December 27, 2007

 

The Board of Commissioners of the City of Lawrence met in regular session at 9:00 a.m., in the City Commission Chambers in City Hall with Mayor Hack presiding and members Amyx, Chestnut and Highberger present.  Vice Mayor Dever was absent.

CONSENT AGENDA 

As part of the consent agenda, it was moved by Highberger, seconded by Chestnut, to approve claims to 449 vendors in the amount of $2,069,364.71 and payroll from December 9 through December 22, 2007 in the amount of $1,748,396.45.  Motion carried unanimously.

As part of the consent agenda, it was moved by Highberger, seconded by Chestnut, to approve the Drinking Establishment License for Montana Mike’s, 1015 Iowa; Rudy’s Pizzeria, 704 Massachusetts; Astro’s; 601 Kasold, Ste: C107; the Retail Liquor Licenses to Parkway Wine & Spirits, 3514 Clinton Parkway Ste: B; Mass Beverage, 3131A Nieder Road; and the Cereal Malt Beverage License to El Matador, 446 Locust; Wal-Mart, 3300 Iowa; Godfather’s Pizza, 721 Wakarusa Drive; Sam’s Food Mart, 1900 Haskell; and Eastside Tavern, 900 Pennsylvania.  Motion carried unanimously.

As part of the consent agenda, it was moved by Highberger, seconded by Chestnut, to concur with the recommendation of the Mayor and reappoint Becky McClure to the Bicycle Advisory Committee to a term which will expire December 31, 2010; reappoint Hubbard Collingsworth, Mike Monroe and Jane Faubion to the Community Commission on Homelessness to terms which will expire December 31, 2010; and reappoint Andrew Brown, Sandra Unfred, and Steve Braswell to the Community Development Grant Review Board to terms which will expire December 31, 2010.  Motion carried unanimously.

The City Commission reviewed the bids for one truck with mounted water jet system for the Utilities Department.  The bids were:

 

 

 

                        BIDDER                                                          BID AMOUNT           

                        Key Equipment                                               $169,685

                        Baker Equipment                                            No Bid

 

As part of the consent agenda, it was moved by Highberger, seconded by Chestnut, to award the bid from Key Equipment Company in the amount of $169,685.  Motion carried unanimously.                                                                                                                                 (1)

As part of the consent agenda, it was moved by Highberger, seconded by Chestnut, to approve the sale of surplus equipment on Gov Deals.

Equipment 

Year

Make

Model

DEPARTMENT

Payment processor

2002

NCR

7731

Finance

Funeral set up trailer & contents

1990

Eagle

Unknown

Parks & Recreation

Copier

1998

Sharp

SF2020

Public Works

Two (2) Diaphragm pumps

Unknown

Pulsa Seris

7440-S-E

Utilities

Air Compressor

Unknown

Sullair

10B-30

Utilities

Drill Press

Unknown

Aurora

Unknown

Utilities

Hercules Motor

Unknown

Hercules

HXE

Utilities

Surface Grinder

Unknown

Leach

Unknown

Utilities

Grinder

Unknown

Hisey-Wolf

Unknown

Utilities

Press

Unknown

Unknown

Unknown

Utilities

7” Shaper

Unknown

Porter Cable

Unknown

Utilities

 

Motion carried unanimously.                                                                                                         (2)

As part of the consent agenda, it was moved by Highberger, seconded by Chestnut, to place on first reading Ordinance No. 8212, adopting the Code of the City of Lawrence, Kansas, January 1, 2008 edition as authorized by Ordinance No. 8211.  Motion carried unanimously.                                                                                                                                   (3)

Ordinance No. 8220/County Resolution No. _____, regarding the Revised Southern Development Plan and CPA-2007-03, amending Horizon 2020, Chapter 14 Specific Plans, approved by the City Commission September 25, 2007, was read a second time. As part of the consent agenda, it was moved by Highberger, seconded by Chestnut, to approve the ordinance.  Aye:  Hack, Amyx, Highberger, and Chestnut.  Nay: None. Motion carried unanimously.                                                                                                                                  (4)

Ordinance No. 8217, providing for the annexation of approximately 52 acres at 31st and Ousdahl (A-05-04-07), was read a second time.  As part of the consent agenda, it was moved by Highberger, seconded by Chestnut, to adopt the ordinance.  Aye:  Hack, Amyx, Highberger, and Chestnut.  Nay: None. Motion carried unanimously.                                              (5)

Ordinance No. 8215, providing for the rezoning of approximately 6.673 acres from County A to OS (Z-10-24A-07), located at 31st and Ousdahl, was read a second time.  As part of the consent agenda, it was moved by Highberger, seconded by Chestnut, to adopt the ordinance.  Aye:  Hack, Amyx, Highberger, and Chestnut.  Nay: None.  Motion carried unanimously.                                                                                                                                  (6)

Ordinance No. 8216, providing for the rezoning of approximately 56.44 acres from RS10 and County A to RM15 (Z-10-24B-07), located at 31st and Ousdahl, was read a second time.  As part of the consent agenda, it was moved by Highberger, seconded by Chestnut, to adopt the ordinance.  Aye:  Hack, Amyx, Highberger, and Chestnut.  Nay: None.  Motion carried unanimously.                                                                                                                           (7)

As part of the consent agenda, it was moved by Highberger, seconded by Chestnut, to authorize the Mayor to sign a Subordination Agreement for Marilyn Figuieras, 2044 Emerald Drive. Motion carried unanimously.                                                                                                       (8)

As part of the consent agenda, it was moved by Highberger, seconded by Chestnut, to authorize staff to send a letter to residents of Bauer Brook estates and authorize staff to proceed with the annexation process. Motion carried unanimously.                                            (9)

As part of the consent agenda, it was moved by Highberger, seconded by Chestnut, to authorize the City Manager to execute agreement with Springsted Incorporated for financial feasibility service study related to the proposed Oread Inn TIF. Motion carried unanimously. (10)

CITY MANAGER’S REPORT:

During the City Manager’s Report, Jonathan Douglass, Assistant to the City Manager, said the City submitted federal earmark request for four projects, but it appeared that only the Transit request would likely receive funding in the amount of $147,000.                                 (11)

FUTURE AGENDA ITEMS:

 

01/08/08

 

  • Authorize staff to advertise a Request for Proposals (RFP) for design and construction phase engineering services for the Kaw Water Treatment Plant Disinfection Conversion from chlorine gas to sodium hypochlorite liquid.  

 

  • Conduct public hearing to consider the vacation of all 8’ utility easements running along the side and rear lines of Lots 1, 2, 15, 16, and 17 in Block 4, West Hills Addition, except the south and east lines of Lot 15, the south line of Lot 2, and the south 4’ of the east 4’ of Lot 16, as requested by Robert Lewis, Jerry Nossaman, and Scott Watson. 

 

Consider the following items related to the Proposed Oread Inn project (12th and Oread):  

a)                 The public hearing on the appeal of the Historic Resources Commission determination for DR-07-93-07 was conducted on November 13, 2007.  Additional public comment from the applicant and the public in response to recently submitted material would also be appropriate.

 

ACTION:      Receive public comment.

 

b)       Consider making a determination on the appeal of the Certified Local Government Review under K.S.A. 75-2715 – 75-2726, as amended:

 

ACTION:      Make a determination based on a consideration of all relevant factors that there is no feasible and prudent alternative to the proposed demolition of the structures located at 1140 Indiana Street, 1142 Indiana Street, 1144 Indiana Street, and 618-620 West 12th Street and the new construction proposed for the site, if appropriate.

 

ACTION:      Make a determination that the proposed project includes all possible planning to minimize harm to the listed properties, if appropriate.

 

c)       Consider making a determination to issue a Certificate of Appropriateness for the demolition of the structures located at 1140 Indiana Street, 1142 Indiana Street, 1144 Indiana Street, and 618-620 West 12th Street and the new construction proposed for the site.

 

ACTION:      Make a determination to issue a Certificate of Appropriateness for the demolition of the structures located at 1140 Indiana Street, 1142 Indiana Street, 1144 Indiana Street, and 618-620 West 12th Street and the new construction proposed for the site, if appropriate.

 

d)       Consider approval of the requested rezoning and direct staff to draft ordinance for Z-07-13-07, a request to rezone a tract of land approximately .746 acres, from CN1 (Inner Neighborhood Commercial) & RM32 (Multi-Dwelling Residential) to PCD-2 (Planned Commercial Development). The property is located at 618 W 12 th Street. Submitted by Paul Werner Architects, for Triple T, LLC, property owner of record. (PC Item 6A; approved 9-1 on 10/22/07)   

 

ACTION:      Approve rezoning, Z-07-13-07, and direct staff to draft ordinance for 618 W 12th Street, if appropriate.

 

e)       Consider approval, subject to conditions and use restrictions, PDP-07-03-07, a Preliminary Development Plan for Oread Circle (Oread Inn), located at 618 W 12th Street. The plan proposes mixed use residential and commercial development. Submitted by Paul Werner Architects, for Triple T, LLC, property owner of record. (PC Item 6B; approved 9-1 on 10/22/07)   

 

ACTION:      Approve, subject to conditions and use restrictions, PDP-07-03-07, if appropriate.

 

f)      Adopt Resolution No. _____, establishing February 12, 2008 as the date for a public hearing regarding the establishment of a redevelopment district for the 12th & Oread project.   

 

ACTION:       Adopt Resolution No. _____, if appropriate.

 

 

01/22/08

 

 

Airport business park land use and public financing issues. Because valid protest petitions have been received, a super-majority vote (4 votes) would be needed regarding the rezoning items. 

 

  • Consider approval of the requested annexation of approximately 144.959 acres and direct staff to draft an ordinance for A-06-05-07, for Airport Business Park No. 1, located at E 1500 Road and US Hwy 24/40. Submitted by Landplan Engineering, for Roger Pine, Pine Family Investments, LC, and Kathleen and Brian Pine, property owners of record. (PC Item 16A; approved 5-2 on 10/24/07)   

 

  • Consider approval of the requested rezoning and direct staff to draft an ordinance for Z-06-09-07, a request to rezone a tract of land approximately 99.31 acres, from A (Agricultural) and B-2 (General Business) Districts to IL (Limited Industrial) District with use restrictions. The property is located at the intersection of E 1500 Road and US Hwy 24/40. Submitted by Landplan Engineering, for Roger Pine, Pine Family Investments, LC, and Kathleen and Brian Pine, property owners of record. (PC Item 16B; approved 6-1 on 10/24/07)   

 

  • Consider approval of the requested rezoning and direct staff to draft an ordinance for Z-06-10-07, a request to rezone a tract of land approximately 43.48 acres, from A (Agricultural) and B-2 (General Business) Districts to IL (Limited Industrial) District. The property is located at the intersection of E 1500 Road and US Hwy 24/40. Submitted by Landplan Engineering, for Roger Pine, Pine Family Investments, LC, and Kathleen and Brian Pine, property owners of record. (PC Item 16C; approved 6-1 on 10/24/07).  

 

  • Consider approval of the requested rezoning and direct staff to draft an ordinance for Z-06-11-07, a request to rezone a tract of land approximately 26.22 acres, from A (Agricultural) & B-2 (General Business) Districts to IL-FP (Limited Industrial-Floodplain Overlay) District. The property is located at the intersection of E 1500 Road and US Hwy 24/40. Submitted by Landplan Engineering, for Roger Pine, Pine Family Investments, LC, and Kathleen and Brian Pine, property owners of record. (PC Item 16D; approved 6-1 on 10/24/07).  

 

  • Consider accepting dedication of easements and rights-of-way for PP-06-07-07, a Preliminary Plat for Airport Business Park No. 1, located at E 1500 Road & US Hwy 24/40. The Planning Commission will also consider a number of waivers from the Development Code with this request. Submitted by Landplan Engineering, for Roger Pine, Pine Family Investments, LC, and Kathleen and Brian Pine, property owners of record. (PC Item 16E; approved 6-1 on 10/24/07). 

 

 

TBD

 

  • Possible modifications to sidewalk dining laws

 

  • Fire/Medical Department Apparatus Replacement Plans

 

  • Receive follow-up staff report on sales tax options  

 

  • Public Incentives:  Evaluation of public incentives and procedures for review of incentive proposals.   

 

  • Access Management including Traditional Neighborhood Design Code issues

 

  • Presentation of Transportation 2030 Plan

 

  • City Commission consideration of revised Preliminary Development Plan for Bauer Farm development at 6th and Wakarusa, submitted by the applicant on November 29, 2007.  

 

  • Consideration and discussion of proposed Neighborhood Revitalization Act plans.    The Lawrence Association of Neighborhoods has indicated an interest in establishing a task force to review NRA applications.

 

  • Consider amendments to Sections 20-804, 20-805, 20-808, and 20-815 of the Development Code for TA-09-21-07 to clarify that access shall be taken from a hard-surfaced road. (PC Item 13; approved 8-2 on 10/22/07.  Approved by County Commission on 11/14/07.)  

 

  • Consider approval of a plan to deploy Electronic Immobilization Devices (Tazers) for the Lawrence Police Department.  

 

  • Consider approving request from Aquila, Inc., to transfer its franchise to Black Hills/Kansas Gas Company, LLC, and authorize the Mayor to sign the Franchise Transfer Consent Letter.  

 

  • Consider the following items related to the Farmland Industries Redevelopment Plan:

 

a)       Consider approval of the Farmland Industries Redevelopment Plan. (PC Item No. 14; approved 9-0 on 11/28/07)   

 

ACTION:      Approve Farmland Industries Redevelopment Plan, if appropriate.    

  

b)       Consider adopting on first reading joint City Ordinance No. 8218/County Resolution No. ____ regarding the Farmland Industries Redevelopment Plan and CPA-2007-05, amending Horizon 2020, Chapter 14 Specific Plans.  

 

ACTION:      Adopt on first reading joint City Ordinance No. 8218/County Resolution No. ____, if appropriate. 

 

 

  • Receive status report regarding the timing and scope of sanitary sewer projects, and consider the following items:   

 

a)       Consider authorizing staff to advertise a Request for Proposals (RFP) for engineering services to review the scope and timing of the Wakarusa Water Reclamation Facility and perform a watershed sewer service plan.  

 

ACTION:      Authorize staff to advertise a Request for Proposals (RFP for engineering services to review the scope and timing of the Wakarusa Water Reclamation Facility and perform a watershed sewer service plan, if appropriate.

 

b)       Consider authorizing staff to distribute a Request for Proposals for a Construction Management Agreement for the expansion of the wet weather storage capacity at Pump Station 09 (Four Seasons).  

 

ACTION:      Authorize staff to distribute RFP, if appropriate.

 

c)       Consider authorizing the City Manager to enter into an Engineering Services Agreement with Professional Engineering Consultants, in the amount of $285,680, for completion of the design and construction phase services for the West Baldwin Creek Interceptor Sewer and initiation of condemnation proceedings, if appropriate. 

 

ACTION:      Authorize the City Manager to enter into an Engineering Services Agreement with Professional Engineering Consultants, in the amount of $285,680, for completion of the design and construction phase services for the West Baldwin Creek Interceptor Sewer and initiation of condemnation proceedings, if appropriate.

 

  • Proposed City of Lawrence – DMI agreement for Convention and Visitors Bureau services.  

 

  • Receive staff report regarding Douglas County request concerning special assessments at East Hills Business Park.  

 

  • Consider the following items related to the Southeast Area Plan:   

   

a)       Consider approving the Southeast Area Plan (PC Item No. 10; approved 9-0 on 11/28/07)

 

b)     Consider approving CPA-2007-04 an amendment to Horizon 2020, Chapter 14 Specific Plans, to add a reference to the Southeast Area Plan.  (PC Item No. 11; approved 9-0 on 11/28/07)  

 

c)       Consider adopting on first reading joint City Ordinance No. 8221/County Resolution No. ____, regarding the Southeast Area Plan and CPA-2007-04. 

 

  • Presentation by Northern Flyer Alliance regarding intercity passenger rail service.

 

  • Discussion of City/County funding relationships  

 

Moved by Amyx, seconded by Chestnut, to adjourn at 9:20 a.m.  Motion carried unanimously.                                                                                                                                                                         

 

                                                                                                           

APPROVED:                          

 

                        _____________________________

Sue Hack, Mayor

ATTEST:

 

___________________________________

Frank S. Reeb, City Clerk

CITY COMMISSION MEETING OF DECEMBER 27, 2007

 

1.                Bid – 1 truck with mounted water jet system, Utilities Dept, to Key Equip Co for $169,685

 

2.                Sale of surplus equipment on Gov Deals.

 

3.                Ordinance No. 8212 – 1st Read, Adopt City Code of Lawrence, KS, Jan. 1, 2008 Ed.

 

4.                Ordinance No. 8220 – 2nd Read, Revised Southern Development Plan & CPA-2007-03, amending Horizon 2020, Ch 14 Specific Plans.

 

5.                Ordinance No. 8217 – 2nd Read, Annex, 52 acres at 31st & Ousdahl.

 

6.                Ordinance No. 8215 – 2nd Read, Rezone, 6.673 acres from County A to OS.

 

7.                Ordinance No. 8216 – 2nd Read, Rezone, 56.44 acres from RS10 & County A to RM15.

 

8.                Subordination Agreement – Marilyn Figuieras, 2044 Emerald Drive.

 

9.                Annexation process of Bauer Brook estates.

 

10.            Agreement – Springsted Inc. for financial feasibility services study related to Oread Inn TIF.

 

11.            City Manager’s Report.