October 17, 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.  Student Commissioner May was present.

As part of the consent agenda, it was moved by Kennedy, seconded by Rundle, to approve the City Commission meeting minutes of October 10, 2000.  Motion carried unanimously.

As part of the consent agenda, it was moved by Kennedy, seconded by Rundle, to receive the Lawrence-Douglas County Health Board meeting minutes August 21, 2000.  Motion carried unanimously.

            As part of the consent agenda, it was moved by Kennedy, seconded by Rundle, to approve claims in the amount of $1,840,250.66.   Motion carried unanimously.                       

As part of the consent agenda, it was moved by Kennedy, seconded by Rundle, to approve the Drinking Establishment License for India Palace, 129 East 10^th Street; and, The Eagles, 1803 West 6^th Street.  Motion carried unanimously.

As part of the consent agenda, it was moved by Kennedy, seconded by Rundle, to concur with the recommendation of the Mayor and appoint Barbara Bonnekessen and Brian Johnson to the Lawrence Alliance.  Motion carried unanimously.

The City Commission reviewed the bids for 8^th and Pennsylvania Storm Sewer Improvements for the Public Works Department.  The bids were:

            As part of the consent agenda, it was moved by Kennedy, seconded by Rundle, to award the bid to McLouth Excavating Co., Inc., in the amount of $56,286.10.  Motion carried unanimously.

The City Commission reviewed the bids for the Radio Water Meter Project for Utility Billing.  The bids were:

            As part of the consent agenda, it was moved by Kennedy, seconded by Rundle, to award the bid to Midwest Meter, in the amount of $46,250.00.  Motion carried unanimously.

            Ordinance No. 7274, establishing “no parking” along the west side of Rhode Island from 19^th to 20^th Streets, and along the south side of Congressional Place from Congressional Drive to the end of the cul-de-sac was read a second time.

As part of the consent agenda, it was moved by Kennedy, seconded by Rundle, to adopt the ordinance.  Aye:  Dunfield, Henry, Hodges, Kennedy, and Rundle.   Nay: None.  Motion carried unanimously.                                                                                                         (1)

            Ordinance No. 7275, annexing approximately 2.42 acres of property owned by the Veterans of Foreign Wars, generally located north of West 2^nd Street was read a second time.

As part of the consent agenda, it was moved by Kennedy, seconded by Rundle, to adopt the ordinance.  Aye:  Dunfield, Henry, Hodges, Kennedy, and Rundle.   Nay: None.  Motion carried unanimously.                                                                                                         (2)

 As part of the consent agenda, it was moved by Kennedy, seconded by Rundle, to approve the site plan (SP-07-53-00) for rear-yard outdoor dining patio for Papa Keno’s Pizzeria, located at 1035 Massachusetts, subject to the following conditions:

1.                  Execution of a Site Plan Performance Agreement;

2.                  Show the boundaries of the lot;

3.                  All parking spaces must be permanently marked;

4.                  Provide a solid 6’ high wood screening fence on the south property line;

5.                  Provide the following notes on the face of the Site Plan;

a.                  Music (live or recorded) shall not be played to create a nuisance for the neighborhood;

b.                  The property owner shall be responsible for policing the area to keep it free from litter and trash generated by the outdoor dining use;

c.                  The property owner shall be responsible for ensuring the containment of alcoholic beverages on the premises; and,

d.                  Applicant agrees to remove the outdoor dining area if there are legitimate complaints by neighbors as to the noise and trash.  The City Commission shall review complaints.

Motion carried unanimously.                                                                                                         (3)

Ralph Gage, representing the World Company, said in a meeting with staff, it was decided the Journal World would build a site for dumpsters that would be architecturally consistent with the design of the Old Post Office.  The Journal World would lease this space out to users of the dumpsters.  This lease agreement would be for a nominal rent.  The Journal World did not want any additional users for the dumpsters other than those currently using the dumpsters.  Gage said they wanted to control the site in order to keep it clean and well maintained.

Mike Wildgen, City Manager, said he did not think that was the appropriate solution to the dumpster question.  He thought it was more appropriate to have the City lease a site from the Journal World.  The City would be responsible for the construction and maintenance of this site as they were with sites adjacent to parking lots Downtown.  If that was not an appropriate solution, the City would place thr dumpsters adjacent too or in the alley right-of-way.

Kennedy supported a lease agreement between the City and the World Company.

Chuck Magerl, Free State Brewery, supported the lease agreement between the City and the Journal World.  If the dumpsters were placed in the alley, it would restrict delivery services in the alley and place additional traffic on an already crowded Massachusetts Street.  Magerl said they would do everything possible to assist in maintaining the site.

Moved by Hodges, seconded by Kennedy, to approve the site plan (SP-8-59-00) for the Journal World Campus, west side of the 600 block of New Hampshire Street subject to the following conditions:

1.                  Execution of a Site Plan Performance Agreement;

2.                  Provision of a lighting detail per the approval of the City Traffic Engineer;

3.                  Provision of a detailed landscaped plan for City right-of-way per staff approval;

4.                  Provision of a Revised Site Plan per the approval of the City Stormwater Engineer to include the following:

a.                  Public improvement plans are required for storm sewers located in the street right-of-way.  Public improvement plans must be submitted to the Public Works Department for review prior to release of the plan to the building inspector;

b.                  The system up to and including manhole “B” will be public.  The extension to inlet “A” will be private;

5.                  Report impervious surfaces in square feet on the face of the Site Plan in the required format;

a.                  Public improvement design notes: The proposed system must be designed for the potential tributary area.  Hydrology and hydraulic calculations will be reviewed for conformance with current design standards.  The downstream system must be mapped and labeled in the construction drawings.  RCP is the only pipe material allowed in the Central Business District;

6.                  Provision of a Revised Site Plan ton relocate the trash enclosure per City Staff approval;

7.                  Revision of the Site Plan t include a note indicating that street and streetscape improvements including parallel parking space layout, meters, and landscape areas 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; and,

8.                  Execution of a lease agreement between the City and the World Company for an enclosure for trash dumpsters servicing the area.  

Motion carried unanimously.                                                                                                          (4)

Kyle Mieras, Planner, presented the request for annexation and rezoning for approximately 5.61 acres, northeast of North 7^th and North Streets in North Lawrence.  The Planning Commission unanimously recommended approval of the annexation subject to approval of the rezoning request.  The original request for rezoning was from A (Agricultural District) to RS-2 (Single-Family Residence District).  The Planning Commission unanimously recommended approval of RS-1 Zoning based upon the Lesser Change Table and subject to approval of a Preliminary Plat.  Staff recommended approval of the rezoning to RS-E based on the Lesser Change Table.  Staff agreed the property was suited for residential development, but due to flood plain concerns in the area, staff thought large lot residential development would be more suitable.

John Chaney, the applicant, expressed concern that if the property was developed under RS-E, with one hundred foot (100’) frontage, homeowners would be able to construct metal sheds or pole barns on the lots.  That would defeat the purpose of leaving open space.  He thought RS-1 zoning with seventy-foot (70’) frontage and more depth was more appropriate for the site.  Under this concept, the open space would allow for larger back yards.  There would be drainage easements across the back half of the lots so they could not be built upon.

Natalya Lowther, 1480 North 1700 Road, expressed a concern about development in this area as a whole.  This development could potentially have an impact on her farming operation which was her livelihood.  She recommended this request be deferred until the North of North Street Plan was developed.

Marci Francisco, 946 Ohio, supported the condition of the Planning Commission that the rezoning be subject to the Preliminary Plat.  The Preliminary Plat would provide the necessary information on drainage in the area.  She expressed a concern about the shape and configuration of the lots.  The City should be annexing property to add benefit to the community and not annexing property that would cause problems for the City.  There were pondering issues to consider in the area and additional development displacing storm water could potentially flood existing property owners.

Henry supported review of the Preliminary Plat prior to the rezoning and annexation.

Dunfield suggested the City Commission wait to see how this property would fit into the North of North Street Plan.  He suggested deferring the item until the City Commission could see how it integrated into the larger plan.

Rundle thought the City Commission should not act upon this until the North of North Street Plan was in place.  He thought it was important to look at drainage for the entire area.

Hodges said he did not like building in the floodplain.  He thought the City Commission should see the Preliminary Plat before the rezoning and annexation.

Moved by Rundle, seconded by Hodges, to table the request to annex  (A-1-2-2000) approximately 5.61 acres generally located northeast of North 7^th and North Streets in North Lawrence, until review of the Preliminary Plat as approved by the Planning Commission.  Motion carried unanimously.                                                                                                                      (5)

Moved by Rundle, seconded by Hodges, to table the rezoning request (Z-1-4-2000) of approximately 5.61 acres from A (Agricultural District) to RS-2 (Single-Family Residence District), property generally located northeast of North 7^th and North Street in North Lawrence, until review of the Preliminary Plat as approved by the Planning Commission.  Motion carried unanimously.                                                                                                                                 (6)

As part of the consent agenda, it was moved by Kennedy, seconded by Rundle, to concur with the Planning Commission’s recommendations to approve the annexation (A-09-16-00) request of approximately 12.54 acres, parcel of land located adjacent to Oak Hill Cemetery; and, direct staff to prepare the appropriate ordinance.  Motion carried unanimously.                    (7)

As part of the consent agenda, it was moved by Kennedy, seconded by Rundle, to concur with the Planning Commission’s recommendations to adopt the findings of fact and approve the request for rezoning (Z-08-33-00) of approximately 1.2 acres from M-2 (General Industrial District) to C-3 (Central Business District), property located on the west side of the 600 block of Rhode Island, and includes a portion of the Riverfront Plaza parking garage; and, direct staff to prepare the appropriate ordinance.  Motion carried unanimously.                                      (8)

As part of the consent agenda, it was moved by Kennedy, seconded by Rundle, to concur with the Planning Commission’s recommendations to adopt the findings of fact and approve the request for rezoning (Z-08-34-00) of approximately 2.225 acres from RD (Residence-Dormitory District) to O-1 (Office District), property generally located on the KU Campus near West Campus Road and 11^th Street; and, direct staff to prepare the appropriate ordinance.  Motion carried unanimously.                                                                                          (9)

As part of the consent agenda, it was moved by Kennedy, seconded by Rundle, to concur with the Planning Commission’s recommendation to approve a Preliminary Development Plan (PDP-08-14-00) for Dunigan Subdivision, adding an Express Motel & Suites, a 3-story, 78 room motel proposed to be located on the west side of Iowa, between 33^rd and 35^th Street, in front of Hollywood Theatres, subject to the following conditions:

1.         Provision of a Revised Preliminary Development Plan depicting the following:

a.         Revised Preliminary Development Plan to adhere to the approved and recorded Master Street Tree Plan;

b.                  Report impervious surfaces in square feet on the face of the Site Plan in the required format.  Provide impervious square footage for Lot 4. Include all impervious surfaces within the lot lines of Lot 4.  Report separate numbers for building, pavement and total impervious.  Detention calculations are not necessary on this plan;

c.                  Label proposed contours.  Show all existing storm sewers.  Show proposed storm sewers, Label pipe sizes and flowlines.  Specify City standard curb inlets.  Label curb inlet sizes;

d.                  Change evergreen species to Ketleeri Juniper, Canaerti Juniper and Norway Spruce;

e.                  Correct the signature blocks under the endorsements.  The chairperson of the Lawrence Douglas County Metropolitan Planning Commission is Jane Bateman.  The Secretary is Linda M. Finger;

f.                    Revise shrub sizes to be a minimum of 5-gallon containers.

g.                  Provide note as to height of motel, in feet.  The height must meet the current code requirements;

h.                  Per Section 20-1010 (16 and 17), please provide ownership and maintenance information.  This may be provided with a note on the plan;

i.                     Provide note on face of plan indicating the requested variance;

j.                     Change compact stalls to full size stalls and provide minimum of 75 parking stalls on-site;

2.                  Approval of revised fire hydrant location  by the Fire Department;

3.                  Provision of an updated Traffic Study for this PCD (Including McDonald’s development at 33^rd Street) and incorporation of any required improvements on the face of the plan; and,

4.                  Execution of a Site Plan Performance Agreement.

Motion carried unanimously.                                                                                                        (10)

As part of the consent agenda, it was moved by Kennedy, seconded by Rundle, to concur with the Planning Commission recommendations to adopt the findings of fact and approve the UPR (UPR-08-07-00) for temporary relocation of Raintree Montessori School in the former USD No. 497 Administration Building at 3705 Clinton Parkway, subject to the following conditions:

1.                  A Site Plan Performance Agreement be executed;

2.                  Provision of copies of permits and letters indicating that all necessary local and State Health Department Permits have been attained;

3.                  Approval by the City Fire Department as noted in the letter dated August 16, 2000 form Rich Barr, Fire Marshal; and,

4.                  Provision of a note on the Site Plan, which states that this use shall be re-evaluated on or before February 15, 2001, and extension of the use beyond this date must be approved by the City Commission as per the Fire Department Review.

Motion carried unanimously.                                                                                                        (11)

As part of the consent agenda, it was moved by Kennedy, seconded by Rundle, to review and approve amendments to the Transportation Improvement Program (TIP) for FY 2000-2004 which was a multi-year listing of Federally Funded and Locally Significant Non-Federal Funded Improvements to the region’s transportation system.  Motion carried unanimously.                                                                                                                                    (12)  

As part of the consent agenda, it was moved by Kennedy, seconded by Rundle, to receive the letter from Indian Hills Neighborhood Association concerning development moratorium and area development plans and refer to staff for a report.  Motion carried unanimously.                                                                                                                                 (13)

Chad Voigt, Stormwater Engineer, presented the staff report on the drainage easements in the 2100 block of Atchison Avenue.  Voigt recommended a consultant be hired to determine the true floodway, develop FEMA Map revisions, verify the impact of the recreation path bridge and determine acceptable fence locations and other obstructions in the floodplain.  The study should cover the floodplain from 2001 to 2125 Atchison Avenue.

Beth Ankerholz, 2113 Atchison Ave., said the fences were needed to protect the privacy of property owners from the new recreational path built behind their homes.  Foot and bike traffic in the area posed safety problems for the neighborhood.  The ultimate goal was to keep what they have in place for safety reasons.

Rick Mullen, 2109 Atchison Ave., said the major concern was to keep the fencing for privacy reasons.

Rundle asked the cost estimate of the engineering study.

Voigt said he did not have an estimate at this time, but did not think it would be a significant impact on the Stormwater Utility.      

Moved by Hodges, seconded by Rundle, to approve the hiring of a consultant for a study of the floodplain from 2001 to 2125 Atchison Avenue.  Motion carried unanimously.     (14)  

            Rundle requested staff report on FEMA’s current approach for development in the floodplain.

            At the request of Student Senate of the University of Kansas, the City Commission concurred to set a study session on November 15, 2000, at 9:00 a.m. to discuss student-housing issues.

            Moved by Kennedy, seconded by Rundle            , to adjourn at 7:59 p.m.   Motion carried unanimously.                                                                     

APPROVED:

                                                                        _____________________________

James R. Henry, Mayor

ATTEST:

 

___________________________________                                                                       

Raymond J. Hummert, City Clerk

COMMISSION MEETING OCTOBER 17, 2000

1.                  Ordinance No. 7274, 2^nd Reading, “no parking” W side of Rhode Island from 19^th to 20^th & along S side of Congressional Pl from Congressional Dr. to end of cul-de-sac.

2.                  Ordinance No. 7275, 1^st Reading, annex 2.42 acres, Veteran of Foreign Wars, N of W 2^nd St.

3.                  Site Plan – (SP-07-53-00), rear-yard outdoor dining patio for Papa Keno‘s, 1035 Mass.

4.                  Site Plan – (SP-08-59-00), Journal World Campus, W side of 600 Blk of New Hamp.

5.                  Annexation - (A-1-2-2000), 5.61 acres, NE of N 7^th & N St. (Tabled)

6.                  Rezone – (Z-1-4-2000), 5.61 acres, NE of N 7^th & N St., from A to RS-2. (Tabled)

7.                  Annexation – (A-09-16-00), 12.54 acres, adjacent to Oak Hill Cemetery.

8.                  Rezone – (Z-08-33-00), 1.2 acres, M-2 to C-3, W side of 600 Blk of Rhode Island & included portions of Riverfront Plaza parking garage .

9.                  Rezone - (Z-08-34-00), 2.225 acres, RD to O-1, KU Campus  near W Campus Rd & 11^th.

10.              Prelim Dev Plan - (PDP-08-14-00), Dunigan Subdivision, add Motel & Suite, W side of Iowa, between 33^rd & 35^th, front of Hollywood Theatres.

11.                UPR – (UPR-08-07-00), temporary relocation of Raintree Montessori School in former USD No. 497 Admin Bldg, 3705 Clinton Pkwy.  

12.              TIP – FY 2000-2004, multi-year listing of Federally Funded & Locally Significant Non-Federal Funded Improvements to transportation system.

13.              Development moratorium and area development plans from the Indian Hills Neighborhood Association.

14.              Drainage Easements – Pending, 2100 Blk of Atchison Ave.