A

CITY COMMISSION

MEETING AGENDA

June 23, 2009 - 6:35 p.m.

(Posted on webpage at 4:30 p.m. on 06/18/09)

(10MB files take approximately 45 seconds to open)

A. RECOGNITION/PROCLAMATION/PRESENTATION:

1. Recognition of John and Kathy Scollon.

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 06/09/09.

2. Receive minutes from various boards and commissions:

Sister Cities Advisory Board meetings of 04/08/09 and 04/22/09

Sustainability Advisory Board meeting of 05/13/09

Public Health Board meeting of 04/20/09

3. Approve all claims. The list of approved claims will be posted to the agenda the day after the City Commission meeting.

4. Bid and purchase items:

a) Set a bid date of July 14, 2009 for contractor services to complete emergency repairs to sanitary sewers, force mains, and air relief valves. Staff Memo & Attachments

b) Set bid date of July 21, 2009 for the Union Pacific Depot Roof Project. Staff Memo

c) Authorize payment to the Clerk of the District Court in the amount of $20,000 for the acquisition of the Emergent Corporation property required for the construction of sanitary sewer Pump Station No. 25. Staff Memo & Attachments

d) Authorize the City Manager to execute a purchase agreement with the Woods on 19^th Homeowner’s Association in the amount of $11,900 for the acquisition of Tract D of the Woods on 19^th, a subdivision of the City of Lawrence, and adjacent railroad right-of-way for the Burroughs Creek Trail Project. Staff Memo & Attachments

5. Adopt the following ordinance(s) on second and final reading:

a) Ordinance No. 8421, amending Section 17-201 and enacting Section 17-203.1 of the City Code concerning the cost of and conditions for the involuntary towing of vehicles within the City of Lawrence.

b) Ordinance No. 8424, amending Article 3 of Chapter 18 of the City Code related to the removal of noxious weeds, grass, and other vegetation.

c) Ordinance No. 8422, authorizing the possession and consumption of alcoholic beverages in a 10 X 22 foot controlled area on 8^th Street immediately in front of The Sandbar, 17 E. 8^th Street, from 5:00 p.m. August 1, 2009 until 1:00 a.m., August 2, 2009.

d) Ordinance No. 8397, amending Section 4-103.1 of the City Code related to unlawfully hosting minors consuming alcoholic liquor or cereal malt beverage.

6. Approve Text Amendments TA-5-6-09 and TA-5-7-09, to various sections of Chapter 20 of the Development Code to address implementation issues regarding Plan Approvals/Extensions and Site Plan Notice provisions. Adopt on first reading, Ordinance No. 8419, incorporating by reference, Text Amendments (TA-5-6-09 & TA-5-7-09) to various sections of Chapter 20 of the Development Code to address implementation issues regarding Plan Approvals/Extensions and Site Plan Notice provisions. (PC Items 8C & 8D; approved 8-0 on 5/20/09) Staff Report PC Minutes Incorporation By Reference

7. Authorize renewal of coverage for Building/Property with Affiliated FM for the insurance period of 7/1/09 to 7/1/10 for an estimated premium of $113,020 plus an engineering fee of $4,000, and authorize binding coverage for Fire and Medical Auto/Portable Equipment/General, Management, and Professional Liability coverage with ESIP for the insurance period of 7/1/09 to 7/1/10 at an estimated premium of $58,947 plus the associated brokerage fee of $16,510, for a total of $192,577. Staff Memo

8. Authorize staff to submit the EDA Grant request for $500,000 to assist in the development of a waterline and sewer service at the Lawrence Municipal Airport. Staff Memo

9. Authorize staff to pursue grant funding for a ladder truck for the Fire Medical Department, a biodiesel electric hybrid aerial lift for the Parks & Recreation Forestry Division, and exhaust emission control retrofit devices for the Public Works Department through KDHE and the Kansas Clean Diesel Program. Staff Memo

10. Approve as a sign of community interest, a request from First Southern Baptist Church to place a sign in the right-of-way in front of the church at 4300 W. 6^th Street, promoting a church wide/neighborhood carnival on August 16, 2009, beginning on August 1, 2009 through the end of August 17, 2009. Request

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 an appeal of the Planning Commission’s approval of a Preliminary Plat for Fifth Street Bluff Subdivision, a 0.29 acre subdivision consisting of one lot, located at 427 Country Club Court and accept dedication of easements and rights-of-way for PP-04-01-08. Submitted by JMC Construction, Inc., property owner of record. (PC Item 1; approved 7-0-1 on 5/18/09) Staff Memo & Attachments Staff Report Preliminary Plat Map of Area Correspondence PC Minutes Miscellaneous Information

ACTION: Uphold, if appropriate, the Planning Commission’s approval of PP-04-01-08, and accept dedication of easements and rights-of-way for PP-04-01-08, a Preliminary Plat for Fifth Street Bluff Subdivision, a 0.29 acre subdivision consisting of one lot, located at 427 Country Club Court.

2. Conduct a public hearing on a request by Steve Mason for a waiver of the restriction of the sale and serving of alcoholic liquor within 400 feet of a school or church, pursuant to section 4-113(a) of the Code of the City of Lawrence, Kansas regarding the temporary sale of alcoholic beverages at the Americana Music Festival at South Park on Saturday, July 18, 2009 from Noon-10 pm; and consider the adoption, on first reading, of Ordinance No. 8410, authorizing the temporary sale, possession and consumption of alcoholic beverages at South Park related to the event. Staff Memo & Attachments

ACTION: Conduct public hearing, find that the proximity of the Americana Music Festival and temporary sale, possession and consumption of alcoholic beverages, is not adverse to the public welfare or safety; approve the distance restriction waiver request; and adopt, on first reading, Ordinance No. 8410, authorizing the temporary sale, possession and consumption of alcoholic beverages on specified city property, if appropriate.

E. PUBLIC COMMENT:

F. FUTURE AGENDA ITEMS: Staff Memo & Attachments

G. COMMISSION ITEMS:

H. CALENDAR: Meeting List

1. Planning a joint meeting with DGCO Commission for early summer. Request

· Special meeting of the Human Relations Commission, Thursday, June 18, 7:00 p.m. Location: Plymouth Congregational Church, 925 Vermont Street, Mayflower Room. Topic: Documentary entitled “Call Me Malcolm” will be shown and discussion of the documentary and gender identity issues will follow. Public is welcome to attend.

· Peak Oil Task Force Meeting, Thursday, June 25, 4:00 p.m. Location: City Manager’s Conference Room, Fourth Floor, City Hall.

· June 30 City Commission Meeting cancelled due to the fifth Tuesday.

· City offices closed Friday, July 3 in observance of Independence Day.

· City Commission Study Session, July 13, 3:00 – 5:00 p.m. Location: TBD. Topic: City Manager’s Recommended Budget.

· City Commission lunch with Lawrence Memorial Hospital Board of Directors, Tuesday, July 14, 12:00 p.m. Location: LMH

· Commissioner Johnson will be absent from the July 21 City Commission Meeting.

· 2009 Employee Appreciation picnic, Saturday, August 29, 5:00 – 8:00 p.m. Location: Broken Arrow Park.

· National League of Cities 2009 Congress of Cities Expo, November 10 -14, San Antonio, TX.

*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.

Jayhawk Area Agency on Aging:

One vacancy (Board of Directors) for an unexpired position (Johnson) which expires 09/30/09. Two vacancies, one for Advisory Council and one for Board of Directors, for positions that expired 09/30/08.

Traffic Safety Commission:

One vacancy for a position that expired 04/30/09.