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CITY COMMISSION
MEETING AGENDA
November 1, 2016 – 5:45 p.m.
(Posted on webpage at 4:35 p.m. on 10/27/16)
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The City Commission reserves the right to amend, supplement, or re-order
the agenda during the meeting.
Updates:
11/01/16 @ 9:15 a.m.:
10/31/16 @ 1:10 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: Play Video >
1. Proclaim Thursday, November 10, 2016 as Celebrate Marine Corps Birthday.
2. Proclaim the month of November, 2016 as Alzheimer’s Awareness month.
B. CONSENT AGENDA: Play Video >
Consent Agenda items removed for separate vote:
Vice Mayor Soden requested removal of items 7(d) and 7(e) for a separate vote.
Dan Dannenberg, a member of the public, requested removal of item 9 for a separate vote.
Moved by Commissioner Boley, seconded by Commissioner Larsen, 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 10/18/16.
2. Receive minutes from various boards and commissions:
Affordable Housing Advisory Board meeting of 09/12/16
Bicycle Advisory Committee meeting of 07/18/16
Horizon 2020 Steering Committee meetings of 06/13/16 and 08/08/16
Lawrence Cultural Arts Commission meetings of 05/11/16, 06/08/16, 07/13/16, and 09/14/16
Parks and Recreation Advisory Board meeting of 10/11/16
Public Health Board meeting of 08/15/16
Traffic Safety Commission meeting of 08/01/16
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) Award Bid No. 1601, Project No. UT1514 - Harper Street, 15th Street to East Glenn Drive and 15th Street, Prospect Avenue to Lindenwood Lane Waterline Replacement, to M CON, LLC, in the amount of $525,285.00, and authorize the City Manager to execute the construction contract. Bid Memo & Attachments
b) Approve Change Order No. 1 with SAK Construction, LLC for Project No. UT1508 - 2015 Sanitary Sewer Rehabilitation, increasing the construction contract by $123,180.25 and 100 days. Staff Memo
c) Approve Change Order No. 1, in the amount of $141,549.16 to Nowak Construction Company, Inc. for construction of the Maple Street Pump Station – Project No. PW1133. Staff Memo & Attachments
7. Adopt on second and final reading, the following ordinances:
a) Ordinance No. 9297, annexing (A-16-00305) approximately 55 acres located at the SE corner of 31st and Michigan Streets.
b) Ordinance No. 9298, rezoning (Z-16-00306) approximately 30 acres from County A (Agricultural) District to RM15 (Multi-Dwelling Residential) District, located at the SE corner of 31st and Michigan Streets.
c) Ordinance No. 9299, rezoning (Z-16-00307) approximately 25.13 acres from County A (Agricultural) District to RM15-FP (Multi-Dwelling Residential with Floodplain Management Regulations Overlay) District, located at the SE corner of 31st and Michigan Streets.
d) Ordinance No. 9300, for Comprehensive Plan Amendment (CPA-16-00309) to Chapter 14 of Horizon 2020 to amend the Oread Neighborhood Plan Future Land Use Map. Revised Oread Neighborhood Plan Oread Residents Association letter – added 10/31/16 Staff response to Oread Residents Association letter – added 10/31/16
e) Ordinance No. 9301, rezoning (Z-16-00310) approximately .918 acres from RM32 (Multi-Dwelling Residential) District and U-KU (University of Kansas) District to RM32-PD (Multi-Dwelling Residential with Planned Development Overlay) District, located at 1029 and 1031 Mississippi Street and 0 Illinois Street. Oread Residents Association letter – added 10/31/16 Staff response to Oread Residents Association letter – added 10/31/16
Moved by Vice Mayor Soden, seconded by Commissioner Herbert, to defer adoption, on second and final reading, of Ordinance No. 9300 and Ordinance No. 9301. Motion carried unanimously.
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8. Authorize the City Manager to execute a Professional Services Agreement with WSP | Parsons Brinckerhoff for professional travel demand modeling technical assistance. Staff Memo
9. Approve bicycle signage policy as recommended by the Bicycle Advisory Committee for the future installation of “Bikes May Use Full Lane” and “3-Foot Passing” signs. Staff Memo & Attachments
Moved by Commissioner Boley, seconded by Commissioner Larsen, to approve bicycle signage policy as recommended by the Bicycle Advisory Committee for the future installation of “Bikes May Use Full Lane” and “3-Foot Passing” signs. Motion carried unanimously.
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10. Rescind the motion to adopt Resolution No. 7172 establishing the Transportation Commission carried at the October 18, 2016 City Commission meeting. Adopt amended Resolution No. 7172 establishing the Lawrence Transportation Commission. Staff Memo & Attachments
11. Authorize the City Manager to execute a License Agreement with Jared R. Simons, permitting him to reconstruct a parking area in the City’s Right of Way at 1503 and 1507 West 22nd Terrace in accordance with the terms and conditions of the License Agreement. Staff Memo & Attachments
12. Approve summary publications of regular ordinances in accordance with K.S.A. 12-3007, effective January 1, 2017. Staff Memo
13. Concur with the following recommendations from the Traffic Safety Commission:
a) Establish Traffic Calming on 24th Street between Crossgate Drive and Kasold Drive (TSC item #2; approved 6-0 on 8/1/16). Staff Memo & Attachments
b) Establish Reserved Parking for persons with disabilities in front of 832 Pennsylvania Street and adopt of first reading, Ordinance No. 9302, establishing Reserved Parking for persons with disabilities in front of 832 Pennsylvania Street (TSC item #3; approved 6-0 on 8/1/16). Staff Memo & Attachments
c) Deny the request to establish No Parking on the south side of Elm Street between 7th Street and 8th Street (TSC item #4; denied 6-0 on 8/1/16). Staff Memo & Attachments
14. Authorize the City Manager to execute a License Agreement for the use of Right-of-Way with the property owner of 415 Illinois Street, Benjamin P. Gleeson for the installation of drainage pipes. Staff Memo & Attachments
15. Authorize the Mayor to execute a 2016 Engagement Letter with Mize Houser & Company for Independent Financial Audit Services. Staff Memo & Attachments
16. Receive Bert Nash Community Mental Health Center 2016 2nd Quarter Performance Report. Report
17. Adopt the amended Citizen Participation Plan for the Community Development Block Grant (CDBG) and HOME Investment Partnership programs. Staff Memo & Attachments
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, if necessary. 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:
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.
1. Consider the following items related to a Neighborhood Revitalization Area at 826 Pennsylvania Street: Staff Memo & Attachments - updated 11/01/16 PowerPoint Presentation Play Video >
a) Receive request from Williams Management, LLC for a Neighborhood Revitalization Area (NRA) and Industrial Revenue Bond (IRB) financing for a mixed-use project at 826 Pennsylvania Street.
b) Receive recommendations from the Public Incentives Review Committee and the Affordable Housing Advisory Board.
c) Conduct public hearing on the establishment of a NRA at 826 Pennsylvania Street and consider adopting on first reading, Ordinance No. 9304, establishing the revitalization area and approving the NRA Plan, and consider adopting Resolution No. 7174, authorizing IRB financing for the purpose of accessing a sales tax exemption on project construction materials.
ACTION: Receive request from Williams Management, LLC for a NRA and IRB financing for a mixed-use project at 826 Pennsylvania Street and recommendations from the Public Incentives Review Committee and the Affordable Housing Advisory Board. Conduct public hearing and adopt on first reading, Ordinance No. 9304, establishing the revitalization area and approving the NRA Plan and adopt Resolution No. 7174, authorizing IRB financing, if appropriate.
Moved by Vice Mayor Soden, seconded by Commissioner Herbert, to open the public hearing. Motion carried unanimously.
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Moved by Commissioner Herbert, seconded by Commissioner Larsen, to close the public hearing. Motion carried unanimously.
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Moved by Commissioner Larsen, seconded by Vice Mayor Soden, to receive request from Williams Management, LLC for a NRA and IRB financing for a mixed-use project at 826 Pennsylvania Street and recommendations from the Public Incentives Review Committee and the Affordable Housing Advisory Board; and, adopt on first reading Ordinance No. 9304 establishing the revitalization area and approving the NRA Plan to include a maximum rebate amount of 50% and direct staff to examine mechanisms to place in the plan that would secure the affordability of the rental units for a period of 30 years; and, adopt Resolution No. 7174, authorizing IRB financing. Motion carried 4-1. Aye: Mayor Amyx, Vice Mayor Soden, Commissioner Boley, Commissioner Larsen. Nay: Commissioner Herbert.
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2. Open public hearing on the establishment of a Neighborhood Revitalization Area (NRA) at 800-815 Vermont Street for the Vermont Place project and consider deferring the public hearing to the December 6, 2016 City Commission meeting. Staff Memo Play Video >
ACTION: Open public hearing on the establishment of a NRA at 800-815 Vermont Street for the Vermont Place project and consider deferring the public hearing to the December 6, 2016 City Commission meeting, if appropriate.
Moved by Vice Mayor Soden, seconded by Commissioner Larsen, to open public hearing on the establishment of a NRA at 800-815 Vermont Street for the Vermont Place project and consider deferring the public hearing to the December 6, 2016 City Commission meeting. Motion carried unanimously.
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3. Consider approving changes to the court use policy at Sports Pavilion Lawrence, allowing use of all eight courts for a select number of large signature events/tournaments. Staff Memo & Attachments Library Plaza Skate Rink 2014-2015 - added 10/31/16 Library Plaza Skate Rink Statement of Revenue and Expenditures - added 10/31/16 Correspondence – added 11/01/16 Play Video >
ACTION: Approve changes to the court use policy at Sports Pavilion Lawrence, if appropriate.
Moved by Commissioner Herbert, seconded by Commissioner Boley, to approve changes to the court use policy at Sports Pavilion Lawrence; and, direct staff to include the use of all eight courts is not to exceed a maximum of 20 days per year and all other facilities will provide open play on the days the eighth court is unavailable. Motion carried 3-2. Aye: Commissioner Boley, Commissioner Herbert, Commissioner Larsen. Nay: Mayor Amyx, Vice Mayor Soden.
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4. Consider authorizing the City Manager to execute a two year concessions agreement with Sandbar Subs LLC, to be the concessions provider to the Parks & Recreation Department, beginning in November of 2016. Staff Memo Play Video >
ACTION: Authorize the City Manager to execute a two year concessions agreement with Sandbar Subs, LLC, if appropriate.
Moved by Commissioner Herbert, seconded by Commissioner Boley, to authorize the City Manager to execute a two year concessions agreement with Sandbar Subs, LLC. Motion carried unanimously.
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5. Consider extending the temporary stop at 6th Street and New Hampshire Street for the Greyhound Bus until January 15, 2017, at which time the Greyhound stop will need to cease using the City right-of-way at 6th and New Hampshire Street. Staff Memo & Attachments Play Video >
ACTION: Extend the temporary stop at 6th Street and New Hampshire Street for Greyhound Bus until January 15, 2017, if appropriate.
Moved by Commissioner Boley, seconded by Commissioner Larsen, to extend the temporary stop at 6th Street and New Hampshire Street for Greyhound Bus until January 15, 2017. Motion carried unanimously.
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6. Consider motion to recess into executive session for approximately 15 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 City Commission Room at the conclusion of the executive session.
Moved by Commissioner Boley, seconded by Commissioner Herbert, to approve motion to recess into executive session for approximately 15 minutes for the purpose of consultation with attorneys for the City deemed privileged in the attorney-client relationship at 10:00 p.m. Motion carried unanimously.
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The City Commission had nothing to report and took no action after the executive session.
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ACTION: Approve motion to recess into executive session for approximately 15 minutes for the purpose of consultation with attorneys for the City deemed privileged in the attorney-client relationship, if appropriate.
E. COMMISSION ITEMS: City Commission Work Plan Play Video >
F. CITY MANAGER’S REPORT: Report & Attachments Play Video >
Moved by Commissioner Boley, seconded by Commissioner Herbert, to move the November 8th City Commission meeting to 4:00 p.m. Motion carried unanimously.
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G. CALENDAR: Meeting List 2017 Meeting Schedule
· Commissioners are invited to attend a New Market Tax Credits Workshop, Tuesday, November 1, 9:00 a.m. – 12:00 p.m. Location: City Commission Room.
· K-10 South Trafficway East Leg Project Completion Celebration, Friday, November 4, 10:00 a.m. Location: New eastbound K-10 just east of E. 1750 Road. Invitation
· Phoenix Awards Ceremony, Sunday, November 6, 2:00 p.m. Location: Lawrence Arts Center, 940 New Hampshire.
· National League of Cities Summit Conference, November 16 – 19. Location: Pittsburgh, PA.
· 37th Basic Recruit Academy Graduation and Ceremony, Friday, November 18, 6:00 p.m. Location: Double Tree by Hilton, 200 McDonald Drive. INVITATION ONLY.
· City offices closed November 24-25 in observance of the Thanksgiving Holiday.
· City offices closed December 26 in observance of the Christmas Holiday.
· City offices closed January 2, 2017 in observance of New Year’s Day.
· Please note: In accordance with the ordinances adopted in 2016 regarding elections, there will be a City Commission meeting on Monday, January 9, 2017 instead of Tuesday, January 10, at which Mayor and Vice-Mayor elections will take place.
· City offices closed January 16, 2017 in observance of Martin Luther King, Jr. Day.
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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.
Affordable Housing Advisory Board
Three positions expire 12/31/16 and are all eligible for reappointment to additional terms.
Building Code Board of Appeals:
Four positions expire 11/30/16. Two positions are eligible for reappointment to additional terms and two positions (Architect and Contractor) will become vacant.
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. Four additional positions expire 09/30/16 and are eligible for reappointment to additional terms (one position is designated for low/mod area and three positions are at large positions).
Contractor Licensing Board:
One vacancy for a position that expired 12/31/15. This position is designated for an at-large position.
Douglas County Community Corrections Advisory Board:
One vacancy for a position that expired 05/31/16.
Douglas County Senior Services Board:
Two positions expire 12/31/16 and are both eligible for reappointment to additional terms.
Electrical Code Board of Appeals:
One vacancy for a position that expires 03/31/18 and is designated for a Journeyman Electrician. One vacancy for a position that expired 03/31/16. This position is designated for a representative from the Fire/Medical Department.
eXplore Lawrence:
One position expires 12/31/16 and is eligible for reappointment.
Homeless Issues Advisory Committee:
Three positions expire 12/31/16 and are all eligible for reappointment to additional terms.
Hospital Board:
One position expires 09/30/16 and will become vacant.
Jayhawk Area Agency on Aging:
One position on the Advisory Council expires 09/30/16 and is eligible for reappointment to an additional term.
Lawrence Alliance:
One vacancy for a position that expires 11/30/16. Five additional positions expire 11/30/16 and are all eligible for reappointment to additional terms.
Lawrence Douglas County Advocacy Council on Aging:
One vacancy for a position that expires 12/31/17. Five additional positions expire 12/31/16 and are all eligible for reappointment to additional terms.
Lawrence Douglas County Bicycle Advisory Committee:
Three positions expire 12/31/16 and are all eligible for reappointment to additional terms.
Mechanical Board of Appeals:
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 vacancy for a position that expires 04/30/18. This position is designated for a Master Plumber.
Parks & Recreation Advisory Board:
Three positions expire 12/31/16 and are all eligible for reappointment to additional terms.
Public Transit Advisory Committee:
Three positions expire 12/31/16. Two positions will become vacant and one position is eligible for reappointment to an additional term.
Sister Cities Advisory Board:
Five positions expire 12/31/16 and are all eligible for reappointment to additional terms.
Social Service Funding Advisory Board:
Two vacancies for positions that expired 08/31/16.
Sustainability Advisory Board:
Four positions expire 12/31/16 and are all eligible for reappointment to additional terms.
Traffic Safety Commission:
One vacancy for a position that expires 04/30/18.
Transient Guest Tax Grant Program Advisory Board:
One vacancy for a position designated for a person in the hotel industry.
Moved by Vice Mayor Soden, seconded by Commissioner Herbert, to adjourn at 10:20 p.m. Motion carried unanimously.
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