Meeting Information
-Convene
-Consider approval of minutes for September 3, 2008
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders;
REGULAR AGENDA
(2) Consider approval of CUP-06-04-08, a Conditional Use Permit for Penny's Concrete, located at 1752 N 1500 Road. Submitted by Penny's Concrete, for Schaake Farms Inc and Larry C. Schaake, property owners of record. (PC Item 6; approved 8-0 on 8/27/08) (Paul Patterson is the Planner)
(3) Consider approval of SP-08-71-08: Site Plan for 696 East 1700 Road; McFarlane Aviation, Baldwin. (Paul Patterson is the Planner)
(4) Consider approval of a Resolution amending the Zoning Regulations, Chapter XII, Article 18, to revise the minimum lot/parcel area requirements in the A and A-1 Districts and to add a footnote to the Table 18 that provides a waiver from meeting the minimum lot/parcel width requirement when an Access Restriction Agreement has been approved by the County Engineer. [TA-05-05-08 and TA-06-13-08] (Linda Finger)
(5) Consider approval of a Resolution amending the Zoning Regulations, Chapter XII, Article 19, to add a new conditional use for Value-Added Agricultural Business and to reformat the existing Article by creating sections 19-2 Time Limitations and 19-3 Amending or Revocating a Conditional Use Permit [TA-05-0608 and TA-05-07-08] (Linda Finger)
(6) Consider approval of a Resolution amending the Zoning Regulations, Chapter XII, Article 20, to permit the creation of a non-conforming building or structure when additional road right-of-way or easement is dedicated or acquired for a public road purpose. [TA-05-04-08] (Linda Finger)
(7) Consider approval of a partnership agreement with KDOT and other Douglas County and Johnson County local governments and MPO's for a US-56 corridor management study (Keith Browning)
(8) Discussion of GFOA (Government Finance Officer's Association) update (Jamie Shew and Paula Gilchrist)
(9) Other Business
(a) Consider approval of Accounts Payable (if necessary)
(b) Appointments
(c) Miscellaneous
(d) Public Comment
(10) Adjourn
Johnson called the regular session meeting to order at 8:30 a.m. on Monday, September 15, 2008 with all members present.
Johnson moved approval of the minutes for September 3, 2008. Motion was seconded by Jones and carried unanimously.
CONSENT AGENDA 09-15-08
Jones moved approval of the following Consent Agenda:
► Commission order Nos. 08-062 and 08-063 (file with the office of the Clerk)
Motion was seconded by McElhaney and carried unanimously.
PUBLIC WORKS 09-15-08
The Board considered the approval of a Partnership Agreement with KDOT and other Douglas County and Johnson County local governments and Metropolitan Planning Organizations (MPO's) for a US-56 Corridor Management Study from US-56 in Douglas County to I-35 in Gardner. Keith Browning, Director of Public Works, was present for the discussion. The purpose of the study is to prepare a Corridor Management Plan that will serve as framework for future potential highway enhancements, identify and preserve right-of-way that may be necessary to accommodate any projected enhancements, describe and identify access management objectives for the transportation corridor, and promote effective inter-connectivity of the local street/road network with the highway.
Jones asked for Browning to clarify whether or not approving the study would commit the County to make improvements. Browning stated there is no obligation, we are only agreeing to partner on the study.
Johnson opened the item for public comment. No comments were received.
Johnson moved to approve a Partnership Agreement with KDOT and other Douglas County and Johnson County local governments and MPO's for a US-56 Corridor Management Study. Motion was seconded by McElhaney and carried unanimously.
PLANNING 09-15-08
The Board considered the approval of CUP-06-04-08, a Conditional Use Permit for Penny's Concrete, located at 1752 N 1500 Road. The application was submitted by Penny's Concrete, for Schaake Farms Inc. and Larry C. Schaake, property owners of record. The CUP is a new permit for a dredging operation taking sand and gravel from the Kansas River. The applicant's prior CUP for the same location has expired. Paul Patterson, Lawrence and Douglas County Metropolitan Planning Staff, was present for the discussion. Staff recommends approval of the CUP for Kaw Sand/The Master's Dredging Company/Penny's Concrete and forwarding to the County Commission with a recommendation for approval, based upon the following findings of fact:
Zoning and uses of property nearby. VC (Valley Channel) Zoning District to the east, west and south; agriculture and river bank areas. The Kansas River is adjacent to the north.
Character of the area. The character of the area is rural, agricultural with a long running sand/gravel dredging operation located to the north-east.
Suitability of subject property for the uses to which it has been restricted.
The property is suitable for the uses to which it has been restricted.
Length of time subject property has remained vacant as zoned. The subject property has previously been available and used for agricultural related uses since at least 1966, when the County adopted Zoning Regulations. The property has two prior CUP's [CUP-01-03-91] & [CUP-03-03-01] for the sand/gravel dredging operation which were never implemented due to need for Corps of Engineer's permit. The property is currently used for the production of corn.
Extend to which removal restrictions will detrimentally affect nearby property. The proposed land use should not detrimentally affect nearby property.
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 dredging operation may benefit the community in that production at this location will provide a convenient and economical source of sand and gravel. Denial of the operation would not allow for the dredging of sand and gravel from the Kansas River at this location and would require the obtaining of such material from a different location/source.
Conformance with the comprehensive plan. The request is in conformance with the Comprehensive Plan. The sand/gravel operation can be a long term use of the property with reclamation of the land when the operation ceases, a restriction placed on the Conditional Use Permit. When the CUP has expired the land will be suitable for agricultural uses as much of the land will have been undisturbed.
AND subject to the following conditions of approval:
1. The CUP permit for the sand/gravel dredging operation [CUP-06-04-08] is valid to December 31, 2012.
2. Upon applicant's request in the Fall of 2012 for an administrative review by the Douglas County Zoning Administrator, the CUP Permit [CUP-06-04-08] may be administratively extended by the Douglas County Zoning Administrator for up to six years (a consecutive maximum six year period starting on December 31, 2012 and ending no later than December 31, 2018) providing that the applicant maintains a valid Corps of Engineers' Permit for the sand/gravel dredging operation. Sand/gravel dredging operation beyond an extension by the County Zoning Administrator would require the applicant obtaining a new CUP permit.
3. The applicant shall obtain an approved County Flood Plain Development Permit from the Douglas County Zoning Administrator prior to the installation of the proposed dredging operation improvements.
4. The following general notes shall be added to the face of the Site Plan:
a. Per Article 19-5(b), as it deals with cessation of operations or reclamation planning "All excavated materials will be returned to a level no higher than the elevation of surrounding land, and that proper drainage is provided."
b. Note on plan for lighting, "Lighting on the site be restricted to operational lighting as required by Mine Safety Health Administration and lighting for the dredge (marine) equipment as per requirements of the United States Coast Guard."
5. Provide the following minor modifications to the Site Plan:
a. Include the Register of Deed's recorded book and page number for the access road agreement.
b. Update the Legal Description.
c. Remove the 'Phase 1' label as it is no longer a part of the plan.
6. The sand/gravel stockpiles are restricted to the west side of a north/south line located 500' west of the Lauber's property (an adjoining property owner to the east). Note: Condition No. 6 added by Planning Commission 08/27/08.
Jones stated in the past this item was controversial. He questioned what type of notification was given to the surrounding property owners. Patterson confirmed that letters were sent to neighbors within 1,000 feet of the property, the information was posted on the City's website and there was information published in the local paper.
Johnson asked if the applicants are agreeable to the conditions of approval. Patterson stated they are.
Johnson opened the item for public comment. No comment was received.
It was the consensus of the Board to table the item, because of its controversial history, and to place it on the Consent Agenda for the Wednesday, September 17, 2008 meeting. The item will be pulled from consent if there is public comment.
PLANNING 09-15-08
The Board considered the approval of SP-08-71-08, a site plan for a new storage building and additional parking space for McFarlane Aviation, located at 696 East 1700 Road. The application was submitted by David and Phylis McFarlane, property owners of record. Paul Patterson, Lawrence and Douglas County Metropolitan Planning Staff, was present for the discussion. Staff recommends approval of the proposed site plan subject to the following conditions:
1. Provide the following note on the face of the site plan:
a. "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'."
2. Provide an agreement with KCPL for the location of a small portion of the building over the 20' KCPL easement or relocate the proposed storage building off of the 20' KCPL easement.
Johnson opened the item for public comment. No comment was received.
Jones moved to approve site plan SP-08-71-08 with the above listed conditions. Motion was seconded by McElhaney and carried unanimously.
ZONING & RESOLUTION 09-15-08
The Board considered the approval of Resolution 08-38, amending the Zoning Regulations, Chapter XII, Article 18, to revise the minimum lot/parcel area requirements in the A and A-1 Districts and to add a footnote to Table 18 that provides a waiver from meeting the minimum lot/parcel width requirement when an Access Restriction Agreement has been approved by the County Engineer. The BOCC approved text amendments TA-05-05-08 and TA-06-13-08 at the September 3, 2008. Linda Finger, Planning Resource Coordinator, presented the item.
Jones moved to approve Resolution 08-38 amending the Douglas County Zoning Regulations, Chapter XII, Article 18 Height, Area and Bulk Requirements to add a footnote to the minim lot/parcel width at road right-of-way requirements and to amend the minimum lot/parcel area requirements for the A (Agricultural) and A-1 (Suburban Home Residential) Districts. Motion was seconded by McElhaney and carried unanimously.
ZONING & RESOLUTION 09-15-08
The Board considered the approval of Resolution 08-39, amending the Zoning Regulations, Chapter XII, Article 19, to add a new conditional use for Value-Added Agricultural Business and to reformat the existing Article by creating sections 19-2 Time Limitations and 19-3 Amending or Revocating a Conditional Use Permit. The BOCC approved text amendmentsTA-05-06-08 and TA-05-07-08 at the September 3, 2008. Linda Finger, Planning Resource Coordinator, presented the item.
Jones moved to approve Resolution 08-39, amending the Douglas County Zoning Regulations, Chapter XII, Article 19 Supplemental Use Regulations - Conditional Uses - Temporary Uses to: Add a new use of Value Added Agriculture; identify the applicability of State and Federal Regulations; and to reformat existing text to create separate subsections for time limitations and the amendment or revocation process for a Condition Use Permit. Motion was seconded by McElhaney and carried unanimously.
ZONING & RESOLUTIONS 09-15-08
The Board considered the approval of Resolution 08-40, amending the Zoning Regulations, Chapter XII, Article 20, to permit the creation of a non-conforming building or structure when additional road right-of-way or easement is dedicated or acquired for a public road purpose. The BOCC approved text amendment TA-05-04-08 at the September 3, 2008 meeting. Linda Finger, Planning Resource Coordinator, presented the item.
Jones moved approval of Resolution 08-40, amending the Douglas County Zoning Regulations, Chapter XII, Article 20 non-conforming uses to allow the lawful use of a building or structure made non-conforming though adoption of amendments to article 18 Height, Area and Bulk requirements or through dedication of additional easement for road right-of-way when required in the Subdivision Regulations. Motion was seconded by McElhaney and carried unanimously.
CLERK & TREASURER UPDATE 09-15-08
Jamie Shew, Douglas County Clerk, provided the Board with a progress report on the Government Finance Officer's Association (GFOA) findings regarding a more efficient process of managing the financial data of the County. Also present for the discussion were the following Project Team members: Paula Gilchrist, Douglas County Treasurer; Jim Lawson, Director of Information Technology Department; Marni Penrod, Deputy Clerk and Project Manager; Debbie Sparkes, Budgeting Director; Jackie Waggoner, Purchasing Director; and Pam Madl, Assistant County Administrator. Douglas County, in conjunction with GFOA, recently completed a Needs Assessment (Phase I) of our financial systems. That assessment found issues concerning the ability to efficiently utilize our current application into the future. It was therefore determined that a replacement system is the best option. Phase II will include a Request for Proposal (RFP) for a new solution. Phase III will focus on the vendor selection process.
The Project Team is asking that the Board extend our contract with GFOA to include RFP evaluation and negotiating a contract with our selected vendor. GFOA has extensive experience working with local governments and assisting over 250 clients with the selection and procurement of financial systems. The cost to extend GFOA's contract is $41,775.
Madl stated using GFOA as a consultant will insure we get the system we need.
Jones asked what would be the cost of a new system. Madl responded the amount could be between $800,000 to 1 million if the entire system was purchased. However, the County would purchase two or three modules at a time because we can only implement two or three at a time.
It was the consensus of the Board that the economics is an issue, however, the Board is supportive of moving forward in the process.
Jones moved to authorize the County to extend GFOA's contract for services in Phase III and Phase IV in the amount of $41,775. Motion was seconded by Johnson and carried unanimously.
ACCOUNTS PAYABLE 09-15-08
Jones moved to approve accounts payable in the amount of $247,585.37 to be paid on 09/15/08. Motion was seconded by McElhaney and carried unanimously.
APPOINTMENTS 09-15-08
Johnson moved to approve the following appointments to the Lawrence & Douglas County - Advocacy Council on Aging (LDC-ACA) for a three-year term to expire 12/31/11: Forrest Swall, Maria Vincent, Holly Hulburt, and Isla Richards, all of Lawrence, Kansas. Motion was seconded by Jones and carried unanimously.
Johnson moved to adjourn the meeting; Jones seconded and the motion carried.
____________________________ ____________________________
Bob Johnson, Chairman Jere McElhaney, Vice Chair
ATTEST:
_____________________________ ____________________________
Jamie Shew, County Clerk Charles Jones, Member
Time and Date