Meeting Information
See 4:00 p.m. agenda. Commission will convene for administrative items and recess until 6:35 p.m. for public items.
Thellman called the regular session meeting to order at 4:02 p.m. on Wednesday,
November 18, 2009 with all members present.
MINUTES 11-18-09
Thellman moved approval of the minutes of October 28 and November 4, 2009 (both as amended). Motion was seconded by Gaughan and carried unanimously.
RESOLUTION/CENSUS 11-18-09
Ken Grotewiel, Representative for the Complete Census County Committee, asked the Board to consider the approval of a resolution establishing the Lawrence/Douglas County Joint 2010 Census Complete Count Committee, members as follows: Ken Grotewiel, Co-Chair; Sue Hack, Co-Chair; Baker University; Centro Hispano Resource Center; City of Lawrence; Douglas County; Douglas County Senior Services Inc.; Douglas County United Way; Haskell Indian Nations University; Lawrence Association of Neighborhoods; Lawrence Chamber of Commerce; Lawrence Journal-World; Lawrence Unified School District #497; University of Kansas; Megan Gilliland, City Staff Liaison; Emily Jackson, County Staff Liaison; and Leobardo Prieto, Partnership Specialist, US Census Bureau.
Flory moved to approve Resolution 09-40 establishing the Lawrence/Douglas County Joint 2010 Census Complete County. Motion was seconded by Thellman and carried unanimously.
AUDIT SERVICE/CLERK'S OFFICE & TREASURER 11-18-09
Jamie Shew, County Clerk, gave a report to the Board on the findings from the Financial Audit Services Committee. Our current contract for financial audit services is expiring and the committee solicited proposals from four companies and conducted interviews with Cochran Head Vick, RubinBrown and Lowenthal Webb & Odermann. The committee believes it is good financial practice to contract with new auditors after a period of time to gain new perspectives on our internal processes. The committee has concluded that the services and capabilities available from RubinBrown will be very beneficial in providing auditing services, overseeing internal controls and be instrumental in the development of a new financial system in the future. The summary of the Year 1 estimated audit costs are as following: BT & Co.-$85,000; Cochran Head Vick & Co. - $65,000; RubinBrown - $74,280; and Lowenthal, Webb & Odermann - $49,805. The Committee recommends negotiating a contact with RubinBrown.
Thellman opened the item for public comment.
No comments were received.
Thellman moved to direct staff to negotiate a contract with RubinBrown. Costs for later years will be negotiated after the first year audit is completed. Motion was seconded by Gaughan and carried unanimously.
BONDS/COTTONWOOD 11-18-09
Sharon Spratt, CEO of Cottonwood, Inc., asked the Board to consider approving the release of Industrial Revenue Refunding and Improvement Bonds issued to Cottonwood in 1999 for building improvements as the bonds have been paid in full in the amount of $2,725,000.
Flory moved to approve Resolution No. 09-42 approving the sale of a project financed on behalf of Cottonwood, Inc. with the proceeds of certain industrial revenue refunding and improvement bonds of the County; approving the call and early redemption of such bonds; authorizing the execution and delivery of certain documents necessary to give effect to such redemption and sale. Motion was seconded by Gaughan and carried unanimously.
PUBLIC WORKS 11-18-09
The Board considered authorization to apply to KDOT for High Risk Rural Road federal finding for two curve construction projects. Keith Browning, Director of Public Works, introduced the item stating that KDOT still has our previous submittals on file and is accepting another cycle of High Risk Rural Road project requests. Browning stated we are asked to update our applications and reapply for two curve reconstruction projects located at (1) Route 6 at N 1150 Road, and (2) Route 1055 at approximately 875 E 1600 Road. Both projects are currently listed in the CIP with HRRR federal funding to cover 90% of the construction costs, plus 100% of the costs of engineering design, right-of-way acquisition, and utility relocation. KDOT requires signature from the Board on a Request for Construction Project Form.
Thellman moved approval for the Public Works Department to apply to KDOT for High Risk Rural Road federal funding for the following two curve reconstruction projects: (1) Route 6 at N 1150 Road, and (2) Route 1055 at 875 E 1600 Road; and for Thellman to sign on behalf of the Board. Motion was seconded by Flory and carried unanimously.
MISCELLANEOUS 11-18-09
The Board discussed the approval of a letter to KDOT regarding the extension of E 1326 Road in conjunction with US-59 freeway construction for the Shirley Flory property stating Douglas County respectfully requests to terminate the original agreement with KDOT. Douglas County assures KDOT that at such time the Shirley Flory property is developed, we will require the developer to extend E 1326 Road to Route 458. Douglas County is less inclined to force through the road's extension at this time, given the reduced chance of flooding of the E 1326 Road/N 1100 Road intersection. It was the consensus of the Board for Browning to forward the letter to the County Administrator's office for Thellman's signature.
EXECUTIVE SESSION 11-18-09
At 4:50 p.m., Thellman moved for the Board to recess to Executive Session for 20 minutes, until 5:15 p.m. on an item for the purpose of consultation 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 Gaughan and carried unanimously. Attendees included: Evan Ice and John Bullock, Stevens & Brand; and Craig Weinaug, County Administrator.
The Board returned to regular session at 5:15 p.m. No action was taken.
Gaughan moved for the Board to recess until 6:35 P.M. Motion was seconded by Thellman and carried unanimously.
CONSENT AGENDA 11-18-09
Thellman moved approval of the following Consent Agenda:
► Commission Order No. 09-038 (on file in the office of the Clerk);
► Occupational License Application for Little Reno, Inc. DBA Paradise Saloon, 1697 Highway 40;
► Joint Ordinance No. 8464 of the City Lawrence, Kansas, and Resolution No. 09-41 of the Board of County Commissioners of Douglas County, Kansas, amending the Comprehensive Land Use Plan "Horizon 2020: by repealing Chapter 13 and reserving the same for future use and adopting Chapter 17 - implementation; and
► Notice to Township Board for Cereal Malt Beverage License for The Clinton Store, 598 N 1190 Road.
Motion was seconded by Flory and carried unanimously.
PLANNING 11-18-09
The Board considered approval of Comprehensive Plan Amendment, CPA-6-3-09, to Chapter 3 to remove the "Table of Land Use Categories & Locational Criteria." The amendment was initiated by the Planning Commission on June 24, 2009 as part of the annual review of the Comprehensive Plan. The amendment was adopted on first reading, Ordinance No. 8463, for Comprehensive Plan Amendment by the Planning Commission on September 21, 2009. Dan Warner, Lawrence-Douglas County city Planning Department, presented the item.
Warner explained the information in the original table has been written into the Comprehensive Plan, but the table was not removed, making the information redundant. The amendment asks for the table to be removed.
Thellman opened the item for public comment. No comment was received.
Flory moved to approve Resolution 09-43, a joint ordinance of the City of Lawrence, Kansas, and resolution of the Board of County Commissioners of Douglas County, Kansas amending the Comprehensive Land Use Plan "Horizon 2020" by repealing the "Table of Land Use Categories & Locational Criteria" in Chapter 3 - General Plan Overview. Motion was seconded by Thellman and carried unanimously.
EMERGENCY MANAGEMENT 11-81-09
Jillian Blair, Assistant Director of Emergency Management, recognized emergency management volunteers with a certificate of appreciation for their dedication to Douglas County safety.
PLANNING 11-18-09
The Board considered the approval of CUP-8-9-09; a Conditional Use Permit for a new booster station for Rural Water Districts 2 and 5, located at 1292 N 1100 Road. The application was submitted by Bartlett and West, for Rural Water District No. 5, property owner of record. Linda Finger, Planning Resource Coordinator, presented the item.
The booster station is being constructed as part of an ARRA funding stimulus project. To stay within the funding schedule, the station project needs to be bid in October, with a construction contract issued in November 2009. The booster pump station provides for RWD#2 improvements on RWD#5 land and the infrastructure installed will also improve RWD#5 ability to serve customers in the immediate area.
Staff recommends approval of the Conditional Use Permit for a new booster station for Rural Water District #5, located at 1292 N 1100 Road, based upon the following findings of fact in the staff report:
Zoning and uses of property nearby. The subject property is located on the southern side of Lawrence's Urban Growth Area. The property was developed to meet infrastructure needs of Rural Water District (RWD) #5 before development of the residential subdivision to the north. There are six residences within 1000' of the request on the west side of U.S. Highway 59. The subject property and properties to the east and south are zoned A (Agricultural). Oakwood Estates, to the north and west, is zoned A-1 (Suburban Home Residential).
Character of the area. The character of the area is sprawling urban/rural uses. Predominate land use in the area is rural residential.
Suitability of subject property for the uses to which it has been restricted. A Conditional Use Permit (CUP) d s not change the base, underlying zoning designation. The proposed use is an enhancement of previous RWD use of the property and is a necessary infrastructure used to serve rural residential uses in the Urban Growth Area.
Length of time subject property has remained vacant as zoned. County Zoning Regulations were adopted in 1966; this property has been zoned "A (Agricultural)" since that adoption. The property is used for RWD needs today and that type of use is not proposed to change.
Extent to which removal of restrictions will detrimentally affect nearby property. Several residents in Oakwood Estates have requested additional information about this project. Aesthetic and screening concerns have been raised. These can be addressed through conditions placed on the site plan, which is part of the Conditional Use Permit approval process. The use is a compatible use in the Urban Growth Area of the City.
Conformance with the comprehensive plan of Douglas County. The issuance of special or conditional use permits is not discussed in Horizon 2020, however, the provision of community facilities and service is addressed in Chapter 10. All new property divisions within the Urban Growth Area of Lawrence are required to be serviced by a rural water meter. This request is consistent with the implementation of goals and policies in the Comprehensive Plan cited above and with the County's Zoning & Subdivision Regulations.
AND the following conditions, as recommended by the Planning Commission:
(1) Revising the site plan to provide: aesthetic building and driveway design consistent with the adjacent residential subdivision; dimensions and type of materials for parking area, drive, entrance cut (width), sidewalk, and landscape screening; note regarding removal of existing road cut; and, pre-fabricated building entry points and dimensions. Show evergreen trees, tall deciduous shrubs and/or a mix to create a visual screen on the north, east and west sides of the site to minimize the visual impact of the structure on the adjoining residential subdivision;
(2) Dedication, by separate instrument, of an additional 10' of road right-of-way for N 1100 Road;
(3) The existing access point onto N 1100 Road be closed; and,
(4) Approval of the necessary front and rear setback variances by the Board of Zoning Appeals.
Finger stated the Board of Zoning Appeals approved setback variances earlier today contingent upon the Board of County Commissioners approving the CUP.
Alan S lter, Bartlett & West and applicant, showed photos of sample buildings of the proposed booster station. S lter stated the land was purchased prior to the development of the Oakwood Estates Subdivision and is not part of the subdivision. The pump station, therefore d s not have to conform to the subdivision's covenant restrictions. The water district is willing to work with the landowners to make the building aesthetically compatible with the area. However, adding cost to the building will ultimately fall back on the water patrons. The applicant intends to put a stucco type structure with a pitched roof. The dimensions are 13' x 21'. The utility boxes would be placed on the west side of the building and would not be visible by the residents.
Flory asked if the applicant intends to provide landscape screening on the north side of the facility facing the subdivision. S lter stated yes, there is a 5 ft setback on north and east sides of building. It is difficult to get sizable landscaping within this size of side & rear yard setback. If the water district could acquire additional easements to move plantings on the property line or a little further from the facility it would make for better landscape screening. The adjacent property owner is Mr. Grover who is not present. Flory stated if the Board d s approve the CUP with the landscape requirement, it would leave the applicant free to work with the neighboring landowner to see if Grover would allow the water district to plant landscaping on his property line or slightly on his property to increase the size of the trees.
Thellman commented that the landscape maintenance would be the responsibility of the water district.
Thellman opened the item for public comment.
Brian Rock, local resident, stated he d sn't have a problem with the pump station, but he has concerns with the proposed building's physical appearance. The structure will be visible from his front door and he feels the stucco look proposed will not go with any of the other structures in the subdivision. He prefers a wood building or to make the structure look like a garage.
Flory asked if Mr. Rock felt strongly enough about the appearance of the infrastructure that he would be willing to contribute payment toward upgrading its appearance. Rock replied, no, the burden is on the person who is proposing the structure.
Allan Van L nen, 1280 N 1108 Road, stated he would like to see the wiring electrical box on the east side of the building face the highway. He asked the Commission to add additional conditions regarding the structure's appearance. His house d s not have a stone facade, but he had to get a waiver from the Architectural Review Committee for his house design. The applicant showed a photo of the structure at the Planning Commission meeting with wood siding. Gaughan asked if Mr. Van L nen would be personally willing to invest in keeping his property value up by paying towards upgrading the pump station's appearance.. Van L nen stated "no."
Thellman asked S lter why the photo of the infrastructure with siding was not shown as a sample this evening. S lter clarified that the wood siding is a $7,000 add on. His clients had eliminated it as an option, upon further discussion and consideration. The stimulus money is not free money or a grant, but a loan that has to be paid back by the patrons. He feels the stucco structure will be compatible to the neighborhood.
Hubbard Collinsworth, Douglas County resident, asked for clarification that the cost for the infrastructure will be shared by members of the two water districts 2 and 5. Gaughan replied that is correct.
Rock added he feels adding an additional $7,000 to a $200,000 infrastructure package is a small amount for consideration.
Larry Wray, 946 E 650 Road, stated if the water district purchased some of Grover's land to the east, it would be part of the Oakwood Estates Subdivision. The restrictions and covenants of Oakwood Estates did not allow for division of lots.
Gaughan asked Finger if the Commission is able to narrow to a specific type of structure or are we left to determine the definition of compatible. Finger responded the Board has broad discretionary authority because they have the final decision on what the meaning of "aesthetically compatible" is in regard to this structure. Gaughan stated he is supportive of making the placement of the trees a condition. Finger clarified that RWD#5 is responsible for the landscaping and will be held responsible for replacement if the shrubs or trees die.
Flory stated he feels the landscaping and screening is far more critical with respect to the subdivision than the structure itself. Once the structure is there, if the landscaping and screening are well done, the building will not be noticeable. He feels the building proposed is sufficient. He suggested a heavy duty landscape screening effort, including the possibility of the Grover's willingness to agree to some of the landscaping being placed on his property.
Finger stated she has had communication with the Grover's who own property adjacent to application being considered and they are concerned that the building would complicate selling their property. They prefer the structure be moved further to the east. Flory replied that the water district d s not own the land to the east.
Flory moved approval of CUP-8-9-09 for a new booster station for Rural Water District #5, for compatible aesthetic building with a pitched roof with a composition material consistent with a subdivision roof, as shown to the Commission on 11/18/09, located at 1292 N 1100 Road, with the following conditions listed above as approved by the Planning Commission AND with the following condition made by the Board of County Commissioners:
(5) The applicant shall add substantial landscape screening so as to minimize the visual impact of the structure by way of evergreens and a tall deciduous mix.
Motion was seconded by Gaughan and carried unanimously.
ACCOUNTS PAYABLE 11-18-09
Thellman moved to approve accounts payable in the amount of $352,358.02 to be paid on 11/19/09. Motion was seconded by Gaughan and carried unanimously.
Thellman moved to adjourn the meeting; Gaughan seconded and the motion carried.
______________________________ ____________________________
Nancy Thellman, Chair Jim Flory, Vice-Chair
ATTEST:
______________________________ _____________________________
Jamie Shew, County Clerk Mike Gaughan, Member
Time and Date