Meeting Information
Agenda
Chairman McElhaney called the meeting to order at 6:37 p.m. on Wednesday, January 16, 2002. All members were present. The Pledge of Allegiance was recited.
CONSENT AGENDA 01-16-02
Jones made a motion to approve the following Consent Agenda:
- Approve Commissioners Order Nos. 4975, 4976, 4977, 4978, and 4979. Orders are on file in the office of the County Clerk;
- Approve Annual Noxious Weed Management Plan; and
- Approve Annual Noxious Weed Eradication Progress Report for 2001.
Motion was seconded by McElhaney and carried unanimously.
MISCELLANEOUS 01-16-02
The Board conducted a public hearing on revisions to the County Commission district boundaries. Dave Guntert, staff member of the Lawrence-Douglas County Metropolitan Planning Department, conducted a presentation of the proposed boundaries - Maps 1 and 2. Ed Tate, President of the East Lawrence Neighborhood Association, noted that the Association would prefer to remain in District 1. They feel that their needs and desires would be better represented by remaining in District 1. Bill Sepic, President of the Lawrence Chamber of Commerce, commended the Commission and staff on the work they have done and the timely manner in which it has been done. McElhaney closed the public hearing. Johnson made a motion to adopt Map 1. Motion was seconded by Jones and carried unanimously.
PUBLIC WORKS 01-16-02
The Board conducted a public hearing regarding the vacation of portions of Colorado and California Streets in Miller Acres. No comments were received and McElhaney closed the public hearing. Jones made a motion that staff be directed to proceed with the preparation of a resolution to vacate portions of Colorado and California Streets in Miller Acres. Motion was seconded by Johnson and carried unanimously.
PLANNING 01-16-02
The Board considered Item No. 10 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated December 19, 2001. This item is CUP-11-10-01: Conditional Use Permit request for a propane distribution tank. The site is proposed to be located on the east side of E 800 Road, north of the KTA (Kansas Turnpike) right-of-way. Submitted by Kyle McNorton of Capital City Oil for Donald and Margaret Fuston, property owners of record. Brian Pedrotti, staff member of the Lawrence-Douglas County Metropolitan Planning Department presented the item. In May of 2001, the applicant inquired about the possibility of locating a propane tank for a private utility in Douglas County on the subject property. On June 7, 2001, the Planning Office informed the applicant that the propane tank would need to be located in an industrial zoning district, and that a private utility could not be approved with a Conditional Use Permit according to the County Zoning Regulations. The applicant appealed the Planning Staff's interpretation to the County Board of Zoning Appeals (BZA). On September 19, 2001, the County BZA reversed the Planning Staff's interpretation and stated that any public or private utility serving the public could apply for a Conditional Use Permit. The applicant subsequently submitted a CUP for the proposed propane tank. This item now comes to the Board with a recommendation for approval with the following conditions:
1. Approval of the proposed driveway by the Kanwaka Township Board prior to construction.
2. Provision of a note on the face of the site plan stating, "The Conditional Use Permit will be re-evaluated by the County Commission in 2007. The CUP will expire in 2012, at which time the applicant must re-apply for a CUP."
3. Revise site plan to show all improvements outside of the ultimate arterial right-of-way of 150'.
4. Provide 6' high evergreen trees in an alternating double-row along the south (KTA), east, and west beyond the length of the tank.
5. Provide location of the distribution connection.
6. Provide a revised location map.
7. Provide existing zoning and lane use of subject property.
8. Provide existing land uses on adjacent property.
9. Provide drainage arrows showing direction of water flow from the site.
10. All lighting fixtures must be aimed downward so as to not cast illumination on adjacent properties.
11. Relocation of the proposed gate to provide stacking for one distribution truck.
12. Provide a note on the plan stating, "No sales allowed on the premises."
13. Provide a note stating, "Vehicular traffic is limited to a maximum of 20 delivery truck trips per week outbound."
14. Provide a note stating "All vehicular trips to this site will be made between the hours of 6 a.m. and 10 p.m."
15. Provide a note stating, "The property owner must notify the Planning Office prior to the sale of the property within 10 days of the change of ownership."
It was noted that a valid protest petition has been filed and certified by the Douglas County Clerk which will require a unanimous decision for approval.
Vernon Jarb , attorney representing the applicant, was also present to address any concerns. Comments were then received from John Lewis, 1807 E. 800 Road, asking the Commission to deny the CUP.
A motion was made by Johnson to approve the Conditional Use Permit subject to the above conditions. McElhaney seconded and motion carried unanimously.
PLANNING 01-16-02
The Board noted receipt of the revisions to the Metropolitan Planning Area Boundary approved by the Lawrence-Douglas County Metropolitan Planning Commission at their meeting on December 19, 2001. No action was taken.
PLANNING 01-16-02
The Board noted receipt of the Unified Planning Work Program for FY 2002 approved by the Lawrence-Douglas County Metropolitan Planning Commission at their meeting on December 19, 2001. No action was taken.
PUBLIC WORKS & ZONING 01-16-02
The Board discussed a possible variance to Home Rule Resolution No. HR-00-4-1 regarding the required length of improvements to N 600 Road west of E 2000 Road. Property owners Mike and Jan Dickenson were present for the discussion as well as Keith Browning, Director of Public Works/County Engineer, and Keith Dabney, Director of Zoning & Codes, and A. J. Barrett, Palmyra Township Trustee. The Board discussed the requirement to construct 250 linear feet of roadway to County standards within existing road right-of-way along the Dickensons' south property line. The requirement is questioned since Mr. Browning will require end-of-road markers to be installed just west of the proposed entrance into the Dickensons' property due to steep grades beyond this point. The Board directed staff to provide recommended language granting a variance to Home Rule Resolution No. HR-00-4-1 for consideration during the regular agenda portion of a future County Commission meeting.
PUBLIC WORKS & TOWNSHIPS 01-16-02
The Board discussed Dust Palliative Program Policies for 2002. Johnson made a motion to continue the brokerage of a dust palliative program with an increased up front user fee of $1.00/linear foot ($0.50/l.f. for dust palliative material and an additional $0.50/l.f. user fee to cover road preparation costs), plus an increase in administrative fees from $35 to $45 per applicant, and authorize advertisement for bidders once the application process has been completed. Motion was seconded by Jones and carried unanimously.
ACCOUNTS PAYABLE 01-16-02
Jones made a motion to authorize payment of accounts payable manual checks in the amount of $45,000. Motion was seconded by Johnson and carried unanimously.
Jones made a motion for adjournment, seconded by Johnson, and carried unanimously.
_____________________________ _____________________________
Jere McElhaney, Chairman Bob Johnson, Member
ATTEST:
_____________________________ _____________________________
Patty Jaimes, County Clerk Charles Jones, Member
Time and Date