WEDNESDAY, AUGUST 9, 2017
-Proclamation for “Farmer’s Market Week” (Helen Schnoes)
(1) (a) Consider approval of Commission Orders; and
(b) Consider Disaster Relief request for KSA 79-1623 (Steve Miles);
(c) Consent Agenda approval of resolution establishing 35 mph speed limit for N 1550 Road and E 1625 Road east of Lawrence (Keith Browning);
(d) Consent agenda approval of 5 Ton commercial weight limit resolution for E 1700 Road from N 1300 Road to N 1360 Road (Keith Browning); and
(e) Consent Agenda approval of resolution establishing 35 mph speed limit for E 1700 Road from N 1300 Road to N 1360 Road (Keith Browning)
(2) Public Hearing to receive public comment on the 2018 Budget and consider approval of a County resolution expressing the property taxation policy of the Douglas County Commission with respect to financing the annual budget for 2018.
(3) Consider approval of an Agritourism Application at 1919 N 1500 Road for Li’l Charlie’s Pumpkin Patch (Sean Reid/Tonya Voigt)
(4) Consider approval of a Special Event Permit for the Luke Bryan Farm Tour Concert located at 1038 N 600 Road to be held on September 29, 2017. The application was submitted by Dennis Freeman with Row Crop LLC, representing the property owner of record. (Sean Reid/Tonya Voigt)
(5) (a) Consider approval of Accounts Payable (if necessary)
-Board of Zoning Appeals (1) position 10/16
-Building Code of Appeals Board (2) positions 12/16
-Community Corrections Advisory Board
-Heritage Conservation Council (3) positions
(c) Public Comment
August 9, 2017
Gaughan called the regular meeting to order at 6:00p.m. on Wednesday, August 9, 2017 with all members present.
Gaughan moved to approve a proclamation declaring August 6-12, 2017 as Farmer’s Market Week in Douglas County. Motion was seconded by Thellman and carried 3-0.
CONSENT AGENDA 08-09-17
Gaughan moved approval of the following Consent Agenda:
► Commission Order No. 17-031(on file in the office the County Clerk);
► Disaster relief in the amount of $2,113.28 granted as a credit toward property taxes for subject property PIN 023-216-13-0-00-00-005.00-0 located at 1324 N 1 Road, Baldwin City. Amount was prorated and applied to the 2017 property taxes;
► Resolution 17-25 establishing a 35 miles-per-hour maximum speed limit on a portion of E 1700 Road in Wakarusa Township;
► Resolution 17-26 establishing a 5 ton weight limit for commercial vehicles on a portion of E 1700 Road in Wakarusa Township; and
► Resolution 17-27 establishing a 35 miles-per-hour maximum speed limit on a portion of N 1550 Road and E 1625 Road in Wakarusa Township.
Motion was seconded by Thellman and carried 3-0.
PUBLIC HEARING/2018 BUDGET 08-09-16
Gaughan moved to open a public hearing to receive public comment on the 2018 Budget. Motion was seconded by Thellman and carried 3-0.
No comment was received. Gaughan moved to close the public hearing. Motion was seconded by Thellman and carried 3-0.
Gaughan moved to approve the 2018 Budget and Resolution 16-35 expressing the property taxation policy of the Douglas County Commission with respect to financing the annual budget for 2018. Motion was seconded by Derusseau and carried 3-0.
ZONING AND CODES 08-09-17
The Board considered approval of an Agritourism Application at 1919 N 1500 Road for Li’l Charlie’s Pumpkin Patch, a registered Agritourism business with the Kansas Department of Wildlife, Park and Tourism (KDWPT) owned by Richard Strong. Sean Reid, Director of Zoning and Codes, presented the item.
The proposed pumpkin patch is seasonal in nature, typically September through October; Friday through Sunday. The event will offer 40 off-street parking spaces and additional off street overflow area. Portable toilets and potable water will be on site and approved by the Douglas County Health Department. Proposed activities include: a u-pick pumpkin patch, farm related exhibits and tours, corn maze, farm petting zoo, farm scavenger hunt, farm games, wagon rides, photo opportunities, pumpkin launching, bouncy house, kiddie barrel train ride and refreshments. Exterior lighting used in conjunction with the agritourism use shall be prohibited. Staff recommends an annual review and updated site plan after season one to address any increase in designed parking spaces. The site plan should include a note that customer parking will not be allowed on N 1500 Road. Adequate parking should be provided on private property. With the change to commercial use, the landowner will assume responsibility for maintenance of the existing entrances on N 1500 Road. No additional entrances will be permitted. The right-of-way line should be marked with a fence, cable, flagging or similar visual barrier to prevent drivers from entering N 1500 Road at other locations. Reid said he did hear from a neighbor this evening before the meeting voicing his concern about the condition of the property.
Gaughan asked after the first year site review if staff plans to bring the item back before the Commission. Reid responded “yes.”
Gaughan asked if staff has reviewed the garage structure where the applicant plans to take money. Reid responded not yet, staff will inspect the structure. Gaughan then asked if the application is for year-around activities. Reid said the intent is for mid-September through early November.
Thellman asked if the Agritourism business is limited to the pumpkin patch and cannot extend to other activities outside the pumpkin patch business. Reid responded that is the intent. Gaughan said he is concerned the application doesn’t list a date range of activities. He wants there to be no confusion that this is a quarterly activity. Reid said the Commission can place that as a condition of approval. Staff’s vision of reexamination is to determine if there has been any expansion of the original activity proposal.
Thellman said the applicant listed on the application that on weekends “you’ll find extra fun.” She asked for the description and dates of operation to be clarified. Reid asked for the applicant to provide that information.
Richard Strong, applicant, responded the business would be open seven days a week starting the third or fourth week of September though he doesn’t expect a lot of traffic during the week due to kids being in school. His bigger attractions will be offered on the weekends. There will only be half-staff working during the week. He also said he was under the impression the application allow his business to run through the entire year.
Thellman stated there is already a lot of traffic generated from a very successful pumpkin patch and people do not want the streets blocked. She asked how the applicant plans to enforce the off-street parking. Reid stated he feels there will be adequate parking for the attendees and there will be parking lot management by the property owner and pumpkin patch staff.
Thellman stated we need some clarity as the application was marked for a seasonal event and what was listed on the application was a pumpkin patch. What the Commission will act on at this meeting is the pumpkin patch limited to the season description.
Sarah Plinsky stated that since the hours of operation were not listed in the memorandum for Zoning and Codes, we should amend that with the hours agreed to by Mr. Strong as 9 a.m. to dark. Reid agreed the record will state the hours will be 9 a.m. to dark.
Gaughan opened the item for public comment. No comment was received.
Strong stated he was under the impression the application was for all year around events under the agritourism plan. Gaughan responded it is but the event described on the application is very limited to pumpkin patch events.
Plinsky stated all events must be noted in the business plan or written in a document attached to the application.
Strong stated he planned to have a farmer’s market next summer and thought that was covered as part of agritourism. Plinsky responded a farmer’s market should be written in the business plan that outlines all the activities proposed on the site.
Gaughan responded what we are concerned with is expectations of neighbors and what is listed on the application. The Board is willing to approve tonight the pumpkin patch listed. He suggested Strong work with staff on what will fit with agritourism rules and to come back before board with a more comprehensive plan.
Gaughan moved to approve an Agritourism Application at 1919 N 1500 Road for Li’l Charlie’s Pumpkin Patch, with the timeline period as written in the staff report, and the hours of operation to be noted as 9 a.m. to dark. Motion was seconded by Thellman and carried 3-0.
ZONING AND CODES 08-09-17
The Board considered the approval of a Special Event Permit for the Luke Bryan Farm Tour Concert located at 1038 N 600 Road to be held on September 29, 2017. The application was submitted by Dennis Freeman with Row Crop LLC, representing the property owner of record. Sean Reid, Director of Zoning & Codes, and Tonya Voigt, Planner, presented the item.
Reid stated though the event is open from 8 a.m. to 11 p.m., the parking area will open at 1 p.m. The event portion will open at 5 p.m. The music will start a at 6-7 p.m. The music will stop at 11 p.m. The event was referred to the County Commission for decision due to the size of the event. The current zoning and for the land use is “A” Agricultural with the surrounding properties zoned as agricultural and residential. The applicant has provided proof of written notice to property owners within 1000 feet. The County Public Works director has reviewed the application. He wants the entrance for ingress/egress on the Flory property, Route 460, widened, which has be done, and dust palliative placed on N600 and N650 Road at the expense of the event promoter. Reid also discussed the application has been review by other Douglas County departments, fire and medical, law enforcement and the health department. Staff received two phone calls seeking information about the event and no written comments.
Gaughan asked when the event preparations will begin. Reid stated setup will be the day before the event, setting up tents and the stage. Staff will inspect the site September 28 in partnership with the Willow Springs Fire Department. Reid added Douglas County has never experienced an event this size but he is confident staff can handle it. Staff will verify compliance on anything that comes up the morning of the event.
It was determine the selling of alcohol is set by state license. It was also confirmed that no Douglas County tax dollars will be used to subsidize the event for security or traffic control.
Thellman said for the record, the presumption that applicant felt strongly enough to sell tickets prior to receiving a permit doesn’t give great appreciation for process. She asked for an explanation. Reid replied he was told no tickets would go on sale until after the permit was approved, which should have been 60 days prior to the event. The applicant provided the application within 60 days of the event, but did go ahead and sold tickets without permit approval.
Thellman said from her perspective that is not acceptable. The applicant is lucky the neighbors did not object and that the Sheriff and fire department has been accommodating. To sell tickets prior to receiving a permit may be how they do business in other places, but for here it’s wrong.
Derusseau asked if the insurance bond will cover the township and relieve them of any liability. Reid said there is no insurance bond yet. Our county counselor will work with the County and the promoter to insure the bond meets our qualification and also covers any road damage and structures.
Derusseau asked what the backup plan is for fire. Craig Weinaug, County Administrator, stated the closest fire department will respond. We have a response plan in place.
After discussion, Gaughan opened the item for public comment. No comment was received.
Gaughan moved approval of the Special Event Permit for the Luke Bryan Farm Tour Concert located at 1038 N 600 Road to be held on September 29, 2017 upon the completion of all conditions as set up staff. The Commission is willing to meet again to finalize approval, if needed. Motion was seconded by Derusseau and carried 3-0.
ACCOUNT PAYABLE 08-09-17
Gaughan moved to approve accounts payable in the amounts of $644,728.93
08/03/17 and $1,308,579.52 to be paid on 08/10/17. Motion was seconded by Derusseau and carried 3-0.
Derusseau moved to appoint Emily Hail to the Criminal Justice Coordinating Council as the Community Representative appointed by Commissioner Derusseau. Motion was seconded by Gaughan and carried 3-0.
Gaughan moved to adjourn the meeting. Motion was seconded by Thellman and carried 3-0.
Nancy Thellman, Chair Michelle Derusseau, Vice-Chair
Jamie Shew, County Clerk Mike Gaughan, Member