Meeting Information
-Convene
-Consider the minutes of October 27, 2008.
CONSENT AGENDA
(1 )(a) Consider approval of Commission Orders;
(b) Consider approval of road right-of-way contract for project No. 2007-13, the improvement of County Route 438 from 625E to 850E. (Also known as the farmer's turnpike) (Michael Kelly)
(c) Acceptance of fee reports of November 2008 and additional submissions for August and October 2008.
REGULAR AGENDA
(2) Consider a request for a variance from the Subdivision Regulations to permit the installation of an onsite sewage management system in Service Area 1 of Lawrence's Urban Growth Area. (Mary Miller)
(3) Other Business
(a) Consider approval of Accounts Payable (if necessary)
(b) Appointments
(c) Miscellaneous
(d) Public Comment
(4) Adjourn
Johnson called the regular session meeting to order at 6:35 p.m. on Wednesday, December 17, 2008 with two members present. Jones was absent due to a family emergency.
McElhaney moved to approve the minutes of October 27, 2008. Motion was seconded by Johnson and carried 2-0.
CONSENT AGENDA 12-17-08
McElhaney moved approval of the following Consent Agenda:
► Commission Order No. 08-073 (on file with the office of the Clerk)
► Road right-of-way contract for project No. 2007-13, the improvement of County Route 438 from 625E to 850E, also known as the farmer's turnpike; and
► Acceptance of fee reports of November 2008 and additional submissions for August and October 2008.
Motion was seconded by Johnson and carried 2-0.
PLANNING 12-17-08
The Board considered a request to vary from the requirements of Section 20-811(d)(1) of the Subdivision Regulations to permit the extension of a septic system in Services 1 of Lawrence's Urban Growth Area. Mary Miller, Lawrence-Douglas County Metropolitan Planning Staff, presented the item. The subject property located at the northeast corner of the intersection of N 1750 and E 1100, and E 1130 Roads is owned by Mr. and Mrs. Carey P. Berger. The owners plan to construct a singe-family residence if the variance is approved. The property meets the health regulations requiring a minimum of five acres in order to have a septic system. For water, a well may be used or the property may be served by the Rural Water District. The intent of Section 20-811(d) of the Subdivision Regulations is to prevent the occurrence of septic system installation in Service Area 1 of the Urban Growth Area (UGA). Service Area 1 is generally considered to be that area in which the City anticipates utility services will be available within a five-year time period. While this property is located within the Service Area 1, City services will not likely be available within the next five years. The applicant agreed to sign an annexation agreement and connect to the City services when available. Staff feels the variance, as conditioned, is in harmony with the intended purpose of these regulations.
Planning staff recommends approval of the requested variance subject to the following conditions:
A. The onsite wastewater system shall be restricted to lateral field design only. A lagoon shall be prohibited.
B. The onsite wastewater system shall be designed in accordance with the Douglas County Health Department regulations.
C. Prior to the release of a building permit, the property owner shall execute an
Agreement Not to Protest Annexation by the City of Lawrence, which will include the following:
(i) A petition for annexation.
(ii) An Agreement Not to Protest the Formation of a Benefit District to pay the costs of extension of sanitary sewer and water service to the site, upon annexation.
(iii) An Agreement Not to Protest the Formation of a Benefit District to pay the costs of street, intersection, sidewalk and stormwater improvements for E 1100 and E 1130 Roads, upon annexation.
(iv) An Agreement Not to Protest the Formation of a Benefit District to pay the costs of extension of a road from the east to serve the development, upon annexation.
(v) The agreement shall note that annexation shall be required when the City of Lawrence determines that the property will benefit from any sewer, water or road improvements and is needed to support a benefit district for their construction.
It was the consensus of the Board that with the economy as is, the annexation of this area will be slow.
Johnson opened the item for public comment. No comment was received.
Johnson moved to the variance subject to the above listed conditions. Motion was seconded by McElhaney and carried 2-0.
APPOINTMENT 12-17-08
It was the consensus of the Board to table the appointment and reappoint to the First District No. 1 for the Monday, December 22, 2008 agenda.
ACCOUNTS PAYABLE 12-17-08
McElhaney moved to approve payroll in the amounts of $787,269.74 paid on 12/05/08, and $39,174.80 for poll workers paid on 12/10/08; KPERS in the amounts of $69,971.53 paid on 12/05/08; and FICA in the amounts of $56,876.09 paid on 12/05/08, and $17.98 paid on 12/10/08; account payable in the amount of $348,158.49 paid on 12/15/08; and a wire transfer in the amount of $150,000.00 paid on 11/19/08. Motion was seconded by Johnson and carried 2-0.
Johnson moved to adjourn the meeting; McElhaney seconded and the motion carried unanimously.
____________________________ ____________________________
Bob Johnson, Chairman Jere McElhaney, Vice-Chair
ATTEST:
_____________________________
Jamie Shew, County Clerk
Time and Date