Meeting Information
WEDNESDAY, JANUARY 14, 2015
4:00 p.m.
-Election of Commission officers
-Proclamation declaring January 14th through the 21st as the Dr. Martin Luther King Jr. Week
(Paul Winn)
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders;
(b) Consider approval of Cereal Malt Beverage License for Clinton Submarina (Clerk’s Office);
(c) Consider approval of Cereal Malt Beverage License for Clinton Marina (Clerk’s Office);
(d) Consider approval to grant additional easements in Broken Arrow Park for City of Lawrence force mains construction (Public Works);
(e) Consider approval for 2015 Service and Maintenance contracts for Douglas County Emergency Communications (Lori Alexander);
(f) Consider approval of KDOT Local Bridge Improvement Program funding agreement for replacement of Bridge No. 09.58N-09.00E (Keith Browning);
(g) Confirm the County Administrator’s approval of the 2015 outdoor warning siren maintenance agreement in the amount of $24,379.20 with Blue Valley Public Safety(Jackie Waggoner); and
(h) Consider approval to waive the purchasing policy and enter into a contract with K&W Underground to run fiber from the Douglas County Jail to the new Public Works facility
(Jim Lawson)
REGULAR AGENDA
(2) Consider request from Ecumenical Fellowship, Inc. for $1,500 in Douglas County funds to help implement the 2015 MLK Community programs (Paul Winn)
(3) Public Works Consider authorizing the Public Works Director to apply to KDOT for a federal funds exchange to reimburse costs of Project No. 2012-14, Route 458 improvements from approximately 1050E to US-59 highway, completed in 2014
(Keith Weinaug)
(4) Consider a Comprehensive Plan Amendment, CPA-14-00459, to Horizon 2020, Chapter 14 (West of K-10 Plan) to change designations from Low Density Residential, High Density Residential, and Residential Office, to Commercial Center - CC600, located at 6200 W. 6th Street. Submitted by Steven B. Schwada and Timothy B. Fritzel, co-managers of K-10/40 Development LC on behalf of TAT Land Holding Company LC, JDS Kansas LC, Kentucky Place LC, Venture Properties Inc, Sojac Land Company LC, Scotsdale Properties LC, and Tanglewood LC, property owners of record. Joint City Ordinance No. 9069/County Resolution, for Comprehensive Plan Amendment (CPA-14-00459) to Horizon 2020, Chapter 14 (West of K-10 Plan) to change designations from Low Density Residential, High Density Residential, and Residential Office, to Commercial Center - CC600, located at 6200 W. 6th Street. (PC Item 2; approved 8-1 on 12/15/14) (Jeff Crick)
(5) (a) Consider approval of Accounts Payable (if necessary)
(b) Appointments
-Board of Zoning Appeal (1) eligible for reappointment 10/2014
-Building Code Board of Appeals (1) eligible for reappointment 12/2014
-Douglas County Fair Board (1) (Palmyra) 01/15
-Clinton Township Treasurer Position
-Douglas County Senior Services Board of Directors (2) positions
(c) Public Comment
(d) Miscellaneous
RECESS
RECONVENE
6:35 p.m.
(6) CUP-14-00451:Consider a Conditional Use Permit for a new 199’ self-supporting communication tower located on the south side of N 850 Rd and the east side of E 1296 Rd in Pleasant Grove. Submitted by James Cardinal on behalf of Horvath Towers and Leo and Sheryl Beier property owners of record. (PC Item 1; approved 9-0 on 12/15/14) (Sandra Day)
(7) Adjourn
January 14, 2015
Thellman called the regular meeting to order at 4:00 p.m. on Wednesday, January 14, 2015 with all members present.
APPOINTMENT OF COUNTY COMMISSION POSITIONS 01-14-15
Thellman moved to appoint Jim Flory as the 2015 Chair of the Board of County Commissioners. Motion was seconded by Gaughan and carried 3-0.
Thellman moved to appoint Mike Gaughan as the 2015 Vice Chair of the Board of County Commissioners. Motion was seconded by Flory and carried 3-0
PROCLAMATION 01-14-15
Flory moved to proclaim January 14-21, 2015 as “Dr. Martin Luther King, Jr. Week” in Douglas County, Kansas. Motion was seconded by Thellman and carried 3-0.
DONATION 01-14-15
Flory moved to approve a donation in the amount of $1,500.00, per the request of The Ecumenical Fellowship, Inc., to help advertise the 2015 Martin Luther King Jr. Community programs. Motion was seconded by Thellman and carried 3-0.
CONSENT AGENDA 01-14-15
Thellman moved approval of the following Consent Agenda:
► Commission Order Nos. 15-001, 15-002, 15-003, 15-004, 15-005,
15-006, and 15,007 (on file in the office of the County Clerk);
► Resolution 15-01 granting cereal malt beverage license to Clinton Submarina;
► Resolution 15-02 granting cereal malt beverage license to Clinton Marina;
► Approval for the Chair to sign documents granting to the City of Lawrence an additional permanent Sanitary Sewer Easement and additional Temporary Sanitary Sewer Construction Easement within a portion of Broken Arrow Park;
► Emergency Communications Director to approve 2015 service and maintenance agreements as follows:
Motorola Solutions Service Agreement #S00001019825 $27,118.80
Lecompton Tower Site Lease Payment (January-December 31, 2015) $19,800.00
Globe Tower Site Property Lease Payment (January-December 31, 2015) $13,200.00
IP Pathways NetApp Renewal Fee (January-December 31, 2015) $12,758.74
Voice Products Service Agreement (April-December 31, 2015) $ 7,776.75
Central Power Service Agreement (January-December 31, 2015) $16,869.00
P1 Group, Inc. Service Agreement (January-December 31, 2015) $11,832.00
The total for all contracts is $109,335.29.
► KDOT Agreement No. 569-14 providing for Local Bridge Improvement Programs funding for Project No. 23 C-4731-01, the replacement of Bridge No. 09.58N-09.00E;
► The Board of County Commissioners confirms the County Administrator’s approval of the 2015 Outdoor Warning Siren Maintenance Agreement in the amount of $24,379.20 with Blue Valley Public Safety;
► Waived the purchasing policy and authorized the County Administrator to sign a contract in the amount of $27,591 with K&W Underground to run fiber optic cabling from the Douglas County Jail to the new Public Works facility and also authorized the County Administrator to approve Change orders up to $2,000.
Motion was seconded by Gaughan and carried 3-0.
PUBLIC WORKS 01-14-15
Keith Browning, Director of Public Works, introduced Chad Voigt as the new County Engineering Division Manager, replacing retired Terese Gorman.
Browning asked the Board to consider a federal funds exchange with KDOT. KDOT shares with cities and counties a portion of federal-aid transportation dollars made available to the State of Kansas. Most of the programs are comprised of a Surface Transportation Program (STP) or Highway Bridge Program (BR). KDOT has implemented a Federal Funds Exchange (FFE) program under which local agencies may exchange their share of federal funding obligation authority for state funds at a ratio of $0.90 state funds for $1.00 federal funds. As state funds carry fewer restrictions than federal funds, this would allow state funds to be used towards virtually any road or bridge project, including maintenance projects. Though the funds received for the exchange is slightly less, typically federal-aid projects tend to run at least 10-20% more due to higher wage rate rules and inefficiencies due to cumbersome KDOT bureaucracy. Construction inspection costs on federal projects tend to run 50% higher than locally funded projects due to the required documentation.
Thellman asked for an explanation on how our funds are transferred from a federal account to a state account. Browning explained the federal funds are in a KDOT account. KDOT chooses to pass through the funds to cities or counties. If we make the change, KDOT gives the money as a reimbursement.
Douglas County currently has approximately $1.2 million in federal funding obligation authority banked with KDOT. Browning suggested the County apply for reimbursement for costs of the Route 458 improvement project completed in summer 2014, depleting our federal fund balance and to put that money in the CIP earmarked for certain projects.
Gaughan asked if our annual work load is flexible enough to take advantage of this program where we can choose not to use all funding in a particular year and bank funds for a future project. Browning stated it is his understanding that is correct.
Gaughan asked what kinds of projects KDOT can use these funds for when they have them. Browning replied major highway projects.
Flory opened the item for public comment. No comment was received.
Browning stated if approved the County will receive a check that will be deposited and shown as a revenue in the CIP. He wants to make sure the funds are earmarked for 458 from Route 1 to Banning’s Corner project.
After discussion, Flory moved to authorize the Public Works Director to apply to KDOT for a federal funds exchange to reimburse costs for Project No. 2012-14, Route 458 improvements from approximately 1050E to US-59 highway completed in 2014. Motion was seconded by Gaughan and carried 3-0.
PLANNING 01-14-15
The Board considered a Comprehensive Plan Amendment, CPA-14-00459, to Horizon 2020, Chapter 14 (West of K-10 Plan) to change designations from Low Density Residential, High Density Residential, and Residential Office, to Commercial Center - CC600, located at 6200 W. 6th Street. The application was submitted by Steven B. Schwada and Timothy B. Fritzel, co-managers of K-10/40 Development LC on behalf of TAT Land Holding Company LC, JDS Kansas LC, Kentucky Place LC, Venture Properties Inc, Sojac Land Company LC, Scotsdale Properties LC, and Tanglewood LC, property owners of record. Jeff Crick, Lawrence-Douglas County Metropolitan Planning Staff, presented the item.
Flory asked if the main consideration for the amendment is to bring the plan in compliance with the nature of the area that has changed with the construction of Rock Chalk. Crick said that is correct. West of K-10 has significantly changed since the comprehensive plan was first adopted.
Thellman stated she still would like to see a residential and retail mix as part of the new urbanism the County is aiming for. Crick said changing to the CC600 will not eliminate the possibility of a residence above a store front.
Flory stated any activity that takes place in this area would impact the Baldwin Creek Drainage Basin and he asked if that would be taken into account. Crick stated it would.
Matt Gough, Barber Emerson L.C. representing K-10 Development L.C., stated the amendment is to bring the plan into compliance with reality. When the NW area plan was developed in 1996 the tract know as Rock Chalk Park and Sports Pavilion was planned for single family residential. When the current zoning was approved between 2006-2009, the possibility of single family to the north of the site caused the plan in the zoning to have a buffer. Since Rock Chalk Park and Sports Pavilion has been built, there is no longer a need for a buffer on the northern site.
Gaughan asked why the amendment to the plan doesn’t mention Rock Chalk Park or the Sports Pavilion. Crick replied Rock Chalk Park is outside the scope and doesn’t have any bearing on the amendment process.
Gaughan also asked where the planned Sixth Street and K-10 Fire Station will be located. Crick said he did not have that information.
Thellman asked Crick to review the year of first adoption of the West of K-10 Plan as she believes is was later 2000s as opposed to the listed 2003 date.
Gaughan moved to approve CPA-14-00459 Comprehensive Plan Amendment to Horizon 2020 Chapter 14; Specific Plans, Specifically to revise the future land use map in the West of K-10 Plan to expand the Commercial Center – CC600. Motion was seconded by Flory and carried 3-0.
ACCOUNTS PAYABLE 01-14-15
Flory moved to approve accounts payable in the amounts of $180,991.28 paid on 01/08/15, $1,558,273.37 paid on 12/20/14, $230,420.66 paid on 12/31/14, and $739,882.00 paid on 01/15/15; and a manual check in the amount of $15.00 paid on 12/02/14. Motion was seconded by Gaughan and carried 3-0.
APPOINTMENT 01-14-15
Thellman moved to appoint Becky Bentley to represent Palmyra Township on the Douglas County Fairboard for a term to expire 2021. Motion was seconded by Flory and carried 3-0.
MISCELLANEOUS 01-14-15
Flory stated he would like the Board to consider moving forward with the Public Building Commission (PBC) to oversee future Douglas County projects and requested staff proceed with drafting the necessary documents to create this Commission. Any desire to construct a building for $300,000.00 that is not covered under an existing bond would require an election or would need to be managed by a PBC.
Flory also expressed desire to have staff move forward with enabling legislation for a sales tax election as an option for future County needs.
Sarah Plinsky, Assistant County Administrator, stated she would like to have a CIP discussion at the February 4, 2015 meeting regarding financing options, where we are on projects, and what projects are on a five-year plan all of which will encompass a community discussion.
RECESS 01-14-15
At 4:47 p.m., Flory moved for the Board to recess until 6:35 p.m.
RECONVENE 01-14-15
The Board returned to regular session.
PLANNING 01-14-15
The Board considered CUP-14-00451, a Conditional Use Permit for a new 199’ self-supporting communication tower located on the south side of N 850 Road and the east side of E 1296 Road in Pleasant Grove. The application was submitted by James Cardinal on behalf of Horvath Towers and Leo and Sheryl Beier property owners of record. Sandra Day, Lawrence-Douglas County Metropolitan Planning Staff, presented the item.
Staff recommends approval of the CUP based upon the following Findings of Fact:
I. Zoning and uses of the property. The predominate zoning and land use on the west side of E 1296 Road (Old Highway 59) is rural residential. The balance of the area is zoned and used for agricultural purposes with scattered homes in the remaining area. Towers are allowed in the Agricultural District subject a Conditional Use Permit.
II. Character of the area. This is a rural area with the following features which are defined as environmentally sensitive lands in the Subdivision Regulations: stream corridors, regulatory floodway and floodway fringe, and stands of mature trees which are part of a larger contiguous network. In addition to these features, steep slopes and high quality soils are also located in the surrounding area. Additionally there are numerous rural residential homes in the area.
III. Suitability of subject property for the uses to which it has been restricted. The subject property, zoned A (Agricultural) District, is a suitable district for the proposed use. The base zoning district is not altered by this request. A communication tower is an allowed use in the A (Agricultural) District subject to a Conditional Use Permit.
IV. Length of time subject property has remained vacant as zoned. The property is vacant. The zoning has remained unchanged since 1966.
V. Extent to which removal of restrictions will detrimentally affect nearby property. Detrimental effects are mostly likely to be categorized as aesthetic in nature. The base zoning district is appropriate for the request. The height of the tower mitigates the requirements for lighting. The location of mature trees in the area will aid in buffering the tower from direct line of site from most property owners.
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 landowner. The benefit to the public is improved cellular communication and wireless data capacity within the Verizon network and along the Highway 59 corridor. Additionally, the structure provides an opportunity for other carriers to co-locate in the future. If denied, the property can continue to be used for current land uses and those uses allowed per the existing zoning of the property.
VII. Conformance with the comprehensive plan. The comprehensive plan does not provide any specific land use recommendations regarding communication towers. A Conditional Use Permit can be used to allow specific non- residential uses subject to approval of a site plan. This tool allows proportional development in harmony with the surrounding area. The proposed request is consistent with the Comprehensive Plan.
James Cardinal, Fortune Wireless representing Horvath Communications, discussed the process he went through to locate the proposed site that meets both the jurisdiction requirements and the applicant’s requirements. He mentioned Douglas County prefers companies co-locate when possible, but he did not find a viable co-location.
Also present for questions were Hank Madden, radio frequency engineer for Verizon Wireless; Mark Johnson, local attorney; Jason Riggs, Verizon Wireless.
Riggs mentioned the new tower would open up co-location opportunities for other carriers. He also stated the FCC requires towers at a height of 200 feet must be lighted. Verizon plans to construct this tower at an overall height of 199 feet to try to avoid having to be lighted. Riggs showed a detailed plan of the standard structure building and tower for Verizon Wireless who is the anchor tenant.
Flory opened the item for public comment. No comment was received.
Flory stated the County Commission received one written correspondence in opposition of the proposed application.
Flory stated it is clear the site will provide for a gap in coverage in this area the overall benefits favor approval.
Flory moved to approve CUP-14-00451 of a Conditional Use Permit for a communication tower located in the 1200 block of N 850 Road. Motion was seconded by Gaughan and carried 3-0.
MISCELLANEOUS /MEETING TIME 01-14-15
It was the consensus of the Board to change the evening meeting time of the County Commission from 6:35 p.m. to 6:00 p.m. starting immediately.
Flory moved to adjourn the meeting; Gaughan seconded and the motion carried 3-0.
____________________________ ____________________________
James E. Flory, Chair Mike Gaughan, Vice-Chair
ATTEST:
___________________________ _____________________________
Jamie Shew, County Clerk Nancy Thellman, Member
Time and Date