Commission Board Meeting on Wed, June 12, 2013 - 4:00 PM


Meeting Information

4:00 p.m.

CONSENT AGENDA
(1) (a) Consider approval of Commission Orders;
(b) Consider approval of a contract with CCMSI for third party administrator services for Douglas county worker's compensation fund (Sarah Plinsky);
(c) Consider approval of low bid for supply of Highway De-Icing Salt (Keith Browning); and
(d) Consider approval of a resolution waiving GAAP procedures by the Board of County Commissioners of Douglas County, Kansas (Sarah Plinsky); and
(e) Consider agreement on workers compensation excess insurance coverage (Sarah Plinsky).

REGULAR AGENDA
(2) Receive update regarding approval of the new T2040 Metropolitan Transportation Plan. (Todd Girdler is the Planner)

(3) Consider approval to waive bidding process and authorize staff to enter into an agreement with Spillman Technologies for software and licensing related to the CAD/Mobile and Records Management (Scott Ruf)

(4) Consider awarding construction contract for E 1750 Rd surfacing E 1750 Road from Baldwin City limits to Route 12, Project No. 2013-5; CIP Project #119 (Keith Browning)

(5) a) Consider approval of a resolution providing for the adoption of an omnibus continuing disclosure undertaking relating to obligations issues and to be issued by Douglas County, Kansas
(Sarah Plinsky)

b) Consider approval of a resolution authorizing the construction of capital improvement projects of Douglas County, Kansas: and providing for the payments of the cost therefore.(Sarah Plinsky)

c) Consider approval of a resolution authorizing the offering for sale of General Obligation Bonds Refunding and Sales Tax Improvements Bonds Series 2013k of Douglas County, Kansas
(Sarah Plinsky)

(6) Authorize a Master Plan Proposal with Treanor architects for the Douglas County Fairground
(Sarah Plinsky)

(7) Executive Session to consult with attorney to receive update on litigation (Evan Ice)

(8) (a) Consider approval of Accounts Payable (if necessary)
(b) Appointments
-Douglas County Fire District No. 1 - Vacancy
-Douglas County Senior Services - Vacancy
(c) Public Comment
(d) Miscellaneous

RECESS

RECONVENE
6:35 p.m.
(9) CPA-13-00067: Consider Comprehensive Plan Amendment, CPA-13-00067, to Horizon 2020 Chapter 6 Commercial Land Use and Chapter 14 Specific Plans, Revised Southern Development Plan, to expand the S. Iowa Street commercial corridor east along W. 31st Street to include 1900 W 31st Street and identify the area as a Regional Commercial Center. Submitted by Menard, Inc. (Michelle Leininger)

(10) Adjourn


 

Gaughan called the regular meeting to order at 4:00 p.m. on Wednesday, June 12, 2013 with all members present.

CONSENT AGENDA 06-12-13

Gaughan moved approval of the following Consent Agenda:

-  Commission Order Nos.13-017 and 13-018 (on file in the office of

 the Clerk); 

-  Service Agreement between Douglas County, Kansas and Cannon Cochran Management Services, Inc. at a minimum total fee of $25,000 plus fees for loss control services, MMSEA Section 111 Reporting, managed care services, and special system reports for a one (1) year beginning on Jun 15, 2013, and terminating on June 14, 2014;

-  Acceptance of low bid for supply of Highway De-icing Salt from Central Salt for the supply of 1,500 tons of highway de-icing salt at a total cost of $70,320.00.;

-  Resolution 13-15 waiving GAAP procedures by the Board of County Commissioners of Douglas County, Kansas; and

-  Service Agreement between Douglas County, KS and Cannon Cochran Management Services, Inc. at a minimum total fee of $25,000 plus fees for loss control services, MMSEA Section 111 Reporting, managed care services, and special system reports for a one (1) year period beginning on June 15, 2013, and terminating on June 14, 2014.

 

Motion was seconded by Flory and carried 3-0.

PLANNING/TRANSPORTATION 06-12-13

Todd Girdler, Senior Transportation Planner, presented an update to the Board on the new T2040 Metropolitan Transportation Plan. The T2040 plan was approved by the Planning Commission on March 24, 2013. They are making an amendment to the Comprehensive plan for Chapter 8 and then the plan will be brought to City and County Commissions for approval. No action was taken.

EMERGENCY COMMUNICATIONS 06-12-13

Scott Ruf, Director of Emergency Communications, asked the Board to consider approval for staff to enter into an agreement with Spillman Technologies for software and licensing related to the CAD/Mobile management system using the State of Kansas, Western State Contract Alliance (WSCA). In March 2013, the Board agreed for staff to negotiate a contract with Spillman for new countywide CAD/Mobile/RMS Solution with included record management software.

Kenny McGovern, Douglas County Sheriff, stated the police department has questions regarding the records management system. The cities of Baldwin and Eudora, along with the Sheriff"s department, are close to a decision to move forward. He asked at this time for the Board to move forward on the CAD/Mobile software only.

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

Gaughan moved to authorize the Director of Emergency Communications to purchase and acquire software applications and licensing related to CAD/Mobile Management through Spillman Technologies and associated hardware and components through IP Pathways in a total amount of $907,304.00 using the 911 Fee Fund for this purchase; and authorized the Director of Emergency Communications to have change order authority for any and all amounts not exceeding $15,000.00 and for all credit and no costs amounts. The motion was seconded by Flory and carried 3-0.

PUBLIC WORKS 06-12-13

Flory moved to approve the low base bid amount of $173,048.13 to Bettis Asphalt & Construction, Inc. for Project No. 2013-5, surfacing of E 1750 Road from Baldwin City limits to Route 12 and authorize the Public Works Director to approve change orders totaling up to 10% of the contract amount. It was noted that Baldwin City is sharing the cost of the project 50/50 and will assume maintenance of the road upon project completion. Motion was seconded by Thellman and carried 3-0.

BONDS/ADMINISTRATIVE SERVICES 06-12-13

Gaughan moved to adopt Resolution 13-16 providing for the adoption of an Omnibus Continuing Disclosure Undertaking relating to obligations issued and to be issued by Douglas County, Kansas.

 

BONDS/ADMINISTRATIVE SERVICES 06-12-13

Gaughan moved to adopt Resolution 13-17 authorizing the construction of capital improvement projects of Douglas County, Kansas; and providing for the payments of the costs thereof. Motion was seconded by Thellman and carried 3-0.

  

BONDS/ADMINISTRATIVE SERVICES 06-12-13

Gaughan moved to adopt Resolution 13-18 authorizing the offering for sale of General Obligation Refunding and Sales Tax Improvement Bonds, Series 2013, of Douglas County, Kansas. Motion was seconded by Thellman and carried 3-0.

FAIRGROUNDS 06-12-13

Sarah Plinsky, Assistant County Administrator, presented the Board with a request to authorize Treanor Architects to proceed with a Master Plan Proposal for the upgrade of the Douglas County Fairgrounds. The request comes as a result of Fairground CIP Committee discussion with the Board in on June 20, 2012 where the Board directed staff to pursue a financial analysis on how improvements to the fairgrounds can be completed and incorporated into the budget.

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

Flory stated he feels this is the right way to proceed to help get closer to considering formal action.

Flory moved to authorize a Master Plan Proposal with Treanor Architects billed on an hourly base not to exceed $20,000.  Motion was seconded by Thellman and carried 3-0.

ACCOUNTS PAYABLE 06-12-13

Gaughan moved to approve accounts payable in the amount of $709,603.10

to be paid on 06/13/13 and a manual check in the amount of $44.35 paid on 06/06/13. Motion was seconded by Flory and carried 3-0.

APPOINTMENT 06-12-13

Flory moved to appoint Lori Wilkins to fill the unexpired term of Susan Wood on the Fire/EMS District No. 1 Board; and to appoint Lisa Hughes to replace Ms. Wood as President, Motion was seconded by Flory and carried 3-0.

EXECUTIVE SESSION 06-12-13

At 4:35 p.m., Gaughan moved for the Board to recess to executive session for 45 minutes (until 5:20 p.m.) for the purpose of consultation with the County Counselor to receive an update on litigation. The justification is to maintain attorney client privilege on a matter involving Douglas County. Attendees included Evan Ice, County Counselor; Craig Weinaug, County Administrator; and Sarah Plinsky, Assistant County Administrator. Motion was seconded by Thellman and carried 3-0.

 

The Board returned to regular session at 5:20 p.m. No action was taken.

RECESS 06-12-13

At 5:20 p.m., the Board recessed until the 6:35 pm. Meeting.

RECONVENE 06-12-13

At 6:35 p.m., the Board reconvened.



PLANNING 06-12-13

The Board considered the approval of  Comprehensive Plan Amendment, CPA-13-00067, to Horizon 2020 Chapter 6 Commercial Land Use and Chapter 14 Specific Plans, Revised Southern Development Plan, to expand the South Iowa Street commercial corridor east along W. 31st Street to include 1900 W. 31st Street and identify the area as a Regional Commercial Center. The application was submitted by Menard, Inc. Michelle Leininger, Lawrence-Douglas County Metropolitan Planning Staff, presented the item.

Leininger made a presentation outlining the current development and zoning maps. She stated there are limited commercial areas within the city to develop retail and the proposed commercial expansion is on an arterial street.

Tyler Edwards, Real Estate Representative for Menard, Inc., stated he has looked at any site in Lawrence large enough to put a Menard building, which included the area by the new sports complex. He feels the site on 31st street is ideal because 31st street is designed for heavy traffic and all box stores but one are on that side of town. Edwards said a 6th street location is not good because of site limitations due to a hill. The building would not be visible from locations such as Wal-Mart and K-10 Highway, and there is no retail to draw you in. He discussed the aesthetics of their proposed location on 31st Street, adding a 200" buffer to the north, a 14" tall wood fence behind for screening light, and more than 12 acres of green space. He feels their operation hours from 6:30 a.m. to 10:30 p.m. will have minimal impact on the surrounding neighbors as their business tends to be a steady flow and not a rush during peak traffic hours. 

Gaughan asked for clarification that there will not be many curb cuts for their entrances. Edward said patron will access the lot from a frontage road along 31st street with one entrance.  

 

Thellman stated that a good portion of the property is in floodplain. She asked what Menards is doing to prepare for this. Edwards stated they are doing a lot of engineering to ensure there will be no problem. The building would not be in the floodplain and is several feet above flood stage.

Scott McCullough, Director of Planning, stated the issue before the County Commission is a Comprehensive Plan amendment, not a rezoning request. The rezoning request would come later.

 

Gaughan asked McCullough to explain why a new property is calculated at the vacancy rate in consideration to square footage.

McCullough replied the current code required planning to treat any zoned commercial property as if it were developed as vacant upon completion. That is the calculation provided in all planning analysis. However, there is a proposed amendment that would alter that policy. The theory is a property may not be vacant, but the new fill could create a vacancy elsewhere after development. McCullough stated planning is starting to look at trends to determine if we have a healthy retail market. The current vacant rate is 7%. The code says there should be concern at 8%. If no other business g s

out because of Menards, McCullough predicted that rate would remain at 7% or drop.

Gaughan opened the item for public comment.

Kirk McClure, 707 Tennessee Street, stated he is opposed to the amendment to the Comprehensive Plan. He disagrees with the Code saying an 8% vacancy rate is acceptable. McClure says we have over built our community. He suggested the City of Lawrence gave incentives to Home Depot to locate here after Payless closed. McClure said Lawrence should be the one receiving incentives for companies to locate here.

Gaughan said the record the Board received was very thorough. He agreed with Commissioner Flory that the issue before the Board is about amending the Comprehensive Plan. We already have commercial business in place here. The way the Comprehensive Plan is written we cannot expand along 31st Street. So, we have to amend the Comprehensive Plan to accommodate the request. However, Gaughan said things are starting to happen on the north side of Lawrence and the arguments against expansion on that side of town will soon longer be valid. He believes a Menards can exist beside a Home Depot and the commercial works in the proposed location. He supports the amendment and joint resolution.

Flory said the request makes sense. He is familiar with the area and knows the transition. This proposal is something we want to consider. When we have flood plain that provides us a neutral barrier to the commercial development, the neighborhoods unopposed and supportive of the amendment, we should be supportive.

Thellman said it makes sense to put like businesses together to be successful. Automobile dealerships do that. Big box stores bring other big box shopping to the area. This is not sprawl; it is a natural fit for the area, like infill. She said she expects commercial activity to the northwest will increase over time. Thellman said overall she is supportive of amendment.

Flory moved to approve CPA-13-00067, to Horizon 2020 Chapter 6 Commercial Land Use and Chapter 14 Specific Plans, Revised Southern Development Plan, to expand the South Iowa Street commercial corridor east along W. 31st Street to include 1900 W 31st Street and identify the area as a Regional Commercial Center; and further approve the following joint Ordinance/Resolution to carry this forward as follows: Resolution 13-19 amending Horizon 2020, The Comprehensive Plan for the City of Lawrence and unincorporated Douglas County, Chapter 6-Commercial," by revising therein "Lawrence -Existing commercial areas, S. Iowa Street (23rd Street to K-10)," and "Chapter 14 " Specific plans," by revising therein the "Revised Southern Development Plan: to designate the property north of West 31st Street between south Iowa Street and the floodplain as commercial land use, by adopting and incorporating herein by reference "Horizon 2020, the Comprehensive Plan for the City of Lawrence and unincorporated Douglas County, June 2013 Edition," as prepared and published by the Lawrence-Douglas County Metropolitan Planning Office. Motion was seconded by Gaughan 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