CITY
COMMISSION
MEETING AGENDA
May 4, 2004 – 6:45 p.m.
(Posted on webpage at 5:00 p.m. on 04/29/04)
UPDATES:
Updated at 11:00 a.m. on 05/04/04 to defer until May 18 Consent Agenda Item No. 13, to approve the request to sell 130 Providence to Tenants to Homeowners, Inc., for future affordable housing. 130 Providence
Updated at 2:45 p.m. on 04/30/04 to add Ambulance Fee Proposal to Consent Agenda Item #6-f. Ambulance Fee Proposal
Updated at 10:45 a.m. on 04/30/04 to add the word DRAFT to the PIRC Minutes and to remove Map 2 from Consent Agenda Item No. 10-a as it did not refer to this item. TUPR
A request has come in to pull Consent Agenda Item #13 from the Consent Agenda for discussion.
A. RECOGNITION/PROCLAMATION/PRESENTATION:
1. Proclaim Saturday, May 8 as “SERTOMA BAR-B-Q COOK-OFF DAY.”
2. Proclaim the week of May 2 – 9 as “NATIONAL MUSIC WEEK.” Music Week
3. Proclaim the week of May 10 – 16 as “COVER THE UNINSURED WEEK.”
4. Proclaim the month of May as “MENTAL HEALTH MONTH.” Mental Health Month
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. Approve City Commission meeting minutes from 04/20/04.
CC Minutes 04/27/04 Minutes Memo
2. Receive minutes from various boards and commissions:
Convention & Visitors Bureau Advisory Board meeting of 03/30/04; CVB Minutes
Arts Commission meetings of 01/14/04, 02/11/04, and 03/10/04; LAC Minutes
Board of Plumbers and Pipe Fitters meeting of 01/21/04; BOPAPF Minutes
Neighborhood Resources Advisory Committee meeting of 04/08/04; NRAC Minutes
Task Force on Homeless Services meeting of 03/30/04; TFHS Minutes
Public Incentive Review Committee meeting of 04/15/04; PIRC Minutes
3. Claims. Approve all claims.
4. Approve licenses as recommended by the Department of Administrative Services. Licenses
5. Bid and purchase items:
a) Set bid opening date of May 18, 2004 for various 2004 Waterline Improvements. Waterline Improvements
6. Adopt the following ordinance(s) on first reading:
a) Ordinance No. 7703, rezoning 6.195 acres from A (Agricultural) District to RS-1 (Single-Family Residential) District, property located at the extensions of Foxfire Drive and Burning Tree Drive south and west of the existing Foxfire Development. Approved by CC on September 16,2003.
b) Ordinance No. 7711, rezoning 23.9380 acres from A (Agricultural) District to RMD (Duplex Residential) District, property located on the south side of K-10 Highway and west of O'Connell Road. Approved by CC on October 14, 2003. Ordinance 7711
c) Ordinance No. 7712, rezoning 8.6220 acres from A (Agricultural) District to RS-2 (Single-Family Residential) District, property located on the south side of K-10 Highway and west of O'Connell Road. Approved by CC on October 14, 2003. Ordinance 7712
d) Ordinance No. 7732, Text Amendment (TA-09-03-03) adding water/wastewater review requirements and park service area standards to the Joint Subdivision Regulations. Approved by CC on December 9, 2003. Approved by BCC on April 26, 2004. Ordinance 7732
e) Ordinance 7764, rezoning 20.1626 acres from B-3 (Limited Business) District to RM-1 (Multiple-Family Residential) District, property located at the northeast corner of Clinton Parkway and K-10 Highway. Approved by CC on March 1, 2004. Ordinance 7764
f) Ordinance No. 7774, increasing fees and mileage rates for ambulance services and deleting certain additional costs. Approved by County Commission on April 19, 2004. Ordinance 7774 Ambulance Fee Proposal
7. Adopt the following ordinance(s) on second and final reading:
a) Ordinance No. 7784, changing the name of Woods Court in the final plat of The Woods on 19th to Villo Woods Court. Ordinance 7784
b) Ordinance No. 7786, establishing No Parking along the east side of Stone Meadows Drive from 15th Street north 730 feet.
c) Ordinance No. 7788, authorizing the sale, consumption, and possession of alcoholic beverages at Broken Arrow Park on Friday, May 7 and Saturday, May 8 for the Sertoma Club BBQ Cook-off Fundraiser.
8. Adopt the following resolution(s):
a) Resolution No. 6545, approving a special warranty deed for E & E Specialties, Inc. Staff Memo Resolution 6545 Gilmore & Bell Letter Special Warranty Deed
9. Approve the following site plan(s), subject to conditions:
a) SP-03-20-04: Minor alterations to an existing 4-plex, a site plan for the modification of a basement apartment of a building located at 1000 Mississippi Street. Submitted by Christopher Turner, contractor for Ole Miss Properties, L.C., property owner of record.
Staff Report Correspondence Site Plan
10. Approve the following temporary use permit upon review:
a) TUPR-04-09-04: Excavation/Fill of 7.12 acres located on the southwest corner of 15th Street & Haskell Avenue, also known as 1503 Haskell Avenue. Submitted by Harold Shephard property owner of record.
11. Approve request from Briarwood Addition developer to extend time allowed for the completion of sidewalk construction for the seven remaining tracts, per the Amended Final Development Plan, from April 1, 2004 to December 31, 2004.
Briarwood Request Notice to Briarwood Sidewalk Note
12. Authorize the Mayor to sign Mortgage Releases for Vicki Pepperdine, 829 E. 13th Street.
13. Authorize
the Mayor to approve the request to sell 130 Providence to Tenants
to Homeowners, Inc. for future affordable housing. Staff Memo
D. REGULAR AGENDA ITEMS:
1. Consider the following smoking issues:
a) Commissioner Highberger requests discussion of the motion made at the April 20, 2004 City Commission meeting directing staff to assist in the smoking ordinance referendum issue.
b) Adopt on first reading Ordinance No. 7782, concerning smoking in public places. Staff Memo Ordinance 7782 - Revised
c) Adopt on first reading Ordinance No. 7789, considering the sale of cigarettes and tobacco products to minors. Staff Memo Ordinance 7789
ACTION: Adopt Ordinance No. 7782 and Ordinance No. 7789 on first reading, if appropriate.
2. Receive the 2003 annual tax abatement report.
Staff Report 2003 Tax Abatement Report Trend Analysis of Tax Abatements by Kirk McClure PRI Analysis PIRC Minutes of 04/15/04
ACTION: Receive report.
3. Consider the following Fire/Medical facility items: Staff Memo
a) Affirm the design and construction plans for Fire Station No. 5, accept Douglas County’s financial participation letter, and adopt Resolution 6547, authorizing $5,000,000 in debt authority.
County Memo on Station 5 Resolution 6547
b) Authorize staff to negotiate a design and construction contract with Sabatini and Associates for Station No. 4 and adopt Resolution 6546, authorizing $150,000 in debt authority.
Architectural Services for relocation Station 4 Resolution 6546
ACTION: Adopt Resolution No. 6546 and Resolution No. 6547. Proceed with negotiations for design and construction contract with Sabatini and Associates, if appropriate.
4. Consider adopting findings of fact, approving rezoning requests, and authorize drafting of ordinances for placement on future agenda for the following:
6th Street Nodal Plan Resolution 6508 approving Nodal Plan
a) Z-09-29-02: A (Agricultural) to RS-2 (Single Family Residential); 32.253 acres; Diamond Head, southwest corner of 6th Street & George Williams Way (PC Item No. 10A on 10/30/02; on 11/18/03 City Commission voted to table the request until study session with the County Commission.)
Staff Report Planning Map PC Minutes CC Minutes
b) Z-09-30-02: A (Agricultural) to RM-1 (Multiple-Family Residence); 14.467 acres; Diamond Head, southwest corner of 6th Street & George Williams Way (PC Item No. 10B on 10/30/02; on 11/18/03 City Commission voted to table the request until study session with the County Commission.)
Staff Report Planning Map PC Minutes CC Minutes
c) Z-09-31-02: A (Agricultural) to RO-2 (Residence-Office District); 7.013 acres; Diamond Head, southwest corner of 6th Street & George Williams Way (PC Item No. 10C on 10/30/02; on 11/18/03 City Commission voted to table the request until study session with the County Commission.)
Staff Report Planning Map PC Minutes CC Minutes
d) Z-09-32-02: A (Agricultural) to RM-2 (Multiple-Family Residence); 12.836 acres; Diamond Head, southwest corner of 6th Street & George Williams Way (PC Item No. 10D on 10/30/02; on 11/18/03 City Commission voted to table the request until study session with the County Commission.)
Staff Report Planning Map PC Minutes CC Minutes
e) Z-09-33-02: A (Agricultural) to PCD-2 (Planned Commercial District); 32.713 acres; Diamond Head, southwest corner of 6th Street & George Williams Way - (PC Item No. 10E on 10/30/02; on 11/18/03 City Commission voted to table the request until study session with the County Commission.)
Staff Report Planning Map PC Minutes CC Minutes
ACTION: Adopt findings of fact, approve rezoning requests, and authorize drafting of ordinances for placement on a future agenda, if appropriate.
5. Consider the adoption of the 2004 Action Plan of the Consolidated Plan and consider Resolution No. 6548, authorizing the Mayor to execute agreements for the 2004 CDBG and HOME programs and other such documents as may be required to be submitted to the U.S. Department of Housing and Urban Development for such programs. Please note: the Action Plan is a very large PDF file and could take several minutes to open. The Action Plan can also be viewed on the Neighborhood Resources Department web page at: http://www.lawrenceneighres.org/CommunityDevelopmentDivision.shtml.
ACTION: Adopt the 2004 Action Plan of the Consolidated Plan and adopt Resolution No. 6548, if appropriate.
E. PUBLIC COMMENT:
F. COMMISSION ITEMS:
G. CALENDAR: Meeting List
1. Establish date for goal setting and visioning study session.
2. REMINDER – There is a study session scheduled for Wednesday, May 5 at 9:00 a.m. in the City Commission Room. The topic is SE Development.
3. REMINDER – Commissioners will be meeting with department heads to discuss major budget issues on Monday, May 17 from 1:00 – 3:00 p.m., on Tuesday, May 18 from 1:00 – 3:00 p.m., and Wednesday, may 19 from 9:00 – 10:00 a.m.
4. REMINDER – There is a study session scheduled for Wednesday, May 19 at 10:30 a.m. in the City Commission Room. The topic includes: 2004 Operating Budget/Multi-Year CIP/Debt Review and to receive recommendations and provide direction on contractural agency allocations.
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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 Plumbers and Pipe Fitters:
One position held by Bob Bookman will expire 04/30/04. Mr. Bookman is eligible to serve an additional term.
One position held by Josef Rantner will expire 04/30/04. Mr. Rantner has served two consecutive terms and is not eligible to be appointed to an additional term.
Downtown Parking Advisory Board:
One vacancy for the position held by Win Campbell, which expired 09/30/03.
Library Board:
One position held by Bill Snead will expire 04/30/04. Mr. Snead is not able to serve an additional term.
Lawrence-Douglas County Metropolitan Planning Commission:
Two positions, held by David Burress and Myles Schachter will expire on 05/31/04. Both Mr. Burress and Mr. Schachter are eligible to serve additional terms.
Mental Health Board
One position held by Marilyn Bittenbender will expire on 04/30/04. Ms. Bittenbender is not eligible to serve an additional term.
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. Mr. De Vries has served two consecutive terms and is not eligible for appointment to an additional term.
Recycling Resource Conservation Advisory Board:
One vacancy for the un-expired position held by Jeff Abbott which expires 12/31/04.
Sister Cities Advisory Board:
One vacancy for the un-expired position held by Jodi Simek which expires 12/31/06.
Traffic Safety Commission:
One position held by Steve Blackwell will expire on 04/30/04. Mr. Blackwell is eligible to serve an additional term.