CITY
COMMISSION
MEETING AGENDA
March 31, 2009 - 6:35 p.m.
(Posted on webpage at 4:30 p.m. on 03/26/09)
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03/31/09 @ 2:00 p.m.
- Added maps to Consent Agenda Item No. 10 – Initiate rezoning of approximately 320 acres at Lawrence Municipal Airport from GPI to IG. Airport Development Areas Airspace Overlay District
- Added additional correspondence to Regular Agenda Item No. 2 – Mayor’s Climate Protection Task Force recommendation.
- Updated the Future Agenda Items Staff Memo as indicated below:
- On 04/07/09 – moved Freenet right-of-way issue from Consent to Regular Agenda;
- Moved initiate Text Amendments to various sections of Chapter 20 of the Development Code from TBD to 04/07/09;
- Added under 04/07/09 – approve request from LCS for reallocation of Salvation Army Emergency Shelter/Day Services funding in 2009.
03/27/09 @ 2:45 p.m.
- Added additional correspondence to Regular Agenda Item No. 2 – Mayor’s Climate Protection Task Force recommendation
- Deferred indefinitely Regular Agenda Item No. 4 – receive comments from Steven Watts at Mr. Watts’ request.
A. RECOGNITION/PROCLAMATION/PRESENTATION:
1. Proclaim the week of April 6 – 12, 2009 as Public Health Week.
2. Proclaim the week of April 12 – 18, 2009 as National Telecommunication’s Week.
3. Proclaim the month of April, 2009 as Mathematics Awareness 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:
Destination Management meetings of 12/10/08, 01/08/09, and 01/15/09
Traffic Safety Commission meeting of 03/02/09
Planning Commission meeting of 02/23/09
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) Approve the purchase of a John Deere 1445 mower and blade for Parks and Recreation Department from the John Deere Company for $17,869.82. Staff Memo & Attachments
b) Approve Change Order No. 8 to the construction contract with CAS Construction LLC for the Clinton Water Treatment Plant Expansion increasing the contract amount by $38,122.21. Staff Memo & Attachments
c) Approve selection of proposal from P1 Group, Inc. for the installation of an infrared heating and air exchange system for the Tire Shop in the amount of $18,500. Staff Memo
d) Award City Bid No. B09019, Project No. PW0905, 2009 Curb and Gutter Replacement Program to LRM Industries, Inc. in the amount of $439,394.55. Bid Memo & Attachments
e) Set bid date of April 28th, 2009 for Comprehensive Rehabilitation Program at 1025 New York St., 408 Yorkshire Dr., and 1909 Kasold Dr.
f) Award bids for mowing service for the Utilities Department to Brayden’s Lawn and Landscape for all areas for $46,474.25. Staff Memo & Attachments
g) Authorize the Public Works Street Division to enter into a three year lease agreement for three backhoes with The Victor L. Philips Company for a total cost of $105,364.39. Bid Memo
5. Adopt the following ordinance(s) on first reading:
a) Charter Ordinance No. 38, repealing Charter Ordinance No. 25 relating to the quorum of the Governing Body. Staff Memo & Attachments
b) Ordinance No. 8383, authorizing alcoholic beverages in the 8th Street Taproom, 801 New Hampshire, sidewalk hospitality area. Staff Memo & Attachments
c) Ordinance No. 8384, establishing the policy and procedures for economic development incentives, including tax abatements, for the City of Lawrence, Kansas; establishing requirements for companies receiving economic development incentives; repealing Ordinance No. 7706 and Chapter 1, Article 21 of the Code of the City of Lawrence, Kansas, 2009 Edition and amendments thereto. Staff Memo & Attachments
6. Adopt the following ordinance(s) on second and final reading:
a) Ordinance No. 8376 for text amendment TA-1-2-09 to amend Section 20-1301 of the Development Code to specifically identify the Director of Planning and Development Services as the Administrative Official Charged with Interpreting and Enforcing the Development Code. (PC Item 3; approved 7-0-1 on 2/23/09)
b) Ordinance No. 8377, amending the 2009 City of Lawrence adopted budget to include the 0.05% sales tax for transit.
c) Ordinance No. 8381, allowing the temporary possession and consumption, of alcoholic liquor at the Lawrence Public Library during the Lawrence Public Library Foundation fundraiser on Sunday evening April 19, 2009.
7. Adopt the following resolution(s):
a) Resolution No. 6829, authorizing City use of eminent domain authority for the Burroughs Creek Trail property acquisition and a survey of land to be condemned. Staff Memo & Attachments
8. Approve Text Amendment TA-1-1-09 amending various sections of Chapter 20 to reference the recently adopted Lawrence SmartCode which become effective on July 1, 2009. These amendments will not materially affect processes within the Development Code, but will instead reference the Lawrence SmartCode where necessary for certain processes and/or standards. Potential Articles that may require amending include, but may not be limited to, Article 1, 2, 6, 7, 10, 11, 13, 14 and 17. Adopt on first reading, Ordinance No. 8375 for Text Amendment TA-1-1-09 to amend various sections of Chapter 20 of the Development Code. (PC Item 2; approved 7-0 on 2/23/09) Staff Report Incorporation By Reference PC Minutes
9. Approve the following items related to Jackpot Saloon and Music Hall, 943 Massachusetts:
a) Approve Site Plan SP-12-112-08, for a sidewalk hospitality area for Jackpot Saloon, located at 943 Massachusetts Street. Submitted by Mike Myers of Hernly Associates, Inc. for Jack L Graham, Trustee, the property owner of record. Staff Report Site Plan
b) Approve sidewalk hospitality license. Staff Memo & Attachments
c) Adopt on first reading, Ordinance 8382, allowing possession and consumption of alcoholic beverages on certain city property pursuant to a Jackpot Saloon and Music Hall Sidewalk Dining License.
10. Initiate rezoning of approximately 320 acres at Lawrence Municipal Airport from GPI (General Public and Institutional) to IG (General Industrial) and refer to staff for placement on a future Planning Commission agenda. Staff Memo & Attachments Airport Development Areas - Added 03/31/09 Airspace Overlay District - Added 03/31/09
11. Approve unanimous recommendation from the Traffic Safety Commission to establish NO PARKING along the south side of Greever Terrace between Virginia Street and Louisiana Street except in the recessed area and adopt on first reading, Ordinance No. 8385, establishing NO PARKING along the south side of Greever Terrace between Virginia Street and Louisiana Street except in the recessed area. TSC Minutes - Item #3
12. Approve request from LandPlan Engineering, on the behalf of the property owner, for a variance from 19-214B of the code at Zarco 66, 2005 W. 9th Street. The code states that a private sanitary sewer service line shall not be located in a City public right-of-way for a length of greater than fifteen (15) feet. Staff Memo & Attachments
13. Approve request from Grob Engineering, on the behalf of the property owner, for a variance from 19-214B of the code at Lot 1A of Maple Lawn Addition at 1824 Barker Avenue. The code states that a private sanitary sewer service line shall not be located in a City public right-of-way for a length of greater than fifteen (15) feet. Staff Memo & Attachments
14. Authorize City participation in the Westar rate case currently pending before the Kansas Corporation Commission, in order to respond to concerns regarding the tariff concerning street lights. Staff Memo & Attachments
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. Receive recommendations from PTAC regarding transit route changes. Staff Memo & Attachments Powerpoint Presentation
ACTION: Approve route changes, if appropriate.
2. Receive recommendations of Mayor’s Climate Protection Task Force. Report Powerpoint Presentation Correspondence - Updated 03/31/09
ACTION: Receive report. Direct staff as appropriate.
3. Consider adopting on first reading, Ordinance No. 8378, allowing the keeping of chickens and ducks within the City limits. Consider initiating a Text Amendment to Section 20-502 of the Development Code to allow for the keeping of chickens and ducks within the City consistent with the provisions of Chapter III of the City Code. Staff Memo & Attachments
ACTION: Adopt on first reading, Ordinance No. 8378 and initiate a Text Amendment to Section 20-502 of the Development Code to allow for the keeping of chickens and ducks within the City consistent with the provisions of Chapter III of the City Code, if appropriate.
4. DEFERRED INDEFINITELY. Receive
comments from Steven Watts regarding the boundaries of the Oread Neighborhood
Association. Staff
Memo
ACTION: Direct
staff as appropriate.
5. Consider request for City approvals and support of the Tour of Lawrence, a bicycling event to be held in Downtown Lawrence on Saturday 07/04/09 and on the University of Kansas campus and surrounding neighborhoods on Sunday 07/05/09. Staff Memo & Attachments Correspondence
ACTIONS: a) Approve allocation of $5,000 from the Guest Tax Reserve Fund to the CVB in support of the Tour of Lawrence, if appropriate.
b) Approve a temporary use of right-of-way permit for the use of various city streets on July 4-5, 2009 for the Tour of Lawrence, pending receipt of proof of insurance, if appropriate.
c) Approve the donation of various city services in support of the Tour of Lawrence, if appropriate.
E. PUBLIC COMMENT:
F. FUTURE AGENDA ITEMS: Staff Memo & Attachments - Updated 03/31/09
G. COMMISSION ITEMS:
H. CALENDAR: Meeting List
1. Establish date and time for evaluation of City Manager.
2. Establish possible date for City Commission study session with the Community Commission on Homelessness (CCH) to discuss an interim/temporary emergency shelter after May 1, 2009. Due to the Salvation Army closing its emergency shelter effective May 1, 2009, the CCH is requesting the study session be held before May 1, 2009.
§ The April 7 City Commission Meeting will start at 5:00 p.m.
§ Kay Kent Excellence in Public Health Service Award, in conjunction with National Public Health Week Staff Appreciation, Wednesday, April 8, 12:00 – 1:00 p.m. Location: Community Health Facility, 200 Maine Street, Second Floor.
§ Friday, April 10, Police Recruit Graduation Ceremony, 6:00 p.m. (Social Hour), 6:45 p.m. (Invocation, dinner, and ceremony). Location: Maceli’s.
§ Peak Oil Task Force, Thursday, April 23, 4:00 p.m. Location: City Manager’s Conference Room, 4th Floor, City Hall.
§ Celebration of 14 years of Leadership at the University of Kansas in honor of Bob Hemenway, Saturday, May 2, 3:00 p.m. Location: Lied Center.
§ Governing Body Institute, May 8-9. Location: Capitol Plaza Hotel, 1717 SW Topeka Blvd. Brochure
§ Lawrence Municipal Airport 80th Birthday Celebration, May 16, 10:00 a.m. – 4:00 p.m. Location: Lawrence Municipal Airport.
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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 Plumbers and Pipe Fitters:
One position, held by Steve Burd, expires 04/30/09. Mr. Burd is eligible for reappointment to an additional term.
Community Development Advisory Committee:
(Formerly known as Neighborhood Resources Advisory Committee:
Two vacancies for the un-expired positions held by Roussel and Mangan expire 09/30/10. All positions are at-large positions. Terms for this board are for three years from date of previous term expiration.
One vacancy (Board of Directors) for an unexpired position (Johnson) which expires 09/30/09. Two vacancies, one for Advisory Council and one for Board of Directors, for positions that expired 09/30/08. Terms for this board are for three years from date of previous term expiration.
Mechanical Code Board of Appeals:
Two positions, Sparkes and Mohr, expire 03/31/09. Both are eligible for reappointment to additional terms.
One position, held by Ken McGovern, expires 04/30/09. Mr. McGovern is eligible for reappointment to an additional term.
One position, held by Terry Leibold, expires 04/30/09. Mr. Leibold is eligible for reappointment to an additional term.
Sales Tax Audit Committee:
The committee shall consist of five members who are all residents of the City. Two members shall serve an initial three year term, two members shall serve an initial two year term, and one member shall serve an initial one year term. After initial terms, committee members shall serve terms of three years.
Sustainability Advisory Board:
One vacancy for the un-expired position held by Paul Dietz, which expires 12/31/10.
Three positions, Ziegelmeyer, Woods and Miller, expire 04/30/09. Mr. Ziegelmeyer has served two consecutive terms and is not eligible for reappointment to an additional term. Mr. Woods and Mr. Miller are both eligible for reappointment to additional terms.