Meeting Information
-Convene
-Pledge of Allegiance
PROCLAMATION
-Proclaim the month of May as "Mental Health Month" (David Johnson)
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders
(b) Consider approval of Article 26 Text Amendment (Keith Dabney)
(c) Planning Item: CUP-10-04-04: Conditional Use Permit request for a
communication tower. The property is located at N 1694 Road. Submitted by
Selective Site Consultants, Inc., for Verizon Wireless. Walters Farms, LLC, is the
property owner of record. (Sandra Day)
REGULAR AGENDA
(2) Consider recommendation from Planning Commission concerning rescinding minimum maintenance designation on E 1800 Road from 800N to 900N
(3) Conduct public hearing concerning rescinding minimum maintenance designation for E 1800 Road (Keith Browning/Michael Kelly)
(4) &nb
Jones called the meeting to order at 6:33 P.M. on Wednesday, May 4, 2005 with all members present. The Pledge of Allegiance was recited.
PROCLAMATION 05-04-05
David Johnson, Director of Bert Nash Mental Health, read a proclamation proclaiming the month of May as "Mental Health Month." Johnson moved approval of the Proclamation as read; Jones seconded and the motion carried unanimously.
CONSENT AGENDA 05-04-05
Johnson moved approval of the following Consent Agenda:
- Approve Commissioners Order No. 5317. Order is on file in the Office of the County Clerk;
- Note receipt of fee reports for the months of February and March, 2005; and
- Approve text amendments to Article 26 of the Douglas County Zoning Regulations to be forwarded to the Planning Commission for consideration.
Jones seconded and the motion carried unanimously.
PUBLIC WORKS, PLANNING & RESOLUTIONS 05-04-05
The Board noted receipt of a recommendation received from the Lawrence- Douglas County Metropolitan Planning Commission regarding Item No. 12 of the minutes dated April 25, 2005. This item is MM-12-02-04: Consider rescinding "minimum maintenance" road designation for a portion of E 1800 Road from N 900 Road south 0.8 miles in Palmyra Township. Requested by Douglas County Public Works for the Palmyra Township Board. Bill Ahrens, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented this item. This item comes to the Board with a recommendation for approval to rescind the "minimum maintenance" designation.
Jones made a motion to open the public hearing to accept comments on the proposed rescinding of the "minimum maintenance" declaration. Johnson seconded and the motion carried unanimously.
J Hannah, property owner of 80 acres on E 1800 Road, stated he spent approximately $12,000 on road improvements for E 1800 Road, worked with LandPlan Engineering to divide the land and has applied for building permits for eight (8) lots.
Jones questioned whether Hannah bought the land knowing it was a "minimum maintenance" road.
Hannah responded that he was aware that this was a "minimum maintenance" road.
The Board noted receipt of a letter received from George Gurley, 1770 N 800 Road, Baldwin City, Kansas, asking the Board to deny the request to rescind the "minimum maintenance" designation and requested a moratorium on this kind of development until a coherent plan for rural development is adopted.
Jones then made a motion to close the public hearing; Johnson seconded; motion carried unanimously.
Jones indicated he would not support the request since it appears the landowner purchased the land for the purposes of development and it is a misuse of the 5 acre exemption. Jones noted that he believed that a land use this intensive should go through the platting process which would include notification to the neighbors. Jones also stated he thought that unmanaged roads in the County have an adverse impact on everybody and it is the elected officials responsibility to keep taxes fair. This type of road is dependent upon subsidies from the cities.
McElhaney stated that he appreciated Jones' comments, but disagreed that the city taxpayers pay for the county residents statement. He noted that he has been involved with the Planning Commission and Planning Staff and has looked at other options including the possibility of increasing it to a 10 acre exemption. Until the 5 acre exemption issue is resolved, there are rules and regulations in place and the Board d sn't have the authority to make changes without a written law in place.
Johnson stated he agreed with Jones and McElhaney. He believes this is an abuse of the 5 acre exemption but Mr. Hannah is not doing anything against the rules. The rules need to be changed as quickly as possible. Johnson noted that this is not a bad thing to do from the township's perspective -- it raises the land values and puts additional monies into their road fund.
Jones asked when the Board might expect to see a proposal on changing the 5 acre exemption regulations. McElhaney responded that he has been working with Linda Finger and anticipates a recommendation by August.
Johnson then made a motion to approve Resolution No. 05-20 rescinding the ""minimum maintenance"" designation for a portion of E 1800 Road. Motion was seconded by McElhaney and carried with Jones opposed.
ACCOUNTS PAYABLE 05-04-05
Jones made a motion to authorize a letter to the Douglas County Treasurer authorizing the Treasurer to credit the account of Uni Computers, Inc. in the amount of $45 against their delinquent taxes as authorized by state statute. 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:
_____________________________ _____________________________
Jamie Shew, County Clerk Jere McElhaney, Member
Time and Date