Meeting Information
See 4:00 p.m. agenda. The Commission will meet at 6:35 p.m.
Thellman called the regular session meeting to order at 4:05 p.m. on Wednesday, October 27, 2010 with two members present. Gaughan joined the meeting at a later time.
PROCLAMATION 10-27-10
Michelle Leininger, Lawrence-Douglas County Metropolitan Planning Staff, presented a proclamation to the Board declaring the month of October as "Community Planning Month." Thellman read the proclamation and moved approval. Motion was seconded by Flory and carried 2-0.
MINUTES 10-17-10
Thellman moved to approve the minutes of September 22 and October 13, 2010. Motion was seconded by Flory and carried 2-0.
CONSENT AGENDA 10-27-10
Flory moved approval of the following Consent Agenda:
► Resolution No. 10-22/Ordinance No. 8542, Joint Ordinance of the City of Lawrence, Kansas, and Resolution of the Board of County Commissioners of Douglas County, Kansas amending the Comprehensive Land Use Plan "Horizon 2020" by amending Chapter 14 - Specific Plans, Purpose, CPA-4-2-10; and
► Resolution No. 10-23/Ordinance No. 8562, Joint Ordinance of the City of Lawrence, Kansas, and Resolution of the Board of County Commissioners of Douglas County, Kansas amending the Comprehensive Land Use Plan "Horizon 2020" by amending Chapter 7 - Industrial and Employment Related Land Use, 1. Industrial Land Use, CPA-4-3-10.
Motion was seconded by Thellman and carried 3-0.
AGREEMENTS 10-27-10
The Board considered approval of an "Agreement to Stay Litigation" with the Fraternal Order of Police Lodge No. 2. Evan Ice, County Counselor, presented the item.
If approved, the Fraternal Order of Police (FOP) will have a stay until June 1, 2011, to give them time to file an application for a Conditional Use Permit (CUP). If the CUP is denied, the FOP can go back to court an appeal if they desire.
Thellman asked what would happen if there is a hold up in the planning process. Ice replied the County would reevaluate and we can make provisions at that time.
Thellman opened the item for public comment. No comment was received.
Flory moved to accept the Agreement to Stay Litigation. Motion was seconded by Thellman and carried 3-0.
PUBLIC WORKS 10-27-10
The Board considered the approval to award a contract for a culvert replacement construction contract for Project No. 0657-1950, Structure No. 06-57N-19-50E. Keith Browning, Director of Public Works, recommended that the Commission accept the low bidder, as their preliminary plan meets Public Work's specifications. Browning also asked the Board to grant him authority to approve change orders up to a maximum of 5% of the total project cost.
Thellman opened the item for public comment. No comment was received.
Flory moved to approve awarding the construction contract for culvert replacement, Project No. 0657-1950 to the low bidder, Bryan-Ohlmeier Construction Co., Inc. in the amount of $105,260.00; and authorized the Director of Public Works to grant change orders up to 5% of the total project cost. Motion was seconded by Thellman and carried 3-0.
VOTING DELEGATE FOR KAC CONFERENCE 10-27-10
Flory moved to appoint Jameson Shew, County Clerk, representing Douglas County as the Kansas Association of Counties voting delegate for the 2010 Conference. Motion was seconded by Thellman and carried 3-0.
ACCOUNTS PAYABLE 10-27-10
Thellman moved to approve accounts payable in the amount of $767,739.82 to be paid on 10/28/10; a wire transfer in the amount of $400,000.00 paid on 10/21/10; payroll in the amounts of $21,577.40 paid on 08/19/10, $777,027.04 paid on 08/30/10, $654.30 paid on 09/08/10; $782,486.76 paid on 09/08/10, $3,673.23 paid on 10/12/10, $792,348.30 paid on 10/12/10, $774,810.90 paid on 10/12/10 and $762,082.03 paid on 10/22/10; KPERS in the amounts of $71,316.50 paid on 08/27/10, $71,663.31 paid on 09/10/10, $73,575.03 paid on 09/24/10, $72,086.81 paid on 10/08/10, and $70,893.43 paid on 10/22/10; and FICA in the amounts of $57,212.48 paid on 08/27/10, $57,630.95 paid on 09/10/10, $30.55 paid on 09/10/10, $58,389.02 paid on 09/24/10, $57,333.05 paid on 10/08/10, and $56,066.69 paid on 10/22/10. Motion was seconded by Gaughan and carried 3-0.
RECESS UNTIL 6:35 P.M.
RECOVENE 10-27-10
The Board of County Commissioners reconvened at 6:35 p.m. with Commissioners Thellman and Gaughan. Commissioner Flory was absent.
VACATION OF EASEMENT 10-27-10
The Board conducted a public hearing to accept comments on the proposed vacation of utility easements for Lot 1, Hidden Hill Addition, a Replat of Lots 7, 8 & 9 in Long Shadows Subdivision; and Lot 6, Long Shadows Subdivision. The items were presented by Linda Finger, Planning Resource Coordinator. Both adjacent properties are owned by Edward A. and Katherine A. Manda, located in the Southeast quarter of Section 35, Township 13 South and Range 19 E, in Wakarusa Township. The Mandas desire to build an accessory building to their home, which is located on Lot 1, in the location that crosses over the rear lot line of Lot 6. Lot 6, d s not have a residence on it. Zoning Regulations do not permit accessory buildings on lots without a principal residence. To resolve the issue, the Mandas wish to revise the mutual lot line between Lot 1, Hidden Hills Addition and Lot 6, Long Shadows Subdivision.
This vacation of utility easement was required to occur by separate instrument because the applicants are pursuing a Minor Subdivision, an administrative procedure to relocate lot lines.
Thellman moved to open a public hearing to receive comments on a petition for utility vacation s for the 10' easement on Lot 1, Hidden Hills Addition, a Replat of Lots 7, 8 & 9 in Long Shadows Subdivision. Motion was seconded by Gaughan and carried 2-0. No comment was received.
Thellman moved to close the public hearing; Gaughan seconded and the motion carried 2-0.
Thellman moved to approve the Order Vacation Utility Easement for Lot 1, Hidden Hills Addition, a Replat of Lots 7, 8 & 9 in Long Shadows Subdivision. Motion was seconded by Gaughan and carried 2-0.
Thellman moved to open a public hearing to receive comments on a petition for utility vacation s for the 10' easement on Lot 6, Long Shadows Subdivision. Motion was seconded by Gaughan and carried 2-0. No comment was received.
Thellman moved to close the public hearing; Gaughan seconded and the motion carried 2-0.
Thellman moved to approve the Order Vacation Utility Easement for Lot 6, Long Shadows Subdivision. Motion was seconded by Gaughan and carried 2-0.
Thellman moved to adjourn the meeting; Gaughan seconded and the motion carried 2-0.
______________________________ ____________________________
Nancy Thellman, Chair Jim Flory, Vice-Chair
ATTEST:
______________________________ _____________________________
Jamie Shew, County Clerk Mike Gaughan, Member
Time and Date