April 17, 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 Rundle presiding and members Dunfield, Hack, Henry and Kennedy.  Student Commissioner Andyshak was present.

As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to approve the City Commission meeting minutes of April 10, 2001.  Motion carried unanimously.

As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to approve the Planning Commission meeting minutes of March 28, 2001; the HAND Advisory meeting minutes of March 22, 2001; the Board of Plumbers and Pipe Fitters meeting minutes of January 17, 2001; and, the Aviation Advisory Board meeting minutes of June 22, 2000; September 28, 2000; January 24, 2001; and, February 15, 2001.  Motion carried unanimously.

As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to approve claims in the amount of $1,244,359.75.  Motion carried unanimously.  

As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to approve the Drinking Establishment License for The Jazzhaus of Lawrence, 926 ½ Massachusetts (Contingent Upon State License); and, Jersey's Sports Bar & Grill, 1105 Massachusetts. Motion carried unanimously.

The City Commission reviewed the bids for a self-propelled scissor lift for the Parks and Recreation Department.  The bids were:

As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to award the bid to Dean Rental Service, in the amount of $8,490.00.  Motion carried unanimously.

As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to place on 1st reading Ordinance No. 7350, amending the City Code to require bidding on public improvement items of $15,000.00 or greater pursuant to new purchasing policy.    Motion carried unanimously.                                                                                                                                   (1)

As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to place on 1^st Reading Ordinance No. 7351, amending Article 6 Section 5-608 of the Plumbing Code concerning drainage system materials as authorized by the City Commission of April, 10 2001.   Motion carried unanimously.                                                                                               (2)

            Moved by Henry, seconded by Kennedy, to defer for one (1) week Ordinance No. 7343, annexing [A-01-02-00] 5.61 acres northeast of N. 7^th and North Streets.  Motion carried unanimously.                                                                                                                                   (3)

Moved by Henry, seconded by Kennedy, to defer for one (1) week Ordinance No. 7344, rezoning [Z-01-04-00] 5.61 acres northeast of N. 7^th and North Streets, from A (Agricultural District) to RS-1 (Single-Family Residence District).  Motion carried unanimously.                     (4)

Ordinance No. 7345, rezoning [Z-09-39-00] 9.236 acres from RS-2 (Single Family Residence District w/PUD overlay) to RM-D (Duplex-Residential District), located southwest of W. 27^th and Crossgate Drive, was read a second time.

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

Ordinance No. 7346, Rezoning [Z-11-49-00] 19.07 acres from A (Agricultural District) to RS-1 (Single-Family Residence District), located east of Wakarusa Drive (extended), west of Free State High School, was read a second time.    

As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to adopt the ordinance.  Aye:  Dunfield, Hack, Henry, Kennedy, and Rundle.   Nay: None.  Motion carried unanimously.                                                                                                                      (6)

Ordinance No. 7347, rezoning [Z-10-43-00] 22,113 sq. ft. from M-2 (General Industrial District) to RO-2 (Residence-Office District), located on the east side of the 600 block of Rhode Island Street, was read a second time.         

As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to adopt the ordinance.  Aye:  Dunfield, Hack, Henry, Kennedy, and Rundle.   Nay: None.  Motion carried unanimously.                                                                                                                      (7)

Ordinance No. 7348, rezoning [Z-12-54-00] 8.682 acres from A (Agricultural District) to M-1 (Research Industrial District), located on Research Park Drive, north of Legends Drive, was read a second time.   

As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to adopt the ordinance.  Aye:  Dunfield, Hack, Henry, Kennedy, and Rundle.   Nay: None.  Motion carried unanimously.                                                                                                                      (8)

Ordinance No. 7349, rezoning [Z-12-57-00] 1.16 acres from C-4 (General Commercial District) to C-5 (Limited Commercial District), located on the east side of Silicon Ave. at Crosswinds Ct., was read a second time.    

As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to adopt the ordinance.  Aye:  Dunfield, Hack, Henry, Kennedy, and Rundle.   Nay: None.  Motion carried unanimously.                                                                                                                      (9)

As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to adopt Resolution No. 6299, adopting the City purchasing policy as approved by the City Commission on April 10, 2001.  Motion carried unanimously.                                                     (10)

As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to approve the site plan (SP-02-11-01) for Oread West No. 5 Medical Office Complex, located on the 18^th Street between Wakarusa Drive and Sweetwater Court, subject to the following conditions:

1.                  Provide an agreement not to protest street and intersection improvements at 18^th Street and Wakarusa Drive;

2.                  Execution of a Site Plan Performance Agreement; and,

3.                  Provision and approval of a photometric plan.

Motion carried unanimously.                                                                                                         (11)

Mayor Rundle called a public hearing on the proposed vacation of a utility and drainage easement in St. James Addition.

            David Corliss, Assistant City Manager, presented the staff report on proposed vacation of utility and drainage easement in St. James Addition, located on the north side of East 23^rd Street at St. James Court.  Staff recommended approval contingent upon the dedication of new utility and drainage easements as proposed.

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

            Moved by Henry, seconded by Kennedy, to approve the vacation of utility and drainage easements in St. James Addition and authorize the Mayor to sign the Vacation Order subject to the dedication of new utility and drainage easements.  Motion carried unanimously.             (12)

Mayor Rundle called a public hearing on the proposed improvement of Crossgate from Clinton Parkway to 24^th Place.

David Corliss, Assistant City Manager, presented maps of the proposed benefit district and improvements.

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

            Moved by Kennedy, seconded by Hack, to approve the benefit district for Crossgate from Clinton Parkway to 24^th Place and direct staff to prepare the appropriate resolutions.  Motion carried unanimously.                                                                                                                    (13)

Mayor Rundle called a public hearing on the proposed traffic signal improvements and related geometric improvements at Clinton Parkway and Hawthorn/Hartford Drive.

            David Corliss, Assistant City Manager, presented the staff report on proposed traffic signal improvement and related geometric improvements at Clinton Parkway and Hawthorn/Hartford Drive.

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

            Moved by Kennedy, seconded by Dunfield, to approve the benefit district for traffic signal improvements and related geometric improvements at Clinton Parkway and Hawthorn/Hartford Drive and direct staff to prepare the appropriate resolutions.  Motion carried unanimously.                                                                                                                                    (14)

Sandra Day, Planner, presented the staff report on the Use Permitted Upon Review request for a telecommunications tower to be located on the West Lawrence Water Treatment Facility north of Wakarusa Court and west of Wakarusa Drive.  Day said the request was for Voicestream Wireless.  The Planning Commission unanimously recommended approval of the UPR with one abstention.  

Scott Beeler, representing the applicant, presented maps of telephone coverage for their existing and proposed sites.  The proposal was for 150’ tower to be located on the Clinton Water Plant site.  When Voicestream searched for a proposed site, three (3) factors were considered: the need for the tower; what impact it would have on property values in the area; and, could it provide for co-location for other users.  Beeler said this site met all the criteria.  They have letters of intent from Sprint and Verison Wireless to use the tower.  In addition, space would be made available for use by the Public Safety Departments of Lawrence.  An independent appraiser conducted a report that included the analysis of twelve (12) other tower locations. The market did not reflect any loss of property values in those areas.  Beeler said this was a win/win situation for everyone. 

Rundle said in the Planning Commission meetings packet there were several letters opposing the site.  He asked if Voicestream had contacted these property owners to discuss their concerns. 

Beeler said the letters were analyzed and their concerns were addressed in the presentation made to the Planning Commission.  In addition, all the property owners speaking at the Planning Commission meeting were contacted after the Planning Commission meeting and before the City Commission meeting.

Henry asked why Voicestream selected the proposed site when their appeared to be other areas of low coverage further to the north.

Beeler said this was the area with the greatest demand.

Moved by Kennedy, seconded by Dunfield, to concur with the Planning Commission recommendations to adopt the findings of fact and approve the UPR (UPR-01-01-01) for a telecommunications tower (150’ monopole) to be located on the West Lawrence Water Treatment Facility property north of Wakarusa Court and west of Wakarusa Drive, subject to the following conditions:

1.                  Execution of a Site Plan Performance Agreement;

2.                  Execution of a Lease Agreement with the City of Lawrence, prior to release of the Site Plan for issuance of a building permit;

3.                  Provide a letter that summarizes the structural standards of the proposed tower;

4.                  Provision of a Revised Site Plan to include the following:

a.                  Provision of a Revised Site Plan to show the location of proposed utility service lines, and removal of the reference to the dedication of Utility easements.  These areas are to be specifically described in the Lease Agreement between the application and the City per staff approval;

b.                  Provision of a Revised Site Plan to include a note which states “The tower owner/operator shall submit a letter to the Planning Office by July 1 of each year listing the current users and types of antenna located on the approved tower”; and,

c.                  Provision of a Revised Site Plan to include a note, which states, “A sign shall be posted on the tower or the exterior fence around the base of the tower noting the name and telephone number of the tower owner and operator.” [As noted per Section 20-14B03(d)].   

Motion carried unanimously.                                                                                                         (15)

            David Corliss, Assistant City Manager, presented the draft lease agreement with Voicestream at the Wakarusa Water Treatment Plant site.  Corliss said there were minor adjustments needed for the proposed lease.  Staff and the applicant were working on those changes and thought an appropriate agreement could be reached.  One example was financial assurance that the tower would be removed if needed.

            Rundle said that several recent Franchise Agreements were approved for shorter time periods because of anticipated changes in technology.  He asked if this agreement should be of shorter duration.

Corliss thought the twenty-five (25) year timeframe for the lease was appropriate because of the capital investment made by Voicestream.

            Moved by Rundle, seconded by Kennedy, to direct staff to negotiate a lease with Voicestream for the use of a tract of land at the Clinton Water Plant Site and authorize staff to sign the agreement unless there were substantial changes at which time it should be brought back to the City Commission.  Motion carried unanimously.                                            (16)

            David Corliss, Assistant City Manager, presented the Draft Annexation Service Plan for a proposed annexation of property in the west 6^th Street corridor area generally located from Wakarusa Drive to K-10.   This was not a new planning document, but a compiling of various existing planning documents.  The next step was to initiate a petition to the County Commission to have a public hearing on the proposed annexation.  In addition, staff would take the proposed annexation to the Planning Commission for their review and recommendation.  He anticipated several minor changes to the document.  One (1) clarification would be to reflect that any changes to the development policies of the City would need to be followed.                                                Moved by Henry, seconded by Kennedy, to direct staff to prepare a petition for submission of annexation to the Board of County Commissioners and place the petition on a future City Commission agenda.  Motion carried unanimously.                                                 (17)

            Dunfield requested staff conduct a review and report on the possible purchase of 1205 Brook Street because of damage done by flooding at that location.  He suggested there might be a potential to purchase the property and redevelop it for residential use with a higher elevation.

            The property owner at 1205 Brook said they were interested in having the City buying the property.  Although they had flood insurance, it only covered water flowing into the house.  There was substantial structural damage done to the house because of water seeping into the foundation.

            Henry asked about berming of the lot to keep water away from the house. 

            The property owner said an engineer has looked at several options and thought they would not be effective in dealing with the flooding.

            The City Commission concurred to direct staff to review the information provided by the property owner and review of the site and present a report to the City Commission.                   (18)

             Moved by Henry, seconded by Dunfield, to adjourn at 7:45 p.m.   Motion carried unanimously.                                                           APPROVED:

                                                                        _____________________________

James R. Henry, Mayor

ATTEST:

 

___________________________________                                                                        

Raymond J. Hummert, City Clerk

COMMISSION MEETING APRIL 17,  2001

1.                  Ordinance No. 7350 – 1^st Reading, Amend City Code, require bidding on public improvement items $15,000.00  or greater.

2.                   Ordinance No. 7351 – 1^st Reading, Amend 5-608, Plumbing Code, drainage system materials

3.                  Ordinance No. 7343 – 2^nd Reading,  Defer 1 week, Annex (A-01-02-00), 5.61 acres, NE of N 7^th & N St.

4.                  Ordinance No. 7344 – 2^nd Reading, Defer 1 week, Rezone 5.61 acres, A to RS-1,  NE of N 7^th & N St.

5.                  Ordinance No. 7345 – 2^nd Reading, Rezone (Z-09-39-00), 9.23t acres, RS-2 to RM-D, SW of W 27^th & Crossgate.

6.                  Ordinance No. 7346 – 2^nd Reading, Rezone (Z-11-49-00), 19.07 acres, A to RS-1, W of Free State H.S.

7.                  Ordinance No. 7347 – 2^nd Reading, Rezone (Z-10-43-00), 22,113 sq. ft., M-2 to RO-2, E side of 600 Blk of Rhode Island.

8.                  Ordinance No. 7348 – 2^nd Reading, Rezone (Z-12-54-00), 8.682 acres, A to M-1, Research Park Dr., N of Legends Dr.

9.                  Ordinance No. 7349 – 2^nd Reading, Rezone (Z-12-57-00), 1.16 acres, C-4 to C-5, E side of Silicon Ave at Crosswinds Ct.

10.              Resolution No. 6299 – Adopt Purchasing Policy.

11.              Site Plan – (SP-02-11-01), Oread W No. 5 Medical Office Complex, 18^th between Wakarusa and Sweetwater Ct.

12.              Vacation – Utility & Drainage Easements, St. James Addition.

13.              Benefit District – Crossgate from Clinton Pkwy to 24^th Pl.

14.              Benefit District – Clinton Pkwy & Hawthorne/Hartford, Traffic Signal Improvements.

15.              UPR – (UPR-01-01-01) Telecommunications Tower, W Lawrence Water Treatment Facility, N of Wakarusa Ct & W of Wakarusa Dr.

16.              Lease Agreement – Voicestream for use of tract at Clinton Water Site.

17.              Draft Annexation Service Plan – W 6^th Corridor, from Wakarusa to K-10.

18.              Land Purchase – Discussion for City buying property at 1205 Brook.