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Commission Board Meeting on Mon, July 28, 2003 - 9:00 AM

Meeting Information: 

  • Convene

  • Pledge of Allegiance


  • Proclaim the week of August 1 - 7, 2003 as International Clowns Week  (Rita Winter)

 (1) (a) Consider approval of  Commission Orders
(b) Consider approval of appointments to Emergency Management Board (Teri Guenther)

 (2) Consider site plan revision for Heritage Baptist Church (lighted flagpole)

 (3) Discussion of possible establishment of special district for the purpose of levying taxes to finance additional maintenance costs for two segments of roads in Eudora Township (Craig Weinaug & Keith Browning)

 (4) Consider proposed Lease Agreement with AT&T to add equipment to monopole located in the J&LE Building parking lot (Craig Weinaug)

 (5) Consider resolution initiating process to reverse minimum maintenance designation of a portion of N200 Road in Willow Springs (Keith Browning)

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

 (7) Adjourn

Meeting Location: 
County Courthouse
Street Address: 
1100 Massachusetts St, Lawrence, KS 66044, USA
Meeting Minutes: 

Johnson called meeting to order at 8:58 A.M. on Monday, July 28, 2003, with Johnson and McElhaney present. Jones was present via speaker phone. The Pledge of Allegiance was recited.

Johnson read a proclamation proclaiming the week of August 1-7, 2003 as "International Clown Week." Rita Winter, a/k/a Dizzy the Clown, conducted a brief presentation. McElhaney made a motion to adopt the proclamation as read, seconded by Jones and carried unanimously.

McElhaney moved approval of the following Consent Agenda:

  • Approve Commissioners Order Nos. 5149, 5150, 5151, 5152, 5153, 5154, and 5155. Orders are on file in the office of the County Clerk;

  • Note receipt fee reports for the month of June 2003; and

  • Appoint the following members to the Douglas County Emergency Management Board, and nominate them to the Kansas Commission on Emergency Response and Planning as the Local Emergency Planning Committee for Douglas County:

LEPC GroupsPersons Term

Elected Officials

Bob Newton, appointee of Douglas County Commission
Bill Winegar, appointee of Baldwin City Council
Bud Waugh, appointee of Lawrence City Commission
Mike Yanez, Eudora City Council
Jeff Goodrick, appointee of Lecompton City Council
One year,

Law Enforcement

Sheriff Rick Trapp, Douglas County Sheriff's Office
Chief Ron Olin, Lawrence Police Department
Chief Mike McKenna, Baldwin Police Department
Chief Greg Dahlem, Eudora Police Department
John Mullens, appointee of Director of KU Public Safety



Jane Blocher, Executive Director of Douglas County
Chapter of the American Red Cross

Three year,


Chief Jim McSwain, Lawrence/Douglas County Fire & Medical
Chris Lesser, Douglas County Fire Chief's Association

Three year,


Richard Ziesenis, appointee of Director, Douglas County
Health Department


EnvironmentMike Russell, KU Health & Environmental Safety, appointee of KU ProvostThree year,
Robert Trepinski, appointee of CEO Lawrence Memorial
TransportationShane Munsch, AstarisThree year,
Facility, IndustryJoe Souders, API FoilsThree year,
EducationRick Gammill, Lawrence Public Schools
Rod Moyer, Eudora Public Schools
Jim White, Baldwin City Public Schools
Three year,

Community Group

Dwayne Fuhlhage, East Hills Business Park Group
David Morrissey, Roger Hill Volunteer Center
Marcia Epstein, Headquarters
Three year,
Lisa Patterson, Communications Coordinator, City of LawrenceThree year,
Jim Denney, Emergency Communications CenterPermanent
Allen Rogers, Farmland IndustriesThree year,
Social Service
Frank Scheetz, SRSThree year,
UtilityRichard Flannery, KPL/Western ResourcesThree year,

Joe Souders, Chair
Dwayne Fuhlhage, Vice Chair
Executive Committee Members:
Robert Trepinski
Richard Flannery
Shane Munsch

Jones seconded and the motion carried unanimously.

PLANNING 07-28-03
The Board considered SP-06-42-03 - Heritage Baptist Church; 1781 E 800 Road. Sandra Day, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented this item. This site plan was submitted following complaints regarding onsight lighting that was not shown as part of the originally approved site plan (SP-01-03-02). The proposed site plan shows the location of a recently erected flagpole; monument lights and parking lot lights. The existing pole is 80' tall. The existing lighting is mounted 12' above grade on separate poles. The site plan does not detail the mounting height or the direction of illumination for any lighting on the site. Typically structures in the A (Agricultural) District are limited to 35' tall. Section 21-3.01 specifically exempts several elements from the height limitations including flag poles and monuments.

The County Commission approved the site plan on February 4, 2002 subject to several conditions relating to notes and corrections that were required to be shown on the face of the site plan. The previously approved site plan did not include the monument pole or parking lot lighting.

The following code citations are provided for reference related to this request:

Section 19A-4 Site Plan Contents:

A site plan shall:

12. Show the proposed location, indicate direction, and list amount of illumination of proposed lighting. Provide information on screening proposed for the lighting and steps taken to prevent glare.

Section 21-3 Modification of Height Regulations
Section 21-3.01. Except in an Airport Hazard District, the height regulations as prescribed in this Resolution shall not apply to:

7. Flag poles
10. Monuments

Insufficient information is provided to assess the lighting for the site. The parking lot lighting appears to have some gaps in coverage and may also have some extremes of high and low lighting levels across the site creating "hot spots" directly under the light standards and no lighting or minimal lighting across the site. The County Zoning Regulations do not provide a standard of assessment of existing lighting levels and light pollution. There is a general criterion that all lights should be shielded and directed downward. With regard to lighting of the flag, lights should be directed in a manner that does not result in exposed bulbs and detract drivers on adjacent right-of-way.

Section 19A-5 of the County regulations state that before making a report to the Board of County Commissioners, the planning staff shall first find that certain conditions have been met such as consistency with the zoning district, access, trash disposal, etc. It must also be found "The proposed arrangement of buildings, off-street parking, access, lighting, landscaping and drainage is compatible with adjacent land uses." There are no specific changes proposed to the site that affect the major elements of this site (building and parking lot improvements). As stated the lack of lighting detail does not allow for a complete assessment. Supplementary documentation regarding the lighting details is necessary to assess light pollution on adjoining properties. Lack of specific performance standards stated in the Zoning Regulations, staff recommends that the application position lighting so that no bulbs are directly exposed. A point by point photometric plan would help the applicant assess the adequacy of the existing parking lot lighting to assure that a uniform coverage is provided not leaving very bright or dark spots within the parking lot for safety. Additionally, the number of light standards surrounding the flag pole seems excessive. Sufficient lighting could be achieved with fewer lights given the wattage of the bulbs being used.

Staff recommendations. Staff recommends approval of the revised site plan subject to the following conditions:

1. Provision of a revised site plan to include the following:
a. Note that lights will be shielded
b. Provide height of poles for the parking lot and the flagpole lights and flagpole structure
2. Provide cut sheets for each type of light fixture.

Price Banks, attorney for the applicant, and Pastor Scott Hanks, Pastor of Heritage Baptist Church made brief presentations. The Board also received comments from various citizens and members of the congregation.

Jones noted concerns about sky pollution.

McElhaney made a motion to approve SP-06-42-03 subject to the above conditions. Johnson seconded and the motion carried with Jones opposing.

Keith Browning, Director of Public Works/County Engineer, presented a proposal to establish a special district for the purpose of levying taxes to finance additional maintenance costs for two segments of roads in Eudora Township. Browning noted that a group of property owners and patrons of Hesper Church have approached Eudora Township about chip sealing N 1100 Road from Route 1061 to the cemetery on the east side of the church, approximately 1.7 miles east of Route 1061. In addition, it is desired to chip seal E 2300 Road from N 1100 Road to N 1137 Road, and N 1137 Road within the Hesper Heights subdivision. The total length of roads to be chip sealed is approximately 2.4 miles.

The group desiring the improvements has organized to collect funds required to pay for the chip seal work. They intend to pay for all chip seal work up front with no benefit district or annual assessments. They have obtained a bid from at least one contractor, and have also received a "bid" from Wakarusa Township to do the work. The contract work would be priming the crushed rock base and double chip sealing the surface. Eudora Township has agreed to perform any ditch work required, and will apply and compact any additional crushed rock for base that is needed.

Eudora Township is currently not equipped to maintain chip sealed roads and does not want the maintenance responsibility of maintaining the chip sealed surfacing. The township is willing to allow the work if the group paying for the initial improvements pays for future maintenance needs. The group has indicated a willingness to pay for future maintenance.

Since benefit districts are designed to pay for a specific project that is then paid off over several years, it is felt that forming a benefit district is not appropriate to pay for ongoing maintenance costs. Evan Ice, County Counselor, and Joe Norton, Bond Counsel, have discussed the possibility of creating a special taxation district in order to assure future maintenance funds, although neither is familiar with anything similar having been done in the past. The district would need to be set up to collect enough funds annually to allow anticipated maintenance costs for the following year. It is envisioned that the funds collected through this tax district would be put in a separate fund specifically for maintenance work on these roads. The funds would go directly to Eudora Township, and the township board would control how the funds are spent. The amount of the tax levy would vary from year to year to account for the variability of anticipated maintenance costs. Although it has not been done before, the counselors feel that it is possible to create such a district through the County's home rule authority.

Creating the special taxation district will require time spent by both counselors so there will be legal fees to pay. Even Ice estimates that the legal fees would likely be between $5,000 and $10,000 and that approximately 1/2 to 3/4 of the counsel ors' time to establish the taxation district will be spent "creating the wheel" since it is the first such district. Some of these fees would involve additional legal research to confirm the viability of creating a separate taxing district by home rule. If other special taxation districts were to be established in the future, they would benefit from the legal legwork required for the first district.

Johnson stated that he thought this was a good idea to explore, however he is not in favor of spending tax dollars unless it works for the entire county. He also expressed concern about having more parties involved in road maintenance.

Jerry Katzfy, 2292 N 1100 Road spoke on behalf of the property owners. It was the consensus of the Board to authorize the legal research. No action was taken.

The Board discussed a proposed lease of space on the monopole tower which is located in the parking lot of the Judicial & Law Enforcement Center. Craig Weinaug, County Administrator, presented a proposed lease that has been negotiated between Douglas County and AT&T's representative, Trevor Wood. The one issue that remains to be resolved is the amount of lease payments. Weinaug noted that Southwestern Bell is currently paying the City $1200 per month to co-locate on a tower located on west 6th Street and Sprint pays the school district $1,475 per month for a new tower that is constructed at Free State High School. The recently completed lease agreement between the City of Lawrence and Verizon for space on the Stratford Park water tower is $1,700 per month. That lease also includes an annual rent escalation clause of 3%. AT&T's proposal is $1,300 per month for five (5) years with a 10% escalation clause at the end of the five (5) year term, renewable for four (4) years. Trevor Wood, representative for AT&T, was also present for the discussion. McElhaney made a motion to authorize the Lease Agreement between Douglas County, Kansas and AT&T Wireless, PCS, LLC, to add equipment to the monopole tower located in the parking lot of the Judicial & Law Enforcement Center for $1,500 per month for five (5) years, renewable for four (4) extension terms. In year one (1) of each extension term, the monthly rent will increase by ten percent (10%) over the rent paid during the previous term. Motion was seconded by Johnson and carried unanimously.

The Board noted receipt of a recommendation from the Willow Springs Township Board to rescind the "minimum maintenance" designation currently in effect for a portion of N 200 Road, between E 1100 Road and 1225 E. Per the standard process, the Willow Springs Township Board held a public hearing to accept comments regarding a required recommendation to be made to Douglas County on the matter. The next step in the process requires a recommendation from the Planning Commission. Johnson made a motion to approve Resolution No. 03-17 initiating the process to consider rescinding the "minimum maintenance" designation for a portion of N 200 Road and requesting a recommendation from the Planning Commission. Motion was seconded by McElhaney and carried unanimously.

Jones moved approval of accounts payable in the amounts of $2,124,775.30 to be paid 7/21/03 and $163,791.02 to be paid 7/28/03; accounts payable manual checks in the amount of $766.00; payroll in the amount of $632,991.42; electronic funds transfers in the amounts of $46,869.17 for FICA and $34,770.95 for KPERS to be paid 7/11/03; payroll in the amount of $564,908.51; and electronic funds transfers in the amounts of $41,651.12 for FICA and $31,501.82 for KPERS to be paid 7/25/03. Motion was seconded by McElhaney and carried unanimously.

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

______________________________ ________________________________
Bob Johnson, Chair                               Jere McElhaney, Member


______________________________ ________________________________
Patty Jaimes, County Clerk                    Charles Jones, Member