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Commission Board Meeting on Wed, September 5, 2018 - 4:00 PM and 6:00 PM

Meeting Agenda: 


4:00 p.m.

(1) (a)  Consider approval of Commission Orders;
(b) Consider authorization to proceed with ADA accessible fishing dock at Lone Star Lake (Keith Browning);
(c) Consider approval of a road location of N 2050 Road by County resolution (Kevin Sontag); and
(d) Consider approval to purchase equipment for Public Works (Doug Stephens)

(2) Consider engaging in a contract with Northeastern University for a Law Enforcement Contact Study. (Robert Bieniecki)

(3) Jail population update. (Sheriff McGovern)

(4) (a) Consider approval of Accounts Payable (if necessary)  
 (b) Appointments  
 -Board of Zoning Appeals (1) positions 10/17
 -Building Code of Appeals Board (2) positions 12/16
 -Community Corrections Advisory Board (1) position open (edu); (1) 08/31/18
 -Fire District No. 2 (2) positions 
 -JAAA Advisory Council (2) position
 -JAAA Board of Directors (1) position 
 -Joint Economic Development Council (2) positions
 -Lawrence-Douglas County Advocacy Council on Aging (2) open positions
 -MPO Bicycle Advisory Committee (1) position
 -Mental Health Board (1) position 04/18
 -Property Crimes Compensation Board (1) position
 -Senior Resource Center (1) positon 12/31/18 
 (c)  Public Comment
 (d) Miscellaneous


6:00 p.m.

(6) Proclamation for “First Responder Appreciation Week”

(7) Extension request for a Conditional Use Permit, CUP-15-00613, for Calcio Village, an Athletic Field complex for youth soccer on approximately 80 acres, located at the intersection of E 1750 Rd & N 1300 Rd. Submitted by Calcio Village on behalf of John Pendleton for Lorita H Pendleton, Trustee, property owner of record. (Approved by the Board of County Commissioners on 2/10/16) Mary Miller is the Planner.

(8) CUP-18-00239: Consider a Conditional Use Permit for Wakarusa Boat & RV Storage LLC, located at E 550 Rd & N 1190 Rd. Submitted by Jason Fike on behalf of Sharon Anderson, property owner of record. Becky Pepper is the Planner.

(9) Adjourn

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

September 5, 2018

Thellman called the regular meeting to order at 4:00 p.m. on Wednesday, September 5, 2018 with all members present.

Thellman moved approval of the following Consent Agenda:
►  Commission Order No. 18-039 (on file in the office the County Clerk);
►  Authorization to proceed with engineering and construction of an ADA accessible parking area, walkway and fishing dock at Lone Star Lake;
► Resolution 18-22 of the Board of County Commissioners of Douglas County, Kansas formally amending Douglas County Road Records for the relocation of N 2050 Road; and
► Authorized staff to access the MODOT and the City of Kansas City contracts with Westfall GMC for the purchase of two trucks (one semi-tractor truck and one tandem axle dump truck) for Public Works for a total cost of $135,477.91,
Motion was seconded by Derusseau and carried 3-0.
CJCC 09-05-18
Robert Bieniecki, Criminal Justice Coordinator, stated the Criminal Justice Coordinating Council has recommended the County Commission approve a contract with Northeastern University for a study on disproportionate minority contact in Douglas County’s criminal Justice system.  A team consisting of Dr. Jack McDevitt and Dr. Amy Farrell from Northeastern University in Boston, MA, and Dr. Janice Iwama from American University in Washington, D.C. will provide technical assistance to all of the law enforcement agencies in Douglas County to develop and implement a program for documenting traffic and pedestrian stops, analyze the data to determine if any disproportionalities exist and provide related recommendations.

The total cost of the project is $175,000. The Cities of Lawrence, Eudora, Baldwin and the University of Kansas have committed to participating in the study. An inter-local agreement for shared cost is currently being reviewed by legal counsel and will be forwarded upon completion The proposed cost share is; Douglas County ($84,016.50), City of Lawrence ($84,016.50), City of Eudora ($2,883), City of Baldwin ($2,269) and the University of Kansas ($1,815).

After discussion, Thellman moved to execute a contract with Northeastern University to provide consulting services to Douglas County to study Law Enforcement contacts and create a data collection program for ongoing data collection and analysis. Pretrial release averaged around 100 people; house arrest averaged around 30. That has kept a lot of people out of jail. Motion was seconded by Gaughan and carried 3-0.
Gary Bunting, undersheriff, made an update to the County Commissioners on the status of the jail population. He described who the County had in custody on August 2, 2018 and described what crimes they committed. Other information included:
• 244 were in custody
• 15 for murder. 
• Pretrial release averaged 100 people
• House arrest 30
• Averaging 12,000 miles per month transporting inmates to other jails.
• Program rooms being used to house inmates, so can’t do programs.
• All rooms except attorney visitation room are full housing inmates.
• Due to spacing concerns, inmates are only getting out of their rooms sometimes an hour a day.
• Other counties will only take certain inmates. Must be best behaved inmates. They won’t accept those on certain medications or maximum security.
• 113% increase in “officer needs emergency assistance” codes since 2103.
• Inmates know if they assault an officer they don’t have to be moved to another county.
Double bunking was discussed. In order to keep inmates as safe as possible it is best to house individually. Bunting said he is reluctant to add a bunk to a 35 sq. ft. room. He said we need male maximum, medium and minimum security space.

The Sheriff’s office is averaging 12,000 miles per month transporting inmates to other jails. Currently, program rooms are full with inmates and can’t do the programs. All rooms except the attorney visitation room is full. We are housing in rooms that aren’t secure. The best of maximum security have been moved to medium; the best of medium security have been moved to minor; inmates are getting little time out of cells. Last resort is putting bunks in day areas.

Gaughan said Wyandotte County added double bunking but their cells were larger than Douglas County’s cells.

Thellman asked if portable cells might be an option. Bunting said the Sheriff’s office is looking at that option and would like to present more information to the Commission at a future meeting in October.

Thellman opened the item for public comment. No comment was received.
No action was taken.

Thellman moved to approve accounts payable in the amounts of $250,349.51 to be paid on 09/06/18 and $151,919.61 paid on 08/30/18. Motion was seconded by Gaughan and carried 3-0.

RECESS 09-05-18
At 4:45 p.m., the Commission recessed until the 6:00 p.m. meeting.

RECONVENE 09-05-18
The Board reconvene at 6:00 p.m.

Harry Herrington, founder of the County Valor program, recognized Elise Wiley, 1st grader at Cordley Elementary school as the winner of the First Responder Drawing for 2018 which will be used on the program cover for the Annual Valor Banquet on September 7.

Derusseau moved to approve a proclamation honoring the week of September 9-15, 2018 as First Responder Appreciation Week in Douglas County.  Motion was seconded by Thellman and carried 3-0.

PLANNING 09-05-18
The Board considered an extension request for a Conditional Use Permit, CUP-15-00613, for Calcio Village, an Athletic Field complex for youth soccer on approximately 80 acres, located at the intersection of E 1750 Rd & N 1300 Road. The requested was submitted by Calcio Village on behalf of John Pendleton for Lorita H. Pendleton, Trustee, property owner of record. The original CUP request was approved by the Board of County Commissioners on 2/10/16. Mary Miller, Lawrence-Douglas County Metropolitan Planning staff, presented the item.

Miller went over the original principle factors that were considered with the extension request. There have been no changes in the zoning regulations that would affect the soccer complex. The CUP remains compliant. The soccer field will have no impact on the Mining and Excavation and Landfill CUP approved on May 11, 2016 west of the subject property. The traffic concerns on N 1300 Road were addressed as well as the impact on well concerns. The property is not currently served by a rural water district but water at the site would only be used for restroom, not any type of irrigation. 

Staff recommends approval of a one-year extension to the approval for Conditional Use Permit, CUP-15-00613, for Calcio Village, an Athletic Field use at the intersection of E. 1750 and N. 1300 Roads. The approval would remain valid until February 10, 2019 at which point the approval would become null and void unless a written request for an extension was provided prior to that time.

Gaughan said he saw on Facebook a different configuration of the field for phase 1. He asked why the change.

Joe Camparato, applicant and Director of Jambars Futbol Club/Coach from Bishop Seabury, said to get the grading and fill correct there had to be some tweaking to the layout. Miller responded the minor changes to the site can be done through the site plan. If the changes are similar, it can be done administratively. Anything significant will come back before the Commission. The changes sound like they can be handled administratively.

Thellman opened the item for public comment.

Diana McNish, 1643 N 1300 Road, stated N 1300 Road has been approved, but due to the improvements there is more traffic on the road. She still has concerns about traffic speed and safety concerns. 

Thellman asked Keith Browning, Director of Public Works, to comment on N 1300 Road. Browning stated we did a study on the 31st Street Alignment from Haskell to Route 1057. The City and KDOT were able to get 31st Street from Haskell to O’Connell done. East of O’Connell the improvements have not been done. The study would move 31st Street to the north of the current alignment. The current 31st Street would be used as access to the properties along that stretch.  But the new alignment is not in our CIP and he doesn’t expect that to be done in the near future. It will be an expensive project. The 35 mph speed limit was made permanent last summer along N1300 Road. The speed limit signs are up. If traffic is not adhering to 35, they will not adhere to a lower limit.

Thellman asked if speed bumps would be appropriate. Browning said they would be unsafe for that speed of a road. He said we can look at the speed limit, but may find the appropriate speed should be higher. Browning suggested adding 30 mph advisory plates at each hill to provide additional warning signs. It would not be a legal speed limit, but a warning. If the Commission requests this he can make the suggestion to the township that maintains the road.

Gaughan said he agrees with taking those steps but it is almost independent of this approval process. Browning responded he will put some more thought into a resolution. 

Karen Heeb, 1685 N 1300 Road, stated concerns about the 35 mph signs on the road and 30 mph signs at the entrance to the road. She feels the speed limit should be 30 mph all along the road. She still has concerns about the use of water at the site affecting her wells. Heeb said she ran out of water this past summer. She asked if not using wells, what will be used for irrigation.

Camparato responded there is a five-acre pond on the property and they will be collecting stormwater runoff which has been approved by the State and engineers. Also the new rural water district has run a line that cuts through this property which they are working on tapping into. The plan is to mostly use the runoff. A well may not be needed. Regarding traffic, they will do their best to direct traffic to Noria Road by 1900 Road.  Exiting at Haskell and going south to 1750 Road would also be appropriate.

Gaughan moved the one-year extension for the approval of Conditional Use Permit, CUP-15-00613, for Calcio Village, an Athletic Field use at the intersection of E. 1750 and N. 1300 Roads. The approval would remain valid until February 10, 2019 at which point the approval would become null and void unless a written request for an extension was provided prior to that time. Motion was seconded by Thellman and carried 3-0.

PLANNING 09-05-18
The Board considered a Conditional Use Permit for Wakarusa Boat & RV Storage LLC, located at E 550 Road and N 1190 Road. The application was submitted by Jason Fike on behalf of Sharon Anderson, property owner of record. Becky Pepper, Lawrence-Douglas County Metropolitan Planning staff, presented the item.

The Commission noted there is a valid protest petition. Approval of the CUP would take a unanimous vote.

Staff recommends approval of the Conditional Use Permit for a boat and RV storage at E. 550 Road and N. 1190 Road, based on the following findings of fact:

I. Zoning and uses of property nearby. Nearby properties are zoned agricultural and contain agricultural and residential land uses.

II. Character of the area. The area is rural in nature, with rural residences, woodlands, floodplain, agricultural lands, the unincorporated town of Clinton, and Clinton Lake being predominate features.

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. The property is also well suited for a Boat Storage use.

IV. Length of time subject property has remained vacant as zoned.County Zoning Regulations were adopted in 1966; this property has been zoned A (Agricultural) District since that adoption. Aerial photography indicate that the property has been vacant since at least 1937.

V. Extent to which removal of restrictions will detrimentally affectnearby property. The proposed use is compatible with the surrounding area and will not detrimentally affect nearby properties.

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. In staff’s opinion, the approval of this request will result in a compatible project
that will not harm 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 comprehensive plan recommends that uses in the rural area be limited to those compatible with agricultural uses and that the design should be consistent with the rural
character. A Conditional Use Permit can be used to allow specific non-residential uses subject to approval of a site plan. This tool allows proportional development in harmony with the surrounding area. As recommended by Horizon 2020, the proposed request is consistent with the comprehensive plan.

and subject to the following conditions:

1. The applicant will provide a revised site plan to include the following changes:
a.  Remove open storage from the required front and rear yard setbacks.
b.  Relocate the street trees so that they are on the street side of the fence.
c.  Add the following note, “The CUP shall be administratively reviewed every 5 years by the Douglas County Zoning and Codes Department”.
d.  Add the following note, “Douglas County Public Works entrance permit required prior to work in public road right-of-way.”
e.  Add the following note, “The site may only be used for the storage of boats and recreational vehicles. No other types of storage is permitted.”
f.  Add the following note, “Owners or operators of any project who engage in construction activities which will disturb one (1) or more acres must have authorization to discharge stormwater under the Stormwater Runoff from Construction Activities General Permit S-MCST-1703-1 with KDHE.
g.  Add the following note, “A sign permit is required by Zoning & Codes per 12-306-2.18 prior to sign placement.”

On 07-25-18, the Planning Commission voted to recommend denial of the CUP with a 7-2 vote based on the character of the area, the size of the development, not being in line with the character of the rural area, potential traffic impacts and loss of agricultural land.

Pepper explained to the Commissioners their options. Because there is a valid protest petition, approve of the CUP application will take a unanimous vote. The Board can deny the request based on recommendation of the Planning Commission or return the item to the Planning Commission for further consideration, or defer the item for more information. The only action that would require a 3-0 vote is the approval of the CUP application.

Thellman opened the item for public comment.

Greg Shanklin, 1187 E 596 Road, stated he is opposed to the development. He feels the proposed development is out of character for the community. It’s too large and more appropriate for an industrial area in a city. He has concerns over lighting, traffic, widening of roads and the aesthetics of the area.

Jim Baldwin, 1171 E 550 Road, stated concerns that the development will cause dangerous traffic and if the terraces on the property are removed it will create drainage problems.

Jared Paslay, 603 N 1190, feels the proposed development does not fit with the surrounding area. It will destroy the rural character of the county and it doesn’t bring in revenue or jobs for the area. He also feels this type of business should be located off a major road with turn lanes and shoulders.

Marilyn Hodges Colgan, 484 N 1050 Road, said her main concerns are safety, soil erosion and traffic. Also the storage unit could be a hot spot for thieves. She asked the Commission to deny the application.

Winona Deiter, 608 1190 Road, said she doesn’t want to see a metal roof and stored campers coming and going from the town of Clinton.

Jason Fike, applicant, stated the Boat Storage would be a family business. He has the land under contract. There will be an onsite office and potential opportunities to add employees in the future. He plans to use local contractors when possible. Fike said there is a demand for boat and RV storage. Covered storage is almost unattainable. The marina has about 700 storage spaces and is almost full. He said the City of Lawrence is looking at new regulations for parking RVs within the city limits. The outcome may have an impact on the need for additional storage availability. Fike also stated the facility will have a fence with a computerized security gate and security camera that records all activity which should be a deterrent for theft. Fike said he is willing to make a huge investment in trees for screening, 170 total. Lawrence Landscape is the only company that can get this many trees. He said the cost is huge.  Fike said this is a farming community, but also a lake community. This facility would be 1.5 miles from Clinton Lake which has 757 campsites, 300 are 1.5 miles from this proposed location and 12 boat ramps. Fike feels his proposal is ideal for the character of the area and boats and RVs are a common site around a lake. He stated 1.3 million people visit Clinton Lake each year. He said the traffic is ready here but his storage facility could cut down the distance people are traveling with boats and RVs along the county roads. He added a storm water engineer has reviewed the plans and does not feel runoff will be an issue at this site.

Loren Baldwin, 598 N 1190 Road, said he owns the Clinton Store in the town of Clinton. He stated concerns over the use of Eastern Red Cedars as part of the screening system. He considers them noxious weeds that take over landscapes. He is also concerned about people dumping their RV tanks on this site effecting the runoff to Clinton Lake and the local drinking water. The majority of local Clinton residents are opposed to this application. He encouraged the Commission to vote against this CUP.

Thellman moved to close public comment.

Gaughan stated he doesn’t feel the proposed business is out of character for the area. He is inclined to support new development and is open to more discussion on the matter.

Derusseau said she is admitting upfront she is an RV owner and understands the serious need for RV storage in the area. She said she has looked for covered storage herself. Derusseau also said she is very familiar with the Clinton area and does not see a storage facility placed in that proposed location and just doesn’t feel it’s a good fit for that location. The RV storage park located at the entrance to the state park is a completely different setting. It is located on a state road and not in someone’s front yard or the gateway to the community of Clinton. She said she is aware of the RV traffic on the weekends. Derusseau said she feels an increase in RV and boat traffic turning in and out of that proposed location is just not a good idea.

Thellman said she drove out there today to view the proposed site to get a sense of how this development would impact the area. And after reading all of the notes in the packet and the comments from the Planning Commission she feels this development would be a remarkable change to the landscape and the one and only entrance to the town of Clinton. It would be a permanent change in the quality of life for this little town. She said she understands the potential business opportunity this is for the application, but is also aware of the impact on the surrounding residents, the quality of life and impact on the neighborhood for this town. Thellman stated she just does not see a storage facility happening at this location. She is not included to support the application.

Gaughan said there appears to not be enough support to further additional discussion on the matter.

Thellman based on the Planning Commission’s recommendation agreeing with the sense that the proposal is not in character that the proposal is not in character with the area or follow with the Comprehensive Plan’s aspiration to preserve the rural character of our agricultural areas in Douglas County, and with some concern for traffic, safety and suitability for particular proposal on this particular site at the gateway to Clinton parkway, she moved to deny CUP-18-00239, a Conditional Use Permit for Wakarusa Boat & RV Storage LLC, located at E 550 Road and N 1190 Road.  Motion was seconded by Derusseau and carried 2-1 with Gaughan in opposition.

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

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