CITY
COMMISSION
MEETING AGENDA
January 6, 2009 - 6:35 p.m.
(Posted on webpage at 4:00 p.m. on 12/31/08)
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Updates:
01/05/09 @ 3:20 p.m.
- Updated Regular Agenda Item No. 2 – Lawrence Smartcode – with additional correspondence.
A. RECOGNITION/PROCLAMATION/PRESENTATION:
1. Recognition of Lawrence Police Captain Mike Pattrick as a graduate of the 235th FBI National Academy class.
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 12/09/08, 12/16/08 and 12/30/08.
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 Department of Administrative Services.
4. Bid and purchase items:
a) Waive bidding requirements and approve the sole source purchase of personal protective clothing for the Fire Medical Department from Municipal Emergency Services (MES) for $26,397. Globe Manufacturing has an exclusive dealer network in Kansas and has identified MES as the sole distributor that may sell to the City. Staff Memo and Attachments
5. Adopt the following ordinance(s) on first reading:
a) Adopt on first reading, Ordinance No. 8360, authorizing the codification of the general ordinances of the City. Staff Memo & Attachments
6. Approve Text Amendment TA-10-17-08, amendments to Section 20-804, 20-805, 20-807 and 20-815 of the joint Subdivision Regulations revising standards for Build Out Plans. Initiated by the County Commission on 10/29/08. (PC Item 5; approved 7-0 on 12/15/08) Staff Report Correspondence Initiation Memo PC Minutes
7. Accept dedication of easements and rights of way for PP-10-14-08, a Preliminary Plat for Free State Addition No. 3, a non-residential subdivision containing 17.641 acres, located at 4700 Overland Drive. Submitted by Landplan Engineering, for City of Lawrence Public Schools USD 497, property owner of record. (PC Item 1; approved 7-0 on 12/15/08) Staff Report Variance Request Letter Preliminary Plat Map PC Minutes
8. Accept dedication of easements and rights of way for PP-10-15-08, a Preliminary Plat for Hunter’s Acres, a non-residential subdivision containing 9.353 acres, located at 2145 Louisiana Street. Submitted by Landplan Engineering, for City of Lawrence Public Schools USD 497, property owner of record. (PC Item 2; approve 7-0 on 12/15/08) Staff Report Variance Request Letter Preliminary Plat Map PC Minutes
9. Authorize the City Manager to negotiate an agreement with Haase and Long for collection services. Staff Memo
10. Authorize the City Manager to execute a Predesign Phase Engineering Services Agreement with BG Consultants in the amount of $43,419 for the annual Watermain Replacement Program. Staff Memo and Attachments
11. Approve temporary use of right-of-way permits adjacent to 642 and 824 Louisiana for one month, 1/6/09 through 2/6/09, for the storage of construction materials, with additional extensions to be considered as needed, provided that any future extension requests must be applied for prior to the expiration of the then current temporary use of right-of-way permit. Staff Memo and Attachments
12. Receive request for special assessment benefit district for the construction of Exchange Place/Fairfield Street in the Fairfield East subdivision (east of O’Connell); direct staff to review and prepare appropriate resolutions. Request
13. Adopt Resolution No. 6818 declaring the necessity to appropriate interests in real property for use by the City for the location, construction, operation and maintenance of a public sanitary sewer pump station, sanitary sewer main and equipment and facilities appurtenant thereto, and authorizing a survey and description of the land to be condemned. Staff Memo and Attachments
C. CITY MANAGER’S REPORT: CM Report and 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 adopting on second and final reading, Joint City Ordinance No. 8358/County Resolution No. ____, amending Horizon 2020, Chapter 14 Specific Plans by approving and incorporating by reference the K10 & Farmer’s Turnpike Plan, CPA-2008-9. Staff Memo Staff Report PC Resolution No. 2008-06 K-10 & Farmer's Turnpike - Draft Plan Correspondence PC Minutes Powerpoint Presentation 12/02/08 CC Minutes Draft 12/09/08 CC Minutes Notification Memo
ACTION: Adopt on second and final reading, Joint City Ordinance No. 8358/County Resolution No. ____, amending Horizon 2020, Chapter 14 Specific Plans by approving and incorporating by reference the K10 & Farmer’s Turnpike Plan, CPA-2008-9, if appropriate.
2. Consider the following items related to Lawrence SmartCode: Staff Memo & Attachments Development Processes Outline Correspondence - Updated 01/05/09 PC Minutes LWV Correspondence LWV Mark-up of Smartcode
a) Consider approval of CPA-2007-6, a Comprehensive Plan Amendment to Horizon 2020 by creating Chapter 15 – Place Making to ensure proper comprehensive plan language is in place for the proposed Lawrence SmartCode in the City of Lawrence. (PC Item 13; approved 8-0 on 5/21/08) Draft PC Resolution 2008-01 Correspondence Staff Report
ACTION: Approve CPA-2007-6, an amendment to Horizon 2020 by creating Chapter 15 - Place Making, if appropriate.
b) Consider approval of CPA-2007-7, a Comprehensive Plan Amendment to Horizon 2020, Chapter 14 Specific Plans, to add a reference to the Lawrence SmartCode Infill Plan. (PC Item 14; approved 8-0 on 5/21/08) PC Resolution No. 2008-02 Staff Report
ACTION: Approve CPA-2007-7, an amendment to Horizon 2020, Chapter 14 Specific Plans, if appropriate.
c) Consider adopting Text Amendment TA-11-24-07 regarding the Lawrence SmartCode and, Pursuant to the provisions of K.S.A. Chapter 12, Article 7, enacting a new Chapter 21 of the Code of the City of Lawrence, Kansas, establishing comprehensive zoning regulations and other land use regulations. Consider adopting Ordinance No. 8286 on first reading regarding TA-11-24-07 for the Lawrence SmartCode. (PC Item 15; approved 8-0 on 5/21/08) Lawrence Smartcode - Chapter 21 Staff Report
ACTION: Approve TA-11-24-07 regarding the Lawrence SmartCode and adopt Ordinance No. 8286, if appropriate.
3. Consider the following items related to Maple Leaf Square. Staff Memo Regarding Amended Requests Applicant Correspondence
a) Consider Planning Commission’s recommendation to approve a request to rezone a tract of land, Z-10-17A-08, approximately 6.14 acres from RS-7 (Single-Family Residential) to RM-12D (Multi-Dwelling Residential Duplex), located at 4145 Seele Way. Note: The applicant has submitted a request to amend the application, using the Table of Lesser Change, to replace a portion of the requested RM12D zoning with RS5 zoning per the attachments. Submitted by Landplan Engineering PA, for Doolittle Farms, LLC property owner of record. (PC Item 3A; approved 6-2 on 12/15/08). Because a valid protest petition has been received, a supermajority vote (at least 4 votes) is required to approve the rezoning approved by the Planning Commission. Applicant is requesting the City Commission act on an amended zoning request permitted by code under the lesser change table. Because the lesser change would be considered contrary to the Planning Commission’s recommendation, approval of the applicant’s amended request also requires a supermajority vote (at least 4 votes) of the City Commission. Staff Report Protest Petition Maps Correspondence PC Minutes
ACTION: Approve the rezoning of approximately 6.14 acres (Z-10-17A-08) from RS-7 (Single-Family Residential) to RM-12D (Multi-Dwelling Residential Duplex), located at 4145 Seele Way, and direct staff to prepare an ordinance, if appropriate.
b) Consider approving a request to rezone a tract of land, Z-10-17B-08, approximately 3.57 acres from RS-7 (Single-Family Residential) to RS-5 (Single-Family Residential), located at 437 Seele Drive. Submitted by Landplan Engineering PA, for Doolittle Farms, LLC, property owner of record. (PC Item 3B; approved 7-1 on 12/15/08) Staff Report Maps PC Minutes
ACTION: Approve the rezoning of approximately 3.57 acres from RS-7 (Single-Family Residential) to RS-5 (Single-Family Residential), located at 437 Seele Drive, and direct staff to prepare an ordinance, if appropriate.
c) Consider deferring acceptance of dedication of easements and rights of way for PP-10-13-08, a Preliminary Plat for Maple Leaf Square, 10.24 acre subdivision consisting of 41 lots, located at 4145 Seele Way. Submitted by Landplan Engineering PA, for Doolittle Farms LLC, property owner of record. Note: The applicant has submitted an amended plat consisting of 42 lots that will need review and approval by the Planning Commission prior to acceptance of dedication of easements and rights-of-way (PC Item 3D; approved 6-2 on 12/15/08) Staff Report PC Approved Plat Revised Plat Correspondence PC Minutes
ACTION: Defer dedication of easements and rights of way for PP-10-13-08, a Preliminary Plat for Maple Leaf Square, if appropriate.
d) Consider deferring approval of a waiver from the requirement in Section 20-811(c)(1)(i) of the Subdivision Regulations that sidewalks be constructed on both sides of the street for Maple Leaf Square Addition; a 10.24 acre, 41 lot subdivision which is a replat of Lots 1 through 29 in Block One, Lots 1 through 12 in Block two and Tracts A and B in Doolittle Subdivision; located north of Overland Drive between Monterey Way and Eldridge St. (PC Item 3C; approved 7-1 on 12/15/08) Staff Report PC Minutes
ACTION: Defer consideration of waiver from the requirement in Section 20-811(c)(1)(i) of the Subdivision Regulations that sidewalks be constructed on both sides of the street, if appropriate.
E. PUBLIC COMMENT:
F. FUTURE AGENDA ITEMS: Memo
G. COMMISSION ITEMS:
H. CALENDAR: Meeting List
1. Consider setting a January date for a study session with the Community Development Advisory Committee to discuss City Commission priorities for the CDBG/HOME programs for the upcoming program year.
§ 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.
§ Annual Chamber dinner, Friday, January 16, 2009, Time – TBD. Location: Holidome.
§ City offices will be closed on January 19, 2009 in observance of Martin Luther King, Jr. Day.
§ Deadline to file to run for City Commission, January 27, 12:00 p.m.
§ Joint City Commission, County Commission, and Chamber of Commerce Study Session, Tuesday, January 27, 2009, 4:00 – 6:00 p.m. Topic: Economic Development Issues and Policies. Location: City Commission Room.
§ Joint City Commission, County Commission, and Chamber of Commerce Study Session, Tuesday, February 3, 2009, 4:00 – 6:00 p.m. Topic: Economic Development Issues and Policies. Location: City Commission Room.
§ City offices will be closed on February 16, 2009 in observance of Presidents Day.
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*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 Commission on Homelessness:
Four (4) positions, held by Collier, Hemphill, Mosely, and Knoche expire 12/31/08. All are eligible for reappointment to additional terms. Terms for this board are for three years from date of previous term.
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.
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.
Six (6) positions expire 11/30/08. All are eligible for reappointment. Terms for this board are for two years from date of previous term.
Lawrence Bicycle Advisory Committee:
One vacancy for the un-expired position (Bishop) which expires 12/31/09. Terms for this board are for three years from date of previous term.
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.
Parks & Recreation Advisory Board:
Two (2) positions, held by Bracciano and Muzzy, will become vacant 12/31/08. Mr. Bracciano has served two consecutive terms and is not eligible for reappointment. Mr. Muzzy does not wish to be reappointed to an additional term. One (1) position, held by Barth, expires 12/31/08. Ms. Barth is eligible for reappointment to an additional term. Terms for this board are for four years from date of previous term expiration.
Public Transit Advisory Committee:
Two (2) positions, held by Hill and Miller, expire 12/31/08. Both are eligible for reappointment to additional terms. Terms for this board are for three years from date of previous term expiration.
Five (5) positions, held by Keel, Tsubaki, Ross, Ground, and Kennedy, expire 12/31/08. All are eligible for reappointment to additional terms. Terms for this board are for three years from date of previous term expiration.
Sustainability Advisory Board:
One (1) position, held by Poull, expires 12/31/08. Mr. Poull is eligible for reappointment to an additional term. Terms for this board are for three years from date of previous term expiration.