Commission Board Meeting on Wed, May 7, 2008 - 6:35 PM


Meeting Information

-Convene

CONSENT AGENDA
(1) (a) Consider approval of Commission Orders;
     (b) Notice to Township for Cereal Malt Beverage License for Pipeline Productions at Clinton State Park on June 5-8. 2008 (Clerk's Office);
     (c) Consider the initiation of a text amendment Article 18 of Minimum lots areas of A (Agriculture) and A1 (Suburban Home Residential)-No backup; and
     (d) Consider initiation of a text amendment to Section 20-806 (d)(1) to clarify the number of divisions at an intersection (Linda Finger and Mary Miller)-No Backup

REGULAR AGENDA
(2) Public Hearing for the Family Life Broadcasting, Inc. for the purposes of financing and refinancing the acquisition and improvement of radio broadcast facilities and equipment for use by the Company, including the acquisition of FM broadcast station KJTY, Lawrence, Kansas, transmitting from facilities located at 1031 East 1200 Road in Douglas County, Kansas 66047 (Timothy Pickrell)

(3) Other Business
    (a) Consider approval of Accounts Payable (if necessary)
    (b) Appointments
    (c) Miscellaneous
    (d) Public Comment

(4) Adjourn


Johnson called the meeting to order at 6:35 p.m. on Wednesday, May 7, 2008 with all members present. 

CONSENT AGENDA 05-07-08
Jones moved approval of the following Consent Agenda:

► Commission order Nos. 08-040 and 08-042 (on file with the office of the Clerk); 
► Notice to Township for Cereal Malt Beverage License for Pipeline Productions at Clinton State Park on June 5-8, 2008.

The motion was seconded by McElhaney and carried unanimously.

Pulled from Consent Agenda for separate motions:

ZONING & TEXT AMENDMENTS 05-07-08
The Board considered the initiation of a text amendment Article 18 of Minimum lots areas of A (Agriculture) and A1 (Suburban Home Residential).

Jones moved the initiation of a text amendment to Article 18 in the Zoning Regulations to change the minimum parcel area requirements to staff's recommendation of "3 or 5 acres" for roads classified as other than Principal Arterials and change the minimum parcel area requirement along Principal Arterials to 10 acres. The amendment should be written so that the revised minimum acreage requirements are retroactive to include all Certificates of Survey approved since January 1, 2007. Motion was seconded by Johnson and carried unanimously. 

ZONING & TEXT AMENDMENTS 05-07-08
The Board considered the initiation of a text amendment to Section 20-806 (d)(1) to clarify the number of divisions at an intersection.

Jones moved the initiation of a text amendment to section 20-806(d)(1) of the Subdivision Regulations to clarify that a Parent Parcel at an intersection of two roads that are not both classified as Local roads may be split only one time into two Residential Development Parcels. Motion was seconded by Johnson and carried unanimously. 

[In response to the question Aaron Gaspers, Peridian Group, Inc. representing property owners of 735 E 550 Road, who asked if the reduction to ten (10) acres would then allow his client to retain an existing drive from a principal arterial road when bounded by a local road, Jones stated "no" the driveway would have to be relocated to N750 Road, a local township road if he wishes to keep three divisions from the parent parcel.]

PUBLIC HEARING 05-07-08
In the next order of business, the Chairman announced that the public hearing was  to be conducted pursuant to Section 147 of the Internal Revenue Code of 1986, as amended, on the plan for The Industrial Development Authority of the County of Pima (Arizona) (the "Issuer"), to issue not to exceed $4,000,000 aggregate principal amount in bonds in one or more series, with the proceeds to be used by Family Life Broadcasting, Inc. for the purposes of financing and refinancing the acquisition and improvement of radio broadcast facilities and equipment for use by Family Life Broadcasting, Inc., including the acquisition of FM broadcast station KJTY, Lawrence, Kansas, transmitting from facilities located at 1031 East 1200 Road in Douglas County, Kansas. It was noted that the bonds are not being issued by Douglas County, and will not constitute a debt or obligation of the County or any other municipality or political subdivision of the State of Kansas.

Members of the public were invited to comment with respect to the proposed financing plan and the nature of the facilities to be financed.  No comments written or oral were received.
After providing the opportunity for public comment, the Chairman closed the public hearing.

Craig Weinaug, County Administrator, stated the tower complied with County regulations and that all documents have been reviewed by the County Counselor.

Jones commented he is a strong believer in separation of church and state and d s not feel comfortable voting to approve the resolution. On the other hand, he would feel comfortable acknowledging the document. Johnson verified that the document must be approved after holding a public hearing, for tax reasons

Thereupon, Commissioner Johnson moved, seconded by Commissioner McElhaney, that the Board adopt the following resolution, titled:

A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF DOUGLAS COUNTY, KANSAS, APPROVING THE ISSUANCE OF REVENUE BONDS BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE COUNTY OF PIMA, ARIZONA, FOR THE BENEFIT OF FAMILY LIFE BROADCASTING, INC.

The motion was approved and the Resolution was adopted by the following roll call vote:

Aye: Johnson and McElhaney
Nay:  Jones

Thereupon, said Resolution, having been adopted by a majority vote of the members of the Board, was given No. 08-16; was directed to be signed by the Commissioners approving the Resolution, attested to by the County Clerk, and made a part of the permanent records of the Board.

MISCELLANEOUS & AIR QUALITY 05-07-08
It was the consensus of the Board to have the Air Quality Committee review a memo received on "Air Quality and Public Health" and have them make a recommendation.
 
MISCELLANEOUS & SIREN POLICY REVISION 05-07-08
In reference to recent comments received from the public regarding the use of warning sirens during tornado season, Jones stated feels it is important to receive community input regarding discussion on revisions to the current Outdoor Warning Siren Policy. He directed the County Administrator to advise the Emergency Management Director the Commission wishes to have a public session to receive comments. 

APPOINTMENT 05-07-08
Jones moved to appoint Joyce Wolf, Lawrence, Kansas, to the ECO2 Commission for a four-year term expiring July 2012, filling the expired term of RoxAnne Miller; and to reappoint Trudy Rice to serve a second four-year term to also expire July 2012. Motion was seconded by McElhaney and carried unanimously.

Jones moved to adjourn the meeting; Johnson seconded and the motion carried. 

 

____________________________     ____________________________
Bob Johnson, Chairman                         Jere McElhaney, Vice Chair

ATTEST:

_____________________________   ____________________________
Jamie Shew, County Clerk                      Charles Jones, Member
   


 

Location

County Courthouse
1100 Massachusetts St, Lawrence, KS 66044, USA