October 2, 2001

 

            The Board of Commissioners of the City of Lawrence met in regular session at 6:45 p.m., in the City Commission Chambers in City Hall with Mayor Rundle presiding and members Dunfield, Hack, Henry, and Kennedy present.  Doug Raney was introduced as the Lawrence High School Student Representative to the City Commission.

With Commission approval Mayor Rundle proclaimed the week of October 7, 2001, as “The University of Kansas Audio-Reader Network Week”; the month of October 2001, as “Breast Cancer Awareness Month”; and, the month of October 2001, as “Domestic Violence Awareness Month.”

Mayor Rundle acknowledged a letter from Eutin-Sibbersdorf, Germany, one of Lawrence’s Sister Cities, expressing their condolences for the events of September 11, 2001. 

As part of the consent agenda, it was moved by Kennedy, seconded by Hack, to approve the City Commission meeting minutes of September 25, 2001.  Motion carried unanimously.

As part of the consent agenda, it was moved by Kennedy, seconded by Hack, to approve the Neighborhood Resources Advisory Committee meeting minutes of September 13, 2001; the Parks & Recreation Advisory Board meeting minutes of July 10, 2001; and, the Traffic Safety Commission meeting minutes of September 10, 2001.  Motion carried unanimously.

As part of the consent agenda, it was moved by Kennedy, seconded by Hack, to approve claims from 308 vendors in the amount of $1,208,263.07.  Motion carried unanimously.

As part of the consent agenda, it was moved by Kennedy, seconded by Hack, to approve the Drinking Establishment License for Holiday Inn, 200 McDonald Drive (Contingent Upon State License);Henry T’s Bar & Grill, 3520 West 6^th Street; Royal Peking Restaurant, 711 West 23^rd Street; Tellers, 746 Massachusetts; The Yacht Club, 530 Wisconsin (Contingent Upon State License); Brown Bear Brewing Co., 729 Massachusetts (C-3 Zoning Requirement); The Hawk, 1340 Ohio (Contingent Upon State License); Johnny’s Tavern, 410 North 2^nd Street; Pat’s Blue Rib’n Barbeque, 1618 West 23^rd Street (Contingent upon State license); and, Fraternal Order of Eagles, 1803 West 6^th Street; the Retail Liquor License for Jensen Retail Liquor, 620 West 9^th (Contingent Upon State License); and, Cork & Barrel, 2000 W 23^rd Street; the Caterer License for Jayhawk Catering, 2224 Haskell Avenue; the Cereal Malt Beverage License for Bullwinkles, 1344 Tennessee (Contingent Upon Departmental Approval); and, the Taxi Cab License for American Eagle Taxi & Shuttle Service, 4411 Gretchen Court.  Motion carried unanimously.

As part of the consent agenda, it was moved by Kennedy, seconded by Hack, to concur with the recommendation of the Mayor and appoint Mark Tucker to the Bicycle Advisory Board; the appointment ofMike Goans and Scott Henderson to the Board of Zoning Appeals; the appointment of Sherry Girty to the Lawrence Alliance; the appointment of Carrie Moore to the Neighborhood Resources Advisory Committee; and, the appointment of Brad Chindamo to the Lawrence Housing Trust Fund Advisory Board because a recent appointee was moving out of town and therefore, could not accept the appointment.  Motion carried unanimously.

As part of the consent agenda, it was moved by Kennedy, seconded by Hack, to award the bid for foundation repair of 817 Rockledge to Wagner’s Mud-Jacking Co., Inc., in the amount of $15,500.00.  Motion carried unanimously.                                                                     (1)

The City Commission reviewed the bids for an eight (8) passenger van for the Fire/Medical Department.  The bids were:

As part of the consent agenda, it was moved by Kennedy, seconded by Hack, to award the bid for an eight (8) passenger van for the Fire/Medical Department to Laird Noller Motors in the amount of $22,735 because Crown Chevrolet was unable to furnish a vehicle in accordance with the specifications and price quoted in their bid; and, Shawnee Mission Ford did not meet specifications.                                                                                                        (2)

As part of the consent agenda, it was moved by Kennedy, seconded by Hack, to place on first reading Ordinance No. 7432, annexing approximately 2.0 acres, located on the southwest corner of West 6^th Street and East 1000 Road.  Motion carried unanimously.           (3)

As part of the consent agenda, it was moved by Kennedy, seconded by Hack, to place on first reading Ordinance No.  7433, authorizing the sale of non-alcoholic malt beverages at the first annual “Oompahfest” at Holcom Park, 2799 West 27th Street, on October 14, 2001 from 3:00 – 9:00 p.m.  Motion carried unanimously.                                                                              (4)

Ordinance No. 7422 (tract no. 8) annexing approximately 1.0 acre, located east of East 1000 Road and north of West 6^th Street, was read a second time. 

As part of the consent agenda, it was moved by Kennedy, seconded by Hack, to adopt the ordinance.  Aye:  Dunfield, Hack, Henry, Kennedy, and Rundle.   Nay: None.  Motion carried unanimously.                                                                                                                                   (5)

Ordinance No. 7423 (tract no. 9) annexing approximately 0.9 acres, located east of East 1000 Road and north of West 6^th Street, was read a second time. 

As part of the consent agenda, it was moved by Kennedy, seconded by Hack, to adopt the ordinance.  Aye:  Dunfield, Hack, Henry, Kennedy, and Rundle.   Nay: None.  Motion carried unanimously.                                                                                                                                   (6)

Ordinance No. 7424 (tract no. 10) annexing approximately 1.0 acre, located east of East 1000 Road and north of West 6^th Street, was read a second time. 

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

Ordinance No. 7425 (tract no. 11) annexing approximately 3.0 acres, located east of East 1000 Road and north of West 6^th Street, was read a second time. 

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

Ordinance No. 7426 (tract no. 12) annexing approximately 34.4 acres, located east of East 1000 Road and north of West 6^th Street, was read a second time. 

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

Ordinance No. 7427 (tract no. 19) annexing approximately 63.0 acres, located west of East 1000 Road and south of West 6^th Street, was read a second time. 

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

As part of the consent agenda, it was moved by Kennedy, seconded by Hack, to approve the site plan (SP-08-51-01) for the parking lot expansion at Lawrence Memorial Hospital located on the northwest corner of 4^th & Missouri, subject to the following conditions:

1.                  Execution of a Site Plan Performance Agreement;

2.                  Vacation of remainder of the 325’ of Missouri Street, prior to issuance of a building permit for Phase 2;

3.                  Provision of a revised Site Plan to include the following changes;

a.                  Change Michigan Street to Arkansas Street;

b.                  Add “(Private)” to the Missouri Street label to that portion which was vacated by Order 11653;

c.                  Revise lots noted RS-2 to RO-2 on the east side of Maine Street; and,

d.                  Show the minimum parking lot setback along 4^th Street as applicable to new parking lot on the NE corner of Missouri Street and 4^th Street;

Motion carried unanimously.                                                                                                         (11)

As part of the consent agenda, it was moved by Kennedy, seconded by Hack, to approve the Lawrence Public Transit promotional activities to include free Saturday ridership starting November 24, 2001 to December 22, 2001.  Motion carried unanimously.         (12)

As part of the consent agenda, it was moved by Kennedy, seconded by Hack, to receive a request from the Bicycle Advisory Committee to re-form to a joint Lawrence-Douglas County Bicycle Advisory Committee.  Motion carried unanimously.                                (13)

As part of the consent agenda, it was moved by Kennedy, seconded by Hack, to authorize the Mayor to sign a Release of Mortgage for Sean Bergin and Ann Clements, 401 Louisiana.  Motion carried unanimously.                                                                                      (14)

Mayor Rundle informed the City Commission the public hearings concerning the proposed maximum special assessments for 22^nd and Kasold; Crossgate Drive, 24^th Place to 27^th Street; and, 27^th and Crossgate box culvert improvements were deferred because of errors in the publication of the Notice of Public Hearings to the Journal World.                                            (15)

Commissioner Kennedy briefed the City Commission concerning the meeting of the South Lawrence Trafficway (SLT) Task Force. The task force was sending a recommendation to the Planning Commission recommending the alignment of “32B” (relocation of 31^st Street).  He said Baker University was in favor of this approach and would benefit from the alignment.   A study session would take place on October 23, 2001 with the County Commission.  The Planning Commission would then vote on the alignment and would bring their recommendations back to the Douglas County Commission and City Commission for a future vote.                                        

            Commissioner Henry said the Tax Abatement and Economic Development Task Force had its last meeting and would present a report to the City Commission at a study session scheduled for Monday, October 15, 2001, 3:00 p.m. at City Hall.                                                      Mayor Rundle thanked everyone for their part in the “Walk to School” activities. 

            Mike Wildgen, City Manager, informed the City Commission that they were invited to attend a study session with Kansas University Student Senate on November 7, 2001.

            Wildgen informed the City Commission that representatives from the Farmers Market had requested a study session.

            Wildgen informed the City Commission that a matter concerning DCDI and API Foils Tax Abatement was resolved.

            Arthur Schmidt, 2513 Harper, had a concern about loud amplification of car radios in the Prairie Park area.  He suggested the City Commission ban car radios.

            Mayor Rundle asked Wildgen how the Police Department dealt with the speed of vehicles in the Prairie Park Area.  Wildgen said the Police Department did periodic enforcement.  He said the City had an Ordinance concerning loud sound amplification systems.

            Rundle suggested prohibiting certain types of car speakers.

            David Corliss, Assistant City Manager/Legal Services Director, said the City adopted an Ordinance approximately two years ago concerning loud sound amplification systems which prohibited the operation of any type of amplification device that could be heard fifty feet away from the vehicle and carried a fine of $50.00.  Municipal Court reports show this Ordinance is enforced.   An Ordinance prohibiting certain types of car speakers would not be an acceptable or reasonable law.  The problem was not the stereo itself, but having the stereo loud enough to be heard far away.  Corliss said he would prepare a letter outlining the history of this Ordinance and would advise the Police Department of the continuing concerns of this location. He said the City needed to recognize the limitations on laws the City could adopt.

            Schmidt had a concern about the number of unrelated persons living in single-family dwellings in the Prairie Park area.

            Corliss said Prairie Park was zoned RS-2.  If four individuals were living in a dwelling, they would need to be related or would be in violation of the Zoning Ordinance.

            Moved by Dunfield, seconded by Kennedy, to adjourn at 7:20 p.m.   Motion carried unanimously.

                                                                                    APPROVED:

                                                                        _____________________________

Mike Rundle, Mayor

ATTEST:

 

___________________________________                                                                       

Frank S. Reeb, City Clerk

COMMISSION MEETING OCTOBER 2, 2001

1.                  Bid – Foundation repair, 817 Rockledge to Wagner’s Mud-Jacking for $15,500.

2.                  Bid – 8 Passenger Van, Fire/Med, Laird Noller Motors for $22,735.

3.                  Ordinance No. 7432 – Annex, 2 acres, SW corner of W 6^th & E 1000 Rd.

4.                  Ordinance No. 7433 – Temporary sale of Non-Alcoholic Malt Beverages at Holcomb Park, 2799 W 27^th, Oct 14, 2001.

5.                  Ordinance No. 7422 – 2^nd Reading, Annex tract no. 8, 1.0 acres, E of E 1000 Rd (Queen’s Rd) & N of W 6^th.

6.                  Ordinance No. 7423 – 2^nd Reading, Annex tract no. 9, .09 acres, E of E 1000 Rd (Queen’s Rd) & N of W 6^th.

7.                  Ordinance No. 7424 – 2^nd Reading, Annex tract no. 10, 1.0 acres, E of E 1000 Rd (Queen’s Rd) & N of W 6^th.

8.                  Ordinance No. 7425 – 2^nd Reading, Annex tract no. 11, 3.0 acres, E of E 1000 Rd (Queen’s Rd) & N of W 6^th.

9.                  Ordinance No. 7426 – 2^nd Reading, Annex tract no. 12, 34.4 acres, E of E 1000 Rd (Queen’s Rd) & N of W 6^th.

10.              Ordinance No. 7427 – 2^nd Reading, Annex tract no. 19, 63.0 acres, W of E 1000 Rd (Queen’s Rd) & S of W 6^th.

11.              Site Plan – (SP-08-51-01) Parking lot expansion, LMH, NW corner of 4^th & Missouri.

12.              Transportation – Lawrence Public Transit, free Saturday ridership on Nov. 24 to Dec. 22.

13.              Bicycle Advisory Committee – Re-form to joint Lawrence-Douglas Cnty Bicycle Advisory Committee.

14.              Mortgage Release – 401 Louisiana, Sean Bergin & Ann Clements.

15.              Special Assessment Public Hearing – Deferred.