Meeting Information
-Convene
-Pledge of Allegiance
-Consider approval of minutes of April 6 and <1/2xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com:office:smarttags" />April 11, 2005
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders
(b) Consider approval of resolution reappointing Marion R. Johnson as Douglas
County Appraiser (Marion Johnson)
(c) Consider approval of resolution granting a beer license to Conoco @ Baldwin
Junction (Jamie Shew)
(d) 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
Jones called the meeting to order at 8:30 A.M. on Monday, May 9, 2005 with all members present. The Pledge of Allegiance was recited.
Johnson moved approval of the minutes of April 6 and April 11, 2005; Jones seconded and the motion carried unanimously.
CONSENT AGENDA 05-09-05
Jones moved approval of the following Consent Agenda:
- Approve Commissioners Order No. 5318. Order is on file in the Office of the County Clerk;
- Approve Resolution No. 05-21 reappointing Marion R. Johnson as Douglas County Appraiser;
- Approve Resolution No. 05-22 granting a beer license to Baldwin Junction Conoco; and
- Pull the item "Planning Item: CUP-10-04-04: Conditional Use Permit request for a communication tower" for discussion.
Motion was seconded by Johnson and carried unanimously.
PLANNING 05-09-05
The Board discussed CUP-10-04-04: Conditional Use Permit request for a communication tower. The property is located at 1694 N 1748 Road. Submitted by Selective Site Consultants, Inc., for Verizon Wireless. Walters Farms, LLC, is the property owner of record. Trevor Wood, Selective Site Consultants representing Verizon Wireless, was present for the discussion. This item was deferred by the Board on May 2, 2005, in order to provide Jones the opportunity to contact Chris Corey of Dobson Cellular regarding their refusal to officially deny Verizon Wireless' attempt to co-locate. Jones reported that he was able to contact Mr. Corey who confirmed that the denial was based on interference. Jones questioned what advantage an additional tower would provide.
Wood responded that there is a tremendous amount of dropped calls in this area -- approximately 90% of the calls are dropped when a user is heading eastbound out of Lawrence.
Jones noted that he believed the communities interests are best served with the fewest number of towers.
Johnson stated he didn't disagree, but if the tower isn't granted, taxpayers/users in the County are penalized.
McElhaney stated that he believed that good faith efforts were made to co-locate and made a motion to approve CUP-10-04-04 based on the following Findings of Fact:
Zoning and uses of property nearby. The subject property is surrounded by rural agricultural zoning and uses in all directions.
Character of the area. The character of the area is an unincorporated rural community located in the northeast portion of Douglas County. This area includes scattered residential and agricultural uses.
Suitability of subject property for the uses to which it has been restricted. There is no proposed change to the existing zoning designation. Article 19 of the County Zoning Regulations lists multiple land uses that are allowed subject to approval of a Conditional Use Permit. Included in this list of uses is 'communication tower.' The proposed request is for the construction of a 90' tower along the county line and in proximity to I-70 to support existing communication services. The property is agriculturally zoned and is unimproved. Conditional Use Permits (CUP's) are designed to allow special and unique land uses to occur. Approval of a Conditional Use Permit will not alter the base zoning.
Length of time subject property has remained vacant as zoned. The subject property is vacant as noted above. It has been zoned A (Agricultural) 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 addition of this use to the property is not anticipated to detrimentally affect nearby property. The proposed use d s not alter the base zoning district. Access is provided via an existing County Road (E 1675 Road). The proposed tower is less than 100' and is not anticipated to be lighted. Lighting at the base may be permissible subject to staff review and approval. Lighting of the tower is not expressly prohibited since the FAA could make this element a condition in the future.
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 will continue to be used as an agricultural property. No detrimental impacts are anticipated by the addition of this use.
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 major infrastructure improvements and urges that such uses be carefully planned and provided. The provision of such services should be focused in existing service areas to address growth. Additionally, placement and visual appearance are a key consideration in creating compatibility.
AND subject to the following conditions:
1. Provision of a revised site plan to include the following:
a. Show location, fixture type, and mounting height of exterior lighting on the equipment building and provide a note that states lighting shall be shielded and directed downward.
b. A note stating "Minimal lighting at the tower base shall be reviewed and approved by staff. Any lighting of the enclosure area shall be directed downward and shielded to prevent glare and light trespass."
c. Show or note the proposed height of the equipment building.
d. Show dimension of tower to west and south property lines.
2. Provision of the following notes on the face of the site plan:
a. "Any tower that is not used for a period of three years or more, shall be removed by the owner at the owner's expense. Failure to remove the tower pursuant to non-use may result in removal and assessment of cost to the property per K.S.A. 12-6a17 & 19-4.31(c)4."
b. "The tower owner and/or operator shall submit a letter to the Planning Office by July 1st of each year listing the current users and types of antenna located on the approved tower. (19-4.31(c)5."
3. Provision of a sign to be posted on the tower or enclosure noting the name and telephone number of the tower operator and operator. (19-4.31(c)5;
4. Provision of a copy of an approved entrance permit from Marion Township for access to the tower site; and
5. Provision of a revised site plan to include a tower structurally capable of being extended to provide additional space to a minimum of 3 additional carriers.
Motion was seconded by Johnson and carried unanimously.
Johnson suggested that a transcript of the tape be made and submitted with a letter to the FCC expressing the Board's concerns.
INSURANCE 05-09-05
The Board discussed the 2005-2006 Health Insurance renewal. Pam Madl, Assistant County Administrator, explained that the claims expenses will be on target with the projected expected claims for the 2004-2005 plan year. Madl further explained that the reinsurance quotation drives the premium level for the County's plan. Several factors impact the final decision: the specific limits, utilization experience and economic inflation.
Establishing premiums at the full funding level would result in an increase in premium level; however, our cash situation puts the County in a position of being fully funded without a premium increase. Madl recommended setting up a reserve account of $1.445 million, and to maintain that reserve in the future at a level of three-months expected expenditures plus $300,000. Additionally, Madl recommended leaving the premium level at the 2004-2005 rates, and over the next plan year developing resources to assist in a formula for establishing premium levels to ensure full funding and an adequate reserve and operating cash balance.
Johnson stated he believes that in the long term, we are better off to deal with the employees as a health insurance company. He also stated that he is a firm believer that when costs are adjusted, everybody needs to adjust -- the sharing of the costs should be consistent.
Jones agreed, noting he believed the Board's philosophy is a percentage of the cost should be fixed based on fully funding.
McElhaney expressed concerns about the percentage the retirees pay.
Johnson made a motion to accept the new reinsurance contract; that premiums for the next policy year remain the same as they are in the current policy year with the anticipated ending reserve balance on 05/31/06 being $3.5 million; that premiums paid by the employee be established as a percentage; authorize the creation of a separate investment account for a self-funded insurance program in the amount of at least $1.445 million; and an operating account for medical insurance reserve of not to exceed $1.5 million. Motion was seconded by Jones and carried unanimously.
McElhaney excused himself at 9:37 A.M.
PUBLIC WORKS 05-09-05
The Board conducted a preliminary discussion of the Five-Year Plan Project List for Federally Assisted Projects. Keith Browning, Director of Public Works/County Engineer, explained that the Kansas Department of Transportation (KDOT) annually requests that counties update the projects included in the county portion of the Statewide Transportation Improvement Program (STIP). These are projects for which the county wishes to use federal funding assistance (typically 80% federal, 20% local) in an amount not to exceed the obligation authority for each county. The projects currently on Douglas County's list are as follows:
1. Replacement of Br. No. 09.24-16.00 on Route 1055 approximately 3/4 mile south of Route 458. Project scope was increased to include improving both roadway curves immediately south of bridge. Right-of-way acquisition is awaiting environmental clearances from KDOT. Involves one residential relocation. Currently scheduled for January 2006 bid letting.
2. Replacement of Br. No. 14.00-23.66 on Route 442 just west of Johnson County Line.
3. Replacement of Br. No. 06.97-01.00 on Route 1023 just south of Route 460 intersection. Anticipate contracting for engineering services in August 2005. Scheduled for January 2008 bid letting.
4. Deck replacement only for Br. No. 13.00-19.00 which carries Route 1057 over the Wakarusa River approximately 1/2 mile south of K-10. Scheduled for January 2009 bid letting.
A federal multi-year TEA-21 reauthorization bill has not passed as of this date. However, KDOT has estimated Douglas County's annual available obligation authority to be $590,286. This is a significant increase over KDOT's estimate of $380,000 in annual obligation authority for the 2005-2009 5-Year Plan.
Browning noted that the first two (2) projects are firm and cannot be revised. However, the other projects can be changed if the Board so desires.
Jones asked for public comment. No comments were received.
Jones made a motion to approve the Five-Year Plan Project Listing for Federally Assisted Projects as listed above with the following changes:
- Revise Project No. 23 C-4123-01 to entail full replacement of Bridge No. 13.00N-19.00E, the Route 1057 bridge over the Wakarusa River. The project was previously a deck replacement only;
- Safety improvements to Route 1055 curve at approximately 875N; and
- Replacement of Bridge No. 10.00N-16.38E on Route 458 approximately 0.4 miles east of the eastern Route 1055/Route 458 intersection.
Motion was seconded by Johnson and carried.
OUT-DISTRICT COLLEGE TUITION STATEMENTS 05-09-05
Jones moved approval of the eleven (11) Out-District College Tuition statements in the amount of $137,352. Motion was seconded by Johnson and carried.
ZONING & RESOLUTIONS 05-09-05
The Board considered approval of a Home Rule Resolution extending the temporary prohibition of the issuance of permits for the construction or placement of dwellings and mobile homes on tracts of land gaining primary access through minimum maintenance roads. Keith Dabney, Director of Zoning & Codes, explained this would continue Home Rule Resolution No. HR-03-8-4 which expired December 31, 2004. After discussion, Jones made a motion to approve Home Rule Resolution No. HR-05-05-4 providing for the temporary prohibition of the issuance of permits for the construction or placement of dwellings and mobile homes on tracts of land gaining primary access through minimum maintenance roads. Motion was seconded by Johnson and carried.
ACCOUNTS PAYABLE 05-09-05
Johnson moved approval of accounts payable in the amount of $559,435.58 to be paid 5/9/05. Motion was seconded by Jones and carried unanimously.
APPOINTMENTS 05-09-05
Jones made a motion to reappoint Tom Jennings, Lawrence, Kansas and Dennis Lawson, Eudora, Kansas, to the Lawrence-Douglas County Metropolitan Planning Commission for terms which shall expire on May 31, 2008. Johnson seconded and the motion carried.
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