Meeting Information
8:10 a.m. - County Commission Meeting
-Convene
-Consider approval of minutes for June 24 and July 6, 2009.
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders;
REGULAR AGENDA
(2) Conduct the public hearing on, and consider the advisability of, the City of Lawrence's petition for approval to annex approximately 448 acres of land generally known as the former Farmland Industries Property, and adjacent right-of-way, located east of the City of Lawrence, along K-10 Highway and west of East Hills Business Park. (Toni Wheeler)
(3) Consider approval of new road request for E 350 Road (Keith Browning)
(4) Consider authorization to solicit bids for rehabilitation of Route 458 bridges over Wakarusa River and Rock Creek arms of Clinton Lake, Project No. 2009-5 (Keith Browning)
(5) Consider authorization to solicit bids for Project No. 2009-6, asphalt overlay and paved shoulders on Route 458 from US-59 highway to Route 1055 (E 1500 Road), and mill & overlay on Route 1055 from Route 458 to 31st Street (Keith Browning)
(6) Departmental presentation from Information Services and GIS (no backup)
(7) Decisions by Commissioners instructing staff on revisions to budget
(8) 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.
(9) Other Business
(a) Consider approval of Accounts Payable (if necessary)
(b) Appointments
(c) Miscellaneous
(d) Public Comment
(10) Adjourn
Thellman called the regular session meeting to order at 8:10 a.m. on Monday, July 13, 2009 with all members present.
Gaughan moved to approve the minutes of June 24, as amended, and July 6, 2009. Motion was seconded by Thellman and carried unanimously.
APPRAISER 07-13-09
Thellman moved to appoint Steve Miles as County Appraiser for a four-year term. Motion was seconded by Flory and carried unanimously.
PUBLIC HEARING/ANNEXTION 07-13-09
The Chairman conducted a public hearing to consider the advisability of the City of Lawrence's petition for approval to annex approximately 448 acres of land generally known as the former Farmland Industries Property, and adjacent right-of-way, located east of the City of Lawrence, along K-10 Highway and west of East Hills Business Park.
Dave Corliss, Lawrence City Manager, introduced the item to the Commission and Toni Wheeler, City Legal Department, presented the petition and service plan for annexation.
Thellman opened the item for public comment. No comment was received.
Thellman asked where we are in the process of purchasing the land. Corliss stated the City has provided an offer to the owner, a Trust established by a bankruptcy court, and the owner of the residual beneficiary interest, Capitana. KDHE also has to approve the purchase. Corliss stated negotiations are ongoing.
Flory moved to approve the order of the Board of County Commissioners of Douglas County, Kansas, finding and concluding that the annexation of 448 acres, more or less, of land by the City of Lawrence, Kansas will not cause manifest injury to the owners of any land proposed to be annexed or to the owners of land in areas near or adjacent to the land proposed to be annexed and approving the annexation thereof. In doing so, the Board incorporates specifically the statements of fact contained in the written testimony provided by the City of Lawrence and the fourteen (14) factors under K.S.A. 12-521 to be considered and has determined those factors to be established by a preponderance of evidence and would incorporate those factors and findings of fact in the order and further specifically finds no manifest or injury will result from the proposed annexation. Motion was seconded by Thellman and carried unanimously.
PUBLIC WORKS 07-13-09
The Board considered the approval of a new road request for E 350 Road. Keith Browning, Director of Public Works, presented the item. Kate and Sean Welch are interested in extending E 350 Road approximately 600 feet north from its current terminus one-half mile north of Route 1023 to make the 250 feet of frontage required to build on property divided from 80 acres. The property is owned by William and Barbara Johnson, parents of Kate Welch. The extension would require replacing an existing timber culvert located approximately 100 feet north of the current northern terminus of E 350 Road. Browning stated he feels the criteria under Home Rule Resolution No. 08-5-2 establishing policy evaluation and review criteria to establish a new road has been met due to high scores in the Safety & Environmental category.
Flory asked if there is opposition from the Lecompton Township on the road extension. Browning replied there is not. Lecompton Township estimates the cost of maintaining the road is $450 per year. However, the bridge maintenance would be the responsibility of the County. The plan is to replace the bridge with corrugated metal pipes. The cost of materials would be the responsibility of the property owners. Flory added there is no record of the County installing the bridge, but it appears the County may have been involved. Normally, we would tell the property owners to pay for the entire process. However, Flory suggested having the property owners share in the bridge replacement cost.
Gaughan stated he is concerned about the ongoing costs to maintain the bridge. Browning responded the cost to maintain the pipes would be minimal. Replacing the timber culvert with pipes would be the least expensive option. Gaughan asked if the property owners agree with this option. Browning stated yes, as did the Welch's in the audience. The Board determined the Welch's would purchase the pipes for the culvert and the County would dictate the size and length.
Thellman opened the item for public comment. No comment was received.
Flory moved to approve the extension to E 350 Road north approximately 600 feet from its current terminus one-half mile north of Route 1023 contingent upon a statement of concurrence from Lecompton Township. Costs shall be shared as follows: a) the County will provide the engineering work and the construction of the bridge; and b) the owner will provide the cost for bridge materials, provide the entire cost of roadway construction north of the bridge, and will donate the road right-of-way and/or provide right-of-way acquisition costs. Motion was seconded by Gaughan and carried unanimously.
PUBLIC WORKS 07-13-09
Keith Browning, Director of Public Works, asked the Board to consider authorizing the Public Works Department to solicit bids for the Project No. 2009-5, the rehabilitation of the bridges carrying Route 458 over the Wakarusa River and Rock Creek arms of Clinton Lake. Browning stated in the CIP, the projects are scheduled for 2010. However, work needs to be done in 2009 due to the deteriorating condition of the bridge joints.
The original CIP cost estimate included the costs to remove bridge expansion joints. It is necessary to replace one expansion joint on the Wakarusa River Bridge, and remove the others. In addition to replacing the joints, Browning wants to overlay the bridge decks with silica fume concrete due to concerns with concrete delamination. The additional work results in an updated total construction cost estimate of $548,000 for both bridges; engineering design costs of $19,600; and consulting construction engineering fees not-to-exceed $10,000.00.
Gaughan asked if we move this 2010 item to be completed in 2009, we may not be able to move up another project to fill that slot due to price concerns. Browning stated we are actually doing a lot of work in 2009 to take advantage of the good prices. Next year we may see prices rebounding and may have revenue concerns. Pam Madl, Assistant County Administrator, stated the County recently received a $550,000 reimbursement from the City of Lawrence for the Southeast Lawrence Sanitary Sewer District which was not allocated for the CIP. From a cash standard, we are comfortable to move this project up.
Thellman opened the item for public comment. No comment was received.
Flory moved to authorize the Public Works Director to solicit bids for Project No. 2009-5, rehabilitation of the bridges carrying Route 458 over the Wakarusa River and Rock Creek arms of Clinton Lake. Motion was seconded by Gaughan and carried unanimously.
PUBLIC WORKS 07-13-09
The Board considered a request from the Public Works Director to solicit bids for Project No. 2009-6, for asphalt overlay and paved shoulders on Route 458 from US-59 Highway to Route 1055 (E 1500 Road), and mill and overlay on Route 1055 from Route 458 to 31st Street. The CIP includes $500,000 for the project. The work is scheduled for 2009 and is currently estimated to cost approximately $430,000. In addition to overlaying Route 458 from US-69 to Route 1055, Browning suggests we overlay three miles of Route 1055 from Route 458 to 31st Street, which has developed some surface irregularities. The Road and Bridge Fund 201 includes $459,360 for the overlay items, which is estimated at $356,000. In an effort to get favorable bids, Browning wishes to combine the work in these two roads segments, paying for the Route 458 from the CIP and the Route 1055 from the Road & Bridge Fund 201.
Thellman opened the item for public comment. No comment was received.
Thellman moved to authorize the Public Works Director to solicit bids for Project No. 2009-6, asphalt overlay and paved shoulders on Route 458 from US-59 highway to route 1055(E 1500 Road), and mill and overlay on Route 1055 from Route 458 to 31st Street. Motion was seconded by Gaughan and carried unanimously.
INFORMATION TECHNOLOGY/GIS 07-13-09
Jim Lawson, Director of Information Technology, and Dennis Albers, GIS Coordinator, gave a presentation to the Board on the role of IT/GIS department to Douglas County.
BUDGET 07-13-09
The Board conducted 2010 budget hearings. No action was taken.
EXECUTIVE SESSION 07-13-09
At 10:25 a.m., Thellman moved for the Board to recess into executive session for 15 minutes returning at 10:40 a.m. for the purpose of consultation with the County Counselor on matters, which would be deemed privileged under the attorney-client relationship. Attendees included: Craig Weinaug, County Administrator; and Pam Madl, Assistant County.
At 10:40 a.m. the executive session was extended for 10 minutes. The Board returned to regular session at 9:48 a.m. No action was taken.
ACCOUNTS PAYABLE 07-13-09
Thellman moved to approve accounts payable in the amount of $2,516,816.36 to be paid on 07/13/09 and a wire transfer in the amount of $600,000.00 paid on 07/09/09. Motion was seconded by Flory and carried unanimously.
Thellman moved to adjourn the meeting; Gaughan seconded and the motion carried unanimously.
____________________________ ____________________________
Nancy Thellman, Chair Jim Flory, Vice-Chair
ATTEST:
_____________________________ _____________________________
Jamie Shew, County Clerk Mike Gaughan, Member
Time and Date