CITY COMMISSION

MEETING AGENDA

March 5, 2019 - 5:45 p.m.

(Posted on webpage at 4:50 p.m. on 02/28/19)

City Commission Room, First Floor of City Hall

6 East 6^th Street

SilenceCell

Updates:

03/05/19 @ 3:20 p.m.:

· Updated the appointment memo on Consent Agenda Item No. 5 – Approve appointments as recommended by the Mayor;

· Updated the Staff Memo on Regular Agenda Item No. 1 - related to the sale of General Obligations Bonds, Series 2019-A and General Obligation Temporary Notes, Series 2019-I;

· Added additional correspondence to Regular Agenda Item No. 4 - Consider approving a Special Use Permit, SUP-18-00572, for a non-owner occupied short-term rental located at 921 Holiday Drive;

· Updated the Staff Memo with OPUS Group Request for Warrants letters to Regular Agenda Item No. 6-a - Consider a Preliminary Development Plan, PDP-18-00537, (Infill Community Plan - SmartCode) for 23^rd Street Mixed Use development, including 119 residential units for a density of 27 dwelling units per acre and 8,811 square feet of retail space on property located at 1401 W. 23^rd Street and 1300 W. 24^th Street;

· Added additional correspondence to Regular Agenda Item No. 7 - Consider authorizing the City Manager to execute an agreement with TSP Environmental, in an amount of $1,235,158.00, for Bowersock Dam Scour Hole Repairs (CIP #UT1885) and Kansas Riverbank Stabilization (CIP #PW17E9) and engineering design of additional recreational features;

· Added correspondence to Regular Agenda Item No. 9 – Receive update on the Strategic Plan; and

· Updated the City Manager’s Report.

03/04/19 @ 3:45 p.m.:

· Corrected the language on Regular Agenda Item No. 1-c;

· Added additional correspondence to Regular Agenda Item No. 4 - Consider approving a Special Use Permit, SUP-18-00572, for a non-owner occupied short-term rental located at 921 Holiday Drive;

· Updated the Staff Memo with the agreement on Regular Agenda Item No. 7 - Consider authorizing the City Manager to execute an agreement with TSP Environmental, in an amount of $1,235,158.00, for Bowersock Dam Scour Hole Repairs (CIP #UT1885) and Kansas Riverbank Stabilization (CIP #PW17E9) and engineering design of additional recreational features; and

· Updated the City Manager’s Report.

03/01/19 @ 1:50 p.m.:

· Updated the Protest Petition Memo related to Regular Agenda Item No. 4 - Consider approving a Special Use Permit, SUP-18-00572, for a non-owner occupied short-term rental located at 921 Holiday Drive; and

· Updated the Infill Community Plan related to Regular Agenda Item No 6-a - Consider a Preliminary Development Plan, PDP-18-00537, (Infill Community Plan - SmartCode) for 23^rd Street Mixed Use development, including 119 residential units for a density of 27 dwelling units per acre and 8,811 square feet of retail space on property located at 1401 W. 23^rd Street and 1300 W. 24^th Street.

In order to be included as part of the agenda packet, written communications must be received by the City Manager’s Office by 12:00 p.m. on the day of the meeting. Communications received after 12:00 p.m. will be printed and given to the Commissioners at the meeting rather than being included as part of the online agenda. Please send correspondence electronically to bjwalthall@lawrenceks.org. If sending large attachments, please verify receipt by calling 785.832.3400.

A.	APPROVE AGENDA:

1.	The City Commission reserves the right to amend, supplement, or re-order the agenda during the meeting.

	ACTION:	Approve agenda.

B.	RECOGNITION/PROCLAMATION/PRESENTATION:

1.	Proclaim Sunday, March 17, 2019 as the Thirty-Second Annual St. Patrick’s Day Parade.

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. Members of the public wishing to speak to an item that has been pulled off the Consent Agenda will be limited to three (3) minutes for comments.

1.	Approve City Commission meeting minutes from 02/19/19.

2.	Receive minutes from various boards and commissions:

	Affordable Housing Advisory Board meeting of 01/14/19
	Bert Nash Governing Body Board meetings of 12/11/18 and 01/29/19
	Human Relations Commission meeting of 11/16/18
	LMH Health Governing Board meeting of 01/16/19
	Lawrence Douglas County Advocacy Council on Aging meeting of 01/15/19
	Lawrence Douglas County Housing Authority meeting of 01/28/19
	Transportation Commission meetings of 11/28/18 and 12/03/18

3.	Approve all claims. The list of claims will be posted by the Finance Department on Monday prior to the meeting. If Monday is a holiday, the claims will be posted as soon as possible the next business day.

4.	Approve licenses as recommended by the City Clerk’s Office.

5.	Approve appointments (updated 03/05/19) as recommended by the Mayor.

6.	Bid and purchase items

	a)	Award Bid No. B1908 - Rehabilitation of the elevator at the New Hampshire Street Parking Garage (PW1906, PW20B4CIP) – to KONE Inc. in the amount of $108,400.00 and authorize the City Manager to execute an agreement. Staff Memo & Attachments

	b)	Authorize the purchase of two (2) emergency standby generators for Water Treatment Plant operations from Foley Equipment, in the total amount of $392,319.16, utilizing the Sourcewell cooperative contract, as part of the 2019 CIP (UT9900CIP) and (UT9901CIP) schedule. Staff Memo & Attachments

	c)	Authorize the purchase of one (1) Stepp STPH 4.0 truck mounted patch body from American Equipment, in the amount of $107,236.00, utilizing the HGAC cooperative contract, and one (1) truck chassis purchase, from Summit Truck Group, in the amount of $81,548.00, utilizing the MACPP cooperative contract, as part of the 2019 CIP (PW22F13CIP) replacement schedule. Staff Memo & Attachments

	d)	Approve Change Order 2, in the amount of $74,872.67, to Sunflower Paving, Inc. for work to be performed on Capital Improvement Project PW18E10CIP/PW18E9CIP/UT9902CIP, 23^rd Street Waterline and Geometric Improvements. Staff Memo & Attachments

	e)	Revise Vendor and Bid Price for Aluminum Sulfate in awarded Bid No. B1848, to Chemtrade for $0.3345 / lb, for 2019 Water and Wastewater Chemical Program. Staff Memo & Attachments

7.	Adopt on first reading, the follow ordinances:

	a)	Ordinance No. 9610, authorizing the City Manager to administratively determine the dates and times for the prohibition of glass bottles and containers and the prohibition of rooftop access at specified periods during the NCAA Men’s Basketball Tournament. Staff Memo & Attachments

	b)	Ordinance No. 9639, allowing the sale, possession, and consumption of alcohol in the 900 block of New Hampshire Street and in the 100 block of east 8^th Street on the public right-of-way on the during the 2019 Buskerfest event. Staff Memo & Attachments

	c)	Ordinance No. 9646, allowing the sale, possession, and consumption of alcohol on the public right-of-way on Sunday, April 7, 2019 from 8:00 a.m. to 5:00 p.m. on the 800 block of Pennsylvania Street associated with the Lawrence Beer Company Brew to Brew event. Staff Memo & Attachments

	d)	Ordinance No. 9649, allowing the sale, possession, and consumption of alcohol on the public right-of-way in the 900 block of New Hampshire Street during the Art Tougeau Street Party. Staff Memo & Attachments

	e)	Ordinance No. 9655, pertaining to the sale of beer containing not more than six percent (6.0%) alcohol by volume by any person possessing a cereal malt beverage license. Staff Memo & Attachments

	f)	Ordinance No. 9648, dissolving the Community Development Advisory Committee, effective June 30, 2019 and repealing an outdated version of the Citizen Participation Plan. Staff Memo & Attachments

8.	Adopt on second and final reading, the following ordinances:

	a)	Ordinance No. 9640, for a Special Use Permit (SUP-18-00556) for a non-owner occupied short-term rental located at 508 Florida Street in RM24 (Multi-Dwelling Residential) Zoning District. (PC Item 9; approved 9-0 on 1/23/19)

	b)	Ordinance No. 9641, for a Special Use Permit (SUP-18-00563) for a non-owner occupied short-term rental located at 815 Alabama Street in RS5 (Single-Dwelling Residential) Zoning District. (PC Item 10; approved 9-0 on 1/23/19)

	c)	Ordinance No. 9622, Ordinance No. 9623, and Ordinance No. 9624, rezoning (Z-18-00505) approximately 16.116 acres from OS (Open Space) District, CS (Strip Commercial) District, & IG (General Industrial) District to CD-PD (Downtown Commercial with Planned Development Overlay) District, and to affirm the findings for publication of Comprehensive Plan Amendment, CPA-11-8-11, expanding the identified boundaries of Downtown Lawrence, located at 311, 317, 401, 409, 415, 501, and 505 N. 2^nd Street. (PC Item 2A; approved 9-1 on 12/19/18)

	d)	Ordinance No. 9650, adding responsibilities to the Affordable Housing Advisory Board regarding recommendations of HOME investment partnership fund allocations, currently a responsibility of the Community Development Advisory Committee.

	e)	Ordinance No. 9615, pertaining to the regulation of animals.

9.	Accept dedication of easements and rights-of-way associated with a Final Plat, PF-19-00014, for Heritage Tractor, located at 1110 E. 23^rd Street. Submitted by Area Surveyors, for Muth Properties, LLC, property owner of record. Staff Memo & Attachments

10.	Authorize the City Manager to execute Supplemental Engineering Services Agreement No. 1 to the Engineering Services Agreement, CIP #UT1892CIP – Naismith Valley Interceptor and Pump Station 8 Abandonment, with Black & Veatch, in the amount of $329,938.00. Staff Memo & Attachments

11.	Authorize the City Manager to execute a license agreement with Lawrence Farmers Market, Inc., allowing the use of the Public Library Plaza Park and Vermont Street Parking Garage for Tuesday markets, and City Parking Lot 8 for Saturday markets, during the 2019 Farmers Market season. Staff Memo & Attachments

12.	Authorize the City Manager to execute a license agreement with Greyhound Lines, Inc. for the use of the City’s right-of-way for a bus stop on West 7^th Street, between Kentucky Street and Vermont Street. Staff Memo & Attachments

13.	Authorize the City Manager to execute Supplemental Agreement No. 1 to the Engineering Services Agreement with GHD Inc., for the Farmland Remediation Project, in the amount of $142,644. Staff Memo & Attachments

14.	Direct the City Attorney’s Office to prepare a call for a special meeting of the City Commission for Saturday, March 23, 2019, in accordance with Section 1-108 (C) of the City Code. Staff Memo


D.	PUBLIC COMMENT:
ADDRESSING THE COMMISSION: The public is allowed to speak to any items or issues, except those scheduled on the consent agenda or regular agenda portions of the agenda, after first being recognized by the Mayor. Each person will be limited to three (3) minutes for public comment. As a general practice, the Commission will not discuss/debate these items, nor will the Commission make decisions on items presented during this time, rather they will refer the items to staff for follow up, if necessary. 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.

E.	REGULAR AGENDA ITEMS:

1.	Consider the following items related to the sale of General Obligations Bonds, Series 2019-A and General Obligation Temporary Notes, Series 2019-I: Staff Memo & Attachments - Updated 03/05/19

	a)	Consider declaring an emergency and adopt on first and second reading, Ordinance No. 9652, providing for the issuance of General Obligation Bonds, Series 2019-A of the City of Lawrence, Kansas.

	b)	Consider adopting Resolution No. 7282 prescribing the form and details of and authorizing and directing the sale and delivery of General Obligation Bonds, Series 2019-A, of the City of Lawrence, Kansas.

	c)	Consider adopting Resolution No. 7283 authorizing and directing the issuance, sale, and delivery of General Obligation Temporary Notes, Series 2019-I, of the City of Lawrence. Consider adopting Resolution No. 7282 prescribing the form and details of and authorizing and directing the sale and delivery of General Obligation Bonds, Series 2019-A, of the City of Lawrence, Kansas.

	ACTION:		Declare an emergency and adopt on first and second reading, Ordinance No. 9652 and adopt Resolution No. 7282 and Resolution No. 7283, if appropriate.

2.	Receive update on the Police Facility Phase 1, Project PD1803CIP. Staff Memo & Attachments

	ACTION:		Receive update.

3.	Consider approving a Special Use Permit, SUP-18-00564, for a Temporary Shelter for The DARE Center, located at 944 Kentucky Street, and adopt on first reading, Ordinance No. 9643. Submitted by the Coalition for Homeless Concerns Inc on behalf of James Dunn, property owner of record. (PC Item 8; approved 5-4 on 1/23/19) Commissioners will need to declare Ex Parte Communications. A valid protest petition has been received; therefore, a super-majority vote (at least 4 out of 5 votes) is required for approval of the Special Use Permit. Staff Memo & Attachments

	ACTION:		Approve a Special Use Permit (SUP-18-00564) for a Temporary Shelter for The DARE Center, located at 944 Kentucky Street, and adopt on first reading, Ordinance No. 9643, if appropriate.

4.	Consider approving a Special Use Permit, SUP-18-00572, for a non-owner occupied short-term rental located at 921 Holiday Drive in PUD (Planned Unit Development) Zoning District and adopt on first reading, Ordinance No. 9642. Submitted by Bingham Investment LLC, property owner of record. (PC Item 12; approved 9-0 on 1/23/19 Commissioners will need to declare Ex Parte Communications. A valid protest petition has been received; therefore, a super-majority vote (at least 4 out of 5 votes) is required for approval of the Special Use Permit. Staff Memo & Attachments - Updated 03/05/19

	ACTION:		Approve a Special Use Permit (SUP-18-00572) for a non-owner occupied short-term rental located at 921 Holiday Drive in PUD (Planned Unit Development) Zoning District, and adopt on first reading, Ordinance No. 9642, if appropriate.

5.	Consider approving a Special Use Permit, SUP-18-00565, for non-owner occupied short-term rentals located at 888 New Hampshire Street, Units 208, 209, and 216 in CD (Downtown Commercial) Zoning District and adopt on first reading, Ordinance No. 9644. Submitted by First Management Inc on behalf of 100 E. 9th LLC, property owner of record. (PC Item 11; approved 6-3 on 1/23/19) Commissioners will need to declare Ex Parte Communications. Staff Memo & Attachments

	ACTION:		Approve a Special Use Permit (SUP-18-00565) for non-owner occupied short-term rentals located at 888 New Hampshire Street, Units 208, 209, and 216 in CD (Downtown Commercial) Zoning District, and adopt on first reading, Ordinance No. 9644, if appropriate.

6.	Consider a request to establish an Infill Community Plan associated with the SmartCode at 1401 W. 23^rd Street and 1300 W. 24^th Street:

	a)	Consider a Preliminary Development Plan, PDP-18-00537, (Infill Community Plan - SmartCode) for 23^rd Street Mixed Use development, including 119 residential units for a density of 27 dwelling units per acre and 8,811 square feet of retail space on property located at 1401 W. 23^rd Street and 1300 W. 24^th Street. Submitted by Opus Development Company LLC, for George B. Leinmiller and Marlene J. Leinmiller, property owners of record. (PC Item 13C; approved 9-0 on 1/23/19) Staff Memo & Attachments - Updated 03/05/19

	ACTION:		Approve a Preliminary Development Plan (PDP-18-00537) Infill Community Plan - SmartCode for 23^rd Street Mixed Use development at 1401 W. 23^rd Street and 1300 W. 24^th Street, if appropriate.

	b)	Consider a request to rezone, Z-18-00536, approximately 5.2 acres from CS (Strip Commercial) District and RM32 (Multi-Dwelling Residential) District to SmartCode T-5, located at 1401 W. 23^rd Street and 1300 W. 24^th Street and adopt on first reading, Ordinance No. 9645. Submitted by Opus Development Company LLC, for George B. Leinmiller and Marlene J. Leinmiller, property owners of record. (PC Item 13B; approved 9-0 on 1/23/19) Staff Memo & Attachments

	ACTION:		Approve rezoning (Z-18-00536) approximately 5.2 acres from CS (Strip Commercial) District and RM32 (Multi-Dwelling Residential) District to SmartCode T-5, located at 1401 W. 23^rd Street and 1300 W. 24^th Street, and adopt on first reading, Ordinance No. 9645, if appropriate.

	c)	Consider accepting dedication of easements and right-of-way associated with a Minor Subdivision, MS-18-00535, for South Hills No. 3 Second Replat, for 1401 W. 23^rd Street and 1300 W. 24^th Street. Submitted by Opus Development Company LLC, for George B. Leinmiller and Marlene J. Leinmiller, property owners of record. Staff Memo & Attachments

	ACTION:		Accept dedication of easements and right-of-way for South Hills No. 3 Second Replat (MS-18-00535), if appropriate.

7.	Consider authorizing the City Manager to execute an agreement with TSP Environmental, in an amount of $1,235,158.00, for Bowersock Dam Scour Hole Repairs (CIP #UT1885) and Kansas Riverbank Stabilization (CIP #PW17E9) and engineering design of additional recreational features. Staff Memo & Attachments - updated 03/05/19

	ACTION:		Authorize the City Manager to execute an agreement with TSP Environmental, if appropriate.

8.	Consider awarding Bid No. B1903, for janitorial services for various City facilities, to Service Systems, in the amount of $177,192.00. Staff Memo & Attachments

	ACTION:		Award Bid No. B1903 for janitorial services, if appropriate.

9.	Receive report on the Strategic Plan. Staff Memo & Attachments Correspondence - Added 03/05/19

	ACTION:		Receive update, and direct staff as appropriate.


F.	COMMISSION ITEMS:

	a)	Future agenda item to add.
	b)	Future work session item to add.
	c)	Other items.


G.	CITY MANAGER’S REPORT: Report & Attachments - Updated 03/05/19

CALENDAR: Meeting List - Updated 03/04/19

Tuesday, March 12 City Commission Meeting starts at 4:00 p.m. and is an Executive Session only.


I.	BOARDS AND COMMISSIONS CURRENT VACANCIES:

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 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 09/30/20.

Historic Resources Commission
Two positions are due to expire 03/01/19. One position, designated for an Architect, is eligible for reappointment to an additional term. The other position, also designated for an Architect, will become vacant.

Human Relations Commission
One vacancy for a position that expires 09/30/20.

LMH Health Governing Board
One vacancy for a position that expires 09/30/21.

Public Health Board
One position is due to expire 03/31/19 and is eligible for reappointment to an additional term.

Public Transit Advisory Committee
One vacancy for a position that expires 12/31/19 and is designated for the KU on Wheels Representative.

Sales Tax Audit Committee
One position is due to expire 04/30/19 and is not eligible for reappointment to additional terms.

Sustainability Advisory Board
One position that expires 12/31/21 will become vacant after February.