Commission Board Meeting on Wed, February 20, 2013 - 4:00 PM


Meeting Information

4:00 p.m.
-Consider approval of the minutes for November 28, 2012; and January 30 and February 6, 2013.

CONSENT AGENDA
(1) (a) Consider approval of Commission Orders;
 (b) Consider Merit Increase for Elected Officials and County Administrator (Sarah Plinsky)
 (c) Authorization to accept material supply low price quote for precast concrete drainage structure for replacement of Structure No. 02.00N-04.20E (Keith Browning); and
 (d) Authorization to accept material supply low price quote for precast concrete drainage structure for replacement of Structure No. 04.00N-08.56E (Keith Browning)

REGULAR AGENDA
(2) Consider authorization to execute contract with City of Lawrence providing financing mechanism for infrastructure improvements in the undeveloped portion of East Hills Business Park (area just east of Farmland) (Chuck Soules)

(3) CUP-12-00248: Consider a Conditional Use Permit for Baker Wetlands Visitor Center Complex, located at 1365 N 1250 Rd. Submitted by Baker University, for the KS Department of Transportation, property owner of record. (PC Item 10; approved 9-0 on 1/30/13) Mary Miller will present the item

(4) Consider revisions to Access Management road classification map (Keith Browning/Linda Finger)-Memo and Map attached; Resolution to follow Monday

(5) (a) Consider approval of Accounts Payable (if necessary)  
 (b) Appointments  
  -Lawrence Douglas County Metropolitan Planning Commission 05/13
  -Heritage Conservation Council 05/13
  -Property Crimes Compensation Board 04/13   
 (c)  Public Comment
 (d) Miscellaneous  

(6) Adjourn

 

Gaughan called the regular meeting to order at 4:00 p.m. on Wednesday, February 20, 2013 with all members present. 

MINUTES 02-20-13
Gaughan moved to approve the minutes of November 28, 2012, January 30, and February 6, 2013. Motion was seconded by Thellman and carried 3-0.

CONSENT AGENDA 02-20-13
Gaughan moved approval of the following Consent Agenda:

►  Authorization for the Public Works Director to approve the low price quote from Oldcastle Precast for supply of 7'span X 7'high x 38' long precast concrete drainage structure in the amount of $25,380.00 for the replacement of Structure No. 02.00N-04.20E; and
 ►  Authorization for the Public Works Director to approve the low price quote from Cretex Concrete Products  for supply of 9'span X 6'high x 38' long precast concrete drainage structure in the amount of $33,900.00for the replacement of Structure No. 04.00N-08.56E;

Motion was seconded by Thellman and carried 3-0.

Pulled from Consent Agenda:
ADMINISTRATION/MERIT INCREASE 02-20-13
Gaughan moved to approve a merit increase of 1.5% for elected officials and the County Administrator, but excluded the County Commissioners. Motion was seconded by Thellman and carried 3-0.

CITY OF LAWRENCE 02-20-13
The Board considered authorizing a contract with City of Lawrence to finance infrastructure improvements to the undeveloped portion of East Hills Business Park, the area just east of Farmland. Chuck Soules, Director of Public Works for the City of Lawrence, presented the item.

The estimated infrastructure costs are as follows: Street and Water $7,855.00; and Sewer $1,725,000. The infrastructure costs will be paid through a special assessment benefit district. The City has agreed to defer the assessment to the County pending development or sale of the County owned property.

Gaughan opened the item for public comment.

Flory moved to authorize the Chair to approve the agreement with the City of Lawrence for infrastructure improvements to the former Farmland Property contingency upon the City making necessary findings in their subsequent hearing on March 5, 2013. Motion was seconded by Thellman and carried 3-0.
 
PLANNING 02-20-13
The Board considered CUP-12-00248, a Conditional Use Permit for the Baker Wetlands Visitor Center Complex, located at 1365 N 1250 Road. The application was submitted by Baker University, for the Kansas Department of Transportation, property owner of record. The Planning Commission approved the item on a 9-0 vote on January 30, 2013. Mary Miller, Lawrence-Douglas County Metropolitan Planning Commission, presented the item.

Staff recommends approval of the Conditional Use Permit based upon the following findings of fact:

I. Zoning and uses of property nearby. Nearby properties are zoned V-C (Valley Channel) and A (Agricultural) with F-F (Floodway Fringe) and F-W (Floodway) Overlay Districts. Agriculture and open space are the principal land uses in the area. The proposed development will add an educational component to the open space and will provide a storage and maintenance area for the equipment necessary to manage the wetlands.

II. Character of the area. The area contains primarily open space and agricultural land uses. The subject property is located near a future major transportation corridor within the Lawrence Urban Growth Area. The proposed use, a visitor center for the wetlands, would be compatible with the character of the area.

III. Suitability of subject property for the uses to which it has been restricted. The property is well suited for use as a preserve, which is a permitted use in the V-C District. The property is not suited for many of the uses permitted n the A and V-C District due to the presence of wetlands and the floodway and floodway fringe. The proposed use, a visitor center and maintenance/storage facility, will enhance the open space and provide an educational component. The property is suitable for the proposed use as it will not be located within the floodplain.

IV. Length of time subject property has remained vacant as zoned. There would be no public benefit from the denial of the request which would prohibit the development of the visitor center as required by the mitigation plan for the construction of the South Lawrence Trafficway in this area. The approval of the request would benefit both the public and the applicant by enhancing the visits to the wetlands and providing necessary facilities for the effective management of the wetlands.


V. Extent to which removal of restrictions will detrimentally affect nearby property.  The proposed visitor center would be an amenity to the area and the proposed storage/maintenance facility would assist in the effective management of the wetlands. There  should  be  no  negative  impacts  from  these  improvements  to  nearby properties.

VI. Relative gain to the public health, safety and welfare by the destruction of the value of the petitioner's property as compared to the hardship imposed upon the individual landowners. There would be no public benefit from the denial of the request which would prohibit the development of the visitor center as required by the mitigation plan for the construction of the South Lawrence Trafficway in this area. The approval of the request would benefit both the public and the applicant by enhancing the visits to the wetlands and providing necessary facilities for the effective management of the wetlands.
 
VII. Conformance with the comprehensive plan. The proposed use is in conformance with the recommendations in the Comprehensive Plan related to the improvements to existing open space areas and the establishment of education and outreach programs pertaining to the function and values of wetlands.

And subject to the following conditions:

1) The provision of a revised Conditional Use Site Plan with the following changes:
a. Addition of a minimum of 5 bicycle parking spaces.
b. Show the areas for the 2 septic systems and a back-up site for the visitor center septic system on the plan. These areas must be a minimum of 3 acres outside of the 100 year floodplain.
c. Label or otherwise identify the existing residence, shed, and info pavilion.
d. Addition of the following note regarding the measures being taken to improve fire protection at the site: "The supply line will be increased from 3" to 4" with a flush-out in front of the existing wetland manager's residence on N 1250 Rd. The applicant will pay RWD #2 the cost of establishing a flush out/hydrant from their 10" line on the south side of N 1250 Rd approximately 2,200 ft west of the residence and visitor center. These changes will be completed prior to release of a certificate of occupancy for the visitor center."
2) Wakarusa Fire Chief approval of the proposed fire protection measures


Gaughan opened the item for public comment.  No comment was received.

Flory moved to approve CUP-12-00248; a Conditional Use Permit for Baker Wetlands Visitor Center Complex subject to the conditions listed above. Motion was seconded by Gaughan and carried 3-0.

PUBLIC WORKS 02-20-13
Gaughan moved to approve Home Rule Resolution HR-13-2-1amending the Road Classification map associated with the Douglas County Access Management Standards, Initially adopted by Resolution No. HR-06-10-7 and subsequently amended, as codified at Article 5 of Chapter IX of the Douglas County Code. Motion was seconded by Thellman and carried 3-0.

ACCOUNTS PAYABLE 02-20-13
Gaughan moved to approve accounts payable in the amount of $788,317.80 to be paid on 02/21/13. Motion was seconded by Flory and carried 3-0.
 
Gaughan moved to adjourn the meeting; Flory seconded and the motion carried 3-0. 

____________________________  ____________________________
 Mike Gaughan, Chair                          Nancy Thellman, Vice-Chair

ATTEST:

 ____________________________  _____________________________  
Jamie Shew, County Clerk                   Jim Flory, Member

Location

County Courthouse
1100 Massachusetts St, Lawrence, KS 66044, USA