Meeting Information
Amended Agenda
4:00 p.m.
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders;
(b) Consider approval of a resolution directing the County Counselor to institute a judicial tax foreclosure action in the District Court of Douglas County, Kansas (Paula Gilchrist);
(c) Consider approval of outdoor warning siren maintenance contract (Jackie Waggoner); and
(d) Consider approve of Agreement for Housing Inmates for the City of Baldwin in the Douglas County Jail (Sheriff's Office); and
(e) Consider approval of bids for crushed rock for road maintenance (Keith Browning)
REGULAR AGENDA
(2) Consider motion supporting the initiative from the Lecompton Historical Society to invite officials from the Kansas State Government to return to Lecompton for one day as a part of the 150th anniversary of Kansas State Hood (Paul Bahnmaier)
(3) Consider approval of $16,667 grant match for the District Attorney's Violence Against Women's Act Grant (Charles Branson)-No backup
(4) Consider approval of Conditional Use Permit [CUP-9-4-10] for Jayhawk Excavating, truck storage, in the NW 1/4 of S10-T14-R20, located at 1724 N 780 Road, on approximately 20 acres. Submitted by Allen and Teresa Rockhold, property owners of record. (PC Item 1; approved 9-0 on 12/13/10) (Sandra Day is the Planner)
(5) Consider Comprehensive Plan Amendment [CPA-3-1-10] to Horizon 2020 for an update to Chapter 8 - Transportation. Initiated by Planning Commission on 2/22/10. (Todd Girdler is the Planner)
(6) Other Business
(a) Consider approval of Accounts Payable (if necessary)
(b) Appointments
(c) Miscellaneous
(d) Public Comment
(7) Adjourn
Thellman called the regular session meeting to order at 4:04 p.m. on Wednesday, January 5, 2011 with all members present.
CONSENT AGENDA 01-05-11
Thellman moved approval of the following Consent Agenda:
► Commission Order Nos. 10-042 and 10-143 (on file in the office of
the Clerk);
► Resolution No. 11-01 directing the County Counselor to institute a judicial tax foreclosure action in the District Court of Douglas County, Kansas;
► 2011 Outdoor Warning Siren Maintenance Agreement in the amount of $20,390.40 with Blue Valley Public Safety;
► Agreement for Housing of Inmates in the Douglas County Jail for the City of Baldwin City, Kansas, effective January 1, 2011 and will end December 31, 2011, subject to earlier termination as provide by Section 2 of the contract. Compensation, as set forth in paragraph 4 of the Agreement shall be as follows: County agrees to accept and house inmates for compensation at the daily rate equal to one-half of the County's per inmate average over the prior three years, which is agreed to be $70.73 per day. The daily rate for any renewal terms of this Agreement will be determined in a similar manner, based upon the most recent three calendar years. The City of Baldwin City also will pay out-of-pocket medical expenses as set forth in Paragraph 9 of the contract; and
► Acceptance of the bid from Mid-States Materials (Big Springs quarry) for the supply of 1,000-3,000 tons of Shot Rock, 3,000-7,500 tons of AB-3 base rock, 3,000-7,500 tons Road Rock (Special), and 500-1,500 tons Rip Rap, and the bid from Hamm Quarries (Harrell quarry) for the supply of 3,000-7,500 tons AB-3 base rock and 3,000-7,500 tons Road Rock (Special), and the bid from Hunt Martin (Sunflower quarry) for 1,000-3,000 tons Shot Rock, and 3,000-7,500 tons AB-3 base rock. (Listed below are the bids received)
Aggregate
Vendor
Quantity (tons)
Quarry
Unit Price
Shot Rock
Mid-States
1,000-3,000
Big Springs
$11.00
Hunt Martin
1,000-3,000
Sunflower
$8.25
AB-3
Mid-States
3,000-7,500
Big Springs
$9.35
Hamm
3,000-7,500
Harrell
$8.80
Hunt Martin
3,000-7,500
Sunflower
$5.70
Road Rock
Hamm
3,000-7,500
Harrell
$8.95
(Special)
Mid-States
3,000-7,500
Big Springs
$10.50
Rip Rap
Mid -States
500-1,500
Big Springs
$19.30
Motion was seconded by Flory and carried 3-0.
LECOMPTON/HISTORICAL 01-05-11
Paul Bahnmaier, Lecompton Historical Society, asked the Board to support an initiative to invite Kansas State Government officials to visit Lecompton as part of the 150th Anniversary of Kansas Statehood.
Flory moved to support the anniversary of Kansas Statehood with a proclamation that can be forwarded to our governor and state representatives. Motion was seconded by Gaughan and carried 3-0.
DISTRICT ATTORNEY 01-05-11
Charles Branson, District Attorney, asked the Board to approve a grant match of funds for the District Attorney's Violence Against Women's Act grant.
The District Attorney's office applied for a joint grant with the City of Lawrence. The City asked for two detectives to investigate domestic violence issues. Branson asked for an attorney and a victim coordinator/investigator for the District Attorney's office to complement what the City asked for. Both the City and District Attorney's office received partial STOP grants. The City received enough to fund one investigator and the District Attorney's office received enough to fund an attorney. The one -year grant will provide 75% of the funding with a 25% match. The grant will cover $50,000 of a $76,000 position. In the past, the County has approved employee benefits to be paid through the countywide budget. The total benefits estimate is $13,593. Branson stated with funds in his budget, he can cover the computer and software expenses. He is only asking for the employee benefit expenses to be funded by the County.
Flory asked for confirmation that the 25% was $26,000. Branson stated the $26,000 is the match, but Branson is asking the County to pay $13,593 and his budget will cover the difference.
Thellman asked if this grant is a one-year grant. Branson stated it is a one-year grant and he would expect to lose this position if the grant is not renewed.
Gaughan asked when the grant funding would be available. Branson stated January 1, 2011. He must accept the grant by January 7, 2011. It is a calendar year grant. He would reapply by November 1, 2011. Gaughan stated the Board will discuss the 2012 budget in July and we won't know then whether the grant will be renewed. Branson replied "probably not."
Gaughan asked what Branson will be looking for to measure whether this position is working. Branson stated there are a host of measurables listed in the grant application and in the federal grant guidelines. The overall goal is to match up victims or survivors of violence with a domestic violence attorney.
Flory asked if this position will work with the City investigator position. Branson stated it is his understanding the City Commission moved to absorb their 25% at last night's meeting, and the position is approved.
Gaughan asked if approved will he fill the position internally or will it be a new hire. Branson stated it will be a new hire position which will come with the risk of only lasting one year.
Flory moved to approve the funding amount of $13,593 for employee benefits to be funded through the countywide budget. Motion was seconded by Gaughan and carried 3-0.
PLANNING 01-05-11
The Board considered the approval of a Conditional Use Permit (CUP-9-4-10) for Jayhawk Excavating Truck Storage, on a 20 acre site located at 1724 N 780 Road. The application was submitted by Allen and Teresa Rockhold, property owners of record. Sandra Day, Lawrence-Douglas County Metropolitan Planning Staff, presented the item. The CUP is for truck/equipment storage. It is really similar to a home occupation, but because of certain stipulations it must be considered as CUP. The applicant currently has truck storage and an excavating company operating as two separate businesses. Due to downsizing, he requests to use accessory buildings for storage of material and equipment associated with the operation of Jayhawk Excavating.
Staff recommends approval of a Conditional use permit for the truck storage building at 1724 N 780 Road in the NW 1/4 of section 10-14-20 based upon the findings of fact:
I. Zoning and uses or property nearby. The subject property is located on the south side of n 7800 Rd. The surrounding properties are used for agriculture or agricultural related purposed. Several rural residences are located in the vicinity located along the existing county roads. The subject property and the properties in all directions are zoned A (Agricultural).
II. Character of the area. The area lies beyond any designed Urban Growth Area of Lawrence, Baldwin and Eudora and outside of the three mile buffer of an incorporated city. The area is predominately rural residential/agricultural
in nature.
III. Suitability of subject property for the uses to which it has been restricted. A Conditional Use Permit (CUP) d s not change the base, underlying zoning. The suitability of the property for agricultural or rural residential use will not be altered. The "A" District permits agricultural uses and related uses. The use is suitable to the site and to the uses to which it is restricted.
The proposed structure is of a size and nature that it could be reused for other residential/agricultural purposes if in the future the business element is removed. Storage of personal property is allowed use in the "A" District. Accessory buildings are allowed when a primary building (residence) exists.
IV. Length of time subject property has remained vacant as zoned. County Zoning Regulations were adopted in 1966; this property has been zoned "A (Agricultural)" since that adoption. The property includes multiple improvements.
V. Extent to which removal of restrictions will detrimentally affect nearby property. No detrimental impacts have been identified for this proposed use.
VI. 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. Approval of the Conditional Use Permit would allow the continued operation of an existing business at a smaller scale than currently operated. The Conditional Use Permit provides a clearly enforceable document regarding the expectation of use of the property.
VII. Conformance with the Comprehensive Plan. The issuance of special or conditional use permits is not discussed in Horizon 2020. However, the Plan d s speak to the need to consider and support existing businesses in the county by continuing "to address the needs of existing businesses and industries to ensure their retention in the community..."
And subject to the following revisions and/or additions to the site plan notes are follows:
a. The Conditional Use Permit is approved for 10 years and shall expire July 1, 2020 unless a request for an extension is submitted for approval by the Board of County Commission prior to that date;
b. A review of the Conditional Use Permit in five years, on or before July 1, 2015, by county staff for compliance with the conditions of approval.
c. The conditional use permit is limited to the use only for the storage of Jayhawk Excavating equipment and personal property of the owner/resident of 1724 N 780 Road.
d. Exterior storage of business equipment and materials shall be restricted to the areas shown on the face of the site plan.
e. Dumping of construction debris is prohibited on this site.
f. Wholesale and retail sales are prohibited on this site.
g. Maintenance and repair of equipment shall be limited to that equipment owned by Jayhawk Excavating and personal property of the owner/resident of 1724 N 7800 Road.
h. Exterior lighting proposed to be added to the site to serve the business shall be approved by the County Zoning Administrator. All lighting shall be shielded and directed downward.
i. The applicant is responsible for dust control between the applicant's residence/place of business and the nearest paved road. Dust control measures shall be coordinated with the Township Board. Depending on weather and the time of year, different types of dust control measures may be required to mitigate dust. The Board of County Commissioners retains the right to review the dust prevention methods based on complaints from County Public Works, Township Staff, or neighbor calls to determine if the methods used are sufficient and to direct the applicant to mitigate dust disturbance for future events through an approved treatment for dust control.
Flory asked if the applicant accepts all the conditions placed by the Planning Commission. Allen Rockhold, applicant, stated he would like the CUP to be listed in his name as opposed Jayhawk Excavating only as he is downsizing and will use the storage area for business and personal. Day suggested using the applicant name/resident on the CUP under conditions. Rockhold was agreeable.
He also stated he had concerns about dust control. There is a tremendous amount of agriculture related traffic on N780 Road creating more dust than his two trucks. He asked how the County would determine who would have to pay for the dust control. Flory stated he doubts the dust will be a problem, but the wording is something he has requested for the CUPs. Rockhold can address the issues if there are complaints.
Thellman moved to approve the CUP-9-4-10 for a truck storage building at 624 N 780 Road with the Conditions listed, per language changed discussed on item 3a and 3g to list for storage of trucks and equipment for applicant/ resident for 1724 N 780 Road. Motion was seconded by Flory and carried 3-0.
PLANNING/TRANSPORTATION 01-05-11
The Board considered approval of the Comprehensive Plan Amendment [CPA-3-1-10] to Horizon 2020 for an update to Chapter 8 - Transportation, which was initiated by the Planning Commission on 2/22/10. Todd Girdler, Lawrence-Douglas County Metropolitan Planning Staff presented the item. To summarize, the new Chapter 8 of the Horizon 2020 Comprehensive Plans d s not restate the transportation policies from the T2030 (Comprehensive Transportation Plan), instead it incorporates by references the latest Metropolitan Planning Organization's (MPO) approved Metropolitan Transportation Plan (MTP), as amended. This Chapter 8 amendment simply states that the MTP document constitutes the Transportation element of the Lawrence-Douglas County Comprehensive Plan (Horizon 2020). By approving this new comprehensive plan amendment, the Lawrence City Commission and the BOCC approve the use of the MTP document as the transportation policy guide for comprehensive transportation planning activities conducted by the Lawrence-Douglas County Planning & Development Services Department and the Lawrence-Douglas County Metropolitan Planning Commission. Approval of this amendment constitutes an agreement to use the MTP document as the local and regional policy guidelines in the governing bodies' decision-making process.
Craig Weinaug, County Administrator, clarified that approving the ordinance/resolution would delegate the authority for making amendments to the transportation chapter of the comprehensive plan to the MPO. Approval by the County Commission would no longer be required to make changes in the transportation chapter. Weinaug also stated there is the issue of the different requirements for road classifications that are included in the current Chapter 8 of the comprehensive plan and by taking this action we would repeal what is in Chapter 8. Weinaug suggested deferring the item to review the amendments further.
It was the Consensus of the Board to defer this document for further review and it will be put back on the agenda for consideration of approval in a couple of weeks.
ACCOUNTS PAYABLE 01-05-11
Thellman moved to approve accounts payable in the amounts of $205,044.91 paid on 01/06/11 and $187,716.79 paid on 12/30/10; wire transfer in the amount of $1,304,013.00 paid on 12/30/10; payroll in the amounts of $806,336.07 paid on 12/29/10 and$1,403.22 paid on 12/29/10; KPERS in the amount of $74,631.05 paid on 12/30/10 and $44.16 paid on 12/30/10; and FICA in the amount of $58,988.65 paid on 12/30/10 and $21.90 paid on 12/30/10. Motion was seconded by Gaughan and carried 3-0.
PUBLIC WORKS 01-05-11
Keith Browning, Director of Public Works, asked the Board to consider the approval of an application to KDOT for funding improvements to Farmer's Turnpike (N 1800 Road), where the Berry Plastics project is proposed to be located. If approved the funding would require a 25% match from the County in the amount of $102,000, which would be absorbed through the CIP. It was originally expected that the turn lanes necessary on Farmer's Turnpike to accommodate the Berry development would cost $800,000. We now believe the cost will be closer to $408,000, making the County portion $102,000. The KDOT grant program is for economic development projects with a 75/25 match.
Flory moved approval for the submission of the grant request. Motion was seconded by Thellman and carried 3-0.
PUBLIC COMMENT 01-05-11
Bill Roth, 640 N 775 Road, stated the Fraternal Order of Policeman (FOP) has submitted a permit application to the Planning staff. He stated the County has been involved in litigation with against the FOP for noncompliance with zoning ordinances. He has concerns that the current CUP request makes no accommodations to neighbors. Roth would like to see the facility relocated. He recommends commissioners meet with the Mayor and Chief of Police to discussion the proposition of relocation. Flory stated the application will go to the Planning Commission before it comes to the Board of County Commissioners.
Thellman moved to adjourn the meeting; Gaughan seconded and the motion carried 3-0.
__________________________ ____________________________
Jim Flory, Chair Mike Gaughan, Vice-Chair
ATTEST:
_________________________ ____________________________
Jamie Shew, County Clerk Nancy Thellman, Member
Time and Date