CITY
COMMISSION
MEETING AGENDA
August 19, 2008 - 6:35 p.m.
(Posted on webpage at 5:00 p.m. on 08/14/08)
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Updates:
08/19/08 @ 4:30 p.m.
08/18/08 @ 4:30 p.m.
08/15/08 @ 4:45 p.m.
A. RECOGNITION/PROCLAMATION/PRESENTATION:
1. None.
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. Approve City Commission meeting minutes from 08/05/08.
2. Receive minutes from various boards and commissions:
Board of Electrical Examiners and Appeals meeting of 07/02/08
Building Code Board of Appeals meetings of 04/17/08 & 05/02/08
Sustainability Advisory Board meeting of 06/11/08
Public Health Board meeting of 06/16/08
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. Bid and purchase items:
a) Approve sale of surplus computer equipment on Gov Deals and approve recycling of 70 computer work stations. Staff Memo
b) Set bid date of September 2, 2008 for City Bid No. B08069, Project No. PW0815, 2008 Microsurfacing Program. Staff Memo & Attachments
c) Award Comprehensive Housing Rehabilitation bids as follows: Bid Memo
i) 1509 E 28th Street Terrace to T&J Holdings for $24,405;
ii) 920 Rockledge to Comet Corp. for $24,900;
iii) 1017 Rogers Place to T&J Holdings for $24,050; and
iv) 1219 New York Street to Penny Construction, Inc. for $23,646.
d) Approve Change Order No. 6 in the amount of $38,533.54 to King’s Construction for Project 12-CP2-407(BD), 25th Terrace, O’Connell Road to Franklin Road, Street, Storm Sewer, Waterline Improvements. Staff Memo & Attachments
6. Adopt the following ordinance(s) on second and final reading:
a) Ordinance No. 8294, an ordinance providing for the amendment to Chapter V, Article 10 of the Lawrence City Code that requires ground fault circuit interrupter receptacles for all kitchen countertop and bathroom receptacles.
b) Ordinance No. 8313, authorizing the financing and refinancing of certain real estate property and improvements thereon for economic development purposes and authorizing the issuance of general obligation bonds to pay the costs thereof, in anticipation of the general obligation bond and temporary note sale on September 9, 2008. The City Commission will consider formally authorizing the East Hills Business Park project at its meeting on August 26, 2008.
c) Ordinance No. 8305, adopting and appropriating by fund the 2009 City of Lawrence budget.
d) Ordinance No. 8306, noting the necessity of appropriating/budgeting property tax revenues for 2009 in excess of that which was appropriated/budgeted for 2008.
e) Adopt Ordinance No. 8311 amending Section 17-212 of the City Code consistent with the recommendations of the TSC. Correspondence - Added 08/15/08
7. Adopt the following resolution(s):
a) Resolution No. 6773, changing the name of the Lawrence Arts Commission to the Lawrence Cultural Arts Commission, adding a mission statement, and repealing Resolution No. 5966. Staff Memo & Attachments
b) Resolution No. 6774, requiring the City Manager’s Office to provide the Lawrence Arts Commission with public art plan information and repealing Resolution No. 5015.
8. Authorize staff to advertise a Request for Proposals for the Design and Construction Phase Engineering Services for the 2008-2009 Watermain Replacement Program. Staff Memo & Attachments
9. Receive staff memo regarding Public Wholesale Water Supply District #25 request for water service. This item was received at the August 5, 2008 City Commission meeting and was referred to staff for a recommendation. Staff Memo & Attachments
10. Approve request from Friends of the Public Library to place signs of community interest for the 2008 Fall Book Sale between 6th and 9th Streets between Massachusetts and Tennessee Streets from September 25 through October 4, 2008. Request
11. Receive request from Michael Stultz for donation of open space of approximately 46 acres to the City of Lawrence. Refer to Parks & Recreation Advisory Board and staff for report and recommendation. Request
12. Receive request from developers of Bauer Farms to authorize use of the City’s eminent domain authority to condemn required easements for the project. Staff Memo & Attachments
13. Authorize the Mayor to sign two Subordination Agreements for Russell and Carol Beeson, 507 Louisiana and a Release of Mortgage for Shelley Sandburg, 810 Locust Street. Staff Memo
C. CITY MANAGER’S REPORT: CM Report & Attachments
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. Consider adopting on first reading, Ordinance No. 8293, rezoning (Z-04-09-08) approximately 155 acres from A (Agricultural) to IG (General Industrial). The property is located on the northwest corner of N. 1800 Road and E. 900 Road; I-70/K-10 Business Park. (PC Item 13; approved 6-2 on 6/25/08 and CC Reg. Item 1; approved on 08/05/08). Because valid protest petitions have been received, a super-majority vote (4 votes) would be needed regarding the rezoning items. Staff Memo & Attachments
ACTION: Adopt on first reading, Ordinance No. 8293, rezoning (Z-04-08-08) approximately 155 acres located on the northwest corner of NO. 1800 Road and E. 900 Road; I-70/K-10 Business Park, from A to IG, if appropriate.
2. Consider the approval of Ordinance No. 8274, amending the requirements for obtaining a Sidewalk Dining and Hospitality License, and consider the approval of related administrative compliance and enforcement procedures. Staff Memo & Attachments (Updated 08/18/08) Flow Chart - Added 08/18/08
ACTION: Adopt on first reading, Ordinance No. 8274 (revised 08/18/08), amending the requirements for obtaining a Sidewalk Dining and Hospitality License, and approve the related administrative compliance and enforcement procedures, if appropriate.
3. Consideration of the following airport industrial park annexation and rezoning items. This item was deferred from the May 27, 2008 City Commission meeting at the applicant’s request. Because valid protest petitions have been received, a super-majority vote (4 votes) would be needed regarding the rezoning items.
Staff Powerpoint Presentation - Added 08/19/08
North Lawrence Drainage Staff Memo & Attachments
Correspondence - Updated 08/18/08
Applicant Economic Impact Study
Applicant Economic Impact Study Applicant Economic Impact Study - Table H
Infrastructure Cost Estimates/Financing Status Staff Memo of 11/13/07
a) 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) Staff Report Maps Staff Memo Interlocal Agreement PC Minutes
ACTION: Approve annexation of approximately 144.959 acres (A-06-05-07) for the Airport Business Park No. 1, located at E. 1500 Road and US Hwy 24/40 and direct staff to draft an ordinance for placement on a future agenda, if appropriate.
b) 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) Staff Report Z-06-09-07 Protest Petition Calculations PC Minutes
ACTION: Approve requested rezoning of approximately 99.31 acres (Z-06-09-07) from A (Agricultural) and B-2 (General Business) Districts to IL (Limited Industrial) District with use restrictions and direct staff to draft an ordinance for placement on a future agenda, if appropriate.
c) 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). Staff Report Z-06-10-07 Protest Petition Calculations PC Minutes
ACTION: Approve requested rezoning of approximately 43.48 acres (Z-06-10-07) from A (Agricultural) and B-2 (General Business) Districts to IL (Limited Industrial) District, and direct staff to draft an ordinance for placement on a future agenda, if appropriate.
d) 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). Staff Report Map Z-06-11-07 Protest Petition Calculations PC Minutes
ACTION: Approve requested rezoning of approximately 26.22 acres (Z-06-11-07) from A (Agricultural) and B-2 (General Business) Districts to IL-FP (Limited Industrial-Floodplain Overlay) District, and direct staff to draft an ordinance for placement on a future agenda, if appropriate.
e) 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). Staff Report Plat Map Revised Conditions Revised Conditions Letter to Applicant PC Minutes
ACTION: Approve 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 and US Hwy 24/40, if appropriate.
4. Consider adoption of Resolution No. 6789 establishing a Tax Increment Financing District (TIF) policy and Resolution No. 6790, establishing a Transportation Development District (TDD) policy. Staff Memo & Attachments
ACTION: Adopt Resolution No. 6789, establishing a Tax Increment Financing District (TIF) policy and Resolution No. 6790, establishing a Transportation Development District (TDD) policy, if appropriate.
5. Consider establishing 2009 rates for water and sewage disposal, system development charges for water utility and wastewater utility connections, wholesale water rates, and solid waste service rates. Rates Comparison Staff Memo - Added 08/19/08
ACTION: Adopt on first reading, Ordinance No. 8307, establishing water and sewage disposal rates for 2009 Staff Memo & Attachments
Adopt on first reading, Ordinance No. 8308, establishing system development charges for water utility and wastewater utility connections for 2009
Approve the wholesale water rate for 2009. Wholesale Rate Letters
Adopt on first reading, Ordinance No. 8284, establishing solid waste service rates for 2009 Staff Memo & Attachments
E. PUBLIC COMMENT:
F. FUTURE AGENDA ITEMS: Staff Memo & Attachments
G. COMMISSION ITEMS:
H. CALENDAR: Meeting List
1. Establish possible date for study session to discuss City options concerning former Farmland Industries property.
§ ERC Employee Appreciation Picnic, Saturday, August 16, 5:00 – 8:00 p.m. Location: Broken Arrow Park
§ Mayor’s Task Force on Climate Protection, August 26, 4:30 p.m. Location: City Commission Room.
§ ERC Employee Swim Party, Thursday, August 28, 5:00 – 8:00 p.m. Location: Outdoor Aquatic Center.
§ City offices will be closed on Monday, September 1 in observance of Labor Day.
§ Lawrence Schools Foundation Breakfast, Friday, September 5, 7:30 a.m. Location: Holidome.
§ There will not be a City Commission Meeting on September 30.
§ Joint City/County/USD quarterly meeting, October 8, 7:30 a.m. Location: City Commission Room.
§ City Employee United Way Picnic, Wednesday, October 15, 11:00 a.m. – 1:00 p.m. Location: Community Building.
§ Employee Service Awards, Tuesday, October 28, 5:30 p.m. Additional information will be provided as it becomes available.
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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.
One (1) vacancy for the position that expired 05/31/08.
Board of Zoning Appeals/Sign Code Board of Appeals:
Two (2) positions, (von Tersch and Carpenter), expire 09/30/08. Both are eligible for reappointment to additional terms.
Convention & Visitors Bureau Advisory Board:
One (1) vacancy for an unexpired position (Longhurst) expires 07/01/10.
Two (2) positions, (Keller and Belot), expire 09/30/08. Both are eligible for reappointment to additional terms.
Three (3) positions, (Hodison, Tapahonso, and Walker) expire 09/30/08. All are eligible for reappointment to additional terms. One (1) position, (Chao) will expire 09/30/08. Mr. Chao has served two consecutive terms and is not eligible for reappointment to additional terms.
One (1) vacancy (Board of Directors) for an unexpired position (Johnson) which expires 09/30/09. Two (2) positions, (Donaldson - Advisory Council) and (Brown - Board of Directors), expire 09/30/08. Both are eligible for reappointment to additional terms.
Two (2) vacancies for the unexpired positions (Hatchett and King) which expire 01/31/10.
Lawrence Citizen Advisory Board:
One (1) vacancy for the unexpired position (Leon) which expires 03/01/11.
Lawrence-DGCO Housing Authority:
One (1) position (O’Keefe) expired 06/30/08.
Public Transit Advisory Committee:
One (1) vacancy for the unexpired position (Foster) expires 12/31/08.
One (1) vacancy for the position that expired 04/30/08.