Memorandum

City of Lawrence

Legal Services

TO:	Toni Ramirez Wheeler, Director of Legal Services
FROM:	John Jay Miller, Staff Attorney
Date:	February 18, 2009
RE:	Operating Agreements with USD No. 497 for SUP 07-04-08 and SUP -07-06-08

On September 16, 2008 the City Commission approved requests for special use permits for three school sites within Unified School District No. 497.  Two of these sites, Lawrence High School and Centennial / Virtual School each contain a condition of approval that requires an operating agreement between the City and the applicant regarding the maximum level of activity at the athletic fields, including the number of days of use and the hours of operation.

The plaintiffs and the School District settled their differences arising from the school district’s plans to construct certain athletic facilities in the City. The School District has requested that the attached agreements be approved to satisfy the Special Use Permit conditions of approval.  The agreements limit activities to school permitted, directed, and sponsored activities and as permitted by the Centennial Neighborhood Settlement Agreement.  These agreements replace the agreements approved by the City Commission on December 9, 2008. 

The agreements are attached for your review. The Settlement Agreement is attached for reference.

Action requested:  Authorize the City Manager to sign the agreements if appropriate.