CITY
COMMISSION
MEETING AGENDA
September 23, 2008 - 6:35 p.m.
(Posted on webpage at 5:00 p.m. on 09/18/08)
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Updates:
09/23/08 @ 2:40 pm
- Added to Consent Agenda Item No. 14 – sidewalk dining license and right-of-way permit for Yummy’s Over the Top, approval of SP-06-42-08, a site plan request for sidewalk dining at Yummy’s Over the Top, 1119 Massachusetts Street. Staff Report Site Plan
- Added to Consent Agenda Item No. 16 – Bauer Farm TDD – an Amended Petition to Establish the Free State TDD.
- Added to Regular Agenda Item No. 3 – Oread Hotel Traffic Plan – Correspondence.
- Added to Future Agenda Items Memo, correspondence from RWD #5 regarding the RWD #5 Contract.
09/19/08 @ 3:00 pm
- Added to Consent Agenda Item No. 6-b, Chapter 7, Horizon 2020.
- Added as Consent Agenda Item No. 17, a Subordination Agreement.
- Added as Consent Agenda Item No. 18, approval of signs of community interest for Get Downtown.
A. RECOGNITION/PROCLAMATION/PRESENTATION:
1. Proclaim Saturday, September 27, 2008 as the Second Annual River City Reading Festival.
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:
Grant Review Board meeting of 07/07/08
Neighborhood Resources Advisory Board meeting of 04/17/08
Public Health Board meeting of 07/21/08
Hospital Board meeting of 08/20/08
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.
4. Bid and purchase items:
a) Set bid date of October 14, 2008 for the Community Development Weatherization Program for 46 homes.
b) Set bid date of October 21, 2008 for the Comprehensive Rehabilitation Program for 1808 Miller Drive, 1909 Kasold Drive, and 1627 E. 18th Street.
c) Authorize the City Manager to execute a cooperation agreement between the City of Lawrence and Douglas County to share costs in the expected study of the design of 31st Street to Douglas County 1057 Road, not to exceed an amount of $216,000. The City’s total will be $10,000. Staff Memo & Attachments
d) Award City Bid No. B08072, Project No. 4-SI1-208(BD), 6th Street and Congressional Drive, Intersection, Traffic Signal Improvements to Torgeson Electric in the amount of $247,950.40. Bid Memo & Attachments
e) Award bid for sodium bisulfite for the Utilities Department to G.S. Robins for $2.40 per gallon. Bid Memo
5. Adopt the following ordinance(s) on first reading:
a) Ordinance No. 8315, amending Chapter 19, Article 6, Section 19-604 of the City Code concerning general discharge prohibitions under the City’s pretreatment regulations. Staff Memo & Attachments
b) Ordinance No. 8319, for Special Use Permit (SUP-07-04-08) for Lawrence High School, located at 1901 Louisiana Street. (PC Item 9; approved 7-0-1 on 8/27/08) This ordinance requires four affirmative votes because a valid protest petition was filed. Authorized by the City Commission on 9/16/2008, 4-1.
c) Ordinance No. 8320, for Special Use Permit (SUP-07-06-08) for Centennial/Lawrence Virtual School, located at 2145 Louisiana Street. (PC Item 10; approved 7-0-1 on 8/27/08)
d) Ordinance No. 8321, for Special Use Permit (SUP-07-05-08) for Free State High School, located at 4700 Overland Drive. (PC Item 11; approved 7-0-1 on 8/27/08)
e) Ordinance No. 8326, enacting Chapter 5, Article 21 of the Code of the City of Lawrence regarding Excavations and Structures in Utility Easements. Staff Memo & Attachments
6. Adopt the following ordinance(s) on second and final reading:
a) Ordinance No. 8318 on first reading for TA-07-14-08, to Section 20-525 and Section 20-526 of the Development Code, pertaining to the permitted uses in and use standards of the mixed use zoning district. (PC Item 7; approved 8-0 on 8/27/08)
b) Ordinance No. 8283, for Comprehensive Plan Amendment (CPA-2004-02) to Horizon 2020, Chapter 7 – Industrial and Employment Related Land Use. (PC Item 11; approved 7-2 on 5/21/08) This ordinance requires four affirmative votes because it is making a substantial change to the language recommended by the Planning Commission. Chapter 7 Horizon 2020 - Added 09/19/08
c) Joint City Ordinance No. 8301/County Resolution No. ____ regarding amendments to the Subdivision Regulations (TA-12-26-07, TA-05-08-08, TA-05-09-08, TA-06-10-08, and TA-06-11-08) approved by the City Commission on September 9, 2008 and the Board of County Commissioners on September 3, 2008.
7. Adopt the following resolution(s):
a) Resolution No. 6803, setting out the findings and determinations of the Governing Body and ordering construction of a northbound right-turn lane at the intersection of Stoneridge Drive and Kelly Drive and related improvements to be financed by benefit district. Staff Memo & Attachments
b) Resolution No. 6805, authorizing the reallocation of Series 2007 water and sewer revenue bonds in the amount of $11,825,000. Staff Memo & Attachments
8. Approve donation of property from Michael Stultz, approximately 46 acres generally located north of West 6th Street, west of Queens Road. Authorize staff to execute necessary documents to accept donation. The Parks and Recreation Advisory Board voted to recommend acceptance of this property at its September 9, 2008 meeting. Staff Memo & Attachments
9. Approve as “signs of community interest” a request from United Way of Douglas County to display 6 ft X 3 ft vinyl banners which say “United Way Helps Here” at 15 locations throughout the City from September 17 – November 14, 2008.
10. Approve as a “sign of community interest” a request from Altrusa International to display a 3’ X 20’ banner which says “River City Reading Festival, 10 am – 4 pm, Saturday, September 27th” on the east side of the Public Library from September 24 – 28, 2008.
11. Receive petition to create a benefit district for improvements to the intersection of 6th Street and northbound Wakarusa Drive by creating a turn lane and median improvements, including sidewalks, subgrade stabilization, stormwater improvements, utility relocation, and other necessary and appropriate improvements, not to exceed an amount of $800,000. Refer to staff for preparation of necessary Resolution for City Commission consideration.
12. Authorize staff to advertise an RFP for design and construction phase engineering services associated with Benefit Districts for sanitary sewer and water improvements to Bauer Brook Estates per Resolutions Nos. 6799 & 6800. Staff Memo
13. Approve donation of the sculpture entitled “Hedgehog House” from artist Christopher Fennell to be located at the north entrance of South Park. Staff Memo & Attachments
14. Approve, subject to conditions, SP-06-42-08, a site plan request for sidewalk dining at Yummy’s Over the Top Yogurt, 1119 Massachusetts Strewet, and approve, subject to finalization of use of right-of-way agreement and license documents, a sidewalk dining license for Yummy’s Over the Top Yogurt, 1119 Massachusetts Street. Staff Memo Staff Report - Added 09/23/08 Site Plan - Added 09/23/08
15. Authorize the City Manager to execute a Second Amendment to Agreement for Lease of City of Lawrence property which allows AT&T Mobility to install replacement equipment on the water tower at 6th and Kasold Streets and increases the rent to $2,000 per month, effective November 1, 2008. Staff Memo & Attachments
16. Adopt Resolution No. 6804, establishing October 14, 2008 as the public hearing date for the proposed Transportation Development District (TDD) for the Bauer Farms development (northeast corner of Wakarusa and West 6th Street). Authorize the City Manager to execute an agreement with the developer requiring the developer to pay City costs (legal, administrative) associated with the TDD process. Draft Funding Agreement Amended Petition to Establish the Free State TDD - Added 09/23/08
17. Authorize the Mayor to sign a Subordination Agreement for Joaquin Meza, 825 Crestline Drive. Staff Memo
18. Approve as “signs of community interest” a request from Just Like Lawrence, Inc., for the placement of signs in the City right-of-way near the entrances to City parking lots 4 & 8 from 09/27/08 – 10/04/08, explaining the dates and times that the parking lots will be closed due to Get Downtown, and a 3’ X 12’ banner across New Hampshire near 9th Street from 09/26/08 – 10/04/08 promoting Get Downtown, contingent upon final staff approval of the signs. Staff Memo
C. CITY MANAGER’S REPORT: CM Report & Attachments
ADDRESSING THE COMMISSION: 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. Conduct a public hearing on a request by Lawrence Originals, for a waiver of the restriction of the sale and serving of alcoholic liquor within 400 feet of a school or church, pursuant to section 4-113(a) of the Code of the City of Lawrence, Kansas regarding the temporary sale of alcoholic beverages at the Lawrence Originals Food Festival at South Park on Wednesday, October 8, 2008 from 5-9 pm; and consider the adoption, on first reading, of Ordinance No. 8327, authorizing the temporary sale, possession and consumption of alcoholic beverages at South Park related to the event. Staff Memo & Attachments
ACTION: Conduct public hearing, find that the proximity of the Lawrence Originals Food Festival and temporary sale, possession and consumption of alcoholic beverages, is not adverse to the public welfare or safety; approve the distance restriction waiver request; and adopt, on first reading, Ordinance No. 8327, authorizing the temporary sale, possession and consumption of alcoholic beverages on specified city property, if appropriate.
2. Consider approving the City’s updated Citizen Participation Plan for the CDBG and HOME programs. Staff Memo & Attachments
ACTION: Adopt the updated Citizen Participation Plan for the CDBG and HOME programs, if appropriate.
3. Receive update on Oread Hotel traffic plan. Staff Memo & Attachments Correspondence - Added 09/23/08
ACTION: Receive update and direct staff as appropriate.
E. PUBLIC COMMENT:
F. FUTURE AGENDA ITEMS: Staff Memo & Attachments - Updated 09/23/08
G. COMMISSION ITEMS:
H. CALENDAR: Meeting List
1. The joint City/County/USD quarterly meeting scheduled for October 8 needs to be rescheduled. The City will work with the County and School District to reschedule the meeting.
§ Mayor’s Task Force on Climate Protection, Tuesday, September 23, 4:30 p.m. Location: City Commission Room.
§ There will not be a City Commission Meeting on September 30.
§ City Commission Meeting scheduled for October 7 will start at 5:30 p.m. due to the Presidential Debate and end no later than 6:30 p.m.
§ City Employee United Way Picnic, Wednesday, October 15, 11:00 a.m. – 1:00 p.m. Location: Community Building.
§ Lawrence Energy Conservation Fair, Sunday, October 19, 10:00 a.m. – 5:00 p.m. Location: Free State High School.
§ City of Lawrence Human Relations Employment Law Update Seminar, Tuesday, October 28, 8:00 a.m. – 5:00 p.m. Location: Eldridge Hotel, Crystal Ballroom.
§ Employee Service Awards, Tuesday, October 28, 5:30 p.m. Location: City Hall.
§ City Commission Meeting scheduled for November 4 will start at 5:30 p.m. due to Election Day and end no later than 6:30 p.m.
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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 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.
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.
Lawrence Cultural Arts Commission:
Three (3) vacancies for the unexpired positions (Hatchett, King, and Vonholten) which expire 01/31/10. One (1) vacancy for the unexpired position held by Jost which expires 01/31/11.
Lawrence Citizen Advisory Board:
One (1) vacancy for the unexpired position (Leon) which expires 03/01/11.
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.