Meeting Information
4:00 p.m. - County Commission Meeting
-Convene
-Consider approval of the minutes of August 26 and September 9, 2009.
CONSENT AGENDA
(1)(a) Consider approval of Commission Orders; and
(b) Consider approval of design engineering services agreement for Bridge No. 08.00N-21.22E (Keith Browning)
REGULAR AGENDA
(2) Douglas County Community Corrections Year End Quarterly Report for FY2009 (Ron Stegall)
(3) Consider accessing a cooperative contract for copier equipment (Jackie Waggoner)
(4) Consider approving an application for Recovery Zone Economic Development Bonds and Recovery Zone Facility Bonds, and direct staff as appropriate to draft a resolution that provides the goals and procedures for granting these bonds. (Roger Zalneraitis)
(5) Executive Session for the purpose of consultation with County Counselor on matters, which would be deemed, privileged under the attorney-client relationship. The justification is to maintain attorney client privilege on a matter involving Douglas County.
RECESS
6:35 p.m. - County Commission Meeting
(6) Consider approval of Z-11-19-08, a request to rezone 58.99 acres located northeast of the intersection of N 1800 Road & E 700 Road, S of Lecompton from A (Agricultural) to B-2 (General Business District). Submitted by Paul Werner Architects, for Rockwall Farms L.C., property owner of record. (PC Item 5; approved 8-0 on 5/18/09) (Tabled by County Commission on 6/24/09) Mary Miller is the Planner.
(7) Consider approval of funding for local Food Policy Council (Emily Jackson)-back-up proved later
(8) Other Business
(a) Consider approval of Accounts Payable (if necessary)
(b) Appointments
(c) Miscellaneous
(d) Public Comment
(9) Adjourn
.
Thellman called the regular session meeting to order at 4:05 p.m. on Wednesday, September 23, 2009 with all members present.
COMMUNITY CORRECTIONS 09-23-09
Thellman moved approval of the Douglas County Community Corrections Year End Quarterly Report for FY2009 as presented by Ron Stegall, Director of Community Corrections. Motion was seconded by Flory and carried unanimously.
PURCHASING 09-23-09
Jackie Waggoner, Purchasing Director, presented the Board with bids for the acquisition of multi-function copies. Waggoner solicited a Request of Information (RFI) for our multi-function copiers by accessing cooperative contracts. It is recommended that we consider leasing the equipment for 60 months rather than purchasing. Unisource ($399,915) and Logan Business ($410,210) were the lower bidders for a 60 month lease; however, they did not meet the minimum specifications. Waggoner recommends we reject these two responses and consider the next lowest proposal submitted by Ricoh Business who met our minimum requirements with a 60 month lease at $473,865. Other bids were Toshiba Business Products ($486,275), Century United through the Kansas State Cooperative Contract ($516,913), and Century United through a U.S. Communities Cooperative Contract ($557,335) Waggoner asked the Board to authorize staff to finalize a contract with Ricoh Business, which would be brought back to the Board for approval.
Flory moved to authorize staff to finalize a contract with Ricoh Business Solutions for the acquisition of multi-function copiers. Motion was seconded by Thellman and carried unanimously.
BOND/CITY OF LAWRENCE 09-23-09
Roger Zalneraitis, Economic Development Coordinator/Planner, asked the Board to consider approving an application for Recovery Zone Economic Development Bonds and Recovery Zone Facility Bonds, and to direct staff to draft a resolution that provides the goals and procedures for granting these bonds.
On August 26, 2009, the Board approved Resolution 09-28 allocating $2,000,000 of Recovery Zone Economic Development Bonds to the City of Lawrence, Kansas pursuant to the American Recovery and Reinvestment Tax Act of 2009 for the purpose of facilitating construction of City of Lawrence water and sewer lines to the municipal airport. Commissioner Gaughan; Craig Weinaug, County Administrator; Beth Johnson Chamber of Commerce; and Zalneraitis meet on August 31 to discuss developing criteria for the allocation of Recovery Zone Bonds to applicants. The County is interested in making sure that the criteria favored projects that would advance job creation and economic growth locally.
There are two types of Recovery Zone Bonds, 1) Economic Development Bonds which are taxable bonds, and 2) Facility Bonds which are tax-exempt and are used by private firms. Any bonds not drawn upon by December 31, 2010 will expire and remain unused. After review, Staff recommends three steps for the County. 1) to pass a resolution that outline the types of projects that the County wishes to see these bonds applied towards, 2) have the applicants fill out an application form, and 3) the resolution should outline the application process which would likely include the following steps:
1) An applicant would fill out an application and submit it to the County for review;
2) A notice of public hearing would be placed in the local paper seven days prior to the public hearing.
3) The County would then conduct the public hearing.
4) If the County votes to allocate bonds to the project, the allocation would be dependent on a Notice, or Letter, of Intent signed by the County and applicant.
5) If bonds are issued within a city or within 3 miles of the city boundary, the city must approve the bond within 7-13 days of issuance. The city may approve the bond issuance either through a resolution of support or by simply not voting on the issuance. A city can issue a vote of non-support and thus veto a bond issuance within its boundaries.
The Board reviewed the Recovery Zone Bonds Application Sheet and agreed to consider approval at the same time the resolution is considered on the agenda.
It was the consensus of the Board to direct staff to draft a resolution and to place the consideration of approval for the application on the same agenda.
EXECUTIVE SESSION 09-23-09
At 4:45 p.m., Thellman moved for the Board to recess into executive session for 30 minutes returning at 5:15 p.m. for the purpose of consulting with the County Counselor on matters, which would be deemed, privileged under the attorney-client relationship. The justification is to maintain attorney client privilege on a matter involving Douglas County. Motion was seconded by Flory and carried unanimously. Attendees included: Evan Ice and John Bullock, County Counselors; Craig Weinaug, County Administrator; and Pam Madl, Assistant County Administrator.
At 5:15 p.m. the executive session was extended to 30 minutes; and at 5:45 p.m. the session was again extended for 30 minutes. The Board returned to regular session at 6:00 p.m. and no action was taken. The Board recessed the meeting until 6:35 p.m.
PLANNING 09-23-09
Consider approval of Z-11-19-08, a request to rezone 58.99 acres located northeast of the intersection of N 1800 Road & E 700 Road, south of Lecompton from A (Agricultural) to B-2 (General Business District). The application was submitted by Paul Werner Architects, for Rockwall Farms L.C., property owner of record. This item was tabled from the June 23, 2009 meeting. Mary Miller, Lawrence-Douglas County Metropolitan Planning Staff, presented the item.
This rezoning request was considered by the Board on June 24, 2009. The Commissioners expressed concern about the uses, other then those proposed for this project, which would be permitted as a result of the rezoning to the B-2 District and voted to table the rezoning request until the text amendment permitting conditional zoning was approved. The Commission also initiated a text amendment to create a new zoning district which would address rural Conference, Retreat, Recreational, Tourism and Heritage type uses. Text Amendment TA-6-9-09 under Resolution 09-32 was adopted on September 9, 2009, and published on September 22, making it possible to place conditions on this rezoning to limit the permitted uses or provide additional requirements to limit the permitted uses.
The Board discussed striking 3.f. under the recommended conditions of approval, which would permit as a conditional use retail fireworks stands. There was also a question raised as to whether the resort cabins are considered "hotels, motels, or motor hotels" under the conditions. Thellman asked for reassurance when talking about cabins that the applicant is referring to a retreat center in a rural setting. Matthew Gough, from Barber Emerson Law Firm representing the applicant, stated there will be separate cabins and feels the need for using plural terms as 'hotels' should be left to avoid a debate.
Thellman asked for clarification that hunting and shooting are no longer being considered by the applicant. Gough stated commercial hunting and shooting would require a CUP which is not being considered today. It is not something they are pursuing. Thellman asked about horseback riding. Gough replied again if there are uses that require a separate CUP, they would have to seek those later. For those types of uses, they would have to come back before the Commission.
Thellman opened the item for public comment.
Hank Booth, Lawrence Chamber of Commerce, commented he is pleased the text amendment process was accomplished within a 90-day period.
Flory stated he is convinced that with no neighbors in attendance with objections, the Board has met the County's needs and the applicant's needs. He is pleased with how staff has moved this item through and he feels comfortable with the project.
Thellman stated she wanted to reiterate that the Board did add language to the conditional zoning amendment to make it clear that the intention of the Commission is to use the conditional zoning sparingly and in unique circumstances and that we are looking forward to the new district tool coming forward. Thellman asked staff if there has been any initiation of the new district. Linda Finger, Planning Coordinator, stated the item has been moved toward the top of Planning Staff's list of projects.
Gaughan moved to approve rezoning request Z-11-19-08 with the following recommended conditions of approval provided by Staff with a revision to strike use 3.f. "A retail fireworks stand..." from the list of restricted uses:
1. The rezoning resolution shall be published after the recordation of a final plat.
2. The following required features shall be included on any site plan submitted for this property:
a. The buffer area shown on the concept plan.
b. Use restrictions and maintenance responsibility for the buffer area shall be listed.
3. The uses in the B-2 District shall be restricted to the following:
a. Any use permitted in the "R-1" Single-Family Residential District.
b. Hospital or clinic for large or small animals, such as cattle, horses, dogs, cats, birds and the like, provided that such hospital or clinic and any treatment rooms, cages, pens or kennels be maintained within a completely enclosed building with soundproof walls and that such hospital or clinic be operated in such a way as to produce no objectionable odors outside its walls and located on a sewer.
c. Outdoor advertising structure, or non-flashing sign pertaining only to a use conducted within the building, and any sign or display in excess of 30 square feet in area shall be attached flat against a wall of the building, and in no case shall any sign or display attached to a building project above the roofline. The permitted 30 square feet of sign area for projecting or freestanding signs may be in one sign or the aggregate area of several signs.
d. Personal service uses including barber shops, beauty parlors, photographic or artists' studios, restaurants, (bud not drive-in restaurants), taverns, and other personal service uses of a similar character.
e. Retail stores, including florist shops and greenhouses in connection with such shops, but there shall be no slaughtering of animals or poultry on the premises of any retail store.
f. A retail fireworks stand only as authorized by permit issued and operated pursuant to applicable resolutions of the Board of County Commissioners.
g. Amusement place, skating rink, swimming pool or dance hall in a completely enclosed building, auditorium or theater, except open-air drive-in theaters.
h. Bowling alleys and billiard parlors.
i. Hotels, motels, or motor hotels.
j. Outdoor advertising structure or sign and any sign or display in excess of 100 square feet in area shall be attached flat against a wall or building. See Section 6-2(17) for height and location of sign requirements.
k. Accessory buildings and uses.
Motion was seconded by Thellman and carried unanimously.
FOOD COUNCIL 09-23-09
The Board discussed funding for the Local Food Policy Council that was approved at the September 9, 2009. At that meeting, the Board deferred the discussion of the budget request until all Commissioners could be present. Commissioner Thellman presented a new budget request which would allow the opportunity for council members to attend the national conference on Food Policy Councils on October 10, 2009. Her request consisted of allowing up to $2,500 for conference costs for registration, travel and lodging. After discussion, the Craig Weinaug, County Administrator, suggested that Board consider approve up to $5,000 for the Food Council to be spent at the discretion of the County Administrator to cover the conference and other incidentals.
Flory moved to allow a budget up to $5,000 for the Food Council to be spent at the discretion of the County Administrator. Motion was seconded by Thellman and carried unanimously.
ACCOUNTS PAYABLE 09-23-09
Thellman moved to approve accounts payable in the amount of $594,595.92 paid on 09/21/09 and payroll in the amounts of $145.00 paid on 08/31/09, $748,153.22 paid on 08/31/09 and $736,033.59 paid on 09/11/09; KPERS in the amounts of $61,856.57 paid on 08/28/09 and $61,489.52 paid on 09/11/09; and FICA in the amounts of $55,157.31 paid on 08/28/09 and $51,172.40 paid on 09/11/09. Motion was seconded by Gaughan and carried unanimously.
APPOINTMENT 09-23-09
Flory moved to reappoint Kurt von Achen to the Sunflower Community Redevelopment Authority as an ex officio (non-voting advisory) member subject to his acceptance. Motion was seconded by Thellman and carried unanimously.
[Kurt von Achen accepted the reappointment.]
APPOINTMENT 09-23-09
Gaughan moved to appoint Matthew D. All to the Partner's for Lawrence Athletics and Youth Committee (PLAY). Motion was seconded by Thellman and carried unanimously.
Thellman moved to adjourn the meeting; Gaughan seconded and the motion carried unanimously.
____________________________ ____________________________
Nancy Thellman, Chair Jim Flory, Vice-Chair
ATTEST:
_____________________________ _____________________________
Jamie Shew, County Clerk Mike Gaughan, Member
Time and Date