Meeting Information
6:35 p.m.
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders; and
(b) Consider approval of a resolution extending the Burn Ban in the unincorporated area of Douglas County (Teri Smith);
REGULAR AGENDA
(2) Public Hearing for the 2013 Budget and consideration for approval
(3) Public Hearing on disposal of certain Douglas County property described as the east approximately 2.11 acres of Lot A, Block 7, Southridge Addition No. 3, an Addition to the City of Lawrence, Douglas County, Kansas. (This is part of the process to consider implementation of an agreement with Tenants to Homeowners (TTH) to provide senior housing option adjacent to United Way center.)(Craig Weinaug)
(4) Discussion of Douglas County Fairgrounds easement (Chad Luce, Westar Energy)
(5) Consider approval of Emergency Communications System Funding Agreement (Scott Ruf)
(6) Receive presentation and consider approval of a change of administrative procedures for issuance of building permits for accessory buildings that contain full bathrooms or are for private use on registered home business sites. (Linda Finger)
(7) Other Business
(a) Consider approval of Accounts Payable (if necessary)
(b) Appointments
(c) Public Comment
(d) Miscellaneous
(8) Adjourn
Gaughan called the regular meeting to order at 6:35 p.m. on Wednesday,
August 8, 2012 with all members present.
EMERGENCY MANAGEMENT/BURN BAN 08-08-12
The Board considered the approval of a resolution to continue the burn ban through August 15, 2012 in the unincorporated area of Douglas County. Jillian Rodriguez, Assistant Director of Emergency Management, stated she consulted with the township fire chiefs regarding the continuation of a burn ban and it was the consensus the ban should stay in force.
Gaughan opened the item for public comment. No comment was received.
Flory moved to approve Resolution 12-28 providing for the imposition of restrictions on certain burning practices in the unincorporated area of Douglas County through August 15, 2012 unless the County Commission Chair terminates the ban prior to August 15, 2012. Motion was seconded by Gaughan and carried 3-0.
MISCELLANEOUS 08-08-12
Thellman introduced Jack Bellemere, a visitor from 9-year-old from Raintree Montessori School, who has interest in local government and aspirations to be a County Commissioner.
BUDGET 08-08-12
Gaughan moved to open a Public Hearing to accept comments on the consideration of the 2013 Budget. The motion was seconded by Thellman and carried 3-0.
Steve Nowak, Director of Watkins Museum and Douglas County Historical Society, stated his support for the 2013 budget and particularly for its inclusion of funds for Heritage Conservation.
Gaughan moved to close the public hearing. Motion was seconded by Flory and carried 3-0.
Flory stated he supports the budget because it holds the line on the mill levy. He said he feels the Board is making a mistake for not dedicating more funding to the capital improvement fund in case of unforeseen expenses. He agrees with the mill levy but disagrees with some of the spending.
Thellman stated she is pleased with the budget. The Board was able to hold the line on property taxes and yet still allow for some flexibility as changes with the state legislature funding affects local budgets.
Gaughan feels the County has been good stewards of the resources received from the taxpayers and feels the Board was able to make compromises despite different perspectives toward funding.
Gaughan moved to adopt the 2013 budget. Motion was seconded by Thellman and carried 3-0.
PUBLIC HEARING/DISPOSAL OF COUNTY PROPERTY 08-08-12
The Board conducted a Public Hearing on the disposal of certain Douglas County property described as the east approximate 2.11 acres of Lot A, Block 7, Southridge Addition No. 3, an Addition to the City of Lawrence, Douglas County, Kansas. This is part of the process to consider implementation of an agreement with Tenants to Homeowners (TTH) to provide senior housing rental properties adjacent to United Way center.
Rebecca Buford, Director of Tenants to Homeowners, Inc., stated before they invest anymore funds to the development process, they would like to have site control. TTH is looking at applications for tax credit financing and other things that help with affording housing. The project would be restricted to seniors only and even though the houses would be rental properties, most people would stay long term.
Gaughan opened the Public Hearing to allow public comment.
Jean Affalter, 2543 Cedarwood, presented a petition to the Board from neighbors in opposition of the project. She prefers the vacant lot be made into a park.
Hank Booth, Chamber of Commerce and member of the Senior Retiree Taskforce, stated his support for the project.
Jennifer Decker, 1703 W 25th Street, stated her land is adjacent to the open lot. She is opposed to the plan and feels land would be better suited as a park.
Helena Delk, 2565 Cedarwood Avenue, spoke in opposition of the development. She is worried about stormwater issues created by the development and also would like to see the property developed as a park.
Flory clarified that this is a hearing to consider deeding the property to TTN, who will have to go through the entire development process with the City of Lawrence. The neighbors will have the opportunity to address the City Commission with their concerns. Also, if the Board decides to approve the conveyance of property, it will be strictly for the purpose of senior housing. If the plan d sn't get approval through the City, the property will revert back to the County.
Thellman explained that during the formal planning process, the neighbors will receive written notification of the process and signs will be posted on the property. However, TTH cannot move forward at this stage until it is determined if the County is willing to go through with a property transfer.
Linda Finger, Douglas County Planning Resource Coordinator, responded to the County Administrator's question regarding planning steps by stating that in the draft of the 2006 Development Code, she remembered seeing a requirement that an applicant meet with the neighborhood association, if one existed, was a pre-requisite to filing an application. She strongly encouraged the TTH to have a meeting with the neighborhood.
Vicki Taylor, landlord for 2546 Cedarwood Avenue, stated she was concerned the new development would cause water runoff problems.
Sean Metzinger, 2537 Cedarwood Avenue, recently purchased a lot near the proposed development and d sn't want to live near a construction site. He wants to see the property remain a vacant lot.
Dave Affalter, 2543 Cedarwood, stated he also prefers the property remain green space. He moved to the neighborhood because of the vacant lot.
Bonnie Uffman, 408 Johnson, stated she never made an assumption that someone is going to ask her permission for what happens to somebody else's property across the street. And, she d sn't understand the objection by the neighbors to live next to senior citizens whom one would think would be the most unobjectionable kind of neighbors possible.
Gaughan moved to close public hearing. Motion was seconded by Flory and carried 3-0.
Gaughan discussed the steps required by TTH in order for the project to occur. He said he understands the neighbors' reservations but this is a necessary process. The County owns the land and in order to continue discussions with TTH, this is a required step. Gaughan stated he believes this is a worthy process for exploration.
Flory said he also understands the neighbors concerns but he also sits on the Retirement Taskforce. One of the responsibilities of the community is to provide moderate housing for middle class seniors. Flory said we're lacking good quality housing for moderate income retirees. During the course of the taskforce work he became aware of the proposal from TTH which he feels is exactly the type housing he'd like to see not just at this location by United Way, but at other areas in the community. He also stated every vacant lot is open to improvement. This is not an approval of the whole process, just a green light to try to make this happen. He encouraged the neighborhood to make the Planning and City Commissions aware of their concerns.
Thellman stated she agreed with the other Commissioners that this project seems to be a promising improvement and the right thing to do. She said the Board has to look at the facts and not emotions.
Flory moved to approve the Commission Order conveying Lot A, Block 7, Southridge Addition No. 2, an addition to the City of Lawrence, Kansas to Tenants to Homeowners, Inc. for a senior housing project; and to approve a Grant Agreement with Tenants to Homeowners, Inc. outlining the East and West Tracts of land at the above legal description, with the West Tract containing the building and parking area used by United Way; and the East Tract consisting of the 2.11 acres of vacant land to be used by TTH for senior housing, all contingent upon meeting the City requirements for development. Motion was seconded by Thellman and carried 3-0.
WESTAR ENGERGY/EASEMENT 08-08-12
Chad Luce, Westar Energy, asked the Board to consider granting a power line easement to build a new substation approximately 900 feet north of the existing substation on the former Farmland property. Moving the substation will allow the City to extend O'Connell Road North into a proposed business park and will provide Westar with additional capacity to serve future customers. The easement for the substation would cross the eastern boundary of the Douglas County Fairgrounds.
The consensus was the Board is considering capital improvements to the fairgrounds and wasn't ready to make a decision until they've had a chance to speak with the fair board. No action taken.
EMERGENCY COMMUNICATIONS 08-08-12
Gaughan moved to approve the Emergency Communications System Funding Agreement with the City of Lawrence to share the costs of capital improvements for the unified emergency communications system in the approximate amount of $6,000,000, with the City paying 66% of the improvements costs and the County paying 34%. The terms are outlined in the agreement and include a credit toward the City's share of the cost of improvements in the amount of $1,260,616 representing the County's agreed upon but previously unpaid share of costs of the City's main fire station located at 19th and Iowa. Motion was seconded by Thellman and carried 3-0.
ZONING & CODES 08-08-12
Linda Finger, Interim Director of Zoning and Codes, presented the Board with proposed changed to administrative policy procedures that the Zoning & Codes office was interested in instituting for the issuance of building permits for accessory buildings that either contained a full bathroom or that were for private use on registered home business sites.
The construction of accessory buildings on rural property is a permitted use in all three residential districts in the County ("A" Agricultural, "A-1" Suburban Home Residential, and "R-1"Single-Family Residential). Finger stated she had been working with the County Counselor and would like to require that an affidavit be filed with the Register of Deeds office for these two types of accessory buildings. By filing on public record, the property owner's building intentions for the use of accessory outbuildings, it would be clear to all how the building could be used in the future, without additional permits or review. The draft affidavits had been prepared by the County Counselor.
It was the consensus of the Board that affidavits were a logical solution to one of the problems landowners are experiencing in the unincorporated areas of the County. They encouraged staff to continue in their efforts to try to find workable solutions that met both property owner and county needs.
Gaughan opened the item for public comment. No comment was received.
Flory moved to adopt the change in administrative policy and procedures to permit the use of signed and recorded affidavits for accessory buildings with full bathrooms, or those built for personal use on registered home business properties. Motion was seconded by Gaughan and carried 3-0.
ACCOUNTS PAYABLE 08-08-12
Gaughan moved to approve accounts payable in the amount of $343,869.56 to be paid on 08/09/12 and wire transfers in the amounts of $400,000.00 paid on 08/07/12 and $17,122.06 paid on 07/31/12. Motion was seconded by Thellman and carried 3-0.
Gaughan moved to adjourn the meeting; Thellman seconded and the motion carried 3-0.
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Mike Gaughan, Chair Nancy Thellman, Vice-Chair
ATTEST:
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Jamie Shew, County Clerk Jim Flory, Member