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Commission Board Meeting on Mon, March 24, 2003 - 9:00 AM

Meeting Information: 
  • Convene
  • Pledge of Allegiance

PROCLAMATION

  • Proclaim the month of April as Fair Housing Month
  • Proclaim the week of November 11-15 as Hunger and Homelessness Week (Gary Miller)

CONSENT AGENDA
 (1) (a) Consider approval of  Commission Orders
(b) Consider approval of resolution concerning reimbursement of county employees for the use of their personal motor vehicles for county business (Pam Madl)
(c) Note receipt of County Engineer's Annual Report - 2002 (Keith Browning)
(d) Consider approval of Lone Star Skiing Dates for 2003 (Craig Weinaug)
(e) Consider approval of door entry system for the JLE Building (Pam Madl)

REGULAR AGENDA
 (2) Planning Item: CUP-10-10-02: Conditional Use Permit request for a Verizon tower location at the corner of E 1450 Road and N 1800 Road. Requested by Verizon Wireless for Emil W. Heck, Jr. & Bette Q. Heck, property owners of record. (Sandra Day)

 (3) Presentation about improvements made to Broken Arrow Park resulting from agreement with the City of Lawrence (Fred DeVictor)

 (4) Consider approval of contract with Motorola for Mobile Data Equipment (Sheriff Trapp)

 (5) Consider approval of resolution extending existing 40-mph speed limit on Route 442 at Stull (Keith Browning)

 (6) Consider approval of copier solution (Jackie Waggoner)

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

 (8) Adjourn

Related Document(s): 
Meeting Location: 
County Courthouse
Street Address: 
1100 Massachusetts St, Lawrence, KS 66044, USA
Meeting Minutes: 

Chairman Johnson called the meeting to order at 9:03 A.M. on Monday, March 24, 2003. All members were present. The Pledge of Allegiance was recited.

PROCLAMATION 03-24-03
Johnson read a proclamation proclaiming the month of April as "Fair Housing Month." Jones made a motion to adopt the proclamation as read; McElhaney seconded and the motion carried unanimously.

PROCLAMATION 03-24-03
Gary Miller, Bert Nash, presented a proclamation proclaiming the week of November 11-15 ad Hunger and Homelessness Awareness Week. The Board recommended various changes to the proclamation which will be presented at a later date.

CONSENT AGENDA 03-24-03
Jones moved approval of the following Consent Agenda:

  • Approve Commissioners Order Nos. 5126, 5127 and 5128. Orders are on file in the office of the County Clerk;
  • Approve Resolution No. 03-09 concerning the reimbursement of county employees for the use of their personal motor vehicles for county business changing the reimbursement to 36.5¢/mile;
  • Note receipt of the County Engineer's Annual Report for 2002;
  • Waive the Douglas County Purchasing Policy and authorize a contract not to exceed $23,00 for the installation of the door entry system for the Judicial and Law Enforcement Center from CI3 Integrators; and
  • Approve the Lone Star Lake Skiing dates as follows:

 

That skiing be allowed from May 26 thru July 19, 2003, from 10:00 A.M. until
9:00 P.M. on Tuesday, Wednesday, and Thursday of each week and also on the
following dates:
May 26 (Mon - Memorial Day)Jun 29 (Sun)
June 7 (Sat)June 1 (Sun)
June 15 (Sun)July 5 (Sat)
June 21 (Sat)July 13 (Sun)
 July 19 (Sat)

That skiing be allowed from 10:00 A.M. until 8:00 P.M. on Tuesday, Wednesday, and
Thursday of each week and also on the following dates:

July 27 (Sun)Aug 24 (Sun)
Aug 2 (Sat)Aug 30 (Sat)
Aug 10 (Sun)Sept 1 (Mon - Labor Day)
Aug 16 (Sat) 
That skiing be allowed from 10:00 A.M. until 6:00 P.M. on the following dates:
Sept 6 (Sat)Sept 20 (Sat)
Sept 14 (Sun) 

McElhaney seconded and the motion carried unanimously.

PLANNING 03-24-03
The Board considered Item No. 6 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated February 26, 2003. This item is CUP-10-10-02: Conditional Use Permit request for a Verizon tower location at the corner of E 1450 Road and N 1800 Road. Requested by Verizon Wireless for Emil W. Heck, Jr. and Bette Q Heck, property owners of record. Sandra Day, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented the item. This item comes before the Board with a unanimous recommendation for approval, based on the following Findings of Fact

Zoning and uses of property nearby. The surrounding properties to the north and west are zoned for agricultural purposes. The property is bounded on the east by the railroad right-of-way and the riverfront area to the south.

Character of the area. The subject property is located within an existing agricultural neighborhood. The area includes scattered rural residences and a bed and breakfast facility to the north. A public park is located to the south of the subject property.

Suitability of subject property for the uses to which it has been restricted.The suitability of the subject property for its current "A (agricultural District)" zoning will not be altered by the approval or denial of a CUP for the construction of a tower. The location of a tower facility in a non-residential area or agricultural district is preferred. Towers are a permitted use in this district subject to the approval of a CUP.

Extent to which removal of restrictions will detrimentally affect nearby property. No physical detrimental impacts are anticipated by the construction of a communication tower in part because the base zoning will not be altered. The proposed tower height is less than 120' and will not require lighting unless otherwise ordered by the FAA. Individual property owners may perceive a loss or negative impact on the view depending on the proximity to the tower location. The proposed tower is located in a preferred zoning district.

Length of time subject property has remained vacant as zoned. The subject property is currently used for agricultural crop activities and includes an existing rural residence located in the northwest portion of the property. It has been zoned for agricultural purposes since 1966.

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. No significant gains to the public health, safety and welfare would result from the approval of this proposed tower. Approval of this tower will result in the improvement of communication service for the private provider making this request. The proposed tower enclosure area is setback 100' from the nearest property line. The center of the tower structure is located approximately 150' from the nearest property line. The county code requires the minimum setback be equal to the height of the tower. The proposed tower includes locations for other equipment to be co-located on this structure.

Conformance with The Comprehensive Plan. Horizon 2020 d s not directly address the issue of special or conditional uses. The plan provides basic guidance regarding major infrastructure improvements and urges that such uses be carefully planned and provided. The provision of such services should be focused in existing service areas to address growth. Additionally, placement and visual appearance are a key consideration in creating compatibility.

AND subject to the following conditions:

1. Provision of a revised site plan to include the following:
a. A note which states: "Any tower that is not in use for a period of three continuous years, or more, shall be removed by the owner at the owner's expense. Failure to remove the tower pursuant to non- use may result in removal and assessment of cost to the property pursuant to K.S.A. 12-6a17."
b. A note which states: "The tower owner and/or operator shall submit a letter to the Planning Office by July 1st of each year listing the current users and types of antenna located on the approved tower.. (Letter should include reference to the CUP number and legal description.)
c. Minimal lighting at the base shall be reviewed and approved by staff. Any lighting of the enclosure area shall be directed downward and shielded to prevent glare and light trespass.
d. A sign shall be posted on the tower or the exterior fence around the base of the tower noting the name and telephone number of the tower owner and operator.
2. Provision of a copy of the approved Corps of Engineer's permit prior to the release of the site plan to the Zoning Administrator; and
3. Approval of the driveway entrance by the township board.

Johnson noted for the record that he is a stockholder in Verizon. It was deter mined this would not constitute a conflict of interest.

Jones questioned the 10 year approval with 5 year review process. Sandra stated that was not typically a condition placed on towers.

Jones made a motion to approve CUP-10-10-02 subject to the above conditions with the additional condition that the Conditional Use Permit is valid for a period of up to 10 years from the date of approval by the Board of County Commissioners with a review after 5 years. McElhaney seconded and the motion carried unanimously.

PARKS - BROKEN ARROW 03-24-03
Fed DeVictor, Director of Parks and Recreation, and Mark Hecker, Park Maintenance Superintendent of the City of Lawrence, conducted a presentation regarding improvements made to Broken Arrow Park resulting from an agreement between Douglas County and the City of Lawrence. No action was taken.

AGREEMENTS AND SHERIFF 03-24-03
Rick Trapp, Sheriff, presented a Communications System Agreement between Motorola, Inc. and Douglas County, Kansas. Trapp explained that approval and execution of this agreement would enable the Sheriff's Department to order the equipment necessary to implement the Mobile Data System. Upon execution of the agreement, the Federal Government is prepared to wire the Sheriff's Office the initial installment of grant funding. Douglas County's total match is $126,153 and the Federal Government's grant is $318,459. Jones made a motion to authorize the Sheriff to execute the contract between Motorola, Inc. and Douglas County, Kansas, and authorized the Sheriff to execute change orders up to $10,000. McElhaney stated he was not comfortable with the change order authority and requested that any use of the authority be reported. McElhaney then seconded the motion which carried unanimously.

PUBLIC WORKS & RESOLUTIONS 03-24-03
The Board considered approval of a resolution establishing a 40 miles per hour maximum speed limit on a portion of Douglas County Route No. 442 near Stull. Keith Browning, Director of Public Works/County Engineer, was present for the discussion. Browning explained that in anticipation of the completion of the Route 442 improvements, the entire section of Route 442 between Stull and US- 40 Highway has been studied to determine appropriate permanent traffic control signing. As part of that study, it has been determined that the existing 40 mph speed zone in the town of Stull should be extended 380 feet to the east. The study concluded that the transition area between the existing 40 mph and 55 mph speed zones coincides with the roadway location where eastbound stopping sight distance is less than adequate for 55 mph. Jones moved approval of Resolution No. 03-10 establishing a 40 miles per hour maximum speed limit on a portion of Douglas County Route 442 near Stull, and rescinding Douglas County Resolution No. 93-43. Motion was seconded by McElhaney and carried unanimously.

PURCHASING 03-24-03
The Board discussed copiers for Douglas County. Jackie Waggoner, Purchasing Agent, was present for the discussion. Waggoner explained that in 1998 the County purchased twenty-five (25) copiers. When the new Jail and Zoning opened in 1999, six (6) additional copiers were purchased. As a result of the recent renovation, an additional six (6) copiers were added on a month to month rental to address immediate needs. She further explained that the maintenance on the County's thirty-one (31) copiers has expired and continue on a month to month basis. Since we became centralized in 1990 the County has purchased and leased copiers. Both types of contracts have included a service agreement which furnishes all supplies except paper. Funds were allocated in 2003 to acquire new copiers for the six (6) copiers added during renovation, as well as copiers that have high volumes and are experiencing increased mechanical problems. Due to recent budget cuts for this expenditure, we have been exploring options to address both equipment needs and the budget shortfall. Logan Business has provided a competitive solution to provide equipment and Maintenance of eleven (11) copiers at a cost per copy (CPC) rate of .02 and .024 for a 12-month lease/rental. Savin Corporation and Century United are the two suppliers authorized for sales and service of Savin equipment (our existing copiers). Century United provided the lowest CPC rate (.0096) and is willing to continue servicing our existing copiers. Our estimated annual cost for twelve months would be $38,081 ($24,119 + $13,962). This cost is based on current and estimated volumes. The Law Library and Community Corrections will be utilizing the 12-month rental agreement. Funding for these two copiers would be from another source and are not reflected in the estimated annual cost. Prior to the 12-month rental agreement ending, we intend to solicit proposals for a longer term solution. Jones made a motion to authorize a 12-month rental of eleven (11) copiers (including maintenance) with Logan Business, and maintenance of existing equipment with Century United at a CPC rate of .0096. Motion was seconded by McElhaney and carried unanimously.

ACCOUNTS PAYABLE 03-24-03
Jones moved approval of accounts payable in the amounts of $1,022,764.91 to be paid 3/17/03 and $148,056.29 to be paid 3/24/03; accounts payable manual checks in the amount of $1,123.48; payroll in the amount of $557,617.59; and electronic funds transfers in the amounts of $40,269.71 for FICA and $32,636.25 for KPERS to be paid 3/21/03. McElhaney seconded and the motion carried unanimously.

McElhaney moved for adjournment; Jones seconded and the motion carried unanimously.

_______________ ____________________
Bob Johnson, Chair Jere McElhaney, Member

ATTEST:

_____________________ __________________
Patty Jaimes, County Clerk Charles Jones, Member