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Commission Board Meeting on Wed, September 13, 2017 - 4:00 PM and 6:00 PM

Meeting Agenda: 


4:00 p.m.

(1) (a)  Consider approval of Commission Orders; and
(b) Consider approval of Amendment of Contract for the renovation of the Treasurer Satellite Office (Jackie Waggoner/Paula Gilchrist)
(c) Take action authorizing the County Administrator to execute Interlocal agreement with City of Baldwin and Baldwin School District to provide incentives for housing in Baldwin City (Glen Rodden/Weinaug);
(d) Consider approval of road relocation of N 1500 Road: E2300 to 1525N (Michael Kelly)
(e) Consider County Resolution appointing Kevin R. Sontag to the office of County Surveyor effective September 23, 2017 (Keith Browning); and
(f) Consider approval of a resolution establishing basic requirements for recording various boundary survey plat documents (Kay Pesnell/Kent Brown).

(2) Presentation by Dr. Margaret Severson and Dr. Jason Matejkowski, University of Kansas School of Social Welfare of Findings from Crisis Assessments Completed in Douglas County June 5 – July 12, 2017.

(3) Update on the SAMHSA Data Driven Justice Behavioral Health Design Institute and plans for implementing MyResource Connect (Thellman, Houk and Tryanski) –No backup

(4) (a) Consider approval of Accounts Payable (if necessary)  
 (b) Appointments  
 -Board of Zoning Appeals (3) position 10/16
 -Building Code of Appeals Board (2) positions 12/16
 -Community Corrections Advisory Board (1) position resigned
 -Heritage Conservation Council (2) positions
 (c)  Public Comment


6:00 p.m.

(5) CUP-17-00316: Consider a Conditional Use Permit for Small Scale Industrial Uses, Richardson Jumpstarters, on approximately 94.8 acres located at 2138 N 1000 Rd. Submitted by Dwane F and Valerie Richardson Trustee, property owners of record. (Mary Miller is the Planner) 

(6) Adjourn

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

September 13, 2017

Gaughan called the regular meeting to order at 4:00 p.m. on Wednesday,
September 13, 2017 with all members present.

Gaughan moved approval of the following Consent Agenda:
►  Confirm the County Administrator’s approval of a cost increase in the amount of $3,124.00 for the renovation project for the Treasurer’s Satellite office (original not-to-exceed limit of $56,868) and authorized change order authority administratively up to 4% of $59,992;
► Neighborhood Revitalization Plan Interlocal Agreement with the City of Baldwin, Douglas County and the Unified School District #348;
► Resolution 17-31 adopting requirements for recording plats and surveys in Douglas County.
► Resolution 17-32 appointing Kevin Robert Sontag to the office of County Surveyor effective September 23, 2017; and
► Resolution 17-33 formally amending Douglas County Road Records to including the relocation of N1500 Road (E2300 to 1525N).

Motion was seconded by Derusseau and carried 3-0.

Captain Houk and Emily Kennedy, Douglas County Sheriff’s office, updated the County Commission on the proposed My Resource Connection software program developed by Johnson County. This secure program would be available to case managers, probation officers, hospital emergency staff and other social service professionals to identify regular users of behavioral health services and what programs they are utilizing.

Dr. Margaret Severson and Dr. Jason Matejkowski, University of Kansas School of Social Welfare, discussed the findings from a Crisis Assessment completed in Douglas County for June 5 – July 12, 2017.
Some of the findings included:
• Of the 205 surveyed, most patients seen were between 18 and 59 years of age with the highest percentage between 18 and 34 years;
• Most persons, 83% of the total sample were seem because of a “safety concern to self.”
• 78% of the clients/patients were seen in the LMH Emergency Department or at Bert Nash for a crisis service between 7 a.m. and 11 p.m., with slight more having been seen between 3 p.m. and the 11 p.m. shift.
• Of the 205 receiving assessments, 115 were identified as currently receiving mental health services, 44% at Bert Nash.
• 77% seen for a crisis assessment were not receiving mental health case management.  This may be related to the strict criteria that must be met in order to be assigned a case manager.
• 84% of the persons receiving crisis assessment were not currently receiving substance abuse treatment; nor were they receiving substance abuse case management, (86%).
• Of the 205 persons seen, 40% were living with family at the time of crisis, 21% were homeless (in shelter, precariously housed or literally homeless), 15% lived with a roommate, and 10% lived along.
• If not hospitalized, 73% of those seen for crisis assessment were referred to mental health treatment, 25% were referred to substance abuse treatment. 
• Weekends are considerably less busy than weekdays, but this may be related to Bert Nash not having emergency screening appointments available on weekends.
Discussion included barriers such as transportation to appointments, housing (not considered a principle barrier other than homeless, but needed for stabilization, people are coming to ER saying they are suicidal to get housing and food, 6-7 crisis per day at hospital, and need for a prevention strategy for the community.)

Gaughan moved to approve accounts payable in the amount of $993.234.93 to be paid on 09/14/17; and payroll in the amounts of $1,021,695.42 paid on 08/04/17, $22,697.25 paid on 08/10/17, $962,286.55 paid on 08/18/17, $959,864.76 paid on 09/01/17, $993,225.87 paid on 09/15/17. Motion was seconded by Thellman and carried 3-0.

RECESS 09-13-17
The Board recessed until the 6 p.m. meeting.

RECONVENE 09-13-17
At 6:00 p.m., the Board returned to regular session.

PLANNING 09-13-17
The Board considered CUP-17-00316, a Conditional Use Permit for Small Scale Industrial Uses, for Richardson Jumpstarters, on approximately 94.8 acres located at 2138 N 1000 Road. The application was submitted by Dwane F. and Valerie Richardson Trustee, property owners of record. The CUP was approved by the Planning Commission on 08/23/17 with unanimous vote. Mary Miller, Lawrence-Douglas County Metropolitan Planning Staff, presented the item.

The property is located within three miles of the city limits of Eudora. The Eudora Planning Commission was provided with the plans and the staff report. The business is established on the property and had previously operated with a Type II Home Occupation Permit. As the business grew it was no longer compliant with the Home Occupation standards. In June 2016, the applicant submitted a request to rezone the property to an Industrial Zoning District which would allow the manufacturing use. In response to comments from staff, based in part on the size of the parcel within the rezoning request and the variety of uses that would be permitted with the industrial zoning, the rezoning application was placed on hold and the applicant requested the initiation of a text amendment to allow small scale industrial uses such as his to be permitted in the A District when approved with a Conditional Use Permit. The text amendment was approved and the applicant submitted this Conditional Use Permit application to bring the manufacturing facility into compliance with the County Code.

Staff recommends approval of the Conditional Use Permit for a Small Scale Industrial Use based upon the following findings of fact:

I. Zoning and uses of property nearby. The area is zoned A for agricultural uses. Agriculture and Rural Residences are the principal uses in the area, with the residences being located primarily to the west of the proposed business along the roadways.
II. Character of the area. The area is rural in nature with agriculture being the principal land use and rural residences located along the roadways. In staff’s opinion, the use is compatible with the character of the area given the small scale of the use and the fact that it has operated for years as a Home Occupation. In addition, the traffic generated by the use has direct access to K-10, Hwy 59 and Hwy 56 via Principal Arterials N 1000 and E 2200 Roads.
III. Suitability of subject property for the uses to which it has been restricted. The property is suitable for the uses which are permitted within the A (Agricultural) District. Given the existing development of the property and immediate access to the Principal Arterial road network, the property is also well suited for the Small Scale Industrial use.
IV. Length of time subject property has remained vacant as zoned. The property is not vacant but contains a residence, various outbuildings, and the manufacturing business.
V. Extent to which removal of restrictions will detrimentally affect nearby property. The project is compliant with the standards for Small Scale industrial Conditional Uses. Principal Arterials provide direct access to the site from K10 Highway to the north, Hwy 59 to the west, and Hwy 56 to the south. Given the compliance with the use standards and proximity to the major thoroughfares, no detrimental effects on nearby properties are anticipated from this use.
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 approval of this request will accommodate growth of a local business that is compatible with the area and will not negatively impact the public health, safety or welfare; therefore, denial of the request would provide no benefit to the public health, safety or welfare.
VII. Conformance with the comprehensive plan. The use proposed with this Conditional Use Permit is compliant with the recommendations in the comprehensive plan.

and, subject to the following conditions:
1. The CUP shall be administratively reviewed every 5 years by the Douglas County Zoning and Codes Department.
2. Provision of a revised CUP plan with the following changes:
a. Addition of the following notes:
i. “If any new exterior lighting is proposed, a lighting plan shall be submitted to the Planning Office for review and approval prior to installation.”
ii. “Up to 10,000 sq ft of building is permitted. Additional building area will require approval of the Board of County Commissioners.
iii. “Business may employ up to 15 full-time equivalent non-resident employees, as defined in Section 12-303-1.65. Parking is required at the rate of one space per two employees.”
iv. “All business activity shall be conducted within the structure with no outdoor storage of materials or product.”
v. “Parking spaces for all employees and loading areas must be provided on the site. No Loading activity or parking is to occur on the adjacent roadway.”
vi. “No shift work/24 hour a day businesses permitted. Business shall operate with defined working hours.”
vii. “The use does not require Federal air quality discharge permits.”
viii. “The addition of a restroom to any of the buildings may require installation of an additional septic system. The Health Department shall be contacted with any building permit application for a restroom.”
b. Note the current number of employees.
c. Show the parking area boundaries, with dimensions.
d. Identify the approximate number of acres to be used for the CUP.

Miller discussed the need for four parking spaces at this time. The applicant would need to come back before the Board if the business needed to add more employees. Miller also clarified under Resolution 16-29 which outlines small scale industrial uses permitted as Conditional Uses, the applicant can have up to 15 full-time equivalent non-resident employees, as defined in Section 12-303-1.65.

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

Gaughan moved to approve CUP-17-00316, a Conditional Use Permit for Small Scale Industrial Uses, for Richardson Jumpstarters with the above listed conditions as recommended by staff. Motion was seconded by Derusseau 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
 ____________________________  _____________________________  
Jamie Shew, County Clerk                 Michelle Derusseau, Member