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CITY COMMISSION MEETING AGENDA July 11, 2017 – 5:45 p.m. (Posted on webpage at 5:00 p.m. on 07/06/17) (10MB files take approximately 45 seconds to open)
City Commission Room, First Floor of City Hall 6 East 6th Street |
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The City Commission reserves the right to amend, supplement, or re-order
the agenda during the meeting.
Updates:
07/11/17 @ 1:35 p.m.:
07/10/17 @ 2:40
07/07/17 @ 4:15 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: Play Video >
1. Proclaim Saturday, July 15, 2017 as George William “Nash” Walker Day.
2. Recognition of the 100th Anniversary of City Management in Kansas.
3. Proclaim the month of July 2017 as Parks and Recreation Month.
B. CONSENT AGENDA: Play Video >
Moved by Vice Mayor Boley, seconded by Commissioner Amyx, 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. Receive minutes from various boards and commissions:
Affordable Housing Advisory Board meeting of 05/08/17
Lawrence Douglas County Housing Authority Board meeting of 05/22/17
Lawrence Human Relations Commission meeting of 02/16/17
Mental Health Board meeting of 05/30/17
Parks and Recreation Advisory Board meeting of 06/13/17
Planning Commission meeting of 05/24/17
Senior Resource Center for Douglas County, Inc., Board meeting of 05/23/17
2. 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.
3. Approve licenses as recommended by the City Clerk’s Office.
4. Approve appointments as recommended by the Mayor.
5. Bid and purchase items:
a) Award Bid No. 1741, hourly rate and unit priced contractual services related to on-call emergency City sanitary sewer main repairs, to Vito’s Plumbing, Inc. as outlined in the attached bid tabulation, and authorize the City Manager to execute the construction contract related to on-call emergency City sanitary sewer main repairs. Bid Memo & Attachments
6. Adopt on first reading, Ordinance No. 9376, allowing the sale, possession and consumption of alcohol in the public right-of-way on Saturday, September 16, 2017, from 1:00 p.m. to 10:00 p.m. in the 700 block of Mississippi Street for the Old West Lawrence Neighborhood Association Block Party event. Staff Memo & Attachments
7. Adopt on second and final reading, the following ordinances:
a) Ordinance No. 9367, rezoning (Z-17-00157) approximately 8.566 acres from PRD (Planned Residential Development) District to RM15 (Multi-Dwelling Residential) District, located at 2115 Exchange Court. (PC Item 3; approved 8-0 on 5/24/17)
b) Ordinance No. 9368, for Special Use Permit/Institutional Development Plan (SUP-17-00153) for a new parking lot at Lawrence Memorial Hospital and a master plan for the Hospital uses, located at 3rd and Michigan Streets. (PC Item 1A; approved 6-2 on 5/24/17)
c) Ordinance No. 9369, rezoning (Z-17-00158) approximately 1.38 acres from RS5 (Single-Dwelling Residential) District to H (Hospital) District, located at 302 Michigan Street, 306 Michigan Street, 310 Michigan Street, 314 Michigan Street, 318 Michigan Street, and 322 Michigan Street. (PC Item 1A; approved 6-2 on 5/24/17)
d) Ordinance No. 9372, allowing for the sale, possession, and consumption of alcohol in the public right-of-way on Friday, July 14, from 4:00 p.m. – 11:59 p.m. on the sidewalk from 1016 Massachusetts Street to 1040 Massachusetts Street for the Lawrence Field Day Festival event.
e) Ordinance No. 9373, pertaining to seat belts and the fines associated with failure to wear a seatbelt.
8. Approve the following items related to the Lawrence Beer Company Block Party Event:
a) Approve a Special Event Permit, SE-17-00324, for a street party on August 25, 2017 for the grand opening of Lawrence Beer Company, located at 826 Pennsylvania Street. Submitted by Lawrence Beer Company, for Williams Management, property owner of record. Staff Memo & Attachments
b) Adopt on first reading, Ordinance No. 9377, allowing the sale, possession and consumption of alcohol in the public right-of-way on Friday, August 25, 2017, from 9:00 a.m. to 11:59 p.m. in the 800 block of Pennsylvania Street and on 8th Street from Pennsylvania Street to New Jersey Street for the Lawrence Beer Company Block Party event. Staff Memo & Attachments
9. Authorize the City Manager to sign the Airport Preservation Agreement with the Kansas Department of Transportation for the Apron Pavement Replacement Project. Staff Memo & Attachments Correspondence - Added 07/10/17
10. Authorize staff to bind coverage for property insurance with Hartford and Arch Insurance Companies for $169,981 and the Emergency Service Organization Package Insurance for $65,618 for the insurance period of July 1, 2017 through July 1, 2018, for a combined total of $235,599. Staff Memo
11. Approve employee healthcare plan service providers as recommended and authorize the City Manager to negotiate agreements with each service provider effective January 1, 2018. Staff Memo & Attachments
12. Authorize the City Manager to negotiate an agreement with Nationwide, to provide administrative, recordkeeping and investment services with respect to the City’s 457 Deferred Compensation Plan. Staff Memo & Attachments
13. Adopt the Douglas County Food System Plan. Staff Memo & Attachments
14. Receive letter from the Sustainability Advisory Board regarding the City of Lawrence Sustainable Building Policy Proposal. Letter
15. Authorize the Mayor to sign Releases of Mortgage for the following:
a) Saundra Scott, 1901 Barker Avenue. Staff Memo
b) Brian and Heather Bingham, 1713 Atherton Court. Staff Memo
c) Enrique Penaloza and Sandra K. Sloop, 2539 Ridge Court. Staff Memo
d) Amber Smith, 1534 Vermont Street. Staff Memo
16. Authorize the Mayor to sign a Mortgage Subordination Agreement for Kathleen M. Hunt, 2606 Belle Haven Drive. 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:
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 Cedar Grove Residential Rezoning, located north of Legends Drive and in the 1100 block of Biltmore Drive and Research Park Drive. This item was deferred by the City Commission on May 16, 2017. Commissioners will need to declare Ex Parte Communications. A protest petition was not submitted for this application. Play Video >
a) 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). 05/16/17 Staff Memo & Attachments
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.
Moved by Commissioner Amyx, seconded by Commissioner Larsen, to approve the Comprehensive Plan Amendment (CPA-17-00135) to amend the boundary of the Oread West Research Park, and direct staff to draft ordinance. Motion carried unanimously.
Play Video >
b) 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). 05/16/17 Staff Memo & Attachments 07/11/17 Staff Memo & Attachments Correspondence - Added 07/10/17
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.
Moved by Commissioner Amyx, seconded by Commissioner Herbert, to 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. Motion carried unanimously.
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c) Consider a request to rezone, Z-17-00080, approximately 10.0 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). 05/16/17 Staff Memo & Attachments 07/11/17 Staff Memo & Attachments Correspondence - Added 07/10/17
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 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. Motion carried unanimously.
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2. Consider the following items related to the 2018 Operating and Capital Improvement Budget: Play Video >
a) Consider authorizing publication of the 2017 amended budget summary and establishing August 1, 2017 as the public hearing date. Staff Memo & Attachments
ACTION: Authorize publication of the 2017 amended budget summary and establish August 1, 2017 as the public hearing date, if appropriate.
Moved by Mayor Soden, seconded by Commissioner Larsen, to authorize publication of the 2017 amended budget summary and establish August 1, 2017 as the public hearing date. Motion carried unanimously.
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b) Consider adopting on first reading the following ordinances and adopt resolution establishing rates for City Utilities for 2018:
i. Ordinance No. 9375, establishing 2018 water and wastewater service rates and establishing 2018 water and wastewater system development charges, effective November 15, 2017. Staff Memo & Attachments
ii. Resolution No. 7212 pertaining to sanitary sewer and water service fees and authorize changes to Administrative Policy 52 to comply with Resolution No. 7212, effective February 1, 2018. Staff Memo & Attachments
iii. Ordinance No. 9371, establishing 2018 stormwater service rates, effective November 15, 2017. Staff Memo & Attachments
iv. Ordinance No. 9370, establishing 2018 solid waste rates, effective November 15, 2017. Staff Memo & Attachments
ACTION: Adopt on first reading, Ordinance No. 9375, establishing 2018 water and wastewater service rates and establishing 2018 water and wastewater system development charges; adopt Resolution No. 7212, pertaining to sanitary sewer and water service fees and authorize changes to Administrative Policy 52 to comply with Resolution No. 7212, adopt on first reading, Ordinance No. 9371, establishing 2018 stormwater service rates and Ordinance No. 9370, establishing 2018 solid waste rates, if appropriate.
Moved by Vice Mayor Boley, seconded by Commissioner Amyx, to defer until August 1, approval on first reading, of Ordinance No. 9375; and, Resolution No. 7212; and, Ordinance No. 9371; and, Ordinance No. 9370. Motion carried unanimously.
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c) Consider authorizing publication of the 2018 budget summary and establishing August 1, 2017 as the public hearing date. This establishes the maximum budget authority and property tax mill levy for the 2018 budget. Staff Memo & Attachments Correspondence - Updated 07/11/17 Commissioner Q & A – added 07/07/17
ACTION: Authorize publication of the 2018 budget summary and establish August 1, 2017 as the public hearing date, if appropriate.
Moved by Commissioner Amyx, seconded by Vice Mayor Boley, to authorize publication of the 2018 budget summary and establish August 1, 2017 as the public hearing date. Motion carried unanimously.
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3. Consider the following items related to the Notice of Special Question Election for City sales tax election to be held on November 7, 2017: Staff Memo & Attachments Play Video >
a) Consider authorizing the publication of the Notice of Special Question Election for City sales tax election to be held on November 7, 2017
b) Consider adopting the following resolutions:
i. Resolution No. 7214, submitting a question to the voters, proposing levying a two-tenths of one percent (0.2%) retailers’ sales tax for the purpose of operating the City Public Transit System.
ii. Resolution No. 7215, submitting a question to the voters, proposing levying a three-tenths of one percent (0.3%) retailers’ sales tax for the purpose of improving and maintaining streets, sidewalks, and storm water facilities; constructing and maintaining recreational trails and paths; purchasing and replacing fire apparatus and for other related City fire equipment purchases and infrastructure projects.
iii. Resolution No. 7216, submitting a question to the voters, proposing levying a five one-hundredths of one percent (0.05%) retailers’ sales tax for the purpose of providing additional revenues for affordable housing projects and programs in the City and other related improvements.
ACTION: Authorize publication of the Notice of Special Question Election, in accordance with the law, for City sales tax election to be held on November 7, 2017; adopt Resolution No. 7214, submitting a question to the voters proposing levying 0.2% sales tax increase for the purpose of operating the City Public Transit System; Resolution No. 7215, submitting a question to the voters proposing levying 0.3% retailers’ sales tax for the purpose of improving and maintaining streets, sidewalk, and storm facilities and constructing and maintaining recreational trails and paths, and purchasing and replacing fire apparatus and other fire equipment purchases and infrastructure projects, and Resolution No. 7216, submitting a question to the voters proposing levying 0.05% retailers’ sales tax for the purpose of providing additional revenues for affordable housing projects and programs in the City and other related improvements, if appropriate.
Moved by Commissioner Larsen, seconded by Commissioner Amyx, to authorize publication of the Notice of Special Question Election, in accordance with the law, for City sales tax election to be held on November 7, 2017; and, adopt Resolution No. 7214, submitting a question to the voters proposing levying 0.2% sales tax increase for the purpose of operating the City Public Transit System; and, adopt Resolution No. 7215, submitting a question to the voters proposing levying 0.3% retailers’ sales tax for the purpose of improving and maintaining streets, sidewalk, and storm facilities and constructing and maintaining recreational trails and paths, and purchasing and replacing fire apparatus and other fire equipment purchases and infrastructure projects, and Resolution No. 7216, submitting a question to the voters proposing levying 0.05% retailers’ sales tax for the purpose of providing additional revenues for affordable housing projects and programs in the City and other related improvements. Motion carried unanimously.
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4. Receive reconsideration request from Vermont LLC for economic development assistance, under the Neighborhood Revitalization Area Policy in place at the original time of application, to support a mixed-use development at 815 Vermont Street. Staff Memo & Attachments Play Video >
ACTION: Receive request and refer to the Public Incentives Review Committee for review and establish a public hearing date of September 19, 2017 on the proposed NRA and Revitalization Plan, if appropriate.
Moved by Commissioner Amyx, seconded by Commissioner Larsen, to receive request and refer to the Public Incentives Review Committee for review and establish a public hearing date of September 19, 2017 on the proposed NRA and Revitalization Plan; and, acknowledge the pre-existing fee schedule in place at the time of the initial request will be applied. Aye: Vice Mayor Boley, Commissioner Amyx, Commissioner Herbert, Commissioner Larsen. Nay: Mayor Soden. Motion carried 4-1.
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5. Conduct a public hearing regarding special assessments for Lawrence VenturePark and consider adopting on second reading, Ordinance No. 9374, levying special assessments on certain property to pay the construction cost of internal improvements in the City of Lawrence, KS, as previously authorized by Resolution No. 7016 and Resolution No. 7049 of the City; and providing for the collection of such special assessments. Staff Memo & Attachments Play Video >
ACTION: Conduct public hearing. Adopt on second reading, Ordinance No. 9374, levying special assessments on certain property to pay the construction cost of internal improvements in the City of Lawrence, KS, as previously authorized by Resolution No. 7016 and Resolution No. 7049 of the City; and providing for the collection of such special assessments, if appropriate.
Moved by Mayor Soden, seconded by Commissioner Amyx, to open the public hearing. Motion carried unanimously.
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Moved by Vice Mayor Boley, seconded by Commissioner Larsen, to close the public hearing. Motion carried unanimously.
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Moved by Vice Mayor Boley, seconded by Commissioner Larsen, to adopt on second reading, Ordinance No. 9374, levying special assessments on certain property to pay the construction cost of internal improvements in the City of Lawrence, KS, as previously authorized by Resolution No. 7016 and Resolution No. 7049 of the City; and providing for the collection of such special assessments. Motion carried unanimously.
Play Video >
6. Conduct a public hearing for VanTrust Real Estate, LLC Catalyst incentive package. Staff Memo & Attachments Play Video >
ACTION: Open public hearing and continue until July 18, 2017 at 6:00 p.m., or as soon thereafter as it may be held, on July 18, 2017, if appropriate.
Moved by Mayor Soden, seconded by Commissioner Herbert, to open public hearing. Motion carried unanimously.
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Moved by Mayor Soden, seconded by Commissioner Herbert, to continue the public hearing until July 18, 2017 at 6:00 p.m., or as soon thereafter as it may be held, on July 18, 2017. Motion carried unanimously.
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E. COMMISSION ITEMS:
F. CITY MANAGER’S REPORT: Report & Attachments - updated 07/07/17 Play Video >
G. CALENDAR: Meeting List Play Video >
· The July 18 City Commission meeting will start at 5:00 p.m. at Watkins Museum of History, 1047 Massachusetts Street for ceremonial presentation on the 50th anniversary of Fair Housing. The City Commission will recess the meeting and reconvene at 6:00 p.m. at City Hall.
· Commissioners are invited to attend “A Better KCI”, a presentation by Joe Reardon, President and CEO of KC Chamber, hosted by the Lawrence Chamber of Commerce, Tuesday, July 25, 7:45 a.m. Location: DoubleTree by Hilton, 200 McDonald Drive.
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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.
One position expired 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 Emergency Management Board:
One position expires 07/01/17 and is eligible for reappointment to an additional term.
Douglas County Senior Services Board:
One vacancy for a position that expired 12/31/16.
One vacancy for a position that expired 03/31/17. This position is designated for a person qualified by training and/or experience.
One position expired 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 expired 12/31/16.
Sustainability Advisory Board:
One vacancy for a position that expires 12/31/18.
Moved by Mayor Soden, seconded by Commissioner Amyx, to adjourn at 9:39 p.m. Motion carried unanimously.
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