Meeting Information
-Convene
-Consider approval of minutes for November 14, 2007.
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders;
(b) Consider approval for renewal of the annual maintenance contract with H.T.E. Inc for computer software relating to Computer Assisted Dispatch programs in the amount of $20,805.00. (Jim Denney); and
(c) Consider approval of renewal and payment of the annual Motorola service agreement in the amount of $33,582.00 for service to equipment in the dispatch facility and the transmitters related to the 800 MHz trunking system (Jim Denney)
REGULAR AGENDA
Planning Item:
(2) Consider approval of CUP-10-09-07: A request for construction of an elevated water tower located at the Southeast corner of the Intersection of Highway 40 & County Rd 1023. Submitted by Rural Water Dist. #3; Leroy & Jeanne Boucher, property owner of record. (Sandra Day is the Planner)
(3) Receive recommendation of Planning Commission regarding MM-10-02-07: a request to discontinue the minimum maintenance designation for E 1600 Road & N 1175 Road, within Wakarusa Township. (PC Item No. 7; approved 9-0 on 11/26/07) (Davonna Morgan is the Planner)
(4) Receive petition to establish a portion of E700 Road (Keith Browning/Michael Kelly)
(5) Public Hearing for Amending the 2007 Budget (Debbie Sparkes)
(6) Other Business
(a) Consider approval of Accounts Payable (if necessary)
(b) Appointments
(c) Miscellaneous
(d) Public Comment
(7) Adjourn
Johnson called the meeting to order at 8:35 a.m. on Monday, December 17, 2007 with all members present.
Jones moved to approve the minutes of November 14, 2007 as amended. Motion was seconded by Johnson and carried unanimously.
CONSENT AGENDA 12-17-07
Johnson moved approval of the following Consent Agenda:
► Commission Order Nos. 07-178 and 07-179 (on file with the office of the Clerk); and
► Renewal of annual maintenance contract with H.T.E. Inc for computer software relating to the Computer Assisted Dispatch (CAD) programs in the amount of $20,805.00; and
► Renewal and payment for the annual Motorola service agreement in the amount of $33,582.00 for service related equipment in the dispatch facility and the transmitter related to the 800 MHz system.
The motion was seconded by Jones and carried unanimously.
PLANNING 12-17-07
The Board considered the approval of CUP-10-09-07, a Conditional Use Permit for the construction of an elevated water tower located at the Southeast corner of the intersection of Highway 40 and County Road 1023. The application was submitted by Rural Water District No. 3 for Leroy and Jeanne Boucher, property owners of record. Sandra Day, Lawrence-Douglas County Metropolitan Planning Department, was present for discussion. Staff recommends approval of CUP-10-09-07 for a water tower and forwarding it to the County Commission with a recommendation for approval based on the following findings of fact:
Zoning and uses of properties nearby. The current zoning is A (Agricultural). The subject property is a portion of a larger parcel that includes an existing residence. The long term plan for the applicant is to own the property that encompasses the water tower enclosure and access.
Character of the area. The property abuts Highway 40. The area is characterized by rural homes and agricultural fields and pasture areas. Access to the site is from E 200 Road, a designated major collector road.
Suitability of subject property for the uses to which it ahs been restricted. The proposed request will not alter the base zoning district. Utility uses are allowed in the A (Agricultural) district subject to approval of a Conditional Use Permit and compliance with minimum standards.
Length of time subject property has remained vacant as zoned. The subject property is developed with a residence to the southeast of the water tower site. This zoning has been in place since 1966.
Extent to which removal of restrictions will detrimentally affect nearby property. Approval of this request for the construction of an elevated water tower will not remove any existing land use restrictions.
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. Approval of the request will facilitate the Rural Water District in providing improved service to customers.
Conformance with the comprehensive plan. The ground will be enclosed with a security fence. The applicant's engineer has indicated that the structure will be capable of supporting communication antenna in the future if the Rural Water District chooses to allow that activity. This will provide an additional opportunity for co-location of communication equipment in the future. The proposed use if consistent with extension and improvement of services for existing utility customers.
AND subject to the following conditions:
1. Provision of a revised site plan to include the following:
a. Landscape plan that includes evergreen trees planted along the fence line, adjacent to the public roads, to screen the tower base and any future ground mounted equipment. Plantings should include evergreen trees planted a minimum of 50' on center.
b. Show Base Setback Line for measurement of minimum setback requirement of 40' from center line of road per section 5-1.01.02 of the County Zoning Regulations.
c. Move the location of the tower to the east to increase the setback from the front property line to the minimum required 100' from base Setback Line established per section 5-1.01.02 of the County Zoning Regulations along N 200 Road. (Total minimum setback required is 115' from current west property line).
d. Dimension of the rear setback from east property line (minimum required setback is 30').
e. Note what the maximum tower height is on page two of the site plan.
f. Provision of a note that states: "Future lighting proposed for the base of the tower will require approval by the County Zoning Administrator prior to installation."
Jones stated we usually give CUPs to utilities that own the property and he asked for more information on the intent of the utility company. Day stated the utility company was interested in purchasing the property. However, if they purchase the land, that parent parcel would be less then six acres and not have been subdivided appropriately within the subdivision regulations, jeopardizing any future building permits.
Jones questioned how to resolve this issue. Day replied that Staff is looking at text amendments to the subdivision regulations to deal with this issue.
Johnson asked if this would be a 10-year CUP. Day stated that no limit on the CUP is recommended.
Linda Finger, Planning Resource Coordinator, explained that the new subdivision regulations provide an exemption for the acreage requirements for an improvement that is owned by a public utility. However, the definition for public utility d s not clearly include rural water district. If the Board rules the item d s fit as a utility, it would fall under the exemption, but it still would not solve the problem for the landowner.
The Board tabled the item for Staff to verify that a public water source falls under the exemption rule in the subdivision regulations, and to place this item on the agenda for the Wednesday, December 19, 2007 meeting.
PUBLIC WORKS 12-17-07
The Board considered item MM-10-02-07 to rescind the Minimum Maintenance Road Designation for portions of E 1600 Road and N 117 Road in Wakarusa Township. The request comes from the Wakarusa Township Board to reinstate the full maintenance status to allow issuance of building permits and also make improvements to serve the Wakarusa Water Reclamation Facility. Davonna Morgan, Lawrence-Douglas County Metropolitan Planning Department, was present for discussion.
It was the consensus of the Board to initiate the process to consider the request to rescind Minimum Maintenance road status for portions of E 1600 and N 1185 Roads in Wakarusa Township.
PUBLIC WORKS 12-17-07
The Board received a petition from Marc and Donna Whiting, to extend E700 Road along an alignment that has previously been vacated so they may obtain a building permit for a residence. Michael Kelly, County Surveyor, was present for discussion. The Whitings purchased their parcel not knowing of their lack of road frontage. However, they did have title insurance. Their title company's research apparently failed to disclose the lack of road frontage.
Gregory A. Lee, attorney hired by the title company to assist the Whitings, stated the Whitings purchased their 10-acre track in 2000 with the intention of building a house. Unfortunately they are now ready to build a house but found they do not have enough road frontage to get a building permit. Lee stated the Whitings approached the land owner to the south of the current track to see if he was interested in selling. At this time he is not interested.
Marc Whiting, property owner, stated he is a builder and his intentions are to build a solar home on the property. He currently resides in Warrensburg, Missouri.
Jones stated long dead-end roads create maintenance problems. There is a list of others who have acquired landlocked parcels who would also like to extend a road, but generally this is not good public policy. Jones stated if approved, the property owner would be responsible for acquiring all right-of-ways and bringing the road up to County standards. The Board discussed the use of eminent domain. It was the consensus of the Board they would not be willing to use eminent domain for this purpose.
It was the consensus of the Board to table the item and for the Board to declare a six-month moratorium to come up with rules that are appropriate for these instances. The Board directed the Staff to prepare a moratorium for the extension or creation of roads and to place on the agenda for the Wednesday, December 19, 2007 meeting.
BUDGET 12-17-07
Jones moved approval of the 2007 amended budget with the following changes:
Fund Increase in budget Major Reason
Ambulance 210,6991 Increase in ambulance fees. Gives authority to transfer to ambulance equipment reserve.
Emergency Call Phone 37,000 Increase in emergency cell phone tax. Gives authority to transfer to equipment spent.
Grants 160,200 Required to amend budget by amount spent.
Special Auto Fee 72,834 Increase in special report fees. Gives authority to transfer to equipment reserve.
Special Law Enforcement Trust 45,000 Required to amend budget by amount spent.
Youth Services 148,052 Increase in state reimbursements and fund balance. Gives authority to transfer to equipment reserve.
The motion was seconded by McElhaney and carried unanimously.
APPOINTMENT 12-17-07
Jones moved to approve the appointment of John Pendleton to serve as County Auditor from January 7 through March 17, 2008 in the absence of Dean Nieder. Motion was seconded by McElhaney and carried unanimously.
ACCOUNTS PAYABLE 12-17-07
Jones moved approval of accounts payable in the amount of $236,320.59 to be paid on 12/17/07; payroll in the amounts of $784,769.30 paid on 12/07/07 and $777,493.06 to be paid on 12/20/07; FICA in the amounts of $57,184.52 paid on 12/07/07 and $56,760.45 to be paid on 11/21/07; and KPERS in the amounts of $62,208.38 paid on 12/07/07 and $62,427.35 to be paid on 12/21/07. Motion was seconded by McElhaney and carried unanimously.
Jones moved to adjourn the meeting; McElhaney seconded and the motion carried.
____________________________ ____________________________
Bob Johnson, Chairman Jere McElhaney, Vice Chair
ATTEST:
_____________________________ ____________________________
Jamie Shew, County Clerk Charles Jones, Member
Time and Date