January 2, 2002
The Board of Commissioners of the City of Lawrence met in regular session at 3:00 p.m., in the City Commission Chambers in City Hall with Mayor Rundle presiding and members Dunfield, Hack, Henry and Kennedy present.
As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to approve the City Commission meeting minutes of December 18, 2001. Motion carried unanimously.
As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to approve the Planning Commission meeting minutes of December 19, 2001; the Housing Trust Fund Board meeting minutes of November 14, 2001; the Sign Code Board of Appeals meeting minutes of December 6, 2001; the Library Board meeting minutes of December 17, 2001; and, the Aviation Advisory Board meeting minutes of November 1, 2001. Motion carried unanimously.
As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to approve claims to 370 vendors in the amount of $2,602,718.89 and payroll from December 16, 2001 to December 29, 2001 in the amount of $1,190,054.37. Motion carried unanimously.
As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to concur with the recommendation of the Mayor for the reappointments of Trish Bransky, Karen Swisher and Kathleen Hodge to the Sister Cities Advisory Board; the appointments of DiAnne Damro, Shelley Davis and Janet Satz to the Lawrence Arts Commission; the appointments of Robert Schehrer and Kirk McClure to the Public Incentives Review Committee; and, the appointments of Mike Porter, Mark Stogsdill and Janet Smalter to the Uniform Building Code Board of Appeals. Motion carried unanimously.
Ordinance No. 7463, establishing “yield signs” on Hampton Street at 25th Terrance and Kensington Road was read a second time.
As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to adopt the ordinance. Aye: Dunfield, Hack, Henry, Kennedy, and Rundle. Nay: None. Motion carried unanimously. (1)
Ordinance No. 7464, establishing “no parking” along the south side of North Street between 2nd and 3rd Streets, and along the east side of Airport Road was read a second time.
As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to adopt the ordinance. Aye: Dunfield, Hack, Henry, Kennedy, and Rundle. Nay: None. Motion carried unanimously. (2)
As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to adopt Resolution No. 6355, requesting that the County Commission make certain findings regarding the annexation of property (K-10 right-of-way located adjacent to East Hills Business Park). Motion carried unanimously. (3)
As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to concur with the Planning Commission’s recommendations to approve the Final Plat (PF-11-39-01) for Wakarusa Place Addition, an eight-lot-mixed-use development containing approximately 53.1872 acres, located on the northwest corner of the intersection of 6th and Wakarusa, and accept the dedication of easements and rights-of-way subject to the following conditions:
1. Provide revised plat to include:
a. Revising note No. 6 to state; “Telephone, cable television and/or electric lines will be located underground pursuant to City Laws”;
b. Provide MEBO for Lot 1, Block 2;
c. A note stating that Lot 1, Block 1 will have no direct access to Wakarusa Drive;
d. A note stating that Lots 1 and 4, Block 2 will have no direct access to Wakarusa Drive except at the location of the 50’ access easement;
e. A note stating that Lot 1, Block 4, will have no direct access to Wakarusa Drive except at the location shown on the Wakarusa Place Final Development Plan. The access location will need to be properly described in the note;
f. Access restriction “hatches” along the entire length of Wakarusa Drive;
g. Removal of the “R/W” and “Dedicated” references from the section of Wakarusa Drive that is north of Overland Drive and show the City of Lawrence as the owner of the property;
h. Include in the Dedication section the following statement: “This conveyance is made for the purpose of a controlled access highway and the grantor hereby releases and relinquishes to the grantee any and all abutters’ right of access to said highway, appurtenant to grantors remaining property”;
i. Revise Overland Drive rights-of-way where it intersects with Wakarusa Drive;
j. City Engineer approval of revised Overland Drive rights-of-way;
2. Payment of street sign fees;
3. Submission and approval of a Master Street Tree Plan;
4. Execution of a Temporary Utility Agreement; and,
5. Pinning of the lots in accordance with Section 21-302.2 of the Subdivision Regulations.
Motion carried unanimously. (4)
As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to concur with the Planning Commission’s recommendations to approve the Final Plat (PF-11-41-01) for Fall Creek Farms 7th Plat, a two-lot residential subdivision containing approximately 1.899 acres, located west of Kasold Drive and south of Peterson Road at the terminus of Buck Brush Court, and accept the dedication of easements and rights-of-way subject to the following conditions:
1. Provide drainage easements on the plat. All drainage easements must be approved by the City Stormwater Engineer prior to filing of the final plat;
2. Show the radius of the bulb for Buck Brush Court;
3. Execution of a Temporary Utility Agreement;
4. Submission and approval of a Master Street Tree Plan;
5. Provide the RLS seal/signature on the face of the plat; and,
6. Provide correct bearings.
Motion carried unanimously. (5)
As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to approve the site plan (SP-11-75-01) for expansion and remodel of Crandon & Crandon Optometry, located at 1019 Massachusetts, subject to the following conditions:
1. A Site Plan Performance Agreement be executed (Per Section 20-1433);
2. Revision of the site plan to include:
a. A parking area which conforms with City standards to be approved by the City Engineer;
b. Notation that nay proposed mechanical equipment shall be screened per Section 20-14A04.8;
c. Notation including HRC approval information CLG-10-24-2001 (administrative approval). The following area conditions of approval:
● The applicant should provide construction documents for review and approval prior to the release of a building permit;
● The applicant field-verify proposed façade alterations with staff after demolition of the existing façade covering;
● The applicant provides black and white photographs prior to the issuance of the building permit;
● Proposed signage to meet the Downtown Design Guidelines (to be determined at time of Sign Permit Application);
d. Notation of the square-footage break down of apartment/office/retail uses; and,
e. Notion of the parking configuration along Massachusetts Street.
Motion carried unanimously. (6)
As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to approve the monthly rental rate of $175/month for T-hangars at Lawrence Municipal Airport effective February 1, 2002. Motion carried unanimously. (7)
As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to authorize City Manager to execute an engineering design contract with Landplan Engineering in the amount of $210,368.75 for the Westwood Hills Sanitary Sewer improvements. Motion carried unanimously. (8)
As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to authorize the Mayor to sign a Subordination Agreement for George and Ardith Shove, 1618 East 18th Street Terrace. Motion carried unanimously. (9)
As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to authorize the Mayor to sign General Warranty Deeds conveying 1718, 1808, 1812, 1820, 1824, 1828, and 1832 Atherton Court and 1133 Pennsylvania Street to Tenants to Homeowners, Inc. and 1804 and 1816 Atherton Court to Habitat for Humanity, Inc. Motion carried unanimously.(10)
Commissioner Dunfield said he pulled the Final Plats for Bismarck Gardens Subdivision No. 5 and No. 6 from the consent agenda to highlight the discussion during the Planning Commission’s consideration of these plats. He said there was concern among the Planning Commissioners about the relationship of this project to the proposed changes in the Flood Plain Regulations which were presently under study. When the City Commission set a moratorium on annexations in the floodplains, the City Commission anticipated the new regulations would be in effect before the first of the year. He said these final plats highlighted the need to keep moving ahead to get the Flood Plain Regulations in place so there wasn‘t a continuation of discussion and confusion about what the intentions were and where the City was headed with these regulations. He said he did not intend to prevent these final plat items from going forward, but simply wanted to highlight that the City Commission needed to come to a resolution concerning the floodplain regulations.
It was moved by Kennedy, seconded by Hack to concur with the Planning Commission’s recommendations to approve the Final Plat (PF-11-37-01) for Bismarck Gardens Subdivision No. 6, a replat of Lot 18, in North Lawrence Addition No. 8, a four-lot residential subdivision containing approximately .827 acres, located between Hickory and Lake Streets north of 7th Street, and accept the dedication of easements and rights-of-way subject to the following conditions:
1. Approval of sanitary sewer location plan by the City Engineer prior to filing the final plat;
2. Provision of a note stating “Plans and profile designs for all driveway culverts within the platted area must be approved prior to obtaining building permits.”
3. Provide a 5’ separate utility easement along the street frontage;
4. Pinning of the lots in accordance with Section 21-302.2 of the Subdivision Regulations;
5. Execution of a Temporary Utility Agreement;
6. Submission and approval of a Master Street Tree Plan; and,
7. Provide finished floor elevations on lots in the floodway fringe.
Motion carried unanimously. (11)
It was moved by Kennedy, seconded by Hack, to concur with the Planning Commission’s recommendations to approve the Final Plat (PF-11-38-01) for Bismarck Gardens No. 5, a replat of Tract A in Bismarck Gardens Subdivision No. 2, a four-lot residential subdivision containing approximately 1.02 acres, located on North Street, west of North 8th Street, and accept the dedication of easements and rights-of-way subject to the following conditions:
1. Approval of sanitary sewer location plan by the City Engineer prior to filing the final plat;
2. Provision of a note stating, “Plans and profile designs for all driveway culverts within the platted area must be approved prior to obtaining building permits”;
3. Provide a copy of the document referenced in Note No. 5. Confusing, because Bismarck No. 2 states that North Street was to be improved via private financing;
4. Show a 135’ rear setback area consistent with the final plat of Bismarck Gardens No. 2. Provide shading within the 135’ setback area along Block 1 in order for the area to be easily identified;
5. Provision of a note stating, “No accessory structures are located within 135’ setback along Block 1. Note shaded area”;
6. Pinning of the lots in accordance with Section 21-302.2 of the Subdivision Regulations;
7. Execution of a Temporary Utility Agreement;
8. Submission and approval of a Master Street Tree Plan; and,
9. Provide finished floor elevations on lots in the floodway fringe.
Motion carried unanimously. (12)
Mayor Rundle called a public hearing on the proposed vacation of sewer easements located at 304 and 312 Indiana.
David Corliss, Assistant City Manager/Director of Legal Services, presented the staff report on the proposed vacation of sanitary sewer easements located at 304 and 312 Indiana. Corliss explained that a garage had been built over this line in 1986 and it just came to the property owner’s attention due to a more detailed analysis of the property when it was being transferred.
Wildgen explained that the sewer line had already been relocated further east of the current location. He explained the old sewer line would be abandoned, cut off and plugged.
Upon receiving no public comment, it was moved by Kennedy, seconded by Dunfield to close the public hearing. Motion carried unanimously.
Moved by Kennedy, seconded by Hack, to and approve the Orders of Vacation. Motion carried unanimously. (13)
Mayor Rundle explained that the2002 Legislative Priority Statement would be presented to the legislative delegation at a breakfast on January 10th, 2002 and asked for the Commissioner’s comments on their priorities.
Commissioner Hack asked that the item “City Support for Public Education” be moved higher up on the list of priorities.
Corliss asked Commissioner Hack if after “State Resources Assisting Local Services and Needs – Demand Transfers” would be acceptable.
Hack said “yes.” She also noted there should be some additional language about the need for continued funding of the transportation projects that the City was already counting on such as 6th Street and the SLT.
Corliss stated he could add language in the first section on those topics. He also explained the issue about funding for schools. He said when he prepared testimony, he was not specifically lobbying for schools, but it did have an impact when municipal lobbyists meet and there would be some discussion about state budget issues and their concerns about education funding. He would tell them that the Lawrence City Commission indicated public education funding was an important City priority.
Corliss stated that most of the legislative work was defensive in nature. Among the issues this year would be redistricting, telecommunications issues specifically the ability of cities to regulate telecommunications companies. He also would ask some members of the legislative delegation to sponsor a bill on City authority to regulate drinking establishments.
Commissioner Henry said the draft document was reflective of the Commission’s priorities. He said there were some things that the City could not do anything about, such as sales tax on e-commerce, so it was important to address those things that the City could do something about.
Hack stated that her earlier comment about education was meant as a philosophical comment. She said Lawrence has worked hard as a community to support education and City Commission meetings with the school district and the County were evidence of that.
Dunfield said several of the items listed in the draft document all refer back to the tight state budget and the need to keep the funding to keep the City going and in good shape. He asked if there was a way to reinforce those points all together rather than separate them out.
Corliss said he would look at the statement to see if that could be done. He also said that Commissioner Dunfield just articulated the City’s posture of stressing home rule authority and to make sure the same revenue sources were there to provide the essential municipal functions.
Kennedy said it was very important to keep telling the state to keep the revenue funds in place.
Rundle asked if each of the separate items were affected by discrete pieces of legislation.
Corliss said it was more likely, for example, on the alcohol tax that one would see, early in the session, attempts to change the enabling legislation to change where the money went. The City would fight that and then toward the end of the session it was important to remind the local delegation about the value of those dollars in the whole scheme of things. He said he would add additional language under the tight state budget heading about the highway programs and then recite the demand transfers, alcohol funding, and schools. He said it didn’t hurt to be redundant and it was important for the delegation to hear the City’s priorities early and often. He said he was preparing, at the request of one member of the delegation, a detailed document on alcohol tax funds and gas tax funds which included the exact dollar amounts for these programs.
Corliss mentioned that the state house and senate redistricting efforts were moving along and he did not see any particular concerns at the present time.
Rundle stated that his priorities included un-funded mandates and demand transfers and said the City Commission could not do its work if the state reduced the City’s revenue streams.
Corliss stated he understood the direction the Commission wanted to go with the draft and would present a revised draft incorporating the changes noted at next week’s meeting. (14)
Terese Gorman, City Engineer, presented the staff report concerning the proposed 2002 KLINK Project, on mill and overlay of 6th Street, from the west side of Wakarusa Drive approximately west of Monterey Way. She said that portion of 6th Street wasn‘t in very good shape and requested that the City proceed with plans to repair that stretch of road this year.
Rundle asked if the alternative streets to spend these funds on were in better shape than this part of 6th Street.
Gorman said that when they applied for these funds that this was the worst section. It was a forecast because they had to plan about two years in advance. She said while KDOT has not committed to next summer’s project, most likely next summer’s project would probably be 23rd Street east of Haskell.
Hack said she drove down this stretch of 6th Street and concurred that it was definitely in need of work.
Kennedy asked if this project included the recently improved intersections at Folks Road and in front of Hy-Vee.
Gorman said there was a large crack at Folks Road so that intersection would probably be repaired, but not the intersection at Monterey Way in front of the Hy-Vee.
Kennedy asked if there was any word from KDOT about 6th and Wakarusa.
Gorman said “no.”
Kennedy said this road needed improvement given that there would be no overall improvements further west for several years.
Hack asked about the total cost.
Gorman said the total cost of the project was approximately $425,000 and the state would split the costs, but their portion would not exceed $200,000.
Moved by Henry, seconded by Hack, to approve the 2002 KLINK Project, mill and overlay of 6th Street, from the west side of Wakarusa Drive approximately west of Monterey Way. Motion carried unanimously. (15)
Moved by Kennedy, seconded by Dunfield, to adjourn at 3:30 p.m. Motion carried unanimously.
APPROVED:
_____________________________
Mike Rundle, Mayor
ATTEST:
___________________________________
Frank S. Reeb, City Clerk
COMMISSION MEETING JANUARY 2, 2002
1. Ordinance No. 7463 – 2nd Reading, “yield sign” on Hampton at 25th Terr & Kensington Rd.
2. Ordinance No. 7464 – 2nd Reading, “no parking” S side of N St., between 2nd & 3rd & along E side of Airport Rd.
3. Resolution No. 6355 – Request Cnty Commission to make certain findings for annexation of K-10 R-O-W property adjacent to E Hills Business Park.
4. Final Plat – (PF-11-39-01) Wakarusa Pl Addition, 8 lot mixed use, 53.1872 acres, NW corner of intersection of 6th & Wakarusa.
5. Final Plat – (PF-11-41-01) Fall Creek Farms 7th Plat, 2 lots, 1.899 acres, W of Kasold & S of Peterson.
6. Site Plan – (SP-11-75-01) Crandon & Crandon Optometry, 1019 Mass.
7. Airport – Monthly rental rate 175/mo., T-hangers, effective 2-1-02.
8. Engineering Design Contract – Landplan for $210,368.75, Westwood Hills Sanitary Sewer.
9. Subordination Agreement – 1618 E 18th St. Terr., Shove.
10. General Warranty Deeds, 1718, 1808, 1812, 1820, 1824, 1828 & 1832 Atherton Ct, & 1133 Penn to Tenants to Homeowner’s & 1804 & 1816 Atherton Ct to Habitat for Humanity.
11. Final Plat – (PF-11-37-01) Bismarck Gardens Sub No. 6, .827 acres, Hickory & Lake Streets, N of 7th.
12. Final Plat – (PF-11-38-01) Bismarck Gardens Sub 5, 1.02 acres, N Street, W of N 8th.
13. Public Hearing – Vacation of sewer easement, 304 & 312 Indiana.
14. 2002 Legislative Priority Statement.
15. 2002 KLINK project, mill & overlay of Wakarusa, W of Monterey Way.