Meeting Information
4:00 p.m.
-Proclamation declaring the month of April as "Child Abuse Prevention Month" (Diana Frederick)
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders;
(b) Consider acquisition of right of way for structure No. 2.00N-9.79E (Michael Kelly);
(c) Consider acquisition of right of way from structures; 17.00N-1.58E; and 17.00N-1.67E; and Consider contract for a tree removal from right of way for same. (Michael Kelly); and
(d) Consent: Consider acquisition of right of way for structure No. 5.00N-20.85E (Michael Kelly);
(e) Receive memo from Douglas County Food Policy Council re: funding and grant opportunities for a Kaw Valley Food Hub Feasibility Study (Eileen Horn)
REGULAR AGENDA
(2) Receive staff report on Agritourism uses and areas of the Construction Codes that apply, with possible amendments identified for Commission discussion. (Linda Finger)
(3) Authorization to award a contract from construction management services for new public works facility (Sarah Plinsky)
(4) (a) Consider approval of Accounts Payable (if necessary)
(b) Appointments
-Lawrence Douglas County Metropolitan Planning Commission 05/13
-Heritage Conservation Council 05/13
-Property Crimes Compensation Board 04/13
(c) Public Comment
(d) Miscellaneous
(5) Adjourn
Gaughan called the regular meeting to order at 4:00 p.m. on Wednesday, April 3, 2013 with all members present.
PROCLAMATION 04-03-13
Diana Frederick, Director of CASA, asked the Board to declare April 2013 as "Child Abuse Prevention Month" in Douglas County and announced those who have committed as Community Partners for 2013. Gaughan moved to approve the proclamation. The motion was seconded by Thellman and carried 3-0.
CONSENT AGENDA 04-03-13
Gaughan moved approval of the following Consent Agenda:
► Acquisition of Right of Way contract for Project No 02000979 Road 61/203 (N200 Rd); Tract No. 1: Roger D and Debra C. Johnson, 1705 N 1399 Road, Lawrence; Tract No. 2: Patricia Jean Gilges, Trustee of the Patricia Jean Gilges Trust Indenture, UTD, 183 E1000 Road, Baldwin City;
► Acquisition of Right of Way contract for Project No17000158 & 17000167 Road No. 178 (N1700 Road); Tract No. 1: Lone Oak, LLC, 319 S. 9th Street, St. Mary's, Kansas; and a Contract for Tree Removal from Right-of-way between Douglas County and Cathy Moore d/b/a Christian and Moore, a sole proprietorship.;
► Acquisition of Right of Way contract for Project 050002085 Road 357 (N500 Rd); Tract No. 1: Gary A. Olmstead Revocable Trust Under Agreement Dated January 17, 1997, 2078 E500 Road, Baldwin City; and Tract No. 2; Robert K. Rohe, single person; and Gregory S. Rohe, single person, 1874 N 201 Diag Road, Baldwin City; and
► Notice received that the Douglas County Food Policy Council is applying for two grants to support research on the feasibility of a regional "food hub" for Douglas County and surrounding counties: 1) USDA Rural Business Enterprises Grant ($58,250); and 2) Kansas Health Foundation Food Policy Planning Grant ($10,000).
Motion was seconded by Thellman and carried 3-0.
ZONING & CODES 04-03-13
The Board of County Commissioners received a staff report on Agritourism uses and areas of the Construction Codes that apply, with possible amendments identified for Commission discussion. Linda Finger, Interim Zoning and Codes Director, presented the item.
In December 2012, the Board adopted Resolution 13-02, which included the adoption of supplement regulations in section 12-319.7 of the Zoning Codes. Kay Pettit, Zoning Department, discussed revisions to the Building Codes to reflect revisions affected by Agritourism concerns.
Discussion consisted five categories:
- Utility (farm stands, farmers market buildings, barns and other buildings housing far equipment/animals/feed & seed);
- Factory (wine production)
- Mercantile (tasting rooms, product sampling, sales areas);
- Residential (farm stays, bed & breakfasts); and
- Assembly) receptions, weddings, fairs and festivals).
Staff suggested but did not recommend the following revisions to the Building Code: Increasing the occupancy allowance of 100 to 300 people in a building before requiring sprinkler systems; and allowing 10 occupants in a Bed and Breakfast business without a sprinkler system. Staff suggested if the Board accepted the amendments, larger exit signs and more smoke detectors should be required in order to seek approval from the Fire Marshall, since Douglas County would be deviating from the adopted 2012 Building Codes.
There was also discussion on if passed, agritourism participants would have different codes then those applying for CUPs, or the other option that the changes would apply across the board including commercial uses.
It was the consensus of the Board that staff and the Board was not comfortable amending the Building Codes at this time. The agritourism regulations are new and the Board will address issues if there is a need in the future. No action was taken.
ADMINISTRATIVE SERVICES 04-03-13
Sarah Plinsky, Assistant County Administrator, outlined for the Board the selection process used to select a Construction Manager for at Risk Services on the Construction of the New Public Works facility. Eleven proposals were received for Phase I. Per statute, only three to five firms can advance to Phase II. Based on quality of the proposals and the experience with similar projects, the facility committee chose five firms to interview. The committee recommended McCown Gordon who agreed to perform the work for a Guaranteed Maximum Price (GMP) of $22,500 which includes within its costs fixed percentages for General Conditions and Fee.
Gaughan opened the item for public comment. No comment was received.
Thellman moved to award a contract to McCown Gordon for Construction Manager at Risk Services for the construction of a new Public Works Facility according to the terms outlined in the contract agreement. Motion was seconded by Gaughan and carried 3-0.
WALK-ON ITEM 04-03-13
England Porter, a representative for Blissful Bite (food truck), asked the Board to consider allowing the owners of Blissful Bite LLC to use Natalya Lowther's farm address as the registered address for their commercial kitchen. The partners do not have a permanent residence for parking the mobile kitchen.
Natalya Lowther, Pinwheel Farms, was recently approved for a special event permit to allow Agritourism events on her property. She stated the food truck would be used at her events and at the Farmer's Market. The truck is currently parked in Baldwin City and the owners would have better access to the mobile kitchen at her farm.
Gaughan asked Lowther if she is a member of the Blissful Bite LLC. Lowther said she is not. Gaughan asked if the food truck is licensed, certified and has insurance.
Jason Herring, co-owner of Blissful Bite LLC 1406 Tennessee Street, said he lives in a housing development with no parking. Herring said he is licensed through the State of Kansas , the permitting for the Farmer's Market is complete and he is one step from being certified and is insured through the previous owner.
The Board discussed regulations that prohibit parking a commercial business on the property of a non-owner. No action was taken.
ACCOUNTS PAYABLE 04-03-13
Flory moved to approve accounts payable in the amounts of $212,147.17 paid on 04/04/13. Motion was seconded by Gaughan and carried 3-0.
Gaughan moved to adjourn the meeting; Flory seconded and the motion carried 3-0.
____________________________ ____________________________
Mike Gaughan, Chair Nancy Thellman, Vice-Chair
ATTEST:
____________________________ _____________________________
Jamie Shew, County Clerk Jim Flory, Member
Time and Date