April 3, 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, Kennedy and Rundle present.  Student Commissioners May and Andyshak were present.

With Commission approval, Mayor Henry proclaimed the week of April 2 - 8, 2001 as "Public Health Week" the week of April 1 - 7, 2001 to be "The Week of The Young Child"; the month of April 2001 to be "Parkinson's Disease Awareness Month"; and, the month of April 2001 to be "Fair Housing Month."

As part of the consent agenda, it was moved by Kennedy, seconded by Hodges, to approve the City Commission meeting minutes of March 27, 2001.  Motion carried unanimously.

As part of the consent agenda, it was moved by Kennedy, seconded by Hodges, to approve the Library Board meeting minutes of February 21, 2001.  Motion carried unanimously.

As part of the consent agenda, it was moved by Kennedy, seconded by Hodges, to approve claims in the amount of $749,970.98.  Motion carried unanimously.

As part of the consent agenda, it was moved by Kennedy, seconded by Hodges, to approve the Retail Liquor License for Harper Corner Liquor Store, 2220 Harper, Suite C; and, the Caterer License for Maceli's Marvelous Meals, 1119 Massachusetts. Motion carried unanimously.

As part of the consent agenda, it was moved by Kennedy, seconded by Hodges, to concur with the recommendation of the Mayor and reappointment of Josef Rantern and appointment of Bob Bookman to the Plumbing Board; the appointment of Steven Ritz to the Historic Research Commission; the appointment of Ron Hurst to the Bert Nash Mental Health Board of Directors; the appointment of Robert D. Suderman to the Douglas County Community Corrections Advisory Board; and, the appointments of Carl McGuire, Doug Holladay, Stephanie Bowler, Rich McVey and Jeremy Douglas to the CVB Advisory Board.  Motion carried unanimously.

The City Commission reviewed the bids for the 2001 Milling, Overlay, and Curb Repair Program, Phase 1 for the Pubic Works Department.  The bids were:

Bill Mitchell, 1201 Emery, recommended LRM Industries not be given the bid for the 2001 Overlay Project.  He said in 1998 he reported the poor workmanship and inspection of the Overlay Project on Stratford Road.  The substandard job resulted in the need for a new overlay this year.  Mitchell recommended the inspector be reprimanded and LRM not be given the bid unless LRM repaired Stratford Road without any cost to the City.

Henry asked how long were inspectors on the job during an Overlay Project.

Mike Wildgen, City Manager, said inspectors were on the project during the entire overlay.  The person that inspected this job has since retired.

Henry asked if LRM has provided satisfactory work in the past other than this incident. 

Wildgen said “yes” or the City would not have recommended approval.

Mitchell suggested LRM be given the opportunity to redo this project at no cost to the City because it was the right thing to do.

Henry said during the purchasing of the buses for the transit system, the City looked at the entire life cycle for cost of the vehicles.  He suggested the same process be used for streets.

Moved by Kennedy, seconded by Hodges, to award the bid to LRM Industries in the amount of $572,452.60 for Phase I of the 2001 Milling, Overlay and Curb Repair Program.  Motion carried unanimously.

As part of the consent agenda, it was moved by Kennedy, seconded by Hodges, to approve the HVAC and electrical renovation of City Hall, Phase 3, to Huxtable L.T. Service, in the amount of $248,960.00.  Motion carried unanimously.

As part of the consent agenda, it was moved by Kennedy, seconded by Hodges, to approve the change order for improvements at the Police Investigation/Training Facility at 4820 West 15^th Street with Penny Construction, Inc., in the amount of $26,971.18.  Motion carried unanimously.

As part of the consent agenda, it was moved by Kennedy, seconded by Hodges, to approve the procurement package for items related to the Clinton Water Treatment Plant Expansion Project.  Motion carried unanimously.                                                     

Ordinance No. 7341, annexing approximately 10.438 acres of land generally located south and east of Summerfield Way, was read a second time.   

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

Ordinance No. 7342, rezoning approximately 12.54 acres of City owned property, located north of Oak Hill Cemetery from A (Agricultural District) and I-3 (Heavy Industrial District) to RS-1 (Single-Family Residence District.)                                                                       

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

As part of the consent agenda, it was moved by Kennedy, seconded by Hodges, to approve the site plan (SP-02-10-01) for Crosswinds East, a multi-family development, located east of Silicon Avenue, and north of East 23^rd Street, subject to the following conditions:

1.                  Execution of a site plan performance agreement;

2.                  Recording of a final plat prior to release of the site plan for issuance of a building permit.

3.                  Provision of a photometric plan prior to issuance of a building permit.

4.                  Provision of a revised site plan to include:

a.                  Revision of the south circular island to define the access aisle per the City Engineers approval, per section 20-1222

b.                  Amend Site Summary note from RM-2 Zoning to C-5 zoning.

c.                  Provision of a general note number 18 stating: "A building permit shall not be issued until a final plat has been recorded with the Douglas County Register of Deeds Office for the subject property."

5.                  Provision of a revised site plan per the approval of the City Stormwater Engineer to include:

a.                  Specify on the site plan that all curb inlets shall be constructed per City Standards.

b.                  Specify on the site plan that the detention basin berm shall not be lower than elev. 834.

c.                  Public improvement plans for the storm drainage system bust be submitted to the Public Works Department for review prior to release of the plan to the building inspector.

6.                  Execution of an agreement not to protest intersection improvements at 23^rd and

            Silicon Ave.    

Motion carried unanimously.                                                                                               (3)

As part of the consent agenda and at the request of the applicant, it was moved by Kennedy, seconded by Hodges, to defer the tax abatement request from Classic Eagle Distributing, Inc.  Motion carried unanimously.                                                                               (4)

As part of the consent agenda, it was moved by Kennedy, seconded by Hodges, to acknowledge receipt of consent to annexation from David and Barbara Lowenthal for approximately 5.9 acres, located south of West 15^th Street, east of K-10.  Motion carried unanimously.                                                                                                                                    (5)

As part of the consent agenda, it was moved by Kennedy, seconded by Hodges, to approve the donation of batting cages at Holcom Sports Complex from Wakarusa Associates, Inc.  Motion carried unanimously.                                                                                                  (6)

David Corliss, Assistant City Manager, presented the staff report on the Drinking Establishment License for Club 508.  Corliss said the Kansas Liquor Laws provided a dual licensing scheme in which both the State and City licensed Drinking Establishments.   As a general rule, once a State License was issued, a City License was issued.  Lawrence has adopted additional regulations in recent years to attempt to respond to neighborhood nuisance issues associated with establishments in residential areas.  Any additional requirements on establishments beyond those which would apply uniformly to all establishments must follow both procedural and substantively requirements.  First of all, procedurally, a notice of hearing must be followed pursuant to the City’s Code.  Substantively, the City Commission cannot impose a requirement on one (1) establishment based on complaints, police reports and other criteria which was not also imposed on establishments with similar complaints and issues.  If the City Commission desired to proceed with a hearing concerning the 508 Club, the City Commission should direct staff to develop a report including Police Department information and make available to the public and to the applicant that information prior to establishing a hearing date.

Hodges asked if this business was a non-conforming use. 

Corliss said it was in a properly zoned commercial district.  However, it was close to residential uses.

Dunfield asked if the City could compare this license with other licenses which were close to residential properties.

Corliss said staff would look at that issue.

Ted Boyle, North Lawrence Improvement Association, said last year the neighborhood attempted to work with the business owner to resolve neighborhood problems with the bar.  As a result of those meetings, the bar owner agreed to six (6) conditions.  Boyle said none of those conditions have been met.  The problem was too many people in the business at one time.  After the bar closes, it took forty five (45) minutes to one  (1) hour to clear out the area.  During this time, the neighborhood was subject to all kinds of problems.  He presented a petition from property owners in the area opposing the license.

Jenel Farrell, 507 Elm, said the neighbors suffer from noise, trash and other problems.  People from the bar park in her yard, break out the lights on her home, destroy her landscaping and most recently, damaged her car.

Kelly Boyle-Wolfe presented wristbands found in the yard that were from the 508 Club.  Her trashcan has been stolen and patrons park in the alley behind her house.  It was a general nuisance for the area.  Wolfe thought one problem was the capacity of the bar compared to other bars in non-residential areas.  The capacity of the 508 Club being 240 caused more problems than clubs with larger capacities.  The rights of the people in the neighborhood needed to be protected and addressed.

Eric Wolfe, 523 Elm, said he consistently found trash on his property, vehicles parked in his yard and alley.  Most recently, he observed up to five (5) people urinating in his yard.  When the bar closes, people were yelling, cars were circling the streets and alley causing problems.

Jessie DelCampo, 508 Club, said he has hired a person to pick-up trash every morning.  He would like to have a statement from the property owner’s allowing this person to go on their property to pick-up this trash.  He did not want to send people on private property without the property owner’s permission.  They were also planning to eliminate the wrist band in favor of a stamp so the wrist bands would not be part of the litter in the neighborhood.

Rundle asked if a security company was hired as conditioned in the agreement and if they could prohibit people parking in the alley.

DelCampo said he has hired Mil-Spec Security to patrol the area, but they could not stop people from parking in the area.

Henry asked if the condition was followed that monthly invoices for security was given to the City.

Ray Hummert, City Clerk, said monthly invoices were not submitted unless requested.

DelCampo said the agreement was an annual agreement that was paid for in one (1) lump sum.

Kennedy asked how long it would take to formulate a report and set a hearing.

Ron Olin, Police Chief, said it would be at least three (3) weeks to do a comprehensive report.

Henry asked what would be in the report.

Olin said the report would be a comprehensive report on all Drinking Establishments.  Issues needed to be compared on a case by case basis because of the severity or lack of severity of calls.  Staff would have to look at each location and each call for service separately to have an accurate and fair report.

Rundle asked if cars driving around streets and alleys, yelling and causing other problems, could be sited for their behavior.

Olin said generally staff does not try to tie up resources on small events in order to preclude their involvement with larger issues.  At 2:00 a.m. when the bars close, it was important to deal with the larger issues and many times the smaller issues were not addressed.

Corliss if the City Commission wished to proceed, he recommended staff be allowed to develop the report and after the report was developed, a hearing date be set so the applicant would have specific issues to address.

Moved by Hodges, seconded by Rundle, to direct staff to prepare a report on Drinking Establishment Licenses.  Motion carried unanimously.                                                                (7)

            Terese Gorman, City Engineer, presented the staff report concerning the proposed roundabout at 24^th Place and Inverness Drive.  She presented schematic drawings of the intersection and the proposed roundabout.  She reviewed the operation of the intersections in the area and the proposed roundabout.

            Kennedy asked if all the easements were in place.

            Gorman said all the easements were in place except for the pedestrian path at the roundabout location at 24^th and Inverness.  Staff was recommending a jog in the pedestrian path in this area which would require the utility easement be expanded to include a pedestrian easement.

            Dunfield asked why the geometrics of the pedestrian path required the additional easements.

            Gorman explained that at the intersection, staff tried to move pedestrian path away from the intersection for the safety of the pedestrian.  The engineers thought if the pedestrian path continued straight up to the intersection and then back to the protected island, pedestrians, especially children, would attempt to cross at the wrong location.

            Dunfield asked if barriers or railings could be used instead of moving the pedestrian path closer to the homes.

            Gorman said that was an idea worth exploring.

            John Delfelder, 4400 West 24^th, opposed the roundabout at this location because roundabouts were generally unsafe for pedestrians, increased the response time of emergency vehicles, and were too costly for the taxpayers.  He presented a petition of property owners in the Stone Meadows South Subdivision opposing the roundabout.  The roundabout was addressing a problem that did not exist.  The only potential conflicts were at the start and end of school each day.  Delfelder opposed the expansion of the utility easement into a pedestrian easement because it would infringe upon his yard.  At the present time, the utilities were all under ground and his yard could be used as a greenspace.  If speed was a problem, police should be in the area to enforce the speed limit.  Roundabouts were dangerous to pedestrians especially children and people with disabilities.  He read several reports showing the roundabouts to be unsafe for pedestrians and increasing response time for emergency vehicles.

            Rob Farha, 4421 West 25^th Place, spoke in opposition to the roundabout.  There had not been problems in the area and it was addressing a concern that was not there.  He suggested signage identifying the area as a school zone.

            Chris Hutchens, 4401 West 24^th Place, expressed a concern about the roundabout because of safety, the recreational path location, and the reduction in property values.  He asked if anyone would like to have a roundabout in front of his or her home.  The recreational path would be as little as eighteen (18) to twenty (20) feet from his front porch.  He suggested the roundabout be located further to the east because the land was vacant.

            Rundle asked if the roundabout could be shifted to the east.  Gorman said the roundabout was moved as far east as possible to maintain good alignment with the traffic lanes.

            Hodges said the City was attempting to resolve a problem before happening because the street was going from a two (2) lane street to four (4) lanes and a substantial amount of land was being developed.

            Gorman said there was a current problem at the intersection of Inverness and Clinton Parkway.  Stacking at that location was a problem.

            Dunfield suggested an informational meeting like those held for Louisiana and the Barker neighborhood would be a way to address concerns of the neighborhood.

            The City Commission concurred to direct staff to conduct a meeting of the neighbors, and other concerned parties about the construction of Inverness including the proposed roundabouts.                                                                                                                                                           (8)

Todd Thompson, representing the property owner’s of a restaurant at Comet and West 6^th Street, requested the City Commission remove an original condition from the Planned Commercial Development at the corner of 6^th and Comet Lane.  In 1999, the City Commission approved the withdrawal of this property from the original PCD, rezoning and a Preliminary Development Plan for this 2.269 acre site subject to a condition which included the provision of a note on the face of the Preliminary and Final Development Plans stating occupancy permits would not be issued until the contracts were awarded for Comet Lane and 7^th Street.  The right-of-way for Comet Lane was acquired, but the City was having difficulty with the acquisition of the right-of-way for 7^th Street.  After meeting with staff, a solution was suggested that would develop 7^th Street as a substandard street one (1) way to the west to Monterey Way.  This temporary, substandard street, would avoid any takings or easements from the Daughtery Tract.

David Corliss, Assistant City Manager, said the City was having difficulty in acquiring the Daughtery Tract for the right-of-way for 7^th Street.  The City did not want to be in a position of incurring any cost for the street improvements other than those assigned to the benefit district.  The proposed construction of 7^th Street as a temporary substandard street with only west bound traffic would avoid the issues concerning the Daughtery Tract on a temporary basis.  When the Daughtery Tract redevelops, a completed 7^th Street should then be constructed and would be the full financial burden of the adjoining properties.  This could be a temporary resolution to a difficult development.

Mike Wildgen, City Manager, said this concept would allow for occupancy of the restaurant subject to the contracts being awarded.  It would not change any of the other conditions of the PCD.  Wildgen recommended that occupancy only be allowed for the restaurant and no other occupancy permits would be issued until the contracts awarded for Comet Lane and the full improvement to 7^th Street.

            Moved by Kennedy, seconded by Dunfield, to amend the conditions on the Final Development Plan for 6^th and Comet Lane to provide for the occupancy of the restaurant site at 6^th and Comet Lane once the contracts were awarded for the temporary construction of 7^th Street built to less than current City standards and available for West bound traffic one (1) way exiting to Monterey Way; the remaining conditions remain in force including the note on the Preliminary and Final Development Plan stating that other occupancy permits would not be issued until the contracts were awarded for Comet Lane and full construction of 7^th Street; amending the benefit district for 7^th Street to avoid any taking or easements from the Daughtery Tract for the temporary construction of 7^th Street; and, with the understanding that no additional parcels would be removed from the original PCD.  Motion carried unanimously.                                                            (9)

            Mayor Henry called a public hearing on the unsafe and dangerous structure at 333 Minnesota.

            Julie Wyatt, Environmental Inspector, presented the staff report on the unsafe and dangerous structure at 333 Minnesota.  She said the mortgage holder has been actively involved in the resolution of the problems and has foreclosed on the property.

            Rundle asked if rehabilitation of the property could be part of the condition of the sale after the foreclosure process.

            Mike Wildgen, City Manager, thought the City could not condition the sale. 

            Hodges suggested adopting the Resolution finding the property to be rehabilitated and/or removed and then filing the Resolution with the Register of Deeds to make the future property owner aware of the situation.

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

Moved by Rundle, seconded by Kennedy, to adopt Resolution 6295, declaring the structure at 333 Minnesota unsafe and dangerous and ordering the repair or removal within ninety (90) days.  Motion carried unanimously.                                                                           (10)

            Mayor Henry called a public hearing on the unsafe and dangerous structure at 433 Illinois.

            Julie Wyatt, Environmental Inspector, presented the staff report on the unsafe and dangerous structure at 433 Illinois.  The property owner of record was deceased.  She has been in touch with the estate executor’s attorney and was advised the property might be sold once probate has given the executor the authority to sell the property.

            Joyce Haile Salasse, representing the executor of the estate, said on April 17, 2001, a hearing would be held giving the executor control over the property.  At that time, the property would be sold to a person in Chicago who would move to Lawrence and rehabilitate the structure.

            Sara Taliaferro, Pinckney Neighborhood Coordinator, said the Neighborhood Association would like to see these properties rehabilitated.  She asked the City Commission to especially work with the Walker family which has resided in the neighborhood for a long period of time.

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

            Moved by Dunfield, seconded by Rundle, to adopt Resolution 6296, declaring 433 Illinois unsafe and dangerous and ordering the repair or removal within ninety (90) days with the report within thirty (30) days on the status of the probate, proposed sale and rehabilitation of the structure.  Motion carried unanimously.                                                                                        (11)

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

 

APPROVED:

                                                                        _____________________________

James R. Henry, Mayor

ATTEST:

 

___________________________________                                                                        

Raymond J. Hummert, City Clerk

COMMISSION MEETING APRIL, 3  2001

1.                  Ordinance No. 7341 – 2^nd Reading, Annex 10.438 acres, S & E of Summerfield Way.

2.                  Ordinance No. 7342 – 2^nd Reading, Rezone 12.54 acres, N of Oak Hill Cemetery, from A & I-3 to RS-1.

3.                  Site Plan – (SP-02-10-01), Cross winds East, E of Silicon & N of E 23^rd.

4.                  Tax Abatement – Classic Eagle. (Defer)

5.                  Annex – Consent from Lowenthal, 5.9 acres, S of W 15^th, E of K-10.

6.                  Parks & Rec – Donation of batting cages at Holcom Sports Complex.

7.                  Drinking Establishment – Club 508, discussion. (Staff to prepare report)

8.                  Roundabout – 24^th Pl & Inverness discussion.

9.                  Street Construction – W 7^th between Comet Ln & Monterey Way.

10.              Resolution No. 6295 – Unsafe & Dangerous Structure, 333 Minnesota.

11.              Resolution No. 6296 – Unsafe & Dangerous Structure, 433 Illinois