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CITY COMMISSION
MEETING AGENDA
October 23, 2012 – 5:00 p.m.
(Posted on webpage at 4:50 p.m. on 10/18/12)
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Updates:
10/23/12 @ 3:00 p.m.
- Added Halloween Beggars Night to Proclamations.
- Continued to November 20, 2012, Regular Agenda Item No. 2 – 331 Johnson Avenue.
- Added Responses to Records Requests to Regular Agenda Item No. 2 – 331 Johnson Avenue.
- Added correspondence and an Additional Staff Memo to Regular Agenda Item No. 3 – 9th and New Hampshire Redevelopment Project.
- Added staff memo and attachments to Regular Agenda Item No. 6 – Varsity House.
- Updated various ribbon cuttings on the Meeting List.
10/19/12 @ 4:30 p.m.:
- Added additional correspondence to Regular Agenda Item No. 4 – 9th and New Hampshire;
- Added as Regular Agenda Item No. 6 – staff update on Varsity House at 11th and Indiana Streets.
10/19/12 @ 3:30 p.m.:
- Added correspondence to Regular Agenda Item No. 4 – 9th and New Hampshire Appeal.
10/19/12 @ 2:45 p.m.:
- Added a site plan to Regular Agenda Item No. 4 – 9th and New Hampshire Appeal; and
- Added correspondence to Regular Agenda Item No. 5 -9th Street, Tennessee to Kentucky street improvements.
A. EXECUTIVE SESSION:
1. Consider motion to recess into executive session for approximately one hour for the purpose of consultation with attorneys for the City deemed privileged under the attorney-client relationship. The justification for the executive session is to keep discussions with the attorneys for the City confidential at this time.
ACTION: Approve motion to recess into executive session for approximately one hour, if appropriate.
After a short break, the City Commission meeting will resume
at approximately 6:35 p.m.
B. RECOGNITION/PROCLAMATION/PRESENTATION:
1. Proclaim Tuesday, October 23, 2012 as Lights on Afterschool Day.
2. Proclaim Wednesday, October 24, 2012 as Kansas Food Day.
3. Proclaim Friday, October 26, 2012 as Indigenous Food Day.
4. Proclaim Saturday, November 10, 2012 as Celebrate Marine Corps Birthday.
5. Proclaim Wednesday, October 31, 2012 as Halloween Beggars Night.
C. CONSENT AGENDA:
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 10/02/12, 10/09/12, and 10/16/12.
2. Receive minutes from various boards and commissions:
Homeless Issues Advisory Committee meeting of 09/11/12
Community Development Advisory Committee meeting of 09/27/12
Public Health Board Meeting of 08/20/12
3. Approve all claims. The list of approved claims will be posted to the agenda the day after the City Commission meeting.
4. Approve licenses as recommended by the City Clerk’s Office.
5. Bid and purchase items:
a) Set bid opening date of November 13, 2012, for a new floor system in the Bly Room at Holcom Park Recreation Center. Staff Memo
b) Authorize Elite Construction to install new concrete basketball courts and connecting sidewalks at Veterans Park for an estimated cost of $25,000. Staff Memo & Attachments
c) Award bid for the 2012 Master Street Tree Program to Rosehill Gardens for $32,895. Bid Memo
6. Adopt on second and final reading, the following ordinances:
a) Ordinance No. 8811, establishing no parking along the west side of Delaware Street from a point 595 feet north of 22nd Terrace, north 225 feet. TSC item #6; approved 9-0 on 10/1/12.
b) Ordinance No. 8813, establishing no parking along the west side of New Hampshire Street from 17th Terrace to 19th Street. TSC item #7; approved 9-0 on 10/1/12.
c) Ordinance No. 8814, establishing a yield sign on eastbound 9th Street at Delaware Street. TSC item #8; approved 9-0 on 10/1/12.
7. Adopt Resolution No. 7000, requesting the Douglas County Emergency Communications Center use Douglas County’s contract tow rotation list for towing services within the City of Lawrence when requested to do so by the Lawrence Police Department. Staff Memo & Attachments
8. Approve the following items related to the City owned former Farmland property:
a) Approve rezoning, Z-12-00119, of approximately 31.7 acres (and adjacent railroad right-of-way) from I-4 (Heavy Industrial) and VC (Valley Channel) Districts to UR-FP (Urban Reserve – Floodplain Overlay) District, located in the NE1/4 & NW1/4 Sec 4-13-20 (Former Farmland Industries property, N of K-10 between Greenway Circle & E 1575 Rd). Initiated by City Commission on 8/7/12. Adopt on first reading, Ordinance No. 8805, to rezone (Z-12-00119) approximately 31.7 acres (and adjacent railroad right-of-way) from I-4 (Heavy Industrial) and VC (Valley Channel) Districts to UR-FP (Urban Reserve – Floodplain Overlay) District, located in the former Farmland Industries property, N of K-10 between Greenway Circle & E 1575 Rd). (PC Item 4A; approved 6-0-1 on 9/24/12) Staff Report Proposed Rezoning Map of Area PC Minutes
b) Approve rezoning, Z-12-00120, of approximately 170.4 acres (and adjacent railroad right-of-way) from I-4 (Heavy Industrial) District to UR (Urban Reserve) District, located in the NE1/4 & NW1/4 Sec 4-13-20 (Former Farmland Industries property, N of K-10 between Greenway Circle & E 1575 Rd. Initiated by City Commission on 8/7/12. Adopt on first reading, Ordinance No. 8806, to rezone (Z-12-00120) approximately 170.4 acres (and adjacent railroad right-of-way) from I-4 (Heavy Industrial) District to UR (Urban Reserve) District, located in the former Farmland Industries property, N of K-10 between Greenway Circle & E 1575 Rd. (PC Item 4B; approved 6-0-1 on 9/24/12) Staff Report Proposed Rezoning Map of Area PC Minutes
c) Approve rezoning, Z-12-00121, of approximately 170.7 acres (and adjacent highway right-of-way) from I-4 (Heavy Industrial), I-1 (Limited Industrial), A (Agricultural) County Districts and CC200 (Community Commercial Center) City District to IG (General Industrial) District, located in the NW1/4 & SW1/4 Sec 4-13-20 (Former Farmland Industries property, N of K-10 between Greenway Circle & E 1575 Rd). Initiated by City Commission on 8/7/12. Adopt on first reading, Ordinance No. 8807, to rezone (Z-12-00121) approximately 170.7 acres (and adjacent highway right-of-way) from I-4 (Heavy Industrial), I-1 (Limited Industrial), A (Agricultural) County Districts and CC200 (Community Commercial Center) City District to IG (General Industrial) District, located in the former Farmland Industries property, N of K-10 between Greenway Circle & E 1575 Rd. (PC Item 4C; approved 6-0-1 on 9/24/12) Staff Report Proposed Rezoning Map of Area PC Minutes
d) Approve rezoning, Z-12-00122, of approximately 59.0 acres (and adjacent highway right-of-way) from I-1 (Limited Industrial), B-1 (Neighborhood Business); A (Agricultural) [County Districts] and IG (General Industrial) District to IM (Medium Industrial) District, located in the SE1/4 Sec 5-13-20 & SW1/4 Sec 4-13-20 (Former Farmland Industries property, N of K-10 between Greenway Circle & E 1575 Rd). Initiated by City Commission on 8/7/12. Adopt on first reading, Ordinance No. 8808, to rezone (Z-12-00122) approximately 59.0 acres (and adjacent highway right-of-way) from I-1 (Limited Industrial), B-1 (Neighborhood Business); A (Agricultural) [County Districts] and IG (General Industrial) District to IM (Medium Industrial) District, located in the former Farmland Industries property, N of K-10 between Greenway Circle & E 1575 Rd. (PC Item 4D; approved 6-0-1 on 9/24/12) Staff Report Proposed Rezoning Map of Area PC Minutes Correspondence
e) Approve Special Use Permit, SUP-12-00100, for a Westar substation to provide electricity to the Former Farmland Industries property and surrounding properties. The property is located N of K-10 between Greenway Circle & E 1575 Rd. Submitted by Bartlett & West for Westar Energy. The City of Lawrence is the property owner of record. Adopt on first reading, Ordinance No. 8809, for a Special Use Permit (SUP-12-00100) for a Westar substation to provide electricity to the Former Farmland Industries property and surrounding properties. (PC Item 4F; approved 6-0-1 on 9/24/12) Staff Report Site Plan Map of Area PC Minutes
9. Accept dedication of easements for Minor Subdivision, MS-12-00033, for Parkway Plaza No. 5 located at 3512 and 3514 Clinton Parkway. Staff Memo Staff Report Plat
10. Authorize the increase of golf cart fees at Eagle Bend Golf Course for 2013 rentals by $1.00 per cart. Staff Memo
11. Authorize reimbursement in an amount not to exceed $12,400 in relocation expenses for EMR, Incorporated as an economic development retention incentive. Staff Memo
12. Authorize the Mayor to sign a Release of Mortgage for Janice M’Caelin-Light, 918 Murrow Court. Staff Memo
D. CITY MANAGER’S REPORT: CM Report & Attachments
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.
E. REGULAR AGENDA ITEMS:
1. Conduct public hearing to consider the vacation of right-of-way at 2104 Bob Billings Parkway, owned by Immanuel Lutheran Church & University Student Center. Staff Memo & Attachments
ACTION: Conduct public hearing and approve Order of Vacation of right-of-way at 2104 Bob Billings Parkway, if appropriate.
2. UPDATED 10/23/12: Open public hearing, and continue hearing to November 20, 2012, regarding exterior yard conditions at 331 Johnson Avenue and to consider adopting Resolution No. 6996, declaring the exterior to be in violation of the City’s Environmental Code and ordering the property owner to remove all violations within a specified period of time. Should owner fail to comply, the City would contract for the removal of the exterior yard violations. Staff Memo & Attachments Responses to Records Requests – Added 10/23/12
ACTION: Open public hearing, and continue hearing to November 20, 2012, regarding the adoption of Resolution No. 6996, declaring the exterior of 331 Johnson Avenue to be in violation of the City’s Environmental Code and order the property owner to remove all violations within a specified time period, if appropriate.
3. Consider the following items regarding the 9th and New Hampshire Redevelopment Project: Staff Memo & Attachments Correspondence – Added 10/23/12 Additional Staff Memo – Added 10/23/12
a) Continue the public hearing on the Redevelopment Plan for the South Project Area Tax Increment Financing District.
ACTION: Conduct public hearing and direct staff regarding changes to the Redevelopment Plan, if appropriate.
b) Continue the public hearing on the creation of the Transportation Development District for the project.
ACTION: Conduct public hearing and direct staff as appropriate.
c) Consider adopting on first reading, Ordinance No. 8791, adopting the Redevelopment Plan and approving a Redevelopment Agreement for the South Project Area (needs 2/3 majority), Ordinance No. 8803, creating the Transportation Development District for the project and authorizing levying an additional one percent (1%) sales tax on property owned by the developer, and Ordinance No. 8804, authorizing the issuance of Industrial Revenue Bonds for the project.
ACTION: Adopt on first reading, Ordinance No. 8791, adopting the Redevelopment Plan and authorizing the Mayor to sign a Redevelopment Agreement for the South Project Area, Ordinance No. 8803, creating the Transportation development District for the project and authorizing levying an additional one percent (1%) sales tax on property owned by the developer, and Ordinance No. 8804, authorizing the issuance of Industrial Revenue Bonds for the project, if appropriate.
4. Consider the following development related items for the proposed mixed use project at 100 E. 9th Street: Appeal Staff Memo Staff Report HRC Minutes of 09/20/12 Elevations Appeal Letter Site Plan - Added 10/19/12 Correspondence - Added 10/19/12
a) Consider the applicant’s appeal of the Historic Resource Commission’s conditions of approval related to the Downtown Design Guidelines review regarding building setback and on-street parking.
b) Consider the request for demolition of the existing structure located at 100 E 9th Street.
c) Consider the roundabout proposed for the intersection of 9th and New Hampshire Street.
ACTION: Direct staff, as appropriate.
5. Consider authorizing the Mayor to execute an agreement with the Kansas Department of Transportation for the 9th Street, Tennessee Street to Kentucky Street improvements, and approve the removal of parking on south side of 9th Street between Tennessee Street and Kentucky Street and adopt on first reading, Ordinance No. 8815, establishing no parking along the south side of 9th Street from Tennessee Street to Kentucky Street. Staff Memo Paving Marking Map Pavement Marking with Parking Map Correspondence - Added 10/19/12
ACTION: Authorize the Mayor to execute an agreement with the Kansas Department of Transportation for the 9th Street, Tennessee Street to Kentucky Street improvements, and approve the removal of parking on south side of 9th Street between Tennessee Street and Kentucky Street and adopt on first reading, Ordinance No. 8815, establishing no parking along the south side of 9th Street from Tennessee Street to Kentucky Street, if appropriate.
6. Receive staff update on Varsity House, 11th and Indiana project. Staff Memo and Attachments – Added 10/23/12
ACTION: Direct staff as appropriate.
F. PUBLIC COMMENT:
G. FUTURE AGENDA ITEMS: Staff Memo & Attachments
H. COMMISSION ITEMS:
I. CALENDAR: Meeting List - Updated 10/23/12
· City Commissioners are invited to attend the Douglas County Senior Services Chili cook-off, Saturday, October 20, 4:00 – 7:00 p.m. Invitation
· Discover Bert Nash Session Open House, Wednesday, October 24, 10:00 – 11:00 a.m. Location: Community Health Facility – 2nd Floor meeting rooms. This is an invitation only event.
· City employee service awards luncheon, Friday, October 26, 11:30 – 1:30 p.m. Location: Douglas County Fairgrounds, Building 21, 2120 Harper Street.
· City Commission meeting scheduled for October 30 is canceled due to it being the fifth Tuesday of the month.
· Phoenix Awards, Sunday, November 4, 2:00 p.m. Location: Lawrence Arts Center, 940 New Hampshire.
· City Commission Meeting scheduled for Tuesday, November 6 has been moved to 5:00 p.m. due to the Election.
· Dedication ceremony of new playground at John Taylor Park, 11:30 a.m. on Friday, November 9.
· Elected officials luncheon with officials from Black Hills Energy, Wednesday, November 14. Time and Location to be announced.
· City offices closed November 22 and November 23 in observance of the Thanksgiving holiday.
· National League of Cities & Exposition Conference, November 27 – December 1. Location: Boston, MA.
· City Commission meeting scheduled for December 25 is canceled due to the Christmas Holiday.
· City Commission meeting scheduled for January 1 is canceled due to the New Year Holiday.
· There is a City Commission meeting scheduled for January 3, 2013 at 9:00 a.m. and will consist of bill paying and consent agenda items only.
· Chamber of Commerce Annual Meeting, Friday, January 25, 2013. Location: Liberty Hall/Eldridge. Time: TBD.
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*City Commission meeting dates are in black bold print
J. 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.
150th Anniversary Advisory Committee:
This is a new committee that shall have nine (9) members and will be tasked with advising the City Commission on the implementation of the 150th Anniversary schedule of events and to recognize the 150th Anniversary of the August 21, 1863 raid on the City of Lawrence by Quantrill and his followers.
Three positions expire 05/31/12. All are eligible for reappointments to additional terms.
Board of Zoning Appeals/Sign Code Board of Appeals:
One vacancy for a position that expires 09/30/13.
Building Code Board of Appeals:
One position expires 12/31/12 and is eligible for reappointment to an additional term.
Community Development Advisory Committee:
Two positions will expire 09/30/12 and are not eligible for reappointment.
Downtown Task Force:
Appointment of seven to eleven members available on this newly formed task force.
Electrical Code Board of Appeals:
One vacancy for a position that expired 03/31/12. Eligibility requirements exist for this board.
Homeless Issues Advisory Committee:
One vacancy for a position that expires 12/31/13.
Two vacancies for positions that expired 09/30/12. One vacancy for a position that expires 09/30/14.
One position expires 09/30/12 and is eligible for reappointment to an additional term.
One vacancy for a position that expires 11/30/12. Two additional positions will become vacant 11/30/12. Three positions that expire 11/30/12 are eligible for reappointment.
Lawrence Citizen Advisory Board:
Two vacancies for positions that expired 03/01/12.
Lawrence Cultural Arts Commission:
One vacancy for a position that expires 01/31/15.
Lawrence Douglas County Advocacy Council on Aging:
One vacancy on this board.
Lawrence-Douglas County Bicycle Advisory Committee:
One position expires 12/31/12 and is eligible for reappointment to an additional term.
Parks & Recreation Advisory Board:
Three positions expire 12/31/12. Two positions will be eligible for reappointment and one position will become vacant.
Public Transit Advisory Committee:
Three positions expire 12/31/12 and are eligible for reappointment to additional terms.
One vacancy for a position that expires 04/30/14.
Three positions expire 12/31/12 with two of them being eligible for reappointment to additional terms and one becoming vacant.
Sustainability Advisory Board:
Five positions expire 12/31/12. Three positions will be eligible for reappointment to additional terms and two positions will become vacant.