Meeting Information
-Convene
-Consider approval of minutes for October 3, October 10 (5:00 p.m. and 6:35 p.m.) and October 29, 2007.
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders;
(b) Review and approve line item adjusted budget summary form for Citizen Review Boards for FY 2007 (Pam Weigand)
REGULAR AGENDA
(2) Consider purchase to improve technology in the Courtrooms (Jackie Waggoner)
Planning Items:
(3) (a) Consider approval of CUP-08-08-07: Conditional Use Permit for a retail nursery at 264 E 2100 Road. Submitted by William Voigts Jr., property owner of record. (Sandra Day, Planner)
(b) Consider approval of CUP-12-09-05; A revision to Conditional Use Permit for Stony Point Hall, to increase occupancy. (Sandra Day, Planner)
(4) Discussion with Willow Springs Township regarding the location of a new fire station. (Michael Kelly & Linda Finger)
(5) Consider request to extend E 350 road right-of-way in Kanwaka Township. (Keith Browning)
(6) Consider approval of Cooperation Agreement with Baldwin City for reconstruction of Route 1055 (6th Street) in Baldwin City from Indiana Street to Orange Street (Keith Browning)
(7) Other Business
(a) Consider approval of Accounts Payable (if necessary)
(b) Appointments
(c) Miscellaneous
(d) Public Comment
(8) Adjourn
(LARGER BACKUP MAPS ARE AVAILABLE FOR VIEW AT THE COUNTY ADMINISTRATOR'S OFFICE AND THE PLANNING OFFICE)
Johnson called the meeting to order at 8:35 a.m. on Monday, November 12, 2007 with all members present.
Jones moved to approve the minutes of October 3, October 10 (5:00 p.m. meeting), October 10, (6:30 p.m. meeting) and October 29, 2007. The motion was seconded by McElhaney and carried unanimously.
CONSENT AGENDA 11-12-07
Jones moved approval of the following Consent Agenda:
► Commission Order No. 07-165 (on file with the office of the Clerk); and
► FY 2007 Line Item Adjusted Budget for Citizens Review Board to move $2,561.00 from the Contractual Professional Line item to the Personnel Line Item.
The motion was seconded by Johnson and carried unanimously.
PURCHASING 11-12-07
Jackie Waggoner, Director of Purchasing, requested the Board consider a waiver to the formal bidding process for the purchase of Pointmaker Video Markers. This technology is an evidence viewing devise, with plasma screens and projectors used through a podium. District Court has allocated funds to improve technology in Division I and the Pro Tem courtrooms. It is their intent to phase this technology to each courtroom as funds become available. Judge Fairchild, and Linda K ster-Vogelsang, District Court, were also present for the discussion. The total cost for the two courtrooms is $57,000.
Pam Madl, Assistant County Administrator, stated the time is good to implement this equipment due to the renovation process in the courtrooms. She has told contractors to put in all connectivity involved with the upgrade regardless whether the Board approves the purchase for future improvements.
Jones stated his biggest concern is the whole picture. He asked for the total cost of doing to all courtrooms. Waggoner stated she d s not have that total cost now. Jones stated his concern that if this technology was provided to one or two courtrooms, that eventually all of the judges would also want the same capabilities in their courtrooms. He suggested that we should know the total, eventual cost of equipping all of the courtrooms, before the Commission acts on this request. Jones asked if the County purchased the equipment for all seven courtrooms if there would be a discount. Waggoner stated she was not sure. Sometimes state contracts would give a discount for larger quantity. Fairchild stated the option to provide for all courtrooms was discussed, but was too expensive.
Craig Weinaug, County Administrator, stated the Board is not suggesting the County purchase the equipment all at once, but this is a decision that will probably commit us to doing the whole thing and they should have the eventual cost.
Jones asked if there are less expensive alternatives. Fairchild replied there are drop down projectors from the ceiling that would run $15,000-$20,000 per courtroom, but the plasma screens are preferred. Jones stated we do not know the cost of opening the other walls for wiring.
After further discussion, it was the consensus of the Board to table the item for one week to gather estimates on long-term costs of implementing technology in all seven courtrooms with wiring, and put on the Monday, November 19, 2007 agenda.
PLANNING 11-12-07
The Board considered the approval of CUP-08-08-07, a Conditional Use Permit for an 80-acre, retail nursery at 264 E 2100 Road. The application was submitted by William Voigts, Jr., property owner of record. Sandra Day, Lawrence-Douglas County Metropolitan Planning Department, was present for discussion. Staff recommends approval of the CUP-08-08-07 for retail nursery. The Planning Commission approved the item with a 10-0 vote and forwarded it to the County Commission with a recommendation for approval based on the following findings of fact:
Zoning and uses of properties nearby. The current zoning is A (agricultural). The existing uses include agricultural areas and rural residential homes located along county roads.
Character of the area. Area is dominated by agricultural activity in the immediate vicinity but include residential homes along existing county roads. The area also includes individual tracts that have not been developed both to the north and south of the subject property.
Suitability of subject property for the uses to which it has been restricted. The proposed request will not alter the base zoning district. Retail nurseries are allowed in the A (Agricultural) district subject to approval of a Conditional Use Permit and compliance with minimum standards. The subject property currently operates as an agricultural operation that includes the "sale of produce, flowers, crops, and other products which are produced by the applicant." Approval of the request will bring the property into compliance with current County Zoning Regulations.
Length of time subject property has remained vacant as zoned. The subject property is not vacant but includes multiple buildings on the site as identified and listed on the site plan. The property is part of a larger agricultural area that has been zoned since the adoption of county zoning.
Extent to which removal of restrictions will detrimentally affect nearby property. Approval of this request will not remove any existing land use restrictions. The property currently operates a retail type activity as part of the sales of agriculturally produced products. Approval of the request will allow for the sale of ancillary products associated with the main activity of the site. No impact is anticipated to result on nearby property owners as a result of the approval of the Conditional Use Permit.
Relative gain to the public health, safety and welfare by the destruction of the value of the petitioner's property as compare to the hardship imposed upon the individual landowners. There is no discernible value to the public that will result from the approval. The existing retail sales of ancillary products has grown from the original business and resulted in a violation of the current zoning code thus requiring the applicant to seek a Conditional Use Permit or remove that portion of the activity from the site.
Conformance with the comprehensive plan. The subject property will continue to be used for agricultural related purposes and activities consistent with basic land use recommendations stated in Horizon 2020.
AND subject to the following conditions:
1. Provision of a revised site plan to include the following notes:
a. The permit will be administratively reviewed by the County in 5 years (Calendar Year 2012).
b. The permit will expire at the end of 10 years (Calendar Year 2017), unless an application for renewal is approved by the local governing body.
c. Retail area shall not exceed 3,500 square feet of enclosed net retail space.
Keith Browning, Director of Public Works, stated there was an issue of an illegal entrance that needs to be reviewed by the township. Day stated there could be a condition added to the CUP pending approval from the township for the widening or improvement of a driveway entrance.
It was the consensus of the Board to table the item until the Monday, November 19, 2007 meeting and place on the Consent Agenda provided an agreement is made between the Public Works Department, Palmyra Township and property owner regarding the nursery entrance.
PLANNING 11-12-07
The Board considered changes to CUP-12-09-05; Stony Point Hall, a reception center located at 1514 N. 600 Road. The change constitutes an expansion in occupancy from 236 people to a maximum of 299. Sandra Day, Lawrence-Douglas County Metropolitan Planning Department, was present for the discussion. Staff recommends approval of the revised site plan portion of the Condition Use Permit-CUP-12-09-05; Stony Point Hall subject to the following conditions:
1. Provision of a revised site plan that shows:
a. The additional parking spaces noted in the applicant's letter and
b. Notation on the face of the site plan that states the maximum occupancy of the facility.
No public comment was received.
McElhaney moved to accept the revision for change in occupancy to CUP-12-09-05; Stony Point Hall. Motion was seconded by Jones and carried unanimously.
WILLOW SPRINGS TOWNSHIP & FIRE STATION 11-12-07
The Board discussed the potential development of a new fire station location in Willow Springs Township located at the corner of N650 Road and E1100 Road. Michael Kelly, County Surveyor; Charlie Wintermantle and Jerry Smith, Willow Springs Trustees; and Linda Finger, Planning Resource Coordinator; were present for the discussion. The township board has been working with County Public Works to secure the vacation of excess road right-of-way north of County Route 460 so the township can purchase or acquire the vacated right-of-way land for the purpose of building a fire station. The vacation process for the return of excess road right-of-way to the original tract of land road easement has commenced. A hearing before the Health Department has been scheduled to consider site area variances for the location of a septic tank and lateral field on less than three acres.
Jones stated he understands the concerns regarding frontage and adequate septic. He asked if the Board would choose to approve this, would it set a bad precedent. Finger stated she spoke with the County Counselor regarding this issue and she stated he believes this falls under the exemption for a public utility. It could set precedent for other public utilities, but on a broader sense it would not. Jones asked if this is a safe place to put a building, or would it cause traffic issues. Johnson stated it would be an ideal location with great access to 460.
Craig Weinaug, County Administrator, stated that he was comfortable being able to limit this to an existing regulation by treating this as a public utility. It would essentially be treated as a water tower or a lift station.
Jones asked for the number of acreage for the entire property. Kelly stated both triangle lots are approximately 1.5 acres each. From the section line to the center of the black top is about three acres on each side. Jones is there is a water source. Kelly stated there is 4-inch water lines from Rural Water District No. 2.
Richard Ziesenis, Director of Environmental Health, stated there is a little more than three total acres of property, adequate for the septic tank and lateral fields. A variance would not be required.
It was the consensus of the Board that the project is workable and to treat the project as a public infrastructure.
SUBDIVISION REGULATIONS & ROAD RIGHT-OF-WAY 11-12-07
The Board discussed a policy issue regarding Subdivision Regulations and the requirement that additional road right-of-way be dedicated as part of the Certificate of Survey process when roads accessed by proposed development have less then the required road right-of-way for the road classification designed on the Access Management Standards map. Linda Finger, Planning Resource Coordinator, was present for the discussion. The minimum road right-of-way for locally classified roads is 70 feet. The dimensions for local road right-of-way in Douglas County range from 40-60 feet with 66 feet being the common width. The problem results when homes or other structures are built at the front yard setback line causing nonconformance whenever additional right-of-way is dedicated. The nonconforming status can only be appealed to the Board of Zoning Appeals, not to the County Commission. An appeal from a BZA determination can only be made to the District Court.
Finger provided a text amendment from the County Counselor that would eliminate the reclassification of an existing structure when the front yard setback (and conforming status) are altered by the dedication of additional road right-of-way.
Jones moved to initiate the text amendment for public hearing to the Planning Commission and stated support of the principal. Motion was seconded by McElhaney and carried unanimously.
PUBLC WORKS 11-12-07
John Solbach, property owner, asked the Board to consider the extension of E 350 Road right-of-way in Kanwaka Township, south of N 1700 Road, to create another buildable lot for the 25-acre parcel immediately southwest of the terminus of the existing road. Existing E 350 Road right-of-way extends from N 1700 road to one-fourth mile south of N 1700 Road.
Jones stated extending cul-de-sacs is generally not a good idea. The County has to spend time plowing and maintaining them. Regarding the taxes, one more house is not going to generate enough taxes in revenue to support a new road. This is an economics issue. To build this road to essentially increase the value of one property is not good economics. He stated he understands the owner's desires, but they are just not economically feasible.
Jones stated if the County accepts the right-of-way, increasing the property value, the property may get sold to a party who d s not understand they will be responsible for building the road. McElhaney stated he wants to physically review the property before a decision is made. Johnson asked Browning to review how the roads could be connected and give an estimate of the cost associated with building the road.
Johnson stated he likes the scenario where people are not told they can't do something, but they are told very clearly they have criteria to meet and they have to pay for it. According to Johnson, that puts the economics on the table. It's their choice to build it. Johnson stated the County should consider vacating all existing right-of-way we do not have a road for and take it off the map. Then, everybody is in the same boat. Jones stated his goal is for growth to pay for itself.
After further discussion, the Board did not take action.
PUBLIC WORKS 11-12-07
The Board considered a cooperation agreement with Baldwin City for the reconstruction of Route 1055 (6th Street) in Baldwin City from Indiana Street to Orange Street. Keith Browning, Director of Public Works, was present for the discussion. This project would extend the improvements made in 2001 from Route 1055 (6th Street) from Ames (US-56 highway) to Indiana Street.
The cost share arrangement from the previous project was:
- Baldwin City pays 100% of sidewalk costs, 100% of utility relocation costs, 50% of remaining construction costs, 50% of engineering design and construction inspection costs.
- Douglas County pays 50% of construction costs less sidewalk and utility relocation costs, 50% of engineering design and construction inspection costs.
Most recent cost estimate, the approximate cost shares (2008 dollars) would be as follows:
Construction: <1/2xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com:office:smarttags" />Baldwin City $ 550,908
DGCO $ 416,992
Total $ 914,900
Design Engineering: Baldwin City $ 54,894
(12% construction) DGCO $ 54,894
Total $ 109,788
Construction Engr: Baldwin City $ 54,894
(12% construction) DGCO $ 54,894
Total $ 109,788
Total Project Costs: Baldwin City $ 610,696
DGCO $ 523,780
Total $1,134,476
Browning stated the estimates are conservative. Douglas County currently has $432,697 allocated in the CIP for this work. Baldwin City has $500,000 earmarked in their budget for the project. Douglas County is approximately $100,000 short. Pam Madl, County Administrator, stated there is a good chance another public works project will be delayed, allowing for the additional funding.
Johnson moved to approve the cooperation agreement with Baldwin City for the reconstruction of Route 1055 (6th Street) from Indiana Street to Orange Street in Baldwin City. Motion was seconded by Jones and carried unanimously.
ACCOUNTS PAYABLE 11-12-07
Jones moved to approve payroll in the amount of $791,774.66 paid on 11/02/07; FICA in the amount of $57,966.17 paid on 11/09/07; KPERS in the amount of $62,611.82 paid on 11/09/07; and accounts payable in the amount of $637,777.48 to be paid on 11/12/07. The motion was seconded by Johnson and carried unanimously.
MISCELLANEOUS 11-12-07
Keith Browning, Director of Public Works, provided the Commission with a copy of the 2007-2008 Snow Policy.
MISCELLANEOUS 11-12-07
The Board discussed setting up a committee to discuss project amounts and priorities for the Airport Industrial Park and Farm Land regarding infrastructure and road improvements. Johnson directed Craig Weinaug, County Administrator, to talk with Dave Corliss, City Manager, about the County Commission's eagerness to set a committee to pursue discussions regarding the Airport Industrial Park and Farm Land and whether it's feasible for the local governments to invest what is necessary to make the industrial parks work. Jones offered to speak with one of the City Commissioners regarding the same process.
Jones moved to adjourn the meeting; McElhaney seconded and the motion carried.
____________________________ ____________________________
Bob Johnson, Chairman Jere McElhaney, Vice Chair
ATTEST:
_____________________________ ____________________________
Jamie Shew, County Clerk Charles Jones, Member
Time and Date