CITY
COMMISSION
MEETING AGENDA
July 28, 2009 - 6:35 p.m.
(Posted on webpage at 4:45 p.m. on 07/23/09)
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Updates:
07/28/09 @ 12:30 p.m.
- Added staff memo and revised LPOA MOU to Regular Agenda Item No. 2.
- Added staff memo regarding Parks & Recreation Department operations to Regular Agenda Item No. 3.
- Added updated staff memo and maps to Regular Agenda Item No. 4.
- Revised the Future Agenda Items Memo to reflect an executive session on property acquisition added for the August 11 City Commission Meeting.
07/27/09 @ 3:45 p.m.
- Moved Consent Agenda Item No. 4-c – Set bid date of 09/01/09 for the Burroughs Creek Trail Project to the Regular Agenda as Item No. 4.
- Regular Agenda Item No. 3 –
- Added revised staff memo
- Added 1994 Countywide Sales Tax Information
- Added correspondence from Parks & Recreation Advisory Board
07/24/09 @ 1:40 p.m.
- Consent Agenda Item No. 6 a) – Corrected the description to read “...establish no parking on 9th Street along the north side from Tennessee Street to Ohio Street…”
- Consent Agenda Item No. 12 – Corrected the description to read “Authorize the Mayor to sign…”
- Regular Agenda Item No. 2 – Modified to reflect revised MOU’s negotiated 07/24/09. The Commission will consider a revised LPOA agreement after LPOA membership consideration. The Commission will consider a revised IAFF agreement after membership consideration. Revised agreements will be posted as completed. Press Release
A. RECOGNITION/PROCLAMATION/PRESENTATION:
1. Proclaim the week of August 1 – 7 as Breastfeeding Awareness Week.
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 07/07/09.
2. Receive minutes from various boards and commissions:
Public Health Board meeting of 05/18/09
Planning Commission meeting of 06/22-24/09
3. Approve all claims. The list of approved claims will be posted to the agenda the day after the City Commission meeting.
a) Set bid opening date of August 18, 2009 for Kaw Water Treatment Plant Safety Improvements. Bid Memo
b) Set a re-bid opening date of August 18, 2009 for the Union Pacific Depot Roof Project. Bid Memo
c) Set bid opening date of
September 1, 2009 for the Burroughs Creek Trail Project. Staff Memo &
Attachments
d) Award bid for unit pricing for sanitary sewer repairs for the Utilities Department to Vito’s Plumbing. Bid Memo & Attachments
e) Approve a purchase order to Software House International for $42,701 to continue the City’s Select Agreement for Microsoft software maintenance from July 1 2009 – June 30, 2010. Staff Memo
5. Adopt on first reading, Ordinance No. 8431, allowing worksite utility vehicles to be driven on City streets, subject to insurance and other requirements and providing penalties for their illegal operation. Staff Memo & Attachments
6. Adopt the following ordinance(s) on second and final reading:
a) Ordinance No.
8434, establishing no parking on 9th Street along the north side from
Tennessee Street to Indiana Ohio Street and along the south side from Ohio Street to
Indiana Street (approved by the City Commission on 07/07/09).
b) Ordinance No. 8429, for Text Amendment (TA-5-5-09), revising Section 20-1003 of Chapter 20 of the Development Code pertaining to interior parking lot landscaping standards. (PC Item 11; approved 9-0 on 6/24/09)
c) Ordinance No. 8432, establishing the maximum special assessments for improvements in the Delaware Street Commons special assessment benefit district.
d) Ordinance No. 8435, annexing 448 acres of the Former Farmland Industries property and adjacent right-of-way.
e) Ordinance No. 8428, for Text Amendment (TA-4-3-09) to various sections of the Development Code to establish the keeping of chickens and ducks within the City consistent with the provisions of Chapter III of the City Code. (PC Item 10; approved 7-2 on 6/24/09) Incorporation By Reference
7. Adopt Resolution No. 6846, adopting an identity theft prevention program for the Lawrence/Douglas County Fire/Medical Department and Ambulance Service billing operations. Staff Memo & Attachments
8. Approve the following items related to sidewalk dining at Angler’s Seafood, 1004-1006 Massachusetts Street:
a) Approve Site Plan SP-6-37-08 for sidewalk dining area for Angler’s Seafood House, located at 1004-1006 Massachusetts Street. Submitted by Jeff Lewis for Berkeley Company LC, the property owner of record. Staff Report Site Plan
b) Approve sidewalk dining and hospitality license and right-of-way agreement for Angler’s Seafood House, 1004-1006 Massachusetts Street. Staff Memo & Attachments Right-of-Way Agreement
c) Adopt on first reading, Ordinance No. 8412, allowing possession and consumption of alcoholic beverages on certain City property, pursuant to Angler’s Seafood House Sidewalk Dining and Hospitality License.
9. Approve temporary use of right-of-way permit to Downtown Lawrence, Inc. for the use of various sidewalks, parking spaces, and a portion of 8th Street downtown for the Busker Festival, August 21-23, 2009. Staff Memo & Attachments
10. Defer consideration until August 18, 2009 of Comprehensive Plan Amendment, CPA-3-2-09, for revisions to Horizon 2020 Chapter Four – Growth Management and Chapter 6 – Commercial Land Use to expand the possible locations of conference, recreation, or tourism facility uses in the rural area of Douglas County. Initiated by the Planning Commission on April 20, 2009. Requested by Rockwall Farms, LC. (PC Item 4; approved 6-2 on 5/18/09, BoCC approved 3-0 on 6/24/09) This item received notice of consideration on July 28, however, consideration will be deferred to August 18. Staff Report PC Resolution No. 5-3-09 Joint City Ordinance No.8415/County Resolution No. ____ PC Minutes County Commission Minutes Correspondence Applicant Request for Text Amendment
11. Authorize the City Manager to execute an Agreement for Capital and Operating Assistance Funds of the State of Kansas and the City of Lawrence for the Public Transit System. Staff Memo
12. Authorize
the City Manager Mayor to execute a Memorandum of Understanding between the City of
Lawrence, the Lawrence/Douglas County Metropolitan Planning Organization, the
Mid-America Regional Council, and the St. Joseph Area Transportation Study
Organization for continued participation in an internet based service called
Rideshare that promotes alternative modes of transportation for commuters. 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. Receive presentation on the draft Management Plan for Freedom’s Frontier National Heritage Area. Freedom's Frontier Management Plan (Internet Access Required)
ACTION: Receive presentation.
2. Modified to reflect revised MOU’s negotiated 07/24/09. The Commission will consider a revised LPOA agreement after LPOA membership consideration. The Commission will consider a revised IAFF agreement after membership consideration. Revised agreements will be posted as completed. Press Release - Added 07/24/09 Staff Memo on MOU Changes - Added 07/28/09 Revised Draft LPOA MOU - Added 07/28/09
Consider Memorandum of Understanding proposals from the Lawrence Police Officers Association (LPOA) and the Local 1596 International Association of Firefighters (Local 1596 IAFF) and City of Lawrence negotiation teams.
Order of presentations:
IAFF presentation (20 minutes)
Commissioner questions IAFF Proposed Changes to MOU
LPOA presentation (20 minutes) LPOA Outline of Changes
Commissioner questions LPOA Proposed Changes to MOU
City Staff presentation (20 minutes) Process Memo & Attachment
Commissioner questions City Proposal Memo & Attachments
Public Comment (30 minutes)
ACTION: City Commission should select one party’s proposal for each set of discussions, and authorize the Mayor and City Clerk to execute the finalized documents, if appropriate.
3. Consider authorizing publication of the 2010 Budget Summary and establishing August 11, 2009 as the public hearing date. Staff Memo & Attachments - Updated 07/27/09 1994 Countywide Sales Tax Information - Added 07/27/09 Correspondence - Added 07/27/09 Staff Memo on Parks & Rec Operations - Added 07/28/09
ACTION: Authorize publication of the 2010 Budget Summary and establish August 11, 2009 as the public hearing date, if appropriate.
4. Consider setting a bid opening date of September 1, 2009 for the Burroughs Creek Trail Project. Staff Memo & Attachments - Revised 07/28/09
ACTION: Set bid opening date of September 1, 2009 for the Burroughs Creek Trail Project authorize the City Manager to execute a purchase agreement with Southwestern Bell Telephone Company for $42,710, if appropriate.
E. PUBLIC COMMENT:
F. FUTURE AGENDA ITEMS: Staff Memo and Attachments - Updated 07/28/09
G. COMMISSION ITEMS:
H. CALENDAR: Meeting List
1. Planning a joint meeting with DGCO Commission for early summer. Request
· Hiratsuka Sister Cities Student Delegation - Farewell Party - July 28, 6:30 - 8:30 p.m. Location: South Jr. High.
· Public Hearing on 2010 Budget, August 11, 6:35 p.m. City Commission Room.
· 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.
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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) position, held by Mark Desetti, will expire 12/31/09. Mr. Desetti is serving his second consecutive term and is not eligible for reappointment.
Two (2) positions, held by Gary Calton and Michael Hajdu, expire 12/31/09. Both are eligible for reappointment to additional terms.
Board of Zoning Appeals/Sign Code Board of Appeals:
One (1) position, held by Mike Bowman, will expire 09/30/09. Mr. Bowman is eligible for reappointment to an additional term.
Building Code Board of Appeals:
One (1) position, held by Mike Porter, will expire 11/30/09. Mr. Porter is serving his second consecutive term and is not eligible for reappointment.
Community Commission on Homelessness:
Three (3) positions, held by Dinsdale, Henderson, and Martin-Smith, expire 12/31/09. All have served their second consecutive term and are not eligible for reappointment.
One (1) position, held by Wes Dahlberg, expires 12/31/09. Mr. Dahlberg is eligible for reappointment to an additional term.
Community Development Advisory Committee:
Four (4) positions, held by Harris, Welty, Nunez, and Norwood, expire 09/30/09. All are eligible for reappointment to additional terms.
Three (3) positions, held by Chaney, Dillon, and Frost, expire 12/31/09. All are eligible for reappointment to additional terms. (These positions are required to be held by representatives from the Mechanical Code Board of Appeals, the Board of Plumbers and Pipe Fitters, and the Board of Electrical Appeals).
Two (2) positions, held by Joe Flannery and Chuck Heath, expire 09/30/09. Both are eligible for reappointment to additional terms.
Two (2) positions, held by Barbara Hillmer and Teresa Wilke, expire 09/30/09. Both have served their consecutive second term and are not eligible for reappointment.
Three (3) positions, held by Augelli, Dunn, and Johnson, expire 09/30/09. All are eligible for reappointment to additional terms.
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.
Six (6) positions, held by Derritt, Cooper, Luckey, Safadi, Ney, and Haq, expire 09/30/09. All are eligible for reappointment to additional terms.
Public Transit Advisory Committee:
One (1) position, held by Mark Epard, will expire 12/31/09. Mr. Epard has served his second consecutive term and is not eligible for reappointment.
Two (2) positions, held by David Dunfield and Mark Hurt, expire 12/31/09. Both are eligible for reappointment to additional terms.
Four (4) positions, held by Hyler, Schumm, Boley, and Moody, expire 12/31/09. All are eligible for reappointment to additional terms.
Sustainability Advisory Board:
Three (3) positions, held by Heckler, Cobb, and Routh, expire 12/31/09. All have served their second consecutive term and are not eligible for reappointment.
Two (2) positions, held by Brian Sifton and Sarah Hill-Nelson, expire 12/31/09. Both are eligible for reappointment to additional terms.
One vacancy for a position that expired 04/30/09.