Meeting Information
WEDNESDAY, JANUARY 23, 2019
4:00 p.m.
-Consider approval of the minutes for January 9, 2019.
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders;
(b) Notice of intent to solicit bids for CIP Project No. 2019-70, Bridge Deck patching and overlay (Keith Browning); and
(c) Notice of intent to solicit vides for CIP Project No. 2018-52 repainting steel bridge superstructure. (Keith Browning)
REGULAR AGENDA
(2) Discuss processes for converting a private road to a public road. (Keith Browning)
(3) Approve a proposal with Travelers for several general property and liability insurance coverages effective February 1, 2019, in an amount not to exceed $462,889. (Sarah Plinsky)
(4) Accounts Payable
(5) Appointments:
-Board of Zoning Appeals (1) position open 10/17
-Building Code of Appeals Board (2) positions open12/16
-Community Corrections Advisory Board (1) position open 08/31/18 (educator)
-Criminal Justice Coordinating Council (1) position (District 1 Commissioner Appointee)
-Douglas County Fair Board (2) positions: Willow Springs and Kanwaka
-JAAA Advisory Council (2) position
-JAAA Board of Directors (1) position
-Joint Economic Development Council (2) positions
-Lawrence-Douglas County Advocacy Council on Aging (2) open positions
-Mental Health Board (1) position open 04/18
-Senior Resource Center (1) position open 12/31/18
(6) General Public Comment
(7) Commissioner and/or Administrator Miscellaneous
RECESS
RECONVENE
6:00 p.m.
(8) Consider approval of application ZAGT-2018-0006 for an Agritourism Tier II request for an Event Center at 1173 N 150 Road, Baldwin City. (Tonya Voigt)
(9) Adjourn
January 23, 2019
Derusseau called the regular meeting to order at 4:00 p.m. on Wednesday, January 23, 2019 with all Commissioners present.
MINUTES 01-23-19
Derusseau moved to approve the minutes from January 9, 2019. Motion was seconded by Thellman and carried 2-0-1 with Kelly abstaining.
CONSENT AGENDA 01-23-19
Derusseau moved approval of the following Consent Agenda:
► Commission Order Nos. 19-005 and 19-006 on file in the office the County Clerk;
► Notice of intent to solicit bids for CIP Project No. 2019-70, Bridge Deck patching and overlay; and
► Notice of intent to solicit bids for CIP Project No. 2018-52 repainting steel bridge superstructure.
Motion was seconded by Kelly and carried 3-0.
PRIVATE ROAD DISCUSSION 01-23-19
Keith Browning, Director of Public Works, lead a discussion regarding the process of converting a private road to a public road. Browning cited Home Rule Resolution No. 08-5-2 which provides policy consideration when establishing or extending public roads based upon landowner initiated requests; and Charter Resolution No. 07-4-1 which exempts Douglas County Kansas from the Provisions of K.S.A. 68-102 relating to the laying out, altering or vacating roads when the County Commission feels it is in the best interest for public service.
This discussion came about from calls by landowners living in the Urban Growth Area on private roads asking the County or Township to take over maintenance. Discussion included the following:
• In most cases, the private roads were not built to County standards and narrowly built to save property owners money.
• Chip and sealing would make the road narrower.
• Roads in the City of Lawrence are 60 feet wide, roads within the County are built 70 feet wide.
• Statutes prohibit the County or Township from working on private roads.
• Home Rule Resolution No. 08-5-2 provides a petition process for landowners to bring their road request before the County Commission where they can evaluate the cost, safety and environmental considerations for road improvements.
• There are 25 cluster developments in Douglas County with 13 of these cluster developments being in Wakarusa Township. The total length of roads in the 13 developments is 2.6 miles. Staff cautioned that if the Board were to act roads on one cluster development, there will be more requests.
• The Board of County Commissioners determines what roads the County will maintain. If a road is declared a rural road, maintenance would be assigned to the Township and they would bear the costs of maintenance.
Derusseau opened the item for public comment.
Charles Taylor, Wakarusa Township Trustee, stated the Township is willing to maintenance any road upgraded to County standards. However, they are not into building roads for developers. His concern is the private roads are too narrow for emergency vehicles to turn around, which is a safety concern.
Paul Oehlert, Douglas County resident, said he lives in one of the subdivisions in discussion. When he bought his property he fully knew what he was getting into regarding maintenance. However, if his property were to be annexed into the City, he asked who would maintain it. He feels his tax dollars are paying for both private road maintenance and Township road maintenance.
Dean Grob, Grob Engineering, stated he has designed 10 of the 13 cluster development roads. He feels the road maintenance should be taken over by the Townships because there is nothing stopping other county residents from using those private roads.
Derusseau said she initiated the discussion because of calls she received from residents in her district who don’t understand why the County or Township is not maintaining their roads.
Thellman suggested it would be appropriate to add the Zoning and Codes Department into any roads conversation as staff is in the process of updating our regulations. Browning added that Planning Staff also needs to be involved in this conversation. New regulations will come before the County Commission this summer and there are economic considerations in considering County/Township maintenance. We can publicize the process under HR 08-5-2 where landowners can petition the County for a road extension.
Oehlert asked how the County and Wakarusa Township can collect taxes and not provide service to his road.
Sarah Plinsky, Interim County Administrator, stated paying money to the Township also covers fire protection and having a road system maintained by a Township is a public service. It’s a taxing jurisdiction.
Oehlert said when these subdivisions are annexed into the City limits, he feels the Wakarusa Township will have to absorb the costs of maintaining these roads. It must be figured into the taxes he is paying because he is paying the same as everyone else. He said he is OK with not paying the money and maintaining the road himself.
Derusseau said she understands what Oehlert is asking and what she is hearing from Plinsky is the road when it was built wasn’t built to Douglas County or township standards resulting in some cost savings; and she said Oehlert accesses county roads to get to and from his neighborhood. She said she also understands Oehlert is paying the same as everyone else.
Oehlert said he is actually paying more. He is paying his taxes plus private funding for maintenance of the private road.
Derusseau asked staff to look into this issue. Plinsky said staff can look at this and look at ways to make it clear to those who plat that these issues might arise later.
Eugene George, Wakarusa Township Treasurer, asked if the Township Fire Department were to get call on a private road and the road is too narrow for the truck to go down, would the Township be liable?
It was the consensus of the Board to schedule a future discussion on private road maintenance and include the Planning, Zoning and Codes and Public Works departments.
No action was taken.
PROPERTY AND LIABILITY INSURANCE 01-23-19
The Board considered a proposal received from Travelers for the renewal of property and general liability insurance coverages effective February 1, 2019, in an amount not to exceed $462,889. Sarah Plinsky, Interim County Administrator, presented the item.
Douglas County’s General Property and Liability Insurance coverage expires on February 1, 2019. This package includes property crime, Inland Marine, General Liability, Employee Benefits Liability, Law Enforcement Liability, Public Management Liability, Employment Practice Liability, Machinery and Equipment Breakdown and Business Auto Coverage.
The County’s insurance broker, Willis, negotiated with Travelers and worked with another carrier, One Beacon, to solicit bids. Overall, Travelers proposal is a 6% reduction in our 2018 premium of $492,015, which is an extremely competitive proposal.
Staff recommended acceptance of the Travelers proposal.
Derusseau opened the item for public comment. No comment was received.
Derusseau moved to approve the proposal with Travelers for several general property and liability insurance coverage (as listed above) effective February 1, 2019, in an amount not to exceed $462,889. Motion was seconded by Kelly and carried 3-0.
ACCOUNTS PAYABLE 01-23-19
Derusseau moved to approve accounts payable in the amount of $923,350.93 to be paid on 01/24/19. Motion was seconded by Thellman and carried 3-0.
APPOINTMENT 01-23-19
Thellman moved to approve the appointment of Gerald Wohletz to the Douglas County Zoning Board of Appeal Board to partial term expiring 10/31/2020, replacing Dave Reynold. Motion was seconded by Derusseau and carried 3-0.
GENERAL PUBLIC COMMENT – none.
COMMISSIONER AND/OR ADMINISTRATIVE MISCELLANEOUS 01-23-19
1) Kelly thanked the Commission Board for sending him to the Kansas Association of Counties New Commissioners Retreat. He stated it was a great networking opportunity.
2) Kelly stated he met with the group Justice Matters with District Attorney Charles Branson to share information on the jail study. He appreciated hearing their ideas and sharing what we are doing in the County.
3) Kelly stated he is providing community office hours to hear public comment at the Watson Barbershop, Thursday, January 24 at 5:30-6:30 p.m. He will be at Hy-Vee on 6th Street, Saturday, 9:00 a.m. – 11:00 a.m. You can find his Community Hours listed at patrickkellyfordouglas county.com.
4) Two or more Commissioners may be in attendance to the Community Conversation on Race discussion at the Public Library on January 26.
RECESS
At 4:50 p.m., the Board recessed until the 6:00 p.m. meeting.
RECONVENE
At 6:00 p.m., the Board returned to regular session.
ZONING AND CODES 01-23-19
The Board considered approval of an application ZAGT-2018-0006 for an Agritourism Tier II request for an Event Venue to be located at 1173 N 150 Road, Baldwin City. The application was submitted by Kyle and Codi Wentzel, property owners of record. Tonya Voigt, Zoning and Codes staff, presented the item.
Derusseau disclosed ex-parte communications with a Willow Springs Official.
Registration of Tier II (medium intensity) Agritourism uses require approval by the Board of County Commissioners. The Wentzel’s are requesting approval for a proposed event venue which will allow members of the general public for recreational and entertainment purposes such as weddings, receptions, work events, family gatherings and farm related exhibits and tours. The plan is to construct a barn style structure consisting of both an event venue on the main floor, and a residence on the bottom floor. The proposed application is for a year-round event center. The occupancy of the structure is determined by available seating for up to 150 people with 75 off-street parking spaces, including five ADA spaces.
Staff presented the following required standards:
• The operators of the Agritourism use shall be limited to the property owner or operator, his/her family members and employees.
• Adequate parking shall be provided on-site for the use, including ADA parking. Parking for Tier II is limited to 100 parking spaces. No parking can occur on adjacent roads. For the purpose of calculating parking requirements, parking is calculated at a rate of one parking space per two attendees.
• In order to minimize noise from the agritourism use the following are prohibited:
1) Motors or motorized vehicles, with the exception of agricultural machinery and vehicles or electric motors;
2) Outdoor amplification of sound: such as auctioneering speakers or amplified music (with the exception of a stereo or radio).
• If Agritourism activity is to occur outside of daylight hours, a plan shall be provided which shows the location of lighting for the activity and the type of lighting fixtures being used, as well as, means taken to shield the lighting to insure no trespass or glare to adjacent properties.
• Sanitary facilities shall be provided in accordance with Lawrence Douglas County Health Department requirements for the use and expected attendance.
• With the exception of agricultural activities, no activities associated with the Agritourism use may occur within 50 feet of a property line of the subject parcel.
Staff recommended conditions include:
• Entrance permit must be obtained by Willow Springs Township and Douglas County Public Works meeting commercial standards. No additional entrances will be permitted.
• Dust palliative program be applied annually and coordinated with Douglas County Public Works. All costs shall be reimbursed to Douglas County Public Works.
• Implementation of a speed limit and maintenance agreement with Willow Springs Township.
• If events exceed the number of parking spaces and occupancy rate allowed by Tier II standards, a Conditional Use Permit is required.
• Event hours proposed only between the hours of on Fridays and Saturdays 9 a.m.-11 p.m. and Sunday 9 a.m.-5.p.m.
• No camping allowed.
• No smoking shall be posted in all areas; a designated smoking area must be established on a hard surface using proper receptacles for disposal.
• ADA spaces shall be clearly delineated in the parking areas and designed in accordance with the ADA Guidelines and Zoning Regulations.
• Map of the location of off-premise directional signs and signed forms from each property owner where a sign is located. Signs are not permitted on road rights-of-way and are limited to 30 sq. inches in size. The only information to be displayed on the signs include the event name, contact phone number, and directional arrow.
• Signs are permitted to be set one day prior to the event and must be removed and properly disposed of the day after the event.
• No fireworks will be permitted. No fires will be allowed if a burn ban is in effect.
• No lighting shall project onto adjoining residential lots. Use of spot lighting or other glaring lighting is prohibited.
• Applicant shall ensure that only caterers licensed by the State of Kansas are contracted to provide food.
• All applicable liquor and/or cereal malt beverage licenses must be obtained.
• The purchase of alcohol at each event shall cease at 10 p.m.
• Motors or motorized vehicles are prohibited, with the exception of agricultural machinery and vehicles or electric motors.
• Outdoor amplification of sound; such as auctioneering speakers or amplified music is prohibited.
• The wastewater system be approved by the Douglas County Health Department.
• A rural certificate of survey is required prior the obtaining a building permit.
• Registration for the Agritourism business with the Kansas Department of Wildlife, Park and Tourism (KDWPT)
Staff received comments from neighboring property owners regarding concerns with traffic, property boundaries, gunfire and noise.
Derusseau asked how this Tier II event center differs from the Stoney Point event center, also located in Douglas County. Voigt responded Stoney Point has a Conditional Use Permit (CUP) which was approved prior to agritourism regulations.
Derusseau asked how the County would address complaints. Voigt responded staff would investigate any complaints and if there is a violation, staff would come back before the County Commission for guidance.
Kelly stated the application was only marked for wedding receptions and similar uses. Voight replied she spoke to the owners, Kyle and Codi, in detail. They do have crops on the property and want to keep farm-related exhibits and tours on the list of uses.
Codi Wentzel, applicant, responded to several Commissioners questions which included: The applicant did receive the list of concerns from the surrounding neighbors. They want to assure that they will be good neighbors. Wentzel addressed all concerns noted. They planted 100 new trees to curb the noise; have addressed the gun fire noises by including that into their contracts; their events will end at 11:00 p.m. to help reduce noise; the agreed to dust palliative treatment once the business is up and running; and agreed to a speed limit change. They want their business to benefit their family and the community.
Derusseau opened the item for public comment.
Ross Jones, Douglas County resident, asked how they intend to keep the 100+ attendees on the property.
C. Wetzel responded there is no guaranteed of keeping anyone on anyone’s property. However, there is a creek on one side of the property and a tree line on the other. They are also willing to put up signs.
Jeff Whaley, Douglas County resident, had concerns about the event venue bringing lots of traffic to the area causing safety worries.
Marvin Strong, Douglas County resident, stated concerns about traffic leaving the events and that this business is just shy of being a commercial use.
Clint Hornberger, Willow Springs Township, said he had talked with the applicants regarding the entrance to the property and also feels the road is fine for the amount of traffic expected. He agreed the dust palliative treatment will be a good thing.
Derusseau closed public comment.
Kelly asked the applicant if he has spoken to his insurance company about traffic, signage and possibly fencing. Kyle Wetzel replied he plans to speak to his insurance company if he receives approval from the County. He is willing to consider fencing but would rather try signage first to insure attendees will remain on the property.
Thellman said the County has come a long way on trying to find ways to honor the landowners’ right to do more with their land then just ag related events without spoiling the land. We’ve gone farther than some counties to help neighbors but we need to walk a careful line. We are trying to encourage ag events, not discourage them. Thellman said she appreciates the applicant’s willingness to try to help with the neighbors’ concerns.
Thellman asked for clarification that the events will have no more than 150 attendees and the applicant will live on the property year-round and manage the event space.
Kyle Wetzel responded that is correct.
Derusseau added there are natural buffers on the land and no house is really close to the property.
Kelly clarified this is a registration process and will only come back before the Board if there is an enforcement issue. Voigt responded, yes, there is an automatic renewal process with an application from the State Department of Wildlife and Parks in five years. It’s similar to a CUP process. Staff will look at the application every five years. Complaints will be received at the Zoning office and staff will come back before the Commission if the complaints are significant, without waiting for the five-year renewal.
Derusseau asked that the following be added to the list of conditions:
• No overnight events.
• Attendees must vacate the property at 11:00 p.m. If someone wants to do multiple day events, they will came back the following day at 9:00 a.m.
• To the “no fireworks” condition add “no fire dancers and no Chinese lanterns”
• No shooting events. This is not a public gun range. A CUP will be required for a gun range.
• No parking on the township road.
• No DJs or music outside. All events should be in the event building.
Derusseau moved to approve the application ZAGT-2018-0006 for an Agritourism Tier II request for an Event Venue at 1173 N 150 Road, Baldwin City with staff’s recommended conditions as listed above and the added conditions above by the Board of County Commissioners.
Motion was seconded by Thellman and carried 3-0.
Derusseau moved to adjourn the meeting. Motion was seconded by Thellman and carried 3-0.
____________________________ ____________________________
Michelle Derusseau, Chair Patrick Kelly, Vice-Chair
ATTEST:
____________________________ _____________________________
Jamie Shew, County Clerk Nancy Thellman, Member
Time and Date
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