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CITY COMMISSION

MEETING AGENDA

July 6, 2010 – 5:30 p.m.

(Posted on webpage at 4:30 p.m. on 07/01/10)

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Updates:

07/06/10 @ 3:00 p.m.

Added a revised request and revised resolution to Regular Agenda Item No. 3(b) -Qualified Energy Conservation Bonds and/or Recovery Zone Facility Bonds for Bowersock Mills and Power Company’s Proposed Hydroelectric Power Plant.

A. EXECUTIVE SESSION:

1. Consider motion to recess into executive session for 60 minutes for the purpose of discussion of personnel matters of nonelected personnel and for the purpose of consultation with attorneys for the body which would be deemed privileged in the attorney-client relationship. The justification for the executive session is to keep personnel matters and attorney-client matters confidential.

ACTION: Approve motion to recess into an executive session for 60 minutes, if appropriate.

After a short break, the City Commission meeting will resume

at approximately 6:35 p.m.

B. RECOGNITION/PROCLAMATION/PRESENTATION:

1. Proclaim the week of July 12 – 18 to be National Therapeutic Recreation Week.

2. Proclaim the month of July as Parks and Recreation Month.

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. Receive minutes from various boards and commissions:

Public Health Board meeting of 04/19/10

Planning Commission meeting of 05/24-26/10

Hospital Board meeting of 05/19/10

Parks & Recreation Advisory Board meeting of 06/08/10

Aviation Advisory Board meeting of 05/19/10

Mental Health Board meeting of 05/25/10

Board of Plumbers and Pipe Fitters meeting of 05/19/10

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 City Clerk’s Office.

4. Bid and purchase items:

a) Set a Bid Opening Date of July 27, 2010, for Bid No. B1043 for 12” Class 50 Ductile Iron Pipe, Fire Hydrants, Valves, Pipe Fittings and Meter Parts Staff Memo

b) Set bid date of July 20, 2010 for City Bid No. B1042, Project No. PW0929, 2009 Sidewalk Gap Program. Staff Memo & Attachments

c) Set bid date of July 20, 2010 for weatherization and repairs including replacement of siding, windows, and HVAC and installation of attic insulation at 1520 Haskell Ave., Boys and Girls Club.

d) Approve payment of $22,724.85 to RD Johnson for emergency forcemain repairs at Pump Station 32. Staff Memo

e) Approve the purchase of asphalt paving material to repair the roads in Oak Hill Cemetery for $30,000. Staff Memo & Attachments

f) Approve Change Order No. 3 for Fairfield East Addition No. 1, Exchange Place and Fairfield Street for street, storm sewer, and waterline improvements in the amount of $4,000. This is one hundred percent (100%) special assessment benefit district cost. Staff Memo & Attachments

g) Approve the sole source purchase of “Tech Crete” concrete patching materials and rental of application equipment in the amount of $61,470. Bid Memo

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

a) Ordinance No. 8537, removing stop signs on 11^th Street at Indiana Street and establishing stop signs on Indiana Street at 11^th Street; establishing a multi-way stop at the intersection of 11^th Street and Louisiana Street, and establishing a multi-way stop at the intersection of 11^th Street (East Leg) and Mississippi Street subject to reconstruction of the private driveway on the west leg of the intersection.

b) Ordinance No. 8538, establishing no parking along the north side of 13^th Street between Oread Avenue and Louisiana Street.

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

a) Ordinance No. 8536, establishing yield signs on Pleasant Street at 4^th Street.

b) Ordinance No. 8533 and Ordinance No. 8535, to various sections of the City of Lawrence Land Development Code regarding Adaptive Reuse of Designated Historic Property and Written Interpretations and Appeals of Administrative Decisions. (PC Item 11; approved 9-0 on 5/26/10)

c) Ordinance No. 8528, allowing the possession and consumption of alcoholic liquor on the 600 block of Massachusetts from noon to midnight on Saturday, October 9, 2010 for the Bert Nash Dash and Bash.

7. Approve Text Amendment, TA-4-6-10, to the City of Lawrence Land Development Code, Chapter 20, Article 12 to reference 2010 effective dates for new Floodplain Overlay District Maps and related regulation changes. Adopt on first reading, Ordinance No. 8541, for Text Amendment (TA-4-6-10) to the City of Lawrence Land Development Code, Chapter 20, Article 12 to reference 2010 effective dates for new Floodplain Overlay District Maps and related regulation changes. (PC Item 9; approved 10-0 on 6/23/10) Staff Report PC Minutes

8. Accept dedication of easements and rights of way for Final Plat, PF-4-3-10, for Bauer Farm, a one lot residential subdivision containing approximately 4.9 acres, located at 4700 W 6^th St. Submitted by Landplan Engineering, for Free State Group, LLC, Free State Holdings, Inc, and Bauer Farms Residential, LLC, property owner of record. (PC Item 2A; approved 8-0 on 6/21/10) Staff Report Final Plat PC Minutes Sewer Correspondence

9. Authorize the City Manager to execute a Scope for Services with George K. Baum & Company for financial advisory services related to the refinancing of the City’s water State Revolving Loans at a cost not to exceed $35,000. Staff Memo & Attachments

10 Authorize the City Manager to execute a lease agreement with Willow Domestic Violence Center (WDVC) for office space in the City owned building located at 1920 Moodie Road. (City Commission concurred with the recommendation to lease the building to WDVC on 06/01/10).

11. Authorize City Manager to execute contracts for the acquisition of 547 Maple Street and 500 Blk. #5 (the vacant parcel immediately north of 547 Maple) for a total amount of $115,000 for future construction of the Maple Street Pump Station. Staff Memo

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. Receive presentation and public comment regarding placing the Lawrence Public Library expansion project referendum on a future ballot. Consider adopting on first reading, Charter Ordinance No. 40, authorizing the November 2, 2010 ballot question to the voters of Lawrence concerning authority to issue up to $18,000,000 in general obligation bonds for the renovation and expansion of the library and related parking facilities and Ordinance No. 8544, calling a special election on November 2, 2010 for the purpose of voting on Charter Ordinance No. 40 and adopt Resolution No. 6893, authorizing the publication of a notice of special election on November 2, 2010 for the purpose of voting on Charter Ordinance No. 40. Adoption of a charter ordinance requires a supermajority, or at least 4 affirmative votes.

Lawrence Public Library Concept Report Correspondence

ACTION: Receive public comment; adopt on first reading, Charter Ordinance No. 40, authorizing the November 2, 2010 ballot question to the voters of Lawrence concerning authority to issue up to $18,000,000 in general obligation bonds for the renovation and expansion of the library and related parking facilities; and adopt Resolution No. 6893, authorizing the publication of a notice of special election on November 2, 2010 for the purpose of voting on Charter Ordinance No. 40 and adopt Ordinance No. 8544, calling a special election on November 2, 2010 for the purpose of voting on Charter Ordinance No. 40, if appropriate.

2. Consider authorizing staff to approve a temporary use of right-of-way permit for the closure of portions of Oread Avenue, 12^th Street and Indiana Street on various dates in the fall of 2010 for the Oread Hotel street parties. Staff Memo & Attachments Correspondence

ACTIONS: Approve a temporary use of right-of-way permit for the closure of portions of Oread Avenue, 12^th Street, and Indiana Street, on various dates in the fall of 2010, for Oread Hotel street parties, if appropriate.

3. Consider the following items related to Bowersock Mills and Power Company:

a) Consider approving Special Use Permit, SUP-3-4-10, for the construction of the North Bowersock Mills & Powerhouse, Utility and Service, Major, located at 1000 Powerhouse North Road. Submitted by Bowersock Mills & Power Company, property owner of record. Adopt on first reading, Ordinance No. 8529, for Special Use Permit (SUP-3-4-10) for the construction of the North Bowersock Mills & Powerhouse, Utility and Service, Major, located at 1000 Powerhouse North Road. (PC Item 1; approved 7-0 on 5/25/10) Staff Report Bowersock Drawing Location Map Supplemental Information PC Minutes Correspondence

ACTION: Approve SUP-3-4-10 and adopt on first reading, Ordinance No. 8529, if appropriate.

b) Consider a Resolution of Intent to Issue up to ~~$18,000,000~~ $19,000,000 in Qualified Energy Conservation Bonds and/or Recovery Zone Facility Bonds for Bowersock Mills and Power Company’s Proposed Hydroelectric Power Plant and consider authorizing the City Manager to execute an Engagement Letter with Gilmore & Bell to serve as the City's bond counsel. Staff Memo & Attachments Revised Request – Added 07/06/10 Revised Resolution – Added 07/06/10

ACTION: Adopt ~~Resolution No. 6890~~ revised Resolution No. 6890, indicating the intent of the City of Lawrence to issue up to ~~$18,000,000~~ $19,000,000 in Qualified Energy Conservation Bonds and Recovery Zone Facility Bonds for Bowersock Mills and Power Company’s proposed Hydroelectric Power Plant and authorize the City Manager to sign an engagement letter with Gilmore & Bell as the City’s bond counsel, if appropriate.

c) Consider authorizing the Mayor to sign a letter encouraging Westar power purchase from the Bowersock Mills and Power Company.

ACTION: Authorize the Mayor to sign a letter encouraging Westar power purchase from the Bowersock Mills and Power Company, if appropriate.

4. Receive Performance Audit: Financial Indicators report from the City Auditor. Report

ACTION: Receive report.

F. PUBLIC COMMENT:

G. FUTURE AGENDA ITEMS: Staff Memo & Attachments

H. COMMISSION ITEMS:

I. CALENDAR: Meeting List

· City Commission Study Session on the 2011 Budget, Tuesday, July 13, 4:00 p.m.

· Annual City Employee Picnic, Saturday, August 28. Location & Time TBD.

· August 31 City Commission meeting cancelled due to it being the fifth Tuesday of the month.

· City Commission to meet with Chancellor Bernadette Gray Little and staff, September 21, 4:00 p.m. Location: Bioscience and Technology Business Center.

· City Employee Service Award luncheon, Monday, November 15. Location: Douglas County Fairgrounds, 4-H Building.

*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.

Building Code Board of Appeals:

One term expires 07/30/10 and is not eligible for reappointment.

Community Commission on Homelessness:

Three terms expire 06/30/10. None are eligible for reappointment.

Community Development Advisory Committee:

Two vacancies for at-large positions that expire 09/30/10 and 09/30/11.

Convention and Visitors Bureau Advisory Board;

Five terms expire 07/01/10. Adams, Johnston, and Schumm are eligible for reappointment to additional terms.

Electrical Code Board of Appeals:

One vacancy for a position that expired 03/31/10 and one vacancy for a position that expires 03/31/11. Both positions are at-large positions.

Jayhawk Area Agency on Aging:

One vacancy that expired 09/30/09.