Meeting Information
4:00 p.m.
Consider approval of the minutes for September 24, October 29, and November 5, 2014
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders;
(b) Consider acquisition of ROW for project No. 23C-4640-01; Route 1055 between Baldwin City and Vinland, for two parcels (Michael Kelly);
(c) Consider Authorization to solicit construction bids for Project No. 2013-18, Deck replacement
for Bridge No. 08.74N-07.95E Route 1039 bridge over Washington Creek at Lone Star town (Keith Browning);
(d) Consider contract for county copiers with Ricoh USA, Inc. (Jackie Waggoner);
(e) Consider accessing the state contract for improving technology in the courtrooms (Jackie Waggoner)
REGULAR AGENDA
(2) Consider funding NetWork Kansas E-Community E-Accelerator Program (Leslie Herring)
(3) Consider taking action on three City of Lawrence annexation proposals, sending all three requests
back to the City of Lawrence requesting direction from the City Commission (Weinaug).
(4) Discussion on Facility Needs for Capital Improvement Plan (Sarah Plinsky)
(5) (a) Consider approval of Accounts Payable (if necessary)
(b) Appointments
-Board of Zoning Appeal (2) eligible for reappointment 10/2014
-Building Code Board of Appeals (1) eligible for reappointment 12/2014
-Fire District No. 1 – 12/2014
Jayhawk Area Agency on Aging Board of Directors – (2) vacancies
Jayhawk Area Agency on Aging Tri-County Advisory Council – (2) vacancies
(c) Public Comment
(d) Miscellaneous
RECESS
RECONVENE
6:35 p.m.
(6) Continued discussion on CUP-14-00304: Consider a Conditional Use Permit for Central Soyfoods LLC, a Value Added Agriculture use, at 1168 E 1500 Rd. Submitted by David Millstein, property owner of record. (PC Item 3; approved 10-0 on 9/22/14), as tabled from the 10/22/14 meeting.
(7) Adjourn
Thellman called the regular meeting to order at 4:00 p.m. on Wednesday, November 19, 2014, with all members present.
MINUTES 11-19-14
Thellman moved to approve the minutes for September 24, October 29 and November 5. Motion was seconded by Gaughan and carried 3-0.
CONSENT AGENDA 11-19-14
Thellman moved approval of the following Consent Agenda:
- Commission Order No.14-046 (on file in the office of the County Clerk);
- Acquisition of Easements for Project No. 23C-4640-01; County Route 1055, Road No. 290 (E1700 Road) for: Daniel Shane Koehler, Baldwin City, Kansas; and Wyane E. and Diane. A. Weege, Baldwin City, Kansas;
- Authorization to solicit bids for Project No. 2013-18, deck replacement for Bridge No. 08.74N-07.95E, which carried Route 1039 over Washington Creek near Lone Star Lake;
- Accessing the U.S. Communities contract with Ricoh USA, Inc. for a 60-month lease of 58 multi-function copiers for an annual cost of $71,887.56 with service at a cost per copy rate of $0.005 for black/white and $0.0491 for color, and authorized changes in an amount up to $20,000 to be approved administratively;
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Waived the formal bidding process and authorized staff to access the State contract with Mission Electronics Inc. for technology improvements in the following courtrooms:
- Division IV Courtroom $62,738
- Division III Courtroom $23,032
- Division V Courtroom $23,032
- Division VI Courtroom $23.032
- Total Contract $131,834
Motion was seconded by Flory and carried 3-0.
E-COMMUNITY PROGRAM 11-19-14
The Board considered funding the NetWork Kansas E-Community E-Accelerator Program. Commission Thellman presented the item.
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The E-Accelerator program offered through NetWork Kansas offers an opportunity for the Douglas County E-Community to maintain its momentum. E-Accelerator pairs E-Communities with a private consultant/coach who would facilitate an individualized assessment of our communities’ (1) resources, (2) current assets of existing businesses, and (3) leaders/contacts to act as point people for businesses success. After performing initial assessments, the private consultant would assist the E-Community in prioritizing preferences and strategizing goals to then begin a dialogue within the communities to meet these preferences and goals.
Thellman stated Baldwin, Eudora and Lecompton have really worked well together since 2011 with their E-Community and shared resources, and a revolving loan fund setup through the County. They are now ready to take the next step by finding leadership and businesses with growth potential that are ready to expand.
Normally funding for participation in E-Accelerator is provided by NetWork Kansas. However, this funding is not available to Douglas County this fiscal year as funds have already been distributed. E-Accelerator coach Jack Newcomb with Advancing Rural Prosperity has offered his services to the Douglas County E-Community for a total fee not-to-exceed $10,000. Funds are available in the 2015 Economic Development budget for the Douglas County E-Community revolving loan fund, and the 2015 Budget includes unrestricted economic development funds of $63,700.
Thellman opened the item for public comment. No comment was received.
Thellman moved to approve funding the Douglas County E-Community’s participating in NetWork Kansas’ E-Accelerator program on a self-pay basis not to exceed $10,000 with work to begin January 2015. Motion was seconded by Gaughan and carried 3-0.
ANNEXATIONS 11-19-14
The Board considered taking action on three City of Lawrence annexation proposals, sending all three requests back to the City of Lawrence requesting direction from the City Commission. Craig Weinaug, County Administrator, presented the item.
Weinaug stated the memo from legal counsel summarizes the following three annexation cases and outlines the possible courses of action:
1. Baggett v. Bd. of County Comm'rs, Douglas County District Court Case No. 08 CV 371(“Case 1”), dealing with 155+/- acres.
2. Scenic Riverway v. Bd. of County Comm'rs, Douglas County District Court Case No. 11 CV 034 (“Case 2”), dealing with Venture Properties land.
3. Scenic Riverway v. Bd. of County Comm'rs, Douglas County District Court Case No. 11 CV 572 (“Case 3”), dealing with Rothwell land.
A considerable length of time has gone by since these annexations were approved. There were different members on the City Commission as well as different members on the County Commission. Weinaug suggested sending the three annexations back to the City Commission to see if they are still interested in annexing these properties. If so, the City Commission can refer the items to the Planning Commission to make a decision.
Thellman opened the item for public comment.
Gaughan agreed with the suggestion to send the items back and start from the beginning.
Flory stated he disagreed with the Court of Appeals decisions. He feels the appropriate measure would be to return the items to the City Commission and they can take the step to come back to the County, under the guidelines issued by the Court of Appeals.
Thellman agreed to send the items back to the City, though she said she agreed with the Court of Appeals decision.
Glenda Ross, 1855 E 950 Road, asked what caused these annexations to be on the agenda.
Flory stated we have pending court cases with these annexations. The County Counselor said we need to take some action. If the property owners and the city still desire an island annexation for these properties, we need to start the process over. The City will need to initiate. This Horizon 2020 and the Northwest Corridor plan listed this land as projected industrial. If there are thoughts that this should not be that, it needs to changed before we see these items again.
Flory moved to send the three island annexation listed above, back to the City Commission for consideration. Motion was seconded by Gaughan and carried 3-0.
CIP/FACILITY NEEDS 11-19-14
Sarah Plinsky, Assistant County Administrator, lead a preliminary discussion with the County Commissioners on the facility needs as listed in the Capital Improvement Plan which included expected repairs, upgrades and expansions to Douglas County facilities. Staff will bring back a revised CIP within the next few months to consider for adoption. No action was taken.
WALK-ON ITEM/COURTHOUSE 11-19-14
David Sparkes, Director of Maintenance, told the Commissioners he discovered a leak in the foundation on the south side of the County Courthouse which he believes comes from a roof leakage or gutter issue.
ACCOUNTS PAYABLE 11-19-14
Thellman moved to approve accounts payable in the amounts of $718,514.52 to be paid on 11/20/14 and $286,101.43 paid on 11/13/14. Motion was seconded by Flory and carried 3-0.
APPOINTMENTS 11-19-14
Flory moved to reappoint Kay Hodge to the Board of Zoning Appeals for a second term to expire 10/31/17. Motion was seconded by Gaughan and carried 3-0.
RECESS
At 5:40 p.m., the Board recessed until the 6:35 p.m. meeting.
RECONVENE
At 6:35 p.m., the Board returned to regular session.
PLANNING/CUP 11-19-14
The Board continued discussion on CUP-14-00304, a Conditional Use Permit for Central Soyfoods LLC, a Value Added Agriculture use, located at 1168 E 1500 Road, as tabled from the October 22, 2014 meeting.
Gaughan stated received a letter from surrounding neighbors and it was incorporated into the Commissioners’ agenda packet.
John Bullock, Stevens and Brand, was present for the County Counselor.
Thellman stated no public comment would be received. To pass the CUP applications, a unanimously vote would be required due to a valid Protest Petition received from the surrounding neighbors. Thellman opened the item for Commission discussion.
Flory stated he made it clear at the last meeting he was not inclined to approve this CUP application based on this thoughts of the existing regulations and how this came about. There is a matter of interpretation that can be done that could go either way. This is a Conditional Use Permit, which is the starting premise. The applicant is requesting an exception to the norm, something that is not a matter of right but is an exception to the listed zoning of the area. It is a vested parcel, meaning the existing use not-withstanding the regulations in 2006, allows it to continue that use even though it may be nonconforming to current use. This is a new use that is not permitted by right for a vested parcel. The approval of this CUP would authorize the change in the nature of the property from residential to commercial. Flory said in his view being a vested property does not exempt the property from the existing development standards which he feels is consistent with legal counsel. The language of the existing development standards supports the denial of the CUP. He said he also questions using five acres as an adequate minimum site area, but that’s not a question the Commission needs to answer.
Flory said he is not inclined to be abidingly interpret our existing regulations just to approve this CUP.
Gaughan said it should bring a comfort to the neighborhood to know there will be a no vote among the three commissioners. Gaughan stated he planned to vote in favor of the CUP. He feels the neighborhood would have eventually welcomed the business. He doesn’t think it takes a creative reading of the Zoning Regulations to justify this position. He understands Commissioner Flory’s position and feels it is fair, but unfortunately not for CentralSoy. Few businesses are better fit for this neighborhood then the Millstein’s operation would be. He feels this was blown completely out of proportion.
Gaughan moved to approve to approve CUP-14-00304, a Conditional Use Permit for Central Soyfoods LLC. Motion was seconded by Thellman and failed with a 2-1 with Flory in opposition. (Due to a valid Protest Position, approval required a unanimous vote.)
Thellman added the CUP causes this proposal to be treated like a new parcel. She believes five acres would have been sufficient this business. She feels CentralSoy would have been good neighbors. She hopes people will still be encouraged to promote value added agriculture.
Flory added he was concerned by approving this CUP, the County was setting a precedent where someone would find a vested parcel, acquire it and them come in and ask for a different use or zoning. That would be a bad precedent to set. He suggested the County may need to review our current regulations.
Gaughan moved to adjourn the meeting; Flory seconded and the motion carried 3-0.
____________________________ ____________________________
Nancy Thellman, Chair Jim Flory, Vice-Chair
ATTEST:
___________________________ _____________________________
Jamie Shew, County Clerk Mike Gaughan, Member
Time and Date