Meeting Information
-Convene
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders; and
(b) Consider acquisition of right of way for culvert No. 5.72N - 18.50E (Michael Kelly)
REGULAR AGENDA
(2) Consider approval of SP-04-28-08; a revised site plan for Victorian Veranda Bed & Breakfast; associated with CUP-08-11-97 (Mary Miller)
(3) Consider approval of (i) Temporary Set Aside Agreement and (ii) Cross Access Easement, for Cluster Development; Owners/Developers are Gerald Dwyer and Sharon Dwyer. (Mary Miller)
(4) Continue a public hearing for proposed vacation of E700 Road from 1800N to 1900N as tabled from the May 14, 2008 meeting (Michael Kelly)
(5) Consider approval of resolution for the vacation of E700 Road from 1800N to 1900N (tabled from the May 14, 2008 meeting (Michael Kelly)
Johnson called the meeting to order at 6:35 p.m. on Wednesday, June 4, 2008 with all members present.
CONSENT AGENDA 06-04-08
Johnson moved approval of the following Consent Agenda:
â–ºAcquisition of right-of-way for Drainage Structure No. 5.72N - 18.50E from John F. and Sharon A. Vesecky, 1814 N 600 Road, Baldwin City, Kansas; and Barbara J. Coggburn, 584 E 1850 Road, Baldwin City, Kansas.
The motion was seconded by Jones and carried unanimously.
PUBLIC WORKS 06-04-08
Terese Gorman, County Engineer, asked the Board to consider authorizing the approval to solicit bids for the reconstruction of a portion of Route 1055 (6th Street) from Orange Street (N 200 Road) to Indiana Street in Baldwin City, Project No. 2007-16. Bill Winegar, Director of Public Works for Baldwin City, was present for the discussion. The project involves constructing a 31-foot back-to-back curb of urban collector-type roadway with storm sewers and sidewalks. Baldwin City and Douglas County entered into an agreement to equally share all construction costs, except for sidewalks, which are the responsibility of Baldwin City. The latest estimate indicates a total estimated construction cost of $1,207,500, which includes a 5% contingency. The estimate includes $50,000 for sidewalks; however, Baldwin is requesting additional sidewalks currently not shown on the plans. Douglas County costs are currently estimated at $698,733 and the CIP has funds set aside at $593,186 for the County's share of the project.
Johnson opened the item for public comment. No comment was made.
Jones moved to approve authorization to solicit bids for Project 2007-16, the reconstruction of Route 1055 (6th Street) from Orange Street (N 200 Road) to Indiana Street in Baldwin City. Motion was seconded by Johnson and carried unanimously.
PLANNING 06-04-08
The Board considered the approval of SP-04-28-08, a revised site plan for Victorian Veranda Bed & Breakfast located at 1431 N 1900 Road. Mary Miller, Lawrence and Douglas County Metropolitan Planning Department, was present for the discussion. The application was submitted by Rob Phillips for Beverly Phillips, property owner of record. The applicant is seeking approval for a septic system to be added to the property. A Conditional Use Permit was approved for the B&B by the County Commission in 1997. At the time the CUP was approved, the site was 57.78 acres and a lagoon was installed to service the facility and residence. The property is now divided, containing 6.32 acres, and no longer has access to the lagoon. The Director of County Zoning and Codes indicated that codes require that the building be brought up to current codes to use as a residence or the two buildings should be combined to create one residence. The site plan shows the two houses as being connected, which is acceptable. Staff recommends approval of the revised site plan subject to the following conditions:
1) A note must be added to the site plan which states that the landscaping will be maintained as shown on the site plan by the property owner and the property owner will replace any plants that die.
2) A septic system permit must be approved by the Douglas County Health Authority prior to the issuance of any building permits.
3) Four ADA accessible parking spaces be provided, 1 in the parking area with 14 spaces and 3 in the parking area with 60 spaces. These should be as near to the activity area as possible.
Johnson suggested a language wording change to tie the condition to a building permit.
Johnson opened the item for public comment. No comment was received.
After discussion with Staff and the property owners, Jones moved to approve the SP-04-28-08, a site plan for revisions to the Victorian Veranda with the above listed conditions and an additional condition that the applicant will seek a permit for the revision and installation of the lateral system and septic system within the next 30 days. Until this work is complete, the bed and breakfast use will not commence and the home will remain solely a single-family residence. Motion was seconded by Johnson and carried unanimously.
PLANNING 06-04-08
The Board considered the approval of a Temporary Set Aside Agreement and a Cross Access Easement, for Cluster Development. A Certificate of Survey has been approved for the Cluster Development located in the south half of the northeast quarter of Section 33, Township 13 South, Range 19 East, for Gerald Dwyer, property owner of record. The Subdivision Regulations require that certain agreements and easements be dedicated and recorded for Cluster Developments. Mary Miller, Lawrence and Douglas County Metropolitan Planning Department, was present for the discussion.
It was the consensus of the Board that the first 5 or 6 set aside agreements will come before the Board for review and then the rest can be done administratively by the County Administrator.
Rob Phillips, property owner, commented on the lengthy process needed to get to the approval stage to build and also the cost involved in acquiring a Certificate of Survey and a ghost plat.
Jones asked that before this Commission term ends, Miller initiates a discussion on the cost efficiency of acquiring a Certificate of Survey and ghost plat.
Jones moved to approve the Temporary Set Aside Agreement, and for staff to make the adjustment to have the documents signed off administratively. The County Administrator can choose to bring the first few before the Board for review. Motion was seconded by McElhaney and carried unanimously.
Jones moved to approve the Cross Access Easement, and for staff to make the adjustment to have the documents signed off administratively. The County Administrator can choose to bring the first few before the Board for review. Motion was seconded by McElhaney and carried unanimously.
PUBLIC WORKS & ROAD VACATION 06-04-08
The Board conducted a public hearing for the proposed vacation of E700 Road from 1800N to 1900N as tabled from the May 14, 2008 meeting.
Johnson moved to open the public hearing. Motion was seconded by Jones and carried unanimously.
Michael Kelly, County Surveyor, briefed the Commission on the details discussed at the May 14, 2008 meeting. The Rockwall Farms, L.C. property abuts both sides of a one-mile segment of E700 Road. This segment of road is coincidently within the approximate two mile portion of E700 Road, currently under consideration for a declaration of minimum maintenance.
Terry Leibold, Barber Emerson, L.C., representing Rockwall Farms, L.C., presented maps showing the location of the petitioner's land and the proposed roads for vacation. The road proposed to be vacated ends at Patricia Smith's south boundary line. Due to the large amount of timber along the property line, it would not be feasible to put a road in that location.
Jones asked if there is physical evidence of a road. Leibold stated there is evidence of a road entrance and trails, but no road.
Patricia Smith, adjacent resident, stated she opposed the vacation.
Jones moved to close the public hearing. Motion was seconded by McElhaney and carried unanimously.
Jones commented that he understands Smith's concerns but when someone owns both sides of the property, it would be difficult to acquire the road easements necessary to construct the road. Also the economics would never be there due to the nature of the land.
Johnson stated the same seller is on both sides of the road. If there was any evidence of minimum maintenance or even minimum access from the south, he would be less inclined to agree with the vacation. There is only road right-of-way record, but no access. Therefore he supports the vacation.
Jones moved to approve Resolution 08-22 for the vacation of a portion of E700 Road from 1800N to 1900N. Motion was seconded by Johnson and carried unanimously.
PUBLIC WORKS & MINIMUM MAINTENANCE 06-04-08
The Board conducted a public hearing for the declaration of minimum maintenance for E700 Road from 1900N to 2000N as tabled from the May 14, 2008 meeting. The Lecompton Township has requested "Minimum Maintenance Road Designation" for this section of E 700 Road. This prevents the surrounding area from becoming landlocked while reducing tort liability associated with failure to maintain a roadway to normal standards.
Jones moved to open the public hearing; motion was seconded by McElhaney and carried unanimously.
Michael Kelly, County Surveyor, stated there is no evident road bed present.
McElhaney moved to close the public hearing; motion was seconded by Jones and carried unanimously.
McElhaney moved to approve Staff's recommendation designate E700 Road as a minimum maintenance road. Motion was seconded by Jones and carried unanimously.
PUBLIC WORKS & SANCTUARY PROPOSAL 06-04-08
Reverend Gary Teske, Trinity Lutheran Church, asked the Board to consider a proposal for renovation and lease of the Sanctuary side of Public Works building. Also representing the church were Shawn Norris, KU Campus Ministry; Eric West, Chairman of Campus Ministry Board; and Kevin Boatright, Campus Ministry Board
Johnson asked if the County Counselor had reviewed the proposal. Craig Weinaug, County Administrator, responded that he had not because this proposal is not an agreement for signature.
The Board discussed a lease agreement length of 20 years, giving the church the first right of refusal if the County should decide to sell the property, and if the County wanted the property back before the lease expire, the church would want reimbursement for improvements depreciated over a 20 year period. The County would not be held responsible for overnight activities. The Board asked that the contract be drawn up to reflect yearly payments.
It was the consensus of the Board to direct the County Counselor to prepare a lease document accordingly.
MISCELLANEOUS 06-04-08
Jones stated he received a letter from Donna Bell, Lawrence-Douglas County Health Board Chairperson, regarding new EPA Air Quality Standards. He suggested the Board invite Ms. Bell to meet with them and the Health Department at a joint City/County/School Board meeting. .
MISCELLANEOUS & ENERGY AUDIT 06-04-08
The Board considered approval of the Investment Grade Audit Agreement with Custom Energy. Jenny Hesseltine, Administrative Intern, stated that Evan Ice, County Counselor, had reviewed the contract and is comfortable with it. The contract amount was adjusted from $19,000 to $13,410 due to a calculation error on the part of Custom Energy. Hesseltine stated Pam Madl would like to be involved with the Management Committee. Hesseltine also suggested Bill Bell, and asked if one of the Commissioners would also like to be involved. She also commented that the County Counselor would be speaking with Ryan Freed, Energy Council, regarding the State statute and the bidding process.
It was the consensus of the Board to authorize the County Administrator to execute the contract and for the expense to be paid from the Commissioner's account.
Jones moved to adjourn the meeting; Johnson seconded and the motion carried.
___________________________ ____________________________
Bob Johnson, Chairman Jere McElhaney, Vice Chair
ATTEST:
_____________________________ ____________________________
Jamie Shew, County Clerk Charles Jones, Member
Time and Date