January 2, 2001
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 and Rundle present. Kennedy was absent. Student Commissioner May and Andyshak were present.
With Commission approval Mayor Henry proclaimed the month of January 2001, as “Undoing Racism Month”; and, the week of January 9th - 16th, 2001 as "Dr. Martin Luther King Jr. Week."
As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to approve the City Commission meeting minutes of December 19, 2000. Motion carried unanimously.
As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to receive the Public Library Board meeting minutes of November 15, 2000; the Traffic Safety Commission meeting minutes of December 4, 2000; and, the Board of Plumbers and Pipe Fitters meeting minutes of September 21, 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 $1,135,711.65 and payroll from December 17, 2000 to December 30, 2000 in the amount f $1,080,283.20. Motion carried unanimously.
As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to concur with the recommendation of the Mayor and appoint Karen Swisher to the Sister Cities Advisory Board; and, appoint Jim Stogsdill to the Aviation Advisory Board Motion carried unanimously.
As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to approve change order with Altmar Construction for flooring materials at the new Lawrence Arts Center in the amount of $28,223.00. Motion carried unanimously.
The City Commission reviewed the bids for Neighborhood Sidewalk Improvements for 6th Street, Kasold, Atchison Ave., Harper, 19th Street and Haskell. The bids were:
BIDDER BID AMOUNT
Engineer's Estimate $242,900.00
Penny Construction Co., Inc. $187,529.09
Huge Construction, Inc. $191,773.25
Graybeal Construction Co., Inc. $211,718.25
LRM Industries, Inc. $214,088.80
D.F. Freeman Contractor's, Inc. $300,694.55
As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to award the bid to Penny Construction Co., Inc., in the amount of $187,529.09. Motion carried unanimously.
As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to enter into a contract for leasing golf carts and utility vehicles to E-Z-Go Textron, in the amount of $35,362.80 plus $2,700.00 in maintenance costs. Motion carried unanimously.
Hodges asked for an explanation for the change order for the Downtown Parking Garage.
Dunfield said he would abstain from the discussion and vote on this matter because of a potential conflict of interest.
Mark Moore, representing 9-10 LC, said during the drilling of the first twenty-eight (28) piers for the parking garage, the contractor had encountered additional cost because of the need to drill deeper piers. Insufficient bearing capacity was encountered at the original depths during the excavation process. Based upon the twenty-eight (28) completed piers, the estimated contract adjustment was to be a guaranteed maximum of $150,000.00. A final adjustment would be made upon completion of the drilled piers. Upon completion, the certified boring logs for each of the eighty-one (81) drilled piers would be reviewed to determine the actual cost.
Moved by Hodges, seconded by Rundle, to approve the change order for the maximum amount of $150,000.00 for the Downtown Parking Garage Construction because deeper pier depth was required. Aye: Henry, Hodges, Rundle. Nay: None. Abstain: Dunfield. Motion carried
Moved by Hodges, seconded by Rundle, to approve Resolution No. 6264, authorizing $150,000.00 in additional General Obligation Bond Authority for the Downtown Parking Garage. Aye: Henry, Hodges, Rundle. Nay: None. Abstain: Dunfield. Motion carried As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to place on first reading Ordinance No. 7312, annexing approximately 0.00061 acre tract which was inadvertently omitted from an earlier annexation (Ordinance No. 7276). Motion carried unanimously. (1)
Ordinance No. 7313, rezoning [Z-06-25-00] approximately 12.441 acres from A (Agricultural) to RS-2 (Single-Family Residence), property located NW of E. 31st Street (extended) and O'Connell Rd., was read a second time.
As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to adopt the ordinance. Aye: Dunfield, Henry, Hodges and Rundle. Nay: None. Motion carried unanimously. (2)
As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to adopt Resolution No. 6258, establishing January 23, 2001 as the public hearing date on the proposed special assessment benefit district to construct a box culvert across 27th Street, near Crossgate Drive. Motion carried unanimously. (3) As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to adopt Resolution No. 6259, establishing January 23, 2001 as the public hearing date on the proposed special assessment benefit district to improve Crossgate from 27th Street to 24th Place. Motion carried unanimously. (4)
As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to adopt Resolution No. 6260, establishing January 23, 2001 as the public hearing date on the proposed special assessment benefit district to improve Inverness Drive (two additional lanes) from 27th Street to 24th Place. Motion carried unanimously. (5)
As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to adopt Resolution No. 6261, establishing January 23, 2001 as the public hearing date on the proposed special assessment benefit district to improve sanitary sewer line in Westwood, northeast of 15th and Iowa. Motion carried unanimously. (6)
As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to adopt Resolution No. 6262, requesting County Commission recommendation on the proposed City annexation of approximately 20 acres of City owned property generally located north and west of Folks Road and Peterson Road which was the recent City acquisition of parks and open space property and refer annexation request to the Planning Commission for recommendation. Motion carried unanimously. (7)
As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to approve the site plan (SP-08-57-00) for a 2-unit warehouse to be located at 331 Maple Street, subject to the following conditions:
1. Provision of a Revised Site Plan depicting the following:
a. Correct zoning note to read “General Industrial District”;
b. Provide additional evergreen shrubbery along the east and west property lines to effectively screen the parking lot from adjacent properties;
2. Provide an executed agreement not-to-protest street and sidewalk improvements for Maple Street; and,
3. Provide an executed Site Plan Performance Agreement.
Motion carried unanimously. (8)
As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to concur with the Planning Commission’s recommendations to approve the Final Plat (PF-10-34-00) for Sale Barn Addition, a one-lot industrial subdivision that contains 2.86 acres, located on the north side of E. 11th Street at Oregon Street; and, accept the dedication of easements and rights-of-way subject to the following conditions:
1. Provision of a revised Final Plat depicting the following:
a. The Allen Press Addition to the north identifies a 5' utility easement extending onto this property, please clarify or show on plat;
2. Execution of a Temporary Utility Agreement;
3. Provision and approval of a Master Street Tree Plan; and,
4. Provide location on face of plat for book and page number of recorded Master Street Tree Plan.
Motion carried unanimously. (9)
As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to concur with the Planning Commission’s recommendations to approve the Final Plat (PF-10-37-00) for Prairie Park Addition No. 3, a 26-lot and three-tract residential subdivision containing approximately 12.51 acres, located at the northwest corner of E. 31st Street (extended) and O'Connell Rd.; and, accept the dedication of easements and rights-of-way subject to the following conditions:
1. Provision of a revised Final Plat depicting the following:
a. Correct note 7 to read "Tract C";
2. Provide an agreement not to protest a benefit district for traffic claming improvements necessitated by 30th and Kensington becoming a 4-way intersection;
3. Dedicate Tract A to the City of Lawrence as indicated by the note on the face of the plat and provide documentation of the dedication;
5. Provide street sign fees in the amount of $600.00; and,
6. Amend the plat prior to scheduling for action by the City Commission to include Lots 35 and 36, and inclusion of Tracts B and C with these adjacent properties to create two lots.
Motion carried unanimously. (10)
As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to concur with the Planning Commission’s recommendations to approve the Final Plat (PF-10-40-00) for JMC Subdivision No. 2, a replat of Gentry Subdivision and a portion of the North Half of the South Half of Block 6, North Lawrence Addition to the City of Lawrence; and, accept the dedication of easements and rights-of-way subject to the following conditions:
1. Addition of a note to the face of the final plat stating: "No person shall construct, maintain, or allow any natural or non-natural structures or vegetative barriers (including but not limited to trees, shrubbery, berms, fences, and walls) upon drainage easements which, the Director of Public Works, or his or her designee, finds impedes, detains, retains, or otherwise interferes with the drainage of stormwater regardless of the source of stormwater";
2. Addition of a note to the face of the final plat stating: "Proposed drainage improvements must be constructed prior to the issuance of building permits";
3. Addition of a note to the face of the final plat stating: "If during the construction process, on any of the lots, the drainage channel is disturbed the developer is responsible for reconstructing the drainage channel to the specifications set forth in the preliminary plat";
4. Change dates on signature blocks from 2000 to 2001; and,
5. Execution of a Temporary Utility Agreement.
Motion carried unanimously. (11)
As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to concur with the Planning Commission’s recommendations to approve the Final Plat (PF-10-42-00) for Westwood Hills, a residential subdivision containing 78 lots and 4 tracts on approximately 48.929 acres, located northwest of Free State High School, east of Queen's Rd.; and, accept the dedication of easements and rights-of-way subject to the following conditions:
1. Provision of a revised Final Plat depicting the following:
a. Label pedestrian and utility easement on Lot 52, Block 1 and Lot 17, Block 2;
b. The DE at Lot 19, Block One needs to connect with the DE on Tract A;
c. Revise Note 5 to read, "No fences shall be allowed within the pedestrian/utility easement (labeled as 10'**) on Lot 52, Block One, Lots 17 and 18, Block Two and Tract D";
2. Execution of a Temporary Utility Agreement;
3. Provision of recorded utility easements necessary for sanitary sewer line extensions;
4. Provision and approval of a Master Street Tree Plan;
5. Payment of Street Sign fees;
6. Provide a certificate that all taxes and special assessments due and payable have been paid. In the case of unpaid special assessments, a proposed redistribution of such unpaid special assessments must meet the City's requirements and be acceptable to the City Clerk and Public Works Director, and,
7. Provision of a certificate that the subdivision's boundaries are pinned and there is a contract with a licensed engineer or land surveyor to pin the lots after completion of street and public improvements.
Motion carried unanimously. (12)
As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to concur with the Planning Commission’s recommendations to approve the Final Plat (PF-10-43-00) for Wakarusa View Estates No. 4, a 42-lot residential subdivision containing approximately 17.37 acres, located southwest of W. 27th Street and Crossgate Drive; and, accept the dedication of easements and rights-of-way subject to the following conditions:
1. Execution of a Temporary Utility Agreement;
2. Submission and approval of a Master Street Tree Plan (Per Section 21-708a);
3. Provide a certificate that all taxes and special assessments dude and payable have been paid. In the case of unpaid special assessments, a proposed redistribution of such unpaid special assessments must meet the City's requirements and be acceptable to the City Clerk and Public Works Director;
4. Provide written permission from Williams Gas Pipeline to cross easement with proposed street, utility lines, and pedestrian access easement with submission of public improvement plans;
5. Payment of $1,270.00 in street sign fees;
6. Provision of a fire hydrant plan;
7. Pinning of the lots in accordance with Section 21-302.2;
8. Revise the final plat to include the following information:
a. Provide the radius of Mistletoe Court;
b. Provide missing dimensions along W. 27th St.;
c. Revise graphic scale to 1" = 100';
d. Renumber Block 2;
e. Provide note stating, "No direct access is permitted onto W. 27th St. from Lots 1, 19, 20, and 21, Block One, nor from Lot 4, Block Two";
f. Provide adjacent property owners if unplatted; and,
g. Provide minimum floor elevations for all lots within or adjacent to floodplain.
Motion carried unanimously. (13)
As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to concur with the Planning Commission’s recommendations to approve the Final Plat (PF-11-11-00) for UTSA Subdivision, a replat of Tract "A", Ashbury Addition. This 2-lot residential plat contains approximately .474 acres, located south of E. 15th Street, west of Wedgewood Drive; and, accept the dedication of easements and rights-of-way subject to the following conditions:
1. Provision of a revised final plat that includes the total lot line dimension along the east property line for both Lots 1 and 2;
2. Provision of a revised final plat that includes the dimension along the south property line of Lot 2;
3. Execution of a Temporary Utility Agreement; and,
4. Provision of the following fees and recording documentation:
4.1. Copy of paid property tax receipt;
4.2. Recording fees made payable to the Douglas County Register of Deeds; and,
4.3. Provision of a master street tree plan.
Motion carried unanimously. (14)
As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to concur with the Planning Commission’s recommendations to adopt findings of fact, and approve the request to rezone [Z-10-45-00] approximately .76 acres from RS-2 (Single-Family Residential District) and C-4 (General Commercial District) to RM-1 (Multiple-Family Residence District), located on the east side of Silicon Ave. at Crosswinds Ct; and authorize staff to prepare the appropriate Ordinance. Motion carried unanimously. (15)
As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to concur with the Planning Commission’s recommendations to adopt findings of fact, and approve the request to rezone [Z-10-37-00] approximately 3.205 acres from RS-2 (Single-Family Residential District) to PRD-2 (Planned Residential Development), located east of Delaware Street, between E. 12th and E. 13th Streets; and authorize staff to prepare the appropriate Ordinance. Motion carried unanimously. (16)
As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to concur with the Planning Commission’s recommendation to approve a Preliminary Development Plan [PDP-10-18-00] for Delaware Commons Co-Housing Project, to be located east of Delaware Street, between East 12th and East 13th, subject to the following conditions:
1. Revise the Preliminary Development Plan to include the following items:
a. Height and floor area of all existing and proposed structure;
b. A continuous screening hedge on the west side of the driveway;
c. Provision of a note on the Preliminary Development Plant that states, “ The project will remain compatible with the surrounding neighborhood in terms of building massing, orientation, and architectural detail;
d. Proposed contours for the entire site;
e. Correct the label for Structure B;
f. Minimum 15’ driveway radii;
2. Provision of a note on the Preliminary Development Plan that states, “Staff review and Planning Commission approval of street-facing building elevations, including building massing orientation, and architectural detail is required prior to filing of the Final Development Plan”;
3. Provision of a Photometric Plan;
4. Execute an Agreement Not-to-Protest a Benefit District for street improvements on Delaware, 12th, and 13th Streets;
5. The house on Lot 2 and the northeast building on Lot 1 are both contingent on pending stormwater capital improvements. These buildings need to be shown as “future” because the current grading plan and storm systems do not work with these structures. A Revised Site Plan will be required before the structures are added. That future plan will need to show revised grading, revised storm systems and revised impervious surface numbers. The required storm sewer along 13th Street will be a public improvement. Public improvement plans (offsite) will be required prior to issuance of building permits onsite; and,
6. Revise the impervious surface summary to show the currently proposed numbers for each lot. The future conditions need to be in separate boxes or not shown at all.
Motion carried unanimously. (17)
As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to concur with the Traffic Safety Commission’s recommendation establish “No Parking” 8 a.m. – 4 p.m., Monday-Friday, along the west side of Raintree Place and direct staff to prepare the appropriate Ordinance. Motion carried unanimously. (18)
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 from the KU Transportation Board to prohibit northbound left turns at the intersection of Crescent Road and Naismith Drive, and that a letter be sent to KU Administration requesting that they be involved in a solution to the problems at this intersection. Motion carried unanimously. (19)
As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to receive the letter from Dennis Barrit concerning Pikes Peek Place, a private street located west of North Michigan, north of the Turnpike and refer to staff for a report. Motion carried unanimously. (20)
As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to approve the payment of approximately $2,611.74 to Fidelity Investment Company for settlement and foreclosure of 1522 Lindenwood which would be used by City for housing purposes. Motion carried unanimously. (21)
As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to receive the deed from Alvamar, Inc. for property donated to the City, located north of 15th Street. Motion carried unanimously. (22)
As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to receive the Administrative Review Committee report and establish January 9, 2000 as the public hearing date on the proposed Industrial Revenue Bond Issuance and Tax Abatement for DST Realty, Inc. Motion carried unanimously. Motion carried unanimously. (23)
As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to concur with the selection committee’s recommendation to approve TranSystems for consulting engineering services for the 31st Street study and authorize staff to negotiate a fee for the services. Motion carried unanimously. (24)
Fred Devictor, Director, Parks and Recreation, presented the revised wording for the Comprehensive Plan update as approved by the Parks and Recreation Advisory Board. Several people who were at the City Commission’s meeting on December 5, 2000, were in attendance at the board meeting. Devictor reviewed the new wording with the City Commission and said all references to a Signature Park would be removed from the plan.
Moved by Dunfield, seconded by Rundle, to concur with the recommendation from the Parks and Recreation Advisory Board and approve the revised wording for the Parks and Recreation Comprehensive Plan. Motion carried unanimously.
Moved by Dunfield, seconded by Rundle, to adopt Resolution No. 6263, adopting the Revised Parks and Recreation Comprehensive Plan. Motion carried unanimously. (25)
The City Commission concurred to set the City Manager’s evaluation for January 19, 2001 at 10 a.m.
Moved by Rundle, seconded by Hodges, to adjourn at 7:05p.m. Motion carried unanimously.
APPROVED:
_____________________________
James R. Henry, Mayor
ATTEST:
___________________________________
Raymond J. Hummert, City Clerk
COMMISSION MEETING JANUARY 2, 2001
1. Ordinance No. 7312 - 1st Reading, Annex 0.0061 acre, Stonecreek Dr., S of Stoneridge Dr.
2. Ordinance No. 7313 - 2nd Reading, Rezone (Z-06-25-00), A to RS-2, NW of E. 31st (extended) & O'Connell Rd.
3. Resolution No. 6258 - Public hearing date, Jan 23, 2001, special assessment benefit district, construct a box culvert, 27th Street to 24th Pl.
4. Resolution No. 6259 - Public hearing date Jan 23, 2001, special assessment benefit district, Crossgate from 27th to 24th Pl.
5. Resolution No. 6260 - Public hearing date, Jan 23, 2001, special assessment benefit district, Inverness Dr. (2 additional lanes) from 26th to 25h Pl.
6. Resolution No. 6261 - Public hearing date, January 23, 2001, special assessment benefit district, sanitary sewer line in Westwood.
7. Resolution No. 6262 - Annex 20 acres of City property, located N. and W. of Folks & Peterson.
8. Site Plan – (SP-8-57-00), 2-unit warehouse, 331 Maple Street.
9. Final Plat - (PF-10-34-00), Sale Barn Addition, 1 lot, 2.86 acres, N side of E 11th at Oregon St.
10. Final Plat - (PF-10-37-00), Prairie Park Addition No. 3, 26-lot, 12.51 acres, NW corner of E. 31st & O'Connell.
11. Final Plat - (PF-10-40-00), JMC Sub No. 2, replat 8 lots,1.39 acres, S side of Locust, E. of N. 6th.
12. Final Plat - (PF-11-42-00), Westwood Hills, 78 lots & 4 tracts, 48.929 acres, NW of Free State HS, E. of Queen's Rd.
13. Final Plat - (PF-11-43-00), Wakarusa View Estates No. 4, 42-lot,17.37 acres, SW of W. 27th & Crossgate.
14. Final Plat - (PF-11-11-00), UTSA Subdivision, 2-lot, .474 acres, S of E 15th, W. of Wedgewood Dr.
15. Rezone - [Z-10-45-00], .76 acres, RS-2 and C-4 to RM-1, E side of Silicon Ave. at Crosswinds Ct.
16. Rezone - [Z-10-37-00], 3.205 acres, RS-2 to PRD-2, E of Delaware between E 12th & E 13th.
17. Prelim Dev Plan – [PDP-10-18-00] Delaware Commons, E of Delaware between E 12th & E 13th.
18. TSC – Establish “no parking”, 8 am –4 pm, Mon-Fri, W. side of Raintree Pl.
19. TSC – Deny request from the KU Transportation Board, prohibit N bound left turns at intersection of Crescent & Naismith.
20. Pikes Peek Place - located W of N Mich, N. of Turnpike, receive letter from Barritt.
21. Foreclosure Settlement - $2,611.74 to Fidelity Investment Co for 1522 Lindenwood.
22. Deed from Alvamar - Inc. for property donated to the City, N of 15th.
23. Administrative Review Committee – Public hearing date, Jan 9, 2000 for DST Realty.
24. 31st St Study – TranSystems for engineering services.
25. Resolution No. 6263 - Revised Parks & Rec Comprehensive Plan.