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CITY COMMISSION MEETING AGENDA August 15, 2017 – 5:45 p.m. (Posted on webpage at 4:40 p.m. on 08/10/17) (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:
08/15/17 @ 1:40 p.m.:
- Added a Recognition and letter of support for the City of Charlottesville, VA under Section A – Recognition/Proclamation/Presentation.
- Added additional correspondence on Regular Agenda Item No. 1 - Consider approving a Site Plan, SP-17-00220, for the conversion of the former Jayhawk Bookstore at 1420 Crescent Road to McClain’s Market; and
- Added correspondence to Regular Agenda Item No. 4 - Receive application and request from Treanor Investments, LLC. for incentives related to a proposed mixed-use grocery store project at 700 New Hampshire
08/14/17 @ 3:00 p.m.:
- Added additional correspondence on Regular Agenda Item No. 1 - Consider approving a Site Plan, SP-17-00220, for the conversion of the former Jayhawk Bookstore at 1420 Crescent Road to McClain’s Market;
- Added a Frequently Asked Questions document to Regular Agenda Item No. 3 – Consider proposed Sign Code regulations; and
- Updated the City Manager’s Report.
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. Recognition and letter of support for the City of Charlottesville, VA.
B. CONSENT AGENDA: Play Video >
Commissioner Larsen and a member of the public requested removal of item 9 for a separate vote.
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Moved by Commissioner Amyx, seconded by Vice Mayor Boley, to approve the consent agenda as below except for item 9. 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 08/08/17.
2. Receive minutes from various boards and commissions:
Mental Health Board meeting of 06/27/17
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. Bid and purchase items:
a) Award Bid No. B1745, Project No. UT1503, Kaw River Water Treatment Plant Basin Repairs, to John Rohrer Contracting Company, in the amount of $1,058,526, and authorize the City Manager to execute the construction contract. Authorize the City Manager to execute Supplemental Agreement No. 3, in the amount of $75,500, to the Engineering Services Agreement with Walter P Moore for construction phase engineering services. Bid Memo & Attachments
b) Award Bid No. B1744, Project No. UT1714, Kansas River Wastewater Treatment Plant Protective Maintenance Coating, Chemical Storage and Feed Building, and Excess Flow Building, to MVP Painting, in the amount of $148,740, and authorize the City Manager to execute the construction contract. Bid Memo & Attachments
6. Adopt Resolution No. 7221, declaring the City’s intent to reimburse costs up to $185,000 for the purpose of acquiring certain equipment (328 Tandem Axle Dump Truck) from proceeds of a lease purchase agreement. Staff Memo & Attachments
7. Approve a Special Event Permit, SE-17-00384, for “Live on Mass” event to be held Friday, September 1, 2017 from 11:30 a.m. (set-up) to 11:30 p.m. in the 1000 block of Massachusetts Street. Submitted by The Granada. Staff Memo & Attachments
8. Concur with the following recommendations from the Transportation Commission:
a) Approve Traffic Calming on Learnard Avenue, between 15th Street and 19th Street. Staff Memo & Attachments
b) Deny request for a 4-way stop intersection at 10th Street and Indiana Street. Staff Memo & Attachments
c) Deny request for Traffic Calming on Carson Place and Campbell Drive. Staff Memo & Attachments
d) Deny request for Speed Limit Reduction and Intersection Ahead Signage on Kasold Drive, from Tam O’Shanter Drive to Clinton Parkway. Staff Memo & Attachments
9. Authorize the City Manager to execute a Construction and Access Agreement with the University of Kansas and HERE Lawrence Property Owner, LLC, for the construction of the HERE parking lot to be completed in August 2018. Staff Memo & Attachments Play Video >
Moved by Commissioner Amyx, seconded by Commissioner Larsen, to authorize the City Manager to execute a Construction and Access Agreement with the University of Kansas and HERE Lawrence Property Owner, LLC, for the construction of the HERE parking lot to be completed in August 2018. Motion carried unanimously.
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10. Approve second amendment to the lease agreement between the City of Lawrence, Douglas County, and the Bioscience Technology Business Center (BTBC) to extend the lease repayment schedule for the BTBC expansion facility located at 4950 Bob Billings Parkway, for one year through 2018, as requested by the BTBC. Staff Memo & Attachments
11. Approve a drinking establishment license to expire contemporaneously with the existing State drinking establishment license for John Brown Underground, LLC. 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. 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. Each person will be limited to three (3) minutes for public comment. 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 approving 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. Deferred by City Commission on 8/1/17. Staff Memo & Attachments - Updated 08/15/17 Play Video >
ACTION: Approve Site Plan (SP-17-00220) for McClain’s Market, located at 1420 Crescent Road, if appropriate.
Moved by Commissioner Herbert, seconded by Vice Mayor Boley, to approve Site Plan (SP-17-00220) for McClain’s Market, located at 1420 Crescent Road with the addition of the following conditions: use of the outdoor patio shall cease at 10:00 PM and this area shall be unoccupied by patrons by this time; and, alcohol sales shall cease at 9:00 PM, Sunday through Thursday, and at 10:00 PM Friday and Saturday; and, outdoor speakers, including speakers on the outdoor patio, are not allowed; and, if the City receives complaints regarding odors from the Fast Order Food use, the property owner shall work with the Planning Director to develop mechanical or other measures to minimize the negative impact to nearby properties; and, the Commission directed staff to work with the applicant to review the rooftop drainage that was noted in a communication to the Commission and take measures to resolve the issue if necessary. Motion carried unanimously.
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2. Conduct public hearing to consider a vacation request, submitted by Dean Grob with Grob Engineering Services, LLC for David C. & Stephanie L. Hentges, to vacate a portion of a 20’ utility easement along the south side of Lot 7, Amended Plat of Heritage No. 2 at Alvamar, also known as 4413 Nicklaus Drive. Staff Memo & Attachments Play Video >
ACTION: Conduct public hearing and approve Order of Vacation request, if appropriate.
Moved by Mayor Soden, seconded by Commissioner Amyx, to open the public hearing. Motion carried unanimously.
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Moved by Commissioner Mayor Soden, seconded by Commissioner Herbert, to close the public hearing. Motion carried unanimously.
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Moved by Commissioner Amyx, seconded by Vice Mayor Boley, to approve Order of Vacation request. Motion carried unanimously.
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3. Consider proposed Sign Code regulations and consider adopting on first reading, Ordinance No. 9391, deleting and replacing current regulations, as set forth in City of Lawrence Code, Chapter V, Article 18. Staff Memo & Attachments Frequently Asked Questions - Added 08/14/17 Play Video >
Moved by Commissioner Amyx, seconded by Commissioner Larsen, to approve Sign Code regulations and adopt on first reading, Ordinance No. 9391, deleting and replacing current regulations. Motion carried unanimously.
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ACTION: Approve Sign Code regulations and adopt on first reading, Ordinance No. 9391, deleting and replacing current regulations, if appropriate.
4. Receive application and request from Treanor Investments, LLC. for incentives related to a proposed mixed-use grocery store project at 700 New Hampshire and consider authorizing the City Manager to enter into a study funding agreement for the developer to fund the required studies and other documents which may be required related to the project. Staff Memo & Attachments Correspondence - Added 08/15/17 Play Video >
Moved by Vice Mayor Boley, seconded by Commissioner Herbert, to receive application and request from Treanor Investments, LLC for incentives related to a proposed mixed-use grocery store project at 700 New Hampshire Street, and refer to staff to process in accordance with the City’s economic development policies and procedures; authorize the City Manager to enter into a study funding agreement for the developer to fund the required studies and other documents. Aye: Vice Mayor Boley, Commissioner Amyx, Commissioner Herbert, Commissioner Larsen. Nay: Mayor Soden. Motion carries 4-1.
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ACTION: Receive application and request from Treanor Investments, LLC for incentives related to a proposed mixed-use grocery store project at 700 New Hampshire Street, and refer to staff to process in accordance with the City’s economic development policies and procedures; authorize the City Manager to enter into a study funding agreement for the developer to fund the required studies and other documents, if appropriate.
5. Consider adopting on first reading, Ordinance No. 9390, revising City Code Section 16-1201 to permit limited access (right-in only) on the north side of 6th Street between Congressional Drive and Wakarusa Drive and consider granting the City Manager the authority to negotiate the purchasing of the break in access by the applicant as determined by an appraisal of the value of the access. Staff Memo & Attachments Play Video >
ACTION: Adopt on first reading, Ordinance No. 9390, revising City Code Section 16-1201 to permit limited access (right-in only) on the north side of 6th Street between Congressional Drive and Wakarusa Drive and grant the City Manager the authority to negotiate the purchasing of the break in access by the applicant as determined by an appraisal of the value of the access, if appropriate.
Moved by Commissioner Herbert, seconded by Commissioner Amyx, to adopt on first reading, Ordinance No. 9390, revising City Code Section 16-1201 to permit limited access (right-in only) on the north side of 6th Street between Congressional Drive and Wakarusa Drive and grant the City Manager the authority to negotiate the purchasing of the break in access by the applicant as determined by an appraisal of the value of the access. Motion carried unanimously.
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E. COMMISSION ITEMS: Play Video >
F. CITY MANAGER’S REPORT: Report & Attachments - Updated 08/14/17 Play Video >
G. CALENDAR: Meeting List Play Video >
· Commissioners have been invited to ring the opening bell at the Lawrence Farmers Market on Saturday, August 12, at 7:00 a.m. Location: City parking lot at 824 New Hampshire.
· Commissioners have been invited to attend the United Way of Douglas County ribbon cutting to celebrate their 20th anniversary at the current location on Tuesday, August 15 at 11:30 a.m. Location: 2518 Ridge Court, Suite 200.
· City offices are closed on Monday, September 4, in observance of Labor Day.
· Lawrence Chamber of Commerce Taste of Lawrence, Thursday, September 7, 4:00 – 7:00 p.m. Location: Meadowbrook Apartments.
· City offices are closed November 23-24 in observance of the Thanksgiving holiday.
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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 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 Commissioner Herbert, seconded by Commissioner Amyx, to adjourn at 11:08 p.m. Motion carried unanimously.
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