Meeting Information
-Convene
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders; and
REGULAR AGENDA
(2) Consider approval of Mountain Bike Trails at Wells Overlook Park (Andrew McKee)
(3) Public Hearing for proposed vacation of E700 Road from 1800N to 1900N (Michael Kelly)
(4) Consider approval of resolution for the vacation of E700 Road from 1800N to 1900N. (Michael Kelly)
(5) Public Hearing for considering the declaration of minimum maintenance for E700 Road from 1900N to 2000N (Michael Kelly)
(6) Consider approval of resolution for the declaration of minimum maintenance for E700 Road from 1900N to 2000N (Michael Kelly)
(7) Consider approval of A-02-02-08 and annexation of approximately 154.9 acres, located at the NW corner of N 1800 Road & E 900 Road. Submitted by Steven Schwada, agent for Stonewall Farms LLC; JDS Kansas LC; Pert LC; Penny J Tuckel; Axrom LLC; Venture Realty Corporation; Arco Sales Corporation; Venture Properties Inc; Industrial Square Corp; JDSS Limited Company; Radol LC; Tuckel Russell L JR; Northland Ventures LC; and Oread LC, property owners of record. Referred by City Commission on 2-12-08. Ordinance No. 8257 (PC Item 13; approved 6-2 on 3/26/08) (Sandra Day is the Planner)
(8) Other Business
(a) Consider approval of Accounts Payable (if necessary)
(b) Appointments
(c) Miscellaneous
(d) Public Comment
(9) Adjourn
Note: The Douglas County Commission meets regularly on Mondays at 8:30 A.M. and Wednesdays at 6:35 P.M. at the Douglas County Courthouse. Specific regular meeting dates that are not listed above have not been cancelled unless specifically noted on this schedule.
Johnson called the meeting to order at 6:35 p.m. on Wednesday, May 14, 2008 with all members present. The Pledge of Allegiance was recited.
CONSENT AGENDA 05-14-08
Jones moved approval of the following Consent Agenda:
► Commission order Nos. 08-041, 08-043 and 08-044 (on file with the office of the Clerk);
The motion was seconded by McElhaney and carried unanimously.
PARKS & BIKE TRAILS 05-14-08
The Board considered the approval of the construction of a Mountain Bike Trail at Wells Overlook Park. Andrew McKee, KU Cycling Club & Lawrence Mountain Bike Club; and Art King, Trail Maintenance Coordinator, were present for the discussion. The trails would be concentrated in the southwest corner of the park. Several one-way trails would be routed downhill through this area toward a common collection area at the bottom, while an uphill-specific trail would be located along the southern border of the park. All work on the trails would be done by volunteer labor using donated or salvaged materials. There would be no financial cost incurred by the County. King stated the trails can help erosion by stabilizing the area, like a terrace.
The Commission discussed possible liabilities involved if someone were to get hurt on the trail. King talked about riders needing to sign a waiver. Craig Weinaug stated if the Commission is interested, the next step would be the negotiation of a contract that would address the liability issues.
Jones stated concern about people being a nuisance to surrounding neighbors and park visitors. King stated he has no authority; however, their club has a Mountain Bike Patrol. Jones commented he would like to have the Sheriff's Department, Fire & Ambulance Department, and Public Works weigh in on the decision. The County Counselor needs to review for liability issues. Jenny Hesseltine, Administrative Intern, stated she and Mike Perkins, Operations Manager, have been out to view the park on several occasions and spoke with Ken Lassman, grandson of the Well's donors. He is in support the bike trails.
Johnson opened the item for public comment.
Greg Burger, 1847 E 800 Road, stated he is in favor of the trails.
It was the consensus of the Board if the issues can be worked out they are in favor of the project. Item was tabled for further information and a written proposal.
PUBLIC WORKS 05-14-08
The Board considered approval of a change order for the Lecompton Bridge Painting project. Keith Browning, Director of Public Works, stated the change order involved the painting contractor removing the outside portion of steel clips along the top outside flange of the outside girders prior to priming and painting. This will result in better corrosion protection and a better project. The clips supported stay-in-place, metal deck forms to support the deck concrete until it cured. In an effort to ensure a timely completion of the project, the clips were authorized. The change order includes removing approximately 26,000 clips by grinding. The contractor, Vimas Painting, has provided the cost estimate of $27,800, which is approximately 3.3% of the $836,000 contract.
Johnson asked for public comment. No comment was received.
Jones moved to approve the change order in the amount of $27,800 and authorized the Public Works Director to approve any addition to the change order up to 5%. Motion was seconded by McElhaney and carried unanimously.
PUBLIC WORKS 05-14-08
The Board conducted a Public Hearing for the proposed vacation of E700 Road from 1800N to 1900N. Michael Kelly, County Surveyor, was present for the hearing. The owner of Rockwall Farms, L.C., that abuts both sides of a one-mile segment of E700 Road, submitted a petition on January 28, 2008 to the Board requesting a vacation of this road. Notice of a public hearing has been published in the newspaper and sent via first class mail to abutting landowners.
Jones moved to open the public hearing. Motion was seconded McElhaney and carried unanimously.
Kelly stated he received a call from Jim Hughes on behalf of his mother, Fern Hughes, who stated she is favor of the road vacation.
Terry Leibold, Barber Emerson, L.C., representing Rockwall Farms, L.C., stated concerns that people are using this road to access the property, which is to be used as a retreat. He is asking for the vacation.
Patricia Smith, adjacent resident, stated she plans to build on her property and the vacation would deny her access to her property. She is opposed to the vacation.
Johnson asked Kelly to point out the property location. Kelly stated Smith's west property line is the road. She owns a half mile of the road north of the proposed vacation. Smith stated vacating the road would cause her property to be land locked. She presently takes access to her property off 747 Road and 1851 Diagonal Road.
Item was tabled for the County Surveyor to discuss the vacation with the property owners involved and bring back to the Board with clear facts.
PUBLIC WORKS 05-14-08
The item to consider approval of a resolution for the vacation of E700 Road from 1800N to 1900N was tabled for further discussion.
PUBLIC WORKS 05-14-08
Public Hearing for considering the declaration of minimum maintenance for E700 Road from 1900N to 2000N. Item tabled for further discussion.
PUBLIC WORKS 05-14-08
The item to consider approval of a resolution for the declaration of minimum maintenance for E700 Road from 1900N to 2000N was tabled for further discussion.
ANNEXATION 05-14-08
The Board considered the approval of A-02-02-08 an annexation of approximately 154.9 acres, located at the northwest corner of N 1800 Road and E 900 Road. The application was submitted by Steven Schwada, agent for Stonewall Farms LLC; JDS Kansas LC; Pert LC; Penny J Tuckel; Axrom LLC; Venture Realty Corporation; Arco Sales Corporation; Venture Properties Inc; Industrial Square Corp; JDSS Limited Company; Radol LC; Tuckel Russell L JR; Northland Ventures LC; and Oread LC, property owners of record. The item was approved by the Planning Commission with a 6-2 vote on March 26, 2008. Sandra Day, Lawrence & Douglas County Metropolitan Planning Staff, presented the item.
Jane Eldredge and Matt Goff, representing the applicant, presented the Board with photos of the site. The I70 access and interchange is the dominant feature of the site. Eldredge stated she d s not believe the annexation will hinder or prevent the proper growth or development of the area or any incorporated city within Douglas County. A request was submitted to the County for industrial zoning four years ago which was denied by the County Commission on a 2-1 positive vote (a unanimous vote had been required for approval due to a valid protest petition).
In 2007, the property owners made a request to the County Commission for I-2 (light industrial) zoning. On December 17, 2007 the Planning Commission recommended I-2 zoning on a 7-2 vote based on extensive findings of fact, including the fact it was consistent with the Comprehensive Plan. At that meeting, Staff pointed out that if the property were in the City, it would fall under the Land Development Code offering more stringent industrial regulations with more protection to the adjoining landowners.
The City Manager subsequently suggested that the landowners pursue annexation for this parcel and the landowners agreed. Therefore, on March 26, 2008 the Planning Commission recommended annexation to the City Commission on a
6-2 vote.
On April 15, 2008, the City Commission adopted the resolution asking the County Commission to determine whether the annexation would hinder or prevent the proper growth or development of the area or any incorporated city.
Eldredge stated the site has been deemed appropriate for industrial use by receiving the second highest score from the ECO2 Committee, by being shown as an industrial use in the Planning Commission recommendations for the T2030 Plan, by being specifically included in the Planning Commission recommended changes to Chapter Seven of Horizon 2020, and by being shown as industrial by the Planning Staff in the Farmer's Turnpike Sector Plan. This site has the potential to create jobs and enhance the tax base. The item went before the Lecompton City Council on May 5, 2008. No action was taken. Rich Barr and Mark Bradford, Lawrence-Douglas County Fire and Medical, have confirmed that the two involved fire stations can respond to the site within eight minutes.
Jones asked if there will be sufficient water for fire protection. Eldredge responded there will be a holding tank on site.
Jones moved to open the item for public comment; motion was seconded by McElhaney and carried unanimously.
Michael H flich, resident, stated he is not directly affected by the proposal, but suggested that the Board d s not have sufficient support information to make a finding that the annexation will not hinder or prevent the proper growth or development of the area or an incorporated city. He advised the Board a lawsuit is possible if the Board made the finding necessary for the City Commission to consider the proposed annexation.
JoAnn Farb, resident, stated she is opposed to the annexation because of the affect it may have on the surrounding property owners and the water service.
David Faurot, resident, stated he is opposed to the annexation and how it may hinder the development of the Farmland site.
David Reynolds, resident, stated Douglas County is in desperate need of industrial space and revenue generated from that development. He asked the Board to keep long-term goals in mind to provide space for industrial development for the community.
Chuck Warner, Interim CEO for the Chamber of Commerce, stated this month is the 50th anniversary of the Hallmark plant. Someone had the vision to push it through. He stated Douglas County needs industrial development, particularly at I70. He read a statement from Mike McGrew, chairman of McGrew Real Estate, stating his support of the annexation.
Jim Haines, 984 N 1800 Road, stated he is opposed to the annexation and is concerned about a decrease in surrounding property value.
Joan Golden, resident and Lawrence Banker, encouraged the Board to approve the annexation. She stated the annexation will help recruit new business to the area and increase the tax base. She stated 20 years ago the East Hills Business Park was an island annexation.
David Ross, President of Scenic Riverway Community Association, stated he is opposed to the annexation. His concern is the industrial development will bring in low paying jobs.
Ron Schneider, Attorney representing Scenic Riverway Community Association, stated island annexations are rare. He feels Ms. Eldredge missed the main point of whether the annexation will hinder or prevent the proper growth or development of the area or an incorporated city. He asked that because there is not presently adequate water or sewage, that the Board hold off on making a decision tonight.
Ryan Wedel, Banker in Lawrence, stated industrial space is at an all time premium in terms of available space. He is in favor of the annexation for a long-term investment to the community.
Stan Unruh, resident, stated he is concerned about his property value if the annexation is approved and he is also concerned that the proposal will produce industrial sprawl.
Will Shockley, Assistant Fire Chief of Fire District No. 1, stated he is present on behalf of the Fire Department and as a landowner. He stated water infrastructure on the property will not sustain any type of fire suppression and he emailed a letter to the County Commission regarding this information.
Debra Faurot, resident, stated she d s not have confidence that the Fire Department can respond to the site within an 8-minute period.
Beth Johnson, Chamber of Commerce, stated the Chamber received 62 recruitment prospects last year, but 50% of those recruits turned Douglas County down due to lack of locations, buildings, rail and access to I70. Douglas County lacks Industrial locations with 50+ acres. She reminded the Board that when the East Hills Business Park was annexed it was not contiguous to the City. The industrial park makes a beautiful entrance to our community and pays over 2 million per year in taxes.
Darrell Ward, resident, stated his is opposed to the annexation. He is concerned about his property value and the effect of a lagoon.
Greg Burger, 1847 E 800 Road, stated his is opposed to the annexation. He is also concerned with the possibility of a decrease in his property value.
Marguerite Ermeling, resident, stated she opposed to the annexation at this time because she feels the development of the site is premature. There is no documentation at this time that the annexation will be cost effective.
J Farb, resident, stated he is concerned about the creek on his property and how toxic runoff will affect the water quality. He is also concerned about a decrease in property value and his style of living.
Eldredge stated she d s not believe the neighbors will be harmed by the annexation. She feels it is important for the Board to specifically consider the finding that the
statute requires the County Commission to determine: whether the proposed annexation will hinder or prevent the proper growth and development of either the area (which is confined to the definition of the property in question and the adjacent property, approximately 11 houses) and the development of any other incorporated city.
Eldredge also stated that the statute d s not require action by any other city in the county.
She also stated the information heard about water is speculation. Consideration of the water and sewer infrastructure issues will take place after the property is annexed and zoned.
Eldredge stated the annexation is sought by the owner: 1) to bring the property under the jurisdiction of the City and thereby regulate the development more stringently to protect the neighbors; 2) to provide for much needed industrial space for the long-term growth of the County; and 3) to provide more jobs and more tax revenue.
Jones moved to close the public comment; motion was seconded by Johnson and carried unanimously.
McElhaney commented the role of the Board tonight is to follow the K.S.A, 12-520c statute of which he cannot find this area will be hindered in any way. He stated it is the Board's responsibility to see that good planned future growth is available to this community and they have done that. Many in the community have gone to great lengths to determine how to make our community better. He is prepared to make the finding necessary for the annexation request to proceed
Johnson stated that he had the County Counselor explain the statute and to remind the Board of what they are supposed to do. The statute stated that if an individual d s not like the decision by the Board, they have the option to ask the District Court to overrule the finding. The statute d s not require notice to adjacent landowners or other cities within the County, and d s not require a public hearing. Lack of a definite proposed use of the site d s not preclude the County Commission from making a determination. It is true that people that live in the rural area have only the County Commission to protect their interests. He stated he believes it is in the best interest of the County to use the land for industrial purposes, and doing so will not hinder or prevent the proper growth or development of the area or any incorporated city in the County. He therefore is also prepared to make the requested finding that would enable the City Commission to consider the proposed annexation.
Jones stated his district is in the City of Lawrence. He believes the Board d s not have enough information to make a sound decision. He stated we do not have a sector plan, or a full build-out cost. He finds it astonishing the City Commission has advanced this idea when they cannot pay for the infrastructure they already have.
Jones stated, "I cannot for the life of me see how anyone would be willing to support that sales tax unless or until we begin to draw strong connections between sound land use management and fiscal responsibility." He stated he has supported the Hills Pet Food proposal, the Deciphera proposal, the Bioscience initiatives, redevelopment of the Farmland site, the creation of a TIF district for the Oread Hotel, and the Harris project in East Lawrence. At present, we have economic development requests involving the airport, 87 acres, and incubator facility. This annexation will add infrastructure costs. Jones stated we do not have enough money to do everything at once. He will not support another nickel increase unless we look at all of the demands and resources and make a rational informed decision about what we will pursue. He stated he is not in support of the finding.
Johnson moved to direct staff to prepare a resolution finding that the annexation of the property will not hinder or prevent the proper growth and development of either: a) the area; or b) any other incorporated city located within Douglas County, Kansas, based on the testimony and documents received. The motion was seconded by McElhaney and carried 2-1 with Jones in opposition.
MISCELLANEOUS 05-14-08
Eileen Smith, resident, invited the Board to attend a solar energy fair on Saturday, May 17, 2008 at the Public Library.
ACCOUNTS PAYABLE 05-14-08
Jones moved approval of accounts payable in the amount of $745,260.17 paid on 05/08/09. FICA in the amount of $54,931.26 paid on 05/09/08; and KPERS in the amount of $64,126.71 paid on 05/09/08. Motion was seconded by McElhaney and carried unanimously.
Jones moved to adjourn the meeting; Johnson seconded and the motion carried.
___________________________ ____________________________
Bob Johnson, Chairman Jere McElhaney, Vice Chair
ATTEST:
_____________________________ ____________________________
Jamie Shew, County Clerk Charles Jones, Member
Time and Date