Meeting Information
6:35 P.M.- (Meet in the Commission Chamber)
-Convene
-The Pledge of Allegiance
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders;
REGULAR AGENDA
Planning item:
(2) Approve Resolution No. 6724, requesting the Board of County Commissioners of Douglas County find and determine that the annexation of approximately 536.88 acres for the Wakarusa Water Reclamation Facility will not hinder or prevent the proper growth and development of the area or that of any other incorporated city located within the county.(Mary Miller is the Planner)
(3) Public Hearing for petition for approval of attachment of lands to RWD No. 4-Troy Holck(Scott Schultz)
(4) Consider approval of a resolution relating to and amending the Zoning Regulation (Article 22A) for the unincorporated territory of Douglas County (Keith Dabney)
(5) Consider approval of a resolution to initiate proceedings to consider discontinuance of minimum maintenance road designations (Keith Browning)
(6) Consider approval to solicit bids for deck resurfacing for Bridge No. 16.00N-02.11E and Bridge No. 11.00N-13.30E (Keith Browning)
Johnson called the meeting to order at 6:35 p.m. on Wednesday, September 19, 2007 with all members present. The Pledge of Allegiance was recited.
ANNEXATION & WASTE WATER RECLAMATION FACILITY 09-19-07
The Board considered the approval of Resolution No. 6724 for an annexation for approximately 537 acres, located one mile south of the City limits, northeast of the intersection of E 1600 and N 1175 Roads. The proposed use of land is for a utility plant, which will provide wastewater reclamation services needed for additional development within the City and surrounding areas. The application was submitted by Bartlett & West Engineers for the City of Lawrence, property owner of record. Mary Miller, Lawrence-Douglas County Metropolitan Planning Department, was present for discussion. The request for annexation is accompanied by a rezoning application, a preliminary plat, and an Institutional Development Plan/Special Use Permit. The plan complies with Horizon 2020 and with the annexation policy. The property is currently zoned V-C (Valley Channel) and A (Agricultural). The property has very few residences nearby with buffers to the north and east sides of the property. Staff recommends approval of the requested annexation with the following condition:
1. Compensation be made to Rural Water District #4 for any rural water district facilities within the annexed area.
McElhaney asked if Wakarusa Township has been updated. Miller stated the Wakarusa Township Trustee attended some of the meetings and was involved during the work process.
Jones asked for clarification on the action requested from the Board. Miller stated there are two actions, the Annexation and the minimum maintenance road issues. The Special Use Permit will go to the City Commission.
David Corliss, Lawrence City Manager, introduced Mike Lawless as the Wakarusa Project Engineer. Lawless gave background information on the site selection and discussed issues being addressed, which included odor control, impacts to the Wakarusa River, quality & hydraulic impacts, utilities (electric, gas, water and communications), neighbors, traffic and roads.
Jones asked what roads would be used as truck traffic routes to the facility. Wagner stated US Highway 59, and County roads 458 and 1055 would be used as truck routes. We would use these roads to direct traffic to get to the intersection of E1500 and N1100. Jones asked where the trucks come from and what they would be hauling. Wagner stated at this time he d s not know.
Jones asked if the City was committed to returning the roads to the same condition as they started prior to the construction of the facility. He commented that this commitment is important to the County as a matter of faith and partnership with the City. Lawless stated that the City would take pictures of the roads prior to using them.
Jones asked Keith Browning, Director of Public Works, what the potential impact of the construction project will be to County roads and roads outside the boundaries of the project. Browning stated he d s not know what kind of truck traffic we are talking about, until the City can determine where the fill will be coming from. If the trucks all come down 458 and 1055, it is a concern. This type of heavy load on our roads could cause a problem. County roads are designed to take this type of traffic, but township roads are not. Lawless stated we are looking at longer than a two-year process. However, the majority of the heavy use will be during the beginning of the process when fill and concrete are brought in.
Corliss stated the City is committed to responding to damage of County and any township roads that g s beyond normal wear and tear during the construction project.
Jones stated he thinks there is a potential for consequences and he wants to make sure from the beginning, that there is a spirit of cooperation from the City in addressing these consequences. Corliss responded that the City is committed to leaving the township and county roads in as good of shape as they found them, understanding that there will still be normal maintenance on those roads as well.
McElhaney asked if speed limits during construction have been addressed for township and county roads. Lawless stated not at this time.
Jones asked what would happen with the part of the site not occupied by the facility. Lawless stated they are looking at several options, which include continued use as agriculture operations with the possibility of applying some bio-solids, returning some area to natural habitat, and providing a riparian buffer on the Wakarusa to protect the watershed.
Johnson asked what is meant by N1175 being used as a secondary access. Lawless stated that N1175 Road provides an alternate route if 1600 Road would be blocked or unusable.
Johnson opened the meeting for public comment:
Mayor Sue Hack stated the reclamation facility is an incredibly important project for the future of Lawrence and Douglas County. The City's current facility will be topped off in 2011, so this is not a facility that can put on hold for very long. Hack stated she appreciates the spirit of cooperation that she feels is shown in these kinds of actions. She also assures the County Commission that any damage the City d s to County roads will be repaired by the City. She and Commissioner Amyx are only 40% of the City Commission, but she cannot imagine that the rest would not follow. She stated this is an exciting opportunity for planning the growth for Lawrence and Douglas County and she appreciates the County's help in getting them there.
Johnson moved to close the public hearing; Jones seconded and the motion carried unanimously.
Johnson moved that the Board make the following findings: 1) the owners of the real estate have requested annexation of such real estate to the City, and 2) the annexation of the real estate will not hinder or prevent the proper growth and development of the area or that of any other incorporated city located in Douglas County, Kansas, and subject to the above listed condition. The foregoing findings shall be spread at length upon the journal of proceedings of the Board. The motion was seconded by Jones and carried 3-0.
PUBLIC WORKS & ANNEXATION 09-19-07
Jones moved to approve Resolution 07-38 initiating proceedings to consider discontinuance of minimum maintenance road designations. Motion was seconded by McElhaney and carried 3-0.
RURAL WATER DISTRICT NO. 4 & ATTACHMENT OF LANDS 09-19-07
The Board held a public hearing for the petition for approval of attachment of lands to Rural Water District No. 4. Scott Schultz, Rural Water District No. 4, was present for discussion.
Troy Holck, petitioner, stated he purchased a 40-acre tract in October 2006 and found out that rural water was not available. He tried drilling a well, but no water was found. Holck asked that his property and a group of surrounding landowners be annexed and attached to Rural Water District No. 4.
Jones asked Keith Dabney, Director of Zoning and Codes, if Holck's property, a flag shaped lot, is developable. Dabney stated that property might be developed if purchased prior to December 2006 when the new subdivision regulations came into effect. Jones stated the property would have to meet the regulation requirements in order to build on the property. The approval of land attachment is not a guarantee.
Jones moved to approve the petition for approval of attachment of lands to Rural Water District No. 4, Douglas County, Kansas; to amend petition for approval of attachments of lands to Rural Water district No. 4, Douglas County, Kansas, to correct the legal description regarding attachment of land by petitioners Robert B. McTaggart and Sarah L. McTaggart.
The lands sought to be attached are described as follows (i) a parcel of land located in the northwest quarter of Section 27, Township 14 South, Range 21 East of the 6th P.M., Douglas County, Kansas, more particularly described as follows: Commencing at the northwest corner of the northwest quarter; thence South 00°13'24" East, 2409.52 feet to the point of beginning, said point being on the West line of the northwest quarter; thence North 89°38'14" East 250.00 feet; thence South 00°13'24"East 190.00; thence North 89°38'14" East 1175.21 feet; thence North 00°14'42" West, 1270.56 feet; thence North 89°36'14" East 1225.51 feet, said point being on the East line of the northwest quarter; thence South 00°09'07" East 1331.13 feet, said point being the southeast
corner of the northwest quarter; thence South 89°38'14" West 2648.58 feet, said point being the southwest corner of the northwest quarter: thence, North 00°13'24" West, 250.00 feet to the point of beginning, and being known as Parcel 3 as shown in Plat Survey record March 2, 2006, in book 1002, page 3712; (ii) North 20 acres of West half of southwest quarter of Section 27, Township 14 South, Range 21 East; (iii) Commencing at the southwest corner of southwest quarter of Section 27, Township 14 South, Range 21 East, thence North 00°13'24" West 1330.24 feet to point of beginning, said point being on West line southwest quarter; thence continued along said West line North 00°13'24" West 342.26 feet thence North 89°38'14" East 1323.67 feet, said point being on East line West half of southwest quarter; thence along said East line South 00°11'15" East 349.05 feet thence South 89°55'52" West 1323.45 feet to point of beginning, containing 9.39 acres; (iv) Commencing at the northwest corner of the southwest quarter of Section 27, Township 14 South, Range 21 East, thence South 00°13'24" East 657.97 feet to point of beginning on West line of southwest quarter: thence North 89°38'14" East 1323.88 feet to East line of West half of southwest quarter thence along said East line South 00°11'15" East 329.06 feet thence South 89°38'14" West 1323.67 feet to West line of southwest quarter thence North 00°13'24" West 329.06 feet to point of beginning, less public road right of way, containing 10 acres; (v) Beginning at a point 887.95 feet West of southeast corner of Section 28, Township 14 South, Range 21 East, thence West 470.6 feet thence North 2046 feet, extending 726 feet into North half said quarter section; thence 470.6 feet thence South 2046 feet to point of beginning, containing 22.1 acres; (vi) East 887.95 feet of South half or southeast quarter of Section 28, Township 14 South, Range 21 East, containing 26.9 acres; (vii) East 15 acres of South 44 acres of North half of southeast quarter Section 28, Township 14 South, Range 21 East; (viii) Beginning at southwest corner of Section 27, Township 14 South, Range 21 East thence North 00°13'24" West 660 feet, said point being on West line southwest quarter: thence North 89°55'52" East 330 feet thence South 00°13'24" East 660 feet, said point being on South line southwest quarter, thence South 89°55'52" West 330 feet to point of beginning, containing 5 acres; (ix) East half of northeast quarter of Section 33, Township 14 South, Range 21 East, less: Begin at northeast corner of Northeast quarter of Section 33, Township 14 South, Range 21 East; thence West 25 rods; thence South 64 rods; thence North 64 rods to beginning in Douglas County, Kansas, containing 10 acres. AND Commencing 32 rods South of the Northeast corner of the Northeast Quarter of Section 33, Township 14, Range 21, to the point of beginning, thence South 32 Rods, thence West 25 rods, thence North 32 rods, thence East 25 rods to point of beginning in Douglas County, Kansas.
Motion was seconded by McElhaney and carried 3-0.
ZONING & TEXT AMENDMENTS 09-19-07
The Board considered a resolution for the addition of Article 22A to the Douglas County Zoning Regulation. The text amendments TA-04-03-07 were approved by the Board on July 18, 2007. Keith Dabney, Director of Zoning and Codes Department, was present for discussion.
Johnson moved to approve Resolution 07-37 relating to and amending the Zoning Regulations for the unincorporated Territory of Douglas County, Kansas. The motion was seconded by Jones and carried unanimously.
PUBLIC WORKS 09-19-07
The Board considered approval to solicit bids for silica fume overlays for Bridge No. 16.00N-02.11E located on Route 442 on the west edge of Stull; and Bridge No. 11.00N-13.30E located N1100 Road east of US-59 highway. Keith Browning, Director of Public Works, was present for discussion. The primary reason for the proposed overly is to prolong the life of the bridge. Both bridges show signs of cracking. The CIP currently includes $80,000 for a silica fume overlay for Bridge No. 16.00N-02.11E, but d s not include Bridge No. 11.00N-13.30E. Browning requests to fund both silica fume overlay projects from the CIP and to resurface, with asphalt, the roadway approaches to the bridge. Preliminary cost estimates are $65,000 for the bridge on Route 422, and $60,000 for the bridge on N1100 Road. Pam Madl, Assistant County Administrator, stated funds are available in the CIP.
After discussion, Jones moved to approve the solicit of bids for silica fume overlays for Bridge No. 16.00N-02.11E located on Route 442 on the west side of Stull, and Bridge No. 11.00-13.30, located on N 1100 Road 0.3 miles east of US-59 highway. The motion was seconded by Johnson and carried unanimously.
Johnson moved to adjourn the meeting; Jones seconded and the motion carried unanimously.
____________________________ ____________________________
Bob Johnson, Chairman Jere McElhaney, Vice Chair
ATTEST:
_____________________________ ____________________________
Jamie Shew, County Clerk Charles Jones, Member
Time and Date