Meeting Information
WEDNESDAY, APRIL 29, 2015
6:00 p.m.
-Proclamation for JAAA to declare May 2015 as “Older American’s Month.” (Joselyn Lyons)
-Proclamation to affirm May 2015 as “National Preservation Month.” (Lynne Braddock Zollner)
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders;
(b) Consider resolution approving Cereal Malt Beverage License for Poor Farm Restaurant located at 598 N 1190 Road, Lawrence, Kansas;
(c) Consider resolution approving Cereal Malt Beverage License for the Clinton Store located at
598 N 1190 Road, Lawrence, Kansas; and
(d) Consider awarding construction contract for Project Nos. 2013-17 & 2014-05 for the rehabilitation of Bridge No. 11.86N-15.00E and Route 1055 pavement reconstruction north of Wakarusa River Bridge (Keith Browning)
REGULAR AGENDA
(2) Consider approval of a joint City-County Emergency Management Resolution establishing the Douglas County Emergency Management Board as the Local Emergency Planning Committee (Teri Smith)
(3) Authorization request for BoCC Approval for County Administrator to sign the “BizFuel” Memorandum of Understanding during 2015 Small Business Week (5/5/2015). “BizFuel” is a Public/Private Partnership that will employ a collective impact approach to assist Small to Medium Enterprises (SMEs) to start, grow, add jobs, and succeed. Partners will work collaboratively to provide strategic efforts for SMEs in Lawrence and Douglas County. (Cyndi Hermocillo-Legg)
(4)TA-14-00548: Consider a Text Amendment to clarify locational and developmental standards for Value-added Agricultural Business Conditional Use and to clarify the uses which are permitted on non-conforming vested properties. Initiated by County Commission on 12/17/14. (PC Item 5; approved 8-0 on 3/23/15) Mary Miller is the Planner.
(5) (a) Consider approval of Accounts Payable (if necessary)
(b) Appointments
-Board of Zoning Appeal (1) eligible for reappointment 10/2014
-Douglas County Senior Services Board of Directors (2) positions
-Heritage Conservation Council-(2) positions - 05/2015
(c) Public Comment
(d) Miscellaneous
(6) Adjourn
April 29, 2015
Flory called the regular meeting to order at 6:00 p.m. on Wednesday,
April 29, 2015 with all members present.
PROCLAMATION 04-29-15
Flory moved to approve a proclamation declaring May 2015 as “Older American’s Month.” Motion was seconded by Thellman and carried 3-0.
PROCLAMATION 04-29-15
Thellman moved to approve a proclamation affirming May as “National Preservation Month” in Douglas County. Motion was seconded by Gaughan and carried 3-0.
CONSENT AGENDA 04-29-15
Gaughan moved approval of the following Consent Agenda:
► Commission Order No. 15-023 (on file in the office of the County Clerk);
► Resolution 15-12 granting a cereal malt beverage license to Poor Farm Restaurant located at 598 N 1190 Road;
► Resolution 15-11 granting a cereal malt beverage license to the Clinton Store located at 598 N 1190 Road; and
► Construction contract in the low-bid amount of $672,251.50 with King Construction for Project Nos. 2013-17 and 2014-05, rehabilitation of Bridge No. 11.86N-15.00E and Route 1055 pavement reconstruction north of the Wakarusa River bridge, and authorization for the Public Works Director to approve change orders totaling up to 10% of the total contract amount.
Motion was seconded by Gaughan and carried 3-0.
EMERGENCY MANAGEMENT 04-29-15
Flory moved to approve Resolution 15-10, a joint cities-county emergency management resolution establishing a Douglas County Emergency Management Board as the local Emergency Planning Committee and specifying the duties of the Emergency Management Director. Motion was seconded by Thellman and carried 3-0.
ECONOMIC DEVELOPMENT/BIZFUEL 04-29-15
The Board considered a request to approve a Memorandum of Understanding to establish a partnership with the City of Lawrence, Economic Development Corporation of Douglas County, Lawrence Chamber of Commerce, KU Small Business Development Center and the Lawrence Public Library to work as a Small Business Facilitator (SMF) for small to medium enterprises (SME). Cyndi Hermocillo-Legg, Small Business Facilitator, presented the item.
The local public/private collaborative is called “BizFuel” will act as a coordinated SME Network to provide services and support to facilitate educational, legal and financial gains to expand SMEs of Douglas County. BizFuel is similar to the Douglas County E-Community program.
Thellman asked what the County’s role will be since we have already established E-Community which is a successful program, and who would lead. Hermocillo-Legg responded BizFuel will work conjunction with E-Community and would intersect with the E-Accelerator program offered by the County. Hermocillo-Legg said she will be available to assist Douglas County as the lead contact for this program.
Thellman stated it takes expertise for a small business to expand. Currently the county’s E-Community program is staffed by our management interns. Having Hermocillo-Legg as consultant would be a great asset.
Flory asked if KU Small Business will be involved. Hermocillo-Legg replied, yes.
Scott McCullough, Director of Planning, stated each organization partner will bring programs together to supply support to new or growing business. BizFuel does not replace any existing organization. It will offer joint programs and seminars, and create a shared calendar of different events
Flory opened the item for public comment. No comment was received.
Thellman moved to authorize the County Administrator to sign on behalf of the County Commission the Strategic Partnership Memorandum of Understanding. Motion was seconded by Gaughan and carried 3-0.
PLANNING 04-29-15
The Board considered TA-14-00548, a Text Amendment to clarify locational and developmental standards for Value-added Agricultural Business Conditional Use and to clarify the uses which are permitted on non-conforming vested properties. The item was initiated by County Commission on December 17, 2014 and approved by the Planning Commission on an 8-0 vote on March 23, 2015. Mary Miller, Lawrence-Douglas County Metropolitan Planning Staff, presented the item.
A Value-Added Agricultural Business conditional use is a business that adds value to an agricultural product by a change in the physical state of an agricultural commodity that is not produced on site.
The Commission discussed the various changes which were proposed with the Value-added Agricultural Business text amendment.
Regarding the Minimum Site Area requirement, (Standard ‘g’ in the current Code), staff pointed out that the text amendment to add the Value-added Agricultural Business to the uses permitted with a CUP was initiated in 2008 and was processed concurrently with a resolution establishing standards to assist County Staff in determining when a use is considered ‘agricultural’ and thereby exempt from the building permit requirements. Standard ‘g’ referred to the County’s adopted policy for agricultural uses; however, a Value-added Agricultural Business is not required to have an agricultural component. Some, or all, of the commodities can be brought to the site. The Commission discussed the CUP process and noted that all CUP requests will be brought to them for consideration with public notice and determined that it would be more appropriate to determine an adequate site area on a case-by-case basis. The Commission supported the removal of Standard ‘g’.
The Commission discussed Standard ‘h’ which requires the site comply with the minimum frontage requirements in the Access Management Standards. The Access Management Standards address only residential uses, but they do note that residential properties that were created prior to the adoption of the standards are not required to comply. Keith Browning, Director of Public Works, stated that the intent was for the standards to apply to newly created properties and that they should apply to other properties than residential. He supported the proposed language but suggested an abbreviated version: “Properties must meet the same Access Management Regulations as residential dwellings, at a minimum. Additional standards may be applied following the review of the anticipated traffic generated by the use and resulting traffic safety impacts.” It was the consensus of the Board they preferred the revised frontage language as suggested by Browning.
Standard ‘e’ was divided into 2 standards to create a new standard related to off-site impacts. Odor was added to the list of items which are not to be perceptible at the property line.
The Commission accepted the Planning Commission’s recommended revision to Standard ‘e’, Environmental Considerations to include compliance with all EPA water and air quality standards.
Miller provided examples of uses which have been approved recently on nonconforming properties, either with less area than required in the district or less frontage than required in the Access Management Standards. Miller indicated that the nonconforming use question was larger than the Value-added Agricultural Business Use and should be looked at comprehensively. No action was taken on nonconforming properties at the meeting.
Flory opened the item for public comment.
Quinn Miller, Douglas County resident, stated he feels the City is creeping into the country. He asked Mary Miller what types of CUP businesses have been approved that didn’t comply with the standards. Miller replied a lawn business, an entertainment event center, educational facility, rural water district pump station, all requiring a CUP.
Linda Long, 1164 E 1500 Road, asked how many acres are required to be an agriculture business. Miller responded 40 acres or the business must make $1000 per year off the land for an activity to be considered agricultural and be exempt from the building permit requirement, otherwise a CUP is required or a building permit.
Long asked why the mico brewery needed a CUP and is not a rural business since the owners live on the property. Miller responded the business may have fallen under the Home Occupation which is renewed frequently, but some owners prefer the CUP because they are investing a lot into the business with a longer time span. Long asked if a CUP can have a yearly review. Miller stated it can, it’s up to the County Commission.
Mike May, 1545 N 1175 Road, stated was glad to see the new language includes odor restriction criteria.
Willis Long, 1164 E 1500 Road, stated his biggest concern is property values. He asked if applicants can be required to do a property value study. Flory responded “no.” Anything that people want to do in an area will trigger concern about property value.
Flory closed the public comment.
Flory moved to approve TA-14-00548, text amendment to clarify locational and developmental standards for Value-added Agricultural Business Conditional Use and to clarify the uses which are permitted on non-conforming vested properties, revision to f, g and h using simplified language submitted by staff for Road Access and Frontage, all falling under section 12-319-4.35 for Value –added Agricultural Business in the Access Management Standards. Motion was seconded by Thellman and carried 3-0.
ACCOUNTS PAYABLE 04-29-15
Gaughan moved to approve accounts payable in the amount of $916,065.85 to be paid on 04/30/15; and payroll in the amounts of $860,034.05 paid on 04/15/15, $26,517.89 paid on 04/22/15, and $869,185.34 paid on 04/29/15. Motion was seconded by Flory and carried 3-0.
APPOINTMENT 04-29-15
Flory moved to appoint Dave Reynolds to the Board of Zoning Appeals for a first term to expire 10/31/2017. Motion was seconded by Gaughan and carried 3-0.
APPOINTMENT 04-29-15
Flory moved to appoint Steve Tesdahl to the Douglas County Senior Services Board of Directors willing the unexpired term of Sue Brown to expire 12/31/2015. Motion was seconded by Gaughan and carried 3-0.
Flory moved to adjourn the meeting; Gaughan seconded and the motion carried 3-0.
____________________________ ____________________________
James E. Flory, Chair Mike Gaughan, Vice-Chair
ATTEST:
____________________________ _____________________________
Jamie Shew, County Clerk Nancy Thellman, Member
Time and Date