Meeting Information
-Convene
-Pledge of Allegiance
-Swearing in of County Commissioner
-Election of County Commission Officers for 2007
-Consider approval of Minutes for December 4, 2006, December 6, December 11, December 13, December 18 and December 20, 2006
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders;
(b) Consider approval of resolutions granting Cereal Malt Beverage & Occupational Licenses (Jamie Shew);
(c) Consider approval of a resolution establishing 30-mph speed limit for E 1300 Road from N 100 Road to N 150 Road. (Keith Browning);
(d) Consider approval of a resolution establishing 30-mph speed limit for portions of N 650 Road and E 1400 Road in Willow Springs and Palmyra Townships (Keith Browning);
(e) Consider approval of Technical Amendments to Access Management Standards (Keith Browning);
(f) Consider Ordinance No. 8070 /Joint Ordinance/Resolution of the City of Lawrence, Kansas, and the Board of County Commissioners of Douglas County, Kansas amending the Comprehensive Land Use Plan "Horizon 2020" Pursuant to K.S.A. 12-747, by adopting text amendments revising Chapter Four - Growth Management contained in Horizon 2020. (David Guntert, Planner);
(g) Consider Ordinance No. 8071/Joint Ordinance/Resolution of the City of Lawrence, Kansas, and the Board of County Commissioners of Douglas County, Kansas amending the Comprehensive Land Use Plan "Horizon 2020" Pursuant to K.S.A. 12-747, by adopting text amendments revising Chapter Five - Residential Land Use contained in Horizon 2020. (David Guntert, Planner);
(h) Consider a Resolution Appointing the District Coroner for the Seventh Judicial District for a four-year term (Pam Madl);
(i) Consider approval of amendments to medical contracts for the jail (Jackie Waggoner);
(j) Consider approval for purchase of vehicles for the Sheriff's department (Jackie Waggoner); and
(k) Consider approval of recommendation of contract for banking services (Jackie Waggoner)
REGULAR AGENDA
(2) Consider entering into a Memorandum of Understanding with the Kansas Bioscience Authority, the Lawrence-Douglas County Biosciences Authority, Inc., City of Lawrence, Douglas County Development, Inc., and the Lawrence Chamber of Commerce, for the purchase, financing of improvements, and management of the spec building at East Hills Business Park. (Beth Johnson, Chamber)
Planning Items:
(3) (a) Consider CPA-2004-02: Comprehensive Plan Amendment to Horizon 2020, Chapter 7. Industrial and Employment Related Land Use. Consider approval of CPA-2004-02 and direct staff to draft ordinance/resolution, if appropriate. (Amy Miller, Planner)
(b) Consider CPA-2006-04: Consider an amendment to Horizon 2020, Chapter 5 - Residential Land Use, to replace Figure 5-1, Planning Unit Concept with Neighborhood Concept developed by the CPC (Comprehensive Planning Committee). (Michelle Leininger, Planner)
(c) Consider PF-11-31-06: Final Plat for Unitarian Fellowship of Lawrence. This 2.47 acre lot is located At 1263 N 1100 Road. Submitted by Grob Engineering Services, LLC, for Unitarian Fellowship of Lawrence, property owner of record. (Joseph Rexwinkle, Planner)
(4) Consider approval of Register of Deeds Technology Fund Report and transfer of money (Kay Pesnell)
(5) Other Business
(a) Consider approval of Accounts Payable (if necessary)
(b) Appointments
(c) Miscellaneous
(d) Public Comment
(6) Adjourn
Johnson called the meeting to order at 8:30 a.m. on Monday, January 8, 2007 with all members present. The Pledge of Allegiance was recited.
MISCELLANEOUS 01-08-07
Robert Fairchild, Administrative Judge for Division 1 of the District Court, swore in Charles Jones as a re-elected member of the Douglas County Board of Commissioners.
MISCELLANEOUS 01-08-07
McElhaney moved that Johnson be elected as Chairman of the Board effective today for the coming year. Motion was seconded by Jones and carried unanimously.
MISCELLANEOUS 01-08-07
Jones moved that McElhaney be elected as Vice-Chairman of the Board effective today for the coming year. Motion was seconded by Johnson and carried unanimously.
Jones moved to approve the minutes of December 4, December 11, December 13, and December 20, 2006. The motion was seconded by McElahney and carried unanimously.
CONSENT AGENDA 01-08-07
Jones moved approval of the following Consent Agenda:
► Approve Commissioners Order No. 07-101, 07-102 and 07-103 (on file in the Office of the County Clerk);
► Approve Resolution No. 07-01 granting Cereal Malt Beverage License for Midland Farm Store and Resolution No. 07-02 granting a Cereal Malt Beverage License for Cecil Monday's Bar and Grill;
► Approve Resolution No. 07-03 establishing a 30 miles per hour maximum speed limit on a portion of E 1300 Road between N 1100 and N 1150 Roads;
► Approve Resolution No. 07-04 establishing a 30 miles per hour maximum speed limit on a portion of N 650 Road and E 1400 Road in Willow Spring and Palmyra Townships;
► Approve Home Rule Resolution of the Board of County Commissioners of Douglas County, Kansas, Making Technical Amendments to Access Management Standards, as adopted by Resolution No. HR 06-10-7 and codified at Article 5 of Chapter IX of the Douglas County Code;
► Approve Resolution No. 07-05 reappointing the District Coroner and Deputy District Coroner for the Seventh Judicial District for a four-year term commencing on January 8, 2007;
► Approve amendments to medical contracts for Visiting Nurses Association, Dr. Dennis Sale (formerly Heartland Medical Outreach and Dr. Sale) and Bert Nash Community Mental Health Center for the Douglas County Jail commencing January 1, 2007 and concluding on December 31, 2007;
The motion was seconded by McElhaney and carried unanimously.
Consideration of items pulled from the Consent Agenda:
PLANNING & COMPREHENSIVE LAND USE 01-08-07
The Board considered the approval of Joint Ordinance No. 8070/Resolution No. 07-06 of the City of Lawrence, Kansas, and the Board of County Commissioners of Douglas County, Kansas Amending the Comprehensive Land Use Plan "Horizon 2020" Pursuant to K.S.A. 12-747, by adopting text amendments revising Chapter Four-Growth Management contained in Horizon 2020. Sheila Stodsgill, Acting Planning Director, discussed that the Joint Ordinance/Resolution is the official approval of the chapter revisions approved on October 18, 2006 and seen again on December 20, 2006.
Johnson moved to approve the Joint Ordinance No. 8070/Resolution No. 07-06. Jones seconded the motion and it carried unanimously.
PLANNING & COMPREHENSIVE LAND USE 01-08-07
The Board considered the approval of Joint Ordinance No. 8071/Resolution No. 07-07 of the City of Lawrence, Kansas, and the Board of County Commissioners of Douglas County, Kansas Amending the Comprehensive Land Use Plan "Horizon 2020" Pursuant to K.S.A. 12-747, by adopting text amendments revising Chapter Five -Residential Land Use contained in Horizon 2020. Sheila Stodsgill, Acting Planning Director, was present for discussion.
Johnson moved to approve Joint Ordinance No. 8071/Resolution No. 0707. Jones seconded the motion and it carried unanimously.
PURCHASING & SHERIFF'S OFFICE 01-08-07
Pam Madl, Assistant County Administrator, publicly affirmed that after speaking with two of the Commissioners, she used her authority for the purchase of one mini van for the Sheriff's department detectives and investigation unit. The purchase price of $18,605 was made through Shawnee Mission Ford and the van replaces a 2000 Ford Expedition. The memo presented to the Board requested the approval of a second vehicle. Since the distribution of that memo, Jackie Waggoner, Purchasing Director, no longer wishes to make another purchase at this time.
Jones moved to affirm Pam Madl, Assistant County Administrator, had the authority of the Board of the Douglas County Commission to purchase a mini van through Shawnee Mission Ford for the Sheriff's Department in an amount in the amount of $18,605. The motion was seconded by McElhaney and carried unanimously.
PURCHASING & BANKING SERVICES 01-08-07
The Board considered approval of a request to accept a negotiated proposal for banking services from UMB (United Missouri Bank). The Division of Purchasing
received seven (7) proposals from financial institutions in response to a solicitation for depository and banking services. Significant weight was given to cost, financial strength of the institution, experience in providing services to similar accounts and automated services. Based on the annual net (interest less fees), the evaluating committee recommended the UMB negotiated proposal. The UMB banking services summary listed for Monthly Cost: a Combined Annual Cost=$21,493.32 (original bid) and $17,087.76 (negotiated bid); Interest Rate: Total Monthly Interest = $31,784.13, Annual Interest=$381,409.56, Annual Net (interest less fees)=$359,916.24 (original bid) and $364,321.80 (negotiated bid).
A representative from UMB Bank spoke to the Board expressing her appreciation for considering UMB's proposal.
Jones moved to approve the negotiated proposal for banking services from UMB Bank. The motion was seconded by McElhaney and carried unanimously.
Regular Agenda items:
AGREEMENTS & BIOSCIENCE 01-08-07
The Board discussed entering into a Memorandum of Understanding with the Kansas Bioscience Authority, the Lawrence-Douglas County Bioscience Authority, Inc., City of Lawrence, Douglas County Development, Inc., and the Lawence Chamber of Commerce, for the purchase, financing of improvements, and management of the spec building at East Hills Business Park (3813 Greenway Drive). Beth Johnson, Lawrence Chamber of Commerce was present for the discussion.
McElhaney questioned whether using the spec building for bioscience related initiatives would limit the use of the building and therefore limit the amount of return to the owners. Beth Johnson stated that the term "bioscience" is far reaching and will yield a wide range of opportunities. The primary need of the KBA is wet lab space, but the space will be adaptable. Jones stated the Bioscience Authority will not seek tax abatement and has the liability for making tax payments. A property of this value will have a substantial return in taxes and hopefully a bigger return in employment opportunities for the community.
LaVerne Epp, President of Lawrence-Douglas County Biosciences Authority, expressed his appreciation for the collaborative effort by the all parties involved.
Jones moved to enter in to an agreement with the Kansas Bioscience Authority, the Lawrence-Douglas County Bioscience Authority, Inc., City of Lawrence, Douglas County Development, Inc., and the Lawence Chamber of Commerce, for the purchase, financing of improvements, and management of the spec building at East Hills Business Park. McElhaney seconded the motion and it carried unanimously.
PLANNING 01-08-07
The Board discussed the approval of CPA-2004-2 an amendment to Horizon 2020, Chapter 7: Industrial and Employment Related Land Use. Amy Miller, Lawrence/ Douglas County Metropolitan Planning Department, discussed the amendment revisions. The main revisions include: 1.) Industrial and employment related land use has been separated into two distinct categories and 2.) the addition of "Work-Live Campus Type Center" a mixed use area combining industry, business, retail and residential uses. Item was deferred by the Board on December 7, 2005 for review and comments by the Economic Development Board. No comments were received.
Johnson commented that the amendment refers to the southeast industrial area as located on the south side of East 23rd Street. Johnson stated that the southeast area has not clearly been identified yet. He questioned whether the amendment adoption would define or limit what the southeast area is. Johnson noted the document appears to emphasize the need for small scale industrial when in fact we lack land use larger or significant in size. Miller stated the noted wordings are not part of the chapter that is highlighted and therefore not being changed.
Jones questioned what incentives for the expansion of existing facilities and redevelopment of vacant facilities and/or land has been discussed. Miller replied there has been no discussion. Jones also questioned what the purpose of a comprehensive plan is. The details seem to be more subdivision regulation driven. Jones suggested adopting the amendment because some good things are expressed including added language for big sites and fill development. He also expressed the need to discuss with the new planning director how to make decisions and where do maps come into this. We need clear articulation in the instruments of policy versus more specific regulatory criteria.
Johnson asked if there is any harm in adopting this amendment. Stogsdill responded by asking the Board to keep in mind the economic development efforts on a broad spectrum. The Planning Department has spent a lot of time focusing on big site issues. Policies are needed to accommodate the small users in the community. The Comprehensive Plan provides policy, foundation and frame work for regulations. A broad policy is needed in the Comprehensive Plan in order to have the basis for adopting the implementing tools. Stogsdill stated the Planning Department can also look into whether the policy language in Horizon 2020 is substantially more specific than what other community's comprehensive plans have. When bringing the Comprehensive Plan from the 70s to the 90s, the community as a whole determined that appearance, landscaping and environmental impacts were important to the community and that's why there are more specific policies then originally.
Jones directed planning staff make a set of the most important maps of Douglas County and provide on a CD for Board use.
Jones moved to approve CPA-2004-02; Amendment to Horizon 2020, Chapter 7; Industrial and Employment Related Land Use, and direct staff to draft an
ordinance/resolution for adoption. The motion was seconded by McElhaney and carried unanimously.
PLANNING 01-08-07
Michelle Leininger, Lawrence-Douglas County Metropolitan Planning Department, brought to the Board for consideration CPA-2006-04, an amendment to Horizon 2020, Chapter 5 - Residential Land Use, to replace Figure 5-1, Planning Unit Concept with Neighborhood Concept developed by the Comprehensive Planning Committee (CPC). The Neighborhood Concept illustrates a variety of neighborhoods and includes diagrams with various connectivity methods. If approved, this concept will be used as a guide for future development of neighborhoods, also using the term "Identifiable Hub" in place of "Identifiable Core." CPC concluded it is best to give an outline of physical elements showing a strong neighborhood instead of going to the comprehensive plan for guidance with only one example. If approved, diagram Figure 5-1 of Horizon 2020 Chapter 5 will be removed and illustrations and text on Horizon 2020 pages 5-2 and 5-3 will be added.
The item was tabled until the City Commission has reviewed and voted. The Board intends to follow the City Commissions' recommendation. Item will be placed on the Consent Agenda after City action.
PLANNING 01-08-07
The Board discussed PF-11-31-06 a Final Plat for Unitarian Fellowship of Lawrence.
The 2.47 acre lot is located at 1263 N 1100 Road. Application is submitted by Grob Engineering Services, LLC, for Unitarian Fellowship of Lawrence, property owner of record. Joseph Rexwinkle, Lawrence/Douglas County Metropolitan Planning Department, presented this item. The property is zoned A (agriculture) and located outside the Lawrence City Limits, but within the Lawrence Urban Growth Area and is the current site of a church, a permitted use in this zoning district. According to Staff review, the property must be platted because the boundaries of the existing lot are being modified to reflect a transfer of property between the church and an adjacent property. The church plans to expand the structure in the future which would require site plan review. This final plat is associated with a preliminary plat; both were approved by the Planning Commission on December 18, 2006. The property takes access to N1100 Road which provides approximately 60 feet of right-of-way, 30 feet each side of the centerline. The N1100 Road is classified as a minor arterial road whose minimum right-of-way is 80 feet. The applicant will dedicate an additional 10 feet of right-of-way along N1100 Road, creating 40 feet on the south side of the centerline. All the necessary permits from the Health Department regarding the septic system and the water supply system have been obtained by the applicant. The variance request for the front yard setback is scheduled for the January BZA meeting. Staff recommends approval of the final plat for the Unitarian Fellowship of Lawrence and forwarding it to the County Commission for acceptance of right-of-way, subject to the following conditions:
1. Provision of the following fees and documentation:
a. Recording fees made payable to the Douglas County Register of Deeds.
2. Add a note to the face of the final plat that states "The owner/developer hereby agrees to relinquish one access point and relocate the remaining access point as required by the Douglas County Public Road Access Standards prior to future site plan approval or issuance of a building permit."
After discussion, McElhaney moved to approve the PF-11-31-06 subject to the above conditions. Johnson seconded the motion and it carried unanimously.
REGISTER OF DEEDS 01-08-07
Kay Pesnell, Register of Deeds, presented the Board with a 2006 Technology Fund report with expenditures in the amount of $90,829.84. Pesnell in accordance with Statute Number 28-115a, authorizes the sum of $300,000.00 to be transferred to the Douglas County Commissioners to be used for other Douglas County Land Offices, the Information Technology Department of storage of images and the countywide document project.
ACCOUNTS PAYABLE 01-08-07
Jones moved to approve accounts payable in the amounts of $61,701.34 to be paid on 12/20/06, $283,193.08 to be paid on 12/26/06, and $254,377.93 to be paid on 01/08/07; and manual checks in the amounts of $284,517.80 to be paid on 12/21/06 and $18,715.10 to be paid on 01/02/2007. The motion was seconded by McElhaney and carried unanimously.
Jones moved to adjourn the meeting. The motion was seconded by McElhaney and carried unanimously.
_____________________________ _____________________________
Bob Johnson, Chairman Jere McElhaney, Member
ATTEST:
_____________________________ _____________________________
Jamie Shew, County Clerk Charles Jones, Member
Time and Date