CITY
COMMISSION
MEETING AGENDA
August 11, 2009 – 5:00 p.m.
(Posted on webpage at 5:00 p.m. on 08/06/09)
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Updates:
08/11/09 @ 2:15 p.m.
08/11/09 @ 11:15 a.m.
A. EXECUTIVE SESSION :
1. Consider motion to recess into Executive Session for the purpose of discussing possible property acqusition. The justification for the executive session is to keep possible terms and conditions for property acqusition confidential at this time. The regular meeting will reconvene at approximately 6 :30 p.m.
ACTION : Approve motion to recess into Executive Session, if appropriate.
B. RECOGNITION/PROCLAMATION/PRESENTATION:
1. None.
C. 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 07/21/09.
2. Receive minutes from various boards and commissions:
Board of Zoning Appeals meeting of 06/04/09
Historic Resources Commission action summary of 05/21/09 and 06/18/09
Mechanical Code Board of Appeals meeting of 06/05/09
3. Approve all claims. The list of approved claims will be posted to the agenda the day after the City Commission meeting.
4. Approve licenses as recommended by the Department of Administrative Services.
5. Bid and purchase items:
a) Waive bidding requirements and authorize the repair of Unit 615, a reserve Quint for the Fire/Medical Department, by Central Power Systems of Kansas City for a total cost up to $18,210.16. Staff Memo
b) Authorize the City Manager to execute an agreement with Sunflower Broadband for fiber connectivity between City Hall and the Clinton Plant for $1,500 per month along with a $2,000 installation fee. Staff Memo
c) Set bid date of August 25, 2009 for Project No. PW0901 (City Bid No. B09049), 23rd Street, Ousdahl Road to Barker Avenue, milling, overlay, pavement marking and geometric improvements (KLINK). Staff Memo & Attachments
6. Adopt on first reading the following ordinance(s):
a) Ordinance No. 8426, for the rezoning (Z-4-6-09) of 135 & 137 Pawnee Avenue from RS5 (Single-Dwelling Residential) to RSO (Single-Dwelling Residential-Office). This ordinance is being readopted because the conditions of approval were not included in the ordinance that was previously adopted on first & second reading. (PC Item 5; approved 8-0-1) (Z-4-6-09 was approved by CC on 7/14/09)
b) Ordinance No. 8449, amending SUP-01-02-07 to increase the overnight participant occupancy at the Lawrence Community Shelter, 944 Kentucky Street. (CC Item 4; approved 3-2 on 8/4/09) Staff Memo
7. Adopt on second and final reading, Ordinance No. 8437, adding to the City’s existing rights under various agreements, leases, and liens used to regulate the Lawrence Community Housing Trust and enabling the county to consider resale restrictions for purposes of determining the fair market value of land trust properties.
8. Adopt Resolution No. 6860, amending Resolution No. 6844, concerning the debt service reserve requirement for water and sewer bonds. Staff Memo & Attachments
9. Approve the following items related to Pump Station 25, approximately 4 acres, located in the NW Ľ of S3-T13S-R20E, generally located north of 3800 Greenway Circle. Submitted by BG Consultants, Inc, for the City of Lawrence, property owner of record: PC Minutes Area Map
a) Approve annexation A-5-1-09, for approximately 4 acres for Pump Station 25, generally located north of 3800 Greenway Circle. Adopt on first reading, Ordinance No. 8442, for the annexation of approximately 4 acres for Pump Station 25. (PC Item 8A; approved 7-0 on 7/24/09) Staff Report
b) Accept dedication of easements and rights of way for PP-5-1-09, a Preliminary Plat for a one-tract subdivision for Pump Station 25, generally located north of 3800 Greenway Circle. (PC Item 8B; approved 7-0 on 7/24/09) Staff Report Plat Map Staff Memo
c) Approve rezoning Z-5-9-09, to rezone approximately 4 acres for Pump Station 25, generally located north of 3800 Greenway Circle, from County I-4 (Heavy Industrial) to OS (Open Space). Adopt on first reading, Ordinance No. 8444, for the Rezoning (Z-5-9-09) of Pump Station 25 from County I-4 (Heavy Industrial) to OS (Open Space). (PC Item 8C; approved 7-0 on 7/24/09) Staff Report
d) Approve rezoning Z-5-8-09, to rezone approximately 4 acres for Pump Station 25, generally located north of 3800 Greenway Circle, from OS (Open Space) to OS-FP (Open Space with Floodplain Overlay). Adopt on first reading, Ordinance No. 8443, for the Rezoning (Z-5-8-09) of Pump Station 25 from OS (Open Space) to OS-FP (Open Space with Floodplain Overlay). (PC Item 8D; approved 7-0 on 7/24/09) Staff Report
e) Approve Special Use Permit SUP-5-6-09, for Pump Station 25, a minor utility serving more than one development, generally located north of 3800 Greenway Circle. Adopt on first reading, Ordinance No. 8445, for Special Use Permit (SUP-5-6-09) for Pump Station 25. (PC Item 8E; approved 7-0 on 7/24/09) Staff Report Site Plan
10. Authorize payment to the Clerk of the District Court in the amount of $17,500 for the acquisition of required property interests for the construction of the Burroughs Creek linear park trail. Staff Memo & Attachments
11. Authorize the Mayor to sign the grant application for the Kansas Housing Resource Corporation Homelessness Prevention and Rapid Re-housing Program (KHRC-HPRP) as well as subsequent grant agreements and other such documents that may be required by KHRC for administration of the grant. Staff Memo
12. Authorize the Mayor to sign Releases of Mortgage for Michelle Bird, 1220 Pennsylvania and Ardys Ramberg, 812 New York. Staff Memo
13. Authorize the Mayor to execute a letter of support for the Bowersock Mills and Power Company’s application to the U.S. Department of Energy for a Recovery Act Hydroelectric Facility Modernization grant. Information
D. 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.
E. REGULAR AGENDA ITEMS:
1. Conduct the public hearing on the proposed 2010 Budget and consider the following items related to adoption of the City’s 2010 budget: Staff Memo & Attachments Comparison of Water and Wastewater Rates - Added 08/11/09
ACTION: Adopt on first reading, Ordinance No. 8440, adopting and appropriating by fund the 2010 City of Lawrence budget.
Adopt on first reading, Ordinance No. 8441, noting the necessity of appropriating/budgeting property tax revenues for 2010 in excess of that which was appropriated/budgeted for 2009.
Adopt on first reading, Ordinance No. 8416, establishing solid waste service rates for 2010.
Adopt on first reading, Ordinance No. 8438, establishing water service and sewage disposal rates for 2010.
Approve the wholesale water rate for 2010. Letter
Adopt on first reading, Ordinance No. 8439, establishing system development charges for water utility and wastewater utility connections for 2010.
Adopt on first reading, Charter Ordinance No.39, regarding the transient guest tax.
2. Consider authorizing the City Manager to execute a Video Service Provider Agreement between the City of Lawrence and Community Wireless Communications, Co. and authorize the City Manager to send a written request to Community Wireless Communications, Co., to pay a video service provider fee equal to five percent (5%) of the gross revenues received for the services provided within the corporate limits of the City. Staff Memo & Attachments Email Correspondence Additional Email Correspondence - Added 08/11/09 Executed Video Services Provider Agreement - Added 08/11/09
Attachments from 08/04/09 CC Mtg:
Staff Memo & Attachments Lawrence Freenet Agreement Memo & Attachments CWC/Sunflower Broadband/Freenet Correspondence Existing City Franchise Agreements in City Code City Manager/Journal World Email Correspondence
ACTION: Authorize the City Manager to execute a Video Service Provider Agreement between the City of Lawrence and Community Wireless Communications, Co. and authorize the City Manager to send a written request to Community Wireless Communications, Co., to pay a video service provider fee equal to five percent (5%) of the gross revenues received for the services provided within the corporate limits of the City, if appropriate.
3. Receive update on the University of Kansas/City Transit Coordination Planning Team activities. Staff Memo
ACTION: Direct staff as appropriate.
4. Consider authorizing the City Manager to negotiate and execute an agreement with University of Kansas Parking and Transit to provide game day shuttle service for the 2009 University of Kansas Football season. Staff Memo
ACTION: Authorize the City Manager to negotiate and execute an agreement with University of Kansas Parking and Transit to provide game day shuttle service for the 2009 University of Kansas Football season, if appropriate.
F. PUBLIC COMMENT:
G. FUTURE AGENDA ITEMS: Staff Memo & Attachments
H. COMMISSION ITEMS:
I. CALENDAR: Meeting List
· Bowersock Pre-Filing Public Meeting for the possible expansion/construction of an additional powerhouse at the north end of the dam, Thursday, August 13, 5:30 p.m. Location: Depot, 402 N. 2nd Street.
· Sales Tax Audit Committee meeting, Thursday, August 27, 4:00 p.m. Location: City Manager’s Conference Room, 4th Floor, City Hall.
· 2009 Employee Appreciation picnic, Saturday, August 29, 5:00 – 8:00 p.m. Location: Broken Arrow Park.
· Welcome reception for Dr. Bernadette Gray-Little, Chancellor of the University of Kansas, Monday, August 31, 5:00 – 6:30 p.m. Location: Crystal Ballroom at the Eldridge Hotel.
· 2009 Taste of Lawrence Fall Mixer.
· Peak Oil Task Force, Thursday, October 1, 4:00 p.m. Location: City Manager’s Conference Room.
· Peak Oil Task Force, Thursday, October 29, 4:00 p.m. Location: City Manager’s Conference Room.
· Peak Oil Task Force, Thursday, December 3, 4:00 p.m. Location: City Manager’s Conference Room.
· 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
J. 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.