WEDNESDAY, JUNE 14, 2017
(1) (a) Consider approval of Commission Orders; and
(b) Consider approval of Douglas County Personnel Policies 2017 Update (Sarah Plinsky);
(c) Consider approval of a County resolution appointing Steven W. Miles as Douglas County Appraiser (Craig Weinaug); and
(d) Consent Agenda approval of construction contract for Project No. 2015-61, Replacement of E 15th St (N 1500 Rd) culvert (Str. No. 15.00N-16.24E), Replacement of N 1550 Road culvert (Str. No. 15.40N-16.22E), Channel relocation along west side of E 1625 Road (Keith Browning)
(2) Receive presentation of Douglas County Food System Plan; consider changes and, if appropriate, approve for adoption. (Helen Schnoes)
(3) Presentation from Sheriff on 2018 Budget issues (Ken McGovern)
(4) Update and presentation on Socrata Open Budget project (Jill Jolicoeur/Brook Sauer)-
(5) Consider approval of Accounts Payable (if necessary)
-Board of Zoning Appeals (1) position 10/16
-Lawrence-Douglas County Housing Authority Board (1) position 06/17
-Metropolitan Planning Commission – Positions (2) 05/17
-Palmyra Township Trustee position
-CJCC position-Community Representative (1) position-Derusseau Appointment
(c) Public Comment
(6) 17-00155: Rezoning approximately 26.995 acres from County A (Agricultural) District to I-3 (Industrial) District, located directly east of 1705 N 1399 Rd.
(7) SP-17-00156: Site Plan for RD Johnson Excavating, located at 1705 N 1399 Road, 1702 N 1360 Road, and parcel east of 1705 N 1399 Road. Submitted by Law Office of Dan Watkins on behalf of RD Johnson Excavating Company LLC, property owner of record. Becky Pepper is the Planner.
(8) SP-16-00170: Site Plan for Rural Water District #6, located at 1800 E 1200 Rd. Submitted by Grob Engineering Services, for Taylor Four, LLC, property owner of record. Becky Pepper is the Planner.
June 14, 2017
Gaughan called the regular meeting to order at 4:00 p.m. on Wednesday, June 14, 2017 with all members present.
CONSENT AGENDA 06-14-17
Gaughan moved approval of the following Consent Agenda:
► Commission Order No. 17-025 (on file in the office the County Clerk);
► Accepted and approved the Douglas County Personnel Policy 2017 update;
► Resolution 17-20 appointing Steven W. Miles as Douglas County Appraiser for a four-year term; and
► Construction contract with King’s Construction in the low bid amount of $665,184.20 for Project No. 2015-61, the replacement of Structure Nos. 15.99N-16.24E and 15.40N-16.22E, and the relocation of the drainage channel along the west side of E 1625 Road, and authorized for the Public Works Director or approve change orders totaling up to 10% of the contract amount.
Motion was seconded by Thellman and carried 3-0.
WALK-ON PUBLIC WORKS 06-14-17
Gaughan moved to authorize the BOCC Chair to sign a Memorandum of Understanding with Jefferson County stipulating Douglas County will initially pay for any project costs exceeding funds available in the Landfill Road Maintenance Fund, and Jefferson County will reimburse Douglas County for any such payments as funds become available in the Landfill Road Maintenance Fund; and Awarded a construction contract with Hamm in the low total bid amount of $529,087.49 for Project No. 2015-18, the realignment of the Hamm Landfill access road (N 2100 Road), and; Authorized the Public Works Director to approve change orders totaling up to 10% of the total contract amount. Motion was seconded by Thellman and carried 3-0.
The Board received a presentation on the Douglas County Food System Plan from Helen Schnoes, Food Systems Coordinator.
The Horizon 2020 Steering Committee asked the Douglas County Food Policy Council (DCFPC) and its staff to develop a set of goals, objectives and policies to ensure the master plan is fitting the true needs of the community concerning agricultural land and rural character preservation and local food system development. The council came up with five goals:
1. Ag producers, food entrepreneurs and food sector workers thrive in our regional economy;
2. As our cities grow, we prioritize natural recourse conservation and maintain working lands to promote soil health;
3. We build and design our communities to ensure healthy food access and maintain working deserts;
4. Our community fosters an equitable food system;
5. Our community eliminates waste in our local food system.
The final plan will also be presented for adoption to the City Commission on July 11 and incorporated by reference into the revised comprehensive plan.
Gaughan opened the presentation to other Food Policy Council Members.
Thellman said she has some minor revisions she would share with the council. She would like to see the Sunrise Project Community Coordinator memorialized in the plan with a photo added.. This group deserves recognition. It was a group of citizens devoted to the project who did some of the hardest work.
The item will come back to the Commission for final adoption on June 28.
BUDGET PRESENTATION FROM SHERIFF 06-14-17
Ken McGovern, Douglas County Sheriff, made a presentation to the Board on his 2018 budget proposal. He asked the Commission for five (5) patrol deputies and a reentry case manager because the current case manager is spread thin due to the number of inmates.
Gaughan asked the Sheriff whether he thought that the department had been understaffed for some time. McGovern stated that is correct. The turnover has been great and he has a number of deputies retiring. He can only get a limited number into the academy. Scheduled events, with many requiring as many as 17 deputies, puts a hardship on the department.
Thellman asked to hear more about that and what is the cost he projects in 2018 to transport inmates. McGovern replied the inmate population today is 234. If reentry does not succeed, the numbers will grow. He projected the cost of outsources inmates for 2018 at $1.5 million. McGovern said everyday they have to reach further and further out for housing. The 2017 outsource budget was $960K. We are doing more transporting due to state changes.
Thellman asked McGovern what is the furthest County he is currently transporting inmates to. McGovern replied Chase County, 2.5 hours away.
Jill Jolicoeur, Assistant to the County Administrator; and Brooke Sauer, Budget Assistant, made a presentation to the Board on the Socrata Open Budget project. Socrata creates an online interactive budget book that is more automated and easier for the public to pull information.
Thellman moved to nominate Luke Sinclair to the Lawrence-Douglas County Planning Commission for a three-year term. Motion was seconded by Derusseau and carried 3-0.
At 5:45 p.m. the Board took a recess until 6:00 p.m.
The Board return to regular session at 6:00 p.m.
Gaughan moved to approve SP-16-00170, Site Plan for Rural Water District #6, located at 1800 E 1200 Road. The application was submitted by Grob Engineering Services, for Taylor Four, LLC, property owner of record. Motion was seconded by Derusseau and carried 3-0.
The Board considered Z-17-00155, a rezoning of approximately 26.995 acres from County A (Agricultural) District to I-3 (Industrial) District, located directly east of 1705 N 1399 Road. The application was submitted by the Law Office of Dan Watkins on behalf of RD Johnson Excavating Company LLC, property owner of record. Becky Pepper, Lawrence-Douglas County Metropolitan Planning Staff, presented the item.
The request for rezoning will bring the subject property into conformance with the Comprehensive Plan and the Southeast Area Plan, and will provide additional areas for the uses occurring on the contiguous properties owned by the applicant. The property is currently surrounded by industrial property, agriculture, Public Works facility, the Douglas County jail and the Community Shelter. The property is planned for industrial use.
The property is located east of the Lawrence city limits. RD Johnson Excavating Company, LLC also owns three adjacent properties to the west. Two of these properties are located in the county, and one property is located in the city limits. Staff and the applicant discussed if it would be appropriate to annex the county properties. It was determined that because the use does not require municipal services, the timing does not necessitate annexation at this time. Conditions requiring an agreement to annex will be included in the site plan report.
Staff recommends approval based on the following findings of fact:
I. Zoning and land uses of surrounding properties. As proposed the subject property will be uniformly zoned similar to properties locate west and north of the property.
II. Character of the area. The area is characterized by the industrial land uses, agricultural uses and rural residences. The industrial zoning request for the subject property would be compatible with the character of the area given the existing industrial uses.
III. Suitability of subject property for the uses to which it has been restricted. Based on the proximity to other industrial uses, and the future land use identified in the Southeast Area plan, the property appears to be suitable for industrial development.
IV. Length of time subject property has remained vacant as zoned.
This property has been zoned for agricultural use since 1966 when the County adopted zoning regulations for the unincorporated areas of the County. The subject property is undeveloped. Previous to the property’s current state, the majority of the property was covered by a wooded area, with an agricultural use along N 1360 Road. Aerial photos indicate that the wooded area was cleared at some point between the years of 2003-2006, however no development occurred on the site at that time. The agricultural use also ceased to exist. Aerial photos also show that the property has been used to store materials since at least 2012.
V. Extent to which removal of restrictions will detrimentally affect nearby property. It is not anticipated that rezoning this property for industrial use will have an adverse effect. Introduction of an industrial use will require buffering from the adjoining residential and agricultural land uses along the east and south sides of the subject property. A site plan application for the subject property and the two adjoining RD Johnson properties was submitted concurrent with the zoning application. The site plan is under review and will be presented to the Board of County Commissioners for approval.
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 are no detrimental impacts associated with the approval of the rezoning anticipated on nearby properties.
VII. Conformance with the comprehensive plan. The request for I-3 zoning is consistent with chapter 7 of Horizon 2020, and the Southeast Area Plan. The proposed rezoning is in conformance with the Comprehensive Plan and is compliant with the area plan.
VIII. Professional staff recommendation. Staff recommends approval of the request to rezone approximately 26.995 acres from County A (Agricultural) District to I-3 (Industrial) District as it is the appropriate zoning district for the subject property.
There was discussion regarding the portion of the road that has been annexed in to the city limits of Lawrence that should be maintained by the city. Pepper said she would be happy to facilitate that conversation with city officials. That portion of the road is no longer the township responsibility.
Gaughan opened the item for public comment. No comment was received.
Gaughan moved to authorize the rezoning request Z-17-00155, a rezoning of approximately 26.995 acres from County A (Agricultural) District to I-3 (Industrial) District. Motion was seconded by Derusseau and carried 3-0.
The Board also considered SP-17-00156, a site Plan for RD Johnson Excavating, located at 1705 N 1399 Road, 1702 N 1360 Road, and parcel east of 1705 N 1399 Road. The application was submitted by Law Office of Dan Watkins on behalf of RD Johnson Excavating Company LLC, property owner of record. Becky Pepper, Lawrence-Douglas County Metropolitan Planning Staff, presented the item.
The site plan includes three properties under the same ownership. The request is intended to facilitate storage of excavation materials associated with RD Johnson Excavating Company on the parcel east of 1705 N 1399 Road. The three properties are included in the site plan because of the internal site circulation between the three sites and the shared access from N 1360 Road. This request was submitted and discussed concurrently with the rezoning request Z-17-00155. The properties are not located within the city limits. Annexation is not necessary at this time because the uses do not require municipal services. Annexation will be required if or when municipal services are needed.
Staff recommends approval of site plan SP-17-00156 subject to the following conditions:
1. Submittal of a revised site plan with the following changes:
a. Provide a 40’ setback along the southwest and southeast property lines of the parcel east of 1705 N 1399 Road. The additional setback will provide a buffer area between the residences located at 1708 N 1360 Road and 1736 N 1360 Road.
b. Add a note indicating that trash will not be stored outdoors and trash removal will be the responsibility of the property owner.
c. Two accessible parking spaces are required when between 26 and 50 parking spaces are provided. Because 33 spaces are provided, one additional accessible space shall be added.
d. Add a note that indicates that at least 100 ton of rock will be donated once by RD Johnson Excavating Company for roadway improvements on the approximately 325 feet of unimproved E 25th Street within the city limits.
e. Add a note that states, “Property Owner will request annexation into the City of Lawrence if municipal services are required in the future.”
Gaughan opened the item for public comment. No comment was received.
Gaughan moved to approve SP-17-00156, a site Plan for RD Johnson Excavating, located at 1705 N 1399 Road, 1702 N 1360 Road, and parcel east of 1705 N 1399 Road subject to the above listed conditions. Motion was seconded by Thellman and carried 3-0.
Gaughan moved to adjourn the meeting. Motion was seconded by Thellman and carried 3-0.
Mike Gaughan, Chair Nancy Thellman, Vice-Chair
Jamie Shew, County Clerk Michelle Derusseau, Member