CITY COMMISSION

MEETING AGENDA

November 29, 2005 6:35 p.m.

(Posted on webpage at 4:00 p.m. on 11/23/05)

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Updates:

On 11/29/05 @3:30 p.m., added correspondence from The Woods on 19th Street regarding Regular Agenda Item No. 6 – Burroughs Creek Plan.

 

On 11/29/05 @ 9:45 a.m., the following items were added:

§                     Added as a walk on consent item, recommend approval of a memorial in front of Liberty Hall to honor Tim Griffith, subject to public works department approval.   Request for Memorial

§                     Added to Regular Agenda Item No. 5, correspondence from the League of Women Voters in support of the Marijuana Ordinance.

 

On 11/28/05 @ 2:30 p.m., the following items from the Drug Policy Forum of Kansas were added to Regular Agenda Item No. 5:

§                     An updated marijuana survey;

§                     A position paper on HEA Drug Provision; and

§                     A position paper on Marijuana fines.

                                                                                     

 

 

A.        RECOGNITION/PROCLAMATION/PRESENTATION:

 

1.       Recognition of Jim Owens.

 

2.       Recognition of Chad Voigt.

 

3.       Recognition of four Haskell Indian Nations University students for their actions during the Boardwalk Apartments fire.

 

 

 

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 11/15/05.

 

2.       Receive minutes from various boards and commissions:

 

Sister Cities Advisory Board meeting of 10/05/05

Traffic Safety Commission meeting of 11/07/05

Public Transit Advisory Committee meeting of 10/18/05

Human Relations Commission meeting of 08/17/05

Planning Commission meeting of 10/24-26/05

Lawrence Alliance meeting of 09/28/05

Public Health Board meeting of 09/19/05

 

3.       Approve all claims, including City employee longevity payments.   The list of approved claims will be posted to the agenda the day after the City Commission meeting.   Longevity Memo   Claims

 

4.       Approve licenses as recommended by the Department of Administrative Services.  

 

5.       Approve appointments as recommended by the Mayor.    Appointment Memo  

 

6.       Bid and purchase items:

 

a)       Award bid #0542 for stainless steel mixing equipment for the Utilities department to JCI Industries for $47,400.   Bid Memo

 

b)       Reject all bids for the Access Management System for the Utilities Department.   Bid Memo

 

c)       Award bid #05016 for elevator maintenance to ThyssenKrupp Elevator for $19,080.   Authorize the City Manager to execute a renewable contract.   Bid Memo

 

d)       Award HOOT rehabilitation project for 805 Madeline Lane to the low bidder, Natural Breeze Construction, Inc., for $15,197.   Bid Memo

 

7.       Approve unanimous recommendation from the Traffic Safety Commission (TSC) for the following items:

 

a)       Permit parking on the Clinton Parkway Frontage Road in front of 3705 Clinton Parkway on Sundays 8:00 AM-12:30 PM.  (This item is from the 10/03/05 TSC meeting).  This item relates to Consent Item No. 8-a.

          TSC Minutes (10/03/05) Item #4   Map of Area   Ordinance No. 7954

 

b)       Recommend an adult guard and/or flashing beacons at the school crossing on 27th Street adjacent to Sunflower Elementary School.   (This item is from the 11/07/05 TSC meeting).   TSC Minutes - Item #2    Attachments

 

c)       Establish NO PARKING along the east side of Silicon Avenue.  (This item is from the 11/07/05 TSC meeting). This item relates to Consent Item No. 8-b.  TSC Minutes - Item #3   Attachments    Ordinance No. 7946

 

d)       Denial of the request to establish NO PARKING in front of Rieger Hall in the 1300 block of Ohio Street.  Motion carried 8-1.   NOTE:  The University of Kansas has withdrawn this request and does not wish to pursue it.  (tsc_11_7_05_item4)   TSC Minutes - Item #4   Attachments   Ohio Street Photos

 

8.       Adopt the following ordinance(s) on first reading:

 

a)       Ordinance No. 7954, establishing/allowing parking along the south side of the Clinton Parkway Frontage Road in front of 3705 Parkway, 8:00 A.M. – 12:30 P.M. on Sundays.  This item relates to Consent Item No. 7-a.

           TSC Minutes (10/03/05) Item #4   Map of Area

 

b)       Ordinance No. 7946 establishing NO PARKING along the east side of Silicon Avenue.   This item relates to Consent Item No. 7-c. 

          TSC Minutes (11/07/05) Item #3   Attachments 

 

c)       Ordinance No. 7939, a request to rezone a tract of land approximately 4.50 acres from PRD-2 (Planned Residential Development) District to PID-1 (Planned Industrial Development) District.  The property is generally described as being located north of Bob Billings Parkway between Wakarusa Drive and Research Park Drive.  Submitted by Landplan Engineering, P.A. for Oread Development, property owner of record.

 

d)       Ordinance No. 7940, a request to rezone a tract of land approximately 3.880 acres from PRD-2 (Planned Residential Development) District to M-1 (Research Industrial) District.  The property is generally described as being located north of Bob Billings Parkway between Wakarusa Drive and Research Park Drive.  Submitted by Landplan Engineering, P.A. for Maybet #1, Hi-Tech Facility Investors, and Bobwhite Meadow LP, property owners of record.

 

e)       Ordinance No. 7943, a request to rezone a tract of land approximately 10.281 acres from A (Agriculture) District to RS-2 (Single-Family Residential) District.  The property is generally described as being located at 515 Monterey Way.  Submitted by Paul Werner Architects for Fairway, L.C, property owner of record.

 

9.       Adopt the following ordinance(s) on second and final reading:

 

a)       Ordinance No. 7932, establishing new bus zones along the south side of 15th Street.

 

b)       Ordinance No. 7944, establishing an ALL WAY STOP at Constant Avenue and Becker Drive. 

 

10.     Authorize the Mayor to sign a Release of Mortgage for Genevieve Henry, 528 Walnut.   Staff Memo

 

11.     Accept dedication of easements and rights-of-way on the following plats:

 

a)       PF-09-33-05:  Final Plat for Hedges Subdivision, a Replat of Lots 16, 17, and part of 18, Block Eight, University Place. This proposed one-lot residential subdivision contains approximately 0.319 acre. The property is generally described as being located on Illinois Street south of 17th Street. Submitted by Peridian Group, Inc., for Blake A. and Kristin V. Hedges, property owners of record.  (PC Item No. 6; approved 6-0 on 11/14/05.)  Staff Report   Planning Dept Maps   Plan Map   PC Minutes

 

b)       PF-09-35-05:  Final Plat for South School Addition.  This one lot residentially zoned subdivision contains approximately 20 acres and is the site of Broken Arrow Elementary and South Junior High School.  The property is generally described as being located on the east side of Louisiana Street south of 27th Street.  Submitted by Cook, Flatt & Strobel Engineers, P.A. for USD 497, property owner of record.  (PC Item No. 7B; approved 9-0 on 11/14/05.)  Staff Report   Planning Dept Maps   Plan Map   PC Minutes

 

c)       PF-09-37-05:  Final Plat for West/Sunset Hill School Addition.  This two lots residentially zoned subdivision contains approximately 21.68 acres and is the site of Sunset Hill Elementary and West Junior High School.  The property is generally described as being located west of Crestline Drive between Harvard Drive and 9th Street.  Submitted by Landplan Engineering, P.A. for USD 497, property owner of record.  (PC Item No. 8B; approved 9-0 on 11/14/05.)  Staff Report   Planning Dept Maps   Plan Map   PC Minutes

 

d)       PF-09-36-05:  Final Plat for Lawrence High School Addition.  This one lot residentially zoned subdivision contains approximately 37.9 acres and is the site of Lawrence High School.  The property is generally described as being located west of Louisiana Street between W. 19th and W. 21st Streets.  Submitted by Landplan Engineering, P.A. for USD 497, property owner of record.  (PC Item No. 9B; approved 9-0 on 11/14/05.)         Staff Report   Planning Dept Maps   Plan Map   PC Minutes

 

12.     Approve, subject to conditions, SP-10-79-05, a site plan for two building additions to a church located at 3001 Lawrence Avenue.  Submitted by Paul Werner Architects, for First Free United Methodist Church, property owner of record.    Staff Report   Site Plan

 

13.     Receive letter from Korb Maxwell of Polsinelli Shalton Welte Suelthaus, PC regarding the redevelopment project at 8th and Pennsylvania Streets. Authorize initiation of comprehensive plan amendment for Planning Commission consideration.  Staff Memo

 

14.      Recommend approval of a memorial in front of Liberty Hall to honor Tim Griffith, subject to Public Works Department approval.   Request for Memorial - added 11/29/05

 

 

C.        CITY MANAGER’S REPORT:      CM Report

 

 

D.        REGULAR AGENDA ITEMS:

 

1.       Receive presentation from Lawrence Douglas County Health Department regarding Avian (Bird) flu.

 

ACTION:      Receive presentation.

 

 

2.       Conduct public hearing on proposed vacation of platted turnaround at 800 Broadview.  Request for Vacation   Map of Area   Staff Memo   Notice of Hearing   Order of Vacation  

 

ACTION:      Conduct public hearing and adopt Order of Vacation, if appropriate.

 

 

3.       Consider adopting findings of fact, approving rezoning request, and authorizing drafting of ordinance for placement on future agenda:   Staff Report   Planning Dept. Maps   PC Minutes   Correspondence from LWV

 

a)       Z-03-16-05:  A request to rezone a tract of land approximately 2.59 acres from PRD-2 (Planned Residential Development) District to POD-1 (Planned Office Development) District.  The property is generally described as being located north of W. 6th Street between Wakarusa Drive and Folks Road (Bauer Farm).  Submitted by Landplan Engineering, P.A., for Free State Holdings, Inc., property owner of record.  (PC Item No. 7A; approved 5-4 on 10/24/05 .)

 

ACTION:      Adopt findings of fact, approve rezoning requests, and authorize drafting of ordinance for placement on future agenda, appropriate.

 

 

4.       Consider the following text amendments:     Staff Memo

 

a)       TA-07-03-05:  Consider Text Amendments to the City Zoning Code, Chapter 20, Sections 20-1314 and 20-2002.13 of the Code of the City of Lawrence, said sections pertaining to reduction of area or space and nonconformance which are solely the result of a governmental taking for right of way, easement, or other governmental use(s).  Initiated by the City Commission on September 6th, 2005.  (Item No. 12; PC approved 8-1 on 9/26/05.)   Staff Report   Attachments    PC Minutes

 

b)       TA-07-04-05: Consider Text Amendments to Article 12, of the City/County Subdivision Regulations; Chapter 21, of the Code of the City of Lawrence, that pertain to the enforcement and exceptions to building setbacks which are solely the result of a governmental takings for public right of way, easements or other governmental use.  Initiated by the City Commission at their meeting on September 6th, 2005.  (Item No. 13; PC approved 8-1 on 9/26/05.)   Staff Report  PC Minutes

 

ACTION:      Approve text amendments if appropriate and authorize drafting of ordinances.

 

 

5.       Consider adoption of Ordinance No. 7938 creating a City misdemeanor offense of marijuana possession.   Staff Memo   Ordinance No. 7938 - Version 1   Ordinance No. 7938 - Version 2   Original Staff Memo - 09/23/05  DPFKS Updated Marijuana Survey - added 11/28/05   DPFKS Position Paper on HEA Drug Provision - added 11/28/05   DPFKS Position Paper on Marijuana Fines - added 11/28/05   LWV Correspondence - added 11/29/05

 

ACTION:      Adopt on first reading Ordinance No. 7938, if appropriate.

 

 

6.       Receive Burroughs creek study.   Staff Memo   Burroughs Creek Corridor Plan Executive Summary  Burroughs Creek Corridor Plan   Correspondence from The Woods on 19th Homeowners Assoc. - added 11/29/05

 

ACTION:      Receive study, direct staff as appropriate.

 

 

7.       Receive request from Community Design Committee for consultant services.

          Staff Memo

 

ACTION:     Direct staff as appropriate.

 

 

8.       Provide direction to staff concerning 2006 Kansas Legislative Policy Statement.  

          Staff Memo

 

ACTION:      Provide direction, as appropriate.

 

 

 

 

E.         PUBLIC COMMENT:

 

 

F.         COMMISSION ITEMS:

 

 

G.        CALENDAR:    2005 Meeting List

 

1.       Approve 2006 meeting list schedule.

 

2.       Establish possible date for study session for Development Strategies to present retail database model to City Commission (Planning Commissioners will be invited to attend).

 

3.       Establish a date for a joint city/county study session to review Economic Development Board report on open space and industrial parks.

 

4.       REMINDERS:

 

§         There is a study session scheduled for Wednesday, November 30 at 9:00 a.m. in the City Commission Room.  Topic:  Quarterly update to CC goals.

 

§         There is a study session scheduled for Thursday, December 1 at 9:00 a.m. at USD 497 offices, 110 McDonald Drive.  Topic:  Quarterly Joint City/County/USD 497/HINU/KU meeting.

 

§         There is a study session scheduled for Wednesday, December 14 at 9:00 a.m. at Van Go Mobile Arts, 715 New Jersey Street with the Neighborhood Resources Advisory Committee.

 

§         There is a luncheon scheduled for Wednesday, December 14 at 12:00 p.m. at Alvamar Country Club – Sunflower Room with Aquila.  City Commissioners and Staff are invited to attend. 

 

§         The annual City Employee Holiday Luncheon is scheduled for Wednesday, December 21 from 11:30 – 1:00 at the Community Building.

 

§         The time for the December 27 City Commission meeting has changed to 9:00 a.m.  This meeting is intended for consent items only.

 

§         The annual City Commission goals setting retreat has been scheduled for January 13 – 14.  Details will be provided at a later date.

 

 

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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:

One (1) vacancy for the un-expired position held by Patrick Shepard, which will expire 03/31/06.  This position is required to be held by an electrical contractor.

 

Convention & Visitors Bureau Advisory Board:

One vacancy for the un-expired position held by Stephen Horton, which will expire 07/01/07.  This position is required to be held by someone in the hotel industry.

 

Jayhawk Area Agency on Aging:

One vacancy on the Advisory Council that expired 09/30/05.

 

Lawrence Alliance:

There is one current vacancy on this board. 

 

Human Relations Commission:

One vacancy for the position held by Wendi Coleman that expired 09/30/05.

 

Special Alcohol Fund Advisory Board:

One vacancy for the un-expired position held by Kirk Lambright which expires 04/30/06.