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CITY COMMISSION MEETING AGENDA August 1, 2017 – 5:45 p.m. (Posted on webpage at 4:15 p.m. on 07/27/17) (10MB files take approximately 45 seconds to open)
City Commission Room, First Floor of City Hall 6 East 6th Street |
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Updates:
08/01/17 @ 1:35 p.m.:
- Added correspondence to Regular Agenda Item No. 5c – conduct public hearing on 2018 City Manager’s Recommended Budget.
07/31/17 @ 3:10 p.m.:
- Updated the language in Resolution No. 7212, amending the Development Policy for the financing of public improvements within the City of Lawrence – Regular Agenda Item No. 5b – ii.
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 >
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 07/18/17.
2. Receive minutes from various boards and commissions:
Affordable Housing Advisory Board meeting of 06/12/17
Homeless Issues Advisory Committee meeting of 04/11/17
Parks & Recreation Advisory Board meeting of 07/11/17
Public Transit Advisory Committee meeting of 05/08/17
Senior Resource Center for Douglas County Board meeting of 06/27/17
Sustainability Advisory Board meetings of 05/10/17 and 06/14/17
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) Award Bid No. 1740, CIPP Project No. UT1704 – 2017 Sanitary Sewer Rehabilitation Project - to SAK Construction, LLC, in the amount of $1,282,512, and authorize the City Manager to execute the construction contract. Bid Memo & Attachments
b) Authorize the purchase of equipment and a ten-year communication package for the GPS activated pre-emption system for signalized intersections (Project No. PW1708/CIP Project No. FM1705) in the amount of $711,000 to Gades Sales Co. (Applied Information). Bid Memo & Attachments
7. Adopt on first reading, the following ordinances:
a) Ordinance No. 9384, for 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. (PC Item 5A; approved 7-3 on 4/24/17) Staff Memo & Attachments
b) Ordinance No. 9385 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. (PC Item 5B; approved 7-3 on 4/24/17) Staff Memo & Attachments
c) Ordinance No. 9386, to rezone (Z-17-00080) approximately 10.0 acres from IBP (Industrial/Business Park) District to RM12D (Multi-Dwelling Residential) District, 1100 Block of Biltmore Drive and Research Park Drive. (PC Item 5C; approved 7-3 on 4/24/17) Staff Memo & Attachments
d) Ordinance No. 9389, authorizing and providing for the construction of stormwater drainage improvements at the intersection of 23rd Street and Ousdahl Road, and authorizing the issuance of General Obligation Bonds for the project. Staff Memo & Attachments
8. Adopt on second and final reading, Ordinance No. 9383, adopting the “2017 Standard Traffic Ordinance, Edition 2017”.
9. Adopt the following resolutions:
a) Resolution No. 7218, authorizing the issuance of General Obligation Bonds for improvements on Kasold Drive, from 6th Street to Bob Billings Parkway, Project No. PW1505 - CIP PW17E1. Staff Memo & Attachments
b) Resolution No. 7217, authorizing the issuance of General Obligation Bonds for the Community Health, CIP PW17B7 and Fire Medical Building improvements, CIP PW17B2. Staff Memo & Attachments
c) Resolution No. 7219, authorizing the offering for sale of General Obligation bonds of the City of Lawrence, Kansas on September 12, 2017. Staff Memo & Attachments
10. Approve a request to rezone, Z-17-00217, approximately 1.13 acres from RS5 (Single-Dwelling Residential) District to RS7 (Single-Dwelling Residential) District, located at 309, 321, 325, and 331 Indiana Street. Submitted by Summer Wedermyer on behalf of Philip R Jones, Jennifer M Padilla, Nathan R Littlejohn III, Lynette Littlejohn, Emily C H Hensley, Nate Wedermyer, and Summer Wedermyer, property owners of record. Adopt on first reading, Ordinance No. 9381, to rezone (Z-17-00217) approximately 1.13 acres from RS5 (Single-Dwelling Residential) District to RS7 (Single-Dwelling Residential) District, located at 309, 321, 325, and 331 Indiana Street. (PC Item 3; approved 8-0 on 6/28/17) Staff Memo & Attachments
11. Approve a Site Plan, SP-17-00220, for the conversion of the former Jayhawk Bookstore at 1420 Crescent Road to McClain’s Market, Fast Order Food or Quality Restaurant, retaining the second story apartments, Non-Ground Floor Apartments. Submitted by BG Consultants, Inc. for Axiom-Jayhawk LLC, property owner of record. Staff Memo & Attachments
Moved by Mayor Soden, seconded by Commissioner Herbert, to defer approval of a site plan, SP-17-00220, for the conversion of the former Jayhawk Bookstore at 1420 Crescent Road to McClain’s Market, Fast Order Food or Quality Restaurant, retaining the second story apartments, Non-Ground Floor Apartments. Submitted by BG Consultants, Inc. for Axiom-Jayhawk LLC, property owner of record until the August 15th City Commission Meeting. Motion carried unanimously.
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12. Authorize the Mayor to execute the Authority to Award Contract for the Wakarusa and Harvard Roundabout project and commitment of $1,225,223 in City funds, Project No. PW1527, CIP No. PW17E2. Staff Memo & Attachments
13. Receive Bert Nash Community Mental Health Center 2017 First Quarter Performance Report.
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. Each person will be limited to three (3) minutes for public comment. 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 will be limited to three (3) minutes of public comment and should address all comments/questions to the Commission.
1. Consider the following items related to the VanTrust Real Estate, LLC Catalyst incentive package: Updated Staff Memo Updated Agreement with Track Changes Updated Agreement - Clean Version 07/18/17 CC Meeting Staff Memo & Attachments Play Video >
a) Consider adopting Resolution No. 7210, a Resolution of Intent to issue industrial revenue bonds in one or more series in the aggregate principal amount of approximately $31,000,000 to support a three-phased development project in Lawrence VenturePark.
b) Consider adopting Resolution No. 7211, a Resolution of Intent to issue industrial revenue bonds not to exceed $10,200,000 and grant a 10-year fifty percent (50%) or seventy percent (70%) (if constructed to LEED Silver equivalency) property tax abatement for Phase I development on Block B, Lot 1 in Lawrence VenturePark.
c) Consider authorizing the Mayor and City Clerk to execute a Land Transfer and Development Agreement with VanTrust Real Estate, LLC., setting forth the requirements for transfer of Lawrence VenturePark lots to accommodate project phased development.
ACTION: Adopt Resolution No. 7210, Resolution No. 7211, and authorize the Mayor and City Clerk to execute a Land Transfer and Development Agreement, if appropriate.
Moved by Mayor Soden, seconded by Commissioner Herbert, to adopt Resolution No. 7210, Resolution No. 7211, and authorize the Mayor and City Clerk to execute a Land Transfer and Development Agreement, Motion carried unanimously.
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2. Conduct a public hearing regarding a distance limitation waiver request for the 2017 Final Friday event in the 900 block of New Hampshire Street, to be held on Friday, September 29, 2017, from 9:00 a.m. to 11:59 p.m. Staff Memo & Attachments Play Video >
Moved by Commissioner Amyx, seconded by Commissioner Herbert, 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 Amyx, 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. 9379 allowing the sale, possession and consumption of alcohol in the public right-of-way in the 900 block of New Hampshire Street on Friday, September 29, 2017, from 9:00 a.m. to 11:59 p.m. during the event. Motion carried unanimously.
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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. 9379, allowing the sale, possession and consumption of alcohol in the public right-of-way in the 900 block of New Hampshire Street on Friday, September 29, 2017, from 9:00 a.m. to 11:59 p.m. during the event, if appropriate.
3. Conduct a public hearing regarding a distance limitation waiver request for the 2017 Kansas State Fiddling and Picking Championships event in the public right-of-way on Massachusetts Street, between North Park and South Park Streets, on Sunday, August 27, 2017 from 9:00 a.m. to 6:00 p.m. Staff 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. 9378, allowing the sale, possession and consumption of alcohol in the public right-of-way on Massachusetts Street, between North Park and South Park Streets, on Sunday, August 27, 2017 from 9:00 a.m. to 6:00 p.m. during 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 Herbert, to close the public hearing. Motion carried unanimously.
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Moved by Vice Mayor Boley, 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. 9378 allowing the sale, possession and consumption of alcohol in the public right-of-way on Massachusetts Street, between North Park and South Park Streets, on Sunday, August 27, 2017 from 9:00 a.m. to 6:00 p.m. during the event. Motion carried unanimously.
Play Video >
4. Conduct a public hearing regarding a distance limitation waiver request for the 2017 Live on Mass event in the 1000 block of Massachusetts Street, Friday, September 1, 2017, from 11:00 a.m. to 11:00 p.m. Staff 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 grant a distance limitation waiver. Adopt on first reading, Ordinance No. 9380, allowing the sale, possession and consumption of alcohol in the public right-of-way on Friday, September 1, 2017 in the 1000 block of Massachusetts Street for the Live on Mass event.
Moved by Mayor Soden, seconded by Commissioner Larsen, 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 Vice Mayor Boley, to 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 grant a distance limitation waiver; and adopt on first reading, Ordinance No. 9380, allowing the sale, possession and consumption of alcohol in the public right-of-way on Friday, September 1, 2017 in the 1000 block of Massachusetts Street for the Live on Mass event. Motion carried unanimously.
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5. Consider the following items related to the 2018 Operating and Capital Improvement Budget: Play Video >
a) Conduct a public hearing for the 2017 City of Lawrence amended budget and consider adopting on first reading, Ordinance No. 9388, increasing the 2017 expenditure authority. Staff Memo & Attachments
ACTION: Conduct public hearing. Adopt on first reading, Ordinance No. 9388, increasing the 2017 expenditure authority, 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 Vice Mayor Boley, to close the public hearing. Motion carried unanimously.
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Moved by Vice Mayor Boley, seconded by Commissioner Larsen, to adopt on first reading, Ordinance No. 9388, increasing the 2017 expenditure authority. 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 sewer rates, and system development charges. Staff Memo & Attachments
ii. Resolution No. 7212, amending the Development Policy for the financing of public improvements within the City of Lawrence, Kansas, and repealing certain provisions of Resolution No. 5614. Authorize staff to amend Administrative Policy No. 52 commensurate with Resolution No. 7212. Staff Memo & Attachments - Updated 07/31/17
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, mending the Development Policy for the financing of public improvements within the City of Lawrence, Kansas, and repealing certain provisions of Resolution No. 5614 and authorize staff to amend Administrative Policy No. 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 Commissioner Herbert, seconded by Commissioner Larsen, to adopt on first reading, Ordinance No. 9375, establishing 2018 water and wastewater service rates and establishing 2018 water and wastewater system development charges; and, adopt Resolution No. 7212 amending the Development Policy for the financing of public improvements within the City of Lawrence, Kansas, and repealing certain provisions of Resolution No. 5614; and, authorize staff to amend Administrative Policy No. 52 to comply with Resolution No. 7212; and, adopt on first reading Ordinance No. 9371 establishing 2018 stormwater service rates, and Ordinance No. 9370 establishing 2018 solid waste rates. Motion carried unanimously.
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c) Conduct a public hearing on the 2018 budget and consider adopting on first reading, Ordinance No. 9387, approving and appropriating the 2018 City of Lawrence Operating and 2018-2022 Capital Improvement Budget. Staff Memo & Attachments Correspondence - Added 08/01/17
ACTION: Conduct public hearing. Adopt on first reading, Ordinance No. 9387, approving and appropriating the 2018 City of Lawrence Operating and 2018-2022 Capital Improvement Budget, if appropriate.
Moved by Mayor Soden, seconded by Commissioner Herbert, to open the public hearing. Motion carried unanimously.
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Moved by Vice Mayor Boley, seconded by Commissioner Herbert, to adopt on first reading Ordinance No. 9387 approving and appropriating the 2018 City of Lawrence Operating and 2018-2022 Capital Improvement Budget. Aye: Vice Mayor Boley, Commissioner Amyx, Commissioner Herbert, Commissioner Larsen. Nay: Mayor Soden. Motion carried 4-1.
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6. Receive update on Sales Tax Education and Communication Plan. Staff Memo & Attachments Play Video >
ACTION: Receive update and direct staff as appropriate.
Moved by Commissioner Herbert, seconded by Vice Mayor Boley, to receive update. 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 >
· Lawrence Chamber of Commerce Taste of Lawrence, Thursday, September 7, 4:00 – 7:00 p.m. Location: Meadowbrook Apartments.
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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 12/31/17 and are all eligible for reappointment. There are eligibility requirements for this board.
Board of Zoning Appeals/Sign Code Board of Appeals
Two positions expire 09/30/17, with one position eligible for reappointment to additional terms, and one position becoming vacant.
Building Code Board of Appeals:
One position expires 11/30/17 and is not eligible for reappointment. This position is designated for an architect.
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.
Community Development Advisory Committee:
Two positions, designated for low/mod representatives, expire 09/30/17, and are both eligible for reappointment to additional terms. One additional position, designated as an at-large position, expires 09/30/17 and is eligible for reappointment to an additional term.
Five positions expire 12/31/17 are all eligible to serve additional terms. There are eligibility requirements for this board.
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. One additional position expires 12/31/17 and is eligible for reappointment to an additional term.
Three positions expire 12/31/17 and are eligible for reappointment to additional terms. There are eligibility requirements for this board.
Homeless Issues Advisory Committee:
Two positions expire 12/31/17 and are both eligible for reappointment to additional terms.
Two positions expire 09/30/17 and are both eligible for reappointment to additional terms.
One vacancy for a position that expires 09/30/17. Three additional positions expire 09/30/17 and are all eligible for reappointment to additional terms.
One position on the Board of Directors expires 09/30/17 and will become vacant.
Five positions expire 11/30/17.
Lawrence Douglas County Advocacy Council on Aging:
Five positions expire 12/31/17. Four positions are eligible for reappointment to additional terms and one position will become vacant.
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 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.
Public Transit Advisory Committee:
Three positions expire 12/31/17, with two positions eligible for reappointment and one position becoming vacant.
One position expired 12/31/16. Five additional positions expire 12/31/17, with four positions eligible for reappointment and one position becoming vacant.
Sustainability Advisory Board:
One vacancy for a position that expires 12/31/18. One additional position expires 12/31/17 and is eligible for reappointment to an additional term.
Two positions expire 12/31/17 and are eligible for reappointment to additional terms. Eligibility requirements exist for this board.
Moved by Mayor Soden, seconded by Commissioner Larsen, to adjourn at 10:18 p.m. Motion carried unanimously.
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