should be refurbished and kept at its present location.
Rundle supported identifying if there were other potential sites within the City that were more appropriate for the missile. If none could be found in the City, he thought the Combat Air Museum would be a good location for the missile.
Hodges said he received input that the missile should either remain in the City or be placed in the Museum. It should not be junked.
Rundle suggested soliciting ideas for various locations for the missile to see if there was a more appropriate space.
Hodges supported refurbishing the missile.
Moved by Rundle, seconded by Hodges, to approve the Phase II of Centennial Park improvements including the refurbishing of the Polaris Missile and direct staff to proceed with the Phase II Improvements. Motion carried unanimously. (22)
Hodges informed the City Commission that he recently met with the Secretary of the Kansas Department of Transportation and several other key players to discuss the 38th Street alignment for the South Lawrence Trafficway. The Transportation Secretary said KDOT would support building the SLT on that alignment if the community supported the project. KDOT was willing to fund a study to see if any potential grave sites were in the proposed alignment. The proposed trafficway was not only a Community priority, but a State priority as well.
Kennedy informed the City Commission that on August 8, 2000, the Parks and Recreation Department would work with other organizations within the community to provide a non-alcoholic party for youth at the Granada.
The City Commission concurred to set a study session with the Library Board on Tuesday, October 3, 2000, at 9:00 a.m.; the Park and Recreation Master Plan Consultant on Wednesday, October 18, 2000, at 9:00 a.m.; and, to review the text of the Cost Benefit Analysis for tax abatements on September 13, 2000, at the meeting with the County and the School Board.
Moved by Kennedy, seconded by Rundle , to adjourn at 10:35 p.m. Motion carried unanimously. APPROVED:
_____________________________James R. Henry, Mayor
ATTEST:
___________________________________
Raymond J. Hummert, City Clerk
COMMISSION MEETING JULY 25, 2000
1. Ordinance No. 7236 – 2nd Reading, “No Parking”, Oread Ave., W side, 260’ S of 12th to 13th & “No Parking” on Miss, E side, from 50’ S of SW corner of Lt 7, Blk 8, Oread Addition.
2. Ordinance No. 7226 – 2nd Reading, Zoning text for Sexually Oriented Businesses.
3. Ordinance No. 7227 – 2nd Reading, Business Regulations for Sexually Oriented Businesses.
4. Resolution No. 7239 – KDHE loan for $5,620,015.00 for KS Public Water Supply Fund for Kaw Water Plant Lime Residuals Project.
5. Site Plan – revised (SP-11-80-99), Henry’s, 11 E 8th for addition of a fire escape to W side of bldg.
6. Site Plan – (SP-05-32-00), multi-phase office development at NE corner of Peterson & Kasold.
7. Mortgage Release – 901 Penn, Fredericka Brown.
8. Mortgage Release – 2108 Ohio, Michael Grandstaff
9. Grant – KS State Historical Society for Blanton’s Crossing Historic Survey Project.
10. Annexation & Rezoning – defer until Aug 15, 2000 for Westwood Hills.
11. Site Plan – (SP-5-35-00) redevelopment in 900 Blk of New Hamp.
12. Rental Housing & Single-Family issues.
13. Special Assessment – public hearing for Comet Ln. S of W 6th.
14. Benefit District – Formation for W 7th, between Comet Ln & Monterey Way.
15. Annexation – (A-05-04-00), Bishop Seabury, 10 acres, W of Queen’s Rd. & N of W 6th.
16. Rezoning – (Z-05-14-00), Bishop Seabury, 10 acres, W of Queen’s Rd. & N of W 6th.
17. Annexation – (A-05-05-00), Graycliff Holdings, 20 acres, W of Queen’s Rd. & N Of W 6th
18. Rezoning – (Z-05-15-00), Graycliff Holdings, 20 acres, W of Queen’s Rd. & N of W 6th .
19. Annexation/Rezoning – Defer until Aug 15, 2000, for Westwood Hills.
20. Annexation – (A-05-06-00), 4.73 acres, W of Branchwood Dr & N of Stoneridge Dr.
21. Rezoning – (Z-05-16-00), 4.763 acres, W of Branchwood Dr & N of Stoneridge Dr.
22. Centennial Park improvements, Phase II.