Meeting Information
The Commission will meet at 4:00 p.m. and 6:35 p.m. Please see 4:00 p.m. agenda.
Thellman called the regular session meeting to order at 4:04 p.m. on Wednesday, March 10, 2010 with two members present. Gaughan
joined the meeting at a later time.
MINUTES 03-10-10
Flory moved approval of the minutes for February 3, as amended, and February 10, 2010. Motion was seconded by Thellman and carried 2-0.
CONSENT AGENDA 03-10-10
Thellman moved approval of the following Consent Agenda:
► Commission Order No. 10-009 (on file in the office of the Clerk);
► Authorization of Douglas County application for an Emergency Vehicle Permit for William M. Shockley of the Sheriff's Department;
► Solicit bids for supply of asphaltic concrete mix for the 2010 maintenance season;
► Joint Resolution of the City of Lawrence, Kansas and the Board of County Commissioners of Douglas County, Kansas Resolution No. 10-6; amending Joint Resolution No. 1957 and repealing Joint Resolution (County Resolution No. 86-26 and City Resolution No. 4957), changing the number of members of the Lawrence-Douglas County Health Board and making other miscellaneous changes;
► 2009 Township Annual Reports;
► Award bids for various signs, posts and miscellaneous materials as recommended by the Director of Public Works as follows:
Rocal $17,255.71
CPC $ 6,728.82
J&A Traffic $ 6,466.50
Hall Signs $ 314.16
Bid Total $30,765.19
► Solicit bids for Project No. 2010-13, resurfacing of portions of Route 442 and Route 1061 in the Eudora vicinity.
Motion was seconded by Flory and carried 2-0.
PUBLIC WORKS 03-10-10
Keith Browning, Public Work Director, asked the Board to consider the approval of a negotiated engineering services contract for the replacement of Bridge No. 12.65N-23.87E. A selection committee comprised of department engineering staff interviewed all four firms and selected Bucher Willis & Ratliff (BWR) as the top ranked firm. The Bridge carries E 2400 Road over Coleman Creek approximately 0.35 miles south of N 1300 Road. The existing bridge is a 25' span, reinforced concrete deck-girder bridge constructed in 1930. The bridge deck is in poor condition and the superstructure is in fair condition. The CIP includes $218,300 for this bridge replacement with construction scheduled for 2010.
Thellman moved approval to negotiate a final contract and fee with Bucher Willis & Ratliff for design engineering services for the replacement of Bridge No. 12.65N-23.87E. Motion was seconded by Flory and carried 2-0.
SENIOR SERVICES 03-10-10
John Glassman, Director of Senior Services, made a presentation to the Board on attracting retirees to Lawrence and Douglas County. Glassman stated the County needs to consider transportation needs, affordable housing, housing alternatives and service agencies. It was the consensus of the Board for Glassman to pursue his investigation on attracting retirees to Lawrence/ Douglas County and to bring back ideas to the Board for consideration.
COTTONWOOD 03-10-10
Sharon Spratt, CEO for Cottonwood Incorporated, made a presentation to the Board regarding recent funding cuts from SRS and its impact on Cottonwood services.
CENSUS UPDATE 03-10-10
Ken Grotewiel, Complete County Committee, updated the Board on the status of the 2010 Census count.
RECESS 03-10-10
Thellman moved for the Board to recess until 6:35 p.m. Motion was seconded by Gaughan and carried 3-0.
RECONVENE 03-10-10
The Board reconvened at 6:35 p.m.
RHODE ISLAND PROPERTY 03-10-10
Thellman moved to open a public hearing in pursuant to Resolution No. 10-05 to consider the disposal of Lots 122, 124, 126, and 128 on Rhode Island Street, all in the City of Lawrence, Douglas County, Kansas, by conveyance of fee title to Tenants to Homeowners, Inc., a Kansas not-for-profit corporation. Motion was seconded by Flory and carried 3-0.
Craig Weinaug, County Administrator, explained that the statutory process provides for a public hearing. At the conclusion of comments, there are a few
loose ends to tie up. No action will be taken tonight other than receiving comments.
Thellman opened the item for public comment.
Hubbard Collinsworth, Douglas County resident, asked if the Rhode Island lots will still remain on the tax rolls. Weinaug replied, "Yes."
Flory moved to close the public hearing. Motion was seconded by Thellman and carried 3-0.
[Action regarding the proposed disposal of property will be placed on a future agenda.]
PLANNING 03-10-10
The Board considered an amendment to Conditional Use Permit CUP-12-10-01 for Enright Gardens to add a reception hall to the previously approved uses, located at 2351 N 400 Rd, Edgerton. The application was submitted by Robert Enright, property owner of record. The Planning Commission heard the item on February 22, 2010 and approved it on a 9-0 vote. Mary Miller, Lawrence-Douglas County Metropolitan Planning Staff, presented the item.
Staff recommends approval of the amended CUP for the addition of a reception hall to Enright Gardens, located at 2341 N 400 Road based upon the findings of fact:
I. Zoning and used of property nearby. The subject property is made up of multiple parcels under the applicant's ownership and is zoned A (Agricultural) District. The surrounding area is zoned A (Agricultural) and the primary land uses are agriculture and rural residential.
II. Character of the area. The subject property is located in the southeastern portion of the county approximately 2 miles north of Highway 56, about a half mile west of the Douglas/Johnson County line. This is a rural area which is used primarily for agriculture and rural residential purposes.
III. Suitability of subject property for the uses to which it has been restricted. A Conditional Use Permit (CUP) d s not change the base, underlying zoning. The suitability of the property for agricultural and residential purposes will not be altered with the granting of the CUP. The property is currently used for agricultural purposes and has been developed with commercial greenhouses. Limited retail sales in conjunction with the greenhouse sales have been approved with a CUP. The property is suitable for the uses to which it has been restricted.
IV. Length of time subject property has remained vacant as zoned. County Zoning Regulations were adopted on 1966; this property has been zoned "A (Agricultural)" since that time. The property is currently developed with multiple buildings including residential, commercial greenhouses and agricultural structures and uses.
V. Extent to which removal of restrictions will detrimentally affect nearby property. Approval of the request will allow for additional activity in the area which may result in negative impacts for such as increased traffic and dust on the nearby roads and increased noise associated with the events. The rural location is a principal factor in the location of this facility; however, it is necessary that the use be limited as needed to maintain the rural character of the area and reduce any negative impacts on neighboring properties.
VI. Relative gain to the public health, safety and welfare by the destruction of the value of the petitioner's property as compared to the hardship imposed upon the individual landowners. Approval of the Conditional Use Permit may indirectly benefit the community by adding to the agri-tourism in the area, thus strengthening the agricultural base. Approval would not directly harm the public health, safety and welfare; however the increase in traffic may present negative impacts for the area. Restrictions on the hours of operation will help minimize the negative impacts.
VII. Conformance with the comprehensive plan. The proposal is in conformance with the comprehensive plan. The requested uses would preserve the agricultural use of the land by allowing the property owner to develop an agri-tourism business which would not require development of the property or result in non-farm residential development.
Miller stated the property owners plan to use a barn for recreation and educational activities. Staff suggested the CUP be on a 5-year review.
The fire chief suggested a second entrance/exit be added for safety, dust preventative be used to minimize the dust on the gravel road and the possibility of adding addition speed limit signs.
Flory stated concerns that the 1000 ft notification was not sufficient in reaching residents in the area. He also asked how many cars may come to their current business on any given day during gardening season. Robert Enright replied there could be 100 cars.
Thellman opened the item for public comment.
Thellman stated she commended the property owners for working to expand an agriculturally based business and making it available for community use. She is supportive of the amendment to the CUP.
Flory stated he is normally supportive of anything we can do in the County to support development. However, he added he is troubled with this business being on a gravel road. He commented that if he could be sure all the area residents knew about the meeting and had a chance to comment on the increase in traffic, he would feel more comfortable in approving the request.
Gaughan stated there are other businesses out there which also contribute to traffic in the area. He d s not feel you can hold these property owners to a different standard than other applicants. He suggested the County look at expanding the notification area.
Thellman moved to approve the amended CUP-12-10-01 for the addition of a reception hall to Enright Gardens, located at 2351 N 400 Road with the following revised set of conditions:
1. The applicant shall work with the Palmyra Fire Chief to determine where an additional access onto N 400 Road is appropriate. The CUP site plan shall be revised to show the additional access on N 400 Road in a location acceptable to the Fire Chief and the Douglas County Engineer.
2. Applicant shall provide a revised site plan with the following changes:
a. Show minimum required ADA accessible parking spaces (3) with two of them being near the entry to the reception facility.
b. Provisions of the following notes on the fact of the plan:
I. "Events, excluding clean-up, shall conclude at midnight. Requests for all-night events must be provided to the Board of County Commissioners for consideration following mailed notification of property owners within 1000 ft."
II. "The property owner shall apply dust-preventative measures on N 400 Road between E 2300 and E 2400 Roads, as needed to minimize dust from event traffic."
III. "The on-site sewage management system must be approved by the County Health Department prior to operation of the facility."
IV. "Use of building is subject to building code and occupancy permits as applicable per the County Building Code."
And the CUP will be reviewed in 5 years. Motion was seconded by Gaughan and carried 2-1 with Flory in opposition.
PUBLIC WORKS 03-10-10
The Board considered the approval of the 2011-2015 Five-Year Plan request for federally funded projects. Keith Browning, Director of Public Works, presented the item. The five-year plan is a list of projects utilizing federal funds administered by KDOT which is updated annually. For 2011-2015, KDOT estimates Douglas County will receive $732,339 per year in "obligation authority" for federal funding. KDOT estimates a total of $5,386,759 in federal funds will be available for programming Douglas County projects which includes the 2010 carryover balance of $992,724. In Addition, KDOT notified Public Works that the High Risk Rural Roads (HRRR) project for the reconstruction of Route 6 curve approximately one half mile south of the town of Clinton has been approved.
Browning proposed the list of projects for 2011-2015 remain the same as last year. The list is as follows:
- Project No. 23 C-4123-0; Replacement of Route 1057 Bridge over the Wakarusa River (Engineering design underway. Scheduled for January 2012 bid opening date.)
- Project No. 23 C-0045-01; Route 458 from Route 1 east & north to N 1175; reconstruct (3) curves to 55-mph design speed, rehabilitate remaining tangent sections including adding 6-foot wide paved shoulders, mill & overlay, replace (5) box culverts (one is bridge size). Project length = 4.25 miles. Estimated construction cost = $3,705,000. (Engineering design has not begun. Scheduled for January 2015 bid opening date.)
Thellman opened the item for public comment. No comment was received.
Thellman moved to approve the 2011-2015 Five-Year plan update as listed above. Motion was seconded by Flory and carried 3-0.
NOISE ORDINANCE 03-10-10
The Board discussed a request for a Douglas County Noise Ordinance which is a result from a citizen's complaint. Craig Weinaug, County Administrator, stated the County d s not have an ordinance which would be a tool for the Sheriff's office to use when they investigate a complaint. The County has only a general nuisance ordinance. The purpose of the discussion is to see if the Board if willing to explore the concept of establishing a noise ordinance for Douglas County.
Thellman opened for public comment.
Kveta Kugler, 1235 N 1100 Road, stated she lives adjacent to noisy, unruly neighbors who make noise into the late hours. This has been going on for four years. This ordinance would give officers a tool for compliance. Kugler stated her support of a noise ordinance. Her husband stated he wanted to make it clear they are not opposed to farmers working fields at night.
Dane Offutt, 1223 N 1100 Road, stated he has witnessed 4-wheelers on roads at night with no lights. He stated he moved to country for space and to enjoy the country and he d sn't want to deny anyone else that right. He would like neighbors to be courteous to other neighbors.
It was the consensus of the Board for Jim Flory to work with staff on the wording of a Noise Ordinance and to come back before the board within 30 days. Weinaug stated he would notify Kveta Kugler when the item will again come up for discussion.
ACCOUNTS PAYABLE 03-10-10
Thellman moved to approve a manual check in the amount of $5,921.52 paid on 02/25/10; accounts payable in the amounts of $182,823.01 paid on 03/04/10 and $143,545.86 to be paid on 03/11/10; payroll in the amounts of $771,619.32 paid on 01/27/10, $758,290.69 paid on 02/10/10, $760,256.32 paid on 02/24/10 and $770,338.43 paid on 03/10/10; FICA in the amounts of $56,914.53 paid on 01/29/10, $55,920.52 paid on 02/12/10, $56,073.86 paid on 02/26/10 and $56,847.03 to be paid on 03/12/10; and KPERS in the amounts of $72,935.63 paid on 01/29/10, $71,703.72 paid on 02/12/10, $71,435.68 paid on 02/26/10 and $71,085.27 to be paid on 03/12/10. Motion was seconded by Gaughan and carried 3-0.
APPOINTMENTS 03-10-10
Thellman moved to appoint Commissioner Gaughan as the Home Occupation Officer for Douglas County. Motion was seconded by Flory and carried 3-0.
APPOINTMENTS 03-10-10
Thellman moved to appoint the following people to the Lawrence-Douglas County Health Board: Amy Biel, Lawrence, Kansas, for a three-year term to expire 03/31/13. She will replace the expiring term of Karen Shumate; and Ray Davis, Lawrence, Kansas, to the newly opened County Appointed position for a two-year term to expire 03/31/12. Motion was seconded by Gaughan and carried 3-0.
Thellman moved to adjourn the meeting; Gaughan seconded and the motion carried 3-0.
___________________________ ____________________________
Nancy Thellman, Chair Jim Flory, Vice-Chair
ATTEST:
__________________________ _____________________________
Jamie Shew, County Clerk Mike Gaughan, Member
Time and Date