Meeting Information
- Convene
- Pledge of Allegiance
- Swearing in of Commissioner Jones
- Election of Chair and Vice Chair
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders
(b) Consider approval of Out-District College Tuition Statements in the amount of $24,000 (Debbie Sparkes)
(c) Consider addendum to lease agreement on United Way Center
(d) Consider approval to authorize Director of Public Works to "write-off" uncollectible debt (Keith Browning)
REGULAR AGENDA
(2) Planning Items:
(a) CUP-10-12-02: A Conditional Use Permit Request for Douglas County RWD #4 Pump Station. The property is generally described as being located at the SW Corner of the intersection of N 1400 Road and E 2400 Road. Submitted by Rural Water District Number 4, property owner of record. (Brian Pedrotti)
(b) CUP-10-13-02: A Conditional Use Permit Request for a turf airstrip. The property is generally located at 2215 N 500 Road Submitted by Robert and Angela Murray, property owners of record. (Brian Pedrotti)
(3) Discuss Kasold extension project from 31st Street to Wakarusa River Bridge (Keith Browning)
(4) Other Business
(a) Consider approval of Accounts Payable (if necessary)
(b) Appointments
(c) Miscellaneous
(d) Public Comment
(5) Executive Session
(6) Adjourn
Chairman McElhaney called the meeting to order at 9:00 A.M. on Monday, January 13, 2003. All members were present. Commissioner-elect Jones was also present. The Pledge of Allegiance was recited.
Chief Judge Robert Fairchild swore in Commissioner-elect Charles Jones.
MISCELLANEOUS 01-13-03
McElhaney made a motion that Johnson be elected Chairman of the Board of Douglas County Commissioners effective today for the coming year, seconded by Johnson and carried unanimously.
Johnson made a motion that McElhaney be elected Vice-Chairman of the Board of Douglas County Commissioners effective today for the coming year, seconded by McElhaney and carried unanimously.
CONSENT AGENDA 01-13-03
Jones made a motion to approve the following Consent Agenda:
- Approve Commissioners Order Nos. 5100, 5101, 5102, 5103 and 5104. Orders are on file in the office of the County Clerk;
- Pull the item "Consider approval of Out-District College Tuition State ments in the amount of $24,000)" for discussion;
- Approve Second Addendum to Lease Agreement between Douglas County, Kansas and the United Way of Douglas County, Inc.; and
- Authorize the Director of the Douglas County Public Works Depart ment and his staff to "write-off" the remainder of a charge ticket issued to Farmland Industries for noxious weed chemicals in the amount of $138.97 as an uncollectible debt;
McElhaney seconded and the motion carried unanimously.
OUT-DISTRICT COLLEGE TUITION STATEMENTS 01-13-03
Jones moved approval of payment of Out-District College Tuition Statements in the amount of $24,000. Johnson seconded and the motion carried 2-1 with McElhaney opposed.
PLANNING 01-13-03
The Board considered Item No. 4 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated December 18, 2002. This item is CUP-10-12-02: A Conditional Use Permit Request for Douglas County RWD #4 Pump Station. The property is generally described as being located at the SW Corner of the intersection of N 1400 Road and E 2400 Road. Submitted by Douglas County Rural Water District Number 4, lessee from Michael Ahlen, T- Square L.C., property owner of record. Brian Pedrotti, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented the item. The request is for Conditional Use Permit approval for the construction of a pump station for Rural Water District #4. The facility is proposed to be located on approximately 1/4 acre on the south side of N 1400 Road, west of E 2400 Road. The site is a portion of the overall 30 acres owned by Michael Ahlen, T-Square, L.C. The pump station is needed to ensure adequate water supply to customers in that region. This item comes to the Board with a recommendation of approval based on the following Findings of Fact
FINDINGS OF FACT
Zoning and uses of property nearby. The subject property is located generally on the south side of N 1400 Road, west of E 2400 Road. The site is agriculturally zoned and undeveloped. Surrounding property is agricultural zoned and is undeveloped, agricultural property with scattered residences.
Character of the area. The site is approximately 1/4 acre in size and is located on a portion of a 30-acre tract. The area is largely agricultural and rural/open area in use.
Suitability of subject property for the uses to which it has been restricted.The subject site is suited for the uses to which it has been restricted.
Length of time subject property has remained vacant as zoned. The subject area has been zoned A (Agricultural) District since the adoption of the zoning regulations in the unincorporated portions of Douglas County in 1966.
Extent to which removal of restrictions will detrimentally affect nearby property. The restrictions on this site are not being removed. A conditional use is being permitted through this request. The addition of this use to the site is not anticipated to detrimentally affect nearby property.
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. Denial of the request is not anticipated to provide a detriment to the property owner but it would provide a gain to the public health, safety and welfare.
Conformance with The Comprehensive Plan. The Conditional Use Permit for the proposed facility is not in conflict with Horizon 2020.
AND subject to the following conditions:
1. Provision of a note on the face of the plan stating, "The Conditional Use Permit will be re-evaluated by the Lawrence-Douglas County Planning Staff every ten (10) years for maintenance and its confor mance with the approved Site Plan. Planning Staff will provide a report to the County Commission upon completing these evaluations.
2. If the approved use is abandoned for a period of 12 months, the CUP will become null and void, the equipment and infrastructure will be removed and the subject property will return to agricultural use.
Jones noted concern about the comments received from the Douglas County Public Works Department regarding the possible relocation of the waterline if the Captain Creek bridge is replaced. Jones wanted to be sure that if such a reloca tion is necessary, it would not be at the expense of the taxpayers.
McElhaney made a motion to approve CUP-10-12-02 subject to the above conditions. Jones seconded and the motion carried unanimously.
PLANNING 01-13-03
The Board considered Item No. 5 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated December 18, 2002. This item is CUP-10-13-02: A Conditional Use Permit Request for a turf airstrip. The property is generally located at 2215 N 500 Road. Submitted by Robert and Angela Murray, property owners of record. Brian Pedrotti, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented the item. The request is for a Conditional Use Permit for a private grass landing field. The grass landing field is 60' X 1,656' and runs north-south. It is located south of N 500 Road and east of E 2200 Road. The landing strip is for the private use of the property owner whose home will be located to the east of the landing field. Included in this CUP application is a proposed storage hangar that will be located north of the proposed residence and east of the landing field. The applicant has indicated that the plane will be permanently stored in Gardner, Kansas, but that the hangar will serve to store the plan for periods of time during the year. This item comes to the Board with a unanimous recommendation for approval based on the following Findings of Fact:
FINDINGS OF FACT
Zoning and uses of property nearby. The subject property is located generally on the south side of N 500 Road, east of E 2200 Road. The site is agriculturally zoned and undeveloped. Surrounding property is agricultural zoned and is undeveloped, agricultural property with scattered residences.
Character of the area. The character of the area is largely agricultural in nature with some single-family residences.
Suitability of subject property for the uses to which it has been restricted.The subject property is suited for the Agricultural Zone uses to which it is restricted. A landing field is permitted in this zoning district, provided that the Board of County Commissioners approves the use through a Conditional Use Permit (CUP).
Length of time subject property has remained vacant as zoned. The property has been zoned A (Agricultural) District since 1966, when Zoning Regulations were adopted in Douglas County.
Extent to which removal of restrictions will detrimentally affect nearby property. Approval of the CUP for a private grass runway will not detrimentally affect nearby properties.
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 landowner. Approval of this CUP for a private runway will not adversely affect the public health, safety or welfare.
Conformance with The Comprehensive Plan. Horizon 2020 d s not directly address the issuances of CUPs or private landing strips. The comprehensive plan d s discuss Lawrence Municipal Airport and the need to keep its airspace free from encroachment. This private grass airstrip will not encroach on the Municipal Airport's airspace. The proposed location of the airstrip is in confor mance with Horizon 2020.
AND subject to the following conditions:
1. Revise the face of the site plan to include the following:
a. Provision of a note on the plan stating, "The landing field is for the private use of the property owner only and restricted to the airplane registered to the applicant and may not be used for commercial purposes." There shall be no more than twenty (20) take-offs and landings per month;
b. Provide dimensions of the storage hangar;
c. Provide a location map on the face of the plan; and
d. Provision of a note on the face of the plan stating, "The Conditional Use Permit will be re-evaluated by the County Commission in February, 2008. The CUP will expire in February 2013. Continua tion of the use beyond February 2013 will require rezoning or approval of a new CUP;"
2. Provision of all necessary certification from the Federal Aviation Authority (FAA);
3. Review and approval of the plan by KCP&L prior to release of the plan to the County Zoning Administrator;
4. Provision of written verification that the airstrip is being used as an airstrip by December 31st of each year;
5. Cessation of use of the landing strip for a contiguous 12-month period shall nullify this approval procedure; and
6. This Conditional Use Permit is restricted to the current owner of the property.
McElhaney made a motion to approve CUP-10-13-02 subject to the above conditions; Jones seconded and the motion carried unanimously.
PUBLIC WORKS 01-13-03
The Board discussed the Kasold Extension Project. Keith Browning, Director of Public Works/County Engineer, and George Williams, Special Projects Engineer, were present for the discussion. It was the consensus of the Board that this project should be discussed with the City, School District and Township. No action was taken at this time.
ACCOUNTS PAYABLE 01-13-03
McElhaney moved approval of accounts payable in the amounts of $963,507.50 to be paid 1/13/03 and $115,774.40 to be paid 12/30/02; accounts payable manual checks in the amounts of $766.00, $1235.16 and $3,509.05; payroll in the amounts of $568,882.19 and $569,596.48; electronic funds transfers in the amounts of $40,453.38 for FICA and $33,660.12 for KPERS to be paid 12/27/02; and $42,081.94 for FICA and $34,649.51 for KPERS to be paid 1/10/03; and ACH transfer in the amount of $1,611,243.13 to be paid 1/31/03.
RESOLUTIONS 01-13-03
The Board considered approval of Resolution No. 03-03 providing for the imposition of restrictions on certain outdoor burning practices in the unincorpo rated area of Douglas County until January 20, 2003. Paula Phillips, Director of Emergency Management, was present for the discussion. Phillips noted that the fire chiefs support this burn ban. Jones made a motion to approve Resolution No. 03-03 which can be lifted at the Chairman's discretion. Johnson seconded and the motion carried unanimously.
TAX MATTERS 01-13-03
Jones made a motion to direct the County Administrator to draft a letter to the City of Lawrence asking them to support the abatement process for Serologicals, Inc. Johnson seconded and the motion carried unanimously.
McElhaney moved for adjournment. Johnson seconded and the motion carried.
_____________________________ _____________________________
Bob Johnson, Chairman Jere McElhaney, Member
ATTEST:
_____________________________ _____________________________
Patty Jaimes, County Clerk Charles Jones, Member
Time and Date