Chairman McElhaney called the meeting to order at 9:00 A.M. on Monday, February 4, 2002. All members were present. The Pledge of Allegiance was recited.
Johnson made a motion to approve the minutes of September 10, September 12, and September 19, 2002. Jones seconded and the motion carried unanimously.
CONSENT AGENDA 02-04-02
Jones made a motion to approve the following Consent Agenda:
- Approve Commissioners Order Nos. 4986, 4987, and 4988. Orders are on file in the office of the County Clerk; and
- Approve fee reports for the month of December 2001.
Motion was seconded by Johnson and carried unanimously.
The Board discussed SP-01-03-02 - A site plan for a new church facility and shop building located on the southwest corner of N 1800 Road and E 800 Road (795 N 1800 Road). Submitted by Pastor Scott Hanks for Heritage Baptist Church, property owner of record. Brian Pedrotti, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented the item. The proposed development will include a two-story, 47,500 square-foot church, a 11,250 square-foot workshop building, all associated parking areas, and a lagoon system. Included in the proposal are two accessory living units for the pastor and a maintenance worker. The applicant proposes two vehicular access points for parishioners to E 800 Road, and a maintenance entrance with a locked gate to N 1800 Road. The existing easternmost drive to N 1800 will be removed per the direction of the County Public Works Department due to inadequate sight distance. Pastor Hanks was present and asked the Board to reconsider the elimination of the easternmost drive to N 1800. Pastor Hanks reported that he received an opinion from a police officer in Topeka, Kansas who performed a sight distance analysis. The analysis indicated there was twice as much sight distance as needed. It was the consensus of the Board that the drive be eliminated. Staff recommended approval of the site plan subject to the following conditions:
1. Provision of a note stating, "Site plan includes 1 on-site accessory living unit for pastor and 12 on-site accessory living unit for maintenance worker."
2. Provide information on accessory living units under General Notes, including number and square footage.
3. Provide property dimension on east property line.
4. Identify the number of proposed seats within the church (300).
5. Identify the proposed landscaping and materials within parking islands shown. Include the species types.
6. Show the location of the lagoon system on a revised site plan prior to issuance of a building permit.
7. Provision of a note stating, "No exterior storage of materials is approved with this site plan."
Johnson made a motion to approve the site plan subject to the above conditions. Motion was seconded by Jones and approved unanimously.
The Board discussed the initiation of the regulation of pig farming. The Board has received odor and trash related complaints from an Lloyd and Karen Haase, 1808 N 1100 Road, regarding a nearby hog farming operation. No action was taken.
SHERIFF & PURCHASING 02-04-02
On January 28, 2002, the Board authorized the sale of a 2000 Crown Victoria with 95,000 to Vaught Boys for $5,000. In the process of making arrangements, staff realized the Purchasing Policy reflects a statutory requirement to publish the sale of all items valued at $1,000. This leaves the following options for disposal of the vehicle:
- Advertise the vehicle for sale and accept the best offer;
- Send the vehicle to Nationwide Auction (with a minimum value)
Jones made a motion that the vehicle be sent to Nationwide Auction. Johnson seconded and the motion carried unanimously.
The Board discussed conducting a silent auction for disposal of computer equipment. As the County has been updating computer equipment, we have an inventory earmarked for disposal. Information Technology has maintained a detailed list of the equipment as well as its condition. In an effort to address some requests received this past year, it is recommended that we conduct a silent auction for this equipment. Other municipalities have had success with their silent auctions. The equipment would be sold "as is" with no warranties and the auction will be published. Jones authorized staff to conduct the silent auction. Johnson seconded and the motion carried unanimously.
PUBLIC WORKS & ZONING 02-04-02
The Board discussed a request for a variance to Home Rule Resolution No. HR-00-4-1 regarding the required length of improvements to N 600 Road west of E 2000 Road. Property owners Mike and Jan Dickenson were present for the discussion as well as Keith Browning, Director of Public Works/County Engineer, and Keith Dabney, Director of Zoning and Codes. The Dickensons are in the process of developing the engineered plans to improve the road to County standards. During the plan preparation process, the required length of roadway improvements has been in question. The proposed location for the entrance into the Dickensons' property is near their east property line approximately 165 feet west of the intersection. The proposed roadway improvements will dead-end at some point west of the Dickensons' entrance. End-of-Road markers will be installed to warn motorists of the end of the travelable road surface. The issue to be determined is whether or not the road must be improved beyond the entrance to the Dickensons' property, and if so, how far past the entrance. Home Rule Resolution No. HR-00-4-1 requires a tract of land must have "250 feet of frontage along a public road from which the dwelling or mobile home gains its primary access" in order to obtain a building permit. If the requirement in HR-00-4-1 is interpreted to mean improved public road, then the improvements will need to extend an additional 220 feet west of the entrance. The property currently fronts public road right-of-way along the length of its south line. Johnson made a motion that the property owners (Mike and Jan Dickenson) be required to improve N 600 Road to County standards from the existing curved intersection of N 600 Road with E 2000 Road to a point approximately fifty (50) feet west of the proposed entrance into the Dickensons' property, a total distance of approximately 225 linear feet. Provided that the road is improved to County standards to approximately fifty (50) feet west of the proposed entrance, a variance to the requirement of improving 250 linear feet of roadway abutting the property line is granted pursuant to Section 1.e of HR-00-4-1 for the following reasons:
1. The topography of the area is such that roadway improvements would dead end on a downgrade of 10% slope. The severe slope would make it very difficult for a vehicle proceeding to the dead end to stop, turn around, and reverse direction.
2. Given the fact the road would dead end on the severe slope discussed in (1) above, End-of-Road markers will be required just past the proposed entrance. Constructing the road past the End-of-Road markers would be an unreasonable waste of money and would constitute unnecessary hardships upon the property owner.
3. Maintaining a roadway that dead ends past the proposed entrance would be difficult and would be a drain on township resources.
4. The variance will enhance the public's general welfare by lessening the chance of littering, vandalism and/or other illegal activities occurring at the isolated dead end of the roadway.
5. The granting of this variance is not opposed to the general spirit and intent of this resolution since the property owner has greater than 250 linear feet of frontage along public road right-of-way thereby limiting the density of any future entrances that may be constructed if the road is further improved in the future.
McElhaney seconded and the motion carried unanimously.
Johnson made a motion to appoint Janet Campbell, 1707 Oak, Eudora, KS 66025, to the Douglas County Advocacy on Aging Board. Motion was seconded by Jones and carried unanimously.
ACCOUNTS PAYABLE 02-04-02
Jones made a motion to approve accounts payable in the amount of $483,174.77 to be paid 2/4/02. Motion was seconded by Johnson and carried unanimously.
Johnson made a motion to adjourn; seconded by Jones and carried unanimously.
Jere McElhaney, Chairman Bob Johnson, Member
Patty Jaimes, County Clerk Charles Jones, Member