WEDNESDAY, FEBRUARY 7, 2018
(1) (a) Consider approval of Commission Orders;
(b) Consider approval to Solicit Bids for Herbicides, Noxious Weed Cost Share Sales and Rights-of-Way Control (Keith Browning); and
(c) Consider approval of a contract with Ascenttra to conduct exercises in the amount of $45,000 for the full scale airport exercise, and $70,000 for the full scale transportation incident. (Jillian Rodrigue)
(2) Consider three-party agreement with Baldwin City and Palmyra Township, E 1750 Road improvements from Route 12 to NE corner of Baldwin City limits, DGCO Project No. 2019-12 (Keith Browning)
(3) TA-16-00510: Consider a Text Amendment to Chapter 12 of the County Code, Zoning Regulations for the Unincorporated Territory of Douglas County, Kansas to add ‘Landfills’ to the enumerated list of Conditional Uses, provide a definition, and establish standards for the use. Initiated by County Commission on 11/30/16. Mary Miller is the Planner.
(4) Consider approval of County resolution for code update to Solid Waste Management Chapter 10. (Tonya Voigt)
(5) (a) Consider approval of Accounts Payable (if necessary)
-Board of Zoning Appeals (1) positions 10/17
-Building Code of Appeals Board (2) positions 12/16
-Community Corrections Advisory Board (1) position
-Senior Services Board of Directors (3) positions
-JAAA Advisory Council (1) position
(c) Public Comment
February 7, 2018
Thellman called the regular meeting to order at 4:01 p.m. on Wednesday, February 7, 2018 with all members present.
CONSENT AGENDA 02-07-18
Thellman moved approval of the following Consent Agenda:
► Commission Order No. 18-009 (on file in the office the County Clerk);
► Approve solicitation of bids for supply of herbicides as required for the 2018 spray season; and
► Contract with Ascenttra to conduct exercises in the amount of $45,000 for the full scale airport exercise, and $70,000 for the full scale transportation incident for Emergency Management.
Motion was seconded by Derusseau and carried 3-0.
PUBLIC WORKS, TOWNSHIPS & AGREEMENTS 02-07-18
Keith Browning, Director of Public Works, presented a Cooperation Agreement Concerning Improvements to E 1750 Road (North 1st Street) from Route 12 (N 400 Road; State Lake Road) to the Northeast Corner of the Baldwin City limits. He explained that the agreement outlines responsibilities of Baldwin City, Palmyra Township and Douglas County for a project to improve E 1750 Road from Route 12 (N 400 Road) to the northeast corner of the current Baldwin City limits, a centerline distance of approximately 2,400 feet. A portion of this roadway segment is wholly outside the city limits, a portion is wholly within the city limits, and for a portion of the roadway segment the city limits line is approximately along the road centerline.
The agreement stipulates an allocation of total project costs as follows: Douglas County 35%; Baldwin City 55%; Palmyra Township 10%. Baldwin City will form a benefit district of city residents to recoup 20% of total project costs, leaving Baldwin City at large with an ultimate cost share responsibility of 35%. Total project costs include costs for rights-of-way and easements acquisition, utility relocations, construction and construction engineering. The agreement stipulates Douglas County is wholly responsible for engineering design for the project, which will be provided with in-house personnel.
The current total project cost estimate is $430,000 for which Douglas County would be responsible for $150,500. The 2017 CIP allocates $125,000 for
After discussion, Thellman made a motion to approve the Cooperation Agreement Concerning Improvements to E 1750 Road (North 1st Street) from Route 12 (N 400 Road; State Lake Road) to the Northeast Corner of the Baldwin City limits. Motion was seconded by Gaughan and carried unanimously.
PLANNING & RESOLUTIONS 02-07-18
Mary Miller, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented TA-16-00510, a Text Amendment to Chapter 12 of the County Code, Zoning Regulations for the Unincorporated Territory of Douglas County, Kansas to add ‘Landfills’ to the enumerated list of Conditional uses, provide a definition and establish standards for the use. This item comes to the Board with a unanimous vote of approval from the Planning Commission.
The Zoning Regulations provide a list of uses permitted in each zoning district and a list of uses expressly listed as a permitted use in any zoning district; it is also not currently listed in the uses which are permitted with a CUP. The current Zoning Regulations include the term ‘Sanitary Landfill’ in the list of uses permitted with a CUP, but that term is not defined in the Zoning Regulations. Generally, in instances where a specific use is not listed, the Zoning and Codes Director has the authority to classify the use into an existing land use category that most closely fits the use. In the past, some landfills have been considered similar to the ‘Sanitary Landfill’ use and permitted when approved with a CUP. In other instances, a land-filling activity was determined by the Zoning and Codes Director to not be similar to the ‘Sanitary Landfill’ use on account of the type of material involved or the size of the project. In these cases, a Conditional Use Permit was not required.
The proposed text amendment provides language to clarify the CUP requirement and establishes general standards for the use. The intent is to bring greater clarity to the permitting process for landfills and to harmonize our practice with state law and KDHE permitting procedures. The Zoning and Codes Director will continue to have the authority to determine if a specific land-filling use meets the definitions established in the Zoning Regulations with respect to particular issues.
Generally, a pre-existing lawful use of land is ‘grandfathered’ and may continue after a change in the zoning regulations as a non-conforming use. Landfilling activities that the Zoning and Codes Director determined were not similar to the ‘sanitary landfill’ use and therefore did not require a CUP may continue as a non-conforming use. This assumes that the use is not expanded or materially changed. If the use is abandoned for any period of time, or is expanded or materially changed, it may be necessary for the owner to go through a permitting process or discontinue the use. This text amendment does not automatically eliminate any pre-existing lawful uses.
After discussion, Thellman made a motion to approve Resolution No. 18-04, a Resolution of the Board of County Commissioners of Douglas County, Kansas adopting text amendments to the Zoning Regulations for the unincorporated Territory of Douglas County, Kansas. Motion was seconded by Gaughan and carried unanimously.
Tonya Voigt, Planning & Zoning Coordinator presented Text Amendment to Chapter 10 of the County solid waste code.
Chapter 10 deals with the operation of Solid Waste Facilities and Chapter 12 the Zoning Regulations focuses on the use of the land. The County Counselor pointed out that Chapter 10 should reference the requirements in the Zoning Regulations and that the Conditional Use Permit language should reference the requirements in Chapter 10 to provide coordination between the two Code sections. In addition, it was determined that the definitions of the various types of landfills would be provided in Chapter 10 and referenced in the Conditional Use Permit section of the Zoning Regulations.
After discussion, Thellman made a motion to approve the proposed text amendment changes to Chapter 10 of the County Solid Waste Code as recommended by staff. Motion was seconded by Derusseau and carried unanimously.
ACCOUNT PAYABLE 02-07-18
Thellman moved to approve payroll in the amounts of $187,353.22 paid on 02/01/18, and $326,410.86 to be paid on 02/08/18. 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