Commission Board Meeting on Wed, August 29, 2007 - 6:35 PM


Meeting Information

-Convene
 -The Pledge of Allegiance
 -Proclamation for "International Literacy Day" - (Betty Parks)

CONSENT AGENDA
 (1) (a) Consider approval of Commission Orders
  (b) Consider approval of right-of-way acquired for drainage structure replacement project located on N 1850 Road at 818 E. (Michael Kelly)
  
REGULAR AGENDA
 (2) Public Hearing for approval of attachment of lands to Rural Water District No. 4 filed by the First -Southern Baptist Church of Eudora, Kansas (Scott Schultz)

(3) Public Hearing for approval of attachment of lands to Rural Water District No. 4 filed by the Dallas Livingood (Scott Schultz)

(4) Receive Township recommendation regarding possible minimum maintenance road designation (E 700 Road: 1813 N to 2000 N); and a resolution  requesting a recommendation concerning the designation of a portion of E700 road as "Minimum Maintenance."-(Michael Kelly)
 
(5) Other Business
(a) Consider approval of Accounts Payable (if necessary)
(b) Appointments  
(c) Miscellaneous  
(d) Public Comment  

(6) Adjourn

Johnson called the meeting to order at 6:35 p.m. on Wednesday, August 29, 2007 with all members present. The Pledge of Allegiance was recited.

PROCLAMATION 08-29-07
Debbie Schmidt, Co-chair of the Altrusa Service Committee, read a proclamation proclaiming September 8, 2007 as "International Literacy Day." Johnson moved approval of the Proclamation as read; Jones seconded and the motion carried unanimously. 

PROCLAMATION 08-29-07
Julie Jacobs, Douglas County Payroll Department, read a proclamation proclaiming the week of September 3 - 7, 2007 as "National Payroll Week." Johnson moved approval of the Proclamation as read; Jones seconded and the motion carried unanimously. 

PLANNING 08-29-07 
Sandra Day, Lawrence-Douglas County Metropolitan Planning Department, presented the Board with revisions to the conditions for CUP-02-03-07/SP-07-47-07 Conditional Use Permit and Site Plan deferred from the August 22, 2007 meeting. Day stated she met with the applicant and his representatives to discuss the conditions for approval and changes to the site plan. The site plan has been revised to modify the landscaping along the south side of the commercial area located in the southeast corner of the site to accommodate better visibility and possible vehicle parking in the future. All outstanding violations have been resolved with the exception of the RV that currently provides office and residential space for the on-site manager. The applicant is seeking approval to allow the use of the RV until the existing building space is remodeled and an occupancy permit is obtained, or not to exceed 12 months from the date of approval, which ever comes first.

Staff recommends approval of the revised site plan to an existing Conditional Use Permit CUP -02-03-07 for expansion of a mini storage and outdoor storage facility based on the findings of fact stated in the body of the staff report as documented in the August 22, 2007 minutes and subject to the following conditions:

1. Submission and approval of a photometric plan per 19-4.34 (4)

2. Provision of proof from the Douglas County Zoning Codes Department confirming resolution of existing zoning violations prior to the release of the site plan for issuance of building permits. [Comments provided from County Zoning Administrator confirm site violations addressed and application submitted for County BZA for temporary use of RV for caretaker's residence on-site.]

3. Provision of a revised site plan to clarify the use of the "commercial store" as either a retail activity or as a repair business conforming to B-3 zoning requirements.

4. Provision of a revised site plan to show any overhead doors of the "commercial store" building (building A) as applicable.

5. Provision of a note that no storage of vehicles shall be allowed within the parking lot area located east of building A.

Provision of a revised general note 18 to state, "The parking lot area located west of building A is for customer parking or activities associated with business operations allowed in B-3 zoning and specifically prohibits the storage of vehicles. Any outdoor storage or display outside of the storage facility shall first be approved by a revised site plan prior to activity or use of parking lot for storage or display activities.  Site plan to be reviewed/approved administratively as appropriate within the B-3 district.


Jones moved to approve SP-07-47-07 site plan to an existing Conditional Use Permit CUP-02-03-07 for Clinton Cove Subdivision No. 2 Mini-Storage as amended by staff and subject to the above-listed conditions; and the Board granted approval to allow the property owner the use of an RV for management residence until he can obtain an occupancy permit for the remodel of an existing building space, for a period not to exceed 12 months. Motion was seconded by McElhaney and carried unanimously.

CONSENT AGENDA 08-29-07
Jones moved approval of the following Consent Agenda:

  ► Acquisition of Easement for right-of-way acquired for drainage structure replacement Project No. 18500818, located on N 1850 Road at 818 E.

The motion was seconded by McElhaney and carried 3-0.

RURAL WATER DISTRICTS 08-29-07
The Board opened a public hearing for the purpose of receiving written or oral objections and considering the approval of attachment of lands to Rural Water District No. 4 filed by the First Southern Baptist Church of Eudora, Kansas. Homer Baker, Chairman of the Building Committee for the First Southern Baptist Church, asked for a continuance with a date uncertain due to new information regarding interest from the City of Eudora to explore the possibility of supplying water to the church. Also present were Kevin Wood, Pastor of First Southern Baptist Church of Eudora; and Scott Schultz, Rural Water District No. 4. David Waters, attorney representing the City of Eudora, stated the City is opposed to the petition.

Johnson made a motion to close the public hearing; Jones seconded and the motion carried unanimously.

Jones moved to approve the request for continuance of the public hearing to a date uncertain, stating it was up to the applicant to bring the item back before the Board. McElhaney seconded and the motion carried unanimously.  

RURAL WATER DISTRICTS 08-29-07
The Board opened a public hearing for the purpose of receiving written or oral objections and considering the approval of attachment of lands to Rural Water District No. 4 as filed by land owner Dallas Livingood. David Waters, attorney for City of Eudora, asked for clarity regarding the location of the tracts listed in the petition.

Jones moved to close public hearing; McElhaney seconded and the motion carried unanimously.
 
Jones moved approval of the petition for land attachment for the following lands: Lots 1, 2, 3, & 4 of the South half (S 1/2 ) of the West half (W 1/2) of the northwest quarter (NW 1/4) of Section 26, Township 13 South, Range 20 East of the 6th P.M. consisting of 40 acres more or less. Motion was seconded by McElhaney and carried unanimously. 

PUBLIC WORKS 08-29-07
The Board received a recommendation from the Lecompton Township for the County to declare a portion of E700 Road (1813 N to 2000 N) as "minimum maintenance." The process requires a motion from the Board to enact a request for recommendation by resolution initiating action by the Planning Commission. Michael Kelly, Douglas County Surveyor, was present for discussion. Kelly stated the road has not been traveled in the last decade, but declaring it as a "minimum maintenance" road will keep properties from being landlocked.

Jones moved approval of Resolution 07-35, requesting a recommendation concerning the designation of a portion of E700 Road as "minimum maintenance" and forwarding to the Planning Commission for recommendation. Motion was seconded by McElhaney and carried unanimously.

ACCOUNTS PAYABLE 08-29-07
CJ moved to approve a wire transfer in the amount of $253,070.50 to be paid 08/31/07. Motion was seconded by McElhaney and carried unanimously.

APPOINTMENT 08-29-07
McElhaney made a motion to appoint John Studdard, Lawrence, Kansas, to the Jayhawk Area Agency on Aging Board of Directors, filling the unexpired term of John Hope. The term will expire on September 30, 2008. Motion was seconded by Jones and carried unanimously.

MISCELLANEOUS 08-29-07
Jones asked Craig Weinaug, County Administrator, to schedule a review of the project "to do list."

MISCELLANEOUS 08-29-07
The Board discussed the commitment level from the City on funding the upgrades and maintenance to the roads leading to and including the island for the new wastewater treatment plant

Jones moved to adjourn; Johnson seconded and the motion carried 3-0.

 

____________________________   ____________________________
Bob Johnson, Chairman                       Jere McElhaney, Vice Chair

ATTEST:

_____________________________   ____________________________
Jamie Shew, County Clerk                     Charles Jones, Member
   

Location

County Courthouse
1100 Massachusetts St, Lawrence, KS 66044, USA