September 11, 2001

 

The Board of Commissioners of the City of Lawrence met in regular session at 6:35 p.m., in the City Commission Chambers in City Hall with Mayor Rundle presiding and members Dunfield, Hack, Henry, and Kennedy present.

Mayor Rundle began the session by asking for a moment of silence for the victims in the tragic events in New York City and Washington, D.C.  The Mayor also extended the Commission’s condolences to the families and friends of those who lost their lives in today’s tragedy.

With Commission approval, Mayor Rundle proclaimed the week of September 10-14, 2001, as “Lawrence Literacy Week”; Friday, September 21, 2001, as “POW/MIA Recognition Day”; the week of September 16-22, 2001 as “POW/MIA Recognition Week”; the week of October 7-13, 2001, as “Kansas Family and Community Education Week” and, Thursday, October 11, 2001, as “A Day In My Community.”              

As part of the consent agenda, it was moved by Henry, seconded by Hack, to approve the City Commission meeting minutes of August 28, 2001, and September 4, 2001.  Motion carried unanimously.

As part of the consent agenda, it was moved by Henry, seconded by Hack, to approve the Board of Zoning Appeals meeting minutes of August 2, 2001; and, the Sign Code Board of Appeals meeting minutes of August 2, 2001.  Motion carried unanimously.

As part of the consent agenda, it was moved by Henry, seconded by Hack, to approve claims in the amount of $3,946,867.85 (283 vendors) and payroll from August 26, 2001 to September 8, 2001 in the amount of $1,222,348.64.  Motion carried unanimously.

As part of the consent agenda, it was moved by Henry, seconded by Hack, to approve the Drinking Establishment License for West Side Deli & Market, 4931 West 6^th, No. 106 – New License (Contingent Upon State License).  Motion carried unanimously.

As part of the consent agenda, it was moved by Henry, seconded by Hack, to concur with the recommendation of the Mayor and reappoint Joe Flannery and Terry Sutcliffe to the Downtown Parking Advisory Board; and, appoint Wayne Kruse to the Sesquicentennial Commission.  Motion carried unanimously.

As part of the consent agenda, it was moved by Henry, seconded by Hack,to approve change orders for airport improvement projects for a net additional cost of $29,475.64.  Motion carried unanimously.                                                                                                                      (1)

As part of the consent agenda, it was moved by Henry, seconded by Hack, to place on first reading Ordinance No. 7409 (tract no. 20), annexing approximately 20.45 acres, west of East 1000 Road (Queen’s Road) and south of West 6^th Street.  Motion carried unanimously.    (2)

As part of the consent agenda, it was moved by Henry, seconded by Hack, to place on first reading Ordinance No. 7410 (tract no. 21), annexing approximately 16.8 acres, west of East 1000 Road (Queen’s Road) and south of West 6^th Street.  Motion carried unanimously.                (3)

As part of the consent agenda, it was moved by Henry, seconded by Hack, to place on first reading Ordinance No. 7411 (tract no. 25), annexing approximately 39.9 acres, east of George Williams Way and north of West 15^th Street.  Motion carried unanimously.                    (4)

As part of the consent agenda, it was moved by Henry, seconded by Hack, to place on first reading Ordinance No. 7412 (tract no. 24 & 26), annexing approximately 61.25 acres, east of George Williams Way and north of West 15^th Street.  Motion carried unanimously.                (5)

As part of the consent agenda, it was moved by Henry, seconded by Hack, to place on first reading Ordinance No. 7413, making the intersection of 10^th and New Hampshire a permanent four-way stop.  Motion carried unanimously.                                                              (6)

Ordinance No. 7403, annexing approximately 2.5 acres, northeast corner of West 6^th street and East 1000 Road (Queens Road) was read a second time. 

As part of the consent agenda, it was moved by Henry, seconded by Hack,to adopt the ordinance.  Aye:  Dunfield, Hack, Henry, Kennedy, and Rundle.   Nay: None.  Motion carried unanimously.                                                                                                                                   (7)

Ordinance No. 7404, annexing approximately 3.1 acres, southeast corner of West 6^th Street and East 1000 Road (Queen’s Road) was read a second time. 

As part of the consent agenda, it was moved by Henry, seconded by Hack, to adopt the ordinance.  Aye:  Dunfield, Hack, Henry, Kennedy, and Rundle.   Nay: None.  Motion carried unanimously.                                                                                                                                   (8)

Ordinance No. 7405, annexing approximately 5.0 acres, southwest corner of West 6^th Street and East 1000 Road (Queen’s Road) was read a second time.

As part of the consent agenda, it was moved by Henry, seconded by Hack, to adopt the ordinance.  Aye:  Dunfield, Hack, Henry, Kennedy, and Rundle.   Nay: None.  Motion carried unanimously.                                                                                                                                   (9)

Ordinance No. 7406, annexing approximately 60.0 acres, northwest corner of West 6^th Street and East 1000 Road (Queen’s Road) was read a second time. 

As part of the consent agenda, it was moved by Henry, seconded by Hack, to adopt the ordinance.  Aye:  Dunfield, Hack, Henry, Kennedy, and Rundle.   Nay: None.  Motion carried unanimously.                                                                                                                                 (10)

Ordinance No. 7407, annexing approximately 20.0 acres west of East 1000 Road (Queen’s Road) and north of West 6^th was read a second time.

As part of the consent agenda, it was moved by Henry, seconded by Hack, to adopt the ordinance.  Aye:  Dunfield, Hack, Henry, Kennedy, and Rundle.   Nay: None.  Motion carried unanimously.                                                                                                                                 (11)

As part of the consent agenda, it was moved by Henry, seconded by Hack, to adopt Resolution No. 6332, amending Resolution No. 6305 clarifying that improvements to Clinton Place are included in the project description for this benefit district project.  Motion carried unanimously.                                                                                                                                          (12)

As part of the consent agenda, it was moved by Henry, seconded by Hack, to authorize the City Manager to execute an engineering design contract with Professional Engineering Consultants for Clinton Parkway and Lawrence Avenue Traffic Signal Improvements in the amount of $13,100.00.  Motion carried unanimously.                                                               (13)

As part of the consent agenda, it was moved by Henry, seconded by Hack, to authorize the Mayor to sign a Release of Mortgage for Jerry and Kristi Divine, 1926 Maple Lane.  Motion carried unanimously.                                                                                                        (14)

As part of the consent agenda, it was moved by Henry, seconded by Hack, to accept the dedication of right-of-way from USD No. 497 for extension of Wakarusa north of Overland Drive; and, authorize the City dedication of right-of-way for this extension on City owned property.  Motion carried unanimously.                                                                                           (15)

The City Commission reviewed the bids for general obligation/temporary notes, Series 2001-II, in the amount of $2,735,000.  The bids were: 

Moved by Kennedy, seconded by Hack, to approve the bid of UMB Bank, N.A., at an average annual net interest rate of 2.724043% for general obligation/temporary notes, Series 2001-II, in the amount of $2,735,000.  Motion carried unanimously.                                (16)

Moved by Kennedy, seconded by Hack, to approve Resolution No. 6334, authorizing the issuance and delivery of $2,735,000 of general obligation/temporary notes, Series 2001-II.  Motion carried unanimously.                                                                                                         (17)  

The City Commission reviewed the bids for general obligation/temporary notes, Series 2001-III, in the amount of $1,710,000.  The bids were: 

Moved by Kennedy, seconded by Hack, to approve the bid of Commerce Bank, N.A., at an average annual net interest rate of 2.746094% for general obligation/temporary notes, Series 2001-III, in the amount of $1,710,000.  Motion carried unanimously.                   (18)

Moved by Kennedy, seconded by Hack, to approve Resolution No. 6335, authorizing the issuance and delivery of $1,710,000 of general obligation/temporary notes, Series 2001-III.  Motion carried unanimously.                                                                                                         (19)  

The City Commission reviewed the bids for temporary notes, Series 2001-IV, in the amount of $310,000.00.  The bids were: 

Moved by Kennedy, seconded by Hack, to approve the bid of Country Club Bank, N.A. at an average annual net interest rate of 2.820745% for temporary notes, Series 2001-IV, in the amount of $310,000.  Motion carried unanimously.                                                                      (20)

Moved by Kennedy, seconded by Hack, to approve Resolution No. 6336, authorizing the issuance and delivery of $310,000 of temporary notes, Series 2001-IV.  Motion carried unanimously.                                                                                                                                 (21)  

The City Commission reviewed the bids for general obligation bonds, Series 2001-B, in the amount of $1,420,000.  The bids were: 

Moved by Kennedy, seconded by Hack, to approve the bid of Country Club Bank, N.A. at an average annual net interest rate of 4.090377% for general obligation bonds, Series 2001-B, in the amount of $1,420,000.  Motion carried unanimously.                                                                (22)

  Moved by Kennedy, seconded by Hack, to approve Resolution No. 6337, authorizing the issuance and delivery of $1,420,000 of general obligation bonds, Series 2001-B.  Motion carried unanimously.                                                                                                                  (23)

The City Commission declared an emergency to adopt on first and second reading, Ordinance No. 7414, issuing $1,420,000 in principal amount of general obligation bonds, Series 2001.

Moved by Kennedy, seconded by Hack, to declare an emergency to adopt on first and second reading, Ordinance No. 7414, issuing $1,420,000 in principal amount of general obligation bonds, Series 2001.  Motion carried unanimously.                                                     (24)

  Mayor Rundle called a public hearing on the proposed use of Local Law Enforcement Block Grant (LLEBG) funds.

Mike Wildgen, City Manager, presented a report from Ronald Olin, Chief of Police, on the proposed use of Local Law Enforcement Block Grant (LLEBG) funds.

Upon receiving no public comment, it was moved by Henry, seconded by Hack, to close the public hearing.  Motion carried unanimously.                                       

Moved by Kennedy, seconded by Dunfield, to approve the use of Local Law Enforcement Block Grant funds.  Motion carried unanimously.                                                      (25)

David Corliss, Assistant City Manager, presented the revised draft Memorandum of Understanding between the University of Kansas and the City concerning the Historic Preservation Review.  Corliss stated that the revisions clarify that when the University’s Campus Historic Preservation Board reviews a review and determination of the City’s Historic Resources Commission (i.e., for all projects which are located on property not titled to the State of Kansas) such review will be accomplished within a reasonable period of time, ordinarily 30 days. 

Similarly, when the City’s Historic Resources Commission reviews a review and determination of the University’s Campus Historic Preservation Board (i.e., for all projects which are located on property which is titled to the State of Kansas), such review will be accomplished within a reasonable period of time, ordinarily 30 days.

Corliss explained that both of these clarifications allow for flexibility in the reviewing process, in the event of a lack of information or to review and consider developing options. 

Corliss also explained the proposed Memorandum of Understanding allows the joint committee of the Campus Historic Preservation Board and the Historic Review Commission to “allow for public comment as the committee members agree is appropriate.”

Janet Gerstner, 1101 Ohio, Secretary of the Oread Neighborhood Association, said the Association is pleased that the City and the University are working together on the Memorandum of Understanding.  Gerstner also stated that, while the Association was generally pleased, the Association did have some concerns.  Those concerns included apparent differences between the University and the City regarding environs and boundaries, scope of project differences, and the University not committing to a public hearing.  However, she also stated the Association felt the environ and boundary concerns could be resolved administratively.

Dennis Enslinger, Planner, agreed that the Association’s concerns most likely could be resolved administratively.

Moved by Dunfield, seconded by Kennedy, to approve the Memorandum of Understanding between the University of Kansas and the City concerning the Historic Preservation Review and authorize the City Manager to execute the memorandum.  Motion carried unanimously.                                                                                                                           (26)

The Commission agreed to defer for one week, at the request of the property owner of record, Schuyler Lister, the rezoning recommendation for the property located at 1201 East 13th Street.                                                                                                                                                      (27)

David Corliss, Assistant City Manager, presented the staff report on the Westwood Hills and Baldwin Creek No. 2 sanitary sewer improvements and benefit district.  He explained the City’s benefits to work with the County, through the proposed Cooperation Agreement, regarding these projects.  Corliss also explained the rationale of the City’s “at-large participation”, through the Utility Department, in this project. 

Phil Struble, Landplan Engineering, P.A. also explained that there should be future savings “down the road” if these projects are allowed to proceed as presented. 

Moved by Henry, seconded by Kennedy, to authorize the City Manager to execute a final version of the agreement, and to proceed with the establishment of a City sanitary sewer benefit district for the Westwood Hills area.  Motion carried unanimously.                                  (28)

David Corliss, Assistant City Manager, presented the staff report on House Substitute for Senate Bill 332.  Corliss explained this state legislation imposes a clean drinking water fee on municipal water supply systems at a rate of $.03 per 1,000 gallons of water sold at retail.  The legislation also creates a sales tax exemption for a public water supply system’s purchases of tangible personal property and services.  Corliss explained the legislation further allows a municipal water supply system to opt out of the clean drinking water fee by giving notice to the State before October 1, 2001.  However, if a municipality opts out of the fee, it would also not be eligible for the sales tax exemption.  Corliss explained staff’s recommendation that the City not opt out of the new drinking water fee. 

Moved by Rundle, seconded by Kennedy, to authorize staff to not opt out of the clean drinking water fee.  Motion carried unanimously.                                                                         (29)

Moved by Kennedy, seconded by Hack, to adjourn at 7:40 p.m.   Motion carried unanimously.

 

 

                                                                                    APPROVED:

                                                                        _____________________________

Mike Rundle, Mayor

ATTEST:

 

___________________________________                                                                       

Frank S. Reeb, City Clerk

COMMISSION MEETING SEPTEMBER 11,  2001

 

1.                  Change Order – Airport Improvement Project for an additional $29,475.64.

2.                  Ordinance No. 7409 – 1^st Reading, Annex, 20.45 acres, W of E 1000 Rd & S of W 6^th.

3.                  Ordinance No. 7410 – 1^st Reading, Annex, 16.8 acres, W of E 1000 Rd & S of W 6^th.

4.                   Ordinance No. 7411 – 1^st Reading, Annex, 39.9 acres, E of George Williams Way & N of W 15^th.

5.                  Ordinance No. 7412 – 1^st Reading, Annex 61.25 acres, E of George Williams Way & N of W 15^th.

6.                  Ordinance No. 7413 – 1^st Reading, 4 way stop at 10^th & New Hamp. 

7.                  Ordinance No. 7403 – 2^nd Reading, annex 2.5 acres, NE corner of W 6^th & E 1000 Rd (Queens Rd.)

8.                  Ordinance No. 7404 – 2^nd Reading, annex 3.1 acres, SE corner of W 6^th & E 1000  (Queens Rd.)

9.                  Ordinance No. 7405 – 2^nd Reading, annex 5.0 acres, SW corner of W 6^th & E 1000 Rd (Queens Rd.)

10.              Ordinance No. 7406 – 2^nd Reading, annex 60.0 acres, NW corner of W 6^th & E 1000 Rd (Queens Rd.)

11.              Ordinance No. 7407 – 2^nd Reading, annex 20.0 acres, W of E 1000 Rd (Queens Rd.) & N of W 6^th.

12.              Resolution No. 6332 – Amend Res. No. 6305, clarify improvements to Clinton Pl.

13.              Engineering Design Contract – Professional Engineers for Clinton Pkwy & Lawrence Ave Traffic Signal Improvements for $13,100. 

14.              Mortgage Release – 1926 Maple Lane, Jerry & Kristi Divine.

15.              Dedication of R-O-W – USD No. 497, extension of Wakarusa N of Overland Dr.

16.              GOB/Temp Note Bid – Series 2001-II, $2,735,000.

17.              Resolution No. 6334 – Authorize issuance & delivery $2,735,000 of GOB/Temp Notes, Series 2001-II.

18.              GOB/Temp Note Bid – Series 2001-III, $1,710,000.

19.              Resolution No. 6335 – Authorize issuance & delivery $1,710,000 of GOB/Temp Notes, Series 2001-III.

20.              Temp Note Bid – Series 2001-IV, $310,000.

21.              Resolution No. 6336 – Authorize issuance and delivery $310,000 in Temp Notes.

22.              GOB – Series 2001-B, $1,420,000.

23.              Resolution No. 6337 – GOB Sale, $1,420,000.

24.              Ordinance No. 7414 – 1^st/2^nd Reading, Declare emergency, approve sale of $1,420,000 in GOB, Series 2001.

25.              Local Law Enforcement Block Grant Fund.

26.              Memorandum of Understanding – KU and City, Historic Preservation Review.

27.              Rezone – (Z-06-23-01) 6,532 sq. ft., C-4 to C-1, 1201 E 13^th. (Defer 1 week)

28.              Sanitary Sewer Improvements – Westwood Hills & Baldwin Creek No. 2.

29.               Sales Tax – New State Laws, purchase of goods & services for water utility services & enacting clean water fee.