January 23, 2001

 

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 Andyshak was present.

As part of the consent agenda, it was moved by Hodges, seconded by Kennedy, to approve the City Commission meeting minutes of January 16, 2001.  Motion carried unanimously.

As part of the consent agenda, it was moved by Hodges, seconded by Kennedy, to approve the Planning Commission meeting minutes of December 13, 2000; Lawrence Public Library Board meeting minutes of December 20, 2000; Recycling and Resource Conservation Advisory Board meeting minutes of November 8, 2000; HAND Advisory Committee meeting minutes of January 11, 2001; and, the Public Health Board meeting minutes of November 13, 200.  Motion carried unanimously.

As part of the consent agenda, it was moved by Hodges, seconded by Kennedy, to approve claims in the amount of $1,630,742.10.  Motion carried unanimously.

David Holroyd, 1224 Louisiana, presented information from Douglas County Treasurer’s Office concerning delinquent personal property taxes.  He requested the City Commission not approve the Drinking Establishment License for Fatso’s, located at 1014-1016 Massachusetts because they were delinquent on 1999 and 2000 personal property taxes.  Holroyd said the City Commission should make a concerted effort to collect delinquent taxes.

Henry asked if it was possible to condition the Drinking Establishment License upon payment of taxes.

David Corliss, Assistant City Manager, said staff would review the statutes concerning this issue.

The City Commission concurred to defer for two (2) weeks, the approval of the Drinking Establishment License for Fatso's, 1014-1016 Massachusetts.

As part of the consent agenda, it was moved by Hodges, seconded by Kennedy, to concur with the recommendation of the Mayor and appoint Danny Drungilas, 2132 East 26^th Street to the Recycling and Resources Conservation Board.  Motion carried unanimously.

Upon staff recommendation, it was moved by Hodges, seconded by Kennedy, to delete from the agenda the purchase of equipment for the family side of the Indoor Aquatic Center to Splashtacular, Inc., because this previously approved by the City Commission.  Motion carried unanimously.

The City Commission reviewed bids for the Indoor Aquatic Center Security Monitoring System for the Parks and Recreation Department.  The bids were:

As part of the consent agenda, it was moved by Hodges, seconded by Kennedy, to award the bid to Overfield Corporation, in the amount of $20,397.45.  Motion carried unanimously.

As part of the consent agenda, it was moved by Hodges, seconded by Kennedy, to authorize the purchase of library circulation desk furnishings from Designed Business Interiors, in the amount of $16,651.02.  Motion carried unanimously.

As part of the consent agenda, it was moved by Hodges, seconded by Kennedy, to adopt on first reading Ordinance No. 7317, changing the name of Red Cedar Court in Stonegate Townhomes Addition to Firefly Court.  Motion carried unanimously.                                 (1)

As part of the consent agenda, it was moved by Hodges, seconded by Kennedy, to adopt on first reading Ordinance No. 7318, establishing “no parking” 8:00 a.m. to 4:00 p.m., Monday through Friday, along the west side of Raintree Place from University Drive to Valley Lane.  Motion carried unanimously.                                                                                           (2)

Ordinance No. 7319, annexing approximately 12.54 acres of City owned property north of Oak Hill cemetery, was read a second time.            

As part of the consent agenda, it was moved by Hodges, seconded by Kennedy, to adopt the ordinance.  Aye:  Dunfield, Henry, Hodges, Kennedy, and Rundle.   Nay: None.  Motion carried unanimously.                                                                                                          (3)

Ordinance No. 7320, rezoning [Z-09-38-00] approximately 32.64 acres from A (Agricultural District) to RS-2 (Single-Family Residence District), located south of N 1700 Rd. and east of E 1000 Rd., was read a second time.                       

As part of the consent agenda, it was moved by Hodges, seconded by Kennedy, to adopt the ordinance.  Aye:  Dunfield, Henry, Hodges, Kennedy, and Rundle.   Nay: None.  Motion carried unanimously.                                                                                                          (4)

Ordinance No. 7321, rezoning [Z-09-41-00] approximately 2.149 acres from B-1 (Neighborhood Business District) to PCD-2 - Wakarusa Center PCD, located northwest of Clinton Parkway and Wakarusa Drive, was read a second time.                 

As part of the consent agenda, it was moved by Hodges, seconded by Kennedy, to adopt the ordinance.  Aye:  Dunfield, Henry, Hodges, Kennedy, and Rundle.   Nay: None.  Motion carried unanimously.                                                                                                          (5)

Ordinance No. 7322, rezoning [Z-09-45-00] approximately .76 acre from RS-2 (Single-Family Residence District) and C-4 (General Commercial District) to RM-1 (Multiple-Family Residence District), located east of Silicon Ave. at Crosswinds Ct., was read a second time.                   As part of the consent agenda, it was moved by Hodges, seconded by Kennedy, to adopt the ordinance.  Aye:  Dunfield, Henry, Hodges, Kennedy, and Rundle.   Nay: None.  Motion carried unanimously.                                                                                                           (6)            As part of the consent agenda, it was moved by Hodges, seconded by Kennedy, to approve the site plan (SP-12-82-00) for Aimee's Coffeehouse, located at 1025A Massachusetts, subject to the following conditions:

1.                  A site plan performance agreement be executed; (Per Section 20-1433)

2.                  The applicant shall obtain a sidewalk dining license from the City prior to occupying the public right-of-way; (Per Article 6-12)

3.                  Execute an agreement with the City of Lawrence for the use of the right-of-way; (Per Article 6-12)

4.                  Revision of the site plan to include: (Per Planning Department)

a.                  location of outdoor dining tables.

b.                  Notation of the current zoning (C-3: Central Commercial District)

Motion carried unanimously.                                                                                                           (7)

            As part of the consent agenda, it was moved by Hodges, seconded by Kennedy, to approve a Temporary Use Permitted Upon Review (TUPR-01-01-01) for Additional parking for St. Lawrence Center on February 3, 2001 subject to the occupancy load at the Center not being exceeded.  Motion carried unanimously.                                                                                   (8)

            As part of the consent agenda, it was moved by Hodges, seconded by Kennedy, to approve a Temporary Use Permitted Upon Review (TUPR-01-02-01) for Additional parking for St. Lawrence Center on February 28, 2001 subject to the occupancy load at the Center not being exceeded.  Motion carried unanimously.                                                                                 (9)

            As part of the consent agenda, it was moved by Hodges, seconded by Kennedy, to authorize the City Manager to execute a contract with Tetra Tech Em, Inc. for the engineering design of the stormwater mitigation basin near 23^rd and Haskell in the amount of $49,218.00 with KDOT paying eighty percent (80%) of the construction and inspection of this project and the City responsible for one hundred percent (100%) for the engineering design.  Motion carried unanimously.                                                                                                                                         (10)

            As part of the consent agenda, it was moved by Hodges, seconded by Kennedy, to authorize the City Manager to execute a contract with EBH & Associates for the engineering design of a sidewalk and pedestrian calming project along the east side of Louisiana Street from 18^th Street to Broken Arrow Park, in the amount of $21,381.25.  Motion carried unanimously. (11)

            As part of the consent agenda, it was moved by Hodges, seconded by Kennedy, to authorize Mayor to sign a release of mortgage for Pamela Blevins, 932 LaSalle Street.  Motion carried unanimously.                                                                                                                    (12)

            As part of the consent agenda, it was moved by Hodges, seconded by Kennedy, to approve payment to MV Transportation in the amount of $23,685.99 for services rendered last spring before their contract was terminated due to a protest.  Motion carried unanimously.     (13)

Mayor Henry called a public hearing on the proposed benefit district for sanitary sewer improvements in the Westwood area.

David Corliss, Assistant City Manager, presented the staff report and map for the proposed benefit district which included Lots 6, 7, 8, 9, 10, and 11 of Westwood.  Corliss said staff recommended the cost be split 50/50 between the benefit district and the City at Large with a maximum cost per lot of $9,750.00 plus all the costs associated with the acquisition of any public easements.  The Health Department continued to have serious problems with raw sewage coming from these private lines.

Charles Baer explained the on-going maintenance problems with the private line.  He acknowledged the hole in a manhole that surcharges when it fills.  They had been ordered by the Health Department to fix the line within ten (10) days.  One way to reduce the cost of the improvement would be not to extend the line up to his lot which was Lot 11.

Moved by Dunfield, seconded by Kennedy, to close the public hearing.  Motion carried unanimously.                                                

Hodges said the hole in the manhole should be repaired immediately.

Mike Wildgen, City Manager, expressed concern for the City going on private property to repair this problem.  He said if the hole was plugged, it may cause sewage to backup into residential homes and the City could be liable for any damages because of that action.  The property owners should take care of this situation.

 Rundle requested staff look at various options of building or repairing this line in order to minimize the impact of construction in this developed area.

Moved by Kennedy, seconded by Dunfield, to direct staff to prepare the appropriate Resolutions, establishing a benefit district for sanitary sewer improvements in the Westwood area.  Motion carried unanimously.                                                                                               (14)

Mayor Henry called a public hearing on the proposed benefit district for the construction of the east two (2) lanes of Inverness Drive from the south side of the roundabout at 24^th Place to 27^th Street.

David Corliss, Assistant City Manager, presented the staff report and map showing the benefit district.  The proposed benefit district would include Inverness Park Plaza Addition No. 1, Sunflower Park Addition No. 1 and Inverness Park Plaza Addition No. 2.  Corliss said the benefit district would pay for 13.5 feet of pavement; curb and gutter on one side and a five foot  (5’) wide sidewalk as well as half the grading and storm sewers.  The City-at-Large would pay the remainder of the cost according to the City’s development policy.  The estimated cost of the improvement was $850,000.00.

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

Moved by Hodges, seconded by Rundle, to adopt Resolution No. 6272, setting out the findings and determinations of the governing body for the construction of the east two lanes of Inverness Drive.  Motion carried unanimously.                                                                             (15)

Moved by Hodges, seconded by Rundle, to adopt Resolution No. 6273, a Resolution ordering the construction of the east two (2) lanes of Inverness Drive from the south side of the round about at 24^th Place to 27^th Place and a five foot (5’) wide sidewalk on the east side with any necessary storm sewer improvements.  Motion carried unanimously.                                     (16)

Mayor Henry called a public hearing for the proposed benefit district for 27^th/Crossgage box culvert.

David Corliss, Assistant City Manager, presented the staff report and map of the proposed benefit district.  The benefit district consisted of Inverness Park Plaza Addition No.1 and Inverness Park Plaza Addition No. 2 which would pay the entire cost of the improvement.  The estimated cost of improvements was $800,000.00.       

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

Moved by Hodges, seconded by Rundle, to adopt Resolution No. 6268, a Resolution setting out the findings and determinations of the governing body of the City of Lawrence for the construction of a box culvert across 27^th Street.  Motion carried unanimously.                          (17)

Moved by Hodges, seconded by Rundle, to adopt Resolution No. 6269, a Resolution ordering the construction of a box culvert across 27^th Street to replace the existing box culvert across 27^th Street, fifty feet (50’) west of Crossgate Drive.  Motion carried unanimously.          (18)

Mayor Henry called a public hearing for the improvements to Crossgate from the south side of the round about at 24^th Place to 27^th St.

David Corliss, Assistant City Manager, presented the staff report and map of the proposed benefit district.  The benefit district consisted of Inverness Park Plaza Addition No.1, Inverness Park Plaza Addition No. 2 and three (3) lots in Four Seasons No. 7 which was on the east side of Crossgate.  In proposing the improvements to Crossgate, the developer of Inverness Park Plaza agreed not to include residential structures that were on the east side of Crossgate.  Four Seasons No. 7 was included in the benefit district because of access to Crossgate and the property owners signed an agreement not-to-protest.   Corliss informed the City Commission that on Lot 1, of Four Seasons No. 7 there was a single-family structure which staff would recommend removing from the benefit district.  The estimated cost of the project was $900,000.00 with the benefit district paying the total amount.  The proposed method of assessment was property on the east side of Crossgate be assessed based on the ratio of lineal feet of frontage along Crossgate Drive to the lineal feet of frontage of property on the east side.  Property on the west side would be assessed on the ratio of the lineal feet of frontage along Crossgate in the benefit district to the lineal feet of frontage of property on the west side.  The west area would be assessed proportionally by spreading the assessment across all lots and parcels based upon square footage. 

Dan Watkins, representing the owners of Four Season No. 7, opposed the formation of the benefit district which would include Lot 1 where the single-family residence was located.  With that lot being excluded, he asked that the assessment be spread across the remaining lots in Fours Seasons No. 7 except for the three (3) lots not having access to Crossgate.  Watkins suggested each of the remaining twenty-seven (27) lots have an assessment of $1,000.00.  Watkins said because his request enlarged the benefit district, the City Commission could not act upon the formation of the benefit district tonight.  He requested the assessment be $1,000.00 per lot based upon fairness and these lots would provide low-income housing within the City.

Jane Eldridge, representing Inverness Park Plaza Addition No. 1 and No. 2, said her clients had worked closely with City staff to form all of the benefit districts for these improvements within this development.  It was at staffs request the residential property on the east side of Crossgate not be included in this project.  She thought it was appropriate that Four Seasons No. 7 be included in the project and the assessment should be $1,300.00 per lot.  Inverness Park Plaza Addition No. 1 and No. 2 were suggesting $27,000.00 for the entire area and she recommended $40,000.00 for that area.  This was an expensive project for her clients because of the infrastructure needs of the project.  One important part of the infrastructure was the box culvert at 27^th Street and Crossgate and there was no cost participation by anyone other than her clients. Four Seasons No. 7 would receive significant benefit from this project.  Eldridge asked the City Commission to give some indication to the property owners on the appropriate cost allocation.  The property owners then could come to the City Commission with petition requesting formation of the benefit district.  If the petition method did not work, she requested the City Commission set a hearing date at the earliest possible time so the project could proceed.

Brad Bogoda, 3809 Sunnybrook Lane, asked if any of the property in Four Seasons No. 4 would be included in the benefit district. 

Corliss said “no.”

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

Kennedy suggested increasing the benefit district to include all the lots in Four Seasons No. 7 except for Lot No. 1 where the residence was and the three (3) lots that did not have access to Crossgate.   He suggested the property owners work out among themselves, the appropriate cost share.

The City Commission concurred to direct staff to bring this issue back to the City Commission on February 13, 2001.                                                                                              (19)

Dennis Enslinger, Planner, presented the staff report on the proposed Conservation Overlay District and Downtown Design Guidelines.  In June 1999, the City Commission established the Downtown Design Guidelines Task Force to develop a set of Architectural and Urban Design Guidelines.  The Task Force held its first meeting in September 1999, and completed draft design guidelines by the end of May 2000.  The Historic Resources Commission reviewed and approved the proposed guidelines.  Staff held two (2) public hearings at which the guidelines were presented to interested parties for comment.  The next step in implementing the Downtown Design Guidelines was to initiate a text amendment to the City’s zoning code that would allow for the creation of a Downtown Urban Conservation Overlay District.  To facilitate the review process, Enslinger recommended the City Commission initiate the proposed text amendment and refer the item to Lawrence/Douglas County Planning Commission and the Historic Resources Commission for their consideration.  The City Commission should also initiate the review process for establishment of the Downtown Urban Conservation District Overlay.  Enslinger requested the City Commission approve the draft Administrative Policy establishing the Downtown Design Guidelines as the document to be used in reviewing projects.  It would outline the Administrative Review Process and the appeal process for projects within the Conservation Overlay District.  To ensure individuals were aware of the Downtown Design Guidelines as they impacted signs, staff recommended an amendment to the existing sign code to identify that additional design guideline applied within the Urban Conservation District Overlay area.

Dunfield asked the timeframe for review using this process. 

Enslinger said it would depend on the size of the project.  He saw projects being broken into large and small projects.  The smaller projects could take one (1) to three (3) days with the larger projects taking up to a week or longer depending on the size and scope.  He suggested that timelines could be added to the administrative guideline.

Hodges asked if the task force was unanimous in its recommendation.

Enslinger said it was a consensus report and everyone signed in support of the document.

Moved by Kennedy, seconded by Rundle, to approve the proposed Downtown Design Guidelines and direct staff to initiate text amendments on the proposed Urban Conservation Overlay District, the establishment of a Downtown Urban Conservation Overlay District and the proposed text amendment to the Sign Ordinance and refer these amendments to the Planning Commission and Historic Resources Commission for their review and comment.  Motion carried unanimously.                                                                                                                               (20)                  

            David Greyer, Lawrence Association of Neighborhoods, requested the City Commission donate to Douglas County Warm Hearts a percentage of the increase seen in franchise fees collected for natural gas.  He requested any increase in fees collected for December, January, February and March go to Warm Hearts of Douglas County.

            Mike Wildgen, City Manager, said the franchise fee for natural gas was based upon volume and not cost of service.  He said staff would prepare a report on the revenues generated by the franchise fee.

            Moved by Rundle, seconded by Kennedy, to recess into a meeting on January 24, 2001, at approximately 10:30 a.m. in the City Manager’s conference room at which time they would adjourn in an executive session for the City Manager’s evaluation.   Motion carried unanimously.                                                              

 

 

APPROVED:

                                                                        _____________________________

James R. Henry, Mayor

ATTEST:

 

___________________________________                                                                        

Raymond J. Hummert, City Clerk

COMMISSION MEETING JANUARY 23, 2001

1.                  Ordinance No. 7317 - 1^st Reading, Street name change, Red Cedar Ct in Stonegate Townhomes Addition to Firefly Ct.

2.                  Ordinance No. 7318 - 1^st Reading, “no parking”, 8-4 pm, Mon-Fri, W side of Raintree Pl from University Dr to Valley Ln.

3.                  Ordinance No. 7319 - 2^nd Reading, Annex 12.54 acres, N of Oak Hill cemetery.

4.                  Ordinance No. 7320 - 2^nd Reading, Rezone 32.64 acres, A to RS-2, S of N1700 Rd & E of E 100 Rd.

5.                  Ordinance No. 7321 - 2^nd Reading, Rezone 2.149 acres, B-1 to PCD-2, NW of Clinton Pkwy & Wakarusa.

6.                  Ordinance No. 7322 - 2^nd Reading, Rezone .76 acre, RS-2 & C-4 to RM-1, E of Silicon Ave at Crosswinds Ct.

7.                  Site Plan – (SP-12-82-00), Aimee's Coffeehouse, 1025A Massachusetts.

8.                  TUPR – (TUPR-01-01-01)- Additional parking, St. Lawrence Ctr, February 3, 2001.

9.                  TUPR – (TUPR-01-02-01)- Additional parking, St. Lawrence Ctr, February 28, 2001.

10.              Engineering Design Contract – Stormwater mitigation basin near 23^rd & Haskell to Tetra Tech Em, Inc. for $49,218.00.

11.              Engineering Design Contract – Sidewalk & Pedestrian calming, E side of Louisiana form 18^th to Broken Arrow Park, to EBH Assoc., for $21,381.25.

12.              Mortgage Release - 932 LaSalle St., Pam Blevins

13.              Payment Approval – Services rendered last spring before protest to MV Transportation for $23,685.99.

14.              Benefit District Establish - Sanitary sewer improvements in the Westwood area.

15.              Resolution No. 6272 - Set out Findings & Determinations, E 2 lanes of Inverness Dr from S side of round about at 24^th Pl to 27th.

16.              Resolution No. 6273 - Order Construction, E 2 lanes of Inverness Dr from S side of round about at 24^th Pl to 27th.

17.              Resolution No. 6268 - Set out Findings & Determinations, Inverness Park area, Inverness, Crossgate & 27^th/Crossgate box culvert.

18.              Resolution No. 6269 - Order Construction, Inverness Park area, Inverness, Crossgate & 27^th/Crossgate box culvert.

19.              Public Hearing – Crossgate from the S side of the round about at 24^th Pl to 27^th – Bring back to City Commission on 2-13-01.

20.              Planning Text Amendment – Establish Urban Conservation Overlay District; Downtown Design Guidelines & adopt Downtown Design Guidelines.