April 25, 2006
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 Amyx presiding and members Highberger, Hack, and Rundle present. Commissioner Schauner was absent.
RECOGNITION/PROCLAMATION/PRESENTATION
With Commission approval, Mayor Amyx proclaimed the week of April 24-30, 2006, as “Start Here Week”; proclaimed the week of April 24-28, 2006, as “Tree City USA Week”; proclaimed Friday, April 28, 2006, as “Arbor Day”; and recognized the Lawrence Arts Commission 2006 Grant Award recipients.
CONSENT AGENDA
As part of the consent agenda, it was moved by Hack, seconded by Highberger to approve City Commission meeting minutes from April 11, 2006. Motion carried unanimously. As part of the consent agenda, it was moved by Hack, seconded by Highberger to approve claims to 335 vendors in the amount of $1,411,679.65. Motion carried unanimously. As part of the consent agenda, it was moved by Hack, seconded by Highberger to approve the Drinking Establishment Licenses to Replay Lounge, 946 Massachusetts; Coyotes, 1003 East 23rd; and Bambino’s, 1801 Massachusetts. Motion carried unanimously.
The City Commission reviewed the bids for one Bobcat skid steer loader for the Streets Division. The bids were:
BIDDER BID AMOUNT
KC Bobcat $18,864.62
Kan Equip $20,952.00
As part of the consent agenda, it was moved by Hack, seconded by Highberger to award the bid to KC Bobcat, in the amount of $31,864.60, less $13,000 trade, for a total price of $18,864.62. Motion carried unanimously. (1)
As part of the consent agenda, it was moved by Hack, seconded by Highberger to authorize the City Manager to execute an agreement with Walter P. Moore Engineers, for $16,000, to complete a building assessment for the Kaw Water Treatment Plant. Motion carried unanimously. (2)
As part of the consent agenda, it was moved by Hack, seconded by Highberger to approve Contract Amendment No. 2 with Professional Engineering Consultants for engineering services for Kasold Drive, from Peterson Road to the KTA. Motion carried unanimously. (3)
Ordinance No. 7989, authorizing the consumption and possession of alcoholic beverages at Eagle Bend Golf Course on Friday, May 5 for the Lawrence Chamber of Commerce Start Here Golf Tournament, was read a second time. As part of the consent agenda, it was moved by Hack, seconded by Highberger to adopt the ordinance. Motion carried unanimously. (4)
Ordinance No. 7992, establishing “no parking” along the west side of Stewart Avenue from 19th Street, south 500 feet, and establishing “no parking” along the south side of 9th Street between Pennsylvania Street and New Jersey Street, was read a second time. As part of the consent agenda, it was moved by Hack, seconded by Highberger to adopt the ordinance. Motion carried unanimously. (5)
As part of the consent agenda, it was moved by Hack, seconded by Highberger to approve the Use of Right-of-Way Agreement for Pachamama’s, located at 800-804 New Hampshire. Motion carried unanimously. (6)
As part of the consent agenda, it was moved by Hack, seconded by Highberger to approve the sidewalk dining license for Pachamama’s, 800-804 New Hampshire. Motion carried unanimously. (7)
As part of the consent agenda, it was moved by Hack, seconded by Highberger to place on first reading, Ordinance No. 7995, allowing possession and consumption of alcoholic beverages on certain city property pursuant to a Pachamama’s Sidewalk Dining License. Motion carried unanimously. (8)
As part of the consent agenda it was moved by Hack, seconded by Highberger to approve as signs of community interest a request from the Lawrence Home Builders Association to place signs for the Spring Parade of Homes in various rights-of-way throughout the City. Motion carried unanimously. (9)
As part of the consent agenda, it was moved by Hack, seconded by Highberger to authorize the Mayor to sign a Subordination Agreement for Trent and Gwendolyn Georgie, 1206 West 29th Court. Motion carried unanimously. (10)
The site plan (SP-04-21-05) for Pachamama’s was removed from the consent agenda because it was approved at a previous City Commission meeting in June 2005. (11)
CITY MANAGER’S REPORT:
During the City Manager’s Report, David Corliss, Interim City Manager, briefed the City Commission that City Staff was in pursuit, on behalf of the City, to receive reimbursement from the federal government for staff’s work in response to the microburst incident in March. In addition, he said the City sustained hail damage to some City vehicles in the most recent storm, but nothing significant that deterred the City’s ability to provide services. However, there would be some costs and staffing inconveniences due to the repair of those vehicles.
Mayor Amyx thanked Corliss and City Staff for involving the City Commission in thanking various departments who helped in the microburst event. He said City Staff was appreciative of that gesture.
Corliss said it was staff’s privilege to convey the appreciation of the Commission and the community to a number of City staff. (12)
REGULAR AGENDA ITEMS:
Consider approving UPR-01-01-06: Use Permitted upon Review request to increase child care enrollment from a maximum of 55 children to a maximum of 108 children for Googols of Fun/Googols of Learning, located at 4931 W. 6th Street. No exterior changes to the site of proposed. Submitted by Amy Gottschamer, applicant and owner of Googols of Fun. The Bristol Group is the property owner of record.
Paul Patterson, Planner, presented the staff report. He said this UPR had been previously heard by the City Commission on December 14, 2004. At that time, the City Commission approved a child care facility for up to 55 children.
He said Googols of Fun had evolved to a child care facility called Googols of Learning and they were now requesting a Use Permitted Upon Review to increase the number of children to 108 children enrolled in the facility. The UPR was before the Planning Commission on March 13th and it recommended approval on a 9-1 vote, subject to the three conditions as listed in their report. He said Additional interior space was proposed to be renovated to allow for expansion. Previously, the Commission had approved an outside playground which was an above ground deck within the facility. He said what was before the City Commission was a Use Permitted Upon Review to increase child care enrollment to a maximum of 108 children for Googols of Fun/Googols of Learning.
Mayor Amyx said he noted from the Planning Commission meeting minutes that Planning Commissioner Eichhorn voted against the UPR due to truck traffic.
Patterson said Commissioner Eichhorn was concerned about the use of the retail commercial space for a daycare facility and the outdoor play area as it related to truck traffic. He said truck traffic came off of Congressional Drive where there was a one-way drive to the north and one-way drive to the east. Trucking companies had instructed their staff to use a swing gate that swung across the truck bay drive whenever children were using the outdoor play area.
Mayor Amyx asked if the swing gate seemed to be working okay.
Patterson said the swing gate had been working fine and had been reviewed by the State Health Department.
Amy Gottschamer, owner of Googols of Fun/Googols of Learning, said Googols had always been about teaching children in a way that was fun and enjoyable. The school had taken off quite well and they had no idea how well the word had spread. They had only two children last August and now they were nearing capacity. In order to continue to meet the needs of the community, they needed this expansion to keep serving the community.
Moved by Rundle, seconded by Highberger, to approve the UPR (UPR-04-01-06) to increase child care enrollment from a maximum of 55 children to a maximum of 108 children for Googols of Fun/Googols of Learning, located at 4931 West 6th Street, subject to the following conditions:
1. Provision of a copy of an approved license from the Douglas County Health Department prior to operation of the child care facility for a maximum of 108 children. (Submit the copy to the Lawrence Planning Department and reference file [UPR-01-06]);
2. The permit will be administratively reviewed by the City in 5 years (April 30, 2011); and
3. The permit will expire at the end of 10 years (April 30, 2016), unless an application for renewal is approved prior to that date by the local governing body.
Motion carried unanimously. (13)
PUBLIC COMMENT: None
FUTURE AGENDA ITEMS:
David Corliss, Interim City Manager, said the following major priority items would be placed on a future City Commission agenda regarding infrastructure improvements and enhancing downtown. Those items were:
1. Carnegie Library Reuse Proposals;
2. Kasold project bids;
3. Downtown waterline bids;
4. Proposed demolition of 429 Indiana;
5. Clinton Parkway and Wakarusa rezoning; and
6. RFP for Partners for Lawrence Athletics & Youth (PLAY).
Moved by Hack, seconded by Highberger, to adjourn at 7:15 p.m. Motion carried unanimously.
APPROVED _____________________________
Mike Amyx, Mayor
ATTEST:
___________________________________
Frank S. Reeb, City Clerk
1. Bid- Purchase Bobcat from KC Bobcat in the amount of $18,864.62.
2. Agreement with Walter P. Moore Engineers for $16,000 for building assessment of Kaw Water Treatment Plant.
3. Approve Contract Amendment No. 2 with Professional Engineering Consultants.
4. Ordinance No. 7989 – 2nd Read, consumption and possession of alcoholic beverages at Eagle Bend Golf Course on Friday, May 5.
5. Ordinance No. 7992 – 2nd Read, “No Parking” along W side of Stewart Avenue from 19th Street, south 500 feet, and along the south side of 9th Street between Pennsylvania Street and New Jersey Street.
6. Use of Right-of-Way Agreement – Pachamama’s Sidewalk Dining, 800-804 New Hamp.
7. Sidewalk Dining License – Pachamama’s Sidewalk Dining, 800-804 New Hamp.
8. Ordinance No. 7995 – allowing alcoholic beverages on city property, Pachamama’s Sidewalk Dining, 800-804 New Hamp.
9. Signs of Community Interest – Spring Parade of Homes, Lawrence Homebuilders.
10. Subordination Agreement- 1206 W. 29th Court, Trent and Gwendolyn Georgie
11. Site Plan – (SP-04-21-05) Pachamama’s Sidewalk Dining, removed from consent agenda.
12. City Manager’s Report
13. UPR-01-01-06 – Increase child care enrollment at Googols of Fun/Googols of Learning