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CITY COMMISSION

MEETING AGENDA

October 11, 2011 - 6:35 p.m.

(Posted on webpage at 5:00 p.m. on 10/06/11)

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Updates:

10/11/11 @ 3:30 p.m.:

Added a request for signs of community interest as Consent Agenda Item No. 10; and
Added a staff memo to Regular Agenda Item No. 3 – 1043 Indiana.

A. RECOGNITION/PROCLAMATION/PRESENTATION:

1. Proclaim Saturday, October 22, 2011 as Indigenous Food Day.

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 09/20/11 and 09/27/11.

2. Receive minutes from various boards and commissions:

Solid Waste Task Force meeting of 09/12/11

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) Set bid date of October 18, 2011 for City Bid No. B1149, Project No. PW1130, City Hall Building Slate Roof Replacement. Staff Memo

b) Set a bid date of October 25, 2011 for Bid Number B1150 Water and Sanitary Sewer Pipe and Appurtenances for Project UT1003CS 23^rd Street Bridge Replacement Utilities Relocation. Staff Memo & Attachments

c) Award bids for the Comprehensive Rehabilitation Program as follows: Bid Memo

· 2536 Ridge Court to T & J Holdings for $22,600 for base bid and $1,900 for Alternate 1; and

· 1015 Avalon to T & J Holdings for $24,605 for base bid only.

d) Award bid for future network cabling to R&R Communications at various hourly rates, not to exceed $25,000 per year. Bid Memo

7. Authorize the Mayor to execute a utility easement to Westar Energy in Burroughs Creek Linear Park for the acquisition amount of $2,247. Staff Memo & Attachments

8. Authorize the Mayor to execute the agreement with Douglas County Rural Water District No. 2 for the treatment and transmission of water and the sale of water. Staff Memo & Attachments

9. Authorize the Mayor to sign Mortgage Releases for Delma Hepner, 1615 Rose Lane and Mary Jo Spotts, 1901 Vermont. Authorize the Mayor to sign a Subordination Agreement for Jeanette Reiling, 1064 Home Circle. Staff Memo

10. Approve as “signs of community interest”, a request from Health Care Access to place two signs promoting “Bras Across the Kaw” breast cancer awareness event near the entrances to the Kansas River bridges from October 14 – 21, 2011.

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. Consider the following items related to the Grandstand Sportswear and Glassware expansion project: Staff Memo & Attachments

a) Consider adopting Resolution No. 6948, granting a ten year, sixty-five percent (65%) property tax abatement;

b) Consider adopting on first reading, Ordinance No. 8678, authorizing a $25,000 forgivable loan for the project; and

c) Approve a performance agreement with 3840 Greenway Circle, LLC/Grandstand Sportswear setting forth the related performance requirements for the tax abatement and the forgivable loan.

ACTION: Adopt Resolution No. 6948, granting a ten year, sixty-five (65%) property tax abatement, adopt on first reading, Ordinance No. 8678, authorizing a $25,000 forgivable loan, and approve a performance agreement with 3840 Greenway Circle, LLC/Grandstand Sportswear, if appropriate.

2. Consider approving the following items related to the 8^th/Penn (Poehler Building) project:

a) Consider approving Text Amendments, TA-8-13-11, to Article 3 of the Lawrence Land Development Code and to the 8^th & Pennsylvania Urban Conservation Overlay District, including the Design Guidelines 8^th and Penn Neighborhood Redevelopment Zone, in order to accommodate a residential proposal for property located at 619 E. 8^th Street that exceeds the density limit currently noted in the guidelines. Initiated by City Commission on 8/9/11. Adopt on first reading, Ordinance No. 8675, Text Amendments (TA-8-13-11) to Article 3 of the Lawrence Land Development Code and to the 8^th & Pennsylvania Urban Conservation Overlay District, including the Design Guidelines 8^th and Penn Neighborhood Redevelopment Zone. (PC Item 4; approved 9-0 on 9/26/11) Staff Report Draft Guidelines PC Minutes Incorporation by Reference HRC Staff Report HRC Action Summary

ACTION: Approve Text Amendments (TA-8-13-11) to Article 3 of the Lawrence Land Development Code and to the 8^th & Pennsylvania Urban Conservation Overlay District, including the Design Guidelines 8^th and Penn Neighborhood Redevelopment Zone, and consider adopting on first reading, Ordinance No. 8675, if appropriate.

b) Consider approving rezoning, Z-8-22-11, approximately .56 acres from CS (Strip Commercial) to RM32 (Multi-Dwelling Residential) within the 8^th & Pennsylvania Urban Conservation Overlay District, located at 619 E 8^th Street. Submitted by Bartlett & West, Inc., for Ohio Mortgage Investors, LLC property owner of record. Adopt on first reading, Ordinance No. 8676, for Rezoning (Z-8-22-11) approximately .56 acres from CS (Strip Commercial) to RM32 (Multi-Dwelling Residential) within the 8^th & Pennsylvania Urban Conservation Overlay District, located at 619 E 8^th Street. (PC Item 5A; approved 9-0 on 9/26/11) Staff Report Site Plan Map of Area Design Guidelines PC Minutes

ACTION: Approve rezoning (Z-8-22-11) of approximately .56 acres from CS (Strip Commercial) to RM32 (Multi-Dwelling Residential) within the 8^th & Pennsylvania Urban Conservation Overlay District, and consider adopting Ordinance No. 8676, if appropriate.

c) Consider approving rezoning, Z-8-23-11, approximately .27 acres from CS (Strip Commercial) to RM12D (Multi-Dwelling Residential) within the 8^th & Pennsylvania Urban Conservation Overlay District, located at 804-806 Pennsylvania Street. Submitted by Bartlett & West, Inc., for Ohio Mortgage Investors, LLC, property owner of record. Adopt on first reading, Ordinance No. 8677, for Rezoning (Z-8-23-11) approximately .27 acres from CS (Strip Commercial) to RM12D (Multi-Dwelling Residential) within the 8^th & Pennsylvania Urban Conservation Overlay District, located at 804-806 Pennsylvania Street. (PC Item 5B; approved 9-0 on 9/26/11) Staff Report Site Plan Map of Area Design Guidelines PC Minutes

ACTION: Approve rezoning (Z-8-23-11) of approximately .27 acres from CS (Strip Commercial) to RM12D (Multi-Dwelling Residential) within the 8^th & Pennsylvania Urban Conservation Overlay District, and consider adopting Ordinance No. 8677, if appropriate.

d) Consider authorizing the Mayor to execute a development agreement with East Lawrence Historic Partners, LLC and consider authorizing the City Manager to negotiate with Bartlett & West for final plans for public improvements for East Lawrence Industrial Historic District. Staff Memo & Attachments

ACTION: Authorize the Mayor to execute a development agreement with East Lawrence Historic Partners, LLC and authorize the City Manager to negotiate with Bartlett & West for final plans for public improvements for East Lawrence Industrial Historic District, if appropriate.

3. Consider the following items related to 1043 Indiana Street: Brief Summary Staff Memo - Added 10/11/11

a) Conduct public hearing and consider making a determination based on a consideration of all relevant factors that there is/is not a feasible and prudent alternative to the proposed project at 1043 Indiana Street and the that the proposed project includes/does not include all possible planning to minimize harm to the listed properties. The Historic Resources Commission determined on September 15, 2011 that this project will encroach upon, damage or destroy the listed historic properties and their environs. Request for Appeal Appeal Staff Memo Sept. 2011 Staff Report Location Map Oread National Register Renderings KS State Historical Society Letters Environs Information HRC Action Summary Letter - September 2011 Photo - September 2011 HRC Packet - July 2011 HRC Packet - May 2011 Applicant Submittal - October 2010 Photo - June 2011 Correspondence Comments from Lawrence Preservation Alliance Standards for Evaluating the Effects of Projects on Environs

ACTION: Conduct public hearing and make a determination based on a consideration of all relevant factors that there is a feasible and prudent alternative to the proposed project to be located at 1043 Indiana Street and that the proposed project does not include all possible planning to minimize harm to the listed property, if appropriate.

b) Consider approving rezoning, Z-7-18-11, approximately 0.80 acres from U-KU (University-Kansas University) to RM32-PD (Multi-Dwelling Residential-Planned Development), located at 1043 Indiana Street. Submitted by Paul Werner Architects, for Triple T LLC, property owner of record. (PC Item 5A; approved 8-0 on 8/24/11) Staff Report Map of Area PC Minutes Correspondence

ACTION: Approve rezoning (Z-7-18-11) approximately 0.80 acres from U-KU (University-Kansas University) to RM32-PD (Multi-Dwelling Residential-Planned Development), located at 1043 Indiana Street, if appropriate.

c) Consider approving Preliminary Development Plan, PDP-7-1-11, to relocate the Varsity House and development of a Multi-Dwelling Structure, located at 1043 Indiana Street. Submitted by Paul Werner Architects, for Triple T LLC, property owner of record. (PC Item 5B; approved 8-0 on 8/24/11) Staff Report Renderings Plans & Elevations PC Minutes Correspondence

ACTION: Approve Preliminary Development Plan, PDP-7-1-11, to relocate the Varsity House and development of a Multi-Dwelling Structure, located at 1043 Indiana Street, if appropriate.

4. Consider initiating a text amendment to Chapter 20 of the City Code, Land Development Code, to review the uses of the existing industrial districts and explore creating a new district that permits uses with intensities between the IL (Limited Industrial) district and IG (General Industrial) district. Staff Memo

ACTION: Initiate text amendment to review the uses of the existing industrial districts and explore creating a new district that permits uses with intensities between the Il (Limited Industrial) district and IG (General Industrial) district, if appropriate.

5. Consider a motion to recess into executive session for 30 minutes for the purpose of consultation with attorneys for the City on matters deemed privileged in the attorney-client relationship. The justification for the executive session is to keep attorney-client matters confidential. The regular meeting of the City Commission will resume in the commission meeting room at the conclusion of the executive session.

ACTION: Approve motion for executive session, if appropriate.

E. PUBLIC COMMENT:

F. FUTURE AGENDA ITEMS: Staff Memo & Attachments

G. COMMISSION ITEMS:

H. CALENDAR: Meeting List

· United Way Picnic, Wednesday, October 12, 11:30 a.m. – 1:00 p.m. Location: Douglas County Fairgrounds, Building 21, 2120 Harper Street.

· Retiree Attraction Task Force meeting, Wednesday, October 12, 12:00 p.m. Location: Chamber of Commerce.

· 2011 Valor Public Safety Awards luncheon, Tuesday, October 18, 11:00 a.m.

Location: Holiday Inn/Holidome – Regency Ballroom.

· City Commission Study Session with Parks & Recreation Advisory Board, Tuesday, October 25, 4:00 – 5:30 p.m. Location: City Commission Room.

· Kansas Water Authority dinner, Thursday, November 3, 6:00 p.m. Location: Union Pacific Depot.

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

· Employee Service Awards, Thursday, November 17, 11:30 a.m. – 1:30 p.m. Location: Douglas County Fairgrounds, Building 21, 2120 Harper Street.

· November 22 City Commission Meeting will start at 5:00 p.m. This meeting is planned to be short.

· City offices closed November 24 and November 25 in observance of the Thanksgiving holiday.

· November 29 City Commission Meeting canceled due to it being the fifth Tuesday.

*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.

Board of Zoning Appeals/Sign Code Board of Appeals:

One vacancy for a position that expires 09/30/13.

Community Commission on Homelessness:

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

Community Development Advisory Committee:

One position expires 09/30/11. This is an at-large position.

Convention and Visitors Bureau Advisory Board:

Two vacancies – one position expires 07/01/14 and one position expires 07/01/15 and is designated for a hotel/motel industry representative.

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.