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CITY COMMISSION

MEETING AGENDA

April 18, 2017 – 5:45 p.m.

(Posted on webpage at 5:15 p.m. on 04/13/17)

(10MB files take approximately 45 seconds to open)

 

City Commission Room, First Floor of City Hall

6 East 6th Street

 

Updates:

04/18/17 @ 1:40 p.m.:

·         Deferred at applicant’s request, Regular Agenda Item No. 3 – Consider funding request from the Lawrence Community Shelter.

 

04/14/17 @ 2:20 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 the week of April 24 – 28, 2017 as The Week of the Young Child.

 

2.       Proclaim the week of April 24 -28, 2017 as Tree City USA Week and Friday, April 28, 2017 as Arbor Day.

 

3.       Proclaim the month of April, 2017 as the 30th Anniversary of Pelathe District Boy Scouts, Scouting for Food.

 

4.       Proclaim the City of Lawrence, Kansas as a Hidden Heroes City.

 

 

B.        CONSENT AGENDA: Play Video >

Moved by Mayor Soden, 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 04/04/17 and 04/11/17.

 

2.       Receive minutes from various boards and commissions:

 

Planning Commission meeting of 02/22/17

 

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 (updated 04/14/17) as recommended by the Mayor.

 

6.       Bid and purchase items:

 

a)       Award Bid No. 1718, Project No. UT1307 - Oread Storage Tank and Booster Pump Station Replacement Project and Project No. UT1310 - 19th and Kasold Booster Pump Station Replacement Project, to Crossland Heavy Contractors in the amount of $4,313,000, and authorize the City Manager to execute the contract.  Authorize the City Manager to execute Supplemental Agreement No.3 in the amount of $548,225, to the Engineering Services Agreement with HDR, Inc., for construction phase engineering services for Project No. UT1307 - Oread Storage Tank and Booster Pump Station Project and Supplemental Agreement No. 2, in the amount of $107,630, to the Engineering Services Agreement with HDR, Inc., for Project No. UT1310 – 19th and Kasold Booster Pump Station Replacement Project.   Bid Memo & Attachments

 

7.       Adopt on first reading, the following ordinances:

 

a)       Ordinance No. 9346, which amends the Electrical Code (Chapter V, Article 4) to allow non-metallic cable as a wiring method for multi-family dwellings exceeding three stories in height; and to require increased fire protection by expanding the scope of branch wiring being protected with arc-fault circuit-interrupters.   Staff Memo & Attachments

 

8.       Adopt on second and final reading, the following ordinances:

 

a)       Ordinance No. 9343, allowing the sale, possession and consumption of alcohol in the public right-of-way of the 300 block of west 7th Street on Saturday, April 29, from 8:00 a.m. – 10:00 p.m. in Watson Park for the Rockin’ Red Music Fest event.

 

b)       Ordinance No. 9344, allowing the sale, possession and consumption of alcohol on Sunday, May 14, 2017 from 10:00 a.m. to 5:00 p.m. in South Park and on Massachusetts Street between North Park and South Park Streets associated with the 2017 Art in the Park Event (rain date); provided the sale, possession and consumption are pursuant to City of Lawrence and State of Kansas law.

 

c)       Ordinance No. 9345, allowing the sale, possession and consumption of alcohol in the public right-of-way on Saturday September 30, 2017 on Massachusetts Street between North Park Street and South Park Street, from 6:00 a.m. – 6:00 p.m. for the Hot Rod Hullabaloo event.

 

d)       Ordinance No. 9347, allowing the sale, possession and consumption of alcohol in the public right-of-way on Saturday, October 7, 2017, on E. 7th Street, from New York Street to the southern property line of Van Go (715 New Jersey Street), from 12:00 p.m. – 11:59 p.m., for the Dinner on the Curve event. 

 

9.       Adopt Resolution No. 7197 authorizing the Mayor to execute an application for the 2017 Emergency Solutions Grant from the State of Kansas.   Staff Memo & Attachments

 

10.     Approve a Special Event Permit, SE-17-00173, for a fundraiser for LINK (Lawrence Interdenominational Nutrition Kitchen) featuring live music located at Bullwinkles, 1344 Tennessee, on April 27, 2017.  Submitted by Sorrentino Investments LLC, property owner of record.   Staff Memo & Attachments

 

11.     Approve a Special Event Permit, SE-17-00181, for a Cinco de Mayo event located at 707 W. 23rd Street, on May 5, 2017.  Submitted by Mi Ranchito, for Malls Investment Co LLC, property owner of record.  Staff Memo & Attachments

 

12.     Approve the following items related to Alvamar development:

 

a)       Rezone (Z-17-00009) approximately 1.418 acres from RS7 (Single-Dwelling Residential) District and PUD (Planned Unit Development) District to RM24-PD (Multi-Dwelling Residential-Planned Development) District, located at 2021 Crossgate Drive. (1809 Birdie Way, Lot 1 Alvamar Inc. one Addition)  Submitted by Paul Werner Architects for Eagle 1968 LC, property owner of record.  Adopt on first reading, Ordinance No. 9339, to rezone (Z-17-00009) approximately 1.418 acres from RS7 (Single-Dwelling Residential) District and PUD (Planned Unit Development) District to RM24-PD (Multi-Dwelling Residential-Planned Development) District, located at 2021 Crossgate Drive. (1809 Birdie Way, Lot 1 Alvamar Inc. one Addition) (PC item 1A; approved 10-0 on 3/15/17)   Staff Memo & Attachments

 

b)       Rezone (Z-17-00011) approximately .558 acre from PUD (Planned Unit Development) District to RM24-PD (Multi-Dwelling Residential-Planned Development) District, located at 2021 Crossgate Drive. (1575 Birdie Way, Lot 2 Alvamar Inc. one Addition) Submitted by Paul Werner Architects for Eagle 1968 LC, property owner of record. Adopt on first reading, Ordinance No. 9340, to rezone (Z-17-00011) approximately .558 acre from PUD (Planned Unit Development) District to RM24-PD (Multi-Dwelling Residential-Planned Development) District, located at 2021 Crossgate Drive. (1575 Birdie Way, Lot 2 Alvamar Inc. one Addition) (PC item 1B; approved 10-0 on 3/15/17)    Staff Memo & Attachments

 

c)       Revised Final Development Plan, FDP-17-00028, for Alvamar Lot 1, located at 1809 Birdie Way for the addition of an 8,200 SF multi-purpose building. Submitted by Paul Werner Architects, for Eagle 1968 LC, property owner of record. (PC item 1C; approved 10-0 on 3/15/17)   Staff Memo & Attachments

 

d)       Revised Final Development Plan, FDP-17-00029, for Alvamar Lot 2, located at 1575 Birdie Way for the relocation of the apartment clubhouse and pool area. Submitted by Paul Werner Architects, for Alvamar Apartments LC, property owner of record. (PC item 1D; approved 10-0 on 3/15/17)   Staff Memo & Attachments

 

13.     Approve a Preliminary Development Plan, PDP-17-00008, for Mt. Blue Addition, Lot 1 and Mt. Blue Addition No. 2, Lot 9 to accommodate a gun range and retail store, located at 2350 Franklin Road. Submitted by Paul Werner Architects on behalf of Ace Self-Storage LLC, property owner of record. (PC item 3; approved 10-0 on 3/15/17)   Staff Memo & Attachments

 

14.     Approve a Text Amendment, TA-16-00388, to the City of Lawrence Land Development Code, Articles 4, 5, & 17, regarding Funeral and Interment Services as defined in Section 20-1729. The requested amendment would allow Columbariums as Accessory Uses to established Religious Assembly Institutions. Submitted by Corpus Christi Catholic Church. Initiated by City Commission on 9/20/16.  Adopt on first reading, Ordinance No. 9341, for a Text Amendment (TA-16-00388) to the City of Lawrence Land Development Code, Articles 4, 5, & 17, regarding Funeral and Interment Services as defined in Section 20-1729. The requested amendment would allow Columbariums as Accessory Uses to established Religious Assembly Institutions. (PC Agenda Item 5; approved 10-0 on 3/15/17)   Staff Memo & Attachments

 

15.     Approve the Lawrence Cultural Arts Commission Community Arts Grants as recommended by the Lawrence Cultural Arts Commission.   Staff Memo

 

16.     Approve change in the time for the May 9, 2017 City Commission meeting from 5:45 p.m. to 3:00 p.m.   Staff Memo

 

17.     Authorize the Mayor to sign a letter of support for the Lawrence Public Library, for a grant application to install a solar photovoltaic array on the roof of the library and to provide some educational displays about solar energy and sustainability.   Staff Memo & Attachments

 

18.     Authorize the Mayor to sign a letter written by the Mayors National Climate Action Agenda to President Trump, urging the President to reconsider his actions to dismantle efforts to address climate change.   Staff Memo & Attachments

 

19.     Approve as signs of community interest, a request from the Lawrence Home Builders Association to display temporary directional signs on private property at various locations throughout the City to promote their Spring Parade of Homes event.  The signs will be placed the morning of April 29, 2017, and removed no later than May 7, 2017.   Staff Memo & Attachments

         

20.     Authorize the Mayor to sign a Mortgage Subordination for Paul and Jean Ackerman, 2123 Marvonne Road.   Staff Memo

 

 

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:           Play Video >

 

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 the 12th & Oread Tax Increment Financing District Redevelopment Agreement:   Staff Memo & Attachments

 

a)       Consider authorizing the Mayor to execute a Settlement Agreement and Mutual Release in substantially the form of the attached agreement resolving the lawsuit, City of Lawrence, Kansas v. Thomas Fritzel, Oread Inn, LC, Oread Wholesale, LC, DFC Company of Lawrence, LC, and John Doe 1-12, Case No. 16-cv-02800

 

ACTION:      Authorize the Mayor to execute a Settlement Agreement and Mutual Release, if appropriate.

 

b)       Consider authorizing the Mayor to execute the First Amendment to the 12th & Oread Tax Increment Financing District Redevelopment Agreement, in substantially the form of the attached First Amendment.

 

 

ACTION:        Authorize the Mayor execute the First Amendment to the 12th & Oread Tax Increment Financing District Redevelopment Agreement, if appropriate.

Moved by Mayor Soden, seconded by Commissioner Amyx, to authorize the Mayor to execute a Settlement Agreement and Mutual Release. Motion carried unanimously.
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Moved by Commissioner Amyx, seconded by Commissioner Herbert, to authorize the Mayor execute the First Amendment to the 12th & Oread Tax Increment Financing District Redevelopment Agreement. Motion carried unanimously.
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2.       Consider the following items related to Transit:   Play Video >

 

a)       Receive presentation on the Transit Comprehensive Operations Analysis.  Staff Memo & Attachments   Memo from Mayor Soden

 

ACTION:      Accept the study, if appropriate.

Moved by Commissioner Herbert, seconded by Commissioner Larsen, to accept the study. Motion carried unanimously.
Play Video >

b)       Consider authorizing the City Manager to execute a Professional Services Agreement with a firm to conduct a Transit Center Location Analysis.   Staff Memo & Attachments - Updated 04/14/17    Play Video >

 

ACTION:      Authorize the City Manager to execute the agreement, if appropriate.

No action was taken on item 2b.
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3.       DEFERRED AT APPLICANT’S REQUEST.   Consider funding request from the Lawrence Community Shelter.   Staff Memo & Attachments - Updated 04/14/17

 

ACTION:      Direct staff as appropriate.

 

4.       Consider request to proceed with bidding and construction of the first two phases of the Eagle Bend Pro Shop Addition and authorize staff to negotiate a partnership agreement between the Kansas Golf Association and Eagle Bend Golf Course.   Staff Memo & Attachments   Correspondence - Added 04/14/17 Play Video >

 

ACTION:      Direct staff as appropriate.

Moved by Mayor Soden, seconded by Commissioner Amyx, to direct staff to proceed with bidding of the first two phases of the Eagle Bend Pro Shop Addition; and, authorize staff to negotiate a partnership agreement between the Kansas Golf Association and Eagle Bend Golf course; and, direct staff to place bid results and draft agreement on a future agenda for consideration by the Commission; and, direct staff to move the Eagle Bend Pro Shop Addition Project to a later year in the 5 year Capital Improvement Program. Motion carried unanimously.
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E.         COMMISSION ITEMS: Play Video >

 

 

F.         CITY MANAGER’S REPORT:          Report & Attachments Play Video >

 

 

G.        CALENDAR:   Meeting List   2018 Budget Calendar Play Video >

 

·         Fifty years of fair housing in Lawrence, Saturday, April 15, 2:00 – 4:00 p.m.  Location:  Carnegie Building, Heritage Room, 9th and Vermont Streets.   Flyer

 

·         Public Incentives Review Committee meeting, Monday, April 17, 9:30 a.m.  Location:  City Commission Room, First Floor of City Hall.

 

·         Solar Works Open House by Prosoco, Inc., featuring Antonio Soave, Kansas Secretary of Commerce, Tuesday, April 18, 9:30 – 11:00 a.m.  Location:  Build SMART, 3701 Greenway Circle.

 

·         The City Commission meeting scheduled for Tuesday, July 4 is canceled due to it being a holiday.  The July 11 meeting will be a regular City Commission meeting and there will NOT be a work session meeting in July.

 

 

 

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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

One vacancy for a position that expired 12/31/16.  This position is designated for a person who is a current or former resident of subsidized housing.

 

Aviation Advisory Board

One position expires 05/31/17.

 

Citizen Advisory Board for Fair and Impartial Policing:

One vacancy for a position that expired 03/01/16 and one vacancy for a position that expires 03/01/19. Two positions expire 03/01/17 and are eligible for reappointment to additional terms.

 

Douglas County Community Corrections Advisory Board:

One vacancy for a position that expired 05/31/16. One position expires 05/31/17 and is eligible for reappointment to additional terms.

 

Douglas County Senior Services Board:

One vacancy for a position that expired 12/31/16.

 

Electrical Code Board of Appeals:

One vacancy for a position that expires 03/31/18 and is designated for a Journeyman Electrician. Three positions expire 03/31/17, with one position (Electrical Contractor) becoming vacant, and two positions (at-large rep/Journeyman Electrician) will be eligible for reappointment to additional terms.

 

Historic Resources Commission:

One position expired 03/01/17 and is designated for a Historian.

 

Lawrence Douglas County Metropolitan Planning Commission:

One position expires 05/31/17 and is eligible for reappointment to additional terms.

 

Mechanical Board of Appeals:

Two positions expire 03/31/17, with one position becoming vacant and one position eligible for reappointment to an additional term.

 

Mental Health Board:

One position expires 04/30/17 and will become vacant.

 

Plumbing Code Board of Appeals:

One vacancy for a position that expires 04/30/18 and is designated for a Master Plumber. One position expires 04/30/17 and is eligible for reappointment to an additional term. This position is designated for a Plumbing Contractor.

 

Sister Cities Advisory Board:

One position expired 12/31/16. 

Moved by Commissioner Herbert, seconded by Commissioner Larsen, to adjourn at 10:14 p.m. Motion carried unanimously.
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