Meeting Information
-Convene
-Pledge of Allegiance
-Swearing in of Elected Officials
-Election of Chair and Vice Chair
-Reception for outgoing elected officials
-Consider approval of minutes of <1/2xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com:office:smarttags" />December 15, 2004, January 3, and January 5, 2005
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders
(b) Authorize notice to township
(c) Approve resolutions granting cereal malt beverage licenses to Clinton Marina and
Jerk Water Grill
(d) Consider approval of Resolution authorizing the offering for sale of General
Obligation Bonds Series 2005-A, of Douglas County, Kansas (Pam Madl)
(e) Consider approval of Resolution reappointing the Special Deputy Coroner for the
Seventh Judicial District for a one-year term (Pam Madl)
Jones called the meeting to order at 8:36 A.M. on Monday, January 10, 2005 with all members present. The Pledge of Allegiance was recited.
Administrative Judge Robert Fairchild swore-in the County officials and deputies.
The Board recognized outgoing elected officials Rick Trapp, Sheriff; Patty Jaimes, County Clerk; and Christine Kenney, District Attorney.
At 8:52 A.M., Jones made a motion that the Board recess until 9:15 A.M. for a brief reception. Motion was seconded by Johnson and carried unanimously.
The Board reconvened at 9:12 A.M.
MISCELLANEOUS 01-10-05
McElhaney made a motion that Jones be elected for Chairman of the Board and Johnson be elected Vice-Chairman of the Board effective today for the coming year. Motion was seconded by Johnson and carried unanimously.
Johnson moved approval of the minutes of December 15, 2004, January 3, and January 5, 2005; McElhaney seconded and the motion carried unanimously.
CONSENT AGENDA 01-10-05
Jones moved approval of the following Consent Agenda:
- Authorize Notice to Kanwaka Township for Clinton Cove Mini Mart;
- Approve Resolution No. 05-01 granting a beer license to Jerk Water Grille;
- Approve Resolution No. 05-02 granting a beer license to Clinton Marina Store;
- Approve Resolution No. 05-03 authorizing the offering for sale of General Obligation Bonds, Series 2005-A of Douglas County, Kansas;
- Approve Resolution No. 05-04 reappointing the Special Deputy Coroner for the Seventh Judicial District for a One-Year Term; and
- Approve Designation of Agent for Kansas Public Employees Retire ment System.
Motion was seconded by Johnson and carried unanimously.
PLANNING 01-10-05
The Board considered SP-11-81-04: A site plan for a building addition to McFarlane Aviation, located at 696 E 1700 Road. Submitted by David & Phyllis McFarlane, property owners of record. Paul Patterson, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented this item. Patterson explained that McFarlane Aviation is proposing an addition to their existing buildings located at 696 E 1700 Road. McFarlane Aviation manu factures small aircraft replacement parts.
Jones made a motion to approve SP-11-81-04 subject to the following conditions:
1. Provision of a revised site plan to include the following revisions:
a. Include the required handicap parking sign per Section 16-102.
2. Provide the following notes on the face of the site plan:
a. "Exterior lighting to be shielded so as not to glare off-site per Section 19A-4.12."
b. "This site plan is subject to a determination from the State Historic Preservation Office that the proposed construction 'would not encroach upon, damage or destroy the environs of the Vinland Grange Hall'."
c. "Rear yard setback approved by Board of Zoning Appeals on December 16, 2004."
Motion was seconded by Johnson and carried unanimously.
PLANNING 01-10-05
The Board considered Item No. 9 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated December 15, 2004. This item is CUP-10-04-04: Conditional Use Permit request for a communication tower. The property is located at 1694 N 1748 Road. Submitted by Selective Site Consultants, Inc., for Verizon Wireless. Walters Farms, LLC, is the property owner of record. Sandra Day, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented this item. This item comes to the Board with a unanimous recommendation for approval based on the following Findings of Fact:
Zoning and uses of property nearby. The subject property is surrounded by rural agricultural zoning and uses in all directions.
Character of the area. The character of the area is an unincorporated rural community located in the northeast portion of Douglas County. This area includes scattered residential and agricultural uses.
Suitability of subject property for the uses to which it has been restricted. There is no proposed change to the existing zoning designation. Article 19 of the County Zoning Regulations lists multiple land uses that are allowed subject to approval of a Conditional Use Permit. Included in this list of uses is 'communication tower.' The proposed request is for the construction of a 90' tower along the county line and in proximity to I-70 to support existing communication services. The property is agriculturally zoned and is unimproved. Conditional Use Permits (CUP's) are designed to allow special and unique land uses to occur. Approval of a Conditional Use Permit will not alter the base zoning.
Length of time subject property has remained vacant as zoned. The subject property is vacant as noted above. It 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 addition of this use to the property is not anticipated to detrimentally affect nearby property. The proposed use d s not alter the base zoning district. Access is provided via an existing County Road (E 1675 Road). The proposed tower is less than 100' and is not anticipated to be lighted. Lighting at the base may be permissible subject to staff review and approval. Lighting of the tower is not expressly prohibited since the FAA could make this element a condition in the future.
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. The subject property will continue to be used as an agricultural property. No detrimental impacts are anticipated by the addition of this use.
Conformance with The Comprehensive Plan. Horizon 2020 d s not directly address the issue of special or conditional uses. The plan provides basic guidance regarding major infrastructure improvements and urges that such uses be carefully planned and provided. The provision of such services should be focused in existing service areas to address growth. Additionally, placement and visual appearance are a key consideration in creating compatibility.
AND subject to the following conditions:
1. Provision of a revised site plan to include the following:
a. Show location, fixture type, and mounting height of exterior lighting on the equipment building and provide a note that states lighting shall be shielded and directed downward.
b. A note stating "Minimal lighting at the tower base shall be reviewed and approved by staff. Any lighting of the enclosure area shall be directed downward and shielded to prevent glare and light tres pass."
c. Show or note the proposed height of the equipment building.
d. Show dimension of tower to west and south property lines.
2. Provision of the following notes on the face of the site plan:
a. "Any tower that is not used for a period of three years or more, shall be removed by the owner at the owner's expense. Failure to remove the tower pursuant to non-use may result in removal and assessment of cost to the property per K.S.A. 12-6a17 & 19- 4.31(c)4."
b. "The tower owner and/or operator shall submit a letter to the Planning Office by July 1st of each year listing the current users and types of antenna located on the approved tower. (19-4.31(c)5."
3. Provision of a sign to be posted on the tower or enclosure noting the name and telephone number of the tower operator and operator. (19- 4.31(c)5;
4. Provision of a copy of an approved entrance permit from Marion Township for access to the tower site; and
5. Provision of a revised site plan to include a tower structurally capable of being extended to provide additional space to a minimum of 3 additional carriers.
Jones stated he had a problem with the application since there wasn't any documentation included in the packet indicating the applicant made a good faith effort to locate on an existing tower. Jones noted there is an existing tower in Leavenworth County that appears to meet the technical needs.
Day stated that she did have documentation but did not include it in the packet. Day also indicated the applicant was present to discuss radio frequencies.
Trevor Wood, Selective Site Consultants, spoke on behalf of Verizon Wireless (applicant) and the property owners. Wood stated that the tower in Leavenworth County was not licensed for the frequency the applicant needed.
Jones discussed concerns regarding the applicants co-location attempts. He felt the documentation indicated a bad working relationship. He requested that documentation be provided showing that a good faith effort was attempted.
McElhaney stated he believed that Verizon made a good faith effort to co-locate and that Dobson Wireless, who owns the license, might be at fault by not being willing to accept the co-location offer. McElhaney suggested that the Board may need to meet with other counties to discuss co-location.
Johnson stated he believed that documentation needed to be provided to clearly raise the comfort level.
Jones made a motion to table CUP-10-04-04 until documentation regarding attempts to co-locate was provided; Johnson seconded and the motion carried unanimously.
PLANNING 01-10-05
The Board considered Item No. 3 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated December 15, 2004. This item is PF-11-35-04: Final Plat for Raeta Subdivision. This proposed 13-lot residential subdivision contains approximately 159.32 acres. The property is generally described as being located at the northeast corner of E 50 Road and N 1600 Road along County Road 442 (1636 E 50 Road). Submitted by Bartlett and West Engineers, Inc., for Core Investments, LLC,. And Martin B. and Doris J. Caldwell, property owners of record. Sandra Day, staff member of the Lawrence-Douglas County Metropolitan Planning Department, was present for the discussion. This item comes to the Board with a unanimous recommendation for acceptance of easements and rights-of-way, subject to the following conditions:
1. Provision of a mylar and necessary recording fees and documentation; and
2. Execution of the Water Supply Agreement with the County Health Department prior to recording of the Final Plat with the Register of Deeds Office.
Johnson made a motion to approve PF-11-35-04 subject to the above conditions. Motion was seconded by McElhaney and carried unanimously.
SHERIFF, EMERGENCY COMMUNICATIONS & AGREEMENTS 01-10-05
The Board discussed maintenance agreements for hardware and software for the mobile data system. Ken McGovern, Sheriff, and Jim Denney, Director of Emergency Communications, were present for the discussion. Denney's request was for continuation of the maintenance agreement with Motorola, Inc. for the following equipment: 800 Mhz trunked radio system; dispatch controllers (consoles); and Mobile Data infrastructure.
Denney explained that if paid monthly, the total cost is $2,755.72 per month or $33,068.64 per year. If payment is made on an annual basis, the cost is discounted $890.01 for a total payment of $32,178.63. Denney recommended annual payment. Payment will be made from the 911 Fee Fund and sufficient funds currently exist.
McGovern requested approval to execute the Motorola Software Maintenance Contract for the mobile data system in the amount of $15,466. The Douglas County 911 Board has recommended payment of the maintenance agreement through 911 Fee Funds since it is used by multiple jurisdictions on a county-wide basis.
After discussion, Jones made a motion to authorize Jim Denney to execute the hardware maintenance agreement with Motorola, Inc. in the amount of $32,178.63 and the software maintenance agreement with Motorola, Inc. in the amount of $15,466 to be paid out of the 911 Fee Fund. Motion was seconded by Johnson and carried unanimously.
PUBLIC WORKS & AGREEMENTS 01-10-05
The Board considered approval of an Amendment to Agreement for Engineering Services Replacement of Bridge No. 09.24-16.00 and Approach Roadway Improvements for Project No. 23 C 3890-01. Keith Browning, Director of Public Works/County Engineer, explained that the Board entered into an agreement dated March 15, 2004 with Finney & Turnipseed, L.L.P. for engineering design services for the replacement of the referenced bridge on Route 1055 near Gun Club hill. The project as originally envisioned included replacing the bridge and improving the alignment of the roadway curve immediately south of the bridge. The original agreement stipulates Douglas County will pay Finney & Turnipseed $43,200 for engineering design services.
The Board has indicated its approval to expand the project to include geometric improvements to the second roadway curve south of the bridge. Geometric improvements to the second curve would increase the overall length of the project by approximately 1,150 feet. Federal safety funding (STP-Safety) is available if the second curve is included. Expanding the bridge replacement project to include the second curve is economically advantageous to Douglas County since it will be much more expensive to improve the curve as a separate project.
The proposed amendment to the original engineering services agreement would increase the cost of engineering design fees by $8,500. The latest construction cost estimate for the expanded project is approximately $1,050,000. The proposed total engineering design fee of $51,700 is very reasonable at approximately 5% of the estimated construction cost.
Johnson moved approval of the Amendment to the Agreement for Engineering Design Services for Project No. 23 C-3890-01, the replacement of bridge number 09.24-16.00 and approach roadway improvements, thereby increasing the total design engineering cost from $43,200 to $51,700. Motion was seconded by Jones and carried unanimously.
PUBLIC WORKS & AGREEMENTS 01-10-05
The Board discussed the Kansas Department of Wildlife & Parks (KDWP) Community Fisheries Assistance Program. Keith Browning, Director of Public Works/County Engineer, explained that KDWP has a new program called Community Fisheries Assistance Program (CFAP) that replaces the previous Community Lakes Assistance Program under which Lone Star Lake is currently operating. The new initiative is an attempt to remove barriers to fishing at community lakes.
Community lake owners who enroll in CFAP agree to not require fishing and boating permits in addition to state permits. In return KDWP provides money equal to the average revenue from permit sales. The annual lease payments would be made in two installments by KDWP each year. As an additional benefit of the program, local community cooperators (i.e., Douglas County) will receive priority status for fisheries management services, stocking, feeding, and habitat assistance.
KDWP has submitted a lease offer for Lone Star Lake of $7,554.61 per year. This offer exceeds the average of the five previous years of permits sold for Lone Star Lake fishing and boating. The previous five-year average is $7,062.88. To maintain eligibility in the CFAP, Douglas County would need to document 75% of the amount of the lease payment as expenses each year in maintenance and enhancement of the lake as related to fishing. Many of the routine maintenance activities associated with the lake would qualify, e.g., mowing, shoreline stabilization, restroom maintenance, litter and trash removal, vegetation management, etc. These routine maintenance activities would easily amount to 75% of the lease payment.
Jones requested that the County Counselor review the Agreement to determine whether it would undermine the County's ability to set limits on the lake and explore various enforcement options. No action was taken.
ACCOUNTS PAYABLE 01-10-05
Jones moved approval of accounts payable in the amount of $180,150.02 to be paid 01/10/05; accounts payable manual checks in the amount of $1,368.24; payroll in the amount of $602,389.49; electronic funds transfers in the amounts of $43,122.17 for FICA and $37,279.07 for KPERS to be paid 12/23/04; lump sum merit payroll in the amount of $68,314.67; electronic funds transfers in the amount of $29.73 for FICA to be paid 12/30/04; payroll in the amount of $625,460.54; and electronic funds transfers in the amounts of $45,944.54 for FICA and $42,600.42 for KPERS to be paid 01/07/05. Motion was seconded by Johnson and carried unanimously.
PUBLIC WORKS 01-10-05
The Board conducted a work session to discuss draft intersection and entrance spacing standards. No action was taken.
At 12:05 P.M., Jones made a motion that the Board recess until 1:15 P.M. Motion was seconded by Johnson and carried unanimously.
MISCELLANEOUS 01-10-05
The Board returned to regular session at 1:15 P.M. at which time Jones made a motion that the Board recess go into executive session until 1:45 P.M. with Craig Weinaug, County Administrator; Pam Madl, Assistant County Administrator; Keith Dabney, Director of Zoning & Codes; and Evan Ice, County Counselor, to discuss zoning issues. Motion was seconded by Johnson and carried unanimously. The Board returned to regular session at 1:38 P.M. No action was taken.
McElhaney moved to adjourn; Johnson seconded and the motion carried unanimously.
_____________________________ _____________________________
Charles Jones, Chairman Bob Johnson, Member
ATTEST:
_____________________________ _____________________________
Jamie Shew, County Clerk Jere McElhaney, Member
Time and Date