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CITY COMMISSION

MEETING AGENDA

November 5, 2013 – 4:00 p.m.

(Posted on webpage at 4:45 p.m. on 10/31/13)

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Updates:

11/05/13 @ 3:15 p.m.:

 

11/04/13 @ 3:45 p.m.:

 

11/01/13 @ 2:30 p.m.:

 

 

 

 

A.        STUDY SESSION:

 

1.       Consider materials related to expanding the rental licensing and inspection program.   Agenda & Attachments - Updated 11/05/13  

 

 

 

 

B.        RECOGNITION/PROCLAMATION/PRESENTATION:

 

1.       Proclaim Friday, November 8, 2013 as Celebrate Marine Corps Birthday.

 

2.       Proclaim the week of November 11-15, 2013 as International Education Week.

 

 

C.        CONSENT AGENDA:

 

NOTE:  All matters listed below on the Consent Agenda are considered under one motion and will be enacted by one motion.  There will be no separate discussion on those items.  If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately.

 

1.       Approve City Commission meeting minutes from 10/08/13 and 10/15/13.

 

2.       Receive minutes from various boards and commissions:

 

Bicycle Advisory Committee meeting of 09/17/13

Cultural District Task Force meetings of 10/08/13, 10/17/13, and 10/23/13

Public Health Board meeting of 08/19/13

 

3.       Approve all claims.  The list of approved claims will be posted to the agenda the day after the City Commission meeting.

 

4.       Approve licenses as recommended by the City Clerk’s Office.    

 

5.       Approve appointments as recommended by the Mayor.

 

6.       Bid and purchase items:

 

a)       Set a bid opening date of November 26, 2013, for the building security systems needed for the recreation center at Rock Chalk Park.   Staff Memo

 

b)       Waive staff estimate on bid #B1351, and award bids for the 2013 Weatherization Program as follows:   Bid Memo

·         #B1350 – Weather-stripping of entry doors – Airtight, Inc., for $1,210.04

·         #B1351 – Storm windows – Ziegler Glass for $14,511.48

·         #B1352 – Attic insulation – Airtight, Inc., for $10,804.25

 

c)       Award bid for one front load refuse truck to Elliott Equipment, for $221,685 and for three automated side load trucks to Downing Sales for $661,422 for the Public Works Department.   Bid Memo & Attachments

 

d)       Award bid for one ½ ton pickup truck for the Public Works and one ½ ton pickup truck for the Finance Department, to Laird Noller Ford, for a total of $43,404.   Bid Memo

 

e)       Authorize the City Manager to execute Change Order No. 1 (Final) to the construction contract with Nowak Construction for project UT1105DS – 19th Street Waterline Replacement, increasing the contract amount by $52,910.93 and extending the contract time by 32 calendar days.   Staff Memo & Attachments

 

f)       Authorize payment to the Trustees of the Betty Allen Trust in the amount of $54,873 for permanent and temporary easement acquisition for the Kaw Transmission Main project.   Staff Memo & Attachments

 

7.       Adopt the following ordinances on second and final reading:

 

a)       Ordinance No. 8931, amending Section 19 of the City Code to set the non-emergency service charge for utility customers at $25.00.

 

b)       Ordinance No. 8920, to rezone (Z-13-00287) approximately .27 acre from RM12D-UC (Multi-Dwelling Residential with Urban Conservation Overlay) District to CS-UC (Commercial Strip with Urban Conservation Overlay) District, located at 804 Pennsylvania Street (PC Item 7; approved 9-1 on 9/23/13).

 

c)       Ordinance No. 8928 for landmark designation of 900 Rhode Island Street to the Lawrence Register of Historic Places.

 

d)       Ordinance No. 8929 for landmark designation of 1500 Haskell Avenue to the Lawrence Register of Historic Places.

 

e)       Ordinance No. 8930 for landmark designation of 1734 Kent Terrace, to the Lawrence Register of Historic Places.

 

8.       Accept dedication and vacation of easements and rights-of-way associated with MS-13-00388, Minor Subdivision for Lawrence Industrial Park Addition No 2, a one-lot industrial subdivision located at 800 E 30th Street. Submitted by Grob Engineering for Stanley R Zaremba, Trustee and Lois J Zaremba, Trustee; property owners of record.    Staff Memo   Minor Subdivision Map

 

9.       Accept dedications of easements shown on Minor Subdivision, MS-13-00411, May Addition, a Minor Subdivision Replat of Lot 33, Golf Club Subdivision located at 2012 Crossgate Drive. Submitted by Landplan Engineering, P.A. for Tony G May and Rebecca J May, property owners of record.    Staff Memo   Minor Subdivision Map

 

10.     Approve request to annex, A-13-00340, approximately 9.842 acres located at 1352 N 1300 Rd. Submitted by Menard Inc., for Bruce Snodgrass, property owner of record. Adopt on first reading, Ordinance No. 8934, to annex (A-13-00340) approximately 9.842 acres located at 1352 N 1300 Rd.  (PC Item 3A; approved 8-0-1 on 10/21/13)    Staff Report   Applicant Request   Property Map with Floodplain   Map of Area   PC Minutes   Area Concept Plan - Added 11/05/13

 

11.     Initiate the annexation, A-13-00443, of approximately 21.17 acres. The property is located along the Naismith Valley Creek north of 31st Street. Submitted by the City of Lawrence, property owner of record.    Staff Memo   Exhibit   Area Concept Plan - Added 11/05/13

 

12.     Initiate the annexation, A-13-00437, of approximately 14.53 acres. The property is located south of the homes along W. 29th Terrace between Missouri Street and Belle Haven Drive and extends south to the Naismith Valley Creek. Submitted by Landplan Engineering PA on behalf of Savannah Holdings LC, property owner of record.    Staff Memo   Area Concept Plan - Added 11/05/13

 

13.     Approve a request to rezone, Z-13-00337, approximately 9.842 acres from County A (Agricultural) District to CR-FP (Regional Commercial-Floodplain Overlay) District, located at 1352 N 1300 Rd. Submitted by Menard, Inc. for Bruce Snodgrass, property owner of record. Adopt on first reading, Ordinance No. 8935 and Ordinance No. 8939 to rezone (Z-13-00337) approximately 9.842 acres from County A (Agricultural) District to CR-FP (Regional Commercial-Floodplain Overlay) District, located at 1352 N 1300 Rd. (PC Item 3B; approved 8-0-1 on 10/21/13)   Staff Report   Applicant Request   Revised Southern Development Plan   Restricted Uses   Floodplain Map   Concept Plan   Ordinance No. 8870   Overlay Boundary   Map of Area   PC Minutes   Area Concept Plan - Added 11/05/13

 

14.     Initiate the annexation, A-13-00291, of approximately 10.684 acres, located at 1338 E 1600 Road. Submitted by Grob Engineering Services, LLC., for Going South, LLC., property owner of record.   Staff Memo   Annexation Exhibit   Map of Area

 

15.     Accept dedication of right-of-way for Lawrence Avenue and utility easements as shown on the Final Plat, PF-13-00395, for Holcom School Subdivision, a 1-lot subdivision of containing 8.763 acres. Approve request to defer public improvements or require a guarantee for public improvements at this time to allow the Final Plat to be recorded. Authorize the City Manager to execute an Access Easement Agreement with the Lawrence School District. The property is located on the east side of Lawrence Avenue and north of the Holcom Park tennis courts. The property is currently addressed as 2600 W. 25th Street. Submitted BG Consultants, Inc., for USD 497, property owner of record.    Staff Memo   Staff Report   Final Plat   Sanitary Sewer Exhibit   Access Exhibit

 

16.     Approve Special Event, SE-13-00452, for a weekend market by Lawrence Flea Market located on Mount Oread Aerie 309 FOE Inc. property at 1803 W. 6th Street on November 9, 2013. Submitted by Danielle Rittenhouse, Lawrence Flea Market, with permission from Mount Oread Aerie 309 FOE Inc., property owner of record.   Staff Report

 

17.     Approve Site Plan, SP-13-00389, and sidewalk dining and hospitality license for TCBY/Mrs. Fields located at 845 Massachusetts Street. Submitted by Paul Werner Architects for Gerling LLC, the property owner of record.   Staff Report   Site Plan

 

18.     Authorize staff to issue a Request for Proposals to utilize $50,000 of grant funds for the purpose of furthering historic preservation in the City of Lawrence.   Staff Memo   Request for Proposal

 

19.     Authorize Staff to negotiate an Engineering Services Agreement with HDR Engineering for Design Phase Engineering Services for project UT1310, Booster Pumping Improvements.   Staff Memo & Attachments

 

20.     Receive the City of Baldwin City notification regarding its intent to issue Industrial Revenue Bonds for Freestate Broadband to finance a project within Baldwin City, a portion of which traverses the City of Lawrence.   Staff Memo & Attachments

 

21.     Authorize the City Manager to enter into a License Agreement with Presto Convenience Stores, LLC to allow for the installation and maintenance of ground water collection equipment within the right of way in the 800 block of Ohio Street.   Staff Memo

 

22.     Authorize the Mayor to sign a Subordination Agreement for Jeanette Reiling, 1064 Home Circle.   Staff Memo

 

23.      Receive letter from the Lawrence Douglas County Bicycle Advisory Committee concerning bike safety analysis; refer to staff for a report.

 

 

 

D.        CITY MANAGER’S REPORT:   CM Report & Attachments - Updated 11/04/13

 

 

ADDRESSING THE COMMISSION:         The public is allowed to speak to any regular agenda item or give public comment after first being recognized by the Mayor.  Individuals are asked to come to the microphone, sign in, and state their name and address.  Speakers should address all comments/questions to the Commission.

 

E.         REGULAR AGENDA ITEMS:          

 

1.       Receive presentation from the Pedestrian Coalition.   Lawrence Pedestrian Coalition Letter - Added 11/01/13

 

ACTION:      Receive presentation.

 

 

2.       Consider approving a taxicab license for Christopher Turner, doing business as Party on Wheels.   Staff Memo

 

ACTION:      Approve taxicab license, if appropriate.

 

 

3.       Receive an update on the Wakarusa 2014 Reconstruction Project.  Staff Memo & Attachments   Power Point Presentation

 

ACTION:      Receive update and direct staff as appropriate.

 

 

4.       Consider approving the following rezoning requests for 1146 Haskell Ave. Submitted by Struct/Restruct LLC for BK Rental LLC, property owner of record.    Environmental Study - Added 11/05/13

 

a)       Z-13-00350, approximately 2.186 acres from RS10 (Single-Dwelling Residential) District to RS7 (Single-Dwelling Residential) District. Adopt on first reading, Ordinance No. 8932, to rezone (Z-13-00350) approximately 2.186 acres from RS10 (Single-Dwelling Residential) District to RS7 (Single-Dwelling Residential) District, located at 1146 Haskell Ave.  (PC Item 2A; approved 9-0 on 10/21/13) Staff Report   Map of Area   Correspondence - Updated 11/04/13   PC Minutes

 

ACTION:      Approve rezoning (Z-13-00350) of approximately 2.186 acres from RS10 District to RS7 District, located at 1146 Haskell Ave, and adopt on first reading, Ordinance No. 8932, if appropriate.

 

b)       Z-13-00351, approximately 1.785 acres from RS10 (Single-Dwelling Residential) District to IL (Limited Industrial District) District. Adopt on first reading, Ordinance No. 8936, to rezone (Z-13-00351) approximately 1.785 acres from RS10 (Single-Dwelling Residential) District to IL (Limited Industrial District) District, located at 1146 Haskell Ave. (PC Item 2B; approved 8-1 on 10/21/13)  Staff Report   Staff Memo   Map of Area   Correspondence - Updated 11/04/13   PC Minutes   Zoning Conditions Staff Memo - Added 11/04/13

 

ACTION:      Approve rezoning (Z-13-00351) of approximately 1.785 acres from RS10 District to IL District, located at 1146 Haskell Ave, and adopt on first reading, Ordinance No. 8936, if appropriate.

 

c)       Z-13-00408, approximately 2.384 acres from RS10 (Single-Dwelling Residential) District to OS (Open Space) District. Adopt on first reading, Ordinance No. 8933, to rezone (Z-13-00408) approximately 2.384 acres from RS10 (Single-Dwelling Residential) District to OS (Open Space) District, located at 1146 Haskell Ave. (PC Item 2C; approved 9-0 on 10/21/13)  Staff Report   Map of Area   Correspondence - Updated 11/04/13   PC Minutes

 

ACTION:      Approve rezoning (Z-13-00408) of approximately 2.384 acres from RS10 District to OS District, located at 1146 Haskell Ave, and adopt on first reading, Ordinance No. 8933, if appropriate.

 

 

5.       Consider approving a Text Amendment, TA-13-00336, to the City of Lawrence Land Development Code, Chapter 20, to include Bar or Lounge as a permitted use in the CN2 (Neighborhood Commercial Center) District. Adopt on first reading, Ordinance No. 8937, for a Text Amendment (TA-13-00336) to the City of Lawrence Land Development Code, Chapter 20, to include Bar or Lounge as a permitted use in the CN2 (Neighborhood Commercial Center) District. (PC Item 4; approved 8-1 on 10/21/13. Recommended option 2, permit the use by right with a use standard that limits the gross floor area to 3,000 gross sq. ft. including any outdoor space, with an amendment that permits uses greater than 3,000 gross sq. ft. with an SUP.)  Staff Report   Existing CN2 Zoned Areas   Correspondence   Incorporation by Reference   PC Minutes

 

ACTION:      Approve Text Amendment (TA-13-00336) to the City of Lawrence Land Development Code, Chapter 20, to include Bar or Lounge as a permitted use in the CN2 (Neighborhood Commercial Center) District, and adopt on first reading, Ordinance No. 8937, if appropriate.

 

 

6.       Conduct public hearing on the Farmland Infrastructure Benefit District and consider adopting Resolution No. 7049, setting out the findings of the Governing Body and directing the improvements to be made. Staff Memo & Attachments

 

ACTION:      Conduct public hearing.  Adopt Resolution No. 7049, directing improvements to be made, if appropriate.

 

 

7.       Receive an update on the Lawrence VenturePark Development.  Staff Memo & Attachments   Power Point Presentation

 

ACTION:      Receive update.

 

 

 

 

F.         PUBLIC COMMENT:

 

 

G.        FUTURE AGENDA ITEMS:  Staff Memo & Attachments - Updated 11/05/13

 

 

H.        COMMISSION ITEMS:

 

 

I.         CALENDAR:   Meeting List 

 

1.       Consider adopting the 2014 City Commission Meeting Calendar.  

 

·                     City Commission is invited to attend the Bert Nash Breakfast Fundraising event on Wednesday, November 6, 7:30 a.m.  Location:  Maceli’s.

 

·                     Employee Service Awards luncheon, Thursday, November 7, 11:30 a.m.  Location:  Douglas County Fairgrounds, Building 21.

 

·                     National League of Cities Congress of Cities and Exposition, November 12 – 16.  Location:  Seattle, WA.

 

·                     City Commission meeting scheduled for November 12 is canceled due to the National League of Cities Congress of Cities and Exposition.

 

·                     City officials luncheon with Black Hills Energy Representatives, Tuesday, December 3.  Time and Location:  TBD.

 

·                     City Commission meetings scheduled for December 24 and December 31 have been canceled due to Christmas Eve and New Year’s Eve.

 

·                     City Commission meeting will be held on Monday, December 30 for bill paying and end of year housekeeping items.  Time to be determined.

 

 

 

 

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J.         CURRENT VACANCIES – BOARDS/COMMISSIONS:

 

Listed below are existing and upcoming vacancies on City of Lawrence Boards and Commissions.  If interested in serving on a board, citizens should visit the website at http://www.lawrenceks.org/boards to volunteer online, or send a letter of interest to the Mayor, P.O. Box 708, Lawrence, KS 66044.

 

Board of Zoning Appeals/Sign Code Board of Appeals:

One vacancy for a position that expired 09/30/13.

 

Building Code Board of Appeals:

Four positions expire 11/30/13.  One position will become vacant and three positions will be eligible for reappointment to additional terms.  Eligibility requirements exist for this board.

 

Community Development Advisory Committee:

Two vacancies for positions that expired 09/30/13 and one vacancy for a position that expires 09/30/15.  Three additional positions expire 09/30/13.  One of those positions will become vacant and three positions will be eligible for reappointment to additional terms.  Eligibility requirements exist for this board.

 

Contractor Licensing Board:

Three positions expire 12/31/13.  Two positions will become vacant and one position is eligible for reappointment to an additional term.  Eligibility requirements exist for this board.

 

Douglas County Senior Services Board:

One vacancy for a position that expires 12/31/15.  Two positions expire 12/31/13 and are eligible for reappointment to additional terms.

 

Electrical Code Board of Appeals:

One vacancy for a position that expired 03/31/12.  Eligibility requirements exist for this board.

 

Homeless Issues Advisory Committee:

Three positions expire 12/13/13.  One position will become vacant and two positions will be eligible for reappointment to additional terms.

 

Horizon 2020 Steering Committee:

The purpose of the Steering Committee is to guide the process for amending Horizon 2020, the Comprehensive Plan for the City of Lawrence.  The Steering Committee will consist of ten members, with four members appointed by the City, four members appointed by the County, one joint City/County appointment, and one School District appointment.

 

Jayhawk Area Agency on Aging:

One vacancy on the Advisory Council for a position that expires 09/30/14.  One position expired 09/30/13 and is eligible for reappointment to an additional term.

 

Lawrence Alliance:

Two vacancies for positions that expired 11/30/12.  Six additional terms expire 11/30/13 and all are eligible for reappointment to additional terms.

 

Lawrence Douglas County Advocacy Council on Aging:

One vacancy for a position that expires 12/31/14.  Four positions expire 12/31/13 and all are eligible for reappointment to additional terms.

 

Lawrence Douglas County Bicycle Advisory Committee:

Three positions expire 12/31/13 and all are eligible for reappointment to additional terms.

 

Public Transit Advisory Committee:

Three positions expire 12/31/13 and all are eligible for reappointment to additional terms.

 

Sales Tax Audit Committee:

One vacancy for a position that expires 04/30/14. 

 

Sister Cities Advisory Board:

One vacancy for a position that expires 12/31/15.  Five additional positions expire 12/31/13 and all are eligible for reappointment to additional terms.

 

Sustainability Advisory Board:

One vacancy for a position that expires 12/31/13.  Three positions expire 12/31/13 and are eligible for reappointment to additional terms.