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Commission Board Meeting on Wed, October 12, 2016 - 4:00 PM

Meeting Agenda: 

 
WEDNESDAY, OCTOBER 12,  2016 

4:00 p.m.
-Proclamation for “Domestic Violence Awareness Month” – (Kristine Chapman)

CONSENT AGENDA
(1) (a) Consider approval of Commission Orders;
 (b)  Consent Agenda approval of KDOT Master Agreement 169-14 Federal Aid Statewide Critical Features Bridge Inspections (Keith Browning);
 (c) Consider approval of agreement with KDOT for shared use facilities (Keith Browning)
 (d) Consider request for additional change order approval authorization, Project No. 2015-69, Bridge No. 17.82N-10.00E (Keith Browning)

REGULAR AGENDA
(2) CUP-16-00312: Consider a Conditional Use Permit for a new 199’ Verizon Wireless communication tower, located north of the Westar Substation at 1287 E 1200 Rd. Submitted by PAMCORP LLC, for Verizon Wireless LLC on behalf of The Kansas District of the Wesleyan Church Inc, property owner of record. Sandra Day is the Planner.

(3) Consider amendment to interlocal agreement with the City of Lawrence and the Economic Development Corporation of Lawrence waiving special assessments of five County owned tracks in Ease Hills Business Park and indefinitely deferring the assessments on the remaining three county-owned lots (Diane Stoddard/Craig Weinaug)

(4) Consider approval of letter regarding cost sharing for reconstruction of Fire Station No. 1 (Craig Weinaug/Mark Bradford/Marvel Williamson/Diane Stoddard)-copies of architectural plan available at meeting

(5) Discussion on employee Conceal Carry Personnel Policy (Jill Jolicoeur) - DEFERRED TO THE 10/19/16 AGENDA

(6) (a) Consider approval of Accounts Payable (if necessary)  
  (b) Appointments
  -Board of Construction Codes Appeals (1) position 12/15
   (c)  Public Comment
  (d)  Miscellaneous  

(7) Adjourn

 

Related Document(s): 
Meeting Location: 
County Courthouse
Street Address: 
1100 Massachusetts St, Lawrence, KS 66044, USA
Meeting Minutes: 

October 12, 2016

Flory called the regular meeting to order at 4:00 p.m. on Wednesday, October 12, 2016 with all members present.

PROCLAMATION 10-12-16
Flory moved to approve a proclamation, as presented by Kristin Chapman, Director of Community Engagement with Willow Domestic Violence Center, declaring October 2016 as “Domestic Violence Awareness Month” in Douglas County. Motion was seconded by Thellman and carried 3-0.
 
CONSENT AGENDA 10-12-16
Flory moved approval of the following Consent Agenda:
 ►  Commission Order No. 16-028 (on file in the office the Count Clerk); and
►  KDOT Master Agreement 169-14 Federal Aid Statewide Critical Features Bridge Inspections;
►  An agreement with KDOT for shared use of facilities on East 25th Street (fueling facility and sand & salt storage facility); and
►  Authorized the Public Works Director to approve change orders totaling up to 40% of the construction contract amount for Project NO. 2015-69, bridge deck rehabilitation for Bridge No. 17.82N-10.00E.

Motion was seconded by Gaughan and carried 3-0.

PLANNING 10-12-16
The Board considered CUP-16-00312, a Conditional Use Permit for a new 199’ Verizon Wireless communication tower, located north of the Westar Substation at 1287 E 1200 Road. Submitted by PAMCORP LLC, for Verizon Wireless LLC on behalf of The Kansas District of the Wesleyan Church Inc, property owner of record. Sandra Day, Lawrence-Douglas County Metropolitan Planning Staff, presented the item.

Day stated the CUP was previously approved by both the Planning Commission and County Commission. The approval expired after one year when a building permit was not obtained. Staff recommends approval of the Conditional Use Permit for a communication tower located at 1287 E 1200 Road based upon the following findings of fact.

I. Zoning and used of property nearby. The predominate zoning and land use on the west side of E 1200 Road (Kasold Drive) is agricultural. The predominate zoning and land use on the east side of E 1200 Road (Kasold Drive) is currently undeveloped but zoned for future Religious Institution and Duplex Residential uses.

II. Character of the area. This property is located in a unique area of Lawrence between the existing city limits and the South Lawrence Traffiway/K-10. The property is bounded by Yankee Tank Creek and includes limited development options because of existing floodplain. Area to the east is developing with residential uses.

III. Suitability of subject property for the uses to which it has been restricted. The portion of the subject property zoned A (Agricultural) District is a suitable district for the proposed use. The base zoning district is not altered by this request. A communication tower is an allowed use in the A (Agricultural) District subject to a Conditional Use Permit.

IV. Length of time subject property has remained vacant as zoned. The property is essentially vacant with the exception of two silos as described above. (The property is currently vacant with the exception of two silos located in the southeast corner of the site. The zoning has remained unchanged since 1966. Previously the applicant sought and obtained approval for construction of a communication tower. The approval expired resulting in the applicant seeking new approval for the same project.) The zoning has remained unchanged since 1966. The previously approved CUP expired.

V. Extent to which removal of restrictions will detrimentally affect nearby property. Development potential in the area is limited by the presence of extensive regulatory floodplain. At this time the area to the north and east is undeveloped. Any future development will occur with knowledge of this improvement, if approved.

VI. Relative gain to the public health, safety and welfare by the destruction of the value of the petitioner’s property as compared to the hardship imposed upon the individual landowners. The benefit to the public is improved cellular communication and wireless data capacity within the Verizon network. Additionally, the structure provides an opportunity for other carriers to co-locate in the future. If denied, the property can continue to be used for current land uses and those uses allowed per the existing zoning of the property.

VII. Conformance with the comprehensive plan. The comprehensive plan does not provide any specific land use recommendations regarding communication towers. A Conditional Use Permit can be used to allow specific nonresidential uses subject to approval of a site plan. This tool allows proportional development in harmony with the surrounding area. The proposed request is consistent with the Comprehensive Plan.

Flory opened the item for public comment. No comment was received.
 
Gaughan moved to reapprove CUP-16-00312, a Conditional Use Permit for a new 199’ Verizon Wireless communication tower, located north of the Westar Substation at 1287 E 1200 Road. Motion was seconded by Thellman and carried 3-0.

INTERLOCAL AGREEMENT/CITY OF LAWRENCE 10-12-16
After receiving no public comment, Flory moved to approve an amendment to an Interlocal Agreement with the City of Lawrence and the Economic Development Corporation of Lawrence waiving special assessments of five County owned tracks in Ease Hills Business Park and indefinitely deferring the assessments on the remaining three county-owned lots. Motion was seconded by Gaughan and carried 3-0.

FIRE AND MEDICAL/SENIOR SERVICES 10-12-16
The Board considered the approval of letter regarding cost sharing for the reconstruction of Fire Station No. 1 located at 746 Kentucky Street in Lawrence. Marvel Williamson, Executive Director of Douglas County Senior Services; Mark Bradford, Fire Chief; Diane Stoddard, Assistant City Manager, were present for discussion.

The total estimated cost of the reconstruction project is $6,378,154.00. The City intends to issue general obligation bonds to fund a portion of the costs. Douglas County agrees to reimburse the City for a portion of the actual cost of the project, plus the interest and costs of issuance related to the general obligation bonds. The County will pay 25.64% of the actual total cost (estimated at $3,357,978.58) of the reconstruction that will be occupied and used by the Lawrence Douglas County Fire and Medical Department (LDCFM) estimating the County cost at $978,185.71 with the City paying $2,868,792.87, plus interest and costs of issuance.

The estimated reconstruction cost for the Douglas County Senior Services, Inc. (DCSS) project is estimated at $2,520,175.42. Douglas County will pay 32% of the cost (estimated to be $806,456.13, plus interest and cost of issuance). The City’s share of the cost is therefore estimated to be $1,713,719.29, plus interest and costs of issuance.

The remodel agreement was based on a 1996 agreement for past financing. Douglas County Senior Services will be required to evacuate the building during construction for a period of eight months to a year. Williamson has asked Douglas County to consider letting DCSS use the Old Public Works facility on Massachusetts Street as a temporary location, though there are concerns about the building.

Flory stated he fully supports the continued efforts for the senior services operation and asked if the $520K is available in the CIP. Sarah Plinsky confirmed it is. Flory asked of the $1.3 million is spread over a 13 year period. Craig Weinaug, County Administrator, stated yes. The next three years will be tight with the CIP. Based on past history, he is hoping to use year end to make payment and pay down the balance.

Gaughan stated he is happy to see the collaboration on this project with the City/County County/Fire and Medical/Senior Services working together on this project. Without the collaboration the project would cost more.

Thellman said Fire Station No. 1 is clearly in need of attention. There are benefits for Senior Services to be located down town especially under the new leadership of Dr. Williamson. Thellman said she is excited about the improvements, but want to hear more about the concerns about the using the Public Works site.

Flory said the intention is to demolish the building and he has concerns about putting money into improvements for that location. There is a risk of a major system breakdown with considerable costs.

Flory opened the item for public comment. No comments were received.

Flory moved to approve the letter for preliminary cost sharing for the reconstruction of Fire Station No. 1, and for staff to look at alternative locations to the old Public Works site for Senior Services to use. Motion was seconded by Thellman and carried 3-0.

Note: County Commission at later meetings was notified that the temporary location for Senior Service would probably be at the Peaslee Center.

There will be a formal agreement discussion on final costs.

CONCERN CARRY PERSONNEL POLICY 10-12-16
Discussion of the employee Conceal Carry Personnel Policy was deferred to the October 19, 2016 agenda.

PURCHASING/WALK ON ITEM FOR COURTROOM REMODEL 10-12-16
After discussion, Thellman moved to authorize an additional 10% ($9,328.40) increase in change order authority to be approved administratively for project related to architectural services of the courtrooms and/or basement and jury assembly room remodel.

ACCOUNTS PAYABLE 10-12-16
Flory moved to approve accounts payable in the amount of $1,024,476.36 paid on 10/06/16; and payroll in the amounts of $450.00 and $956,623.86 paid on 09/16/16, and $913,987.32 paid on 09/30/16. Motion was seconded by Thellman and carried 3-0.
 
Flory moved to adjourn the meeting. Motion was seconded by Thellman and carried 3-0.

____________________________  ____________________________
 James E. Flory, Chair                       Mike Gaughan, Vice-Chair
 
ATTEST:
 ____________________________  _____________________________  
Jamie Shew, County Clerk                  Nancy Thellman, Member