Meeting Information
-Convene
-Pledge of Allegiance
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders
(b) Notices to <1/2xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com:office:smarttags" />Clinton Township for Clinton Marina and Wakarusa Music Festival
(Jamie Shew)
REGULAR AGENDA
(2) Planning Item: Z-03-14-05: A request to rezone a tract of land approximately six acres from the A (Agricultural) District to A-1 (Suburban Residential) District. The property is generally described as being located on E 1500 Road between N 1000 and N 1050 Roads. Submitted by Jeff and Jaclyn Hout, contract purchasers, and Jo Anne Polk, property owner of record. (Lisa Pool)
(3) Consider approval of contract for Project No. 2003-5, Hesper Charter Road Improvement District (Keith Browning)
(4) Initial discussion of Homeland Security Grant Funds Proposal (Paula Phillips)
(5) Other Business
(a) Consider approval of Accounts Payable (if necessary)
(b) 
Jones called the meeting to order at 6:35 P.M. on Wednesday, May 18, 2005 with all members present. The Pledge of Allegiance was recited.
CONSENT AGENDA 05-18-05
Johnson moved approval of the following Consent Agenda:
- Approve Commissioners Order Nos. 5319 and 5320. Orders are on file in the Office of the County Clerk;
- Authorize Notices to Clinton Township for Clinton Marina, Inc. and Wakarusa Music Festival; and
- Approve Kansas Department of Transportation Form 1302 for Five- Year Plan Projects.
Motion was seconded by Jones and carried unanimously.
PLANNING 05-18-05
The Board considered Item No. 18 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated April 27, 2005. This item is Z- 03-14-05: A request to rezone a tract of land approximately six acres from A (Agricultural) District to A-1 (Suburban Residential) District. The property is generally described as being located on E 1500 Road between N 1000 and N 1050 Roads. Submitted by Jeff and Jaclyn Hout, contract purchasers, and Jo Anne Polk, property owner of record. Lisa Pool, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented this item. This item comes to the Board with a recommendation for approval based on the following Findings of Fact:
Zoning and land uses of surrounding properties. The applicant is proposing to rezone 6 acres of a larger 45-acre parcel from the A (Agricultural) District to the A-1 (Suburban Residential) District. A single-family home exists on the main parcel of 45 acres, which will maintain its agricultural zoning. The areas surrounding the subject property are zoned A (Agricultural) District. Within the vicinity of the subject parcel, the properties to the north of 1000 Road predominantly comprise large lots with single-family homes, while the properties to the south of 1000 Road are more agricultural in nature.
Character of the area. The area is characterized by a mix of agricultural uses with rural residential development. While the area has a distinct rural character, several single-family residences are located to the north, south, and east of the subject property. All parcels surrounding the subject property are zoned A (Agricultural) District. The subject property is located outside of the Lawrence city limits, but is within the Urban Growth Area (UGA).
Suitability of subject property for the uses to which it has been restricted. All properties surrounding the project area are zoned A (Agricultural) District. The area features a variety of agricultural uses and single-family residences located on large tracts of land. The property is not adjacent to any platted subdivision, but it is located within the Urban Growth Area. Based on the proximity of the subject property to several single-family homes, it is not well-suited for the agricultural uses to which it has been restricted.
Length of time subject property has remained vacant as zoned. The property has been zoned A (Agricultural) District since the adoption of the 1966 Douglas County Zoning Regulations. The subject property (6 acres) is unimproved and d s not include agricultural uses. A single-family home has existed on a southern portion of the larger 45-acre parcel since 1993.
Extent to which removal of restrictions will detrimentally affect nearby property. As the subject property is located within the Urban Growth Area and is adjacent to large lot single-family homes, approval of a rezoning of this property from the A (Agricultural) District to the A-1 (Suburban Residential) District should not detrimentally affect nearby properties.
Relative gain to the public health, safety and welfare by the destruction of the value of the petitioner's property as compared to the hardship imposed upon the individual landowners. If the property retains its A (Agricultural) District designation, it would be able to function with any of the following permitted uses, among others: agriculture, hospital or clinic for large or small animals, commercial greenhouse, church, or school. Properties within the UGA may not be developed for residential purposes through the 5-acre exemption, and must be rezoned to A-1 (Suburban Residential) District for residential development.
A rezoning of the property to the A-1 (Suburban Residential) District would provide little benefit to the public health, safety or welfare. However, as the new owner is expected to construct one single-family home on a 6-acre parcel that is surrounded by several single-family homes, the rezoning would not adversely affect its surroundings. Granting the rezoning request would allow the current property owner to sell 6 acres of land for the purpose of residential development.
Conformance with The Comprehensive Plan. Once platted, the proposed request will conform to several Horizon 2020 policies related to low density residential uses. Specifically, the property comprises 6 acres of land within the Urban Growth Area. The 6-acre parcel is double the recommended 3-acre minimum lot size within the UGA. Additionally, as single-family homes surround the property, the development of a single-family home on this vacant lot would not constitute leapfrog development. It is important to note that water meters and paved roads are available to serve the property.
AND subject to the following condition:
Recording of a final plat prior to publication of the rezoning.
After discussion, McElhaney made a motion to approve Z-03-14-05 based on the above Findings of Fact and subject to the above condition. Motion was seconded by Jones and carried unanimously.
McElhaney noted for the record that two (2) Planning Commissioners abstained from voting on this item but did not have a conflict of interest. He stated that it is his belief that if you're appointed to a board, you're appointed to make decisions and should vote one way or the other.
PUBLIC WORKS 05-18-05
The Board convened as Board of Directors of Hesper Charter Road Improvement District to consider approval of the contract for Project 2003-5. Keith Browning, Director of Public Works/County Engineer, advised the Board that bids were opened on May 3, 2005 for the surfacing and drainage structure improvements for roads within the Hesper Charter Road Improvement District. The low bid was received from LRM Industries, Inc. in the amount of $248,575, which was significantly higher than the Engineer's Estimate of $226,000. This estimate was on file with the County Clerk to give people an opportunity to consider whether they wanted to proceed with the project. Browning speculated that fuel costs were a factor in the higher costs. Browning stated that representatives of property owners from Hesper Charter Road Improvement District have indicated they wish to proceed with the project as bid. Browning has had preliminary discussions with LRM regarding various options to reduce the costs, such as a thinner rock base, which would still provide a quality road.
Jones questioned whether the property owners still had the option of not pursuing the project. Browning responded that once this contract is signed, the project will proceed.
Jones then asked for public comment.
Shawn Stover, 2285 N 1137 Road, expressed concerns regarding the thinner rock base. Stover stated he would prefer to proceed with the project as bid.
A property owner questioned when the project would start. Browning responded that the earliest notice to proceed would be May 31, and the latest would be July 5. Browning added that the work will take approximately 28 working days.
Jones made a motion to approve the low bid received from LRM Industries in the amount of $248,575 as bid, and that Browning be given the authority to approve change orders totaling up to 5% of the contract amount. Motion was seconded by Johnson and carried unanimously.
Jones made a motion that the Board of Directors adjourn; Johnson seconded and the motion carried unanimously.
EMERGENCY MANAGEMENT 05-18-05
The Board discussed the FY2005 Homeland Security Allocation Recommendations. Paula Phillips, Director of Emergency Management, stated that representatives from all law enforcement, fire, EMS, public works, utilities, information technology, and cities in Douglas County were invited to participate in the decision making process regarding the FY05 State Homeland Security funds allocated to Douglas County. The following entities were present at the meeting:
City of Lawrence
Information Systems
Fire & Medical
Utilities
Public Works
Douglas County
Emergency Management
Emergency Communications
Baldwin City
City Manager
Police
Utilities
Public Works
Eudora
Utilities Department
Police
Phillips noted that the discussion of how to allocate the funds among all of the submitted proposals resulted in conversation about the need to move away from using the funds to support individual agencies and begin to think more strategically about homeland security capabilities from a countywide perspective. While most participants agreed to the concept, some of the smaller public safety departments expressed the desire to use the funds to bring their agencies to the same operational capability level as the larger departments. This led to discussion about the funding responsibilities of the local units of government for projects funded by Homeland Security, and the difference between operational funding and Homeland Security funding.
The following is the list of projects recommended for funding and the list of projects considered but not funded along with descriptions and comments on benefits of the project and/or reasons the project was not recommended:
2005 HOMELAND SECURITY ALLOCATION RECOMMENDATIONS -- PRIOR ITIZED ORDER
ALLOCATION AMOUNT: $293,617
Cost
Description
Recipient
Notes
$53,000
Terrorism Training
All public safety agencies in Douglas County
Public safety departments have been unable to participate in free terrorism training because of backfill and overtime costs. These funds would provide for training overtime and backfill costs
$75,000
Code Red: An Internet based system that works with a mapping program that would quickly notify residents of information such as water line breaks, road closings, emergencies, etc. System can notify population base or by street.
County and cities
The public works and utility departments will be frequent regular users of the system. However, shelter-in-place, boil water orders, medical emergency dispensing, and evacuation notices could be handled in this way.
$75,000
Web EOC: A software based virtual EOC that allows for all EOC data collection, resource and information tracking, and decision making to be captured and viewed from and by all participating agencies/departments via computer and Internet.
County and cities
The cities would be able to manage incidents without having to relocate key staff to the EOC except when necessary.
$30,000
Lawrence/Douglas County Fiber Optic Connection
Joint Douglas County departments and City of Lawrence departments
Processes could be better coordinated and integrated between Douglas County and City of Lawrence departments.
$60,000
Backup Generator for Alternate EOC location: install a backup generator at the designated alternate EOC (LKPD Investigation and Training Building)
City of Lawrence Police and Douglas County
The alternate EOC location has no capabilities -- this would be the first phase towards viability of the site.
CONSIDERED BUT NOT INCLUDED IN RECOMMENDATION -- no prioritization
Cost
Description
Recipient
Notes
$120,000
Additional reinforcement of JLE
-Garage door replaced
-Window protection
-East parking lot controlled
access
Douglas County
The County should use operational funds if this is truly a need. Homeland Security funds have already been spent to replace generator.
$100,000
Lawrence Police Department
-Backup generator
-Window protection
City of Lawrence
Designated alternate EOC
The city/department should use operational funds if this is truly a need.
$75,000
Lawrence Fire & Medical
-Backup generator
City of Lawrence
The city/department should use operational funds if this is truly a need.
$220,000
Utility Security Projects
-Baldwin, $80,000
-Eudora, $80,000
-Lawrence, $1 million
-Lecompton, est. $75,000
All Cities
Homeland Security grant has already funded approximately half of the cost of the projects for Baldwin and Eudora; the Lawrence project received $60k from the last set of funds and they have a phased capital plan for this; and, Lecompton has never attended any of the meetings or indicated need.
$550,000
Standardization of firefighter protective ensemble
All volunteer and full time fire departments in Douglas County
This would allow for departments to more easily provide mutual aid support. However, volunteer departments will need to participate in terrorism training and to begin annual fit testing of masks for all personnel if equipment is purchased with Homeland Security funds. Currently, not all volunteer departments require Firefighter I training for volunteers.
$150,000
Provide radio, telephone, computer and audio/visual capabilities at alternate EOC
County-wide
The alternate EOC has no current capabilities to support a disaster response and recovery operations.
$30,000
Mobile Data Terminals
Baldwin City Police
While this would complete MDT capabilities for Baldwin Police, when the 9-1-1 Board provided funds for the MDT infrastructure, it was with the agreement that the individual law enforcement agencies would purchase needed MDT's from their operational budgets.
$100,000
Additional funding for utility departments to continue work on security projects
Baldwin, Eudora, Lawrence, Lecompton
All cities except Lecompton have already received Homeland Security funds to begin this work. The group discussed the need of the cities to complete the projects from their operational budgets.
$190,000
Funding of a continuity of operations plan and cyber security assessment for the County and all cities
All cities and the County
The IT representatives agreed that the cost was too high and that they were aware of the vulnerabilities and needed funds to minimize the risks and not for a plan to identify the risks and recovery.
$80,000
Fund a new repeater for law enforcement in the Baldwin area to improve communications and provide an "info channel"
Baldwin PD
This item is included on the 9-1-1 Board priority list, however, it is not known ho soon it will be funded.
$80,000
Fund a new repeater for law enforcement in Eudora to improve communications in "dead spots"
Eudora PD
Jim Denney indicated that he had not received previous complaints, and that a study had been done and that all of the improvements that could be made have already been made in the Eudora area. He requested that Eudora PD provide a list of locations where communications are a problem and he will recheck those sites.
Jeff Dingman, Baldwin City Administrator, requested that the Board consider funding Baldwin's request of $30,000 for the Mobile Data Terminals and $80,000 for the Utility Security Project.
Jones asked which request was top priority. Dingman responded that for him, the Utility Security Project would be top priority. Jones then questioned whether partial funding would be of any value. Dingman stated that it would.
Mike McKenna, Baldwin Chief of Police, stated that he was not aware of any agreement regarding the purchase of the Mobile Data Terminals. McKenna requested that the Board approve the $30,000 request for this purchase.
Mark Bradford, Deputy Chief of the Lawrence-Douglas County Fire & Medical Department, reviewed the task force's evaluation process and criteria for their recommendations. Bradford stated that the task force looks at the allocations and how they are to be distributed. They have to look at what the state will allow and what the city and elected officials have given guidance on. The task force is very much against using money for special projects or projects where general revenue funds would be spent.
Jones expressed concerns about Code and Web EOC due to the out-year costs.
Johnson stated he would prefer to spend $30,000 to upgrade one of our law enforcement agencies communications capabilities than to spend it on fiber optics since he felt the benefits are far greater.
Jones stated that he viewed the fiber optic connection and backup generator as Capital Improvements Program issues and would prefer to approve the $30,000 request for the Mobile Data Terminals. Jones further stated that he was not inclined to support the Web EOC.
The Board directed Phillips to schedule a meeting with the task force to review the Board's direction. No action was taken.
PUBLIC WORKS, ZONING & RESOLUTIONS 05-18-05
Johnson questioned whether the Board should consider a moratorium on the 5 acre exemption. Jones stated he thought it was a good idea. McElhaney stated he would not be in favor of a moratorium, but would rather see the policy changed.
Johnson noted this would force the Board to make the necessary changes and that he would not be in favor of the moratorium being effective for longer than six (6) months.
McElhaney requested information on how many 5 acre lots and houses are sold per month to see if there is really a problem.
It was the consensus of the Board to discuss this on Monday, May 23, 2005. No action was taken.
Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.
_____________________________ _____________________________
Charles Jones, Chairman Bob Johnson, Member
ATTEST:
_____________________________ _____________________________
Jamie Shew, County Clerk Jere McElhaney, Member
Time and Date