July 9, 2002
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 Hack presiding and Commissioners Dunfield, Rundle, and Henry present. Commissioner Kennedy was absent.
As part of the consent agenda, it was moved by Rundle, seconded by Henry, to approve the City Commission meeting minutes of July 2, 2002. Motion carried unanimously.
As part of the consent agenda, it was moved by Rundle, seconded by Henry, to receive the Economic Development Marketing Program Activity Report for May – June 2002. Motion carried unanimously.
As part of the consent agenda, it was moved by Rundle, seconded by Henry, to approve claims to 284 vendors in the amount of $1,660,437.39. Motion carried unanimously.
As part of the consent agenda, it was moved by Rundle, seconded by Henry, to concur with the recommendation of the Mayor and reappoint David Longhurst and Don Johnston to second terms, and Doug Holladay to a first term, to the Convention and Visitors Bureau Advisory Board. All terms will expire on July 1, 2006. Motion carried unanimously.
As part of the consent agenda, it was moved by Rundle, seconded by Henry, to approve the Drinking Establishment Licenses for Pancho’s Mexican Restaurant, 711 West 23rd Street, Suite 28; FiFi’s Restaurant, 925 Iowa; Panda Garden, 1500 West 6th Street; The Sandbar, 17 East 8th (Contingent Upon State License); the Retail Liquor Licenses for Ray’s Wine & Spirits, 721 Wakarusa, Suite 107; and, Ray’s Liquor Warehouse, 1215 West 6th Street. Motion carried unanimously.
As part of the consent agenda, it was moved by Rundle, seconded by Henry, to authorize the City Manager to enter into an engineering contract for $112,403.09 with BG Consultants for the 2002 Waterline Improvement Projects. Motion carried unanimously. (1)
As part of the consent agenda, it was moved by Rundle, seconded by Henry, to place on first reading Ordinance No. 7537, rezoning (Z-02-06-02) 23.2827 acres from A-1 (Suburban Home Residential District) to PRD-1 (Planned Residential District), north of Clinton Parkway and west of Lake Alvamar. Motion carried unanimously. (2)
As part of the consent agenda, it was moved by Rundle, seconded by Henry, to place on first reading Ordinance No. 7541, annexing (A-02-01-02) property north of Clinton Parkway and west of Lake Alvamar. Motion carried unanimously. (3)
Ordinance No. 7542, prohibiting traffic control signs on private property which do not comply with the manual on Uniform Traffic Control Devices was read a second time. As part of the consent agenda, it was moved by Rundle, seconded by Henry, to adopt the ordinance. Aye: Dunfield, Hack, Henry, and Rundle. Nay: None. Motion carried unanimously. (4)
As part of the consent agenda, it was moved by Rundle, seconded by Henry, to adopt Resolution No. 6392, establishing a public hearing date of August 6, 2002, for the proposed special assessment benefit district and improvement of sanitary sewers for Riverside Business Park. Motion carried unanimously. (5)
After acknowledging a change to the site plan (SP-03-20-02) for Morgan Mini-Storage; 1100 East 24th Street which was that the applicants are now proposing to build only a six-foot fence/wall along the front of their property rather than requesting the ability to place a trash enclosure and dumpster 15-feet from the street right-of-way, it was moved by Rundle, seconded by Henry, to approve the site plan, subject to the following conditions:
1. Submission of a revised site plan indicating:
a. Note indicating requirement to replace cracked concrete aprons;
b. Note on plan to show common ownership to satisfy parking requirements;
c. Note on plan listing restrictions of Chapter 20§1456(d);
d. Location of telephone service lines;
e. Pavement at the southwest corner cannot discharge as shown;
f. Pavement slopes at the entrance do not adequately direct runoff to the curb inlet. Revise;
g. Label the proposed curb inlet size and flowline. Specify a City Standard inlet;
h. Label the proposed pipe slope and flowline into the existing system.
2. Execution of Site Plan Performance Agreement; and,
3. Submission and approval of a photometric plan.
Motion carried unanimously. (6)
As part of the consent agenda it was moved by Rundle, seconded by Henry, to approve a Temporary Use Permit Upon Review (TUPR-06-37-02) for a fundraising event for the Boys and Girls Club at Meadowbrook, located at 15th and Crestline on July 25, 2002, from 5:00 – 11:00 p.m., subject to the following conditions:
1. Tents shall not be within 20’ of property lines, buildings or parking;
2. Tents must be certified flame retardant;
3. Provide 2A10BC portable fire extinguisher;
4. “No Smoking” signs must be posted and enforced;
5. No open flame devices or cooking permitted within the tent;
6. If walls are proved, Exit signs, emergency lighting and proper exit openings must be provided;
7. Signs displayed in conjunction with this use shall comply with City sign regulations and shall not be located on public right-of-way. Signs for this activity can only be displayed during hours of operation;
8. Provide personnel for traffic control/direction to assist in parking vehicles in the area; and,
9. Comply with all alcohol related laws.
Motion carried unanimously. (7)
After acknowledging modifications to the conditions for the approval of the Final Plat for Park West, it was moved by Rundle, seconded by Henry, to concur with the Planning Commission’s recommendations to approve the Final Plat (PF-04-09-02) for Park West, a 130-lot single-family and multiple family residential subdivision. The property is generally described as being located south of Wakarusa Drive (extended) and east of Queens Road, and accept the dedication of easements and rights-of-way subject to the following conditions:
1. Provision of the following fees and recording documentation:
a. Copy of paid property tax receipt;
b. Recording fees made payable to the Douglas County Register of Deeds;
c. Provision of a Master Street Tree Plan;
2. Provision of a table on the face of the Final Plat to identify the MEBO’s for each lot adjacent to a drainage easement per section 21-301.5(b);
3. Provision of a revised final plat to include a label of the east-west leg of the DE on Lot 41;
4. Provision of a note on the face of the plat which indicates, “The owner has executed an agreement that improvements to Queen’s Road (East 1000 Road) between Wakarusa Drive and Overland Drive will be initiated before issuance of building permits for Lots 9-23, Block One and Lots 49-55, Block One, and that occupancy permits for said lots will not be issued prior to completion of the Queen’s Road (East 1000 Road) improvements between Wakarusa Drive and Overland Drive.” This note should also provide the Book and Page reference for this filed agreement at the Register of Deeds;
5. Execution of a temporary utility agreement;
6. Pinning of the lots in accordance with the requirements of Section 21-302.2 of the Subdivision Regulations;
7. Additional right-of-way dedication from Lots 8 and 9, Block 1 as shown on the attached sketch; and
8. Allowing final occupancy permits for Lots 8 thru 23, Block 1, after the City Commission has approved the formation of the benefit district for Queens Road. If the improvements to Queens Road do not occur, for some unforeseen reason, occupancy permits for Lots 8 thru 23, Bock 1, will be allowed as of January 2, 2004.
Motion carried unanimously. (8)
As part of the consent agenda, it was moved by Rundle, seconded by Henry, to concur with the Planning Commission’s recommendations to approve the Final Plat (PF-05-12-02) for Oread Center, a replat of Lot 1B of a lot split of Lot 1, Oread West No. 8. This is an eight-lot research office development containing approximately 13.13 acres. The property is generally described as being located south of West 15th Street between Research Park Drive (proposed) and Wakarusa Drive, and accept the dedication of easements and rights-of-way subject to the following conditions:
1. Provision of a revised Final Plat to include a table to list and identify the MEBO’s for each lot adjacent to a drainage easement per section 21-301.5(b);
2. Execution of a Temporary Utility Agreement;
3. Provision of a Traffic Impact Study to determine the extent of intersection improvements for Wakarusa Drive and 16th Street;
4. Execution of an agreement not-to-protest the formation of a benefit district for intersection improvements to 16th Street and Wakarusa Drive.
5. Execution of an agreement that Research Park Drive improvements be initiated prior to issuance of building permits. No occupancy permits be issued prior to completion of Research Park Drive;
6. Provision of a revised Final Plat to refer to deed book and page reference that dedicated right-of-way for 15th Street and Research Park Drive;
7. Provision of revised Final Plat to update the endorsements for the Planning Commission Chair; and,
8. Provision of the following fees and recording documentation:
a. Copy of paid property tax receipt;
b. Recording fees made payable to the Douglas County Register of Deeds; and,
c. Provision of a Master Street Tree Plan.
Motion carried unanimously. (9)
As part of the consent agenda, it was moved by Rundle, seconded by Henry, to concur with the Planning Commission’s recommendations to approve the Final Plat (PF-05-13-02) for Payne Subdivision. The property is generally located west of North 9th Street between Elm and Locust Street, and accept the dedication of easements and rights-of-way subject to the following conditions:
1. Provision of a revised Final Plat to update the endorsement for the Planning Commission;
2. Execution of an agreement not-to-protest the formation of a benefit district for street and sidewalk improvements for Elm Street, Locust Street and North 9th Street;
3. Execution of a Temporary Utility Agreement;
4. Pinning of the lots in accordance with Section 21-302.2;and,
5. Provision of the following fees and recording documentation:
a. Copy of paid property tax receipt;
b. Recording fees made payable to the Douglas County Register of Deeds; and,
c. Provision of a Master Street Tree Plan.
Motion carried unanimously. (10)
As part of the consent agenda, it was moved by Rundle, seconded by Henry, to concur with the Planning Commission’s recommendations to approve the Final Plat (PF-05-14-02) for Polk Subdivision, a four-lot industrial subdivision containing approximately 3.195 acres. The property is generally located at the northeast corner of 11th and Haskell, and accept the dedication of easements and rights-of-way subject to the following conditions:
1. Certification that all taxes and special assessments have been paid;
2. Submission and approval of a Street Tree Plan indicating the size, number, and species of trees;
3. Label 25’ Right-of-Way along Railroad (It only says 25’)
4. Place note on the Final Plat indicating the additional information concerning drainage are placed on the preliminary plat (Approximate time for completion of public improvements.)
5. Pinning of the lots in accordance with Section 21-302.2 of the Subdivision Regulations;
6. Execution of a Temporary Utility Agreement; and
7. Note on the face of the plat indicating Book and Page number reference for Master Street Tree Plan.
Motion carried unanimously. (11)
As part of the consent agenda, it was moved by Rundle, seconded by Henry, to concur with the Planning Commission’s recommendations to approve the Final Plat (PF-05-15-02) for Kirk Welding Addition, a replat of Lot 26, Lawrence Industrial Park and an adjacent portion of vacant railroad right-of-way. The property is generally located in the 900 Block of East 29th Street, west of Haskell Avenue, and accept the dedication of easements and rights-of-way subject to the following conditions:
1. Note on the face of the plat that references the recorded drainage easement by book and page;
2. Accurate depiction of the drainage easement on the Final Plat;
3. Execution of a Temporary Utility Agreement;
4. Submission and approval of a Master Street Tree Plan; and,
5. Certify that all taxes and special assessments have been paid.
Motion carried unanimously. (12)
As part of the consent agenda, it was moved by Rundle, seconded by Henry, to concur with the Planning Commission’s recommendations to approve the Final Plat (PF-05-17-02) for 1901 Addition, a replat of Lot 16, Block 2, South Lawrence in the southwest fractional quarter. The property is generally located at the southwest corner of 19th Street and Massachusetts Street, and accept the dedication of easements and rights-of-way subject to the following conditions:
1. Dedication of a 10’ utility easement along the west property line;
2. Execution of a Temporary Utility Agreement;
3. Submission and approval of a Master Street Tree Plan;
4. Pinning of the lot in accordance with Section 21-302.2 of the Subdivision Regulations; and,
5. Dedication of a 7’ public roadway/utility/pedestrian easement along the north side of the property.
Motion carried unanimously. (13)
As part of the consent agenda, it was moved by Rundle, seconded by Henry, to authorize the Mayor to sign a Release of Mortgage for Curt Cunningham, 725 Locust. Motion carried unanimously. (14)
Mayor Hack added a walk-on item as a separate vote to set August 6, 2002 as a bid opening date for the Airport Improvement Project--Phase II.
Moved by Rundle, seconded by Henry, to set August 6, 2002 as a bid opening date for the Airport Improvement Project--Phase II. Motion carried unanimously. (15)
John Wachter, Attorney, representing Robert Maxwell and Jan Haley Maxwell, executors of the estate of Ernest P. Haley, Resolution No. 6388 was pulled from the consent agenda. He said Ernest Haley owned a lot that is part of the proposed benefit district. He said even though Mrs. Haley had received the notice and appeared at the public hearing, the executors were not aware of this issue until last Tuesday’s City Commission meeting. He said they were concerned about what benefits their property was receiving. He said they were requesting a deferral to meet with staff and determine whether or not they had previously dedicated part of Comet Lane. He said if they had, they might be possibly exempted from the district.
Moved by Rundle, seconded by Dunfield, to defer for one week, the adoption of Resolution 6388, setting out the findings and determinations, and ordering the construction of a westbound left turn lane on 6th Street at Comet Lane. (16)
During the City Manager’s report Mike Wildgen reported that the water usage was doing well since capacity was added to the Clinton Plant. He said the plant was meeting all the water demands that the City has experienced the last few days and possibly more demands in the next 45 days.
Mayor Hack called a public hearing on a partial vacation of a utility easement, Lot 1, Monterey No. 7 Addition. (Hy-Vee West 6th Street location).
Chuck Soules, Public Works Director, presented the staff report on a partial vacation of a utility easement, Lot 1, Monterey No. 7 Addition. (Hy-Vee West 6th Street location). He said at present, the City owns the proposed easement. The applicant has a site plan and has requested to use the southeast part of that easement (10 foot of the 30 foot easement). He said staff has contacted all the property owners within 200 feet, made publication, and contacted all the utilities. Currently there are water and gas utilities near or in that 10-foot easement, but the applicant has agreed to relocate those utilities which both utility companies are in agreement. He said the City Commission can approve the vacation, but should make it conditional upon the utilities being moved.
Upon receiving no public comment, it was moved by Henry, seconded by Dunfield, to close the public hearing. Motion carried unanimously.
Moved by Rundle, seconded by Dunfield, to approve the Order of a Partial Vacation of a utility easement, Lot 1, Monterey No. 7 Addition (Hy-Vee West 6th Street location) conditioned on the relocation of water and gas utilities by the owner. (17)
David Corliss, Assistant City Manager/Legal Services Director, presented the staff report concerning an amendment to the City Sign Code to remove the durational limit on political signs. He said the City’s sign code which was one of the first Municipal Sign Codes in Kansas was adopted some years ago. It contains what is known as a durational time limit on political signs. Political signs can only be for a certain number of weeks before and after an election. One of the issues that the City has with the City Sign Code was the regulation of speech, regulating protective activities under the First Amendment. When the courts have looked at municipal regulations or any law that restrict or attempts to restrict speech, one of the templates they use to analyze the regulation or law restricting speech is that those time, place, and manner restrictions on speech have to be content neutral which means that they are not distinguishing between the content of the particular speech, but in this case, the particular signs. When courts have looked at the durational time limits in sign codes, they have indicated, while there may be a reasonableness argument, they did not need to have the signs up years or months ahead of particular campaigns. He said if they are regulating on the basis of content, a court would strike that restriction down. Corliss said courts throughout the country have struck down durational time limits on political signs.
Corliss said it is staff’s desire to review the City’s Sign Code to make it a clearer document. The code is not user friendly when looking at what other communities have done with graphics and charts that help them determine what signs are allowed. He said staff hopes to have a discussion internally, but also externally with stakeholders that are involved in signage issues to present recommendations to the Commission, primarily of a procedural nature not of a substantive nature.
He said he has been aware that the City needed to make this durational time limit change and was concerned there was a potential liability because it was fairly clear that the durational time limit needed to be removed because of its Constitutional infirmity.
Marci Francisco, Lawrence, said Lawrence had a well-crafted sign ordinance that has worked well for Lawrence over the years, but needed updating. She said the City was not going to allow a proliferation of signs that are not necessary. One possibility would be to identify signs that have a reason to be durational and thought that should include real estate signs as well as political signs. She said when looking at a category of temporary signs, limit temporary signs to three months out of the year unless a request is filed with the building inspector. She said she understood in terms of real estate that they may need extension, but that would be a way to limit the number of signs.
Francisco said the one comment that people have made was the opportunity not to take down signs between the primary and general election.
Commissioner Rundle said he wondered about being more inclusive as to having durational limits so the City was not regulating content. He suggested referring this issue to staff to take general comments from the public for feedback to whether that change would be defensible. If you take away the durational time limit completely, then there would be many temporary signs all year long.
Corliss said he was glad Francisco was at this Commission meeting because the City was looking for stakeholders that share the view of staff that the City has a good sign code and wanted to keep the aesthetic qualities that our sign code brings to our community active and if possible strengthen them within reasonable bounds. He said he would ask Francisco and others to participate in this process because it was clearly not the City’s intent to diminish the code. He said he has tried to vigorously enforce the sign code.
In regards to the temporary nature of signs, that will be one of the issues they will need to address comprehensively in the sign code review as far as treating all signs of a similar size and type and not of a content type a similar way. He said it was not the City’s intent to allow for a proliferation of temporary signs, unless there was no constitutional alternative. He said he concurred with Commissioner Rundle’s suggestion to look at the temporary nature of signs. He urged that the Commission go ahead with this repeal so the City did not have that challenge in the code. He suggested the City address temporary signs in a global fashion in the coming months.
Commissioner Rundle asked about the timeline for the sign code.
Corliss said there would be a meeting next week with the Sign Code Board of Appeals and the sign industry people to let them know about the business of reviewing the sign code. He said he would anticipate something within the remainder of this calendar year. It will take some time to get it right, but that is the City’s challenge.
Commissioner Rundle asked if it would be helpful to give direction if there is consensus among the Commission to focus on temporary signs to make it more inclusive.
Corliss said yes. One of the issues was people would want to liberalize the sign code and the City’s intent is to re-codify the code and deal with some of these changes in the law looking for areas of improvement.
Mayor Hack thanked Corliss for bringing this important issue to the City Commission’s attention. One of the things that made Lawrence a nice place is that there are no gleaming signs on wheels and appreciated the restrictions of the sign code. She said she appreciated Corliss’s comments about the potential for liability and the importance of following Constitutional restrictions. She said she would support the amendment to the sign ordinance.
Moved by Dunfield, seconded by Rundle, to place on first reading Ordinance No. 7543, amending the City Sign Code to remove the durational limit on political signs. Motion carried unanimously. (18)
During public comment, Pat Sinclair, Lawrence, said she wanted to make a few remarks concerning fireworks. She said she would reserve the majority of her remarks for next week’s City Commission meeting when the fireworks issue will be discussed.
Sinclair said she feels that in Lawrence this was an item that was not a question of “if” fireworks are banned, but a question of “when” and believed many people shared her opinion that this ban was well over due. She said this year was totally out of control in many ways worse than last year. There seemed to be no respect for the ordinance and no enforcement at all. She said the main point she wanted to make was if the City cannot enforce the ordinance now, which has restrictions to place, time, and items that could be used, how did the City expect to further restrict the ordinance and then still be able to enforce it. She said she was asking for a total ban and hoped that was what the Commission would consider rather than some sort of compromise that reduces the timeframe and maybe takes it down to include sparklers and firecrackers. She said she did not think this would be anymore enforceable than what we have now. The only way we can do this is to clean it up and not have any fireworks at all except in our grand public show.
As far as individual firecracker and sparklers, there are many hazards that are associated with those. She said she has researched these hazards and if the Commission needed input before next Tuesday’s meeting about safety issues concerned with these lesser items, she said she would be happy to provide or help find other resources for that information. She said if you type “sparkler bomb” on the Internet, you would find that little devilish minds have been at work and apparently are used in schools and terrorist type attacks like in Kansas City. She said they are very destructive and dangerous. Those little sparklers that she remembered from approximately 50 years ago are not just these little innocuous toys.
Another concern that the public was thinking about is how can we deal with this City/County issue. How can Lawrence have a ban and still have sales in the County. She said she suggested consulting with Ottawa where they really have this under control and yet, just outside of town, there are fireworks vendors just north of town on U.S. 59 Highway and probably other places outside of town, but they have a ban and it works. (19)
Moved by Rundle, seconded by Dunfield, to adjourn at 7:00 p.m. Motion carried unanimously.
APPROVED:
_____________________________
Sue Hack, Mayor
ATTEST:
___________________________________
Frank S. Reeb, City Clerk
COMMISSION MEETING JULY 9, 2002
1. Engineering Agreement – 2002 Waterline Improvement Projects to BG Consultants for $112,403.09
2. Ordinance No. 7537 – 1st Reading, Rezone (Z-02-06-02), 23.2827 acres, A-1 to PRD-1, N of Clinton Pkwy & W of Lake Alvamar.
3. Ordinance 7541 – 1st Reading, Annex (A-02-01-02) N of Clinton Pkwy & W of Lake Alvamar.
4. Ordinance No. 7542 – 2nd Reading, prohibit traffic control signs on private property which do not comply with the manual on Uniform Traffic Control Devices.
5. Resolution No. 6392 – public hearing, benefit district, Riverside Business Park sanitary sewer.
6. Site Plan – (SP-03-20-02) Morgan Mini-Storage, 1100 E 24th.
7. TUPR – (TUPR-06-37-02) fundraising event for Boys & Girls Club, 15th & Crestline, July 25, 2002, 5 – 11 p.m.
8. Final Plat – (PF-04-09-02) Park West, 130-lot single-family & multi-family residential subdivision, S of Wakarusa & E of Queens.
9. Final Plat – (PF-05-12-02) Oread Center, 13.13 acres, S of W 15th between Research Park & Wakarusa Dr.
10. Final Plat – (PF-05-13-02) Payne Subdivision, W of 9th between Elm & Locust St.
11. Final Plat – (PF-05-14-02) Polk Subdivision, 3.195 acres, NE corner of 11th & Haskell.
12. Final Plat – (PF-05-15-02) Kirk Welding Addition, 900 Blk of E 29th, W of Haskell.
13. Final Plat – (PF-05-17-02) 1901 Addition, SW corner of 19th & Mass.
14. Mortgage Release – 725 Locust, Curt Cunningham.
15. Bid set – August 6, 2002, Airport Improvement Project--Phase II.
16. Resolution No. 6388, order construction, 6th Street for W bound turn lane at Comet.
17. Partial Vacation – utility easement, Lot 1, Monterey No. 7 Addition. (Hy-Vee – 6th )
18. Sign Code – amendment to removed durational limit on political signs.
19. Public Comment – Fireworks