Meeting Information
AMENDED AGENDA
-4:00 p.m. - County Commission Meeting
-Convene
-Consider approval of the minutes of February 17 and February 24, 2010.
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders;
(b) Consider establishing 45-mph speed limit on E 1500 Road north of US-24/40 (Keith Browning);
(c) Consider authorization to renew pavement markings contract (Keith Browning); and
(d) Consider approval of a Douglas County application for an authorized emergency vehicle permit (Sheriff's Office);
(e) Consider establishing a 40-mph speed limit on E 2300 Road from US-56 highway to Route 460(Keith Browning);
(f) Consider establishing a 35-mph speed limit on N 400 Road from Route 1061 to E 2400 Road (Keith Browning); and
(g) Consider establishing a 45-mph speed limit on E 1900 Road from N 1 Road to US-56 highway (Keith Browning);
(h) Consider awarding construction contract for Project No. 2010-5, rehabilitation of two Route 1023 bridges south of Stull (Keith Browning); and
(i) Consider approval to Solicit Bids for Highway De-Icing Salt (Keith Browning)
REGULAR AGENDA
(2) Consider approval of Solar Thermal RFP (Sheriff McGovern and Gabriel Engeland)
(3) Presentation from Independence Inc. on state budget cuts (Stacy Hunter Schwartz)
(4) Consider removal of a requirement to construct turning lanes on Highway 40 as part of Conditional Use Permit, CUP-2-4-07, for First United Methodist Church at 867 Hwy 40. Deferred by the County Commission on 2/24/10 to allow for additional public comment.(Sheila Stogsdill is the Planner)
(5) Consider accessing the State Contract to purchase radio equipment for Public Works (Jackie Waggoner)
(6) Presentation from the Douglas County Air Quality Committee (Richard Ziesenis)-no backup
(7) Other Business
(a) Consider approval of Accounts Payable (if necessary)
(b) Appointments
(c) Miscellaneous
(d) Public Comment
(8) Adjourn
Thellman called the regular session meeting to order at 4:00 p.m. on Wednesday, March 24, 2010 with all members present.
MINUTES 03-24-10
Flory moved approval of the minutes for February 17 and February 24, as amended. Motion was seconded by Thellman and carried 3-0.
CONSENT AGENDA 03-24-10
Flory moved approval of the following Consent Agenda:
► Commission Order Nos. 10-010 and 10-011 (on file in the office of the Clerk);
► Authorization for the Public Works Director to renew the contract with Midwest Striping, Inc. for 2010 pavement markings in the amount of $131,576.43, and authorization for the Public Works Director to approve change orders totaling up to 5% over the contract amount;
► Application for an authorized emergency vehicle permit for Robert O. Rombach;
► Resolution No. 10-7 establishing a 45 miles per hour maximum speed limit on a portion of E 1500 Road in Grant Township:
► Resolution No. 10-8 establishing a 40 miles per hour maximum speed limit on a portion of E 2300 Road in Palmyra Township;
► Resolution No. 10-9 establishing a 35 miles per hour maximum speed limit on a portion of N 400 Road in Palmyra Township;
► Resolution No. 10-10 establishing a 45 miles per hour maximum speed limit on a portion of E 1900 Road in Palmyra Township;
► Approval to solicit bids for highway de-icing salt; and
► Approval of a Quit Claim Deed transferring the following real estate: Lots 122, 124, 126 and 128 on Rhode Island Street, all in the City of Lawrence, Douglas County, Kansas to Tenants to Homeowners, Inc., a Kansas not-for-profit corporation, located at 2518 Ridge Court, Suite 209, Lawrence, Kansas 66046; and a Commission Order authorizing the execution of the Quit Claim Deed.
Motion was seconded by Thellman and carried 3-0.
PUBLIC WORKS 03-24-10
Flory moved approval to award a construction contract for $263,331.25 to the low bidder, King Construction Co, Inc., for Project No. 2010-5, the rehabilitation of Bridge Nos. 15.55N-02.50E and 13.26N-02.50E, and authorizing the Public Works Director to approve change orders totaling up to 5% of the contract amount. Motion was seconded by Gaughan and carried 3-0.
JAIL/YOUTH SERVICES 03-24-10
Gabriel Engeland, Management Intern, asked the Board to consider the approval of solar thermal panel bids for the jail and Youth Services Center. Staff received four proposals from two contractors. The Board discussed several proposal and warranty options that would include the installation of solar panels at the Jail, Youth Services Building or both. Payback on the installation of panels at both locations would occur between 8-9 years. Engeland stated there was an issue of whether the solar panel at the jail must be approved by a covenant board for the Franklin Industrial Park.
Thellman opened the item for public comment. No comment was received.
After discussion, Thellman moved to approve the combination application with Proposal Option #3 for multiple installations, which combines the information from Proposals 1 and 2 as follows:
The installation of five (5) Solene solar thermal collectors at the Douglas County Jail, each measuring 4 ft. x 10 ft., for a total of 200 sq. ft. of solar thermal collection; and the installation of three (3) Solene solar thermal panels at the Youth Services Building, each measuring 4 x 8 ft. for a total of 96 sq. ft. of solar thermal collection. The cost of installation and purchase price is $19,998 and comes with a standard warranty; AND the Warranty Option 1 which states under the standard warranty any defect or malfunction will be fully covered for the first 18 months, after this period the contractor agrees to fix or replace all items within three (3) business days for a charge of parts cost plus 20% and $80 per hour labor. The total cost of this warranty will not exceed $1,000 in the ten-year period of the warranty. Approval of the bid at the jail is subject to resolution of the covenant issue at the jail. Motion was seconded by Gaughan and carried 3-0.
INDEPENDENCE INC.03-24-10
Stacy Hunter Schwartz, Executive Director of Independence Inc., made a presentation to the Board detailing the effects of the state budget cuts on employees, programs and services performed by Independence Inc. Independence Inc. provides advocacy, services and education to people with disabilities.
RECESS/RECONVENE 03-24-10
At 4:45 p.m., the Board took a five minutes recess. The Board reconvened at 4:50 p.m.
PLANNING 03-24-10
The Board continued its discussion on CUP-2-4-07 regarding a request to remove a requirement to construct turning lanes on Highway 40 for the First Methodist Church, located at 867 Highway 40, as tabled from the February 24, 2010 meeting. Sheila Stogsdill, Assistant Planning Director, initiated the discussion. If the Commission agrees the turn lanes are not necessary, a revised site plan would be required showing removal of the improvements. The Board also discussed a restriction on the plat requiring that no additional development can be made until the property has been annexed into the City. Any new development may cause a need for a turn lane.
Thellman asked if there was a timeline for improvements to Highway 40. Stogsdill stated KDOT has requested funding from the City and County Commission to help fund a corridor study. However, she d s not foresee any major improvements to Highway 40 anytime soon unless new development is proposed along the highway.
Thellman stated if the revised traffic study was based on current traffic flow, the church needed to expect the traffic flow would increase when new programs are added. She is assuming the church intends to grow. Stogsdill indicated that traffic studies often include future traffic projections, but she was not certain how this study was done. Phil Struble, representing the First United Methodist Church, stated the actual traffic study was based on traffic coming in and out of the church parking lot, compared to the actual traffic on Highway 40 with a multiplier of what KDOT adds for future traffic. The preschool is at full capacity, so the study focused on the traffic impact on Highway 40 at 2:10 p.m. when the school dismisses classes. Peak traffic on the highway is at 5:00 p.m. Because the preschool ends before peak traffic, KDOT determined as their second decision, the church no longer requires a turn lane at this time.
Flory asked if it is the applicant's position that this Board d s not have the authority to require the turn lanes. Struble, who works for Landplan Engineering and drafted the plans for the church, stated based on his history with KDOT, these decisions are based on guidelines. KDOT is under no obligation to approve our drawings or maintain something the County requires.
Flory asked what authority the Board has to require or waive the requirement of a turn lane. Stogsdill replied that the site plan is a required part of the CUP process. As the site plan stands today, the property is in violation of the CUP because the church has not completed all the improvements shown on the site plan. Stogsdill stated it is the opinion of the Planning Director that the site plan needed to be revised if the lanes were no longer required. Flory asked if KDOT would require the turn lanes, the church could be required to put them in. Stogsdill stated that requirement could be added to the revised site plan.
Thellman opened the item for public comment.
Joyce Wolf, 1605 E 318 Rd, stated she drives Highway 40 almost daily. She feels the speed limit at 55 mph is too fast for the traffic and there are no shoulders along the road to pull off on. She would like the Board to reserve the right to request the turn lanes if needed.
Marilyn Horsch,1580 E 350 Road, stated she almost had an accident at the church entrance and questions whether that entrance is the safest access point. She is in favor of a turn lane because she is concerned the access road, John Wesley Drive, may never be built.
Thellman stated the item was closed for public comment.
Gaughan asked if a traffic study can be added as a condition when the CUP comes up for review. Stogsdill stated "yes" it can.
Thellman stated the traffic study was looked at for a particular time of day and it assumes no other events will be added during peak traffic time. Therefore, it was determined by KDOT no turn lane was necessary. Thellman stated she is not comfortable with how the decision was made to not require the turn lanes. There is no promise from the church that no other programs will be added throughout the day that could add to the traffic. She feels we are weighing the financial status of the church against the public safety of the community. Also a group of church members own the property east of the church controlling the timing of the additional development by the church. She would feel better if the traffic study was not so closely related to the interests of the workings within the church and there was a timeline on the property annexation and development of John Wesley Drive.
Gaughan stated as long as the preschool's functions are done by the time stated in the study, Highway 40 would be manageable. The moment you have something at 5:00 p.m. there will be an issue. Gaughan asked if the church would be willing to guarantee no more programs or events would occur during the peak times to access Highway 40 until John Wesley Drive is built. Flory said it was his understanding the church got the entrance permit from KDOT without the preschool. The preschool is required to have a CUP permit and under that condition, a traffic study was requested. Stogsdill replied the conditions of the CUP have to relate to the preschool programming. The church was granted an entrance through the site plan process.
Flory moved to approve the amendment of CUP-2-4-07 for a Child Care Center (preschool) at First United Methodist Church located at 867 Highway 40 subject to the following conditions:
1. Documentation of licensure of the child care center from the Kansas Department of Health and Environment. [completed]
2. Submittal and approval of a Kansas Department of Transportation permit application that includes scaled plans with details of the area from the west ramp terminus of K-10 to 300 feet west of the site's temporary driveway.
3. Revision of the site plan to include the following:
a. Revision of the child care center information to include the maximum numbers of classes, children, and teachers expected on each weekday. Information for the pre-school classes and parent's day out program should be included. [completed]
b. Addition of a note, stating that if the numbers of children or classes is increased beyond the numbers noted on the plan, the Douglas County Zoning Codes Enforcement Officer will be contacted for further instruction. [completed]
c. Addition of a note, stating that the subject CUP will expire on May 16, 2017, with an administrative review of the CUP by May 16, 2012. A new CUP application should be submitted and approved prior to May 16, 2017. [completed]
4. Provision of a revised site plan that:
Includes a note which states previously shown improvements to Hwy 40 were not required to be constructed when the preschool began operation. KDOT considers the existing church/preschool access as "temporary" until such time as alternative access is established via John Wesley Drive. KDOT reserves the right to require the petitioner to make modifications to this access, including but not limited to, a dedicated WB left turn lane, should conditions change or they are otherwise warranted.
Motion was seconded by Gaughan and carried 2-1 with Thellman in opposition.
[Note: It was the consensus of the Board for staff to craft a strong recommendation letter to the secretary and regional office of KDOT to address the reduction of the speed limit along a portion of Highway 40, to add warning signs, and point out the closure of the turnpike exit which will increase the traffic level along Highway 40. The letter will also include a meeting request.]
PURCHASING/PUBLIC WORKS 03-24-10
Jackie Waggoner, Purchasing Director, asked the Board to consider approving the state contract for the purchase of new radio equipment for the Public Works department. The current system is being phased out. The Public Works department has been testing the same replacement radios the Sheriff's office is currently using. This equipment has a higher performance level and allows communication with Emergency Communications, Emergency Management, Sheriff's Office and in case of an emergency, KDOT and the Kansas Highway Patrol. The long-range plan is for the City of Lawrence to be on a similar system.
The State of Kansas has a contract established with Motorola for the purchase of radio equipment which can be accessed by the County. TFM Comm Inc. is the authorized Motorola dealer for this area and has provided a quote of $153,344.64 for 40 mobile and 10 portable 800 MHZ radios with 4 control stations, labor and programming. Funds have been allocated in the equipment reserve fund.
Thellman opened the item for public comment. No comment was received.
Thellman moved approval to access the State contract with Motorola in the amount of $153,334.64 for the purchase of radio equipment. Motion was seconded by Gaughan and carried 3-0.
RECESS/RECONVENE 03-24-10
At 6:12 p.m., the Board recessed for 5 minutes. The reconvened at 6:17 p.m.
HEALTH DEPARTMENT/OUTDOOR AIR QUALITY 03-24-10
Tom Gross, of the Kansas Department of Environmental Health Air Quality Program, made a presentation to the Board from the Douglas County Air Quality Committee. Also present at the meeting were Richard Ziesenis, Lawrence-Douglas County Health Department; and Linda Finger, Planning Coordinator and Board member. The presentation included discussion of the present ozone standard and the predicted range from the Environmental Protection Agency (EPA). Presently, Lawrence is monitored in conjunction with a monitoring system within the Kansas City Air Quality Region. Lawrence is currently in compliance with the EPA standards. Recently, the EPA announced they are planning to lower the ozone standard range to between 60 -70 parts per billion (ppb). KDHE has informed the EPA they may require monitoring systems in all communities with a population greater than 50,000 and recommends that Douglas County begin work on a multi-media environmental assessment and mitigation plan in order to favorably position ourselves for future grant opportunities.
PUBLIC WORKS/BERG ACRES 03-24-10
Keith Browning, Director of Public Works, asked the Board to consider adding discussion to a future agenda to explore options with KDOT regarding emergency access to Berg Acres, stemming for a petition submitted by Berg Acres property owners. It was the consensus of the Board for Browning to discuss access possibilities with KDOT and to come back to the Board with a recommendation. Craig Weinaug, County Administrator, will notify the petitioners when the item will be placed on the agenda for discussion.
ACCOUNTS PAYABLE 03-24-10
Thellman moved to approve accounts payable in the amounts of $702,615.30 paid on 03/18/10 and $112,167.30 to be paid on 03/25/10. Motion was seconded by Gaughan and carried 3-0.
Thellman moved to adjourn the meeting; Gaughan seconded and the motion carried 3-0.
______________________________ ____________________________
Nancy Thellman, Chair Jim Flory, Vice-Chair
ATTEST:
______________________________ _____________________________
Jamie Shew, County Clerk Mike Gaughan, Member
Time and Date