September 26, 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, the Mayor proclaimed the month of October as “Breast Cancer Awareness Month”; and, Friday, October 20, 2000 as “Stepping Out Against Breast Cancer” benefit dance.

Mayor Henry introduced Rebbeca May as the Student Representative from Lawrence High School.

The City Commission recognized student visitors from Eutin Germany, Lawrence’s Sister City.

As part of the consent agenda, it was moved by Hodges, seconded by Rundle, to approve the City Commission meeting minutes of September 19, 2000.  Motion carried unanimously.

            As part of the consent agenda, it was moved by Hodges, seconded by Rundle, to approve claims in the amount of $549,439.47 and payroll from September 10, 2000 to September 23, 2000, in the amount of $1,121,650.84.  Motion carried unanimously.                 

As part of the consent agenda, it was moved by Hodges, seconded by Rundle, to approve the contract with University of Kansas Transportation Center for traffic count services in the amount of $14,870.00.

The City Commission reviewed the bids for Parkside Addition No. 2, Street, Storm Sewer, and Waterline Improvements for the Public Works Department.  The bids were:

            As part of the consent agenda, it was moved by Hodges, seconded by Rundle, to award the bid to LRM Industries Builders, in the amount of $149,194.00.  Motion carried unanimously.

The City Commission reviewed the bids for Raised Median Removal on Iowa south of 31^st and Curb and Gutter Replacement on the east side of Iowa from Harvard to 15^th, to R.D. Johnson Excavating in the amount of $157,509.80.  The bids were:

            As part of the consent agenda, it was moved by Hodges, seconded by Rundle, to award the bid to R.D. Johnson, in the amount of $157,509.80.  Motion carried unanimously.

            As part of the consent agenda, it was moved by Hodges, seconded by Rundle, to authorized the City Manager to execute a contract with Bartlett and West Engineers, Inc., for the engineering design of a sanitary sewer main to serve the Public Works Facility on Wakarusa Drive in the amount of $12,100.00.  Motion carried unanimously.                                                      (1)

As part of the consent agenda, it was moved by Hodges, seconded by Rundle, to authorize the City Manager to execute a contract with Landplan Engineering for the engineering design of the geometric improvements at 22^nd and Kasold in the amount of $29,100.00 which included only the southbound right turn lane, the northbound left turn lane, and the eastbound right turn lane.  Motion carried unanimously.                                                                             (2)

            As part of the consent agenda, it was moved by Hodges, seconded by Rundle, to authorize the City Manager to execute a contract with Landplan Engineering for the engineering design of Comet Lane, between 6^th and 7^th, in the amount of $29,000.00.  Motion carried unanimously.                                                                                                                                   (3)

                As part of the consent agenda, it was moved by Hodges, seconded by Rundle, to place on first reading, Ordinance No. 7273, establishing rates for 30 minute parking and allowing for the establishment of temporary loading zones which implements portions of the parking mitigation plans during the construction of the 900 block of New Hampshire parking garage.  Motion carried unanimously.                                                                                (4)

            As part of the consent agenda, it was moved by Hodges, seconded by Rundle, to place on first reading, Ordinance No. 7265, designating Grand Vista Drive, Legends Drive, O’Connell Road, Ousdahl Road from 31^st to 33^rd, Research Park Drive, and Stoneridge Drive as collector streets and to amend the schedule.  Motion carried unanimously.                               (5)

As part of the consent agenda, it was moved by Hodges, seconded by Rundle, to approve the directional signs as signs of community interest for Friends of Lawrence Public Library Annual Sale.  Motion carried unanimously.                                                                        (6)

As part of the consent agenda, it was moved by Hodges, seconded by Rundle, to approve the site plan (SP-6-40-00) for a six (6) room boarding house, located at 1005 Kentucky, subject to a Site Plan Performance Agreement be executed (Per Section 20-1433).  Motion carried unanimously.                                                                                                                             (7)

As part of the consent agenda, it was moved by Hodges, seconded by Rundle, to approve an Easement Agreement with Sojac Land Company (Fall Creek Farms Area) providing for the property owner to donate Sanitary Sewer Easements for a planned sewer relief line in exchange for construction of certain Sanitary Sewer Improvements.  Motion carried unanimously.                                                                                                                                            (8)

            David Corliss, Assistant City Manager, presented the staff report on the change order for Western Hills Sanitary Sewer Improvements lowering the depth of the sanitary sewer line along the west side of Wagon Wheel Road.  Staff recommended a change order for the project in the amount of $24,815.85.  After reviewing various alternatives for sewering the McDivitt and Robinson properties, staff recommended lowering the proposed line along the west side of Wagon Wheel Road.  This would result in not needing to obtain an easement from the McDivitt’s or place the line through a creek bed, trees and other natural vegetation.  The lift station would be placed in the City’s right-of-way instead of an easement on McDivitt’s property.  Corliss reviewed the various cost options with the City Commission.

            Rundle asked about the increase cost in sewer connections when lowering the line.

            Terese Gorman, City Engineer, said the McDivitt’s and Robinson’s would have an increase in cost connecting to the new line because of going to the Wagon Wheel line.  The other property owners along the line would have minimal additional cost because of the way the service lines connected to the sewer.  She presented a schematic drawing of how the service lines were connected.

            Dunfield asked why the sewer lines were not proposed for the back of these properties.

            Gorman said the system would require doubling the length of piping for the project.  By going down the front of the properties, the system picked up properties on both sides of the street.

            The City Commission concurred to defer for one (1) week a decision on the change order lowering the sanitary sewer on the west side of Wagon Wheel Road and directed staff to get estimates for connecting the McDivitt’s and Robinson’s property to the proposed sewer.   (9)

            Mike Wildgen, City Manager, presented the staff report concerning the Transit Provider Agreement and Interim Leasing Option.  The FTA in Washington concurred with the City’s decision on MV Transportation as the transit provider.  One of the options was to lease buses until the City buses arrived.  The leased buses would be new sixteen (16) passenger vehicles.

            Dunfield asked what were the consequences of not leasing.

            Wildgen said it would be November 2001 before the system was fully operational based upon proposed delivery of the buses.

            A person representing the Citizens for Public Transportation encouraged the City Commission to begin leasing buses.  She said the City needed the buses on the road now.

            Moved by Kennedy, seconded by Dunfield, to direct staff to negotiate a Lease Agreement with MV Transportation to begin an Interim Bus System. Motion carried unanimously.                                                                                                                                          (10)

Chad Voigt, Stormwater Engineer, presented the staff report on the proposed rate for the stormwater utility.  He presented Six (6) Options for funding the program.  

Bill Sepic, Lawrence Chamber of Commerce, supported Option No. Three (3) which would increase the rate to three dollars ($3.00) in 2001 and four dollars ($4.00) in 2004; or, Option No. Four (4) which would increase the rate to ($3.00) in 2001 and four dollars ($4.00) in 2003.  He said that would be an appropriate compromise for gradually increasing the rates.

Mike Wildgen, City Manager, said if the City Commission looked at four dollars ($4.00) as a maximum, Option No. Two (2) or Three (3) was the best.  If the City Commission saw the stormwater utility as an ongoing, long-term program, Option No. Five (5) was best to provide annual small increases over the years.  This would follow the pattern for other utilities.

Hodges could not support incremental increases with no end in sight.

Dunfield supported Option No. four (4) which would increase the fee to three dollars ($3.00) in 2001 and four dollars ($4.00) in 2003.

Moved by Dunfield, seconded by Kennedy, to approve the Stormwater Utility Rates at three dollars ($3.00) per ERU in 2001 and four dollars ($4.00) per ERU in 2003 and direct staff to prepare the appropriate Ordinance.  Motion carried unanimously.                                         (11)

Mayor Henry called a public hearing on the proposed special assessment benefit district for the geometric improvements and traffic signal installation at Clinton Parkway and Hartford/Hawthorne.

David Corliss, Assistant City Manager, presented a schematic drawing of the proposed benefit district.  In discussion with property owners of the proposed benefit district, they want to expand the district to include a parcel currently out of the proposed benefit district which was owned by a property owner in the proposed benefit district.  Corliss recommended that engineering begin for the project with the developer assuring the City the cost for design would be paid if the benefit district was not approved.  At this time, the City Commission can not enlarge the district without starting the process over.

Bill Newsome, Southwind Capital, requested the City Commission expand the benefit district to include the additional parcel.  He presented a letter from the owner of AMLI Apartments stating they supported the project and wanted their property added to the benefit district.  He agreed to hold the City harmless for engineering design of the improvements.  The installation of a traffic signal was a condition on their development plan before occupancy.

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

Moved by Kennedy, seconded by Hodges, to direct staff to modify the benefit district as requested; begin the process for the new benefit district; and, negotiate an Engineering Agreement for the improvements subject to the condition the developer sign a Hold Harmless Agreement with the City to pick up any financial cost for the engineering services.  Motion carried unanimously.                                                                                                                    (12)

Kyle Mieras, Planner, presented the annexation (A-06-12-00) and rezoning request of approximately 13.02 acres, generally located at the northwest corner of East 31^st Street (extended) and O’Connell Road.  The Planning Commission unanimously recommended approval of the annexation request and voted eight (8) to one (1) to recommend approval of the rezoning from A to RS-2.  A valid protest petition was submitted in opposition to the rezoning request which required a four (4) to one (1) majority vote by the City Commission.

Dunfield asked about the impact on the undeveloped portion of land on the western part of the development and if that would reduce the density on the site.

Linda Finger, Planning Director, said the density issue was based upon the number of lots meeting the RS-2 lot size.  Therefore, that area would not have an impact on density computations.

Rundle asked if there were any alternative zoning for this site, such as PRD.

Finger said that was always a possibility, but this request was for single-family housing, RS-2 (Residential-Single Family), lots.

Mike Kenney, representing the applicant, said the proposed twenty-six (26) lots in the subdivision were larger than the standard RS-2 Lot.  They almost met the requirement for RS-1.   This development met all the requirements of the City’s Subdivision Ordinances and he urged the City Commission to concur with the Planning Commission and approve the annexation and rezoning.

Jim Rupprecht, 2940 Kensington, spoke in opposition to the rezoning.  He expressed a concern about the development of O’Connell Road and 31^st which would result in a bypass for K-10 Highway.  The 31^st Street improvements were too close to residential properties.  Rupprecht encouraged leaving the buffer of trees to protect the neighborhoods from the traffic on 31^st Street.  He said the proposed development was too early and the City should wait to see how the rest of the area would develop.

Sandy Wediman expressed a concern about additional development in the area.  This was an area of young families and the additional traffic would make it less safe for the neighborhood.  She expressed a concern about loss of the tree line and the changing characteristics of the neighborhood.  Wediman thought these homes would be rental homes which would have a negative impact on the neighborhood.  Rental units owned by developer were not maintained to the same standards as other properties in the neighborhood.

Cathy Egbert, 2941 Bishop Street, expressed a concern about additional traffic and the units on these lots being rental units because of their size.  The lots were narrower and deeper than normal lots.  Egbert said just because the developer met all the requirements, did not mean they had a right to a lesser quality development in the neighborhood.  She said the Planning Commission did not follow the recommendations from staff for traffic improvements which concerned her.

Sean Smith, 1720 Whitmore Court, said rental units in the area were owned by the developer and were not maintained to the same standard as other properties in the area.  He commended the City for the development of the area as a diverse community.  He had a concern about the rezoning of this property and the impact it would have on traffic and speed in the area.  By approving this rezoning, the City would loose all flexibility on developing 31^st Street.   Smith also expressed a concern about loosing the tree line and the impact the development would have on increased enrollments in the school.  Smith said the track record of the developer, especially as it related to maintenance on the rental properties and enforcement of covenants was not good.  He encouraged the City Commission to keep the trees as a buffer and make the lots large enough to accommodate the same style of homes that were currently in the area.

John Huff, 1716 East 30^th Street, supported what other people said about the project.  He suggested the small portion of land identified as Tract A, be used as a park.

John Riedl expressed a concern about eliminating the buffer between 31^st Street and the neighborhood.  He also had a concern about the increase in traffic when O’Connell Road and 31^st Street were developed.  This would be a de factor K-10 Highway.

Rupprecht expressed a concern about the developer.  The covenants of the area were not being met on their rental units.  The size of the lots were made up by depth instead of width and would not allow the same quality of homes to be built on this development.  The development did not make sense because of not knowing what would happen with 31^st and O’Connell Road.  He suggested deferring the rezoning indefinately.

Jeff Morris, 2720 Kensington, expressed a concern about existing traffic problems in the area.  These problems would worsen with this development.                      

John Smith asked the City Commission to concur with staff’s recommendation about traffic improvements.

Mieras said staff’s recommendation included a traffic circle at 30^th and the possibility of a stop sign at 29^th and Kensington.  The intersection at 29^th and Kensington did not currently warrant at traffic control device.

Dunfield asked about the traffic circle issue and what were the options to have that built.

Linda Finger, Planning Director, said it would be considered as part of the public improvements for the area.  It was not something identified in the Subdivision Ordinances. 

            Moved by Hodges, seconded by Kennedy, to concur with the Planning Commission’s recommendation to approve the annexation request of approximately 13.02 acres, generally located at the northwest corner of East 31^st Street (extended) and O’Connell Road; and direct staff to prepare the appropriate Ordinance.  Motion carried unanimously.                                      (13)

Hodges supported the Planning Commission’s recommendation on the rezoning.  He thought it was an appropriate in-fill development for the area.

Dunfield said this was a successful neighborhood.  These twenty-six (26) lots would provide an opportunity for twenty-six (26) new families to enjoy the neighborhood.  The concern of the neighbors in the area were legitimate, but he saw this as an opportunity for new families to share in the quality of the neighborhood.

Rundle opposed the rezoning.  He thought it was important to provide appropriate access and open space for wildlife to the Prairie Park Nature Center and Mary’s Lake.  Those issues should be resolved before rezoning takes place in this area.

   Moved by Hodges, seconded by Kennedy, to concur with the Planning Commission’s recommendations to adopt the findings of fact and approve the request for rezoning of approximately 13.02 acres from A (Agricultural District) to RS-2 (Single-Family Residence District), property generally located on the northwest corner of East 31^st Street (extended) and O’Connell Road; and, direct staff to prepare the appropriate ordinance.  Aye:  Henry, Dunfield, Hodges and Kennedy.  Nay: Rundle.  Student Representative:  Nay.  Motion carried.                                                                                                                               (14)

Linda Finger, Planning Director, presented the rezoning request (Z-05-23-00) for a Sonic Drive-In at 31^st and Iowa in the Target PCD.  This was referred back to the Planning Commission to discuss access issues.  The Planning Commission unanimously recommended the City Commission approve the rezoning request, removing existing restrictions on the PCD to allow for the Sonic Drive-In.  Finger said there was adequate right-of-way along 31^st Street for a deceleration lane.  However, a pedestrian easement was needed for the sidewalk.  There also was some additional internal circulation concerns with the site. 

Rundle asked if the rezoning could be conditioned upon the deceleration lane and other concerns addressed by the Preliminary Development Plan.

Finger said the City Commission could encourage the Planning Commission to address those issues.

Dunfield did not see any discussion on the use issue.

Finger said the Planning Commission felt those issues were discussed previously and decided.

Todd Thompson, representing the applicant, said the Planning Commission debated  use questions and presented a recommendation to the City Commission during the first meeting.  He showed the project was surrounded by more intense commercial uses.  The discussion before the City Commission appeared to be more about access than zoning.  He reviewed with the City Commission the proposed access.

Rundle supported staff’s recommendation on the deceleration lane and pedestrian easement as well as the internal circulation on the site.  He wanted the Planning Commission to include those in the Preliminary Development Plan.

Dunfield expressed a concern about the expansion of commercial strip in this area.

Moved by Kennedy, seconded by Hodges, to concur with the Planning Commission’s recommendations to adopt the findings of fact and approve the rezoning request for removing existing restrictions on the Target PCD to allow the Sonic Drive-In subject to the approval of a Preliminary Development Plan.  Aye:  Henry, Hodges and Kennedy.  Nay: Dunfield and Rundle.  Student Representative:  Aye:  Motion carried.                                                                          (15)

Mike Wildgen, City Manager, presented a letter from Mayor Wagnon of Topeka requesting contributions to a litigation fund on the proposed equalization rates between KPL and KGE rate areas.  The Chief Executive Officer of Topeka estimated that cost to be approximately $10,000.00 per entity.

Hodges suggested getting all the participating municipalities together to develop a strategy in addressing these issues and cost.

Mike Wildgen, City Manager, thought a decision on funding needed to be made before that could be arranged.

Rundle thought $10,000.00 would be acceptable.    

Kennedy supported $8,000.00.

Bill Septic, Chamber of Commerce, supported an investment by the City on funding the litigation of this issue.  He said Chamber members would assist in developing information on the impact it would have on businesses in Lawrence.

Moved by Dunfield, seconded by Kennedy, to support the litigation of the KPL and KGE rate equalization case up to $10,000.00 with the understanding that it may be increased in the future.  Motion carried unanimously                                                                                 (16)

Rundle informed the City Commission that several local agencies were attempting to apply for funds for various youth activities.  He suggested the Mayor write a letter of recommendation for these efforts. 

The City Commission concurred.

Dunfield asked staff to review the access issue to Prairie Park and Mary’s Lake as discussed by Rundle and to continue to explore whether the western portion of the Prairie Park No. 3 development to be used as a City park.

The  City Commission concurred to set a study session on October 16, 2000, at 9:00 p.m. with the County Commission at the County Court House to discuss 31^st Street alignments; and, set a study session for October 25, 2000 at 9:00 a.m. at the Clinton Water Plant to discuss
Water Plant capacity.    

Moved by Kennedy, seconded by Dunfield, to adjourn at 9:08 p.m.  Motion carried unanimously.      

                                                                                               

 

 

APPROVED:

_____________________________

James R. Henry, Mayor

ATTEST:

___________________________________                                                                       

Raymond J. Hummert, City Clerk

COMMISSION MEETING SEPTEMBER 26, 2000

1.                  Contract – Engineering Design of a Sanitary Sewer Main to serve the Public Works Facility to Bartlett & W Engineers for $12,000.

2.                  Contract – Engineering Design of Geometric Improvements at Kasold to Landplan Engineering for $29,100.

3.                  Contract – Engineering design of Comet Lane, between 6^th & 7^th to Landplan Engineering for $29,000.

4.                  Ordinance No. 7273 - 1^st Reading, 30 min parking & temp loading zones, during the construction of 900 Blk of New Hampshire parking garage.

5.                  Ordinance No. 7265 – 1^st Reading, Grand Vista Dr., Legends, O’Connell, Ousdahl from 31^st to 33^rd, Research Park, & Stoneridge as collector streets.

6.                  Signs – Directional signs for signs of community interest for Friends of Lawrence Public Library Annual Sale.

7.                  Site Plan – (SP-6-40-00) 6 room boarding house, 1005 Kentucky.

8.                  Easement Agreement – Sanitary Sewer for planned sewer relief with Sojac Land Co., (Fall Creek Farms Area).

9.                  Sanitary Sewer Improvements – Western Hills, along W side of Wagon Wheel.

10.              Transit Provider Agreement & Interim Leasing Option.

11.              Stormwater Utility Rates - $3 per ERU in 2001 & $4 per ERU in 2003.

12.              Benefit District – Special Assessment for geometric improvements & traffic signals at Clinton Pkwy & Hartford/Hawthorne.

13.              Annexation – (A-06-12-00) 13.02 acres, NW corner of 31^st & O’Connell.

14.              Rezoning - (Z-06-25-00) 13.02 acres, A to RS-2, NW corner of 31^st & O’Connell.

15.              Rezoning – (Z-05-23-00) 31^st Street, W of Neider.

16.              Electric Rates – City of Topeka.