October 9, 2007
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 members Amyx, Dever, Chestnut and Highberger present.
RECOGNITION/PROCLAMATIO/PRESENTATION:
Mayor Hack recognized Weavers Department Store’s 150th Anniversary.
With Commission approval, Mayor Hack proclaimed October 12, 13, and 14, 2007 as “Knights of Columbus Helping People with Intellectual Disabilities Days”; and proclaimed the month of October 2007 as “National Community Planning Month.”
CONSENT AGENDA
As part of the consent agenda, it was moved by Highberger, seconded by Amyx, to approve the City Commission meeting minutes of September 25, 2007. Motion carried unanimously.
As part of the consent agenda, it was moved by Highberger, seconded by Amyx, to receive the Sister Cities Advisory Board meeting minutes of July 11, 2007 and August 8, 2007; and the Arts Commission meeting minutes of August 15, 2007. Motion carried unanimously.
As part of the consent agenda, it was moved by Highberger, seconded by Amyx, to approve claims to 503 vendors in the amount of $17,812,153.80. Motion carried unanimously.
As part of the consent agenda, it was moved by Highberger, seconded by Amyx, to approve the Drinking Establishment License for Tortas Jalisco, 534 Frontier Road. Motion carried unanimously.
The City Commission reviewed the bids for two carbon feed pumps for the Utilities Department. The bid was:
BIDDER BID AMOUNT
Watson Marlow Pumps, Inc. $22,000.00
As part of the consent agenda, it was moved by Highberger, seconded by Amyx, to award the sole bid to Watson Marlow Pumps, Inc., in the amount of $22,000.00. Motion carried unanimously. (1)
The City Commission reviewed the bids for the Master Street Tree Program for the Parks and Recreation Department. The bids were:
BIDDER BID AMOUNT
Arbor Masters $44,642.00
Rosehill Gardens $47,645.00
Sand Creek Nursery $49,669.75
As part of the consent agenda, it was moved by Highberger, seconded by Amyx, to award the bid to Sand Creek Nursery, in the amount of $49,669.75 because Rosehill Nursery did not submit required documents of attend the mandatory pre-bid meeting and Arbor Masters did not attend the mandatory pre-bid meeting. Motion carried unanimously. (2)
As part of the consent agenda, it was moved by Highberger, seconded by Amyx, to set a bid date of October 30, 2007 for 25th Street Terrace, O’Connell Road to Franklin Road, Street Storm Sewer, and Waterline Improvements. Motion carried unanimously. (3)
As part of the consent agenda, it was moved by Highberger, seconded by Amyx, to set a bid date of October 23, 2007 for the 2007 Sidewalk Gap Program, Phase 1. Motion carried unanimously. (4)
As part of the consent agenda, it was moved by Highberger, seconded by Amyx, to set a bid date of October 23, 2007 for the construction of an equipment storage building at the City’s Wastewater Treatment Plant (WWTP). Motion carried unanimously. (5)
As part of the consent agenda, it was moved by Highberger, seconded by Amyx, to authorize the City Manager to enter into a contract amendment with RD Johnson Excavating to include lime removal and storage from the Clinton Water Plant lime lagoons, at a cost of $6.45 per ton. Motion carried unanimously. (6)
As part of the consent agenda, it was moved by Highberger, seconded by Amyx, to authorize staff to negotiate an engineering and construction phase services agreement with Black and Veatch Corporation to prepare contract documents and request contractor qualifications related to maintenance of the Bowersock Dam. City Commission approval of design and construction agreements will occur prior to construction. Motion carried unanimously. (7)
Ordinance No. 8181, annexing (A-04-02-07) approximately 536.88 acres, located at North 1175 Road and East 1600 Road, was read a second time. As part of the consent agenda, it was moved by Highberger, seconded by Amyx, to adopt the ordinance. Aye: Amyx, Dever, Chestnut, Hack, and Highberger. Nay: None. Motion carried unanimously. (8)
Ordinance No. 8182, rezoning (Z-04-04-07) of approximately 536.88 acres from A (Agriculture) and V-C (Valley Channel) to GPI (General Public and Institutional), was read a second time. As part of the consent agenda, it was moved by Highberger, seconded by Amyx, to adopt the ordinance. Aye: Amyx, Dever, Chestnut, Hack, and Highberger. Nay: None. Motion carried unanimously. (9)
Ordinance No. 8183, providing for a Special Use Permit (SUP-04-04-07) for the City of Lawrence Water Reclamation Facility, located at North 1175 Road and East 1600 Road, was read a second time. As part of the consent agenda, it was moved by Highberger, seconded by Amyx, to adopt the ordinance. Aye: Amyx, Dever, Chestnut, Hack, and Highberger. Nay: None. Motion carried unanimously. (10)
As part of the consent agenda, it was moved by Highberger, seconded by Amyx, to adopt Resolution No. 6743, authorizing the issuance of water and sewer revenue bonds in the amount of $23.6 million for the elevated water storage tank at 6th and Stoneridge Drive and the construction of a second water transmission main for the Kaw Water Treatment Plant to 19th and Harper Streets. Motion carried unanimously. (11)
As part of the consent agenda, it was moved by Highberger, seconded by Amyx, to approve the request to annex (A-07-06-07) approximately .952 acres, located near the northeast corner of the intersection of East 1700 and North 1300 Roads; and place on first reading, Ordinance No. 8184, providing for the annexation of approximately .952 acres (A-07-06-07) located near the northeast corner of the intersection of East 1700 and North 1300 Roads. Motion carried unanimously. (12)
As part of the consent agenda, it was moved by Highberger, seconded by Amyx, to approve the request to rezone (Z-07-14-07) approximately .952 acres, from A (Agricultural) to OS (Open Space). The property is located near the northeast corner of the intersection of East 1700 and North 1300 Roads; and place on first reading, Ordinance No. 8185, an ordinance providing for the rezoning of approximately .952 acres (Z-07-14-07) from A (Agriculture) to OS (Open Space). Motion carried unanimously. (13)
As part of the consent agenda, it was moved by Highberger, seconded by Amyx, to concur with the Planning Commission’s recommendations to approve the Preliminary Plat (PP-07-08-07) for the Southeast Lawrence Benefit District No. 1, a one-lot subdivision, located near the northeast corner of East 1700 and North 1300 Roads; and accept the dedication of easements and rights-of-way subject to the following condition:
1. E 1700 Road is a major collector which requires 80’ of right-of-way. One-half the road right-of-way must be dedicated with this plat. The plat must be revised to show that 40’ of road right-of-way (not road easement for right-of-way) is being dedicated with this preliminary plat.
Motion carried unanimously. (14)
As part of the consent agenda, it was moved by Highberger, seconded by Amyx, to authorize the City Manager to execute a lease with Berkeley Plaza, Inc. for municipal court and the prosecutors’ office. Motion carried unanimously. (15)
As part of the consent agenda, it was moved by Highberger, seconded by Amyx, to approve the License Agreement for use of the parking stalls within the right-of-way of Indiana with Michael Treanor, Trustee. Motion carried unanimously. (16)
CITY MANAGER’S REPORT:
David Corliss, City Manager, said he had the opportunity to attend the International City/County Management Association annual meeting in Pittsburgh, Pennsylvania the past few days. He had the opportunity to network with a number of colleges and would give a report to the City Commission in the coming days. (17)
REGULAR AGENDA ITEMS:
Conduct a public hearing and consider approving a Special Use Permit (SUP-09-09-07), for Bishop Seabury Academy expansion at 1420 Clinton Parkway.
Mayor Hack called a public hearing to consider approving a Special Use Permit (SUP-09-09-07), for Bishop Seabury Academy expansion at 1420 Clinton Parkway.
Sandra Day, Planner, presented the staff report. She said Bishop Seabury was an existing private school that had been in its current location since 2003. The City Commission approved a site plan for its relocation in the fall of 2002. The subject property was zoned RM-12 (Multi-Dwelling Residential District). The land development code required a Special Use Permit be approved for schools located in residential districts with the exception of the RM-G (Multi-Dwelling Residential-Greek Housing District). The code also granted that a Special Use Permit status to existing properties had an approved site plan. When a school or other similar situations wished to expand, that triggered the need for a site plan and then the process was to revise the Special Use Permit, which was granted at the City Commission level, during a public hearing. She said staff notified the appropriate property owners and signs were posted for this item. The proposed request did not change the use, but it did accommodate the physical changes to the site plan element of that Special Use Permit. Two phone calls were received from interested parties during the review process and those parties seemed to be comfortable after staff explained the proposed request which consisted of the demolition of an existing building to make room for a new 7,000 square foot structure that would add additional classroom space. The applicant indicated substantial drainage easement along the east side of the property along with floodplain. She said staff recommended approval of the revised Special Use Permit with those conditions.
Mayor Hack called for public comment.
Upon receiving no public comment, it was moved by Amyx, seconded by Chestnut, to close the public hearing. Motion carried unanimously.
Commissioner Amyx asked about the location of the alternative landscape.
Day said the alternative landscape would be located along a portion of the north property line, adjacent to the residential and was the only piece required for buffering.
Moved by Amyx, seconded by Chestnut, to concur with the Planning Commission recommendations to adopt the findings of fact and approve a Special Use Permit (SUP-09-09-07) for Bishop Seabury Academy expansion at 4120 Clinton Parkway, subject to the following conditions:
1. Execution of a Site Plan Performance Agreement.
2. Approval of a local Floodplain Development Permit.
3. Publication of an ordinance per Section 20-1306 (j).
4. Provision of a revised Site Plan to show minimum landscaping along the south boundary of the Drainage Easement west of the floodplain, per staff approval.
Motion carried unanimously. (18)
Moved by Amyx, seconded by Chestnut, to place on first reading, Ordinance No. 8186, providing for a Special Use Permit for Bishop Seabury Academy, located at 4120 Clinton Parkway. Motion carried unanimously. (19)
PUBLIC COMMENT:
Allison Ropey said she organized the Little Green Festival in the Big Cottonwood Forest this past weekend. She said because of the rain the festival was cut short, but she was pleased with the good turn out for this event. She thought it showed that Lawrence was interested in being green and sustainable. She said she circulated a petition to build a greener boathouse and for the record, 41% of the people sign the petition. The petition read, “Burcham Park is a public space that would now have a private building that the public, at-large, would not have access to.” She said the impact on the landscape would forever change the way the park felt and the building would block one of the most beautiful long northern views of the river. There was an opportunity to work with nature using ecological solutions that could enhance the setting. She asked how many ways could this building be green and how could the 8,000 square foot expansive structure in front of the building be friendly to the ground it was sitting on. She also asked what could be done to protect the birds from the impact of all that glass. Those were questions that should be answered before any action was taken. She asked if it was necessary to remove trees that stood on this riverbank for more than 100 years. She asked that K.U. build a greener boathouse and become a leader in bringing Lawrence into the sustainable future and leave the Cottonwood Forest in tact.
She gave the signed Petition to the City Manager.
FUTURE AGENDA ITEMS:
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10/18/07 Thursday meeting
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11/20/07 |
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TBD |
· Staff reports on Sales tax options, Intangibles Tax and Impact Fees · Revised Federal Legislative Statement (in anticipation of delegation visit to federal legislators in October) · Downtown Redevelopment Issues (public procedures and financing options) · Review of plans for Stoneridge/West 6th Street water tower · Contracts for the development of maximum prices for the Wakarusa Water Reclamation Facility and for the conveyance system construction
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COMMISSION ITEMS:
Moved by Amyx, seconded by Chestnut, to adjourn at 7:20 p.m. Motion carried unanimously.
APPROVED:
_____________________________
Sue Hack, Mayor
ATTEST:
___________________________________
Frank S. Reeb, City Clerk
1.
Bid – 2 carbon feed pumps Utilities Dept., Watson Marlow Pumps, Inc. for
$22,000.
2. Bid – Master St. Tree Program to Sand Creek Nursery for $49,669.75.
3. Bid Date – Oct. 30, 2007, 25th Terr, O’Connell Rd to Franklin Rd, Street, Storm Sewer, Waterline Improvements.
4. Bid Date – Oct. 23, 2007 for 2007 Sidewalk Gap Program, Phase 1.
5. Bid Date – Oct. 23, 2007, construction of equipment storage building at City’s Wastewater Treatment Plant.
6.
Contract Amendment – RD Johnson Excavating, include lime removal &
storage from Clinton Water Plan lime lagoons, at cost of $6.45 per ton.
7. Engineering & construction phase services agreement with Black & Veatch for maintenance of Bowersock Dam.
8. Ordinance No. 8181– 2nd Read, Annex. (A-04-02-07) of approx 536.88 acres.
9. Ordinance No. 8182 – 2nd Read, Rezone (R-04-04-07) approx 536.88 acres from A (Agriculture) & V-C (Valley Channel) to GPI (General Public & Institutional).
10. Ordinance No. 8183 – 2nd Read, Special Use Permit (SUP-04-04-07) for City of Lawrence Water Reclamation Facility, located N 1175 Rd & E 1600 Rd.
11. Resolution No. 6743 – Water & Sewer revenue bonds, $23.6 million, elevated water storage tank at 6th & Stoneridge Dr & construction of 2nd water transmission main.
12. Annex. approx .952 acres for A-07-06-07 near NE corner of E 1700 & N 1300 Rds.
13. Rezone approx .952 acres from A to OS, near NE corner of E 1700 & N 1300 Rds.
14. Dedication of easements and R-O-W for preliminary plat (PP-07-08-07) for SE Lawrence Benefit Dist No 1, located near NE corner E 1700 & N 1300 Rds.
15. Lease with Berkeley Plaza, Inc. for municipal court and prosecutor’s office.
16. License Agreement for use of parking stalls within R-O-W of Indiana.
17. City Manager’s Report.
18. Public Hearing – Special Use Permit (SUP-09-09-07) for Bishop Seabury Academy expansion at 4120 Clinton Pkwy.
19. Public Comment
20. Future Agenda Items
21. Commission Items