CITY
COMMISSION
MEETING AGENDA
December 14, 2004 – 6:35 p.m.
(Posted on webpage at 4:30 p.m. on 12/09/04)
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Updates:
On 12/14/04 at 4:30 p.m.:
- Regular Agenda Item No. 4 – added correspondence from University of Kansas regarding 2005 Water/Wastewater rates.
- Regular Agenda Item No. 4 – added staff response to University of Kansas letter regarding 2005 Water/Wastewater rates.
- Regular Agenda Item No. 5-c – added correspondence from University Place Neighborhood Association and Oread Neighborhood Association regarding the City/University of Kansas Land Use Agreement.
On 12/13/04 at 1:50 p.m.:
- Regular Agenda Item No. 2 – added correspondence from Lawrence Douglas County Health Department regarding smoking ordinance.
- Regular Agenda Item No. 5-a – added correspondence from League of Women Voters of Lawrence-Douglas County regarding the development code.
- Regular Agenda Item No. 5-b/c – added correspondence from Lawrence Association of Neighborhoods regarding the proposed zoning code and the draft City/University of Kansas land use agreement.
- Regular Agenda Item No. 5-c – added a revised University of Kansas boundary map.
On 12/10/04 at 3:45 p.m.:
- Regular Agenda Item No. 5-c – added correspondence from the University of Kansas.
On 12/10/04 at 1:45 p.m.:
- Consent Agenda Item No. 4 – removed Quinton’s Bar and Deli and Yacht Club from the license approvals as they were approved on the November 30, 2004 agenda.
- Regular Agenda Item No. 2 – added staff memo summarizing the St. Louis Park ordinance regarding a smoking ban.
A. RECOGNITION/PROCLAMATION/PRESENTATION:
1. None.
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 11/23/04 and 11/30/04.
2. Receive minutes from various boards and commissions:
Board of Plumbers and Pipe Fitters meeting of 10/20/04
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 Department of Administrative Services. Licenses Memo - Updated 12/10/04
5. Approve appointments as recommended by the Mayor. Appointment Memo
6. Bid and purchase items:
a) Approve low bid from Nowak Construction for Clinton Parkway relief sewer project in the amount of $79,185. Approve acquisition of necessary property interests for the project from Aberdeen Apartments in the amount of $20,676.00. Clinton Parkway Relief Sewer Staff Memo Aberdeen Acquisition Memo Project Area Map
b) Authorize the City Manager to enter into a contract with RD Johnson in the amount of $56,431.30 for completion of technical specifications for Concrete Work for Bus Bay and Shelter Relocation and Installation Contract at Various Sites. Staff Memo
c) Approve recommended bids as marked with an (*) for 2005 water treatment chemicals. Staff Memo Bid Tab
d) Authorize City Manager to execute agreement with Tischler & Associates, Inc. for Fiscal Impact Study in the Phase I amount of $12,800. Consulting Contract
e) Authorize the City Manager to enter into a contract with Bartlett and West Engineering in the not-to-exceed amount of $313,702.30 for detailed design and construction phase services for the North Lawrence Pump Stations 1, 2, and 3 Improvement Project. Staff Memo North Lawrence Pump Station Map
f) Authorize the City Manager to enter into a contract with Nutri-ject Systems, Inc. for $106,000 for biosolids land application services for 2005. Staff Memo
g) Set bid opening date of January 4, 2005 for the Neighborhood Resources Comprehensive Rehabilitation Projects at 811 East 11th Street and 2236 East Drive. Bid Document
7. Adopt the following ordinance(s) on first reading:
a) Ordinance No. 7799, rezoning [Z-04-15-04] a tract of land containing approximately 26.712 acres from A (Agricultural) District to RS-2 (Single-Family Residential) District. The property is generally described as being located north of Harvard Road (extended) and east of George Williams Way (extended). Submitted by Landplan Engineering, P.A., for Green Tree L.C., applicant, and Michael D. Stultz, property owner of record.
b) Ordinance No. 7849, establishing RESERVED PARKINGING FOR PERSONS WITH DISABILITIES in front of 1505 Vermont Street (tsc_11.8.04_item no.7). Ordinance 7849 TSC Minutes Correspondence Map
c) Ordinance No. 7850, establishing that traffic shall yield on 29th Street at Kensington Drive (tsc_11.8.04_item no.4). Ordinance 7850 TSC Minutes Correspondence Map Study
8. Adopt the following ordinance(s) on second and final reading:
a) Ordinance No. 7847, establishing NO PARKING along the south side of Kresge Road along the entire frontage of 601 N. Iowa Street (tsc_11.8.04_item no. 3). Ordinance 7847 TSC Minutes Correspondence Map Pictures
b) Ordinance 7843, establishing maximum special assessments for the improvement of Lake Point Drive. Ordinance 7843 Notice of Hearing Map
c) Ordinance 7848, establishing maximum special assessments for the improvement of 3rd Street, Alabama Street to Illinois Street. Ordinance 7848 Notice of Hearing Map
9. Adopt Resolution 6574, declaring the boundaries of the City of Lawrence, Douglas County, Kansas. Staff Memo Resolution 6574 Map
10. Approve the following site plan(s), subject to conditions:
a) SP-08-56-04: Cornerstone Plaza 2, a site plan for the construction of a commercial building located at 1918 E. 23rd Street. Submitted by Paul Werner Architects for, Rick Cornerstone Plaza LLC, property owner of record. Staff Report Site Plan Map
b) UPR-09-03-04: Use Permitted Upon Review for Village Meadows Retirement Community. The property is generally described as being located north of W. 6th Street and west of Congressional Drive. Submitted by Paul Werner Architects, L.L.C., for Continuum Associates LTD, contract purchaser. B J Mellmanor Townhouse Apartments, L.L.C., and 6WAK Land Investments, L.L.C., are property owners of record. (Item 10B; approved 8-0.) Staff Report Planning Map Site Plan Map Staff Memo E-mail Correspondence
11. Authorize the City Manager to sign the Project Information Form for the Save America’s Treasures Grant from the NPS. Staff Memo
12. Authorize the Mayor to sign a Subordination Agreement for Diane Bucia, 333 Johnson Avenue. Staff Memo
C. CITY MANAGER’S REPORT: CM Report
D. REGULAR AGENDA ITEMS:
1. Consider approving (subject to conditions) SP-09-61-04: City of Lawrence Evidence Storage Facility, a site plan for the change of use of existing buildings from industrial/building manufacturing use to a storage facility. The property is located at 900 E. 15th street. Submitted by the Lawrence Police Department for the City of Lawrence, property owner of record. Staff Report Site Plan Map
ACTION: Approve site plan, subject to conditions, if appropriate.
2. Discuss proposed ordinance from Phil Bradley concerning restrictions on smoking in public places. Appeal to Reason and Tolerance Coalition Statement Smoking Ban Information Staff Memo on St. Louis Park Ordinance - added 12/10/04 Correspondence from Health Department - added 12/13/04
ACTION: Direct staff as appropriate.
3. Consider approving UPR-10-05-04: Use Permitted upon Review request for a preschool. The property is described as being located at 4931 W. 6th Street, Suite 118, and a portion of the adjacent property located at the southeast corner of W. 6th Street and Congressional Drive. Submitted by Amy Gottschamer, owner of Googols of Fun. The Bristol Groupe is property owner of record. (Item 9; approved 7-1 with revisions.)
Staff Report Planning Map Plan Map PC Minutes PC Action Letter
ACTION: Approve UPR-10-05-04, subject to conditions and use restrictions, if appropriate.
4. Receive revised 2005 Water/Wastewater rate information.
Water/Wastewater Information Table of Contents
Correspondence (12-08-04) from University of Kansas - added 12/14/04
Staff Memo/Response to 12-08-04 University of Kansas Letter - added 12/14/04
ACTION: Direct staff to prepare rate ordinance for 2005 water and wastewater rates, as appropriate.
5. Receive Planning Commission recommendations concerning proposed Development Code and Zoning Map. Receive and discuss Planning Commission recommendation concerning draft City/University of Kansas land use cooperation agreement. Please note: to view the actual development code, internet access is required.
a) Development Code. TA-10-05-04: Pursuant to the provisions of K.S.A. Chapter 12, Article 7, consider the adoption of “Development Code, November 17, 2004, Edition,” enacting a new Chapter 20 of the Code of the City of Lawrence, Kansas, establishing comprehensive zoning regulations and other land use regulations. The “Development Code, November 17, 2004 Edition” is a general and complete revision of the City’s existing zoning regulations, Ordinance No. 3500 and all amendments thereto, and affects all property within the corporate limits of the City of Lawrence, Kansas. The “Development Code, November 17, 2004 Edition” is incorporated by reference as if fully set forth in this notice. Copies of the “Development Code, November 17, 2004 Edition” are available for review at the Office of the Lawrence-Douglas County Planning Department, City Hall, 6 E. 6th Street, Lawrence, Kansas. The “Development Code, November 17, 2004 Edition” is also available on the Planning Department’s website at: www.lawrenceplanning.org. This item was referred back to the Planning Commission by the City Commission at its meeting on July 20, 2004. (Item 3; approved 8-0.) Staff Report PC Minutes GPI Parcel Ownership List Correspondence Annotations on Development Code Provided by The League of Women Voters - Land Use Committee Correspondence from League of Women Voters - added 12/13/04
b) Zoning Map. Z-10-49-04: The proposed “Zoning Map, November 17, 2004 Edition” includes zoning designations for all property located within the corporate limits of the City of Lawrence, Kansas. The proposed “Zoning Map, November 17, 2004 Edition” is incorporated by reference as if fully set forth in this notice. Copies of the proposed “Zoning Map, November 17, 2004 Edition” are available for review at the office of the Lawrence-Douglas County Planning Department, City Hall, 6 E. 6th Street, Lawrence, Kansas. The proposed “Zoning Map, November 17, 2004 Edition” is also available on the Planning Department website at: www.lawrenceplanning.org. This item has six subparts which include: 1) those zoning designations that convert based on the table in section 20-110(e) of the Development Code; 2) public and quasi-public properties that convert to GPI (General Public and Institutional Use) District and to OS (Open Space) District; 3) the main campus of Lawrence Memorial Hospital that converts to H (Hospital) District; 4) the primary campus of the University of Kansas that converts to a U (University) District designation of U (UK) and Haskell Indian Nations University properties that convert to the U (University) District; 5) properties annexed into the city that retained their County Zoning designation that convert to the UR (Urban Reserve) District; 6) existing Planned Unit Development Districts that convert to special zoning district categories unique to each existing Planned Unit Development. Maps for each of these special base zoning districts were developed for discussion purposes. These designations are part of the official zoning map and appear on the composite zoning map of all district designations. Initiated by the Planning Commission at its meeting on August 25, 2004. (Item 4; approved 8-0 with revisions.) Staff Report PC Minutes Proposed New GPI Districts Map
Proposed OS District Map Proposed New Hospital Zoning District Map Proposed U District Map Proposed UR District Map
PUD Overlay Conversion Map Correspondence from Lawrence Association of Neighborhoods - added 12/13/04
c) Receive Planning Commission recommendation on proposed City/University of Kansas land use cooperation agreement. City/University of Kansas Land Use Cooperation Agreement
University of Kansas Property Map University of Kansas Boundary Map
Correspondence from University of Kansas - added 12/10/04 Revised University of Kansas Boundary Map - added 12/13/04 Correspondence from University Place Neighborhood Association - added 12/14/04 Correspondence from Oread Neighborhood Association - added 12/14/04
ACTION: Direct preparation of ordinance adopting the development code for first reading on the December 21, 2004 agenda. The Development Code would take effect January 24, 2005; Approve proposed zoning map, November 17, 2004 edition; and direct staff concerning City/University of Kansas land use cooperation agreement, if appropriate.
E. PUBLIC COMMENT:
F. COMMISSION ITEMS:
G. CALENDAR: Meeting List
1. Adopt 2005 meeting schedule format. If adopted, this schedule will replace the meeting list used currently, effective January 1, 2005. 2005 Meeting Schedule
2. Establish February 11-12, 2005 as the date for a design forum.
3. City offices will be closed on Friday, December 24 in observance of the Christmas Holiday.
4. REMINDER – The City Commission meeting on Tuesday, December 28 will start at 9:00 a.m.
5. City offices will be closed on Friday, December 31 in observance of the New Year Holiday.
6. REMINDER – There is a Joint City/County/USD 497 study session scheduled for Monday, January 3, 2005 at 3:30 p.m. at the Douglas County Courthouse, 1100 Massachusetts.
7. City offices will be closed on Monday, January 17 in observance of Martin Luther King, Jr. day.
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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.
One vacancy for the un-expired position (Paul Stewart) that expires 05/31/05.
Convention & Visitors Bureau Advisory Board:
One vacancy for the un-expired position (Tom Rost) that expires 07/01/07. This position is designated as a “hotel industry” position.
Two positions (Don Shepard – at large, and Kelly Boyle-Wolfe – target area) will expire 12/31/04. Both have served two consecutive terms and are not eligible for reappointment to additional terms.
One vacancy for the un-expired position (Maren Turner) that expires 09/30/06.
Neighborhood Resources Advisory Committee:
One vacancy for the position (Terri Pippert) that expired 09/30/04. This position is designated as an “at-large” position.
Parks and Recreation Advisory Board:
Two positions (Alice Ann Johnston and Richard Konzem) will expire 12/31/04. Both have served two consecutive terms and are not eligible to be reappointed to additional terms.