October 24, 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.

With Commission approval Mayor Hodges proclaimed the week of November 4 – 10, 2000, as “National French Week.”

As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to approve the City Commission meeting minutes of October 17, 2000.  Motion carried unanimously.

As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to receive the Traffic Safety Commission meeting minutes of October 2, 2000; the Planning Commission meeting minutes of September 27, 2000; and, the Recycling and Resource Conservation Advisory Board meeting minutes September 6, 2000.  Motion carried unanimously.

            As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to approve claims in the amount of $2,799,461.69 and payroll from October 8, 2000         to October 21, 2000, in the amount of $1,086,145.81.   Motion carried unanimously.                

As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to approve the Drinking Establishment License for Alvamar Country Club, 1809 Crossgate Drive; and, the Retail Liquor License for Jensen Retail Liquor, 620 West 9^th Street.  Motion carried unanimously.

The City Commission reviewed the bids for Fare Boxes for the Public Transit Administrator’s Office.  The bids were:

            As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to award the bid to Diamond Fare Boxes, in the amount of $10,965.00.  Motion carried unanimously.

The City Commission reviewed the bids for Neighborhood Sidewalk Repairs which included Barker, Connecticut, Delaware, Locust, Maine, Mississippi, 9^th Street and 14^th Street for the Public Works Department.  The bids were:

            As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to award the bid to Penny Construction, in the amount of $71,604.20.  Motion carried unanimously.

The City Commission reviewed the bids for 2000 Sidewalk Construction Improvement Projects which included North 3^rd and North 7^th Street, to Penny Construction Co., Inc., for the Public Works Department.  The bids were:

            As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to waive the Engineer’s Estimate and award the bid to Penny Construction, in the amount of $16,607.10.  Motion carried unanimously.

            As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to approve the contract with TranSystems Corporation for the construction inspection on Riverridge Road in the amount of $150,747.25 with the State paying eighty percent (80%) and the City paying twenty percent (20%).  Motion carried unanimously.

            As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to approve the purchase for an easement near 27^th and Oregon for the Sanitary Sewer Improvement Project from KPL in the amount of $10,500.00.  Motion carried unanimously.

                As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to set a bid date of November 21, 2000, 2:00 p.m., for the Southeast Sanitary Sewer Pump Station and Force Main Project.  Motion carried unanimously.

As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to set a bid date of November 14, 2000. 2:00 p.m., for the Northwest Sanitary Sewer Relief Line Project, east of Folks Road, north of Trail Road.  Motion carried unanimously.

As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to adopt Resolution No. 6237/County Resolution No. 00-17, amending the City/County Agreement on the ambulance service concerning liaison official with Douglas County and the annual budget percentage rate between the City and County.  Motion carried unanimously.                       (1)

As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to approve the site plan (SP-8-58-00) for the College Park Apartments, Phase III, located at 19^th and Stewart Avenue, subject to the following conditions:

1.                  Provide a revised Site Plan depicting the following:

a.                  Provide a note that states ”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 Inspector.  These plans must include the replacement of existing structures as noted.  These plans must also include an analysis of the existing pipe to determine the required overflow grading along the north and east property lines”;

b.                  Callout the orifice in structure No. 3;

c.                  Correct the 6’ x 6’ curb inlet detail.  This is structure No. 3, not No. 6;

d.                  Provide details for structure No. 6, No. 8, No. 11 and No. 13;

e.                  Specify that the existing orifice plate is to be left in structure No. 1;

f.                    Provide location and number of bicycle parking spaces;

g.                  Refer to 20-1214 for screening requirements.  Provide screening and landscaping along the eastern property line;

h.                  Per Section 20-1431 (e), provide location of ground mounted units and screening methods;

i.                     Add evergreen screening to back of dumpster enclosure;

j.                     Correct interior greenspace calculation on Sheet No. 2.  Sheet 2 must match Sheet 1;

k.                   Correct pervious area number under proposed conditions on Sheet 2;

2.                  Execution of a Site Plan Performance Agreement;

3.                  Per General Note 10, provide photometric plan for review and approval;

4.                  Provide agreements not-to-protest the formation of benefit districts for Stewart Avenue and 21^st Street;

5.                  Provide a 15’ drainage easement centered on the existing storm sewer pipe along the east property line and depict on Site Plan; and,

6.                  Provide a 10’ drainage easement over the existing storm sewer pipe along the east property line and depict on Site Plan.

Motion carried unanimously.                                                                                              (2)

As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to approve the site plan (SP-9-66-00) for a 4-plex located at 5^th and Wisconsin, subject to the following conditions:

1.                  Provide a revised Site Plan depicting the following:

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

b.                   Report the project benchmark;

c.                  Show the proposed driveway culvert and flowlines as discussed with the owner;

d.                  Show the proposed end sections or headwalls on the culvert;

e.                  Show the required ditch grading in the RW;

f.                    Show proposed grades on site.  Label spot elevations at high points and low points;

g.                  Move the dumpster enclosure 10’ south to prevent runoff washing the area;

h.                  Place the pavement low point at the northeast corner.  Provide a 4’ wide notch in the curb and gutter to discharge toward the site low point.  Revise the corner to a rounded or diagonal alignment to lengthen the distance of flow to the property line.  Provide 12” nominal rip-rap from the curb notch to the property line to reduce impacts to adjacent properties;

i.          The “inlets” shown are not a City standard.  Remove this notation; and,

2.                  Execution of a Site Plan Performance Agreement.

Motion carried unanimously.                                                                                              (3)

As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to approve the site plan (SP-9-67-00) for a Physicians’ office to be located at 4830 Quail Crest Place, subject to the following conditions:

1.                  Execution of a Site Plan Performance Agreement;

2.                  Provision of a Revised Site Plan per the City Stormwater Engineer’s approval to include the following;

a.                  Correct the impervious surface table as follows:  remove the middle box entirely, revise the third box title to read (Phase II) rather than (Total);

b.                  Correct the curb inlet callout to read 6’ x 4’ City Std. Curb Inlet;

c.                  Label the detention outlet pipe size and flowlines.  Provide verification that the outlet pipe controls the discharge to 4.0 CFS as required;

d.                  Label all top of wall elevations at corners and breaks;

3.                  Provision of a revised Site Plan to note that the sidewalk be reconstructed to 5’ wide along Quail Crest Place;

4.                  Provision of a revised Site Plan to show all existing utility easements both on and adjacent to the subject property; and,

5.                  Provision of a revised Site Plan to note the net square feet in General Note 34.

Motion carried unanimously.                                                                                             (4)

As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to authorize the City Manager to execute a contract with Landplan Engineering for the engineering design of 7^th Street between Monterery Way and Comet Lane, street and storm sewer improvements, in the amount of $23,000.00.  Motion carried unanimously.                         (5)

As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to concur with the Traffic Safety Commission’s recommendation to deny the request to establish “no parking” from 8:00 a.m. to 5:00 p.m., Monday through Friday, along the east side of Emery Road from Stratford Road, north 140 feet.  Motion carried unanimously.                                   (6)

As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to concur with the Traffic Safety Commission’s recommendation to deny the request to establish “no parking” along one side of Harvard Road between Monterey Way and Wakarusa Drive.  Motion carried unanimously.                                                                                                 (7)

As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to receive the Traffic Safety Commission’s Resolution concerning traffic calming in new developments; and, direct staff to prepare the appropriate ordinance.  Motion carried unanimously.                                                                                                                                         (8)

Mayor Henry called a public hearing on the proposed benefit district for the traffic signal improvement and related geometric improvement at Clinton Parkway and Harford/Hawthorne Drives.

George Williams, Public Works Director, presented the staff report on the proposed benefit district.  The City Commission had previously conducted a hearing on these improvements at which time the property owners asked for the benefit district to be enlarged.  The proposed district before the City Commission included that additional property.

Upon receiving no public comment, it was moved by Rundle, seconded by Dunfield, to close the public hearing.  Motion carried unanimously.

Moved by Kennedy, seconded by Hodges, to adopt Resolution No. 6238, making findings of fact for the installation of a traffic signal at Clinton Parkway and Hartford/Hawthorne Drive.  Motion carried unanimously.                                                                                             (9)

Moved by Kennedy, seconded by Hodges, to adopt Resolution No. 6239, ordering the installation of a traffic signal at Clinton Parkway and Hartford/Hawthorne Drive.  Motion carried unanimously.                                                                                                                                (10)

            Rod Brown, Chief, Wakarusa Township Fire Department, presented a request for water service to a new fire station on leased land from Western Resources which was outside the City limits.

            Mike Wildgen, City Manager, said since this was a public service function, it may be appropriate for the City to supply water to the facility which was outside the City limits.  It was unique enough to provide an exemption to the City’s policy.  He recommended if this use was discontinued, the service would discontinue.  Wildgen recommended an agreement with Wakarusa Township stating the conditions. 

             Moved by Hodges, seconded by Kennedy, to approve the request for an exemption from the City’s requirement that required individual water service must be within the City of Lawrence boundaries for the Wakarusa Township Fire Station on leased land from Western Resource; and, direct staff to prepare an agreement stating if the Fire Station use was discontinued, this service would be discontinued.  Motion carried unanimously.                       (11)       

            Karin Rexroad, Public Transit Administrator, presented the recommendation from the Public Transit Advisory Committee to not allow advertisement on or within the transit system vehicles and on other transit passenger amenities.   The committee reviewed various policies and decided at this time, it was best not to allow advertising.

             Hodges asked about public service announcements.

            Rexroad said the committee felt a strong policy was needed for either type of advertising.  It was decided not to include any type of advertising at this time.

            Kennedy thought initially it would be best not to allow advertising.  He thought the City Commission should keep this option open for the future.

            Rundle said because fares would probably not cover the cost of the transit system, he thought it might be appropriate to advertise as a source of revenue in the future.

            Moved by Kennedy, seconded by Rundle, to concur with Public Transit Advisory Committee and not allow advertisement on or within transit system vehicles and/or other transit passenger amenities at this time.  Motion carried unanimously.                                                (12)

Rexroad said the next issue was the location for the transit system transfer station.  After lengthy review and discussion, the Public Transit Advisory Committee recommenced the Lawrence Transit System utilize a staggered transfer system to be located on 9^th Street between Massachusetts and Vermont.

Dunfield asked about the South Park location.

Rexroad said the concern was being too far from the Downtown area.  Other than that, there was no specific discussion on the South Park location.  The general consensus was for 9^th Street.

 Moved by Kennedy, seconded by Rundle, to concur with the Public Transit Advisory Committee’s recommendation that the Lawrence Transit System utilize a staggered transfer system at 9^th Street between Massachusetts and Vermont.  Motion carried unanimously.       (13)    

Mike Wildgen, City Manager, presented the staff report on the acquisition of twenty (20) acres generally located north and west of Folks and Peterson Roads for park and open-space purposes.  The property was heavily wooded and was an excellent candidate for open-space, hiking trails and limited park use.  The property owners have agreed to the offered price of $13,000.00 per acre.  This price compares favorably with other recent purchases in the area.  The acquisition of this twenty (20) acre site complements an existing City Park and future park sites in the area.  The $260,000.00 purchase price would come from sales tax funds.

Moved by Rundle, seconded by Dunfield, to approve the purchase of twenty acres generally located north and west of Folks and Peterson Roads, the Dickey property, for park and open-space purposes in the amount of $260,000.00.  Motion  carried unanimously.        (14)

  Tim Herndon, LandPlan Engineering, presented a walk-on request to the City Commission concerning annexation of approximately 4.7 acres adjacent to the Fox Chase Subdivision.  The most recent Fox Chase Addition, required an agreement and an annexation of approximately 5.7 acres adjacent to this tract.  That agreement was drafted and in order to proceed with the filing of the Final Plat, Herndon requested first reading of an Ordinance annexing that property.

Mike Wildgen, City Manager, said staff had no problem with first reading on the Ordinance.  Staff recently received the agreement and would have time to review the agreement prior to second reading of the Ordinance on November 7, 2000.

Moved by Rundle, seconded by Kennedy, to place of first reading Ordinance No. 7276, annexing property adjacent to Fox Chase Subdivision.  Motion carried unanimously.   (15)       

Jean Lewis, Owner, Milton’s, 900 Block of Massachusetts, requested the City Commission review the temporary parking situation on Massachusetts.  She expressed concern about the temporary loading spots that were directly adjacent to the thirty (30) minute parking spaces.

Mike Wildgen, City Manager, said the City agreed to fifteen (15) thirty (30) minute parking spaces.  There were two (2) additional thirty (30) minute parking spaces, which he recommended eliminating.  The temporary loading area was placed at the current location because it was in the middle of the block.  All of the businesses had equal access to those spaces.

Lewis recommended moving those spaces to the south end of the block or a least stagger the loading spaces.  She presented a petition of  merchants in the 900 block requesting that the City Commission re-think the location of the temporary loading spaces.

The City Commission concurred to direct staff to eliminate two (2) of the (30) thirty minute parking spaces and review the location for the temporary loading spaces.

Todd Thompson, representing Sonic Drive-In, requested the City Commission consider approval of the Preliminary Development Plan to the Target PCD.  The major stumbling block was the location of the dumpster.  Staff and the applicant were now in agreement on that location.  The placement and design of the dumpster enclosure would be presented and approved at the time of the Final Development Plan for lots  two (2), three (3) and the tract.

Rundle asked why the applicant was walking-on the approval.

Thompson said it was an issue of timing.  The deliberation on the rezoning delayed the project somewhat and since the City Commission does not meet next week, the applicant could proceed with the necessary closings.

Hodges asked about the deceleration lane on 31^st Street.

Sandra Day, Planner, said the Preliminary Development Plan excluded a deceleration lane.  The Final Development Plan included an agreement not-to-protest a benefit district.

Hodges asked how soon would the deceleration lane be built.

Linda Finger, Planning Director, said as soon as all the properties along the corridor redevelop.  At the present time there were no development plans for that property.

Hodges requested the condition on not protesting a benefit district that was on the Final Development Plan be placed on the Preliminary Development Plan.

Moved by Hodges, seconded by Henry, to approve the Preliminary Development Plan for the Sonic Drive-In located in the Target PCD subject to the following additional conditions: 

1.      Placement and design of the dumpster enclosure would be presented and approved at the time of the Final Development Plan for Lots two (2), three (3) and the tract; and,

2.      Condition No. 4 on the Final Development Plan concerning agreements not-to-protest be placed on the Preliminary Development Plan.

Motion carried unanimously.                                                                                            (16)

Planning Staff clarified with the City Commission the agreements not-to-protest applied only to the lots and parcels in Phase 4 of the Target PCD.

Moved by Kennedy, seconded by Dunfield, to adjourn at 8:45p.m.   Motion carried unanimously.                                                                   

APPROVED:

                                                                        _____________________________

James R. Henry, Mayor

ATTEST:

 

___________________________________                                                                       

Raymond J. Hummert, City Clerk

COMMISSION MEETING OCTOBER 24, 2000

1.                  Resolution No. 6237/County Resolution No. 00-17 – amend City/County agreement on ambulance service.

2.                  Site Plan – (SP-8-58-00), College Park Apts, Phase III, 19^th & Stewart Ave.

3.                  Site Plan – (SP-9-66-00), 4-plex, 5^th & Wisconsin.

4.                  Site Plan – (SP-9-67-00), Physician office, 4830 Quail Crest Pl.

5.                  Contract – Engineering Design of 7^th between Monterey Way & Comet Ln to Landplan Engineering for $23,000.

6.                  TSC – Deny No Parking, from 8 to 5 pm, Mon-Fri, along E side of Emery Rd. from Stafford Rd, N 140’.

7.                  TSC – Deny No Parking, alone one side of Harvard between Monterey Way & Wakarusa Dr.

8.                  TSC – Traffic calming in new developments.

9.                  Resolution No 6238 - Finding of fact, traffic signals at Clinton Pkwy & Hartford/Hawthorne Dr.

10.              Resolution No 6239 - Order Installation, traffic signals at Clinton Pkwy & Hartford/Hawthorne Dr.

11.              Request for Exemption – Water service at Wakarusa Township Fire Dept.

12.              Transit System – No advertisements allowed on or within transit system vehicles.

13.              Transit System – Utilize staggered transfer system at 9^th between Mass & Vermont.

14.               City to Purchase 20 Acres – N & W of Folks & Peterson, Dickey property for $260,000.

15.               Ordinance No. 7276 – 1^st Reading, Annex property adjacent to Fox Chase Subdivision.

16.               Prelim Dev Plan – Sonic Drive-In in Target PCD, additional conditions.