A

CITY COMMISSION

MEETING AGENDA

August 18, 2009 - 6:35 p.m.

(Posted on webpage at 4:30 p.m. on 08/13/09)

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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. Approve City Commission meeting minutes from 07/28/09.

2. Receive minutes from various boards and commissions:

Community Commission on Homelessness meeting of 06/09/09

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) Set bid date of September 1, 2009 for Project No. PW0915 (City Bid No. B09052), Fairfield East Addition No. 1, Exchange Place and Fairfield Street, Street, Stormwater, and Waterline Improvements. Staff Memo & Attachments

b) Set bid date of September 1, 2009 for Project No. 09S003 (City Bid No. B09053), Fairfield East Addition No. 1, Exchange Place and Fairfield Street, Sanitary Sewer Improvements. Staff Memo & Attachments

c) Award bid for the Kaw Water Treatment Plant Building Envelope and Roof Repairs Year 3 to the low bidder, Diamond Everly Roofing, for $98,285. Bid Memo & Attachments

d) Authorize the City Manager to increase the Purchase Order with Airport Development Group, Inc. (ADG) in an amount of $22,445 for subcontractor costs associated with the airport property acquisition project; 95% of this expense will be reimbursed by the Federal Aviation Administration. Staff Memo & Attachments

6. Adopt the following ordinance(s) on first reading:

a) Ordinance No. 8436, amending Section 4-117 of the City Code to allow sales at retail of alcoholic liquor at the Farmers’ Market as authorized by Kansas law. Staff Memo & Attachments

b) Ordinance No. 8450, incorporating by reference the Standard Traffic Ordinance for Kansas Cities. Staff Memo & Attachments

c) Ordinance No. 8451, replacing Ordinance No. 8426, for the rezoning (Z-4-6-09) of 135 and 137 Pawnee Avenue from RS5 (Single-Dwelling Residential) to RSO (Single-Dwelling Residential-Office). This ordinance is being readopted with a new ordinance number because the conditions of approval were not included in the ordinance that was previously adopted on first and second reading and a subsequent ordinance approved on first reading on August 11 has been revised to more accurately reflect the PC recommended conditions of approval. (PC Item 5; approved 8-0-1)(Z-4-6-09 was approved by CC on 07/14/09). Staff Memo

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

a) 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)

b) Ordinance No. 8442, for the annexation of approximately 4 acres (A-5-1-09) for Pump Station 25, generally located north of 3800 Greenway Circle. (PC Item 8A; approved 7-0 on 7/24/09)

c) Ordinance No. 8444, for the rezoning (Z-5-9-09) of approximately 4 acres for Pump Station 25 from County I-4 (Heavy Industrial) to OS (Open Space). (PC Item 8C; approved 7-0 on 7/24/09)

d) Ordinance No. 8443, for the Rezoning (Z-5-8-09) of approximately 4 acres Pump Station 25, generally located north of 3800 Greenway Circle from OS (Open Space) to OS-FP (Open Space with Floodplain Overlay). (PC Item 8D; approved 7-0 on 7/24/09)

e) Ordinance No. 8445, for 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. (PC Item 8E; approved 7-0 on 7/24/09)

f) Ordinance No. 8440, adopting and appropriating by fund the 2010 City of Lawrence budget.

g) Ordinance No. 8441, noting the necessity of appropriating/budgeting property tax revenues for 2010 in excess of that which was appropriated/budgeted for 2009.

h) Ordinance No. 8416, establishing solid waste service rates for 2010.

i) Ordinance No. 8438, establishing water service and sewage disposal rates for 2010.

j) Charter Ordinance No.39, regarding the transient guest tax.

8. Accept dedication of easements and rights of way for PP-5-2-09, a 1 lot, 3.083 acre Preliminary Plat for Orscheln Addition located at 1541 E 23^rd St and 1223 E 23^rd St. Submitted by Peridian Group Inc, for Orscheln Farm & Home LLC, property owner of record. (PC Item 2A; approved 7-0 on 7/20/09) Staff Report Plat Map Area Map PC Minutes

9. Approve rezoning Z-5-10-09, to rezone approximately .981 acres located at 1223 E 23^rd Street from CS (Commercial Strip) & RS10 (Single-Dwelling Residential) to CS (Commercial Strip) for Orscheln Farm & Home. Submitted by Peridian Group Inc, for Orscheln Farm & Home LLC, property owner of record. Adopt on first reading, Ordinance No. 8446, for the Rezoning (Z-5-10-09) of 1223 E 23^rd Street, from CS (Commercial Strip) & RS10 (Single-Dwelling Residential) to CS (Commercial Strip). (PC Item 2B; approved 7-0 on 7/20/09) Staff Report Maps PC Minutes

10. Approve rezoning Z-5-7-09, to rezone approximately .735 acres located at 1547 East 23^rd Street from RS10 (Residential/Commercial) to CS (Commercial Strip). Submitted by Susan Hitz, for Melrose Properties, property owner of record. Adopt on first reading, Ordinance No. 8447, for the Rezoning (Z-5-7-09) of 1547 E 23^rd Street, from RS10 (Residential/Commercial) to CS (Commercial Strip). (PC Item 3; approved 7-0 on 7/20/09) Staff Report Map of Area PC Minutes

11. Approve Special Use Permit SUP-5-7-09, for the addition of a drive-thru window for an eating and drinking establishment in the CN-2 Zoning District Wakarusa Market Place, located at 1520 Wakarusa Dr Ste A-B. Submitted by Peridian Group Inc, for Block & Company Inc Realtors, property owner of record. Adopt on first reading, Ordinance No. 8448, for Special Use Permit (SUP-5-7-09) for the addition of a drive-thru window at 1520 Wakarusa Dr Ste A-B. (PC Item 4; approved 7-0 on 7/20/09) Staff Report Site Plan Map of Area PC Minutes

12. Authorize City staff to begin negotiations on a scope and fee with Hernly Associates, Inc., for the Phase I BNSF Depot report. Staff Memo & Attachments

13. Receive request from Health Care Access for a lease extension for the City owned building at 1920 Moodie Road; refer to staff for report and draft agreement. Request

14. Authorize staff to complete Tiger Grant application for the completion of 31^st Street from Haskell Avenue to County Road 1057. Staff Memo

15. Authorize the Mayor to sign a Release of Mortgage for Kevin Pike and Jennifer Walbridge, 3217 Creekwood. Staff Memo

16. Authorize the Mayor to sign an agreement with Grant Township pertaining to the provision of fire services. Staff Memo & Attachments

C. CITY MANAGER’S REPORT: CM 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. Consider approving a request for a 24 month extension of the approval for SP-12-93-06, a site plan for a new office building at 501 Rockledge Drive. Staff Memo Site Plan

ACTION: Approve a request for a 24 month extension of the approval for SP-12-93-06, if appropriate.

2. Consider approving a request for a 24 month extension of the approval for SP-06-54-06, a site plan for Glenwood Apartments located in the southeast corner of the intersection of Wakarusa and Eisenhower Drives. Staff Memo Site Plan

ACTION: Approve a request for a 24 month extension of the approval for SP-06-54-06, if appropriate.

3. Consider approving Comprehensive Plan Amendment, CPA-3-2-09, for revisions to Horizon 2020 Chapter 4 – 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. Approve on first reading, joint City Ordinance No. 8415/County Resolution 09-21, for Comprehensive Plan Amendment (CPA-3-2-09) for revisions to Horizon 2020 Chapter 4 – 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. (PC Item 4; approved 6-2 on 5/18/09, BoCC approved 3-0 on 6/24/09). Staff Report PC Resolution No. 5-3-09 PC Minutes County Commission Minutes Correspondence Applicant Request for Text Amendment

ACTION: Approve Comprehensive Plan Amendment (CPA-3-2-09) for revisions to Horizon 2020 Chapter 4 and Chapter 6, and adopt Ordinance No. 8415 on first reading, if appropriate.

E. PUBLIC COMMENT:

F. FUTURE AGENDA ITEMS: Staff Memo & Attachments

G. COMMISSION ITEMS:

H. CALENDAR: Meeting List

· Sales Tax Audit Committee meeting, Thursday, August 27, 4:00 p.m. Location: City Manager’s Conference Room, 4^th 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, September 9, 5:30 – 7:30. Location: Meadowbrook Apartment Grounds, Bob Billings Parkway and Crestline Drive.

· 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.

*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.

Bicycle Advisory Committee:

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.

Contractor Licensing Board:

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).

Hospital Board:

Two (2) positions, held by Joe Flannery and Chuck Heath, expire 09/30/09. Both are eligible for reappointment to additional terms.

Human Relations Commission:

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.

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.

Lawrence Alliance:

Six (6) positions, held by Derritt, Cooper, Luckey, Safadi, Ney, and Haq, expire 09/30/09. All are eligible for reappointment to additional terms.

Lawrence Cultural Arts Commission:

One (1) vacancy for the unexpired position that was held by John Reeves and expires 01/31/12.

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.

Sister Cities Advisory Board:

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.

Traffic Safety Commission:

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