Meeting Information
-Reception for County Officials-Elect
<1/2xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com:office:smarttags" />6:35 P.M.
-Convene
-Pledge of Allegiance
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders
(b) Authorize Notice to Townships for cereal malt beverage licenses (Patty Jaimes)
REGULAR AGENDA
(2) Public hearing regarding proposed assessments for the costs of certain sewer improvements (Pam Madl)
(3) Consider approval of resolution levying special assessments on certain property to pay the costs of internal improvements in Douglas County, Kansas, as heretofore authorized by Resolution Nos. 99-4 and 99-5 of the County; and providing for the collection of such special assessments (Pam Madl)
(4) Discussion of road access request for Lone Star Road (Keith Dabney/Keith Browning)
(5) Update from Economic Development Department regarding the following:
- Results of Biosciences Impact Study - presentation by Lynn Parman and Joshua Rosenbloom, KU Policy Research Institute
Jones called the meeting to order at 6:37 P.M. on Wednesday, December 1, 2004 with all members present. The Pledge of Allegiance was recited.
CONSENT AGENDA 12-01-04
Johnson moved approval of the following Consent Agenda:
- Approve Commissioners Order No. 5277. Order is on file in the office of the County Clerk; and
- Authorize Notice to Townships for cereal malt beverage licenses to Eudora Township for Cecil Monday's Bar & Grill and Eudora Riverview Golf, Inc.; Grant Township for Flamingo Enterprises; and Willow Springs Township for Zarco, Inc. and Baldwin Junction Enterprises, LLC.
Jones seconded and the motion carried unanimously.
RESOLUTIONS & SEWER DISTRICTS 12-01-04
The Board conducted a public hearing for the purpose of receiving written or oral objections and considering proposed assessments for the costs of certain sewer improvements heretofore authorized by the Board as follows: -- Project No. 1 -- Baldwin Creek Sewer District No. 1 and Project No. 2 -- Baldwin Creek Sewer District No. 2. No public comment was received. Jones made a motion to close the public hearing. Motion was seconded by Johnson and carried unanimously.
Jones moved approval of Resolution No. 04-36, an Assessment Resolution levying special assessments on certain property to pay the costs of internal improvements in Douglas County, Kansas, as heretofore authorized by Resolution Nos. 99-4 and 99-5 of the County; and providing for the collection of such special assessments. Motion was seconded by Johnson and carried unanimously.
PUBLIC WORKS 12-01-04
On November 22, 2004, the Board tabled action on a request received from Phil and Kerry Metsker for an entrance permit onto Route 1-E along the north side of the east arm of Lone Star Lake.
Vernon Jarb , attorney for the Metskers, stated that he believed this is a public road and that the Metskers are entitled to access. The Metskers intend to conduct a farming operation differently than it has been operated in the past. The only other means of access are off of a minimum maintenance road which they do not believe is adequate to serve that purpose. Jarb also stated that the Lone Star Lake actually encroaches up to the land.
Evan Ice, County Counselor, stated that a survey was conducted by Fred Rogers. The legal issue as far as whether distinction between this road and most county public roads is there's no right-of-way here. Douglas County owns the land and built the road for the park. If a private land owner wants access, they will need to obtain an easement.
Jarb cited a case where the exact type of road has been considered a public road. The fact that there are a number of access points onto this road indicates it should be considered more than just a park road.
Jones stated he believed it is a legitimate argument whether or not this is a public road.
McElhaney noted that the road is maintained and serviced by public tax funds coming out of the general fund.
Ice noted that was an argument in favor of the request, noting, however, there are arguments on both sides.
Jarb noted there were thirty-two (32) access points on the road and this is the only property that d sn't have access.
Jones discussed the issue of abutment rights -- Jarb 's argument is the road is touching the property, therefore they have the right to access.
Johnson asked if this request was for agricultural purposes.
Jarb responded that it was.
Johnson stated he was willing to accept the idea that abutment is not something that can be argued, however he was willing to argue with public road -- there is a lot of property around Lone Star Lake that would have access if that were the case.
Jones then asked for public comment. No comments were received.
Keith Browning, Director of Public Works/County Engineer, stated that he felt strongly that this is not a public road since there is no road of record. The road can be changed at any time. The difference between this road and a public road is that it can be moved, closed and not maintained at any time.
Jarb argued that a public road can be abandoned at any time without process. He indicated one option might be to move the road off this property.
McElhaney noted a law that allows access onto property for agricultural purposes and pointed out that a minimum maintenance road leads into that property. He questioned whether that road was adequate for agricultural use.
Jarb indicated that their argument was that the road was not adequate for agricultural use.
Jones then asked for a motion to either deny or approve the request.
McElhaney made a motion to approve the agricultural access as requested.
Motion died for lack of a second.
PUBLIC WORKS & MISCELLANEOUS 12-01-04
The Board discussed a request received from the City of Lecompton with regard to planning responsibilities for an area surrounding Lecompton. Jim Wilkinson, member of the City of Lecompton Planning Commission, explained that they were interested in pursuing extraterritorial zoning and subdivision control in the immediate flank areas surrounding the City of Lecompton.
It was the consensus of the Board that Wilkinson meet with Linda Finger, Director of the Lawrence-Douglas County Metropolitan Planning Department, to discuss options and schedule a work session in the future. No action was taken.
MISCELLANEOUS & ZONING 12-01-04
The Board discussed a request received from Charles M. Benjamin, Ph.D., J.D., on behalf of Hurst, Martha and Gerry Coffman, to consider home rule regulations on quarries in Douglas County. Benjamin explained that the Coffmans own property in western Douglas County that contains a farmhouse, a stone fence, barn and other out buildings. The Coffman property has co-existed next to a quarry for many years with no problems until 2003 when the quarry expanded their operations. The expansion has included operations late into the night, explosions that have caused damage to the buildings and stone fence, and caused rocks and other debris to fall onto the property. The increased truck traffic has resulted in more dust and noise that have impacted the Coffman's enjoyment of their property. The Coffmans believe there is a significant public safety concern since rocks blasted from the quarry pose a significant risk to traffic, including school buses which traverse the nearby township road.
Gerry Coffman, spoke citing problems with the control of thistles.
Roy Camp, nearby neighbor, stated he has had problems communicating with the quarry.
Tim Spears, Hunt-Midwest Quarry, spoke on behalf of the quarry. Spears stated he had not received any complaints and noted he was willing to work with the neighbors.
It was the consensus of the Board that the Coffmans and Hunt-Midwest Quarry meet and attempt to work out their differences. If their concerns are not resolved, they can bring it back to the Board. No action was taken.
MISCELLANEOUS 12-01-04
Joshua Rosenbloom, KU Policy Research Institute, presented the results of the Biosciences Impact Study. No action was taken.
Lynn Parman, Vice President of Economic Development, Lawrence Chamber of Commerce, and Heather Ackerly, Manager, Existing Business Programs, Lawrence Chamber of Commerce, presented the 2004 Business Retention Report. No action was taken.
Parman then presented the Economic Development Activity update. No action was taken.
ACCOUNTS PAYABLE 12-01-04
Johnson moved approval of accounts payable manual checks in the amount of $1,898.44; Jones seconded and the motion carried unanimously.
Jones made a motion to authorize the Chair to sign off on any necessary items until Wednesday, December 15, 2004, since there will not be a meeting until that time. Motion was seconded by Johnson and carried unanimously.
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