Amended Agenda

 6:35 p.m.
-Convene

CONSENT AGENDA
(1) (a) Consider approval of Commission Orders;
 (b) Consider approval of applications for authorized emergency vehicle permits for: Duane B. Filkins, Jonathan Albert Morris, William M. Shockley, John E. Steele, Jr., and Dillon Filkins;
(c)  Consider authorization to purchase precast concrete culvert Structure No. 04.00N-09.19E (Keith Browning); and
(d) Consider authorization to purchase precast concrete culvert Structure No. 16.65N-08.00E (Keith Browning); and
(e) Consider acquisition of temporary easement for Project No. 2010-9 Bridge No.15.89N-4.50E (Michael Kelly)
  
REGULAR AGENDA    
(2) Public Hearing on the Resolution of Intent to issue IRBs for Berry Plastics project; and
Consider approval of application for tax abatement for Berry Plastics and consideration on infrastructure funding request.(Craig Weinaug)

(3) Consider approval of a Site Plan [SP-11-58-10] for a 662,626 square foot Berry Plastics warehouse and    printing facility on approximately 97.16 acres located northwest of the intersection of N 1800 and E 700 Roads. Site plan was submitted by Paul Werner Architects for Rockwall Farms, LC, property owner of record. (Mary Miller is the Planner)

(4) Consider approval of [SP-11-57-10] a Site Plan for The Woods a Corporate Retreat; NE of intersection of E 700 and N 1800 Roads. Variance from requirement in Section 20-811 of the Subdivision Regulations that on-site sewage management systems be provided for subdivisions within the rural portion of the county. (Mary Miller is the Planner)

(5)  Discuss proposed amendment to KSA 12 - 187 addressing the process for adopting a countywide sales to support open space and industrial park development, broadening the possible uses of tax
(Craig Weinaug)-No backup

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

(7)  Adjourn  

Flory called the regular session meeting to order at 6:35 p.m. on Wednesday, February 2, 2011 with all members present. 
 
CONSENT AGENDA 02-02-11
Flory moved approval of the following Consent Agenda:

► Emergency Vehicle permits for: Duane B. Filkins, Jonathan Albert Morris; William M. Shockley; John E. Steele, Jr; and Dillon Filkins;
► Authorized the Public Works Director to approve the purchase of a 14' span x 10' high x 50' long precast concrete culvert from Oldcastle Precast at a cost of $67,070.00 for installation at 04.00N-09.10E;
► Authorized the Public Works Director to approve the purchase of a 14' span x 10' high x 45' long precast concrete culvert from Oldcastle Precast at a cost of $66,270.00 for installation at 16.65N-08.00E; and
► Contract for Highway Purposes for an Acquisition of Easement replacing Bridge No. 15.89N-4.50E with Max and Wilma Rife, 467 N1600 Road, Lawrence. Road No. 649 (E 450 Road) Project No. 2010-9, Tract 1.

Motion was seconded by Thellman and carried 3-0.

PUBLIC HEARING/BONDS 02-02-11
Flory moved to open a public hearing on a resolution of intent to issue IRBs for Berry Plastic Project; to consider approval of and application for tax abatement for Berry Plastics; and to consider infrastructure funding request.  Motion was seconded by Thellman and carried 3-0.

Ross Freese, engineer for Berry Plastics, gave an update since the October 15, 2010 request for funding, the estimated costs for the improvements to Farmer's Turnpike have come in $390,000 less than originally anticipated. And additional cost of $500,000 has been added for a 500,000 gallon reservoir for the fire suppression. The proposal would be that a combination of County, KDOT and CDBG funds through Kansas Department of Commerce would be used for the access road and that Berry would be responsible for all going care and maintenance of that road from Farmer's Turnpike to the site itself. The CDBG funding is half grant and half loan, with the loan portion being the responsibility of Berry Plastics.

The CDBG funding would be a request from Douglas County to the Department of Commerce. The County would be applying for a total project amount of $700,000 half of which would be in the form of a grant and the other half would be a 10-year, 2% loan that would be paid back by Berry. These funds if received would be used to defray the costs of infrastructure improvements that would be part of the project.

The accel/decel lane cost is $408,000. The County on a previous date has applied for KDOT funding for 75% of this cost. The internal access road is estimated at $483,000 with Berry proposing $175,000 of CDBG funds be used to pay for a portion, and $308,200 of our $600,000 original incentive from the County. Waterline improvements are estimated at $175,000 would come out of County funds to increase certain sections of waterline from Hwy 10 to project site. The final infrastructure item drip waste water $125,000 would come from CDBG funds and fire system storage tank at $500,000, with $50,000 from CDBG funds loan portion and $350,000 by loan portion, with remaining balance coming from project.
 
Thellman asked if Berry would be building the warehouse to a certified sustainability level and asked if they have taken the step to become LEED certified. Freese stated there is an economic factor involved in building. They are not sure exactly what being LEED certified means. It may too costly. Weinaug clarified that it is not the cost of building the warehouse in a way that makes it LEAD certifiable, the cost of having someone certify it.

Paul Werner, Paul Werner Architects, stated to file for LEED certification could cost $18,000-30,000 just to file the application to start the process, could easily be $100,000. He has put together a cost benefit analysis to pursue sustainability. He prefers to go through the list and make the right decisions.

Roger Zalneraitis, Economic Development Coordinator/Planner, presented the cost benefit analysis for the proposed abatement for the Berry Plastics project. Berry's motivation for building the distribution center is to consolidate storage for the Lawrence manufacturing plant. The center will employee 200 jobs over three shifts plus the 11 jobs moved from Topeka. Berry will use Industrial Revenue Bonds (IRBs) up to $21M at no cost to the County, but the bonds will be signed by the County. This will give the client a better interest rate. Berry is requesting a 10-year, 90% tax abatement and $600,000 in infrastructure assistance from the County. Berry hopes to receive $700,000 through the CDBG grant/loan.

Robert Weilminster, Executive Vice President, Corporate Development for Berry Plastics, stated Berry has 68 plants in North America.  When Berry expands they do look at the expansion as a partnership with the community. Berry has spent the most capital during the past five years in Evansville and Lawrence. The incentive package Berry is asked the County to participate in is extremely important and Berry understands its commitment to the community. He is asking the County to honor the original incentive request of $600,000.

Beth Johnson, Chamber of Commerce, commented on Berry's willing to provide our community with technical training through Johnson County Community College, school districts, public and private organizations offering training opportunities, and gave plant tours to elementary students. Berry has had a positive effect on our Community.

Flory moved to close the public hearing. Motion was seconded by Thellman and carried 3-0.  

At 7:55 p.m., the Board took a 5 minute recess.

The Board reconvened at 8:00 p.m.

Flory commented the Board had not heard from a single opponent to the proposed Berry project and d s not see a down side to issuing the IRBs with a  90% tax abatement for 10 years. The consensus was the Board supports the tax abatement. 
 
Flory moved to approve Resolution 11-03, a resolution of the Board of County Commissioners of Douglas County, Kansas determining the advisability of issuing industrial revenue bonds of said County for the purpose of financing the acquisitions, construction, installation, and equipping of a manufacturing and warehouse facility to be located in said County to issue up to $21 million in revenue bonds for Berry Plastics; approval of and application for a 90%, 10-year tax abatement for the Berry Plastics' project. Motion was seconded by Gaughan and carried 3-0.

On the Farmer's Turnpike issue and infrastructure improvements, Weinaug stated the current net cost for improvements are estimated at $425,000 if we're not successful in receiving the KDOT grant and $110,000 if the grant is received. 

Flory stated he would like to see the County get some benefit from having the potential for KDOT funding and CDBG funding. For the Farmer's Turnpike, Flory suggested funding $102,200 to go along with the KDOT $306,600 to fund the full project. In the event the KDOT funding is not received he would be willing to commit the entire amount. With respect to the access road, he feels the County should share in the benefit of CDBG funding perhaps the remaining amount $308,200 could be a 50/50 shared amount from the applicant and with county portion being $154,100. On the waterline improvements, he feels our original commitment of $175,000 is appropriate. Bottom line, the County's commitment would be $431,300 with the caveat that we would commit remainder of the balance for the Farmer's Turnpike, if the KDOT grant is not received. Or, we could make our offer contingent upon receiving the KDOT grant.

Thellman stated she did not want to commit more than $600,000 and prefers to be under that amount.  

Gaughan commented that during the budget last year we set aside $350,000 for economic development and this is what he envisioned using the money for.

Flory stated his amended proposal would be a firm commitment on the $431,300 with the caveat being if the KDOT funding is not approved the County would approve addition funding up to a $600,000 maximum.

Gaughan stated that proposal seems reasonable but he was hoping to commit a smaller amount. His concern is committing to a free for all on County incentives. There is money set aside for projects and he d sn't want to imply the County will match this commitment to every project.

After discussion, Flory moved to approve the current proposal commitment of $431,300 incentive to Berry Plastics for Farmer's Turnpike access Road improvements and water; with a provision that if KDOT d s not approve the grant, the County would increase commitment to maximum of $600,000. Motion was seconded by Gaughan and carried 3-0.

PLANNING 02-02-11
The Board considered approval of SP-11-58-10, a site plan for a warehouse and printing facility for Berry Plastics on approximately 97.16 acres located northwest of the intersection of N 1800 and E 700 Roads. The application was submitted by Paul Werner Architects for Rockwall Farms, LC, property owner of record. The current zoning and land use is I-2 (Light Industrial) District and agricultural land uses with wooded open space. This facility will provide expansion area for the existing Berry Plastics warehouse located in Lawrence. Mary Miller, Lawrence-Douglas County Metropolitan Planning Staff, presented the item.

Staff recommends approval of the Site Plan SP-11-58-10 for a warehouse and printing facility at the northwest corner of the intersection of N 1800 and E 700 Roads subject to the following conditions:

1.  The applicant shall provide 4 full-sized copies of the site plan, revised with the following changes:
a)  Note the protection measures and maintenance responsibility for the environmentally sensitive lands located within Tract A on the plan.
b)  Revise General Note 1.8 as follows: "The Board of County Commissioners approved a variance from the requirement to have an on-site sewage management system for platted lots [Section 20-811(d), Subdivision Regulations] at their December 22, 2010
meeting to permit the development to utilize an off-site sewage management system subject to the condition that easements, or other mechanisms acceptable to the Lawrence-Douglas County Health Department and County Counselor, for property
containing the off-site sewage management system and its connection to the platted lot shall be dedicated by separate instrument or recorded with the Register of Deeds."
c)  Property Information Note 2.2 revised to show I-2 as the current zoning, the subject
property is no longer zoned 'A'.

d)  Show 2 egress lanes and 1 ingress lane on the N 1800 Road access.
e)  List the Book and Page Number for the off-site access easement for the access drive onto N 1800 Road to the west of Lot 2.
f)  Include the Book and Page Number for the recorded agreement regarding the maintenance responsibility for the detention ponds to the east of Lot 2 in General Note 1.6.
g) List the Book and Page Number for the shared access easement for the entrance to Lot 1.
h)  List the Book and Page Number for the recorded easement or other mechanism acceptable to the County Engineer and County Counselor for the drainage detention being provided to the west of Lot 2.
i)  Addition of the following note to the plan: "In the event that the trees along the west property line are removed or reduced to the degree that glare occurs to neighboring properties, the lighting fixtures shall be revised to a cut off fixture or other means shall be utilized to prevent glare and light trespass to adjacent properties."
j)  Add a note to the site plan indicating that the following improvements shall be made to N 1800 Road with this development, per the approval of the County Engineer:
  -The west-bound right-turn lane to the facility will be extended to accommodate truck traffic;
  -An east-bound, left-turn lane will be added to N 1800 Road to allow vehicles
accessing the site from the west to move out of the flow of N 1800 Road traffic when entering the site.
k)  Add a note to the plan which states that a revised site plan shall be submitted to the Planning Office and approved by the County Commission prior to development occurring  in Phase 2.
l)  The note regarding road improvements to N 1800 Road may need to be changed to
reflect County's participation following the Commission's action on that item.
2.  An agreement between Lots 1 and 2 which specifies the maintenance responsibilities and permits shared vehicular access to N 1800 Road should be executed and recorded with the Register of Deeds prior to the site plan being released for building permits.
3.  Prior to building permits being issued, a permit must be obtained from the appropriate regulatory agency for the sewage management system to serve Lot 2.
4.  Prior to release of the site plan for building permits, documentation of Southern Star's approval of the load analysis and design of the access drive which crosses their easement must be provided to the Planning Office.
5. The property owner shall construct the off-site drainage detention systems to the east, per the drainage study, and west, as recommended by the County Engineer, with the development to provide stormwater management. Occupancy permits shall not be released until the completion of the off-site drainage detention systems which includes a detention area to the west and the pond to the east as identified in the drainage study.
6.  Prior to release of the site plan, the preliminary plat shall be revised to include an access easement for the access drive along the east side of the warehouse and returned to the County Commission for acceptance of dedication. The final plat will be revised to reflect the new easement for completion of the administrative review. (For discussion of options)
7.  The site plan shall not be released until the final plat has been recorded with the Register of Deeds.
8.  A maintenance agreement which identifies the off-site detention/retention ponds to the east which the owner of the warehouse facility is responsible for maintaining and which outlines the maintenance responsibilities shall be prepared in a form acceptable to the County Engineer and County Counselor and recorded with the Register of Deeds.
9.  The off-site detention system to the west of Lot 2 shall be tied to Lot 2 through an easement or other mechanism suitable to the County Engineer and County Counselor which is recorded at the Register of Deeds Office.
10.  Prior to building permits being issued, Lot 1 shall be split so that only that amount of property needed to accommodate the proposed building, parking and associated site elements, and future expansion shown on the site plan for Berry Plastics is maintained.
Application to rezone the property to an appropriate zoning district shall be made by the owner of the new remainder lot but the zoning need not be established prior to issuing Berry Plastics a building permit to construct the proposed facility.

Miller stated the ponds on the east have been enlarged to accommodate the stormwater flow. Required parking of 35 spots has been increased to 135 spaces to accommodate shifts and allows each worker to drive his/her own vehicle. Of the conditions of approval noted in the staff report includes several easements and agreements which must be recorded prior to release of the site plan. The County Commission has already approved a variance for offsite sewage management system if necessary. The site plan designates an area for an on-site drip-irrigation system and an on-site lagoon system for sewage management. A maintenance agreement which identifies the detention pond and outlines the maintenance responsibilities should be prepared in a form acceptable to the County engineer and County Counselor and recorded with the Register of Deeds. The access drive for Lot 1 of N1800 Road has been relocated off of the platted property and will require an access easement and will need to be dedicated by separate instrument. This drive also crosses a Southern Star easement which contains a buried gas line. An access easement will be required. Regarding the relocation of the access drive it was agreed with the applicant an agreement would be recorded outlining the maintenance responsibility and access as outlined in Condition No. 2, eliminating the need for Condition 6.

Paul Werner, Paul Werner Architects, stated once the first final plat is submitted, he plans to initiate a lot split and a rezoning application at the same time.

Flory opened the item for public comment. No comment was received.
 
Gaughan moved to approve the Site Plan 11-58-10 for Berry Plastics subject to the above-listed conditions and striking Condition No. 6. Motion was seconded by Flory and carried 3-0.

PLANNING 02-02-11
The Board considered approval of SP-11-57-10, a site plan for The Woods, a rural corporate retreat which includes a banquet facility and tavern which are classified as Personal Services; lodging which is classified as Hotels, Motels, or Motor Hotels; a conference center which is classified as an Amusement Place; as well as accessory sports fields and swimming pool which are classified as Accessory Uses on approximately 107 acres located northeast of the intersection of E700 and N1800 Road. The application was submitted by Paul Werner Architects for Rockwall Farms, LC, property owner of record. Mary Miller, Lawrence-Douglas County Metropolitan Planning Staff, presented the item.

Miller stated as a portion of the access drive for the corporate retreat is located off-site, an agreement shall be executed for the maintenance and use of the access drive which shall be recorded with the Register of Deeds. A variance was approved by the County Commission for an off-site sewage system, either drip irrigation or lagoon. The chapel shown on the site plan needs to be relocated to the platted lot or removed. The larger parent parcel lost its vested right to a building permit when it was subdivided through the Platting of Lot 1.

Gaughan asked if the chapel was moved to lot 1, would the site plan need to come back. Miller stated it could be moved with this site plan, but at a later date the site plan would need to be revised.
 
Staff recommends approval of Site Plan SP-11-57-10 for a rural corporate retreat and accessory sports field be approved subject to the following conditions:
 
1.  The applicant shall submit 4 copies of a revised site plan with the following changes:
 a.  Revise General Note 1.8 to clarify that all wooded areas located beyond the 20 ft buffer surrounding improvements are the protected features referenced in the Temporary Set Aside Agreement.
 b.  Note the proposed use as a 'corporate retreat' rather than a 'country club'.
 c.  Add the following note to the plan: "A permit for the sewage management system must be obtained before building permits may be issued. If the lagoon system is used, a Kansas Department of Health and Environment permit is necessary. If thedrip irrigation system is utilized, a permit from the Lawrence-Douglas County Health Department must be obtained."
d.  Add the following note to the plan: "The Board of County Commissioners approved a variance from the requirement to have an on-site sewage management system for platted lots [Section 20-811(d)] to permit the lot to have an off-site sewage management system subject to the condition that easements, or other mechanisms acceptable to the Health Department and County Counselor, for property containing
the off-site sewage management system and its connection to the platted lot(s) shall be dedicated by separate instrument or recorded with the Register of Deeds."
 e.  Show the trash storage area on the plan.
 f.  The chapel and associated parking shall be relocated to Lot 1, or removed from the plan, as the proposed location is on unplatted property and is located in the required buffer area.
 g.  The site plan shall contain the following note: "Environmentally sensitive lands shall be protected as required in the Temporary Set Aside Agreement which was recorded at Book_____ Page _______."
 h.  Show or note the area that a right-turn lane will be added to N 1800 Road.
 i.  Note the Book and Page Number for the recorded easement or agreement for the off-site sewage management system and connection to Lot 1.
2.  An agreement between Lots 1 and 2 which specifies the maintenance responsibilities and permits shared vehicular access to N 1800 Road should be executed and recorded with the Register of Deeds prior to the site plan being released for building permits.
3.  If exterior lighting is proposed, the site plan must be revised to show the location of all exterior lighting.
4.  Permits shall be obtained for the off-site sewage management system prior to the release of building permits.
5.  The access easement for the Lot 1 access drive which is located on Lot 2 shall be dedicated by separate instrument and recorded with the Register of Deeds prior to the site plan being released for building permits.
6. The final plat for Rockwall Farms Addition shall be recorded prior to the release of the site plan for building permits.

Paul Werner, Paul Werner Architects, stated he is "OK" with all of the conditions. He d sn't understand why the chapel can't go in the buffer area.  He feels the subdivision regulations were meant to cause so much replatting in the agricultural use.

Flory opened the item for public comment. No comment was received.

Gaughan moved to approve Site Plan SP-11-57-10 for The Woods with recommended condition as listed above. Motion was seconded by Thellman and carried 3-0.

SALES TAX DISCUSSION 02-02-11
The Board discussed the proposed amendment to KSA 12-187 addressing the process for adopting a countywide sales tax to support open space and industrial park development and broadening the possible uses of tax.
 
Flory stated the statute on the books d sn't cover all activities he feels this commission might want to pursue. The amendment would be for a proposal of sales tax at .25% for economic development, heritage preservation and open space conservation. The statute as exists and it would be amended would not prevent each city from using the entire amount of their money for any one of the named purposes.

After discussion, The Commission agreed to direct County Administrator to find a legislative sponsor to introduce an amendment to KSA 2010 Supp. 12-187. Section 1, subparagraph 11 to state: The Board of County Commissioners of Douglas County may submit the question of imposing a countywide retailers' sales tax at the rate of .25% and pledging the revenue received therefrom for the proposes of conservation, access management of open space; preservation of cultural heritage; and for industrial and business park related economic development projects and activities.

ACCOUNTS PAYABLE 02-02-11
Flory moved to approve accounts payable in the amount of $1,326,970.36 paid on 01/31/11.Motion was seconded by Thellman and carried 3-0.

Flory 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