Meeting Information
Amended Agenda
WEDNESDAY AUGUST 29, 2012
4:00 p.m.
-Proclamation declaring September 21012 as National Preparedness Month. (Jillian Rodrigue)
-Consider approval of the minutes for August 8, 2012.
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders;
(b) Adopt report of the Solid Waste Management Plan annual review and approval of updated Solid Waste Management Committee listing (Keith Browning)
REGULAR AGENDA
(2) Consider approval of a resolution extending the Burn Ban in the unincorporated area of Douglas County (Teri Smith);
(3) Consider loan request from E-Community set aside for the Kansas Dinner Train (Collin Bielser)
(4) Request for County to partially fund future maintenance for County Road N 900 east of old U.S. 59 and the new frontage Road, County Road E 1300. (Dan Watkins)
(5) Executive Session for preliminary discussions relating to the acquisition of real property and to consult with County Counselor on matters which would be deemed privileged under the attorney-client relationship. The justification is to prevent cost escalations and to detriment of the Douglas County and its taxpayers and to maintain attorney client privilege on a matter involving Douglas County.
RECESS
RECONVENE
6:35 p.m.
(6) Public hearing and consider approval for a Temporary Business Permit for Donna Wingert Retail sale of Dried Fruit & Nuts (Linda Finger)
(7) Public hearing and consider approval for a consider approval of a Temporary Business Permit for Cates Haunted Farm (Linda Finger)
(8) Public hearing and consider approval for a consider approval of a Temporary Business Permit for a MotorCross (Linda Finger)
(9) Public hearing and consider approval for a consider approval of a Temporary Business Permit for Alberta Dover Flea Market Located at 1809 E 1450 Road (Linda Finger)
(10) Public Hearing to introduce the I-Codes for eventual adoption (Kay Pettit)
(11) Other Business
(a) Consider approval of Accounts Payable (if necessary)
(b) Appointments
(c) Public Comment
(d) Miscellaneous
(12) Adjourn
Gaughan called the regular meeting to order at 4:05 p.m. on Wednesday, August 29, 2012 with all Commissioners present.
PROCLAMATION 08-29-12
Gaughan moved to approve a proclamation declaring September 2012 as "National Preparedness Month." Motion was seconded by Thellman and carried 3-0.
RESOLUTION 08-29-12
Gaughan moved to approve Resolution 12-31 recognizing the United States Postal Service as a valuable resource in Douglas County, Kansas and to join Lecompton City Council in opposing the Postal Service Reform Act of 2012 (H.R. 2309) which if passed would end weekend mail delivery; terminate at-home mail delivery and close thousands of local post offices including the Lecompton Post Office. Motion was seconded by Thellman and carried 3-0
MINUTES 08-29-12
Gaughan moved to approve the minutes of August 8, 2012. Motion was seconded by Thellman and carried 3-0.
CONSENT AGENDA 08-29-12
Gaughan moved approval of the following Consent Agenda items:
► Adopted report of the Solid Waste Management Plan Annual Review and approved the updated Solid Waste Management Committee Listing.
Motion was seconded by Thellman and carried 2-0.
E-COMMUNITY 08-29-12
The Board considered a loan request from the Douglas County Revolving Loan fund established by the County Commission in 2011 to stimulate small business growth. The Entrepreneurship Community program or E-Community, allocated money set aside from tax credits. The Freemont Dinner Train, based out of Freemont, Nebraska, plans to relocate to Baldwin City to operate along the Midland rail line. The relocation and start-up expenses are estimated to cost $235,000. The amount of $200,000 has been approved from a number of funding partners. These partners consist of a cash investment from the dinner train owners, private bank loans, a grant from the Federal Home Loan Bank, Baldwin City Economic Development grants, a City of Baldwin forgivable loan, and a request for the Douglas County E-Community revolving loan fund in the amount for $15,000. The loan would be at a low interest rate fixed at 4.25% for five years and would be administered by the Douglas County E-Community program on behalf of Douglas County.
Collin Bielser, City of Eudora Economic Analysis; and Dave Hill, Mid America Bank, presented the item.
It was determined that if the Board approved the loan request, the balance left in the revolving loan fund would be $5,000 for the rest of the calendar year.
Gaughan commented that the $30,000 set aside for the revolving loan has already created two projects. Bielser added the dinner train business will create 17 part-time jobs in our community and will relocate one full-time position. This is a dinner theater and will give local students the opportunity to get involved.
Thellman reported that approximately 50 people attended the Baldwin's E-Community meeting where $50,000 in tax credits were signed up for and several local small business owners said they would likely apply for E-Community gap funding to help with their business expansions.
Flory asked who plans to execute the loan documents and prepare the loan payments. Hill stated in this case, Mid America Bank in Baldwin City will be handling the paperwork at no charge.
Gaughan opened the item for public comment. No comment was received.
Thellman moved to approve the loan request for up to $15,000 toward the relocations of the Kansas Dinner Train project at a low interest rate loan fixed at 4.25% for five years, administered by the Douglas County E-Community program on behalf of Douglas County. Motion was seconded by Gaughan and carried 3-0.
EMERGENCY MANAGEMENT/BURN BAN 08-29-12
The Board considered the approval of a resolution to continue the burn ban through September 5, 2012 in the unincorporated area of Douglas County. Jillian Rodrigue, Assistant Director of Emergency Management, stated she consulted with the township fire chiefs regarding the continuation of a burn ban and it was the consensus the ban should stay in force.
Gaughan opened the item for public comment. No comment was received.
Flory moved to approve Resolution 12-35 providing for the imposition of restrictions on certain burning practices in the unincorporated area of Douglas County through September 5, 2012 unless the County Commission Chair terminates the ban prior to September 5, 2012. Motion was seconded by Gaughan and carried 3-0.
PUBLIC WORKS 08-29-12
Dan Watkins, Attorney representing Sadie's Lake, LLC, brought a request for the Board to consider partially funding future maintenance for County Road N 900, east of old U.S. 59 and the new frontage road, County Road E 1300.
According to Watkins, KDOT has agreed to chip seal a portion of County Road N 900 east of Old U.S. 59 highway, south of Lawrence near Pleasant Grove, and the frontage road for new U.S. 59 (County Road E 1300) south from N 900 to the Sadie's Lake property entrance. The chip seal would require Douglas County to provide future maintenance for the frontage road in the turn back agreement for old US 59. Sadie's Lake, LLC has agreed to share the future maintenance costs of the road with Douglas County.
Watkins said KDOT has concerns that dust from a gravel surface on E 1300 would create problems for traffic on the new highway. He feels the annual cost to maintain the chip seal surface on the above mentioned road would be about $5,000, and that number would be split with Douglas County. Further discussions concluded the chip seal would last approximately 3-5 years at a cost of about $55,000, not including snow removal and other maintenance costs.
Flory stated he is willing to consider this request if KDOT is willing to put down a good surface.
Gaughan agreed he is willing to consider the issue. He asked Evan Ice, County Counselor, if the County made an agreement for a fixed amount but the maintenance costs turned out to be more, can we renegotiate with Sadie's Lake LLC. Watkins added we need to determine numbers because he d sn't want the cost to get to the point Sadie's Lake LLC cannot afford the maintenance.
Flory stated he has reservations, but is willing to consider the request once we have more solid numbers.
Thellman said she feels this is good for the retreat center and rural tourism. She would feel better knowing more conclusive numbers.
Ice stated if taking over the partial maintenance is what the Board prefers, it can be done. However, if Sadie's Lake LLC discontinues paying at some point the County would have to take over full maintenance or the road would have to go back to rock, which would then be maintained most likely by the townships.
Browning added there are two townships involved with this road but they don't have the equipment to maintain a chip/seal road.
The consensus was for staff to explore the total cost for all parties involved in the road maintenance and bring the issue back to the Board for consideration.
EXECUTIVE SESSION 08-29-12
At 4:55 p.m., Gaughan moved for the Board to recess to executive session for 30minutes (until 5:25 p.m.) for preliminary discussion relating to the acquisition of real property and to consult with the County Counselor on matters which would be deemed privileged under the attorney-client relationship. The justification is to prevent cost escalations to the detriment of Douglas County and its taxpayers and to maintain attorney client privilege on a matter involving Douglas County.
Attendees included Evan Ice, County Counselor; Craig Weinaug, County Administrator; Sarah Plinsky, Assistant County Administrator; Linda Finger, Interim Director of Zoning and Codes; Keith Browning, Director of Public Works; and Michael Kelly, County Surveyor. Motion was seconded by Thellman and carried 3-0.
At 5:25 p.m., Gaughan moved to extend the executive session for 15 minutes (until 5:40 p.m.). Motion was seconded by Flory and carried 3-0.
The Board returned to regular session 5:40 p.m. No action was taken
RECESS 08-29-12
Gaughan moved for the Board to recess until 6:35 p.m. Motion was seconded by Flory and carried 3-0.
RECONVENE 08-29-12
The Board reconvened at 6:35 p.m.
ZONING & CODES 08-29-12
Gaughan moved to open a public hearing for the consideration of a Temporary Business Permit for Donna Wingert Retail to permit the operation of a Flea Market to allow for the sale of Dried Fruit & Nuts from October 20 through December 15, 2012, at the location of 693 E 1250 Road, Lawrence, Kansas. Motion was seconded by Thellman and carried 3-0.
No public comment was received.
Flory moved to approve a Temporary Business Use Permit for Donna Wingert to permit the sale of Fried Fruit and Nuts as listed above. Motion was seconded by Thellman and carried 3-0.
ZONING & CODES 08-29-12
Gaughan moved to open a public hearing and consider approval for a Temporary Business Permit for Cates Haunted Farm located at 1029 N 1156 Road, Lawrence, Kansas, for the following dates in October 12 & 13; 19 & 20 and 27 & 26, 2012.
No public comment was received.
Flory moved to approve the Temporary Business Use Permit for the Cates Haunted Farm as listed above. Motion was seconded by Thellman and carried 3-0.
ZONING & CODES 08-29-12
Gaughan moved to open a public hearing and consider approval for a Temporary Business Permit for USA Cycling Cyclocross Events to be held on the following dates: September 6, 13, 20, 27; October 20 and 21, 2012 at 1014 N 800 Road, Lawrence, Kansas.
No public comment was received.
Flory moved to approve a Temporary Business Use Permit for USA Cycling Cyclocross Events as described above. Motion was seconded by Thellman and carried 3-0.
ZONING & CODES 08-29-12
Gaughan moved to open a public hearing and consider approval for a Temporary Business Use Permit for Alberta Dover to hold a Flea Market at 1809 E 1450 Road. The Flea Market would be held the first and third Saturdays each month, September-October 2012 and March -October 2013.
The property is managed by Bill Fair and Company, Inc. for the U.S. Bankruptcy Court. Ms. Dover proposes to rent space to individuals for the retail sale of merchandise. This property has unresolved zoning violations from 2003 and a court action to remediate these violations. No building permits can be issued for properties currently in violation of building codes.
No public comment was received.
Flory moved to approve a Temporary Business Use Permit for a Flea Market at the location described above; and with the staff's recommendation for approval of use if no building permits, including electrical permits requested, are necessary before the violations from building codes and floodplain regulations are resolved. Motion was seconded by Thellman and carried 3-0
ZONING & CODES 08-29-12
The Board held a public hearing to introduce the revised I-Codes for eventual adoption consideration. Kay Pettit, Douglas County Zoning & Codes Department, presented the item. Also present were Linda Finger, Interim Zoning and Codes Director; and Patrick Wempe, Combination Building Inspector.
Pettit stated that Douglas County is currently working under the 1997 Uniform Building, Plumbing and Mechanical Codes and the 1999 National Electrical Codes. Pettit asked the Board to consider adopting the 2012 International Residential Code (IRC), 2012 International Building Code (IBC), 2012 International Plumbing Code (IPC), 2012 International Mechanical Code (IMC), 2012 International Fuel Gas Code, and the 2011 National Electric Code (NFPA 70).
Pettit stated in her discussions with local builders it was determined they prefer the County building codes to be similar to the City building codes.
There was discussion on what version of the Code other cities and counties are using. The City of Lawrence is currently using the 2009 Building Codes but looking at the 2012 version, and Baldwin City is using 2006. Pettit said there are several counties around us that don't have codes or inspections but have fees to build. In Johnson County the code version varies by city.
There was also discussion that Douglas County also requires its builders to be licensed professionals in plumbing, electrical and HVAC, but general builders don't have to be licensed. Pettit said it is the consensus that local builders want the code upgrades and a professional license required because they want the poor quality builders weeded out putting everyone on the same playing field. She is not recommending that general contractors be licensed as this time, but if builders keep pushing for that, it will mostly likely come back to the Board for consideration.
Flory wanted to confirm that the information regarding the 2012 Code upgrades are available to the public for viewing prior to putting this back on the agenda for consideration. Finger stated the information, plus the Board's presentation is on the County website. Staff sent out 350 notification cards to those in the building trades, plus 200 emails to the Homebuilder's Association.
Flory asked what steps can be taken after tonight regarding additional notification before taking action. Craig Weinaug, County Administrator, suggested the Board contact professionals they know in the building trade to get an evaluation on the code upgrade.
Thellman said she senses the builders are anxious for the adoption of the 2012 Codes.
Gaughan opened the item for public comment.
Marlon Schwerk, 4880 Catalina Drive, stated the house he purchased is not properly insulated; newer codes may have prevented this problem. He supports the 2012 Code update because he feels it will protect consumers.
It was the consensus of the Board for the item to be put back on the agenda for discussion, feedback and consideration of approval at the September 19, 2012 County Commission meeting.
ACCOUNTS PAYABLE 08-29-12
Gaughan moved to approve accounts payable in the amount of $512,569.59
to be paid on 08/30/12; and wire transfers in the amounts of $351,023.58 to be paid on 05/31/12 and $16,952.54 paid on 08/24/12. Motion was seconded by Thellman and carried 2-0.
Gaughan moved to adjourn the meeting; Thellman seconded and the motion carried 3-0.
______________________________ ____________________________
Mike Gaughan, Chair Nancy Thellman, Vice-Chair
ATTEST:
______________________________ _____________________________
Jamie Shew, County Clerk Jim Flory, Member
Time and Date