Meeting Information
- Convene
- Pledge of Allegiance
- Consider approval of minutes of December 8, December 22, 2003, January 21, January 26, and February 2, 2004
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders
(b) Note receipt of Reporting of State Forfeitures per K.S.A. 60-4117(d)(2) (Sheriff Trapp)
(c) Consider acceptance of low bid for Dust Palliative Application on Lecompton Township Roads in conjunction with Route 1029 Project (Keith Browning)
REGULAR AGENDA
(2) Discussion of proposed revision to the Horizon 2020 Commercial Chapter with Mayor Dunfield
(3) Presentation from Judy Billings on progress on Bleeding Kansas National Heritage Area effort.
(4) Presentation from Kansas Water Office with regard to watershed protection and water supply issues as they impact Douglas County (Margaret Fast and Earl Lewis)
(5) Planning Items:
(a) PF-12-26-03: Final Plat for LRM East Addition No. 3. This proposed one-lot industrial subdivision contains approximately 11.23 acres and is located north of N 1360 Road (Franklin Road) and east of E 1700 Road (if extended to north). Submitted by Landplan Engineering, P.A. for Stephen E. Glass, President, LRM Industries, Inc., property owner of record. (Jeff Tully)
(b) CUP-12-09-03: Conditional Use Permit request for a replacement booster pump station. The property is generally located west of U.S. 59 and north of N 900. Submitted by Bartlett & West Engineers, Inc., for Rural Water District No. 2. Wakarusa Township is the property owner of record. (Paul Patterson)
(6) Consider approval of variance request to establish a private driveway in Section 3, Township 14 South, Range 19 East containing 31.66 acres (Keith Dabney)
(7) Consider establishing temporary speed limits and temporary commercial weight limits on portions of several roads in Lecompton Township and Wakarusa Township and Douglas County Route 7, all in conjunction with the closure of Route 1029 for Project No. 23C-3688-01 (Keith Browning)
(8) Other Business
(a) Consider approval of Accounts Payable (if necessary)
(b) Appointments
(c) Miscellaneous
(b) Public Comment
(9) Executive Session to consult with County Counselor
(10) Adjourn
Jones called the meeting to order at 3:03 P.M. with all members present. The Pledge of Allegiance was recited.
Johnson moved approval of minutes of December 8, December 22, 2003, January 12, January 21, as amended, January 26, and February 2, 2004. Motion was seconded by Jones and carried unanimously.
CONSENT AGENDA 02-23-04
Johnson moved approval of the following Consent Agenda:
Approve Commissioners Order Nos. 5219 and 5220. Orders are on file in the office of the County Clerk;
Note reporting of State Forfeitures per K.S.A. 60-4117(d)(2); and
Accept the low bid from Scotwood Industries, Inc. for 41.500 gallons of 32% magnesium chloride solution at $0.384/gallon for a total bid of 15,936.00 and authorize the Director of Public Works to approve change orders totaling up to 10% of the total bid for dust palliative application on Lecompton Township roads in conjunction with Route 1029 Project.
McElhaney seconded and the motion carried unanimously.
PLANNING 02-23-04
The Board considered Item No. 5 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated February 11, 2004. This item is PF-12-26-03: Final Plat for LRM East Addition No. 3. This proposed one-lot industrial subdivision contains approximately 11.23 acres and is located north of N 1360 Road (Franklin Road) and east of E 1700 Road (if extended to north). Submitted by Landplan Engineering, P.A. for Stephen E. Glass, President, LRM Industries, Inc., property owner of record. This item comes to the Board with a unanimous recommendation for acceptance of easements and rights-of-way, subject to the following conditions:
1. Provision of the following fees and recording documentation:
a. Current copy of paid property tax receipt at the time of submittal of the final plat for filing; and
b. Recording of fees made payable to the Douglas County Register of Deeds.
2. Execution of an agreement not to protest formation of future benefit district for E. 25th Street;
3. Pinning of the lots in accordance with Section 21-302.2; and
4. Revise name of County Commission Chairman to Charles Jones.
Johnson moved approval of PF-12-26-03 subject to the above conditions; McElhaney seconded and the motion carried unanimously.
PLANNING 02-23-04
The Board considered Item No. 11 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated February 11, 2004. This item is CUP-12-09-03: Conditional Use Permit request for a replacement booster pump station. The property is generally located west of U.S. 59 and north of N 900 Road. Submitted by Bartlett & West Engineers, Inc., for Rural Water District No. 2. Wakarusa Township is the property owner of record. This item comes to the Board with a unanimous recommendation for approval, based on the following Findings of Fact:
FINDINGS OF FACT
Zoning and uses of property nearby. The subject property is located at the northwest intersection of Highway 59 and N 900 Road. The site is zoned A-1 (Suburban Home Residential) and undeveloped. Surrounding property is simi larly zoned or zoned agriculturally and is undeveloped, agricultural property with scattered rural residences.
Character of the area. The site is described as a tract of land approximately 0.13 acres in size. Rural Water District #2 is in the process of obtaining an easement for the proposed site. The specific site is heavily wooded and is between Highway 59, N 900 Road, and a small creek.
Suitability of subject property for the uses to which it has been restricted.The subject site is suited for the uses to which it has been restricted.
Length of time subject property has remained vacant as zoned. The subject area has been zoned A-1 (Suburban Home Residential) District since the adoption of the zoning regulations in the unincorporated portions of Douglas County in 1966.
Extent to which removal of restrictions will detrimentally affect nearby property. The restrictions on this site are not being removed. A conditional use is being permitted through this request. The addition of this use to this site is not anticipated to detrimentally affect nearby property.
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. Denial of the request is not anticipated to provide a detriment to the property owner but it would provide a gain to the public health, safety and welfare.
Conformance with The Comprehensive Plan. The Conditional Use Permit for the proposed facility is not in conflict with Horizon 2020.
AND subject to the following conditions:
1. Obtain the signature of property owner or signed letter of agent con sent for the Conditional Use Permit;
2. Revision of the site plan to include:
a. Legend showing what the curly connecting arcs and connecting T's designate;
b. Limits of the Floodway (floodway areas in zone AE) and Flood Hazard area (special flood hazard area inundated by 100-year flood).
3. Obtain a development permit from Douglas County for placing a structure within the Flood Plain Management Area.
Johnson moved approval of CUP-12-09-03 based on the above Findings of Fact and subject to the above conditions. Motion was seconded by McElhaney and carried unanimously.
PUBLIC WORKS & RESOLUTIONS 02-23-04
Johnson moved approval of Resolution No. 04-12 establishing a temporary five (5) ton weight limit for commercial vehicles on portions of E 800 Road, E 850 Road, E 900 Road, E 1025 Road, E 1125 Road, N 1850 Road, N 1851 Diagonal Road, N 1950 Road, N 2000 Road, N 2050 Road, and County Route 7 in Lecompton and Wakarusa Townships for the duration of construction on Douglas County Route 1029 (Project No. 23C-3688-01). Motion was seconded by McElhaney and carried unanimously.
PUBLIC WORKS & RESOLUTIONS 02-23-04
Johnson moved approval of Resolution No. 04-13 establishing temporary speed limits on portions of E 800 Road, E 850 Road, E 900 Road, E 1025 Road, E 1125 Road, N 1850 Road, N 1851 Diagonal Road, N 1950 Road, N 2000 Road, N 2050 Road, and County Route 7 in Lecompton and Wakarusa Townships for the duration of construction on Douglas County Route 1029 (Project No. 23C- 3688-01). McElhaney seconded and the motion carried unanimously.
MISCELLANEOUS 02-23-04
Judy Billings, Senior Vice President Convention and Visitors Bureau of the Lawrence Chamber of Commerce, conducted a presentation on the progress of the Bleeding Kansas National Heritage Area effort. Billings then requested access to $15,000 of the $70,000 budgeted for this purpose. McElhaney expressed concerns since the Board didn't receive the backup information for this request until just before the meeting. Jones made a recommendation to authorize payment in the amount of $15,000 to the Bleeding Kansas National Heritage Steering Committee, but not release the money until March 1st in order to give McElhaney an opportunity to review the documentation. Jones also recommended that the balance of the monies budgeted be handled administratively with the approval of the Chairman or his designee. Jones then rephrased his recommendation to give the County Administrator the authority to pay the balance of monies budgeted, request some sort of budget from the Steering Committee for distribution to the Commission for review, and authorize payment of $15,000 but not release it until after the meeting on March 1. McElhaney stated he was not supportive -- that he would prefer to table approval until March 1. Johnson noted that this item was budgeted and the Commission knew it was coming. However, he further stated that he was comfortable with waiting until March 1st. No action was taken.
PLANNING 02-23-04
The Board discussed proposed revisions to the Horizon 2020 Commercial Chapter with David Dunfield, Mayor of the City of Lawrence. Linda Finger, Director of the Lawrence-Douglas County Metropolitan Planning Department, Bryan Dyer, staff member of the Lawrence-Douglas County Metropolitan Planning Department, and Myles Schachter, member of the Lawrence-Douglas County Metropolitan Planning Commission, were also present for the discussion. Planning staff was directed to make noted amendments and check for consist language throughout the document. This item will be discussed again on Monday, March 1, 2004. No action was taken.
MISCELLANEOUS 02-23-04
Margaret Fast and Earl Lewis, Kansas Water Office, conducted a presentation with regard to watershed protection and water supply issues as the impact Douglas County. No action was taken.
ZONING 02-23-04
Keith Dabney, Director of Zoning and Codes, presented a request from Wayne and Rebecca Brovont for a variance to establish a private driveway in Section 3, Township 14 South, Range 19 East. Staff recommended denial of the request. After discussion, the Brovonts formally requested withdrawal of the variance. No action was taken.
ACCOUNTS PAYABLE 02-23-04
Johnson moved approval of accounts payable in the amount of $134,213.84 to be paid 2/24/04; and accounts payable manual checks in the amount of $1,646.36. Motion was seconded by McElhaney and carried unanimously.
MISCELLANEOUS 02-23-04
At 5:42 P.M., Jones made a motion that the Board go into Executive Session until 6:00 P.M. with Evan Ice, County Counselor, and Craig Weinaug, County Administrator, to discuss potential litigation. The Board returned to regular session at 5:58 P.M. No action was taken.
Jones 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