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Commission Board Meeting on Wed, September 17, 2003 - 6:35 PM

Meeting Information: 

Agenda

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

Johnson called meeting to order at 6:36 P.M. on Wednesday, September 17, 2003, with all members present. The Pledge of Allegiance was recited.


CONSENT AGENDA 09-17-03
Jones made a motion to approve the following Consent Agenda:



  • Approve Commission Order No. 5160.  Order is on file in the office of the County Clerk.

McElhaney seconded and the motion carried unanimously.


PUBLIC WORKS & CONTRACTS 09-17-03
The Board considered approval of to award contract/commitment of County funds committing the County to submit local matching funds in the amount of $398,182.49 to the Kansas Department of Transportation (KDOT) for Project No. 23 C-3688-01, improvements to Route 1029 between the Kansas Turnpike and the City of Lecompton. Keith Browning, Director of Public Works/County Engineer, explained that KDOT opened bids for the Route 1029 safety improvements project on August 20, 2003. Hamm, Inc. was the low bidder with a bid of $1,799,687.72, which is well below the Public Works Department's construction estimate of $2,116.914. McElhaney made a motion to approve the Authority to Award Contract/Commitment of County Funds for Project No. 23 C-3688-01, improvements to Route 1029 between the Kansas Turnpike and the City of Lecompton. Motion was seconded by Jones and carried unanimously.


PUBLIC WORKS & RESOLUTIONS 09-17-03
Browning presented a resolution establishing temporary weight limits for commercial vehicles on portions of E 500 Road and N 1850 Road in Lecompton Township in conjunction with the closure of Route 1029 for Project No. 23 C- 3688-01. Browning explained that improvements to Route 1029 from the Kansas Turnpike to the City of Lecompton will begin soon which will require that Route 1029 be closed to through traffic. While this portion of Route 1029 is closed, a signed detour will be in place which will follow US 40 Highway to Big Springs, then will follow Route 1023 north and east to Lecompton. While a signed detour following paved roads will be in place, it is felt that all practical measures should be taken to prohibit commercial traffic from using E 500 Road between US 40 Highway and Route 1023 and N 1850 Road between E 500 Road and Route 1029. These are gravel roads maintained by Lecompton Township. The township and some local residents are concerned over the safety of both roads with a higher than normal amount of traffic. The Public Works Department has visited both roads with Lecompton Township officials to assess needed measures for the roads assuming traffic counts increase. They have worked with the township to replace two narrow culverts and ensure appropriate warning signs are in place. It is also felt that prohibiting large commercial vehicles for both roads is appropriate. McElhaney made a motion to approve Resolution No. 03-23 establishing a temporary 5 ton weight limit for commercial vehicles on portions of E 500 Road and N 1850 Road in Lecompton Township for the duration of construction on Douglas County Route 1029 (Project No. 23 C-3688-01). Motion was seconded by Jones and carried unanimously.


PUBLIC WORKS & RESOLUTIONS 09-17-03
Browning then presented a resolution establishing temporary speed limits on portions of E 500 Road and N 1850 Road in Lecompton Township for the duration of construction on Route 1029. McElhaney made a motion to approve Resolution No. 03-24 establishing temporary speed limits on portions of E 500 Road and N 1850 Road in Lecompton Township in conjunction with the closure of Route 1029 for Project No. 23 C-3688-01. Motion was seconded by Jones and carried unanimously.


PLANNING 09-17-03
The Board considered Item No. 12 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated August 27, 2003. This item is CUP-07-04-03: A Conditional Use Permit request for a chlorine/control building for Franklin County Rural Water District No. 5. The property is generally located in Douglas County one-half mile west of U.S. Highway 59 and two miles south of U.S. Highway 56. Submitted by Bartlett & West Engineers, Inc., for Franklin County Rural Water District No. 5, property owner of record. Sandra Day, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented this item. This item comes to the Board with a unanimous recommendation for approval based upon the following Findings of Fact:


Zoning and uses of property nearby. Surrounding zoning includes A (Agricultural) on all sides. Surrounding land uses are primarily agricultural.


Character of the area. The subject property is located in the far south central portion of Douglas County. It is an agricultural area. Scattered rural residential homes are located along the county roads. The topography includes gently rolling hills and thick stands of vegetation along the various creeks and drainage ways.


Suitability of subject property for the uses to which it has been restricted.
A Conditional Use Permit (CUP) does not change the base, underlying zoning. The suitability of the property for agricultural or rural residential use will not be altered. The subject property is not located within an Urban Growth Area. The subject property is zoned for agricultural uses. The subject site is suitable for the proposed uses of agricultural. The structure may require a floodplain development permit from the County depending on the proximity of the structure to the floodplain. Any floodplain development permits must be completed prior to issuance of County building permits.


Length of time subject property has remained vacant as zoned. The property has been zoned A (Agricultural) District sine 1966. The property is predominantly agricultural, but includes various improvements related to the Rural Water District operation.


Extent to which removal of restrictions will detrimentally affect nearby property. Approval of a Conditional Use Permit request does not alter the base- zoning district. The current request is for a Conditional Use Permit to allow improvements for a rural water district provider.


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. The relative gain to the public health, safety, and welfare is the improvement of a public supply of water for the district customers.


Conformance with The Comprehensive Plan. The Conditional Use Permit for the facility is consistent with the applicable goals and policies in Horizon 2020.


Ross Jones expressed concerns about chemical storage. Mike Streebin, representative of Franklin County Rural Water District #5, stated that sodium phosphate and bleach would be stored in the facility. Since Mr. Jones had some other concerns/questions, it was the consensus of the Board to table action until Monday, September 22, giving Mr. Jones the opportunity to meet with Mr. Streebin to address his concerns/questions.


PLANNING 09-17-03
The Board considered Item No. 3 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated August 27, 2003. This item is CPA-2003-3: An amendment to Horizon 2020 to expand the Urban Growth Area (UGA) as shown on the Transportation 2025 Land Use Map with the addition of the southern boundary extending to N 900 Road and with an expansion northeast of Lawrence to N 2000 Road, east to E 1700 Road and south across the railroad tracks. Bryan Dyer, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented this item.


The following is a summary of the Board's discussion:



  • Requested more information and discussion about the underlying assumptions and methodology used to generate the population growth projections that were used as a basis for determining the growth needs for the City of Lawrence. How confident is staff that the projections are conservative (meaning that they slightly over-project our needs rather than under-project the needs)1/2 What are the consequences of an under-projection or over-projection1/2

  • Should the boundaries of the UGA ideally be on a road or avoid being on a road1/2 The Board needs to discuss this further and may want additional input from staff on this issue.

  • Questions were raised about the total amount of additional acreage included in the proposed UGA, how much of that acreage is in the floodplain and how much is developable1/2

  • McElhaney requested a year by year history on the number of acres that have been annexed by the City of Lawrence. Dyer noted that he had information by decade and expressed the opinion that decade by decade comparisons were really more useful to use as trend data. McElhaney indicated he would prefer the data on an annual basis if possible.

  • More information regarding infill capacity already within the city.

  • There was a strong consensus that the language stating the number of arterial and collectors needs to bridge the Wakarusa River should use the word "should" instead of "shall."

  • Request the presence of Marion Johnson, County Appraiser, at the next UGA discussion to answer questions about the potential impact of being added to the UGA with respect to property values and taxes.

  • The Board would like to discuss the possibility of expanding the north east boundary of the UGA to the Leavenworth County line with the Lawrence City Commission. There was also discussion whether this general location should be identified as a good location for industrial uses.

  • The Board would like to discuss the possibility of a conditional sunset clause on the expanded UGA tied to expansion of the City sewage treatment capacity on the Wakarusa River. Concern was expressed that if the City does not follow through for any reason on a Wakarusa River sewer plant, then the southern boundary of the UGA would not be justified as it is currently proposed. Staff was directed to provide input as to how to implement such a sunset clause. Johnson proposed a sunset date of January 1, 2005.

  • Dyer will provide copies of the Transportation 2025 Plan to the Board which provides a broad-brush summary of what a land use plan might look like in the proposed UGA.

  • The Board requested staff to develop a fact sheet identifying the practical impacts of being in the UGA for owners of property included in the expansion.

  • Staff will restate an inconsistency identified by the Board between statements on pages 3-4 and 3-7 with regard to floodplain development.

  • The Board would like to discuss things that the City could do to provide incentives or advantages to property owners to be located in the UGA to offset what many of the affected property owners perceive as disadvantages. The example given was the possibility of loosening water meter restrictions to the water districts for growth occurring in the UGA.

The Board then accepted comments fro the public. This item will be discussed at the joint meeting scheduled with the Lawrence City Commission on Thursday, October 16, 2003. No action was taken.


APPOINTMENTS 09-17-03
Johnson made a motion to reappoint Verdell Taylor, 3205 W. 26th Street, Lawrence, KS, to the Douglas County Community Corrections Youth Services Advisory Board for an additional 2-year term which shall expire August 2005. Motion was seconded by Jones and carried unanimously.


APPOINTMENTS 09-17-03
Johnson made a motion to appoint Joe Simunac, Baldwin City, KS, to the Jayhawk Area Agency on Aging Board of Directors for a 3-year term which shall expire September 30, 2006. Motion was seconded by Jones and carried unanimously.


ACCOUNTS PAYABLE 09-17-03
McElhaney moved approval of accounts payable in the amount of $316,027.73 to be paid 9/15/03. Motion was seconded by Jones and carried unanimously.


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


_____________________________ _____________________________
Bob Johnson, Chairman                        Jere McElhaney, Member


ATTEST:


_____________________________ _____________________________
Patty Jaimes, County Clerk                  Charles Jones, Member