CITY
COMMISSION
MEETING AGENDA
October 17, 2006 – 5:00 p.m.
(Posted on webpage at 4:45 p.m. on 10/12/06)
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Updates:
The following updates were added on 10/17/06 @ 12:00 p.m.:
- Remove from Consent Agenda, Item No. 9-a, adopting Resolution No. 6687, setting public hearing date for environmentally blighted property at 1141 Rhode Island. The property has been repaired.
- Add information from Betty Lichtwardt that pertains to Regular Agenda Item No. 2, rezoning of property at 917 Delaware.
A. Consider motion to recess into executive session for one (1) hour to discuss: 1) matters which would be deemed privileged under the attorney-client privilege with attorneys for the City; and 2) possible real estate acquisition. The justification for the executive session is to keep attorney client matters confidential and to keep possible terms and conditions of real estate acquisition confidential at this time.
ACTION: Approve motion, if appropriate.
After a short break for dinner, the City Commission meeting will resume in the Commission chambers at approximately 6:35 p.m.
B. RECOGNITION/PROCLAMATION/PRESENTATION:
1. None.
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 10/03/06.
2. Receive minutes from various boards and commissions:
Board of Electrical Examiners and Appeals meeting of 08/02/06
Public Health Board meeting of 08/21/06
Traffic Safety Commission meeting of 10/02/06
Aviation Advisory Board meeting of 08/17/06
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 Department of Administrative Services.
5. Approve appointments as recommended by the Mayor.
6. Bid and purchase items:
a) Approve purchase of digester gas compressor separator equipment for the Wastewater Treatment Plant, from Gardner Denver Nash LLC for $38,534.88. Bid Memo
b) Approve purchase of two (2) compact pickups for the Utilities Department from Shawnee Mission Ford for $21,664 each, or $43,328 total. Bid Memo
7. Adopt on first reading, Ordinance No. 8044, annexing approximately nine acres (Pump Station No. 48 site, south of Turnpike). Staff Memo & Attachments
8. Adopt the following ordinance(s) on second and final reading:
a) Ordinance No. 7999, rezoning of (Z-06-39-05) 12.329 acres from I-1 (Limited Industrial) District and A (Agricultural) District to RM24 (Multi-Dwelling Residential) District.
b) Ordinance No. 8039, for text amendment TA-05-03A-06, adding revisions to 20-701 (f) of the Development Code concerning planned development conditions and related items. (Item No. 5A; PC Approved 8-0 on 6/28/06, authorized by City Commission on 7/25/06)
c) Ordinance No. 8040, for text amendment TA-05-03B-06, adding revisions to Chapter 20, Development Code to make minor corrections and clarifications. (Item No. 7A; PC approved 8-0 on 7/24/06, authorized by City Commission on 8/15/06).
d) Ordinance No. 8042, condemning certain property interested for the Pump Station sanitary sewer project.
e) Ordinance No. 8043, establishing a Pump Station #48 sanitary sewer connection fee, as amended by the City Commission on October 10, 2006.
9. Adopt the following resolution(s):
a) Resolution No. 6687, setting a public hearing date of December 5, 2006 for the unsafe garage structure at 1144 Rhode Island Street. The purpose of the hearing will be to discuss the condition of the unsafe garage and to consider ordering it to be repaired or removed within a specified time. Staff Memo Historic Resources Commission Letter
b) Resolution No. 6688, providing for the debt financing of approved Parks & Recreation projects. Clinton Park project was recently approved; other projects are in the planning and development stage and will be presented to the Commission in the future.
10. Approve unanimous recommendation from the Traffic Safety Commission (TSC) for:
a) Deny request to revise the City ordinance concerning skateboarding on the University of Kansas campus. TSC Minutes - Item #3 Materials
b) Establish “No Left Turn 7:00 a.m. – 9:00 a.m. and 4:00 p.m. – 6:00 p.m. Monday – Friday” on Iowa Street at Orchard Lane, Oxford Road, Stratford Road, and University Drive on a 90 day trial basis. TSC Minutes - Item #4 Materials
11. Approve, subject to conditions and use restrictions, PDP-08-09-06: Preliminary Development Plan for Pine Ridge Plaza Addition. The plan proposes the construction of 7373 square feet of additional commercial space. The property is generally described as being located at 33rd and Iowa Street. Submitted by Peridian Group, Inc., for Inland Western Lawrence LLC c/o Inland Western Retail Real Estate Trust I, property owners of record. (PC Item No. 13; PC approved unanimously 10-0 on 9/27/06). Staff Report Development Plan PC Minutes Map of Area
12. Approve and authorize drafting of an ordinance for text amendment, TA-07-06-06: Consider revisions to Chapter 20, Development Code to correct inconsistencies since adopted. (Initiated by the Planning Commission on August 30, 2006). (PC Item No. 9; PC approved 8-0-1 on 9/25/06). Staff Report District Use Table Staff Memo District Use Table PC Minutes
D. 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.
E. REGULAR AGENDA ITEMS:
1. Conduct public hearing on the following proposed special assessment benefit districts:
Construction of a west bound left turn lane and an east bound deceleration lane on Kansas Highway 10 at the intersection of E 1600 Rd. (O’Connell Road).
ACTION: Adopt Resolution No. 6686, ordering the improvements, if appropriate. Map Staff Memo
2. Consider the following items related to 917 Delaware: Lichtwardt Information - added 10/17/06
a) Conduct public hearing to appeal the Historic Resources Commission’s denial of DR-06-63-06 (917 Delaware) to determine, based on a consideration of all relevant factors, if there is a feasible and prudent alternative to the proposal outlined in DR-06-63-06 and if the program includes all possible planning to minimize harm to the listed property. Appeal Memo Staff Report HRC Denial Summary of 09/27/06 HRC Denial Summary of 09/22/06 HRC Minutes Applicant Appeal
ACTION: Conduct public hearing and make determination as appropriate.
b) Consider adopting findings of fact, approving rezoning and annexation requests, and authorize drafting of ordinances for placement on future agenda on Z-06-14-06: A request to rezone a tract of land approximately .134 acres, from RS-2 (Single-Family Residence) [RS7] to CN-1 (Inner Neighborhood Commercial). The property is located at 917 Delaware. Submitted by Korb Maxwell, Polsinelli Law Firm, for Robert & Molly Krause, property owner of record. This item was deferred from the August Planning Commission meeting to provide applicant time to draft proposed restrictions of use. (PC Item No. 12; PC approved 7-2-1 on 9/27/06) Staff Memo Staff Report PC Minutes 09/27/06 PC Minutes 08/23/06 Map of Area Correspondence
ACTION: Adopt findings of fact, approve rezoning and annexation request and authorize drafting of ordinance for placement on a future agenda, if appropriate.
3. Receive status report concerning the proposed redevelopment of the 800 block of Pennsylvania. Staff Memo
ACTION: Receive report.
F. PUBLIC COMMENT:
G. FUTURE AGENDA ITEMS: Staff Memo
H. COMMISSION ITEMS:
I. CALENDAR: 2006 Meeting List
REMINDERS:
§ October 15 – 17, 2006, City Commissioners will be meeting with federal legislators and staff in Washington, D.C.
§ The October 31, 2006 City Commission meeting has been cancelled due to it being the fifth Tuesday of the month.
§ The annual Aquila luncheon meeting is scheduled for October 31, 2006, 12:00 – 1:30 p.m., Alvamar Country Club
§ City Offices will be closed on Thursday, November 23 and Friday, November 24, in observance of the Thanksgiving Holiday.
§ November 28, 2006, Tuesday, 5:00 to 6:00 p.m. City Commission study session with Douglas County and Chamber of Commerce representatives on economic development.
GOALS: Goals Document
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*City Commission meeting dates are in black bold print
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.shtml 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 (1) position, held by Les Hannon, will become vacant on 09/30/06. Mr. Hannon has served two consecutive terms and is not eligible for reappointment to an additional term.
Contractor Licensing Board:
This is a new board that will have the responsibility of reviewing contractor licensing violations. The board shall, to the extent of qualified individuals willing to serve, consist of the following nine (9) members: One (1) certified building code official with City of Lawrence, one (1) licensed by State of Kansas as an architect, civil or professional engineer (3 year term) , one (1) licensed general contractor of employee of such contractor (4 year term), one (1) licensed building contractor or employee of such contractor (3 year term), one (1) licensed residential contractor or employee of such contractor (3 year term), one (1) general public representative (4 year term), one (1) licensed electrical contractor or employee of such contractor and be a member in good standing with the Board of Electrical Appeals (2 year term), one (1) licensed plumbing contractor or employee of such contractor and be a member in good standing with the Board of Plumbers and Pipe Fitters (2 year term), one (1) licensed mechanical contractor or employee of such contractor and be a member in good standing with the Board of Mechanical Appeals (2 year term).
Community Commission on Homelessness:
One (1) vacancy for the un-expired position held by Barbara Hogue, which expires 12/31/07.
Convention and Visitors Bureau Advisory Board:
One (1) vacancy for the position held by Ron Desch, which expired 07/01/06. This position is required to be held by someone in the hotel industry.
Lawrence-Douglas County Advocacy Council for Aging:
One (1) vacancy for the un-expired position held by Frank Day that will expire 12/31/08.
One (1) vacancy for the un-expired position held by Loralee Stevens (Target Neighborhood) that expires 12/31/07.
Three (3) positions, held by Donna Osness, Dr. Mark Praeger, and Sheryl Jacobs, expire 09/30/06. All are eligible to serve additional terms.
Three (3) positions held by Robert Mikesic, Steven Ramirez, and Teresa Wilke expires 09/30/06. All have served two consecutive terms and are not eligible for reappointment to additional terms.
There is one current vacancy on this board.
One (1) vacancy for the un-expired position held by Mary McCabe, which expires 01/31/07.
Mechanical Code Board of Appeals:
One (1) vacancy for the un-expired position, held by Frank Estrada, which expires 03/31/08.
One (1) vacancy for the un-expired position held by Ed Brunt, which expires 04/30/08.
Neighborhood Resources Advisory Committee:
One (1) vacancy for the position held by Donna Duncan (East Lawrence Representative) which expired 09/30/06. One (1) vacancy for the position held by Janet Gerstner expired 09/30/06.