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CITY COMMISSION
MEETING AGENDA
July 5, 2016 – 5:45 p.m.
(Posted on webpage at 4:50 p.m. on 06/23/16)
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Update:
07/05/16 @ 1:15 p.m.:
07/01/16 @ 1:15 p.m.:
In order to be included as part of the agenda packet, written communications must be received by the City Manager’s Office by 12:00 p.m. on the day of the meeting. Communications received after 12:00 p.m. will be printed and given to the Commissioners at the meeting rather than being included as part of the online agenda. Please send correspondence electronically to bjwalthall@lawrenceks.org. If sending large attachments, please verify receipt by calling 785.832.3400.
A. RECOGNITION/PROCLAMATION/PRESENTATION:
1. None.
B. CONSENT AGENDA: Play Video >
Consent Agenda items removed for separate vote:
Vice Mayor Soden requested removal of items 6(e) and 11 for a separate vote.
Commissioner Larsen requested removal of items 10 and 15 for a separate vote.
Commissioner Herbert requested removal of item 2 for a separate vote.
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Moved by Commissioner Boley, seconded by Vice Mayor Soden, to approve the consent agenda as below. Motion carried unanimously.
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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 06/21/16.
REMOVED FOR SEPARATE VOTE:
2. Receive minutes from various boards and commissions:
Aviation Advisory Board meeting of 04/13/16
Bicycle Advisory Committee meeting of 04/18/16
Historic Resources Commission meeting of 05/19/16
Mental Health Board meeting of 03/29/16
Planning Commission meeting of 05/23/16
3. Approve all claims. The list of claims will be posted by the Finance Department on Monday prior to the meeting. If Monday is a holiday, the claims will be posted as soon as possible the next business day.
4. Approve licenses as recommended by the City Clerk’s Office.
5. Approve appointments as recommended by the Mayor.
6. Bid and purchase items:
a) Set a bid date of July 26, 2016, for Bid No. 1618, Project No. UT1517, El Dorado Drive, Bob Billings Parkway (east) to Bob Billings Parkway (west) Waterline Replacement Project. Staff Memo & Attachments
b) Approve purchase of 2016 Chevrolet Tahoe Pursuit Rated SUV for the Lawrence Douglas County Fire Medical Department, to Robert’s Chevrolet for $38,521, utilizing the KC Metro Cooperative purchasing contract. Bid Memo
c) Award Bid No. 1622, Project No. PW1601 – KLINK Iowa Street (U.S. 59 Highway) from north of 31st Street to south of 23rd Street - Mill and Overlay, to Hamm, Inc., for $790,867.15. Bid Memo & Attachments
d) Authorize the City Manager to execute a supplemental agreement with BG Consultants in the amount of $19,500.00 for the design of the necessary Utility Relocations (UT1505) related to the 23rd and Ousdahl Storm Sewer Project (PW1134). Staff Memo & Attachments
REMOVED FOR SEPARATE VOTE:
e) Authorize the City Manager to execute Change Order No. 2 with Crossland Heavy Contractors for the Clinton Water Treatment Plant Phase 1 Improvements Project No. UT1209 increasing the construction contract by $64,213.00 and 14 days. Staff Memo
f) Approve the purchase of five (5) used fixed-route vehicles as replacements for six (6) existing fixed-route transit vehicles for $11,900 each, or a total of $59,500 from Master’s Transportation, Inc. Funding for these vehicles will be provided by the State of Kansas Comprehensive Transportation Program and there is no local match required for these funds. Staff Memo & Attachments
g) Authorize the Parks and Recreation Department to make asphalt repairs to the parking lots at Clinton Lake Softball Complex, the Rotary Arboretum, and the Youth Sports Complex, and the roads at Memorial Park Cemetery, using unit pricing from the 2016 Microsurfacing, Patch, Overlay, and Concrete Maintenance Program, City Bid No. PW1612 awarded to Sunflower Paving Inc., using the Sales Tax Reserve to fund $50,000’s worth of repairs. Staff Memo
h) Authorize the Parks and Recreation Department to use the City Park Memorial Fund to fund a $24,100.00 mill and overlay project at the 8th and Oak Boat Ramp, using the unit price bid provided by Sunflower Paving Inc. from the 2016 Microsurfacing, Patch, Overlay, and Concrete Maintenance Program, City Bid No. PW1612. The City will be reimbursed by the Kansas Department of Wildlife, Parks & Tourism once the project is completed. Staff Memo
7. Adopt on first reading, the following Ordinances:
a) Ordinance No. 9261, amending Sections 9-412.1, 9-412.2, 9-412.3, 9-412.4, 9-412.6, and 9-413 of the Code of the City of Lawrence, Kansas, 2015 Edition, and amendments thereto, pertaining to the collection, removal, transportation, and disposal of solid waste. Staff Memo & Attachments
b) Ordinance No. 9265, amending Section 16-504 of the Code of the City of Lawrence, Kansas, 2015 Edition, and amendments thereto, pertaining to the equivalent residential unit (ERU) rate in determining the stormwater drainage charge and repealing existing Section 16-504. Staff Memo
8. Approve rezoning, Z-16-00145, approximately .78 acres from RM32 (Multi-Dwelling Residential) District to GPI (General Public and Institutional Use) District, located at 1220 Oread Avenue to accommodate replacing City water tanks. Submitted by the City of Lawrence, property owner of record. (PC Item 2; approved 9-0 on 6/20/16) Adopt on first reading, Ordinance No. 9263, to rezone (Z-16-00145) approximately .78 acres from RM32 (Multi-Dwelling Residential) District to GPI (General Public and Institutional Use) District, located at 1220 Oread Avenue. Staff Report Elevation View Site Plan Map of Area PC Minutes Historic Resources Letter
9. Approve rezoning, Z-16-00154, approximately 1.56 acres located at 706 E. 23rd Street from IG (General Industrial) District to CS (Strip Commercial) District, to accommodate a microbrewery. Submitted by Lockwood Craft Brewing, Co. LLC, for Lawrence Brothers LLC, property owner of record. (PC Item 4; approved 9-0 on 6/20/16) Adopt on first reading, Ordinance No. 9262, to rezone (Z-16-00154) approximately 1.56 acres located at 706 E 23rd St from IG (General Industrial) District to CS (Strip Commercial) District. Staff Report Map of Area Concept Plan PC Minutes
REMOVED FOR SEPARATE VOTE:
10. Initiate a Text Amendment to the Land Development Code regarding Public Notice Procedures. Staff Memo
REMOVED FOR SEPARATE VOTE:
11. Approve a 90 day extension of the 6th Street and New Hampshire turn out to service the Greyhound Bus Stop until September 28, 2016. Staff Memo & Attachments
12. Authorize the Mayor to execute Supplemental Agreement No. 5 with the Kansas Department of Transportation for reimbursement of state funds in the amount of $5,695.50, for 23rd Street Access Management Improvements at 2246 Ohio Street. Staff Memo & Attachments
13. Authorize staff to negotiate an Engineering Services Agreement with EmNet for the Wastewater Flow Optimization, Project No. UT1605. Staff Memo
14. Authorize the City Manager to execute the Third Amendment to Commercial Lease Agreement with Riverfront Plaza, L.L.C., extending the lease of office space for the Development Services Division at One Riverfront Plaza, Suite 110, through August 31, 2017. Staff Memo & Attachments
REMOVED FOR SEPARATE VOTE:
15. Authorize the City Manager to
execute a Lease Agreement with Community Wireless Communications Co., d/b/a
Wicked Broadband, permitting Wicked Broadband to lease five (5) ten
(10) miles of strands of dark fiber in the City’s Verizon conduit,
in accordance with the City’s Fiber Policy, but subject to an audit being done
on all existing agreements between the City and Wicked Broadband to ensure that
Wicked Broadband is in compliance with those agreements. Staff Memo - Revised 07/01/16 Lease Agreement -
Added 07/01/16
16. Authorize the Mayor to sign Releases of Mortgage for: Staff Memo
· Shirley Mae Walker, 2735 Maverick Lane;
· Kendra E. Hatfield, 1603 Bullene Avenue; and
· Roger A. Thomas and Irene H. Thomas, Ethel D. Unfred, Stephen C. Thomas and Virginia L. Thomas, 706 Lincoln Street.
Items Removed for Separate Vote:
2. Receive minutes from various boards and commissions: Play Video >
Aviation Advisory Board meeting of 04/13/16
Bicycle Advisory Committee meeting of 04/18/16
Historic Resources Commission meeting of 05/19/16
Mental Health Board meeting of 03/29/16
Planning Commission meeting of 05/23/16
Moved by Commissioner Boley, seconded by Commissioner Herbert, to receive minutes from various boards and commissions. Motion carried unanimously.
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6. Bid and purchase items:
e) Authorize the City Manager to execute Change Order No. 2 with Crossland Heavy Contractors for the Clinton Water Treatment Plant Phase 1 Improvements Project No. UT1209 increasing the construction contract by $64,213.00 and 14 days. Play Video >
Moved by Commissioner Herbert, seconded by Commissioner Boley, to authorize the City Manager to execute Change Order No. 2 with Crossland Heavy Contractors for the Clinton Water Treatment Plant Phase 1 Improvements Project No. UT1209 increasing the construction contract by $64,213.00 and 14 days. Motion carried unanimously. Play Video >
10. Initiate a Text Amendment to the Land Development Code regarding Public Notice Procedures Play Video >
Moved by Commissioner Boley, seconded by Commissioner Herbert, to initiate a Text Amendment to the Land Development Code regarding Public Notice Procedures. Motion carried unanimously. Play Video >
11. Approve a 90 day extension of the 6th Street and New Hampshire turn out to service the Greyhound Bus Stop until September 28, 2016. Play Video >
Moved by Vice Mayor Soden, seconded by Commissioner Herbert, to approve a 90 day extension of the 6th Street and New Hampshire turn out to service the Greyhound Bus Stop until September 28, 2016. Motion carried unanimously. Play Video >
15. Authorize the City Manager to execute a Lease Agreement with Community Wireless Communications Co., d/b/a Wicked Broadband, permitting Wicked Broadband to lease five (5) miles of strands of dark fiber in the City’s Verizon conduit, in accordance with the City’s Fiber Policy, but subject to an audit being done on all existing agreements between the City and Wicked Broadband to ensure that Wicked Broadband is in compliance with those agreements. Play Video >
Moved by Commissioner Herbert seconded by Vice Mayor Soden, to authorize the City Manager to execute a Lease Agreement with Community Wireless Communications Co., d/b/a Wicked Broadband, permitting Wicked Broadband to lease five (5) miles of strands of dark fiber in the City’s Verizon conduit, in accordance with the City’s Fiber Policy, but subject to an audit being done on all existing agreements between the City and Wicked Broadband to ensure that Wicked Broadband is in compliance with those agreements. Motion carried unanimously.
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C. PUBLIC COMMENT: Play Video >
ADDRESSING THE COMMISSION: The public is allowed to speak to any items or issues that are not scheduled on the agenda after first being recognized by the Mayor. As a general practice, the Commission will not discuss/debate these items, nor will the Commission make decisions on items presented during this time, rather they will refer the items to staff for follow up. 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.
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. Presentation by Tenants to Homeowners of a monetary donation to the Affordable Housing Trust Fund. Staff Memo & Attachments Play Video >
ACTION: Accept monetary donation for the Affordable Housing Trust Fund from Tenants to Homeowners, if appropriate.
Moved by Commissioner Herbert, seconded by Vice Mayor Soden, to accept monetary donation for the Affordable Housing Trust Fund from Tenants to Homeowners. Motion carried unanimously.
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2. Consider adopting on first reading, Ordinance No. 9266, concerning the penalties for certain overtime parking violations. Staff Memo & Attachments Meter Revenue Data Memo Correspondence - Added 07/05/16 Play Video >
Moved by Commissioner Boley, seconded by Vice Mayor Soden, to adopt on first reading, Ordinance No. 9266, concerning the penalties for certain overtime parking violations. Aye: Vice Mayor Soden, Commissioner Boley, Commissioner Herbert and Commissioner Larsen. Nay: Mayor Amyx. Motion carried 4-1.
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ACTION: Adopt on first reading, Ordinance No. 9266, concerning the penalties for certain overtime parking violations, if appropriate.
3. Receive reconsideration request from Robert Schumm for economic development assistance to support a mixed-use development to be located at 815 Vermont Street. Staff Memo & Attachments Tenants to Homeowners Letter Play Video >
ACTION: Receive request and refer to staff for analysis, specifying the Neighborhood Revitalization Area rebate percentage level and duration that can be examined, and refer request to the Public Incentives Review Committee for review and recommendation, if appropriate.
Moved by Vice Mayor Soden, seconded by Commissioner Boley, to receive request; refer to staff for gap analysis, specifying the Neighborhood Revitalization Area rebate percentage level and duration that can be examined; require the applicant to enter into a funding agreement with the City to cover the cost of gap analysis; and, refer request to the Affordable Housing Advisory Board and Public Incentives Review Committee for review and recommendation. Aye: Mayor Amyx, Vice Mayor Soden, Commissioner Boley and Commissioner Larsen. Nay: Commissioner Herbert. Motion carried 4-1.
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4. Receive request from Adam Williams for economic development assistance to support a mixed-use development to be located at 820-826 Pennsylvania Street. Staff Memo & Attachments Play Video >
ACTION: Receive request and refer to staff for analysis, specifying the Neighborhood Revitalization Area rebate percentage level and duration that can be examined, and refer request to the Public Incentives Review Committee for review and recommendation, if appropriate.
Moved by Vice Mayor Soden, seconded by Commissioner Larsen, to receive request; refer to staff for gap analysis, specifying the Neighborhood Revitalization Area rebate percentage level and duration that can be examined; require the applicant to enter into a funding agreement with the City to cover the cost of gap analysis; and, refer request to the Affordable Housing Advisory Board and Public Incentives Review Committee for review and recommendation. Motion carried unanimously.
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After a short break, the City Commission resumed its regular meeting
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Tom Markus, City Manager, provided an update on an injured police officer. Play Video >
5. Receive report by the Sustainability Action Network on Bicycle Transportation and the Lawrence Budget. PowerPoint Presentation Comments on 2014 Budget Comments on 2015 Budget Transcript of 11/23/15 meeting Play Video >
ACTION: Receive report.
6. Consider motion to recess into executive session for approximately 50 minutes for the purpose of consultation with attorneys for the City deemed privileged in the attorney-client relationship. The justification for the executive session is to keep attorney-client matters confidential at this time. The City Commission will resume its regular meeting in the Commission Room upon completion of the executive session. Play Video >
ACTION: Approve motion to recess into executive session for approximately 50 minutes, if appropriate.
Moved by Commissioner Herbert, seconded by Commissioner Boley, to recess into executive session at 8:18 for the purpose of consultation with attorneys for the City deemed privileged in the attorney-client relationship. Motion carried unanimously.
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It was moved by Commissioner Soden, seconded by Commissioner Larsen to approve the consent agenda as below. Motion carried unanimously.
Moved by Vice Mayor Soden, seconded by Commissioner Boley, to extend the executive session for an additional 5 minutes.
The regular meeting reconvened at 9:15 p.m. The City Commission had nothing to report and took no action after the executive session.
E. COMMISSION ITEMS: City Commission Work Plan Play Video >
F. CITY MANAGER’S REPORT: Report & Attachments Play Video >
G. CALENDAR: Meeting List Budget Calendar Play Video >
· City offices are closed Monday, July 4, in observance of the Independence Day holiday.
· City Commission Budget Work Session, Tuesday, July 12, 3:00 p.m. Location: City Commission Room.
· Public Incentives Review Committee Subcommittee meeting, Thursday, July 14, 10:00 a.m. Location: City Commission Room.
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*dates in bold indicate City Commission meeting date
H. 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 to volunteer online, or send a letter of interest to the Mayor, P.O. Box 708, Lawrence, KS 66044.
Building Code Board of Appeals:
One position expires 11/30/18. This position is designated for an Engineer.
Citizen Advisory Board for Fair and Impartial Policing:
One vacancy for a position that expired 03/01/16.
Community Development Advisory Committee:
Two vacancies for positions that expire 09/30/17 and 09/30/18. These positions are designated for low/mod areas.
Two vacancies for positions that expired 12/31/15. These positions are designated for an at-large position and general contractor position. One vacancy for a position that expires 12/31/18. This position is designated for an architect/engineer.
Douglas County Community Corrections Advisory Board:
One vacancy for a position that expired 05/31/16.
Electrical Code Board of Appeals:
Two vacancies for positions that expires 03/31/18. One position is designated for a Journeyman Electrician and the other position is designated for an Electrical Contractor. One vacancy for a position that expired 03/31/16. This position is designated for a representative from the Fire/Medical Department. One position expired 03/31/16 and is eligible for reappointment to an additional term. This is an at-large position.
One vacancy for a position that expired 01/31/16.
Historic Resources Commission:
One vacancy for a position that expired 03/01/16. This position is designated for an architect.
One vacancy for a position that expires 09/30/17.
Joint Economic Development Council:
One vacancy for a position that expired 10/31/15.
One vacancy for a position that expired 11/30/15. One additional position expired 11/30/15 and is eligible for reappointment to an additional term. Two vacancies for positions that expire 11/30/16.
Lawrence Douglas County Advocacy Council on Aging:
One vacancy for a position that expires 12/31/17.
One vacancy for a position that expired 03/31/16.
Plumbing Code Board of Appeals:
One vacancy for a position that expired 04/30/16. This position is designated for a Journeyman Plumber. One position expired 04/30/16 and is eligible for reappointment to an additional term. This position is designated for a contractor. One vacancy for a position that expires 04/30/18. This position is designated for a Master Plumber.
Public Transit Advisory Committee:
One vacancy for a position that expired 12/31/15.
One vacancy for a position that expires 04/30/18.
Moved by Vice Mayor Soden, seconded by Commissioner Herbert, to adjourn at 9:24 p.m. Motion carried unanimously.
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