Meeting Information
Amended Agenda (Date amended 07-20-11)
WEDNESDAY, JULY 20, 2011
EVENING MEETING:
4:00 p.m.
-Convene
-Consider approval of the minutes for June 1, 2011.
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders;
(b) Consider approval of a resolution amending a Zoning Classification from"I-2"(Light Industrial District) to "A" (Agricultural District) located at 670 N 1800 Road (Keith Dabney);
(c) Consider approval of a resolution amending a Planning and Zoning Classification from "A" Agricultural District to "B-2" General Business District located at 751 Hwy 40 (Keith Dabney); and
(d) Consider approval of application for an authorized emergency vehicle permit for H. Wayne Riley (Sheriff's Office)
REGULAR AGENDA
(2) Consider approval of Agreement with Keyta D. Kelly of Kelly Law Offices, LLP, for the collection of delinquent personal property taxes. (Paula Gilchrist);
(3) Review, approval, and public notice of grant opportunity from the Douglas County Natural and Cultural Heritage Grant Program (Heritage Conservation Council Member); Backup to follow on Monday, July 18
(4) Consider authorizing purchase of Snap-Tite pipe culvert liners from ISCO Industries in the amount of $90,287.92 and pay for the purchase from the CIP (Mike Perkins/Terese Gorman)
(5) Executive Session to discuss land acquisition.
(6) Other Business
(a) Consider approval of Accounts Payable (if necessary)
(b) Appointments:
Board of Zoning Appeals 10/2011 (2 positions-current not eligible for reappointment)
(c) Miscellaneous
(d) Public Comment
RECESS UNTIL 6:35 P.M.
Reconvene 6:35 p.m.
(7) Receive Planning Commission recommendation regarding annexation, A-3-1-11, of approximately 67 acres, located on the south side of N 1800 Rd (Farmers Turnpike) and between the extended alignments of E 900 Road and E 950 Road, and receive and consider Resolution No. 6924 requesting that the Board of County Commissioners of Douglas County, Kansas, make the statutory finding that the proposed annexation would not hinder or prevent the proper growth or development of the area or of any other incorporated city. Submitted by Steven Rothwell, Timothy W. and Lani S. Rothwell, for Timothy Rothwell, Wilber C. Rothwell, and Donald Kenna Rothwell, property owners of record. (PC Item 14A; approved 8-1 on 5/25/11)(Sheila Stogsdill)
(8) Adjourn
Flory called the regular meeting to order at 4:00 p.m. on Wednesday, July 20, 2011 with all members present.
MINUTES 07-20-11
Gaughan moved to approve the minutes of June 1, 2011. Motion was seconded by Thellman and carried 3-0.
CONSENT AGENDA
Flory moved approval of the following Consent Agenda:
► Commission Order No. 11-021 and 11-022 (on file in the office of the Clerk);
► Resolution 11-23 rezoning approximately 31.896 acres from I-2 (Light Industrial) District to A (Agricultural) District; amending the official zoning district map incorporated by reference in Chapter XII, Article 3, Section 12-304 of the "Douglas County Code 2010 Edition", and amendments thereto, located at 670 N 1800 Road;
► Resolution 11-24 A Resolution rezoning approximately 6 acres from A (Agricultural) District and B-2 (General Business) District; to B-2 (General Business) District; amending the official zoning district map incorporated by reference in Chapter XII, Article 3, Section 12-304 of the "Douglas County Code 2010 Edition", and amendments thereto, located at 751 Hwy 40; and
► Application for an authorized emergency vehicle permit for H. Wayne Riley of Fire District No. 1.
Motion was seconded by Gaughan and carried 3-0.
TREASURER 07-20-11
Thellman moved to approve an Agreement between Keyta D. Kelly of Kelly Law Offices, LLP for enhanced collections of delinquent personal property taxes. Motion was seconded by Gaughan and carried 3-0;
TREASURER 07-20-11
The Board asked Paula Gilchrist, Douglas County Treasurer, to explore alternative payment methods for paying property taxes beginning for 2012 taxes. The Board suggested the possibility of more frequent, gentler payments as opposed to only December and May payments.
NATURAL AND CULTURAL HERITAGE GRANT PROGRAM 07-20-11
The Board reviewed and considered approval of the final Natural and Cultural Heritage Grant applications for major and target projects. The deadline for submitting applications for grant funding is Friday, September 23, 2011 by the close of the business day.
Flory opened the item for public comment. No comment was received.
Flory moved to approve the final Natural and Cultural Heritage Grant applications. Motion was seconded by Thellman and carried 3-0.
[Flory commented that he prefers to not use the entire appropriation of $350,000 in funds for the Natural and Cultural Heritage Grant program this year. He would like carry over into the budget next year due to the uncertainty of the SRS hurdles the County may be facing.]
PUBLIC WORKS 07-20-11
The Board considered the approval to purchase Snap-Tile pipe culvert liners from ISCO Industries. Public Works has detected 10 existing corrugated metal pipe culverts with serious corrosion problems that require replacement or lining. Plastic liners would be a less expensive and evasive with no traffic disruptions.
Flory opened the item for public comment. No comment was received.
Flory moved to approve the purchase of Snap-Tite pipe culverts from ISCO Industries in the amount of $98,387.92 with payment coming from the CIP fund.
APPOINTMENT 07-20-11
Flory moved to appoint Janet Grant to the Douglas County Board of Zoning Appeals to fill the unexpired term of Dave Anderson effective July 20, 2011. Motion was seconded by Thellman and carried 3-0.
APPOINTMENTS 07-20-11
Flory moved to appoint Kay Hodge to the Douglas County Board of Zoning Appeals to fill the soon to expire term of Lawrence James. Hodge's term will expire 10/31/2014. Motion was seconded by Gaughan and carried 3-0.
EXECUTIVE SESSION 07-20-11
At 4:45, Flory moved for the Board to recess to executive session for 30 minutes (until 5:15 p.m.) to discuss possible acquisition of land. Attendees included Craig Weinaug, County Administrator, and Sarah Plinsky, Assistant County Administrator. Motion was seconded by Gaughan and carried 3-0.
The Board returned to regular session at 5:15 p.m. No action was taken.
MISCELLANEOUS 07-20-11
Thellman stated she had received comments from a concerned resident on revisions to the noise ordinance. The person may attend an upcoming meeting to voice his/her comments.
ACCOUNTS PAYABLE 07-20-11
Gaughan moved to approve accounts payable in the amounts of $2,599,088.40 paid on 07/14/11; and $487,056.08 to be paid on 07/21/11. Motion was seconded by Thellman and carried 3-0.
RECESS
Gaughan moved to recess until 6:35 p.m. Motion was seconded by Thellman and carried 3-0.
RECONVENE 07-20-11
The Board reconvened at 6:35 p.m.
ANNEXATION 07-20-11
The Board considered a request for annexation of approximately 69 acres located on the south side of N 1800 Road, between the extended alignments of E 900 Road and E 950 Road. The applicants, Steven Rothwell, Timothy W. and Lani S. Rothwell for Timothy Rothwell, Wilber C. Rothwell and Donald Kenna Rothwell, property owners of record, seek approval to voluntarily annex their property into the City limits of Lawrence where if approved intends to submit an application for rezoning. Sandra Day, Lawrence-Douglas County Metropolitan Planning Staff, presented the item. The action asked of the Board is to make a finding that the annexation will not hinder or prevent the proper growth and development of the area or that of any other incorporated city located within Douglas County and that the annexation is compatible with Horizon 2020 and the K-10 and Farmer's Turnpike Plan.
Because the property is not adjacent to the city "proper" it is considered an "island annexation" request. The site has excellent proximity to I-70 (a major transportation network). The site is located within the Lawrence Urban Growth Area. This request is accompanied by a rezoning request for IG and is consistent with Horizon 2020, and the K-10 and Farmer's Turnpike Plans. The property is served by Rural Water District No. 6 and is currently zoned A (Agricultural). Staff has reviewed utility options for this site. There was discussion on how to bring water to the site from the West Baldwin Creek Water Interceptor. Day described the difference between IL and IG zoning and the limitations on IL being a strong retail type usage.
Gaughan asked what IL zoning can be used for. Day replied IL zoning can be subverted for retail uses allowing a wide variety of land uses in that district including fast food and general retail categories, as well as, classic industrial warehouse use.
Thellman asked if it is possible to get around subvert IL zoning by conditioning the industrial uses as the only possibility. Day stated you can condition zoning but staff would recommend that as a last resort because that makes it difficult to manage when you have to interpret what the conditions mean. About 50 percent of the time it ends up with a request for rezoning.
Flory reminded the audience that zoning is not before the Commission tonight. Any condition on zoning would have to come from the City Commission. Day responded that is correct.
Thellman asked if the Kaw Valley Drainage District or any other cities were notified of this annexation request. Day responded she was not certain. This property is well outside any three mile boundary of any other incorporated city. She did talk to Lecompton and the Lecompton School District and in the past said they would welcome the annexation because of the tax base.
Flory stated the consensus of the Board is to entertain comments tonight and to defer the item for further study to the following July 27, 2011 meeting.
Flory opened the item for public comment.
Matt Todd, attorney representing the landowners, stated the issue of rezoning is not before this governing body. The city will have to make that determination if this proceeds. The decision tonight is over annexation. The hearing process and the County Commission do act like a quasi-judicial function. The statute K.S.A. 12-520c sets out three conditions that must be met before an annexation can occur: 1) the land must be in the same county as city; 2) the annexation must be voluntary, and 3) it must be determined by the County that annexation would not hinder or prevent proper growth of the area. Todd stated that is the real issue before the Commission. The nearest city to the property is Lecompton and the property is within the UGA of Lawrence. The type of proposed use has been approved by the Planning Commission, City Commission and this body. The request is designed to comply with the governing documents that specify what the proper growth and development for this land should be. Todd encourages the Board to make their decisions based on the recommendations of the professional planning staff, the Planning Commission recommendation, the comprehensive plan, sector plan and economic develop experts at the Chamber. He asked the board to find determination that the annexation will not hinder or prevent the proper growth of the area or any city.
Charlene Winter, 638 N 1800 Road, states she would like to see the property kept under County control.
Ronald Schneider, attorney representing the Scenic Riverway Group, presented copies of the minutes of November 17, 2010 and other documents by people in opposition to the 51-acre site that came before the Board on that date. Schneider stated the applicant will not proceed with the rezoning unless they get an IG designation. This is the third request for an island annexation in that area and is becoming the norm. Schneider was concerned that not enough notice was given to the City of Lecompton, even though it is not required by statute. Other concerns include infrastructure and utility extension requests, a waste water and water plan are not complete. A watershed study is not even in the processes. Schneider feels a heavy industrial option of IG zoning could be a nuisance to the neighbors and he referenced to the Cedar Creek case. Under the mandate of Cedar Creek, Schneider feels the Board must consider all zoning and anything that could harm or affect the neighbors.
Marguerite Ermeling, representing the Scenic Riverway Community Association, stated it's not fair to say we are not dropping a bomb in the middle of a residential area because you don't live there. Zoning is one part of your consideration and it affects the lives of the people you represent.
Hank Booth, Chamber of Commerce, stated he feels the elected officials have to follow through with what the plans say we are going to do. The transportation issue has been developed on both sides of this property. Search firms depend on us to stand behind the planning documents we have in place.
Gwen Klingenberg, 4900 Colonial Way, stated our documents do not say there has to be IG zoning at this location, only industrial. Every company that has come forward to the planning staff would work with an IL zoning. Anything that falls under an IG zoning would be inappropriate.
Darrel Ward, 922 N 1800 Road, representing three members of his family, urged the Commission to vote against the island annexation due to proper growth and development and loss of government. The annexation of this property will orphan other properties between the city limits and the 69 acres and place them at risk for development not planned.
Beth Johnson, Chamber of Commerce, stated what we're developing here is an area for industrial development that can handle the types of development we want for our community, like the bio projects. They will need a place to manufacture their product. General industrial users do not want to be placed next to the retail elements under IL zoning.
Thellman commented we're working hard to find land and get it zoned and get infrastructure so businesses will come. The one thing we don't have is the money to seal the deal. Without the millions to back it up what will keep them from going on to Topeka1/2 We don't have the mechanisms to compete. Their money comes from a tax base. Is the chamber going to lead a campaign to raise taxes to fund this1/2 Johnson responded that our niche is not 9 million in incentives. Our niche can be the bio science needs. They will want to expand and develop employee training grants. They will need some help, but less to get started than others. Once they get going with about 50-100 acres, that's when we work with them on industrial revenue bonds and the tax abatement that come with those.
Matt Todd addressed a concern regarding the Board receiving exparte information from Ronald Schneider. He also provided a letter from Rural Water District No. 6 stating they are willing to continue to provide service to this property even if the property is annexed.
Jim Baggett, 1852 E 950 Road, stated the letter from the Water District was only pertaining to continuing service to the Rothwells, not industrial. He asked for a minimal impact zoning of IL.
Flory moved to close the public comment. Motion was seconded by Gaughan and carried 3-0.
Flory stated the Board will seek guidance from legal council on accepting records from Ronald Schneider and on whether the Board can make a finding for annexation conditioned upon a certain zoning.
It was the consensus of the Board to defer the item to the July 27, 2011 meeting for further review.
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