August 1, 2000
The Board of Commissioners of the City of Lawrence met in regular session at 6:45 p.m., in the City Commission Chambers in City Hall with Mayor Henry presiding and members Dunfield, Hodges, Kennedy and Rundle present.
As part of the consent agenda, it was moved by Hodges, seconded by Kennedy, to approve the City Commission meeting minutes of July 25, 2000. Motion carried unanimously.
As part of the consent agenda, it was moved by Hodges, seconded by Kennedy, to receive the HAND Advisory Committee meeting minutes of July 13, 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 $1,578,440.05 and payroll from July 16, 2000 to July 29, 2000 in the amount of $1,145,766.43. Motion carried unanimously.
As part of the consent agenda, it was moved by Hodges, seconded by Kennedy, to approve the Drinking Establishment Licenses for Henry T’s Bar & Grill, 3520 West 6th; and, the Retail Liquor License for Alvin’s Wine & Spirits. Motion carried unanimously.
The City Commission reviewed the bids for road salt for the Public Works Department. The bids were:
BIDDER BID
Cargill Incorporated $21.24 Ton
Bingham Sand & Gravel $21.28 Ton
Independence Salt $23.00 Ton
L. Meier Trucking $25.00 Ton
Hutchinson Salt Co. No Bid
As part of the consent agenda, it was moved by Hodges, seconded by Kennedy, to award the bid to Cargill Incorporated in the amount of $21.24 a ton. Motion carried unanimously.
As part of the consent agenda, it was moved by Hodges, seconded by Kennedy, to place on first reading Ordinance No. 7240, annexing City owned property of approximately ten (10) acres, more or less, located east of the Wastewater Treatment Plant. Motion carried unanimously. (1)
As part of the consent agenda, it was moved by Hodges, seconded by Kennedy, to place on first reading Ordinance No. 7242, annexing approximately 19.07 acres located adjacent to Free State High School site plan. Motion carried unanimously. (2)
As part of the consent agenda, it was moved by Hodges, seconded by Kennedy, to place on first reading Ordinance No. 7243, annexing approximately five (5) acres of City owned property north of Oak Hill Cemetery. Motion carried unanimously.
(3)
As part of the consent agenda, it was moved by Hodges, seconded by Kennedy, to adopt Resolution No. 6205, authorizing a survey and condemnation for a Utility Easement along O’Connell Road (Sweeny Tract & Doors Tract) for waterline improvement project. Motion carried unanimously. (4)
As part of the consent agenda, it was moved by Hodges, seconded by Kennedy, to adopt Resolution No. 6206, authorizing a survey and condemnation for Pedestrian/Bicycle Easement along Kasold Drive (Safadi Tract) for Clinton Parkway SLT bike path improvements. Motion carried unanimously. (5)
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 Edward French, 1139 New Jersey. Motion carried unanimously. (6)
As part of the consent agenda, it was moved by Hodges, seconded by Kennedy, to receive a letter from Landplan Engineering requesting a one (1) year extension of the conditions of approval for PCD zoning (Z-5-8-98, Z-5-9-98, Z-6-20-98) for the northwest corner of 6th and Wakarusa and refer to staff for a report. Motion carried unanimously. (7)
As part of the consent agenda, it was moved by Hodges, seconded by Kennedy, to refer to the Planning Commission for a recommendation for a proposed annexation of 12.54 acres of City owned property north of Oak Hill Cemetery. Motion carried unanimously. (8)
As part of the consent agenda, it was moved by Hodges, seconded by Kennedy, to approve the payment of $8,000.00 to Robert and Lindsey McDivitt for a sanitary sewer easement in the Western Hills Project. Motion carried unanimously. (9)
Ed Mullins, Finance Director, presented a summary of the Financial Report - 2000 for the City of Lawrence. The report covered the first six (6) months of 2000.
The Commission concurred to receive the report. (10)
Jessie Branson, Coordinator, Placement of Plaques on Historic Buildings in Downtown Lawrence, presented the report on the Lawrence Chamber of Commerce Senior Council Historic Plaque Program. During the three (3) years of the program, twenty-seven (27) plaques were placed on historic buildings in Downtown. The plaques identified the historic buildings and told of their significance to the City. They were pleased to relinquish this program to the City.
The City Commission concurred to receive the report on the Lawrence Chamber of Commerce Senior Council Historic Plaque Program and accepted the responsibility for continuation of the program by using Planning Staff and the Historic Resource Commission. (11)
Tom Wilkerson, Assistant Director, Parks and Recreation Department, presented the staff report on the Prairie Park Master Plan. The long-range plans were to close the public access to Mary’s Lake from 31st Street which would serve to help preserve and restore the southwest portion on the lakeshore. The plan included comments received during several public meetings held in February and May from various groups. The Parks and Recreation Advisory Board and the Kansas Wildlife and Parks Department reviewed and endorsed the Master Plan.
Moved by Rundle, seconded by Hodges, to approve the proposed Prairie Park Master Plan and direct staff to proceed with implementation. Motion carried unanimously. (12)
Sandra Day, Planner, presented the staff report on the Preliminary Development Plan and Final Plat for Deerfield Woods No. 6. The project consisted of approximately six (6) acres with twenty-eight (28) dwelling units. The project complies with all Zoning and Subdivision Regulations and the Planning Commission unanimously recommended approval of both the Preliminary Development Plan and Final Plat.
Tim Herndon, representing the applicant, said the applicant was requested to look at three (3) issues after the last City Commission meeting. They were the KPL Power lines, stormwater issues and memorializing any historical significance of the property. Herndon presented a map of the power lines and its route through the City of Lawrence. At the present time this line was adjacent to over one hundred thirty-five (135) dwelling units. The easement identified by KPL was their normal easement. On the stormwater issue, the applicant has agreed to dedicate easements on those lots identified by the Stormwater Engineer for storm water purposes. The applicant could not change ownership of those lots to another party because of contractual agreements and the impact it would have on the number of dwelling units that could be built. In addition, Herndon said it would be difficult, and not in the City’s best interest, to have one (1) lot owned by a property owner that was not adjacent to the project. This would cause more problems for the neighborhood then a benefit. The applicant was willing to work in any way possible to memorialize any significance this land had in relation to Dr. John Doy by renaming the street, and participating in a marker showing the significance of the area. Over seventy five percent (75%) of the original homestead was already developed. The foundation and well that may be of historical significance was not found on this site.
Rundle suggested it was not appropriate to cast dispersion on people who have an interest in historical preservation because most of these people do it on a voluntary basis. The City needed to respond to these things as we discover their significance.
Leslie O’Neil, 409 Arrowhead, expressed a concern about stormwater issues and the problems additional water run-off would cause in the area. This project would add more water to the creek causing problems for her.
Mel Wedermyer, 3008 Bently Ct., said his main concern was stormwater drainage and the impact the drainage would have on his property. His property was adjacent to one (1) of the bends in the creek. The proposed development would increase erosion and problems on the creek adjacent to his property. He asked why the City could not maintain the drainage way as they do other public improvements such as streets. The City should control the waterway just as they control the maintenance on streets. He urged denial of the project.
Duane Filkins, 3213 Sherwood, expressed a concern about stormwater and erosion in the area. There was a problem now and this project would make the problem worse. He presented pictures of stormwater during recent rains.
Dylan Filkins, 3213 Sherwood, said he was the person that found the foundation and well. He asked the City Commission to find out more about the site before approving the project.
Nancy Schwarning wanted to save the woods in the area. Horizon 2020 gave special emphasis to preservation of these types of areas. She moved into that neighborhood because of the woods. She wanted to protect the nature and character of the area.
Jan Maddox read a letter from Frank Taylor expressing a concern about flooding in the area, density of the units, the unsightliness of duplexes, the potential of one hundred fifty two (152) cars, the KPL power line and other problems with the development. The letter asked the question at what point does someone say no. He encouraged the City Commission not to rubber stamp the Planning Commission’s decision and deny the development.
Scottie Lingelbach, 3202 Taylor, urged the City Commission to deny the proposed project because of the cul-de-sac with a potential of one hundred fifty-two (152) cars and the associated parking problems, the barrack type duplexes, the closeness of the power lines and the impact it would have on residents, and the flooding problems. The project had too many problems to be approved. She suggested the Zoning Regulations needed to be revised because allowing this type of development on such a small parcel of ground was not acceptable. The proponents that were supporting this project would walk away from it once completed and leave the problems to the neighbors and the City. She asked the City Commission to vote against the project.
Dale Rummer, 3023 West 8th, spoke of the hazards associated with property being so close to the KPL easement. The potential problems were common along the entire length of line. He encouraged the City Commission to request KPL to develop a brochure informing people living adjacent to the line of potential hazards. He asked the City Commission to deny the proposed plat and Preliminary Development Plan because it would expose more people to potential hazards.
Judy Sweets, 2905 Moccasin, presented a picture of a person holding an umbrella and a lighted tube under the power lines. She expressed a concern about the safety of children playing in this area. She requested the City Commission delay the approval of this project to give people more time to explore the historical issues.
Christine Reinhardt, Douglas County Underground Railroad Association, commended the applicant for their willingness to work with her organization to rename the street and include a marker at the location. She requested more time to further explore whether or not the ruins found adjacent to this property could be associated with Doy.
Dennis Hague said Wyandott County received a large grant to document an historical African/American Village. He interpreted the 1941 photo to show a farm structure serving the agricultural land in the area.
Jerry Buchett expressed a concern about destroying vegetation in the creek area. By removal of this vegetation, erosion would occur. At the present time, it was difficult to keep water out of backyards because of the poor condition of the creek.
Carol Smith expressed a concern about flooding and erosion, power lines, traffic safety and student parking in the area. The PRD Zoning for this tract was out of line with the neighborhood. She expressed concerns about maintenance of the property because there was not a homeowners association proposed for the development. She asked for a continuance in order to redesign the project to address all of the problems.
Mark Schreiber, representing KPL, said the development met all of the conditions concerning their easements. KPL wanted to see final grading within the easement to make sure it complied with conditions of the easement. The width of the easement was based upon safety of people and the reliability of the system. He presented several studies showing EMF’s were not a concern.
Walt Houk said even though the studies show the power lines were not a problem, he would not let his grandchildren play in the area. Stormwater was still a problem and he urged the City Commission to take a stand for what was good for the community. The creek was in terrible shape and common sense would say no to this project. He urged the City Commission not to cram this big project into this little piece of land. Once the project was built, you cannot undo the project. He asked the City Commission to stand up for what was right; and, this project was not right.
Rundle asked about the covenants that were on the property prior to this development.
David Corliss, Assistant City Manager, said the City was not a party to the restricted covenants and did not have any process by which to enforce them.
Todd Thompson, representing the applicant, said the project was in compliance with the 1989 Covenants. In addition, the project complied with all City requirements and was appropriate and proper for the site.
Dunfield said since the deadline has past for the August Planning Commission’s agenda, when would a decision need to be made by the City Commission in order for the Planning Commission to consider the Final Development Plan on their September agenda.
Sheila Stogsdill, Assistant Planning Director, said the deadline for the September Planning Commission meeting was August 23, 2000. The City Commission would be meeting on August 22, 2000. If the City Commission had significant changes to the development plan, that would give the applicant only one (1) day to respond and make those changes.
Dunfield said this was a difficult issue. The power line, stormwater, density issues and access to the property were adequately addressed. The compatibility and esthetics issues were much broader issues and the City Commission had no authority to regulate those areas. On the basis of policies in place, he did not have good justification for denying the project. The historical significance of the site was a different question. He suggested a continuance to allow time to determine the significance of the find adjacent to this project. By that time, the City Commission would have a better idea of what to do, if anything.
Rundle agreed that it was a difficult decision and could not see any reason to deny the project. One reason to seek a continuance was to see if financial resources could be found to preserve the property before the August 22, 2000, meeting. It would give interested parties an opportunity to see if there were ways to save the site.
Kennedy thought all the issues were addressed by the applicant. He suggested the Stormwater Engineer look at the downstream portion of the creek to see if any improvements could be made in that area.
Henry expressed a concern in the past about the density. After reviewing the project with staff and reviewing the Zoning and Subdivision Regulations, he thought the project did comply with the current regulations.
Dunfield said in view of the historical significance of Doy and the unknown potential for this site, a decision by the City Commission on August 22, 2000, would not harm the applicant and would allow the historians time to gather appropriate information.
Stogsdill reminded the City Commission of the short time frame between the City Commission meeting on August 22, 2000, and the August 23, 2000 deadline for the applicant to make any changes.
Rundle said any significant changes would need to be completed and agreed to by the applicant prior to August 22, 2000.
Moved by Rundle, seconded by Dunfield, to defer the decision on the Preliminary Development Plan (PDP-05-11-00) and Final Plat for Deerfield Woods No. 6, until August 22, 2000. Aye: Dunfield and Rundle. Nay: Henry, Hodges and Kennedy. Motion failed
Rundle asked if there was any support for deferring the decision until August 15, 2000.
Moved by Kennedy, seconded by Hodges, to concur with the Planning Commission’s recommendation to approve the Preliminary Development Plan (PDP-05-11-00), a planned residential development, a proposed nineteen (19) townhome lots thirty-eight (38) units on approximately 6.334 gross acres, property located north of Peterson Road approximately 400’ west of Arrowhead Drive, subject to the following conditions:
1. Provision of a Revised Preliminary Development Plan including the following:
a. Tract A – Deer Run Partners or their successors shall maintain Tract A in a similar appearance to the townhomes development to the west (Deer Run Townhomes) or that Tract A shall be transferred to the Deer Run Townhomes for maintenance. Fences shall not be constructed within the exclusive KPL easement unless specific approval from KPL has been granted in writing and the development plan is amended;
b. Tract B – Cheer Pole LTD or their successor shall maintain Tract B in its existing appearance. Loss of trees from disease or other causes shall be replanted with a similar native species. Regular maintenance of the drainage way shall be provided [with the approval of the City Stormwater Engineer]. No fences, structures, or fill shall be permitted within all of Tract B;
2. Provision of a note to state that all public improvements shall be completed prior to occupancy of the units; and,
3. The applicant shall meet with the neighborhood to develop a set of covenants to be provided with the submission of the final development plan.
Aye: Henry, Hodges and Kennedy. Nay: Dunfield and Rundle. Motion carried. (13)
Moved by Kennedy, seconded by Hodges, to concur with the Planning Commission’s recommendations, approve the Final Plat (PF-05-16-00) for Deerfield Woods Subdivision No. 6 a replat of Lot 1, Block 2, of a replat of Deerfield Woods Subdivision No.3, a 21-lot planned residential plat containing approximately 11.754 acres, located north of Peterson Road between Regents Street and Arrowhead Drive, and accept the dedication of easements and rights-of-way subject to the following conditions:
1. Execution of a Temporary Utility Agreement;
2. Provision of the following fees and recording documentation:
a. Copy of paid property tax receipt;
b. Recording fees made payable to the Douglas County Register of Deeds;
c. Provision of a Master Street Tree Plan;
d. Provision of street sign fees made payable to the City of Lawrence;
3. Provision of a letter to repsread all special assessments, per the approval of the City Engineer;
4. Provision of a Revised Final Plat to include the following notes:
a. “No structures, fences or fill shall be permitted in the drainage easement”;
b. “Owners and successors of Tract B agree to maintain the drainage easement in its natural state. Improvements or modifications within the drainage easement are subject to review and approval by the Public Works Department”;
c. “No residential structures shall be located within the 100-year floodway fringe”;
5. Pinning of the lots in accordance with Section 21-302.2 of the City Code;
6. Provision of a Revised Final Plat to include the minimum floor elevations for all lots adjacent to the drainage easement per Section 21-301.5(b); and,
7. Provision of a Revised Final Plat to show the location of the 100-year floodway fringe boundary and the boundary of the 100-year floodway.
Aye: Henry, Hodges and Kennedy. Nay: Dunfield and Rundle. Motion carried. (14)
Debbie Van Saun, Assistant City Manager, presented the staff report on the Lawrence Municipal Airport Projects. Based upon direction from the City Commission, request for proposals were developed for two (2) Municipal Airport Projects. The projects included the study of alternatives to replace the existing septic system at the Airport and the surveying, platting and preparing a stormwater management plan for the airport. Staff interviewed four (4) firms for the first project and six firms for the second project. Based upon the interviews and references, staff recommended Black and Veatch and their partners to do the study for alternatives to the existing septic system and Bucher, Willis and Ratcliff to do the surveying, platting and stormwater management plan.
Rundle asked if the scope of the study included additional development between the City and the Airport.
Van Saun said the scope of the study, at the present time, was to review options for eliminating the septic system at the Airport. If additional items were to be reviewed, those items would need to be added to the scope of service.
Moved by Kennedy, seconded by Hodges, to authorize the City Manager to enter into negotiations with Black and Veatch Consulting Engineers for the study of options for replacing the existing septic system at the Lawrence Municipal Airport. Motion carried unanimously. (15)
Moved by Kennedy, seconded by Hodges, to authorize the City Manager to enter into negotiations with Bucher, Willis and Ratcliff for surveying, platting and Stormwater Management Planning for the Airport. Motion carried unanimously. (16)
Rundle asked for staff to initiate the vacation of the eastern half of a gravel alley between Illinois and Alabama in the 600 Block.
The City Commission concurred to direct staff to initiate the vacation of the alley.
Moved by Kennedy, seconded by Dunfield, to adjourn at 9:42 p.m. Motion carried unanimously.
APPROVED:
_____________________________James R. Henry, Mayor
ATTEST:
___________________________________
Raymond J. Hummert, City Clerk
COMMISSION MEETING AUGUST 1, 2000
1. Ordinance No. 7240 – 1st Reading, annex 10 acres, City property, located E of Wastewater Treatment Plant.
2. Ordinance No. 7242 – 1st Reading, annex 19.07 acres, adjacent to Free State HS.
3. Ordinance No. 7243 – 1st Reading, annex 5 acres, City property, N of Oak Hill Cemetery.
4. Resolution No. 6205 – Condemnation for Utility Easement along O’Connell Rd., Sweeny and Doors Tract, for waterline improvement project.
5. Resolution No. 6206 – Condemnation for Pedestrian/Bicycle Easement along Kasold, Safadi Tract, for Clinton Pkwy SLT bike path improvements.
6. Mortgage Release – 1139 New Jersey, Edward French.
7. Zoning – (Z-5-8-98, Z-5-9.98, A-6-20-98) 1 yr extension for NW corner of 6th & Wakarusa.
8. Annex – 12.54 acres, City property, N of Oak Hill Cemetery.
9. Sanitary Sewer Easement – Approve payment to the McDivitt’s for $8,000.
10. Financial Report – First 6 Months for year 2000.
11. Plaques – Historic Bldgs.
12. Master Plan – Prairie Park.
13. Prelim Dev Plan – (PDP-05-11-00) Deerfield Woods No. 6, 6.334 acres, N of Peterson approx 400’ W of Arrowhead.
14. Final Plat – (PF-05-16-00) Deerfield Woods NO. 6, 11.754 acres, N of Peterson between Regents and Arrowhead.
15. Lawrence Municipal Airport – Study of replacing septic system to Black & Veatch.
16. Lawrence Municipal Airport – Stormwater Mgmt Plan to Bucher, Willis & Ratcliff.