Commission Board Meeting on Wed, September 19, 2012 - 4:00 PM


Meeting Information

 WEDNESDAY, SEPTEMBER 19, 2012
4:00 p.m.
-Consider approval of the minutes August 15 and August 22, 2012.

CONSENT AGENDA
(1) (a) Consider approval of Commission Orders;   
(b) Consider authorizing purchase of precast concrete box culvert Structure No. 07.51N-18.00E (Keith Browning);
(c)  Consider approval of a Road Maintenance Agreement with City of Eudora (Keith Browning)
(d) Confirmation of chairman's action lifting the Burn Ban in the unincorporated area of Douglas County (Craig Weinaug);
(e)  Consider office supply contract (Jackie Waggoner); and
(f) Consider approval of agreement with Johnson County for replacement of Structure No. 10.80N-24.00E (Keith Browning).

REGULAR AGENDA  
(2) Update on status of Postal Service in Lecompton (Paul Bahnmaier)-No backup

(3) Consider the following Resolutions: (i) A Home Rule Resolution establishing a Douglas County contract tow rotation list and governing towing and towing services and (ii) a Resolution establishing maximum charges for authorized tow service providers and for tow providers towing a vehicle without the prior consent of the owner or operator of the vehicle. Approve if appropriate. (Jim Flory)

(4) Consider granting approval of a Westar Easement on Douglas County Fairgrounds (Chad Luce)

(5) Consider a request from Tim Hoyt at 32 N 1000 Rd, to change the use of  the northern part of his existing non-conforming accessory building from a horse arena to a lesser use of a boat storage facility. Section 12-320-2.02 of the Zoning Regulations grants authority to the Board of County Commissioners to permit use of a non-conforming building to be changed when a similar or more restrictive use is requested. (Linda Finger)

(6) CUP-12-00030: Consider a Conditional Use Permit for a truck storage facility for Creekwood Lawn, located at 1753 N 700 Road. Submitted by Shelby Franklin, property owner of record. (PC Item 1; approved 8-0 on 8/20/12) Sandra Day will present the item

(7) Consider adoption of I-Codes.(Kay Pettit)

(8) Consider approval to purchase a telephone system replacement for Douglas County office
(Jim Lawson)

(9) Consider refurbishing rental modular home at Lone Star Lake (Keith Browning)

(10) Consider Authorizing Public Works to issue request for proposals for Lone Star lake concession building improvements (Keith Browning)

(11) Consider recommendation to purchase a chiller compressor for the Correctional Facility             (Ken McGovern)

(12) Consider granting change order authority on Emergency Communication radio upgrades
(Craig Weinaug)

(13) Other Business 
(a) Consider approval of Accounts Payable (if necessary)  
(b) Appointments 
(c) Public Comment
(d) Miscellaneous 

RECESS

RECONVENE
6:35 p.m.
(14) Consider a Text Amendment, TA-8-11-11, to the Douglas County Zoning Regulations for the Unincorporated Territory of Douglas County to establish Agritourism as a use in the County A (Agriculture). (Mary Miller is the Planner)

(15) Adjourn

Gaughan called the regular meeting to order at 4:00 p.m. on Wednesday,
September 19, 2012, with all Commissioners present. 

MINUTES 09-19-12
Flory moved to approve the minutes of August 15 and August 22, 2012. Motion was seconded by Thellman and carried 3-0.

CONSENT AGENDA 09-19-12
Gaughan moved approval of the following Consent Agenda items:

►  Authorized the Public Works Director to approve the purchase of a 8' span 8' high x 43' long precast concrete box culvert from Cretex Concrete Products at a cost of $32,890.00 for installation at 07.51N-18.00E;
►  Authorized the County to access the American Saves program for office supplies through OfficeMax; and  
►  Agreement with Johnson County for replacement of Structure No. 10.80N-24.00E with a shared cost by the County for approximately $12,000.
 
Motion was seconded by Thellman and carried 3-0.

LECOMPTON/POST OFFICE 09-19-12
Paul Bahnmaier, President of the Lecompton Historical Society, discussed the possible closing of the post office in Lecompton and how that would detrimentally affect local residents. The will be a town meeting November 2, 2012 in the Lecompton Community Building at noon. Kevin Billings, Branch Manager of United States Postal Service, will be in attendance.

Andy Tuttle, letter carrier in Lawrence, stated he has been working to raise awareness of Postal Service Reform Act of 2012 (H.R. 2309). He discussed the problems the Postal Service is experiencing due to funding for a 75-year retirement plan within a 5-year period.

TOWING/RESOLUTIONS 09-19-12
The Board considered the approval of the following resolutions regarding no preference tow rates: (i) A Home Rule Resolution establishing a Douglas County contract tow rotation list and governing towing and towing services and (ii) a Resolution establishing maximum charges for authorized tow service providers and for tow providers towing a vehicle without the prior consent of the owner or operator of the vehicle. 

Gaughan opened the item for public comment. No comment was received.

Flory moved to approve the following resolutions: Home Rule Resolution No. HR-12-9-3 of the Board of County Commissioners of Douglas County, Kansas, establishing a County Contract Tow Rotations List and governing Towing and Towing Services; and Resolution No. 12-38 of the Board of County Commissioners of Douglas County, Kansas, establishing maximum charges for authorized tow service providers and for providers towing a vehicle without the prior consent of the owner or operator of the vehicle. Motion was seconded by Thellman and carried 3-0.

Note: Flory stated the resolutions shall take effect November 1, 2012 and the applications for tow service rotation will be handled administratively. 

WESTAR/FAIRGROUND EASEMENT 09-19-12
Gaughan moved to table the item to consider granting approval of a Westar Easement on the Douglas County Fairgrounds to the September 26, 2012 agenda. Motion was seconded by Thellman and carried 3-0.

ZONING AND CODES 09-19-12
The Board considered a request from Tim Hoyt at 32 N 1000 Road, to change the use of the northern part of his existing non-conforming accessory building from a horse arena to a lesser use of a boat storage facility. Section 12-320-2.02 of the Zoning Regulations grants authority to the Board of County Commissioners to permit use of a non-conforming building to be changed when a similar or more restrictive use is requested. Linda Finger, Interim Zoning and Codes Director, presented the item.

It was determined the structure was built in three parts over a period of 60 years for agriculture use and didn't need a permit or inspection. The new owner, Hoyt, wishes to use the building as boat storage. There is no record in the Zoning & Codes office of how the horse arena was used or for how long this use existed. A boat storage use would be within the same or more restricted classification as the original non-conforming use.

Gaughan opened the item for public comment. No comment was received.

Flory moved to grant approval of the change in use of the non-conforming building subject to the submittal and approval of a CUP for the boat storage facility. Motion was seconded by Thellman and carried 3-0.

PLANNING 09-19-12
The Board considered CUP-12-00030 a Conditional Use Permit for a truck storage facility for Creekwood Lawn, located at 1753 N 700 Road. The application was submitted by Shelby Franklin, property owner of record. Sandra Day, Lawrence-Douglas County Metropolitan Planning Staff, presented the item.

The property is used for storage of trucks, equipment and materials related to a landscape business. The purpose of the request is to accommodate the storage of vehicles and equipment with a CUP permit in an "A" Agricultural District.

Staff recommends approval of a Conditional Use Permit for a Truck/ Equipment Storage Facility based upon the following findings of fact:

I. Zoning and uses of properties nearby.
Current Zoning and Land Use: A (Agricultural) District; existing building and exterior storage on 3.87 acres

Surrounding Zoning and Land Use: A (Agricultural) District in all directions. Rural residential homes located along township roads.
- Public school and Vinland Fairgrounds located to the northwest.
- Rural residential homes along the north side of N 700 Road to the north and along E 1750 Road to the south.
- Agricultural field to the east and west.

II. Character of the area. This portion of Douglas County includes a rich variety of uses and activities. The area is within 3 miles

Location

County Courthouse
1100 Massachusetts St, Lawrence, KS 66044, USA