Commission Board Meeting on Mon, November 19, 2007 - 8:30 AM


Meeting Information

8:30 A.M. (Meet in the JLE Building, EOC Room, 2nd Floor)
-Convene
 
CONSENT AGENDA 
(1) (a) Consider approval of Commission Orders;
 (b) Consider approval of CUP-08-08-07: Conditional Use Permit for a retail nursery at `+264 E 2100 Road. Submitted by William Voigts Jr., property owner of record. (Sandra Day, Planner);
 (c) Consider approval of Agreement for the Provision of Health Care Services between BOCC and LMH for health care services to inmates (Ken McGovern);
 (d) Consider approval of a resolution establishing a 30 MPH speed limit for a portion of N 400 Road in Palmyra Township (Keith Browning)
 (e) Consider approval of a resolution establishing a 40 MPH speed limit for a portion of N 400 Road in Willow Springs Township;(Keith Browning); and
 (f) Consider approval of CUP-02-02-07: Conditional Use Permit for a grass airstrip, located at 593 E 1250 Road, Baldwin City. James and Barbara Butell, property owners of record. (Mary Miller)
  
REGULAR AGENDA    
 (2) Consider purchase to improve technology in the Courtrooms, tabled from the November 12, 2007 meeting (Jackie Waggoner)

(3) Consider approval of SP-10-69-07: A site plan for the development of an 75' x 200' industrial shop building with a 25' x 160' accessory lean-to structure, located at Maple Grove North No. 3, Lot 4, approximately 700' north and 500' east of the intersection of Highways 24/40/59, (second lot in from Highway 24/59). Submitted by Paul Werner Architects, agent for First Management Inc., property owner of record. Paul Patterson is the Planner.

(4) Consider applying for Hazard Mitigation Grant Funding (Terri Smith)-Backup to be provided Friday

(5) Consider approval of bid for basement to Dreher Building (Pam Madl)

 (6) Other Business
  (a) Consider approval of Accounts Payable (if necessary)
  (b) Appointments
  (c) Miscellaneous
  (d) Public Comment

(7)  Adjourn


 


Johnson called the meeting to order at 8:30 a.m. on Monday, November 19, 2007 with all members present. 

CONSENT AGENDA 11-19-07
Jones moved approval of the following Consent Agenda:

 ► Commission Order No. 07-167 (on file with the office of the Clerk); 
 ► Agreement for Acceptance for the Provision of Health Care Services between the Board of County Commissioners of Douglas County and Lawrence Memorial Hospital for health care services to inmates; 
 ►  Resolution No. 07-49 establishing a 30 miles per hour maximum speed limit  on a portion of N 400 Road in Palmyra Township; and
 ► Resolution No. 07-50 establishing a 40 miles per hour maximum speed limit  on a portion of N 400 Road in Willow Springs Township.

The motion was seconded by McElhaney and carried unanimously.

The following two items were pulled from the Consent Agenda:

PLANNING 11-19-07
The Board considered the approval of CUP-08-08-07, a Conditional Use Permit for a retail nursery at 264 E 2100 Road tabled from the November 12, 2007 meeting. The Board had concerns of whether the entrance to the nursery was adequate. Linda Finger, Resource Planning Coordinator, was present for the discussion. She stated Keith Browning, Director of Public Works, spoke with Palmyra Township representatives and visited the site since the November 12, 2007 meeting. Browning recommended the following conditions be added to the CUP: 1)Obtaining an entrance permit from Palmyra Township, and 2) Constructing the entrance as permitted.

McElhaney stated he is in favor of the CUP, but suggested adding a time limit to the conditions. He would like to see all conditions met by yearend. Jones suggested instead having Staff report back to the Board on the status of meeting the conditions by the end of the year. Johnson said the property owners are not in compliance until the conditions are met and he would assume they would be anxious to complete them.

Jones moved to approve CUP-08-08-07, for a retail nursery subject to the following conditions:
1) Provision of a revised site plan to include the following notes;
a. The permit will be administratively reviewed by the County in 5 years (Calendar Year 2012).
b. The permit will expire at the end of 10 years (Calendar Year 2017), unless an application for renewal is approved by the local governing body.
c. Retail area shall not exceed 3,500 square feet of enclosed net retail space.
And  additional conditions added by the BOCC: 1) Obtaining an entrance permit from Palmyra Township, and 2) Construction the entrance as permitted; and directed Staff to report to the Board by the end of the year on the status. Motion was seconded by McElhaney and carried unanimously.

PLANNING 11-19-07
The Board considered the final approval of CUP-02-02-07, a Conditional Use Permit for a grass airstrip, located at 593 E 1250 Road, Baldwin City. The item was heard at the November 14, 2007 meeting where the Board took a preliminary vote for approval and directed staff to prepare conditions for the CUP. James Butell, property owner, asked that the item be pulled from the consent agenda so he can make a statement to the Board. Butell said he d s not like the condition of the 12-month review of the CUP and feels he is being penalized for the Federal Aviation Administration (FAA) not responding in a timely manner.

McElhaney stated the Board is well aware of the time frame and should keep the  12- month review in place. Johnson stated he d s not want to penalize the property owner for the FAA not responding in a timely manner. However, if the FAA has not been provided the appropriate documentation or given the reasonable amount of time to make that decision, then he would hold the owner accountable. He agrees with McElhaney to leave the conditions the way they are. 

Jones moved to approve the CUP-02-02-07 as amended including the following conditions:

1) Provision of a revised site plan to include the following notes:
a. The CUP will be reviewed by the Board of County Commissioners (not administratively) in approximately 12 months (late Calendar Year 2008).
b. The permit will be administratively reviewed by the County in 5 years (Calendar Year 2012) and if problems are found, reviewed by the Board of County Commissioners.
c. The permit will expire at the end of 10 years (Calendar Year 2017), unless an application for renewal is approved by the Board of County Commissioners.
2) Provision of a copy of the Federal Aviation Administration determination for the airstrip, resulting from any required FAA review, pursuant to FAA Regulation 14 CFR Part 157 or otherwise.  The applicant shall apply for the FAA determination and, when received, immediately provide a copy to the Planning Department.
a. If the FAA determination is other than "no objections" or similar determination, the CUP will be immediately suspended, without further action on the part of Douglas County.  If a "conditional determination" or similar determination is made by the FAA, the CUP suspension will be administratively lifted after the applicant satisfies all FAA conditions.
b. If the FAA determination is not provided to the Planning Department on or before February 15, 2008, the CUP will be immediately suspended by written notice to the applicant.  The CUP suspension will be administratively lifted upon the earlier of the following occur: (i) the FAA determination letter stating "no objections" or similar determination is provided to the Planning Department, or (ii) if the FAA determination is a "conditional determination" or similar determination, when the applicant satisfies all FAA conditions.
c. The applicant may not use of the airstrip for airplane flight purposes during any period that the CUP is suspended.

3) Without prohibiting reviews from considering other matters, reviews of the CUP may include a review for compliance with the terms and conditions of the CUP and other applicable rules and regulations, together with a review of adverse affects the airstrip, and use of the aircraft used in connection with the airstrip, has on nearby property and individual landowners.  Upon notice to the applicant and after a hearing, the Board of County Commissioners may revoke or suspend the CUP for cause, which cause may include a finding that the airstrip or its use fails to comply with the terms and conditions of the CUP or other applicable rules and regulations, or that use of the aircraft used in connection with airstrip is unreasonably injurious or detrimental to property and improvements in the neighborhood.

The motion was seconded by McElhaney and carried unanimously.

PURCHASING 11-19-07
The Board considered the waiving for the formal bidding process for the purchase of Pointmaker Video Markers as tabled from the November 12, 2007 meeting. Jackie Waggoner, Director of Purchasing, and Judge Robert Fairchild were present for the discussion. Waggoner stated they did look at the other courtrooms and estimated that the additional amount for electrical labor and materials required for each courtroom would run $3,500-$6,500 per courtroom. Division IV would run higher because of the need to replace carpet.

Jones asked how the project would be funded over time and when the other courtrooms would be upgraded. Waggoner responded that it would be up to the courts to allocate funds in their budget. Judge Fairchild stated there is no plan other than adding improvements over time.   

Johnson questioned if Judge Fairchild has the authority to choose which courtroom receives upgrades. Judge Fairchild stated he has the authority. He is trying to do the two that need improvements the most. There are problems with the entire courtroom being able to view evidence. He would be glad to work out a plan to phase in the rest of the upgrades into their budget. The courts have accumulated money in CIP fund and feel this would be a good project to spend it on.

Pam Madl, Assistant County Administrator, stated the courts have an extra $125,000 in their equipment reserve fund, which would be an addition to their regular budget. Jones stated if Fairchild is saying the courts can do this over time within the normal budget and not seek additional appropriation then he will agree. Judge Fairchild stated the Courts will never have enough money to do all of the courtrooms without asking for assistance. Jones stated once money has been placed in their budget it is theirs to spend as they feel is appropriate. But if the Courts come to the Board for additional budget, the requests will have to get in line with everything else.

Jones moved to approve the expenditure from the Court's Capital Improvement Fund for the technology improvements in the Douglas County District Courtrooms for Division I and the Pro Tem for a total not not-to-exceed amount of $57,821 for both divisions and with the condition that any additional technology improvements or any need that requires County money be considered as part of the regular budget process. Motion was seconded by McElhaney and carried unanimously.

PLANNING 11-19-07
The Board considered item SP-10-69-07, a site plan for the development of an 75' X 200' industrial shop building with a 25' X 160' accessory lean-to-structure, located at
Maple Grove North No. 3, Lot 4, approximately 700' north and 500' east of the intersection of Highways 24/40/59. The application was submitted by Paul Werner Architects, agent for First Management Inc., property owner of record. Paul Patterson, Lawrence-Douglas County Metropolitan Planning Department, was present for the discussion. Staff recommends approval of the proposed site plan subject to the following conditions:

1. Approval of a septic system construction permit from the Douglas County Health Department prior to release of the site plan for building permits. Any approved septic fields shall be shown on the site plan and may not encroach on driveway, parking, storage areas, or utility easements.
2. Revise the site plan to show that the septic field's lateral lines are a minimum of 25' from the existing water main.
3. Provision of the following general notes on the face of the site plan:
    a. "This property is required to obtain a floodplain development permit from the Douglas County Zoning & Codes Department, prior to any alteration, encroachment or substantial improvement to the existing property per Douglas County Code Article 28."
    b. "The proposed 6' high chain link fence to be screened, at a minimum, with slats to the approval of the County Zoning & Codes Administrator."
4. Revise the number of parking spaces provided - 8 regular parking spaces/10 total; to match the number shown graphically on the site plan - 9 regular parking spaces/10 total.

This is the fourth project on Maple Grove cul-de-sac, which is a private street. The majority of the lots are in the 100-year flood plain. The septic field and the building itself are outside the flood plain. There is a flood plain development permit application submitted to the Zoning Department. The proper applications for the septic fill have been submitted to the Lawrence-Douglas County Health Department.  

McElhaney asked if five separate septic systems are adequate for the five lots. Linda Finger, Planning Resource Coordinator, stated at the time this project was platted, the septic issue was discussed. It was believed the type of business proposed would not generate enough waste to create a need for more septic tanks.

Jones stated he received a concern from a Douglas County resident regarding increased truck turning traffic on Highways 59 and 24 and asked if anyone is tracking the increased traffic counts as industrial lots develop. Jones stated the problem may be more of the trucks turning in and out of the industrial site and where the trucks sit while waiting to turn. He asked that Keith Browning be made aware of the situation. There may need to be a turning lane added.

Jones moved to approve site plan SP-10-69-07 with the above listed conditions. Motion was seconded by McElhaney and carried unanimously.


EMERGENCY MANAGEMENT 11-19-07
Teri Smith, Director Emergency Management, asked the Board to consider approval of a pre-application for a grant opportunity for funding projects or items that would reduce or eliminate repetitive losses from natural losses. Due to the number of disasters this year, the State of Kansas is receiving $70 million in federal dollars for the Hazard Mitigation program. If approved, the grant could aid in, for example, flood plain acquisition/demolition or relocation including repetitive loss properties; safe rooms in schools and other public buildings, and protection of critical facilities. The County would be required to match 25% of the funding, if approved.

It was the consensus of the Board for Smith to work on the pre-application process for the Hazard Mitigation Grant Program.

EMERGENCY COMMUNICATIONS 11-19-07
Teri Smith, Director of Emergency Management, discussed a walk-on item regarding ID badge system software and cross band communications equipment. Also present for the discussion were Jim Denney, Director of Emergency Communications; Ken McGovern, Douglas County Sheriff; and Pam Madl, Assistant County Administrator. The Northeast Kansas Regional Homeland Security Council has purchased ID badge software/hardware and cross band communications equipment to be given to Douglas County at no cost. The equipment was purchased through a Homeland Security Grant.  The communication equipment is an upgrade to the Sheriff's office existing system and will allow different radio systems to communicate with each other in the field. In order to us to receive the equipment, the Board has to accept ownership of the equipment. Smith stated the State is moving to a standardized ID system which will list all credentials of the employee.

Jones asked for an explanation of the purpose of the radio equipment. Jim Denney, Director of Emergency Communications, stated the equipment is an upgrade to our present system which allows the emergency responders to integrate our communication efforts. The cost is virtually nothing and the maintenance will be incorporated into our existing maintenance contract.

Jones moved to approve the acceptance of the Homeland Security Grant Equipment; McElhaney seconded and the motion carried unanimously.

PUBLIC WORKS 11-19-07
The Board considered the approval of an Acquisition of Construction Easement for the replacement of Bridge No. 6.97N-1.00 E, Project No. 23C-4122-01 located at County Route 460/1023. Michael Kelly, County Surveyor, was present for discussion. The Public Works department has acquired all easements necessary to build the project. Kelly stated an independent appraiser was hired to ascertain an appropriate offer for the required easement. The property owners accepted the County's offers of compensation for the easement and cost. Two items not included in the compensation for the property owners include the County agreeing to fill in an

abandoned well and second, was the relocation of a historic rock fence, performed at the County's expense.

Jones moved to approve and execute the Contract for Highway Purposes including the Acquisition of Construction Easement for Project No. 23C-4122-01. Motion was seconded by Johnson and carried unanimously.

FAIRGROUNDS 11-19-07
Pam Madl, Assistant County Administrator, presented the Board with the bids for the Dreher Building. The bid for the basement was significantly over budget due to required building adjustments. Proposed cost saving adjustments for the basement include: changing types of fixtures, deleting the foundation insulation, changing the joist size from 12" to 14", and eliminating the electric operator on the overhead door.

Costs are outlined below:

  

Building

Only

Basement Only

Construction Cost

$530,321

$192,613

Soft Costs

$57,047

$0

Total Project Costs

$587,368

$192,613

Proposed Cost Savings

-$24,443

-$8,787

Add Alternate 1: Additional Classroom on south end

$102,079

$0

Final Costs (excluding contingencies)

$665,004

$183,826

Original Budget

$700,000

$148,600

 It was the consensus of the Board that the basement space will be an asset for the County

McElhaney moved to approve the additional funds the basement. Motion was seconded by Johnson and carried unanimously.

ACCOUNTS PAYABLE 11-19-07
Jones moved to approve accounts payable in the amount of $512,023.54 to be paid on 11/19/07. The motion was seconded by McElhaney and carried unanimously.

Jones moved to adjourn the meeting; McElhaney seconded and the motion carried. 

 

____________________________     ____________________________
Bob Johnson, Chairman                         Jere McElhaney, Vice Chair

ATTEST:

_____________________________   ____________________________
Jamie Shew, County Clerk                     Charles Jones, Member
   

Location

County Courthouse
1100 Massachusetts St, Lawrence, KS 66044, USA