CITY
COMMISSION
MEETING AGENDA
August 12, 2008 - 6:35 p.m.
(Posted on webpage at 5:00 p.m. on 08/07/08)
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Updates:
08/12/08 @ 3:15 p.m.
- Changed the ordinance number on Consent Agenda Item No. 6 – adoption of ambulance fees, from Ordinance No. 7774 to Ordinance No. 8313.
- Removed Consent Agenda Item No. 7a, the adoption of Resolution No. 6785. This was mistakenly assigned a resolution number rather than an ordinance number. The item has been added as Consent Agenda Item No. 5b, adopting on first reading, Ordinance No. 8313, authorizing the financing and refinancing of certain real estate property and improvements thereon for economic development purposes and authorizing the issuance of general obligation bonds to pay the costs thereof.
- Removed Consent Agenda Item No. 7b, the adoption of Resolution No. 6786, authorizing the improvements to public recreational areas and to issue general obligation bonds and/or temporary notes in an amount not to exceed $300,000 for the purpose of paying the costs thereof.
- Added to Regular Agenda Item No. 2 – Peak Oil, a powerpoint presentation provided by the Sustainability Action Network.
- Added to Regular Agenda Item No. 4 – TA-04-03-08, text amendment regarding homeless facilities, a staff powerpoint presentation.
08/11/08 @ 1:00 p.m.
- Added to Regular Agenda Item No. 1 – Public Hearing on 2009 Budget – b) Mayor Dever requests Commission consideration of an additional sales tax initiative of 0.05% for transit purposes. If approved by the voters, the 0.05% sales tax would not take effect unless the 0.20% sales tax was also approved by the voters in November. Staff Memo & Attachments
- Added additional correspondence to and changed the action for Regular Agenda Item No. 4 – TA-04-03-08, text amendment regarding homeless facilities.
08/08/08 @ 4:40 p.m.
- Added additional correspondence and a staff memo to Regular Agenda Item No. 4 – text amendment for homeless facilities.
- Added correspondence and TSC Minutes from 08/04/08 (Item 3 only) to Regular Agenda Item No. 5 – Truck Routes.
A. RECOGNITION/PROCLAMATION/PRESENTATION:
1. None.
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:
Mental Health Board meeting of 06/24/08
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 Department of Administrative Services.
4. Bid and purchase items:
a) Award City Bid No. B08066, Project No. PW0820, 2008 Overlay Program, Phase3, to low bidders as follows: Staff Memo & Attachments
i) Base Bid Section ($762,038.90) and Alternate Bid Section A ($210,180.70) to Kansas Heavy Construction;
ii) Alternate Bid Section B ($240,813.80) and Alternate Bid Section C (Municipal Airport Taxiway Aprons A & B) ($44,471.60) to R. D. Johnson Excavating; and,
iii) Alternate Bid Section D (Lawrence Memorial Park Cemetery) ($75,260.00) and Alternate Bid Section E (8th & 9th Street Speed Cushions) ($20,024.40) to LRM Industries, Inc.
5. Adopt on first reading, the following ordinance(s):
a) Ordinance No. 8294, an ordinance providing for the amendment to Chapter V, Article 10 of the Lawrence City Code that requires ground fault circuit interrupter receptacles for all kitchen countertop and bathroom receptacles. Staff Memo & Attachments
b) Ordinance No. 8313, authorizing the financing and refinancing of certain real estate property and improvements thereon for economic development purposes and authorizing the issuance of general obligation bonds to pay the costs thereof, in anticipation of the general obligation bond and temporary note sale on September 9, 2008. The City Commission will consider formally authorizing the East Hills Business Park project at its meeting on August 26, 2008. Staff Memo & Attachments
6. Adopt on second and final reading, Ordinance No. 7774 8312, establishing the City’s part of a joint Resolution/Ordinance
concerning charges for ambulance services.
7. Adopt the following resolutions in anticipation of the general obligation bond and temporary note sale on September 9, 2008. The City Commission will consider formally authorizing the East Hills Business Park project and the tennis court project at its meeting on August 26, 2008. Staff Memo & Attachments
a) Resolution No. 6785, authorizing the financing and refinancing of certain real estate property and improvements thereon for economic development purposes and authorizing the issuance of general obligation bonds to pay the costs thereof, if appropriate.
b) Resolution No. 6786, authorizing the improvements to public recreational areas and to issue general obligation bonds and/or temporary notes in an amount not to exceed $300,000 for the purpose of paying the costs thereof.
c) Resolution No. 6787, ordering the improvement and authorizing the issuance of general obligation bonds for certain improvements to the intersection of 19th Street and Louisiana Street and repealing Resolution No. 6762, if appropriate.
d) Resolution No. 6784, authorizing the sale of general obligation temporary notes, series 2008-I and general obligation bonds, series 2008-A.
e) Resolution No. 6783, establishing the maximum annual bonding amount for improvements authorized pursuant to Charter Ordinance No. 27 as $685,000 plus costs of issuance and interest on any temporary financing, if appropriate.
8. Approve the following traffic related items: Staff Memo & Attachments
a) Waive the engineer’s estimate for City Bid No. B08061, Project No. 24-GI3-807(C), 18th and Maine Street, Traffic Diverter, and award bid to Asphalt Improvement Co. in the amount of $27,471. Bid Memo & Attachments
b) Adopt Resolution No. 6788, amending Sections 1 and 2 of Resolution 6728, expanding the list of projects previously authorized by Resolution No. 6728 by including the funding of the mid-block Pedestrian Signal in the 900 block of New Hampshire Street and the 18th and Maine Street Traffic Diverter to the list of projects. Staff Memo Regarding 900 block of New Hampshire Pedestrian Signal
9. Receive request from Spencer Fane Britt & Browne, LLP, for a Transportation Development District (TDD) at the Bauer Farms Development, 6th & Wakarusa, refer to staff for a report. Request
10. Approve application for Temporary Use of Right of Way for the Lawrence Busker Festival, August 22 – 24, 2008. Staff Memo & Attachments
11. Authorize the Mayor to sign two (2) Releases of Mortgage for Peggy Sullivan, 2236 East Drive. Staff Memo
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 proposed 2009 City budget:
a) Conduct the public hearing on the proposed 2009 City budget. Staff Memo & Attachments
ACTION: Adopt on first reading, Ordinance No. 8305, adopting and appropriating by fund the 2009 City of Lawrence budget, if appropriate.
Adopt on first reading, Ordinance No. 8306, noting the necessity of appropriating/budgeting property tax revenues for 2009 in excess of that which was appropriated/budgeted for 2008, if appropriate.
b) Mayor Dever requests Commission consideration of an additional sales tax initiative of 0.05% for transit purposes. If approved by the voters, the 0.05% sales tax would not take effect unless the 0.20% sales was also approved by voters in November. Staff Memo & Attachments
ACTION: Adopt Resolution No. 6792, providing for an additional 0.05% sales tax for transit purposes and authorize publication of appropriate notice, if appropriate.
2. Receive presentation regarding Peak Oil from the Sustainability Action Network (requested by Sustainability Advisory Board). Cover Letter Lawrence Peak Oil Resolution Oil Depletion Protocol Supporting Documents Power Point Presentation - Added 08/12/08
ACTION: Receive presentation. Because of the length of the agenda, a maximum of 30 minutes will be devoted to this item.
3. Consider draft findings of fact that there is no feasible and prudent alternative to granting a demolition permit for the structure located at 1232 Louisiana Street, and whether “all possible planning to minimize harm” has been accomplished for the listed property. In addition, initiate the rezoning of property at 1232 Louisiana to the RM-32 zoning district. Staff Memo & Attachments
ACTION: Adopt Resolution No. 6791 and initiate the rezoning of property at 1232 Louisiana from U (University District) to RM-32 (Multi-Dwelling Residential), if appropriate.
4. Consider the approval of Text Amendment TA-04-03-08, to Chapter 20 of Lawrence City Code (Land Development Code) to define and permit various homeless facilities in certain zoning districts with use standards. Initiated by City Commission April 29, 2008. Adopt on first reading, Ordinance No. 8300, an ordinance providing for the amendments to Chapter 20 of Lawrence City Code (Land Development Code) to define and permit various homeless facilities in certain zoning districts with use standards. (PC Item 4; approved 7-2 on 7/21/08) Staff Memo & Revised Language Staff Report & Proposed Language Correspondence (Updated 08/11/08) PC Minutes Request for Deferral Staff Memo - Added 08/08/08 Staff Powerpoint Presentation - Added 08/12/08
ACTION: Receive proposed text amendment, receive public comment, and direct staff as appropriate. Receive staff presentation. Defer this item for consideration at a future meeting, if appropriate.
5. Consider recommendation from the Traffic Safety Commission to amend the truck route ordinance. Staff Memo & Attachments Correspondence - Added 08/08/08 TSC Minutes from 08/04/08 - Added 08/08/08
ACTION: Direct staff as appropriate.
E. PUBLIC COMMENT:
F. FUTURE AGENDA ITEMS: Staff Memo & Attachments
G. COMMISSION ITEMS:
H. CALENDAR: Meeting List
§ ERC Employee Appreciation Picnic, Saturday, August 16, 5:00 – 8:00 p.m. Location: Broken Arrow Park
§ Mayor’s Task Force on Climate Protection, August 26, 4:30 p.m. Location: City Commission Room.
§ ERC Employee Swim Party, Thursday, August 28, 5:00 – 8:00 p.m. Location: Outdoor Aquatic Center.
§ City offices will be closed on Monday, September 1 in observance of Labor Day.
§ Lawrence Schools Foundation Breakfast, Friday, September 5, 7:30 a.m. Location: Holidome.
§ There will not be a City Commission Meeting on September 30.
§ Joint City/County/USD quarterly meeting, October 8, 7:30 a.m. Location: City Commission Room.
§ City Employee United Way Picnic, Wednesday, October 15, 11:00 a.m. – 1:00 p.m. Location: Community Building.
§ Employee Service Awards, Tuesday, October 28, 5:30 p.m. Additional information will be provided as it becomes available.
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*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.
One (1) vacancy for the position that expired 05/31/08.
Board of Zoning Appeals/Sign Code Board of Appeals:
Two (2) positions, (von Tersch and Carpenter), expire 09/30/08. Both are eligible for reappointment to additional terms.
Convention & Visitors Bureau Advisory Board:
One (1) vacancy for an unexpired position (Longhurst) expires 07/01/10.
Two (2) positions, (Keller and Belot), expire 09/30/08. Both are eligible for reappointment to additional terms.
Three (3) positions, (Hodison, Tapahonso, and Walker) expire 09/30/08. All are eligible for reappointment to additional terms. One (1) position, (Chao) will expire 09/30/08. Mr. Chao has served two consecutive terms and is not eligible for reappointment to additional terms.
One (1) vacancy (Board of Directors) for an unexpired position (Johnson) which expires 09/30/09. Two (2) positions, (Donaldson - Advisory Council) and (Brown - Board of Directors), expire 09/30/08. Both are eligible for reappointment to additional terms.
Two (2) vacancies for the unexpired positions (Hatchett and King) which expire 01/31/10.
Lawrence Citizen Advisory Board:
One (1) vacancy for the unexpired position (Leon) which expires 03/01/11.
Lawrence-DGCO Housing Authority:
One (1) position (O’Keefe) expired 06/30/08.
Public Transit Advisory Committee:
One (1) vacancy for the unexpired position (Foster) expires 12/31/08.
One (1) vacancy for the position that expired 04/30/08.