December 5, 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.  Student Commissioners May and Andyshak were present.

As part of the consent agenda, it was moved by Rundle, seconded by Dunfield, to approve the City Commission meeting minutes of November 28, 2000.

As part of the consent agenda, it was moved by Rundle, seconded by Dunfield, to approve the Mental Health Care meeting minutes of October 31, 2000; the CVB Advisory Board meeting minutes of October 24,2000; the Board of Zoning Appeals meeting minutes of November 2, 2000; the Sign Code Board of Appeals meeting minutes of November 2, 2000; and, the Planning Commission meeting minutes of November 15, 2000.  Motion carried unanimously.

As part of the consent agenda, it was moved by Rundle, seconded by Dunfield, to approve claims in the amount of $1,358,544.98 and payroll from November 19, 2000 to December 2, 2000 in the amount of $1,134,148.02.  Motion carried unanimously.

As part of the consent agenda, it was moved by Rundle, seconded by Dunfield, to approve the Drinking Establishment Licenses for Veteran of Foreign Wars, 136 Alabama; Quinton's, 615 Massachusetts; Bottleneck, 737 New Hampshire; Pizzeria Uno Chicago Bar & Grill, 3333 Iowa; Imperial Garden, 2907 West 6th; Royal Crest Lanes, 933 Iowa; the Retail Liquor Licenses for Linda's Liquor, 3032 Iowa; Spirit Liquor, 600 Lawrence Avenue; and, the Cereal Malt Beverage License (Off Premise) for Gill's Amoco, 2301 Louisiana (Contingent Upon Departmental Approval).  Motion carried unanimously.

As part of the consent agenda, it was moved by Rundle, seconded by Dunfield, to approve the Sexually Oriented Business for Priscilla's, 1206 West 23rd Street.  Motion carried unanimously.

As part of the consent agenda, it was moved by Rundle, seconded by Dunfield, to concur with the recommendation of the Mayor and appoint Kirk Lambright to the position of Special Alcohol Advisory Board.  Motion carried unanimously.

As part of the consent agenda, it was moved by Rundle, seconded by Dunfield, to approve the purchase from the sole bidder to Splashtacular, Inc. for Indoor Aquatic Center pool equipment, in the amount of $32,209.00.  Motion carried unanimously.

The City Commission reviewed the bids for installation of a sprinkler system for Fire Station No. 1.  The bids were:

            BIDDER                                                          BID AMOUNT

                        Jayhawk Fire Sprinkler                                    $41,300.00

                        Conley Sprinkler, Inc.                                      $55,094.00

                        National Fire Suppression                              $70,687.00

                As part of the consent agenda, it was moved by Rundle, seconded by Dunfield, to award the bid to Jayhawk Fire Sprinkler, in the amount of $41,300.00.  Motion carried unanimously. 

            As part of the consent agenda, it was moved by Rundle, seconded by Dunfield, to approve the purchase from the sole source bidder for new parking control equipment to Cardinal Tracking, Inc. in the amount of $29,394.00.  Motion carried unanimously.   

            As part of the consent agenda, it was moved by Rundle, seconded by Dunfield, to set bid date of December 19, 2000 for Neighborhood Sidewalk Improvements, located at Haskell Avenue, 23rd, 19th, Harper, 6th, Kasold, and Atchison.  Motion carried unanimously.

            As part of the consent agenda, it was moved by Rundle, seconded by Dunfield, to place on first reading Ordinance No. 7305, rezoning [Z-05-17-00] approximately 10.561 acres from A (Agricultural District) to RS-2 (Single-Family Residence District), property located west of Wakarusa Drive, south of N 1700 Rd. in Westwood Hills.  Motion carried unanimously.        (1)

            As part of the consent agenda, it was moved by Rundle, seconded by Dunfield, to place on first reading Ordinance No. 7306, rezoning [Z-05-18-00] approximately 40.84 acres from A (Agricultural District) to RS-1 (Single-Family Residence District), property located west of Wakarusa Drive, south of N 1700 Rd. in Westwood Hills.  Motion carried unanimously.        (2)

            As part of the consent agenda, it was moved by Rundle, seconded by Dunfield, to place on first reading Ordinance No. 7307, rezoning [Z-05-21-00] approximately 3.02 acres from A (Agricultural District) to PRD-1 (Planned Residential District), property located west of Wakarusa Drive, south of N 1700 Rd. in Westwood Hills.  Motion carried unanimously.                  (3)

            As part of the consent agenda, it was moved by Rundle, seconded by Dunfield, to place on first reading Ordinance No. 7308, rezoning [Z-06-30-00] approximately 17.068 acres from A (Agricultural District) to RM-D (Residence-Duplex District), property located south of the Kansas Turnpike, west of Kasold Drive.  Motion carried unanimously.                                       (4)

            As part of the consent agenda, it was moved by Rundle, seconded by Dunfield, to place on first reading Ordinance No. 7309, rezoning [Z-06-31-00] approximately 16.633 acres from A (Agricultural District) to RS-2 (Single-Family Residence District), property located south of the Kansas Turnpike, west of Kasold Drive.  Motion carried unanimously.                                         (5)

            As part of the consent agenda, it was moved by Rundle, seconded by Dunfield, to place on first reading Ordinance No. 7310, rezoning [Z-09-36-00] approximately 1.377 acres from M-3 (Intensive Industrial District) to RO-2 (Residence-Office), property located at 622-626 Locust in N. Lawrence.  Motion carried unanimously.                                                                   (6)

Marci Francisco, 946 Ohio, requested a formal public hearing be conducted before adoption of the Parks and Recreation Comprehensive Master Plan.  She said the plan should continue to support and give attention to Downtown and older neighborhoods.  She supported South Park as a special event and signature park.  Francisco said the City Commission should not abandon South Park as an events park in favor of the open-space area at Clinton.  She presented a statement that was circulated by Betty Lichtwardt over the weekend opposing the wording to establish a Signature Regional Park at the westernmost periphery of Lawrence near Clinton Lake which should be characterized as the main events park in Lawrence.  The statement presented wording to establish a Regional Park that utilized the advantages of the Clinton Lake environment.

Kim Richter, Kaw Valley Soccer Association, urged the City Commission to fund the traffic study concerning the intersection of Wakarusa and K-10.  Additional development of that area was limited because of traffic concerns by KDOT.  Appropriate access to this area was a high priority because of the increase in use of the area.

Pat Kahde, 1636 Learnard, spoke in opposition to the designation of the area at Clinton Lake as a Signature Park.  She objected to the process which seemed to have the Master Plan developed by a consultant not familiar with Lawrence.  Kahde encouraged the City Commission to retain South Park as Lawrence’s Signature Park and recommended tabling the Master Plan until further review of the document.

Melinda Henderson, 827 Michigan, presented a petition that was done over the Internet opposing the wording in the Master Plan that would establish one (1) Signature Regional Park at the westernmost periphery of Lawrence near Clinton Lake characterized as the Main Event Park in Lawrence.  There were seventy one (71) signatures to the petition with some of those people providing additional written comments which she presented to the City Clerk.  Henderson said Horizon 2020 indicated this type of Master Plan should be reviewed by the Planning Commission.  She  recommended deferring action until formal public hearing on the Master Plan could be held.

Fred DeVictor, Parks and Recreation Director, said it was not the intention to eliminate South Park as the City’s Signature Park.  The proposed concept in the Master Plan was to develop the area at the Clinton Lake Facility as a multi-use facility including sports and other recreational opportunities.  It was not the intent of the Master Plan to slight any of the City Parks.

Rundle said he was sympathetic to the proposed change in language in the Master Plan.  He thought by emphasizing one (1) specific area, it may be detrimental to other Parks because it could direct limited resources to that area.  He wanted to make sure the City did not over commit to one (1) particular idea or concept at the expense of others.  He recommended adoption of the alternate language.

Dunfield suggested the proposed wording may eliminate some confusion within the document.  He recommended eliminating the sentence that required the Regional Park to be self sustaining through user fees.  Dunfield said the City does not place that type of restriction on other parks.

Hodges suggested eliminating the wording referring to the area as a special lake-related natural area.  None of this area bordered the lake.  Hodges recommended referring the document back to the Parks and Recreation Advisory Board for their review and recommendation.                              

Moved by Hodges, seconded by Kennedy, to refer the Parks and Recreation Master Plan back to the Parks and Recreation Advisory Board to review the proposed language for the use of the Clinton Park area.  Motion carried unanimously.                                                           (7)

As part of the consent agenda, it was moved by Rundle, seconded by Dunfield, to adopt Resolution No. 6252, establishing a public hearing date of January 23, 2001, declaring the property at 1037 Wellington Road unsafe and dangerous.  Motion carried unanimously.           (8)

As part of the consent agenda, it was moved by Rundle, seconded by Dunfield, to concur with the Planning Commission’s recommendations to adopt the findings of fact and approve the request for rezoning [Z-09-42-00] of approximately 6,116 sq. ft. from M-1 to RO-2, located west of Haskell Avenue on the north side of E. 19th Street, at 944 E. 19th Street; and, direct staff to prepare the appropriate Ordinance.  Motion carried unanimously.                          (9)

As part of the consent agenda, it was moved by Rundle, seconded by Dunfield, to concur with the Planning Commission’s recommendations to adopt the findings of fact and approve the request for rezoning [Z-9-41-00] of approximately 2.149 acres from B-1 to PDD-2, located northwest of the intersection of Clinton Parkway and Wakarusa Drive; and, direct staff to prepare the appropriate Ordinance.  Motion carried unanimously.                                             (10)

As part of the consent agenda, it was moved by Rundle, seconded by Dunfield, to concur with the Planning Commission’s recommendations to approve Preliminary Development Plan (PDP-09-16-00) for Wakarusa Center PCD, to include Clinton Parkway Nursery with the proposed expansion of the parking lot to the north of the existing nursery facilities, and accept the dedication of easements and rights-of-way subject to the following conditions:

1.                  Provision of a revised development plan to include a note on the face of the plan to identify the date and reductions approved for the variances; and,

2.         Provision of a revised development plan to show the proposed building on the   east side of the property within the required side yard setback.

Motion carried unanimously.                                                                                                         (11)

As part of the consent agenda, it was moved by Rundle, seconded by Dunfield, to authorize a change order to Altmar, Inc., for the replacement of hypoxy flooring with ceramic tile for the Indoor Aquatic Center, in the amount, not to exceed $55,000.00.  Motion carried unanimously.                                                                                                                                          (12)

As part of the consent agenda, it was moved by Rundle, seconded by Dunfield, to authorize the City Manager to execute an engineering agreement with BG Consultants, Inc. for the hydraulic study of the Yankee Tank East Tributary (Atchison Avenue) in the amount of $15,760.00.  Motion carried unanimously.                                                                                         (13)

As part of the consent agenda, it was moved by Rundle, seconded by Dunfield, to accept the proposal from John Kraft to move the house at 2128 Harper Street, prior to building the new Fire Station No. 2.  Motion carried unanimously.                                                                  (14)   

Mayor Henry called a public hearing on the proposed partial vacation of a utility easement in Lot 1, Block 1, of Prairie Meadows No. 25, located in the 2900 block of Crestline Drive.

George Williams, Public Works Director, presented the staff report recommending approval of the vacation.

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

 Moved by Rundle, seconded by Dunfield, to approve the partial vacation of a utility easement in Lot 1, Block 1 of Prairie Meadows No. 25, located in the 2900 block of Crestline Drive and authorize the Mayor to sign the Vacation Order.  Motion carried unanimously.        (15)

George Williams, Public Works Director, presented the staff report on the Westwood sanitary sewer.  Williams presented a map of the Westwood area consisting of approximately a dozen homes located along Westwood Road bordered by Iowa, 15th Street and Engle Road.  Six (6) of these homes, Lot 6, 7, 8, 9, 10, and 11 were served by a private sanitary sewer line which was constructed in the late 1940‘s.  The private line discharged into a City sanitary sewer manhole near 15th and Iowa Streets.  This private line was built with materials that did not meet today’s standards and has been an on-going maintenance concern for a number of years.  This sewer system was now failing in a number of areas and has become a public health concern because of repeated sewer discharges.

Staff recommended the creation of a sanitary sewer benefit district to design and construct a public sanitary sewer line to serve this area.  The approximate cost of the line would be $120,000.00 or $20,000.00 per lot.  He recommended City participation similar to that in the Western Hills benefit district.

Williams said included in the packet was a letter from Jackson Baur stating that he was connected to the new City line.  Based upon staff’s observation, he was not connected to the new line and should be part of the benefit district.

Charles Baer, 11 Westwood Road, presented a history of the development of the area and requested a benefit district be formed to build a new sanitary sewer meeting current standards.

Jackson Baur, 6 Westwood, said his line was connected to the new line and should not be part of the benefit district.  He presented maps identifying his connection.

Paul Getto, 10 Westwood, said he had no problems with the sanitary sewer serving his property.  He did not want his backyard torn up with a new sewer.

Richard Ziesenis, County Health Department, presented pictures of raw sewage discharging from the private line.  The line needed to be replaced.

Rundle asked if there were any alternative ways of constructing a new sanitary sewer in the area.

Williams said direct boring may be used, but it would be more expensive and a temporary system would need to be built to handle sanitary sewer during the construction process.

Dunfield said the City had a failing system in this area and needed to begin the process for a new sewer.

Moved by Hodges, seconded by Dunfield, to direct staff to proceed with formation of a benefit district to replace the private Westwood sanitary sewer line.  Motion carried unanimously.                                                                                                                                                         (16)

David Corliss, Assistant City Manager, presented the report on the draft 2001 State Legislative Priority Statement.  He presented the 2000 statement for reference and reviewed several other issues to be considered by the City Commission including Statewide Keg Registration, Redistricting and Reappointment Issues, Utility Rate Equity Issues, Water Quality Standards, and support for State Recycling and Resource Conservation Grants and Programs.

Hodges thought it was important for the City to take an early and active role in supporting the City of Lawrence and Douglas County stay in the Third Congressional District and not be added to the 2nd District.

Rundle supported additional funding for Mental Health from the State and Insurance Parity for Mental Health Services.  He requested staff explore the water quality issues so the City Commission could take an appropriate position on that matter. He suggested the City Commission lobby the State to use Economic Development and other resources to help develop markets for recycled materials.

Corliss said he would present the League of Kansas Municipalities position on water quality standards for the City Commission to decide on its policy in this area.

Henry supported the Statewide Keg Registration proposal.

Dunfield asked what the Legislature’s role would be in Utility Rate Equity.               

Corliss said that authority for utility regulation was delegated to the Corporation Commission.  Some Legislators would say those decisions should be determined by the Corporation Commission.  Other Legislators might want to change the role of the Corporation Commission in deciding those issues.

Kennedy asked about the codification of alcoholic beverage licensing.

Corliss said since it was a new Legislative Session, all previous bills died and needed to be re-entered.  There appeared to be some general consensus the Liquor Laws needed to be re-codified, but not to the detriment of the Cites regulating those activities.

Dunfield suggested the City support appropriate public funding for education.

The City Commission concurred to direct staff to prepare a draft 2001 State Legislative Priority Statement based upon the information provided.                                                               (17)

Linda Finger, Planning Director, presented the staff report on the Indian Hills Neighborhood 31st Street development issues.

David Geyer, 2647 Arkansas, thanked staff for the detailed report.   He pointed out a statement in the report that stated infrastructure improvements in the area could accommodate small pockets of growth.  It was important to keep development at a level that could be accommodated by the infrastructure improvements.

Bob Hagen, 926 West 28th Terrace, said the Southwest Development Plan was mentioned as a guideline which he suggested the plan was outdated.  Since the development of the Southwest Development Plan, the Southwest Lawrence Trafficway had been abandoned, floodplain boundaries had changed and development had occurred in the areas within the City.  Hagen asked where the City could go from this point.  The annexation policy in this area could take one (1) of three (3) directions: continued the current piece meal policy; develop an aggressive strategy for annexation of the entire region of the Wakarusa Valley to plan comprehensively; or, no annexation at all in the new area.  If the City does not declare a moratorium of development in this area, it should develop a new Comprehensive Plan for the area.

Carol Bowen, 403 Dakota, said traffic in this area was a key issue.  The City needed to plan how to get people based upon the current transportation system from one location to the other.  Any development along the 31st Corridor would have a direct impact on Louisiana.

Rundle asked if the Southwest Development Plan was in the process of being updated.

Linda Finger, Planning Director, said the main focus at the current time was updating Horizon 2020.  There was not specific date or deadline for upgrading the Southwest Development Plan or other regional plans.  Finger suggested the City Commission should consider carefully any development in this area and make sure they feel comfortable with the infrastructure capability of servicing that development.  If they had questions concerning the status of the infrastructure, additional information should be obtained prior to approval of the development.

Henry suggested the process for improving 31st Street would be helpful in making decisions in this area.

Rundle asked about creating a moratorium.

David Corliss, Assistant City Manager, said if there was a moratorium, it should be clearly defined within a timeframe.  If there was a concern with a planning issue, it should be identified when the plan would be ready.  If it was a public safety issue, it should identify what it would take to resolve that issue.  The City was successful in developing programs short of a moratorium to restrict development until certain infrastructure improvements were completed.

Dunfield asked if it made since to annex areas that were environmentally sensitive in order to better control development in that area.

Finger said that would take a clearly defined annexation policy to identify when it was appropriate to annex area based upon certain criteria.  That was on any items on her work list for the Planning Department, but not with a high priority.

The City Commission concurred to receive the report on the Indian Hills Neighborhood issues and 31st Street development and assured the Neighborhood Association that they shared their concerns about development in this area.                                                                           (18)

Henry informed the City Commission the discussion concerning the number of unrelated individuals in single family zoned property would be heard on December 12, 2000.  He planned to keep public comments limited to three (3) minutes per person with a total discussion time of two (2) hours.  He encouraged people to present new ideas to the City Commission and written comments prior to the meeting.

Moved by Kennedy, seconded by Hodges, to cancel the City Commission Meeting of January 30, 2001, May 29, 2001, July 3, 2001, October 30, 2001, March 20, 2001 and December 25, 2001.  Motion carried unanimously.            

            Moved by Kennedy, seconded by Hodges, to adjourn at 9:00 p.m.   Motion carried unanimously.                                                                               

 

 

APPROVED:

                                                                       

_____________________________

James R. Henry, Mayor

ATTEST:

 

 

___________________________________                                                                       

Raymond J. Hummert, City Clerk

CITY COMMISSION MEETING

DECEMBER 5, 2000

1.                  Ordinance No. 7305 -- 1st Reading, Rezoning approximately 10.561 acres from A to RS-2, located W of Wakarusa Dr., S of N 1700 Rd. in Westwood Hills.

2.                  Ordinance No. 7306 -- 1st Reading, Rezoning approximately 40.84 acres from A to RS-1, located W of Wakarusa Dr., S of N 1700 Rd. in Westwood Hills.

3.                  Ordinance No. 7307 -- 1st Reading, Rezoning approximately 3.02 acres from A to PRD-1, located W of Wakarusa Dr. S of N 1700 Rd. in Westwood Hills.

4.                  Ordinance No. 7308 -- 1st Reading, Rezoning approximately 17.068 acres from A to RM-D, located S of the Kansas Turnpike, W of Kasold Dr.

5.                  Ordinance No. 7309 -- 1st Reading, Rezoning approximately 16.633 acres from A to RS-2, located S of the Kansas Turnpike, W of Kasold Dr.

6.                  Ordinance No. 7310 -- 1st Reading, Rezoning approximately 1.377 acres from M-3 to RO-2, located at 622-626 Locust in N. Lawrence.

7.                  Parks and Recreation Master Plan discussion.

8.                  Resolution No. 6252 -- Establishing a public hearing date of January 23, 2001.

9.                  FOF -- [Z-09-42-00] Rezone approximately 6,116 sq. ft. from M-1 to RO-2, located W of Haskell Avenue on the N side of E. 19th St. at 944 E. 19th St.

10.              FOF -- [Z-09-41-00] Rezone approximately 2.149 acres from B-1 to PCD-2, located NW of intersection of Clinton Parkway and Wakarusa Dr.

11.              PDP -- [PDP-09-16-00] for Wakarusa Center PCD, to include Clinton Parkway Nursery.

12.              Authorization -- Change order to Altmar, Inc.

13.              Authorization -- Execute an engineering agreement with BG Consultants, Inc.

14.              House Removed – 2128 Harper for Fire Station No. 2.

15.              Order of Vacation -- Utility easement in Lot 1, Block 1 of Prairie Meadows No. 25.

16.              Direct Staff -- Prepare resolution concerning Westwood sanitary sewer issues.

17.              Direct Staff -- Received draft 2001 State Legislative Priority Statement.

18.              Receive Report -- Indian Hills Neighborhood Association letter (31st Street development issues).