Meeting Information
Amended Agenda
WEDNESDAY, FEBRUARY 13, 2013
4:00 p.m.
-Consider approval of the minutes for January 2, January 14, January 16 and January 23, 2013.
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders; and
(b) Consider approval of applications for authorized emergency vehicle permits for Duane Filkins, Robert Rombach, and John E Steele, Jr. of Kanwaka Fire Dept; H. Wayne Riley, Jonathan A. Morris, William Shockley of Lecompton Fire/EMS.
REGULAR AGENDA
(2) CUP-12-00287: Consider approval of a Conditional Use Permit for construction of a 180' tall communication tower for county emergency communication equipment, to be located east of the existing water tank near the southeast corner of N 400 Road and E 550 Road. Submitted by Selective Site Consultants on behalf of Douglas County Emergency. Jere McElhaney, property owner of record. (PC Item 2; approved 9-0 on 1/28/13) Sandra Day will present the item.
(3) Consider approval of lease agreement for Globe Tower Site with property owner to construct and operate emergency radio communications for Douglas County ECC. (Scott Ruf) - Memo to be sent to Commissioners this afternoon; backup to follow on Monday.
(4) Consider approval of a site location plan for a private utility use, as detailed through an oil and gas lease held by Altavista Energy, Inc, for a 15' X 40' building to service oil and gas machinery in the SE 1/4 of section 11-15-20. (Linda Finger)-No backup. Presentation at meeting.
(5) Executive Session to discuss acquisition of right-of-way for a county road project. The justification is to prevent cost escalations and to detriment of the Douglas County and its taxpayers and to maintain attorney client privilege on a matter involving Douglas County.
(6) (a) Consider approval of Accounts Payable (if necessary)
(b) Appointments
-Lawrence Douglas County Metropolitan Planning Commission 05/13
-Heritage Conservation Council 05/13
-Property Crimes Compensation Board 04/13
(c) Public Comment
(d) Miscellaneous
(7) Adjourn
Gaughan called the regular meeting to order at 4:00 p.m. on Wednesday, February 13, 2012 with all members present.
MINUTES 02-13-13
Gaughan moved to approve the minutes of January 2, January 14, January 16 and January 23, 2013. Motion was seconded by Thellman and carried 3-0.
CONSENT AGENDA 02-13-13
Gaughan moved approval of the following Consent Agenda:
► Commission Order No.13-007 (on file in the office of the Clerk); and
► Emergency vehicle permits for Duane Filkins, Robert Rombach, and John E Steele, Jr. of Kanwaka Fire Dept; H. Wayne Riley, Jonathan A. Morris, William Shockley of Lecompton Fire/EMS.
Motion was seconded by Thellman and carried 3-0.
PLANNING 02-13-13
The Board considered the approval of CUP-12-00287, a Conditional Use Permit for the construction of a 180' tall communication tower for county emergency communication equipment, to be located east of the existing water tank near the southeast corner of N 400 Road and E 550 Road. The application was submitted by Selective Site Consultants on behalf of Douglas County Emergency Communications. Jere McElhaney, is the property owner of record. Sandra Day, Lawrence-Douglas County Metropolitan Planning Staff, presented the item. The Planning Commission approved the item unanimously at their January 28, 2013 meeting.
The following findings of fact were noted in the Planning Staff report:
I. Zoning and uses of property nearby. Nearby properties are zoned A (Agricultural) and contain agricultural land uses. The proposed tower would be located in a recommended district.
II. Character of the area. This area is rural in nature, with agricultural lands, and scattered residential homes along county roads.
III. Suitability of subject property for the uses to which it has been restricted. The property is suitable for agricultural uses. A Conditional Use Permit (CUP) d s not change the underlying zoning; therefore, the suitability of the property for agricultural uses will not be altered.
IV. Length of time subject property has remained vacant as zoned. The property is vacant and ahs been since the adoption of the zoning in 1966.
V. Ex tent to which removal of restrictions will detrimentally affect nearby property. Given the large parcel size and the very low density of residential use there should be no detrimental effect on surrounding property.
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 request will facilitate planned emergency communications coverage for the southwest portion of Douglas County. Approval will benefit the public health, safety, and convenience by providing more reliable communication to emergency personnel as needed.
VII. Conformance with comprehensive plan. The comprehensive plan recommends that uses in the rural area be limited to those compatible with agricultural uses and that the design should be consistent with the rural character. A Conditional Use Permit can be used to allow specific non-residential uses subject to approval of a site plan. This tool allows proportional development in harmony with the surrounding area. The proposed request is consistent with the Comprehensive Plan.
Day stated the property being considered for the location of Douglas County communications equipment is located north of Globe. The tower will accommodate public communications equipment and future expansion needs. It is not a cell phone tower.
Gaughan opened the item for public comment. No comment was received.
Flory moved to approve CUP-12-00287 for a Condition Use Permit for a 180' tower with the following conditions:
1) The provision of a revised site plan add the following notes to the face of the drawing:
a) "The owner at the owner's expense shall remove any tower that is not in use for a period of three years or more."
b) "A sign shall be posted on the tower or the exterior fence around the base of the tower noting the name and telephone number of the tower owner/operator."
c) "Use of this tower for other carriers shall require County Commission approval as the tower owner in addition to site plan review and approval of any a co-location request for new equipment."
d) "A change of ownership of the tower shall require a new Conditional Use Permit and public hearing." This will allow review of the intended use of the tower and public notice of the proposed change.
Motion was seconded by Thellman and carried 3-0.
EMERGENCY COMMUNICATIONS 02-13-13
The Board considered the approval of a lease agreement for the Globe Tower Site with the property owner to construct and operate emergency radio communications for Douglas County ECC. Scott Ruf, Director of Emergency Communications, presented the item.
The Board received a Subordination Non-Disturbance and Attornment Agreement, on February 13, 2013 from the Douglas County attorney to also consider with the lease agreement. Flory stated the Subordination agreement protects the County if the property, which is not owned by the County, were to go into foreclosure.
Ruff explained the selection process in choosing the property. There were holes in coverage in southwest Douglas County for Sheriff and Fire communications. Ruff stated he worked with Rural Water District No. 5 and it was determined it was not appropriate to attach the equipment to the water tower on the water district lot for security reasons. There was also discussion of a Whole Sale Water District project involvement on the RWD#5 lot. According to Ruf, it seemed best to build a tower that meets the needs of the County that allows for expansion, and would not complicate the water district's plans.
Gaughan opened the item for public comment. No comment was received.
Flory moved to approve 1) the Lease Agreement with Jere M. Elhaney and Douglas County; and 2) the Subordination, Non-Disturbance and Attornment Agreement. Motion was seconded by Thellman and carried 3-0.
ZONING & CODES 02-13-13
The Board considered the approval of a site location plan for private utility use, as detailed through an oil and gas lease held by Altavista Energy, Inc. for a 15' X 40' building to service oil and gas machinery in the southeast quarter of section 11-15-20. Linda Finger, Interim Zoning & Codes Director, presented the item.
Finger stated typically this item would not come before the Commission. However, since the applicant is proposing a utility building that falls across a property line, the permit requires approval by the County Commission. The properties are owned by two owners, but have the same lease holder. The building is necessary to shelter equipment for oil field needs. Finger proposed the County allow for the 15' X 40' building, but require the building be removed if property leases expire or fail to continue; or if oil and gas wells are removed. This would keep the structure from becoming a nuisance for deeding the property in the future.
Lance Town, representative for the lease holder, agreed with the proposal by Finger as do both landowners. The structure will hold equipment, housing the water system and electrical items that run the pumps.
Gaughan opened the item for public comment. No comment was received.
Flory moved to approve the Site Location Plan with the condition being that if the lease expires or wells be removed, the building will be removed in the event the site plan is no longer active. Motion was seconded by Thellman and carried 3-0.
EXECUTIVE SESSION 02-13-13
At 4:30 p.m., Gaughan moved for the Board to recess to executive session for 10 minutes (until 4:40 p.m.). The justification is to prevent cost escalations and to detriment of the Douglas County and its taxpayers and to maintain attorney client privilege on a matter involving Douglas County. Attendees included Evan Ice, Chris Berger, and Leslie Miller, Stevens & Brand; Keith Browning, Public Works Director; Michael Kelly, County Surveyor; Sarah Plinsky, Assistant County Administrator; and Craig Weinaug, County Administrator.
At 4.40 p.m., Gaughan moved to extend the executive session for 10 minutes (until 4:50 p.m.). Motion was seconded by Thellman and carried 3-0.
At 4:48 p.m., the Board returned to regular session. No action was taken.
APPOINTMENTS 02-13-13
Gaughan moved to appoint the following members to the Douglas County Food Policy Council: Sean Johnson, Business Community Representative, to fill the unexpired term of George Paley; Jen Humphrey, Farmers Market Representative, to fill the unexpired term of Ellie Garrett; and Jason Hering, Youth Representative, to fill the unexpired term of Kim Scherman. Motion was seconded by Thellman and carried 3-0.
ACCOUNTS PAYABLE 02-13-13
Gaughan moved to approve accounts payable in the amounts of $3,245,916.18 to be paid on 02/14/13, and $835.00 paid on 02/07/13; and a manual check in the amount of $50.00 paid on 02/13/13. Motion was seconded by Flory and carried 3-0.
Gaughan moved to adjourn the meeting; Flory seconded and the motion carried 3-0.
____________________________ ____________________________
Mike Gaughan, Chair Nancy Thellman, Vice-Chair
ATTEST:
___________________________ _____________________________
Jamie Shew, County Clerk Jim Flory, Member
Time and Date