CITY COMMISSION

MEETING AGENDA

June 13, 2006 - 6:35 p.m.

(Posted on webpage at 5:30 p.m. on 06/08/06)

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A.        RECOGNITION/PROCLAMATION/PRESENTATION:

 

1.       Proclaim the month of June as “Kansas Business Appreciation Month.”

 

 

B.        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.       Receive minutes from various boards and commissions:

 

Convention & Visitors Bureau Advisory Board meeting of 04/25/06

Uniform Building Code Board of Appeals meeting of 04/27/06

Board of Zoning Appeals meeting of 05/04/06

Sign Code Board of Appeals meeting of 05/04/06

Lawrence Arts Commission meetings of 01/11/06, 02/08/06, and 03/08/06

 

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

 

3.       Approve licenses as recommended by the Department of Administrative Services.    License Memo

 

4.       Bid and purchase items:

 

a)       Authorize the Interim City Manager to execute a contract agreement and purchase order with Mayer Specialty Service, LLC in the amount of $158,882.36 to complete the 2006 Manhole Rehabilitation Project.

Bid Memo & Manhole List

 

b)       Authorize the City Manager to execute a preliminary design/build services contract with the Burns & McDonnell/Garney Construction LLC joint venture in the amount of $59,760, for the design and construction of the Yankee Tank Creek 2-1 & 2-2 Relief Gravity Interceptors in accordance with recommendations in the 2003 Wastewater Master Plan and direction provided by the City Commission on April 11, 2006.   Staff Memo

 

c)       Award bid for ceiling and lighting replacement at the Solid Waste Annex South (SWAN) Building to Mohl Electric, for $32,682.36.  Bid Memo

 

d)       Award bids for various equipment for the Police Department to the various low bidders, for a total of $91,465.88.   Bid Memo & Bid Tabs

 

e)       Authorize the City Manager to execute an agreement with Benjamin Victor for a bronze sculpture for Fire/Medical Station No. 5 (City of Lawrence Percent for Art project) for $65,510.   Staff Memo

 

5.       Adopt the following ordinance(s) on second and final reading:

 

a)       Ordinance No. 7879, authorizing the codification of the general ordinances of the City.   Staff Memo & Attachment

 

b)       Ordinance No. 8006, rezoning [Z-02-03-06] .26 acres from M-2 (General Industrial) District to C-4 (General Commercial) District; 827 Garfield Street.  Approved by CC on May 9, 2006.

 

c)       Ordinance No. 8007, rezoning [Z-02-04-06] .34 acres from M-2 (General Industrial) District to RS-2 (Single-Family Residence) District; 824 Garfield Street & Property Abutting 827 Garfield Street.  Approved by CC on May 9, 2006.

         

d)       Ordinance No. 8009 [A-01-02-05]  Annexation of approximately 17.52 acres, located north of Highway 40 and east of K-10 Highway.  Submitted by Landplan Engineering, Inc., for Hanover Place, LC, Oread, LC, and Tanglewood, LC, property owners of record.  Authorized by City Commission on May 9, 2006.    Map of Area

 

6.       Accept dedication of easements and rights-of-way on PF-04-07-06:  a final plat request for Yankee Tank View Addition 2nd Plat, located at 5200 Clinton Parkway.  This proposed subdivision contains approximately 125.189 acres.  Submitted by Landplan Engineering, PA, for J. Mike Elwell, Sport 2 Sport One, LLC, and City of Lawrence, property owners of record. (Item No. 14B; PC approved 8-0 on 5/22/06.)   Staff Report   Planning Dept. Maps   PC Minutes

 

7.       Approve UPR-04-03-06:  Use Permitted upon Review request for the expansion of First Serve Tennis, located at 5200 Clinton Parkway.  Submitted by Landplan Engineering, PA, for J. Mike Elwell, Sport 2 Sport One, LLC, and City of Lawrence, property owners of record. (Item No. 14A; PC approved 8-0 on 5/22/06.)   Staff Report   Planning Dept. Maps   PC Minutes

 

8.       Adopt findings of fact; approve rezoning requests; authorize drafting of ordinances for placement on future agenda:

 

a)       Z-03-07-06:  A request to rezone a tract of land approximately 4.6 acres from M-2 (General Industrial) District to O-1 (Office) District.  The property is generally described as being located west of Haskell Avenue, and south of E. 20th Street (2001 Haskell Avenue).  This item was initiated by the City Commission March 28, 2006. (Item No. 8; PC approved 8-0 on 5/22/06.)   Staff Report   Planning Dept. Maps   Correspondence   PC Minutes

 

b)       Z-04-09-06:   A request to rezone a tract of land approximately 0.28 acre from RO-1 (Residence-Office) District to RM-3 (Multiple-Family Residence) District.  The property is generally described as being located at 640 Arkansas.  Initiated by the Lawrence City Commission on April 11, 2006. (Item No. 9; PC approved 8-0 on 5/22/06.)   Staff Report   Planning Dept. Maps   PC Minutes

 

9.       Receive request for the establishment of a special assessment benefit district for the construction of George Williams Way north of West 6th Street; refer request to staff for a report.    Request for Benefit District   Map of Area

 

10.     Approve Findings of Fact and reaffirm conditions of approval for Mercato Rezonings that were authorized at the May 9, 2006 City Commission meeting:

 

a)  Z-03-05-06 45.31 acres from A (Agriculture) to PCD-2 (Planned Commercial Development) District;

b)  Z-03-05-06 31.12 acres from A (Agriculture) to RO-1A (Residence-Office) District;

c)  Z-01-10-05 25.82 acres from A (Agriculture) to RS-2 (Single-family Residential) District;

d)  Z-01-11-05 7.63 acres from A (Agriculture) to RM-D (Duplex Residential) District; and

e)  Z-01-12-05 12.77 acres from A (Agriculture) to RM-2 (Multiple-family residential) District. 

 

 

 

 

C.        CITY MANAGER’S REPORT:          CM Report

 

 

 

ADDRESSING THE COMMISSON:           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.

 

D.        REGULAR AGENDA ITEMS:

 

1.       Receive report on Nasmith Drive bicycle lane striping issue.   Staff Memo

 

ACTION:      Receive report and direct staff as appropriate.

 

 

2.       Conduct public hearing on the creation of a special assessment benefit district for the improvement of Overland Drive from Queen’s Road, west to Stoneridge Drive.

Map of Area

 

ACTION:      Adopt Resolution No. 6655, ordering the improvement of Overland Drive from Queen’s Road, west to Stoneridge Drive.

 

                   

3.       Conduct public hearing on possible amendments to the extra-ordinary setback requirements along West 6th Street pursuant to Chapter 21, Article 12 of the City Code.   The first text amendment (TA-07-04-05) concerns the impact of the setbacks when property is acquired by governmental takings.  The second text amendment (TA-01-01-06) is consideration of the repeal or amendment of the 50 foot setback requirement.   

          Notice of Hearing

 

a)  TA-07-04-05: Consider Text Amendment to Chapter 21 of the City Code which would eliminate government takings for street or other public purposes as a cause of any setback or required off-street parking violation. (PC Item No. 12; PC approved 8-1 on 9/26/05)   Staff Report   PC Minutes (09/26/05)   Ordinance No. 7949

 

b)  TA-01-01-06: Consideration of repeal or amendment of the 50' setback along W. 6th Street/US 40 between Monterey Way & Wakarusa Drive (Chapter 21, Article 12).  Initiated by the City Commission on January 17, 2006.

Staff Report   Plan Maps   Additional Maps   PC Minutes (04/17/06)        CC Minutes (01/17/06)    Correspondence  Ordinance No. 8004    Ordinance No. 8005

 

The proposed text amendment that was heard by the Planning Commission on February 22, 2006 addressed repealing the 50’ setback from Monterey Way to Wakarusa Drive.  That proposal was recommended for denial by the Planning Commission and failed to win approval from the City Commission.  The City Commission directed staff to examine options for changing the setback between Folks Road and Wakarusa Drive and referred this item back to the Planning Commission.  (PC Item No. 8; motions failed); PC voted to deny 7-2 on 2/22/06PC Minutes (02/22/06)   (Option #1 – Ordinance No. 8004 – failed 4-6 on 04/17/06.)  (Option #3 – Ordinance No. 8005 – PC voted 5-5 on 04/17/06.)

 

ACTION:        Conduct public hearing. 

                   Adopt Ordinance No. 8004 on first reading, if appropriate; or

                   Adopt Ordinance No. 8005 on first reading, if appropriate.

 

 

4.       Receive staff report concerning City approval and financial participation in the proposed Douglas County sanitary sewer benefit district south of East 23rd Street, east of O’Connell Road.   Staff Memo  

 

ACTION:      Approve City financial participation contingent upon approval of City-County cooperation agreement and final City staff approval of sanitary sewer plans, if appropriate.

 

 

5.       Consider approval of CPA-2005-2:  Chapter 9, Parks, Recreation, and Open Space to the Comprehensive Plan, Horizon 2020 – (PC Item No. 11 PC approved 7-1 on 5/22/06.Staff Report   PC Minutes   Horizon 2020 - Chapter 9    Maps

 

ACTION:      Approve amendment to Horizon 2020, if appropriate.

 

 

 

6.       Receive staff memo regarding overweight vehicles and vehicle safety requirements.   Staff Memo & Attachments

 

ACTION:      Adopt, Ordinance No. 7990, regarding overweight vehicles, and Ordinance No. 7991, regarding vehicle safety requirements, if appropriate.

 

          06/06/06 City Commission Meeting Items:

          Staff Memo & Attachments   Ordinance No. 7990   Ordinance No. 7991

 

 

7.       Receive report on the following Public Works transportation projects:

 

 

a)       31st Street, Haskell to O’Connell.  Discussion of southeast area road needs, including 31st Street, Haskell to 1900 Road.   Staff Memo & Attachments

 

ACTION:      Receive report, and direct staff as appropriate.

 

b)       Status of N. 2nd and Locust geometric intersection improvements.

Staff Memo & Attachments

 

ACTION:      Receive report, and direct staff as appropriate.

 

 

 

E.         PUBLIC COMMENT:

 

 

F.         FUTURE AGENDA ITEMS:  Staff Memo

 

 

G.        COMMISSION ITEMS:

 

 

H.        CALENDAR:     Meeting List

 

1.       Establish date, time, and location for an evening study session regarding the 2007 budget.  The remaining scheduled budget study sessions are June 15, July 13, and July 20, all to be held in City Hall.

 

REMINDERS:

 

§         There is a Planning Commission mid-month meeting scheduled for Wednesday, June 14 at 7:30 a.m., City Commission Room, First Floor, City Hall.  Topic: text amendments regarding retail market impact analysis.  City commissioners will be participating in this meeting, which will last approximately two (2) hours.

 

§         There is a City Commission Study Session scheduled for Thursday, June 15 at 9:00 a.m., City Commission Room, First Floor, City Hall.  Topic:  2007 operating budget/multi-year CIP/debt review and contractual agency allocations.

 

§         City offices will be closed on Tuesday, July 4, 2006 in observance of Independence Day.

 

§         There is a City Commission Study Session scheduled for Thursday, July 13 at 9:00 a.m., City Commission Room, First Floor, City Hall.  Topic:  2007 City Manager’s Recommended Budget.

 

§         There is a City Commission Study Session scheduled for Thursday, July 13 at 9:00 a.m., City Commission Room, First Floor, City Hall.  Topic:  2007 Budget.

 

GOALS:          Goals Document

 

 

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*City Commission meeting dates are in black bold print

 

 

I.         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.shtml to volunteer online, or send a letter of interest to the Mayor, P.O. Box 708, Lawrence, KS 66044.

 

Board of Electrical Examiners & Appeals:

One (1) vacancy for the un-expired position held by Dan Wilkus, which expires 03/31/08.

 

Citizen Advisory Board:

One (1) vacancy for the un-expired position held by Milton Scott, which expires 03/01/08.

 

Convention & Visitors Bureau Advisory Board:

One vacancy for the un-expired position held by Stephen Horton, which will expire 07/01/07.  This position is required to be held by someone in the hotel industry.

 

Douglas County Advocacy Council for Aging:

One (1) vacancy for the un-expired position held by Frank Day that will expire 12/31/08, and one (1) vacancy for the un-expired position held by John Studdard that will expire 12/31/07.

 

Lawrence Alliance:

There is one current vacancy on this board.

 

Lawrence-Douglas County Metropolitan Planning Commission:

One (1) position (Emerling) expired 05/31/06.  Dr. Emerling is eligible for reappointment to an additional term.

 

Mechanical Code Board of Appeals:

One vacancy for the un-expired position, held by Frank Estrada, which expires 03/31/08.