Meeting Information
4:00 p.m.
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders;
(b) Consider Temporary Construction Easements in favor of KDOT (Evan Ice)
(c) Consider Quit-Claim Deeds in favor of KDOT containing reversionary clauses that the real estate ceases to be used for its intended use (Evan Ice);
(d) Notice to Township for a Cereal Malt Beverage License for the Clinton Store (Clerk's Office); and
(e) Consider approval of agreement with KDOT for the treatment of noxious weeds on state rights-of-ways in 2013 (Keith Browning)
REGULAR AGENDA
(2) Preliminary Work session on CIP issues (Backup to follow Monday or Tuesday)
(3) (a) Consider approval of Accounts Payable (if necessary)
(b) Appointments
-Bicycle Advisory Committee 12/2012 (eligible for reappointment)
-Lawrence/Douglas County Advocacy Council on Aging 10/2012 (replacement)
-(5 positions) Codes Board of Appeals-12/31/12
(c) Public Comment
(d) Miscellaneous
RECESS
RECONVENE
6:35 P.M.
(4) Consider "Petition for Attachment of Lands to Rural Water District No. 2, Douglas County, Kansas" and receive statements of interested persons, including any testimony from city, township, county or regional planning commission having jurisdiction of the affected land.
(5) Consider approval of "Douglas County Kansas Heritage Conservation Plan" to be submitted to the Kansas State Historical Society for designation of Douglas County as a Certified Local Government, as deferred from the 11/28/12 Meeting. (Shelley Hickman Clark)
(6) Consider revised wording for Text Amendment, TA-8-11-11, to the Douglas County Zoning Regulations for the Unincorporated Territory of Douglas County to establish Agritourism as a use in the County A (Agriculture) District as deferred from the December 5, 2012 meeting. (Mary Miller)
(7) Consider revised wording for Text Amendment, TA-8-10-11, to the Douglas County Zoning Regulations for the Unincorporated Territory of Douglas County to establish a Special Event Permit and develop application process and standards, as deferred from the December 5, 2012 meeting. (Mary Miller)
(8) Adjourn
Gaughan called the regular meeting to order at 4:00 p.m. on Wednesday, December 12, 2012 with all Commissioners present.
CONSENT AGENDA 12-12-12
Gaughan moved approval of the following Consent Agenda item:
► Kansas Department of Transportation Temporary Easement for Project No. 10-23 K 8392-01, Job No. 2592;
► (3) Quit Claim Deeds in favor of KDOT containing reversionary clauses that the real estate ceases to be used for its intended use, No. 10-23 K 8392-01, Job No. 2592;
► Notice to Township for a Cereal Malt Beverage License for the Clinton Store, 598 N 1190 Road; and
► Kansas Department of Transportation Bureau of Construction and Maintenance, County Agreement to treat Noxious Weeds for the treatment of noxious weeds on state rights-of-ways in 2013.
Motion was seconded by Flory and carried 3-0.
CIP WORK SESSION 12-12-12
County staff initiated a preliminary work session on CIP issues with an updated CIP list of projects. The Board directed staff to consider possible reduction costs on road improvement projects in light of the projected decrease in County revenue for 2014. It was the consensus of the Board for staff to revise the list of prioritized projects and continue the discussion at the January 14, 2013 special meeting.
ACCOUNTS PAYABLE 12-12-12
Gaughan moved to approve accounts payable in the amount of $513,559.64 to be paid on 12/13/12. Motion was seconded by Thellman and carried 3-0.
RECESS 12-12-12
Gaughan moved to recess until 6:35 p.m. Motion was seconded by Thellman and carried 3-0.
RECONVENE 12-12-12
The Board reconvened at 6:35 p.m.
RURAL WATER DISTRICT NO. 2 12-12-12
The Board considered a "Petition for Attachment of Lands to Rural Water District No. 2 in Douglas County, Kansas" and received statements of interested persons, including any testimony from city, township, county or regional planning commission having jurisdiction of the affected land.
Quentin Kurtz, attorney for the water district, was present for questions.
Gaughan opened the item for public comment. No comment was received.
Flory moved that notice has properly been given, publication made as to the petition; find the statements of the petition to be true; that the majority of the Board of Directors of the district don't object to the petition; that the petition is in conformity with K.S.A. 82a-622 through 624 granted; that it is conducive to the health, convenience and welfare for the petition to be granted; that the land is located within the fringe area of the City of Lawrence and the Board has adequately considered the criteria in K.S.A. 19-270 that the land is in Douglas County; we approve the petition for addition to the Rural Water District No. 2. Legal description of property as follows:
THE SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP 13 SOUTH, RANG 19 EAST OF THE SIXTH P.M., DOUGLAS COUNTY, KANSAS, MORE PARPTICULALY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SOUTHEAST QUARTER, THENCE N90°00'00"E ASSUMED BEARING, ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER 2660.48 FEET TO THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER, THENCE S00°30'23"W ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER 2655.90 FEET TO THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER; THENCE N89°58'22"W ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER 2654.60 FEET TO THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE N00°24'49"E ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER 2654.60 FEET TO THE POINT OF BEGINNING, CONTAINING 162.04 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS OF RECORD AND PUBLIC ROAD RIGHTS-OF-WAY.
Motion was seconded by Thellman and carried 3-0.
HERITAGE CONSERVATION 12-12-12
The Board considered approval of a "Douglas County Kansas Heritage Conservation Plan" to be submitted to the Kansas State Historical Society for designation of Douglas County as a Certified Local Government, as deferred from the January 28, 2012 meeting. Shelley Hickman Clark, Heritage Council member, was present for questions.
Flory stated we are dealing with two documents: 1) creating a preservation plan and 2) to submit an application for certified local government.
Julia Mangutz, Heritage council member, stated her opinion is the larger district is more of a benefit to the public for tourism. Clark added notice g s to all members of the public affected. She would like to see the district to move forward if the owners do not protest.
Flory said he d sn't feel comfortable imposing restrictions on someone's property without their consent. This opens up legal issues.
Thellman asked if someone in the district fails to participate, if this imposes restrictions on what people can do with their property. Clark replied the property would be designated as part of the district. Our body would not make a recommendation on how their property would be changed or demolished. It's only the designation. No restrictions come with it, even under the state law.
Gaughan stated it seems inappropriate for the County to enforce state legislation related to environs if that d sn't apply to local registries. Flory said he agrees unless we agree to be a "Certified Local Government" which means we agree to enforce.
Gaughan opened the item for public comment. No comment was received.
It was the consensus of the Board for the council to revise the language per the Board's request and place on the December 19, 2012 consent agenda for further consideration.
PLANNING 12-12-12
The Board considered the revised wording for Text Amendment, TA-8-11-11, to the Douglas County Zoning Regulations for the Unincorporated Territory of Douglas County to establish Agritourism as a use in the County A (Agriculture) District as deferred from the December 5, 2012 meeting. Mary Miller, Lawrence-Douglas County Metropolitan Planning Staff, presented the item.
Miller stated the language for TA-8-11-11 was revised per discussion at the December 5, 2012 meeting.
The Board revisited their discussion from the December 5th meeting.
Flory clarified it was his intention that the Board provide additional scrutiny through a public meeting procedure for the first time an assembly type use of over 100 people was to occur as part of an agritourism use. The assembly type use must be listed on the applicant's State registered Agritourism permit and be permitted in the Zoning Regulations. Family functions or activities clearly associated with agricultural use of a property would not be regulated under the agritourism provisions, unless the owner registered such activities as part of an Agritourism application. Functions such as the Vinland Fair would not be impacted by the adoption of agritourism regulations as long as the Vinland Fair operators did not register it as an agritourism use with the State or County. Assembly uses of 100 or fewer people would be eligible to be approved as part of the county's agritourism registration process without further review, if the Director of Zoning & Codes and the Planning Director determined the use did not rise to the level of requiring special consideration by the Board of County Commissioners.
After additional discussion of the assembly number that would trigger additional review the Board discussed what additional information would be necessary to be provided.
Flory explained his concern that assembly uses over 100 should be reviewed for the impact on nearby property owners and the need to consider traffic generated by such a use in relationship to the nearest paved county road.
After additional discussion, the Board reached consensus on the need for review of assemblies over 100 people, whether the location of the assembly was in an open area or within a structure. It was also the consensus of the Board that the text amendment language be revised to reflect the discussion and clarification points made at the meeting. Staff was directed to place the revised text amendment on the consent agenda for the January 2, 2013 meeting.
Flory moved to adjourn. Motion was seconded by Thellman and carried 3-0
____________________________ ____________________________
Mike Gaughan, Chair Nancy Thellman, Vice-Chair
ATTEST:
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Jamie Shew, County Clerk Jim Flory, Member