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Commission Board Meeting on Wed, December 14, 2016 - 4:00 PM

Meeting Agenda: 


3:00 p.m.
-Executive Session for the purpose of consultation with legal counsel for the County regarding pending litigation, which would be deemed privileged under the attorney client relationship.

4:00 p.m.
-Proclamation declaring January 2017 as “Human Trafficking Awareness Month.” (Kristen Tebow)
-Recognize Bryce Hirschman for receiving the KAM Outstanding Mapping Project award

(1) (a)  Consider approval of Commission Orders;
(b) Consider approval of Class “B” Club License for Little Reno, Inc. DBA Paradise Saloon Clerk’s Office);
(c) Consent Agenda approval of agreement to treat noxious weeds for KDOT (Keith Browning);
(d) Consider approval of HCC’s 2017 grant program materials (Jan Shupert-Arick);
(e) CUP-16-00425: Consider a Conditional Use Permit for a motor home storage facility at Jellystone, located at 1473 Hwy 40. Submitted by Allen Belot, for Ralph E. and Kimberly K. Newell, property owners of record. (Sandra Day is the Planner); and
(f) Joint Ordinance No. 9318/County Resolution for changes to the joint city/county subdivision regulations in the city of Lawrence Land Development Code, Chapter 20, Article 8 and the Douglas County Code, Chapter 11, Article 1 to allow Accessory Dwelling Units on property divided through a Certificate of Survey in the unincorporated portion of the county. The text amendment, TA-15-00461, was approved by the City Commission on August 2, 2016 and the joint ordinance/resolution adopted on second reading on August 9, 2016. Ordinance No. 9318 repeals the previously adopted ordinance and provides an updated effective date. (Mary Miller is the Planner.)
(g) Consider contract for HVAC upgrade at the United Way of Douglas County (Jackie Waggoner)

(2)  Presentation from Kansas Wildlife and Parks regarding Clinton Park Development Project (Linda Craghead)

(3) (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
 -MPO Bicycle Advisory Committee (2) positions
 (c)  Public Comment
 (d)  Miscellaneous  

(4) Adjourn

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

December 14, 2016

Flory called the regular meeting to order at 3:00 p.m. on Wednesday, December 14, 2016 with all members present.

At 3:00 p.m., Gaughan moved for the Board to recess to executive session for 30 minutes (until 3:30 p.m.). The justification for the executive session is for consultation with legal counsel for the County regarding pending litigation, which would be deemed privileged under the attorney-client relationship. Attendees included Michael Seck and Chris Nelson, council with the firm of Fisher, Patterson, Sayler and Smith; John Bullock, Stevens and Brand; and Sarah Plinsky, Assistant County Administrator. Motion was seconded by Thellman and carried 3-0.

The Board returned to regular session at 3:30 p.m. No action was taken.

RECESS 12-14-16
The Board recessed until 4:00 p.m.

RECONVENE 12-14-16
The Board reconvened at 4:00 p.m.

Flory moved to approve a proclamation declaring January 2017 as “Human Trafficking Awareness Month” in Douglas County. Motion was seconded by Thellman and carried 3-0.

The Board recognized Bryce Hirschman, GIS Coordinator, for receiving the KAM Outstanding mapping Project Award for 2016. 

Flory moved approval of the following Consent Agenda:
►  Commission Order No. 16-036, 16-037 and 16-038 (on file in the office the Count Clerk); 
►  Class “B” Club License for Little Reno, Inc. DBA Paradise Saloon;
►  Agreement with KDOT for the treatment of noxious weeds on state highway rights-of-way in 2017;

►  2017 Heritage Conservation Council’s Natural & Cultural Heritage Grant   
Program materials;
►  Conditional Use Permit, CUP-16-00425 for Jellystone Campground mini- 
or Self Storage Facility, located at 1472 Highway 4. Application was submitted by Allen Belot, for Ralph E. and Kimberley K. Newell. The CUP was approved with the following condition: 1) Provision of a light fixture detail to show the amount of direction of illumination and show what measures will be used to screen lighting and prevent glare;
►  Joint Ordinance 9318 of the City of Lawrence, Kansas, and Resolution No. 16-27 of Douglas County, Kansas, amending Chapter 20, Article 8, Sections 20-803 and 20-806 of the Code of the City of Lawrence, Kansas, 2015 Edition, as amended, and Chapter 11, Article 1, Sections 11-104 and 11-106 of the Code of the County of Douglas, Kansas, as amended, pertaining to Subdivision Regulations, by adopting and incorporating areas of Douglas County, Kansas, December 16, 2016 Edition, Text Amendments, “ as prepared by the Lawrence-Douglas County Metropolitan Planning Office, and repealing existing Sections 20-804 and 20-806 of the City Code, Section 11-104 and 11-106 of the County Code, and Ordinance No. 9264; and
►  Accepted low bid and approved a contract with Lippert Mechanical Services Corporation in the amount of $256,500; and authorized the Assistant County Administrator to approve change order up to 5% of the $256,500 amount.
Motion was seconded by Gaughan and carried 3-0.

Linda Craghead, Kansas Department of Wildlife and Parks, made a presentation to the Board regarding a Kansas Outdoor Center proposed for Clinton State Park.

Jeff Wise, Managing Principal at PLEI, explained the concept for the proposed sports and entertainment facility is based on a nonprofit white water center in North Carolina. The outdoor living center would promote rafting, canoeing, kayaking, hiking, climbing, zip lining and trailing running. The center would also offer food and beverages, music, a sports equipment store and a conference center. The revenue would be based on a “day visit” rate similar to ski resorts. The target market is anyone who likes to play outside. Approximately 60% of the visitors will come from a two hour drive of Lawrence, Kansas. The estimated cost for the project is $70 million. The Center is expected to employ about 1,000 people annually, with 150 of the full-time sport professionals, facility and maintenance employees. Wise said the location makes sense. But, for the project to be successful, it will require investments outside of Lawrence.

Thellman stated it is way early in the game to give any indication of support or discouragement about the project. She would like to know the expectation
from local government on funding. Craghead said we could utilize star bonds, which are used to enhance the growth of the economy in an area. Star bonds though would require 51% of additional mixed use commercial setting in the area either in the City of Lawrence or in the unincorporated area. There is also the requirement of a third party analysis.

Thellman asked if star bonds were not an available financial tool for this project, what would be the state’s financial expectation of the County and City? Would there need to be extension of City water and sewer to this site? Craghead said there is a rural water district willing to supply the water to the site.

Craghead stated this project might be the tool to help other developments in the area that have not been successful. She also said if the City and County wishes to finance the entire project through star bonds, the project would need to look at a mix-use development. This project will take significant investment upfront but it would be a win for the entire state.

Flory stated it is premature to indicate whether the Commission is ready to jump on board. Though the demographics may be good, the Board will want to hear from people in the community and rural area that use the Clinton area now.

Flory opened the item for public comment.

Mike Myers, 1312 New Hampshire, said he is an outdoor person. However, as a current user of Clinton Lake he is concerned about the disruption of the area. He can’t see spending public dollars to build a concrete river in a pristine area. Myers compared the project to a NASCAR draw and suggested making the project a private development and putting it somewhere else.

Melinda Henderson, 1202 Almira Avenue, stated she also watched the presentation to the City Commission. The proposal does not mention fire and police safety and she is confused about how much star bond financing can be used for a project. It was her understanding star bonding should be less that 50% of the project cost. Also, Henderson said Clinton Lake provides our drinking water and is concerned how this project would affect that.

No action was taken.

Gaughan moved to approve accounts payable in the amounts of $413,669.93 paid on 10/20/16; 1,177,014.64 be paid on 10/27/16; $423,316.81 paid on 12/08/16 and $539,148.89 to be paid on 12/15/16. 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
 ____________________________  _____________________________  
Jamie Shew, County Clerk                  Nancy Thellman, Member