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Commission Board Meeting on Mon, August 18, 2003 - 9:00 AM

Meeting Information: 


  • Convene

  • Pledge of Allegiance

CONSENT AGENDA
 (1) (a) Consider approval of  Commission Orders
(b) Consider approval of Resolution Authorizing the Continued Imposition of a Telephone User Tax for the Operation of an Enhanced 911 Emergency Telephone Service in Douglas County (Jim Denney)
(c) Consider approval of Agreement with KDOT for Inspection of Bridge Hinge Pins on Kansas River Bridge at Lecompton DGCO Bridge No. 21.30-06.15; NBI Bridge No. 000000000230240 (Keith Browning)


REGULAR AGENDA
 (2) Consider variance recommended by Health Board for Autumn Ridge Subdivision (Richard Ziesenis)


 (3) Planning Items:
  (a) CUP-06-03-03: Conditional Use Permit request for a replacement booster pump station - Douglas County RWD #2 Pump Station. The property is generally described as being located south of the intersection of Highway 59 and East 1300 Road. Submitted by Bartlett & West Engineers, Inc. for Douglas County Rural Water District Number 2, lessee from Mastercraft Corporation, property owner of record (Paul Patterson)


  (b) SP-07-50-03: A site plan request for a proposed 36' X 90' maintenance equipment storage addition to the existing Palmyra Township Maintenance Building located at 376 E 1700 Road. Submitted by A.J. Barrett, Palmyra Township Trustee (Paul Patterson)


 (4) Consider approval of Resolution to establish 20 mph school zone speed limit on Route 1061, near new Eudora High School (Keith Browning)


 (5) Consider recommendation of bids for exterior painting (Bill Bell)


 (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 9:00 A.M. on Monday, August 18, 2003, with all members present. The Pledge of Allegiance was recited.


CONSENT AGENDA 08-18-03
Jones moved approval of the following Consent Agenda:



  • Approve Commissioners Order No. 5157. Order is on file in the office of the County Clerk;

  • Approve Resolution No. 03-19 authorizing the continued imposition of a telephone user tax for the operation of an enhanced 911 emergency telephone service in Douglas County; and

  • Approve Agreement with the Kansas Department of Transportation for Inspection of Bridge Hinge Pins on Kansas River Bridge at Lecompton DGCO Bridge No. 21.30-06.15; NBI Bridge No. 000000000230240.

McElhaney seconded and the motion carried unanimously.


HEALTH - PUBLIC AND ZONING 08-18-03
The Board discussed requests for variances to the Health Board policy regarding water supplies for subdivisions from property owners Chad and Joy Slavens and Kevin and Denise Shelton. Richard Ziesenis, Director of Environmental Health, presented this item. Ziesenis explained that both lots are located within the Autumn Ridge Subdivision and the specific wording that was added to the final plat stated that "if water meters are not available, the County Commission may approve an alternate source for a safe water supply, subject to all existing county health regulations, upon application by the owner." Ziesenis stated that generally the Health Board variance requests do not come to the County Commission for approval, however, the Health Department was advised by Evan Ice, County Counselor, that because of the wording on the final plat, the variance requests needed to be submitted to the County Commission for approval. Ice has also advised that the property owners may act on their own behalf to apply for an alternate water source rather than relying on the developer of the Autumn Ridge Subdivision.


The first variance request is from Chad and Joy Slavens who have requested to use an existing private well located on an adjacent property outside the Autumn Ridge Subdivision. The Slavens are part owners of the adjacent property where the private well serving their home is now located. The Health Board granted the Slavens' request for a variance to use this existing well for a water source based on the following 3 conditions:



1. A legal easement is obtained attaching the well to their subdivision, Lot #5;
2. The property owners abide by all components of the Health Board's policy related to a well located within a platted subdivision; and
3. Final approval of the variance is obtained from the County Commission.


The second request is from Kevin and Denise Shelton who have requested to use a cistern for their water supply. The Health Board gave careful consideration to the requirement of a private well, however, after examination of the hydro- geological data, the Health Board concluded that it did not appear that a well was a viable option for this particular lot. The Health Board granted the Shelton's variance request to install a cistern on their property for a water source based upon the following 2 conditions:



1. The property owners abide by all components of the Health Board's policy related to a cistern located within a subdivision; and
2. Final approval of the variance is obtained from the County Commission.


Jones noted language stating that building permits will be issued only upon written proof of the availability of water meters. He then questioned why building permits were issued if there were no water meters. Keith Dabney, Director of Zoning and Codes, stated that he doesn't issue a permit until entrance culvert and septic system approval is received and the owners apparently submitted information to the Health Department indicating they had rural water. Ziesenis stated they had received a letter from Rural Water District #4 stating they had five (5) water meters available for this subdivision to be used. The developer, at some point in time over the last seven (7) years, used two (2) meters within the subdivision and used the other three (3) meters at other locations and not within the Autumn Ridge Subdivision.


Jones then stated that he would not support this. Johnson stated that he didn't like the idea of not following the recommendation of the Health Department but he also didn't support it.


The possibility of revoking the building permits was then discussed. Ziesenis advised the septic system permits had been revoked for these properties.


Kay Kent, Administrator/Health Officer, stated that she and Ziesenis met with Ice before presenting it to the Health Board and questioned the possibility of the County Commission discussing these issues in executive session.


Craig Weinaug, County Administrator, indicated he had spoken with Ice before the meeting who agreed that it would be an appropriate subject for an executive session if the Commission so desired.


Johnson then asked for public comment. Kevin Shelton, property owner, then made a brief presentation. Shelton stated they never indicated they had a water meter for their lot. He also stated they identified their water supply as Culligan Cul-Clear Water System.


Ziesenis noted that the inspector that issued this particular permit was confused on what the Cul-Clear System meant and should have investigated it further. He explained that this is essentially a system that pulls water out of a pond and is then treated for home use. However, pond water is not allowed as one of the options for subdivisions. The permit was issued in error.


The Board then directed Weinaug set up a conference call with Evan Ice for an executive session to be held after the remaining items on the agenda are addressed.


PLANNING 08-18-03
The Board considered Item No. 9 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated 7/23/03. This item is CUP-06- 03-03: Conditional Use Permit request for a replacement booster pump station. The property is generally located south of U.S. 59 and west of E 1300 Road. Submitted by Bartlett & West Engineers, Inc., for Willow Springs Township. Mastercraft Corp. is the property owner of record. Paul Patterson, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented this item. This item comes to the board with a unanimous recommendation of approval based on the following Findings of Fact:


Zoning and uses of property nearby. The subject property is located south of the intersections of Highway 59/North 900 Road/East 1300 Road. The site is agriculturally zoned and undeveloped. Surrounding property is agriculturally zoned and is undeveloped, agricultural property with scattered residences.


Character of the area. The site is a described tract of land approximately 0.13 acre in size. Rural Water District #2 is in the process of obtaining an easement for the proposed site. The area is largely agricultural and rural/open area in use.


Suitability of subject property for the uses to which it has been restricted.The subject site is suited for the uses to which it has been restricted.


Length of time subject property has remained vacant as zoned. The subject area has been zoned A (Agricultural) District since the adoption of the zoning regulations in the unincorporated portions of Douglas County in 1966.


Extent to which removal of restrictions will detrimentally affect nearby property. The restrictions on this site are not being removed. A conditional use is being permitted through this request. The addition of this use to the site is not anticipated to detrimentally affect nearby property.


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. Denial of the request is not anticipated to provide a detriment to the property owner but it would provide a gain to the public health, safety and welfare.


Conformance with the Comprehensive Plan. The Conditional Use Permit for the proposed facility is not in conflict with Horizon 2020.


AND subject to the following conditions:



1. Entrance permit from Willow Springs Township is required;
2. Utility permits from Willow Springs Township and Douglas County Public Works is required for waterline installation within E 1300 Road right-of-way;
3. Provision of a note on the face of the plan stating, "The Conditional Use Permit will be re-evaluated by the County Commission in September 2008. The CUP will expire in September, 2013. Continuation of the use beyond September 2013 will require rezoning or approval of a new CUP."
4. Change the note referencing the size of the evergreen trees from 2- inch to a size of 6'-8' in height, list the numbers of evergreen trees, and show the location of the evergreen trees; and
5. Provide a location map on the face of the plan showing the site location and arterial roads and sections for 1 square mile.


Jones questioned Condition #3 noting that the Board has taken the tactic that utilities ought to be permanent CUPs rather than limited to 10 years. Johnson agreed. Jones made a motion to approve CUP-06-03-03 based on the above Findings of Fact and subject to the above conditions removing Condition #3. Motion was seconded by McElhaney and carried unanimously.


PLANNING 08-18-03
The Board then considered SP-07-50-03: Palmyra Township Maintenance Building Addition, a site plan for the development of a 36' X 90' maintenance equipment storage addition to the existing Palmyra Township Maintenance Building located at 376 E 1700 Road. Submitted by A.J. Barrett, Palmyra Town ship Trustee. Paul Patterson, staff member of the Lawrence-Douglas County Metropolitan Planning Department, also presented this item. The property is located at 376 E 1700 Road and contains the Palmyra Maintenance Building and Township Fire Station. The applicant proposes to construct a 36' X 90' metal building addition to the South side of their existing maintenance building. The maintenance facility is allowed on this Agriculturally zoned property by a Conditional Use Permit that was approved by the Douglas County Commission on September 12, 1989. The proposed arrangement of buildings, off-street parking, access, lighting, and drainage is compatible with adjacent land uses. The vehicular ingress and egress to and from the site and circulation within the site provides for safe, efficient, and convenient movement of traffic not only within the site but on adjacent roadways. Staff recommends approval of the proposed site plan subject to the following conditions:



1. The applicant will need to obtain a floodplain development permit from the Douglas County Zoning & Codes Division, prior to any alteration, encroachment or substantial improvement to the existing property pe Douglas County Code Article 28.
2. Label the roadways.
3. Label the 100 year floodplain.


Jones raised some questions about the septic system. Patterson noted the system already exists and that the building is not proposing to use the septic system -- it's for storage of equipment and will have no impact on the system. McElhaney moved approval of SP-07-50-03 subject to the above conditions. Motion was seconded by Jones and carried unanimously.


PUBLIC WORKS & RESOLUTIONS 08-18-03
The Board discussed the City of Eudora's request to install a 20-mph school zone speed limit near the new Eudora High School. This crosswalk also serves elementary school age children who will be crossing Route 1061 from Meadow lark Subdivision to board buses at the new high school. Keith Browning, Director of Public Works/County Engineer, was present for the discussion. Browning explained that the City of Eudora intends to annex the entire Route right-of-way from K-10 south to N 1200 Road (W. 28th Street). Upon annexation, the City can establish and maintain traffic regulations. Since the annexation has not been done, only a portion of Route 1061 is in the city limits. Therefore, the Board of County Commissioners must approve traffic regulations to allow enforcement by the Sheriff's Office. Johnson moved approval of Resolution No. 03-20 establishing a twenty (20) miles per hour maximum speed limit for a school one located adjacent to Eudora High School on Douglas County Route 1061. Motion was seconded by McElhaney and carried unanimously.


COURTHOUSE & PURCHASING 08-18-03
The Board discussed bids received for exterior painting of the Courthouse. McElhaney made a motion to approve the low bid received from Hardister Painting & Decorating Service, Lawrence, KS in the amount of $22,445; motion was seconded by Jones and carried unanimously.


ACCOUNTS PAYABLE 08-18-03
Jones moved approval of accounts payable in the amount of $180,122.69 to be paid 8/11/03. Motion was seconded by McElhaney and carried unanimously.


MISCELLANEOUS 08-18-03
At 9:55 A.M. Johnson made a motion that the Board recess to go into executive session until 10:25 A.M. with Craig Weinaug, County Administrator; Evan Ice, County Counselor (via speaker phone); Kay Kent, Director of the Lawrence- Douglas County Health Department; Richard Ziesenis, Director of Environmental Health; and Keith Dabney, Director of Zoning and Codes, to discuss the variance requests. The Board returned to regular session at 10:20 A.M. 


Jones commented that this subdivision was approved with the requirement that it would have water meters before development. This is not the only subdivision that has been subject to that requirement and there would have to be something extremely compelling to vary from that requirement. Jones defined compelling to mean that the problem wasn't created by the landowner. In this instance the problem was created by not being consistent with the requirement that public meters be installed and there isn't anything compelling to suggest that the Board should provide a variance. Jones then made the motion that the Board deny the alternate water supply requested by Chad and Joy Slavens and Kevin and Denise Shelton and reaffirm that public water meters are pre-conditioned to development in this subdivision as it was originally set out on the plat. Johnson seconded and the motion carried unanimously.


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


______________________________ ________________________________
Bob Johnson, Chair                                Jere McElhaney, Member


ATTEST:


______________________________ ________________________________
Patty Jaimes, County Clerk                    Charles Jones, Member