Commission Board Meeting on Wed, May 23, 2007 - 6:00 PM


Meeting Information

6:00 P.M. -Executive Session for the purpose of consultation with attorney on matters which would be deemed privileged under the attorney-client relationship. The justification is to maintain attorney client privilege on a matter involving Douglas County.

6:35 P.M.
-Convene
-The Pledge of Allegiance
-Proclamation-Douglas County Relay for Life Week-June 3-9, 2007 (Debbie Bott & Tina Yates)

CONSENT AGENDA
(1) (a) Consider approval of Commission Orders;
(b) Consider approval of Cereal Malt Beverage License Notice to Townships for Area Management Corp. for consumption on the premises at 1423 East 900 Road (Marni Penrod); and Cereal Malt Beverage License to Pipeline Special Event (Wakarusa Festival) on the premises at 798 N 1415 Road on June 6-10, 2007 only; and Up and Under on the premises at 1329 E 800 Road; and
(c) Approval of Annual Review of Solid Waste Management Plan (Keith Browning)

REGULAR AGENDA
(2) Consider Resolution of the Board of County Commissioners of Douglas County, adopting the City of Lawrence Neighborhood Revitalization Plan and Program for 8th and Pennsylvania District (Evan Ice)

(3) Approve construction contract for Route 438 overlay (Keith Browning)

(4) Approval of 5-year plan submittal to KDOT for Federally Funded Projects (Keith Browning)

(5) Consider approval of Public Fireworks Display Permit, Class B on June 30, 1007 at 1036 E 1326 Road, Lawrence, Kansas (Keith Dabney)

(6) Other Business
(a) Consider approval of Accounts Payable (if necessary)
(b) Appointments
(c) Miscellaneous
(d) Public Comment

(7) Adjourn

 

Johnson called the meeting to order at 6:00 p.m. on Wednesday, May 23, 2007 with two members present. McElhaney was absent. Johnson moved for the board to recess into executive session for 30 minutes for the purpose of a consultation with the County Counselor on matters which would be deemed privileged under the attorney-client relationship. The justification is to maintain attorney-client privilege on a matter involving Douglas County. The motion was seconded by Jones and carried 2-0. Also present for the meeting were: Evan Ice, County Counselor; Keith Browning, Director of Public Works; and Craig Weinaug, County Administrator. At 6:30 p.m., Johnson moved to return the Board to regular session. Jones seconded the motion and it carried 2-0. No action was taken. McElhaney arrived at 6:30 p.m.

PROCLAMATION 05-23-07
Debbie Bott, Co-Chair for the Relay for Life Committee for Douglas County, read a Proclamation proclaiming the week June 3-9, 2007 as "Relay for Life Week." Johnson moved approval of the Proclamation as read; McElhaney seconded and the motion carried 3-0.

CONSENT AGENDA 05-23-07
Jones moved approval of the following Consent Agenda:

►  Commission Order Nos. 07-127 and 07-131(on file in the office of the County Clerk);
►  Township notification for Area Management Corp. to sell Cereal Malt Beverages on the premises at 1423 East 900 Road;
►  Resolution 07-16 for Cereal Malt Beverage License to Pipeline Productions Special Event (Wakarusa Festival) on premises located at 798 N 1415 Rd, Lawrance, KS on June 6-10, 2007; and Resolution 07-17 for Cereal Malt Beverage License to Up and Under on the premises located at 1329 E 800 Rd, Lawrence, KS;
►  Adoption of the report of the 2007 Annual Review of the Douglas County/Jefferson Counties Regional Solid Waste Management Plan; and
 ►  Fee Receipts for April 2007 and additional receipts for February and March 2007.
 
The motion was seconded by McElhaney and carried 3-0.

NEIGHBORHOOD REVITALIZATION 05-23-07  
The Board considered approval of Resolution 07-18 of the Board of County Commissioners of Douglas County, adopting the City of Lawrence Neighborhood Revitalization Plan and Program for 8th and Pennsylvania District.

Johnson moved to open the public hearing to receive comment. Jones seconded and the motion carried 3-0. No comment was offered. Jones moved to close the public hearing; McElhaney seconded and the motion carried 3-0.


Jones moved to adopt Resolution 07-18, a Resolution of the Board of County Commissioners of Douglas County, adopting the City of Lawrence Neighborhood Revitalization Plan and Program, 8th and Pennsylvania District. The motion was seconded by McElhaney and carried 3-0.

PUBLIC WORKS 05-23-07
The Board considered bids for asphalt overlay on Route 438, DGCO Project No. 2007-5 (formerly Project No. 2002-16, Phase 2). Keith Browning, Director of Public Works, was present for discussion. Bids were opened on May 11, 2007 for asphalt overlay of Route 438 between K-10 and E 1200 Road (Kasold Drive). Base course paving of 4'-wide shoulders for this section of Route 438 was completed last summer at a cost of $83,034.35. This phase will overlay the existing traveled lanes with 3"-4" of asphalt and place a resurface course of asphalt on the new shoulders. The project includes full pavement replacement within 75 feet each side of the bridge located approximately 3/4 mile west of Route 7 (E 1150 Road) and AB-3 aggregate shouldering from approximately E 880 Road to E 1200 Road. Four bids were received:

Bidder                                         Total
Bettis Asphalt & Construction      $553,301.00
LRM Industries, Inc.                    $565,092.15
Asphalt Enterprises Co.               $592,655.24
Hamm, Inc.                                 $599,900.55

The contract documents include a price adjustment factor tied to KDOT's Monthly Asphalt Price Index. The adjustment fact will increase or decrease the asphaltic concrete by $0.50/ton for each $10.00/ton increase or decrease.

Jones questioned how the bids compares to last year. Browning stated the price was less expensive this year due to a fluxation in asphalt costs.

McElhaney moved to accept the low bid in the amount of $553,301.00 from Bettis Asphalt & Construction to construct Project No. 2007-5, asphalt overlay of Route 438 between K-10 and E 1200 Road (Kasold Drive), and authorize the Public Works Director to approve change orders up to 5% of the construction contract amount. The motion was seconded by Jones and carried 3-0.

PUBLIC WORKS 05-23-07
The Board conducted a public hearing on the Five-Year Plan for federally funded projects to be submitted to KDOT for 2007-2011:

- Replacement of Route 442 bridge over Captain Creek just west of Johnson County line (currently under construction with target completion date of September 2007).
- Replacement of Route 1023 bridge over Rock Creek located at 06.97N-01.00E (plans complete; scheduled for January 2008 bid opening).

- Replacement of bridge number 09.64N-10.00 at approximately 964 E 1000 Road. The bridge carried E 1000 Road over Washington Creek and has been recommended as priority No. 2, (replacing item Route 1057 bridge over the Wakarusa River awaiting a traffic study as discussed at the May 2, 2007 Commission meeting).

Jones moved to open the public hearing; McElhaney seconded and the motion carried 3-0. No public comment was made. McElhaney moved to close the public hearing; Jones seconded and the motion carried 3-0.

Johnson moved to approve the five-year plan update as proposed (as specified above) and authorized the Director of Public Works to send the plan to KDOT. The motion was seconded by McElhaney and carried 3-0.

ZONING AND CODES 05-23-07
The Board considered an application for a Public Works Display Permit to shoot Class B fireworks at 1036 E 1326 Road, Lawrence, Kansas on June 30, 2007 at 8:30 p.m. Keith Dabney, Director of Zoning and Codes, was present for the discussion.

Jones moved to approve the Class B Public Works Fireworks Display Permit for June 30, 2007. The motion was seconded by Johnson and carried 3-0.

APPOINTMENT 05-23-07
Jones moved to appoint Richard Hird, Lawrence, to the Lawrence-Douglas County Metropolitan Planning Commission, for a three-year term to expire on 05/31/10 replacing the expired term of John Haase; and also Jeff Chaney, Lawrence, to the Lawrence-Douglas County Metropolitan Planning Commission, for a three-year term to expire on 05/31/10 replacing the expired term of Holly Krebs. McElhaney seconded and the motion carried unanimously. 
 
ACCOUNTS PAYABLE 05-23-07
Jones moved to approve accounts payable in the amount of $316,492.28 paid on 05/21/07; and manual checks in the amount of $766.23 paid on 05/22/07. The motion was seconded by McElhaney and carried unanimously.

McElhaney moved to adjourn; Johnson seconded and the motion carried.


_____________________________ ________________________
Bob Johnson, Chairman                       Jere McElhaney, Vice Chair


ATTEST:

_____________________________ _________________________
Jamie Shew, County Clerk                   Charles Jones, Member 

Location

County Courthouse
1100 Massachusetts St, Lawrence, KS 66044, USA