Commission Board Meeting on Mon, December 22, 2008 - 8:30 AM


Meeting Information

-Convene
-Consider approval of minutes for November 19, November 24 and December 1, 2008

CONSENT AGENDA
(1 )(a) Consider approval of Commission Orders;
(b) Consider approval of resolutions granting cereal malt beverage licenses for First Stop, Cecil Monday's Bar & Grill, and Midland Farm Store (Clerk's Office);
(c) Consider approval of Agreement for County Treatment of Noxious Weeds on KDOT right-of-way (Keith Browning); and
(d) Consider approval of Maintenance Control Payment for 5 years and authorize Director of Emergency Communications to sign contract (Selma Southard)

REGULAR AGENDA
(2) Consider consulting service agreement for Douglas County Courthouse Restoration project (Jackie Waggoner)
 
(3) Consider approval of TA-10-17-08, Amendments to Section 20-804, 20-805, 20-807 and 20-815 of the joint Subdivision Regulations revising standards for Build Out Plans. Initiated by the County Commission on 10/29/08. (PC Item 5; approved 7-0 on 12/15/08) Mary Miller is the Planner.

(4) Consider approval of TA-08-16-08, comprehensive revisions to the Douglas County Zoning Regulations and general revisions to the County Zoning Map. Initiated by the Planning Commission in 2006. Deferred from the November 2008 Planning Commission meeting. Mary Miller is the Planner.

(5) Consider approval of agreement for Baldwin City First Responder Services (Pam Madl)

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

 (7) Adjourn

Johnson called the regular session meeting to order at 8:30 a.m. on Monday December 22, 2008 with two members present. McElhaney was absent.

Jones moved to approve the minutes of November 19, November 24 and December 1, 2008. Motion was seconded by Johnson and carried 2-0.

CONSENT AGENDA 12-22-08
Jones moved approval of the following Consent Agenda:
 
►  Resolution 08-51 granting a cereal malt beverage license for Midland Farm Store; Resolution 08-52 granting a cereal malt beverage license Cecil Monday's Bar & Grill, and Resolution 08-53 granting a cereal malt beverage license for First Stop LLC; and
►  Agreement with Kansas Department of Transportation (KDOT) for Treatment of Noxious Weeds on state right-of-way in 2009.

Motion was seconded by Johnson and carried 2-0.

Item pulled from the Consent Agenda:
EMERGENCY COMMUNICATIONS 12-22-08
The Board considered approval of the annual maintenance contract for Computer Aided Dispatch System (CAD), which has been in existence since 1975. The annual support agreement with SUNGARD/HTE begins January 1, 2009 and ends December 31, 2009 for the amount of $21,632.00. The Lawrence Police Department will be billed $3,536.00 for the Crimes Management portion of the maintenance system as they provide records management for the Law Enforcement agencies. Selma Southard, Director of Emergency Communications, presented the item.

Jones moved to approve the attached maintenance service agreement with SUNGARD/THE Public Sector and to authorize the Director of Emergency Communications to execute this agreement and asked that the agreement be brought back to the Commission annually for approval of the on-year extension. Motion was seconded by Johnson and carried 2-0.

PURCHASING 12-22-08
Jackie Waggoner, Director of Purchasing, brought to the Board for consideration a Consulting Service Agreement for the Douglas County Courthouse Restoration Project. As phase one is concluded, we are looking ahead to how to move forward with the restoration project in 2009 with no funds allocated in the 2009 budget. Waggoner stated Douglas County should receive tax credit reimbursements in the approximate amount of $313,000. With this reimbursement, the Restoration Committee, consisting of Craig Weinaug, Bill Bell, and Jackie Waggoner, would like to retain DGM's service for the following scope of work:

Monthly Progress Meetings     

$  4,200

Tax Credit Assistance

$  1,650

Master Document (as-built for Phase One &updates based on review of further deterioration)

$17,800

Attic Truss & Strut Repairs (analysis, drawings, technical specifications)

$  9,000

Quality Assurance: Dragon, East Entrance, Attic Trusses & Stutts

$12,000

Phase Two Documents

$17,000

Grant Preparation

$  5,000

Mileage, Printing, 85' Left, Misc.

$  6,500

20% Contingency

$14,630

Total

$87,780

Waggoner explained the tax credit reimbursement process. Pam Madl, Assistant County Administrator, commented that $700,000 has been earmarked in the CIP toward the restoration Phase 2, which would have to be approved by the Board, and it may take several years to complete. She feels the expected tax credit will more than cover the proposed contract for administration services to get this started.

Johnson moved to approve the contract with DGM Consultants PA for professional services in the amount of $87,780 and to authorize the Assistant County Administrator to approve change orders up to 10% of that amount. Motion was seconded by Jones and carried 2-0.

PLANNING 12-22-08
The Board considered approval of TA-10-17-08, amendments to Section 20-804,  20-805, 20-807 and 20-815 of the joint Subdivision Regulations to revise the requirements for the build out plans required for Certificate of Survey within the Urban Growth Area (UGA). The proposed amendments would reduce the degree of detail required while still providing the information necessary to insure that property  will be compatible with and suitable for future urban development.  Mary Miller, Lawrence-Metropolitan Planning Staff, presented the item. Staff recommends approval of the amendments. The Planning Commission unanimously approved the item on December 15, 2008 revising standards for Build Out Plans. Miller stated the Staff had received a letter from the League of Women Voters of Lawrence-Douglas County suggesting staff add language that the amendments should also apply to the Comprehensive Plans in the UGA.

Johnson opened the item for public comment. No comment was received.
 
Jones moved to approve TA-10-17-08. Motion was seconded by Johnson and carried 2-0.

PLANNING 12-22-08
The board considered the approval of TA-08-16-08, comprehensive revisions to the Douglas County Zoning Regulations and general revisions to the County Zoning
Map as recommended by Duncan and Associates, a consulting firm retained to revise the City and County Zoning Regulations. Mary Miller, Lawrence-Metropolitan Planning Staff, presented the item. Keith Dabney, Director of Zoning and Codes; Linda Finger, Planning Resource Coordinator; Scott McCullough, Planning Director; and Sheila Stogsdill, Assistant Planning Director, were present for the discussion.

Miller gave a brief overview of the recommended changes and how the Subdivision Regulation should be reorganized. The Board reviewed the recommendations and made comments regarding the following:

Low Demand Industrial (LDI) District: Commissioners had suggested a district be included in the regulations for uses with a low demand on infrastructure.
- Delete 'mining and salvage yards" as permitted uses.
- Be sure that the LDI District has standards regarding sewage management system, water and arterial roads.
- Include uses that both 'have low demand on infrastructure' and 'low impact on neighboring property owners or residents.'
- Setting standards as to the maximum area permitted for buildings in this district. Keith Dabney mentioned that buildings over 50,000 sq. ft. would be regulated by the new Fire Code. The Commissioners indicated they were in favor of smaller buildings than 50,000 sq. ft. Staff was directed to research and find the appropriate building limit.
- Commissioners are not opposed to lagoon sewage management systems, but do not want to allow 'collective lagoons'. Lagoons must be limited to 'single user lagoons.'
- To insure compatibility with neighboring residents or property owners buffering requirement should be established.
- Staff was directed to develop standards regarding 'light manufacturing' uses to insure they remained appropriate for the district. Standards would include maximum square footage, trip generation, etc. The Commissioner's suggested that Staff contact the Burlington Northern Intermodal to see what size of 'spin-off' facilities they are planning.
- The Commissioners stated that the purpose of the LDI District is to allow limited uses without opening the door to 'all' or 'many' industrial uses.

The Commissioners provided other comments regarding the draft regulations on a per page basis.

It was the consensus of Board for staff to make editorial changes suggested during today's meeting; to hold a study session with Keith Dabney and Linda Finger in which they will make comments within 30 days; and then staff is to bring back the revisions to the Board for consideration of approval.  

ADMINISTRATION & PERSONNEL 12-22-08
Pam Madl, Assistant County Administrator, presented the Board with a revised list of personnel policy changes and grievances/appeals procedures for review based on new state law requirements. The Board discussed the present policy of removing disciplinary information regarding personnel files after a designated length of time. The policy relies on the discretion of the County Administrator. The proposed procedure would require the employee to request written documentation be removed from their file.

Johnson asked that the County restrict text messaging during the operation of a vehicle and/or equipment.

Jones asked Madl to explain the suggested grievance procedure. Madl stated the new proposed procedure would have the elected official hearing the grievance within their department. The change in policy is reflected by the Lincoln County case decision. With non-elected appointed department heads, the County Commission has the right to hear an appeal if the Commission wanted to hear the appeal.

Jones moved to approve the proposed procedures with the revised language to     include a prohibition of text messaging while operating a motor vehicle and/or equipment; and language to justify the procedure to remove written documentation from the employee files. Motion was seconded by Johnson and carried 2-0.

ADMINISTRATION & PERSONNEL 12-22-08
The Board considered the approval of an agreement with the City of Baldwin City and Palmyra Township for First Responder Services. Pam Madl, Assistant County Administrator, presented the item. The Board discussed the reimbursement fees and the fact that the entire county is now covered by first response services. 

Jones moved to approve the Cooperative Agreement for First Response Services with Baldwin City. Motion was seconded by Johnson and carried 2-0.

APPOINTMENTS 12-22-08
Jones moved to approve the following appointments to the Douglas County Fire District No. 1 Board: the reappointment of Jay Robertson, Lecompton, Kansas, for a second three-year term to expire in 2011; and Susan Wood, Lecompton, for a first three-year term to expire 2011 replacing the expired term of Gregg Sledd. Motion was seconded by Johnson and carried 2-0.

ACCOUNTS PAYBLE 12-22-08
Jones moved to payroll in the amount of $827,631.62 paid on 12/18/08; KPERS in the amount of $71,836.12 paid on 12/19/08; and FICA in the amount of $58,596.41 paid on 12/19/08; and accounts payable in the amount of $710,027.90 to be paid on 12/22/08. Motion was seconded by Johnson and carried 2-0.

Jones moved to adjourn the meeting; Johnson seconded and the motion carried 2-0. 

 
 ____________________________  ____________________________
Bob Johnson, Chairman                       Charles Jones, Member

ATTEST:

_____________________________  
Jamie Shew, County Clerk   

Location

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