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Commission Board Meeting on Wed, March 13, 2019 - 5:30 PM

Meeting Agenda: 

 BOARD OF COUNTY COMMISSIONERS OF DOUGLAS COUNTY, KANSAS
 
ADDRESSING THE COMMISSION:  Public comment will be taken for each regular agenda item as each item is discussed.  Individuals will be limited to one comment per agenda item.
Individuals are asked to come to the microphone, sign in, and state their name.  We ask that you sign in so that we can get the spelling of your name correct in the minutes of the meeting. Speakers should address all comments/questions to the Commission.

WEDNESDAY, MARCH 13, 2019

5:30 p.m. BUSINESS MEETING
-
Consider approval of the minutes for March 6, 2019.

CONSENT AGENDA
(1) (a) Consider approval of Commission Orders;
(b) Consider approval of Hot Mix Asphalt (HMA) Supply Contracts for the 2019 Maintenance Season (Keith Browning);
(c) Consider approval of Crushed Rock Bids for Road Maintenance (Keith Browning); and
(d) Accounts payable.

REGULAR AGENDA
(2) Consider Interlocal agreement to establish the City of Eudora Urban Growth Area (Mary Miller/Barack Matite)

(3) Consider approval of SP-19-00011, a site plan for minor changes to plans approved with 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 Road and N. 1300 Road. Submitted by Jambars Futbol Club Inc./Calcio Village, LLC, on behalf of John Pendleton for Lorita H. Pendleton, Trustee, property owner of record. (Mary Miller is the Planner)

(4) Discuss communications with the City of Lawrence on Lawrence-Douglas County Fire and Medical (LDCFM) service partnership agreements (Sarah Plinsky) – No backup
 
(5) Appointments:  
• Community Corrections Advisory Board (2) positions open (General/Social Services)
• Criminal Justice Coordinating Council (1) positions open (Commissioner Appt)
• JAAA Advisory Council (1) position
• JAAA Board of Directors (2) positions
• Heritage Conservation Council: (1) position (Architect)
• Lawrence-Douglas County Advocacy Council on Aging (10) open positions

(6) General Public Comment

General Public Comment will be at the end of each meeting with a limit of one comment per person and keep their comments brief. Individuals may not give unused time to other speakers. As a general practice, the Commission will not discuss/debate these items, nor will the Commission make decisions on items presented during this time, rather they will refer the items to staff for follow up, if necessary.

(7) Committee Reports

(8) Commissioner and/or Administrator Miscellaneous

(9) Adjourn

Meeting Location: 
County Courthouse
Street Address: 
1100 Massachusetts Street, Lawrence, Kansas 66044
Meeting Minutes: 

March 13, 2019

Derusseau called the Regular Meeting to order at 5:30 p.m. on Wednesday, March 13, 2019 with all Commissioners present.
 
MINUTES 03-13-19
The approval of the minutes for March 6, 2019 was deferred.  

CONSENT AGENDA 03-13-19
Derusseau moved approval of the following Consent Agenda:
►  Commission Order Nos.19-019 and 19-020 on file in the office the     County Clerk;
► Authorized the supply contracts for 500 and 2,500 tons of Hot Mix Asphalt from Hamm, 500 to 2,500 tons ($50.50/ton) from Bettis Asphalt & Construction ($52.50/ton) and 500 to 2.500 tons from Killough Construction ($47.00/ton) for the 2019 road maintenance season;
► Accepted the following bids from Hamm Quarries and Mid-States Materials for crushed rock aggregates used for road and bridge maintenance as follows:

Type of Aggregate

Vendor

Quantity (tons)

Quarry

Unit Price

Shot Rock

Mid-States

100-1500

Big Springs

$15.00

 

Mid-States

100-1500

Edgerton

$15.00

 

Mid-States

100-1500

Globe

$15.00

 

 

 

 

 

AB-3

Hamm

100-2000

Eudora

$9.05

 

Hamm

100-2000

Buchheim

$8.95

 

Mid-States

100-2000

Big Springs

$8.20

 

Mid-States

100-2000

Edgerton

$8.50

 

Mid-States

100-2000

Globe

$8.90

 

 

 

 

 

Surfacing Material

Hamm

100-3000

Buchheim

$11.80

(Road Rock Special)

Mid-States

100-3000

Big Springs

$10.50

 

Mid-States

100-3000

Edgerton

$12.00

 

Mid-States

100-3000

Globe

$13.70

 

 

 

 

 

Stone for Rip Rap

Mid-States

100-1500

Big Springs

$25.00

 

Mid-States

100-1500

Edgerton

$25.00

 

Mid-States

100-1500

Globe

$25.00

 

 

 

 

 

Stone for Aggregate

Mid-States

100-2000

Big Springs

$25.25

(Ditch Lining)

Mid-States

100-2000

Edgerton

$25.25

 

Mid-States

100-2000

Globe

$25.25

         

► Accounts payable in the amount of $465,354.05 to be paid on 03/14/19; and payroll in the amount of $1,056,902.13 to be paid on 03/15/19.

Motion was seconded by Kelly and carried 3-0.

CITY OF EUDORA 03-13-19
Barack Matite, Eudora City Manager, asked the County Commission to consider pursuing an interlocal agreement to establish the City of Eudora Urban Growth Area (UGA).

Matite contacted the Planning Office to inquire about applying the County’s Subdivision Regulations to the City of Eudora’s UGA. A review of the documents provided by Matite indicated the City of Eudora began the process provided in Article 7 of the State Statutes to establish an Urban Growth Area in 1994. However, the process was not completed and an UGA that is recognized by the County for the purpose of applying its Subdivision Regulations was not established.

The Douglas County Counselor determined the Urban Growth Area could be established through one of the following procedures:
1)  Follow the policy outlined in K.S.A. 12-750, as begun in 1994. This would allow the City of Eudora to apply zoning or other city regulations in the UGA; or,
2)  Request that the Board of County Commissioners designate an Urban Growth Area, for the purpose of applying the Subdivision Regulations for the unincorporated areas of Douglas County, with an interlocal agreement that designates the UGA boundaries.

Discussion included 1) Douglas County is establishing new regulations for the unincorporated area that may have an impact on the Eudora UGA, so this was a good time for the UGA conversation to come forward; 2) the cities of Baldwin and Lecompton need to be included in the conversations; and 3) it was determined by staff that the City of Baldwin also does not have an interlocal agreement for their UGA.

Tonya Voigt, Zoning and Codes, stated when property is in the UGA it is expected to annex into the city limits within a short period of time or within their plan period. The boundaries would be important when we are considering small communities because we don’t want to allow a lot of subdivisions or rural cluster developments to take place that are never going to be annexed into the city limits. Currently staff is looking at a real planned growth instead of scattered growth everywhere. While the surveys are approved through the Planning Office, the Zoning and Codes Office approves all the building permits. Anytime someone has a question on whether their property can be split or how they can develop it, they come to the Zoning and Codes Office. Voigt said there has been a huge uptake of building permits. Permits have doubled in the past five years, but staff has not. She is concerned about over extending permits. Voigt said if the County decides we want more development, we also need more staff to be able to process that development.

Thellman suggested if Planning and Zoning & Code staff have any angle to add to the conversation to meet with Matite and the City of Eudora so we are all talking from same book. 

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

With the consensus of the Board, Derusseau directed staff to work with the City of Eudora on the interlocal agreement for the Urban Growth Area boundary.

PLANNING 03-13-19
The Board considered the approval SP-19-00011, a site plan for minor changes to plans approved with 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 Road and N. 1300 Road. The application was submitted by Jambars Futbol Club Inc./Calcio Village, LLC, on behalf of John Pendleton for Lorita H. Pendleton, Trustee, property owner of record. Mary Miller, Lawrence-Douglas County Planning Staff, presented the item.

The changes proposed with the site plan include: a reduced field layout and smaller buildings to accommodate the expansion of the detention pond to properly manage stormwater and balance the site for development; and the reconfiguration, relation and expansion of the parking areas. Miller stated normally minor changes to a site plan are processed administratively, but since this is a public interest item she brought it back before the County Commission.  The changes will have no negative impact on the area.

There was discussion on what type of parking surface the applicant plans to use since there is added parking and impervious surface if asphalt is used.

Joe Comparato, 1610 Massachusetts Street, stated he is looking at recycled asphalt for the parking lots and road surfaces inside the lot. Hamm, the contractor, suggested asphalt. They had to rethink the parking lot due to the layout changes. This added 80 additional parking spaces that was lost in the original design and added another entrance helping the flow of traffic getting in and out of the lot.

Derusseau opened the item for public comment.

Dan Strong, 22750 W 183 Street, Olathe, KS, stated he owns adjoining land on two sides of the project. He stated concerns regarding stormwater runoff. He said the area is plagued by drainage issues. 

Comparato said he is not an engineer. However, the way they are planning to retain water was approved by the State of Kansas. There were regulations Bartlett and West did have to follow and those engineering plans have been stamped and approved by the State.
Voigt said the Zoning and Codes Department recently re-reviewed the grading plans to make the detention pond larger by a hydraulic engineer on staff. She offered to provide Strong with the engineer’s contact information to get his questions answered.

Derusseau moved to approve SP-19-00011, a site plan for minor changes to plans approved with 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 Road and N. 1300 Road, subject to the following conditions:

1.  The conditional use shall be administratively reviewed every 5 years.
2.  The soccer facility shall not be open for training or games until the township roads (N. 1300 Road and E. 1750 Road) have been repaired to pre-SLT conditions.
3.  The Planning Office shall provide mailed notice to all property owners within 1,000 feet of the subject property when a site plan requiring County Commission approval is submitted.
4.  The athletic field lights will utilize shields/visors that have been approved by the Planning Office for glare reduction.
5.  A site plan for a vegetated noise buffer on the east side of the property shall be submitted to the Planning Office for County Commission approval. The bufferyard landscaping shall be installed a minimum of 2 years before development of Phase 2, the area east of the stream.
6.  Wells on the property may be used only for the limited purpose of the facility. No well on the property may be used for irrigation purposes.
 
Before taking the vote, there was discussion on parking lot surfaces. Kelly encouraged the applicant to look at semipermeable options. The motion was seconded by Thellman and carried 3-0.

AGREEMENTS/LAWRENCE-DOUGLAS COUNTY FIRE AND MEDICAL    03-13-19
The Board discussed communications with the City of Lawrence on the Lawrence -Douglas County Fire and Medical (LDCFM) service partnership agreements.

Sarah Plinsky, Interim County Administrator, stated she is open to conversation in terms of direction. There has been communications back and forth with the City of Lawrence. The City is looking to refine the Lawrence-Douglas County Fire Chief selection process. This past week, Plinsky reached out to the City Manager but he was not ready to share information at this point. She asked the Commission how they wished to proceed.

Derusseau stated it’s important to continue to request to be part of the selection process. She has received feedback from constituents wanting someone from Douglas County as part of the selection process. Based on the response received from the City of Lawrence, she would like staff to direct a letter to the Mayor stating the importance of the County’s participation in the process.

Thellman said she would like the letter to state Douglas County encourages that the request be considered. She wants it out there that we just want to work together, one governing body seeking collaboration with another governing body. We hope to hear good news that we’ve been included in the process and then just move forward. It is incumbent upon the County Commission to represent the rural residents and it’s a simple request. Thellman said she feels encouraged there are signals from the City of Lawrence there may be some opening to include us in the process.

Kelly added he feel it’s encouraging news from the City Manager. Since the last County Commission meeting, Kelly said he met with Mayor Larsen and Commissioner Stuart Boley. The message he’s received from the community is they want us to work together. He appreciates the good communication between our Interim County Administrator and the City Manager, and that it’s a good sign. It has given him some time to think about how we react, respond and communicate on both sides.

Derusseau said she had a conversation with Mayor Larsen last week. Derusseau feels making a formal request from one Commission to another shows our willingness and hope to work together on a cooperation agreement.

It was the consensus of the Board for staff to draft a letter from the County Commission Chair expressing the desire of the County Commission to be included on the panel that determines the finalist for the Lawrence-Douglas County Fire Chief, based on the spirit of the Cooperation Agreement, and with the Interim County Administrator having that seat. 

APPOINTMENT 03-13-19
Derusseau moved to appoint Greg Gardner to the general position on the Community Corrections Advisory Board for a two-year term to expire 01/31/2020. Motion was seconded by Thellman and carried 3-0.

APPOINTMENT 03-13-19
Kelly moved to reappoint Jim Weaver and Karen Willey to the Planning Commission for three-year terms to expire 05/31/2022. Motion was seconded by Thellman and carried 3-0.

GENERAL PUBLIC COMMENT – None.

COMMITTEE REPORTS – 03-13-19
Derusseau reported that the Criminal Justice Coordinating Council met Tuesday, March 12. New Council members were introduced. The Council continues to work on addressing solutions to the number of “failure to appears” in court by those with mental health issues.

COMMISSIONERS AND/OR ADMINISTRATIVE MISCELLANEOUS 03-13-19
 1.) Thellman stated she received a call from a Township Trustee about the number of phone calls from frustrated township citizens requesting repairs to their roads after the bad weather. He requested the County put out a message that the townships are doing the best they can, but until the roads dry out, they cannot bring in gravel. Keith Browning, Director of Public Works, drafted a statement asking the public for their patience. Douglas County is scheduling a study session on April 10 at 4:00 p.m. to talk with township board members to discuss the status of roads and budget concerns to repair and maintain roads. The County doesn’t have budget or authority over township roads, but we can get communication going with the township boards. 
2.) Plinsky stated the Criminal Justice Coordinating Council (CJCC) will hold a Day of Action for the Stepping UP Initiative at their May 14 meeting. At the March 12 meeting, Pam Weigand, Director of Criminal Justice, gave a presentation on the 2018 Criminal Justice Report on juvenile and adult jail information. She plans to get the information to the Board at an upcoming work session.
3.) There was a great Human Services Provider Coalition meeting. Plinsky plans to share the video with the Commission. This is a group that County staff has initiated in partnership with United Way and the joint Human Service Providers that Douglas County and United Way funds to talk about a variety of issues. Discussion on community utility assistance has morphed into a larger conversation on better collaboration and integration into the community health plan.
4.) Team representatives from the Behavioral Health Coalition will be traveling to Arizona this week to visit a crisis center with a Peer Club House.
 
Derusseau adjourned the meeting.

 
______________________________ _____________________________
Michelle Derusseau, Chair                   Patrick Kelly, Vice-Chair
 
ATTEST:
______________________________ _____________________________  
Jamie Shew, County Clerk                  Nancy Thellman, Member