A

CITY COMMISSION

MEETING AGENDA

August 25, 2009 - 6:35 p.m.

(Posted on webpage at 4:45 p.m. on 08/20/09)

(10MB files take approximately 45 seconds to open)

Updates:

08/24/09 @ 4:30 p.m.

Added to Regular Agenda Item No. 1 – Authorize the Mayor to execute an Extension and Modification Agreement between the City of Lawrence and Bowersock Mills and Power Company.
Added additional correspondence to Regular Agenda Item No. 2 – Fifth Street Bluffs Subdivision.

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:

Public Health Board meeting of 06/15/09

Community Commission on Homelessness meeting of 07/14/09

Sustainability Advisory Board meeting of 07/08/09

Traffic Safety Commission meeting of 07/06/09

Lawrence Cultural Arts Commission meeting of 06/10/09

Hospital Board meetings of 06/17/09 and 07/14/09

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) Waive bidding requirements and approve the sole source purchase of five (5) Motorola MW 810 Mobile Data Computers for the Police Department from Topeka FM for $26,469. Staff Memo

b) Award bid for one (1) sign truck with options for the Public Works Department to Laird Noller Automotive for $52,989. Bid Memo

c) Award bid for the Union Pacific train depot roof replacement for the Parks and Recreation Department to Davidson Roofing, Inc. for $29,849. Bid Memo

d) Approve sale of surplus vehicles on Gov Deals. Staff Memo

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

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

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).

d) Ordinance No. 8446, for the rezoning (Z-5-10-09) of 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. (PC Item 2B; approved 7-0 on 7/20/09)

e) Ordinance No. 8447, for the rezoning (Z-5-7-09) of approximately .735 acres located at 1547 E 23^rd Street, from RS10 (Residential/Commercial) to CS (Commercial Strip). (PC Item 3; approved 7-0 on 7/20/09)

f) Ordinance No. 8448, for 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. (PC Item 4; approved 7-0 on 7/20/09)

g) 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).

6. Approve request from the Lawrence Cultural Arts Commission to reallocate approximately $12,000 of budgeted 2009 funds designated for the Outdoor Sculpture Exhibit to an effort to improve community awareness of arts activities in the community. Staff Memo

7. Authorize the City Manager to execute an Extension of Lease Agreement for Health Care Access to extend the current lease agreement until October 31, 2014. Staff Memo & Attachments

8. Authorize City Manager to sign Memorandum of Agreement with the Federal Aviation Administration concerning navigation aid facilities supporting the Municipal Airport. Staff Memo & Attachments

9. Receive report from Sister Cities Advisory Board outlining activities to date regarding exploration of third sister city relationship. 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 authorizing the City Manager to enter into an agreement with L. G. Barcus & Sons, Inc., for $2,279,130.36 for repairs to Bowersock Dam. Consider authorizing contingency expenditures for $170,000 and consider authorizing a total project maximum expenditure not to exceed $2,450,000. Consider authorizing the Mayor to execute the Extension and Modification Agreement between the City of Lawrence and Bowersock Mills and Power Company. Bid Staff Memo & Attachments Agreement Staff Memo & Attachments - Added 08/24/09

ACTION: Authorize the City Manager to enter into an agreement with L.G. Barcus & Sons, Inc., for $2,279,130.36 for repairs to Bowersock Dam, authorize contingency expenditures for $170,000 and set a total project maximum expenditure not to exceed $2,450,000; authorize the Mayor to execute the Extension and Modification Agreement between the City of Lawrence and Bowersock Mills and Power Company, if appropriate.

2. Consider an appeal of the Planning Commission’s approval of a Preliminary Plat for Fifth Street Bluff Subdivision, including variances related to dedication of rights-of-way and frontage, a 0.29 acre subdivision consisting of one lot, located at 427 Country Club Court and accept dedication of easements 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 Staff Report Staff Response to Appeal Letter Preliminary Plat Map of Area PC Minutes of 05/18/09 PC Minutes of 07/22/09 CC Minutes of 06/23/09 Correspondence - Updated 08/24/09 Misc. Attachments Traffic Safety Commission Materials/Minutes

ACTION: Uphold, if appropriate, the Planning Commission’s approval of PP-04-01-08 and the associated variances, and accept dedication of easements 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.

3. Review staff report concerning City policies for the selection of professional service contracts for the City. Staff Memo and Attachments Qualifications Based Selection Information Submitted by the American Council of Engineering Companies of Kansas and the American Institute of Architects Kansas

ACTION: Direct staff as appropriate.

E. PUBLIC COMMENT:

F. FUTURE AGENDA ITEMS: Staff Memo & Attachments

G. COMMISSION ITEMS:

H. CALENDAR: Meeting List

1. Consider establishing Tuesday, September 22, 4:00 – 6:00 p.m. as date for City/County/School board joint meeting.

· Lawrence Municipal Airport Water Main Expansion Project Open House – Monday, August 24, 6:00 – 7:00 p.m. Location: Terminal Bldg at the Lawrence Municipal Airport, 1930 Airport Road.

· Sales Tax Audit Committee meeting, Thursday, August 27, 4:00 p.m. Location: City Manager’s Conference Room, 4^th Floor, City Hall.

· Peak Oil Task Force meeting, Thursday, August 27, 4:00 p.m. Location: Public Works Conference Room, Ground 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.

· Kasold Drive Reconstruction Project – 31^st Street to Clinton Parkway – Street, Storm Sewer, and Waterline Improvements – Monday, August 31, 6:00 – 7:30 p.m. Location: Wayne Bly Meeting Room, Holcom Park Recreation Center, 2700 W. 27^th Street.

· 2009 Taste of Lawrence Fall Mixer, September 9, 5:30 – 7:30. Location: Meadowbrook Apartment Grounds, Bob Billings Parkway and Crestline Drive.

· Welcoming reception for Eutin 20^th Anniversary Delegation, Thursday, October 1. Location/Time – TBD.

· Peak Oil Task Force, Thursday, October 1, 4:00 p.m. Location: City Manager’s Conference Room.

· Eutin luncheon, Friday, October 2. Location/Time – TBD.

· 20^th Anniversary Eutin/Lawrence Sister City Buffet. Location/Time – TBD.

· 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.

Current Vacancies:

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 Cultural Arts Commission:

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

Traffic Safety Commission:

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

Upcoming Vacancies/Reappointments:

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.

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.

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.