Meeting Information
-Convene
-Pledge of Allegiance
-Consider approval of minutes of June 22, July 11, July 13, July 15, and <1/2xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com:office:smarttags" />July 18, 2005
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders
(b) Consider approval of resolution authorizing the continued imposition of a
telephone user tax for the operation of an enhanced 911 emergency telephone
service in Douglas County (Jim Denney)
REGULAR AGENDA
(2) Work session on planning initiatives (Linda Finger)
(3) Consider approval of eleven (11) Out-District College Tuition Statements in the amount of $29,232 (Debbie Sparkes)
(4) Other Business
(a) Consider approval of Accounts Payable (if necessary)
(b) &nbs
Jones called the meeting to order at 8:33 A.M. on Monday, August 8, 2005 with all members present. The Pledge of Allegiance was recited.
Johnson moved approval of the minutes of June 22, July 11, July 13, July 15, and July 18, 2005. Motion was seconded by McElhaney and carried unanimously.
CONSENT AGENDA 08-08-05
McElhaney moved approval of the following Consent Agenda:
- Approve Commissioners Order Nos. 5327 and 5239. Orders are on file in the Office of the County Clerk;
- Note receipt of fee reports for the months of March and April 2005; and
- Approve Resolution No. 05-26 authorizing the continued imposition of a telephone user tax for the operation of an enhanced 911 emergency telephone service in Douglas County.
Johnson seconded and the motion carried.
OUT-DISTRICT COLLEGE TUITION STATEMENTS 08-08-05
Johnson moved approval of the eleven (11) Out-District College Tuition Statements in the amount of $29,232. Motion was seconded by Jones and carried with McElhaney opposed.
PLANNING 08-08-05
On July 18, 2005, the Board tabled Item No. 7 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated June 20, 2005. This item is Z-04-29-05: a request to rezone a tract of land approximately 48 acres from A (Agricultural) District to A-1 (Suburban Residential) District. The property is generally described as being located in the 1800 block of N 250 Road. Submitted by Patty Wiseman, Baldwin Realty, for Arden E. Johnson, Trustee, and Donald B. Johnson, property owner of record. At that meeting, the Board noted concerns regarding the applicant's possible intent to develop the land more intensely and wanted assurance that the applicant would be building only one (1) house until the property was annexed into the city.
Sandra Day, staff member of the Lawrence-Douglas County Metropolitan Planning Department, and Donald B. Johnson, applicant were present for the discussion. Day stated she had confirmed the applicant was planning to build only one (1) house. The applicant stated he did not have a problem with placing a provision on the final plat noting that development will be limited to one (1) house until the property is annexed into the city of Baldwin.
It should be noted that the Board of County Commissioners can make no commitment as to when the annexation might occur.
Jones made a motion to approve Z-04-29-05: a request to rezone a tract of land approximately 48 acres from A (Agricultural) District to A-1 (Suburban Residential) District based on the following Findings of Fact:
Zoning and uses of property nearby. The subject property is zoned for agricultural uses and is used for pasture land. The surrounding area is similarly zoned and used for agricultural activities. Rural residential uses can be found on both sides of N 250 Road between the eastern Baldwin City limit and the termination of N 250 Road to the east.
Character of the area. The character of the area is a mix of agricultural and rural residential uses. Residential lots are clustered along the existing county roads.
Suitability of subject property for the uses to which it has been restricted. The suitability of the use of the subject property for agricultural activity is not questioned. The property lacks the ability to be developed with a residence because of prior land division. The property is suitably zoned for continued agricultural activity.
Length of time subject property has remained vacant as zoned. The property was zoned Agricultural with the adoption of the County Zoning Regulations in 1966.
Extent to which removal of restrictions will detrimentally affect nearby property. Staff received no communication from the public during the review and preparation of this request. Residential uses can be found both to the east and west of the subject property as well as to the south. The request is consistent with the surrounding development pattern.
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. There is no outstanding public harm nor is there any obvious gain to the public health, safety and welfare by the proposed request. This request was not initiated by the public and therefore there is no related destruction of value of the subject property since it may continue to be used for agricultural purposes. The hardship to the applicant is the loss of ability for residential development at this time. Staff d s not anticipate any hardship associated with either approval or denial of this request on adjoining properties.
Conformance with The Comprehensive Plan. Consistency with land use recommendations found in Horizon 2020 is a matter of interpretation.
AND subject to the following revised condition:
- Filing of an approved Final Plat showing one (1) single-family home with the Register of Deeds Office, with the provision noted on the Final Plat that development will be limited to one (1) house until the property is annexed into the city.
Motion was seconded by Johnson and carried unanimously.
PLANNING 08-08-05
The Board conducted a work session on planning initiatives. Linda Finger, Director of the Lawrence-Douglas County Metropolitan Planning Department, conducted the presentation. No action was taken.
ACCOUNTS PAYABLE 08-08-05
Jones moved approval of accounts payable in the amounts of $1,973,768.13 to be paid 07/25/05, $2,129,036.25 to be paid 07/29/05, $517,226.07 to be paid 08/01/05, and $135,263.61 to be paid 08/08/05; accounts payable manual checks in the amounts of $85.00, $1,368.24, $5,966.48, $50,000.00 $1,918.55, and $566.06; payroll in the amount of $649,594.16; electronic funds transfers in the amounts of $47,746.90 for FICA and $44,581.25 for KPERS to be paid 07/22/05; District Court's Longevity Payroll in the amount of $5,200.00; electronic funds transfers in the amounts of $398.52 for FICA and $116.20 for KPERS to be paid 07/27/05; payroll in the amount of $627,725.61; electronic funds trans fers in the amounts of $46,086.37 for FICA and $43,391.02 for KPERS to be paid 08/05/05; and ACH Bank Transfer in the amount of $155,796.25 to be paid 08/31/05. Motion was seconded by Johnson and carried unanimously.
APPOINTMENTS 08-08-05
Jones made a motion to appoint Doug Stephens, Lawrence, Kansas, to the Bert Nash Center Governing Board of Directors, for the unexpired term of Judy Long O'Neal, which expires May 31, 2006. Motion was seconded by Johnson and carried unanimously.
Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.
_____________________________ _____________________________
Charles Jones, Chairman Bob Johnson, Member
ATTEST:
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Jamie Shew, County Clerk Jere McElhaney, Member