Commission Board Meeting on Wed, December 2, 2009 - 4:00 PM


Meeting Information

4:00 p.m. - County Commission Meeting
-Convene

CONSENT AGENDA
(1)(a) Consider approval of Commission Orders;
(b) Consider approval resolution for Cereal Malt Beverage Licenses for First Stop, L.L.C.
(Clerk's Office)
(c) Consider approval of Notice to the Township Board for Cereal Malt Beverage Licenses for Midland Farms Store and Cecil Monday's Bar & Grill (Clerk's Office)

REGULAR AGENDA
(2) Consider approval of PP-8-4-09, a 58.99 acre, 1 lot Preliminary Plat of Rockwall Farms Addition, located near the intersection of N 1800 Rd & E 700 Rd and a variance from Section 20-810(j)(1) of the Subdivision Regulations regarding the protection measures for environmental sensitive areas and natural areas. Submitted by Paul Werner Architects, for Rockwall Farms L. C., property owner of record. (PC Item 2; approved 8-0 on 10/26/09) Mary Miller is the Planner.

(3) Direction from the Commission on whether the County wants to participate in a fixed price contract for diesel and/or unleaded fuel (Jackie Waggoner)

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

(5) Adjourn

The Commission is not scheduled to meet at 6:45 p.m.

Thellman called the regular session meeting to order at 4:11 p.m. on Wednesday, December 2, 2009 with all members present.  

CONSENT AGENDA 12-02-09
Thellman moved approval of the following Consent Agenda:

► Commissioners Order Nos. 09-039, 09-040, 09-041 and 09-042 (on file in the office of the Clerk);
► Notices to Grant Township for Midland Farm Store; and Eudora Township for Cecil Monday's Bar & Grill; and
► Resolution No. 09-44 granting a cereal malt beverage license to First Stop, LLC at 1423 E 900 Road, Lawrence, Kansas.

Motion was seconded by Gaughan and carried unanimously. 

PURCHASING & PUBLIC WORKS 12-02-09
The Board discussed the possibility of participating in a fixed price contract for diesel and/or unleaded fuel. Jackie Waggoner, Purchasing Director; Keith Browning, Director of Public Works; Mike Perkins, Operations Division Manager; and Kyle McNorton and Nelson Neihardt, representing Capital City Oil, were present for the discussion. In December 2008 The Board authorized staff to participate in a fixed price contract for diesel fuel on a trial basis through Capital City Oil. Waggoner presented the following summary of the past 10 months which reflects the cost difference between the fixed price and the OPIS contract:

Diesel: average difference of $0.490 x 38,600 gallons        = $18,914
Unleaded: average difference of -$0.172 x 48,720 gallons = ($8,380)
AVERAGE COST DIFFERENCE                                      $10,534

Under a fixed price approach, Capital City would purchase fuel in December 2009 based on volumes from the participating agencies. The County could commit to a specific number of gallons desired at the prices offered per quarter/trimester.

After discussion, Flory moved to grant staff authority to evaluate fixed price contracts for 2010 at a volume up to 50% for both diesel and unleaded fuel. Motion was seconded by Thellman and carried unanimously.

PLANNING 12-02-09
The Board considered approval of PP-8-4-09, a 58.99 acre, 1 lot Preliminary Plat of Rockwall Farms Addition, located near the intersection of N 1800 Road and E 700 Road and a variance from Section 20-810(j)(1) of the Subdivision Regulations regarding the protection measures for environmental sensitive areas and natural areas. Submitted by Paul Werner Architects for Rockwall Farms, L.C., property owner of record. Mary Miller, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented this item.  Matthew Gough, Barber Emerson Law Firm, was also present for the discussion on behalf of the applicant.

The Planning Commission considered this item at their October 26, 2009 meeting and voted unanimously to approve the preliminary plat and forward it to the Board of County Commissioners for consideration of dedication of easements, subject to the following conditions:

1. The applicant shall execute a temporary set-aside agreement for the environmentally sensitive areas designated for protection. The Book and Page Number of the recorded agreement shall be noted on the face of the final plat.

2. Evidence shall be submitted to the planning office showing that the applicable Fire Department has approved the dry hydrant and its location as being adequate to support firefighting needs prior to the recording of the final plat.

3. The plat shall be revised with the following changes:
a. Note 10 revised to read: "An access easement providing public access to N 1800 Road in a location approved by the County Engineer shall be dedicated by separate instrument and the Book and Page Number noted on the final plat."
b. Note 11 revised to read: "An easement containing the off-site sewage management system and its connection to the platted lot shall be dedicated by separate instrument. The Book and Page Number of the recorded easement shall be noted on the face of the final plat."
c. The following note shall be added regarding the use of a lagoon as a sewage management system: "In the event that a lagoon is used for sanitary waste management, the system shall be designed to allow for future connection to a public sewer system and a copy of the Kansas Department of Health and Environment approval documentation shall be provided the Planning Office. In addition, the easement shall note the appropriate entity for maintenance of a future lagoon."
d. A note shall be added which states that direct public access from Lot 1 to N 1800 Road is not permitted. "Public access to Lot 1 shall be from the access easement described in Note 10."

Gaughan stated he felt that the final plat should note the required 300 foot buffer area as noted in the Zoning and Land Use section of the Staff Report dated 10/26/09.

After discussion, Flory made a motion to approve PP-8-4-09 subject to the above conditions and with the added condition that the final plat state that the 300 foot buffer area be shown with a note designating maintenance responsibility. Motion was seconded by Gaughan and carried unanimously.

ACCOUNTS PAYABLE 12-02-09
Flory moved to approve accounts payable in the amounts of $104,520.93 to be paid 12/03/09; $660,775.24 paid on 11/25/09; and $19,781.92 paid on 11/25/09. Motion was seconded by Gaughan carried unanimously.

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

 

Location

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