A

CITY COMMISSION

MEETING AGENDA

August 14, 2007 - 6:35 p.m.

(Posted on webpage at 5:00 p.m. on 08/09/07)

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Updates:

08/14/07 @ 3:00 p.m.

Added the following items to Regular Agenda Item No. 1, entertainment venue licensing:

Summer Safety Initiative Staff Memo from Chief Olin,
Emails between Nick Carroll and Mayor Hack,
Staff Memo addressing questions from Commissioner Chestnut.

Regular Agenda Item No. 2, development at northeast corner of 6^th and Wakarusa Drive, has been deferred at the applicant’s request until August 28.

08/13/07 @ 5:00 p.m.

Removed Consent Agenda Item No. 8 and rescheduled to 08/23/07 City Commission Meeting.
Added correspondence to Regular Agenda Item No. 1, entertainment venue licensing.

A. RECOGNITION/PROCLAMATION/PRESENTATION:

1. Presentation of gift from Hiratsuka delegation.

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. Receive minutes from various boards and commissions:

Community Commission on Homelessness meetings of 05/08/07 and 06/12/07

Neighborhood Resources Advisory Committee meeting of 05/10/07

2. Approve all claims. The list of approved claims will be posted to the agenda the day after the City Commission meeting.

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

4. Bid and purchase items:

a) Approve sale of surplus equipment and vehicles on Gov Deals. Staff Memo

b) Approve Change Order No. 1 to contract with LRM Industries for KLINK Resurfacing, Iowa, 6^th Street to Yale Road and Irving Hill Road to 23^rd Street. Staff Memo & Attachments

c) Authorize the City Manager to enter into a contract with the design/build team of CAS Construction/Professional Engineering Consultants, in the amount of $100,000 for preliminary field investigative services for the construction of the conveyance system to the new 7.0 MGD BNR Wakarusa Water Reclamation Facility (WWRF). Staff Memo

d) Authorize the City Manager to enter into a contract with the design/build team of Black & Veatch/Grimm Construction, in the amount of $134,100 for preliminary field investigative services for the construction of the new 7.0 MGD BNR Wakarusa Water Reclamation Facility (WWRF) and improvements to the Four Seasons Pump Station and Excess Flow Storage Facility Staff Memo

e) Authorize the City Manager to enter into a contract with Restoration & Waterproofing Contractors, in the amount of $266,059, for constructing first-year repairs to the Kaw Water Treatment Plant. Staff Memo

f) Authorize the purchase of a six-month supply (90,000 pounds) of Polymer, a water treatment chemical, to GS Robins Chemical Company for $49,500. Staff Memo

g) Award bid for one (1) half ton pickup for the Parks & Recreation Department to Laird Noller Motors for $15,439.50. Bid Memo

h) Award bid for one (1) skid steer loader for Parks & Recreation Department to KC Bobcat for $28,721.70. Bid Memo

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

a) Ordinance No. 8141, rezoning approximately 1.623 acres known as Lot 2A, Block 2, a Lot Split of Lot 2, Block 2, a Final Plat of Wakarusa Place Addition, from PRD-2 District to OS District.

b) Ordinance No. 8142, rezoning approximately 2.186 acres known as Lot 2B, Block 2, a Lot Split of Lot 2, Block 2, a Final Plat of Wakarusa Place Addition, from PRD-Wakarusa Place District to PCD-6Wak District, with restrictions. Permitted Uses

c) Ordinance No. 8143, rezoning approximately 15.789 acres known as Lot 3 and Lot 4, Block 2, a Final Plat of Wakarusa Place Addition, from PCD-6Wak District (with restrictions) to PCD-6Wak District (with restrictions). Permitted Uses

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

a) Joint City Ordinance No. 8132, and County Resolution No. ____, to add Chapter 14 – Specific Plans to Horizon 2020, CPA-2007-01.

b) Ordinance No. 8129, establishing the maximum assessments for the development of Oregon Trail Park

c) Ordinance No. 8139, adopting and appropriating by fund the 2008 City of Lawrence budget.

d) Ordinance No. 8131, establishing solid waste service rates for 2008

e) Ordinance No. 8133, establishing water service and sewage disposal rates for 2008.

f) Ordinance No. 8134, establishing system development charges for water utility and wastewater utility connections for 2008.

g) Ordinance No. 8140, noting the necessity of appropriating/budgeting property tax revenues for 2008 in excess of that which was appropriated/budgeted for 2007.

7. Adopt the following resolution(s):

a) Resolution No. 6724, requesting the Board of County Commissioners of Douglas County find and determine that the “island” annexation of approximately 536.88 acres, located south of the Wakarusa River near the intersection of N. 1175 and E. 1600 Roads, will not hinder or prevent the proper growth and development of the area or that of any other incorporated city located within Douglas County. Staff Memo & Attachments

b) Resolution No. 6734, ordering the transfer of funds from the equipment reserve fund to the transportation fund.

c) Resolution No. 6735, authorizing the sale of general obligation temporary notes, Series 2007-I and general obligation bonds, series 2007-A.

8. Approve amendments to Article 8 (Joint City/County Subdivision Regulations) of the Development Code for TA-06-13-07 to modify requirements for topographical surveys. Initiated by Planning Commission on June 25, 2007. (PC Item No. 13; approved 7-0 on 7/25/07) Staff Report PC Minutes RESCHEDULED TO 08/23/07.

9. Approve amendment request from Landplan Engineering for TA-06-11-07 to amend Section 20-403, the Nonresidential District Use Tables to permit “Quality Restaurants” in the IL District. Initiated by City Commission on June 19, 2007. (PC Item No. 11; approved 7-0 on 7/25/07) Staff Report PC Minutes

10. Approve amendments to Section 20-218 of the Development Code for TA-06-12-07 to modify the Access Standards of the GPI District. Initiated by City Commission on June 12, 2007. (PC Item No. 12; approved 7-0 on 7/25/07) Staff Report PC Minutes

11. Approve variance request (City Code Section 19-214B) allowing a private sanitary sewer service line in Lot 2, Greenbrier Addition, to be located in a City public right-of-way for greater than 15 feet. Staff Memo & Attachments

12. Approve variance request (City Code Section 19-214B) allowing a private sanitary sewer service line for 1105 and 1117 West Hills Parkway, to be located in a City public right-of-way for greater than 15 feet. Staff Memo & Attachments

13. Receive communication from Freedom’s Frontier National Heritage Area. Direct staff to review and place on City Commission Agenda for August 28, 2007. Correspondence

C. CITY MANAGER’S REPORT: CM Report

ADDRESSING THE COMMISSON: 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.

D. REGULAR AGENDA ITEMS:

1. Receive staff reports regarding: 1) entertainment venue licensing and, 2) special use permits for drinking establishments and cereal malt beverage retailers. Entertainment Venue Licensing Staff Memo & Attachments Special Use Permits Staff Memo & Attachments

Drinking Establishment License Revocation Letters - Added 08/13/07 Staff Memo from Chief Olin – Added 08/14/07 Emails between Nick Carroll and Mayor Hack – Added 08/14/07 Staff Memo addressing questions from Commissioner Chestnut - Added 08/14/07

ACTION: Direct staff, as appropriate.

~~2. Consider the following items related to the development at the Northeast corner of 6^th Street and Wakarusa Drive:~~

Item deferred at applicant’s request until August 28.

a) Consider approving Z-06-07-07, a request to rezone a tract of land approximately 25.97 acres, from PCD-2 (Planned Commercial Development) to PCD-2 (Planned Commercial Development) with modifications in the restrictions. The property is located at the NE corner, W 6^th Street & Wakarusa Drive. (PC Item No. 4A; approved 7-1 on 7/23/07) Staff Report Maps Plans PC Minutes Correspondence

ACTION: Approve rezoning of Z-06-07-07 and direct staff to draft ordinance, if appropriate.

b) Consider approving Z-06-08-07, a request to rezone a tract of land approximately 16.53 acres, from PRD-2 (Planned Commercial Development) to PRD-3 (Planned Commercial Development). The property is located at the NE corner, W 6^th Street & Wakarusa Drive. (PC Item No. 4B; approved 8-0 on 7/23/07) Staff Report Map Plans PC Minutes Correspondence

ACTION: Approve rezoning of Z-06-08-07 and direct staff to draft ordinance, if appropriate.

3. Consider approving Z-11-28-06, a request to rezone a tract of land approximately .954 acres, from RS10 (Single-Dwelling Residential) to RS5 (Single-Dwelling Residential). The property is located at 523-543 Rockledge. Submitted by Paul Werner Architects, for LC Anuff, property owner of record. (PC Item No. 6; approved 4-2-1 on 7/25/07) Staff Report Maps PC Minutes - 07/25/07 PC Minutes - 12/20/06 Correspondence Protest Petition

ACTION: Approve rezoning of Z-11-28-06 and direct staff to draft ordinance, if appropriate. A valid protest petition has been submitted, pursuant to State law, a super-majority vote (4 Commissioners) will be required to approve the requested rezoning.

4. Consider the following items related to the Southeast corner of 31^st Street and Ousdahl Road:

a) Consider accepting dedication of easements and rights-of-way for PP-05-06-07, a Preliminary Plat for The Exchange, on the SE corner of the intersection of W 31^st Street & Ousdahl Road. Submitted by Professional Engineering Consultants, P.A., for RA & JG Limited Company, property owner of record. (PC Item No. 9D; approved 5-3 on 6/27/07) Staff Report PC Minutes Appendix A - C Plat Map

ACTION: Approve dedication of easements and rights-of-way for PP-05-06-07, if appropriate.

b) Consider approving A-05-04-07, a request to annex approximately 52 acres for The Exchange, located on the SE corner of the intersection of W 31^st Street & Ousdahl Road. Submitted by Professional Engineering Consultants, P.A., for RA & JG Limited Company, property owner of record. (PC Item No. 9A; approved 7-1 on 6/27/07) Staff Report Map PC Minutes Plan

ACTION: Approve annexation of A-05-04-07 and direct staff to draft an ordinance, if appropriate.

c) Consider approving Z-05-05-07, a request to rezone a tract of land approximately 24.5 acres from RS-10 (Single-Dwelling Residential) & County A (Agricultural) to RM-15 (Multi-Dwelling Residential). The property is located at 31^st & Ousdahl. Submitted by Professional Engineering Consultants, P.A., for RA & JG Limited Company, property owner of record. (PC Item No. 9B; approved 5-3 on 6/27/07) Staff Report PC Minutes Correspondence

ACTION: Approve rezoning of Z-05-05-07 and direct staff to draft ordinance, if appropriate.

d) Consider approving Z-05-06-07, a request to rezone a tract of land approximately 38.6 acres from County A (Agricultural) to UR (Urban Reserve). The property is located at 31^st & Ousdahl. Submitted by Professional Engineering Consultants, P.A., for RA & JG Limited Company, property owner of record. (PC Item No. 9C; approved 5-3 on 6/27/07) Staff Report PC Minutes

ACTION: Approve rezoning of Z-05-06-07 and direct staff to draft ordinance, if appropriate.

E. PUBLIC COMMENT:

F. FUTURE AGENDA ITEMS: Staff Memo

G. COMMISSION ITEMS:

H. CALENDAR: Meeting List

1. Establish a date for a study session to discuss the proposed City sales tax proposal.

§ City & County Commissions are invited to attend the Planning Commission meeting on August 15 from 7:30 – 9:00 a.m. to discuss revisions to the Southeast Area Plan. Location: City Commission Room.

§ City Commission meeting, Thursday, August 23, 9:00 a.m.

§ Study Session with Library Board is scheduled for Thursday, August 23, immediately following the City Commission meeting. Location: City Commission Room, First Floor, City Hall.

§ City Employee Appreciation Picnic, August 25, 2007, 5:00 – 8:00 p.m. Location: Broken Arrow Park.

§ City offices closed Monday, September 3, 2007 in observance of the Labor Day holiday.

§ Dedication of sculpture for Fire/Medical Station No. 4 on Friday, September 14 at 4:00 p.m.

§ Dedication of Sesquicentennial Point, Sunday, September 16, 3:00 p.m. (rain date is September 23), followed by the Lawrence Birthday Concert at 4:30 p.m. at South Park Bandstand.

§ City Commission meeting, Thursday, September 20, 9:00 a.m.

§ City Commission meeting, Thursday, October 18, 9:00 a.m.

§ Joint City/County/USD Study Session scheduled for October 29, 9:00 a.m. Location: Douglas County Courthouse, 1100 Massachusetts.

§ City Commission meeting, Tuesday, November 20, 9:00 a.m.

§ City Commission meeting, Thursday, December 20, 9:00 a.m.

§ Joint City/County/USD Study Session scheduled for February 11, 2008, 9:00 a.m. Location: Douglas County Courthouse.

*City Commission meeting dates are in black bold print

I. 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.shtml to volunteer online, or send a letter of interest to the Mayor, P.O. Box 708, Lawrence, KS 66044.

Aviation Advisory Board:

One (1) vacancy for the un-expired position held by David Downing, which expires 05/31/08.

Board of Zoning Appeals/Sign Code Board of Appeals:

One (1) position held by Mike Goans, expires 09/30/07. Mr. Goans is currently serving his second consecutive term and is not eligible for reappointment to an additional term. Three (3) positions, held by Stephen Lane, Marjorie Blaufuss, and Wally Emerson expire 09/30/07. All are eligible for reappointment to additional terms.

Convention and Visitors Bureau Advisory Board:

One (1) vacancy for the position held by Desch which expired 07/01/06 and one (1) vacancy for the position held by Martin which expired 07/01/07. Both positions are required to be held by someone in the hotel industry.

Hospital Board:

One (1) position, held by Lindy Eakin, expires 09/30/07. Dr. Eakin is currently serving his second consecutive term and is not eligible for reappointment to an additional term. One (1) position, held by Verdell Taylor, expires 09/30/07. Mr. Taylor is eligible for reappointment to an additional term.

Jayhawk Area Agency on Aging:

One (1) vacancy (Board of Directors) for the un-expired position held by Lisa Johnson, which expires 09/30/09. One (1) position (Advisory Council), held by Gary D. Hale, expires 09/30/07. Mr. Hale is eligible for reappointment to an additional term.

Lawrence Arts Commission:

One (1) un-expired position, held by James Schaefer, expires 03/31/08.

Neighborhood Resources Advisory Committee:

One (1) vacancy for an un-expired position, which expires 09/30/08. This is designated for Brookcreek Neighborhood representation. One (1) position, held by Marci Francisco, expires 09/30/07. Ms. Francisco is eligible for reappointment to an additional term. This is designated for Oread Neighborhood representation. Three (3) positions, held by Kristen Roussel, Susan Mangan, and Michael Randolph, expire 09/30/07. All are eligible for reappointment to additional terms.

Public Transit Advisory Committee:

One (1) vacancy for the un-expired position, held by James Dermody, which expires 12/31/09.

Sustainability Advisory Board:

One (1) un-expired position, held by Brent Swain, expires 12/31/07.