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CITY COMMISSION

MEETING AGENDA

September 28, 2010 - 6:35 p.m.

(Posted on webpage at 4:50 p.m. on 09/23/10)

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UPDATES:

09/28/10 @ 1:30 p.m.

Regular Agenda Item No. 4 – Lowe’s – has been deferred for one week.

A. RECOGNITION/PROCLAMATION/PRESENTATION:

1. Proclaim Saturday, October 2 and Sunday, October 3 as Freemasonry Weekend.

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:

Planning Commission meeting of 07/26/10

Lawrence Cultural Arts Commission meeting of 08/11/10

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 City Clerk’s Office.

4. Bid and purchase items:

a) Award Bid No. B1028; Project UT0920CL - Clinton WTP Dust Collector Replacement to CAS Construction, LLC, in the amount of $85,900, and authorize the City Manager to execute a contract agreement. Bid Memo & Attachments

b) Award bid for the DeVictor Park trail extension for the Parks and Recreation Department to RD Johnson for $39,499.81. The Sunflower Foundation is providing a $15,000 grant that will be used to reduce the City’s cost for this project. Bid Memo & Attachments

c) Award bid for the Comprehensive Rehabilitation projects at 1616 East Glenn Drive to Schmidt Contracting, Inc., for $19,760. Reject the bid for the Comprehensive Rehabilitation project at 1315 E. 21^st Street because all bids exceed the program limit of $25,000. Bid Memo

d) Set a bid opening date of October 26, 2010, for Bid No. B1053 - 2010 Sanitary Sewer Cured-In-Place-Pipe Rehabilitation Projects. Staff Memo & Attachments

e) Authorize the City Manager to execute an Engineering Services Agreement in the amount of $37,000 with Black & Veatch for services related to Request for Proposals RFP R09020 for Engineering Services for Project UT0909DS Concrete Watermain Assessment. Staff Memo & Attachments

f) Authorize the City Manager to execute Supplemental Agreement No. 3 in the amount of $122,156 to the current Engineering Services Agreement with BG Consultants for Design and Construction Phase Engineering for Phase II of Project UT0810DS Watermain Replacement Program, 9^th Street from Vermont to Tennessee Streets and Kentucky Street from 12^th to 19^th Streets and receive update memo regarding Department of Utilities watermain condition assessment and replacement prioritization model. Staff Memo & Attachments Prioritization Memo & Attachments

g) Authorize Mayor to sign Supplemental Agreement No. 2 with Wilson & Company for the wetland delineation and survey for Project 18-CP7-507(S), 31^st Street, Haskell Avenue to O’Connell Road, Street, Storm Sewer, Waterline Improvements, in an amount not to exceed $15,750. Staff Memo & Attachments

h) Approve change order in the amount of $182,019 for additional street repair, road work and geometric improvements for Project PW1001, KLINK, 23^rd Street, Haskell Avenue to the East City Limits, Milling, Overlay, and Pavement Marking. Staff Memo

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

a) Ordinance No. 8496, for Comprehensive Plan Amendment (CPA-2-1-09) to Chapter 14 – Specific Plans to approve and incorporate by reference the Oread Neighborhood Plan. (PC Item 10; approved 7-0 on 1/27/10)

b) Ordinance No. 8568, for the Rezonings of (Z-11-21-09, Z-11-22-09, Z-11-23-09, Z-11-24-09, Z-11-27-09) .13 acres located at 502 W. 14^th Street, .05 acres located at 414 W. 14^th Street, .09 acres located at 1346 Ohio Street, .13 acres located at 1340-1342 Ohio Street, and .13 acres located at 507 West 14th Street, from RM32 (Multi-Dwelling Residential) to MU (Mixed Use). (PC Items 9A-9D, & 9G; approved 9-1 on 8/25/10)

c) Ordinance No. 8573 and Ordinance No. 8574 allowing for Special Use Permits for a bar or lounge use (Z-11-24-09 & Z-11-27-09) at 1340-1342 Ohio Street, and 507 West 14th Street upon rezoning to the MU District.

6. Adopt Resolution No. 6907, setting a public hearing date of November 16, 2010 to review the condition of the dilapidated structures at 1200 Pennsylvania and to consider declaring the structures unsafe and ordering the repair or removal within a specified period of time. Staff Memo & Attachments

7. Approve Rezoning, Z-5-7-10, of approximately 3.113 acres from UR (Urban Reserve) to CO (Office Commercial), located at the Northeast corner of W. 6^th Street and Stoneridge Drive. Submitted by Olsson Associates for Pear Tree Village L.P., property owner of record. Adopt on first reading, Ordinance No. 8569, for the Rezoning (Z-5-7-10) of approximately 3.113 acres from UR (Urban Reserve) to CO (Office Commercial), located at the Northeast corner of W. 6^th Street and Stoneridge Drive. (PC Item 2B; approved 10-0 on 8/23/10) Staff Report Concept Plan Map of Area PC Minutes Correspondence

8. Approve Rezoning, Z-5-9-10, of approximately 34.527 acres from UR (Urban Reserve) to RM24 (Multi-Dwelling Residential), located north of W. 6^thStreet between Stoneridge Drive and Queens Road. Submitted by Olsson Associates, for Pear Tree Village L.P., property owner of record. Adopt on first reading, Ordinance No. 8570, for the Rezoning (Z-5-9-10) approximately 34.527 acres from UR (Urban Reserve) to RM24 (Multi-Dwelling Residential), located north of W. 6^thStreet between Stoneridge Drive and Queens Road. (PC Item 2C; approved 10-0 on 8/23/10) Staff Report Concept Plan Map of Area PC Minutes Correspondence

9. Authorize distribution of request for proposals for Demolition Services for the former Farmland Industries Plant, Project PW1015, Farmland Transitional Services. Staff Memo

10. Authorize Staff to negotiate an Engineering Services Agreement with Professional Engineering Consultants for Design and Construction Phase Engineering Services for Project UT1003CS, 23^rd Street Bridge Replacement Utilities Relocation. Staff Memo & Attachments

11. Approve an amended Temporary Use of Public Right-of-Way Permit for the closure of the 600 block of Massachusetts Street from 8:00 a.m. -midnight on Saturday, October 9, 2010 for the Bert Nash Dash and Bash, and for the use of city streets for 5K and 10K races. Staff Memo & Attachments

12. Approve request from Lawrence Memorial Hospital Endowment Association to tie pink ribbons around lamp posts on Massachusetts Street (between 6^th and 11^th Streets) and Clinton Parkway (between Iowa and Kasold) from October 3 – November 1 to raise awareness of National Breast Cancer Month.

13. Authorize the City Manager to provide written notice to Rural Water District No. 6 of the City’s intent to annex approximately 51 acres of land owned by Venture Properties, Inc. located south of Farmer’s Turnpike, along with the City’s plan for the provision of water service to the land being annexed. Staff Memo & Attachments

C. CITY MANAGER’S REPORT: CM Reports & Attachments

ADDRESSING THE COMMISSION: 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. Conduct a public hearing regarding a distance limitation waiver request for the KU Pep Rally event on October 21, 2010 from 3:00 p.m. – 9:00 p.m. on the 1000 block of Massachusetts Street. Consider finding that the proximity of the temporary event and alcohol sales are not adverse to the public welfare or safety; consider granting a distance limitation waiver; and consider adopting on first reading Ordinance No. 8578, allowing the temporary possession and consumption of alcoholic liquor on the public right-of-way during the event. Staff Memo & Attachments

ACTION: Conduct public hearing and find that the proximity of the KU Pep Rally event and alcohol sales are not adverse to the public welfare or safety, grant a distance limitation waiver, and adopt on first reading Ordinance No. 8578, if appropriate.

2. Consider adopting the following ordinances on first reading regarding franchise transfers: Staff Memo & Attachments

a) Ordinance No. 8575, consenting to the transfer of the telecommunication franchise from WorldNet L.L.C. to The World Company.

b) Ordinance No. 8576, consenting to the transfer of the telecommunication franchise from The World Company to Knology.

c) Ordinance No. 8577, consenting to the transfer of the cable franchise from The World Company to Knology.

ACTION: Adopt on first reading, Ordinance No. 8575, 8576, and 8577, if appropriate.

3. Receive update on the status City Code compliance efforts at 1313 Haskell. Staff Memo & Attachments

ACTION: Direct staff as appropriate.

4. DEFER FOR ONE WEEK. Consider Comprehensive Plan Amendment, CPA-5-6-10, to Horizon 2020, including the 6^th and Wakarusa Area Plan, to change the designated land use from residential/office to commercial for a portion of the Bauer Farm Development located along 6^th Street between Folks Road and Champion Lane. (PC Item 3; denied 8-2 on 8/23/10) Staff Report Application Horizon 2020 - Chapter 6 Approved Nodal Plan for 6th and Wakarusa Retail Market Study Retail Market Study Attachment Bauer Farm Residential Plan Bauer Farm Concept Plan Bauer Farm Site Plan Map of Area Correspondence PC Minutes

ACTION: Receive Planning Commission recommendation and act on request to approve Comprehensive Plan Amendment (CPA-5-6-10) to Horizon 2020, if appropriate; or

As an alternative to acting on the Planning Commission recommendation, the applicant has made an amended request, which is to return the item to the Planning Commission for reconsideration of their recommendation regarding the Comprehensive Plan Amendment and to simultaneously consider a rezoning application for the subject site which would be filed by the applicant. Any required text amendments to City Code would also be considered by the Planning Commission at that time.

Pursuant to State law, the City Commission may approve the Planning Commission recommendation (of denial) by three votes; refer the item back to the Planning Commission by three votes; or overrule the Planning Commission recommendation (of denial) by a super-majority of four votes.

E. PUBLIC COMMENT:

F. FUTURE AGENDA ITEMS: Staff Memo & Attachments

G. COMMISSION ITEMS:

H. CALENDAR: Meeting List

· City Employee Appreciation BBQ, Friday, September 24, 11:00 a.m. – 1:30 p.m. Location: 1941 Haskell Avenue on the Basketball Court.

· 30^th Basic Recruit Academy Graduation, Friday, September 24, 6:00 p.m. Location: Maceli’s, 1031 New Hampshire Street.

· Complete Street Public Presentation, Wednesday, September 29, 6:30 – 8:00 p.m. Location: City Commission Room.

· Complete Street Workshop (Invitation Only), Thursday, September 30, 8:00 a.m. – 4:00 p.m. Location: Fire Station No. 5, Jayhawk Room, 1911 Stewart Avenue.

· Retail Task Force Meeting, Tuesday, October 5, 4:00 p.m. Location: City Commission Room.

· National Incident Management Systems (NIMS) training has been set for Wednesday, October 6, 2010 from 4:00 – 6:00 p.m. in the Douglas County Commission Room. RSVP’S ARE REQUESTED BY OCTOBER 1. Memo

· Peak Oil Task Force Meeting, Wednesday, October 6, 5:00 p.m. Location: City Manager’s Conference Room.

· Bioscience and Technology Business Center dedication, Friday, October 8, 2:00 p.m. Location: West Campus – KU.

· Lawrence Municipal Airport Open House, Saturday, October 9, 8:00 a.m. – 2:00 p.m. Schedule of Events

· Peak Oil Task Force Meeting, Wednesday, October 13, 5:00 p.m. Location: City Manager’s Conference Room.

· Burroughs Creek Trail/Linear Park Dedication, Saturday, October 16, 11:00 a.m.

· United Way Kick-off Picnic, Wednesday, October 20, 11:30 a.m. Location: Douglas County Fairgrounds, Building #21.

· KU Football Homecoming pep rally, Thursday, October 21, 5:00 – 7:00 p.m. Location: 1000 block of Massachusetts Street.

· Dedication Ceremony for the Pharmacy Building at the University of Kansas, Friday, October 22, 11:00 a.m. Invitation

· Retail Task Force Meeting, Tuesday, November 2, 4:00 p.m. Location: City Commission Room.

· City Employee Service Award luncheon, Monday, November 15. Location: Douglas County Fairgrounds, 4-H Building.

· City offices closed Thursday, November 25 and Friday, November 26 in observance of the Thanksgiving holiday.

· National League of Cities Congress of Cities Conference, November 30 – December 4. Location: Denver, CO.

· Retail Task Force Meeting, Tuesday, December 7, 4:00 p.m. Location: City Commission Room.

· City offices closed Friday, December 24 in observance of the Christmas holiday.

· City offices closed Friday, December 31 in observance of the New Year’s holiday.

*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.

Board of Zoning Appeals/Sign Code Board of Appeals:

Two positions will expire 09/30/10.

Community Commission on Homelessness:

Three vacancies that expired 06/30/10 (these terms were extended to finish work on the Housing Vision. Replacement terms will expire 12/31/12). Two vacancies for terms that expire 12/31/11.

Community Development Advisory Committee:

One position expires 09/30/10 and is not eligible for reappointment. This position is dedicated for a Low/Mod Area Representative. Two vacancies for at-large positions that expire 09/30/10 and 09/30/11. One additional term will expire 09/30/10.

Convention and Visitors Bureau Advisory Board;

One term expired 07/01/10.

Electrical Code Board of Appeals:

One vacancy for a position that expired 03/31/10 and one vacancy for a position that expires 03/31/11. Both positions are at-large positions.

Hospital Board:

Two positions expire 09/30/10.

Jayhawk Area Agency on Aging:

One position on the Advisory Council will expire 09/30/10.

Lawrence Cultural Arts Commission:

Two vacancies for positions that expire 01/31/11.

Lawrence Douglas County Advocacy Council on Aging:

Three positions are currently vacant.