Meeting Information
- Convene
- Pledge of Allegiance
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders
(b) Consider approval of resolution approving cereal malt beverage licenses (Patty Jaimes)
(c) Consider approval of Notice to Township (Patty Jaimes)
(d) Consider approval of renewal Maintenance contract for the Outdoor Warning Sirens (Paula Phillips)
(e) Finding of the County Commission that the requested annexation of approximately 1.033 acres of land located at the dead end of East 1338 Road, will not hinder or prevent the proper growth and development of the area or that of any other incorporated city located within Douglas County, as provided by K.S.A. 15-520c. (Chuck Adcock)
(f) Consider the purchase of a Utility Vehicle for Public Works (Jackie Waggoner)
(g) Consider approval of three (3) Out-District College Tuition Statements in the amount of $10,020 (Debbie Sparkes)
(h) Notice of Intent to seek Bids for Supply of Crushed Road Rock (Keith Browning)
REGULAR AGENDA
(2) Presentation by ECKAN about ECKAN programs (Richard Jackson)
(3) Presentation from representatives for Harvey County with regard to independent living unit tax exemptions
(4) Consider request from City of Eudora to jointly fund engineering study of County Route 1061 (Main street in downtown Eudora) from 10th Street in Eudora to railroad tracks
(5) Consider Charter Resolution to Authorize Creation of Road Improvement Districts (Evan Ice/Keith Browning)
(6) Consider approval of Agreement for Maintenance of E 900 Road from US 40 Highway to N 1663 Road (Keith Browning)
(7) Consider resolution authorizing initiation of process to refund Bond Issues (Craig Weinaug)
(8) MM-10-02-03: Request to declare minimum maintenance status on a segment of E 550 Road in Clinton Township between N 1200 Road and 1250 N Road. Requested by Douglas County Public Works for the Clinton Township Board (Sandra Day)
(9) CUP-10-08-03: Conditional Use Permit Request for Pine Family Tree Nursery. The property is on 23 acres located directly east of 1893 E 1500 Road. Submitted by Landplan Engineering, P.A., for Pine Family Investments, LC, property owner of record (Sandra Day)
(10) Other Business
(a) Consider approval of Accounts Payable (if necessary)
(b) Appointments
(c) Miscellaneous
(d) Public Comment
(11) Election of Chair and Vice Chair
(12) Executive session to consult with County Counselor
(13) Adjourn
Johnson called meeting to order at 9:05 A.M. on Monday, January 12, 2004, with all members present. The Pledge of Allegiance was recited.
CONSENT AGENDA 01-12-04
Jones moved approval of the following Consent Agenda:
- Approve Commissioners Order Nos. 5202, 5203, and 5204. Orders are on file in the office of the County Clerk;
- Authorize notice to Clinton Township for cereal malt beverage license to Clinton Marina;
- Table the item "Consider approval of renewal maintenance contract for the outdoor warning sirens";
- Find and determine that the requested annexation of approximately 1.033 acres of land located at the dead end of East 1338 Road will not hinder or prevent the proper growth and development of the area or that of any other incorporated city located within Douglas County, as provided by K.S.A. 15-520c;
- Table the item "Consider the purchase of a utility vehicle for Public Works"; and
- Approve three (3) Out-District College Tuition Statements in the amount of $10,020.
Motion was seconded by McElhaney and carried unanimously.
PUBLIC WORKS & AGREEMENTS 01-12-04
McElhaney made a motion to approve an Agreement between the Board of County Commissioners of Douglas County, Kansas, and Kanwaka Township for assigning maintenance responsibilities for E 900 Road from US-40 Highway to N 1663 Road to Douglas County. Motion was seconded by Jones and carried unanimously.
RESOLUTIONS 01-12-04
McElhaney made a motion to waive the Purchasing Policy and approve Resolution No. 04-01 authorizing the offering for sale of General Obligation Sales Tax Refunding Bonds, Series 2004-A of Douglas County, Kansas. Jones seconded and the motion carried unanimously.
PLANNING 01-12-04
The Board then considered Item No. 6 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated December 17, 2003. This item is CUP-10-08-03: Conditional Use Permit Request for Pine Family Tree Nursery. The property is on 23 acres located directly east of 1893 E 1500 Road. Submitted by Landplan Engineering, P.A., for Pine Family Investments, LC, property owner of record. This item comes to the Board with a unanimous recommendation for approval based upon the following Findings of Fact:
FINDINGS OF FACT:
Zoning and uses of property nearby. The surrounding property in all directions is used for agricultural and agricultural retail purposes.
Character of the area. The subject property is located east of the city limits and within the Urban Growth Area. The area is dominated by agriculturally related uses. The subject property is located within Service Area 2 described in Horizon 2020.
Suitability of subject property for the uses to which it has been restricted. The subject property is comprised of the "Judson Silt Loam Series" and the "Eudora-Kimo Series" soils as described in the Douglas County Soil Survey. These soils are characterized by nearly level to gently undulating soils adjacent to or on lower parts of the floodplain of the Kansas River and consist of moderately well-drained soils. The surface layer ranges from 6" to 24" deep. This soil is well suited to agricultural purposes.1 The subject property is zoned for "A" (agricultural) use. The suitability of the subject property for its current use will not be altered by the approval of a CUP. The "undeveloped" nature of the surrounding area contributes to the suitability of the expanded agricultural activity of the area.
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1Soil Survey of Douglas County Kansas, July 1977.
Extent to which removal of restrictions will detrimentally affect nearby property. Detrimental impacts are not anticipated with the addition of the retail activity on the east side of E 1500 Road.
Length of time subject property has remained vacant as zoned. The subject property includes an existing barn structure for storage purposes. The property has been zoned for agricultural purposes since the adoption of the County Zoning Regulations in 1966.
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. The subject property is located in an active agricultural area. Access to the property is provided from County Road E 1500. Denial of the proposed use will not prohibit the property owner from use of the land for various allowed uses under the current A (Agricultural District) zoning restrictions. Denial would prohibit retail activity on the site. No significant gains are anticipated for the public health, safety or welfare that would result from the denial of the CUP.
Conformance with The Comprehensive Plan. Horizon 2020 d s not directly address the issue of special or conditional uses. The plan provides basic guidance regarding infrastructure improvements and major land use categories. The subject property is located within the Urban Growth Area. Future urban development would depend on the availability to extend urban infrastructure services. The proposed use as a tree farm with associated sale of retail products d s not require urban infrastructure improvements and is not inconsistent with future development of the area for urban types of uses.
AND subject to the following condition:
- Provision of a note on the face of the plan stating, "The Conditional Use Permit will be re-evaluated by the County Commission in December 2008. The CUP will expire in December 2013. Continuation of the use beyond November 2013 will require rezoning or approval of a new CUP."
McElhaney made a motion to approve CUP-10-08-03 based upon the above Findings of Fact and subject to the above condition. Motion was seconded by Jones and carried unanimously.
MISCELLANEOUS 01-12-04
Richard Jackson, Executive Director of the East Central Kansas Economic Opportunity Corporation (ECKAN), conducted a presentation on the History of ECKAN and the services it provides. No action was taken.
MISCELLANEOUS 01-12-04
Johnson made a motion that Jones be elected Chairman of the Board of Douglas County Commissioners effective today for the coming year, seconded by McElhaney and carried unanimously.
McElhaney made a motion that Johnson be elected Vice-Chairman of the Board of Douglas County Commissioners effective today for the coming year, seconded by Jones and carried unanimously.
McElhaney made a motion to authorize the signature of Commissioner Johnson to appear on all County checks until the new signature plate with the new Chairman's name are available. Jones seconded and the motion carried unanimously.
PROPERTY VALUATIONS 01-12-04
John Waltner, Special Projects Director for Harvey County, and Craig Clough, Harvey County Appraiser, conducted a presentation with regard to independent living unit tax exemptions. Many counties in Kansas are experiencing the increase in construction of elderly housing operated by non-profit retirement communities. This elderly housing is for persons who can live independently on their own and tends to be upscale and expensive. The cheaper housing affordable to lower income elderly persons is seldom being constructed at the present time. According to Kansas law, elderly persons living in housing operated by a non-profit retirement community pay no property taxes while other elderly persons living in their own homes do pay property taxes. Entire subdivisions of apartments, duplexes and houses are paying no property taxes because of this tax loophole. Waltner and Clough asked the Board for a letter of support requesting the legislature to eliminate this loophole. Craig Weinaug, County Administrator, stated that the only non-profit facility in Douglas County that would be affected would be Presbyterian Manor. Weinaug further indicated he invited a representative from Presbyterian Manor to attend the Commission Meeting. Madeline Pattingale, Marketing Director of Presbyterian Manor, then spoke briefly with the Board. Jones asked for a list of other entities that are currently on board with this proposal. He also requested that a letter be drafted on the Board's behalf. No action was taken.
PUBLIC WORKS 01-12-04
The Board discussed a request from the City of Eudora to jointly fund an engineering study of County Route 1061 (Main Street in downtown Eudora) from 10th Street to the railroad tracks. After discussion, Johnson made a motion that Douglas County split the cost of a study of improvements to Eudora's Main Street from 10th Street to the Burlington Northern Santa Fe railroad tracks up to a maximum of $5,000. Johnson also directed staff to advise the City of Eudora, that Douglas County is interested in reaching an agreement with the City to jointly fund any resulting improvements to Main Street. The extent of the County's financial commitment would be calculated based on what it would cost Douglas County to improve the road to a rural type standard for the volume of traffic that this road receives. Additional costs of urban type improvements, including curb and gutter, additional width beyond what is needed for a two-lane road, sidewalks, or other downtown amenities would be borne by the City. Motion was seconded by McElhaney and carried unanimously.
PUBLIC WORKS & RESOLUTIONS 01-12-04
The Board discussed a charter resolution authorizing the creation of road improvement districts. Evan Ice, County Counselor, was present for the discussion. No action was taken.
ACCOUNTS PAYABLE 01-12-04
Jones moved approval of accounts payable in the amounts of $172,284.68 to be paid 12/29/03; $1,740,452.34 to be paid 01/05/04; and $166,645.51 to be paid 01/12/04; accounts payable manual checks in the amount of $3,027.04; $3,027.04; and $500.00; Public Works Safety Payroll in the amount of $797.68; electronic funds transfers in the amounts of $62.19 for FICA and $14.64 for KPERS to be paid 12/19/03; payroll in the amount of $567,699.05; electronic funds transfers in the amounts of $40,944.21 for FICA and $28,376.33 for KPERS to be paid 12/26/03; payroll in the amount of $617,478.90; and electronic funds transfers in the amounts of $45,715.14 for FICA and $36,128.19 for KPERS to be paid 01/09/04. McElhaney seconded and the motion carried unanimously.
MISCELLANEOUS 01-12-04
At 11:08 A.M., Jones made a motion that the Board recess to go into executive session until 11:30 A.M. with Evan Ice, County Counselor; Craig Weinaug, County Administrator; and Keith Dabney, Director of Zoning and Codes, to discuss potential litigation. Motion was seconded by Johnson and carried unanimously. The Board returned to regular session at 11:30 A.M. No action was taken.
McElhaney made a motion to adjourn; Johnson seconded and the motion carried unanimously.
_____________________________ _____________________________
Charles Jones, Chairman Bob Johnson, Member
ATTEST:
_____________________________ _____________________________
Patty Jaimes, County Clerk Jere McElhaney, Member
Time and Date