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CITY COMMISSION

MEETING AGENDA

September 6, 2011 - 6:35 p.m.

(Posted on webpage at 4:50 p.m. on 09/01/11)

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Updates:

09/06/11 @ 11:35 a.m.:

Added as Consent Agenda Item No. 20, a request for a temporary sign at the intersection of 23^rd and Harper Streets directing traffic for the Free State Comicon;
Added as Regular Agenda Item No. 1-a – a request for a property tax abatement from Grandstand Sportswear and Glassware;
Added correspondence to Regular Agenda Item No. 1 – Theatre Lawrence request;
Added correspondence to Regular Agenda Item No. 4 – Text Amendment to the appropriate sections of the City of Lawrence Land Development Code, Chapter 20, to create a CC600 zoning district; and
Added correspondence to Regular Agenda Item No. 6 – K-10 and Bob Billings Parkway intersection change.

A. RECOGNITION/PROCLAMATION/PRESENTATION:

1. Proclaim September 8, 2011 as International Literacy Day.

2. Proclaim the week of September 11- 17, 2011 as POW/MIA Recognition Week and Friday, September 16, 2011 as POW/MIA Recognition Day.

3. Recognition of September 11, 2001.

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 08/16/11 and 08/23/11.

2. Receive minutes from various boards and commissions:

Planning Commission meeting of 07/25-27/11

Mental Health Board meeting of 06/28/11

Hospital Board meeting of 06/15/11

Traffic Safety Commission meeting of 06/06/11 and 08/01/11

Solid Waste Task Force meeting of 08/11/11

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 City Clerk’s Office.

5. Approve appointments as recommended by the Mayor.

6. Bid and purchase items:

a) Approve Change Orders No. 3 and 4 to R. D. Johnson Excavating Co., Inc. in the amount of $104,635.80 for Project No. PW1109, 2011 Downtown Miscellaneous Concrete Repairs, due to additional work added to the project. The project remains within previously approved budget allocations. Staff Memo

b) Authorize the City Manager to approve payment to Cogent in the amount of $16,970 and Ace Pipe Cleaning in the amount of $20,000 for emergency repairs to the Kaw Intake and Low Service Pump Station 2. Staff Memo

c) Authorize the City Manager to execute a sole source Engineering Services Agreement in the amount of $16,150.00 with Bartlett & West Engineers for design phase engineering services for the Bob Billings Parkway Waterline Realignment required as part of project PW1012 - Reconstruction of Iowa Street, from 200 feet South of Harvard to Irving Hill Overpass. Staff Memo & Attachments

7. Adopt on first reading, Ordinance No. 8662, ordering the condemnation of property interests for the utilities wastewater pump station improvement project as authorized by Resolution 6929 (approved by the City Commission on 08/23/11).

8. Adopt on second and final reading Ordinance No. 8653, ordering the condemnation of property interests for the 23^rd Street bridge utilities relocation project as authorized by Resolution 6930 (approved by the City Commission on 08/16/11).

9. Adopt the following resolution(s):

a) Resolution No. 6940, authorizing the issuance of general obligation bonds for the financing of improvements including 23^rd and O’Connell traffic signalization and construction of a new north/south street (Farmland Redevelopment).

b) Resolution No. 6941, authorizing the issuance of general obligation bonds for the financing of Delaware Street improvements, 8^th to 9^th Streets.

c) Resolution No. 6944, authorizing the issuance of general obligation bonds for the financing of Delaware Street improvements, 19^th Street to 22^nd Terrace.

10. Accept dedication of rights of way and revised easements for Preliminary Plat, PP-3-3-11, for Hunters Ridge Addition, an approximately 35 acre subdivision containing 4 lots, located on the north side of West 6^th Street between Queens Road & Stoneridge Drive. Submitted by Pat Kelly for Pear Tree Village L.P., property owner of record. (PC Item 3; approved 9-0 on 5/23/11; CC previously accepted dedications of original easements and rights-of-way on 8/23/11) Staff Memo Staff Report Plat with Revised Easements Previous Plat PC Minutes

11. Approve Text Amendment, TA-6-9-11, to the City of Lawrence Land Development Code, Chapter 20, Article 4, Section 20-403 to allow detention facilities as a use in the GPI (General Public Institutional) District and delete “detention and correction institutions” from the definition of Major Utilities and Services in Article 17. Adopt on first reading, Ordinance No. 8663, for Text Amendment (TA-6-9-11) to the City of Lawrence Land Development Code, Chapter 20, Article 4, Section 20-403 to allow detention facilities as a use in the GPI (General Public Institutional) District and delete “detention and correction institutions” from the definition of Major Utilities and Services in Article 17. (PC Item 2; approved 9-0 on 8/22/11) Staff Report Properties Zoned GPI PC Minutes

12. Approve Rezoning, Z-6-16-11, of approximately 8 acres from RM12D (Multi-Dwelling Residential) to RM12 (Multi-Dwelling Residential), located at 25^th Terrace and proposed Ellington Drive. The property is generally located at the SW corner of E 25^th Terrace and Franklin Road. Submitted by Johnson Group LLC, for Fairfield Investors LLC, property owner of record. Adopt on first reading, Ordinance No. 8662, for Rezoning (Z-6-16-11) of approximately 8 acres from RM12D (Multi-Dwelling Residential) to RM12 (Multi-Dwelling Residential), located at 25^th Terrace and proposed Ellington Drive. (PC Item 1; approved 9-0 on 8/22/11) Staff Report Southeast Area Plan Map Residential Use Table Map of Area Dwelling Unit Summary College Hill Townhouse Site Plan PC Minutes

13. Receive information on the Metropolitan Transportation Plan (Transportation 2030) update and authorize staff to issue a Request for Proposals for public participation program completion, to be funded from a federal grant with no local cash match required. RFP Staff Memo RFP Staff Memo T-2040 Advisory Committee Member List TAC Member List Timeline

14. Approve following recommendations from the Traffic Safety Commission:

a) Approve recommendation from the Traffic Safety Commission to install Traffic Calming Devices on Crossgate Drive north of Clinton Parkway. (TSC Item 2; approved 8-0 on 08/01/11). Funding for this project is not currently available. TSC 08/01/11 Meeting Materials - Item #2

b) Approve recommendation from the Traffic Safety Commission to install Yield Signs on Prairie Avenue, Prospect Avenue and Summit Street at 13^th Street and adopt on first reading, Ordinance No. 8668, to install Yield Signs on Prairie Avenue, Prospect Avenue and Summit Street at 13^th Street. (TSC Item 3; approved 8-0 on 08/01/11) TSC 08/01/11 Meeting Materials - Item #3

c) Approve recommendation from the Traffic Safety Commission to install Traffic Calming devices on 17^th Terrace and New Hampshire Street. (TSC Item 5; approved 8-0 on 08/01/11) TSC 08/01/11 Meeting Materials - Item #5

15. Authorize the City Manager to execute a Party Wall Agreement and a Temporary License Agreement with Ninth and New Hampshire, LLC, relating to the project at 901 New Hampshire Street. Staff Memo & Attachments

16. Authorize the City Manager to execute a License Agreement with Kansas Fiber Networks, LLC, permitting Kansas Fiber Network, LLC, to place fiber optic cable in the City’s rights of way with an annual rental payment of $12,500. Staff Memo

17. Approve a Temporary Use of Public Right-of-Way Permit for the use of sidewalks and three parking stalls on the 700 block of Massachusetts Street on Friday, September 30 from 12:00 p.m. – 7:00 p.m. for a re-enactment of Clyde Barrow’s robbery of the bank formerly located at 746 Massachusetts Street. Staff Memo & Attachments

18. Approve the following actions concerning the Consolidated Properties, Inc. proposal to establish a Neighborhood Revitalization area at 1001 Massachusetts Street (Masonic Temple): Staff Memo & Attachments

a) Refer the request to the Public Incentive Review Committee for a recommendation; and

b) Set a date of September 13, 2011 at 4:00 pm for consideration by the Public Incentive Review Committee.

c) Set a date of Tuesday, September 20, 2011 as the date of a public hearing to consider the ~~1040 Vermont~~ 1001 Massachusetts Street (Masonic Temple) Neighborhood Revitalization area request.

19. Approve the KU/Oread/Downtown Lighted Pedestrian Pathway, City Project No. PW0926, location and design, authorize purchase of HADCO LED lights from Stanion Electric, and approve HAWK signals at 12^th and Kentucky and 12^th and Tennessee and project budget. Staff Memo & Attachments

20. Approve as signs of community interest, a request from Kansas City Fan Conventions to place a banner east of the intersection of 23^rd and Harper Streets on Friday, September 9 through Saturday, September 10 to direct traffic to the Free State Comicon.

C. CITY MANAGER’S REPORT: CM Report & 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-a. Receive request from Grandstand Sportswear and Glassware for a property tax abatement and incentives related to their proposed acquisition of the former Sauer-Danfoss facility in East Hills Business Park. Consider referring request to the Public Incentives Review Committee for a recommendation and establish September 20, 2011 as the public hearing date on the request. Request Property Photos Roof Inspection Report HVAC Report Timeline

ACTION: Receive request and refer to Public Incentives Review Committee (PIRC) for a recommendation and establish September 20, 2011 as a public hearing date on the request, if appropriate.

1. Consider request from Theatre Lawrence for the City to provide a campaign commitment of $20,000 per year for five years for a total of $100,000. Request Correspondence - Added 09/06/11

ACTION: Direct staff as appropriate.

2. Conduct a public hearing regarding a distance limitation waiver request for the sale of alcohol during the Arts Center street party event on September 30, 2011. Staff Memo & Attachments

ACTION: Conduct a public hearing; find that the proximity of the Arts Center street party is not adverse to the public welfare or safety; grant a distance limitation waiver; and adopt on first reading Ordinance No. 8666, if appropriate.

3. Consider adopting on first reading Ordinances 8571, 8664, and 8665, establishing a Mobile Food Vendor License and making related and additional changes to the City Code regarding Solicitors/Transient Merchants and Temporary Special Events. Staff Memo & Attachments

ACTION: Adopt on first reading Ordinance No. 8571 regarding Mobile Food Vendors, Ordinance No. 8664 regarding Solicitors and Transient Merchants, and Ordinance No. 8665 regarding Temporary Special Event Permits, if appropriate.

4. Consider request to initiate a Text Amendment to the appropriate sections of the City of Lawrence Land Development Code, Chapter 20, to create a CC600 zoning district. Staff Memo Request Correspondence - Added 09/06/11

ACTION: Approve request to initiate a Text Amendment, if appropriate.

5. Consider approving Traffic Safety Commission recommendation to deny the request to remove the temporary traffic calming device at the intersection of 17^th Street and Illinois Street. (TSC Item 4; approved 7-1 on 08/01/11) Staff Memo TSC 08/01/11 Meeting Materials - Item #4

ACTION: Approve Traffic Safety Commission recommendation to deny the request to remove the temporary traffic calming device at the intersection of 17^th Street and Illinois Street, if appropriate.

6. Consider authorizing staff to partner with KDOT in submitting a TIGER III application for the interchange at K-10 and Bob Billings Parkway, and approve City participation of $100,000 for the interchange construction. Staff Memo & Attachments Correspondence - Added 09/06/11

ACTION: Authorize staff to partner with KDOT in submitting a TIGER III application for the interchange at K-10 and Bob Billings Parkway and approve City participation of $100,000 for the interchange construction, if appropriate.

E. PUBLIC COMMENT:

F. FUTURE AGENDA ITEMS: Staff Memo & Attachments

G. COMMISSION ITEMS:

H. CALENDAR: Meeting List

· Chamber of Commerce Fall Mixer, Wednesday, September 14, 5:30 – 7:30 p.m.

· Hiratsuka 20^th Anniversary Delegation luncheon with City Commission and staff, Tuesday, October 4, 12:30 p.m. Location: 4^th Floor, City Hall.

· Hiratsuka 20^th Anniversary Delegation recognition at the October 4 City Commission meeting.

· Hiratsuka 20^th Anniversary Delegation “Gala”, Wednesday, October 5, 6:30 – 11:00 p.m. Location: Lawrence County Club.

· 2011 NLC Congress of Cities & Exposition Meeting, November 8 – 12, 2011. Location: Phoenix, AZ.

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

Aviation Advisory Board:

Two positions expired 05/31/11.

Board of Zoning Appeals/Sign Code Board of Appeals:

One vacancy for a position that expires 09/30/13. Two positions will become vacant 09/30/11.

Community Commission on Homelessness:

Two vacancies for terms that expire 12/31/11.

Community Development Advisory Committee:

Three positions expire 09/30/11. All are eligible for reappointment to additional terms. Eligibility requirements exist for this board.

Downtown Task Force:

Appointment of seven to eleven members available on this newly formed task force.

Electrical Code Board of Appeals:

One vacancy for a position that expired 03/31/11. Eligibility requirements exist for this board.

Historic Resources Commission:

One vacancy for a position that expires 03/01/13. Eligibility requirements exist for this board.

Human Relations Commission:

Four positions expire 09/30/11. Three are eligible for reappointment to additional terms and one is completing a second term and is not eligible for reappointment.

Lawrence Alliance:

One vacancy for a position that expires 11/30/11.

Lawrence Citizen Advisory Board:

One vacancy for a position that expires 03/01/12.

Lawrence Cultural Arts Commission:

One vacancy for a position that expires 01/31/14.

Lawrence Douglas County Advocacy Council on Aging:

Four positions are currently vacant.

Retiree Attraction Task Force:

Five city appointments available on this newly formed task force.

Sales Tax Audit Committee:

One vacancy for a position that expires 04/30/14.