City
Commission
Meeting Agenda
February 17, 2004
6:35 p.m.
Updated on 02/13/04 at 2:45 p.m. to include:
Updated Consent Agenda Item #5 – added George Paley to the names for appointment to the Business Retention Task Force. Appointments
Added Consent Agenda Item #6-g: setting a bid date of 03/09/04 for a comprehensive housing rehabilitation project at 407 Elm.
Added Consent Agenda Item #11, authorizing the Mayor to sign a subordination agreement. Subordination Memo
Updated on 02/13/04 at 5:15 p.m. to include:
Added to Regular Agenda Item #4, correspondence received from Eric Melgren, U.S. Dept. of Justice, regarding the US Patriot Act. Melgren 02-13-04 Correspondence
A. RECOGNITION/PROCLAMATION/PRESENTATION:
B. 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. City Commission meeting minutes of 02/10/04 are not completed and will be on the 02/24/04 agenda for approval. Staff Memo
2. Receive minutes from various boards and commissions:
Public Library Board meeting of 01/19/04; Library Minutes
Parks and Recreation Advisory Board meeting of 01/20/04; Parks Minutes
Lawrence-DGCO Health Board meeting of 12/15/03; Health Board Minutes
3. Claims. Approve all claims.
4. Approve licenses as recommended by the Department of Administrative Services: Licenses
5. Approve appointments as recommended by the Mayor. Appointments
6. Bid and purchase items:
a) Approve purchase from Roberts Auto Plaza for one (1) half ton 4X4 pickup off the MACPP cooperative bid in the amount of $16,059.00. (Public Works/Solid Waste). MACPP Bid
b) Approve purchase from Olathe Ford for one (1) one ton 4X4 truck off the MACPP cooperative bid in the amount of $19,983.00. (Public Works/Solid Waste). MACPP Bid
c) Approve purchase from KCR International for one (1) dump truck off the MACPP cooperative bid in the amount of $58,996.00. (Utilities/Collections). MACPP Bid
d) Approve bid from Laird Noller Ford for one (1) Tool Body Truck in the amount of $30,020.00 (Public Works/Streets). Tool Body Truck Bid
e) Authorize the City Manager to execute an Engineering Services Agreement with The Peridian Group for Project No. 73-CP19-1102(BD) Folks Road, 6th Street to Harvard Road, street, storm sewer, and waterline improvements, in the amount of $67,305.00. Staff Memo
f) Authorize an increase in the engineering design fee with Bucher Willis and Ratliff Corporation, in the amount of $32,343.86, for the 6th Street Waterline project to accommodate modifications in the original design plans and to allow design of a 16 inch waterline to the west side of K10.
g) Set a bid opening date of March 9, 2004 for the comprehensive housing rehabilitation project at 407 Elm Street.
7. Adopt the following ordinance(s) on first reading:
a) Ordinance No. 7740, rezoning [Z-11-39-03] 5,000 square feet from RM-2 (Multiple-Family Residential) District to C-5 (Limited Commercial) District, property located at 1703/1711 W. 6th Street. Approved by CC on January 6, 2004. Ordinance 7740
8. Adopt findings of fact; approve rezoning requests; authorize drafting of ordinances for placement on future agenda:
a) Z-12-51-03: A request to rezone a tract of land approximately 8.83 acres from PID-1 (Planned Industrial Development) District and M-1 (Research Industrial) District to PRD-2 (Planned Residential Development) District. The property is generally located north of W. 15th Street and east of Research Park Drive. Initiated by the Planning Commission on December 17, 2003. W. David Kimbrell (contract purchaser) and Bobwhite Meadow LP, Mabet #1, and Hi-Tech Facility Investors, are property owners of record. (PC Item No. 7A, approved 9-0.)
Staff Report Area Map PC Minutes Communications
b) Z-11-40-03: A request to rezone a tract of land approximately 41 acres from A (Agricultural) District to RS-1 (Single-Family Residential) District. The property is generally described as being located east of George Williams Way at Harvard Road. Initiated by the Planning Commission at the November 19, 2003, meeting. The City of Lawrence is the property owner of record. (PC Item No. 8, approved 9-0.)
Staff Report Area Map PC Minutes
9. Approve Preliminary Development Plan subject to conditions and use restrictions:
a) PDP-12-13-03: Revised Preliminary Development Plan for Oread West Office and a new Preliminary Development Plan for a Planned Residential Park. This property contains 16.893 acres and the proposal is for eight office buildings, five residential buildings containing 65 dwelling units, and a clubhouse. The property is generally located north of W. 15th Street and east of Research Park Drive. Initiated by the Planning Commission on December 17, 2003. W. David Kimbrell (contract purchaser) and Bobwhite Meadow LP, Mabet #1, and Hi-Tech Facility Investors, are property owners of record. (PC Item No. 7B, approved 9-0.)
Staff Report Area Map PC Minutes Communications Plat Plans
10. Authorize Mayor to execute agreement with Roger and Deanna Mayhugh concerning special assessments for Folks Road. Agreement
11. Authorize the Mayor to sign a Subordination Agreement for Jeremy and Kelly Brakenhoff, 2704 Ann Court. Subordination Memo
D. REGULAR AGENDA ITEMS:
1. Consider adopting Resolution No. 6526, ordering repair of the garage structure at 933 Rhode Island and requiring a performance bond, payable to the City, in an amount guaranteeing the repair cost; bond to be provided to the City at the time of the issuance of the building permit.
Staff Memo Enslinger Letter of December 31 2001
Horvath Letter of February 6 Horvath Letter of February 10 Resolution 6526
ACTION: Adopt Resolution No. 6526, if appropriate.
2. Consider adopting on first reading Ordinance No. 7742, amending [TA-02-01-03] Section 20-1808 Limitation on Successive Petitions, to establish a clear process and standards for the resubmittal of a zoning petition after denial of a petition for the same land parcel. Staff Memo Communications
ACTION: Adopt Ordinance No. 7742 on first reading, if appropriate.
3. Consider approving UPR-12-07-03, a Use Permitted upon Review request for placement of a cell tower. The applicant proposes a 150’ monopole tower. The property is located at the Clinton Water Treatment Plant facility at 2300 Wakarusa Drive. Submitted by Faulk & Foster for T-Mobile. The City of Lawrence is the property owner of record. (PC Item No. 9, approved 8-1.)
Staff Report Area Maps PC Minutes Communications Plat Plans Site Agreement Memo
ACTION: Approve UPR-12-07-03, if appropriate.
4. Receive draft resolution from the Lawrence Bill of Rights Defense Committee concerning USA Patriot Act.
Draft Resolution NLC Resolution Kobach Letter Melgren Letter Library Board Letter
Melgren 02-13-04 Correspondence
ACTION: Direct staff as appropriate.
5. Consider motion to recess into executive session to discuss the possible acquisition of real estate. The justification for the executive session is to keep possible terms and conditions confidential at this time. The regular session of the City Commission will resume in the City Commission meeting room in 30 minutes.
ACTION: Approve motion, if appropriate.
E. PUBLIC COMMENT:
F. COMMISSION ITEMS:
1. Recess meeting until 9:00 a.m. on Wednesday, February 18, 2004 in the City Commission Room for a study session and then recess into executive session in the City Manager’s Conference room for the City Manager’s evaluation. Meeting will be adjourned after the evaluation.
G. CALENDAR: Meeting List
1. City offices are closed on Monday, February 16 in observance of Presidents’ Day.
2. REMINDER – STUDY SESSION – City Commission meeting on downtown drinking establishments on February 18 at 9:00 a.m. in the City Commission Room. After a short break, the City Commission meeting will reconvene in executive session in the City Manager’s Conference Room for the City Manager’s evaluation at approximately 10:00 a.m.
3. REMINDER – STUDY SESSION – City Commission study session on Access Management/Traffic Impact Ordinance on Wednesday, February 25 at 1:30 p.m. in the City Commission Room.
4. REMINDER – STUDY SESSION – City Commission study session on EcoDevo 101 on Wednesday, February 25 at 3:00 p.m. in the City Commission Room.
5. REMINDER – STUDY SESSION – Joint City/Planning Commission study session on the zoning code on Friday, February 27 at 7:30 a.m. in the City Commission Room.
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*City Commission meeting dates are in black bold print
H. CURRENT VACANCIES – BOARDS/COMMISSIONS:
Listed below are existing and upcoming vacancies on City of Lawrence Advisory Boards. If interested in serving on a board, citizens should send a letter of interest to the Mayor, P.O. Box 708, Lawrence, KS 66044.
Board of Electrical Examiners and Appeals (eligibility requirements must be met):
One vacancy for the un-expired position held by Leith Winsor (at-large), which expires 03/31/05. One vacancy for the un-expired position held by Mark Grinstead (Fire Dept. rep), which expires 03/31/04. One position, held by Moncef Hadiji (at-large), will expire 03/31/04. Mr. Hadiji is eligible to be reappointed to an additional term.
Business Retention Task Force:
Several appointments, as determined by the Mayor, are needed. Commissioners Rundle, Hack, and Schauner have volunteered to serve on this board.
Downtown Parking Advisory Board:
One vacancy for the position held by Win Campbell, which expired 09/30/03.
Historic Resources Commission (eligibility requirements must be met):
Three positions, held by Jeff Messick (architect), Paul Stuewe (historian), and Anne Marvin (at-large) will expire 03/01/04. Mr. Messick and Mr. Stuewe are not eligible to be reappointed. Ms. Marvin is eligible to be reappointed.
Housing Trust Fund:
One vacancy for the un-expired position held by Dan Sabatini, which expired 12/31/03.
Human Relations Commission:
One vacancy for the position held by Oscar Marino expired 09/30/03.
Lawrence Arts Commission:
Two positions, held by William Carswell and Linda Stone-Ferrier, will expire on 01/31/04.
Neighborhood Resources Advisory Committee (eligibility requirements must be met):
One vacancy for the position held by Gunter De Vries (North Lawrence), which expired on 12/31/03.
Mechanical Code Board of Appeals (eligibility requirements must be met):
One position, held by Bryan Watt, will expire 03/31/04. Mr. Wyatt is eligible to be reappointed to an additional term. This position must be held by someone qualified by training and experience.
Public Health Board:
One position, held by Dr. Tom Liebel, will expire 03/31/04. Dr. Liebel is eligible to be reappointed to an additional term.
Traffic Safety Commission:
One vacancy for the un-expired position held by Brian Edwards which expires 04/30/05.
Uniform Building Code of Appeals (eligibility requirements must be met):
One vacancy for the un-expired position held by Ken White which expires 11/30/04.