Commission Board Meeting on Mon, November 11, 2002 - 9:00 AM


Meeting Information

  • Convene
  • Pledge of Allegiance

CONSENT AGENDA
(a) Consider approval of Commission Orders
(b) Consider approval of fifteen (15) Out-District College Tuition Statements in the amount of $116,016 (Debbie Sparkes)
(c) Consider approval of construction zone speed limit on Route 1061 (Keith Browning)

REGULAR AGENDA
 (2) Discussion with Jane Bateman, representing the floodplain regulation subcommittee of Planning Commission, with regard to possible floodplain regulations in the unincorporated area of the County (no backup)

 (3) Consider approval for TA-05-03-02: Text Amendment to Section 21-901.6 for the Joint City/County Subdivision Regulations to include a definition of the term "Undue Hardship" (Mark Wilson)

 (4) Consider approval of lease agreement for the Baldwin Satellite Office (Pat Wells)

 (5) Consider award of fuel contract (Jackie Waggoner)

 (6) Consider approval to authorize staff to negotiate storage area network contract (Jackie Waggoner)

 (7) CIP discussion (Pam Madl)

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

 (9)  Adjourn

Chairman McElhaney called the meeting to order at 9:02 A.M. on Monday, November 11, 2002. All members were present. The Pledge of Allegiance was recited.

CONSENT AGENDA 11-11-02
Johnson moved approval of the following Consent Agenda:

  • Approve Commissioners Order Nos. 5061 and 5062. Orders are on file in the office of the County Clerk;
  • Approve the fifteen (15) Out-District College Tuition Statements in the amount of $116,016;
  • Approve Resolution No. 02-23 establishing a 30 miles per hour speed limit for a road construction zone located on County Route No. 1061; and
  • Note receipt of fee reports for the month of October, 2002.

Motion was seconded by Jones and carried unanimously.

MISCELLANEOUS 11-11-02
Jane Bateman, representative of the Floodplain Regulation Subcommittee of the Planning Commission, appeared before the Board to discuss possible floodplain regulations in the unincorporated area of the county. John Haase, Roger Schenewerk, and Bryan Dyer were also present for the discussion. Bateman explained that the subcommittee recently completed this process for the city. Jones questioned the advantages and disadvantages of doing more than FEMA requires. Bateman responded that the FEMA map started 5 or 6 years ago and has already been altered. Some areas will flood more, some won't flood at all. Jones stated that he would like to see the FEMA floodplain maps showing where growth is expected. McElhaney noted he would like to think about it for a week or two before giving direction. Johnson suggested that an invitation be extended to Eudora, Baldwin and Lecompton to join the County Commission in discussion in a few weeks.

PLANNING 11-11-02
The Board considered Item No. 15 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated September 25, 2002. This item is TA-05-03-02: Text Amendment to Section 21-901.6 of the Joint City/County Subdivision Regulations to include a definition of the term "Undue Hardship." Mark Wilson, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented this item. This item comes to the Board with a recommendation for approval of the following text amendment:

21-802. VARIANCES.
In cases where there is hardship in carrying out the literal provi sions of these regulations (such as design criteria pertaining to lot width, lot depth, block depth, etc.), the planning commission may grant a variance from such provisions, except that in cases where there is hardship in carrying out the literal provisions found in section 21-706 (sanitary sewers) the appropriate governing body may grant a variance from such provisions.

(a) An application for a variance shall be made to the planning department. The planning commission shall give the applicant and any other interested persons an opportunity to be heard with respect to the proposed application for a variance from the provisions of the regula tions, except that the governing body shall give the applicant and any other interested persons an opportunity to be heard with respect to the proposed application for a variance from the provisions of section 21- 705.

(b) A variance shall not be granted unless all of the following apply:
(1) Strict application of these regulations will create an unnecessary hardship upon the subdivider;
(2) The proposed variance is in harmony with the intended purpose of these regulations; and
(3) The public health, safety and welfare will be protected. (Ord. 5500)

21-901.7 (47) Unnecessary Hardship. The condition resulting from applica tion of these regulations when viewing the property in its environ ment that is so unreasonable as to become an arbitrary and capricious interference with the basic right of private property ownership, or convincing proof exists that it is impossible to use the property for a conforming use, or sufficient factors exist to constitute a hardship that would in effect deprive the owner of their property without compensation. Mere financial loss or the loss of a potential financial advantage d s not constitute unnec essary hardship.

Jones made a motion to approve Resolution No. 02-37 approving the above text amendment, seconded by Johnson and carried unanimously.

AGREEMENTS & TREASURER 11-11-02
The Board considered approval of a lease agreement with Baldwin Properties, L.L.C. for the Baldwin Satellite Office. Johnson asked that there be an "out" clause added to the agreement in case future budgetary problems necessitate the need to close that office. It was the consensus of the Board to table this item, directing the County Treasurer to meet with the County Counselor to amend the agreement to include an "out" clause.

AGREEMENTS, PURCHASING, SHERIFF, & PUBLIC WORKS 11-11-02
The Board discussed bids received for the County fuel contract. Jackie Waggoner, Buyer, presented this item. Three bids were received with the low bid being submitted by Zaroco. However, Zaroco carries only clear diesel fuel which would require the County to apply for a refund from the state for off road diesel fuel tax. This could involve a considerable amount of staff's time to monitor and apply for these refunds. The Public Works Department has expressed concern since Zaroco's two locations which provide diesel are located in areas that would be difficult and unsafe for large equipment (1500 E. 23rd Street and 647 E 1250 Road). Capital City Oil's location provides a more accessible and safer location and a more reliable accounting approach. Jones made a motion to accept the low bid received from Zaroco. Johnson seconded the motion which carried unanimously.

PURCHASING & INFORMATION TECHNOLOGY 11-11-02
The Board discussed proposals received for a Storage Area Network (SAN). Six (6) proposals were received and three (3) suppliers were interviewed. Jim Lawson, Director of Information Technology, and Jackie Waggoner, Buyer, were present for the discussion. Staff requested authorization to negotiate a final contract with Tallgrass Technologies. In the event negotiations are not success ful, staff requested authorization to negotiate with Hitachi Data Systems. John son made a motion to authorize staff to negotiate with Tallgrass Technologies and possibly Hitachi Data Systems for a Storage Area Network. Motion was seconded by Jones and carried unanimously.

PUBLIC WORKS 11-11-02
The Board then discussed the Capital Improvement Program. Keith Browning, Director of Public Works/County Engineer, presented additional projects for the program. It was the consensus of the Board to table further discussion until a later date.

ACCOUNTS PAYABLE 11-11-02
Johnson moved approval of accounts payable in the amount of $198,600.54 to be paid 11/11/02; DA longevity payroll in the amount of $8,250; and electronic funds transfers in the amounts of $632.70 for FICA and $219.00 for KPERS to be paid 11/8/02. Motion was seconded by McElhaney and carried.

McElhaney moved for adjournment. Johnson seconded and the motion carried.

_____________________________ _______________________________
Jere McElhaney, Chairman Bob Johnson, Member

ATTEST:

_____________________________ _______________________________
Patty Jaimes, County Clerk Charles Jones, Member

Location

County Courthouse
1100 Massachusetts St, Lawrence, KS 66044, USA