CITY COMMISSION

MEETING AGENDA

May 16, 2017 – 5:45 p.m.

(Posted on webpage at 4:30 p.m. on 05/11/17)

(10MB files take approximately 45 seconds to open)

 

City Commission Room, First Floor of City Hall

6 East 6th Street

 

The City Commission reserves the right to amend, supplement, or re-order

the agenda during the meeting.

 

Updates:

05/16/17 @ 2:15 p.m.:

 

05/15/17 @ 3:15 p.m.:

 

05/12/17 @ 1:35 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 May 21 – 27, 2017 as Public Works Week.

 

2.       Proclaim the month of May, 2017 as Mental Health Month

 

3.       Proclaim Friday, June 2, 2017 as National Gun Violence Awareness Day.

 

 

B.        CONSENT AGENDA:

Moved by Commissioner Amyx, seconded by Commissioner Herbert, 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 05/09/17.

 

2.       Receive minutes from various boards and commissions:

 

Lawrence Cultural Arts Commission meetings of 01/08/17, 02/08/17, and 03/08/17

Parks & Recreation Advisory Board meetings of 02/14/17, 03/14/17, and 04/11/17

Public Transit Advisory Committee meeting of 03/13/17

Sister Cities Advisory Board meetings of 01/11/17 and 02/08/17

Sustainability Advisory Board meetings of 01/11/17, 02/18/17, and 03/08/17

Transportation Commission meetings of 02/06/17, 03/06/17, and 04/03/17

 

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 as recommended by the Mayor.

 

6.       Bid and purchase items:

 

a)       Approve the purchase of 3,500 tons of de-icing salt from Central Salt, in the amount of $153,965 ($43.99 per ton), utilizing Douglas County’s Cooperative Bid No. 17-F-0013.   Bid Memo & Attachments

 

b)       Award Bid No. 1736, Project No. UT1513 -  Naismith Drive and Crescent Road Street, Sidewalk, Storm Sewer and Sanitary Sewer Improvements to Freeman Concrete Construction, in the amount of $669,031, and authorize the City Manager to execute the construction contract.   Bid Memo & Attachments

 

7.       Adopt on first reading, the following ordinances:

 

a)       Ordinance No. 9356, allowing the sale, possession and consumption of alcohol in the public right-of-way on Friday, August 11, 2017 and Saturday, August 12, 2017 from 4:00 p.m. to 11:59 p.m. in the 100 block of E. 8th Street for the Sandbar “birthday bash” block party event.   Staff Memo & Attachments

 

b)       Ordinance No. 9357, establishing no parking on both sides of George Williams Way, from 6th Street north to Rock Chalk Parkway (private street) and establishing no parking on both sides of Rock Chalk Drive from George Williams Way to E. 902 Road.   Staff Memo & Attachments

 

8.       Adopt the following resolutions:

 

a)       Resolution No. 7205, authorizing the issuance of General Obligation Bonds in the amount of $400,000 for Project No. PW1619 – 2016/2017 Traffic Calming (CIP# PW17E8).    Staff Memo & Attachments

 

b)       Resolution No. 7207, establishing Tuesday, June 6, 2017, for a public hearing on the creation of a benefit district for the construction of Queens Road and the signalization of the intersection at 6th Street and Queens Road.   Staff Memo & Attachments

 

9.       Accept vacation of easement and dedication of right-of-way associated with the Mercato Final Plat, PF-17-00182, located at 6200 W. 6th Street. Submitted by Landplan Engineering, for Kentucky Place LC, JDS Kansas LC, Venture Properties Inc., Tat Land Holding Co LC, Sojac Land Company LC, Scotsdale Properties LC, property owners of record.   Staff Memo & Attachments - Updated 05/15/17

 

10      Approve Second Amendment to Cooperation Agreement between the City of Lawrence, Kansas, and the University of Kansas in association with providing enhanced notice to surrounding property owners for projects within 150 feet of the University’s boundary as identified in the agreement.   Staff Memo & Attachments

 

11      Approve rezoning, Z-17-00087, approximately .52 acre from RM12 (Multi-Dwelling Residential) District and RS5 (Single-Dwelling Residential) District to CS (Strip Commercial) District, located at 508 Michigan. Submitted by The Johnson Group, for Jesson S. Ross, property owner of record.  Adopt on first reading, Ordinance No. 9355, rezoning (Z-17-00087) approximately .52 acre from RM12 (Multi-Dwelling Residential) District and RS5 (Single-Dwelling Residential) District to CS (Strip Commercial) District, located at 508 Michigan. (PC Item 4; approved 10-0 on 4/24/17)   Staff Memo & Attachments

 

12.     Approve rezoning, Z-17-00083, approximately .464 acre from RSO (Single-Dwelling Residential-Office) District to RM32 (Multi-Dwelling Residential) District, located at 1816 and 1822 W. 24th Street. Submitted by Paul Werner Architects, for Cherry Hill Properties LLC, property owner of record.  Adopt on first reading, Ordinance No. 9354, rezoning (Z-17-00083) approximately .464 acre from RSO (Single-Dwelling Residential-Office) District to RM32 (Multi-Dwelling Residential) District, located at 1816 and 1822 W. 24th Street. (PC Item 6; approved 10-0 on 4/24/17)    Staff Memo & Attachments

 

13.     Accept vacation of utility easement and dedication of new utility easement associated with Final Plat, PF-17-00161, for Alvamar Inc. One Addition No. 2. Submitted by Paul Werner Architects, for Eagle 1968 and Alvamar Apartments LC, property owners of record.    Staff Memo & Attachments

 

14.     Adopt the 2017 Action Plan and Investment Summary of the 2013-2017 Consolidated Plan, and adopt Resolution No. 7204, authorizing the Mayor to execute the agreements for the 2017 CDBG and HOME 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.       Receive draft Ordinance No. 9324 pertaining to a Community Police Review Board.   Staff Memo & Attachments Play Video >

 

ACTION:      Direct staff as appropriate.

 

2.       Conduct a public hearing regarding blighted conditions of the property located at 2719 Rawhide Lane, and consider adopting Resolution No. 7206, requiring the property owner to abate the property within 20 days of adoption and further directs the City to abate the violations if the property owner fails to abate as ordered.   Staff Memo & Attachments Play Video >

ACTION:      Conduct public hearing.  Adopt Resolution No. 7206, requiring the property owner to abate the cited Property Maintenance Code violations within 20 days of adoption and directing the City to abate the violations if the property owner fails to abate as ordered, if appropriate.

Moved by Commissioner Amyx, seconded by Vice Mayor Boley, to open the public hearing. Motion carried unanimously.
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Moved by Commissioner Amyx, seconded by Commissioner Larsen, to close the public hearing. Motion carried unanimously.
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Moved by Commissioner Amyx, seconded by Commissioner Larsen, to adopt Resolution No. 7206, requiring the property owner to abate the cited Property Maintenance Code violations within 20 days of adoption and directing the City to abate the violations if the property owner fails to abate as ordered. Aye: Vice Mayor Boley, Commissioner Amyx, Commissioner Larsen. Nay: Mayor Soden. Motion carried 3-1.
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3.       Conduct a public hearing and consider approving a distance limitation waiver regarding a drinking establishment license for Sully and Hanks, located at 602 W. 9th Street.   Staff Memo & Attachments Play Video >

 

ACTION:      Conduct public hearing.  Find that the proximity of the sale of alcohol is not adverse to the public welfare or safety and grant a distance limitation waiver and approve the drinking establishment license, if appropriate.

Moved by Mayor Soden, seconded by Commissioner Amyx, to open the public hearing. Motion carried unanimously.
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Moved by Mayor Soden, seconded by Commissioner Herbert, to close the public hearing. Motion carried unanimously.
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Moved by Commissioner Larsen, seconded by Commissioner Herbert, to find that the proximity of the sale of alcohol is not adverse to the public welfare or safety and grant a distance limitation waiver. Motion carried unanimously.
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4.       Conduct a public hearing regarding distance limitation waiver request for the “2017 Live on Mass” event to be held Saturday, June 24, 2017 from 11:00 a.m. to 11:00 p.m. in the 1000 block of Massachusetts Street.  Consider adopting Ordinance No. 9358, allowing the sale, possession, and consumption of alcohol in the public right-of-way during the event, and consider approving a Street Event Permit and a Special Event Permit (SE-17-00151) for the event.   Staff Memo & Attachments   Special Event Permit Memo & Attachments Play Video >

 

ACTION:      Conduct public hearing.  Find that the proximity of the temporary sale of alcoholic liquor for the event is not adverse to the public welfare or safety and a grant distance limitation waiver.  Adopt on first reading Ordinance No. 9358, allowing the sale, possession and consumption of alcohol in the public right-of-way on Saturday, June 24, 2017 in the 1000 block of Massachusetts Street, and approve a Street Event Permit and a Special Event Permit (SE-17-00151) for the event, if appropriate.

Moved by Commissioner Amyx, seconded by Vice Mayor Boley, to open the public hearing. Motion carried unanimously.
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Moved by Mayor Soden, seconded by Commissioner Herbert, to close the public hearing. Motion carried unanimously.
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Moved by Commissioner Herbert, seconded by Commissioner Amyx, to find that the proximity of the temporary sale of alcoholic liquor for the event is not adverse to the public welfare or safety and a grant distance limitation waiver; and, adopt on first reading Ordinance No. 9358, allowing the sale, possession and consumption of alcohol in the public right-of-way on Saturday, June 24, 2017 in the 1000 block of Massachusetts Street; and, approve a Street Event Permit and a Special Event Permit (SE-17-00151) for the event. Motion carried unanimously.
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5.       Conduct a public hearing regarding distance limitation waiver request for the “2017 Live on Mass” event to be held Sunday, July 2, 2017 from 11:00 a.m. to 11:00 p.m. in the 1000 block of Massachusetts Street.  Consider adopting Ordinance No. 9348, allowing for the sale, possession, and consumption of alcohol in the public right-of-way during the event, and consider approving a Street Event Permit and a Special Event Permit (SE-17-00150) for the event.    Staff Memo & Attachments   Special Event Permit Memo & Attachments Play Video >

 

ACTION:      Conduct public hearing.  Find that the proximity of the temporary sale of alcoholic liquor for the event is not adverse to the public welfare or safety and a grant distance limitation waiver.  Adopt on first reading, Ordinance No. 9348, allowing the sale, possession and consumption of alcohol in the public right-of-way on Sunday, July 2, 2017 in the 1000 block of Massachusetts Street, and approve a Street Event Permit and a Special Event Permit (SE-17-00150) for the event, if appropriate.

Moved by Mayor Soden, seconded by Commissioner Herbert, to open the public hearing. Motion carried unanimously.
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Moved by Mayor Soden, seconded by Commissioner Amyx, to close the public hearing. Motion carried unanimously.
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Moved by Commissioner Larsen, seconded by Commissioner Herbert, to find that the proximity of the temporary sale of alcoholic liquor for the event is not adverse to the public welfare or safety and a grant distance limitation waiver; and, adopt on first reading, Ordinance No. 9348, allowing the sale, possession and consumption of alcohol in the public right-of-way on Sunday, July 2, 2017 in the 1000 block of Massachusetts Street; and, approve a Street Event Permit and a Special Event Permit (SE-17-00150) for the event. Motion carried unanimously.
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6.       Consider a Comprehensive Plan Amendment, CPA-17-00135, to Horizon 2020, Chapter 7, to amend the boundary of the Oread West Research Park, related to rezonings Z-17-00079 and Z-17-00080 for the undeveloped properties north of Legends Drive and in the 1100 block of Biltmore Drive and Research Park Drive. Submitted by BG Consultants. (PC Item 5A; approved 7-3 on 4/24/17) Commissioners will need to declare Ex Parte Communications.   Staff Memo & Attachments Play Video >

 

ACTION:      Approve the Comprehensive Plan Amendment (CPA-17-00135) to amend the boundary of the Oread West Research Park, and direct staff to draft ordinance, if appropriate.

 

7.       Consider a request to rezone, Z-17-00079, approximately 25.4 acres from IBP (Industrial/Business Park) District to RS7 (Single-Dwelling Residential) District, located in the 1100 Block of Biltmore Drive and Research Park Drive.  Submitted by BG Consultants, for WE1929, LLC, property owner of record. (PC Item 5B; approved 7-3 on 4/24/17) Commissioners will need to declare Ex Parte Communications. A protest petition was not submitted for this application.  Staff Memo & Attachments Play Video >

 

ACTION:      Approve rezoning (Z-17-00079) 25.4 acres from IBP to RS7 located in the 1100 Block of Biltmore Drive and Research Park Drive, and direct staff to draft ordinance, if appropriate.

 

8.       Consider a request to rezone, Z-17-00080, approximately 10 acres from IBP (Industrial/Business Park) District to RM12D (Multi-Dwelling Residential) District, located in the 1100 Block of Biltmore Drive and Research Park Drive. Submitted by BG Consultants, for WE1929, LLC, property owner of record. (PC Item 5C; approved 7-3 on 4/24/17) Commissioners will need to declare Ex Parte Communications. A protest petition was not submitted for this application.   Staff Memo & Attachments Play Video >

 

ACTION:      Approve rezoning (Z-17-00079) 10 acres from IBP to RM12D located in the 1100 Block of Biltmore Drive and Research Park Drive, and direct staff to draft ordinance, if appropriate.

Moved by Commissioner Amyx, seconded by Commissioner Larsen, to defer items 6, 7 and 8. And, direct staff to provide the following information: a review of the industrial inventory in the city and the impact of rezoning the requested land on the inventory; status of the University of Kansas master Plan as it related to the area designated for public-private research partnerships and whether businesses that locate there would be exempt from property taxes; information on the surrounding street system and the impact on surrounding neighborhoods; information on how neighborhood concerns are being addressed with the platting of the property. Motion carried unanimously.
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9.       Consider authorizing the City Manager to execute a Professional Services Agreement with a firm to conduct a Transit Center Location Analysis.   Staff Memo - Updated 05/16/17 Play Video >

 

ACTION:      Authorize the City Manager to execute Professional Services Agreement to conduct a Transit Center Location Analysis, if appropriate.

Moved by Vice Mayor Boley, seconded by Commissioner Larsen, to authorize the City Manager to execute Professional Services Agreement to conduct a Transit Center Location Analysis. Motion carried unanimously.
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10.     Receive information regarding the process to consider possible expansion of the Catalyst Program beyond Lawrence VenturePark and East Hills Business Park.   Staff Memo & Attachments - Added 05/12/17 Play Video >

 

ACTION:      Direct staff regarding the process to consider possible expansion of the Catalyst Program and to place the consideration of possible expansion of the program on a future agenda, if appropriate.

Moved by Commissioner Herbert, seconded by Commissioner Amyx, to place the expansion issue directly on a future City Commission meeting agenda without the review of the Pubic Incentive Review Committee. Aye: Vice Mayor Boley, Commissioner Amyx, Commissioner Herbert, Commissioner Larsen. Nay: Mayor Soden. Motion carried 4-1.
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11.     Consider motion to recess into executive session for approximately 15 minutes for the purpose of consultation with attorneys for the City about matters deemed privileged in the attorney-client relationship.  The justification for the executive session is to keep attorney-client matters confidential at this time.  At the end of the executive session, the City Commission will resume its regular meeting in the City Commission Room.

 

ACTION:      Approve motion to recess into executive session for approximately 15 minutes for the purpose of consultation with attorneys for the City about matters deemed privileged in the attorney-client relationship, if appropriate.

Moved by Mayor Soden, seconded by Vice Mayor Boley, to approve motion to recess into executive session at 9:10 p.m. for approximately 15 minutes for the purpose of consultation with attorneys for the City about matters deemed privileged in the attorney-client relationship. Motion carried unanimously.
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E.         COMMISSION ITEMS: Play Video >

 

 

F.         CITY MANAGER’S REPORT:          Report & Attachments - Updated 05/15/17 Play Video >

 

 

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

 

1.       Discussion of July 18 City Commission Meeting and ceremonial resigning of the Fair Housing Ordinance.

 

·         Swearing-In Ceremony for Officer Brad Williams, Monday, May 15, 8:00 a.m.  Location:  Investigations and Training Center, 4820 Bob Billings Parkway.

 

·         Police Department Memorial Observance for Fallen Officers, Friday, May 19, 9:00 a.m.  Location:  Investigations and Training Center, 4820 Bob Billings Parkway, near the flagpole.

 

·         Sixth Biannual Preservation Achievement Awards, Thursday, May 25, 7:00 – 9:00 p.m.  Location:  Cider Gallery, 810 Pennsylvania Street.

 

·         38th Basic Recruit Academy Swearing-In Ceremony, Tuesday, May 30, 8:00 a.m.  Location:  Investigations and Training Center, 4820 Bob Billings Parkway.

 

·         City offices will be closed Monday, May 29 in observance of Memorial Day.

 

·         Fire/Medical Department 23rd Recruit Class Graduation, Thursday, June 8, 6:00 p.m.  Location:  Double Tree by Hilton, 200 McDonald Drive.

 

·         Chief of Police Candidate Open House Meeting and Greet, Thursday, June 15, 6:00 – 8:00 p.m.  Location:  Heritage Room at the Carnegie Building, 200 W. 9th Street.

 

·         Parks and Recreation Director Candidate Open House Meet and Greet, Tuesday, June 27, 6:00 – 8:00 p.m.  Location:  Legacy Room at Sports Pavilion Lawrence, 100 Rock Chalk Lane.

 

·         City offices will be closed Tuesday, July 4, in observance of Independence Day.

 

·         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.

 

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 expired 03/31/17, with one position (Electrical Contractor) vacant, and two positions (at-large rep/Journeyman Electrician) eligible for reappointment to additional terms.

 

Mechanical Board of Appeals:

Two positions expired 03/31/17, with one position 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 expired04/30/17 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. 

 

Social Service Funding Advisory Board:

One vacancy for a position that expires 08/31/18.

 

 

 

 

 

Moved by Commissioner Herbert, seconded by Commissioner Amyx, to adjourn at 9:39 p.m. Motion carried unanimously.
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