Meeting Information
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-Convene
-Pledge of Allegiance
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders
REGULAR AGENDA
(2) Consider approval of Joint City/County Resolution reorganizing Economic Development functions (Lynn Parman)
(3) Discuss bids for tow contract (Sheriff Trapp)
(4) Consider approval of sale of land property to Kansas Turnpike Authority (Keith Browning)
(5) Discussion of encroachment of residential structure on Lone Star Lake Park Property (Keith Browning)
(6) Consider authorization to purchase used track loader (Jackie Waggoner)
(7) Other Business
(a) Consider approval of Accounts Payable (if necessary)
Jones called the meeting to order at 8:37 A.M. on Monday, April 5, 2004 with all members present. The Pledge of Allegiance was recited.
CONSENT AGENDA 04-05-04
Johnson moved approval of the following Consent Agenda:
- Approve Commissioners Order No. 5234. Order is on file in the office of the County Clerk; and
- Note receipt of fee reports for the month of February 2004.
Motion was seconded by McElhaney and carried unanimously.
RESOLUTIONS 04-05-04
The Board discussed approval of a Joint City Ordinance/County Resolution establishing the City and County Economic Development Board: Establishing Procedures for the Governance of the Board. Lynn Parman, Vice President of Economic Development, Lawrence Chamber of Commerce, conducted a brief presentation. Jones stated that he would approve the resolution and asked the new board to take up the following issues and, perhaps, propose amendments to the resolution speaking to the following issues:
1. Staffing will be provided by the Chamber of Commerce;
2. The Economic Development Board should have a formal role in providing comments on economic development activities pending before the City and County Commissions (perhaps economic development needs to be defined: from Jones' perspective, industry recruitment is economic development; commercial zoning is not);
3. The Economic Development Board should, at least annually, convene a meeting of all economic development groups operating the County for the purpose of coordination and review (in an ideal world, the Economic Development Board would serve as an economic development umbrella organization: providing for an integrated economic-development budget and annual economic development report;
4. A policy naming substitutes for primary members (for example, the Vice Mayor and Chair should be the only substitutes at Economic Development Board for the Mayor and County Chair) so that consistency is maintained;
5. Somehow the Planning Commission should be integrated into Economic Development Board activities. Jones stated that he understood that past Planning Commission Chair Sue Pine argued strongly against Planning Commission inclusion on the Economic Development Board. His sense is that the current Planning Commission may have a different view of the matter. Whether the Planning Commission is represented on the Economic Development Board, or whether there is some periodic coordination meeting, the Planning Commission certainly d s need to coordinate with the Economic Development Board.
Jones then made a motion to approve Resolution No. 04-17, A Joint Ordinance/Resolution of the City of Lawrence, Kansas and Douglas County, Kansas Establishing the City & County Economic Development Board: Establishing Procedures for the Governance of the Board. Johnson seconded and the motion carried unanimously.
SHERIFF & PURCHASING 04-05-04
Lieutenant Don Crowe, Douglas County Sheriff's Office, appeared before the Board to discuss a proposed towing contract. Crowe explained that the contract would be split into two parts -- one contract for passenger vehicles and light duty trucks, and a second contract for medium and heavy duty trucks. By splitting this into two contracts this would allow for most of the towing services in Douglas County to be eligible to bid. There will be a requirement that they be able to provide three (3) wreckers. The contract would also include the towing of all county vehicles at the bid rate. Crowe outlined the following contract details:
- The contract would be for a one-year period with an option to renew if both parties agree;
- The tow company would be towing road hazards, vehicles from arrests, abandoned vehicles, stolen vehicles and any others where the party can not or will not make a decision on which tow service they want to use. They will also be towing under the contract all county-owned vehicles that need to be towed at contract pricing;
The contract will set the tow and storage fees; - The contract will outline how the work is to be performed, how the owners of the vehicles and insurance companies are to be treated and when and what access they will be allowed to have to their vehicles. There will be a section for handling citizen complaints and terminating the contract, if necessary.
Crowe also explained that the non-preference rotational list would no longer be used. Instead, the citizens will be provided with a list of available tow services. To be included on this list, the tow services will have to provide the fees for a standard tow. Also included will be the fee amount for dolling, winching, and using a roll back. The tow services would also be required to provide the cost per mile for towing and the daily storage rate and location of the tow lot. This information will be provided to the citizens and they will have to make a choice as to which tow service they want to use. If they can not or will not make a choice, then the tow will become a contract tow. The list will be updated annually when the contract renews. A mechanism will be set in place to remove services that do not, without cause, honor the pricing that has been provided to be on the list.
Crowe requested approval to solicit bids for this type of tow contract.
McElhaney asked how many times a tow service is typically requested. Crowe responded that the Sheriff's Office averages 250 requests and the City of Lawrence probably averages 1200-1500 requests. Baldwin and Eudora have their own systems.
Johnson asked how the Deputy would document the citizen's decision. Crowe stated the individual would sign a form documenting their decision.
Kevin Rosh, Transmaster's Tow Service, advised the Commission that Pittsburg, Kansas is in a legal battle with a similar set up. He noted concerns that the company listed on top would be the first company picked. He recommended the continuance of the rotating list.
Jeff Jacob, Bullock Tow, stated he had been in the tow business for two (2) years, and noted that Baldwin and Eudora currently use the same non- preference rotation. Jacob pointed out that different considerations need to be taken into account such as clean-up He suggested that the tow companies be involved in the discussions.
Johnson stated the he understood this to be a request for direction to proceed, not to finalize, which gives the tow services an opportunity to review.
Rosh and Jacob requested copies of the rough draft of the contract.
It was the consensus of the Board to direct staff to develop a draft contract as outlined above, send it to the tow companies for input, and return it to the Commission for final approval. No action was taken.
PUBLIC WORKS & AGREEMENTS 04-05-04
The Board discussed the sale of land to the Kansas Turnpike Authority. Keith Browning, Director of Public Works/County Engineer, explained that the Kansas Turnpike Authority (KTA) plans to widen the Kansas Turnpike to six lanes between Topeka and the Lecompton interchange. In order to complete this widening, the KTA needs to acquire 1.23 acres from Douglas County near the existing Route 438/Route 1029 intersection. The property sought by the KTA was acquired by Douglas County from Mr. & Mrs. Winter as part of the right-of- way acquisition for the Route 1029 improvement project. The area in question is south of the proposed Route 438-to-Route 1029 curve and was acquired from the Winters as an uneconomic remnant. It includes a portion of the existing Route 438 pavement just east of the Route 1029 intersection. Following completion of the Route 1029 improvement project, the County will no longer need this property. The proposed sale price of $4,300 matches the cost to Douglas County for acquisition of the property.
Pursuant to K.S.A. 19-211, the Board of County Commissioners must find that the property cannot prudently be used for public purposes of the County prior to selling the real estate. In addition, before executing an agreement for selling the property, the Board's intent to sell the property must be published in the official newspaper once each week for two consecutive weeks. Browning presented a document for the Board's signature that declares that the property will no longer be required by the County after completion of the Route 1029 improvements, and directs the County Clerk to publish a Notice of Intent to Dispose of Property in the official County newspaper. The KTA will reimburse the County for the cost of publishing the notice.
Jones stated he would like to see the County capture all of the costs associated such as surveying, attorney fees, publication, possibly an additional 25%. Johnson thought that 25% may seem a little steep. Browning stated he did not believe 25% was out of line.
Jones then made a motion that the Board has determined that the 1.23 acre parcel be sold to the Kansas Turnpike Authority for $4,300 plus 25% for administrative costs direct the County Clerk to publish a Notice of Intent to Dispose of Property in the official County newspaper once each week for two (2) consecutive weeks. Motion was seconded by Johnson and carried unanimously.
PUBLIC WORKS & PARKS -- LONE STAR 04-05-04
The Board discussed the encroachment of a residential structure on Lone Star Lake Park property. Keith Browning, Director of Public Works/County Engineer, explained that Mr. Gary O'Doniel, 702 E 661 Road, owns property that abuts the north side of Lone Star Lake Park. He has notified the Public Works Department that a fairly recent survey of his property revealed that his house is situated partially over the property line with Lone Star Lake Park. Mr. O'Doniel is a contractor and constructed his own house. He has indicated that an apparent misreading of surveyed markings during construction resulted in the encroachment.
Mr. O'Doniel has proposed a swap of property to correct the situation. The proposal is that Douglas County trade Mr. O'Doniel the 0.342 acre area along the south side of his property for the 0.334 acre area along Route 1. The area proposed to be traded from Douglas County to Mr. O'Doniel has no improvements and it is unlikely any future improvements would be situated in this area. A significant portion of the area proposed to be traded to Douglas County from Mr. O'Doniel contains existing Route 1 right-of-way. There is another 0.240 acre area that could be considered in a property-swap scenario. Another option would be to sell the 0.342 acre area to Mr. O'Doniel.
Mr. O'Doniel was present for the discussion.
Johnson expressed concerns with setting a precedence if the property was sold. He questioned whether the County would have to go through the publication process if the land was simply swapped.
Browning stated that if the property were sold, there would need to be an appraisal and a legal publication. He also noted there might be one additional encroachment situation.
It was the consensus of the Board that staff be directed to look into the legal process of selling the property to Mr. O'Doniel. No action was taken.
PURCHASING & PUBLIC WORKS 04-05-04
Jackie Waggoner, Purchasing Agent, appeared before the Board requesting authorization to purchase a used track loader for the Public Works Department. Waggoner explained that Public Works has allocated funds to purchase a track loader to replace their existing 1968 model. The existing model is running on emergency use only and would take thousands of dollars to overhaul. The loader is used about six months out of the year for excavation projects. A new model would cost approximately $200,000 whereas a used model would range between $125,000-$150,000. This range was determined on selecting a model with low hour usage (maximum 1,500) hours. After discussion, Jones made a motion to waive the purchasing policy and authorize staff to search for one (1) used track loader for the Public Works Department and assign final approval of the purchase to Commissioner McElhaney once a loader is located. Motion was seconded by Johnson and carried unanimously.
ACCOUNTS PAYABLE 04-05-04
Johnson moved approval of accounts payable in the amount of $241,716.24 to be paid 4/5/04; accounts payable manual checks in the amount of $2,134.24; payroll in the amount of $585,374.00; and electronic funds transfers in the amounts of $43,259.06 for FICA and $35,019.05 for KPERS to be paid 4/2/04. Motion was seconded by McElhaney and carried unanimously.
Johnson made a motion to adjourn; Jones seconded and the motion carried unanimously.
_____________________________ _____________________________
Charles Jones, Chairman Bob Johnson, Member
ATTEST:
_____________________________ _____________________________
Patty Jaimes, County Clerk Jere McElhaney, Member
Time and Date