Meeting Information
-Convene
-Pledge of Allegiance
-Consider approval of minutes of <1/2xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com:office:smarttags" />November 17, 2004
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders
(b) Consider approval of resolutions approving cereal malt beverage licenses (Patty
Jaimes)
(c) Consider approval of Notice to Townships (Patty Jaimes)
(d) Consider approval of Occupational Licenses (Patty Jaimes)
(e) Consider approval of Cost of Living Increase (Pam Madl)
(f) Consider approval of microfilm contracts (Pam Madl)
(g) Consider approval of purchase of tractor and dump truck for Public Works (Jackie Waggoner)
REGULAR AGENDA
Jones called the meeting to order at 6:35 P.M. on Wednesday, December 15, 2004 with all members present. The Pledge of Allegiance was recited.
Jones moved approval of the minutes of November 17, 2004; Johnson seconded, and the motion carried unanimously.
CONSENT AGENDA 12-15-04
McElhaney moved approval of the following Consent Agenda:
- Approve Commissioners Order Nos. 5278, 5279, 5280 and 5281. Orders are on file in the office of the County Clerk;
- Approve Resolution No. 04-37 granting a beer license to Eudora Riverview Golf, Inc.;
- Approve Resolution No. 04-38 granting a beer license to Zarco, Inc.;
- Approve Resolution No. 04-39 granting a beer license to Baldwin Junction Enterprises;
- Approve Resolution No. 04-40 granting a beer license to Flamingo Catering;
- Approve Resolution No. 04-41 granting a beer license to The Bird of Lawrence, Inc.;
- Approve Resolution No. 04-42 granting a beer license to Cecil Monday's Bar & Grill;
- Authorize Notice to Clinton Township for Jerk Water Grill and Clinton Marina;
- Approve Occupation Licenses to The Bird of Lawrence and Little Reno, Inc., d/b/a Paradise Saloon;
- Approve Cost of Living Increase in the amount of 2% for the fiscal year 2005;
- Approve contract for microfilming services for the Register of Deeds Office to Imaging Solutions;
- Approve contract for microfilming services for all other county offices to Microfilm and Imaging of Kansas City; and
- Authorize accessing the Houston Galveston Area Council Cooperative Purchasing Program to purchase one (1) tractor and one (1) dump truck with spreader and snow plow in the amount of $219,747 through Houston Freightliner.
Motion was seconded by Jones and carried unanimously.
PLANNING 12-15-04
The Board considered Item No. 1 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated November 17, 2004. This item is PF-10-32-04: Final Plat for Red Tail Ridge, a proposed 12-lot single-family rural residential subdivision containing approximately 65 acres located west of E 1200 Road, east of E 1100 Road, and south of N 1000 Road. Submitted by Landplan Engineering, P.A., for Rodney J. and Mary M. Barnes, property owners of record. Sheila Stogsdill, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented this item. This item comes to the Board with a recommendation for acceptance of easements and rights-of-way, subject to the following conditions:
1. Provision of the following fees and recording documentation:
a. Current copy of paid property tax receipt at the time of submittal of the final plat for filing;
b. Recording fees made payable to the Douglas County Register of Deeds; and
2. Pinning of the lots in accordance with Section 21-302.2;
3. Correct name of County Commission Chair from Bob Johnson to Charles Jones;
4. Provision of an executed agreement between the property owner and Health Department regarding water supply that will be filed with the final plat and become a covenant running with the land;
5. Provide a note on the face of the plat that provides the book and page reference for the water supply agreement; and
6. Provide a note on the face of the plat that restricts Lot 1, Block 1 and Lot 1, Block 2 from direct access to N 1000 Road. Access for these lots is from E 1167 Road.
After discussion, Jones moved approval of PF-10-32-04: Final Plat for Red Tail Ridge, subject to the above conditions. Motion was seconded by McElhaney and carried unanimously.
PLANNING 12-15-04
The Board noted receipt of a recommendation from the Planning Commission regarding MM-10-01-04: Consider rescinding Minimum Maintenance Road designation for a portion of E 650 Road (0.1 mile) between N 1590 and N 1600 Roads in Kanwaka Township. At their meeting on November 17, 2004, the Planning Commission voted unanimously to approve the request to rescind the Minimum Maintenance road status as recommended by Kanwaka Township and forward it to the County Commission with a recommendation for approval. Jones made a motion to receive the Planning Commission's recommendation and directed staff to schedule the public hearing. Motion was seconded by McElhaney and carried unanimously.
PLANNING 12-15-04
The Board considered Item No. 6 of the Lawrence-Douglas County Metropolitan Planning Commission minutes dated November 17, 2004. This item is TA-01-04- 04: Consider a text amendment to the County Zoning Regulations to permit limited excavation businesses through a Conditional Use Permit. Sheila Stogsdill, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented this item. Stogsdill explained that this text amendment was brought about in response to the denial of a rezoning request (Z-03-12-04) for a rural home business which provides excavation services for rural water, electrical, and gas utilities. The company's office, storage yard, and equipment are located within the A (Agricultural) Zoning District. The rezoning request was for I-2 (Light Industrial) Zoning. It would have constituted a spot zoning of the property and was recommended for denial by the Planning Commission and subsequently deferred by the County Commission on May 19, 2004.
The proposed Text Amendment was developed to allow for construction, maintenance and repair businesses that provide services primarily to utility companies to be able to locate within the "A" Agricultural District, subject to approval of the County Commission.
This item comes to the Board with a unanimous recommendation for approval.
Jones questioned whether there were any loopholes in the language that might allow all contractors with excavation equipment to locate within the "A" Agricultural District. Jones then requested that the County Counselor review the proposed changes and make changes if necessary. No action was taken.
PUBLIC WORKS 12-15-04
The Board conducted a public hearing regarding the formation of the Hesper Charter Road Improvement District.
Kurt von Achen, representing the Eudora Planning Commission, stated that the City of Eudora has no objection to the creation of this district.
No other public comment was received. Jones made a motion to close the public hearing, seconded by Johnson and carried unanimously.
Jones then made a motion to approve Home Rule Resolution No. HR-04-12-3 creating the Hesper Charter Road Improvement District, Douglas County, Kansas. Motion was seconded by Johnson and carried unanimously.
SEWER DISTRICTS & PUBLIC WORKS 12-15-04
The Board noted receipt of a petition to create the "Brink -- County Sewer District No. 1" Benefit District. Keith Browning, Director of Public Works/County Engineer, explained that the proposed sewer benefit district consists of approximately 160 acres in the northwest quadrant of the US 40 Highway/SLT Intersection and approximately 18 acres on the east side of the SLT north of US 40 Highway.
Improvements desired by the petitioner include a gravity sewer under the SLT serving the property on the east side of the SLT, a sewer pump station situated on the west side of the SLT, and a force main from the proposed pump station to the existing Baldwin Creek No. 1 pump station. Currently, the Baldwin Creek No. 1 pump station pumps effluent south into the Yankee Tank No. 3 basin.
The area included in the petition for the Brink -- County Sewer District No. 1 is a portion of a larger basin that naturally flows north and east to the Kansas River. The City of Lawrence's Wastewater Master Plan indicates effluent from this basin should eventually flow north and east to the existing wastewater treatment plant.
Phil Struble, Civil Engineer, LandPlan Engineering, made brief comments on behalf of the applicant.
Jones stated he would not support the request if it is not supported by the City of Lawrence.
Struble asked that the Board receive the petition and direct him to work with City staff and provide a proposed outline of an engineering study for review by the Board.
Jones made a motion to receive the petition creating the Brink -- County Sewer District No. 1 Benefit District. Motion was seconded by Johnson and carried unanimously.
PURCHASING & COURTHOUSE 12-15-04
The Board discussed proposals received for consulting services for the preservation and maintenance of the Douglas County Courthouse. Jackie Waggoner, Purchasing Agent, explained that during a cleaning and restoration project of the Courthouse in the past year, the County became aware of external stonework and structural issues that need to be addressed. There were identified portions of the structure that could pose a safety risk and steps were taken immediately to eliminate those risks. The next step was to contract with a structural engineer to perform a condition assessment and develop a multi-year preservation plan.
Three qualified engineers with experience and expertise with old stone buildings were selected to solicit proposals. Prior to the solicitation it was determined that the contractor would be responsible for performing a condition assessment, developing a preservation plan, developing specifications and drawings, and preparing a grant application.
Proposals were received from DGM Consultants and Treanor Architects. Following the interview process, the selection committee determined that it would be beneficial to combine the expertise and knowledge of both firms. Treanor Architects was asked to represent as the contracting firm and DGM Consultants serving as consultants to Treanor Architects.
It became apparent that determining the cost for developing specifications and drawings before the condition assessment was completed is virtually impossible. In the phase of developing specifications and drawings, the awarded contractor is expected to assist in the pre-qualification of bidders, assist in the evaluation and selection process, and oversee the project for quality assurance. Treanor was asked to propose charges expressed as a percentage of the construction cost for this phase. The percentage ranged from 12-18% depending on the scope. These percentages can be narrowed as the scope is better defined. Treanor Architects, P.A., submitted a proposal of $48,480 which includes reimbursable and other expenses. These services would be paid from the Special Building Fund.
Jones stated he would like to make sure that the County owns the work product and directed staff to include that in the contract.
Jones then made a motion to approve the expenditure in the amount not to exceed the recommended budget of $48,480 submitted by Treanor Architects, P.A., and authorize the County Administrator to begin negotiations and execute the contract after consultation with the Chair. Motion was seconded by Johnson and carried unanimously.
BUDGET 12-15-04
Conducted public hearing regarding amendments to the 2004 budget. No comments were received. Jones made motion to close the public hearing, seconded by Johnson and carried unanimously.
Jones then made a motion to amend the 2004 budget as follows:
Fund
Increase in Budget
Major Reason
General
$970,441
Increase in sales tax collections and mortgage registration fees
Community College Tuition
$13,000
Increase in motor vehicle taxes and delinquent taxes
Employee Benefits
$88,731
Increase in beginning fund balance, delinquent tax and motor vehicle tax
Grants
$400,000
Required to amend budget by grant $ spent
Special Law Enforcement Trust
$75,000
Required to amend budget by funds spent
Motion was seconded by Johnson and carried unanimously.
MISCELLANEOUS 12-15-04
The Board discussed management audit possibilities. No action was taken.
ACCOUNTS PAYABLE 12-15-04
Johnson moved approval of accounts payable in the amounts of $586,709.25 to be paid 12/06/04 and $269,815.75 to be paid 12/13/04; accounts payable manual checks in the amount of $1,368.24; District Attorney longevity payroll in the amount of $9,000.00; electronic funds transfers in the amounts of $543.93 for FICA and $296.05 for KPERS to be paid 12/03/04; payroll in the amount of $631,582.28; electronic funds transfers in the amounts of $45,670.53 for FICA and $39,642.06 for KPERS to be paid 12/10/04. Motion was seconded by Jones and carried unanimously.
APPOINTMENTS 12-15-04
McElhaney made a motion to appoint Douglas J. Berg, 1002 E. 850 Road, Lawrence, KS to the Douglas County Fair Board representing Clinton Township for a one-year term which shall expire January 31, 2006. It should be noted that Mr. Berg will be eligible to serve five (5) additional one-year terms. It should also be noted that Mr. Berg replaces Ron Baker who was not eligible for reappointment. Motion was seconded by Johnson and carried unanimously.
Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.
______________________________ ________________________________
Charles Jones, Chairman Bob Johnson, Member
ATTEST:
______________________________ ________________________________
Patty Jaimes, County Clerk Jere McElhaney, Member
Time and Date