August 20, 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, Henry, Kennedy, and Rundle present.
Erv Hodges, member of the Douglas County Memorial of Honor Foundation, provided an update on the building of a memorial for those Douglas County citizens who died in the service of their Country or community including Police and Fire personnel. He said after the Commission gave approval for this project, the Memorial Foundation applied for, and has received, federal tax-exempt status.
He presented a model of the memorial that would be at the Visitor’s Center. Hodges said a fund drive is underway. He said he was pleased to report to the Commission that they were positive that the memorial would be completed and fully funded by the contributions of the citizens of Lawrence and Douglas County. The memorial foundation had received cash and pledges for 75% of the cost of the sculpture and the computer installation. They would continue fund raising until completion of the project. Hodges said if any resident wanted to contribute to call him or send contributions to the foundation at P.O. Box 123, Lawrence, KS, 66044. Any funds that exceed the cost of the memorial will be placed in an Endowment and given to the City of Lawrence for the maintenance of the memorial. He said funding the maintenance of this memorial was in their budget.
The artist, Jim Brothers, will begin the sculpture in January 2003 and it would take approximately one year. In January 2004, they would begin the installation at the Visitor’s Center. The dedication of the memorial to the City would take place on July 4, 2004, the City’s Sesquicentennial year.
He said they are welcoming contributions and also skilled laborers such as electricians, and concrete finishers who may be able to help the foundation as they begin the installation of the sculpture. He said the memorial foundation believes this is a community project that where everyone can participate.
As part of the consent agenda, it was moved by Kennedy, seconded by Rundle, to approve the City Commission meeting minutes of August 13, 2002. Motion carried unanimously.
As part of the consent agenda, it was moved by Kennedy, seconded by Rundle, to approve the Grant Review Board meeting minutes of March 11, 2002; the Public Health Board meeting minutes of June 17, 2002; and, the Parks & Recreation Advisory Board meeting minutes of July 9, 2002. Motion carried unanimously.
As part of the consent agenda, it was moved by Kennedy, seconded by Rundle, toapprove claims to 985 vendors in the amount of $948,705.21. Motion carried unanimously.
As part of the consent agenda, it was moved by Kennedy, seconded by Rundle, to approvethe Drinking Establishment Licenses for Applebee’s Neighborhood Grill & Bar, 3900 West 6th Street, Brandon Woods, 1501 Inverness, Molly McGee’s, 2429 Iowa Street (Contingent Upon State License), Plum Tree, 2620 Iowa Street, Holidome, 200 McDonald Drive (Contingent Upon State License); the Retail Liquor Licenses for Danny’s Retail Liquor, 1910 Haskell Avenue No. 3, Wehner Retail Liquor, 945 East 23rd Street, Myers Retail Liquor, 902 West 23rd Street; the Caterer License for Jayhawk Catering, Inc., 2223 Haskell Avenue, No. D34; and the Taxicab License for Faith Transportation, 1506 Greenway Drive, Apt C, Eudora, Kansas. Motion carried unanimously.
As part of the consent agenda, it was moved by Kennedy, seconded by Rundle, to set a bid opening date of September 10, 2002, for the Neighborhood Resources Comprehensive Rehabilitation Projects at 325 Clayton Court, 240 Pleasant Street, and 1621 St. Andrews Drive.
As part of the consent agenda, it was moved by Kennedy, seconded by Rundle, to place on first reading Ordinance No. 7565, allowing the temporary sale of alcoholic beverages on September 14, 2002 at South Park for the Second Annual “Oompahfest”, sponsored by Immanuel Lutheran Church. Motion carried unanimously. (1)
Ordinance No. 7567, removing the “no parking” restriction within the cul-de-sac on 22nd Court north of 22nd Street, was read a second time. As part of the consent agenda, it was moved by Kennedy, seconded by Rundle, 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 Rundle, to adopt Resolution No. 6411, establishing September 10, 2002 as the date for the sale of approximately $11,935,000 in temporary notes; $1,005,000 in temporary notes (airport improvements); and, $1,205,000 in general obligation bonds. Motion carried unanimously. (8)
As part of the consent agenda, it was moved by Kennedy, seconded by Rundle, to approve the site plan (SP-07-50-02) for interior and exterior improvements to Bullwinkle’s Bar, located at 1344 Tennessee Street, subject to the following conditions:
1. A site plan performance agreement be executed; (Per Section 20-1433);
2. Provision of a note referencing the approved Historic Design Review File (DR-08-50-02); and
3. Provide a graphic scale on the plan.
Motion carried unanimously. (9)
As part of the consent agenda, it was moved by Kennedy, seconded by Rundle, to approve the site plan (SP-07-47-02) for a Driveway addition for First Baptist Church located at 4300 West 6th Street, subject to the following conditions:
1. Execution of a Site Plan Performance Agreement;
2. Public Improvement Plans for the street extension must be submitted to and approved by Public Works before the site plan is released; and,
3. Removal of Note No. 1 that says the site is exempt from landscaping requirements.
Motion carried unanimously. (10)
As part of the consent agenda, it was moved by Kennedy, seconded by Rundle, to concur with the Planning Commission recommendations to adopt the findings of fact and approve the UPR (UPR-06-04-02) for a Use Permitted Upon Review Request for Meadowlark Village, a proposed retirement community consisting of independent living, assisted living, Alzheimer’s units, and support areas to be located on seven acres on the north side of 24th Place, east of Inverness Drive, subject to the following conditions:
1. Revise the UPR Site Plan to include the following items:
a. Label all storm sewer structures “per City Std details” on sheet PRD-1;
b. Label the size, length and flow lines of all storm sewer pipes on sheet PRD-1.
c. Label the size and elevation of all storm sewer structures (inlets and junction boxes) on sheet PRD-1;
d. Show location of stop signs at exits onto 24th Place;
e. Show sidewalks adjacent to both entrances to 24th Place and construct ramps on south side of street for pedestrian use;
f. Proper screening around trash compactor;
g. Reduction of driveway width to meet 30’ maximum;
h. Show sidewalk along western side of entrance to connect 24th place sidewalk with interior sidewalks;
i. Revision of project name to eliminate potential confusion with the Meadowlark subdivision located in southeast Lawrence;
j. Additional information to support ‘required parking’ numbers shown on the face of the plan;
2. Submission and approval of stormwater pollution prevention plan (SWP3) for this project;
3. Provision of a temporary construction easement for additional grading on adjacent property;
4. Submission and approval of a photometric plan;
5. Submit Public Improvement Plans for Storm Sewer Improvements to the Public Works Department prior to release of the site plan for construction;
6. Filing of a final plat for this property at the Register of Deeds office prior to release of site plan for issuance of permits; and,
7. Execution of a Site Plan Performance Agreement prior to release of this plan to Neighborhood Resources.
Motion carried unanimously. (11)
As part of the consent agenda, it was moved by Kennedy, seconded by Rundle, to concur with the Planning Commission recommendations to adopt the findings of fact and approve the UPR (UPR-06-03-02) for placement of a Sprint generator, to be located at 200 Perry Street, subject to the following conditions:
1. Provision of the following on a revised plan:
a. Screening shrubs/trees around the generator unity;
b. Legal description;
c. Topographical lines;
d. Dimensions of the property;
e. North arrow on all sheets
f. Arrows showing stormwater drainage direction;
2. Provide a letter of permission from property owner for use of the property;
3. Provide access to the structure with surfacing to City of Lawrence standards;
4. Revise the orientation of the structure so the door opening is toward the rear of the lot (north); and
5. Request a variance for the setback reduction from the Board of Zoning Appeals per the Historic Resources Commission direction. If variance approved by the BZA, provide a revised site plan to the Planning Office.
Motion carried unanimously. (12)
As part of the consent agenda, it was moved by Kennedy, seconded by Rundle, to concur with the Planning Commission’s recommendation to approve a Preliminary Development Plan (PDP-06-04-02) for a single-family duplex retirement community containing 68 dwelling units, to be located on 12.55 acres on the south side of 24th Place east of Inverness Drive. The plan proposes 54 single-family houses and 14 duplex units on 12.55 acres, subject to the following conditions:
1. Submission of a revised development plan that includes:
a.Structure setback to provide 20’ minimum driveway lengths as required in Section 20-1007(E)(1);
b.A revised note on the face of the development plan for the driveway detail that states “Driveways provided to residential structures shall provide a minimum setback of 20’ from the street or sidewalk (if one exists) per section 20-1007(E)(1)”;
c.All additional utility easements with Book & Page references indicating where they are filed;
d.A note on the face of the plan that specifies the required and provided open space calculations;
e. Identification of areas that are considered common open space;
f. Additional utility easements as necessary to provide service as requested by Westar and Southwestern Bell;
g. Provision of 15’ utility easement for sanitary sewer between proposed Lots 7 & 8 and relocation of structures to accommodate this easement location;
h. Revised project and street name to eliminate conflict with existing Meadowlark subdivision in the southeast part of Lawrence;
i. Pedestrian easements and sidewalks between Lots 19 & 20 and Lots 32 & 33 connecting this development with the sidewalks along Inverness Drive and 24th Place respectively;
j. Pedestrian easements on the south side of this property in at least two locations to connect with the existing pedestrian easement running along the south part of the property;
k. Approximate dimensions of proposed lots as required by Section 21-301.3(c);
l. A note indicating this is a single-phase development and that all public improvements and private streets will be installed concurrently and that all public and private improvements should be in place prior to occupancy of any constructed dwelling units;
m. Reduction of the driveway throat to meet maximum 30-foot width;
n. Indicate sanitary sewer services lines to building;
o. Sidewalk along western side of entrance to connect 24th Place sidewalk with interior sidewalks;
p. One ADA parking space at each of the two common parking areas (at least one of the spaces must be van accessible;
q. Street trees @ 1 for every 40’, not 50’ as shown;
r. Show 1 tree per dwelling unit;
s. Location of air conditioners and screening;
t. Revised landscaping materials as recommended by Parks & Rec; and,
u. Interior sidewalks located 3’ from the back of the curb of interior streets.
2. Provision of revised plan to adequately address these stormwater engineering comments:
a. All storm sewers bust be constructed as public improvements;
b. Drainage easements must be provided for all storm sewers;
c. Public improvement plans for the storm drainage system must be submitted to the Public Works Department for review prior to release of the plan to the building inspector;
d. Per City Code Section 9-903 (B), a Stormwater Pollution Prevention Plan (SWP3) must be provided for this project. Two copies must be submitted to the Stormwater Engineer for approval, and this project will not be released for building permits until a SWP3 is approved. Construction activity, including soil disturbance or removal of vegetation shall not commence until an approval SWP3 has been obtained;
e. The development plan shows lowered grades in the pedestrian easement along the south boundary. The existing grades where established with the channel improvement project and cannot be lowered; and,
f. Discharge points have been predetermined and were constructed with the channel project. Grade site to drain to the discharge point on Lot 2. Do not create additional discharge points;
3. Provide addressing scheme for development that can be filed for approval with the plan;
4. Approval of the side yard setback waive as requested or revision of the plan to meet the 10-foot setback requirement.
Motion carried unanimously. (13)
As part of the consent agenda, it was moved by Kennedy, seconded by Rundle, to concur with the Planning Commission’s recommendations to approve the Final Plat (PF-06-18-02) for Westwood Hills 3rd Plat, a residential and commercial subdivision containing 90 single-family lots, one PRD (Planned Residential Development) lot, and one PCD (Planned Commercial Development) lot, the property is generally described as being located at the southeast corner of East 1000 Road (Queens Road) and North 1700 Road, and accept the dedication of easements and rights-of-way subject to the following conditions:
1. Execution of a Temporary Utility Agreement;
2. Submission and approval of a Master Street Tree Plan;
3. Provision of a note stating, “Prior to any subsequent division of the subject property, the developer/owner will work with private utility companies to identify possible additional necessary utility easements. In the event that additional easements are warranted, these easements will be recorded via separate instrument with County Register of Deeds;
4. Provision of a note stating, “No access to Eisenhower Drive from Lot 1, Block 1”;
5. Provision of a 20” utility easement east from Lot 3, Block 3 across Carver to Lot 1, Block 2;
6. Provide an outlet path in the drainage easement on Tract A. The proposed detention design crosses the area now shown as KPL easement. Provide the outlet in a drainage easement;
7. Remove the stray lines along the south edge of Tract A;
8. Provide and outlet path in the drainage easement on Tract B. The proposed detention design crosses the area now shown as SWB easement and UE. Provide the outlet in a drainage easement;
9. Eliminate the drainage easement at the corner of Wakarusa and Eisenhower;
10. Provide the drainage easement at the corner of Wakarusa and Eisenhower;
11. Provide bearings and distances for all of the15’ drainage and utility easements crossing Lot 2, Block One; and,
12. Provision of a note stating, “The north 500’ of this property shall be restricted. Uses to be restricted to single-family detached units.”
Motion carried unanimously. (14)
As part of the consent agenda, it was moved by Kennedy, seconded by Rundle, concur with the Planning Commission’s recommendations to adopt the findings of fact and approve the request for rezoning (Z-05-16-02) of approximately 1.94 acres from C-4 (General Commercial Overlay District), RS-1 (Single-Family Residence District), and M-1A (Light Industrial District) to RM-2 (Multiple-Family Residence District); and, direct staff to prepare the appropriate ordinance. The property is generally described as being located at 1549 East 23rd Street. Motion carried unanimously (15)
As part of the consent agenda, it was moved by Kennedy, seconded by Rundle, to concur with the Planning Commission’s recommendation to approve a text amendment (TA-05-01-02) to Sections 20-1441 & 20-1448 of the Zoning Ordinance regarding inclusion of athletic clubs in Private Recreational Facility description. Motion carried unanimously. (16)
As part of the consent agenda, it was moved by Kennedy, seconded by Rundle, to defer the annexation (A-08-08-02) request of approximately 2.7 acres North of Riverridge Road and east of North Iowa Street. Motion carried unanimously. (17)
As part of the consent agenda, it was moved by Kennedy, seconded by Rundle, to approve a right-of-way license agreement prepared by City staff and executed by Andrew Driscoll, property owner of record –401 Maine. The property owner desires to construct a wooden fence within the right-of-way along Fourth Street and Maine Street. The City Engineer and planning staff recommends allowing the request pursuant to the license agreement. Motion carried unanimously. (18)
As part of the consent agenda, it was moved by Kennedy, seconded by Rundle, to approve additional funding (estimated at $68,445) for the City’s 10% share of Phase II of the Airport Improvement Project. Motion carried unanimously. (19)
Ordinance No. 7566, establishing “no parking” Monday-Friday, 8 a.m. – 4 p.m. on both sides of Pinewood Drive between Michigan and Minnesota Streets was pulled from the consent agenda for discussion.
Mary Fairburn, a resident on Pinewood Drive, presented the Commission with a written request that this ordinance be deferred. She also requested that the City Commission direct staff to review the UPR for the Children’s Learning Center.
Mayor Hack said the Commission had received an email from John Brothers, resident on Pinewood Drive, expressing the same concerns.
Fairburn said there are parking problems in the area and presented the Commission with pictures depicting those problems. The cars were from the Children’s Learning Center and not from the residents. She said she had talked to the residents and they would like to keep their parking on the street because most of the houses in the area are one-car driveways. She said if parking were removed, employees of the center would need to park on Pin Oak or North Michigan. She said this parking problem is being shifted and would not be resolved.
She said residents called the Children’s Learning Center in recent years concerning these parking problems and the response was that this was a public street; therefore, vehicles could park on that street.
She said she had called the Center to inform them not to block the fire hydrants, her driveway or the street with vendor trucks. Other problems were trash from the Learning Center’s dumpster and cars being hit while parked. She asked the Commission to defer the parking ordinance and consent to a review of the UPR. She said if this ordinance passes, a resident would like “no parking” from 8:00 a.m. – 6:00 p.m., because this is when the center closes and the 4:00 p.m. – 6 p.m. is their heaviest traffic time.
Commissioner Henry said one member of the Traffic Safety Commission recommended parking only on one side of the street as a possible solution. He asked Fairburn if she had any idea how the residents would react to this proposal.
Fairburn said she was not certain that one side could maintain all the employees vehicles at Children’s Learning Center, but it was a possibility.
Commissioner Henry said he had some concern about access for fire trucks, but with parking on one side, fire trucks would have that access.
Sheila Stogsdill, Planner, said if the Commission would like staff to review this issue and bring back a report back, there is a provision in the code that allows that special uses are subject to review.
Mayor Hack asked if there had been a request for a review before on this particular matter.
Sandra Day, Planner, said the request had been related to inquiries into violations and whether or not there was compliance. At that time, Mayor John Nalbandian, had contact with Gayle Davis, Director of the Children’s Learning Center in 1993. What staff heard, both Neighborhood Resources and the Planning Department, was that things get resolved for a week or two and then the behavior pattern returns. A comprehensive review or public review had not been addressed.
Mike Wildgen, City Manager, said the City Commission would need to direct staff to notify the property owner that the Commission has asked for a review at the staff level. Staff would then come back to the City Commission with a report.
Commissioner Kennedy said North Michigan Street is going to be improved and parking is going to be terrible for a while, but these improvements would make the street safer to be traveled. He said he would encourage the Children’s Learning Center to look into negotiating a parking agreement with the Church of Christ because their parking lot is empty throughout the day and an agreement could help alleviate parking problems in that area.
Commissioner Rundle said good neighborhood practices would help a lot. He asked whether the staff report would include recommendations when it came back to the Commission.
Stogsdill said staff would probably recommend a public hearing or perhaps add a condition depending on what staff found. She said staff would want to visit with the property owner to figure out solutions to this issue.
It was moved by Rundle, seconded by Dunfield, to direct staff to review the UPR for the Children's Learning Center and deferred Ordinance 7566 for an indefinite period of time. Motion carried unanimously. (20)
Site plan (SP-07-48-02), a one-story warehouse for Lawrence Decorating Service located at 1400 North 3rd Street, was pulled from the consent agenda for discussion.
Alan Mackey, Landplan Engineering, said the applicant is in agreement with staff’s recommendations with the exception of Condition 1(e), which was the construction of 6’ sidewalk along Hwy 59. He said the applicant wishes to enter into an agreement not-to-protest a benefit district for street and sidewalk improvements which is the same condition on the property north of this site that they agreed to under the same ownership. This site plan for the north lot was approved last month with the condition of an agreement not-to-protest a benefit district and would request that it be the same condition on this site also.
Mark Wilson, Planner, said the site Mackey was referring to was not a significant alteration and therefore only required a not-to-protest a benefit district agreement. In this case, there is a significant improvement to the site so staff is requesting the construction of the sidewalk along with the construction of the rest of the site plan proposal. He said this condition is consistent with the property directly to the south.
Mackey said the owner of the north property has agreed to an agreement not-to-protest a benefit district. That agreement has been filed with the site plan to the north and the applicant was only asking that the same condition be placed on this site to the south.
Commissioner Henry said he was comfortable with deferring this issue for a week so that he is better prepared to make a decision.
It was moved by Henry, seconded by Dunfield, to defer SP-07-48-02, for one week. (21)
At the request of the applicant, the site plan (SP-04-27-02) for commercial retail space, located at 1519 West 23rd Street was pulled from the consent agenda and deferred for one week.
(22)
During the City Manager’s report, Mike Wildgen reported that the fiscal year 2003 HUD allocations would most likely be decreased by approximately 10%.
Wildgen also reported that KDOT was accepting bids for the North Michigan, Riverridge to West 2nd Street Project next month. Also, bids would be accepted for the additional capacity on 23rd Street near the East Hills Business Park access point. These projects should be started this fall. The North Michigan Project would not be completed until late next year.
During the City Manager’s Report, Bryan Dyer, Planner, presented a memo to the City Commission discussing residential development and floodplain that has occurred in North Lawrence per Commissioner Kennedy’s request. He presented a map of North Lawrence, specifically the area between 5th and 8th Streets and also Lincoln and North Streets. He said this is the area that residential development has occurred for the year 2000 to present. A large portion of the area that has been redeveloped is in the 1981 floodplain area. In the year 2000, there were 3 building permits that were pulled because they required floodplain development permits. In the year 2001, there were quite a few more permits pulled, due to a large amount of subdivision in this area.
Dyer said the proposed overlay district was the FEMA floodplain plus two additional foot of freeboard. In the memo, staff talked about a number of lots that did not occur because they would have required a hydrologic and hydraulic study to demonstrate by developing those lots, they wouldn’t be adversely impacting their neighbors. He said the majority of these new lots would have fallen underneath that requirement.
Dyer also referenced the Bismark Addition which is the area north of Lake Street and indicated there were originally 10 platted lots and now there are 48 lots. He also referenced Sydney Addition which went from one platted developed lot to 19 lots.
Commissioner Kennedy asked if the 1981 FEMA regulations for developing in the floodplain were subject to change for 2002.
Dyer said the governing body in November 2001 adopted the new floodplain maps and regulations. He said those floodplain regulations were similar to the 1981 floodplain regulations. The floodplain regulations before the Planning Commission are different and more restrictive.
Commissioner Kennedy asked whether building permits for lots in this area could be pulled right now.
Dyer said these lots are platted and would only need to pull floodplain development permits which is a permit that states the elevation to build the structure. The majority of these lots have floodplain development permits.
Commissioner Kennedy asked, with the development of most of these lots, were these lots out of the floodplain.
Dyer said “no.” He said there were a number of structures that were built that did not require floodplain permits because they were built prior to the adoption of the 2001 FEMA maps. With the adoption of the 2001 FEMA maps, they are now in the floodplain. He said the elevation of the floodplain for this area in 1981 was 820 feet. Now the floodplain in this area is at 822 feet. Dyer said the requirement to do a hydrologic or hydraulic study for these lots may not have precluded them from being platted, but it would have made them demonstrate that their development would not adversely impact the remaining area.
Commissioner Kennedy said it appeared that the Bismarck area had much larger lots than the Sydney Addition.
Dyer said “yes.” The Bismarck lots are 132’ wide and the Sydney Addition was on large lot.
Commissioner Henry asked if there was construction going on in the Sydney Addition.
Dyer said “yes.” He said they all have floodplain development permits.
Commissioner Kennedy asked if the elevation would be at 824 feet.
Dyer said “yes.” He said he believed they all pulled permits based on the 2001 FEMA maps. (23)
Mayor Hack asked for public comment on the proposed site plan for Pi Beta Phi Sorority parking lot expansion, located at 1612 West 15th Street.
Larry Winn, attorney for the applicant, said he and other representatives of the applicant were there to answer any questions the public or Commission might have.
Commissioner Kennedy said, with the information the Commission had received, it has helped to analyze what the City was facing with the addition of the parking lot to the rear of this building. Staff’s recommendation was to require easements to the front in case the City decided to improve 15th Street. He said he favored the Planning Commission’s recommendations on approval of this site plan, along with information from the University concerning traffic studies on 15th Street. He was in favor of approval.
Mayor Hack asked if the Commission was to approve the site plan, would that be with the variance that was provided by the Planning Commission.
Stogsdill said the variance was granted on the Preliminary Plat. The site plan has a condition that the final plat be filed before the site plan is released.
Day said the site plan does not dedicate easement or rights-of-way. This is done by the final plat. She said staff had an on-going discussion concerning that plat. There has been a request by Utilities to provide an additional easement along 15th Street for services in terms of where we go with that recommendation as an utility/pedestrian easement.
Commissioner Rundle asked whether staff’s original recommendation was to condition the site plan on the plat.
Day said the site plan has always been conditioned on approval and recording of the final plat. The natural order of the development process would be to annex, zone, plat and then the development plan.
Commissioner Rundle asked if staff didn’t condition the site plan with dedication of right-of-way.
Day said staff had dealt with those in instances where there has been a need where it has to be dedicated by separate instrument. In this case, it is more difficult because the Planning Commission has acted on the Preliminary Plat, which does not come before the City Commission but the Final Plat does. She said she thought that was where some of the difficulty was in terms of if you were to consider this without the plat element. If platting were not required, and it was later determined that additional right-of-way would be needed, whether or not we would be at the same point, recommending that prior to approval additional right-of-way would be dedicated by separate instrument and that was where they were at right now.
Vice Mayor Dunfield said as he looked at this site plan, the staff report contains discussion of this question of the 10’ of additional right-of-way and also contains the information that the Planning Commission approved the Preliminary Plat without that 10’ of right-of-way which means that they will see a final plat which does not contain that right-of-way, unless we suggest otherwise. He said this might be the appropriate time to make that kind of statement, if we wanted to make a statement, in order to help keep the process moving and not have a plat come back that the Commission would reject and have to send back again.
Commissioner Rundle asked if normally platting would come first.
Day said “yes.”
Commissioner Henry said in view of the 2 letters and the interest in the University maintaining the lot in its narrow state rather than a widened state, he said he could support not requiring the additional 10‘ of right-of-way.
Commissioner Rundle said staff was trying to look to the future. We are a growing community and staff was trying to secure the right-of-way that we might need.
Mayor Hack said what we are looking was at was whether or not to approve the site plan and then the final plat would come back to the Commission after the Planning Commission.
Winn said he did not see any point in playing procedural hopscotch. He said the Commission was either going to insist on the 10 feet or not. There is no point in passing the buck today only to come back and deal with it at the platting process. He said they did not intend to get into the details, but it strikes him after reading the two letters and looking at a half a dozen traffic studies that have been conducted on this section of 15th Street, that there is not one of them that has suggested the widening of 15th Street substantially east of Engel. He said it would seem to make a lot of common sense that the City and University get together and talk about the Horizon 2020 Plan because he is not sure what the point of painting this as a collector street on some future road map is from a University perspective. He said you have people in the traffic expertise area that maybe aren’t communicating. From the perspective of the Pi Beta Phi Sorority, he did not want to have to come up again and do the same thing and have that issue looming over their heads because it did not seem to make sense from a public safety standpoint. Procedurally, he strongly suggested that however the Commission decides, we might as well get the 10’ issue decided that way their plat would be consistent.
Commissioner Rundle said it’s one thing to have as a student project, to look at a street, but the campus is growing and adding buildings all the time. He said he understood that we have some strong opinions that say, “we don’t need this street width”, but he said between now and the hearing, he would like to get any additional information that can help the Commission make an informed decision on that right-of-way. The University development doesn’t necessarily follow all of our City codes because we’ve made it our practice not to impose that upon them, but there are consequences to building. He said the City has been supportive in trying to provide these services whether it involves streets, fire, or water, so the University can thrive along with us because it is a mutually beneficial relationship. He said he did not want to close the door on this, if there is additional information that might lead the Commission to have second thoughts about this issue. He said he would like to keep this open for any additional information that might come between now and the planning process.
Warren Corman, University of Kansas Architect, said he had been around the University since 1946 and was familiar with the University. He said he would agree with Commissioner Rundle if it was only student studies, not that student are not important because we all have been students at one time. The important factor is that the University in 1995 spent a lot of money hiring the best traffic engineering firm in the United States to make a study. The engineering firm made a complete study except at the intersection of Engel. He said he thought a copy of the study was distributed to the Commission at that time that showed the drawings and also showed narrowing the street because of safety issues. He said this was done by experts, not students. Corman said the University also had a nationally recognized expert that has been studying the issue and gives University free advice and has the same conclusion that even though it may be a collector street in the 2002 plan, once you get east of Engel, there is a problem with fast driving students. He said the University is trying to make it safe.
Corman said the median that the City helped install at Engel has helped with pedestrian safety. He said he thought no matter what happens to the University as far as parking and traffic, we had better come up with a solution. He said he wanted to point out that there are some sharp students in Civil Engineering and they were led by a professor who was a national expert along with the traffic-engineering firm that was hired and they came to the same conclusion in their traffic study.
Commissioner Rundle said he appreciated everyone coming down to talk about this issue. It was helpful to have this information. He said he did not like to be given information late in the day to make rush decisions and if staff has any other information he wanted to here it.
Mayor Hack said it seems to her that the Commission wants to look at whether to approve the site plan. She said she did not know if they wanted to include in that a recommendation to not require the 10’ of right of way or not.
Commissioner Henry said there was a suggestion last week that the Commission could look at a 10’ utility easement rather than a 10’ right-of-way and this could be a possibility.
Mayor Hack said this is an unusual situation and retrofitting is hard. She said she would not want to see 15th Street become wide enough to accommodate four lanes of traffic. She said she thought that was a disaster waiting to happen. Hack said we love having our K.U. students here, but with the speed in which they navigate, which includes citizens too, it was not safe. She said she would prefer not to require the 10’ of right-of-way because she did not see that it would be necessary.
Vice Mayor Dunfield said, being the person that pulled this issue and stirred up this pot to start with, he would like to comment. He said we don’t have a crystal ball that lets us know what the future will hold and that is why we have subdivision regulations that call for things like providing for rights-of-way of a given size on streets of a given classification. In terms of setting a precedent and being consistent with our subdivision regulations, all of that argues for the 10’ right of way. He said he agreed with the University that, at this time, there doesn’t appear to be a need to widen the road. He said everything we can see now tells us that widening that road is not a good thing to do, but our crystal ball is not always clear and that’s why we have regulations and why we try to apply them consistently.
He said again, he did not want to make this a huge issue because he did agree with the University’s position on this issue and he could not see a condition that would require us to turn that stretch of 15th Street into a wider, faster, less pedestrian friendly environment. He said with that, he was willing to approve the site plan as it stands and move on.
Commissioner Rundle said since the plat is where we would get rights-of-way; the Commission will obviously have a second chance to think about that. The right-of-way may not necessarily be for pedestrian facilities, but he was hoping staff could provide the Commission with any vision or reaction to this between now and the planning process. He said he was willing to let this project move forward so they can get their additional parking.
Moved by Dunfield, seconded by Kennedy, to approve the site plan (SP-06-45-02) for Pi Beta Phi Sorority parking lot expansion, located at 1612 West 15th Street, subject to the following conditions:
1. Execution of a Site Plan Performance Agreement;
2. Publication of the zoning ordinance prior to release of the site plan for issuance of a building permit;
3. Recording of the final plat with the Register of Deeds Office prior to release of the site plan for issuance of a building permit; and,
4. Submission of public improvement plans for the storm drainage system for review to release of the site plan for issuance of a building permit.
Motion carried unanimously.
During Commission Items, Commissioner Rundle said there is going to be a draft protocol for the use and dissemination of the 2002 Employee Survey results on the agenda next week. He said there has been considerable staff time in committing to develop the actual survey and protocols. Staff has devoted not only a lot of time and effort to those committee meetings which includes efforts to educate the rest of our City staff to this project for potential concerns. He said he wanted to thank Frank Reeb, Administrative Service Director; Debbie Van Saun, Assistant City Manager; Lori Carnahan, Personnel Manager, Tammy Bennett, Management Analyst, Public Works; Craig Pruett, Field Supervisor, Solid Waste; Kathy Elkins, Fire Lieutenant; Darren Othick, Police Officer, and Lisa Patterson, Communications Coordinator, for their time and commitment and it has been a pleasure to work with all of them and they inspired a great deal of confidence on his part. Commissioner Rundle said the homework assignment for City staff next week was that contributions by staff have been accompanied by repeated concerns voiced by Assistant City Manager, Debbie Van Saun and others on the committee, that this effort be responsive to Commission goals and has tried to represent the Commission’s view, but obviously other Commissioners may have additional questions and concerns. He asked that the Commission read the draft and get questions and concerns to Frank Reeb or Debbie Van Saun as soon as possible then we would be prepared to address these concerns and questions next week.
Mayor Hack asked the Commission to look at the goals statement and make comments to bring back next week. The statements came from the comments that we made at our goal setting session. If the comments meet everyone’s approval then they would move on to the next step which was defining the objectives under each one with the departments to make sure they all go into the City Commission’s goals.
Mayor Hack said the Commission had gotten information about Folks Road, depending on the length of the agenda, maybe the Commission could have a study session after the regular meeting to discuss Folks Road to give direction to staff as what the Commission wanted to see in terms of how that will proceed.
Moved by Henry, seconded by Kennedy, to adjourn at 7:40 p.m. Motion carried unanimously.
APPROVED:
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Sue Hack, Mayor
ATTEST:
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Frank S. Reeb, City Clerk
1. Ordinance No. 7565 – 1st reading, Temp sale of alcoholic beverages, Sept 14, 2002, S Park “Oompahfest”, Immanuel Lutheran Church.
2. Ordinance No. 7567 – 2nd Reading, Remove “no parking” within cul-de-sac on 22nd Ct., N of 22nd.
3. Resolution No. 6406, order public hearing, Oct 1, 2002, 16th Street from Wakarusa to Research Park Dr.
4. Resolution No. 6407 – order public hearing, Oct 1, 2002, Research Park from 15th S approximately 920’.
5. Resolution No. 6408 – order public hearing, Oct 1, 2002, Oread W No. 8.
6. Resolution No. 6409 – order public hearing, Oct 1, 2002, 6th at Comet Ln. W bound turn lane.
7. Resolution No. 6410 – order public hearing, Oct 8, 2002, discuss unsafe structure at 1032 New York.
8. Resolution No. 6411 – GOB/Temp Note Sale, Sept 10, 2002, $11,935,000 in Temp Notes & $1,005,000 Temp Notes (airport) & $1,205,000 GOB.
9. Site Plan (SP-07-50-02), Bullwinkle’s Bar, 1344 Tenn.
10. Site Plan (SP-07-47-02), Driveway addition, 1st Baptist Church, 4300 W 6th.
11. Use Permitted Upon Review (UPR-06-04-02) Meadowlark Village, 7 acres on N side of 24th Pl, E of Inverness.
12. Use Permitted Upon Review (UPR-06-03-02), Sprint generator, 200 Perry.
13. Preliminary Development Plan (PDP-06-04-02), Single-family retirement community, 68 dwelling, 12.55 acres, S side of 24th Pl, E of Inverness.
14. Final Plat (PF-06-18-02) Westwood Hills 3rd Plat, 90 single-family lots, 1 PRD lot & 1 PCD lot, SE corner of 1000 Rd (Queens) & N 1700 Rd.
15. Rezone (Z-05-16-02) 1.94 acres, C-4, RS-1 & M-1A to RM-2, 1549 E 23rd.
16. Text Amendment (TA-05-01-02), Sections 20-1441 & 20-1448, Zoning Ordinance, inclusion of athletic clubs in Private Recreational Facilities description.
17. Annex (A-08-08-02) 2.7 acres, N of Riverridge & E of N. Iowa. (Deferred)
18. R-O-W license Agreement – Driscoll, 401 Maine, construct wooden fence within R-O-W
19. Airport – Additional Funding, $68,445, City’s 10% of Phase II of Airport Improvement Project.
20. Ordinance No. 7566 – Defer indefinitely, “No parking”, Mon-Fri, 8 am – 4 pm, both sides of Pinewood between Michigan & Minnesota.
21. Site plan (SP-07-48-02), Defer for 1 week, 1 story warehouse, Lawrence Decorating Svc, 1400 N 3rd.
22. Site Plan (SP-04-27-02), Defer for 1 week, Commercial retail space, 1519 W 23rd.
23. City Manager Report – 2003 HUD allocations, N Mich Project & Floodplain in N Lawrence
24. Site Plan – (SP-06-45-02) Pi Beta Phi Sorority, 1612 W 15th.