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Commission Board Meeting on Wed, November 2, 2016 - 4:00 PM

Meeting Agenda: 

 

WEDNESDAY, NOVEMBER 2,  2016 
4:00 p.m.

-Announce receipt of AIA Central States Regional Design Excellence Award for outstanding architecture in the Iowa, Kansas, Missouri, Nebraska and Oklahoma area. (Thellman, Steve Clark)

-Considered approval of the minutes for August 24, September 7, September 21 and September 28, 2016

CONSENT AGENDA
(1) (a) Consider approval of Commission Orders; and
 (b)  Consider approval of Agreement with KDOT for installation of traffic signal at US-
  59/Route 458 intersection (Keith Browning).

REGULAR AGENDA
(2) Receive recommendation from the Public Incentive Advisory Committee (PIRC) and consider County/School District participation in a 10 year, 85% Neighborhood Revitalization Area (NRA) for Williams Management LLC for their mixed-use project at approximately 826 Pennsylvania Street (Britt Crum-Cano)

(3) Consider approval of draft changes to Sanitary Code adopting revised requirements for land application of septage, to be submitted to KDHE for approval (Dan Partridge)

(4) Consider approval of rental and use guidelines, fee schedule and rental agreement for Douglas County Fairgrounds (Jill Jolicoeur)

(5) Consider approval of Employee Conceal Carry Policy (Jill Jolicoeur)

(6) (a) Consider approval of Accounts Payable (if necessary)  
  (b) Appointments
  -Board of Construction Codes Appeals (1) position 12/15
  -Planning Commission (1) position to fill unexpired term
   (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: 

November 2, 2016

Flory called the regular meeting to order at 4:00 p.m. on Wednesday, November 2, 2016 with all members present.

ANNOUNCEMENT 11-02-16
Flory announced County Administrator Craig Weinaug was in a bicycle accident and will not be available for a few weeks. Information can be forwarded to Assistant County Administrator Sarah Plinsky or Executive Secretary Robin Crabtree.

ANNOUNCEMENT 11-02-16
Steve Clark, Clark Huesemann Architects, announced Douglas County was the recipient of AIA Central States Regional Design Excellence Award for outstanding architecture in the Iowa, Kansas, Missouri, Nebraska and Oklahoma area for the new Public Works facility located at 3755 E 25 Street. The award was presented to Douglas County and Public Works Director Keith Browning.

MINUTES 11-02-16
Gaughan moved approval of the minutes for August 24, September 7, September 21 and September 28, 2016. Motion was seconded by Thellman and carried 3-0.
 
CONSENT AGENDA 11-02-16
Flory moved approval of the following Consent Agenda:
►  Commission Order No. 16-028 (on file in the office the Count Clerk); and
►  Agreement with KDOT for a project to install traffic signals on US-59 highway at the Route 458 (N 1200 Road) intersection.
 
Motion was seconded by Thellman and carried 3-0.

NEIGHBORHOOD REVITALIZATION/CITY OF LAWRENCE 11-02-16
The Board considered a recommendation from the Public Incentive Advisory Committee (PIRC) and considered City/County/School District participation in a 10 year, 85% Neighborhood Revitalization Area (NRA) for Williams Management LLC for their mixed-use project at approximately 826 Pennsylvania Street.  Britt Crum-Cano, Economic Development Coordinator, presented that item.

Matt Gough, Barber Emerson, stated the project will add two stories to the building, which at some point had been removed and it will offer an affordable housing component. The plan is to set aside two-bedroom units that tie into the low tax credit program. The rental maximum and income qualification requirements are set by Kansas standards with a rental maximum of $849 per month with utilities included. The building is located in Zone 1 and a historic part of town. The project will create 11 full-time positions.

Tom Jackson, Nation Development Council Inc. (NDC), gave a brief overview of NDC and how they evaluate whether a GAP request is reasonable or appropriate. The NDC found the request for this project reasonable and does have a financing gap. The conclusion of the evaluation is a total project cost of just over $3.6 million with very generous bank financing. With the 85% NRA and the requested IRB incentive, Williams Management Inc. would see a projected return on their investment of 9.85% modeled over a 25-year period. With just the NRA incentive and no IRB, the projected return would drop to 8.51%; with just the IRB the investment would drop to 7.99%; and 6.98% return with no incentives at all. With a 50% NRA and an IRB incentive the return on 25 years would be 9.03%.

Crum-Cano explained it is important along with the numbers to take into consideration other things that put a project within context. This is an opportunity to redevelop a vacant property to productive use; it is an opportunity to provide density and vibrancy in an area the City and County have already significantly invested in; and it is an infill. Staff feels eligibility requirements have been met at both the state and city level for an NRA and IRB. Cost benefit analysis shows the ratio has exceeded requirement for taxing jurisdictions; and GAP analysis has concluded the gap is reasonable. Crum-Cano predicts the property tax revenue generated will be a modest but a healthy return during the NRA period as opposed to the undeveloped property, but there will be a real payoff after the NRA expires and the property goes fully back on the tax rolls. The City approved a 50% 10-year NRA.

Flory asked if the other NRA projects in that area, the Cider Gallery and 9 Del projects, were approved at 85%. Crum-Cano responded that is correct.

Thellman stated she sits on the Affordable Housing Committee and they are excited about this project.

Flory opened the item for public comment. No comment was received.

After discussion, Flory moved to approve the request for a 10-year, 85% Neighborhood Revitalization Area (NRA) rebate and an Industrial Revenue Bond (IRB) sale tax exemption for Williams Management LLC as recommended by staff and justified by extensive analysis. Motion was seconded by Gaughan and carried 3-0.

RECESS
The Board recessed at 5:15 p.m. for a short break. At 5:25 p.m., the Board returned to session.

SANITARY CODE 11-02-16
The Board considered approval of proposed changes to the Sanitary Code adopting revised requirements for land application of septage, to be submitted to KDHE for approval. Dan Partridge, Director of Lawrence-Douglas County Health Department, presented the item.

Partridge stated the Health Department has reviewed the Douglas County Sanitary Code with regard to the process and criteria for approval of site for land application of septage. The current Sanitary Code requires licensed septage haulers to comply with standards set forth under Title 40, part 503, of the Code of Federal Regulations. Though there is no requirement of residential setback when approving a land application site, after consulting with experts at KDHE and the EPA, the Health Department staff recommends a residential setback to 500 feet. If the Board agrees, Partridge would like to begin the review and approval process directed by KDHE.

Flory opened the item for public comment. No comment was received.

Flory moved to approve beginning the preview and approval process as directed by KDHE, and authorized the County Chair to sign a letter of request. Motion was seconded by Thellman and carried 3-0.

FAIRGROUNDS 11-02-16
The Board considered the approval of rental and use guidelines, a fee schedule and rental agreement for the Douglas County Fairgrounds. Jill Jolicoeur, Assistant to the County Administrator, presented the item.

Discussion included the new fairgrounds guide which identifies primary users, authorized purposes and fees for associated uses. Alcohol is permitted on the fairgrounds. However, major events will require additional liability insurance. The guide defines usage categories and whether an event is a small or major event. Typically staff will consider an event major if animals or equipment are involved, or if it is a public event.

Flory asked if the major event definition is spelled out. David Sparkes, Director of Maintenance, stated the definition is spelled out in the existing Resolution 97-11, Sec 3. 

Flory asked if the resolution provides discretion for staff to allow for a tiered deposit for small animal events. Sarah Plinsky, Assistant County Administrator, stated typically our liability policy does not cover animal usage on the fairgrounds. Generally the deposits have not been waived to cover any significant damage associated with an animal event. We do require liability insurance where the County is named as the secondary insured if they are sued for liability. We have traditionally required a $1500 deposit.

Sparkes added there are groups who have multi-use events each year at the fairgrounds and we deposit their checks. On small one-time events, we hold the check and return it after clean up if there is no damage.

Jolicoeur added the increase in deposit for animal events from $1500 to $2500 came from damage by animals, especially cattle, resulting in more than the $1500 deposit. 
 
Plinsky added we do have separate insurance for the County fair and are  getting more coverage associated with 4-H and those programs involving  animal insurance  issues. She said if we lower the deposit for smaller events. We should not change the requirements related to the liability insurance.

Plinsky asked if the regulations changed regarding fee exemptions for Douglas County youth groups. Jolicoeur confirmed any Douglas County based youth groups that are serving Douglas County are not assessed a fee. Flory stated he wanted to make sure that waiver language is in the guidelines.

Jolicoeur stated she also added language to the section on security entry to include fairgrounds staff.

Gaughan asked if the fees would change for the use of the culinary kitchen in Building 21. Plinsky said the culinary kitchen would be managed under a separate set of agreements. The fees have not changed. However, Plinsky added the fees for the open pavilion may change as we learn more about its usage.

Jolicoeur said staff is also looking into launching an online reservation system for the webpage in 2017.

Flory opened the item for public comment.

Julie Jacobs, Douglas County resident, stated she would like the County to consider lowering the deposit for small animal shows because small groups won’t be able to come up with a $2,500 deposit. Jacobs stated the County can add restriction on the number of entries if necessary.

The Board discussed giving staff the authorization to set a lesser fee for low impact animal events in Building 21. Flory suggested a $500 deposit would be reasonable and for staff return the check if upon inspection staff found no damage.

The item was tabled for revisions and will return for approval on a future consent agenda.

EMPLOYEE CONCEAL CARRY PERSONNEL POLICY 11-02-16
Flory moved to approve the Employee Conceal Carry Personnel Policy as presented by staff. Motion was seconded by Gaughan and carried 3-0.

ACCOUNTS PAYABLE 11-02-16
Flory moved to approve accounts payable in the amount of $716,552.27 to be paid on 11/03/16. 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