A

CITY COMMISSION

MEETING AGENDA

August 7, 2007 - 6:35 p.m.

(Posted on webpage at 5:00 p.m. on 08/02/07)

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Updates:

08/07/07 @ 11:00 a.m.

Added spreadsheets, provided by Commissioner Highberger, regarding sales tax vs property tax to Regular Agenda Item No. 2.

08/06/07 @ 3:30 p.m.:

Added staff memo regarding 2008 budget options to Regular Agenda Item No. 2.

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 07/24/07.

2. Receive minutes from various boards and commissions:

Convention & Visitors Bureau Advisory Board meeting of 07/03/07

Planning Commission meeting of 06/25-27/07

Aviation Advisory Board meeting of 05/17/07

Board of Plumbers and Pipe Fitters meeting of 05/02/07

Mechanical Code Board of Appeals meeting of 07/16/07

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. Approve appointments as recommended by the Mayor.

6. Bid and purchase items:

a) Award comprehensive housing rehabilitation bid for 1100 Highland Drive to Old Home Store, Inc., for $26,260. Bid Memo

b) Approve final construction contract Change Order No. 2 in the amount of $144,507.43 for Project No. 15-CP4-404(C), Kasold Drive, West 22^nd Street to Bob Billings Parkway, Street, Storm Sewer, and Waterline Improvements. Staff Memo & Attachments Kasold Street Light Update Memo Consent Agenda Item 7 c) authorizes additional general obligation authority for the project.

7. Adopt the following resolution(s):

a) Resolution No. 6731, authorizing the issuance of bonds for the 2^nd and Locust Street project in the amount of $210,000. Staff Memo & Attachments

b) Resolution No. 6732, setting a public hearing date of October 2, 2007. The purpose of the hearing will be to discuss the condition of the structures at 1230 New York Street and to consider declaring the structures unsafe and dangerous and ordering the unsafe condition to be removed. Staff Memo & Attachments

c) Resolution No. 6733, authorizing the issuance of general obligation bonds for additional traffic control, pavement marking and signal loop replacement on Kasold Drive between 22^nd Street and Clinton Parkway. Staff Memo & Attachments

8. Adopt Comprehensive Plan Amendment (CPA-2007-1) to Chapter 14 – Specific Plans of Horizon 2020 to incorporate existing and future specific plans as comprehensive plan policy, with the inclusion of the East Lawrence Plan. (PC Item No. 14; approved 8-0 on 6/27/07). Adopt on first reading, joint City Ordinance No. 8132, and County Resolution No. ____, to add Chapter 14 – Specific Plans to Horizon 2020, CPA-2007-01. Staff Report Specific Plans PC Resolution No. 2007-03 06/27/07 PC Minutes

9. Approve License Agreement for Voelker property at N. 6^th Street and Walnut to construct a driveway in public right-of-way. Staff Memo & Attachments

10. Authorize the Mayor to sign Subordination Agreements for Tammie Sue Powers, 1069 Home Circle and Trent and Wendi Georgie, 1206 W. 29^th Court. Staff Memo

11. Receive Second Quarter Case Management Report from Bert Nash Mental Health Center. Report

12. Approve as signs of community interest, Meals on Wheels Garage Sale signs in various locations on August 11, 2007. Request

13. Approve variance request (City Code Section 19-214B and 19-214C) for Lots 1 and 2 of Golf Club No. 2 Subdivision allowing existing private sanitary sewer lines to remain in the public right of way for a length greater than 15 feet and allowing the two private service lines to combine prior to connection to the public sewer main. Staff Memo & Attachments

C. CITY MANAGER’S REPORT: CM Report

ADDRESSING THE COMMISSON: 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. Conduct public hearing to establish the maximum assessments for the development of Oregon Trail Park, approximately 4.3 acres which will contain a recreation path/trail, playground area, and a pond which will also serve for stormwater detention. An additional improvement includes an open channel for drainage. Staff Memo & Attachments

ACTION: Conduct public hearing. Adopt on first reading, Ordinance No. 8129, establishing the maximum assessments for the development of Oregon Trail Park, if appropriate.

2. Conduct the public hearing on the proposed 2008 City budget.

a. Receive staff memo regarding 2008 budget consideration. Staff Memo & Attachments Budget Option Staff Memo - Added 08/06/07 Spreadsheets - Added 08/07/07

b. Conduct public hearing.

c. Commission discussion and direction on the 2008 budget.

ACTION: Adopt on first reading, Ordinance No. 8139, adopting and appropriating by fund the 2008 City of Lawrence budget.

Adopt on first reading, Ordinance No. 8140, noting the necessity of appropriating/budgeting property tax revenues for 2008 in excess of that which was appropriated/budgeted for 2007.

Adopt on first reading, Ordinance No. 8131, establishing solid waste service rates for 2008.

Adopt on first reading, Ordinance No. 8133, establishing water service and sewage disposal rates for 2008.

Approve the wholesale water rate for 2008. Wholesale Rate Letters

Adopt on first reading, Ordinance No. 8134, establishing system development charges for water utility and wastewater utility connections for 2008.

Approve pool fees of $3.00 for children, teens, and seniors and $4.00 for adults, effective January 1, 2008.

Approve Administrative Policy AP-55, establishing a policy that governs the allocation of the Transient Guest Tax.

Direct staff on the Utility Fee Waiver Policy. Staff Memo

3. Consider the following items related to proposed development at the northwest corner of 6^th Street and Wakarusa: Staff Memo & Attachments Traffic Impact Analysis

a) PDP-06-02-07: Consider approving, subject to conditions and use restrictions, PDP-06-02-07, a Preliminary Development Plan for 6^th & Wakarusa, located at the NW corner of 6^th Street & Wakarusa Drive, North side of Highway 40. Submitted by BFA, Inc, for 6Wak Land Investments, LLC, property owner of record. (PC Item No. 3; approved 8-0 on 7/23/07) Staff Report Permitted Uses Draft PC Minutes Correspondence Drawings Grading/Drainage Plan Landscaping Plans Utility Plans PDP Map/Section Notes Materials Used

ACTION: Approve, subject to conditions and use restrictions, PDP-06-02-07, if appropriate.

b) Consider approving rezoning and direct staff to draft an ordinance for first reading on the August 14^th agenda, for Z-09-25-06, a request to rezone a tract of land approximately 1.623 acres, from PRD-2 (Planned Residential Development) to OS (Open Space). The property is located on the SE corner of Congressional and Overland. Submitted by BFA, Inc., for Village Meadow’s LLC, property owner of record. (PC Item No. 2; approved 8-0 on 7/23/07) Staff Report Maps Draft PC Minutes

ACTION: Adopt findings of fact, approve rezoning requests, and authorize drafting of ordinances for placement on future agenda, if appropriate.

c) Reconsider the approval of rezoning which was tabled on October 24, 2006 and direct staff to draft an ordinance for first reading on the August 14^th agenda, for Z-06-16A-06, a request to rezone a tract of land approximately 2.21 acres, from PRD-2 (Planned Residential Development) to PCD-2 (Planned Commercial Development with revised use restrictions). The property is located at the intersection of 6^th Street & Wakarusa, North side of Highway 40. Submitted by BFA, Inc, for 6Wak Land Investments, LLC, property owner of record. (PC Item 22A; approved 6-4 on 8/30/06) 10/24/06 CC Minutes

d) Reconsider the approval of rezoning which was tabled on October 24, 2006 and direct staff to draft an ordinance for first reading on the August 14^th agenda, for Z-06-16B-06, a request to rezone a tract of land approximately 15.8 acres, from PCD-2 (Planned Commercial Development with limited uses) to PCD-2 (Planned Commercial Development with revised use restrictions). The property is located at the intersection of 6^th Street & Wakarusa, North side of Highway 40. Submitted by BFA, Inc, for 6Wak Land Investments, LLC, property owner of record. (PC Item 22B; approved 6-4 on 8/30/06) 10/24/06 CC Minutes

ACTION: Remove from the table and adopt findings of fact, approve rezoning requests, and authorize drafting of ordinances for placement on future agenda, if appropriate.

E. PUBLIC COMMENT:

F. FUTURE AGENDA ITEMS: Staff Memo

G. COMMISSION ITEMS:

H. CALENDAR: Meeting List

§ City & County Commissions are invited to attend the Planning Commission meeting on August 15 from 7:30 – 9:00 a.m. to discuss revisions to the Southeast Area Plan. Location: City Commission Room.

§ City Commission meeting, Thursday, August 23, 9:00 a.m.

§ Study Session with Library Board is scheduled for Thursday, August 23, immediately following the City Commission meeting. Location: City Commission Room, First Floor, City Hall.

§ City Employee Appreciation Picnic, August 25, 2007, 5:00 – 8:00 p.m. Location: Broken Arrow Park.

§ City offices closed Monday, September 3, 2007 in observance of the Labor Day holiday.

§ Dedication of Sesquicentennial Point, Sunday, September 16, 3:00 p.m. (rain date is September 23), followed by the Lawrence Birthday Concert at 4:30 p.m. at South Park Bandstand.

§ City Commission meeting, Thursday, September 20, 9:00 a.m.

§ City Commission meeting, Thursday, October 18, 9:00 a.m.

§ Joint City/County/USD Study Session scheduled for October 29, 9:00 a.m. Location: Douglas County Courthouse, 1100 Massachusetts.

§ City Commission meeting, Tuesday, November 20, 9:00 a.m.

§ City Commission meeting, Thursday, December 20, 9:00 a.m.

§ Joint City/County/USD Study Session scheduled for February 11, 2008, 9:00 a.m. Location: Douglas County Courthouse.

*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.

Aviation Advisory Board:

One (1) vacancy for the un-expired position held by David Downing, which expires 05/31/08.

Board of Zoning Appeals/Sign Code Board of Appeals:

One (1) position held by Mike Goans, expires 09/30/07. Mr. Goans is currently serving his second consecutive term and is not eligible for reappointment to an additional term. Three (3) positions, held by Stephen Lane, Marjorie Blaufuss, and Wally Emerson expire 09/30/07. All are eligible for reappointment to additional terms.

Convention and Visitors Bureau Advisory Board:

One (1) vacancy for the position held by Desch which expired 07/01/06 and one (1) vacancy for the position held by Martin which expired 07/01/07. Both positions are required to be held by someone in the hotel industry.

Historic Resources Commission:

One (1) vacancy for an un-expired position that expires 03/01/09. There are eligibility requirements for this board.

Hospital Board:

One (1) position, held by Lindy Eakin, expires 09/30/07. Dr. Eakin is currently serving his second consecutive term and is not eligible for reappointment to an additional term. One (1) position, held by Verdell Taylor, expires 09/30/07. Mr. Taylor is eligible for reappointment to an additional term.

Jayhawk Area Agency on Aging:

One (1) vacancy (Board of Directors) for the un-expired position held by Lisa Johnson, which expires 09/30/09. One (1) position (Advisory Council), held by Gary D. Hale, expires 09/30/07. Mr. Hale is eligible for reappointment to an additional term.

Neighborhood Resources Advisory Committee:

One (1) vacancy for an un-expired position, which expires 09/30/08. This is designated for Brookcreek Neighborhood representation. One (1) position, held by Marci Francisco, expires 09/30/07. Ms. Francisco is eligible for reappointment to an additional term. This is designated for Oread Neighborhood representation. Three (3) positions, held by Kristen Roussel, Susan Mangan, and Michael Randolph, expire 09/30/07. All are eligible for reappointment to additional terms.

Public Transit Advisory Committee:

One (1) vacancy for the un-expired position, held by James Dermody, which expires 12/31/09.