April 26, 2016

The Board of Commissioners of the City of Lawrence met in regular session at 5:45 p.m., in the City Commission Chambers in City Hall with Mayor Amyx presiding and Commissioner Boley, Commissioner Herbert, Commissioner Larsen and Vice Mayor Soden present.  

A. RECOGNITION/PROCLAMATION/PRESENTATION:

1.         Recognition of the winners of the 2016 Fair Housing Poster Contest.  

2.         Proclaim the week of April 25 – 29, 2016 as Tree City USA Week and Friday, April 29 as Arbor Day.

3.         Proclaim the month of May, 2016 as Bicycle Month.

B.        CONSENT AGENDA

Vice Mayor Soden removed consent agenda item 7(a) for a separate vote. 

It was moved by Larsen, seconded by Boley, to approve the consent agenda as below. Motion carried unanimously.

1.         Approve City Commission meeting minutes from 04/19/16.

2.         Receive minutes from various boards and commissions:

Aviation Advisory Board meeting of 02/10/16

Bicycle Advisory Committee meeting of 03/21/16

Public Health Board meeting of 02/15/16

Sustainability Advisory Board meetings of 01/13/16, 02/10/16, and 03/09/16

3.         Approve claims to 209 vendors in the amount of $3,963,902.51 and payroll related payments in the amount of $2,646,998.11, for a total amount of $6,610,900.62

4.         Approve licenses as recommended by the City Clerk’s Office.    

Drinking Establishment                                                           Expiration

            Pie Five Pizza Co.                                                                  New license

            KC Pie, LLC

            2500 Iowa St.

            Cadillac Ranch                                                                       April 14, 2106

            4 Aces Inc.

            2515 W. 6^th St.

            Set’em Up Jacks                                                                    April 29, 2016

            UDK Inc.

            1800 E. 23^rd St.

5.         Approve appointments as recommended by the Mayor.

Homeless Issues Advisory Committee:

            Appoint Matthew Faulk (785.423.4165) to a positon that expires 12/31/18.

            Planning Commission:

            Reappoint Julie Butler (785.691.9128) and Patrick Kelly (785.843.8635) to additional         terms that expire 05/31/19.

            Public Incentives Review Committee:

            Reappoint Aron Cromwell (785.749.6020) to an additional term that expires 01/31/19.

            Sales Tax Audit Committee:

            Reappoint Timothy Bateman (785.218.3802) to an additional term that expires       04/30/19.

            Sustainability Advisory Board:

            Appoint Nathan Freehling and Steve Evans (785.424.7688) to positions that expire            12/31/18.

            Traffic Safety Commission:

            Reappoint Ryan Devlin (785.331.6914), David Crawford (785.218.4279), and Steven       Koprince (785.865.8207) to additional terms that expire 04/30/19.

6.         Bid and purchase items:

a)         Set bid date of May 3, 2016, for Bid No. B1619, Project No. PW1611, 19^th Street and Ousdahl Road, Intersection Improvements.   

b)         Approve change orders number 1-12 in the amount of $92,644.20 to Nowak Construction, Inc. in order to complete the contract for the construction of the Maple Street Stormwater Pump Station (Project No. PW1133).   

c)         Award Bid No. B1612, Project No. PW1604 – 2016 Microsurfacing, Patch, Overlay and Concrete Maintenance Program, to Sunflower Paving, Inc. in the total amount of $1,963,428.90.  

d)         Award bid for one (1) EE rated Electric Forklift for the Solid Waste Division, to Sellers Equipment Co., in the net amount of $25,540.00. 

e)         Approve sale of surplus equipment on Purple Wave Auctions.   

f)          Award Bid No. B1611 to Lippert Mechanical Service Corporation, in the amount of $56,500, for replacement  of two (2) HVAC units at the Kansas River Wastewater Treatment Plant. 

7.         Adopt on second and final reading, the following ordinances:

REMOVED FOR SEPARATE VOTE: a) Ordinance No. 9210, authorizing the issuance of $7.8 million in Industrial Revenue Bonds for the 800 New Hampshire Street Project.  

b)         Ordinance No. 9224, establishing the final assessment for the Corpus Christi benefit district.

8.         Approve a 24 month extension request for Site Plan, SP-14-00037, for the Santa Fe Station located at 413 E 7^th Street.   

9.         Authorize Mayor to sign agreement with Kansas Department of Transportation for Federal Fund Exchange Program.

10.       Authorize staff to advertise a Request for Proposals, RFP R1605, for Wastewater Flow Optimization Project UT1605.  

11.       Authorize the City Manager to execute the Memorandum of Agreement with the University of Kansas for University participation in the construction cost of 19^th Street Utilities Relocation project UT1518. 

12.       Authorize renewal of Public Officials and Employment Practices Liability policy with ACE Group, in the amount of $70,046, for the 2016-2017 policy period.  

13.       Authorize renewal of Professional Liability Law Enforcement policy with AIG/Lexington, in the amount of $68,680, for the 2016-2017 policy period.  

14.       Approve the Lawrence Cultural Arts Commission Community Arts Grants as recommended by the Lawrence Cultural Arts Commission.  

15.       Authorize application forms for outside agency funding for the 2017 budget.  

16.       Approve as “Signs of Community Interest” a request from the Lawrence Home Builders Association to place signs at various locations from April 30 through May 8, 2016.  

17.       Authorize the Mayor to sign Releases of Mortgage for Paula J. Freed, 618 Saratoga Place and Chester Schmitendorf, 2014 Hillview Road.  

Consent Agenda Items Removed for Separate Vote:  

7.         Adopt on second and final reading, the following ordinances:

a)         Ordinance No. 9210, authorizing the issuance of $7.8 million in Industrial Revenue Bonds for the 800 New Hampshire Street Project.  

Moved by Boley, seconded by Larsen, to adopt on second and final reading Ordinance No. 9210, authorizing the issuance of $7.8 million in Industrial Revenue Bonds for the 800 New Hampshire Street Project. Motion approved 3-2; Ayes: Amyx, Boley and Larsen; Nays: Soden and Herbert.

C. PUBLIC COMMENT:

            None.

D.        REGULAR AGENDA ITEMS:

1. Consider the First Amendment to Cooperation Agreement between the City of Lawrence, Kansas, and the University of Kansas in association with the KU Central District Development Project generally consisting of student housing, parking, recreation and other ancillary uses located along and north of 19^th Street between Iowa Street and Naismith Drive on the University’s main campus,

Scott McCullough, Planning and Development Services Director, presented the staff report.

Moved by Boley, seconded by Larsen, to approve First Amendment to Cooperation Agreement between the City of Lawrence, Kansas, and the University of Kansas in association with the KU Central District Development Project; direct staff to work with the University of Kansas to develop a notification process for projects occurring within a 150 foot interior boundary of campus and work with surrounding neighborhood to address concerns over impact of project. Motion carried unanimously.

2. Consider authorizing staff to submit a joint City of Lawrence/University of Kansas TIGER Grant application for a multimodal facility to be located in Lot 90 of the KU Campus.  Consider authorizing the Mayor sign a letter of support and notice of local funding in an amount not to exceed $4 million, contingent on award of the grant.

Robert Nugent, Transit Administrator, presented the staff report.

Moved by Soden, seconded by Larsen, to authorize staff to submit a joint City of Lawrence/University of Kansas TIGER Grant application for a multimodal facility to be located in Lot 90 of the University of Kansas campus.  Consider authorizing the Mayor sign a letter of support and notice of local funding in an amount not to exceed $4 million from sales tax reserves. Motion carried unanimously. 

3. Consider a Text Amendment, TA-15-00346, to the City of Lawrence Land Development Code, to add Urban Agriculture as a permitted use and establish standards. Initiated by City Commission on 6/23/15. Adopt on first reading, Ordinance No. 9206, for a Text Amendment (TA-15-00346) to the City of Lawrence Land Development Code, to add Urban Agriculture as a permitted use and establish standards. (PC Item 4; approved 10-0 on 2/22/16)

Mary Miller, Planner, presented the staff report.

Moved by Soden, seconded by Herbert, to approve the Urban Agriculture Text Amendment (TA-15-00346) with the exception of provisions pertaining to animal slaughter practices, and adopt on first reading, Ordinance No. 9206.  Motion approved 4-1; Ayes: Soden, Herbert, Larsen and Boley; Nay: Amyx.

4. Presentation on Water Quality in City of Lawrence/Lead Update.

Dave Wagner, Director of Utilities, presented the staff report.  

The City Commission received the report.

5. Consider the following items related to Utility System Financing: 

a)         Consider authorizing financing actions for 2016 and 2017 Utility Master Plan Projects: 

i)          Consider adopting Resolution No. 7155, authorizing $61,000,000 of water and wastewater projects for 2016 and 2017 as identified in the utility master plan.

ii)         Consider adopting Resolution No. 7156, authorizing the issuance of, and setting the sale date of June 7, 2016, for revenue bonds in the amount of $68,180,000, to finance the 2016 water and wastewater improvements and refunding two revenue bonds, Series 2016-A. 

 b)        Consider authorizing actions to refund the City’s 2000 State of Kansas Revolving Loan:

i)          Consider adopting Resolution No. 7157, authorizing improvements to the water and sewage system of the City, in the amount of $44,773,720.20, and providing for the payment of the costs thereof. 

ii)         Consider adopting Resolution No. 7158, establishing the maximum annual bonding amount for public improvements as $44,773,720.20, pursuant to Charter Ordinance No. 27.

iii)         Consider adopting Resolution No. 7159, authorizing the sale of general obligation refunding bonds, Series 2016-A.

Bryan Kidney, Finance Director, presented the staff report.

Moved by Boley, seconded by Larsen, to adopt Resolution No. 7155 authorizing $61,000,000 of water and wastewater projects for 2016 and 2017 and Resolution No. 7156, authorizing the issuance of, and setting the sale date of June 7, 2016, for revenue bonds in the amount of $68,180,000, to finance the 2016 water and wastewater improvements and refunding two revenue bonds, Series 2016-A.  Motion carried unanimously. 

Moved by Boley, seconded by Herbert, to adopt Resolution No. 7157, authorizing improvements to the water and sewage system of the City, in the amount of $44,773,720.20; Resolution No. 7158, establishing the maximum annual bonding amount for public improvements as $44,773,720.20, pursuant to Charter Ordinance No. 27; and Resolution No. 7159, authorizing the sale of general obligation refunding bonds, Series 2016-A.  Motion carried unanimously. 

6. Discussion of Mayoral terms.

The Commission received Commissioner Herbert and Commissioner Larsen’s recommendation for the process to elect the mayor and vice-mayor positions.

E.         FUTURE AGENDA ITEMS:

Mayor Amyx outlined potential future agenda items.

F:         COMMISSION ITEMS:

Commissioner discussion of items not scheduled on the agenda.

G.        CITY MANAGER’S REPORT:

Tom Markus, City Manager, presented the report.

H:        CALENDAR:

Review of calendar items.

I:          CURRENT VACANCIES – BOARDS/COMMISSIONS:

Existing and upcoming vacancies on City of Lawrence Boards and Commissions were listed on the agenda.

Moved by Larsen, seconded by Herbert, to adjourn at 10:47 p.m. Motion carried unanimously.

MINUTES APPROVED BY THE CITY COMMISSION ON MAY 3, 2016.