Skip to content Skip to navigation

Commission Board Meeting on Wed, March 14, 2018 - 4:00 PM

Meeting Agenda: 


4:00 p.m.

(1) (a)  Consider approval of Commission Orders;
(b) Consider Approval of a Proposed Vacation of a Portion of Permanent Road Record No. 19 (N1500 Rd.) (Kevin Sontag);
(c) Consider approval of Supplemental Agreement No. 1, Supplement to Federal-Aid Bridge Inspection Master Agreement No. 169-14, Use of federal aid for Critical Feature Inspections (Keith Browning); and
(d) Consider approval of a Count resolution establishing a 45 mph speed limit on N 1100 Road from E 1400 Road to E 1500 Road (Keith Browning);
(e) Authorize corrected final year-end transfer list for 2017 (Cammy Owens);
(f) Consider approval of Hot Mix Asphalt (HMA) Supply Contracts for 2018 Maintenance Season (Keith Browning);
(g)  Consider approval of Crushed Rock Bids for Road Maintenance (Keith Browning); and
(h)  Consider approval of bids for Noxious Weed Herbicides (Keith Browning).

(2) Discuss Temporary Business Use Permit for temporary data collection for windfarms
(Tonya Voigt)

(3) (a) Consider approval of Accounts Payable (if necessary)  
 (b) Appointments  
-Board of Zoning Appeals (1) positions 10/17
-Building Code of Appeals Board (2) positions 12/16
-Community Corrections Advisory Board (1) position 
-JAAA Advisory Council (2) position
-JAAA Board of Directors (1) position
-Fire District No. 1 (1) position
 (c)  Public Comment
(d) Miscellaneous
(4) Adjourn

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

March 14, 2018

Thellman called the regular meeting to order at 4:00 p.m. on Wednesday, March 14, 2018 with all members present.

Thellman moved approval of the following Consent Agenda:
►  Commission Order Nos. 18-012 and 18-013 on file in the office of the    County Clerk);
►  Resolution 18-08 vacating a portion of permanent road Record No. 19 while reserving rights of way and easements for utilities in said portion (also known as Lake Estates Drive within the City of Lawrence and N 1500 Road outside of the City of Lawrence);
►  Supplemental Agreement No. 1 to Federal-Aid Statewide Bridge Inspection Master Agreement No. 169-14 for use of federal aid for Critical Feature Inspections; 
►  Resolution 18-09  establishing a 45 miles per hour maximum speed limit on a portion of N 1100 Road in Wakarusa Township (from E1400 to E 1500 Road);
►  Correction to 2017 Year End Transfer from the General Fund to the Worker Compensation Fund;
►  Supply contracts for 500 to 2,500 tons of Hot Mix Asphalt from Hamm, 500 to 2,500 tons from Bettis Asphalt & Construction and 500 to 2,500 Ton from Killough Construction for the 2018 road maintenance season;
►  Acceptance of the above bids from Hamm Quarries and Mid-States Materials from crushed rock aggregates used for road and bridge maintenance; and
►  Acceptance of the low bid from the following suppliers:



Unit Cost

Total Cost


Tordon 22K

384 gal.



Van Diest

2, 4-D Admine

900 gal.



Crop Production Services


720 gal.



Crop Production Services

PastureGard HL

576 gal.



Sims Fertilizer

Escort XP

448 oz.



Crop Production Services

Motion was seconded by Derusseau and carried 3-0.

ZONING & CODES 03-14-18
The Board considered a Temporary Business Use Permit for temporary data collection for windfarms.

Sandra Day, Lawrence-Douglas County Metropolitan Planning Staff, stated when we originally built the text amendment for wind energy land use provisions we didn’t address a temporary placement of SoDaR equipment. County staff has received an application for the placement of temporary SoDaR equipment mounted on a trailer.

After speaking with the Director of Planning and the County Counselor, it was determined the Temporary Business Use permit was a logical tool to look at the type of equipment that gets set on a site and be able to give notice to the public of the type of activity it will be used for on the property. The question before the Board tonight is whether they agree that this is the right approach.   The TBU requires a public hearing before the County Commission and notice to neighboring landowners. The County Commission can impose conditions on a TBU, such as; noise mitigation, radiation limitations, duration of use, etc.

Thellman asked for confirmation that property owners would be notified before any equipment was placed on the land in question. Tonya Voigt, Planning & Zoning Coordinator, stated that is correct. All property owners within 1,000 feet of the property line would be notified of the unit with a photo of the SoDaR equipment with a map of the exact location. In this case, NextEra Energy, equipment owner, was willing to move the equipment farther back on the property if necessary.

It was determined that if the Board concurs with this approach, staff will proceed with processing NextEra’s application. We recommend considering for future possible applications initiating a text amendment change to clarify process for SoDar/Met Towers and other temporary devices used for preliminary data collection.

It was the consensus of the Board that a Temporary Business Use permit is the proper administrative process to move forward.

It was the consensus of the Board for staff to draft a text amendment for future process.

Steve Miles, County Appraiser, wanted to give notice to the Board that during informational meetings called by Senator Caryn Tyson, a number of properties in Johnson County had been under appeal at the Board of Tax Appeals and recently received favorable decisions for taxpayer reductions for large box national chain stores such as Walmart, Target and Walgreens for vacancies. The argument was the store was built specific, if someone else occupied the space it would be of less value. This could lead to a 36-40% reduction in commercial appraised property. It could also impact cities and school districts because of the impact to total appraised values.

Staff has prepared a letter from Commissioner Thellman to Senator Tyson to express the County’s concerns about this change in appraisal methodology.
Thellman moved to approve payroll in the amount of $324,171.81 to be paid on 03/15/18; and payroll in the amounts of $989,594.38 to be paid on 03/16/18, $1,004,680.69 paid on 03/02/18, $230.78 paid on 02/05/18 and $1,001,497.63 paid 02/16/18. Motion was seconded by Gaughan and carried 3-0.
Thellman moved to adjourn the meeting. Motion was seconded by Gaughan and carried 2-0.

____________________________  ____________________________
 Nancy Thellman, Chair                     Michelle Derusseau, Vice-Chair
 ____________________________  _____________________________  
Jamie Shew, County Clerk                 Mike Gaughan, Member