Meeting Information
5:00 p.m. Executive Session for the purpose of consultation with 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.
6:35 p.m. (Meet in the Commission Chamber)
-Convene
-Consider approval of a proclamation for the month of January 2009 as "Everybody Counts Month" (Erica Dvorske)
-Consider approval of the minutes for January 7, January 12 and January 14, 2009.
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders;
(b) Consider approval of Emergency Vehicle permit renewal for William M. Shockley and John E. Steele Jr. (Sheriff's Dept);
(c) Consider approval of road right-of-way contract for project No. 2007-13, the improvement of County Route 438 from 625E to 850E. (Also known as the farmer's turnpike) (Michael Kelly);
(d) Consider approval for bids for crushed rock for road maintenance (Keith Browning); and
(e) Receipt of report of State Forfeitures per K.S.A. 60-4117(d)(2) (Ken McGovern)
REGULAR AGENDA
(2) Consider brokering a user-fee dust palliative program for 2009 (Keith Browning)
(3) Consider renewing contract for 2009 chip seals (Keith Browning)
(4) Consider Home Rule Resolution authorizing installation of gate over N900 Road at 902 E (Keith Browning)
(5) Discussion of CPA-2008-6: Receive the West of K-10 Plan. Take public comment and direct staff to prepare the item for consideration at a future Commission meeting. Dan Warner is the Planner and will give a presentation on the Plan. (PC Item 5; approved 6-2 on 10/20/08) (City Commission; approved 5-0 on 12/2/08).
(6) Other Business
(a) Consider approval of Accounts Payable (if necessary)
(b) Appointments
(c) Miscellaneous
(d) Public Comment
(7) Adjourn
Jones called the meeting to order at 5:00 p.m. on Wednesday, January 21, 2009, with all members present.
EXECUTIVE SESSION 01-21-09
Jones moved that the Board recess into executive session, with the regular session to resume at 6:35 p.m., to meet with the County Counselor to discuss 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. Other attendees to the executive session included: Craig Weinaug, County Administrator; Evan Ice, County Counselor; Pam Madl, Assistant County Administrator; Keith Dabney, Director of Zoning and Codes; and Linda Finger, Planning Resource Coordinator. The motion was seconded by Flory and carried unanimously.
The Board concluded the executive session at 6:35 p.m., and resumed its regular session. No action was taken as a result of the executive session.
PROCLAMATION 01-21-09
Erika Dvorske, United Way, read a proclamation proclaiming the month of January 2009 as "Everybody Counts Month." Jones moved to approve the proclamation; Thellman seconded and the motion carried unanimously.
Jones moved approval of the minutes of January 7, January 12 (as amended) and January 14, 2009. Motion was seconded by Flory and carried unanimously.
CONSENT AGENDA 01-21-09
Jones moved approval of the following Consent Agenda:
► Emergency Vehicle permit renewals for William M. Shockley and John E. Steele Jr.; and
► Receipt of report of State Forfeitures per K.S.A. 60-4117(d)(2) from the Sheriff's office.
Motion was seconded by Thellman and carried unanimously.
Items pulled from the Consent Agenda:
PUBLIC WORKS 01-21-09
The Board considered the approval of a road right-of-way contract for project No. 2007-13, the improvement of County Route 438 from 625E to 850E. Property owner A.K. Winter and Charlene Winter, Trustees, Lecompton, Kansas. Keith Browning, Director of Public Works, was present for the discussion.
Flory pulled the item from the Consent Agenda to make the statement that in light of the deteriorating budget, he plans to discuss this improvement project in more detail when the bids are presented. Jones opened the item for public comment. No comment was received.
Jones moved approval of the Contract for Highway Purposes for Project No. 2007-13, acquisition of easement for property owner A.K. Winter and Charlene Winter, Trustee, for property located in Lecompton, Kansas. Motion was seconded by Thellman and carried unanimously.
PUBLIC WORKS 01-21-09
The Board considered bids received on crushed rock for road maintenance. Keith Browning, Director of Public Works, was present for the discussion. The following bids were opened on January 5, 2009:
Aggregate
Vendor
Quantity (tons)
Quarry
Unit Price
AB-3
Mid-States
3000-7500
Big Springs
$7.90
AB-3
<1/2xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com:office:smarttags" />Hamm
3000-7500
Eudora
$6.75
Road Rock
Mid-States
3000-7500
Big Springs
$9.25
Road Rock
Hamm
3000-7500
Eudora
$7.25
Shot Rock
Mid-States
1000-3000
Big Springs
$9.25
Flory stated he understands why we would want to get multiple bids on the AB-3 rock, but asked why the County is not considering Harrell Quarry (Hamm) located in the western part of Douglas County by Lone Star Lake. Browning stated Douglas County accepted a bid from Harrell Quarry last year, but we were unable to get rock from there. Browning stated public works need to be able to get rock from the west and east side of the county, that's why staff is proposing Mid-States and the Hamm quarry in Eudora.
Jones opened the item for public comment. No comment was received.
Flory moved to accept the bids from Mid-States Materials (Big Springs quarry) and Hamm Quarries (Eudora quarry) for the supply of 3000-7500 tons of AB-3 base rock and 3000-7500 tons of Road Rock Special from each supplier, and the bid from Mid-States Materials for the supply of 1000-3000 tons of Shot Rock. Motion was seconded by Jones and carried unanimously.
Regular Agenda items:
PUBLIC WORKS 01-21-09
The Board considered the approval to continue the Dust Palliative Program for 2009. Keith Browning, Director of Public Works, discussed last years program costs. This year's plan is to set an early March deadline for applications for the 2009 program. Bid documents would then be prepared and distributed with a tentative March 24 bid opening date, recommendations would come to the Board and then treatment would occur between May 4 - 22, 2009. The second application would occur in mid to late June. In past years, the Board has directed the Public Works department to treat 1140 linear feet of roadway on Route 1029 south of the town of Lone Star and two sections to include E1750 road north of Route 460 (1300 l.f.) and route 458 from E 1 Road to E100 Road due to safety concerns of limited visibility (5280 l.f.). Funds to treat these road sections are included in the 2009 Road & Bridge Fund 201.
Jones moved to approve the continuation of the dust palliative program with an up front user fee of $1.60/linear foot ($1.00/l.f. for dust palliative material and water, and an additional $0.60/l.f. user fee to cover road preparation costs), plus an administrative fee of $45.00 per applicant; continue the treatment on Route 1039 south of the town of Lone Star, and the two sections of E 1750 Road north of Route 460 and Route 458 from E 1 Road to E100 due to safety concerns with costs to be funded by Road and Bridge Fund 201, and give permission to advertise for bidders once the application process has been completed. Motion was seconded by Thellman and carried unanimously.
PUBLIC WORKS 01-21-09
The Board considered renewing the 2008 chip seal contract with Vance Brothers, Inc awarded in 2008 in the amount of $752,757 for 45 miles of chip sealing. The contract is renewable for an additional two years, through 2010. Due to weather in 2008, the chip seal process was suspended leaving 26.26 miles to be sealed under the 2008 contract. Public Works asked the contractor to submit prices for 2009 based on 30 miles of chip seal rather than the 50 miles in which the 2009 budget was based. Per Vance Brothers, the cost of chip sealing 30 miles is $592,198.83, assuming CM-L aggregate is used and $531,972.35 if CM-K aggregate is used.
Jones opened the item for public comment. No comment was received.
Flory moved to approve the authorization for Public Works Director to renew the 2008 chip seal contract with Vance Brothers, Inc. for 2009, based on chip sealing approximately 30 miles of road and using expanded shale (CM-L) aggregate. Motion was seconded by Thellman and carried unanimously.
PUBLIC WORKS 01-21-09
Keith Browning, Director of Public Works, asked the Board to consider approving a Home Rule Resolution to provide for the installation of a gate across N 900 Road just east of its intersection with E 900 Road to restrict overweight traffic until bridge repairs can be completed.
Jones moved approval of Home Rule Resolution 09-1-1 providing for the installation of a gate across N 900 Road. Motion was seconded by Flory and carried unanimously.
PLANNING 01-21-09
The Board received Comprehensive Plan Amendment CPA-2008-6, amending Horizon 2020, Chapter 14 Specific Plans pertaining to the West of K-10 Plan. Dan Warner, Lawrence-Douglas County Metropolitan Planning Department, presented the item. The west of K-10 planning area is located primarily west of K-10 Highway and north and south of US Highway 40, also containing some land east of K-10. The purpose of the plan is to act as the City's official land use guide for growth in the west of K-10 area.
Jones asked Warner what was expected from the Board this evening. Warner stated he was not seeking a vote. He was only introducing the item. The Board would need to set a public hearing date. Flory asked if all necessary notification had been sent out regarding this meeting. Warner replied it had.
The Board discussed with Warner the input received from property owners during the draft stages and the different transitions between drafts 1 thru 4 based on this input. The draft under discussion for approval is draft 4 which backs very low density, to low density, then to high density residential, along E902 Road, which was a compromise. Warner commented staff began working on the plan in January 2008, so the process to this stage has taken one year.
Jones opened the item for public comment.
Bernice Garber, property owner, stated she would like to see her property listed as commercial to give her more options, but would settle for high density.
Kristel Lewis, 1430 E 902 Road, would also like to see the area described as commercial but is willing to compromise with high density.
Laura Stephenson, property owner, wants her property to stay low density. She feels increasing the density would be cramming too much transition into a small area.
After hearing from the public, it was the consensus of the Board to set a public hearing for this issue on January 28, 2009, and to place the item on the upcoming agenda.
ACCOUNTS PAYABLE 01-21-09
Jones moved to approve accounts payable in the amount of $1,178,570.14 paid on 01/20/09 for 2008; and $911,387.63 paid on 01/20/09 for 2009. Motion was seconded by Flory and carried unanimously.
APPOINTMENT 01-21-09
Jones moved to approve the appointment of Donna Osness as the County appointee to the Lawrence-Douglas County Health Board. Her term will expire in March 2012. Motion was seconded by Thellman and carried unanimously.
Jones moved to adjourn; Thellman seconded and the motion carried.
____________________________ ____________________________
Charles Jones, Chairman Nancy Thellman, Vice-Chair
ATTEST:
_____________________________ _____________________________
Jamie Shew, County Clerk Jim Flory, Member
Time and Date