Meeting Information
WEDNESDAY, JUNE 4, 2014
4:00 p.m.
-Consider a proclamation for “Relay for Life Week” (Amanda Davis)
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders; and
(b) Consider approval of a Notice to Township Board for a Cereal Malt Beverage license for Clinton Marina Parking Lot Special Event (Clerk’s Office);
(c) Consider approval of amendment one to the agreement between KDHE Division of Health Care Finance, Douglas County, Lawrence-Douglas County Health Department for Outreach, Prevention and Early Intervention Services for a contract renewal to certify matching funds of $225,000(Sarah Plinsky);
(d) Consider establishing Temporary Weight Limit for Commercial Vehicles, N 1100 Road from
US-59 to Route 1055 in Wakarusa Township (Keith Browning)
REGULAR AGENDA
(2) Consider approval of ERP contract (Jamie Shew)
(3) CUP-14-00052: Consider a Conditional Use Permit for a 116’ tall meteorological tower with a 10’ antenna for monitoring and collecting atmospheric, soil and water data, located at the University of Kansas Field Station, 2060 E 1600 Rd. Submitted by National Ecological Observatory Network [NEON], for University of Kansas Endowment Association, property owner of record. (PC Item 4; approved 9-0 on 5/19/14) Sandra Day will present the item.
(4) (a) Consider approval of Accounts Payable (if necessary)
(b) Appointments
Douglas County Senior Services Board of Directors – (1) vacancy 04/2014
Fire District 2 (5) positions
Fire District 3 (5) positions
Jayhawk Area Agency on Aging Board of Directors – (2) vacancies
Jayhawk Area Agency on Aging Tri-County Advisory Council – (2) vacancies
(c) Public Comment
(5) Adjourn
June 4, 2014
Thellman called the regular meeting to order at 4:00 p.m. on Wednesday,
June 4, 2014, with all members present.
PROCLAMATION 06-04-14
Thellman moved to approve a proclamation declaring June 8-14, 2014 as “Relay for Life Week.” Motion was seconded by Gaughan and carried 3-0. The relay event will be held on June 13, 7 p.m. to 7 a.m. at Free State High School.
AGENDA 06-04-14
Thellman moved approval of the following Consent Agenda:
- Notice to Township Board for a Cereal Malt Beverage License for Clinton marina parking Lot Special June 21, 2014;
- Resolution 14-19 establishing temporary five (5) ton weight limit for commercial vehicles on portion of N 1100 Road in Wakarusa Township for the duration of closures of N 1300 Road, E 1400 Road, or E 1500 Road sue to construction of the South Lawrence Trafficway (KDOT Project No. 10-23 K-8392-04).
Motion was seconded by Gaughan and carried 3-0.
Pulled from the agenda:
AGREEMENT 06-04-14
Flory moved to approve Amendment One to the agreement between KDHE Division of Health Care Finance, Douglas County, and Lawrence-Douglas County Health Department for Outreach, Prevention and Early Intervention Services certifying match fund of $255,000. Motion was seconded by Gaughan and carried 3-0.
CONTRACTS 06-04-14
Thellman moved to approve the ERP Software License and Services Agreement with SunGard in the amount not-to-exceed $1,398,290 for a new financial system for Douglas County. Motion was seconded by Flory and carried 3-0.
PLANNING 06-04-14
The Board considered the approval of CUP-14-00052, a Conditional Use Permit for a 116’ tall meteorological tower with a 10’ antenna for monitoring and collecting atmospheric, soil and water data, located at the University of Kansas Field Station, 2060 E 1600 Rd. The application was submitted by National Ecological Observatory Network [NEON], for University of Kansas Endowment Association, property owner of record. The item was approved by the Planning Commission on 05/19/14 on a 9-0 vote. Sandra Day, Lawrence-Douglas County Metropolitan Planning Commission, presented the item.
On May 14, 2014, the Lawrence Airport Advisory Board met and considered this item as it relates to the Lawrence Municipal Airport. The Board vote to recommend approval of the request, subject to the following conditions:
1. The height in the Planning Commission Report match FAA study of 116’ for the tower and 10’ for the lightning rod for a total of 126’;
2. The tower is lighted, painted in conformance with FAA tower study and Kansas law; and
3. The old tower (500’ away) comes down concurrent with the erection of the Neon tower.
Staff recommends approval of the Conditional Use Permit for the meteorological tower based on the following findings of fact:
I. Zoning and uses of property. Nearby properties are zoned A (Agricultural) in Douglas County, Rural Agricultural and Residential in Leavenworth County, and Agricultural in Jefferson County. Surrounding land uses include KU Field Station to the north as well as agricultural uses to the east, west and south. Scattered residential uses are located along county roads. The proposed tower would be located in a recommended district.
II. Character of the area. This area is rural in nature, with agricultural lands, and residential homes along County roads. The KU Field Station is a significant land use in the northeast corner of Grant Township. Other significant land uses that define this area are the Lawrence Municipal Airport and the regulatory floodplain.
III. Suitability of subject property for the uses to which it has been restricted. The property is suitable for agricultural uses. A Conditional Use Permit (CUP) d s not change the underlying zoning; therefore, the suitability of the property for agricultural uses will not be altered. Additional review is required to assure the suitability of the proposed structure with the proximity of the airport.
IV. Length of time subject property has remained vacant as zoned. The property has been zoned A (Agricultural) since the adoption of the zoning in 1966.
V. Extend to which removal of restrictions will detrimentally affect nearby property. But for the proximity of the Lawrence Municipal Airport, there should be no detrimental effect on surrounding property.
VI. 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 a continental wide network of equipment and data collection.
VII. Conformance with the comprehensive plan. The comprehensive plan d s not provide any specific land use recommendations regarding towers. A Conditional Use Permit can be used to allow specific non-residential uses subject to approval of a site plan. This tool allows proportional development in harmony with the surrounding area. The proposed request is consistent with the Comprehensive Plan.
and subject to the following conditions:
1) Provision of a revised site plan drawing to show the dimension of the proposed improvements to the nearest property lines.
2) The provision of a revised site plan that adds the following notes to the face of the drawing:
a) “A sign shall be posted on the tower or the exterior fence around the base of the tower with the name and telephone number of the tower owner/operator.”
b) “Use of this tower shall be limited to meteorological equipment only and will not be allowed for use by telecommunication providers.”
c) “If the ownership/operation of the tower changes the property owner (KU) shall notify planning staff to update the appropriate records.
d) This tower may not be used private communication carriers unless a new CUP has been submitted for review and approval per section 12- 319-4.31 of the Zoning Regulations to include due notice to property owners, public hearing by the Planning Commission and approval by the County Commission.
Thellman opened the item for public comment.
Jonathan Becker, Secretary of the Airport Advisory Commission, stated the critical issues he had with the project have been worked out with KU. There is an existing tower on this property that is hard to see and causes life flight problems. KU will be removing this tower that is unlighted and not properly painted. The new tower will be property marked.
Thellman moved to approve CUP-14-00052, a Conditional Use Permit for a meteorological tower at 2060 E 1600 Road also known as the KU Field Station with the above listed conditions as recommended by staff and the Lawrence Airport Advisory Board. Motion was seconded by Gaughan and carried 3-0.
ACCOUNTS PAYABLE 06-04-14
Thellman moved to approve accounts payable in the amount of $249,961.85 to be paid on 06/05/14; and a wire transfer in the amount of $20,000.00 paid on 06/02/14. Motion was seconded by Gaughan and carried 3-0.
Thellman moved to adjourn the meeting; Flory seconded and the motion carried 3-0.
____________________________ ____________________________
Nancy Thellman, Chair Jim Flory, Vice-Chair
ATTEST:
___________________________ _____________________________
Jamie Shew, County Clerk Mike Gaughan, Member
Time and Date