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Commission Board Meeting on Wed, February 8, 2017 - 6:00 PM

Meeting Agenda: 

Amended Agenda

WEDNESDAY, FEBRUARY 8, 2017 
6:00 P.M.

CONSENT AGENDA
(1) (a)  Consider approval of Commission Orders;
 (b)  Approve the Agreement with Allen, Gibbs, and Houlik, L.C. to prepare the 2016 Audit and   Financial Statements in the amount of $59,420 (Sarah Plinsky);
 (c) Waive GAAP Procedures for the 2017 Fiscal year (Sarah Plinsky);
(d) Consider approval to solicit bids for Herbicides, Noxious Weed Cost Share Sales and Rights-of-Way Control (Keith Browning);
(e) Consider approval of Annual Noxious Weed Management Plan and Eradication Progress Report (Keith Browning)

REGULAR AGENDA
(2) CUP-16-00489: Consider a revision to the Conditional Use Permit for the private airstrip at 1123 E 2000 Road, approved with CUP-3-1-85, to allow additional users of the airstrip. Submitted by BG Consultants, Inc. for Milton D. and Joan M. Bland, property owners of record. (Mary Miller is the Planner)

(3) Authorization to execute utility relocation agreements, negotiate easement purchases and solicit bids for Project No. 2015-05, Route 458 Improvements (Keith Browning)

(4) Consider approval for a county-funded Director of Behavioral Health Projects position, which will be a two-year temporary position that may be renewed for additional years depending on the availability of funding and project status, with an estimated annual expense of up to $132,000 annually. (Jill Jolicoeur)

(5) (a) Consider approval of Accounts Payable (if necessary)  
 (b) Appointments
 -Board of Construction Codes Appeals (1) position 12/15
 -MPO Bicycle Advisory Committee (2) positions
 -Community Corrections (1) position
 -Board of Zoning Appeals (1) position 10/16
 -Lawrence-Douglas County Health Board – (1) Position 03/17
 -Lawrence-Douglas County Mental Health Board – (1) joint position 04/17
 -Metropolitan Planning Commission – Positions (2) 05/17

 (c)  Public Comment
 (d)  Miscellaneous  

(6) Adjourn

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

February 8, 2017

Gaughan called the regular meeting to order at 6:03 p.m. on Wednesday, February 8, 2017 with all members present.

CONSENT AGENDA 02-08-17
Gaughan moved approval of the following Consent Agenda:
►  Commission Order Nos. 17-006 and 17-007 (on file in the office the County  Clerk); 
►  Contract agreement with Allen, Gibbs and Houlik, L.C. to prepare the 2016 Audit and financial statements in the amount of $59,420;
►  Resolution 17-06 waiving the GAAP procedures by the Board of County Commissioners of Douglas County Kansas for 2017; and
►  Solicit bids for supply of herbicides as required for the 2017 spray season;
►  Annual Noxious Weed Management Plan and Eradication Progress Report.

Motion was seconded by Thellman and carried 3-0.

PLANNING 02-08-17
The Board considered a revision to the Conditional Use Permit CUP-16-00489 for the private airstrip at 1123 E 2000 Road, approved with CUP-3-1-85, to allow additional users of the airstrip. The application was submitted by BG Consultants, Inc. for Milton D. and Joan M. Bland, property owners of record. Mary Miller, Lawrence-Douglas County Metropolitan Planning Staff, presented the item.

The CUP was originally approved in 1985 for one user of a landing strip and an occasional guest. The expansion request is to allow two additional users. The property is located within a three mile radius of the City of Eudora. The Eudora City Commissioners were invited to the Planning Commission meeting. They did not attend but did send a letter with the following suggestions: adding a sunset clause for the CUP to come up for review again; and the County Commission consider a requirement that the additional users share a driveway. Mr. Bland lives out of town but flies into visit family that live on the property. The airstrip was used a total of seven times last year. The proposed additional users plan to use the strip for a power parachute.

 The surrounding area is zoned A (agriculture). The land use is primarily used for agriculture. The character is the neighborhood is also agriculture. Because the land is located near the City of Eudora and there is a possibility of expansion in the future, staff recommends a 10-year expiration. The applicant would have to come back before the County Commission for a renewal to assure the strip is still compatible with the area. Feedback from nearby residents’ concerns about noise, takeoffs and landings prompted a condition to have the applicant take off and land from the north when at all possible. The transition zones must still remain obstruction free when building the new residences. The maximum height of any residence built to the west of the 245 setback from the runway is 35 ft. Structures to the east must comply with the setback requirement of 7 ft. separation from the west ridge of the runway for each foot of height. The FAA Airspace Specialist for this region noted that joint ownership of an airstrip is permitted when an easement is dedicated over the airstrip to insure the unobstructed use of the airstrip and a Use Agreement is entered into amongst the various property owners. Mr. Bland would be seen as the primary owner of the airstrip. If the property changes ownership, the FAA would require a new 7480-1 with the new owner information and a new User Agreement.

The CUP was approved by the Planning Commission with on a 7-0 vote with added Condition b (iv).

Staff recommends approval of the revised Conditional Use Permit for a airstrip located at 1123 E 2000 Road to allow additional users of the airstrip based upon the following findings of fact:

I. Zoning and uses of property nearby. Nearby properties are zoned A (Agriculture) and are used for agricultural and rural residential uses. An event center with Conditional Use Approval is located approximately one mile north of the subject property.

II. Character of the area.  This is a rural area with agricultural land uses, rural residences, and a private airstrip. The subject property is in the process of being divided to allow the development of three new residences which plan to share the airstrip. The airstrip has existed on the property since 1985.

III. Suitability of subject property for the uses to which it has been restricted. The property is suitable for the uses permitted in the A District and for the Airstrip and landing Field use which was approved with the CUP.

IV. Length of time subject property has remained vacant as zoned. County Zoning Regulations were adopted in 1966; this property has been zoned “A (Agriculture)” since that adoption. The property is not vacant but is developed with a rural residence built in 1988 and various agricultural outbuildings. The airstrip is a grass airstrip which has been in place since the CUP approval in 1985.

V. Extent to which removal of restrictions will detrimentally affect nearby property.  The removal of restrictions to allow the shared use of the airstrip should have little negative impact on nearby properties based on the proposed intensity of the use. To regulate intensity, the use of the airstrip should be limited to the owners of property that include the airstrip, or a portion of the airstrip, and occasional use by their guests.
 
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. With the limitations proposed on the use of the airstrip, denial of the request would not benefit the public, health, safety or welfare. Denial would impact the property owner as the land divisions that are planned or the shared use of the airstrip would not be possible.

VII. Conformance with the Comprehensive Plan. Horizon 2020 does not directly address the issuances of CUPs but the airstrip will not conflict with the Lawrence Community Airport or any other FAA permitted airstrip.

And subject to the following conditions:

1) The applicant shall execute a Use Agreement with the other users of the airstrip and provide a copy to the FAA and to the Planning Office, prior to the release of the Conditional Use Permit.
2) The CUP shall expire at the end of 10 years, (Calendar year 2027) unless an application for renewal, submitted prior to the expiration date, is approved by the County Commission.
3) Provision of a revised plan with the following changes:
a) Label the distance of the west side of the 60 ft wide runway from the east property line.
b) Addition of the following notes:
i) “The permit shall expire at the end of 10 years (Calendar year 2027) unless an application for renewal, submitted prior to the expiration date, is approved by the County Commission.
ii) “The airstrip is limited to the private use of the owners of property which contain the airstrip and occasional use by their guests, but may not be used for commercial purposes.”
iii) “Any change in ownership shall require the submittal of a revised Use Agreement to the FAA.”
iv) “Take-offs and landings shall occur to and from the north, whenever the wind permits, to reduce the impact on residential used to the south.”

Gaughan opened the item for public comment.

Darrell Page, 1096 E 2000 Road, stated he lives at the southeast corner of airstrip. He prefers the power parachutes take off and land going north on the runway because of the noise. He is also concerned about the number of guests using the runway and disturbing outdoor activities.

Gaughan asked for clarification that a commercial power parachute business would not be allowed under the CUP. Miller responded that is correct. The CUP calls for “occasional guest” which is objective but still allows Planning Staff to regulate.

Milton Bland, property owner, said the original permit was for his use and an occasional guest which happen to be the two Grosdidier boys that are present. They started off flying radio controlled airplanes in high school with his son and moved to powered parachutes. The two guests are the ones buying the lots. Bland says he doesn’t anticipate any additional activity than what the neighbors have seen over the past few years. He is more than willing to take off and land when at all possible to the north.

Miller asked the Board to provide direction on how to handle the driveway entrances. The FAA specialist and the City of Eudora suggested using a shared driveway to the point of the airstrip. A variance may be required.

Thellman asked Keith Browning his preference on the driveway. Browning stated it makes sense to share a drive across the runway. Once off road, he has no preference.

Gaughan moved to approve CUP-16-00489, revising the conditional use permit CUP-3-1-85; for the private airstrip at 1123 E 2000 Road, to allow for additional users of the airstrip as outline in the staff report, and recommend staff make progress toward a variance to allowing for shared use of an entrance; including the revised conditions as listed above. Motion was seconded the Thellman and carried 3-0. 

PUBLIC WORKS 02-08-17
The Board considered a request for authorization to execute utility relocation agreements, negotiate easement purchases and solicit bids for Project No. 2015-05, Route 458 Improvements. Keith Browning, Director of Public Works, presented the item.

Browning stated the county is required to relocate Rural Water District #5 waterlines and ATT phone lines which will require negotiated easement purchases. The estimated cost to move the RWD#5 lines in conflict is $202,320; and to move copper and fiber optic phones lines at $142,568. The estimated cost for the acquisition of easement of $185,000. This project was added to the CIP in 2011 with a total project cost estimate of $5.9 million. During the design process, staff identified additional work needed at large box culverts and intersecting roads. The current 2017 estimated total project cost is $7.2 million.

At this time, staff is ready to sign agreements with RWD#5 and ATT and to proceed with the easement acquisition negotiations. The plan is to solicit construction bids in March 2017 and begin work in June. The project will be completed in phases.

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

Gaughan moved to authorize the Public Works Director to execute the utility relocation agreements with RWD5 and ATT, to negotiate easement purchases with landowners and to solicit bids for Project No. 2015-15, Route 458 Improvements, E800 Road through E 1000 Road. Motion was seconded by Derusseau and carried 3-0.

ADMINISTRATION 02-08-17
The Board considered the approval for a county-funded Director of Behavioral Health Projects position, which will be a two-year temporary position that may be renewed for additional years depending on the availability of funding and project status, with an estimated annual expense of up to $132,000 annually. Jill Jolicoeur, Assistant to the County Administrator, presented the item.

Jolicoeur provided a detailed summary of the full-time position to be an additional resource to County staff. The position would report to and be included in the County Administrator’s budget or it could be a contractual relationship, depending on what is most advantageous to the ideal candidate and the organization. The projected salary range is $90,000-$120,000 annually. Additional budget expenses would include provision for office space, equipment and furnishings ranging from $10,000-$12,000 one time, and $8,000-$10,000 annually.

The position is responsible for directing and facilitating the assessment and evaluation of current and proposed community behavior health programs in partnership with area public and private agencies; assist in gathering the data to improve existing behavioral health programs or substantiate the need for additional programs; and identify revenues and expenses to enhance the efficiency and effectiveness of the community behavioral health system. These tasks are just some of the initial responsibilities.
 
Thellman stated she has been lobbying for this position for some time after seeing how successful Robert Bieniecki has been in the CJCC Coordinator position on the criminal justice side. Thellman said she feels it is important to have someone to coordinate meetings and has expertise and dedicated focus on mental health. She completely supports the position.

Gaughan said the behavior health court is up and running. It is his understanding the proposed position would be separate and distinct from the behavior health court, though there may be some interaction. He would expect any gaps would come to the attention of this person who may have relationships and connections in the community to help fill the gaps.

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

Gaughan moved to approve a County funded Director of Behavior Health Projects position, which will be a two-year temporary position that may be renewed for additional years depending on the availability of funding and project status, with an estimated annual expense of up to $132,000 annually. Motion was seconded by Derusseau and carried 3-0.

ACCOUNTS PAYABLE 02-08-17
Gaughan moved to approve accounts payable in the amount of $491,048.88 to be paid on 02/09/17. Motion was seconded by Thellman and carried 3-0.

Gaughan moved to adjourn the meeting. Motion was seconded by Derusseau and carried 3-0.

____________________________  ____________________________
 Mike Gaughan, Chair                        Nancy Thellman, Vice-Chair
 
ATTEST:
 ____________________________  _____________________________  
Jamie Shew, County Clerk                  Michelle Derusseau, Member