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CITY COMMISSION

MEETING AGENDA

November 11, 2008 - 6:35 p.m.

(Posted on webpage at 4:45 p.m. on 11/06/08)

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Updates:

11/11/08 @ 2:05 p.m.

Added a staff memo regarding a conservation easement to Regular Agenda Item No. 9 – homeless camping.
Added a staff memo on the 2008 Ballot Initiatives Report and correspondence to Regular Agenda Item No. 10 - sales tax referenda items.

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 10/28/08 and 11/04/08.

2. Receive minutes from various boards and commissions:

Lawrence Cultural Arts Commission meeting of 10/06/08

Board of Plumbers and Pipe Fitters meeting of 09/17/08

Public Health Board meeting of 09/22/08

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

a) Ordinance No. 8345, rescinding Ordinance No. 7022 which established no parking on the east side of Jana Drive between Harvard Road and Holiday Drive.

b) Ordinance No. 8346, establishing no parking along the north side of Eisenhower Terrace and no parking along the east side of Emerald Drive.

7. Approve a request to rezone (Z-08-15-08) a tract of land approximately .134 acres from U-KU (University) to RM32 (Multi-Dwelling Residential), located at 1232 Louisiana Street (initiated by City Commission on 8/12/08) and adopt on first reading, Ordinance No. 8343, rezoning 1232 Louisiana Street from U-KU to RM32. (PC Item 1; approved 8-0 on 9/20/08) Staff Report Map of Area PC Minutes

8. Approve Comprehensive Plan Amendment CPA-2008-04 to amend Chapter 6-Commercial Land Use – Lawrence- New Commercial Areas and Map 6-1 to correct inconsistencies between map and text (initiated by Planning Commission in April 2008 as part of the annual review) and adopt on first reading, joint City Ordinance No. 8341/County Resolution No. ____, amending Chapter 6-Commercial Land Use of the Comprehensive Plan, CPA-2008-04. (PC Item 2; approved 8-0 on 10/20/08) Staff Report PC Minutes Incorporation by Reference

9. Approve Comprehensive Plan Amendment CPA-2008-5, to amend Chapter 6-Commercial Land Use – to correct policy numbers under Goal 3 (duplicate numbers). Initiated by Planning Commission in April 2008 as part of the annual review. Adopt on first reading, joint City Ordinance No. 8342/County Resolution No. ____, amending Chapter 6-Commercial Land Use of the Comprehensive Plan, CPA-2008-05. (PC Item 3; approved 8-0 on 10/20/08) Staff Report PC Minutes Incorporation by Reference

10. Accept dedication of easements and rights of way for PP-08-10-08, a Preliminary Plat for Alexeis Addition, a one-lot, 0.16 acre subdivision, located at 825 Illinois Street. Submitted by Dean Grob for Paula Minetti, property owner of record. Variances are requested from Section 20-810(d)(10)(ii) to permit an alley with less than the minimum required right-of-way width of 20 feet and from Section 20-810(d)(10)(iii) to permit an alley that does not comply with the construction standards of the city. (PC Item 9; approved 6-0 on 10/22/08) Staff Report Preliminary Plat PC Minutes Correspondence

11. Approve Text Amendment TA-08-15-08, an amendment to Section 20-403 and 20-1766 of the Development Code to permit Light Equipment Sales/Rental uses, which includes car rental agencies, as a permitted use in the CN2 (Neighborhood Commercial) zoning district, and to clarify that this use includes an accessory wash bay and storage of vehicles onsite. Initiated by the Lawrence City Commission on August 26, 2008 at the request of Murl Westheffer of The Malls Retail Center/American Real Estate & Investments, Inc. Adopt on first reading, Ordinance No. 8344, for Text Amendment TA-08-15-08, an amendment to Section 20-403 and 20-1766 of the Development Code. (PC Item 11; approved 6-0 on 10/22/08) Staff Report PC Minutes Incorporation by Reference

12. Receive third quarter report from Lawrence Freenet. Staff Memo & Attachments

13. Authorize staff to negotiate an Engineering Services Contract with Black & Veatch for Design and Construction Phase Engineer services in conjunction with Project WW0601, improvements to the Anaerobic Digester Process at the Kaw Wastewater Treatment Plant. Staff 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 approving request from Paul Werner Architects to use eight (8) public parking spaces at 123 W. 8^th Street for construction staging. Staff Memo Site Plan Property Owner Notification Request

ACTION: Approve request to use eight (8) public parking spaces at 123 W. 8^th Street for construction staging, if appropriate.

2. Conduct public hearing to consider the vacation of an unused utility easement located in Lot 2, Block A, Haddock Addition as requested by property owner McDonald’s Corporation. Staff Memo & Attachments

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

3. Conduct public hearing to consider the vacation of the east 10’ of right-of-way of Arkansas Street adjacent to Lot 70 and the west 25’ of Lot 68, in Block 34, West Lawrence Addition as requested by property owners Lawrence E. and Patricia G. Graner. Staff Memo & Attachments

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

4. Consider adopting Ordinance No. 8350, repealing Ordinance No. 8293 and reenact its provisions rezoning approximately 155 acres (Z-04-08-08) located on the northwest corner of N. 1800 Road and E. 900 Road; I-70/K-10 Business Park, from A (Agricultural) to IG (General Industrial). Because valid protest petitions were received, a super-majority vote (at least 4 votes) is needed. Staff Memo & Attachments

ACTION: Adopt on first reading, Ordinance No. 8350, repealing Ordinance No. 8293, and reenact its provisions rezoning approximately 155 acres (Z-04-08-08) located on the northwest corner of N. 1800 Road and E. 900 Road; I-70/K-10 Business Park, from A (Agricultural) to IG (General Industrial), if appropriate.

5. Conduct public hearing for the dilapidated structure at 617 W. 4^th Street. Consider adopting Resolution No. 6813, declaring the structure unsafe and dangerous and ordering property owner to repair or remove the structure within a specified period of time. Should the property owner fail to comply, the City would contract for the removal of said structure. Staff Memo & Attachments

ACTION: Conduct public hearing. Adopt Resolution No. 6813, declaring the structure at 617 W. 4^th Street unsafe and dangerous and ordering the property owner to repair or remove the structure within a specified period of time, if appropriate.

6. Consider changes to the sidewalk snow and ice removal ordinance and enforcement program. Staff Memo and Attachments

ACTION: Direct staff as appropriate.

7. Consider approving the submittal of the KDOT Five Year Plan and authorize the Mayor to sign Request for Construction Project. Staff Memo & Attachments

ACTION: Approve submittal of KDOT Five Year Plan and authorize the Mayor to sign Request for Construction Project, if appropriate.

8. Consider changes to the City’s regulations regarding panhandling. Staff Memo

ACTION: Direct staff as appropriate.

9. Receive public comment and City Commission direction concerning homeless camping. Staff Memo Correspondence Staff Memo – Added 11/11/08

ACTION: Direct staff as appropriate.

10. Receive staff report regarding sales tax referenda items. Staff Memo & Attachments Staff Memo on 2008 Ballot Initiatives Report - Added 11/11/08 Correspondence - Added 11/11/08

ACTION: Receive report and direct staff to place items on the November 18, 2008 agenda, if appropriate.

E. PUBLIC COMMENT:

F. FUTURE AGENDA ITEMS: Staff Memo & Attachments

G. COMMISSION ITEMS:

H. CALENDAR: Meeting List

§ Joint City/County Commissions study session on 31^st Street, Monday, November 10, 2008 at 9:00 a.m. Location: Douglas County Courthouse Commission Room, 1100 Massachusetts Street.

§ Mayor’s Climate Protection Task Force meeting, Monday, November 17, 2008 at 4:00 p.m. Location: City Commission Room.

§ SmartCode Study Session scheduled for Tuesday, November 18 at 4:30 p.m. Location: City Commission Room.

§ Lawrence Douglas County Health Department future accreditation meeting, Wednesday, November 19, 2008, 11:30 a.m. – 2:00 p.m. Location: Community Health Facility, 200 Maine Street, Second Floor Meeting Room. RSVP’s are required. Invitation

§ Black Hills Energy luncheon with City staff and City Commission, Tuesday, November 25, 2008, 12:00 -1:30 p.m. Location: Adams Alumni Center. Invitation

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

§ Mayor’s Climate Protection Task Force meeting, Monday, December 15, 2008 at 4:00 p.m. Location: City Commission Room.

§ 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.

§ City offices will be closed Thursday, December 25, 2008 in observance of the Christmas Holiday.

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

§ City offices will be closed Thursday, January 1, 2009 in observance of New Years Day.

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

*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.

Board of Zoning Appeals/Sign Code Board of Appeals:

One position (Carpenter) expired 09/30/08. Terms for this board are for three years from date of previous term expiration.

Community Development Advisory Committee:

(Formerly known as Neighborhood Resources Advisory Committee:

One vacancy for the position held by Collier, expired 09/30/08. Two vacancies for the un-expired positions held by Roussel and Mangan expire 09/30/10. All positions are at-large positions. Terms for this board are for three years from date of previous term expiration.

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. Terms for this board are for three years from date of previous term expiration.

Lawrence Citizen Advisory Board:

One vacancy for the unexpired position (Leon) which expires 03/01/11. Terms for this board are for three years from date of previous term expiration.

Lawrence Cultural Arts Commission:

Three vacancies for the unexpired positions (Hatchett, King, and Vonholten) which expire 01/31/10. One vacancy for the unexpired position held by Jost which expires 01/31/11. Terms for this board are for three years from date of previous term expiration.