A

CITY COMMISSION

MEETING AGENDA

October 21, 2008 – 5:30 p.m.

(Posted on webpage at 5:00 p.m. on 10/16/08)

(10MB files take approximately 45 seconds to open)

Updates:

10/20/08 @ 4:40 p.m.:

Added additional correspondence to Regular Agenda Item No. 1 – Chapter 7, Horizon 2020.

A. EXECUTIVE SESSION:

1. Consider a motion to recess into executive session for approximately 45 minutes to meet with attorneys for the City on matters which are deemed privileged under the attorney-client relationship and to discuss possible real estate acquisition. The justification for the executive session is to keep attorney-client matters confidential at this time and possible terms and conditions of real estate acquisition confidential at this time.

ACTION: Approve motion to recess into executive session for approximately 45 minutes, if appropriate.

B. RECOGNITION/PROCLAMATION/PRESENTATION:

1. None.

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. Approve City Commission meeting minutes from 10/07/08.

2. Receive minutes from various boards and commissions:

Public Transit Advisory Committee meetings of 08/12/08 and 09/09/08

Mechanical Code Board of Appeals meeting of 06/16/08

Community Commission on Homelessness meeting of 09/09/08

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 bids for the 2008 Weatherization Program as follows: Bid Memo

· Storm windows to Kennedy Glass, Inc., for $47,209.04

· Weather stripping of doors to T.J. Holdings, Inc., for $2,955; and

· Attic Insulation to Midwest Insulation for $26,652.

b) Approve bid for 190 trees for the Master Street Tree Project for Parks & Recreation to Arbor Masters for $40,470. Bid Memo

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

a) Ordinance No. 8336, authorizing Special Use Permit SUP-07-07-08 for Countryside, a proposed Extended Care Facility to serve as an Alzheimer’s treatment facility, located at 1216 Biltmore Drive. Submitted by Landplan Engineering PA, for Free State Development LC, property owner of record. (PC Item 6B; approved 7-0 on 9/24/08)

b) Ordinance No. 8297, incorporating by reference, a text amendment (TA-03-01-08) to amend Article 4 of the Development Code relating to uses permitted in the GPI District. (PC Item 4; approved 8-0 on 6/23/08) (PC Item 4; approved 8-0 on 6/23/08) Incorporation by Reference

c) Ordinance No. 8339, establishing the Bauer Farms Development Transportation Development District, generally located at the northeast corner of the intersection of West 6^th Street and Wakarusa Drive.

d) Ordinance No. 8331, rezoning approximately .48 acres (Z-05-10-08) from RMG (Multi-Dwelling Residential-Greek Housing) to MU (Mixed Use), located at 1420 Crescent Road. (PC Item 1; approved 5-3-1 on 9/22/08)

e) Ordinance No. 8332, for Comprehensive Plan Amendment (CPA-2008-11) amending the Southeast Area Plan to change the area designated for high-density residential north of 25^th Terrace to Community Commercial and change the Land Use Descriptions in applicable areas to reflect the change. (PC Item 3; approved 9-0 on 09/22/08) Incorporation by Reference

8. Adopt Resolution No. 6808, authorizing the execution of a Development Agreement for the Bauer Farm Transportation Development District, northeast corner of 6^th Street and Wakarusa, and approve the Development Agreement.

9. Approve request for a 6 month extension of the site plan approval for SP-12-93-06, a site plan for an office building at 501 Rockledge Road. Staff Memo Site Plan

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. Consider approving revised CPA-2004-02, a Comprehensive Plan Amendment to Horizon 2020, Chapter 7: Industrial and Employment Related Land Use and consider adopting on first reading, revised Joint City Ordinance No. 8283/County Resolution No. ____, for Comprehensive Plan Amendment (CPA-2004-02) to Horizon 2020, Chapter 7. (Deferred from the 9/23/08 CC meeting). Approval will require a super majority vote as the revisions are substantially different than the Planning Commission’s recommendation. Staff Memo Revised Chapter 7 Soils Map Correspondence - Updated 10/20/08 City Commission Meeting Minutes of 09/23/08

ACTION: Approve CPA-2004-02, a Comprehensive Plan Amendment to Horizon 2020, Chapter 7 and adopt on first reading, Joint City Ordinance No. 8283/County Resolution No. ____, if appropriate.

2. Consider changes to the city environmental code pertaining to trash abatement and adopt on first reading, Ordinance No. 8280, amending Section 9-607 of the City Code related to the issuance of notices of violation under the environmental code. Staff Memo and Attachments

ACTION: Adopt on first reading, Ordinance No. 8280, amending Section 9-607 of the City Code related to the issuance of notices of violation under the environmental code, if appropriate.

3. Conduct public hearing to consider the vacation of an unused utility easement located in Lot 1, Block 1, Legends Addition No. 1 as requested by owner Jack Biegler, Ellison KU, LTD. Staff Memo & Attachments

ACTION: Conduct public hearing and approve Order of Vacation, if appropriate.

4. Consider authorizing the Mayor to sign a letter of intent with the University of Kansas regarding transit and receive report from KU/City Transit Planning Committee. Staff Memo & Attachments

ACTION: Authorize the Mayor to sign a letter of intent with the University of Kansas regarding transit and receive report from KU/City Transit Planning Committee, if appropriate.

5. Receive City Auditor’s report on Pavement Condition Measures. Report Power Point Presentation

ACTION: Receive report and direct staff as appropriate.

F. PUBLIC COMMENT:

G. FUTURE AGENDA ITEMS: Staff Memo & Attachments

H. COMMISSION ITEMS:

I. CALENDAR: Meeting List

1. Consider either November 11, 13, or 18, 2008 as a possible date for SmartCode Study Session.

§ Lawrence Energy Conservation Fair, Sunday, October 19, 10:00 a.m. – 5:00 p.m. Location: Free State High School.

§ Mayor’s Climate Protection Task Force, Monday, October 20, 4:00 p.m. Location: City Commission Room.

§ City of Lawrence Human Relations Employment Law Update Seminar, Tuesday, October 28, 8:00 a.m. – 5:00 p.m. Location: Eldridge Hotel, Crystal Ballroom.

§ Employee Service Awards, Tuesday, October 28, 5:30 p.m. Location: City Hall.

§ City Commission Meeting scheduled for November 4 will start at 5:30 p.m. due to Election Day and end no later than 6:30 p.m.

§ City offices will be closed November 27 and 28, 2008 in observance of the Thanksgiving holiday.

§ Annual City employee holiday luncheon, Wednesday, December 17, 2008, 11:30 – 1:00 p.m. Location: Community Building, lower level.

§ The December 23, 2008 City Commission meeting has been canceled.

§ The December 30, 2008 City Commission meeting will start at 9:00 a.m.

§ 2009 Legislative Breakfast, Tuesday, January 6, 2009, 8:00 a.m. Location: Maceli’s.

*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.

Board of Zoning Appeals/Sign Code Board of Appeals:

One (1) position (Carpenter) expired 09/30/08.

Community Development Advisory Committee:

(Formerly known as Neighborhood Resources Advisory Committee:

One (1) vacancy for the position held by Collier, expired 09/30/08. This position must be held by someone in a target neighborhood. Two vacancies for the positions held by Roussel and Mangan expire 09/30/10. Both positions are at-large positions.

Jayhawk Area Agency on Aging:

One (1) vacancy (Board of Directors) for an unexpired position (Johnson) which expires 09/30/09. Two (2) vacancies, one for Advisory Council and one for Board of Directors, for positions that expired 09/30/08.

Lawrence Citizen Advisory Board:

One (1) vacancy for the unexpired position (Leon) which expires 03/01/11.

Lawrence Cultural Arts Commission:

Three (3) vacancies for the unexpired positions (Hatchett, King, and Vonholten) which expire 01/31/10. One (1) vacancy for the unexpired position held by Jost which expires 01/31/11.

Public Transit Advisory Committee:

One (1) vacancy for the unexpired position (Foster) that expires 12/31/08.

Traffic Safety Commission:

One (1) vacancy for the position that expired 04/30/08.