4:00 p.m.

CONSENT AGENDA
(1)(a)  Consider approval of Commission Orders;

REGULAR AGENDA
 (2) Discussion of policy on assisting townships with road maintenance or construction work (Keith Browning)

(3) Consider awarding contract for asphalt overlay Project No. 2010-6 (Keith Browning)

 (4) Receive and consider approval of Implementation Agreement concerning management of US-56 corridor (Keith Browning)

 (5) Macro-view of Douglas County floodplain and related issues (Linda Finger)-No backup

 (6) Executive Session for the purpose of consultation with the County Counselor to discuss acquisition of property.  

(7) Other Business
(a) Consider approval of Accounts Payable (if necessary)
(b) Appointments
(c) Miscellaneous
(d) Public Comment

RECESS UNTIL 6:35 P.M.

6:35 p.m.
(8) Temporary Business Use Permit -  Property Location 1014 N 1800 RD, Lawrence, USA Cycling Cyclocross Events (Keith Dabney)

(9) Consider approval of Text Amendments (TA-4-7-10) to the Zoning Regulations, Chapter 12, Article 28 of the Code of the County of Douglas, Kansas to reference 2010 effective dates for new Floodplain Overlay District Maps and related regulation changes, And Adopt a resolution to the Floodplain management regulations in the zoning regulations codified at Chapter 12, in the Douglas County Code. (PC Item 10; approved 10-0 on 6/23/10) (Keith Dabney/Amy Brown)

(10) Adjourn

Thellman called the regular session meeting to order at 4:05 p.m. on Wednesday, July 7, 2010 with all members present. 

PUBLIC WORKS 07-07-10
Keith Browning, Director of Public Works, discussed with the Board the current policy on assisting townships with road maintenance and construction work. Local or rural roads are typically maintained by the townships and by statute, maintenance responsibility for bridges and larger culverts belongs to the County, even on township-maintained roads. Occasionally, townships will require assistance from the County on road and culvert work. The current policy, as instituted by the previous Commission, has the County charging the townships for full cost of providing assistance, which includes personnel, material and equipment costs. The prior policy offered assistance upon request at no charge, unless the cost involved was significant.

Flory stated he is not comfortable with the current system of charging the full cost of service.

Craig Weinaug, County Administrator, stated he would like the townships to view the County as a partner and come to the County for assistance. The County can retain the right to say they cannot assist if the cost of fulfilling the request is significant.

Thellman asked if the projects requested by the townships are budget busters. Browning stated, no, but the projects do take away from other work.

Gaughan stated he was supportive of the current policy. There is a cost to move equipment. He feels comfortable giving the township a cost and letting them decide whether to use the County or seek assistance from someone else.

Thellman asked Browning for his recommendation. Browning stated his concern is the amount of maintenance that needs to be done to the township roads that is not getting done. The townships do not the equipment and personnel to handle many of these maintenance issues. However, he would support either decision by the Board. 

Thellman opened the item for public comment. No comment was received.

Flory moved to revert to the prior policy, that the Public Works Department will provide assistance to the Townships upon request for personnel and equipment use when applicable, at no additional cost other than materials. Motion was seconded by Thellman and carried 2-1 with Gaughan in opposition.

PUBLIC WORKS 07-07-10
The Board considered awarding a contract for asphalt overlay for Project No. 2010-6. Keith Browning, Director of Public Works, stated bids were opened on July 1 for asphalt overlay work on the following county route segements:
- Route 458, E 1500 Road to E 1600 Road, 2" mill and 2" asphalt overlay
- Route 1055, N 1000 Road to N700/E1700 (excluding the Gun Club project area), 2" mill and 2" asphalt overlay
- Route 460, E 1700 Road to E 1900 Road, 2" asphalt overlay
- Route 1029, Route 442 to US-40, 2" asphalt overlay
- N 1300 Road (31st Street), E1350 (Lawrence City Limits) to E 1400 Road (Louisiana Street), 2" mill and 2"-3" asphalt overlay

Two contractors submitted bids, as follows:
 

Funding for this project will come from the Road & Bridge Fund 201, the CIP and the Special Highway fund. Browning asked for authorization to approve change orders totaling up to 8% of the total contract amount due to uncertainties in the amount of patching that may be required.

Thellman opened the item for public comment. No comment was received.

Thellman moved to accept the low bid of $1,104,618.00 from Bettis Asphalt for Project No. 2010-6, overlay work on portions of Route 458, Route 1055, Route 460, Route 1029, and 31st Street, and authorize the Director of Public to approve change orders up to 8% of the contract amount, excluding asphalt hot mix price increases due to increases in KDOT's Asphalt Material Index. Motion was seconded by Gaughan and carried 3-0.

PUBLIC WORKS 07-07-10
The Board considered the approval of an Interlocal Cooperation Agreement concerning the management of US-56 corridor. KDOT has collaborated with Johnson County, Douglas County, Baldwin City, Edgerton, Gardner, the Lawrence/Douglas County Metropolitan Planning Office and MARC to conduct a management study. The purpose of the study is to prepare a corridor management plan that will serve as a framework for future potential highway enhancements, identify and preserve right-of-way that may be necessary to accommodate any projected enhancements, describe and identify access management objectives for the transportation corridor and to promote effective inter-connectivity of the local street/road network with the highway.

Evan Ice, County Counselor, stated he reviewed the document. KDOT ultimately makes the decisions on the corridor, but has the obligation to provide notice to the entities involved. The document d s not bind Douglas County to pay for any improvements of the corridor or to purchase any right of way.

After discussion, Flory moved to approve the Interlocal Cooperative Agreement associated with the US-56 Corridor Management Plan and to authorize the Commission Chair to execute the documents. Motion was seconded by Gaughan and carried 3-0.

Flory moved to appoint Keith Browning, Director of Public Works, to the Corridor Advisory Committee, which is required to be established within sixty (60) days of the execution of the Interlocal Cooperative Agreement. Motion was seconded by Thellman and carried 3-0.

PUBLIC WORKS/MISCELLANEOUS 07-07-10
Keith Browning, Director of Public Works, asked to Board to consider adding a discussion on a future agenda to address the use of fireworks at County parks during July 4th events.  

PLANNING/FLOOD PLAIN REVIEW 07-07-10
Julie Grauer, FEMA Flood Plain Specialist, made a presentation to the Board on Douglas County floodplain management issues. After the presentation, the Commission instructed Keith Dabney, Director of Zoning and Codes; and Linda Finger, Planning Resource Coordinator, to complete an application for the Credit Rating Services (CRS) program to apply for reduced flood plain rates for individuals living in a flood plain area in Douglas County.

EXECUTIVE SESSION 07-07-10
At 5:20 p.m., Thellman moved that the board recess into Executive Session for 15 minutes (until 5:35 p.m.) on an item for consultation with the County Counselor to discuss acquisition of property. Attendees included: Evan Ice, County Counselor; Craig Weinaug, County Administrator; Keith Browning, Director of Public Works; and Michael Kelly, County Surveyor. Motion was seconded by Gaughan and carried 3-0.

At 5:35 p.m., the Board returned to regular session. No action was taken.

RECESS 07-07-10
The Board recesses until 6:35 p.m.

RECONVENE 07-07-10
The Board reconvened at 6:35 p.m.

ZONING & CODES 07-07-10
The Board considered the approval of a Temporary Business Use Permit for a property located at 1014 N 1800 Rd, Lawrence, to hold USA Cycling Cyclocross racing events and clinics on the following days: July 24 & 25, Sept. 9, 16, 23 & 30; and Nov. 6 & 7, 2010. The application was submitted by Bill Anderson. Keith Dabney, Director of Zoning and Codes, presented the item. Dabney stated the Douglas County Sheriff's Department, Health Department, Wakarusa Township, adjoining property owners within 1,000 feet and property owners within one mile of the entrance were notified of the event and the proposed Temporary Business Permit. The only stipulation heard was from the health department with the number of required portable toilets. No alcoholic beverage will be sold at the events.

Thellman asked for clarification on what type of cycles will be at the event. Anderson replied bicycles.

Thellman opened the item for public comment.

Cynthia Haines, neighbor, spoke in support of the event.

Flory moved to approve a Temporary Business Permit for the USA Cycling Cyclocross Racing Events to be held at 1014 N 1800 Road, Lawrence, Kansas for July 24 & 25, Sept. 9, 16, 23 & 30, and Nov. 6 & 7, 2010. Motion was seconded by Thellman and carried 3-0.
 
PLANNING 07-07-10
The Board considered the approval of Text Amendments (TA-4-7-10) to the Zoning Regulations, Chapter 12, Article 28 of the Code of the County of Douglas, Kansas to reference 2010 effective dates for new Floodplain Overlay District Maps and related regulation changes, and considered the approval to adopt a text amendment in the form of a resolution to the Floodplain Management Regulations in the Zoning Regulations codified at Chapter 12, in the Douglas County Code. The Planning Commissioner approved the item with a 10-0 vote on June 23, 2010. Keith Dabney, Director of Zoning & Codes; and Amy Brown, Lawrence-Douglas County Metropolitan Planning Staff, presented the item.

Under the new Model Code, the major changes reflect floodproofing standards to meet new requirements stating non-residential structure must be floodproofed to one-foot above base flood elevations (BFE); and second, sections 12-328-6.02 (e), 12-328-8.03(f),and 12-328-9 need to be changed to reflect that a licensed professional engineer can certify elevation information in addition to a licensed land surveyor.

Thellman opened the item for public comment. No comment was received.

Thellman moved to approve the text amendments to the Floodplain Management Regulations (TA-4-7-10 and Chapter 12, Article 28 of the Douglas County Zoning Regulations) and adopted Resolution 10-16 of the board of County Commissioners of Douglas County, adopting text amendments to the Floodplain Management Regulations contained in the Zoning Regulations of Douglas County, Kansas, codified at Chapter 12 of the Douglas County Code. Motion was seconded by Flory and carried 3-0

ACCOUNTS PAYABLE 07-07-10
Thellman moved approval of accounts payable in the amount of $1,098,663.22 to be paid on 07/08/10; payroll in the amount of $808,158.93 paid on 07/01/10; FICA in the amount of $59,629.10 paid on 07/02/10; and KPERS in the amount of $74,470.17 paid on 07/02/10. 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