A

CITY COMMISSION

MEETING AGENDA

April 24, 2012 – 6:35 p.m.

(Posted on webpage at 5:00 p.m. on 04/19/12)

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Updates:

04/24/12 @ 3:30 p.m.:

Added under proclamations, a proclamation for the Week of the Young Child and a proclamation for Sertoma Bar-B-Q;
Added correspondence and the Incorporation by Reference to Consent Agenda Item No. 5c – second reading of Ordinance No. 8718 for TA-10-16-11;
Added additional correspondence on Regular Agenda Item No. 2 – 900 New Hampshire Project;
Public comment will be accepted after a brief discussion on Regular Agenda Item No. 2 – 900 New Hampshire Project; and
Under calendar, added City Commission Study Sessions on May 1 and May 15, 2012.

04/23/12 @ 4:15 p.m.:

Added additional correspondence to Regular Agenda Item No. 2 – 900 New Hampshire Project;
Defer Regular Agenda Item No. 2 – 900 New Hampshire Project until May 8, 2012; and
Added as Regular Agenda Item No. 3 – receive a revised request from First Management, Inc. and 900 New Hampshire, L.C.

A. RECOGNITION/PROCLAMATION/PRESENTATION:

1. Proclaim April 23-27, 2012 as Tree City USA Week and April 27, 2012, as Arbor Day.

2. Proclaim the month of May, 2012 as Bike Month and the week of May 14 – 18 as Bike-To-Work Week.

3. Proclaim the week of April 22 – 28, 2012 as Week of the Young Child.

4. Proclaim Saturday, May 5, 2012 as Sertoma Bar-B-Q Cook Off 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. Receive minutes from various boards and commissions:

Board of Electrical Appeals meeting of 01/04/12

Traffic Safety Commission Meeting of 04/02/12

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 the bid for the 2012 Overlay Program Phase 1, Project No. PW1209, to Sunflower Paving, Inc., for a total amount of $669,773.70. Staff Memo Bid Tab Maps

b) Award bid for Project No. PW1207, 23^rd Street ITS Project, to K & W Underground, Inc. in the amount of $119,946.00. Staff Memo Bid Tab Map

c) Authorize final payment and change order in the amount of $11,552.92 to R.D. Johnson Excavating Co., Inc. for the Farmland Demolition project. Staff Memo Photos

5. Adopt the following ordinances on second and final reading:

a) Ordinance No. 8697, Ordinance No. 8698, Ordinance No. 8699, Ordinance No. 8700, and Ordinance No. 8701, for the annexation of approximately 126.4 acres for Yankee Tank/Lake Alvamar.

b) Ordinance No. 8726, for a Text Amendment (TA-2-1-12) to the Land Development Code to revise the minimum amount of area of a structure needed to be eligible for a .5 parking space per bedroom standard from 3,500 square feet to 4,500 square feet.

c) Ordinance No. 8718, for a Text Amendment (TA-10-16-11) to Chapter 20 of the City Code, Land Development Code, to review the uses of the existing industrial districts. Correspondence - Added 04/24/12 Incorporation by Reference - Added 04/24/12

6. Approve a Temporary Use of Public Right-of-Way Permit allowing the closure of 10^th Street from Massachusetts to New Hampshire from 9:00 a.m. – 4:00 p.m. Saturday, June 2, for the Queen’s Diamond Jubilee celebration event. Staff Memo

7. Approve a Temporary Use of Public Right-of-Way Permit for the Lawrence Art Guild to close Massachusetts Street from North Park Street to South Park Street on Sunday, May 6 (or rain out date of May 13) from 6:00 a.m. – 7:30 p.m. for the 2012 Art in the Park Art Fair. Staff Memo

8. Approve Special Event Permit, SE-4-15-12, for a Cinco de Mayo/Poehler Open House public outdoor concert event in the vacant lot located at 800 Pennsylvania Street on May 5^th, 2012 from 1:00pm-9:00pm. Submitted by Tony Krsnich, for Ohio Mortgage LLC, property owner of record. Application Staff Report

9. Accept dedication of an additional easement for Final Plat, PF-7-4-11, Inverness Park Plaza Addition No. 5, for public utility improvements on property located at the southwest corner of Crossgate Drive and Clinton Parkway in conformance with approved Public Improvement Plans. Staff Memo Plat

10. Concur with Traffic Safety Commission recommendation to deny the request for traffic calming on 11^th Place between Michael Street & Monterey Way (denial recommend 8-0). TSC materials

11. Approve application to KDOT for Federal-Aid Safety Program funding for improvements at 9^th St. & Kentucky St. and 9^th St. & Michigan Street. Staff Memo Map

12. Authorize staff to submit application for KLINK funding (state fiscal year 2014) for south Iowa Street, 29^th Street to south city limits, resurfacing project. Staff Memo Map

13. Authorize staff to negotiate an agreement with BG Consultants for engineering services for the 23rd & Iowa Geometric Improvement project. The agreement will be presented at a later date to the City Commission for approval. Adopt Resolution No. 6966 authorizing the issuance of $1.5 million in General Obligation Bonds for main trafficway improvements at the intersection of 23rd Street & Iowa Street. Staff Memo Map

14. Authorize the Lawrence Cultural Arts Commission Community Arts Grants as recommended by the Lawrence Cultural Arts Commission. Staff Memo and Attachments

C. CITY MANAGER’S REPORT: City Manager’s Report

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 and considering adopting an ordinance regarding the sale of alcohol for temporary events including the Arts Center Final Friday event, Art Tougeau Parade After Party and the Replay Spring Into Summer event. Consider approving Temporary Use of Public Right-of-Way Permits for the same events. Replay Memo Arts Center/Art Tougeau Memo Ordinance No. 8729

ACTIONS: Conduct public hearing; find that the proximity of the temporary events is not adverse to the public welfare or safety; and grant distance limitation waivers for the events, if appropriate.

Approve a Temporary Use of Public Right-of-Way Permit allowing the closure of 10^th Street from Massachusetts east to the alley from noon to midnight on Saturday, May 12, for the Replay Spring Into Summer event, if appropriate.

Approve a Temporary Use of Public Right-of-Way Permit allowing the closure of a portion of the 900 block of New Hampshire Street for the Arts Center Final Friday event and Art Tougeau parade staging activities from noon, Friday, May 25 until 1:00 p.m. Saturday, May 26, 2011, if appropriate.

Approve a Temporary Use of Public Right-of-Way Permit for the Lawrence Art Guild allowing the closure of the 100 block of E 10th Street from 1:00 p.m. – 5:00 p.m. on Saturday, May 26, 2012, for the Art Tougeau parade after party and awards event, if appropriate.

Adopt on first reading, Ordinance No. 8729, allowing possession and consumption of alcoholic liquor on certain public right-of-way in conjunction with Arts Center Final Friday event, Art Tougeau Parade After Party and the Replay Spring Into Summer event, if appropriate.

2. AFTER THE PUBLIC HEARING IS OPENED, THIS ITEM WILL BE CONTINUED UNTIL MAY 8, 2012. Following brief discussion, public comment will be accepted. Consider the following determinations by the Historic Resources Commission concerning the proposed project to be located at 900 New Hampshire Street: Appeal Letter Appeal Memo HRC Summary February HRC minutes Correspondence - Updated 04/24/12

a) 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 900 New Hampshire Street and that the proposed project includes/does not include all possible planning to minimize harm to the listed properties. The Historic Resources Commission determined (7-0) on February 16, 2012 that this project will encroach upon, damage or destroy the listed historic properties and their environs.

ACTION: 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 900 New Hampshire Street and that the proposed project does not include all possible planning to minimize harm to the listed property, if appropriate.

b) Consider an appeal of the HRC determination to deny a Certificate of Appropriateness for the proposed project to be located at 900 New Hampshire Street. The HRC determined (7-0) on February 16, 2012 that this project will encroach upon, damage or destroy the listed historic properties and their environs.

ACTION: Uphold the determination of the HRC or issue a Certificate of Appropriateness for the project, if appropriate

3. Receive revised request from First Management, Inc., and 900 New Hampshire, L.C.

ACTION: Receive request; refer to staff if appropriate.

~~3. Receive~~ reimbursement request relating to the proposed development at 900 New Hampshire Street, consider adopting a resolution on the proposed redevelopment district and consider adopting on first reading, an ordinance to remove the east side from the current TIF district, and refer to the Public Incentives Review Committee. Request

~~ACTION~~: Adopt resolution on the proposed redevelopment district, adopt on first reading, an ordinance that removes the east side from the current TIF district, and refer to the Public Incentives Review Committee, if appropriate.

4. Consider a motion to recess into executive session for 1 hour for the purposes of: 1) possible acquisition of real estate; and 2) consultation with attorneys for the City on matters deemed privileged under the attorney client relationship. The justification for the executive session is to keep possible real estate acquisition terms and conditions and attorney-client matters confidential at this time. The regular meeting of the City Commission will resume in the City Commission meeting room at the conclusion of the executive session.

ACTION: Approve motion to recess into executive session, if appropriate.

E. PUBLIC COMMENT:

F. FUTURE AGENDA ITEMS: Staff Memo and Attachments

G. COMMISSION ITEMS:

H. CALENDAR: Meeting List

1. Consider establishing dates for possible City Commission Study Sessions:

a) A request from the Public Health Board for a joint City/County Commission study session in April or May;

b) A request from the Lawrence Cultural Arts Commission for a study session to discuss the Final Fridays program.

· Leadership Kansas reception, Friday, April 20, 6:30 – 8:30 p.m. Location: Carnegie Building, 9^th and Vermont Streets.

· “Legends of Leadership Lawrence” / 2012 graduation, Friday, April 27, 6:00 p.m. Location: Maceli’s, 1031 New Hampshire Street. Reservations required.

· Fambrough Way sign dedication, Saturday, April 28, 11:15 a.m. Location: Intersection of Fambrough Way and Fambrough Drive (11^th & Maine).

· City Commission Study Session, Tuesday, May 1, 4:00 p.m. – City Commission Room, First Floor City Hall. Topic: Police Facility and 2013 Budget Preparation Issues.

· Judy Billings retirement reception, Wednesday, May 2, 4:00 – 6:00 p.m. Location: Carnegie Building – Heritage Room.

· Community Health Assessment Forum, Wednesday, May 9, 3:30 p.m. – 5:00 p.m., and Thursday, May 17, 7:00 p.m. – 8:30 p.m. Location: Community Health Facility, 200 Maine St. Flyer

· City Commission Study Session, Tuesday, May 15, 3:00 p.m. – City Commission Room, First Floor City Hall. Topic: 2013 Budget.

*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.

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 03/31/12. One vacancy for a position that expires 03/31/14. Eligibility requirements exist for this board.

Historic Resources Commission:

One vacancy for a position that expired 03/01/12. One position expired 03/01/12, but is eligible for reappointment. Eligibility requirements exist for this board.

Human Relations Commission:

One vacancy for a position that expires 09/30/14.

Lawrence Citizen Advisory Board:

Two vacancies for positions that expired 03/01/12.

Lawrence Cultural Arts Commission:

One vacancy for a position that expires 01/31/13 and one vacancy for a position that expires 01/31/14.

Lawrence Douglas County Advocacy Council on Aging:

Several positions are vacant on this board.

Lawrence-Douglas County Bicycle Advisory Committee:

One vacancy for a position that expires 12/31/13.

Mechanical Board of Appeals:

One vacancy for a position that expired 03/31/12. Eligibility requirements exist for this board.