Meeting Information
4:00 p.m.
-Consider approval of the minutes of September 29, October 20 and November 8, 2010.
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders;
(b) Consider approval of a four-party agreement with KDOT, the City of Lawrence, and the Lawrence/Douglas County MPO to undertake a transportation plan for the US-40/K-10 interchange area from E 800 Road to George Williams Way. (Keith Browning);
(c) Consider approval of Agreement for County Treatment of Noxious Weeds on KDOT Right-of-way (Keith Browning);
(d) Consider acquisition of a trailer for Public Works (Jackie Waggoner);
(e) Consider purchase to improve technology in Division IV courtroom (Jackie Waggoner);
(f) Authorize staff to negotiate and finalize agreement for cellular services (Jackie Waggoner)
REGULAR AGENDA
(2) Discussion of 2011 CIP (Pam Madl & Keith Browning)- Backup added
(3) Other Business
(a) Consider approval of Accounts Payable (if necessary)
(b) Appointments
(c) Miscellaneous
(d) Public Comment
RECESS UNTIL 6:35 P.M.
-6:35 p.m. - Reconvene
CONSENT AGENDA
(4) Consider Adoption of Resolution making the statutory finding that the City of Lawrence's annexation of property ( A-9-3-10 ) will not hinder or prevent the proper growth or development of the area or of any other incorporated city in the county.(Evan Ice)- Backup to follow-Backup added to website
REGULAR AGENDA
(5) Consider PP-9-9-10: Consider a Preliminary Plat for Rockwall Farms Addition, a 2 lot subdivision by Paul Werner Architects, for Rockwall Farms L.C., property owner of record. (PC Item 3; approved 7-0 on 11/15/10)(Mary Miller is the Planner)
(6) TA-06-12-08: Consider approving Text Amendments to Section 20-810 of the Subdivision Regulations [County Code Section 11-110] to clarify the natural resources and environmentally sensitive areas that are to be protected or preserved, Section 20-812 [County Code Section 11-112] to revise the required contents of a plat to include environmentally sensitive lands provisions, and Section 20-815 [County Code Section 11-115] to provide definitions of terms related to environmentally sensitive lands. Initiated by County Commission on 6/23/08. (PC Item 2; approved 8-0 on 10/25/10)(Mary Miller is the Planner)
(7) Adjourn
Thellman called the regular session meeting to order at 4:00 p.m. on Wednesday, December 8, 2010 with all members present.
MINUTES 12-08-10
Thellman moved to approve the minutes of September 29, October 20 and November 8, 2010. Motion was seconded by Flory and carried 3-0.
CONSENT AGENDA 12-08-10
Thellman moved approval of the following Consent Agenda:
► Approval of a four-party agreement with KDOT US-40 & K-10 Interchange Area Transportation Plan. Under terms of the agreements, KDOT will contract with a consulting engineering firm to perform the study. KDOT is responsible for 76% of the engineering contract amount, up to $67,000 and each of the other three parties is responsible for 11% of the contract up to $11,000 each;
► Approval of an Agreement with KDOT for the treatment of noxious weeds on state rights-of-way in 2011;
► The BOCC waived the formal bidding process and approves the extended pricing from the State of South Dakota contract for a Trail King Lowboy Trailer through Berry Tractor in the amount of $71,156;
► The BOCC waived the formal bidding process and authorized staff to access the State contract with Mission Electronics Inc. in the amount of $48,751.85 for technology improvements in Division IV courtroom; and
► The BOCC authorized staff to negotiate a contract with AT&T for cellular services and assign authority to the Assistant County Administrator to finalize the agreement. The new plan would allow all devices to be on a nationwide plan with an estimated cost of $5,463 per month, which equates to a monthly savings of $3,101, excluding any text messaging options selected.
Motion was seconded by Gaughan and carried 3-0.
2011 CIP 12-08-10
Keith Browning, Director of Public Works, and Pam Madl, Assistant County Administrator, led a discussion on changes to the CIP for 2011. Terese Gorman, County Engineer, was also present for questions. Browning presented a map outlining county road improvements for the next five years. Browning recommended removing the following two projects from the CIP: 1) Route 1061/N1200 to K-10 and 2) Route 1061 Interchange at K-10. There are other projects that are more critical and the two recommended for removal are significant cost projects that are taking up room on the CIP.
John Harrenstein, City Administrator for the City of Eudora, stated he has significant concerns regarding pedestrian safety on the K-10 overpass. He would like to work with the County at a later time with a project to resolve this issue. The City Council of Eudora has identified the following areas they would like to work with the County on: 1) Transportation planning for the K-10 bypass; 2) Improve pedestrian safety on the bridge over K-10; 3) economic development issues targeting main street, the old football field and the area around the east Eudora interchange; and 4) the need for an ambulance in the City of Eudora.
Browning stated the study done regarding transportation issues on the K-10 Bypass predicted minimal effect on downtown Eudora until 2017. The amount for a bypass along the eastern route in Eudora was approximately $11 million, something we would have to plan for.
The Board discussed improving 31st Street from Louisiana to Haskell. The City of Lawrence has not included this road on their list for repairs and the road will need significant repairs. Also, the Board was open to discussion on cost sharing with the City of Eudora for a pedestrian bridge over K-10. If approved, the County portion would be approximately $500,000.
Flory moved to approve the 2011 CIP documents with the removal of the following projects: 1) Route 1061/N1200 to K-10 and 2) Route 1061 Interchange at K-10. Motion was seconded by Gaughan and carried 3-0.
ACCOUNTS PAYABLE 12-08-10
Flory moved to approve a wire transfer in the amount of $1,500,000.00 paid on 12/06/10; accounts payable in the amount of $213,012.75 to be paid on 12/09/10; payroll in the amounts of $778,791.22 paid on 11/17/10, $27,774.30 paid on 11/24/10, $542.50 paid on 12/08/10, and $839,696.43 paid on 12/08/10; KPERS in the amount of $72,287.18 paid on 11/19/10 and $80,651.25 paid on 12/03/10; and FICA in the amounts of $57,124.13 paid on 11/19/10 and $61,625.42 paid on 12/03/10. Motion was seconded by Thellman and carried 3-0.
APPOINTMENT 12-08-10
Thellman moved to appoint Scott Shultz, Baldwin City, to the Lawrence-Douglas County Advocacy Council on Aging filling the unexpired term of Forrest Swall. Motion was seconded by Gaughan and carried.
RECESS 12-08-10
Thellman moved for the Board to recess until 6:35 p.m. Motion was seconded by Gaughan and carried 3-0.
RECONVENE 12-08-10
The Board reconvened at 6:35 p.m.
Item 4: Consider Adoption of Resolution making the statutory finding that the City of Lawrence's annexation of property ( A-9-3-10 ) will not hinder or prevent the proper growth or development of the area or of any other incorporated city in the county, was pulled from the Consent Agenda for discussion. See Below.
ANNEXATION 12-08-10
The Board members presented exparte communications that occurred since the December 1, 2010 meeting.
Thellman stated she spoke with Dave Ross, Scenic Riverway Community Association; Ron Schneider, representing the Community Association; Mayor Mike Amyx and Vice Mayor Aaron Cromwell.
Gaughan stated he received emails from Marguerite Ermeling and John
Haase; Scenic Riverway Community Association; and Charles Jones, prior
County Commissioner.
Flory stated he received emails from Marguerite Ermeling and Dave Ross, Scenic Riverway Community Association; and received a call from Jane Eldredge, but there was no substantive conversation.
Thellman explained her vote will remain negative. She believes the corridors are an excellent site for industrial development and feels it meets the locational criteria nicely. However, when reviewing the growth chapter in the Comprehensive Plan, she sees the words "timely and orderly" in reference to development. And because of that description, she believes annexation of this site seems premature. In the comprehensive plan and sector plan, annexation and infrastructure go hand in hand. In this case, according to Thellman, one is coming without the other. According to the Planning Department's own notes, the infrastructure that is proposed here is an "interim infrastructure plan" and its success depends on whether there is single site development or multiple uses on the site. Thellman stated we don't know if there will be multiple tenants. If there are multiple tenants, than the Planning Department's own notes say this infrastructure plan will not be sufficient. This will be a rural type development until the city decides to supply services and there is no designation on timing or cost for that. She cited concerns regarding the need for a watershed study and referenced the Kaw Valley Drainage District's concerns about downstream flooding. She feels the site can still be marketed and developed successfully with proper industrial zoning through the County. Following the Sector Plan is important. While the Sector Plan d s designate this parcel as future industrial, it d s not mandate that it has to be annexed in order to be developed industrially. Thellman stated as a County we have the obligation to represent the incorporated residents and when we give up parcels to the City, we give up our connection to those who are most impacted by city-driven development. She stated concerns about impact on: township resources, wear and tear on township roads, and the value of rural homes. She stated this island annexation is one more case of making island annexation the rule and not the exception. Approving this finding sets a precedent for piece meal annexation in a very uniquely important corridor. Thellman stated if you look at her voting record, you will see her record has largely been pro growth, pro business, and for projects that have promoted new industrial opportunities. She even supported the infrastructure necessary to allow more aviation related industries within the bounds of the airport. During the budget season she worked hard for and received a lot of grief for getting more money for economic development initiatives. So this vote should not be construed as an "anti-growth" vote. She is just not sure this seemingly premature request for annexation is the best growth that makes the most of an opportunity for a very unique and valuable corridor. Therefore, she cannot support this finding.
Gaughan stated fundamentally he views this decision as a situation where we have a plan in place for future use of this site. The annexation will fit that conclusion. Whether the zoning ends up being IG or IL, he feels the standards are higher in the City to deal with the development. The protections in the City are better for this type of development, but that may not be a comfort for some. Gaughan stated there has been ample reading and deliberation and very careful consideration on his part on what is at stake. He has concerns about going through the process of developing sector plans and then saying they don't have value. Gaughan stated he is supporting the resolution because it fits with the plan we have in place.
Flory stated he looked at the narrow question before us, will this hinder or prevent the proper growth and development of the area. Based upon the documents, industrial is what the proper growth and development is. It clearly fits the planning documentation and he supports that. He stated his record supports the rural people. And he recognizes he must represent the entire community and constituents of Lawrence. He feels this is a proper step forward based on the plan that was developed long before his position as Commissioner. He still thinks it is appropriate with respect to industrial development. In the County historically, annexation has been the favored course because of the infrastructure that will eventually reach the area. He feels that is the best track to take. Flory stated he has no hesitancy in finding this annexation will not hinder or prevent the proper growth and development of the area or any other incorporated city in the county.
Flory moved to approve Resolution 10-29 of the Board of County Commissioners of Douglas County finding that the annexation of the following specified property,
A tract of land located in the Northeast Quarter (NE1/4) of Section Twenty (20), Township Twelve South (T12S), Range Nineteen East (R19E) of the 6th P.M., Douglas County, Kansas, more particularly described as follows: Beginning at the Northeast corner of the Northeast
Quarter (NE1/4); thence South 0°04'49" West a distance of 820.62 feet, said point being on the East line of the Northeast Quarter (NE1/4) and the Northerly right-of-way of the Kansas Turnpike; thence North 89°01'11" West a distance of 1,011.18 feet, said point being on the Northerly right-of-way of the Kansas Turnpike and the beginning of a radial curve to the left having a delta angle of 12°15'51", a radius of 7,789.49 feet and a chord bearing South 84°50'53" West a distance of 1,664.17 feet and an arc length of 1,667.34 feet, said point being on the Northerly right-of-way of the Kansas turnpike and on the West line of the Northeast Quarter (NE1/4); thence North 0°13'10" West a distance of 951.56 feet, said point being the Northwest corner of the Northeast Quarter (NE1/4); thence North 89°58'27" East a distance of 2,673.27 feet to the point of beginning, containing 51.13 acres more or less, less road right-of-way and easements of record granted to Douglas County and the Kansas Turnpike Authority,
will not hinder or prevent the proper growth and development of the area or any other incorporated city within Douglas County, Kansas. Motion was seconded by Gaughan and carried 2-1 with Thellman in opposition.
PLANNING 12-08-10
The Board considered PP-9-9-10, a Preliminary Plat for Rockwall Farms Addition, a two lot subdivision containing approximately 156.15 acres, located near the intersection of N 1800 and E 700 Roads. The application was submitted by Paul Werner Architects, for Rockwall Farms L.C., property owner of record. Mary Miller, Lawrence-Douglas County Metropolitan Planning Staff, presented the item. The plat is preparatory to development of a corporate retreat on Lot 1 and a warehouse facility with limited printing operations on Lot 2. Rezoning to the B-2 District with conditions has been approved for Lot 1. Rezoning of Lot 2 to the I-2 District was recommended for approval by the Lawrence-Douglas County Metropolitan Planning Commission and the Lecompton Planning Commission on October 25, 2010. The Douglas County Commission approved Resolution 10-28 related to and amending a regulated planning and zoning district classification of 97.16 acres within the unincorporated territory of Douglas County from "A" to "I-2" for Lot 2 on November 10, 2010.
Staff recommends approval of the preliminary Plat of the Rockwell Farms Addition for consideration of dedication of easements and rights-of-way subject to the following conditions:
1. Per Section 20-811(e)(3)(ii) of the Subdivision Regulations, evidence shall be
submitted to the Planning Office showing that the applicable Fire Department has approved the proposed water supply system as being adequate to support firefighting needs prior to the recording of the final plat.
2. Per Section 20-811(d)(4), the final plat may not be recorded until the subdivider has presented evidence that the proposed method of sewage disposal has been approved by the Douglas County Health Department.
3. Temporary set-aside agreements for Lots 1 and 2 shall be executed and recorded prior to the recordation of the final plat. The Book and Page Numbers for the agreements shall be noted on the face of the final plat.
4. The County Engineer shall provide written certification that all public improvements have been completed or one of the means for ensuring completion noted in Section 20-811(h)(2) has been provided prior to recording of the final plat.
5. Off-site drainage easements shall be recorded by separate instrument with Book and Page Number noted on the final plat.
6. The rezoning resolution to the I-2 District (Lot 2) must be approved by the Board of County Commissioners prior to the recording of the final plat.
7. The plat shall be revised with the following changes:
a. Note 10 revised to read: "An access easement providing off-site public access to N 1800 Road shall be dedicated by separate instrument and the Book and Page Number noted on the final plat."
b. If an off-site sewage management system is proposed for Lot 2, Note 11should be revised to read: "Easements containing any off-site sewage management system and its connection to the platted lot(s) shall be dedicated by separate instrument. The Book and Page Number of the recorded easement shall be noted on the face of the final plat."
c. N 1800 Road shall be labeled.
d. The distances from the 80 ft wide Access Easement to the south property line of Lot 2 shall be dimensioned on the east and west side of the easement and the overall length of the easement shall be noted.
e. Location map shall be updated to clearly include both lots.
f. If the Board of County Commissioners votes to participate in the financing of the off-site street/infrastructure improvements necessary for this development, the preliminary plat shall include a note to that effect.
Paul Werner, Paul Werner Architects, stated he is looking at a drip irrigation system, but a lagoon is still a possibility for Lot 1. Werner plans to comeback before the Board asking for a variance on Lot 1 and probably Lot 2 if more land is needed for the sewage management system. On storm water, he has asked for the first condition to be changed to not be a drainage easement, but an agreement between Lot 1 and Lot 2 noting that the ponds will always be there. The County engineers agreed as long as the agreement is well written and binding to the three parties. He would like to see the wording on the subdivision regulations changed regarding the requirement that the owner provide a letter of credit for public improvements. To him, it d sn't seem a fair requirement just for platting a lot. He and his clients are working on reaching an agreement on the Set Aside Agreement.
Flory moved to approve the preliminary plat (PP-9-9-10) of Rockwell Farms Addition, subject to the conditions as listed above; and accepted the dedication of easement and rights-of-way. Motion was seconded by Gaughan and carried 3-0.
PLANNING/TEXT AMENDMENT 12-08-10
The Board considered the approval of TA-06-12-08, Text Amendments to Section 20-810 of the Subdivision Regulations [County Code Section 11-110] to clarify the natural resources and environmentally sensitive areas that are to
be protected or preserved, Section 20-812 [County Code Section 11-112] to revise the required contents of a plat to include environmentally sensitive lands provisions, and Section 20-815 [County Code Section 11-115] to provide definitions of terms related to environmentally sensitive lands. The item was initiated by the County Commission on June 23, 2008. The primary focus was to verify what environmental sensitive areas are and to provide an objective way to determine them. The Planning Commission approved the item on October 25, 2010 on an 8-0 vote. Mary Miller, Lawrence-Douglas County Metropolitan Planning Staff, presented the item.
Miller explained that definitions were added to the Subdivision Regulations and a Baseline Potential Environmentally Sensitive Lands map has been created to provide more objective criteria when determining where environmentally sensitive lands exist.
Currently, when someone d s a Certificate of Agreement within the UGA, they must set aside 40% of the property as the Future Development Area. If environmentally sensitive lands are present, these must be protected with a Temporary Set Aside Agreement. The proposed change sets a maximum percentage of environmentally sensitive lands, such as stands of mature trees, to be protected, with 40% of the property being the most you would be required to set aside. The building envelope would not be required to exclude more than 40% of the property. In the rural area, there is no set aside agreement. Areas to be preserved are shown outside the building envelope. The current regulations do not provide any guidance as to how much of a property must be protected if environmentally sensitive lands are present.
Flory asked if there is recourse if someone d sn't comply to the set aside agreement. Miller stated if there is a reason the property owner would need more area, Planning staff will work with the applicant to determine the amount to be protected. The Temporary Set Aside Agreement contains enforcement language and the Subdivision Regulations contain enforcement language for protection of environmentally sensitive lands.
Flory asked once the Certificate of Survey recorded, can it be changed. Miller stated the Certificate of Survey can be amended.
Gaughan clarified that the point is to preserve the character of the land. Miller agreed and added it will also preserve the rural habitat.
Flory asked if there was a distinction between the UGA and non-UGA on required maximum protection. Miller stated "no" we've set the maximum amount that could be required to be protected at the same 40%.
After further discussion, Flory moved to approve TA-06-12-08 clarifying the types of natural resources and environmentally sensitive areas that are to be protected, along with revisions to other sections of the Code to provide consistency to the Board of County Commissioners and the City Commission; and to adopt Resolution 10-30 a Joint Ordinance No. 8317 for the City of Lawrence, Kansas, and Resolution 10-30 of the Board of County Commissioners of Douglas County, Kansas amending the subdivision regulations for Lawrence and the unincorporated areas of Douglas County, Kansas, December 19, 2006 Edition, as previously amended, by adopting and incorporating by reference "subdivision regulations for Lawrence & unincorporated areas of Douglas County, Kansas, December 7, 2010 Edition, "prepared by the Lawrence-Douglas County Metropolitan Planning Office and repealing the existing sections." Motion was seconded by Gaughan and carried 3-0.
Gaughan moved to adjourn the meeting; Thellman seconded and the motion carried 3-0.
_______________________ ____________________________
Jim Flory, Chair Mike Gaughan, Vice-Chair
ATTEST:
______________________ ____________________________
Jamie Shew, County Clerk Nancy Thellman, Member
Time and Date