Meeting Information
The County Commission will meet at 4:00 p.m. for administrative items and 6:35 p.m. for public items. Please see 4:00 p.m. agenda.
Flory called the regular session meeting to order at 4:00 p.m. on Wednesday, March 2, 2011 with all members present.
CONSENT AGENDA 03-02-11
Flory moved approval of the following Consent Agenda:
► Commission Order No. 11-010 (on file in the office of the Clerk); and
► 2011 skiing dates at Lone Star Lake are as follows:
-12:00 noon until 8:00 p.m. on Wednesday through Sunday of each week between June 1 and Labor Day;
-12:00 noon until 8:00 p.m. on September 5 (Monday, Labor Day); and
-12:00 noon until 6:00 p.m. on Wednesday through Sunday of each week between September 7 and September 25, 2011.
► Authorized the Public Works Director to renew the contract with Midwest Striping, Inc. for 2011 pavement markings in the amount of $141,459.13, and authorization for the Public Works Director to approve change orders totaling up to 5% over the contract amount;
Motion was seconded by Gaughan and carried 3-0
Pulled from the Consent Agenda:
The Board considered approving the solicitation of bids for the supply of asphaltic concrete mix for the 2011 maintenance season. Keith Browning, Director of Public Works, was present for questions.
Gaughan asked if the rising price of crude oil would have an effect on the asphalt prices. Browning stated he believes it could.
Flory moved to approval for the Director of Public Works to solicit bids for the supply the asphaltic concrete mix for the 2011 maintenance season. Motion was seconded by Thellman and carried 3-0.
EMERGENCY COMMUNICATIONS 03-02-11
The Board originally planned to consider the approval of a new 911 phone system for Emergency Communications, but due to a system failure the past week, Craig Weinaug, County Administrator, administratively approved the proposed bid from Commenco. During the system failure, KU Public Safety became the public system answering point.
Amanda Reusch, Interim Director of Emergency Communications, stated the price of the new system was $307,876.89, the cost of the KU Public Safety Cost (backup safety system) is $123,494.12 making the total phone project cost $431,371.01 coming from the 911 Reserve Fund of which has sufficient funding to support the purchase.
Flory opened the item for public comment. No comment was received.
Flory moved to ratify the purchase made by the County Administrator in the amount of $431,371.71. Motion was seconded by Gaughan and carried 3-0.
EXECUTIVE SESSION 03-02-11
At 4:10 p.m., Flory moved for the Board to recess to executive session for 20 minutes (until 4:30 p.m.) for the purpose of discussing possible Douglas County property sale. Attendees include: Keith Browning, Director of Public Works; Michael Kelly, County Surveyor; and Craig Weinaug, County Administrator. Motion was seconded by Thellman and carried 3-0.
The Board returned to regular session at 4:30 p.m. No action was taken.
ACCOUNTS PAYABLE 03-02-11
Flory moved to approve manual checks in the total amount of $31,815.81 paid on 02/25/11; a wire transfer in the amount of $254,851.19 paid on 02/28/11; and accounts payable in the amount of $225,879.33 to be paid on 03/03/11. Motion was seconded by Gaughan and carried 3-0.
APPOINTMENT 03-02-11
Flory moved to appoint Carol J. Gilmore, Lawrence, Kansas, to the Douglas County Food Policy Council for a three-year term effective January 1, 2011. Motion was seconded by Thellman and carried 3-0.
RECESS
At 4:35 p.m., Flory moved for the Board to recess until 6:35 p.m. Motion was seconded by Thellman and carried 3-0.
RECONVENE
At 6:35 p.m., the Board returned to regular session.
LAND ATTACHMENT/PUBLIC HEARING 03-02-11
Flory moved to open a public hearing regarding a petition filed for the attachment of lands in the northeast quarter of the northwest quarter of Section 13-13-20 into Rural Water District No. 4. Motion was seconded by Gaughan and carried 3-0.
Scott Schultz, District Administrator for Rural Water District No. 4, presented location maps showing the property in question having a waterline running along the front of the property. The property is approximately 1.5 miles from the Eudora city limits and also lies within in the Urban Growth Area (UGA). According to subdivision regulations, property in the UGA cannot have a well. The property is located between parcels that are served by RWD#4 to the east, west, and south of this location.
Flory stated that the petition was submitted by Faye Coleman but since then, the property had changed hands and is now owned by Matt and Rachel Karstetter. Flory stated he would like to hear the property owners' intentions as the petition was filed by the past owner.
Thellman asked if the property is in the UGA of the City of Lawrence. Craig Weinaug, County Administrator, confirmed that the property was in the UGA of the City of Lawrence, but that Lawrence officials had decided to not comment on this issue because the planning director had indicated that planning Commission was likely to recommend removal of this property from the UGA in the near future.
Matt Karstetter, property owner, stated plans to build a house on the land. He wishes to continue with the petition and tap into the existing line on his property.
John Harrenstein, Eudora City Manager, stated Eudora recognizes the property owner would like to use the line in front of his property, but there are ramifications and policy involved with future expansions, cost and turmoil to the area. He expressed opposition to the land attachment according to Kansas Statute 19-270. He also stated there is ongoing litigation involving other land attachments with the RWD No.4. The City of Eudora has spent over $600,000 in litigation and RWD No.4 has spent $900,000. He asked the Board to deny the petition, as the property is within a three-mile radius of Eudora, until the courts have determined how the territory will be addressed.
Flory stated he looks at this as a narrow issue before him. He asked what expansion or plans for expansion have been done west of Eudora. Harrenstein asked if he means is any pending annexation or requests for attachments, there have been none. Flory added we have an innocent land owner caught between two litigants' multi-million dollar lawsuit. He has water to the east, west and south of him. Flory stated in his opinion, the answer is simple.
Gaughan asked Harrenstein if the City of Eudora is willing to annex the area. Harrenstein replied Eudora has grown with petitions for annexation. He d s not believe the City has ever pursued annexations without a petition from the property owner requesting annexation. He believes this process would remain the same. Finger added if the City of Eudora would decide to do an island annexation with this property, it would then come before the BOCC. There is also protest ability by the property owner. If the City of Eudora wishes to annex the entire corporate area including this property, it would not come before the BOCC. The City of Eudora would have to do a service plan to show their intent for their provision of services with a timeline which is required by statute.
Flory asked Schultz if he is aware of any other properties that have RWD No.4 around them similar to this situation. Schultz stated the requests come in informally. It's really hard to tell. There are several unserved islands squeezed between two served properties. Only time will tell with the economy if people bring forth any petitions. Weinaug added that although more than half of the requests received over the years have been from this water district, he d s not see this annexation impacting the number of petitions received.
Thellman asked by approving this petition are we disregarding policy. Finger stated the three-mile issue is from the statute. She stated she has not seen the most recent Eudora Comprehensive Plan, but she is familiar with the previously adopted plan which d s not have an urban growth boundary. This is a discussion that needs to happen because Lawrence UGA boundary projects extend well into three-mile Eudora area.
Flory stated there are two things to resolve: 1) was notice given required to the statutes. It has been done. And 2) was the situation true at the time the petition was file. Mrs. Coleman has met all the requirements. Having met these two findings Flory asked should we approve the petition. Flory stated he respects the views of the City of Eudora, but he also sees a property owner with a waterline running across his own property and the property owner needs water.
Thellman stated the answer seems pretty clear, but she is torn between wanting to support good policy and helping the landowner. She wished to make a strong statement that if this petition is approved, until there is a good effort for mediation between the RWD No.4, the City of Eudora and County Staff, no other requests for attachments will be approved.
Flory stated he would not support a moratorium but agrees topic is something that should be considered separate from this petition.
Gaughan stated he will support this petition, but agrees that no other request should be granted until the issues between the RWD No.4 and the City of Eudora have been resolved or at least productive conversation can be had.
Flory opened the item for public comment. No comment was received.
Flory moved to approve the petition for attachment of land, legal description as follows: The Northeast Quarter of the Northwest Quarter (NE 1/4, NW 1/4) of Section Thirteen (13), Township Thirteen (13) South, Range Twenty (20) East of the 6th Principal Meridian, all in Douglas County, Kansas consisting of 40 acres more or less; to the Rural Water District No. 4 as filed by Faye Coleman. Motion was seconded by Gaughan and carried 3-0.
NOTE: It was the consensus of the Board that John Harrenstein, Eudora City Manager; Scott Schultz, District Administrator for Rural Water District No. 4; and Craig Weinaug, County Administrator; meet to determine a process for a resolution to the litigation.
PUBLIC HEARING/GRANT APPLICATION 03-02-11
The Board conducted a public hearing having to do with the Community Development Block Grant (CDBG) application for federal funding for a grant application submittal on behalf of Berry Plastics.
Flory moved to open the public hearing. Motion was seconded by Gaughan and carried 3-0.
Garrett Nordstrom, Governmental Assistance Service, stated he is preparing the application for funding and is waiting for the results of the KDOT grant application.
No other comments were received.
Thellman moved to approve Resolution 11-05 certifying legal authority to apply for the 2010 Kansas Small Cities Community Development Block Grant Program from the Kansas Department of Commerce and authorizing the Commission Chair to sign and submit such an application. Motion was seconded by Gaughan and carried 3-0.
Flory moved to appoint Governmental Assistance Service (GAS) to serve as administrator for the County of Douglas Kansas 2011 CDBG Economic Developmental Project, subject to approval by the County Counselor. Motion was seconded by Thellman and carried 3-0. (Note: the contract was approved by the County Counselor.)
RESOLUTION 03-02-11
The item to consider approval of a resolution with regard to funding of infrastructure improvements for Berry Plastics was pulled from the agenda.
MISCELLANEOUS/PUBLIC COMMENT 03-02-11
Natalya Lowther, 1480 N.1700 Road, made comments to the Board with regard to her efforts to get a CUP. After discussion, County Commissioners suggested that she make an appointment with the County Administrator to attempt to resolve the issues that she raised.
Flory moved to adjourn the meeting; Gaughan 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