Meeting Information
-Convene
-Pledge of Allegiance
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders
(b) Consider approval of 2005 Township Annual Reports (Debbie Sparkes)
(c) Consider approval of bids for various signs, posts and miscellaneous materials for County and Township use (Keith Browning)
(d) Consider approval of jail camera replacement (Sheriff McGovern)
REGULAR AGENDA
(2) Planning Item: PF-12-44-05: Final Plat for Mears Addition. This proposed five-lot single-family residential subdivision contains approximately 18.5 acres. The property is generally described as being located at the northwest corner of E 1600 Road and N 1000 Road. Submitted by Landplan Engineering for David E. Mears, property owner of record. (Lisa Pool)
(3) Consider resolution establishing an agricultural building permit exemption from the County Building Code (Keith Dabney)
(4) Consider approval of Resolution ordering the <1/2xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com:office:smarttags" />County Counselor to institute a Judicial Tax Foreclosure Action in the District Court of Douglas County, Kansas (Paula Gilchrist)
Johnson called the meeting to order at 8:36 A.M. on Monday, March 6, 2006 with two members present. McElhaney was absent. The Pledge of Allegiance was recited.
CONSENT AGENDA 03-06-06
Jones made a motion to approve the following Consent Agenda:
- Approve Commissioners Order Nos. 06-119, 06-120, 06-121, and 06-122. Orders are on file in the office of the County Clerk;
- Pull the item "Consider approval of 2005 Township Annual Reports" for discussion;
- Authorize the purchase of a digital recording system from Siemens Building Technology in the amount of $89,465.00 to replace the current system at the Douglas County Jail; and
- Approve the award of bids for various signs, posts, and miscellaneous materials for county and township use as follows:
National Sign Co. -- $11,909.88
MD Solutions -- $412.50
Vulcan Signs -- $13,205.80
J&A Traffic -- $645.00
Bid Total -- $26,173.18
Motion was seconded by Johnson and carried unanimously.
TOWNSHIPS 03-06-06
Jones stated he would prefer to accept the 2005 Township Annual Reports rather than approve them. Craig Weinaug, County Administrator, noted that approval may be required per Kansas Statute, but he would check. Jones then made a motion to accept the 2005 Annual Township Reports. Motion was seconded by Johnson and carried.
McElhaney joined the meeting at 8:38 A.M.
RESOLUTIONS & EMERGENCY MANAGEMENT 03-06-06
Jones made a motion to affirm the action taken by the Chair on March 4, 2006 to lift the burn ban. Motion was seconded by Johnson and carried unanimously.
PLANNING 03-06-06
The Board considered Item 1 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated February 16, 2006. This item is PF-12-44-05: Final Plat for Mears Addition. This proposed five-lot single-family residential subdivision contains approximately 18.5 acres. The property is generally described as being located at the northwest corner of E 1600 Road and N 1000 Road. Submitted by Landplan Engineering for David E Mears, property owner of record. Lisa Pool, staff member of the Lawrence-Douglas County Metropolitan Planning Department, was present for the discussion. This item comes to the Board with a recommendation for approval based on the following Findings of Fact:
Zoning and land uses of surrounding properties. The applicant is proposing to rezone 18.5 acres from the A (Agricultural) District to the A-1 (Suburban Residential) District. The land is currently undeveloped, and includes a tree line, which runs from the property's northeast corner to the southwest corner. The areas to the north, east, and west are zoned A (Agricultural) District, while the subdivision to the south is zoned A-1 (Suburban Residential) District. Within the vicinity of the subject parcel, the properties to the west of E 1600 Road comprise suburban residential development, while those to the west of E 1600 Road include mostly rural residential lots.
Character of the area. The area is characterized by a mix of agricultural uses with rural and suburban residential developments. While the area has a distinct rural character, several single-family residences surround the property in each direction. All parcels surrounding the subject property are zoned A (Agricultural) District, excluding those to the south, which are zoned A-1 (Suburban Residential) District. The subject property is located outside of the Lawrence City Limits, but is within the Urban Growth Area (UGA).
Suitability of subject property for the uses to which it has been restricted. All properties to the north, east, and west of the subject parcel are zoned A (Agricultural) District. The properties to the south are zoned A-1 (Suburban Residential) District. The area features a variety of agricultural uses and single-family residences located on large tracts of land. The property is adjacent to a platted subdivision, is within the Urban Growth Area, is outside the FEMA designated floodplain, and has access to hard-surfaced roads. A portion of E 1600 Road, stretching from N 1000 to N 1100 Road, was chip sealed during the week of June 6, 2005.
Length of time subject property has remained vacant as zoned. The property has been zoned A (Agricultural) District since the adoption of the 1966 Douglas County Zoning Regulations. The subject property is unimproved and d s not include agricultural uses.
Extent to which removal of restrictions will detrimentally affect nearby property. As the subject property is located within the Urban Growth Area and is adjacent to a platted subdivision and other large lot single-family homes, approval of a rezoning of this property from the A (Agricultural) District to the A-1 (Suburban Residential) District will not alter the past trend for rural residential development and should not detrimentally affect nearby properties.
At the June Planning Commission meeting, the Commission had requested that the applicant provide site distance and stormwater information with the preliminary plat application. As the Intersection Site Distance (ISD) for the driveway between Lots 1 and 2 has no limitations and the ISD for the second driveway is limited to approximately 863 feet, which is 253 feet greater than the minimum required value of 610 feet, it has been concluded that the proposed location of the subject driveways provides adequate ISD. Regarding stormwater, the calculations resulted in a less than 1% increase in peak flows at both points. Thus, it was determined that the proposed development will have a relatively insignificant effect on stormwater flow within the project vicinity.
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. If the property retains its A (Agricultural) District designation, it would be able to function with any of the following permitted uses, among others: agriculture, hospital or clinic for large or small animals, commercial greenhouse, church, or school. Properties within the UGA may not be developed for residential purposes through the five-acre exemption, and must be rezoned to the A-1 (Suburban Residential) District in order to obtain a building permit for residential development.
Conformance with The Comprehensive Plan. The proposed request conforms to several Horizon 2020 policies related to low-density residential uses. Specifically, each lot conforms to the minimum lot size recommendation of three acres within the UGA.
AND subject to the following conditions:
- Submittal of an executed Water Supply Agreement between the Lawrence-Douglas County Health Department and the property owner.
- Submittal of documentation reflecting an acceptable septic system site evaluation conducted by the Lawrence-Douglas County Health Department.
- Provision of the following fees and recording documentation:
a. A current copy of a paid property tax receipt.
b. Recording fees made payable to the Douglas County Register of Deeds. - Revision of the plat to include the following:
a. Replacement of plan note "County Road 458" with "County Route 458."
b. The Book and Page number for the Water Supply Agreement.
Jones made a motion to approve PF-12-44-05 subject to the above conditions. Motion was seconded by McElhaney and carried unanimously.
RESOLUTIONS, TAX MATTERS & TREASURER 03-06-06
The Board considered approval of a resolution ordering the County Counselor to institute a judicial tax foreclosure action in the District Court of Douglas County, Kansas. Paula Gilchrist, Treasurer, was present for the discussion. Jones made a motion to approve Resolution No. 06-09 ordering the County Counselor to institute a judicial tax foreclosure action in the District Court of Douglas County, Kansas. Motion was seconded by McElhaney and carried unanimously.
PURCHASING & PUBLIC WORKS 03-06-06
The Board considered approval of the purchase of a milling machine attachment for the Public Works Department. Mike Perkins, Operations Division Manager, explained that this equipment will allow the department to accomplish milling and leveling repairs it is currently not equipped to do. Small full depth patches can be made more efficiently than the current method of saw cutting, breaking the pavement up with jack hammers and removing with loaders and backh s. The milling machine will address all asphalt repairs and provide base stabilization.
The H-GAC Cooperative Purchasing Program (interlocal agreement with MARC) has established a contract directly with the manufacturer, Asphalt Zipper. They have provided a cost of $83,179. Funds are available in the Special Equipment Fund for this expenditure. McElhaney made a motion to authorize staff to access the H-GAC contract with Asphalt Zipper in the amount of $83,179 for the purchase of a milling machine attachment. Motion was seconded by Jones and carried unanimously.
PURCHASING & SHERIFF 03-06-06
The Board considered approval to purchase seven (7) 2006 patrol cars and one (1) 12-passenger van. Ken McGovern, Sheriff, was present for the discussion. Six (6) patrol cars and one (1) SUV will be disposed of which will be sold. Last year, the County participated in a regional cooperative bidding process (KCRPC) for the acquisition of 2006 vehicles. We can continue to purchase from the contracts until the manufacturer's production cutoff date. The awarded dealership is Shawnee Mission Ford. It should be noted that it will cost approximately $3,000 per patrol car and $1,200 for the van to be equipped for the road. After discussion, Jones made a motion to approve the purchase of seven (7) patrol cars and one (1) 12-passenger van from Shawnee Mission Ford in the amount of $170,284 and authorize the sale of the used vehicles through Nationwide Auction.
ZONING 03-06-06
The Board discussed a draft proposed resolution amending the Uniform Building Code. Johnson explained that he has been working with Keith Dabney, Director of Zoning and Codes, and Evan Ice, County Counselor, on the draft proposed resolution that sets out the process for agricultural building permits. Dabney and Ice were also present for the discussion. Dabney noted that they have met with members of the agricultural community and they have been very positive and receptive. The overall concern has been the definition of agricultural use. Johnson noted that the next step in the process would be to solicit input from McElhaney and Jones, circulate it to the agricultural community for input, then take action. No action was taken.
MISCELLANEOUS 03-06-06
The Board discussed issues regarding the wastewater reclamation plant site location. Jones noted that since the City/County/School District is scheduled to meet on Wednesday, March 8, 2006 regarding this issue, he believed it would be a good idea for the County Commission to determine its position. Jones stated he believed it should be located on the east side of Highway 59 and that the Commission should support growth east of Highway 59. Johnson and McElhaney agreed. No action was taken.
ACCOUNTS PAYABLE 03-06-06
Jones moved approval of accounts payable in the amount of $846,697.97 to be paid 03/06/06; accounts payable manual checks in the amounts of $500.00 and $42,035.75; payroll in the amount of $657,714.59; and electronic funds transfers in the amounts of $48,374.41 for FICA and $51,222.64 for KPERS to be paid 03/03/06. Motion was seconded by Johnson and carried unanimously.
McElhaney excused himself at 10:30 A.M.
MISCELLANEOUS 03-06-06
Jones made a motion that Johnson be appointed to serve as the County's representative to the Lawrence-Douglas County Biosciences Board. Motion was seconded by Johnson and carried.
TOWNSHIPS 03-06-06
Pam Madl, Assistant County Administrator, noted that in regard to approving the Township Annual Reports, Kansas State Statue 80-304, states that "such report shall be verified by affidavit and shall be examined by the board of county commissioners. If found correct and in conformity to law, the board shall approve the report and accounts and the same shall be filed in the office of the county clerk of such county." Jones made a motion that the Board approve the 2005 Township Annual Reports. Motion was seconded by Johnson and carried.
Johnson made a motion to adjourn; Jones seconded and the motion carried.
_____________________________ _____________________________
Bob Johnson, Chairman Jere McElhaney, Member
ATTEST:
_____________________________ _____________________________
Jamie Shew, County Clerk Charles Jones, Member
Time and Date