County Commission Minutes

<P>Chairman Johnson called the meeting to order at 9:06 a.m. on Monday, January 7, 2002. All members were present. The Pledge of Allegiance was recited.&#160;<o:p></o:p></P> <P><B>PROCLAMATION 01-07-02<o:p></o:p></B></P> <P>Johnson read a proclamation proclaiming the week of January 14-21, 2002 as "Dr. Martin Luther King, Jr. Week." Johnson made a motion to adopt the proclamation as read. Motion was seconded by Jones and carried unanimously.<o:p></o:p></P> <P><B>CONSENT AGENDA 01-07-02<o:p></o:p></B></P> <P>Jones made a motion to approve the following Consent Agenda:<o:p></o:p></P> <UL type=disc> <LI class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto; mso-list: l12 level1 lfo19; tab-stops: list .5in">Approve Commissioners Order Nos. 4969, 4970, 4971, 4972, and 4973. Orders are on file in the office of the County Clerk;<o:p></o:p></LI> <LI class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto; mso-list: l12 level1 lfo19; tab-stops: list .5in">Approve annexation of approximately 13 acres of right-of-way for N 1400 Road (Douglas County Route 442) and a portion of Noria Road right-of-way (E 1750 Road). This annexation was required as a condition of the Final Plat of East Hills Business Park East No. 2;<o:p></o:p></LI> <LI class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto; mso-list: l12 level1 lfo19; tab-stops: list .5in">Reject bids received for the purchase of one (1) ambulance; and<o:p></o:p></LI> <LI class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto; mso-list: l12 level1 lfo19; tab-stops: list .5in">Note receipt of fee reports for the month of November 2001.<o:p></o:p></LI></UL> <P>Motion was seconded by McElhaney and carried unanimously.<o:p></o:p></P> <P><B>MISCELLANEOUS 01-07-02<o:p></o:p></B></P> <P>The Board considered a request received from The Ecumenical Fellowship, Inc. for financial support in the amount of $1,250 for speaker honorariums and travel expenses for the Rev./Dr. Martin Luther King, Jr. celebration. Rev. William Dulin, President of The Ecumenical Fellowship made a brief presentation. McElhaney noted his concerns about utilizing public funds for this purpose and the fact that it should be considered as part of the budget process. Jones posed questions regarding last years’ celebration and The Ecumenical Fellowship, Inc.’s position on a few issues. Johnson made a motion to authorize payment of $1,250 for the Martin Luther King Jr. Celebration. Jones seconded and the motion carried 2-1 with McElhaney voting nay.<o:p></o:p></P> <P><B>WASTEWATER 01-07-02<o:p></o:p></B></P> <P>Steve Phillips, a representative from Black &amp; Veatch Corporation, conducted a presentation of the Water/Wastewater System Master Plan Studies. No action was taken.<o:p></o:p></P> <P><B>PUBLIC WORKS 01-07-02<o:p></o:p></B></P> <P>The Board discussed Project No. 23 C-3688-01, Route 1029 Improvements. Keith Browning, Director of Public Works/County Engineer, provided an update on the progress of this project noting three (3) primary issues that needed to be discussed before proceeding further with the detailed engineering design:<o:p></o:p></P> <P style="MARGIN-LEFT: 0.5in">1. The proposed Route 438/Route 1029 intersection configuration;<o:p></o:p></P> <P style="MARGIN-LEFT: 0.5in">2. The proposed Route 1029 vertical alignment or roadway centerline profile; and<o:p></o:p></P> <P style="MARGIN-LEFT: 0.5in">3. Updated cost estimates for the project.<o:p></o:p></P> <P>It was the consensus of the Board to discuss these issues again on January 23, 2002.<o:p></o:p></P> <P><B>SHERIFF &amp; CONTRACTS 01-07-02<o:p></o:p></B></P> <P>At their meeting on December 17, 2001, the Board authorized Rick Trapp, Sheriff, to negotiate with Heartland Medical Outreach and the Visiting Nurses Association (VNA) to provide physician and nurses services for the Douglas County Jail. Sheriff Trapp returns to the Board today with a recommendation to accept the proposal of Dr. Sale to provide physician care for two half-days per week at $4300 per month, or $51,600 per year; and to accept the VNA negotiated proposal for nursing services in the amount of $205,203 per year. Jones made a motion to approve the Sheriff’s recommendation, seconded by Johnson, and carried unanimously. It should be noted this is a one (1) year contract.<o:p></o:p></P> <P><B>MISCELLANEOUS 01-07-02<o:p></o:p></B></P> <P>The Board discussed legislative issues. No action was taken.<o:p></o:p></P> <P><B>ACCOUNTS PAYABLE 01-07-02<o:p></o:p></B></P> <P>Jones made a motion to authorize payment of accounts payable in the amount of $1,366,597.86 to be paid 12/28/01; manual checks in the amount of $331.20; payroll in the amount of $515,189.97; and electronic funds transfers in the amount of $37,267.66 for FICA and $31,228.50 for KPERS, to be paid 12/28/01. Motion was seconded by Johnson and carried unanimously.<o:p></o:p></P> <P>Jones made a motion for adjournment, seconded by McElhaney, and carried unanimously.</P> <P>_____________________________ _____________________________<BR>Jere McElhaney, Chairman Bob Johnson, Member </P> <P><BR>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk Charles Jones, Member<SPAN style="FONT-FAMILY: Arial"></P></SPAN>

<P>Chairman Johnson called the meeting to order at 9:03 a.m. on Monday, January 14, 2002. All members were present. The Pledge of Allegiance was recited.&#160;<o:p></o:p></P> <P><B>MISCELLANEOUS 01-14-02<o:p></o:p></B></P> <P>Chairman Johnson made a motion that Commissioner McElhaney be elected to serve as Chairman of the Board of Douglas County Commissioners effective today for the coming year. Motion was seconded by McElhaney and carried unanimously.<o:p></o:p></P> <P>McElhaney made a motion that Johnson be elected to serve as Vice-Chair of the Board of Douglas County Commissioners effective today for the coming year. Johnson seconded and the motion carried unanimously.<o:p></o:p></P> <P><B>CONSENT AGENDA 01-14-02<o:p></o:p></B></P> <P>Jones made a motion to approve the following Consent Agenda:<o:p></o:p></P> <UL type=disc> <LI class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto; mso-list: l15 level1 lfo18; tab-stops: list .5in">Approve Commissioners Order Nos. 4973 and 4974. Orders are on file in the office of the County Clerk.<o:p></o:p></LI></UL> <P><B>MISCELLANEOUS 01-14-02<o:p></o:p></B></P> <P>Ann Gardner, Journal-World, presented a Summary of Lawrence is Growing Project. No action was taken.<o:p></o:p></P> <P><B>MISCELLANEOUS 01-14-02<o:p></o:p></B></P> <P>Sue Neustifter, Register of Deeds, presented the year-end revenue results from her office. No action was taken.<o:p></o:p></P> <P><B>ACCOUNTS PAYABLE 01-14-02<o:p></o:p></B></P> <P>Jones made a motion to authorize payment of accounts payable in the amount of $535,851.33 to be paid 1/14/02; manual checks in the amount of $100.53; payroll in the amount of $573,143.98; and electronic funds transfers in the amount of $42,781.94 for FICA, and $35,742.65 for KPERS to be paid 1/11/02. Motion was seconded by Johnson and carried unanimously.<o:p></o:p></P> <P><B>MISCELLANEOUS 01-14-02<o:p></o:p></B></P> <P>Carl Burns, 661 Diagonal Road, reported commercial logging practices being conducted in the County. It was the consensus of the Board to direct Planning staff to investigate.<o:p></o:p></P> <P><B>PUBLIC WORKS 01-14-02<o:p></o:p></B></P> <P>McElhaney made a motion that the Board recess to view the portion of Colorado and California Streets in Miller Acres submitted for vacation. Johnson seconded and the motion carried unanimously.<o:p></o:p></P> <P>Jones made a motion for adjournment, seconded by Johnson and carried unanimously.<SPAN style="FONT-FAMILY: Arial"><o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-FAMILY: Arial"> <DIV></DIV>_____________________________<SPAN style="mso-tab-count: 1"> </SPAN>_____________________________<BR>Jere McElhaney, Chairman<SPAN style="mso-tab-count: 1"> </SPAN><SPAN style="mso-tab-count: 1"></SPAN>Bob Johnson, Member</SPAN> <SPAN style="FONT-FAMILY: Arial"><o:p></o:p></SPAN> <P></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial"><o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial">ATTEST:<o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial"><o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial">_____________________________<SPAN style="mso-tab-count: 1"> </SPAN>_____________________________<o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt 3in; TEXT-INDENT: -3in; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial">Patty Jaimes, County Clerk<SPAN style="mso-tab-count: 1"> </SPAN><SPAN style="mso-tab-count: 1"></SPAN>Charles Jones, Member</SPAN></P>

<P>Chairman McElhaney called the meeting to order at 6:37 p.m. on Wednesday, January 16, 2002. All members were present. The Pledge of Allegiance was recited.&#160;<o:p></o:p></P> <P><B>CONSENT AGENDA 01-16-02<o:p></o:p></B></P> <P>Jones made a motion to approve the following Consent Agenda:<o:p></o:p></P> <UL type=disc> <LI class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto; mso-list: l15 level1 lfo17; tab-stops: list .5in">Approve Commissioners Order Nos. 4975, 4976, 4977, 4978, and 4979. Orders are on file in the office of the County Clerk;<o:p></o:p></LI> <LI class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto; mso-list: l15 level1 lfo17; tab-stops: list .5in">Approve Annual Noxious Weed Management Plan; and<o:p></o:p></LI> <LI class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto; mso-list: l15 level1 lfo17; tab-stops: list .5in">Approve Annual Noxious Weed Eradication Progress Report for 2001.<o:p></o:p></LI></UL> <P>Motion was seconded by McElhaney and carried unanimously.<o:p></o:p></P> <P><B>MISCELLANEOUS 01-16-02<o:p></o:p></B></P> <P>The Board conducted a public hearing on revisions to the County Commission district boundaries. Dave Guntert, staff member of the Lawrence-Douglas County Metropolitan Planning Department, conducted a presentation of the proposed boundaries — Maps 1 and 2. Ed Tate, President of the East Lawrence Neighborhood Association, noted that the Association would prefer to remain in District 1. They feel that their needs and desires would be better represented by remaining in District 1. Bill Sepic, President of the Lawrence Chamber of Commerce, commended the Commission and staff on the work they have done and the timely manner in which it has been done. McElhaney closed the public hearing. Johnson made a motion to adopt Map 1. Motion was seconded by Jones and carried unanimously.<o:p></o:p></P> <P><B>PUBLIC WORKS 01-16-02<o:p></o:p></B></P> <P>The Board conducted a public hearing regarding the vacation of portions of Colorado and California Streets in Miller Acres. No comments were received and McElhaney closed the public hearing. Jones made a motion that staff be directed to proceed with the preparation of a resolution to vacate portions of Colorado and California Streets in Miller Acres. Motion was seconded by Johnson and carried unanimously.<o:p></o:p></P> <P><B>PLANNING 01-16-02<o:p></o:p></B></P> <P>The Board considered Item No. 10 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated December 19, 2001. This item is CUP-11-10-01: Conditional Use Permit request for a propane distribution tank. The site is proposed to be located on the east side of E 800 Road, north of the KTA (Kansas Turnpike) right-of-way. Submitted by Kyle McNorton of Capital City Oil for Donald and Margaret Fuston, property owners of record. Brian Pedrotti, staff member of the Lawrence-Douglas County Metropolitan Planning Department presented the item. In May of 2001, the applicant inquired about the possibility of locating a propane tank for a private utility in Douglas County on the subject property. On June 7, 2001, the Planning Office informed the applicant that the propane tank would need to be located in an industrial zoning district, and that a private utility could not be approved with a Conditional Use Permit according to the County Zoning Regulations. The applicant appealed the Planning Staff’s interpretation to the County Board of Zoning Appeals (BZA). On September 19, 2001, the County BZA reversed the Planning Staff’s interpretation and stated that any public or private utility serving the public could apply for a Conditional Use Permit. The applicant subsequently submitted a CUP for the proposed propane tank. This item now comes to the Board with a recommendation for approval with the following conditions:<o:p></o:p></P> <P style="MARGIN-LEFT: 0.5in">1. Approval of the proposed driveway by the Kanwaka Township Board prior to construction.<o:p></o:p></P> <P style="MARGIN-LEFT: 0.5in">2. Provision of a note on the face of the site plan stating, "The Conditional Use Permit will be re-evaluated by the County Commission in 2007. The CUP will expire in 2012, at which time the applicant must re-apply for a CUP."<o:p></o:p></P> <P style="MARGIN-LEFT: 0.5in">3. Revise site plan to show all improvements outside of the ultimate arterial right-of-way of 150'.<o:p></o:p></P> <P style="MARGIN-LEFT: 0.5in">4. Provide 6' high evergreen trees in an alternating double-row along the south (KTA), east, and west beyond the length of the tank.<o:p></o:p></P> <P style="MARGIN-LEFT: 0.5in">5. Provide location of the distribution connection.<o:p></o:p></P> <P style="MARGIN-LEFT: 0.5in">6. Provide a revised location map.<o:p></o:p></P> <P style="MARGIN-LEFT: 0.5in">7. Provide existing zoning and lane use of subject property.<o:p></o:p></P> <P style="MARGIN-LEFT: 0.5in">8. Provide existing land uses on adjacent property.<o:p></o:p></P> <P style="MARGIN-LEFT: 0.5in">9. Provide drainage arrows showing direction of water flow from the site.<o:p></o:p></P> <P style="MARGIN-LEFT: 0.5in">10. All lighting fixtures must be aimed downward so as to not cast illumination on adjacent properties.<o:p></o:p></P> <P style="MARGIN-LEFT: 0.5in">11. Relocation of the proposed gate to provide stacking for one distribution truck.<o:p></o:p></P> <P style="MARGIN-LEFT: 0.5in">12. Provide a note on the plan stating, "No sales allowed on the premises."<o:p></o:p></P> <P style="MARGIN-LEFT: 0.5in">13. Provide a note stating, "Vehicular traffic is limited to a maximum of 20 delivery truck trips per week outbound."<o:p></o:p></P> <P style="MARGIN-LEFT: 0.5in">14. Provide a note stating "All vehicular trips to this site will be made between the hours of 6 a.m. and 10 p.m."<o:p></o:p></P> <P style="MARGIN-LEFT: 0.5in">15. Provide a note stating, "The property owner must notify the Planning Office prior to the sale of the property within 10 days of the change of ownership." <o:p></o:p></P> <P>It was noted that a valid protest petition has been filed and certified by the Douglas County Clerk which will require a unanimous decision for approval. <o:p></o:p></P> <P>Vernon Jarb&#160;, attorney representing the applicant, was also present to address any concerns. Comments were then received from John Lewis, 1807 E. 800 Road, asking the Commission to deny the CUP.<o:p></o:p></P> <P>A motion was made by Johnson to approve the Conditional Use Permit subject to the above conditions. McElhaney seconded and motion carried unanimously.<o:p></o:p></P> <P><B>PLANNING 01-16-02<o:p></o:p></B></P> <P>The Board noted receipt of the revisions to the Metropolitan Planning Area Boundary approved by the Lawrence-Douglas County Metropolitan Planning Commission at their meeting on December 19, 2001. No action was taken.<o:p></o:p></P> <P><B>PLANNING 01-16-02<o:p></o:p></B></P> <P>The Board noted receipt of the Unified Planning Work Program for FY 2002 approved by the Lawrence-Douglas County Metropolitan Planning Commission at their meeting on December 19, 2001. No action was taken.<o:p></o:p></P> <P><B>PUBLIC WORKS &amp; ZONING 01-16-02<o:p></o:p></B></P> <P>The Board discussed a possible variance to Home Rule Resolution No. HR-00-4-1 regarding the required length of improvements to N 600 Road west of E 2000 Road. Property owners Mike and Jan Dickenson were present for the discussion as well as Keith Browning, Director of Public Works/County Engineer, and Keith Dabney, Director of Zoning &amp; Codes, and A. J. Barrett, Palmyra Township Trustee. The Board discussed the requirement to construct 250 linear feet of roadway to County standards within existing road right-of-way along the Dickensons’ south property line. The requirement is questioned since Mr. Browning will require end-of-road markers to be installed just west of the proposed entrance into the Dickensons’ property due to steep grades beyond this point. The Board directed staff to provide recommended language granting a variance to Home Rule Resolution No. HR-00-4-1 for consideration during the regular agenda portion of a future County Commission meeting.<o:p></o:p></P> <P><B>PUBLIC WORKS &amp; TOWNSHIPS 01-16-02<o:p></o:p></B></P> <P>The Board discussed Dust Palliative Program Policies for 2002. Johnson made a motion to continue the brokerage of a dust palliative program with an increased up front user fee of $1.00/linear foot ($0.50/l.f. for dust palliative material and an additional $0.50/l.f. user fee to cover road preparation costs), plus an increase in administrative fees from $35 to $45 per applicant, and authorize advertisement for bidders once the application process has been completed. Motion was seconded by Jones and carried unanimously.<o:p></o:p></P> <P><B>ACCOUNTS PAYABLE 01-16-02<o:p></o:p></B></P> <P>Jones made a motion to authorize payment of accounts payable manual checks in the amount of $45,000. Motion was seconded by Johnson and carried unanimously.<o:p></o:p></P> <P>Jones made a motion for adjournment, seconded by Johnson, and carried unanimously.<SPAN style="FONT-FAMILY: Arial"><o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-FAMILY: Arial"> <DIV></DIV>_____________________________<SPAN style="mso-tab-count: 1"> </SPAN>_____________________________<BR>Jere McElhaney, Chairman<SPAN style="mso-tab-count: 1"> </SPAN><SPAN style="mso-tab-count: 1"></SPAN>Bob Johnson, Member</SPAN> <SPAN style="FONT-FAMILY: Arial"><o:p></o:p></SPAN> <P></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial"><o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial">ATTEST:<o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial"><o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial">_____________________________<SPAN style="mso-tab-count: 1"> </SPAN>_____________________________<o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt 3in; TEXT-INDENT: -3in; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial">Patty Jaimes, County Clerk<SPAN style="mso-tab-count: 1"> </SPAN><SPAN style="mso-tab-count: 1"></SPAN>Charles Jones, Member</SPAN></P>

<P>Chairman McElhaney called the meeting to order at 6:36 p.m. on Wednesday, January 23, 2002. All members were present. The Pledge of Allegiance was recited.&#160;<o:p></o:p></P> <P><B>CONSENT AGENDA 01-23-02<o:p></o:p></B></P> <P>Johnson made a motion to approve the following Consent Agenda:<o:p></o:p></P> <UL type=disc> <LI class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto; mso-list: l2 level1 lfo16; tab-stops: list .5in">Approve Commissioners Order Nos. 4981 and 4982. Orders are on file in the office of the County Clerk;<o:p></o:p></LI> <LI class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto; mso-list: l2 level1 lfo16; tab-stops: list .5in">Approve three (3) Out-District College Tuition statements in the amount of $9,096; and<o:p></o:p></LI> <LI class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto; mso-list: l2 level1 lfo16; tab-stops: list .5in">Approve Application for an Authorized Emergency Vehicle Permit for Robert O. Rombach.<o:p></o:p></LI></UL> <P>Jones seconded and the motion carried unanimously.<o:p></o:p></P> <P><B>PUBLIC WORKS 01-23-02<o:p></o:p></B></P> <P>The Board discussed the Route 1029 3-R Project. Keith Browning, Director of Public Works/County Engineer, was present for the discussion. This item was previously discussed by the Board at their meeting held January 7, 2002. Browning reported that he has met with David Hamby, Project Manager from BG Consultants, and the property owners since the last meeting. Two alternates for the proposed intersection of Route 438/Route 1029 have been proposed. The first alternate is to realign the intersection with a curved alignment between the two routes. The second alternate is to keep the existing T-intersection, but relocate the intersection further north to provide increased sight distance to the south given the existing turnpike bridge over Route 1029. Browning recommended that the curved alignment be utilized. Nancy Howard, City of Lecompton Councilwoman, spoke in favor of the curve. The Board has also received a letter from the City of Lecompton endorsing the curved alignment. Robin Kofford, who owns land off of 1029, expressed safety and access concerns. Jones expressed concerns about the possibility of increased speeds as well as increased truck traffic. A motion was made by Johnson to utilize the curved alignment as opposed to the T-intersection. McElhaney seconded and the motion carried unanimously. Johnson stated for the record that it was the consensus of the Board that it would be bad planning to allow direct access onto Route 438/1029 from the south side of the curve if it is ever developed/used commercially. From a safety standpoint, it should be accessed from an access road.<o:p></o:p></P> <P><B>PARKS — WELLS 01-23-02<o:p></o:p></B></P> <P>The Board discussed a proposal for improvements to Wells Overlook. Ken Lassman was present for the discussion. Mr. Lassman’s grandfather, William Wells, donated the land for this park. Mr. Lassman proposed a prairie restoration project. He explained that by pursuing prairie restoration as a management strategy for Wells Overlook, the County becomes eligible to pursue a number of financial sources that would not otherwise be available to them, thus minimizing the cost to the county taxpayer. Kelly Kindscher from the Kansas Biological Survey, was also present for the discussion. Mr. Kindscher noted that this is a great opportunity for community involvement and they were looking for endorsement from the County. Jones made a motion to appoint the following individuals to the Wells Overlook Restoration Committee:<o:p></o:p></P> <P style="MARGIN-LEFT: 0.5in">Jere McElhaney, Chair<BR>Kelly Kindscher<BR>Ken Lassman<BR>Keith Browning or designee<BR>Representative from City of Lawrence Parks &amp; Rec<BR>Other members as appropriate<o:p></o:p></P> <P>Motion was seconded by Johnson and carried unanimously.<o:p></o:p></P> <P><B>ACCOUNTS PAYABLE 01-23-02<o:p></o:p></B></P> <P>Johnson made a motion to authorize accounts payable in the amount of $8,810.20 to be paid 1/18/02; and $51,886.33 to be paid 1/18/02. Jones seconded, carried unanimously.<o:p></o:p></P> <P><B>MISCELLANEOUS 01-23-02<o:p></o:p></B></P> <P>At 7:55 P.M., McElhaney made a motion to go into executive session until 8:40 P.M. with Evan Ice, County Counselor; Pam Madl, Director of Administrative Services; and Keith Dabney, Director of Zoning &amp; Codes, to discuss potential litigation. The Board returned to regular session at 8:38 P.M. No action was taken.<o:p></o:p></P> <P>Jones made a motion for adjournment; seconded by Johnson and carried unanimously.<SPAN style="FONT-FAMILY: Arial"><o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-FAMILY: Arial"> <DIV></DIV>_____________________________<SPAN style="mso-tab-count: 1"> </SPAN>_____________________________<BR>Jere McElhaney, Chairman<SPAN style="mso-tab-count: 1"> </SPAN><SPAN style="mso-tab-count: 1"></SPAN>Bob Johnson, Member</SPAN> <SPAN style="FONT-FAMILY: Arial"><o:p></o:p></SPAN> <P></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial"><o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial">ATTEST:<o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial"><o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial">_____________________________<SPAN style="mso-tab-count: 1"> </SPAN>_____________________________<o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt 3in; TEXT-INDENT: -3in; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial">Patty Jaimes, County Clerk<SPAN style="mso-tab-count: 1"> </SPAN><SPAN style="mso-tab-count: 1"></SPAN>Charles Jones, Member</SPAN></P>

<P>Chairman McElhaney called the meeting to order at 9:04 a.m. on Monday, January 28, 2002. All members were present. The Pledge of Allegiance was recited.&#160;<o:p></o:p></P> <P>McElhaney read a proclamation proclaiming the month of February as Abstinence Awareness Month. Johnson made a motion to adopt the proclamation as read, seconded by Jones and carried unanimously.<o:p></o:p></P> <P><B>CONSENT AGENDA 01-28-02<o:p></o:p></B></P> <P>Johnson made a motion to approve the following consent agenda:<o:p></o:p></P> <UL type=disc> <LI class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto; mso-list: l13 level1 lfo15; tab-stops: list .5in">Approve Commissioners Order Nos. 4983, 4984, and 4985. Orders are on file in the office of the County Clerk;<o:p></o:p></LI> <LI class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto; mso-list: l13 level1 lfo15; tab-stops: list .5in">Find and determine that the requested annexation of approximately 20.45 acres of right-of-way for Kansas Highway 10 will not hinder or prevent the proper growth and development of the area or that of any other incorporated city located within Douglas County, all as provided by K.S.A. 15-520c. This area is adjacent to the East Hills Business Park;<o:p></o:p></LI> <LI class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto; mso-list: l13 level1 lfo15; tab-stops: list .5in">Approve Resolution No. 02-01 reappointing the Special Deputy Coroner;<o:p></o:p></LI> <LI class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto; mso-list: l13 level1 lfo15; tab-stops: list .5in">Approve Resolution No. 02-02 vacating a portion of California and Colorado Streets in Miller Acres;<o:p></o:p></LI> <LI class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto; mso-list: l13 level1 lfo15; tab-stops: list .5in">Authorize the Appraiser’s Office to post for sale one (1) plotter on the Kansas Association of Mapper’s web site; and<o:p></o:p></LI> <LI class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto; mso-list: l13 level1 lfo15; tab-stops: list .5in">Authorize the sale <o:p></o:p></LI></UL> <P>Motion was seconded by Jones and carried unanimously.<o:p></o:p></P> <P><B>SEWER DISTRICTS &amp; RESOLUTIONS 01-28-02<o:p></o:p></B></P> <P>The Board considered approval of a resolution authorizing the issuance of a temporary note in the amount of $400,000 for a nine-month period to cover the construction expenses of the development of Baldwin Creek Sewer District #1. Jones made a motion to approve Resolution No. 02-03 authorizing the issuance of the temporary note. Motion was seconded by Johnson and carried unanimously.<o:p></o:p></P> <P><B>CONTRACTS, PURCHASING, DISTRICT COURT, &amp; DISTRICT ATTORNEY 01-28-02<o:p></o:p></B></P> <P>Jackie Waggoner, Purchasing Agent, appeared before the Board requesting approval to waive the bidding process for the purchase of an AS400 ServiceSuite software subscription for the case management system for the District Court and District Attorney Offices. In 1998 an AS400 was purchased for the operation of the case management system for these offices. This purchase included smooth start services, 3-year prepaid extended maintenance, and a 3-year prepaid software subscription. The contract was awarded to Data Systems International (DSI) in Overland Park, Kansas. The contract for the software subscription expired January 6, 2002. IBM allows for a thirty-day grace period to reactive the subscription, or we will be subject to a $10,000 penalty to reinstate it at a later date. The maintenance contract is still in force until April 30, 2002. In order to acquire the software subscription, we have to purchase a ServiceSuite package which includes 24.7 hardware maintenance, 9.5 support line, alert, and software subscription. DSI has provided a quote in the amount of $14,679.61. Jones made a motion to waive the bidding process for the purchase of an AS400 ServiceSuite package through Data Systems International in the amount of $14,679.61. Johnson seconded and the motion carried unanimously.<o:p></o:p></P> <P><B>PURCHASING 01-28-02<o:p></o:p></B></P> <P>Waggoner then asked for direction regarding the sale of a vehicle in the Sheriff’s Office. This vehicle, a 2000 Ford Crown Victoria, was listed as a trade-in on a bid but did not receive a trade-in offer because it had been wrecked. It has now been repaired and the Sheriff’s Office would like to dispose of it. Vaught Boys, a company that purchased the other trade-ins indirectly through Laird Noller Ford would like to purchase this vehicle and have made an offer in the amount of $5000. This offer compares with the offers received for the other trade-ins. A motion was made by Johnson to accept the $5000 offer received from Vaught Boys, seconded by Jones and carried unanimously.<o:p></o:p></P> <P><B>RESOLUTIONS 01-28-02<o:p></o:p></B></P> <P>The Board considered approval of the imposition of restrictions on certain outdoor burning practices in the unincorporated area of Douglas County. A motion was made by Jones to approve Resolution No. 02-04 imposing restrictions on certain outdoor burning practices in the Unincorporated area of Douglas County until January 30, 2002. Johnson seconded and the motion carried unanimously.<o:p></o:p></P> <P><B>ACCOUNTS PAYABLE 01-28-02<o:p></o:p></B></P> <P>Jones made a motion to approve accounts payable in the amount of $1,107,220.45 to be paid 1/28/02; accounts payable manual checks in the amount of $1062.90; payroll in the amount of $526,676.98; electronic funds transfers in the amounts of $39,227.20 for FICA, and $35,179.71 for KPERS; and ACH Bank Transfer in the amount of $1,039,067.51.<o:p></o:p></P> <P><B>APPOINTMENTS 01-28-02<o:p></o:p></B></P> <P>At their meeting on November 12, 2001, the Board adopted Resolution No. 01-38 Amending Douglas County’s Policies Regarding the Deposit and Investment of Public Funds. This resolution also established an Investment Advisory Committee to consist of the Douglas County Treasurer, the Director of Administrative Services, and an outside investment professional. Johnson made a motion to appoint Lavern Epp, to serve on the Investment Advisory Committee as the outside investment professional. Motion was seconded by Jones, and carried unanimously.<o:p></o:p></P> <P>McElhaney moved for adjournment; Johnson seconded and the motion carried unanimously.<SPAN style="FONT-FAMILY: Arial"><o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-FAMILY: Arial"> <DIV></DIV>_____________________________<SPAN style="mso-tab-count: 1"> </SPAN>_____________________________<BR>Jere McElhaney, Chairman<SPAN style="mso-tab-count: 1"> </SPAN><SPAN style="mso-tab-count: 1"></SPAN>Bob Johnson, Member</SPAN> <SPAN style="FONT-FAMILY: Arial"><o:p></o:p></SPAN> <P></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial"><o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial">ATTEST:<o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial"><o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial">_____________________________<SPAN style="mso-tab-count: 1"> </SPAN>_____________________________<o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt 3in; TEXT-INDENT: -3in; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial">Patty Jaimes, County Clerk<SPAN style="mso-tab-count: 1"> </SPAN><SPAN style="mso-tab-count: 1"></SPAN>Charles Jones, Member</SPAN></P>

<P>Chairman McElhaney called the meeting to order at 9:00 A.M. on Monday, February 4, 2002. All members were present. The Pledge of Allegiance was recited.&#160;<o:p></o:p></P> <P>Johnson made a motion to approve the minutes of September 10, September 12, and September 19, 2002. Jones seconded and the motion carried unanimously.<o:p></o:p></P> <P><B>CONSENT AGENDA 02-04-02<o:p></o:p></B></P> <P>Jones made a motion to approve the following Consent Agenda:<o:p></o:p></P> <UL type=disc> <LI class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto; mso-list: l12 level1 lfo13; tab-stops: list .5in">Approve Commissioners Order Nos. 4986, 4987, and 4988. Orders are on file in the office of the County Clerk; and<o:p></o:p></LI> <LI class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto; mso-list: l12 level1 lfo13; tab-stops: list .5in">Approve fee reports for the month of December 2001.<o:p></o:p></LI></UL> <P>Motion was seconded by Johnson and carried unanimously.<o:p></o:p></P> <P><B>PLANNING 02-04-02<o:p></o:p></B></P> <P>The Board discussed SP-01-03-02 — A site plan for a new church facility and shop building located on the southwest corner of N 1800 Road and E 800 Road (795 N 1800 Road). Submitted by Pastor Scott Hanks for Heritage Baptist Church, property owner of record. Brian Pedrotti, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented the item. The proposed development will include a two-story, 47,500 square-foot church, a 11,250 square-foot workshop building, all associated parking areas, and a lagoon system. Included in the proposal are two accessory living units for the pastor and a maintenance worker. The applicant proposes two vehicular access points for parishioners to E 800 Road, and a maintenance entrance with a locked gate to N 1800 Road. The existing easternmost drive to N 1800 will be removed per the direction of the County Public Works Department due to inadequate sight distance. Pastor Hanks was present and asked the Board to reconsider the elimination of the easternmost drive to N 1800. Pastor Hanks reported that he received an opinion from a police officer in Topeka, Kansas who performed a sight distance analysis. The analysis indicated there was twice as much sight distance as needed. It was the consensus of the Board that the drive be eliminated. Staff recommended approval of the site plan subject to the following conditions:<o:p></o:p></P> <P style="MARGIN-LEFT: 0.5in">1. Provision of a note stating, "Site plan includes 1 on-site accessory living unit for pastor and 12 on-site accessory living unit for maintenance worker."<o:p></o:p></P> <P style="MARGIN-LEFT: 0.5in">2. Provide information on accessory living units under General Notes, including number and square footage.<o:p></o:p></P> <P style="MARGIN-LEFT: 0.5in">3. Provide property dimension on east property line.<o:p></o:p></P> <P style="MARGIN-LEFT: 0.5in">4. Identify the number of proposed seats within the church (300).<o:p></o:p></P> <P style="MARGIN-LEFT: 0.5in">5. Identify the proposed landscaping and materials within parking islands shown. Include the species types.<o:p></o:p></P> <P style="MARGIN-LEFT: 0.5in">6. Show the location of the lagoon system on a revised site plan prior to issuance of a building permit.<o:p></o:p></P> <P style="MARGIN-LEFT: 0.5in">7. Provision of a note stating, "No exterior storage of materials is approved with this site plan."<o:p></o:p></P> <P>Johnson made a motion to approve the site plan subject to the above conditions. Motion was seconded by Jones and approved unanimously.<o:p></o:p></P> <P><B>MISCELLANEOUS 02-04-02<o:p></o:p></B></P> <P>The Board discussed the initiation of the regulation of pig farming. The Board has received odor and trash related complaints from an Lloyd and Karen Haase, 1808 N 1100 Road, regarding a nearby hog farming operation. No action was taken.<o:p></o:p></P> <P><B>SHERIFF &amp; PURCHASING 02-04-02<o:p></o:p></B></P> <P>On January 28, 2002, the Board authorized the sale of a 2000 Crown Victoria with 95,000 to Vaught Boys for $5,000. In the process of making arrangements, staff realized the Purchasing Policy reflects a statutory requirement to publish the sale of all items valued at $1,000. This leaves the following options for disposal of the vehicle:<o:p></o:p></P> <UL type=disc> <LI class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto; mso-list: l2 level1 lfo14; tab-stops: list .5in">Advertise the vehicle for sale and accept the best offer;<o:p></o:p></LI> <LI class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto; mso-list: l2 level1 lfo14; tab-stops: list .5in">Send the vehicle to Nationwide Auction (with a minimum value)<o:p></o:p></LI></UL> <P>Jones made a motion that the vehicle be sent to Nationwide Auction. Johnson seconded and the motion carried unanimously.<o:p></o:p></P> <P><B>PURCHASING 02-04-02<o:p></o:p></B></P> <P>The Board discussed conducting a silent auction for disposal of computer equipment. As the County has been updating computer equipment, we have an inventory earmarked for disposal. Information Technology has maintained a detailed list of the equipment as well as its condition. In an effort to address some requests received this past year, it is recommended that we conduct a silent auction for this equipment. Other municipalities have had success with their silent auctions. The equipment would be sold "as is" with no warranties and the auction will be published. Jones authorized staff to conduct the silent auction. Johnson seconded and the motion carried unanimously.<o:p></o:p></P> <P><B>PUBLIC WORKS &amp; ZONING 02-04-02<o:p></o:p></B></P> <P>The Board discussed a request for a variance to Home Rule Resolution No. HR-00-4-1 regarding the required length of improvements to N 600 Road west of E 2000 Road. Property owners Mike and Jan Dickenson were present for the discussion as well as Keith Browning, Director of Public Works/County Engineer, and Keith Dabney, Director of Zoning and Codes. The Dickensons are in the process of developing the engineered plans to improve the road to County standards. During the plan preparation process, the required length of roadway improvements has been in question. The proposed location for the entrance into the Dickensons’ property is near their east property line approximately 165 feet west of the intersection. The proposed roadway improvements will dead-end at some point west of the Dickensons’ entrance. End-of-Road markers will be installed to warn motorists of the end of the travelable road surface. The issue to be determined is whether or not the road must be improved beyond the entrance to the Dickensons’ property, and if so, how far past the entrance. Home Rule Resolution No. HR-00-4-1 requires a tract of land must have "250 feet of frontage along a public road from which the dwelling or mobile home gains its primary access" in order to obtain a building permit. If the requirement in HR-00-4-1 is interpreted to mean <I>improved</I> public road, then the improvements will need to extend an additional 220 feet west of the entrance. The property currently fronts public road right-of-way along the length of its south line. Johnson made a motion that the property owners (Mike and Jan Dickenson) be required to improve N 600 Road to County standards from the existing curved intersection of N 600 Road with E 2000 Road to a point approximately fifty (50) feet west of the proposed entrance into the Dickensons’ property, a total distance of approximately 225 linear feet. Provided that the road is improved to County standards to approximately fifty (50) feet west of the proposed entrance, a variance to the requirement of improving 250 linear feet of roadway abutting the property line is granted pursuant to Section 1.e of HR-00-4-1 for the following reasons:<o:p></o:p></P> <P style="MARGIN-LEFT: 0.5in">1. The topography of the area is such that roadway improvements would dead end on a downgrade of 10% slope. The severe slope would make it very difficult for a vehicle proceeding to the dead end to stop, turn around, and reverse direction.<o:p></o:p></P> <P style="MARGIN-LEFT: 0.5in">2. Given the fact the road would dead end on the severe slope discussed in (1) above, End-of-Road markers will be required just past the proposed entrance. Constructing the road past the End-of-Road markers would be an unreasonable waste of money and would constitute unnecessary hardships upon the property owner.<o:p></o:p></P> <P style="MARGIN-LEFT: 0.5in">3. Maintaining a roadway that dead ends past the proposed entrance would be difficult and would be a drain on township resources.<o:p></o:p></P> <P style="MARGIN-LEFT: 0.5in">4. The variance will enhance the public’s general welfare by lessening the chance of littering, vandalism and/or other illegal activities occurring at the isolated dead end of the roadway.<o:p></o:p></P> <P style="MARGIN-LEFT: 0.5in">5. The granting of this variance is not opposed to the general spirit and intent of this resolution since the property owner has greater than 250 linear feet of frontage along public road right-of-way thereby limiting the density of any future entrances that may be constructed if the road is further improved in the future.<o:p></o:p></P> <P>McElhaney seconded and the motion carried unanimously.<o:p></o:p></P> <P><B>APPOINTMENTS 02-04-02<o:p></o:p></B></P> <P>Johnson made a motion to appoint Janet Campbell, 1707 Oak, Eudora, KS 66025, to the Douglas County Advocacy on Aging Board. Motion was seconded by Jones and carried unanimously.<o:p></o:p></P> <P><B>ACCOUNTS PAYABLE 02-04-02<o:p></o:p></B></P> <P>Jones made a motion to approve accounts payable in the amount of $483,174.77 to be paid 2/4/02. Motion was seconded by Johnson and carried unanimously.<o:p></o:p></P> <P>Johnson made a motion to adjourn; seconded by Jones and carried unanimously.<SPAN style="FONT-FAMILY: Arial"><o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-FAMILY: Arial"> <DIV></DIV>_____________________________<SPAN style="mso-tab-count: 1"> </SPAN>_____________________________<BR>Jere McElhaney, Chairman<SPAN style="mso-tab-count: 1"> </SPAN><SPAN style="mso-tab-count: 1"></SPAN>Bob Johnson, Member</SPAN> <SPAN style="FONT-FAMILY: Arial"><o:p></o:p></SPAN> <P></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial"><o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial">ATTEST:<o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial"><o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial">_____________________________<SPAN style="mso-tab-count: 1"> </SPAN>_____________________________<o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt 3in; TEXT-INDENT: -3in; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial">Patty Jaimes, County Clerk<SPAN style="mso-tab-count: 1"> </SPAN><SPAN style="mso-tab-count: 1"></SPAN>Charles Jones, Member</SPAN></P>

<P><SPAN style="FONT-FAMILY: Arial">Chairman McElhaney called the meeting to order at 6:37 P.M. on Wednesday, February 6, 2002. All members were present. The Pledge of Allegiance was recited.&#160;<o:p></o:p></SPAN></P> <P><B><SPAN style="FONT-FAMILY: Arial">CONSENT AGENDA 02-06-02<o:p></o:p></SPAN></B></P> <P><SPAN style="FONT-FAMILY: Arial">Jones made a motion to approve the following Consent Agenda:<o:p></o:p></SPAN></P> <UL type=disc> <LI class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto; mso-list: l10 level1 lfo12; tab-stops: list .5in"><SPAN style="FONT-FAMILY: Arial">Approve Commissioners Order Nos. 4989, 4990 and 4991. Orders are on file in the office of the County Clerk.<o:p></o:p></SPAN></LI></UL> <P><SPAN style="FONT-FAMILY: Arial">Johnson seconded and the motion carried unanimously.<o:p></o:p></SPAN></P> <P><B><SPAN style="FONT-FAMILY: Arial">MISCELLANEOUS 02-06-02<o:p></o:p></SPAN></B></P> <P><SPAN style="FONT-FAMILY: Arial">Dan Barrow, Barrow Trading Company, and Eugene Kimmi, Kimmi Lumber and Saw Mill, made presentations regarding proposed Conditional Use Permit requirement for commercial logging operations. No action was taken.<o:p></o:p></SPAN></P> <P><B><SPAN style="FONT-FAMILY: Arial">ACCOUNTS PAYABLE 02-06-02<o:p></o:p></SPAN></B></P> <P><SPAN style="FONT-FAMILY: Arial">Johnson made a motion to approve accounts payable in the amount of $1,914,689.02 to be paid 2/11/02; and accounts payable manual checks in the amount of $1,234.30. Jones seconded and the motion carried unanimously.<o:p></o:p></SPAN></P> <P><SPAN style="FONT-FAMILY: Arial">Johnson made a motion to adjourn; seconded by Jones and carried unanimously.<o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial"> <DIV></DIV>_____________________________<SPAN style="mso-tab-count: 1"> </SPAN>_____________________________<BR></SPAN><SPAN style="FONT-FAMILY: Arial">Jere McElhaney, Chairman<SPAN style="mso-tab-count: 1"> </SPAN><SPAN style="mso-tab-count: 1"></SPAN>Bob Johnson, Member<o:p></o:p></SPAN> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial"><o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial">ATTEST:<o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial"><o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial">_____________________________<SPAN style="mso-tab-count: 1"> </SPAN>_____________________________<o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt 3in; TEXT-INDENT: -3in; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial">Patty Jaimes, County Clerk<SPAN style="mso-tab-count: 1"> </SPAN><SPAN style="mso-tab-count: 1"></SPAN>Charles Jones, Member</SPAN></P>

<P>Chairman McElhaney called the meeting to order at 9:03 A.M. on Monday, February 11, 2002. All members were present. The Pledge of Allegiance was recited.&#160;<o:p></o:p></P> <P>Johnson moved approval of the minutes of October 3 and October 10, 2001; Jones seconded and the motion carried unanimously.<o:p></o:p></P> <P><B>CONSENT AGENDA 02-11-02<o:p></o:p></B></P> <P>Jones moved approval of the following Consent Agenda:<o:p></o:p></P> <UL type=disc> <LI class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto; mso-list: l7 level1 lfo11; tab-stops: list .5in">Approve Commissioners Order No. 4992. Order is on file in the office of the County Clerk;<o:p></o:p></LI> <LI class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto; mso-list: l7 level1 lfo11; tab-stops: list .5in">Approve two (2) Out-District College Tuition Statements in the Amount of $180; and<o:p></o:p></LI> <LI class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto; mso-list: l7 level1 lfo11; tab-stops: list .5in">Approve the purchase of 2,4-DA from Vegetation Management Supply, Inc. and the purchase of all the other chemicals (Glyphosate, Remedy, Tordon 22K and 2,4-D LV) from Lone Pine Acres, Inc.<o:p></o:p></LI></UL> <P>Motion was seconded by Johnson and carried unanimously.<o:p></o:p></P> <P><B>CONTRACTS &amp; PUBLIC WORKS 02-11-02<o:p></o:p></B></P> <P>The Board discussed bids received for asphaltic concrete (BM-2) to be used in pavement patching and machine-laid leveling for the summer maintenance program. Since asphalt plants may break down, or for some other reason, materials may not be available from a particular supplier at a particular time, it is recommended that the County contract with a "primary" supplier and also with a "secondary" supplier. Jones made a motion to contract with LRM Industries for the supply of 5,001-8,000 tons of BM-2 mix @ $21.15/ton and Asphalt Sales for the supply of 1,000-5,000 tons of BM-2 mix @ $25.00/ton. Motion was seconded by Johnson and carried unanimously.<o:p></o:p></P> <P><B>AGREEMENTS AND SEWER DISTRICTS 02-11-02<o:p></o:p></B></P> <P>The Board considered approval of a Cooperation Agreement with the City of Lawrence for construction of sanitary sewer facilities in Baldwin Creek No. 2 (County) Benefit District and Westwood Hills (City) Benefit District. This Cooperation Agreement is for a joint project to design and construct sanitary sewer facilities to serve both benefit districts. Under the agreement, each party will be responsible for all costs associated with improvements to its respective benefit district. Costs for gravity lines are apportioned to each respective district where the lines are situated. Costs for the pump station and force mains are apportioned to each district according to calculated sewage rates for each district. Baldwin Creek #2 will be responsible for 24.88% of the pump station, force mains and related costs. The City of Lawrence will administer the project, and will invoice Douglas County periodically for the County’s share of engineering and construction costs. Johnson made a motion to authorize the Chair to execute the Cooperation Agreement. Jones seconded and the motion carried unanimously.<o:p></o:p></P> <P><B>ACCOUNTS PAYABLE 02-11-02<o:p></o:p></B></P> <P>Jones made a motion to approve accounts payable manual checks in the amount of $2,127.05; payroll in the amount of $550,390.57; electronic funds transfers for FICA for $41,039.75, and KPERS in the amount of $33,247.91 to be paid 2/8/02. Motion was seconded by Johnson and carried unanimously.<o:p></o:p></P> <P>At 9:20 A.M., McElhaney made a motion that the Board recess to go into Executive Session for 30 minutes to discuss land acquisition with Evan Ice, County Counselor; Craig Weinaug, County Administrator; Pam Madl, Director of Administrative Services; and Keith Browning, Director of Public Works/County Engineer. The Board returned to regular session at 9:40 A.M. No action was taken.<o:p></o:p></P> <P>Jones moved for adjournment; Johnson seconded and the motion carried unanimously.<o:p></o:p></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial"> <DIV></DIV>_____________________________<SPAN style="mso-tab-count: 1"> </SPAN>_____________________________<BR></SPAN><SPAN style="FONT-FAMILY: Arial">Jere McElhaney, Chairman<SPAN style="mso-tab-count: 1"> </SPAN><SPAN style="mso-tab-count: 1"></SPAN>Bob Johnson, Member<o:p></o:p></SPAN> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial"><o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial">ATTEST:<o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial"><o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial">_____________________________<SPAN style="mso-tab-count: 1"> </SPAN>_____________________________<o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt 3in; TEXT-INDENT: -3in; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial">Patty Jaimes, County Clerk<SPAN style="mso-tab-count: 1"> </SPAN><SPAN style="mso-tab-count: 1"></SPAN>Charles Jones, Member</SPAN></P>

<P>Chairman McElhaney called the meeting to order at 6:35 P.M. on Wednesday, February 13, 2002. All members were present. The Pledge of Allegiance was recited.&#160;<o:p></o:p></P> <P><B>CONSENT AGENDA 02-13-02<o:p></o:p></B></P> <P>Johnson moved approval of the following Consent Agenda:<o:p></o:p></P> <UL type=disc> <LI class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto; mso-list: l6 level1 lfo9; tab-stops: list .5in">Approve Commissioners Order Nos. 4993, 4994 and 4995. Orders are on file in the office of the County Clerk;<o:p></o:p></LI> <LI class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto; mso-list: l6 level1 lfo9; tab-stops: list .5in">Authorize the Chair to execute a Concession Agreement between Douglas County, Kansas and Bonnie and Harold Keylon to provide concession services at Lone Star Park.<o:p></o:p></LI> <LI class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto; mso-list: l6 level1 lfo9; tab-stops: list .5in">Approve Resolution No. 02-05 Amending the Rules and Regulations at Lone Star Lake and Park, and Repealing Resolution No. 96-55.<o:p></o:p></LI></UL> <P>Motion was seconded by Jones and carried unanimously.<o:p></o:p></P> <P><B>ANNEXATION 02-13-02<o:p></o:p></B></P> <P>The Board considered approval of a request from the City of Eudora requesting the Douglas County Commission to make certain findings regarding the annexation of property located in the East Half of the Northeast Quarter of Section 17, Township 13 South, Range 21 East of the 6<SUP>th</SUP> Principal Meridian, in Douglas County, Kansas. Ron Conner, Mayor of the City of Eudora, and Eugene Westerhouse, Township Trustee, were present for the discussion. Johnson made a motion that the Board of County Commissioners of Douglas County, Kansas, finds and determines that the requested annexation will not hinder or prevent the proper growth and development of the area or that of any other incorporated city located within Douglas County, Kansas, all as provided by K.S.A. 12-520c. Motion was seconded by Jones and carried unanimously.<o:p></o:p></P> <P><B>PLANNING 02-13-02<o:p></o:p></B></P> <P>The Board considered Item No. 2 of the Lawrence-Douglas County Metropolitan Planning Commission dated January 23, 2002. This item is CUP-12-13-01 — Conditional Use Permit request for a greenhouse with retail sales at 1211 E 2200 Road. The property is approximately 1.42 acres. This property is located within three miles of Eudora city limits which necessitated a joint public hearing at the Planning Commission level. Requested by Donald R. Grinnell, property owner of record. Brian Pedrotti, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented this item. Pedrotti noted that both the Lawrence-Douglas County Planning Commission and the Eudora Planning Commission heard the item at the public hearing on January 23, 2002 and there were therefore two (2) recommendations. Both recommendations were unanimous for denial recommending the applicant begin the process for annexation into the City of Eudora. Donald Grinnell, property owner, addressed the Commission and expressed concerns regarding the annexation of his land. Jones made a motion to deny CUP-12-13-01; Johnson seconded and the motion carried unanimously.<o:p></o:p></P> <P><B>PLANNING 02-13-02<o:p></o:p></B></P> <P>The Board considered Item No. 6 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated January 23, 2002. This item is CUP-12-11-01 — Conditional Use Permit request for Enright Gardens, located at 2351 N 400 Road, Edgerton Kansas. There are four tracts with a total of 50 acres. Requested by Robert and Susan Enright, property owners of record. Brian Pedrotti presented the item. This item comes to the Board with a recommendation for approval based on the following Findings of Fact:<o:p></o:p></P> <P><B>Zoning and uses of property nearby.</B> The subject site is located on N 400 Road. Surrounding zoning includes A (Agricultural) on all sides. Surrounding land uses are primarily agricultural.<o:p></o:p></P> <P><B>Character of the area.</B> The northern portion of the property is currently developed with Enright Gardens. The remainder of the property is agricultural. The character of the surrounding area is agricultural.<o:p></o:p></P> <P><B>Suitability of subject property for the uses to which it has been restricted.</B> <o:p></o:p></P> <P>The subject site is suitable for the proposed uses of agricultural products sales.<o:p></o:p></P> <P><B>Length of time subject property has remained vacant as zoned.</B> The subject property is developed with the Enright Gardens business. The primary sales use has existed for over 20 years. The property has been zoned A (Agricultural District) since 1966.<o:p></o:p></P> <P><B>Extent to which removal of restrictions will detrimentally affect nearby property.</B> Traffic, visual, and noise impacts from the site will not substantially change from past conditions. The proposal should not detrimentally affect nearby property.<o:p></o:p></P> <P><B>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.</B> The primary benefit and/or gain to the public health, safety, and welfare of the Conditional Use Permit for the market is that it would provide residents and businesses of Douglas County with an option for farm-grown agricultural and ag-related products. Denial of the request would impose a hardship on the applicant by requiring them to cease any non-farm product sales.<o:p></o:p></P> <P><B>Conformance with <I>The Comprehensive Plan</I>.</B> The Conditional Use Permit for the proposed facility is not in conflict with <I>Horizon 2020</I>.<o:p></o:p></P> <P>AND subject to the following conditions:<o:p></o:p></P> <P style="MARGIN-LEFT: 0.5in">1. Revise the face of the site plan to provide the following information:<o:p></o:p></P> <P style="MARGIN-LEFT: 1in">a. Provision of a note on the site plan indicating that the site plan for a public or governmental building(s) and facilities has been designed to comply with the provisions of the Americans with Disabilities Act Accessibility Guidelines.<o:p></o:p></P> <P style="MARGIN-LEFT: 1in">b. Provision of a note on the site plan stating, "Retail sales of items not produced on site is limited to 3,500 square feet of floor area."<o:p></o:p></P> <P style="MARGIN-LEFT: 1in">c. Provide a minimum of 18 parking spaces on the site.<o:p></o:p></P> <P style="MARGIN-LEFT: 0.5in">2. Provision of a note on the face of the site plan stating, "The Conditional Use Permit will be re-evaluated by the County Commission in February, 2007. The CUP will expire in February, 2012. Continuation of the use beyond February 2012 will require rezoning or approval of a new CUP,"<o:p></o:p></P> <P>Jones made a motion to approve CUP-12-11-01 subject to the above conditions. Johnson seconded and the motion carried unanimously.<o:p></o:p></P> <P><B>PLANNING 02-13-02<o:p></o:p></B></P> <P>The Board considered Item No. 5 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated January 23, 2002. This item is CUP-12-12-01 — Conditional Use Permit request for Western Resources expansion of the S.W. Lawrence Substation, located at 1287 E 1200 Road (south of 31<SUP>st</SUP> Street &amp; Kasold). This CUP request shows Phase 1 improvements planned for Spring 2002 to tie the existing substation to the new transmission lines recently installed west of Lawrence. Requested by Cindy Risch, substation engineer for Western Resources, property owner of record. Sandra Day, staff member of the Lawrence-Douglas County Metropolitan Planning Department, was present for the discussion. This item comes to the Board with a recommendation for approval based on the following Findings of Fact:<o:p></o:p></P> <P><B>Zoning and uses of property nearby.</B> The surrounding property in all directions is used for agricultural purposes.<o:p></o:p></P> <P><B>Character of the area.</B> The subject property is located south of the City Limits on the west side of Kasold Drive (extended), a designated future arterial street. This area is currently used for agricultural purposes. The subject property is located in Service Area One, as shown on Figure 9 of <I>Horizon 2020</I>. This area is anticipated for very low-density residential uses and park and openspace uses because of the proximity to the 100-year floodplain. It is anticipated for very low impact development in the future.<o:p></o:p></P> <P><B>Suitability of subject property for the uses to which it has been restricted.</B> As noted above, the subject property is zoned for both Agricultural and Valley Channel land uses. The suitability of the subject property for its current use will not be altered by the approval of a CUP for the expansion of the existing utility facility. There are no residential uses immediately adjacent to the facility. The "undeveloped" nature of the surrounding area contributes the suitability of the use and the anticipation of little or no impact on surrounding areas.<o:p></o:p></P> <P><B>Extent to which removal of restrictions will detrimentally affect nearby property.</B> No detrimental impacts are anticipated by the expansion of a utility facility; in part because of the base zoning will not be altered. The proposed facility will require additional permit approval for construction within the 100-year floodplain.<o:p></o:p></P> <P><B>Length of time subject property has remained vacant as zoned.</B> The subject property is currently developed as an electrical substation facility that services the southwest portion of the City of Lawrence and surrounding unincorporated area. It has been zoned for agricultural purposes since the adoption of the County Zoning Resolution in 1966. The existing facility was constructed in 1967.<o:p></o:p></P> <P><B>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.</B> Electrical service is a basic utility. Given the growth and development of the service area, staff finds that the general public will benefit from the improved and expanded services proposed by the applicant.<o:p></o:p></P> <P><B>Conformance with <I>The Comprehensive Plan</I>.</B> <I>Horizon 2020</I> d&#160;s not directly address the issue of special or conditional uses. The plan provides basic guidance regarding major infrastructure improvements and urges that such uses be carefully planned and provided. The provision of such services should be focused in existing service areas to address growth. The proposed request is consistent with the land use recommendations found in <I>Horizon 2020</I>.<o:p></o:p></P> <P>AND subject to the following conditions:<o:p></o:p></P> <P style="MARGIN-LEFT: 0.5in">1. Provision of a revised site plan to include the following changes:<o:p></o:p></P> <P style="MARGIN-LEFT: 1in">a. Relocation of the proposed equipment building to comply with the minimum front building setbacks per staff approval.<o:p></o:p></P> <P style="MARGIN-LEFT: 1in">b. Show location of driveway on overall plan of site.<o:p></o:p></P> <P style="MARGIN-LEFT: 1in">c. Provision of the following note: Applicant shall obtain approval of a building permit and local flood plain development permit prior to construction of any site improvements.<o:p></o:p></P> <P style="MARGIN-LEFT: 1in">d. Provide dimensional scale for elevations.<o:p></o:p></P> <P>Johnson made a motion to approve CUP-12-12-01 subject to the above conditions. Motion was seconded by Jones and carried unanimously.<o:p></o:p></P> <P><B>PLANNING 02-13-02<o:p></o:p></B></P> <P>The Board considered Item No. 7 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated January 23, 2002.This item is FDP-12-15-01: Community Unit Plan (County) request for Morning Star Church, located at the NE corner of N 1771 &amp; E 1000 Road, and legally described as: Oak Ridge Estates, Lot 1. Requested by Hernly Associates, Inc. for Morning Star Church, owner of record. Sandra Day presented the item. This item comes to the Board with a unanimous recommendation for approval of the Community Unit Plan of Morning Star Church, subject to the following conditions:<o:p></o:p></P> <P style="MARGIN-LEFT: 0.5in">1. Provision of a revised copy of the final development plan with signature blocks for the Chairman of the Board of County Commissioners and the Director of Planning.<o:p></o:p></P> <P style="MARGIN-LEFT: 0.5in">2. Dedicate additional 10' of right-of-way for E 1000 Road, including a note to show the deed book and page reference on the site plan.<o:p></o:p></P> <P style="MARGIN-LEFT: 0.5in">3. Dedicate additional 15' easement along east property line for utilities, including a note to show the deed book and page reference on the site plan.<o:p></o:p></P> <P style="MARGIN-LEFT: 0.5in">4. Provision of a revised drawing to include the following changes:<o:p></o:p></P> <P style="MARGIN-LEFT: 1in">a. Show 50' of right-of-way from centerline for E 1000 Road.<o:p></o:p></P> <P style="MARGIN-LEFT: 1in">b. Show revised site improvements relocated 25' to the west to accommodate additional right-of-way and utility easements.<o:p></o:p></P> <P style="MARGIN-LEFT: 1in">c. Relocated parking lot a minimum of 30' from E 1000 Road right-of-way and 25' from N 1771 Road.<o:p></o:p></P> <P style="MARGIN-LEFT: 1in">d. Show dedicated area for sanitary sewer disposal use on site as non-buildable area for dedicated purpose to include all applicable setbacks from property lines and site improvements per the approval of the County Health Department.<o:p></o:p></P> <P style="MARGIN-LEFT: 1in">e. Provision of a note on the face of the development plan which states that erosion control shall be practiced during construction.<o:p></o:p></P> <P style="MARGIN-LEFT: 0.5in">5. Approval of a sanitary sewage disposal system prior to issuance of building permit.<o:p></o:p></P> <P style="MARGIN-LEFT: 0.5in">6. Provision of a note on the face of the site plan that states, "There shall be no direct access to 1000 Road."<o:p></o:p></P> <P style="MARGIN-LEFT: 0.5in">7. Execution and provision of a recorded copy of an agreement with the Home Owners Association of Oak Ridge Estates which specifies that maintenance of 1771 Road shall be the responsibility of Morning Star Church from E 1000 Road to the western most entrance.<o:p></o:p></P> <P style="MARGIN-LEFT: 0.5in">8. Provision of a note on the face of the site plan which states, "All parking shall be provided on site, no parking shall be permitted on 1771 Road."<o:p></o:p></P> <P>Jones made a motion to approve FDP-12-15-01 subject to the above condition. Motion was seconded by Johnson and carried unanimously.<o:p></o:p></P> <P><B>PLANNING 02-13-02<o:p></o:p></B></P> <P>The Board conducted a joint work session on 5 acre exception. No action was taken.<o:p></o:p></P> <P><B>ACCOUNTS PAYABLE 02-13-02<o:p></o:p></B></P> <P>Jones moved approval of accounts payable manual checks in the amounts of $2003.00 and $1250.00. Motion was seconded by Johnson and carried unanimously.<o:p></o:p></P> <P>McElhaney moved for adjournment; Johnson seconded and the motion carried unanimously.<o:p></o:p></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial"> <DIV></DIV>_____________________________<SPAN style="mso-tab-count: 1"> </SPAN>_____________________________<BR></SPAN><SPAN style="FONT-FAMILY: Arial">Jere McElhaney, Chairman<SPAN style="mso-tab-count: 1"> </SPAN><SPAN style="mso-tab-count: 1"></SPAN>Bob Johnson, Member<o:p></o:p></SPAN> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial"><o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial">ATTEST:<o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial"><o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial">_____________________________<SPAN style="mso-tab-count: 1"> </SPAN>_____________________________<o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt 3in; TEXT-INDENT: -3in; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial">Patty Jaimes, County Clerk<SPAN style="mso-tab-count: 1"> </SPAN><SPAN style="mso-tab-count: 1"></SPAN>Charles Jones, Member</SPAN></P>

<P>Chairman McElhaney called the meeting to order at 9:06 A.M. on Monday, February 18, 2002. All members were present. The Pledge of Allegiance was recited.&#160;<o:p></o:p></P> <P><B>CONSENT AGENDA 02-18-02<o:p></o:p></B></P> <P>Jones moved approval of the following Consent Agenda:<o:p></o:p></P> <UL type=disc> <LI class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto; mso-list: l6 level1 lfo8; tab-stops: list .5in">Approve Commissioners Order No. 4996. Order is on file in the office of the County Clerk; and<o:p></o:p></LI> <LI class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto; mso-list: l6 level1 lfo8; tab-stops: list .5in">Note receipt of the Report of State Forfeitures from Sheriff Trapp.<o:p></o:p></LI></UL> <P>Motion was seconded by Johnson and carried unanimously.<o:p></o:p></P> <P><B>PROPERTY VALUATION 02-18-02<o:p></o:p></B></P> <P>Marion Johnson, County Appraiser, provided a brief update on annual appraisal efforts. He indicated that the 2002 notices would be mailed on February 28, 2002. Overall values increased 9.4%. <o:p></o:p></P> <P><B>PUBLIC WORKS 02-18-02<o:p></o:p></B></P> <P>Keith Browning, Director of Public Works/County Engineer, provided an update on Route 442 Improvement Project No. 23 C-3472-01. Final plans have been submitted to KDOT for the referenced project and easement acquisition activities are ongoing. Discussions with utility companies have been conducted, and agreements for the relocation of facilities have been mailed. Browning noted the costs for relocation of utilities will be significant. It is currently estimated that the County’s costs for this project will be $778,343. Browning presented a sample agreement with Rural Water District #3 (RWD#3) for relocation of their facilities. The actual agreement will be presented to the Board for approval following execution by RWD#3. No action was taken.<o:p></o:p></P> <P><B>ACCOUNTS PAYABLE 02-18-02<o:p></o:p></B></P> <P>Johnson moved approval of accounts payable in the amount of $150,325.55 to be paid 2/18/02, and ACH Bank Transfer in the amount of $574,687.50 to be paid on 3/1/02. Motion was seconded by McElhaney and carried unanimously.<o:p></o:p></P> <P>McElhaney moved for adjournment; Jones seconded and the motion carried unanimously.<o:p></o:p></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial"> <DIV></DIV> <P>_____________________________<SPAN style="mso-tab-count: 1"> </SPAN>_____________________________<BR></SPAN><SPAN style="FONT-FAMILY: Arial">Jere McElhaney, Chairman<SPAN style="mso-tab-count: 1"> </SPAN><SPAN style="mso-tab-count: 1"></SPAN>Bob Johnson, Member<o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial"><o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial">ATTEST:<o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial"><o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial">_____________________________<SPAN style="mso-tab-count: 1"> </SPAN>_____________________________<o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt 3in; TEXT-INDENT: -3in; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial">Patty Jaimes, County Clerk<SPAN style="mso-tab-count: 1"> </SPAN><SPAN style="mso-tab-count: 1"></SPAN>Charles Jones, Member</SPAN></P>

<P>Chairman McElhaney called the meeting to order at 9:07 A.M. on Monday, March 4, 2002, with two members present. Commissioner Johnson was absent. The Pledge of Allegiance was recited.&#160;<o:p></o:p></P> <P>McElhaney introduced and welcomed Mark Fagan as the reporter from <I>The Journal-World</I> who will be covering County business. McElhaney then offered congratulations to Kansas University and the basketball program, staff, coaches, families and players on their successful season.<o:p></o:p></P> <P>Jones moved approval of the minutes of October 8 and October 22, 2001. McElhaney seconded and the motion carried.<o:p></o:p></P> <P><B>PROCLAMATION 03-04-02<o:p></o:p></B></P> <P>Cheri McCabre read a Proclamation Proclaiming the Month of March as Disability Awareness Month. Jones moved approval of the Proclamation as stated, seconded by McElhaney and carried.<o:p></o:p></P> <P><B>CONSENT AGENDA 03-04-02<o:p></o:p></B></P> <P>Jones moved approval of the following Consent Agenda:<o:p></o:p></P> <UL type=disc> <LI class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto; mso-list: l1 level1 lfo7; tab-stops: list .5in">Approve Commissioners Order Nos. 4997, 4998, 4999, 5000, 5001 and 5002. Orders are on file in the office of the County Clerk; and<o:p></o:p></LI> <LI class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto; mso-list: l1 level1 lfo7; tab-stops: list .5in">Note receipt of Fee Reports for the month of January.<o:p></o:p></LI></UL> <P>Motion was seconded by McElhaney and carried.<o:p></o:p></P> <P><B>AMBULANCE &amp; PURCHASES 03-04-02<o:p></o:p></B></P> <P>Mark Bradford, Deputy Chief of the Lawrence-Douglas County Fire and Medical Service, appeared before the Board requesting approval to waive the bid process for the purchase of an upgrade to the EMS billing software. Bradford explained that the present DOS version of "Sweet" EMS Billing software was purchased in March 1996. This software manages ambulance fees, EMS standby fees and public CPR fees along with claim processing. Over twenty thousand accounts have been established in this system and it is one of the most widely used EMS billing software systems in the region. In January 2002, Sweet Computer Services, Inc. informed all its clients that it would no longer support its DOS version. The change is due not only to technological advances to windows based programs, but the requirements to electronically transmit claims. The current version will not permit electronic filing which would place a significant additional workload on staff. The costs associated with the upgrade are as follows:<o:p></o:p></P> <P style="MARGIN-LEFT: 0.5in">Upgrade to "Amazon Billing Software" $31,850.00<BR>Support — Annual <U>3,420.00<BR></U>Subtotal $35,270.00<BR>Upgrade Discount -14,310.00<BR>Shipping <U>25.00<BR></U>Total $20,985.00<BR>Training — Travel Costs for Instructor <U>$ 1,500.00<BR></U>(Estimate — Not to exceed)<BR>GRAND TOTAL $22,485.00<o:p></o:p></P> <P>Jones stated that he is uncomfortable waiving the bid process since he believes it serves a useful function. Jones then made a motion to waive the bid process asking that it be used in the future. McElhaney seconded and the motion carried.<o:p></o:p></P> <P>Jones then made a motion to approve the purchase of the Amizon upgrade from Sweet Computer Services, Inc. in an amount not to exceed $22,485. Motion was seconded by McElhaney and carried.<o:p></o:p></P> <P><B>PURCHASING 03-04-02<o:p></o:p></B></P> <P>The Board discussed the conversion of microfilm to compact disc. Sue Neustifter, Register of Deeds, was present for the discussion. This process was budgeted in 2001 but was put on hold due to several other projects that took priority. An estimate of $36,000 was obtained in 1999 from Mid-Continent Micrographics, Inc. Jones made a motion to waive the bid process for the conversion of microfilm by Mid-Continent Micrographics, Inc. in an amount not to exceed $36,000. Motion was seconded by McElhaney and carried.<o:p></o:p></P> <P><B>PUBLIC WORKS &amp; PURCHASING 03-04-02<o:p></o:p></B></P> <P>The Board discussed bids received for crushed rock aggregates used for road and channel maintenance. Jones made a motion to accept the bids from Hunt Midwest for AB-3 in the amount of $25,750 for 5,000 tons from the Lawrence quarry and $31,500 for 7,000 tons from the Globe quarry; and also accept the bid of $15,000 from Hunt Midwest for 3,000 tons of shot rock from the Globe quarry.<o:p></o:p></P> <P>Motion was seconded by McElhaney and carried.<o:p></o:p></P> <P><B>ACCOUNTS PAYABLE 02-13-02<o:p></o:p></B></P> <P>Jones moved approval of accounts payable in the amount of $252,863.02 to be paid 2/25/02; $224,793.19 to be paid 3/4/02; accounts payable manual checks in the amounts of $2,432.59 and $1,544.15; payroll in the amount of $535,603.76; electronic funds transfers for FICA in the amount of $39,924.53, and KPERS in the amount of $32,253.98 to be paid 2/22/02. McElhaney seconded and the motion carried.<o:p></o:p></P> <P>McElhaney moved for adjournment; Jones seconded and the motion carried.<SPAN style="FONT-FAMILY: Arial"><o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial">_____________________________<SPAN style="mso-tab-count: 1"> </SPAN>_____________________________<o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial">Jere McElhaney, Chairman<SPAN style="mso-tab-count: 1"> </SPAN><SPAN style="mso-tab-count: 1"></SPAN>Bob Johnson, Member<o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial"><o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial">ATTEST:<o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial"><o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial">_____________________________<SPAN style="mso-tab-count: 1"> </SPAN>_____________________________<o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt 3in; TEXT-INDENT: -3in; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial">Patty Jaimes, County Clerk<SPAN style="mso-tab-count: 1"> </SPAN><SPAN style="mso-tab-count: 1"></SPAN>Charles Jones, Member</SPAN></P>

<P><SPAN style="FONT-FAMILY: Arial">Chairman McElhaney called the meeting to order at 6:35 P.M. on Wednesday, March 6, 2002. All members were present. The Pledge of Allegiance was recited.&#160;<o:p></o:p></SPAN></P> <P><B><SPAN style="FONT-FAMILY: Arial">PROCLAMATION 03-06-02<o:p></o:p></SPAN></B></P> <P><SPAN style="FONT-FAMILY: Arial">Chairman McElhaney read a proclamation proclaiming Kim Thompson-Flick as the 2000-2001 Douglas County First Responder of the Year. Jones moved that the Proclamation be adopted as read; seconded by McElhaney and carried unanimously.<o:p></o:p></SPAN></P> <P><B><SPAN style="FONT-FAMILY: Arial">CONSENT AGENDA 03-06-02<o:p></o:p></SPAN></B></P> <P><SPAN style="FONT-FAMILY: Arial">Jones made a motion to approve the following Consent Agenda:<o:p></o:p></SPAN></P> <UL type=disc> <LI class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto; mso-list: l3 level1 lfo5; tab-stops: list .5in"><SPAN style="FONT-FAMILY: Arial">Approve Commissioners Order Nos. 5003 and 5004. Orders are on file in the office of the County Clerk.<o:p></o:p></SPAN></LI> <LI class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto; mso-list: l3 level1 lfo5; tab-stops: list .5in"><SPAN style="FONT-FAMILY: Arial">Authorize the Chairman to affix his signature to Contracts for Highway Purposes between Douglas County, Kansas and Marvin G. Oshel; Douglas County, Kansas and Catherine L. Nichols Revocable Trust; and Douglas County and Max and Wilma Rife.<o:p></o:p></SPAN></LI></UL> <P><SPAN style="FONT-FAMILY: Arial">Motion was seconded by Johnson and carried unanimously.<o:p></o:p></SPAN></P> <P><B><SPAN style="FONT-FAMILY: Arial">PARKS — WELLS 03-06-02<o:p></o:p></SPAN></B></P> <P><SPAN style="FONT-FAMILY: Arial">McElhaney introduced Karen Flick who was present to discuss the proposed prairie restoration project at Wells Overlook. Ms. Flick advised the Board that she had contacted several people living in the area regarding the project. She noted that there was a consensus that people would like to see the park restored so that families, scouts, schools and community groups could use it again. There was also the consensus that the scrub trees be cleaned out and the large trees be left. Steve Smith, a resident west of the park also spoke in support of keeping as many of the trees as possible. He stated that the maintenance of the infrastructure needs to be addressed. McElhaney thanked Ms. Flick and Mr. Smith for expressing their concerns and comments. He advised that the committee is in the process of exploring different alternatives. No action was taken.<o:p></o:p></SPAN></P> <P><B><SPAN style="FONT-FAMILY: Arial">ZONING &amp; RESOLUTIONS 03-06-02<o:p></o:p></SPAN></B></P> <P><SPAN style="FONT-FAMILY: Arial">The Board discussed approval of the re-establishment of a Home Rule Resolution continuing the establishment of a 250' minimum road frontage requirement. Keith Dabney, Director of Zoning &amp; Codes was present for the discussion. Two drafts of the resolution were presented — the first resolution requires the road to be completed prior to the issuance of a building permit. Linda Finger, Director of the Lawrence-Douglas County Metropolitan Planning Department, recommends approval of this version. The second resolution allows the County Engineer to require a bond and construction plans, but allows a building permit to be issued prior to constructing the road. Keith Browning, County Engineer/Director of Public Works recommends approval of this version. It was the consensus of the Board to adopt the resolution recommended by Browning. Johnson made a motion to approve Home Rule Resolution No. HR-02-03-1, providing for the temporary prohibition of the issuance of permits for the construction or placement of dwellings and mobile homes on certain tracts. Motion was seconded by Jones and carried unanimously.<o:p></o:p></SPAN></P> <P><B><SPAN style="FONT-FAMILY: Arial">TOWNSHIPS 03-06-02<o:p></o:p></SPAN></B></P> <P><SPAN style="FONT-FAMILY: Arial">The Board discussed the possibility of creating a Marion Township Fire District. Craig Weinaug, County Administrator, explained that some citizens in Marion Township who have been exploring the possibility of finding alternatives for fire protection. He explained that they are currently under a fire district that is based out of Osage County and are interested in other alternatives that would possibly improve their fire insurance rating for this area. He noted that if this effort is pursued, the first step would be to obtain an agreement with Osage County to de-annex that particular territory in Douglas County from their tax base. This is something that is completely within their prerogative to approve or not to approve. He also noted that this meeting is only for the purpose to expose the Board to the issues. <o:p></o:p></SPAN></P> <P><SPAN style="FONT-FAMILY: Arial">Evan Ice, County Counselor, was present and explained the process of de-annexation.<o:p></o:p></SPAN></P> <P><SPAN style="FONT-FAMILY: Arial">Bruce Snodgrass spoke in support of creating a fire district noting that improved fire protection would improve insurance ratings. <o:p></o:p></SPAN></P> <P><SPAN style="FONT-FAMILY: Arial">Jim Jolly, Marion Township Treasurer, expressed the Township Board’s position to stay with the status quo. <o:p></o:p></SPAN></P> <P><SPAN style="FONT-FAMILY: Arial">Walt Bigham, Fire Chief for Osage County District 4, defended the performance of the district. He also noted problems in obtaining volunteers.<o:p></o:p></SPAN></P> <P><SPAN style="FONT-FAMILY: Arial">Rod Brown, Chief of Wakarusa Township, expressed his opinion that a local township would be an improvement since response time would be less. He then addressed the issue of volunteers stating that if there’s good leadership, you will keep and retain those volunteers. <o:p></o:p></SPAN></P> <P><SPAN style="FONT-FAMILY: Arial">It was the consensus of the Board that staff be directed to pursue the various issues raised and schedule further discussion in the future. <o:p></o:p></SPAN></P> <P><B><SPAN style="FONT-FAMILY: Arial">AGREEMENTS &amp; COURTHOUSE 03-06-02<o:p></o:p></SPAN></B></P> <P><SPAN style="FONT-FAMILY: Arial">The Board discussed bids received for the installation of a fire sprinkling system in the County Courthouse. Johnson moved approval of the low bid received from Conley Sprinkler, Inc. in the amount of $159,000; seconded by Jones and carried unanimously.<o:p></o:p></SPAN></P> <P><SPAN style="FONT-FAMILY: Arial">McElhaney made a motion for adjournment; seconded by Johnson and carried unanimously.<o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial">_____________________________<SPAN style="mso-tab-count: 1"> </SPAN>_____________________________<o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial">Jere McElhaney, Chairman<SPAN style="mso-tab-count: 1"> </SPAN><SPAN style="mso-tab-count: 1"></SPAN>Bob Johnson, Member<o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial"><o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial">ATTEST:<o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial"><o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial">_____________________________<SPAN style="mso-tab-count: 1"> </SPAN>_____________________________<o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt 3in; TEXT-INDENT: -3in; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial">Patty Jaimes, County Clerk<SPAN style="mso-tab-count: 1"> </SPAN><SPAN style="mso-tab-count: 1"></SPAN>Charles Jones, Member</SPAN></P>

<P>Chairman McElhaney called the meeting to order at 9:09 A.M. on Monday, March 11, 2002, with all members present. The Pledge of Allegiance was recited.&#160;<o:p></o:p></P> <P>Jones moved approval of the minutes of October 23, October 24, and October 25, 2001. Johnson seconded and the motion carried unanimously.<o:p></o:p></P> <P><B>CONSENT AGENDA 03-11-02<o:p></o:p></B></P> <P>Jones moved approval of the following Consent Agenda:<o:p></o:p></P> <UL type=disc> <LI class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto; mso-list: l1 level1 lfo3; tab-stops: list .5in">Approve Commissioners Order No. 5006. Order is on file in the office of the County Clerk;<o:p></o:p></LI> <LI class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto; mso-list: l1 level1 lfo3; tab-stops: list .5in">Authorize Notice to Clinton Township for cereal malt beverage license for Clinton Store;<o:p></o:p></LI> <LI class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto; mso-list: l1 level1 lfo3; tab-stops: list .5in">Approve the eight (8) Out-District College Tuition Statements in the amount of $4,128;<o:p></o:p></LI> <LI class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto; mso-list: l1 level1 lfo3; tab-stops: list .5in">Approve the Township Annual Reports for 2001;<o:p></o:p></LI> <LI class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto; mso-list: l1 level1 lfo3; tab-stops: list .5in">Approve Resolution No. 02-06 ordering the reapportionment of County Commissioner Districts in Douglas County, Kansas; and<o:p></o:p></LI> <LI class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto; mso-list: l1 level1 lfo3; tab-stops: list .5in">Approve the following bids for various signs, posts, and miscellaneous materials for county and township use:<o:p></o:p></LI></UL> <P>Vulcan Signs <SPAN style="mso-tab-count: 1"></SPAN><SPAN style="mso-tab-count: 1"></SPAN>$1,812.67<BR>Donalyn Company 760.60<BR>Newman<SPAN style="mso-tab-count: 1"> </SPAN>6,594.63<BR>Custom Products <SPAN style="mso-tab-count: 1"></SPAN><SPAN style="mso-spacerun: yes"></SPAN>2,802.00<BR>Rocal, Inc.<SPAN style="mso-tab-count: 1"> </SPAN>1,352.00<BR>3M Company <SPAN style="mso-tab-count: 1"></SPAN><SPAN style="mso-tab-count: 1"></SPAN><SPAN style="mso-spacerun: yes"></SPAN><U>800.00</U><BR>Total $14,121.90<o:p></o:p></P> <P>Motion was seconded by Johnson and carried unanimously.<o:p></o:p></P> <P><B>MISCELLANEOUS 03-11-02<o:p></o:p></B></P> <P>The Board discussed House Bill 2828. This bill would give the County Commission the option to call an election to levy a temporary sales tax to finance industrial development and open space. Tim Holverson, Vice President of Public Policy and Bill Sepic, President and CEO, of the Lawrence Chamber of Commerce, and Kelvin Heck spoke in favor of the bill. Don Cashatt spoke in opposition. Jones made a motion to support an amended version of House Bill 2828. Johnson seconded and the motion carried. Jones and Johnson voted yea; McElhaney voted nay.<o:p></o:p></P> <P><B>INFORMATION TECHNOLOGY &amp; PURCHASING 03-11-02<o:p></o:p></B></P> <P>The Board discussed personal computer purchases for 2002. No action was taken.<o:p></o:p></P> <P><B>APPOINTMENTS 03-11-02<o:p></o:p></B></P> <P>Johnson made a motion to appoint Judy Culley, Director of The Shelter, Inc., to the Community Corrections Advisory Board for a two-year term which shall expire in April 2004. Motion was seconded by Jones and carried unanimously.<o:p></o:p></P> <P><B>YOUTH SERVICES AND CONTRACTS 03-11-02<o:p></o:p></B></P> <P>Jones made a motion to waive the bid process and authorize McElhaney to approve change orders for the roof repair/replacement at Youth Services. Johnson seconded and the motion carried unanimously.<o:p></o:p></P> <P>McElhaney moved for adjournment; Jones seconded and the motion carried.<SPAN style="FONT-FAMILY: Arial"><o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial">_____________________________<SPAN style="mso-tab-count: 1"> </SPAN>_____________________________<o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial">Jere McElhaney, Chairman<SPAN style="mso-tab-count: 1"> <SPAN style="mso-tab-count: 1"><SPAN style="mso-tab-count: 1"><SPAN style="mso-tab-count: 1"><SPAN style="mso-tab-count: 1"><SPAN style="mso-tab-count: 1"><SPAN style="mso-tab-count: 1"><SPAN style="mso-tab-count: 1"><SPAN style="mso-tab-count: 1"><SPAN style="mso-tab-count: 1"><SPAN style="mso-tab-count: 1"><SPAN style="mso-tab-count: 1"><SPAN style="mso-tab-count: 1"><SPAN style="mso-tab-count: 1"><SPAN style="mso-tab-count: 1"><SPAN style="mso-tab-count: 1"><SPAN style="mso-tab-count: 1"><SPAN style="mso-tab-count: 1"><SPAN style="mso-tab-count: 1"><SPAN style="mso-tab-count: 1"></SPAN></SPAN></SPAN></SPAN></SPAN></SPAN></SPAN></SPAN></SPAN></SPAN></SPAN></SPAN></SPAN></SPAN></SPAN></SPAN></SPAN></SPAN></SPAN></SPAN><SPAN style="mso-tab-count: 1"></SPAN>Bob Johnson, Member<o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial"><o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial"></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial"></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial">ATTEST:<o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial"><o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial">_____________________________<SPAN style="mso-tab-count: 1"> </SPAN>_____________________________<o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt 3in; TEXT-INDENT: -3in; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial">Patty Jaimes, County Clerk<SPAN style="mso-tab-count: 1"> <SPAN style="mso-tab-count: 1"><SPAN style="mso-tab-count: 1"><SPAN style="mso-tab-count: 1"><SPAN style="mso-tab-count: 1"><SPAN style="mso-tab-count: 1"><SPAN style="mso-tab-count: 1"><SPAN style="mso-tab-count: 1"><SPAN style="mso-tab-count: 1"><SPAN style="mso-tab-count: 1"><SPAN style="mso-tab-count: 1"><SPAN style="mso-tab-count: 1"><SPAN style="mso-tab-count: 1"><SPAN style="mso-tab-count: 1"><SPAN style="mso-tab-count: 1"><SPAN style="mso-tab-count: 1"><SPAN style="mso-tab-count: 1"><SPAN style="mso-tab-count: 1"><SPAN style="mso-tab-count: 1"><SPAN style="mso-tab-count: 1"></SPAN></SPAN></SPAN></SPAN></SPAN></SPAN></SPAN></SPAN></SPAN></SPAN></SPAN></SPAN></SPAN></SPAN></SPAN></SPAN></SPAN></SPAN></SPAN></SPAN><SPAN style="mso-tab-count: 1"></SPAN>Charles Jones, Member</SPAN></P>

<P>Chairman McElhaney called the meeting to order at 6:37 P.M. on Wednesday, March 13, 2002. All members were present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 03-13-02<BR></STRONG>Jones made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5006, 5007, 5008, 5009, 5010 and 5011. Orders are on file in the office of the County Clerk.</LI></UL> <P><STRONG>PUBLIC WORKS 03-13-02<BR></STRONG>The Board conducted a discussion of road issues. Keith Browning, Director of Public Works/County Engineer, led the discussion outlining the following issues:</P> <P>I. Maintenance of County Routes<BR>A. Existing County Route System</P> <P>1. Pavement structure of county routes<BR>A. Aggregate base w/multiple chip seals<BR>B. A.C. overlays<BR>C. A.C. patches<BR>D. Concrete<BR>E. Crushed aggregate</P> <P>2. Traffic counts and characteristics</P> <P>B. Current pavement maintenance practices<BR>1. In-house<BR>A. Patching<BR>B. Crack sealing<BR>C. Routine aggregate road maintenance<BR>2. Contracted<BR>A. Chip seals<BR>B. Overlays</P> <P>C. Cost effectiveness of current maintenance practices<BR>1. Maintenance vs. rehabilitation or reconstruction<BR>2. "Worst-first' vs. preservation of good pavements</P> <P>II. Possibilities for reducing the growth of road maintenance costs<BR>A. Reduce maintenance activities1/2<BR>B. County Unit road system1/2<BR>C. User fees</P> <P>III. Road Planning<BR>A. Road Classification<BR>B. Entrance spacing/frontage requirements based on road classifica tion<BR>C. Individual vs. Shared Entrances</P> <P>Browning also presented several documents pertaining to the discussion. No action was taken.</P> <P><STRONG>PUBLIC WORKS &amp; AGREEMENTS 03-13-02</STRONG><BR>Browning then presented agreements for the relocation of utilities for the Route 442 project. Jones made a motion to approve the agreements with Rural Water District #3 in the amount of $118,339; and Kaw Valley Electric in the amount of $59,500 for utility relocation. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>ACCOUNTS PAYABLE 03-13-02</STRONG><BR>Jones made a motion that whichever Commissioner is available be authorized to sign accounts payable through March 27, 2002 since there will be no meeting until that time. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>APPOINTMENTS 03-13-02<BR></STRONG>Johnson made a motion to appoint Jan Bellinger, 636 E 1600 Road, Baldwin City, Kansas, as Clerk of Palmyra Township. It should be noted that Ms. Bellinger is replacing Alice Randel who resigned. Motion was seconded by Jones and carried unanimously.</P> <P>McElhaney moved for adjournment; Johnson seconded and the motion carried unanimously.</P> <P>_____________________________ _____________________________<BR>Jere McElhaney, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk Charles Jones, Member</P>

<P>Chairman McElhaney called the meeting to order at 6:38 P.M. on Wednesday, March 27, 2002. All members were present. The Pledge of Allegiance was recited.</P> <P>Jones made a motion to approve the minutes of October 29 and November 5, 2001. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>CONSENT AGENDA 03-27-02</STRONG><BR>Johnson made a motion to approve the Consent Agenda as follows:</P> <UL> <LI>Approve Resolution No. 02-07 granting a beer license to Clinton Store; and</LI> <LI>Authorize the Chair to execute Contracts for Highway Purposes be tween Douglas County, Kansas and Ben A. Tibbits and Shirley A. Tibbits, husband and wife; Douglas County, Kansas and Philip L. Barlow, a single person; Douglas County, Kansas and James D. Shultz, Jr. and Mary M. Shultz, husband and wife; Douglas County, Kansas and Floyd W. and Regina E. Andrew, husband and wife; and Douglas County, Kansas and Leonard Newby and Constance Newby, husband and wife, for Project No. 23C-3472-01, County Route 442, Stull Road.</LI></UL> <P>Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PARKS 03-27-02</STRONG><BR>McElhaney discussed the possibility of using volunteers to conduct a test plot of conversion of brush to grassland at Wells Overlook Park. It was the consensus of the Commission to proceed.</P> <P><STRONG>PUBLIC WORKS &amp; AGREEMENTS 03-27-02</STRONG><BR>Keith Browning, Director of Public Works/County Engineer, presented a coopera tion agreement between Douglas County, Kansas and the City of Eudora, Kansas. The City of Eudora has opened bids for the reconstruction of Winches ter Road (E 2100 Road) from the K-10 bridge north to Route 442. The existing rock surfaced road will be reconstructed to a curb and gutter, city collector-type roadway. The apparent low bidder submitted a base bid of $695,225.75. Bids were also taken on several alternates for which would approximately total an additional $200,000. The City of Eudora has requested that Douglas County Public Works provide construction engineering services for this project. They propose to reimburse the County for 2/3 of our personnel and equipment costs and 100% of our out-of-pocket costs to provide these services. In addition, the City of Eudora requests that Douglas County contribute $200,000 towards the cost of construction for this project. These funds are programmed in the Capital Improvements Plan for this purpose. Rex Burkhardt, President of the Eudora City Council, made comments on behalf of the City. Jones made a motion to approve the Cooperation Agreement between Douglas County, Kansas and the City of Eudora, Kansas, for partially financing construction and providing construction engineering services for the Winchester Road (E2100 Road) reconstruction project. Johnson seconded and the motion carried unanimously.</P> <P><STRONG>BUDGET 03-27-02</STRONG><BR>The Board conducted a preliminary discussion of the County Budget preparation for 2003. No action was taken.</P> <P><STRONG>ACCOUNTS PAYABLE 03-27-02</STRONG><BR>McElhaney made a motion to authorize accounts payable in the amount of $170,726.28, to be paid 3/25/02; accounts payable manual checks in the amount of $2,558.14; payroll in the amount of $574,719.55; and electronic funds trans fers in the amounts of $35,247.73 for KPERS, and $42,890.91 for FICA, to be paid 3/22/02.</P> <P>Johnson made a motion for adjournment. Jones seconded and motion carried unanimously.</P> <P>_____________________________ _____________________________<BR>Jere McElhaney, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk Charles Jones, Member</P>

<P>Chairman McElhaney called the meeting to order at 6:35 P.M. on Wednesday, April 3, 2002. All members were present. The Pledge of Allegiance was recited.</P> <P>Jones made a motion to approve the minutes of November 12, 2001. Johnson seconded and the motion carried unanimously.</P> <P><STRONG>PROCLAMATION 04-03-02</STRONG><BR>Chairman McElhaney read a Proclamation proclaiming April 1-7, 2002 as Public Health Week. Johnson made a motion to adopt the Proclamation as read; Jones seconded and the motion carried unanimously.</P> <P>Chairman McElhaney then read a Proclamation proclaiming the month of April as Fair Housing Month. Jones made a motion to adopt the Proclamation as read; Johnson seconded and the motion carried unanimously.</P> <P><STRONG>CONSENT AGENDA 04-03-02</STRONG><BR>Johnson made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5012, 5013, and 5014. Orders are on file in the office of the County Clerk;</LI> <LI>Approve sixteen (16) Out-District College Tuition Statements in the amount of $115,422;</LI> <LI>Accept the bid received from Deems Farm Equipment in the amount of $11,932 the purchase of one (1) John Deer 5420 Tractor ($18,524 for the tractor; $8,523 for flex-wing finishing mower, less $15,115 for trade-in allowance); and</LI> <LI>Declare that the drug dog has no residual value because of its age and authorize that the dog be given to his handler, Cpl. Gayland Guinn.</LI></UL> <P>Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>RESOLUTIONS &amp; TAX MATTERS 04-03-02</STRONG><BR>The Board considered approval of a resolution ordering the County Counselor to institute a Judicial Tax Foreclosure Action in the District Court of Douglas County, Kansas. Pat Wells, Douglas County Treasurer, was present for the discussion. Johnson made a motion to approve Resolution No. 02-08 ordering said action, seconded by Jones and carried unanimously.</P> <P><STRONG>MISCELLANEOUS 04-03-02</STRONG><BR>The Board discussed a request received from the Grant Four Decades Celebra tion Planning Committee Members asking for special permission to include fireworks in a reunion/community celebration planned for the final day of school on May 24, 2002, at Grant School. Julie Boyle, Director of Communications for the Lawrence Public Schools explained that in October 2001, the Lawrence Board of Education voted to close Grant School due to declining enrollment. The building's history dates back to 1961. The Board of Education decided that a community celebration would be fitting in order to recognize the rich, 40-year history of Grant School and a committee was appointed to plan the celebration. Grant students are working on display materials depicting "student life through the years." They are surveying former students and staff about their memories of Grant School and requesting photos and other memorabilia be sent for display during the Open House. Other activities planned for the evening include a sixth- grade graduation ceremony, a community potluck supper, student entertainment, and a live band. One of the committee's goals is to create a celebratory atmo sphere at this event in appreciation of the school community's unwavering support of and long-standing commitment to the education of Grant students. The committee feels that Grant School should "go out with a bang." Marvin Pine, a veteran Douglas County fireworks vendor, will be responsible for the fireworks display which will be lit at a safe distance from the partyg&#160;rs. This is a non- alcoholic, family-style event. Jones made a motion that staff be directed to prepare a resolution authorizing the fireworks display for this celebration. Johnson seconded and the motion carried unanimously.</P> <P><STRONG>PUBLIC WORKS 04-03-02</STRONG><BR>The Board discussed a request from the Palmyra Township Board to rescind the "minimum maintenance" designation currently in effect for a portion of N 175 Road, between 2031E and E2050 Road. Keith Browning, Director of Public Works/County Engineer, explained the process for rescinding a minimum maintenance designation. Palmyra Township conducted a public hearing regarding the reversal of the designation. The Township then submitted a Certificate of Opinion with the recommendation that the designation be re scinded. The Board of County Commissioners then makes a decision as to whether it should be sent to the Planning Commission requesting their recom mendation. Browning also explained that the road is in an area east of Baldwin, southeast of the Boyd Prairie Reserve Area. Once this order is effective, it would be Palmyra Township's responsibility to maintain the road. Jones asked why the township was requesting the reversal. Browning stated his assumption was a developer was planning to build some houses. Jones stated that it should be the responsibility of the developer to improve the road, not the taxpayers. Johnson stated that he understood Jones' position but noted that under the present form of government, this was really the township's responsibility which makes this sort of an argument for a unit road management system so there is consistency throughout the County. Browning added that each township views these issues differently. Jones suggested that this item be tabled for one week and invite A.J. Barrett, Palmyra Township Trustee, to the Commission meeting to address these concerns. Johnson suggested that this be moved forward asking Browning to communicate this conversation with Mr. Barrett since this isn't the final step. Johnson noted his reluctance to delay this since this is really Palmyra Town ship's responsibility and he didn't want to convey the message that the Commis sion is trying to take over their decisions for roads. Jones stated that he under stood Johnson's rationale but it's hard to convey to the taxpayers the distinction between decisions made by the County and the Cities and Townships. Johnson then made a motion to approve Resolution No. 02-09 initiating the process to consider rescinding the "Minimum Maintenance" designation for a portion of N 175 Road and requesting a recommendation from the Planning Commission. Motion was seconded by McElhaney and carried with Jones voting nay.</P> <P><STRONG>ACCOUNTS PAYABLE 04-03-02<BR></STRONG>Johnson moved approval of accounts payable in the amount of $515,321.32 to be paid 4/1/02; and accounts payable manual checks in the amount of $1,448.25. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>APPOINTMENT 04-03-02</STRONG><BR>Johnson made a motion to appoint Chuck Wright, P.O. Box 107, Lecompton, Kansas, to the Senior Advocacy Council on Aging Board for a three-year term. Jones seconded and the motion carried unanimously.</P> <P>McElhaney made a motion for adjournment. Jones seconded and motion carried unanimously.</P> <P>_____________________________ _____________________________<BR>Jere McElhaney, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk Charles Jones, Member</P>

<P>Chairman McElhaney called the meeting to order at 6:35 P.M., on Wednesday, April 10, 2002. All members were present. The Pledge of Allegiance was recited.</P> <P>Jones made a motion to approve the minutes of November 14, 2001. Johnson seconded and the motion carried unanimously.</P> <P><STRONG>CONSENT AGENDA 04-10-02</STRONG><BR>Johnson made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order No. 5015. Order is on file in the office of the County Clerk;</LI> <LI>Authorize Notice to Clinton Township regarding application from Linda Steele for a temporary license to sell malt beverages at retail;</LI> <LI>Approve Resolution No. 02-10 amending the administrative structure of Douglas County Community Corrections directing the supervision of the employees of Douglas County Community Corrections to the Chief Judge of the 7th Judicial District of the State of Kansas; and</LI> <LI>Accept the low bid for magnesium chloride from Scotwood Industries at a unit cost of $0.371 per gallon for the user fee dust palliative program.</LI></UL> <P>Jones seconded and the motion carried unanimously.</P> <P><STRONG>PLANNING 04-10-02</STRONG><BR>The Board discussed the possibility of setting up separate planning commis sions. Linda Finger, Director of the Lawrence-Douglas County Metropolitan Planning Department, was present for the discussion. Melinda Henderson offered a copy of the League of Women Voters' study of planning commission issues. Larry Francq, Chairman of the Baldwin City Planning Commission made brief comments. It was the consensus of the Commission not to pursue the possibility of setting up separate planning Commissions.</P> <P><STRONG>EMERGENCY COMMUNICATIONS &amp; PURCHASING 04-10-02</STRONG><BR>Jim Denney, Director of Emergency Communications, presented a request to acquire three (3) public safety emergency radio base stations. In the March 2002 meeting, the Douglas County 911 Advisory Board recommended that 911 Fee Funds be expended to purchase and install:</P> <P>(1) VHF radio repeaters to be used for fire and medical communications in the southern portion of Douglas County; and<BR>(2) 800 MHz radio repeater to expand the trunk system used for law enforcement communications countywide.</P> <P>Johnson made a motion that the Director of Emergency Communications be authorized to establish and put forth a request for approval for two (2) VHF base station repeaters to be installed in the Baldwin area for use of rural fire agencies and Lawrence-Douglas County Fire and Medical. Costs will be approximately $17,000 each to be funded by available 911 Fee Funds; and that the Purchasing Policy be waived authorizing the purchase of one (1) 800 MHz Trunking Re peater to increase trunking capabilities of the existing trunk radio system from State of Kansas Contract #28440. Cost will be $18,074.61 to be funded by available 911 Fee Funds. Jones seconded and the motion carried unanimously.</P> <P><STRONG>ACCOUNTS PAYABLE 04-10-02</STRONG><BR>McElhaney moved approval of accounts payable in the amount of $209,542.87 to be paid 4/8/02; accounts payable manual checks in the amount of $2,588.14; payroll in the amount of $557,459.40; and electronic funds transfers in the amounts of $41,606.13 for FICA, and $34,053.48 for KPERS, to be paid 4/5/02. Jones seconded and the motion carried unanimously.</P> <P><STRONG>APPOINTMENTS 04-10-02</STRONG><BR>McElhaney made a motion to appoint Carl McElwee, 1564 E 1850 Road, Law rence, KS, to the Lawrence-Douglas County Health Board for a three-year term. It should be noted that Mr. McElwee replaces A.J. Rowell who was not eligible for reappointment. Jones seconded and the motion carried unanimously.</P> <P><STRONG>EMERGENCY MANAGEMENT &amp; GRANTS 04-10-02</STRONG><BR>Paula Phillips, Director of Emergency Management, presented a request for authorization the filing of the Office of Justice Domestic Preparedness Terrorism Equipment Support grant. In January 2001, the Office of Judicial Programs Domestic Preparedness Division granted $2 million to the State of Kansas for the purchase of equipment for the response to acts of terrorism. The Kansas High way Patrol administers the grant and Douglas County has received notification of the allocation amount for first responders in Douglas County. Jones made a motion to authorize the filing of the Office of Justice Domestic Preparedness Terrorism Equipment Support grant, and authorize and direct Paula Phillips, Douglas County Emergency Management Director, as the official representative of the County for all activities associated with the grant.</P> <P>McElhaney moved for adjournment. Jones seconded and the motion carried unanimously.</P> <P>_____________________________ _____________________________<BR>Jere McElhaney, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk Charles Jones, Member</P>

<P>Chairman McElhaney called the meeting to order at 9:03 A.M. on Monday, April 15, 2002. All members were present. The Pledge of Allegiance was recited.</P> <P>Jones made a motion to approve the minutes of November 12, 2001. Johnson seconded and the motion carried unanimously.</P> <P><STRONG>CONSENT AGENDA 04-15-02</STRONG><BR>Johnson made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order No. 5016. Order is on file in the office of the County Clerk.</LI></UL> <P>Jones seconded and the motion carried unanimously.</P> <P><STRONG>COMMUNITY CORRECTIONS &amp; GRANTS 04-15-02</STRONG><BR>The Board considered approval of the Application for Grant Funds for Fiscal Year 2003 for Community Corrections. Ron Stegall, Chief Executive Probation Officer, made a brief presentation of significant events and changes in the program. Jones made a motion to approve the Application for Grant Funds for Fiscal Year 2003; Johnson seconded and the motion carried unanimously.</P> <P><STRONG>COMMUNITY CORRECTIONS 04-15-02</STRONG><BR>Stegall then presented a request for approval of use of reimbursements for Community Corrections. Stegall explained that reimbursements are the those moneys that come to Community Corrections from several sources including Anger Management Class fees, drug and alcohol testing costs, electronic monitoring costs, program fees, etc. These are moneys that are collected by Community Corrections directly from the offender for services provided which have these additional fees or costs attached. In the past, reimbursements remained with the local agency to use as they determined. Since all other funds not spent (unexpended funds) are taken back by the Kansas Department of Corrections (KDOC) at the end of every fiscal year, reimbursements have been the one, and only, source of funds available which could function as a kind of "savings account" for the agency in times of emergency or shortfall, or any other need that is not covered in the normal Community Corrections yearly grant. Over the past few years these funds have been kept separate and available for use to maintain, as much as possible, the present level of staff. A modest amount of approximately $20,000 has been accumulated. During this past year, KDOC proposed new regulations which would treat reimbursements as if they were unexpended funds. In other words, KDOC would begin taking back all reimburse ments each year like they do with unexpended funds. There was a very negative reaction so this proposed regulation around the state, and in the end, KDOC backed off this regulation. Instead, as a compromise, they adopted a regulation that states that the local Community Corrections agencies will be allowed to continue to keep reimbursements at the local level as long as the local agency has approval of both the Advisory Board and the County Commission as to how these funds are to be spent. Stegall presented a Signatory Approval to be executed by the Chair indicating that the Douglas County Commission has reviewed and approved that until further notice, that all Douglas County Commu nity Corrections reimbursements be used for the present and future use of personnel expenses, including salary, benefits and training. Jones then made a motion to authorize the Chair to execute the Signatory Approval; Johnson seconded and the motion carried unanimously.</P> <P><STRONG>ACCOUNTS PAYABLE 04-15-02</STRONG><BR>Jones moved approval of accounts payable in the amount of $284,826.89 to be paid 4/15/02. Motion was seconded by Johnson and carried unanimously.</P> <P>McElhaney made a motion for adjournment. Jones seconded and motion carried unanimously.</P> <P>_____________________________ _____________________________<BR>Jere McElhaney, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk Charles Jones, Member</P>

<P>Chairman McElhaney called the meeting to order at 6:37 P.M., on Wednesday, April 17, 2002. All members were present. The Pledge of Allegiance was recited.</P> <P><STRONG>PROCLAMATION 04-17-02<BR></STRONG>McElhaney read a proclamation proclaiming the week of April 21-27, 2002, as "Crime Victims' Rights Week" in Douglas County. Johnson made a motion to adopt the proclamation as read; Jones seconded and the motion carried unani mously.</P> <P><STRONG>CONSENT AGENDA 04-17-02</STRONG><BR>Jones made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order No. 5017. Order is on file in the office of the County Clerk; </LI> <LI>Note receipt of fee reports for the month of February; and</LI> <LI>Approve the following Lone Star Lake Skiing Dates for 2002:</LI></UL> <P> <TABLE borderColor=black cellSpacing=0 cellPadding=0 align=center border=1> <TBODY> <TR> <TD style="WIDTH: 400px; HEIGHT: 20px" colSpan=2><STRONG>May</STRONG> <STRONG>27 thru July 20, 2002, from 10:00 A.M. until 9:00 P.M. on Tuesday, Wednesday, and Thursday of each week and also on the following dates:</STRONG></TD></TR> <TR> <TD style="WIDTH: 162px">May 27 (Mon — Memorial Day)</TD> <TD>June 30 (Sun)</TD></TR> <TR> <TD style="WIDTH: 162px; HEIGHT: 20px">June 2 (Sun)</TD> <TD>Jul 6 (Sat)</TD></TR> <TR> <TD style="WIDTH: 162px; HEIGHT: 20px">Jun 8 (Sat)</TD> <TD>July 14 (Sun)</TD></TR> <TR> <TD style="WIDTH: 162px; HEIGHT: 20px">Jun 16 (Sun)</TD> <TD>Jul 20 (Sat)</TD></TR> <TR> <TD style="WIDTH: 162px">Jul 22 (Sat)</TD> <TD></TD></TR> <TR> <TD colSpan=2> <P><STRONG>10:00 A.M. until 8:00 P.M. on Tuesday, Wednesday, andThursday of<BR></STRONG><STRONG>each week and also on the following dates:</STRONG></P></TD></TR> <TR> <TD style="WIDTH: 162px">Jul 28 (Sun) </TD> <TD>Aug 25 (Sun)</TD></TR> <TR> <TD style="WIDTH: 162px">Aug 3 (Sat) </TD> <TD>Aug 31 (Sat)</TD></TR> <TR> <TD style="WIDTH: 162px">Aug 11 (Sun) </TD> <TD>Sep 2 (Mon — Labor Day)</TD></TR> <TR> <TD style="WIDTH: 162px">Aug 17 (Sat) </TD> <TD></TD></TR> <TR> <TD colSpan=2><STRONG>10:00 A.M. until 6:00 P.M. on the following dates:</STRONG></TD></TR> <TR> <TD style="WIDTH: 162px">Sep 7 (Sat)</TD> <TD>Sep 21 (Sat)</TD></TR> <TR> <TD style="WIDTH: 162px; HEIGHT: 20px">Sep 15 (Sun)</TD> <TD></TD></TR></TBODY></TABLE></P> <P>Johnson seconded and the motion carried unanimously.<BR><BR><STRONG>PLANNING 04-17-02</STRONG><BR>The Board considered Item No. 10 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated March 27, 2002. This item is CUP-02-01-02: A Conditional Use Permit request for truck storage of a mobile washing company on 8.33 acres generally located east of U.S. Highway 59, approximately 1/2 mile south of Zarco 66 gas station, also known as 602 E 1250 Road. Requested by Michael A. &amp; Cheryl A. Flory, property owners of record. Mark Wilson, staff member of the Lawrence-Douglas County Metropolitan Planning Department, was present for the discussion. Mike Flory, property owner, was also present for the discussion. This item comes to the Board with a unanimous recommendation for approval based on the following Findings of Fact:</P> <P>Zoning and uses of property nearby. The subject property is located on the southeast corner of N 650 Road and U.S. Highway 59. The properties on all sides are zoned A (Agricultural) District, except for a small parcel to the west which is zoned B-2 (General Business) District, and are primarily undeveloped agriculture uses except the convenience store and scattered single-family residences in all directions.</P> <P>Character of the area. The subject property is outside of the Urban Grown Boundary for the City of Lawrence. It is approximately 8 acres in size and as stated above, surrounding uses are primarily agricultural. Specifically, the production of soybeans, wheat, and alfalfa hay predominate, except for a convenience store located on the southwest corner of the intersection of U.S. 59 Highway and N 650 Road. There are also approximately 16 residential homes within one-half mile of the perimeter of the site.</P> <P>Suitability of subject property for uses to which it has been restricted. A Conditional Use Permit (CUP) d&#160;s not change the underlying zoning and as such, the suitability of the property for agricultural uses will not be altered. The current A (Agricultural) zoning designation for the property allows many different non-agricultural uses including public uses and structures, churches, schools, and limited commercial uses related to agriculture.</P> <P>The existing conditional use of the site as a private airstrip and hangar (CUP-1-1- 89) is compatible with the property's current zoning of A (Agricultural) District. The additional storage of trucks for a limited time is also compatible with the current zoning and with the surrounding properties if all conditions of approval are met.</P> <P>Length of time subject property has remained vacant as zoned. The subject area has been zoned A (Agricultural) District and has been in agricultural use since the adoption of zoning regulations in the unincorporated portions of Douglas County in 1966. The subject parcel maintains a limited agricultural use, with the additional use as an airstrip and hangar approved as a CUP in 1989.</P> <P>Extent to which removal of restrictions will detrimentally affect nearby property. Approval of the request will not impact the surrounding area by way of increased non-residential traffic to the adjacent highway. The site is partially screened to reduce any visual impacts on adjacent properties, and typically garners fewer than 5 individual vehicles driving in and out of the location per day. Staff d&#160;s not anticipate significant detrimental impacts upon nearby properties from the storage of trucks inside the existing building as the use is currently existing and no such impacts have been documented.</P> <P>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 zoning district will not be altered by approval of the request. Staff recommends that the approval period be limited to assure that the impacts from the truck storage are not increased over time or given the same permanency as a rezoning of the property would confer.</P> <P>Conformance with the Comprehensive Plan. The Comprehensive Plansupports the retention of industrial uses and limited expansion of existing industrial districts outside of an urban area. A Conditional Use Permit can be used to establish new or temporary areas for certain non-residential uses, subject to approval of a site plan. This tool allows proportional development in harmony with the surrounding area. As recommended by Horizon 2020, the proposed request is, in the short term, consistent with the Comprehensive Plan. As a more detailed study of industrial locations is completed for the unincorpo rated area, the longevity of the appropriateness may be affected.</P> <P>AND subject to the following conditions:</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>1. The application be approved for no more than a 5-year period.<BR>2. Limit the number of employees to no more than 10, which will limit the possible adverse impacts on surrounding properties.<BR>3. All mobile washing trucks must be stored inside the building and any non-agricultural equipment stored outside the building must be screen ed from view.<BR>4. Submission of a revised site plan that includes:<BR>a. A legal description of the property.<BR>b. Landscaping location and size of all perimeter and interior land scaping, including grass, ground cover, trees and shrubs.<BR>c. Show utility and easement locations.<BR>d. Show proposed location, indicate direction, and list amount of illumination of proposed lighting.<BR>e. Show location of each outdoor storage area.<BR>f. Show topography by contour lines of not more than five feet inter vals.<BR>g. The location and dimensions of existing and proposed structures that indicate the number of stories, gross floor area, and entrances to all structures.<BR>h. Show the location of all parking, loading, and walkway areas.<BR>i. List the type of surfacing and base course proposed for all parking, loading, and walkway areas.<BR>j. Indicate the number of employees and required parking spaces on site plan.</P></BLOCKQUOTE> <P>Jones raised concerns about the run-off of the wash water. Mr. Flory indicated they had systems that capture the water when necessary but it typically g&#160;s into the ground and is filtered by the grass. </P> <P>Jones made a motion that the Conditional Use Permit request be approved subject to the above conditions amending Condition 3 to read as follows:</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>3. Any non-agricultural equipment stored outside the building shall be screened by trees or a fence that is a minimum of 4' high to screen from the view east of the site.</P></BLOCKQUOTE> <P>Johnson seconded and the motion carried unanimously.</P> <P><STRONG>PUBLIC WORKS 04-17-02</STRONG><BR>Keith Browning, Director of Public Works/County Engineer, presented the five- year plan project list for federally assisted projects. Browning explained that the Kansas Department of Transportation (KDOT) annually requests that counties update the projects included in the county portion of the Statewide Transporta tion Improvement Program (STIP). These are projects for which the county wishes to use federal funding assistance (typically 80% federal, 20% local) in an amount not to exceed the obligation authority for each county. The projects currently on Douglas County's list are as follows:</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>(1) Route 442 from E 318 Road to Route 1029 — spot location grading for improved sight distance, addition of shoulders, flattening frontslopes, extending or replacing culverts, and construction of one bridge.<BR>(2) Route 1029 from Route 438 to Lecompton — similar scope to Project (1) without the bridge construction. Includes reconfiguration of Route 1029/Route 438 intersection to a curved alignment.<BR>(3) Route 438 from Route 1029 east six miles to E 1200 — Addition of shoulders, flattening frontslopes (where needed), extending or replac ing culverts (where needed), construction of two bicycle bridges, and spot location grading for improved sight distance between K-10 High way and Route 1029.<BR>(4) Bridge replacement on Route 1055 approximately 3/4 mile south of Route 458 — replace bridge and improve approach roadway align ment.</P></BLOCKQUOTE> <P>Browning recommended that a fifth project be added to the five-year plan. This would be a full deck replacement for the Kansas River bridge at Lecompton. This deck has been patched numerous times, and a recent inspection revealed further delaminated areas. The steel superstructure and concrete substructure are in good condition. The proposed project would be similar to the deck replace ment project for the Kansas River bridge at Eudora completed a few years ago. The project would entail removing the deck, installing welded stud anchors to the top flanges of the steel girders, removing existing lead-based paint and repaint ing the superstructure, and constructing a new, wider concrete deck. The big difference from the Eudora bridge project is that the Perry/Lecompton school district crosses this bridge daily, and the project may require construction under traffic. This will increase both the construction time required and the cost of the project. In 2002 dollars, the estimated cost of this bridge deck replacement project is $2,831,000, which includes a 10% contingency. Browning noted that a Request for Construction Form for this project with the projected project cost in the year 2007 would need the Board's approval. This bridge is situated on the Jefferson County line, so an agreement with Jefferson County would be pursued to share local costs. </P> <P>McElhaney asked for public comment. No comments were made. Johnson made a motion to approve the projects as recommended by the Director of Public Works and approve the Request for Construction Project form for the proposed deck replacement on the Kansas River bridge at Lecompton. Jones seconded and the motion carried unanimously.</P> <P>Craig Weinaug, County Administrator, reported that KDOT has scheduled a public meeting regarding Highway 59 on April 30, 2002, in Baldwin City.</P> <P>Richie Kennedy then made comments regarding Highway 59. </P> <P>McElhaney moved for adjournment. Johnson seconded and the motion carried unanimously.</P> <P>_____________________________ _____________________________<BR>Jere McElhaney, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk Charles Jones, Member</P>

<P>Chairman McElhaney called the meeting to order at 9:05 A.M on Monday, April 22, 2002. All members were present. The Pledge of Allegiance was recited.</P> <P>Jones made a motion to approve the minutes of November 9, November 14, and December 10, 2001. Johnson seconded and the motion carried unanimously.</P> <P><STRONG>CONSENT AGENDA 04-03-02</STRONG><BR>Johnson made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Resolution No. 02-11 granting a beer license to Linda Steele.</LI></UL> <P>Jones seconded and the motion carried unanimously.</P> <P><STRONG>INSURANCE 04-22-02</STRONG><BR>The Board considered changes to the 2002-2003 health insurance plan. Pam Madl, Director of Administrative Services, was present for the discussion. During the 2002 budget session, the Board recommended (and it was budgeted) that beginning on June 1 all employees would pay an additional $25.00 out-of-pocket toward their premium payment. This means that employees who carry individual coverage will now pay a $25.00 monthly premium ($12.50 per paycheck) for health insurance. Because the Health Insurance Committee recognizes the growing costs of medical and pharmacy coverages, they endorsed this recom mendation. Additionally, the committee recommends that the Board approve a separate plan for retiree coverage. These recommendations come to the Board following a review of retiree plan utilization and of other plans available to retirees. This recommended plan would be similar to the employee plan, but with the following differences:</P> <P> <TABLE borderColor=black cellSpacing=0 cellPadding=0 border=1> <TBODY> <TR> <TD style="WIDTH: 300px; HEIGHT: 20px"><STRONG>Pharmacy co-pays:</STRONG></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=right><STRONG>Employee Plan</STRONG></P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=right><STRONG>Retiree Plan</STRONG></P></TD></TR> <TR> <TD style="WIDTH: 300px; HEIGHT: 20px">Brand Name</TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=right>$20.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=right>$30.00</P></TD></TR> <TR> <TD style="WIDTH: 300px; HEIGHT: 20px">Generic</TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=right>$7.50</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=right>$15.00</P></TD></TR></TBODY></TABLE></P> <P> <TABLE borderColor=black cellSpacing=0 cellPadding=0 border=1> <TBODY> <TR> <TD style="WIDTH: 416px; HEIGHT: 20px"><STRONG>Premiums (15% increase for retirees):</STRONG></TD> <TD style="WIDTH: 212px; HEIGHT: 20px"> <P align=center><STRONG>Total Premium</STRONG></P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center><STRONG>Employee Portion</STRONG></P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center><STRONG>Retiree Portion</STRONG></P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center><STRONG>Retiree Monthly Increase</STRONG></P></TD></TR> <TR> <TD style="WIDTH: 416px; HEIGHT: 20px">Retiree Only</TD> <TD style="WIDTH: 212px; HEIGHT: 20px"> <P align=center>$367.50</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$25.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$230.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$30.00</P></TD></TR> <TR> <TD style="WIDTH: 416px; HEIGHT: 20px">Retiree +1</TD> <TD style="WIDTH: 212px; HEIGHT: 20px"> <P align=center>$718.03</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$162.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$387.55</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$50.55</P></TD></TR> <TR> <TD style="WIDTH: 416px; HEIGHT: 20px">Family</TD> <TD style="WIDTH: 212px; HEIGHT: 20px"> <P align=center>$1,032.69</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$225.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$460.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$60.00</P></TD></TR></TBODY></TABLE></P> <P><BR>The following table explains the additional monthly and annual out-of-pocket expenses for retires:</P> <P> <TABLE borderColor=black cellSpacing=0 cellPadding=0 border=1> <TBODY> <TR> <TD style="WIDTH: 300px; HEIGHT: 20px"></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center><STRONG>Additional Monthly Out-of-Pocket</STRONG></P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center><STRONG>Additional Annual Out-of-Pocket</STRONG></P></TD></TR> <TR> <TD style="WIDTH: 300px; HEIGHT: 20px">Retiree Only</TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$53.22</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$638.64</P></TD></TR> <TR> <TD style="WIDTH: 300px; HEIGHT: 20px">Retiree +1</TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$96.99</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$1,163.88</P></TD></TR> <TR> <TD style="WIDTH: 300px; HEIGHT: 20px">Family</TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$129.66</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$1,555.92</P></TD></TR></TBODY></TABLE><BR>McElhaney expressed concern for increased out-of-pocket expenses for the retirees since they are on a fixed income. Jones made a motion to approve the Health Insurance Plan as recommended; seconded by Johnson and carried. McElhaney voted nay due to his concern for the increase for the retirees.</P> <P><STRONG>APPOINTMENTS 04-22-02</STRONG><BR>Johnson made a motion to appoint Jane Bireta, 2010 E 1600 Road, Lawrence, KS, to the Douglas County Fair Board to represent Grant Township. It should be noted that Ms. Bireta replaces Steve Miles who resigned due to relocation.</P> <P><STRONG>ACCOUNTS PAYABLE 04-22-02</STRONG><BR>Johnson made a motion to authorize accounts payable in the amount of $318,697.94 to be paid 4/22/02; accounts payable manual checks in the amount of $2,558.14; payroll in the amount of $535,621.18; and electronic funds trans fers in the amounts of $32,528.65 for KPERS and $39,918.63 for FICA to be paid 4/19/02. Jones seconded and the motion carried unanimously.</P> <P>McElhaney made a motion for adjournment. Jones seconded and motion carried unanimously.</P> <P>_____________________________ _____________________________<BR>Jere McElhaney, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member</P>

<P>Chairman McElhaney called the meeting to order at 9:03 A.M., on Monday, April 29, 2002. All members were present. The Pledge of Allegiance was recited.</P><B> <P>PROCLAMATION 04-29-02</P></B> <P>McElhaney read a proclamation proclaiming the month of May as "Mental Health Month" in Douglas County, Kansas. Johnson made a motion to adopt the proclamation as read; Jones seconded and the motion carried unanimously.</P> <P>McElhaney read a proclamation proclaiming the week of May 5-11, 2002, as "Suicide Prevention Week" in Douglas County, Kansas. Marsha Epstein, Director of Headquarters Counseling Center, made brief comments. Jones made a motion to adopt the proclamation as read; Johnson seconded and the motion carried unanimously.</P><B> <P>CONSENT AGENDA 04-29-02</P></B> <P>Jones made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5018 and 5019. Orders are on file in the office of the County Clerk.</LI></UL> <P>Johnson seconded and the motion carried unanimously.</P><B> <P>PLANNING 04-29-02</P></B> <P>The Board considered SP-03-18-02: a site plan for an addition to the Vinland Elementary School located on the north side of N 700 Road (County Road 460), at 702 E 1747 Road. Submitted by Bill Woodhouse for Baldwin City USD #348, property owner of record. Brian Pedrotti, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented this item. The applicant proposes to construct an addition to the Vinland Elementary School at 702 E 1747 Road near Vinland. The property is located within an A (Agricultural) District, a district that allows agricultural uses as well as numerous community and public uses such as hospitals, churches, parks, and schools. The Zoning Regulations allows schools in the A District as permitted uses. The proposed site plan meets the requirements of the A zoning district. </P> <P>The proposed site plan shows a deficit of 8 parking spaces on-site. The existing school has entered into an agreement with the Vinland Fair Association to the north to provide this additional parking for the site. The shared agreement includes the school’s use of a 150' by 100' parcel shown adjacent to the subject property, and must be referenced on the site plan with the book and page.</P> <P>The Kansas Department of Health and Environment has indicated that the existing lagoon on the property has the capacity to serve the proposed addition. Any future changes or expansions to the lagoon will require a permit from KDHE. The applicant will need to show the location of the lagoon on the site plan.</P> <P>Johnson made a motion to approve SP-03-18-02, subject to the following conditions:</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>1. Filing of the shared parking agreement with the Douglas County Register of Deeds and reference of book and page on the site plan prior to release of the plan to the County Zoning Administrator.</P> <P>2. Show the location of the lagoon system on the face of the site plan.</P> <P>3. Show the dimensions and striping of the parking lot, including driveway widths.</P> <P>4. Show one accessible parking space.</P></BLOCKQUOTE> <P>Jones seconded and the motion carried unanimously.</P><B> <P>PLANNING 04-29-02</P></B> <P>The Board considered approval of SP-03-19-02: a site plan for a gymnasium addition to the Marion Springs Elementary School located on the east side of E 900 Road, north of US 56, at 316 E 900 Road. Submitted by Bill Woodhouse for Baldwin City USD 348, property owner of record. Brian Pedrotti, staff member of the Lawrence-Douglas County Metropolitan Planning Department, also presented this item. The applicant proposes to construct an addition to the Marion Springs Elementary School at 316 E 900 Road. The addition is 14' X 64' (896 square feet), and is located on the east side of the existing building. The property is located within an A (Agricultural) District, a district that allows agricultural uses as well as numerous community and public uses such as hospitals, churches, parks, and schools. The Zoning Regulations allow schools in the A District as permitted uses. The proposed site plan meets the requirements of the A zoning district.</P> <P>The proposed site plan shows a total of 36 parking spaces. The proposed gymnasium addition serves as the main auditorium, and will have a maximum number of 300 seats, which will require 30 parking spaces.</P> <P>The Kansas Department of Health and Environment has indicated that the existing lagoon on the property has the capacity to serve the proposed addition. Any future changes or expansions to the lagoon will require a permit from KDHE. The applicant will need to show the location of the lagoon on the site plan.</P> <P>Johnson made a motion to approve SP-03-19-02 subject to the following conditions:</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>1. Provide existing and proposed topography.</P> <P>2. Show the location of the lagoon system on the face of the site plan.</P> <P>3. Provide a required parking calculation.</P> <P>4. Provide setback dimension on north property line.</P> <P>5. Provide building dimensions.</P> <P>6. Provide dimensions and striping of parking lot.</P> <P>7. Show one accessible parking space.</P></BLOCKQUOTE> <P>Motion was seconded by Jones and carried unanimously.</P><B> <P>INFORMATION TECHNOLOGY AND PURCHASING 04-29-02</P></B> <P>The Board discussed personal computer purchases for 2002. Jim Lawson, Coordinator of Information Technology, was present for the discussion. On March 11, 2002, Lawson requested permission to utilize the Western States Contracting Alliance (WSCA) contract for computer purchases. The Commission directed Lawson to contact local vendors for price comparisons. Lawson explained that letters were sent to four local computer makers/resellers requesting prices for a specific computer configuration and three responses were received. Prices were then compared with two of the vendors that could be utilized on the WSCA contract. The lowest price received locally was $904 from Microtech Computers while the lowest price on the WSCA contract was $876 for a price difference of $28 per system. Lawson recommended that the WSCA contract be utilized for purchasing computers in 2002. Jones noted that he would prefer to spend the dollars locally. McElhaney made a motion to waive the Purchasing Policy and accept the second lowest bid from Microtech Computers. Jones seconded and the motion carried unanimously.</P><B> <P>ACCOUNTS PAYABLE 04-29-02</P></B> <P>Jones moved approval of accounts payable in the amount of $459,149.70 to be paid 4/29/02. Johnson seconded and the motion carried unanimously.</P><B> <P>MISCELLANEOUS 04-29-02</P></B> <P>Craig Weinaug, County Administrator, presented a Notice to Clinton Township regarding an application from Linda Steele for a temporary license to sell malt beverages at retail. This was approved by the Board on April 10, 2002, but the dates have changed. Johnson moved approval of the Notice to Township, seconded by Jones and carried unanimously.</P> <P>McElhaney moved for adjournment. Jones seconded and the motion carried unanimously.</P> <P>_____________________________ _____________________________<BR>Jere McElhaney, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk Charles Jones, Member</P>

<P>Chairman McElhaney called the meeting to order at 6:38 P.M., on Wednesday, May 1, 2002. All members were present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 05-01-02</STRONG><BR>There were no consent items.</P> <P><STRONG>PUBLIC WORKS 05-01-02</STRONG><BR>Keith Browning, Director of Public Works/County Engineer and Co-Chair of the Traffic Safety Advisory Committee (TSAC), presented a Summary Report of the TSAC. Browning explained that one of the functions of the TSAC is public education on road and driver safety issues. The TSAC has identified several public education campaigns that it feels should be pursued. One of the cam paigns that the committee felt was important on which to educate drivers is the presence of Slow Moving Vehicles (SMV's) on roads in the unincorporated areas. The TSAC is developing a poster to be displayed in areas that are frequented by drivers of rural roads and by farmers and equipment operators who use the roadways for transporting SMV's. The TSAC would also like to place advertisements in the Lawrence Journal-World on the need to be alert for SMV's. Jones made a motion to approve expenditures by the County, if neces sary, to place advertisements for this purpose. Johnson seconded and the motion carried unanimously.</P> <P>McElhaney moved for adjournment; Johnson seconded and the motion carried unanimously.</P> <P>_____________________________ _____________________________<BR>Jere McElhaney, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk Charles Jones, Member</P>

<P>Chairman McElhaney called the meeting to order at 9:03 A.M., on Monday, May 6, 2002. All members were present. The Pledge of Allegiance was recited.</P> <P>Johnson made a motion to approve the minutes of November 26, 2001; seconded by Jones and carried unanimously.</P><B> <P>CONSENT AGENDA 05-06-02</P></B> <P>Jones made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order No. 5020. Order is on file in the office of the County Clerk; and;</LI> <LI>Approve Resolution No. 02-11a granting a cereal malt beverage license to Linda Steele (dates amended).</LI></UL> <P>Johnson seconded and the motion carried unanimously.</P><B> <P>AGREEMENTS &amp; PARKS — BROKEN ARROW 05-06-02</P></B> <P>The Board considered approval of an agreement between the City of Lawrence, Kansas and Douglas County, Kansas providing a working agreement between the two parties for the mowing and maintenance of Broken Arrow Park, located at 2900 Louisiana Street, Lawrence. Johnson made a motion that Craig Weinaug, County Administrator, be authorized to execute the agreement. Jones seconded and the motion carried unanimously.</P><B> <P>ACCOUNTS PAYABLE 05-06-02</P></B> <P>Jones moved approval of accounts payable in the amount of $123,440.11 to be paid 5/6/02; accounts payable manual checks in the amount of $2,558.14; payroll in the amount of $535,731.07; and electronic funds transfers in the amounts of $39,936.36 for FICA, and $31,936.05 for KPERS to be paid 5/3/02. Johnson seconded and the motion carried unanimously.</P><B> <P>PROCLAMATION 05-06-02</P></B> <P>McElhaney read a Proclamation proclaiming the month of May as "Older American’s Month" and the third week of May as "Senior Centers Week." Jones made a motion to adopt the Proclamation as read; seconded by Johnson and carried unanimously.</P><B> <P>MISCELLANEOUS 05-06-02</P></B> <P>Dorothea Jackson made comments regarding Highway 59.</P> <P>McElhaney made a motion for adjournment. Johnson seconded and the motion carried unanimously.</P> <P>_____________________________ _____________________________<BR>Jere McElhaney, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk Charles Jones, Member</P>

<P>Chairman McElhaney called the meeting to order at 6:40 P.M., on Wednesday, May 8, 2002. All members were present. The Pledge of Allegiance was recited.</P> <P>Jones made a motion to approve the minutes of December 3, 2001; seconded by Johnson and carried unanimously.</P> <P><STRONG>PROCLAMATION 05-08-02</STRONG><BR>McElhaney read a Proclamation proclaiming the week of May 12-19, 2002, as "Historic Preservation Week" in Douglas County, Kansas. Jones made a motion to approve the Proclamation as read; Johnson seconded and the motion carried unanimously.</P> <P>McElhaney read a Proclamation in memory of John H. Vogel. Jones moved approval of the Proclamation as read; seconded by Johnson and carried unani mously.</P> <P><STRONG>CONSENT AGENDA 05-08-02<BR></STRONG>Jones made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5021, 5022 and 5023. Orders are on file in the office of the County Clerk;</LI> <LI>Authorize Notice to Clinton Township regarding application for a temporary license to sell cereal malt beverages at retail at 1329 E. 800 Road; and</LI> <LI>Note receipt of March fee reports </LI></UL> <P>Johnson seconded and the motion carried unanimously.</P> <P><STRONG>PLANNING 05-08-02</STRONG><BR>The Board considered Item No. 3 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated April 24, 2002. This item is PF- 03-04-02: Final plat of Hidden Hill Addition, a Replat of Lots 7, 8 and 9 of Long Shadows Subdivision. This is a three-lot, county residential subdivision contain ing 14.065 acres. The property is generally described as being located at the northeast corner of E 1264 Road and N 935 Road. Submitted by Landplan Engineering, P.A., for Jack L. and Janet M. Stokes and Katherine A. Manda, property owners of record. Mark Wilson, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented the item. This item comes to the Board with a unanimous recommendation for acceptance of easements, subject to the following conditions:</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>1. The Final Plat must provide a demarcation line where the lot width equals 100' (at this point the building setback can be measured).<BR>2. The Final Plat must provide certification that all taxes and special assessments have been paid.<BR>3. Applicant must provide assurance that no utilities are located within the 10' utility easement that will be vacated between Lots 7 and 8 and Lot 9.<BR>4. Applicant must provide a site certification survey to verify existing structures comply with setback requirements. Failure to provide this certification survey will mean the conditions for approval cannot be met.<BR>5. Note on the face of the plat that states "no access to N 935 Road for Lots 2 &amp; 3."<BR>6. Note on the face of the plat that each residence's utility connections and driveways must access each lot directly from public right-of-way or public utility easements. [This means the existing driveway crossing Lot 3 to serve Lot 2 must be relocated to be wholly contained on Lot 2.]</P></BLOCKQUOTE> <P>Jones made a motion that the Final Plat of Hidden Hill Addition be approved, subject to the above conditions; Johnson seconded and the motion carried unanimously.</P> <P>Johnson moved for adjournment. McElhaney seconded and the motion carried unanimously.</P> <P>_____________________________ _____________________________<BR>Jere McElhaney, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk Charles Jones, Member</P>

<P>Chairman McElhaney called the meeting to order at 6:36 P.M., on Wednesday, May 15, 2002. All members were present. The Pledge of Allegiance was recited.</P><B> <P>PROCLAMATION 05-15-02</P></B> <P>McElhaney read a Proclamation proclaiming the week of May 12-18, 2002, as "Police Week," and May 15, 2002, as "Peace Officers’ Memorial Day." Sheriff Rick Trapp made a brief presentation. Johnson made a motion to adopt the Proclamation as read; Jones seconded and the motion carried unanimously.</P><B> <P>CONSENT AGENDA 05-15-02</P></B> <P>Johnson made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Home Rule Resolution No. HR-02-5-2 relating to the Grant Elementary School "Four Decades Celebration" Fireworks Display in the Unincorporated Territory of Douglas County, Kansas.</LI></UL> <P>Jones seconded and the motion carried unanimously.</P><B> <P>PUBLIC WORKS 05-15-02</P></B> <P>The Board accepted public comment regarding the alignment of Highway 59. The following individuals made brief comments regarding their alignment preference:</P> <UL> <LI>Bob Wandel</LI> <LI>Newton McLuggage</LI> <LI>Ken Lassman</LI> <LI>Arno F. Knapper</LI> <LI>Kim Banning-Bohmann</LI> <LI>Karen Parsons</LI> <LI>Patricia Brady</LI> <LI>Larry Kipp</LI> <LI>Judy Eddy</LI> <LI>Jay Smith</LI> <LI>James Nicholson</LI> <LI>Kay Hartzell</LI> <LI>Michael Almon</LI> <LI>Marylee Brochman</LI> <LI>Bill Mitchell</LI> <LI>Charlene Coates</LI> <LI>Jennifer Coates</LI> <LI>Lois Eversmeyer</LI> <LI>Jerry Sipe</LI> <LI>Louie McElhaney</LI></UL> <P>The Board thanked the members of the public for their comments, particularly commending the civil way in which their views were presented. McElhaney then closed the public hearing. It was the consensus of the Board to take formal action on the Board’s position on Monday, May 20, 2002.</P><B> <P>ACCOUNTS PAYABLE 05-15-02</P></B> <P>Jones moved approval of accounts payable in the amount of $172,139.32 to be paid 5/13/02; $423,126.83 to be paid 5/20/02; and accounts payable manual checks in the amount of $2,610.31. Johnson seconded and the motion carried unanimously.</P> <P>McElhaney made a motion for adjournment. Johnson seconded and the motion carried unanimously.</P> <P>_____________________________ _____________________________<BR>Jere McElhaney, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk Charles Jones, Member</P>

<P>Chairman McElhaney called the meeting to order at 9:04 A.M., on Monday, May 20, 2002. All members were present. The Pledge of Allegiance was recited.</P><B> <P>CONSENT AGENDA 05-20-02</P></B> <P>Johnson made a motion to approve the following Consent Agenda:</P> <UL> <LI>Accept bid received from Hutchinson Salt Company for 2,000 tons of Highway De-Icing Salt at the unit price of $24.00 per ton; and</LI> <LI>Authorize the Chair to execute Contracts for Highway Purposes for Project No. 23C-3472-01 — County Route 442 between Douglas County and Paul N. Grosdidier and Sheila R. Grosdidier, husband and wife; Douglas County and John M. Solbach and M. Patricia Solbach, husband and wife; Douglas County and Jubal A. Taylor and Donna E. Taylor, husband and wife; Douglas County and Miriam E. Helmert, a single person, and Diane Helmert, a single person; Douglas County and Miriam E. Helmert, a single person; Douglas County and Thelma J. Chapman, a single person; Douglas County and Brink Land Company, L.C., a Kansas limited liability company; Douglas County and Po Lung Yu and Chao T. Yu, husband and wife; Douglas County and Stephen D. Markley and Elizabeth J. Markley, husband and wife; Douglas County and Leo J. Bidinger, a widower; Douglas County and Bernita B. Conner Revocable Trust dated July 9, 1998; Douglas County and Robert D. Cooper and Lea Ann Cooper, husband and wife; Douglas County and Carl Lee and Charlotte R. Patterson, husband and wife; Douglas County and John M. Solbach and Mary Patricia Kennedy Solbach, husband and wife; Douglas County and Christopher L. Wertin and Melanie J. Wertin, husband and wife; and Douglas County and Clara M. Christenson, a single person.</LI></UL> <P>Motion was seconded by Jones and carried unanimously.</P><B> <P>SHERIFF &amp; JAIL, YOUTH SERVICES &amp; PURCHASING 05-20-02</P></B> <P>The Board discussed bids received for food products for the Jail Kitchen and Youth Services. Jackie Waggoner, Purchasing Agent, presented the item. Waggoner explained that the bid covered food and supplies in the following categories: produce, dairy, meats, breads, dry goods, frozen goods, and restaurant projects. The bidding process is established as a cost plus contract. Vendors were asked to provide their current supplier’s cost for the week of April 4, 2002, a fixed percentage mark-up and our final cost (supplier’s cost plus mark-up) on 535 items. The bids were evaluated identifying the lowest and best bid for each category and identifying the lowest and best bid for all 535 items. Waggoner recommended that the Board approve the contract with Allen Foods, Inc. for produce, meats, dry goods, frozen goods, and restaurant products, and Sara Lee Baking Company for bread products. Johnson questioned the cost plus bidding process. He noted that Allen Food’s markup was 15% whereas Lady Baltimore’s markup was 9%. Waggoner pointed out that Allen Food’s costs were lower even with the 15% markup. Pam Madl, Director of Administrative Services, noted that Lady Baltimore did not submit an acceptable bid since they excluded several items with no alternatives. Johnson then raised questions regarding the auditing process. He asked how the County would know that Allen Food’s costs would continue to be less than Lady Baltimore’s. Johnson suggested that throughout the course of this next year, staff could attempt to find a firmer way to tie down the bids. Johnson then made a motion to accept the bid from Allen Foods, Inc. for produce, meats, dry goods, frozen goods, and restaurant products, and Sara Lee Baking Company for the bread category, and directed staff to research this possibility of piggy-backing the school system’s contract and report back to the Commission in six (6) months. Jones seconded and the motion carried unanimously.</P><B> <P>PUBLIC WORKS 05-20-02</P></B> <P>The Board then discussed their position on the Highway 59 alignment. Keith Browning, Director of Public Works/County Engineer, noted that the Kansas Department of Transportation is interested in an opinion from the Commission on whether a freeway or an expressway is preferred, and whether the eastern alignment (Alignment 3B), or the western alignment (Alignment 5) is preferred.</P> <P>Jones made a motion that the Board submit a letter to the Kansas Department of Transportation endorsing a freeway on the western alignment (Alignment 5), noting that Douglas County looks forward to continued cooperation with KDOT on the issues of reducing the amount and speed of traffic on old Highway 59 once it becomes County property.</P> <P>Johnson noted that Highway 59 would be the County’s responsibility at that time. Jones responded that the County should continue to work with KDOT and that we work toward improving the safety and efficiency where the freeway would enter the City of Lawrence. </P> <P>Johnson then seconded the motion stating that he believed the freeway was in the County’s best interests and that the western alignment appears to be more doable more quickly than the eastern alignment.</P> <P>McElhaney stated that he also supports the freeway but he prefers the eastern alignment for various reasons such as cost savings and time efficiency. McElhaney also noted that because the Commission has made a determination to help small businesses in the rural community try to relocate because of the </P> <P>home-based occupations policy, he believes the western alignment would be too crowded to Highway 59 to serve that purpose.</P> <P>Jones responded that he believed that the closer the new road is built to the old road, the more traffic will be displaced from the old road. Jones also expressed concerns about potential development along the old road stating that he’d prefer to put the new alignment as close as possible to the old road and then essentially break up or redesign the old road so that it d&#160;sn’t serve the purpose as a thoroughfare. </P> <P>McElhaney then called for a vote on the motion on the table. Jones and Johnson voted yea; McElhaney voted nay. Motion carried 2-1. The Board then directed staff to prepare a letter to KDOT stating the Board’s position.</P><B> <P>ACCOUNTS PAYABLE 05-20-02</P></B> <P>Johnson moved approval of payroll in the amount of $537,533.42 and electronic funds transfers in the amounts of $40,074.13 for FICA, and $32,082.44 for KPERS to be paid 5/17/02. Jones seconded and the motion carried unanimously.</P> <P>McElhaney made a motion for adjournment. Johnson seconded and the motion carried unanimously.</P> <P>_____________________________ _____________________________<BR>Jere McElhaney, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk Charles Jones, Member</P>

<P>Chairman McElhaney called the meeting to order at 6:35 P.M. on Wednesday, May 29, 2002. All members were present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 05-29-02</STRONG><BR>Jones made a motion to approve the Consent Agenda as follows:</P> <UL> <LI>Approve Commissioners Order Nos. 5025, 5026, and 5027. Orders are on file in the Office of the County Clerk.</LI> <LI>Approve Resolution No. 02-12 granting a beer license to Megan Hiebert, d/b/a Clinton Marina Store; </LI> <LI>Approve revised County Administrator Employment Agreement; and</LI> <LI>Approve Construction Engineering Force Account Proposal for Project No. 23C-3472-01/Route 442 Construction Project in the amount of $98,986.33.</LI></UL> <P>Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>PUBLIC WORKS &amp; AGREEMENTS 05-29-02<BR></STRONG>Keith Browning, Director of Public Works/County Engineer, presented a request for authorization to solicit bids for microsurfacing Route 1061 from N 200 Road (US-56 Highway) to N 700 Road (Route 460), and authorization to solicit bids for overlaying Route 460 from N 600/E 1100 Road to US-59 Highway following the opening of bids and contracting for microsurfacing. Browning explained that the Public Works Department has inspected pavements on county routes to deter mine needed maintenance for this season. Browning recommended the utiliza tion of three different contracted maintenance practices this year -- (1) chip seal, (2) overlay, and (3) microsurfacing. Douglas County has a renewable contract with Hi Plains Sand Company to perform chip seals for 37.5 miles to 62.5 miles of roadway (50 miles +/- 25%). This year it is proposed to chip seal 40.8 miles of roadway. It is estimated that the cost of this year's chip seal contract will not exceed $407,574. Fund 201 has $500,000 allocated for chip seals.</P> <P>It is proposed to overlay Route 460 from N 600/E 1100 Road to US-59 Highway with 2 inches of asphalt. This two-mile section of roadway exhibits structural problems that a chip seal will not correct. The estimated cost for a 2" overlay is approximately $128,300. It would be desirable to install a paving fabric beneath the overlay to retard reflective cracking and to act as a moisture barrier. Installing the paving fabric would add approximately $28,300 for an overall cost of approxi mately $156,600. Fund 201 has $148,000 allocated for overlays.</P> <P>Route 1061 from US-56 Highway to Route 460 (N 700 Road) has some rutting in the wheel paths that chip sealing will not correct. It is proposed to utilize a modified slurry seal, or "microsurfacing," for this section of roadway. Micro- surfacing seals the cracks like a chip seal, but also provides some thickness to re-establish the original cross slope of the pavement. It is not as expensive as an overlay and d&#160;s not provide the structural enhancements of an overlay. The estimated cost to microsurface five miles of Route 1061 is approximately $114,000. It is proposed to utilize remaining budgeted funds to pay for micro- surfacing as follows:</P> <P> <TABLE borderColor=black cellSpacing=0 cellPadding=0 border=1> <TBODY> <TR> <TD style="WIDTH: 300px; HEIGHT: 20px"><STRONG>Project</STRONG></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center><STRONG>Amount Budgeted</STRONG></P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center><STRONG>Const. Estimate</STRONG></P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center><STRONG>Remaining</STRONG></P></TD></TR> <TR> <TD style="WIDTH: 300px; HEIGHT: 20px">Chip Seal</TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$500,000</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$407,574</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$92,426</P></TD></TR> <TR> <TD style="WIDTH: 300px; HEIGHT: 20px">Overlay</TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$148,000</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$128,335</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$19,665</P></TD></TR> <TR> <TD style="WIDTH: 300px; HEIGHT: 20px">Striping </TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$104,650</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$102,000</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$2,650</P></TD></TR> <TR> <TD style="WIDTH: 300px; HEIGHT: 20px"></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=right><STRONG>Total Remaining</STRONG></P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$114,741</P></TD></TR></TBODY></TABLE></P> <P>The estimated cost for chip seal will be very close to actual cost since we have a contract in place (there will be some variation due to quantity variations given field conditions at the time of the chip seal). It is anticipated chip seal will be done in mid-August. It is proposed to solicit bids for microsurfacing very soon, and perform the work in July. If bids are favorable and funds are available, it is desired to add the installation of paving fabric to the overlay contract. It is proposed to open bids for overlay work later this summer and construct the overlay in early September.</P> <P>It is also proposed to have county forces perform a "scrub seal" on the one-mile long Route 5, assuming funds are available. A scrub seal consists of the applica tion of polymer modified asphalt. The asphalt is then "scrubbed" into the cracks and voids with a broom apparatus before a layer of small aggregate (sand) is applied to the surface. The aggregate and asphalt is then broomed again forcing the mix into cracks and voids to seal the surface. This is a relatively low cost operation that we want to evaluate for possible future use. </P> <P>Johnson made a motion to authorize solicitation of bids for microsurfacing Route 1061 from N 200 Road (US-56 Highway) to N 700 Road (Route 460), and authorization to solicit bids for overlaying Route 460 from N 600/E 1100 Road to US-59 Highway following the opening of bids and contracting for microsurfacing</P> <P><STRONG>ACCOUNTS PAYABLE 05-29-02</STRONG><BR>Jones moved approval of accounts payable in the amount of $157,760.41 to be paid 5/29/02; and accounts payable manual checks in the amount of $340.00. Johnson seconded and the motion carried unanimously.</P> <P><STRONG>APPOINTMENTS 05-29-02</STRONG><BR>McElhaney made a motion to reappoint Tom Jennings, 960 N 1050 Road, to the Lawrence-Douglas County Metropolitan Planning Commission for a three-year term expiring 5/31/05; and appoint Dennis Lawson, 757 E 2000 Road, Eudora, KS, to the Lawrence-Douglas County Metropolitan Planning Commission for a three-year term expiring 5/31/05. Johnson seconded, and the motion carried unanimously. It should be noted that Mr. Lawson replaces Jacob Plant whose term expires 5/31/02.</P> <P>McElhaney made a motion for adjournment; Jones seconded and motion carried unanimously.</P> <P>_____________________________ _____________________________<BR>Jere McElhaney, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk Charles Jones, Member</P>

<P>Chairman McElhaney called the meeting to order at 8:17 A.M. on Monday, June 3, 2002. All members were present. </P> <P>Chairman McElhaney made a motion that the Board go into Executive Session until 9:20 A.M. with Evan Ice, County Counselor; Craig Weinaug, County Admin istrator; Pam Madl, Director of Administrative Services; Judge Fairchild, Chief Judge; and Linda K&#160;ster-Vogelsang, Court Administrator, to discuss building security issues. The Board returned to regular session at 9:20 A.M.</P> <P>The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 06-03-02<BR></STRONG>Johnson made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5028 and 5029. Orders are on file in the office of the County Clerk;</LI> <LI>Approve the FY 2003 Condition Violator Grant;</LI> <LI>Approve Kansas Department of Transportation Project Certification documents for Project No. 23C3472-01; County Route 442; Stull Road;</LI> <LI>Approve Cost Plus Net Fee Agreement for Engineering Services for Biennial Bridge Inspections for a total not-to-exceed cost of $47,936.84, which results in a local 20% cost share of $9,587.37, for Project No. 23C3850-01; and</LI> <LI>Note receipt of Fee Reports for the month of April, 2002.</LI></UL> <P>Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PARKS — LONE STAR &amp; SHERIFF 06-03-02</STRONG><BR>The Board discussed a request received from Alta-Sport to utilize Lone Star Lake for the 2002 LMH Triathlon on Sunday, September 15, 2002. Jim Whittaker, Race Director, and Michael F. Vickers, Executive Director, were present for the discussion. Alta-Sport requests that the beach and marina area be closed to swimmers and the general public from Saturday morning until noon Sunday on the weekend of the event. Sheriff Trapp discussed security issues noting that uniformed officers have been present in the past at no charge to the event. Sheriff Trapp noted that since the request includes closing the lake for a period of time it would be necessary to block off roads. He felt strongly that a uniformed officer be present, however, the issue of whether to charge events for these services, i.e., overtime, needs to be addressed. Jones asked whether utilizing lower cost staff would be an option. Keith Browning, Director of Public Works/County Engineer, stated that a private citizen d&#160;sn't have the right to close a road, so a county official would need to be present. He also stated that he would not be comfortable placing a Public Works employee in a law enforce ment capacity. It was the consensus of the Board that if the event is a for-profit event, they should reimburse the County for overtime costs. Jones then ex pressed concerns regarding the closing of the swimming area. Vickers noted that the event will be held in mid-September this year so there should be fewer swimmers than there would be in the summer months. Jones then made a motion that Alta-Sport, LC supply an event plan to the Sheriff who will decide what security and traffic control measures are needed; that Alta-Sport must reimburse the Sheriff's Department for the time actually spent by Sheriff's personnel on the event; that the road between the beach and the marina be closed all day Saturday, September 14th until the end of the event on Sunday, September 15th; and that the swimming beach be closed @ 3:00 on Saturday, September 14th, until the end of the event on Sunday, September 15th. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>ACCOUNTS PAYABLE 06-03-02<BR></STRONG>Jones moved approval of accounts payable in the amount of $286,996.33 to be paid 6/3/02; accounts payable manual checks in the amount of $2,230.50; payroll in the amount of $550,373.87; and electronic funds transfers in the amounts of $42,125.79 for FICA, and $32,824.82 for KPERS to be paid 5/31/02. Johnson seconded and the motion carried unanimously.</P> <P><STRONG>MISCELLANEOUS &amp; PERSONNEL 06-03-02</STRONG><BR>Sue Neustifter, Register of Deeds, announced her retirement effective July 1, 2002. Neustifter noted that she celebrated her 43rd anniversary with Douglas County on June 1, 2002.</P> <P><STRONG>MISCELLANEOUS 06-03-02</STRONG><BR>At 11:02 A.M., McElhaney made a motion that the Board recess to go into Executive Session for 15 minutes with Evan Ice, County Counselor; Craig Weinaug, County Administrator; and Pam Madl, Director of Administrative Services, to discuss litigation. The Board returned to regular session at 11:18 A.M. No action was taken.</P> <P>McElhaney made a motion for adjournment; Jones seconded, and the motion carried unanimously.</P> <P>_____________________________ _____________________________<BR>Jere McElhaney, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk Charles Jones, Member</P>

<P>Chairman McElhaney called the meeting to order at 9:04 A.M. on Monday, June 10, 2002. All members were present. The Pledge of Allegiance was recited.</P> <P>Johnson made a motion to approve the minutes of November 7, December 5, December 12, December 17, and December 19, 2001. Jones seconded and the motion carried unanimously.</P> <P><STRONG>CONSENT AGENDA 06-10-02</STRONG><BR>Johnson made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5030 and 5031. Orders are on file in the office of the County Clerk; and</LI> <LI>Approve the nine (9) Out-District College Tuition Statements in the amount of $27,450. </LI></UL> <P>Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>HEALTH — PUBLIC 06-10-02</STRONG><BR>The Board considered approval of a request received from the Health Department for County funding to replace state funding for the teen pregnancy case management program. Kay Kent, Administrator/Health Office of the Lawrence-Douglas County Health Department was present for the discussion. Kent noted that the Health Department was recently informed by the Kansas Department of Health and Environment (KDHE) that because tax increases passed by the Legislature were insufficient to meet the full KDHE budget, all teen pregnancy programs may be defunded on July 1, 2002. As of today, KDHE d&#160;s not know their agency budget allocation, so cannot tell the Lawrence- Douglas County Health Department for certain whether state funding for the program will be eliminated. Kent gave a history of the success of the program and asked the Board to consider funding the program if needed. It was the consensus of the Board to defer this decision until after KDHE has been notified of their budget allocation.</P> <P><STRONG>ACCOUNTS PAYABLE 06-10-02</STRONG><BR>Jones moved approval of accounts payable in the amount of $303,204.94 to be paid 6/10/02; and accounts payable manual checks in the amount of $12,155.00. Johnson seconded and the motion carried unanimously.</P> <P><STRONG>MISCELLANEOUS 06-10-02</STRONG><BR>At 10:30 A.M., McElhaney made a motion that the Board recess to go into Executive Session for 45 minutes with Evan Ice, County Counselor; Craig Weinaug, County Administrator; and Pam Madl, Director of Administrative Services, to discuss litigation. The Board returned to regular session at 11:12 A.M. No action was taken.</P> <P>McElhaney made a motion for adjournment; Jones seconded, and the motion carried unanimously.</P> <P>_____________________________ _____________________________<BR>Jere McElhaney, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk Charles Jones, Member</P>

<P>Chairman McElhaney called the meeting to order at 9:07 A.M. on Monday, June 24, 2002. All members were present. The Pledge of Allegiance was recited.</P> <P>Jones made a motion to approve the minutes of January 7, January 14, January 16, January 23 and January 28, 2002. Johnson seconded and the motion carried unanimously.</P> <P><STRONG>CONSENT AGENDA 06-24-02<BR></STRONG>Johnson made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5032 and 5033. Orders are on file in the office of the County Clerk; </LI> <LI>Authorize staff to negotiate proposals submitted by TFM Communica tions and Commenco for the purchase of two (2) VHF base station repeaters and two (2) control stations for use in emergency fire and medical dispatch operations in the southern portion of Douglas County; and</LI> <LI>Approve the contract with Vance Brothers, Inc. in the amount of $88,050.72 for Project No. 2002-9, microsurfacing on Route 1061, and authorization of the Public Works Director to approve change orders up to 10% of the contract amount.</LI></UL> <P>Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>YOUTH SERVICES &amp; GRANTS 06-24-02</STRONG><BR>The Board considered approval of the final recommendation for Juvenile Justice Authority (JJA) 2003 Grant Awards. Pam Weigand, Director of Youth Services, was present for the discussion. Weigand explained that the grant process was changed this year to a two-year grant cycle. Agencies were asked to submit goals and outcomes for FY 2003/2004 along with a proposed budget request for FY 2003 only. It is anticipated that grantees will be selected for the two-year grant period, then determine each allocation award on an annual basis after JJA funding has been established by the Legislature. The Planning Team Executive Committee members interviewed all applicant agencies and presented their recommendations to the Douglas County Juvenile Corrections Advisory Board. The Advisory Board reviewed and approved the funding recommendations as outlined by the Executive Committee for the 7th Judicial District Juvenile Justice Authority 2003 Grant Awards as follows:</P> <P align=center><STRONG>7th JUDICIAL DISTRICT JUVENILE JUSTICE AUTHORITY<BR>GRANT APPLICATION SUMMARYFY 2003</STRONG></P> <P> <TABLE borderColor=black cellSpacing=0 cellPadding=0 border=1> <TBODY> <TR> <TD style="WIDTH: 420px; HEIGHT: 20px"><STRONG>Applicant Agency</STRONG></TD> <TD style="WIDTH: 172px; HEIGHT: 20px"><STRONG>Program</STRONG></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center><STRONG>FY 2002 Award</STRONG></P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center><STRONG>FY 2003 Requested</STRONG></P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center><STRONG>FY 2003 Proposed</STRONG></P></TD></TR> <TR> <TD style="WIDTH: 300px; HEIGHT: 20px" colSpan=5><STRONG>PREVENTION</STRONG></TD></TR> <TR> <TD style="WIDTH: 420px; HEIGHT: 20px">Bert Nash Mental Health Center</TD> <TD style="WIDTH: 300px; HEIGHT: 20px">Working to Recognize Alterna<BR>tive Possibilities (WRAP) </TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$62,838.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$60,000.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$55,050.00</P></TD></TR> <TR> <TD style="WIDTH: 420px; HEIGHT: 20px">Boys And Girls Club of <BR>Lawrence</TD> <TD style="WIDTH: 300px; HEIGHT: 20px">Passport to Manhood </TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$5,550.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$10,565.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$9,720.00</P></TD></TR> <TR> <TD style="WIDTH: 420px; HEIGHT: 20px">K.U. Center for Research, Inc.</TD> <TD style="WIDTH: 300px; HEIGHT: 20px">KU Truancy Prevention &amp; Diversion Program</TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$7,738.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$8,125.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$7,475.00</P></TD></TR> <TR> <TD style="WIDTH: 420px; HEIGHT: 20px">Lawrence-Douglas County<BR>Housing Authority </TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=left>Prevention Program for Youth </P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$0.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$67,028.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$0.00</P></TD></TR> <TR> <TD style="WIDTH: 420px; HEIGHT: 20px">Lawrence Partnership for <BR>Children and Youth</TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=left>YouthFriends Mentoring </P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$0.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$29,882.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$0.00</P></TD></TR> <TR> <TD style="WIDTH: 420px; HEIGHT: 20px">Mother to Mother of Douglas County</TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=left>Dad's Time</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$4,331.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$3,615.56</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$3,327.00</P></TD></TR> <TR> <TD style="WIDTH: 420px; HEIGHT: 20px">Unified School District 348<BR>(Baldwin)</TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=left>Tutoring for School Success</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$8,719.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$10,657.35</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$9,804.00</P></TD></TR> <TR> <TD style="WIDTH: 420px; HEIGHT: 20px">Unified School District 348<BR>(Baldwin)</TD> <TD style="WIDTH: 300px; HEIGHT: 20px">Bulldog Den (Jr. High) </TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$8,745.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$8,745.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$8,045.00</P></TD></TR> <TR> <TD style="WIDTH: 420px; HEIGHT: 20px">Unified School District 497<BR>(Lawrence)</TD> <TD style="WIDTH: 300px; HEIGHT: 20px">Junior High Prevention Program </TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$23,804.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$38,022.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$19,694.00</P></TD></TR> <TR> <TD style="WIDTH: 420px; HEIGHT: 20px">Van Go Mobile Arts</TD> <TD style="WIDTH: 300px; HEIGHT: 20px">Jobs in the Arts Make Sense (JAMS)</TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$26,368.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$16,500.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$15,180.00</P></TD></TR> <TR> <TD style="WIDTH: 420px; HEIGHT: 20px" colSpan=2> <P align=right><STRONG>Prevention Total</STRONG></P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$148,093.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$253,139.91</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$128,295.00</P></TD></TR></TBODY></TABLE></P> <P><BR></P> <P> <TABLE borderColor=black cellSpacing=0 cellPadding=0 border=1> <TBODY> <TR> <TD colSpan=5><STRONG>INTERVENTION GRADUATED SANCTION</STRONG></TD></TR> <TR> <TD style="WIDTH: 349px; HEIGHT: 20px">Big Brothers and Big Sisters</TD> <TD style="WIDTH: 300px; HEIGHT: 20px">Partnership With Youth</TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$10,368.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$66,087.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$8,812.00</P></TD></TR> <TR> <TD style="WIDTH: 349px; HEIGHT: 20px">Douglas County Citizen Review Board (CRB)</TD> <TD style="WIDTH: 300px; HEIGHT: 20px">JO CRB</TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$16,354.00 </P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$19,649.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$13,901.00</P></TD></TR> <TR> <TD style="WIDTH: 349px; HEIGHT: 20px">Douglas County Youth Services</TD> <TD style="WIDTH: 300px; HEIGHT: 20px">Detention Day School</TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$45,837.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$45,086.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$33,591.00</P></TD></TR> <TR> <TD style="WIDTH: 349px; HEIGHT: 20px">DCCCA</TD> <TD style="WIDTH: 300px; HEIGHT: 20px">Juvenile Outpatient Treatment</TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$26,892.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$21,551.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$18,318.00</P></TD></TR> <TR> <TD style="WIDTH: 349px; HEIGHT: 20px">Family Enhancement of <BR>Community Living Opportunities</TD> <TD style="WIDTH: 300px; HEIGHT: 20px">Family Enhancement</TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$36,968.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$90,259.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$31,422.00</P></TD></TR> <TR> <TD style="WIDTH: 349px; HEIGHT: 20px">Lawrence Alliance</TD> <TD style="WIDTH: 300px; HEIGHT: 20px">Douglas County Youth Court</TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$0.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$15,606.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$0.00</P></TD></TR> <TR> <TD>VORP</TD> <TD>Juvenile Offender VORP</TD> <TD> <P align=center>$0.00</P></TD> <TD> <P align=center>$9,861.00</P></TD> <TD> <P align=center>$0.00</P></TD></TR> <TR> <TD style="WIDTH: 349px; HEIGHT: 20px" colSpan=2> <P align=right><STRONG>Intervention Graduated Sanction Sub Total</STRONG></P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$136,419.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$268,099.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$106,044.00</P></TD></TR></TBODY></TABLE></P><STRONG> <P> <TABLE borderColor=black cellSpacing=0 cellPadding=0 border=1> <TBODY> <TR> <TD style="WIDTH: 502px" colSpan=5><STRONG>CORE SERVICES</STRONG></TD></TR> <TR> <TD style="WIDTH: 502px; HEIGHT: 20px">Douglas County Youth Services</TD> <TD style="WIDTH: 300px; HEIGHT: 20px">Administrative Structure</TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$38,901.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$27,176.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$27,176.00</P></TD></TR> <TR> <TD style="WIDTH: 502px; HEIGHT: 20px">Douglas County Youth Services</TD> <TD style="WIDTH: 300px; HEIGHT: 20px">Case Management/CM Local<BR>Purchase of Service*</TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$74,578.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$101,388.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$101,388.00</P></TD></TR> <TR> <TD style="WIDTH: 502px; HEIGHT: 20px">The Shelter, Inc.</TD> <TD style="WIDTH: 300px; HEIGHT: 20px">JIAS**</TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$137,827.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$166,522.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$166,522.00</P></TD></TR> <TR> <TD style="WIDTH: 502px; HEIGHT: 20px">Douglas County Youth Services</TD> <TD style="WIDTH: 300px; HEIGHT: 20px">JISP</TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$204,980.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$198,258.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$198,258.00</P></TD></TR> <TR> <TD style="WIDTH: 300px; HEIGHT: 11px" colSpan=2> <P align=right><STRONG>Core Services Sub Total</STRONG></P></TD> <TD style="WIDTH: 300px; HEIGHT: 11px"> <P align=center>$456,286.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 11px"> <P align=center>$493,344.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 11px"> <P align=center>$493,344.00</P></TD></TR> <TR> <TD colSpan=2> <P align=right><STRONG>TOTAL</STRONG></P></TD> <TD> <P align=center>$740,798.00</P></TD> <TD> <P align=center>$1,014,582.91</P></TD> <TD> <P align=center>$727,683.00</P></TD></TR> <TR> <TD colSpan=5>*JJA Local Purchase of Service for transportation, clothing and electronic monitoring of youth in JJA custody was paid from a separate allocation prior to FY 2003, JJA expects those costs to be paid for through local IGS allocation from FY 2003 forward.<BR>**Juvenile Intake and Assessment was required to take the districts IGS cut in FY 2002. FY 2003 is budgeted at the<BR>same level as FY 2001.</TD></TR></TBODY></TABLE></STRONG><BR>Jones made a motion to approve the 7th Judicial District Juvenile Justice Author ity 2003 Grant Awards as outlined above. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>PLANNING 06-24-02</STRONG><BR>The Board considered Item No. 12 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated May 22, 2002. This item is CUP-03-04-02: a Conditional Use Permit request for a machinery storage building on 2.0 acres generally located at the southeast corner of N 800 Road and E 1500 Road (County Route 1055). Requested by Landplan Engineering for John N. and Karon L. Stevens, property owners of record. Brian Pedrotti, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented the item. This item comes to the Board with a unanimous recommen dation for approval, based upon the following Findings of Fact:</P> <P>Zoning and uses of property nearby: The area to the north is predominantly agricultural. The area surrounding the property is zoned for suburban residential uses and includes some rural residential uses.</P> <P>Character of the area: The subject property is located three miles east of Highway 59 and five miles south of the City of Lawrence. The subject property is outside of any unincorporated city's growth area and is predominantly an agricultural neighborhood including some scattered rural residential homes. </P> <P>Suitability of subject property for the uses to which it has been restricted:A Conditional Use Permit (CUP) d&#160;s 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 area is zoned for agricultural uses.<BR>Length of time subject property has remained vacant as zoned: The subject property is developed with an existing storage building for machinery equipment. The structure was constructed as an agricultural building, therefore no building permit was issued. It appears to have been built between 1996 and 2000 according to the County Appraiser's Office. The County Zoning Regulations were adopted in 1966, this property has been zoned "A" (Agricultural) since that time.</P> <P>Extent to which removal of restrictions will detrimentally affect nearby property: Approval of the CUP will provide an opportunity for the applicant to be compliant with the minimum zoning regulations and standards. As a Conditional Use Permit, the issues of screening and buffering to reduce undesirable impacts such as noise and view on residential properties to the west can and should be provided.</P> <P>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: There is no identified relative gain or detri ment to the public's health, safety and welfare by permitting development of this use as a Conditional Use Permit. The underlying "A" (Agricultural) zoning remains unchanged.</P> <P>Conformance with the Comprehensive Plan: The Comprehensive Plan supports the retention of industrial uses and limited expansion of existing industrial districts outside of an urban area. A Conditional Use Permit can be used to allow limited commercial and industrial expansion or establish new or temporary areas for certain non-residential uses. This tool allows proportional development in harmony with the surrounding area. As recommended by Horizon 2020, the proposed request is, in the short term, consistent with the Comprehensive Plan. As a more detailed study of industrial locations is com pleted for the unincorporated area, the longevity of the appropriateness may be affected.</P> <P>AND subject to the following conditions:</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>1. Provision of a note on the face of the site plan stating "The Conditional Use Permit approval be for 5 years. After additional review at the end of 5 years, the potential for extension up to an additional 5 years by the Board of County Commissioners is possible if surrounding land uses have remained substantially the same and the use is still found to be compatible."</P> <P>2. The number of total employees shall not exceed 4 on-site employees unless otherwise amended by the County Commission. The addition of employees in excess of 4 shall require the approval of a revised CUP by the County Commission following a public hearing to be held by the Planning Commission.</P> <P>3. Provision of a note on the face of the site plan that states: "The ap proved use for this site is truck storage facility for vehicles and equip ment for the applicant. Repair, and/or servicing stored vehicles and equipment, other than those necessary for standard maintenance and upkeep, is expressly prohibited."</P> <P>4. Provision of a note on the face of the site plan that states: "any exterior storage of material shall be located completely screen per Section 19- 4(24) of the County Zoning Regulations."</P> <P>5. Provision of a note on the face of the site plan that states: "The addi tion of exterior storage of materials shall first require that the subject property shall be platted in accordance with the adopted Subdivision Regulations as applicable."</P> <P>6. Provision of a note regarding existing landscape per Douglas County Zoning Regulations 19A-4.10.</P> <P>7. Provision of a note to state: "Outdoor lighting is not proposed other than Pack lights over existing doorways."</P> <P>8. Provision of a note on the face of the site plan that states: "A final plat shall be recorded with the Douglas County Register of Deeds prior to any additional building or intensification of the use of the property."</P> <P>9. Provision of a note on the face of the site plan that states: "Conditional Use shall be limited to storage and no office/retail sales operation may be located on the premises."</P></BLOCKQUOTE> <P>A motion was made by Jones to approve CUP-03-04-02. Johnson seconded and the motion carried unanimously.</P> <P><STRONG>PARKS — WELLS 06-24-02</STRONG><BR>McElhaney reported that work has begun on the Wells Overlook project.</P> <P><STRONG>PARKING 06-24-02</STRONG><BR>The Board discussed parking options for the Courthouse and Judicial and Law Enforcement Center. No action was taken.</P> <P><STRONG>EMERGENCY COMMUNICATIONS &amp; PURCHASING 06-24-02</STRONG><BR>The Board discussed the emergency replacement of 911 equipment. Jim Denney, Director of Emergency Communications, was present for the discus sion. Denney reported that the 911 ALI controller, which is the brain which provides all 911 and other telephone line services other than voice to dispatch, is not functioning properly. The problems are due to hardware failure in the control ler itself. This controller was purchased in 1998 and has suffered through the dust related to the remodeling of the Judicial &amp; Law Enforcement Center. The cost to replace the 911 ALI controller is $31,000. This purchase can be paid from the 911 Fee Fund and sufficient funds are available. Johnson made a motion to approve the emergency purchase of the 911 ALI controller from 911 Inc. Jones seconded and the motion carried unanimously.</P> <P><STRONG>ACCOUNTS PAYABLE 06-24-02</STRONG><BR>Jones moved approval of accounts payable in the amount of $329,397.79 to be paid 6/17/02 and $298,505.22 to be paid 6/24/02; payroll in the amount of $564,150.68; and electronic funds transfers in the amounts of $41,634.75 for FICA and $34,302.70 for KPERS, to be paid 6/14/02. Johnson seconded and the motion carried unanimously.</P> <P><STRONG>APPOINTMENTS 06-24-02</STRONG><BR>Jones made a motion to appoint Shannon Oury, 1042 N 1138 Road, Lawrence, KS to the Lawrence-Douglas County Housing Authority Board of Commissioners for a four-year term beginning July 1, 2002. Johnson seconded and the motion carried unanimously.</P> <P>McElhaney made a motion for adjournment; Jones seconded, and the motion carried unanimously.</P> <P>_____________________________ _____________________________<BR>Jere McElhaney, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk Charles Jones, Member</P>

<P>Chairman McElhaney called the meeting to order at 6:42 P.M. on Wednesday, June 26, 2002. All members were present. The Pledge of Allegiance was recited.</P> <P>Jones made a motion to approve the minutes of January 7, January 14, January 16, January 23, and January 28, 2002. Johnson seconded and the motion carried unanimously.</P> <P><STRONG>CONSENT AGENDA 06-26-02</STRONG><BR>Jones made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5034 and 5035. Orders are on file in the office of the County Clerk.</LI> <LI>Approve Resolution No. 02-13 establishing a policy regarding the mutual disaster aid to other local units of government within or outside of the State of Kansas.</LI></UL> <P>Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>PLANNING, PUBLIC WORKS &amp; RESOLUTIONS 06-26-02</STRONG><BR>The Board noted receipt of the Planning Commission's recommendation con cerning rescinding the "minimum maintenance" designation for a portion of N 175 Road as requested by the Board of County Commissioners on April 3, 2002. Michael Kelly, County Surveyor, was present for the discussion. At their meeting on May 22, 2002, the Planning Commission voted unanimously to approve the request to rescind the "minimum maintenance" road designation for a portion of N 175 Road (1000 feet) between E 2050 and E 2000 Roads in Palmyra Town ship and forward it to the County Commission.</P> <P>The Board then conducted a public hearing concerning rescinding the minimum maintenance designation. A.J. Barrett made a brief presentation. Chairman McElhaney made a motion to close the public hearing. Motion was seconded by Johnson and carried unanimously.</P> <P>Johnson made a motion to approve Resolution No. 02-14 rescinding the declara tion of "minimum maintenance" for a portion of N 175 Road. Motion was sec onded by McElhaney and carried unanimously.</P> <P><STRONG>ACCOUNTS PAYABLE 06-26-02</STRONG><BR>McElhaney made a motion to authorize accounts payable manual checks in the amount of $2,037.34 and payroll in the amount of $564,150.68. Johnson sec onded and the motion carried unanimously.</P> <P><STRONG>MISCELLANEOUS 06-26-02</STRONG><BR>Ken Phipps made comments regarding the alignment of Highway 59.</P> <P>McElhaney made a motion for adjournment; Johnson seconded, and the motion carried unanimously.</P> <P>_____________________________ _____________________________<BR>Jere McElhaney, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk Charles Jones, Member</P>

<P>Chairman McElhaney called the meeting to order at 8:32 A.M. on Monday, July 1, 2002. All members were present. The Pledge of Allegiance was recited.</P> <P><STRONG>BUDGET 07-01-02</STRONG><BR>The Board conducted budget hearings. No action was taken.</P> <P><STRONG>ACCOUNTS PAYABLE 07-01-02</STRONG><BR>Jones moved approval of accounts payable in the amount of 161,106.86 to be paid 7/1/02 and accounts payable manual checks in the amount of $2,037.34. Johnson seconded and the motion carried unanimously.</P> <P>McElhaney made a motion for adjournment; Jones seconded, and the motion carried unanimously.</P> <P>_____________________________ _____________________________<BR>Jere McElhaney, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk Charles Jones, Member</P>

<P>Chairman McElhaney called the meeting to order at 8:34 A.M. on Tuesday, July 2, 2002. All members were present. The Pledge of Allegiance was recited.</P> <P><STRONG>BUDGET 07-01-02</STRONG><BR>The Board conducted budget hearings. No action was taken.</P> <P>McElhaney made a motion for adjournment; Jones seconded, and the motion carried unanimously.</P> <P>_____________________________ _____________________________<BR>Jere McElhaney, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member</P>

<P>Chairman McElhaney called the meeting to order at 6:40 P.M. on Wednesday, July 3, 2002. All members were present. The Pledge of Allegiance was recited.</P> <P>Jones made a motion to approve the minutes of February 6, February 11, February 13, and February 18, 2002. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>CONSENT 07-03-02</STRONG><BR>Jones made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order No. 5036. Order is on file in the office of the County Clerk; and</LI> <LI>Note receipt of fee reports for the month of May.</LI></UL> <P>Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>AGREEMENTS, TREASURER &amp; ZONING 07-03-02</STRONG><BR>The Board considered approval of an amendment to the Lease Agreement between Douglas County, Kansas, and Consolidated Properties of Lawrence, Inc. for the lease of property located at 2108 W. 27th Street, Suite I, which houses the satellite offices for the Treasurer and Zoning Department. This amendment gives the County the option to renew the lease for an additional three (3) years. Jones made a motion to approve the Amendment to Lease Agreement, seconded by Johnson and carried 2-1 with McElhaney voting nay.</P> <P><STRONG>PLANNING 07-03-02</STRONG><BR>The Board considered SP-05-32-02 to allow the development of a concrete products warehouse/office on the east side of Highway 24/59, approximately 600' north of Highway 24/40. Submitted by Paul Werner Architects, L.L.C. for Capitol Concrete, property owner of record. Brian Pedrotti, staff member of the Lawrence-Douglas County Metropolitan Planning Department, was present for the discussion. The applicant proposes to develop a concrete products ware house/office on the east side of Highway 24/59, approximately 600' north of Highway 24/40. The subject property is Lot 1 of Maple Grove North #3, a county plat located between two pieces of incorporated (City of Lawrence) land. The property is located within a I-2 (Light Industrial) District, which allows warehous ing, office, and storage as permitted uses. The proposed site plan meets the requirements of the I-2 zoning district. </P> <P>Access to the site will be from an improved driveway off of Highway 24/59 and will be a 70'-wide shared driveway for the five lots within the Maple Grove Addition. The entrance location must be approved by the Kansas Department of Transportation (KDOT), and the applicant will need to obtain a KDOT permit for the construction of the driveway.</P> <P>The applicant has indicated that the owner will provide a septic system with the proposed site plan. A septic system construction permit must be approved by the Douglas County Health Department prior to the release of the site plan for building permits, and the location of the septic field must be shown on the site plan. No portion of the septic field and driveway or parking surface may overlap. <BR>Another option for the property owner is to connect to City of Lawrence sewer service. If the owner wishes to choose this option, annexation and rezoning of the property to a suitable City zoning district will be required.</P> <P>The applicant has provided a good screening mix of trees and shrubs along the highway 24/59 frontage. Staff has requested an additional 6' high wood fence along the north property boundary to provide a screening buffer between the storage area and the residence to the north. This item is a condition of approval.</P> <P>Planning Staff recommends approval of the Site Plan subject to the following conditions:</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>1. Approval of a septic system construction permit prior to the release of the site plan for building permits. Any approved septic fields shall be shown on the site plan and may not encroach on driveway or parking areas. If the owner connects to city sewer, annexation and rezoning will be required.</P> <P>2. Approval of a KDOT highway permit for the proposed entrance to US 24/599.</P> <P>3. Provide a 6' high solid wood screening fence along the north side of the storage area.</P> <P>4. Show the type and extent of surfacing to be applied on the site plan.</P></BLOCKQUOTE> <P>Jones made a motion to approve the site plan subject to the above conditions, amending Condition 3 as follows:</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>3. Provide an 8' high chain-link fence with vinyl screening slats along the north side of the storage area.</P></BLOCKQUOTE> <P>Johnson seconded and the motion carried unanimously.</P> <P><STRONG>ACCOUNTS PAYABLE 07-03-02<BR></STRONG>Johnson moved approval of accounts payable in the amount of $129,000.16; payroll in the amount of $576,431.98; and electronic funds transfers in the amount of $42,595.46 for FICA and $33,960.28 for KPERS. Motion was sec onded by McElhaney and carried unanimously.</P> <P><STRONG>MISCELLANEOUS 07-03-02<BR></STRONG>The Board discussed a request received from Headquarters, Inc. for assistance in moving expenses. Johnson noted for the record that he owns the building housing Headquarters, Inc. It was the consensus of the Board that this would not be a conflict of interest. Johnson then made a motion to approve the expenditure of $2,599 for non-recurring expenses for Headquarters, Inc. Jones seconded and the motion carried unanimously.</P> <P>McElhaney made a motion for adjournment; Johnson seconded, and the motion carried unanimously.</P> <P>_____________________________ _____________________________<BR>Jere McElhaney, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk Charles Jones, Member</P>

<P>Chairman McElhaney called the meeting to order at 8:31 A.M. on Monday, July 8, 2002. All members were present. The Pledge of Allegiance was recited.</P> <P><STRONG>BUDGET 07-08-02<BR></STRONG>The Board conducted budget hearings. No action was taken.</P> <P>McElhaney made a motion for adjournment; Johnson seconded, and the motion carried unanimously.</P> <P>_____________________________ _____________________________<BR>Jere McElhaney, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk Charles Jones, Member</P>

<P>Chairman McElhaney called the meeting to order at 8:30 A.M. on Tuesday, July 9, 2002. All members were present. The Pledge of Allegiance was recited.</P> <P><STRONG>PLANNING 07-09-02</STRONG><BR>The Board considered Item No. 3 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated April 24, 2002. This item is PF- 03-04-02, Final Plat of Hidden Hill Addition, a replat of Lots 7, 8, and 9 of Long Shadows Subdivision. This is a three-lot county residential subdivision containing 14.065 acres. The property is generally described as being located at the northeast corner of E 1264 Road and N 935 Road. Submitted by Landplan Engineering, P.A., for Jack L. and Janet M. Stokes and Katherine A. Manda, property owners of record. Mark Wilson, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented the item. This item comes to the Board with a unanimous recommendation for acceptance of easement, subject to the following conditions:</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>1. The provision of certification that all taxes and special assessments have been paid;</P> <P>2. Applicant must provide assurance that no utilities are located within the 10' utility easement that will be vacated between Lots 7 and 8 and Lot 9;</P> <P>3. Note on the face of the plat that states, "No access to N 935 Road for Lot 3";</P> <P>4. Note on the face of the plat that each residence's utility connections and driveways must access lot directly from public right-of-way or public utility easements. [This means the existing driveway crossing Lot 3 to serve Lot 2 must be relocated to be wholly contained on Lot 2.];</P> <P>5. Pinning of lots in accordance with Section 21-302.2 of the Subdivision Regulations.</P></BLOCKQUOTE> <P>Jones made a motion to approve the Final Plat of Hidden Hill addition for acceptance of easements, subject to the above conditions. Motion was sec onded by Johnson and carried unanimously.</P> <P><STRONG>BUDGET 07-09-02</STRONG><BR>The Board conducted budget hearings. No action was taken.</P> <P>McElhaney made a motion for adjournment; Jones seconded, and the motion carried unanimously.</P> <P>_____________________________ _____________________________<BR>Jere McElhaney, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk Charles Jones, Member</P>

<P>Chairman McElhaney called the meeting to order at 6:45 P.M. on Wednesday, July 10, 2002. All members were present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 07-10-02</STRONG><BR>Johnson made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order No. 5037. Order is on file in the office of the County Clerk.</LI></UL> <P>Jones seconded and the motion carried unanimously.</P> <P><STRONG>ZONING 07-10-02</STRONG><BR>The Board discussed quarrying activities. Keith Dabney, Director of Zoning and Codes, made a brief presentation regarding complaints received regarding the dirt extraction operation located on the northeast 1/4 of Section 1, Township 12 S, Range 19E, owned by Ethel Ousdahl. The nature of complaints received involve the hours of operation, increased truck traffic, and blasting. Bruce Reid, Zach Schneider, Rick Schneider, Joy LaMinska, Price Banks, Wayne Ousdahl, and Bonnie Little made comments. The Board urged the neighbors to work together to resolve the issues. It was the consensus of the Board to schedule an executive session with Evan Ice, County Counselor, on Monday, July 15, 2002.</P> <P>McElhaney made a motion for adjournment. Jones seconded and motion carried unanimously.</P> <P>_____________________________ _____________________________<BR>Jere McElhaney, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk Charles Jones, Member</P>

<P>Chairman McElhaney called the meeting to order at 8:19 A.M. on Monday, July 15, 2002. All members were present. </P> <P>Chairman McElhaney made a motion that the Board recess to go into Executive Session until 9:00 A.M. with Evan Ice, County Counselor; Craig Weinaug, County Administrator; Pam Madl, Director of Administrative Services; and Keith Dabney, Director of Zoning and Codes, to discuss potential litigation. The Board returned to regular session at 9:00 A.M. </P> <P>The Pledge of Allegiance was recited.</P> <P>Johnson made a motion to approve the minutes of February 4, 2002. Jones seconded and the motion carried unanimously.</P> <P><STRONG>CONSENT AGENDA 07-15-02<BR></STRONG>Jones made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order No. 5038. Order is on file in the office of the County Clerk;</LI> <LI>Authorize Notice of Publication of Hearing of 2003 Budget to be held August 21, 2002; and</LI> <LI>Approve the filing of the Office of Justice Domestic Preparedness Terrorism Equipment Support Grant and authorize and direct Paula Phillips, Douglas County Emergency Management Director, as the official representative of the County for all activities associated with the grant.</LI></UL> <P>Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>MISCELLANEOUS 07-15-02<BR></STRONG>Jason Smartt, Lawrence Alliance, conducted a presentation of the Fair Housing Program. No action was taken.</P> <P><STRONG>PLANNING 07-15-02</STRONG><BR>The Board considered approval of a revised site plan for Heritage Baptist Church (SP-01-03-02), located at the southwest corner of N 1800 and E 800 Roads. Brian Pedrotti, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented the item. The changes in the site plan include:</P> <UL> <LI>Splitting of the original main building into two buildings to comply with building code provisions; and</LI> <LI>Relocation and consolidation of the two lagoon ponds to the south into one lagoon per the State of Kansas permit approval.</LI></UL> <P>Pedrotti noted that the revisions to this site plan do not include any additional land uses. The original uses of a church, four accessory living units (two pastor rooms and two guest rooms), and workshop building, remain the only approved uses for the property. Planning staff recommends approval of these changes. Jones made a motion to approve the recommended changes, seconded by Johnson and carried unanimously.</P> <P><STRONG>COMMUNITY CORRECTIONS, GRANTS &amp; BUDGET 07-15-02</STRONG><BR>The Board considered approval of the FY2003 Budget for Douglas County Community Corrections Grant and Carryover Reimbursement Plan. Ron Stegall, Director of Community Corrections, was present for the discussion. Stegall noted that this new budget reflects the agreement reached by Douglas County and the Kansas Department of Corrections in regards to rent charged to the program ($30,000) which will be returned to the program by the County for that part of the director's salary which reflects work done by the director that is not specifically related to Community Corrections. Stegall also noted that since Community Corrections has come under the supervision of the court, Community Corrections staff salaries are determined by the court (OJA). For this next fiscal year there was no COLA given by OJA, and so Community Corrections staff salaries will remain unchanged. Johnson made a motion to approve the FY2003 Budget for Douglas County Community Corrections Grant and Carryover Reimbursement Plan. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>RESOLUTIONS &amp; PUBLIC WORKS 07-15-02</STRONG><BR>The Board considered approval of Home Rule Resolution No. HR-02-7-3 amend ing Home Rule Resolution No. HR-88-11-8 to permit and/or require shared entrances on County rights-of-way. Keith Browning, Director of Public Works/County Engineer, was present for the discussion. Browning explained that Home Rule Resolution No. HR-88-11-8 established standards for entrance construction on county routes. The proposed resolution amends HR-88-11-8 to permit shared entrances which would provide the County Engineer the authority to require shared entrances to reduce the number of entrances and maintain desirable entrance spacing. Shared entrances are desirable from a traffic safety point-of-view because they reduce the number of conflict points along the roadway. The proposed standards for shared entrances indicate a 30-foot wide driving surface is required. This provides enough width for neighboring property owners to connect a private drive to the shared entrance on each side of the property line. The current standard for residential entrances is 20' - 24' wide driving surface. A motion was made by Johnson to approve Home Rule Resolu tion No. HR-02-7-3, amending Home Rule Resolution No. HR-88-11-8 to permit and/or require shared entrances on County rights-of-way. Jones seconded and the motion carried unanimously.</P> <P><STRONG>INDUSTRIAL PARKS — EAST HILLS 07-15-02</STRONG><BR>The Board considered a request from Douglas County Development, Inc. (DCDI) requesting that the County transfer the deed for Lot 5, Block 2 of the East Hills Business Park without payment in order to help facilitate the construction of a spec building at this location. DCDI will pay Douglas County for this transfer when the spec building is sold or leased. DCDI would also take over responsibil ity for ad valorem taxes on the lot until the lot was sold. McElhaney made the following motion:</P> <P>That the County Counselor be directed to prepare the necessary docu mentation to transfer the deed for Lot 5, Block 2 of the East Hills Business Park to DCDI, with the condition that DCDI pay the County the previously agreed option price for the land and make the required deposits to the drainage escrow fund when the land is sold or leased; Payment of the purchase price will be secured by a second mortgage in the real estate, junior to a mortgage securing DCDI's institutional financing needed to construct the building and make other improvements to the real estate; DCDI will be responsible for all ad valorem taxes billed on the real estate after the date of the transfer of the deed; and that Commissioner Johnson be authorized to execute the deed transferring the real estate to DCDI and also execute any other documents or agreements necessary to consum mate the transaction.</P> <P>Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>ACCOUNTS PAYABLE 07-15-02</STRONG><BR>Johnson moved approval of accounts payable in the amount of $2,266,375.28 to be paid 7/15/02; accounts payable manual checks in the amount of $2,037.34; payroll in the amount of $563,577.27; and electronic funds transfers in the amounts of $41,604.16 for FICA and $32,242.04 for KPERS to be paid 7/12/02. Motion was seconded by Jones and carried unanimously.</P> <P>Jones noted that it would be necessary to authorize someone to approve ac counts payable through August 19, 2002, since the Board will not be meeting between July 25 and August 19, 2002. Jones then made a motion that the Chair be authorized to approve accounts payable between July 25 and August 19, 2002, and if the Chair is unavailable, that whichever Commissioner is available be authorized. Motion was seconded by Johnson and carried unanimously.</P> <P>McElhaney made a motion for adjournment. Jones seconded and motion carried unanimously.</P> <P>_____________________________ _____________________________<BR>Jere McElhaney, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk Charles Jones, Member</P>

<P>Chairman McElhaney called the meeting to order at 8:45 A.M. on Wednesday, July 24, 2002. Commissioners McElhaney and Johnson were present. Commis sioner Jones was absent. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 07-24-02</STRONG><BR>Johnson made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve the contract with Killough Construction for Project No. 2002-6, overlaying two miles of Route 460, for the base bid amount of $124,690.75, and authorize the Director of Public Works to approve change orders up to $8,700 (approximately 7% of base bid); and</LI> <LI>Approve the ten (10) Out-District Tuition Statements in the amount of $9,294.</LI></UL> <P>McElhaney seconded and the motion carried unanimously.<BR><BR><STRONG>AGREEMENTS &amp; PUBLIC WORKS 07-24-02<BR></STRONG>Keith Browning, Director of Public Works/County Engineer, presented a Force Account Agreement with the Kansas Department of Transportation for Public Works department personnel to perform construction inspection services for Project No. 23 C-3472-01, Route 442 improvements. Under the contract, the Public Works department will perform construction inspection for the project, and the department will be reimbursed for 80% of all inspection costs. The remaining 20% will be paid from Public Works' budget as regular salaries. Under the contract, the upper limit of compensation is $98,206.33. It is anticipated that our total inspection costs will be comfortably below that upper limit. Johnson made a motion to approve the Force Account Agreement with KDOT for Public Works Department personnel to perform construction inspection services for Project No. 23 C-3472-01, Route 442 improvements. McElhaney seconded and the motion carried.</P> <P>McElhaney made a motion for adjournment. Johnson seconded and motion carried unanimously.</P> <P>_____________________________ _____________________________<BR>Jere McElhaney, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________<BR>Patty Jaimes, County Clerk</P>

<P>Chairman McElhaney called the meeting to order at 8:31 A.M. on Thursday, August 1, 2002. Commissioners McElhaney and Johnson were present. Com missioner Jones was absent. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 08-01-02</STRONG><BR>Johnson moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5039, 5040 and 5041. Orders are on file in the office of the County Clerk; </LI> <LI>Approve Force Account Agreement with the Kansas Department of Transportation for Public Works department personnel to perform construction inspection services for Project No. 23 C-3472-01, Route 442 improvements; and</LI> <LI>Note receipt of fee reports for the month of June 2002.</LI></UL> <P><STRONG>MISCELLANEOUS 08-01-02</STRONG><BR>The Board discussed the possible need to issue a burning ban for Douglas County. It was the consensus of the Board that Paula Phillips, Director of Emergency Management, contact the fire chiefs for input.</P> <P><STRONG>ACCOUNTS PAYABLE 08-01-02</STRONG><BR>Johnson moved approval of accounts payable in the amount of $124,897.23 to be paid 7/29/02, accounts payable manual checks in the amount of $2,037.34; and ACH Bank Transfer in the amount of $1,055,610.01 to be paid on 8/1/02. Motion was seconded by McElhaney and carried. </P> <P>McElhaney moved for adjournment; Johnson seconded and the motion carried.</P> <P>_____________________________ _____________________________<BR>Jere McElhaney, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________<BR>Patty Jaimes, County Clerk</P>

<P>The Board of County Commissioners of Douglas County met in special session with Commissioner McElhaney present. Commissioners Johnson and Jones were absent.</P> <P>McElhaney appointed Kay Pesnell, Register of Deeds, and Marion Johnson, County Appraiser, to serve as a canvassers in the absence of Commissioners Johnson and Jones. </P> <P>The purpose of the special meeting was to canvass the results of the Primary Election which was held on Tuesday, August 6, 2002.</P> <P>There were one hundred eight-five (185) provisional ballots. Patty Jaimes, County Clerk, recommended that one hundred fifty-two (152) of which be counted. These were voters that either moved and failed to re-register or had a name change. Jaimes then recommended that the remaining thirty-three (33) not be counted due to new registrants or no signatures. McElhaney made a motion that Ms. Jaimes recommendations be approved; Marion Johnson seconded and the motion carried unanimously.</P> <P>It should be noted that after the additional ballots were counted, the election results were not changed and no errors were found.</P> <P>McElhaney made a motion to adjourn; Johnson seconded and the motion carried.</P> <P>_____________________________ _______________________________<BR>Jere McElhaney, Chair Kay Pesnell, Register of Deeds</P> <P>ATTEST:</P> <P>_____________________________ _______________________________<BR>Patty Jaimes, County Clerk Marion Johnson, Appraiser</P>

<P>Chairman McElhaney called the meeting to order at 9:03 A.M. on Monday, August 19, 2002. All members were present. The Pledge of Allegiance was recited.</P> <P>Jones made a motion to approve the minutes of March 6, March 13 and August 1, 2002. Johnson seconded and the motion carried unanimously.</P> <P><STRONG>CONSENT AGENDA 08-19-02</STRONG><BR>Johnson made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5042, 5043 and 5044. Orders are on file in the office of the County Clerk; and</LI> <LI>Authorize the Chair to execute an Agreement with the Kansas Depart ment of Transportation for the inspection of the pin and hangar assem blies on the Kansas River Bridge at Lecompton.</LI></UL> <P>Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>RESOLUTIONS 08-19-02</STRONG><BR>The Board considered approval of a resolution authorizing the offering for sale of General Obligation Sales Tax Refunding Bonds, Series 2002-A and General Obligation Refunding Bonds, Series 2002-B, of Douglas County, Kansas. Johnson made a motion to approve Resolution No. 02-15 authorizing the offering for sale of General Obligation Sales Tax Refunding Bonds, Series 2002-A and General Obligation Refunding Bonds, Series 2002-B, of Douglas County, Kansas. Jones seconded and the motion carried unanimously.</P> <P><STRONG>ANNEXATION 08-19-02</STRONG><BR>The Board noted receipt of Resolution No. 6400 and Resolution 6401 adopted by the Lawrence City Commission on July 16, 2002, requesting that the Board of Douglas County Commissioners make certain findings as set forth in Section 4 of the resolutions, pursuant to K.S.A. 12-520c. Bryan Dyer, staff member of the Lawrence-Douglas County Metropolitan Planning Department, was present for the discussion. Resolution 6400 seeks approval for annexation of approximately 14.4 acres of City owned property (future park space); Resolution 6401 seeks approval for annexation of approximately 40 acres of City owned property (future park space). Annexation is requested because the properties are owned by the City and are both encumbered with conservation easements requiring the City to protect natural aspects of the properties. Jones made a motion that the Board of County Commissioners of Douglas County finds and determines that the re quested annexations will not hinder or prevent the proper growth and develop ment of the area or that of any other incorporated city located within Douglas County, all as provided by K.S.A. 12-520c. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>EMERGENCY COMMUNICATIONS &amp; PURCHASING 08-19-02</STRONG><BR>The Board discussed proposals received for the purchase of two (2) VHF base station repeaters and two (2) control stations for use in emergency fire and medical operations. Jones made a motion to accept the negotiated proposal of $27,509.58 submitted by TFM Communications for the purchase of two (2) VHF base station repeaters, and two (2) control stations for use in emergency fire and medical operations. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>EMERGENCY COMMUNICATIONS &amp; PURCHASING 08-19-02</STRONG><BR>The Board discussed the replacement of two (2) AS/400 computers currently used for Computer Assisted Dispatching and Jail records management at the Douglas County jail. Jim Denney, Director of Emergency Communications, was present for the discussion. Last April, IBM notified Douglas County that they will not support two AS/400 computers currently used for Computer Assisted Dis patching (CAD) and Jail records management at the Douglas County Jail after December 31, 2002. Loss of IBM support for these computers means repairs would not be possible should they fail after that date. These computers are also running very close to their maximum capacity for use as CAD and Jail manage ment computers. They are extremely slow and often cause a delayed dispatch or jail action. New computers will mean a migration of HTE CAD and Jail manage ment software as well as the current data. For proprietary reasons, the original vendor is the best choice to design the computer and perform the software and data migration. Negotiations were undertaken to obtain their best price for computer replacement and data migration and contracts have been drafted reflecting a total cost of $62,800. Jones made the following motion:</P> <P>to waive the bid requirement of the Purchasing Policy for the replacement of these computers; approve contracts with HTE VAR, LLC for replace ment of computers and migration of software and data in the amount of $57,800 for two computers and $5,000 for software and data migration; and authorize the Director of Emergency Communications to execute and administer the contracts.</P> <P>Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>ACCOUNTS PAYABLE 08-19-02</STRONG><BR>Jones moved approval of accounts payable in the amounts of $119,919.46 to be paid 8/5/02; $259,188.90 to be paid 8/12/02; $233,270.10 to be paid 8/19/02; accounts payable manual checks in the amounts of $2,563.75 and $2,037.34; and ACH Wire Transfer in the amount of $521,857.50 to be paid 8/30/02. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>APPOINTMENTS 08-19-02<BR></STRONG>Jones made a motion that Bob Newton, be reappointed to the Douglas County Emergency Management Board for a term to expire 7/1/03. Johnson seconded and the motion carried unanimously.</P> <P><STRONG>YOUTH SERVICES &amp; PURCHASING 08-19-02</STRONG><BR>Pam Weigand, Director of Youth Services, advised the Board that funding has been reduced by 6.5% for electronic monitoring funding. She recommended that the bids for electronic monitoring be rejected due to lack of funding. Johnson made a motion that the bids for electronic monitoring be rejected due to lack of funding; Jones seconded and the motion carried unanimously.</P> <P><STRONG>MISCELLANEOUS 08-19-02<BR></STRONG>At 11:00 A.M., McElhaney made a motion that the Board recess to go into Executive Session for 20 minutes with Craig Weinaug, County Administrator; Pam Madl, Director of Administrative Services; and Evan Ice, County Counselor, to discuss potential litigation. The Board returned to regular session at 11:18 A.M. No action was taken.</P> <P>McElhaney made a motion for adjournment. Jones seconded and motion carried unanimously.</P> <P>_____________________________ _____________________________<BR>Jere McElhaney, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk Charles Jones, Member</P>

<P>Chairman McElhaney called the meeting to order at 6:35 P.M. on Wednesday, August 21, 2002. All members were present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 08-21-02</STRONG><BR>There were no consent items.</P> <P><STRONG>BUDGET &amp; RESOLUTIONS 08-21-02</STRONG><BR>The Board conducted a public hearing on the proposed 2003 budget. Tim Holverson, Vice President of Public Policy, Lawrence Chamber of Commerce, made general comments and thanked the Commission for their job on the budget. McElhaney then closed the public hearing. Johnson then made a motion to approve Resolution No. 02-16 expressing the property taxation policy of the Board of Douglas County Commissioners with respect to financing the 2003 annual budget for Douglas County. Jones seconded and the motion carried unanimously.</P> <P><STRONG>PLANNING 08-21-02</STRONG><BR>The Board considered CUP-06-05-02, a revision to Conditional Use Permit CUP- 12-02-84 to add communication equipment on an existing tower located at 1761 N 1100 Road. Submitted by Selective Site Consultants, Inc. on behalf of Verizon Wireless, Scripps Howard Broadcast, tower owner, Harold and Athalie Lutz, property owners of record. Sandra Day, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented the item. Day explained that the proposed revision to the approved site plan portion of the CUP is for the construction of an equipment storage building and the co-location of additional communication equipment on the existing tower. The subject request is located in an area that is predominantly agricultural in character. Residential uses in this area are primarily associated with farming operations in the area. The County Commission approved a CUP in February 1984 (CUP-12-02-84). The property is an agricultural field and includes an existing 1033' tall tower used primarily for television broadcast equipment. A total of seven carriers are currently located on the tower structure.</P> <P>The existing tower predates the current regulations. The current regulations do not specifically address co-location review criteria. Ground mounted, building structures must comply with minimum building setback requirements. A building permit will also be required for the structure. The current structure is located over 500' from the east and west property lines. While this setback is not equivalent to the height of the tower as required by the current regulations, there are no surrounding land uses that are detrimentally affected by the structure.</P> <P>Access to the tower enclosure is provided via an existing gravel drive easement from N 1100 Road. The access drive will be extended south around the tower base and provide a foundation for the building as well as a turn-around area.</P> <P>The site plan shows the new equipment building being located just west of the tower and south of the existing buildings. The building along the other structures and the existing tower are located in the center of the property. In Planning Staff's opinion, the proposed building is a minor alteration to the existing CUP and therefore recommends approval of the revised Site Plan portion of CUP-06- 05-02 for the construction of an equipment storage building.</P> <P>Johnson stated for the record that he owned a very small amount of stock in Verizon. However, based on previous discussions with the County Counselor, this would not require an abstention by Johnson. Jones made a motion to approve the revised Site Plan portion of CUP-06-05-02 for the construction of an equipment storage building. Johnson seconded and the motion carried unani mously.</P> <P><STRONG>ACCOUNTS PAYABLE 08-21-02</STRONG><BR>Johnson moved approval of payroll in the amount of $559,886.20; electronic funds transfers in the amounts of $41,280.33 for FICA and $31,574.91 for KPERS to be paid 7/26/02; and ACH Bank Transfer in the amount of $165,908.75. Jones seconded and the motion carried unanimously.</P> <P><STRONG>APPOINTMENTS 08-21-02</STRONG><BR>McElhaney made a motion to reappoint Robert Lewis, 1201 W. 22nd Terrace, Lawrence, KS, to the Tri-County Advocacy Council on Aging for a two-year term to expire September 30, 2004. Johnson seconded and the motion carried unanimously.</P> <P>McElhaney made a motion for adjournment; seconded by Jones and carried unanimously.</P> <P>_____________________________ _____________________________<BR>Jere McElhaney, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk Charles Jones, Member</P>

<P>Chairman McElhaney called the meeting to order at 9:02 A.M. on Monday, August 26, 2002. All members were present. The Pledge of Allegiance was recited.</P> <P>Jones made a motion to approve the minutes of March 11, 2002. McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>CONSENT AGENDA 08-26-02<BR></STRONG>Jones made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5045, 5046, 5047, and 5048. Orders are on file in the office of the County Clerk;</LI> <LI>Approve Agreement between the Board of County Commissioners of Douglas County, Kansas and Bert Nash Community Mental Health Center, Inc. to provide mental health services to inmates; and</LI> <LI>Approve early distribution of ad valorem taxes.</LI></UL> <P>Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>MISCELLANEOUS 08-26-02</STRONG><BR>Tom Sloan, 45th District Representative, appeared before the Board requesting minimal site maintenance to facilitate the location of a river access facility near Lecompton. Representative Sloan has been working with the people of Lecompton and the Department of Wildlife and Parks to acquire a river access facility near Lecompton and has successfully arranged financing through the state's boating fee fund. Because of the active use of the BNSF railroad tracks on the Douglas County side of the river and the short sight line around the curve, the Department believes that it is unreasonable to risk citizens' lives trying to cross the tracks carrying can&#160;s and other items. However, they are interested in constructing an access point on the north side of the Kansas River bridge at Lecompton. Department of Wildlife &amp; Parks Secretary, Mike Hayden, has indicated a willingness to construct the access point if a local unit of government will help maintain the facility. Specifically, they request a commitment to provide trash pickup, mowing, and other minor tasks such as these that may be needed. Jones made a motion that Douglas County commit to provide minimal site maintenance services to facilitate the location of the river access facility near Lecompton; Johnson seconded and the motion carried unanimously.</P> <P><STRONG>FAIRGROUNDS 08-26-02</STRONG><BR>The Board discussed building lease policies at the Douglas County Fairgrounds. Bill Bell, Director of Buildings and Grounds, and several members of the Exten sion Office and Douglas County Fair Board were present for the discussion. Bell requested direction from the Commission on four issues -- fees waived; policy discussion for bumping or rescheduling non-paying groups for paying groups that are major events; animal waste; and open ride.</P> <P>Fees waived. The current policy authorizes the County Administrator to waive fees for youth organizations that are recognized as national, state, or local organizations that benefit the youth of Douglas County. We are experiencing more requests for waived fees from various groups that might, for example, want to hold a garage sale to help pay for the children's fees for a dance club or some other private or for profit organization. Where do we draw the line1/2 Johnson suggested that a review committee be appointed to review this policy and make recommendations. It was the consensus that a committee consisting of a representative from the Fair Board, the Extension Office and Bill Bell, and Dean Nieder as an ex-officio member. The County Administrator was directed to initiate the meetings and charge the committee with the tasks of setting a policy for waiving the fees, and to take a look at the fee structure and make recommen dations.</P> <P>Policy discussion for bumping or rescheduling non-paying groups for paying groups that are major events: It was the intent of the prior Commission to see that the new Community Building be used as much as possible, especially for those groups paying fees. We occasionally have requests by groups that will be a major event and paying between $900 and $1800 to use the facility for three or four days. However, at times we find ourselves in a situation where a prior non- paying group has a reservation for a few hours on one of the days that the paying group requires for their event. Do we turn away the income due to a prior reservation, or do we do our best to accommodate the non-paying group by rescheduling1/2 It was the consensus of the Board that the non-paying group be rescheduled giving at least 30 days notice of the change.</P> <P>Animal waste: Groups using the Community Building for livestock shows leave the animal waste inside the building, on the parking lot, and in the field north of the building. The waste not only draws flies and other insects, but it can be annoying to other groups who use the building afterwards. Bell recommended that adequate tools and equipment be available requiring the responsible party to clean up the waste and dispose of it in the dumpster provided. If left uncleaned, a substantial fee would be deducted from the deposit. This provision would also apply to the livestock barns. It was the consensus of the Board to adopt this policy.</P> <P>Open ride: The previous Commission made a provision for a time slot for what was to be called open ride. Open ride was to provide the public with access to the arena on each available Tuesday to ride their horses for a fee of $15 for all riders 18 or over. Riders under the age of 18 are free. The riding time was any time between 8:00 A.M. and 10:00 P.M. This type of pleasure riding can only work if everyone is simply riding. Bell recommended that open ride be defined as leisure riding, that d&#160;s not include practice for barrel racing, team roping, or any other competitive event. For those wishing to practice for these types of competi tive events, the building is available at $60 per hour or $300 per day and a reservation will be required. Proof of insurance is also required in the amount of $500,000 bodily injury and $100,000 property damage.</P> <P><STRONG>ACCOUNTS PAYABLE 08-26-02</STRONG><BR>Jones moved approval of accounts payable in the amount of $219,373.41 to be paid 8/26/02; accounts payable manual checks in the amount of $2,037.34; payroll in the amount of $578,140.34, and electronic funds transfers in the amounts of $32,340.32 for KPERS, and $41,630.49 for FICA to be paid 8/23/02. Johnson seconded and the motion carried unanimously.</P> <P>McElhaney made a motion for adjournment. Jones seconded and motion carried unanimously.</P> <P>_____________________________ _____________________________<BR>Jere McElhaney, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk Charles Jones, Member</P>

<P>Chairman McElhaney called the meeting to order at 6:40 P.M., on Wednesday, August 28, 2002. All members were present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 08-28-02</STRONG><BR>Jones made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order No. 5049. Order is on file in the office of the County Clerk; and</LI> <LI>Note receipt of fee reports for the month of July.</LI></UL> <P>Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>ANNEXATION 08-28-02</STRONG><BR>The Board noted receipt of a petition and consent for annexation for a parcel of approximately forty acres to the City of Eudora. Ron Conner, Mayor of the City of Eudora, made a brief comment. Jones made a motion that the Board finds that the proposed annexation will not hinder or prevent the proper growth and development of the area or that of any other incorporated city located within Douglas County. Johnson seconded and the motion carried unanimously.</P> <P><STRONG>RESOLUTIONS, PUBLIC WORKS &amp; ZONING 08-28-02<BR></STRONG>The Board considered approval of a Home Rule Resolution providing for the temporary prohibition of the issuance of permits for the construction or place ment of dwellings and mobile homes on tracts of land gaining primary access through minimum maintenance roads. Craig Weinaug, County Administrator, presented the item. Weinaug explained that this resolution was drawn up as a one year moratorium since it is anticipated that the Commission might want to look at this regulation more comprehensively. This would give the Planning Staff, the Planning Commission, and the County Commission an opportunity to look at it more comprehensively within the context of the other zoning regulations. Weinaug noted that the townships had been notified that the Commission would be considering this item tonight. Weinaug further noted that he had been in contact with Chuck Wright, Trustee of Lecompton Township, who indicated that Lecompton Township would be in favor of the resolution. The Board heard comments from Don Palmateer, Grant Township, and Jim Jolly, Marion Town ship. The Board then heard comments from Scott Stockwell. Johnson made a motion that the Board approve Home Rule Resolution No. 02-8-4 providing for the temporary prohibition of the issuance of permits for the construction or placement of dwellings and mobile homes on tracts of land gaining primary access through minimum maintenance roads. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>ZONING 08-28-02</STRONG><BR>The Board discussed a proposal to increase building permit fees. Keith Dabney, Director of Zoning and Codes, was present for the discussion. Dabney presented two options for consideration. Option One increases the fees collected by 27% per year for three years. Option Two increases the fees collected by 54% in 2003 and 27% in 2004. Dabney recommended approval of Option One since it has a less gradual increase over time. Johnson noted that the revenue that is collected will still be less than our costs for operating the Zoning &amp; Codes Department. Jones requested that staff prepare an accounting showing a projection of revenues and costs associated with building inspections, and include the departmental expenses with a description of other duties performed by the department that are not associated with building inspection. It was the consen sus of the Board to table this item until the documentation was completed, noting that Option One was preferred.</P> <P><STRONG>PARKS -- LONE STAR &amp; PUBLIC WORKS 08-28-02</STRONG><BR>Browning presented a resolution adopting the Lone Star Lake Operation and Maintenance Manual. Browning explained that the updated manual incorporates revisions to reflect reconstruction of the spillway and the resultant pool elevation and storage changes. Jones discussed potential flooding concerns and ques tioned the use of the word "inspection" on page 7 of the manual which states that "The lake staff shall conduct a daily visual inspection of the structure." Jones expressed liability concerns if the inspections weren't documented on a daily basis. Johnson made a motion that Resolution No. 02-17 Adopting the Lone Star Lake Operation and Maintenance Manual, be approved with the term "inspec tion" as noted above, be changed to observation. Jones seconded and the motion carried unanimously.</P> <P><STRONG>PARKS -- LONE STAR &amp; PUBLIC WORKS 08-28-02</STRONG><BR>Browning then presented the Updated Emergency Action Plan for Lone Star Lake Dam and Washington Creek Watershed. Johnson made a motion to approve the Plan, seconded by Jones, and carried unanimously.</P> <P><STRONG>EMERGENCY MANAGEMENT &amp; GRANTS 08-28-02</STRONG><BR>Johnson made a motion to approve the FFY 2003 State and Local Assistance Grant. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>ACCOUNTS PAYABLE 08-28-02</STRONG><BR>Jones moved approval of accounts payable in the amount of $772,782.05 to be paid 9/3/02, accounts payable manual checks in the amount of $128.75; payroll in the amount of $581,986.86; and electronic funds transfers in the amounts of $32,969.63 for KPERS and $42,978.25 for FICA to be paid 8/9/02. Motion was seconded by Johnson and carried unanimously. </P> <P><STRONG>EMERGENCY COMMUNICATIONS &amp; RESOLUTIONS 08-28-02</STRONG><BR>Weinaug presented Resolution No. 02-18 authorizing the continued imposition of a telephone user tax for the operation of an enhanced 911 emergency telephone service in Douglas County. Jones made a motion to adopt Resolution No. 02-18, Johnson seconded and the motion carried unanimously.</P> <P><STRONG>JUDICIAL &amp; LAW ENFORCEMENT CENTER 08-28-02<BR></STRONG>Jones updated the Commission on air quality concerns in the Judicial &amp; Law Enforcement Center. He toured the Center earlier in the week with staff and didn't find anything that appeared to be problematic. However, as a precaution, the filters will be changed more frequently and a few ceiling panels that appeared to have some water damage to them will be replaced. Once the renovations are completed, an air quality review will be conducted and issues will be addressed.</P> <P>McElhaney moved for adjournment; seconded by Jones and carried unani mously.</P> <P>_____________________________ _____________________________<BR>Jere McElhaney, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk Charles Jones, Member</P>

<P>Chairman McElhaney called the meeting to order at 9:07 A.M. on Monday, September 9, 2002, with two members present. Commissioner Johnson was absent. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 09-09-02</STRONG><BR>Jones made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5050 and 5051. Orders are on file in the office of the County Clerk; </LI> <LI>Approve the 2003 Phase Delineation Chart; </LI> <LI>Approve request from the 946th Transportation Detachment of the Army to use the fairgrounds as an alternate assembly site; and</LI> <LI>Approve applications for emergency vehicle permits as recommended by Sheriff Trapp.</LI></UL> <P>Motion was seconded by McElhaney and carried.</P> <P><STRONG>PARKS — LONE STAR &amp; BUDGET 09-09-02</STRONG><BR>The Board considered a request from Alta Sport with regard to county charges for support of the Lawrence Memorial Hospital Triathlon. Jim Whittaker, Race Director, was present for the discussion. At their meeting on June 3, 2002, the Board made the decision that Alta Sport must reimburse the Sheriff's Depart ment for time actually spent by Sheriff's personnel on the event. Whittaker asked the Board to reconsider this decision since the budgetary concerns are not as great as originally anticipated. Whittaker also requested permission to access the marina during the event. It was the consensus of the Board that Alta Sport reimburse Douglas County for actual costs charged for the use of 3 deputies and that the request to utilize the marina be granted.</P> <P><STRONG>AGREEMENTS &amp; PURCHASING 09-09-02</STRONG><BR>The Board discussed proposals received in response to the County's solicitation for depository and banking services. Jackie Waggoner, Purchasing Agent, and Pat Wells, Treasurer, were present for the discussion. Waggoner explained that seven (7) banks responded to the solicitation, four (4) of which have banks which have a Kansas charter or a main office in Kansas and has its main or branch office in Douglas County. According to K.S.A. 12-1675, these financial institu tions are first eligible to receive active funds. A committee of seven (7) reviewed the scope of each proposal and invited three (3) first eligible banks for interviews. The committee unanimously agreed that Central National Bank provided the best proposal. The committee asked for authorization to negotiate with Central National Bank with respect to both features and cost. The committee will bring their final recommendation and contract to the Board for approval following negotiations. Jones made a motion to authorize negotiations with Central National Bank for banking services. McElhaney seconded and the motion carried.</P> <P><STRONG>ACCOUNTS PAYABLE 09-09-02</STRONG><BR>Jones moved approval of accounts payable in the amount of $167,426.33 to be paid 9/9/02; accounts payable manual checks in the amounts of $309,944.32 and $230.00; payroll in the amount of $560,957.43; and electronic funds transfers in the amounts of $41,397.00 for FICA and $32,351.10 for KPERS to be paid 9/6/02. McElhaney seconded and the motion carried.</P> <P>McElhaney moved for adjournment. Jones seconded and the motion carried.</P> <P>_____________________________ _____________________________<BR>Jere McElhaney, Chairman Charles Jones, Member</P> <P>ATTEST:</P> <P>_____________________________<BR>Patty Jaimes, County Clerk</P>

<P>Chairman McElhaney called the meeting to order at 6:35 P.M. on Wednesday, September 11, 2002, with all members present. The Pledge of Allegiance was recited.</P> <P>Johnson made a motion to approve the minutes of March 27 and April 3, 2002; Jones seconded and the motion carried unanimously.</P> <P><STRONG>CONSENT AGENDA 09-11-02<BR></STRONG>Johnson moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5052 and 5053. Orders are on file in the office of the County Clerk.</LI></UL> <P><STRONG>RESOLUTIONS 09-11-02</STRONG><BR>The Board considered approval of a Resolution No. 02-19 authorizing the continued offering for sale of General Obligation Sales Tax Refunding Bonds, Series 2002-A and General Obligation Refunding Bonds, Series 2002-B, of Douglas County, Kansas. Johnson made a motion to authorize U.S. Bancorp Piper Jaffray, as Underwriter, to continue to monitor the refinancing of the County's outstanding general obligation bonds for a period of 90 days and that the Underwriter is authorized to move forward with the refunding of such general obligation bonds provided that the present value savings is equal to or exceeds $300,000. Motion was seconded by Jones and carried unanimously.</P> <P>Jones moved for adjournment; Johnson seconded and the motion carried.</P> <P>_____________________________ _____________________________<BR>Jere McElhaney, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk Charles Jones, Member</P>

<P>Chairman McElhaney called the meeting to order at 6:35 P.M. on Wednesday, September 18, 2002. All members were present. The Pledge of Allegiance was recited.</P> <P>Johnson made a motion to approve the minutes of April 5, April 15, and Septem ber 11, 2002. Jones seconded and the motion carried unanimously.</P> <P><STRONG>CONSENT AGENDA 09-18-02</STRONG><BR>Johnson made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order No. 5054. Order is on file in the office of the County Clerk.</LI></UL> <P>Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PLANNING 09-18-02</STRONG><BR>The Board considered Item No. 11 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated March 27, 2002. This item is CUP-02-02-02, a Conditional Use Permit request for topsoil removal on 56.2 acres generally located at 1724 E 902 Road. Requested by Irving A. and Esther L. Mitchell, property owners of record. Sandra Day, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented the item. This item comes to the Board with a unanimous recommendation for approval based upon the following Findings of Fact:</P> <P>Zoning and uses of property nearby. The surrounding property, in all direc tions, is used for agricultural purposes. Scattered rural residential uses are located along County roads to the northeast and to the west.</P> <P>Character of the area. The subject property is located northwest of the City Limits on the east side of the K-10 Highway [South Lawrence Trafficway]. The area is dominated by agricultural activities. The subject property is located within Service Area 4 described in Horizon 2020.</P> <P>Suitability of subject property for the uses to which it has been restricted.As noted above, the subject property is zoned for agricultural use. The suitability of the subject property for its current use will be altered by the approval of a CUP. However, without proper conservation practices, removal of topsoil could impact the ability of the property to be used for future agricultural activities. There are no residential uses immediately adjacent to the property. The "undeveloped" nature of the surrounding area contributes to the suitability of the agricultural character of the area.</P> <P>Extent to which removal of restrictions will detrimentally affect nearby property. Detrimental impacts can result from excessive removal or exposure of soil without necessary erosion control practices. Additionally, there is an existing Williams Pipe Line Company transmission line across the southern portion of the property. If appropriate safeguards are not implemented, damage to the line could occur. However, these impacts can be mitigated through additional condi tions and execution of an acceptable encroachment agreement from Williams Pipe Line.</P> <P>Length of time subject property has remained vacant as zoned. The subject property is currently unimproved and is used for agricultural purposes. The property has been zoned for agricultural purposes since the adoption of the County Zoning Regulations in 1966.</P> <P>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 proposed use will not prohibit the property owner from use the land for various allowed uses under the current A (Agricultural District) zoning restrictions. No significant gains are anticipated for the public health, safety or welfare that would result from the denial of the CUP for topsoil removal.</P> <P>Conformance with The Comprehensive Plan. Horizon 2020 d&#160;s not directly address the issue of special or conditional uses. The plan provides basic guid ance regarding major infrastructure improvements and major land use catego ries. The subject property is located within the long-term urban growth area Future urban development would depend on the availability of major urban infrastructure.</P> <P>AND subject to the following conditions:</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>1. Provision of the following notes on the face of the site plan regarding Williams Pipe Line:<BR>a. "Applicant shall contact One Call and Williams Pipeline Company, L.L.C. prior to cut activities within 50' either side of the pipeline (100' total on center) to allow for necessary stress analysis on the pipe for the additional surface load from excavation equipment and measurement of existing and proposed soil removal."<BR>2. Provision of a site plan per Section 19A-4 of the County Zoning Regu lations, prior to the consideration of this item by the County Commis sion that includes the following:<BR>a. Existing and proposed contours;<BR>b. Legal description and graphical boundaries;<BR>c. Direction of proposed storm drainage flow;<BR>d. The location and size of trees;<BR>e. Current elevation of soil to be removed;<BR>f. Note stating anticipated truck traffic and hours of operation;<BR>g. Proposed erosion control measures;<BR>h. Provision of a restoration plan, per the approval of the Douglas County Natural Resources Conservation District.<BR>i. Provision of a site plan that shows the location and dimension of all existing utilities and easements located on the property; and<BR>j. Provision of a revised site plan to show a maintained 20' vegetation buffer along all property lines, to control soil erosion.<BR>3. Provision of the following notes on the face of the site plan that state:<BR>a. "A minimum of 4" of topsoil shall remain on the site and shall not be disturbed."<BR>b. "The maximum number of acres disturbed at one time shall not exceed 6 acres."<BR>c. No more than 5 truck loads of dirt shall be removed from the site per day with hauling limited to take place only from Monday through Friday."<BR>d. "All areas on the property not being actively used for topsoil re moval shall be maintained with a vegetative cover to reduce undue soil erosion and potential dust problems."<BR>e. "Permanent or temporary soil stabilization should be applied to denuded areas that will remain undisturbed for longer than 60 days"<BR>f. "The Conditional Use Permit is valid for a period of up to 3 years from the date of approval by the Board of County Commissioners. Extension of the CUP for an additional period of time may be considered by the Board of County Commissioners.</P></BLOCKQUOTE> <P>After discussion, Johnson made a motion to approve CUP-02-02-02 subject to the following amended conditions:</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>1. Provision of the following notes on the face of the site plan regarding Williams Pipe Line:<BR>a. "Applicant shall contact One Call and Williams Pipeline Company, L.L.C. prior to cut activities within 50' either side of the pipeline (100' total on center) to allow for necessary stress analysis on the pipe for the additional surface load from excavation equipment and measurement of existing and proposed soil removal."<BR>2. Provision of a site plan per Section 19A-4 of the County Zoning Regu lations, prior to the consideration of this item by the County Commis sion that includes the following:<BR>a. Existing and proposed contours;<BR>b. Legal description and graphical boundaries;<BR>c. Direction of proposed storm drainage flow;<BR>d. The location and size of trees;<BR>e. Current elevation of soil to be removed;<BR>f. Note stating anticipated truck traffic and hours of operation;<BR>g. Proposed erosion control measures;<BR>h. Provision of a restoration plan, per the approval of the Douglas County Natural Resources Conservation District.<BR>i. Provision of a site plan that shows the location and dimension of all existing utilities and easements located on the property; and<BR>j. Provision of a revised site plan to show a maintained 20' vegetation buffer along all property lines, to control soil erosion.<BR>3. Provision of the following notes on the face of the site plan that state:<BR>a. "A minimum of 4" of topsoil shall remain on the site and shall not be disturbed."<BR>b. "The maximum number of acres disturbed at one time shall not exceed 6 acres."<BR>c. No more than 10 truck loads of dirt shall be removed from the site per day with hauling limited to take place only from Monday through Friday from 8 A.M. to 8 P.M.; Saturday from 8 A.M. to 5 P.M.; and no hauling to be permitted on Sunday."<BR>d. "All areas on the property not being actively used for topsoil re moval shall be maintained with a vegetative cover to reduce undue soil erosion and potential dust problems."<BR>e. "Permanent or temporary soil stabilization should be applied to denuded areas that will remain undisturbed for longer than 60 days"<BR>f. "The Conditional Use Permit is valid for a period of up to 5 years from the date of approval by the Board of County Commissioners. Extension of the CUP for an additional period of time may be considered by the Board of County Commissioners.<BR>g. Comply with recommendations of soil conservation service.</P></BLOCKQUOTE> <P>Jones seconded and the motion carried unanimously.</P> <P><STRONG>PUBLIC WORKS &amp; RESOLUTIONS 09-18-02</STRONG><BR>The Board considered approval of a resolution establishing temporary speed limits on portions of N 1700 Road and E 400 Road. Keith Browning, Director of Public Works/County Engineer, was present for the discussion. Browning explained that these roads, located in Kanwaka Township, are not part of the official detour for the Route 442 project. However, these roads are experiencing use by drivers who may not be familiar with the local conditions of the roads. Due to the nature of the work on Route 442, local residents along Route 442 must use N 1700 Road and E 400 Road for access to and from their houses. In addition, some local residents along the township roads feel that non-local traffic is utilizing these roads rather than the official detour. The proposed speed limits are meant to be temporary and in force only until the completion of the Route 442 project. At that time, local traffic should return to normal. If deemed appropriate at the project's completion, the speed limits could be continued, altered, or removed altogether. Johnson made a motion to approve Resolution No. 02-20 establishing temporary speed limits on portions of N 1700 Road and E 400 Road. Jones seconded and the motion carried unanimously.</P> <P><STRONG>ACCOUNTS PAYABLE 09-18-02</STRONG><BR>Jones moved approval of accounts payable in the amount of $271,995.01 to be paid 9/16/02. Johnson seconded and the motion carried unanimously.</P> <P>McElhaney made a motion for adjournment; seconded by Jones and carried unanimously.</P> <P>_____________________________ _____________________________<BR>Jere McElhaney, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk Charles Jones, Member</P>

<P>Chairman McElhaney called the meeting to order at 9:07 A.M. on Monday, September 23, 2002. All members were present. The Pledge of Allegiance was recited.</P> <P>Jones made a motion to approve the minutes of April 22, 2002. Johnson sec onded and the motion carried unanimously.</P> <P><STRONG>CONSENT AGENDA 09-23-02</STRONG><BR>There were no consent items.</P> <P><STRONG>PLANNING 09-23-02</STRONG><BR>The Board considered approval of CUP-08-08-02, a Conditional Use Permit request for a 150' monopole communications tower to be located southeast of 33rd and Iowa Streets (east of Payless Cashways). Requested by Curtis M. Holland of Polsinelli/Shalton/Welte for Cingular Wireless. Property owners of record are RA and JC, LLC. Sandra Day, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented the item. Day explained that Article 19 of the County Zoning Regulations requires the approval of a Conditional Use Permit for any tower or other similar structure 100 feet or more in height. The CUP process includes submission of a site plan, which complies with Section 19-4.31(b). The Board of County Commissioners approved the CUP, including the original site plan, on September 24, 2001. The proposed co- location of equipment will not alter the tower height, location, setback, or lease area. The proposed request d&#160;s include a 10' by 14' pad for the equipment building at the base of the tower. The original tower was constructed to accom modate additional communication providers. The immediately surrounding area is commercial/agricultural in nature. The proposed tower is set back into the site. Equipment for the existing communication antenna is located in a building at the tower base. Any ground-mounted lighting should be specified on the site plan for the new building. The proposed site plan complies with the required submission information. Planning Staff recommends approval of the revised site plan portion of this CUP subject to the following conditions:</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>1. Provision of a note that states "Any ground-mounted lighting shall be shown on the site plan and approved by City/County Staff prior to construction."<BR>2. Provision of a revised site plan to revise the site map to accurately show the location.<BR>a. Change E 130th Road to E 1300 Road and change E 140th Road to E 1400 Road.</P></BLOCKQUOTE> <P dir=ltr>Johnson made a motion to approve the revised site plan portion of the CUP subject to the above conditions. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>AMBULANCE &amp; PURCHASING 09-23-02<BR></STRONG>The Board discussed bids received for the purchase of one (1) new Type III ambulance. Johnson made a motion to accept the low bid in the amount of $117,824 received from Truck Centers, Inc. — Medic Master/American LeFrance for the purchase of one (1) new Type III ambulance. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>HISTORICAL &amp; PARKS — BLACK JACK 09-23-02</STRONG><BR>The Board considered a request for support of the Commission for application of Black Jack Battleground for recognition on the National Register of Historic Places. Carolyn Bailey Berneking and Raymond Powers made brief presenta tions asking for the Commission's endorsement of the nomination. Dennis Enslinger, staff member of the Lawrence-Douglas County Metropolitan Planning Department, was also present for the discussion. It was the consensus of the Board to table this item until a meeting could be organized with adjoining landowners.</P> <P>Johnson excused himself at 10:30 A.M.</P> <P><STRONG>AGREEMENTS 09-23-02<BR></STRONG>The Board discussed the negotiated proposal for banking services. Jackie Waggoner, Purchasing Agent, presented the item. Waggoner noted that negotia tions with Central National Bank for depository and banking services was complete. Chuck Warner, President of US Bank made brief comments. Jones moved approval of the negotiated proposal for banking services from Central National Bank for a one (1) year contract with the option to renew for two (2) years. McElhaney seconded and the motion carried.</P> <P><STRONG>ACCOUNTS PAYABLE 09-23-02</STRONG><BR>Jones moved approval of accounts payable in the amount of $606,312.53 to be paid 9/23/02; accounts payable manual checks in the amount of $1,235.16; payroll in the amount of $576,243.28; and electronic funds transfers in the amounts of $42,573.38 for FICA and $33,631.86 for KPERS to be paid 9/20/02. McElhaney seconded and the motion carried.</P> <P>McElhaney then made a motion for adjournment; seconded by Jones and carried.</P> <P>_____________________________ _____________________________<BR>Jere McElhaney, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk Charles Jones, Member</P>

<P>Chairman McElhaney called the meeting to order at 6:37 P.M. on Wednesday, September 25, 2002. All members were present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 09-25-02</STRONG><BR>Johnson made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve request from the City of Eudora to close Main Street (County Route 1061) from 7th Street to 10th Street on October 5, 2002 from 7:00 A.M. until 7:00 P.M. to celebrate the Annual Eudora Fest.</LI></UL> <P>Jones seconded and the motion carried unanimously.</P> <P><STRONG>PUBLIC WORKS 09-25-02</STRONG><BR>The Board discussed activities for "Put the Brakes on Fatalities Day," to be held on October 10, 2002. Keith Browning, Director of Public Works/County Engineer, was present for the discussion. This will be the second annual "Put the Brakes on Fatalities Day" across the nation. It has been established to focus national attention on reducing traffic fatalities in the United States. The day is being coordinated by a coalition of more than forty national safety organizations, government organizations, and private companies. Last year the Commission proclaimed October 10, 2001 to be "Put the Brakes on Fatalities Day" (PBF) in Douglas County. The Traffic Safety Advisory Committee (TSAC) requests that the Commission sign a similar proclamation this year. In addition, the TSAC would like to place an ad in the newspaper to notify the public of PBF Day. Last year, the Commission funded the cost of two ads placed in the Journal-World at a cost of $482 per ad. This year, the projected cost would be $511 per ad. Browning noted that he thought that one ad would be sufficient. Browning also suggested that a Commissioner do a Public Service Announcement and/or write an op-ed piece for the newspaper. Johnson stated he thought those were good ideas which should be handled by the Chairman. Jones made a motion that the promotional activities around "Put the Brakes on Fatalities Day" be approved in an amount not to exceed $600 for advertisements. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>BYPASS 09-25-02</STRONG><BR>Mike Rees, Chief Counsel of the Kansas Department of Transportation (KDOT) presented an agreement between KDOT, Baker University, and Douglas County, Kansas. This agreement is made in connection with KDOT Project for the construction of Highway K-10 east from the completed work at Highway K-10 and Highway 59 to a connection with Highway K-10 east of the City of Lawrence. A transcript -- based on audio recording of testimony and discussion,<BR>augmented by recollection of some inaudible comments -- is on file in the<BR>office of the County Administrator. A motion was made by Johnson to approve the Interlocal Agreement with the Kansas Department of Transportation and Baker University with regard to the South Lawrence Trafficway, which agreement includes provision for vacation of 31st Street by Douglas County, contingent upon the construction of the trafficway on the 32nd Street alignment. Motion was seconded by McElhaney and carried 2-1. Commissioner Jones opposed.</P> <P>Johnson moved for adjournment; Jones seconded and the motion carried unanimously.</P> <P>_____________________________ _____________________________<BR>Jere McElhaney, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk Charles Jones, Member</P>

<P>The Board of County Commissioners of Douglas County, Kansas, conducted a joint meeting with the Lecompton City Council at the Lecompton Community Building on Wednesday, October 2, 2002. Chairman McElhaney called the meeting to order at 6:40 P.M. with all members present.</P> <P><STRONG>PROCLAMATION 10-02-02</STRONG><BR>McElhaney read a Proclamation proclaiming the week of October 6-12, 2002 to be "National 4-H Week" in Douglas County. Jones made a motion to adopt the Proclamation as read, seconded by Johnson and carried unanimously.</P> <P><STRONG>CONSENT AGENDA 10-02-02</STRONG><BR>Jones made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order No. 5055. Order is on file in the office of the County Clerk.</LI></UL> <P>Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>PUBLIC WORKS &amp; MISCELLANEOUS 10-02-02<BR></STRONG>The Boards then discussed the following items with the Lecompton City Council:</P> <UL> <LI>Fireworks;</LI> <LI>1029 Project;</LI> <LI>Possible 1023 Project; and</LI> <LI>Possible boat dock on the Kansas River</LI></UL> <P>No action was taken.</P> <P><STRONG>APPOINTMENTS 10-02-02</STRONG><BR>McElhaney made a motion to appoint Roy Paslay to the Lecompton Fire District No. 1 Board of Directors to fill the unexpired term of Dan Reese, who has resigned. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PUBLIC WORKS &amp; AGREEMENTS 10-02-02</STRONG><BR>Keith Browning, Director of Public Works/County Engineer, presented a Change Order for Route 442 Project No. 23 C-3472-01. Browning explained that this project entails reconstruction portions of the roadway to improve the vertical alignment and thereby improve sight distance. The remaining portions of the roadway are to remain in place with shoulders added and frontslopes and backslopes flattened to improve roadside safety. The pavement on the portions of roadway that are to remain is deteriorating. The Kansas Department of Transportation (KDOT) has been contacted about milling and overlaying the upper 11/2" of those pavement areas that are to remain replace. KDOT has agreed to allow adding this work to the federally funded project. The total cost to add the milling and overlay work is estimated to be $85,902.65. Federal funds would pay for 80% of this work leaving Douglas County responsible for approxi mately $17,200 of the total added cost. Johnson made a motion to approve the change order to Project No. 23 C-3472-01 for the milling and overlaying of portions of pavement that will not be replaced as part of the project at a maxi mum cost to Douglas County of $20,000. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>ACCOUNTS PAYABLE 10-02-02</STRONG><BR>Johnson moved approval of accounts payable in the amount of $140,334.77 to be paid 9/30/02. Jones seconded and the motion carried unanimously.</P> <P><STRONG>APPOINTMENTS 10-02-02</STRONG><BR>Johnson made a motion to appoint Pat Wells, County Treasurer, as the voting delegate and Kay Pesnell, Register of Deeds, as the alternate delegate for the 27th Annual Conference of the Kansas Association of Counties to be held November 18 and 19, 2002. Jones seconded and the motion carried unani mously.</P> <P>McElhaney made a motion for adjournment; seconded by Jones and carried unanimously.</P> <P>_____________________________ _____________________________<BR>Jere McElhaney, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk Charles Jones, Member</P>

<P>Chairman McElhaney called the meeting to order at 9:01 A.M. on Monday, October 7, 2002. All members were present. The Pledge of Allegiance was recited.</P> <P>Keith Browning, Director of Public Works/County Engineer, conducted a brief presentation recognizing the Public Works Operations crews for bridge repair work on Kasold Bridge.</P> <P><STRONG>PROCLAMATION 10-07-02</STRONG><BR>McElhaney read a proclamation proclaiming Thursday, October 10, 2002 as "Put the Brakes on Fatalities Day" in Douglas County, Kansas. Johnson made a motion to adopt the proclamation as read, seconded by Jones and carried unanimously.</P> <P>Peggy Wahlert, Director of Community Relations and Development of Cottonwood, Inc., read a proclamation proclaiming the week of October 12-20, 2002 as "National Javits-Wagner-O'Day Week." Jones moved approval of the proclama tion as read, seconded by Johnson and carried unanimously.</P> <P><STRONG>CONSENT AGENDA 10-07-02</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <UL> <LI>Note receipt of August fee reports;</LI> <LI>Approve the seventeen (17) Out-District College Tuition Statements in the amount of $30,636;</LI> <LI>Approve Home Rule Resolution No. HR-02-10-7 Amending the 1997 Edition of the Uniform Building Code, as adopted by Home Rule Resolution No. HR-99-6-2;</LI> <LI>Approve Resolution No. 02-22 relating to and amending a regulated planning and zoning classification within the unincorporated territory of Douglas County, Kansas. The zoning classification is changed from "A" (Agricultural District) to "I-2" (Light Industrial District) for Maple Grove North No. 2;</LI> <LI>Approve Resolution No. 02-23 relating to and amending a regulated planning and zoning classification within the unincorporated territory of Douglas County, Kansas. The zoning classification is changed from "A" (Agricultural District) to "A-1" (Suburban Home Residential District) for Oak Grove Estates; and</LI> <LI>Approve Contract for Apprisal Services with Keller and Associates for Project No. 23C-3688-01; County Route 1029 from Route 438 to Lecompton. McElhaney noted for the record that he is listed as a contractor of Keller and Associates. Craig Weinaug, County Adminis trator, asked that the record show that McElhaney was not getting paid for the project so there is no legal conflict requiring him to abstain.</LI></UL> <P>Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>ZONING 10-07-02</STRONG><BR>The Board considered approval of a request for a Temporary Business Use Permit received from Donna Wade Wingert, for the operation of a Flea Market to allow the retail sale of dried fruit and nuts from her residence at 693 E 1250 Road, Lawrence, KS. Keith Dabney, Director of Zoning &amp; Codes, was present for the discussion. Dabney noted that the proposed hours of operation will be from 7:30 A.M. to 6:30 P.M., from October 15 through November 30, 2002. The proposed location of the Temporary Business Use Permit would be in Mrs. Wingert's accessory building located at her residence. It is anticipated the parking area would be sufficient for approximately 20 parking spaces and space available for 200 plus vehicles on a gravel surface. Jones made a motion to approve the Temporary Business Use Permit, seconded by Johnson and carried. McElhaney abstained due to the fact that Mrs. Wingert is related to his wife.</P> <P><STRONG>INDUSTRIAL PARKS -- EAST HILLS 10-07-02</STRONG><BR>The Board considered approval of a request concerning property in East Hills Business Park that is leased by Amarr (The Garage Door Group). This request is that Douglas County, as owners of the property leased to Amarr, sign a Letter of Map Amendment (LOMA) application to remove a portion of the property from the Special Flood Hazard Area (SFHA). The basis of the application is that detailed survey data reveals that a portion of the property is currently above the base flood elevation (100-year floodplain), and therefore should not have been included in the SFHA. The topographic d&#160;s indeed show that a portion of the property is above the base flood elevation of approximately Elevation 816. John Selk, Landplan Engineering, was present for the discussion. Johnson made a motion to authorize the Chair to execute the LOMA application. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PUBLIC WORKS 10-07-02</STRONG><BR>The Board discussed the extension of Kasold Drive from 31st Street to the bridge over the Wakarusa River on E 1150 Road. Keith Browning, Director of Public Works/County Engineer, and George Williams, Special Projects Engineer, were present for the discussion. Williams presented information regarding the different alignments. It was the consensus of the Board that staff be directed to arrange a meeting with the Board and the Technical Advisory Committee to discuss future needs.</P> <P><STRONG>SHERIFF &amp; PURCHASING 10-07-02</STRONG><BR>The Board discussed the purchase of patrol vehicles for the Sheriff's Office. Weinaug explained that the Sheriff's budget allows for the purchase of nine (9) new vehicles. However, they would like to trade in six (6) of their high mileage cars and purchase nine (9) increasing their fleet by three (3). Johnson made a motion to authorize the solicitation of bids for the purchase of nine (9) new vehicles for the Sheriff's Office. Jones seconded and the motion carried unani mously.</P> <P><STRONG>PURCHASING, PUBLIC WORKS, &amp; SHERIFF 10-07-02</STRONG><BR>The Board discussed bids submitted for unleaded and diesel fuel. Jackie Waggoner, Purchasing Agent, was present for the discussion. Waggoner explained that three (3) bids (Capital City Oil, Fuelman of Mid America, and Zaroco) were received. Bidders were asked to submit (by completing a form) costs for freight, applicable taxes, and their per gallon rate over these costs. Additionally, they were required to provide a copy of the Oil Producer Index Survey (OPIS) average price for a specific date from their rack. Rather than just listing their per gallon rate on the form, Zaroco added their per gallon rate to the OPIS average to complete the form. Therefore, their bid amount is substantially higher by the average OPIS cost than the other two bidders and only the Board of County Commissioners has the authority to allow this type of correction to a bid. The Board has the following options with respect to the fuel bid:</P> <UL> <LI>Approve changes to be made to Zaroco's bid;</LI> <LI>Reject Zaroco's bid; or</LI> <LI>Rebid the fuel contract.</LI></UL> <P>Jones asked whether correcting the numbers left an opening for manipulation. Waggoner noted that the error was in the OPIS amount and the bottom dollar would not change. She also noted that the other two bidders have okayed the change. Jones then made a motion to authorize that changes be made to Zaroco's bid. Johnson seconded and the motion carried unanimously.</P> <P><STRONG>ACCOUNTS PAYABLE 10-07-02</STRONG><BR>Jones moved approval of accounts payable in the amount of $344,402.38 to be paid 10/7/02; accounts payable manual checks in the amount of $1,235.16; payroll in the amount of $604,530.26; and electronic funds transfers in the amounts of $37,158.74 for KPERS and $44,739.33 for FICA to be paid 10/4/02. Motion was seconded by Johnson and carried unanimously.</P> <P>Jones moved for adjournment; Johnson seconded and the motion carried.</P> <P>_____________________________ _____________________________<BR>Jere McElhaney, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk Charles Jones, Member</P>

<P>Chairman McElhaney called the meeting to order at 6:35 P.M. on Wednesday, October 16, 2002. All members were present. The Pledge of Allegiance was recited.</P> <P>Jones made a motion to approve the minutes of August 28, 2002. Johnson seconded and the motion carried unanimously.</P> <P><STRONG>CONSENT AGENDA 10-16-02</STRONG><BR>Johnson moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order No. 5056. Order is on file in the office of the County Clerk;</LI> <LI>Authorize the Chair to execute Termination of Parking Lease with Allen Press effective November 30, 2002; and</LI> <LI>Approve Amendment to Interlocal Cooperation Agreement with the City of Lawrence regarding Emergency Communications and adding a representative of Fire Chiefs Association to the 911 Advisory Board.</LI></UL> <P>Jones seconded and the motion carried unanimously.</P> <P><STRONG>MISCELLANEOUS 10-16-02</STRONG><BR>Lynn Parman, Vice President of Economic Development of the Lawrence Chamber of Commerce, presented an update on economic development program efforts. Parman then presented a request for funding of Economic Development Marketing Brochures. Jim Martin, Co-Chairman of the Douglas County-City of Lawrence Economic Development Board, was also present for the discussion. Martin explained that this is a one time request to have the resources to develop a high quality marketing package. These documents would be good for five (5) years. The current marketing materials are at least fifteen (15) years old and need to be updated. Martin stated that he believed we would lose potential jobs without these high quality documents to present to potential employers. Parman then presented a detailed description of the project including the budget and time line. She noted that a preliminary request for proposals was conducted and the bids received were approximately $50,000. Douglas County Development, Inc. (DCDI) has approved $10,000 for this expenditure and verbal approval has been received from Aquila for a $3,000 grant. The City of Lawrence has also agreed to contribute $20,000. Johnson stated that he was pleased to see that the private sector has also been solicited for funds. Jones stated that while he is pleased with the work that has been done, he was not comfortable with the proposal for a number of reasons. He expressed concern about the fact that this core docu ment hasn't been in included in the Chamber's budget in the past. He also noted that he d&#160;s not view DCDI's contribution as private money since it's ultimately funded by the taxpayers. Jones stated that other organizations have come before the Commission asking for funding with compelling stories who don't have the kind of fiscal resources available to them that the Chamber d&#160;s and he was not inclined to support this since he is not convinced that the Chamber has ex hausted its own internal resources. McElhaney stated that he was supportive of the request since he believes we need to be aggressive in attracting employers. Johnson then made the motion to approve the one-time request for $20,000 to help fund the development of marketing materials for the Economic Development Marketing Program. Motion was seconded by McElhaney and carried 2-1 with Jones opposing.</P> <P><STRONG>PARKS — WELLS OVERLOOK 10-16-02</STRONG><BR>McElhaney updated the Board on the continuing efforts at Wells Overlook Park. He stated that the Wells Overlook Restoration Committee has met and intends to start clearing all but a handful of hardwood trees from the park this fall. The project will also include burning and replanting the cleared area with native grasses, repairing or upgrading the existing sand box, preserving an existing shelter and picnic tables, hand-clearing of four trails, and adding an accessible ramp connecting the park and its 40-vehicle parking lot. McElhaney noted that he estimated that it would take up to twenty (20) months to clear all the trees by hand but he could probably accomplish the task in approximately three (3) weeks with bulldozers. It was the consensus of the Board to proceed with the plan as presented authorizing McElhaney to work out the details as to how it is accom plished.</P> <P><STRONG>ACCOUNTS PAYABLE 10-16-02</STRONG><BR>Johnson moved approval of accounts payable in the amount of $546,989.72 to be paid 10/14/02 and accounts payable manual checks in the amount of $365.54. Jones seconded and the motion carried unanimously.</P> <P><STRONG>APPOINTMENTS 10-16-02</STRONG><BR>Johnson made a motion to reappoint Kay Hodge, 891 E 300 Road, Overbrook, KS, and Alden Bradley, 2015 N 700 Road, Eudora, KS, to the Board of Zoning Appeals for three-year terms which shall expire October 31, 2005. Jones sec onded and the motion carried unanimously.</P> <P>Jones then requested staff to look into the possibility of limiting the number of terms that individuals can be appointed to boards. </P> <P>McElhaney made a motion for adjournment; seconded by Jones and carried unanimously.</P> <P>_____________________________ _____________________________<BR>Jere McElhaney, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk Charles Jones, Member</P>

<P>Chairman McElhaney called the meeting to order at 6:35 P.M. on Wednesday, October 23, 2002, with Commissioners McElhaney and Johnson present. Commissioner Jones participated via speaker phone. The Pledge of Allegiance was recited.</P> <P>Johnson made a motion to approve the minutes of September 24, 2002. Jones seconded and the motion carried unanimously.</P> <P><STRONG>CONSENT AGENDA 10-23-02</STRONG><BR>Johnson moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5057 and 5058. Orders are file in the office of the County Clerk; and</LI> <LI>Note receipt of fee reports for the month of September 2002.</LI></UL> <P>Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PUBLIC WORKS 10-23-02<BR></STRONG>The Board noted receipt of the 3-Year Summary of Accident Data on County Roadways. Keith Browning, Director of Public Works/County Engineer, was present for the discussion. Browning explained that the data was compiled by Andrew Morrow of the Department of Public Works for the Traffic Safety Advi sory Committee (TSAC). Browning noted that Morrow was also a member of the TSAC. The summaries were prepared to identify trends or obvious problems that should be addressed to improve safety on Douglas County roadways. No action was taken.</P> <P>Commissioner Jones excused himself at 7:15 P.M.</P> <P><STRONG>PUBLIC WORKS &amp; RESOLUTIONS 10-23-02</STRONG><BR>The Board considered approval of a Home Rule Resolution amending Section 9- 202 of the Douglas County Code and providing construction standards and permit requirements for entrances on county routes. Browning explained that this resolution combines the original entrance standards resolution (HR-88-11-8) and the recently approved shared entrance standards resolution (HR-02-7-3) into one resolution. This resolution d&#160;s not revise the construction standards or permit requirements for either single or shared entrances. Section 9-202-4 has been added to authorize the County Engineer to modify the entrance construction standards on a case-by-case basis if in his or her judgment strict adherence to the standards will involved increased risk to property or public safety. Browning then explained a current situation on Route 1045 where the entrance was constructed much too wide and the regulations were not enforced. The property has been sold and the new property owner runs a business which includes semi trailer traffic. In this particular situation, if you're southbound on 1045, as you go up on the hill there's a plateau, then you crest and the entrance is located as you start down. Browning stated that in this case it is appropriate to leave the en trance wider and this resolution would give him the authority to modify the standards. Johnson stated that he wanted to make sure the resolution stated that the discretion given to the County Engineer is with regard to safety issues and that it be documented and kept on file for future reference. Johnson also sug gested that the inspection fee of $25 be increased. McElhaney suggested that it be increased to $75. It was the consensus of the Board to direct staff to make the suggested changes to the home rule resolution and place it on a future agenda. The Board also directed staff to send a letter along with the new regulation to the townships and the Homebuilder's Association for their information.</P> <P>The Board then heard comments from Walt Spencer.</P> <P><STRONG>MISCELLANEOUS 10-23-02</STRONG><BR>The Board discussed a letter received from Congressman Dennis Moore re questing input from local officials on the issue combined statistical areas. John son made a motion to authorize staff to draft a letter for the Board's signature indicating that the Douglas County Commission feels strongly that Lawrence and Douglas County should not be lumped together with Kansas City as part of the Kansas City Metropolitan Area. McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>ACCOUNTS PAYABLE 10-23-02</STRONG><BR>Johnson moved approval of accounts payable in the amount of $121,761.90 to be paid 10/21/02; accounts payable manual checks in the amount of $1,235.16; payroll in the amount of $551,282.24; and electronic funds transfers in the amounts of $40,662.10 for FICA and $31,865.74 for KPERS to be paid 10/25/02. McElhaney seconded and the motion carried.</P> <P>McElhaney then made a motion for adjournment; seconded by Johnson and carried.</P> <P>_____________________________ ________________________________<BR>Jere McElhaney, Chair Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ ________________________________<BR>Patty Jaimes, County Clerk Charles Jones, Member</P>

<P>Chairman McElhaney called the meeting to order at 9:03 A.M. on Monday, November 4, 2002. All members were present. The Pledge of Allegiance was recited.</P> <P>Jones moved approval of the minutes of April 17, April 29, May 6, May 8, May 15, and May 29, 2002. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>CONSENT AGENDA 11-04-02</STRONG> <BR>Jones moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5057 and 5060. Orders are on file in the office of the County Clerk;</LI> <LI>Approve the Annual Review of the Douglas/Jefferson Counties Regional Solid Waste Management plan; and</LI> <LI>Approve grant offer from COPS MORE for a Mobile Data System in the amount of $318,409 with a required match of $106,153.</LI></UL> <P>McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>PLANNING 11-04-02</STRONG><BR>The Board considered approval of CUP-08-06-02, a permanent Conditional Use Permit for placement of a voltage regulator. The property is generally located at the southwest quadrant of E 1800 Road and N 200 Road. Submitted by Kansas City Power and Light Company for Robert L. Madl, property owner of record. Brian Pedrotti, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented the item. This item comes to the Board with a unanimous recommendation for approval based upon the following Findings of Fact:</P> <P>Zoning and uses of property nearby. The subject property is located generally at the southwest corner of E 1800 Road and N 200 Road. The site is agriculturally zoned and undeveloped. Surrounding property is agriculturally zoned and is undeveloped, agricultural property with scattered residences.</P> <P>Character of the area. The site is approximately 1 acre in size and is located on a portion of approximately 67 acres owned by Mr. Robert Madl. The area is largely agricultural and undeveloped in nature. It contains scattered residences.</P> <P>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. </P> <P>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.</P> <P>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 this site is not anticipated to detrimentally affect nearby property.</P> <P>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 expected to provide any gain to the public health, safety and welfare.</P> <P>Conformance with The Comprehensive Plan. The Conditional Use Permit for the proposed facility is not in conflict with Horizon 2020.</P> <P>AND subject to the following conditions:</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>1. Issues or concerns raised or identified by the Baldwin City Planning Commission in their public hearing process that were not part of the public hearing process held by the Lawrence-Douglas County Metropolitan Planning Commission be forwarded to the County Commission along with the individual recommendations of both Planning Commissions; and</P> <P dir=ltr>2. Approval of the proposed driveway by the Palmyra Township Board prior to construction.</P></BLOCKQUOTE> <P dir=ltr>Pedrotti noted that the Baldwin City Planning Commission has also approved the CUP. Jones made a motion to approve CUP-08-06-02 subject to the above conditions, noting that the five (5) and ten (10) year review process will not be necessary since this is a utility. McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>PURCHASING &amp; PUBLIC WORKS 11-04-02</STRONG><BR>The Board discussed bids received for the purchase of two (2) heavy duty tandem dump trucks, two (2) snow plows, and two (2) spreaders for the Public Works Operation Division. McElhaney made a motion to accept the low bid received from KCR International Trucks in the amount of $201,808; authorize the rejection of the trade-in offers of two (2) dump trucks both with a snow plow and spreader; and authorize staff to send the trucks to Nationwide Auction for auction. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>ACCOUNTS PAYABLE 11-04-02<BR></STRONG>Jones moved approval of accounts payable in the amount of $419,983.92; accounts payable manual checks in the amount of $1235.16; payroll in the amount of $552,817.33; and electronic funds transfers in the amounts of $40,765.69 for FICA and $31,869.67 for KPERS to be paid 11/1/02. Motion was seconded by McElhaney and carried unanimously.</P> <P>McElhaney made a motion to adjourn; seconded by Jones and carried unanimously.</P> <P>_____________________________ _____________________________<BR>Jere McElhaney, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk Charles Jones, Member</P>

<P>The Board of County Commissioners of Douglas County met in special session on Friday, November 8, 2002 with all members present. The purpose of the special meeting was to canvass the results of the General Election which was held on Tuesday, November 5, 2002.</P> <P>There were one thousand seventy-eight (1078) provisional ballots. Patty Jaimes, County Clerk, recommended that six hundred ninety-six (696) of which be counted. These were voters that either moved and failed to re-register or had a name change. Jaimes then recommended that the remaining three hundred eighty-two (382) not be counted due to new registrants, no signatures, or voting after the noon deadline by advanced voters. Jaimes noted her recommendations were based on guidelines issued by the Secretary of State and approved by the County Clerk's Association.</P> <P>Jones made a motion that Ms. Jaimes recommendations be approved; Johnson seconded and the motion carried unanimously.</P> <P>It should be noted that after the additional ballots were counted, the election results were not changed and no errors were found.</P> <P>McElhaney made a motion to adjourn; Johnson seconded and the motion carried.</P> <P>_____________________________ _______________________________<BR>Jere McElhaney, Chair Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _______________________________<BR>Patty Jaimes, County Clerk Charles Jones, Member</P>

<P>Chairman McElhaney called the meeting to order at 9:02 A.M. on Monday, November 11, 2002. All members were present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 11-11-02</STRONG><BR>Johnson moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5061 and 5062. Orders are on file in the office of the County Clerk;</LI> <LI>Approve the fifteen (15) Out-District College Tuition Statements in the amount of $116,016;</LI> <LI>Approve Resolution No. 02-23 establishing a 30 miles per hour speed limit for a road construction zone located on County Route No. 1061; and</LI> <LI>Note receipt of fee reports for the month of October, 2002.</LI></UL> <P>Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>MISCELLANEOUS 11-11-02</STRONG><BR>Jane Bateman, representative of the Floodplain Regulation Subcommittee of the Planning Commission, appeared before the Board to discuss possible floodplain regulations in the unincorporated area of the county. John Haase, Roger Schenewerk, and Bryan Dyer were also present for the discussion. Bateman explained that the subcommittee recently completed this process for the city. Jones questioned the advantages and disadvantages of doing more than FEMA requires. Bateman responded that the FEMA map started 5 or 6 years ago and has already been altered. Some areas will flood more, some won't flood at all. Jones stated that he would like to see the FEMA floodplain maps showing where growth is expected. McElhaney noted he would like to think about it for a week or two before giving direction. Johnson suggested that an invitation be extended to Eudora, Baldwin and Lecompton to join the County Commission in discussion in a few weeks. </P> <P><STRONG>PLANNING 11-11-02</STRONG><BR>The Board considered Item No. 15 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated September 25, 2002. This item is TA-05-03-02: Text Amendment to Section 21-901.6 of the Joint City/County Subdivision Regulations to include a definition of the term "Undue Hardship." Mark Wilson, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented this item. This item comes to the Board with a recommendation for approval of the following text amendment:</P> <P><STRONG>21-802. VARIANCES.</STRONG><BR>In cases where there is hardship in carrying out the literal provi sions of these regulations (such as design criteria pertaining to lot width, lot depth, block depth, etc.), the planning commission may grant a variance from such provisions, except that in cases where there is hardship in carrying out the literal provisions found in section 21-706 (sanitary sewers) the appropriate governing body may grant a variance from such provisions.</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>(a) An application for a variance shall be made to the planning department. The planning commission shall give the applicant and any other interested persons an opportunity to be heard with respect to the proposed application for a variance from the provisions of the regula tions, except that the governing body shall give the applicant and any other interested persons an opportunity to be heard with respect to the proposed application for a variance from the provisions of section 21- 705.</P> <P>(b) A variance shall not be granted unless all of the following apply:<BR>(1) Strict application of these regulations will create an unnecessary hardship upon the subdivider;<BR>(2) The proposed variance is in harmony with the intended purpose of these regulations; and<BR>(3) The public health, safety and welfare will be protected. (Ord. 5500)</P></BLOCKQUOTE> <P><STRONG>21-901.7 (47) <U>Unnecessary Hardship</U>. The condition resulting from applica tion of these regulations when viewing the property in its environ ment that is so unreasonable as to become an arbitrary and capricious interference with the basic right of private property ownership, or convincing proof exists that it is impossible to use the property for a conforming use, or sufficient factors exist to constitute a hardship that would in effect deprive the owner of their property without compensation. Mere financial loss or the loss of a potential financial advantage d&#160;s not constitute unnec essary hardship.</STRONG></P> <P>Jones made a motion to approve Resolution No. 02-37 approving the above text amendment, seconded by Johnson and carried unanimously.</P> <P><STRONG>AGREEMENTS &amp; TREASURER 11-11-02</STRONG><BR>The Board considered approval of a lease agreement with Baldwin Properties, L.L.C. for the Baldwin Satellite Office. Johnson asked that there be an "out" clause added to the agreement in case future budgetary problems necessitate the need to close that office. It was the consensus of the Board to table this item, directing the County Treasurer to meet with the County Counselor to amend the agreement to include an "out" clause.</P> <P><STRONG>AGREEMENTS, PURCHASING, SHERIFF, &amp; PUBLIC WORKS 11-11-02<BR></STRONG>The Board discussed bids received for the County fuel contract. Jackie Waggoner, Buyer, presented this item. Three bids were received with the low bid being submitted by Zaroco. However, Zaroco carries only clear diesel fuel which would require the County to apply for a refund from the state for off road diesel fuel tax. This could involve a considerable amount of staff's time to monitor and apply for these refunds. The Public Works Department has expressed concern since Zaroco's two locations which provide diesel are located in areas that would be difficult and unsafe for large equipment (1500 E. 23rd Street and 647 E 1250 Road). Capital City Oil's location provides a more accessible and safer location and a more reliable accounting approach. Jones made a motion to accept the low bid received from Zaroco. Johnson seconded the motion which carried unanimously.</P> <P><STRONG>PURCHASING &amp; INFORMATION TECHNOLOGY 11-11-02</STRONG><BR>The Board discussed proposals received for a Storage Area Network (SAN). Six (6) proposals were received and three (3) suppliers were interviewed. Jim Lawson, Director of Information Technology, and Jackie Waggoner, Buyer, were present for the discussion. Staff requested authorization to negotiate a final contract with Tallgrass Technologies. In the event negotiations are not success ful, staff requested authorization to negotiate with Hitachi Data Systems. John son made a motion to authorize staff to negotiate with Tallgrass Technologies and possibly Hitachi Data Systems for a Storage Area Network. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PUBLIC WORKS 11-11-02<BR></STRONG>The Board then discussed the Capital Improvement Program. Keith Browning, Director of Public Works/County Engineer, presented additional projects for the program. It was the consensus of the Board to table further discussion until a later date.</P> <P><STRONG>ACCOUNTS PAYABLE 11-11-02</STRONG><BR>Johnson moved approval of accounts payable in the amount of $198,600.54 to be paid 11/11/02; DA longevity payroll in the amount of $8,250; and electronic funds transfers in the amounts of $632.70 for FICA and $219.00 for KPERS to be paid 11/8/02. Motion was seconded by McElhaney and carried.</P> <P>McElhaney moved for adjournment. Johnson seconded and the motion carried.</P> <P>_____________________________ _______________________________<BR>Jere McElhaney, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _______________________________<BR>Patty Jaimes, County Clerk Charles Jones, Member</P>

<P>Chairman McElhaney called the meeting to order at 6:36 P.M. on Wednesday, November 13, 2002. All members were present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 11-13-02</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5063, 5064, 5065 and 5066. Orders are on file in the office of the County Clerk.</LI></UL> <P>Johnson seconded and the motion carried unanimously.</P> <P><STRONG>PLANNING 11-13-02<BR></STRONG>The Board considered approval of CUP-08-07-02, a Conditional Use Permit request for Schaake's Pumpkin Patch, including the sale of farm-related mer chandise not produced on the farm. The property is generally located at 1791 N 1500 Road. Brian Pedrotti, 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:</P> <P>Zoning and uses of property nearby. The subject site is located on N 1500 Road. Surrounding zoning includes "A" (Agricultural) on all sides. Surrounding land uses are primarily agricultural with farm residences.</P> <P>Character of the area. The northern portion of the property is currently devel oped with Schaake's Pumpkin Patch. The remainder of the property is agricul tural. The character of the surrounding area is agricultural, with East Hills Business Park about 1/4 mile to the west and south.</P> <P>Suitability of subject property for the uses to which it has been restricted.The subject site is suitable for the proposed uses of agricultural and other products sales.</P> <P>Length of time subject property has remained vacant as zoned. The subject property is developed with the Schaake's Pumpkin Patch business. The primary sales use has existed for over 25 years. The property has been zoned "A" (Agricultural) District since 1966.</P> <P>Extent to which removal of restrictions will detrimentally affect nearby property. Traffic, visual, and noise impacts from the site will not substantially change from past conditions. The proposal should not detrimentally affect nearby property.</P> <P>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 primary benefit and/or gain to the public health, safety, and welfare of the Conditional Use Permit for the market is that it would provide residents and businesses of Douglas County with farm-grown agricultural and ag-related products. Denial of the request would impose a hardship on the applicant by requiring them to cease any non-farm product sales.</P> <P>Conformance with The Comprehensive Plan. The Conditional Use Permit for the proposed facility is consistent with the goals and policies in Horizon 2020.</P> <P>AND subject to the following conditions:</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>1. Revise the text of the site plan to provide the following information:<BR>a. Provision of a note on the site plan stating, "Retail sales of items not produced on site is limited to 3,500 square feet of floor area."<BR><BR>2. Provision of a note on the face of the site plan stating, "The Conditional Use Permit will be re-evaluated by the County Commission in Febru ary, 2007. The CUP will expire in February 2012. Continuation of the use covered by this CUP beyond February 2012 will require rezoning or approval of a new CUP."</P></BLOCKQUOTE> <P>After discussion Jones made a motion to approve CUP-08-07-02 subject to the above conditions. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>ACCOUNTS PAYABLE 11-13-02</STRONG><BR>Jones moved approval of accounts payable manual checks in the amounts of $760.00 and $469.16. McElhaney seconded and the motion carried unani mously.</P> <P><STRONG>JUDICIAL &amp; LAW ENFORCEMENT BUILDING 11-13-02</STRONG><BR>Jones requested that a walking tour of the newly remodeled Judicial &amp; Law Enforcement Building be scheduled on Monday, November 18, 2002.</P> <P><STRONG>MISCELLANEOUS 11-13-02</STRONG><BR>Jones then discussed the enforcement of vicious dog ordinances. He directed staff to schedule a joint city/county meeting for further discussion. </P> <P>McElhaney moved for adjournment. Jones seconded and the motion carried unanimously.</P> <P>_____________________________ _____________________________<BR>Jere McElhaney, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk Charles Jones, Member</P>

<P>Chairman McElhaney called the meeting to order at 9:07 A.M. on Monday, November 18, 2002, with all members present. The Pledge of Allegiance was recited.</P> <P>Johnson made a motion to approve the minutes of April 10, June 3, and June 10, 2002; Jones seconded and the motion carried unanimously.</P> <P><STRONG>CONSENT AGENDA 11-18-02</STRONG><BR>There were no consent items.</P> <P><STRONG>ACCOUNTS PAYABLE 11-18-02</STRONG><BR>Jones moved approval of accounts payable in the amount of $272,920.41 to be paid 11/18/02; accounts payable manual checks in the amount of $1,235.16; payroll in the amount of $586,084.55; and electronic funds transfers in the amounts of $41,376.81 for FICA, and $31,921.85 for KPERS. Johnson sec onded, and the motion carried unanimously.</P> <P><STRONG>COURTHOUSE AND JUDICIAL &amp; LAW ENFORCEMENT CENTER 11-18-02</STRONG><BR>The Board toured the newly renovated Douglas County Courthouse and Judicial &amp; Law Enforcement Center. No action was taken.</P> <P>McElhaney moved for adjournment; Johnson seconded and the motion carried.</P> <P>_____________________________ _____________________________<BR>Jere McElhaney, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk Charles Jones, Member</P>

<P>The Board of County Commissioners of Douglas County, Kansas, conducted a joint meeting with the Eudora City Council and Eudora School Board at Eudora City Hall on Wednesday, November 20, 2002. Chairman McElhaney called the meeting to order at 6:35 P.M. with all members present. The Pledge of Allegiance was recited.</P> <P>The Boards discussed the following items:</P> <UL> <LI>Fireworks regulations;</LI> <LI>14th and Church intersection;</LI> <LI>Church Street bridge across K-10</LI> <LI>County Route 1061/28th Street to K-10</LI> <LI>K-10 Ramp/Winchester Road;</LI> <LI>Main Street/10th to the railroad tracks; and</LI> <LI>South Lawrence Trafficway.</LI></UL> <P>No action was taken.<BR><BR>McElhaney made a motion to adjourn; seconded by Jones and carried unanimously.<BR><BR>_____________________________ _____________________________<BR>Jere McElhaney, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk Charles Jones, Member</P>

<P>Chairman McElhaney called the meeting to order at 9:05 A.M. on Monday, November 25, 2002, with all members present. The Pledge of Allegiance was recited.</P> <P>Johnson made a motion to approve the minutes of June 24, June 26, July 1, July 2, July 3, July 8 and November 18, 2002; Jones seconded and the motion carried unanimously.</P> <P><STRONG>CONSENT AGENDA 11-25-02 <BR></STRONG>Jones made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5067, 5068 and 5069. Orders are on file in the office of the County Clerk.</LI></UL> <P>Johnson seconded and the motion carried unanimously.</P> <P><STRONG>PLANNING 11-25-02</STRONG><BR>The Board considered Item No. 12 of the Lawrence-Douglas County Metropoli tan Planning Commission dated October 23, 2002. This item is TA-05-02A-02: Text Amendment to Section 21-104(a) of the Joint City/County Subdivision Regulations to require subdivision plats within the City of Lawrence to include all contiguous land under the same ownership. Initiated by the Planning Commis sion May 29, 2002. Bryan Dyer, staff member of the Lawrence-Douglas County Metropolitan Planning Department, was present for the discussion. This item comes to the Board with a unanimous recommendation of approval of the following text amendment (proposed additions to the regulations are in bold):</P> <P><STRONG>21-104. APPLICABILITY.</STRONG></P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>(a) For property in the unincorporated area of Douglas County, after the effective date of these regulations, any owner (or owners) subdividing land or establishing any alley, street, or other property intended for public use or for the use of purchasers or owners of lots, tracts, or parcels of land fronting on or adjacent thereto, shall cause a subdivision plat to be made in accordance with these regula tions unless exempted under Section 21-105 of this article. The Regis ter of Deeds of Douglas County shall not record any plat of a subdivi sion until such plat bears the endorsement of the Planning Commission.</P> <P>(b) For property within the incorporated city limits of Law rence, subdividing land for development that requires a building permit or for the establishment of any public street, alley, or easement, after [insert jt. Ord/Res. Number and publication date], shall be cause for the platting of all contiguously owned lands of the subdivider that are not platted or were platted but are now in ownership patterns that are not congruent with the existing platted lot lines. This provision shall apply to all property divi sions that are not exempt from the subdivision regulations, regardless of their current state of development or lack of devel opment. Plats submitted for review shall cover all contiguously owned lands that are under the subdivider's ownership at the time of plat submittal to the Lawrence-Douglas County Planning Office for review and recommendation. The Register of Deeds of Douglas County shall not record any plat of a subdivision until such plat bears the endorsement of the Planning Commission.</P> <P>(c) Article 12 of these regulations shall apply to any new building located within the plat approval jurisdiction of the City of Lawrence or Douglas County, Kansas. (Ord. 6146)</P></BLOCKQUOTE> <P>It was the consensus of the Board to table this item until the City Commission has acted on it since the amendment affects property within the City limits.</P> <P><STRONG>PURCHASING 11-25-02</STRONG><BR>The Board considered approval of the purchase of a tractor and mower for the Maintenance Department. Jackie Waggoner, Purchasing Agent, was present for the discussion. The bid considered the purchase of one (1) John Deere 4410 tractor mower, and trade-in of one (1) 2000 John Deere 4400 tractor mower. Two (2) bids were received with Deems Farm Equipment, Inc., submitting the low bid of $18,810 for the unit less trade-in allowance of $13,510 for a cost of $5,300. Johnson moved approval of the bid from Deems Farm Equipment, Inc. (including trade-in) in the amount of $5,300. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>INFORMATION TECHNOLOGY &amp; AGREEMENTS 11-25-02</STRONG><BR>On November 11, 2002, the Board authorized staff to negotiate with Tallgrass Technologies for a storage area network. Jackie Waggoner, Purchasing Agent, gave a brief summary of the results of the negotiations. Jones made a motion to accept the negotiated proposal of $97,881 from Tallgrass Technologies for the purchase of a storage area network; Johnson seconded and the motion carried unanimously.</P> <P><STRONG>RESOLUTIONS 11-25-02</STRONG><BR>The Board considered approval of Resolution No. 02-24 authorizing and approv ing the extension of maturity of $400,000 principal amount of temporary notes, Series 2002-1, of Douglas County, Kansas; and making certain covenants and agreements in connection therewith. Johnson made a motion to approve Resolu tion No. 02-24, seconded by Jones and carried unanimously.</P> <P><STRONG>MISCELLANEOUS 11-25-02</STRONG><BR>The Board noted receipt of the Investment Committee Report. The Board accepted the report and thanked the committee which consisted of Tom Single ton, Laverne Epp, Pat Wells, and Pam Madl. No action was taken.</P> <P><STRONG>ACCOUNTS PAYABLE 11-25-02</STRONG><BR>Jones moved approval of accounts payable in the amount of $339,044.87 to be paid 11/25/02; Lump Sum Merit Payroll in the amount of $68,312.69; and electronic funds transfers in the amounts of $5,234.46 for FICA and $1,967.59 for KPERS to be paid 11/22/02. Johnson seconded, and the motion carried unani mously.</P> <P>McElhaney moved for adjournment; Jones seconded and the motion carried unanimously.</P> <P>_____________________________ _____________________________<BR>Jere McElhaney, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk Charles Jones, Member</P>

<P>Chairman McElhaney called the meeting to order at 6:36 P.M. on Monday, December, 2, 2002. All members were present. The Pledge of Allegiance was recited.</P> <P>Jones made a motion to approve the minutes of July 10, July 15, and July 24, 2002. Johnson seconded and the motion carried.</P> <P><STRONG>CONSENT AGENDA 12-02-02<BR></STRONG>Jones made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5070, 5071, 5072, 5073, 5074, and 5075. Orders are on file in the office of the County Clerk;</LI> <LI>Authorize Notice to Townships for cereal malt beverage licenses to Kanwaka Township for Clinton Cove Mini Mart; Willow Springs Town ship for Baldwin Junction Enterprises and Scott Zaremba, dba Zarco; Eudora Township for James Bigger, dba Eudora Riverview Golf and Larry Stewart, dba Gilded Cage; Grant Township for Wesley R Kabler, dba Flamingo Catering and Wesley R Kabler, dba The Bird of Law rence;</LI> <LI>Approve Emergency Vehicle Permit to Steve Weese; and table approval of resolution amending a Planning and Zoning Classifi cation from "A-1" Suburban Home Resolution to "B-3" Limited Busi ness District for a later date. </LI></UL> <P>Johnson seconded and the motion carried unanimously.</P> <P><STRONG>MISCELLANEOUS 12-02-02<BR></STRONG>Ann Evans presented information on the economic impact study of the Non- Profit arts by local arts organizations. The study concluded that the Non-Profit Arts in Lawrence are directly responsible for $17 million. In comparison to other cities of our size and some larger cities, Lawrence exceeded in monies brought into the community. The conclusion is that the Arts in Lawrence are important to the community.</P> <P><STRONG>PLANNING 12-02-02</STRONG><BR>The Board discussed floodplain regulations with the Special Projects Committee of the Lawrence-Douglas County Metropolitan Planning Commission. Bryan Dyer, staff member of the Lawrence-Douglas County Metropolitan Planning Department, was present for the discussion. New FEMA maps were presented. Dyer reported that planning staff requested information regarding areas that have repeated flooding, however, FEMA did not respond. Keith Browning, Director of Public Works/County Engineer, and Keith Dabney, Director of Zoning &amp; Codes, noted two areas of concern -- the Southgate Subdivision and Lone Star area. Johnson questioned why the County should do anything more about the flood plains than the FEMA maps. Dyer responded that the Special Projects Commit tee is not asking that the entire County be looked at but their concern is filling in the floodplain, specifically the area that is close to the City. Johnson and Jones stated they would consider regulations beyond FEMA's requirements in the Urban Growth Area of the City within the County and requested a recommenda tion from the Committee for both of the areas that are flood prone. McElhaney stated that these concerns have already been addressed in the planning stage of the development noting that he wasn't interested in further discussion unless the Soil Conservation Service had additional information for consideration.</P> <P><STRONG>HEALTH -- PUBLIC 12-02-02</STRONG><BR>Bert Rowell, member of the Lawrence-Douglas County Health Board, presented a report from the Health Department on air quality. Rowell noted that although Douglas County is not in violation of any air quality standards at the moment, there is a concern that the EPA may expand the Kansas City Metropolitan Statistical Area to include Douglas County. The Air Quality Advisory Committee has met quarterly and discussed ozone concerns.</P> <P><STRONG>BUDGET 12-02-02<BR></STRONG>The Board discussed budget reductions in response to the Governor's recent announcement of budget cuts. Craig Weinaug, County Administrator, explained the impact of these cuts. Weinaug will meet with department heads and elected officials to review the 2003 budget. Once that process is complete, Weinaug will present recommendations to the Commission for action.</P> <P><STRONG>ACCOUNTS PAYABLE 12-02-02</STRONG><BR>Johnson moved approval of accounts payable in the amount of $255,668.12; accounts payable manual checks in the amounts of $1235.16, $131.55, $10.40, $211.82, $211.09, and $2479.30; payroll of $553,541.43; and electronic funds transfers in the amounts of $41,894.06 for FICA and $32,440.12 for KPERS to be paid 11/27/02. Jones seconded and the motion carried unanimously.</P> <P><STRONG>APPOINTMENTS 12-02-02</STRONG><BR>Jones made a motion to appoint the following individuals to the Douglas County Fair Board:</P> <UL> <LI>Lee Queen, 865 E 550 Road, Lawrence, KS 66047, representing Marion Township;</LI> <LI>Jim Gabriel, 2267 N 1200 Road, Eudora, KS 66025, representing Eudora Township; and</LI> <LI>Kim Booth, 1027 E 1200 Road, Lawrence, KS 66047, representing Wakarusa Township.</LI></UL> <P>Johnson seconded and the motion carried unanimously.</P> <P><STRONG>MISCELLANEOUS 12-02-02</STRONG><BR>Commissioner Charles Jones informed the Commission that due to personal issues, he would need to resign his position as County Commissioner effective December 11, 2002, and will be sworn back in on January 13, 2003. </P> <P><STRONG>MISCELLANEOUS 12-02-02</STRONG><BR>Don Cashatt asked the Commission when and if the County had sanctioned the newly formed "National Area Heritage" committee that is lead by David Dunfield. Commissioner Johnson informed Mr. Cashatt that it was sanctioned by both City and County. The County Commission approved the appointments to the commit tee on December 19, 2001. The committee was formed to put together a preliminary feasibility analysis on wether this is something that would benefit this community. </P> <P>McElhaney made a motion for adjournment. Jones seconded and the motion carried unanimously.</P> <P>_____________________________ _____________________________<BR>Jere McElhaney, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk Charles Jones, Member</P>

<P>The Board of County Commissioners of Douglas County, Kansas, conducted a joint meeting with the Lawrence-Douglas County Metropolitan Planning Commis sion, Lawrence City Commission and the Lawrence School Board on Wednes day, December 4, 2002. Chairman McElhaney called the meeting to order at 7:30 A.M. with all members present. The Pledge of Allegiance was recited.</P> <P><STRONG>PLANNING 12-04-02<BR></STRONG>Linda Finger, Director of the Lawrence-Douglas County Metropolitan Planning Department, conducted a presentation of maps showing the size of parcels in the unincorporated area. No action was taken.</P> <P><STRONG>CONSENT AGENDA 12-04-02</STRONG><BR>Johnson made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5076 and 5077. Orders are on file in the office of the County Clerk.</LI></UL> <P>Motion was seconded by Jones and carried unanimously.</P> <P>McElhaney made a motion for adjournment. Jones seconded and the motion carried unanimously. </P> <P>_____________________________ _____________________________<BR>Jere McElhaney, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk Charles Jones, Member</P>

<P>Chairman McElhaney called the meeting to order at 9:05 A.M. on Monday, December 9, 2002. All members were present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 12-09-02</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5078 and 5079. Orders are on file in the office of the County Clerk; and</LI> <LI>Authorize the Chair to affix his signature to Department of the Army Easement for Pipeline Right-of-Way Located on Clinton Lake, Douglas County, Kansas.</LI></UL> <P>Johnson seconded and the motion carried unanimously.</P> <P><STRONG>RESOLUTIONS &amp; BUDGET 12-09-02</STRONG><BR>The Board discussed the possibility of adopting a resolution authorizing Douglas County to be listed as a named party in legal action by the Kansas Association of Counties with respect to demand transfer payment reductions recently made by Governor Graves. Craig Weinaug, County Administrator, recommended that Douglas County not participate. Johnson made a motion that Douglas County not participate in the legal action by the Kansas Association of Counties. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>MISCELLANEOUS 12-09-02</STRONG><BR>The Board conducted a work session with the Douglas County legislative delegation to discuss the upcoming legislative session. No action was taken.</P> <P><STRONG>PARKING 12-09-02</STRONG><BR>The Board discussed a proposal received from Walker Parking Consultants to conduct a parking study. It was the consensus of the Board that this is the wrong time for this expenditure. However, the parking in the lot directly east of the Judicial &amp; Law Enforcement Center needs to be addressed. Jones will appoint a committee to make recommendations.</P> <P><STRONG>ACCOUNTS PAYABLE 12-09-02</STRONG><BR>Jones moved approval of accounts payable in the amount of $102,371.70 to be paid 12/9/02 and accounts payable manual checks in the amounts of $3,044.16 and $500.00. Johnson seconded and the motion carried unanimously.</P> <P>McElhaney moved for adjournment. Jones seconded and the motion carried unanimously.</P> <P>_____________________________ _____________________________<BR>Jere McElhaney, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk Charles Jones, Member</P>

<P>Chairman McElhaney called the meeting to order at 6:37 P.M. on Wednesday, December 11, 2002. All members were present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 12-11-02</STRONG> <BR>Johnson made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5080, 5081, 5082 and 5083. Orders are on file in the office of the County Clerk.</LI> <LI>Approve Resolution No. 02-25 Relating to and Amending a Regulated Planning and Zoning Classification within the Unincorporated Territory of Douglas County, Kansas Changing the Zoning Classification from "A-1" (Suburban Home Residential District) to "B-3" (Limited Business District) on property described as Lot 7, Final Plat of Lake Estates Subdivision No. 6; and</LI> <LI>Table the item "Consider approval of Updated Entrance Standards &amp; Permit Resolution" requesting that staff verify that the townships also have the same authority.</LI></UL> <P>Jones seconded and the motion carried unanimously.</P> <P><STRONG>MISCELLANEOUS 12-11-02<BR></STRONG>Kelvin Heck, co-chair of ECO2 Committee presented results of the ECO2 study to the Board. The documents provided were:</P> <UL> <LI>ECO2 Initiative report</LI> <LI>Complete Labor Shed Survey from Fort Hays State University</LI> <LI>GIS maps</LI></UL> <P>The Board thanked the Committee for their work and asked them to return at a later date to discuss any questions they might have.</P> <P><STRONG>PLANNING 12-11-02</STRONG><BR>The Board considered Item No. 12 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated October 23, 2002. This item is TA-05-02A-02: Text Amendment to Section 21-104(a) of the Joint City/County Subdivision Regulations to require subdivision plats within the City of Lawrence to include all contiguous land under the same ownership. This item was tabled by the County Commission on November 25, 2002 pending action by the City of Lawrence. Since that meeting, the City has approved drafting the text amend ment into Ordinance form. The City Commission has had one reading and will have a second reading coming up as well. The City of Lawrence has to have two readings before it is formally adopted. Jones made a motion to approve Resolution No. 02-26, a Joint Ordinance/Resolution of the City of Lawrence, Kansas, and The Board of County Commissioners of Douglas County, Kansas amending Section 21-104(a) of the Joint City/County Subdivision Regulations of the "Code of the City of Lawrence, Kansas, 2002," and amendments thereto to require subdivision plats within the City of Lawrence to include all contiguous land under the same ownership. Johnson seconded and the motion carried unanimously.</P> <P><STRONG>PARKS 12-11-02</STRONG><BR>Dennis Enslinger, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented additional information surrounding the nomina tion of Black Jack Battlefield Park that was requested by the Board at their meeting held on September 25th, 2002. After public discussion the Board agreed to write a letter in support of Black Jack Battlefield Park also stating their con cerns about the environs law and how it effects the surrounding properties. Jones suggested discussions also start on forming a Local Historic Committee. Johnson moved to support the nomination of Black Jack Battlefield Park to the National Register. Jones seconded and the motion carried 2-1 with McElhaney opposed.</P> <P><STRONG>MISCELLANEOUS 12-11-02<BR></STRONG>The Board considered a request for funding from Judy Billings, Director of the Lawrence Convention &amp; Visitor Bureau, to support the Heritage Summit. The<BR>cost of the summit is $15,750. Funding will also be requested from surrounding cities and counties. The City of Lawrence has offered to pay the entire amount. McElhaney stated that he believes it is a good idea but not the right time consid ering the recent budget cuts. Jones and Johnson also agree with the idea of the summit and are in support of some kind of funding. Jones made a motion of a 60/40 support, with the County being the low end. Johnson seconded and the motion carried 2-1 with McElhaney opposed.</P> <P><STRONG>FIREWORKS REGULATIONS 12-11-02</STRONG><BR>The Board discussed the Fireworks regulations in the unincorporated areas of Douglas County. Johnson suggested the regulations stay the same until next year. Then sometime in August a discussion would be held and if any changes need to be made it would be dealt with at that time. Jones made a motion to table this item until August. Johnson seconded and the motion carried unani mously.</P> <P><STRONG>PERSONNEL 12-11-02</STRONG><BR>Johnson moved approval of a 2% cost of living adjustment for 2003. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>MISCELLANEOUS 12-11-02</STRONG><BR>Jones moved approval of Notice to Clinton Township for cereal malt beverage license for Clinton Marina. Johnson seconded and the motion carried unani mously.</P> <P><STRONG>APPOINTMENTS 12-11-02</STRONG><BR>Johnson made a motion to appoint Pastor Judy Long O'Neal, 890 E 1750 Road, Baldwin City, Kansas, to the Lawrence-Douglas County Mental Health Board for a three-year term which shall expire on May 31, 2006. Jones seconded and the motion carried unanimously.</P> <P>McElhaney moved for adjournment. Jones seconded and the motion carried.</P> <P>_____________________________ _____________________________<BR>Jere McElhaney, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk Charles Jones, Member</P>

<P>Chairman McElhaney called the meeting to order at 6:35 P.M. on Wednesday, December 18, 2002. All members were present. Commissioner-elect Jones was also present. The Pledge of Allegiance was recited.</P> <P>Johnson moved approval of the minutes of July 9, August 9, August 19, August 21, August 26, September 9, September 18, September 23, October 2, October 7, and October 16, 2002. Motion was seconded by McElhaney and carried.</P> <P><STRONG>CONSENT AGENDA 12-18-02</STRONG><BR>Johnson moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5084, 5085 and 5086. Orders are on file in the office of the County Clerk;</LI> <LI>Authorize notice to Grant Township for Midland Farm Store;</LI> <LI>Note receipt of fee reports for the month of November, 2002;</LI> <LI>Approve Resolution No. 02-27 granting a beer license to Baldwin Junction Enterprises;</LI> <LI>Approve Resolution No. 02-28 granting a beer license to Clinton Cove Mini Mart;</LI> <LI>Approve Resolution No. 02-29 granting a beer license to ZARCO, Inc.;</LI> <LI>Approve Resolution No. 02-30 granting a beer license to Gilded Cage;</LI> <LI>Approve Resolution No. 02-31 granting a beer license to Eudora Riverview Golf;</LI> <LI>Approve Resolution No. 02-32 granting a beer license to The Bird of Lawrence;</LI> <LI>Approve Resolution No. 02-33 granting a beer license to Flamingo Catering; and</LI> <LI>Approve Resolution No. 02-34 reappointing the Special Deputy Coro ner for the Seventh Judicial District for a one-year term. </LI></UL> <P>McElhaney seconded and the motion carried.</P> <P><STRONG>PUBLIC WORKS &amp; CONTRACTS 12-18-02</STRONG><BR>Keith Browning, Director of Public Works/County Engineer, requested authoriza tion to renew the contracts for chip sealing and pavement marking for 2003. Browning explained that in order to renew the contracts for the next season, the contracts stipulate the County must notify the contractors of our intention to renew by December 31. Both contracts allow for a 25% reduction in contract quantities. For chip sealing we typically plan on 50 miles of sealing, so a 25% reduction would result in sealing 37.5 miles. It is currently estimated that we can reduce the Road &amp; Bridge budget by $100,000 for chip sealing and $30,000 for striping and still meet the terms of each contract. Johnson made a motion to approve the renewal of the contracts for chip sealing with Hi-Plains Sand Co., Kanopolis, KS, and pavement marking with Midwest Striping, Grand Island, NE for 2003. McElhaney seconded and the motion carried.</P> <P><STRONG>PERSONNEL 12-18-02</STRONG><BR>The Board discussed the 2003 holidays. Johnson made a motion to approve the following holidays for 2003:</P> <UL> <LI>New Year's Day Wednesday, January 1</LI> <LI>Martin Luther King Day Monday, January 20</LI> <LI>Memorial Day Monday, May 26</LI> <LI>Fourth of July Friday, July 4</LI> <LI>Labor Day Monday, September 1</LI> <LI>Thanksgiving Thursday/Friday, November 27-28</LI> <LI>Christmas Wednesday/Thursday, December 24-25</LI></UL> <P><STRONG>One (1) Personal Discretionary Day:</STRONG><BR><STRONG>Eligibility:</STRONG> Employee's status must be permanent full time, permanent part time, or special project, with an employment date on or before October 1, 2003. Definition: One (1) normal work day.<BR><STRONG>Scheduling:</STRONG> Must be taken all at one time (may not be split into hours). Must be scheduled in advance through the employee's supervisor and according to departmental procedures. Must be utilized during the calendar year 2003 and PRIOR to December 6, 2003.<BR><BR>McElhaney seconded and the motion carried.</P> <P><STRONG>ACCOUNTS PAYABLE 12-18-02</STRONG><BR>Johnson moved approval of accounts payable in the amount of $104,742.91 to be paid 12/23/02; $185,565.47 to be paid 12/16/02; accounts payable manual checks in the amounts of $1,827.96 and $475.50; payroll in the amount of $578,705.77; and electronic funds transfers in the amounts of $42,316.31 for FICA and $34,632.86 for KPERS to be paid 12/13/02. McElhaney seconded and the motion carried.<BR><BR>McElhaney moved for adjournment. Johnson seconded and the motion carried.<BR><BR>_____________________________ _____________________________<BR>Jere McElhaney, Chairman Bob Johnson, Member<BR><BR>ATTEST:<BR><BR>_____________________________<BR>Patty Jaimes, County Clerk</P>

<P>Chairman McElhaney called the meeting to order at 9:08 A.M. on Monday, December 23, 2002. All members were present. Commissioner-elect Jones was also present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 12-23-02</STRONG><BR>Johnson moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5087, 5088, 5089 and 5090. Orders are on file in the office of the County Clerk;</LI> <LI>Table the item "Consider approval of Out-District College Tuition Statements in the amount of $24,00;"; and</LI> <LI>Approve Resolution No. 02-35 granting a beer license to Jerkwater Grill.</LI></UL> <P>McElhaney seconded and the motion carried.</P> <P><STRONG>YOUTH SERVICES 12-23-02</STRONG><BR>Rod Bremby and Mark Gleason, representatives of the Kansas Advisory Group on Juvenile Justice and Delinquency Prevention, appeared before the Board to recognize Douglas County's compliance to state and federal detention require ments. Pam Weigand, Director of Youth Services, was presented a plaque and certificate in recognition for the demonstrative commitment to the Juvenile Justice Delinquency Prevention Act along with a check for $5000.</P> <P><STRONG>ACCOUNTS PAYABLE 12-23-02<BR></STRONG>McElhaney moved approval of accounts payable manual checks in the amount of $9,250; public safety payroll in the amount of $1,225.70; and electronic funds transfers in the amounts of $95.91 for FICA and $19.02 for KPERS. Motion was seconded by Johnson and carried.</P> <P><STRONG>PLANNING &amp; RESOLUTIONS 12-23-02</STRONG><BR>Johnson expressed concern regarding the Board's recent approval of Resolu tion No. 02-26, A Joint Ordinance/Resolution of the City of Lawrence, Kansas, and The Board of County Commissioners of Douglas County, Kansas, amending Section 21-104(a) of the Joint City/County Subdivision Regulations of the "Code of the City of Lawrence, Kansas, 2002," and amendments thereto to require subdivision plats within the City of Lawrence to include all contiguous land under the same ownership. Johnson noted that this was first brought before the Commission on 11/25/02. At that time, the County Commission tabled approval until the City Commission took action since it only applied to property within the city limits. The City approved the amendment, forwarded it to the County Com mission and was approved on 12/11/02. Johnson recently attended a Douglas County Development, Inc. Board Meeting and was discussing the amendment with Phil Struble who mentioned that this requirement is a bit of a burden, particularly for industrial land because you typically don't sell a piece of property in the final sale that's consistent with the preliminary or original plat -- it's tailored to whatever the needs are. This amendment will require replatting every time there is a land or lot sale. John Selk then presented a short description of the process. Johnson stated that although the City and the County have approved the resolution, it has not been finalized through publication. Johnson stated that he is not comfortable with the action taken and would like to hear a little bit more debate from the sides that are involved. The Board directed staff to contact the City Manager's office and ask that publication be delayed until the Board has had the opportunity to take a closer look at the amendment. </P> <P><STRONG>PARKING LOT 12-23-02</STRONG><BR>Jones reported that he has met with the parking lot committee and the spaces in the east parking lot are to be allotted as follows:</P> <UL> <LI>Sheriff -- 2</LI> <LI>Chief of Police -- 1</LI> <LI>District Attorney -- 1</LI> <LI>Judges -- 6</LI> <LI>Maintenance -- 1</LI> <LI>Loading -- 1</LI> <LI>Dispatch -- 3</LI> <LI>Community Corrections -- 1</LI></UL> <P>McElhaney moved for adjournment. Johnson seconded and the motion carried.</P> <P>_____________________________ _____________________________<BR>Jere McElhaney, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________<BR>Patty Jaimes, County Clerk</P>

<P>Chairman McElhaney called the meeting to order at 9:03 A.M. on Monday, December 30, 2002. Commissioner Johnson participated via speaker phone and Commissioner-Elect Jones was present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 11-13-02</STRONG><BR>Johnson made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Commission Orders No. 5091, 5092, and 5093. Orders are on file in the office of the County Clerk; and</LI> <LI>Approve Resolution No. 02-36 granting a cereal malt beverage license to Midland Farm Store.</LI></UL> <P>McElhaney seconded and the motion carried.</P> <P><STRONG>PURCHASING, DISTRICT COURT, PUBLIC WORKS &amp; SHERIFF 12-30-02</STRONG><BR>The Board considered bids received for the purchase of vehicles. McElhaney made a motion that the following vehicles be purchased:</P> <P> <TABLE borderColor=black cellSpacing=0 cellPadding=0 border=1> <TBODY> <TR> <TD style="WIDTH: 128px; HEIGHT: 20px"><STRONG>Department</STRONG></TD> <TD style="WIDTH: 200px; HEIGHT: 20px"><STRONG>Vendor</STRONG></TD> <TD style="WIDTH: 520px; HEIGHT: 20px"><STRONG>Vehicle <STRONG>Type</STRONG></STRONG></TD> <TD style="WIDTH: 155px; HEIGHT: 20px"> <P align=center><STRONG>Unit Cost</STRONG></P></TD> <TD style="WIDTH: 134px; HEIGHT: 20px"> <P align=right><STRONG>Extended Cost</STRONG></P></TD></TR> <TR> <TD style="WIDTH: 128px; HEIGHT: 20px">Sheriff </TD> <TD style="WIDTH: 200px; HEIGHT: 20px">Gary Hardy Dodge</TD> <TD style="WIDTH: 520px; HEIGHT: 20px">(9) Patrol Vehicles</TD> <TD style="WIDTH: 155px; HEIGHT: 20px"> <P align=center>$16,707.50</P></TD> <TD style="WIDTH: 134px; HEIGHT: 20px"> <P align=right>$150,367.50</P></TD></TR> <TR> <TD style="WIDTH: 128px; HEIGHT: 20px">Public Works</TD> <TD style="WIDTH: 200px; HEIGHT: 20px">Olathe Ford</TD> <TD style="WIDTH: 520px; HEIGHT: 20px">(1) 1-Ton Pickup Truck Extended Cab </TD> <TD style="WIDTH: 155px; HEIGHT: 20px"> <P align=center>$26,758.00</P></TD> <TD style="WIDTH: 134px; HEIGHT: 20px"> <P align=right>$26,758.00</P></TD></TR> <TR> <TD style="WIDTH: 128px; HEIGHT: 20px">Public Works</TD> <TD style="WIDTH: 200px; HEIGHT: 20px">Olathe Ford </TD> <TD style="WIDTH: 520px; HEIGHT: 20px">1-Ton Pickup Truck Regular Cab w/Snow<BR>Plow Package</TD> <TD style="WIDTH: 155px; HEIGHT: 20px"> <P align=center>$24,449.00</P></TD> <TD style="WIDTH: 134px; HEIGHT: 20px"> <P align=right>$24,449.00</P></TD></TR> <TR> <TD colSpan=5> <P align=left>Transfer (1) 2001 Chevrolet Impala from the Sheriff's Office to District Court in the amount of $7,720.00.</P></TD></TR></TBODY></TABLE></P> <P>Johnson seconded and the motion carried.</P> <P><STRONG>ACCOUNTS PAYABLE 12-30-02</STRONG><BR>Johnson made a motion to authorize accounts payable in the amount of $115,774.40 to be paid 12/30/02; accounts payable manual checks in the amount of $1,235.16; payroll in the amount of $568,882.19; and electronic funds transfers in the amounts of $40,953.38 for FICA and $33,660.12 for KPERS to be paid 12/27/02. Motion was seconded by McElhaney and carried.</P> <P>McElhaney made a motion to adjourn; Johnson seconded and the motion carried.</P> <P>_____________________________ _____________________________<BR>Jere McElhaney, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________<BR>Patty Jaimes, County Clerk</P>

<P>Chairman McElhaney called the meeting to order at 9:00 A.M. on Monday, January 6, 2003. All members were present. Commissioner-elect Jones was also present. The Pledge of Allegiance was recited.</P> <P>Johnson moved approval of the minutes of December 30, 2002; McElhaney seconded and the motion carried.</P> <P><STRONG>CONSENT AGENDA 01-06-03</STRONG><BR>Johnson made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5094, 5095 and 5096. Orders are on file in the office of the County Clerk;</LI> <LI>Approve Resolution No. 03-01 classifying the hard surfaced roads in Oak Grove Estates Subdivision as township roads and assigning these roads to Wakarusa Township for maintenance; </LI> <LI>Approve Home Rule Resolution No. HR-03-1-1 providing amended regulations and procedures concerning posting of warning and regula tory signs along County routes; and</LI> <LI>Authorize the Chair to execute an Agreement between Douglas County and Watkins Memorial Health Center for evidence collection;</LI></UL> <P>Motion was seconded by McElhaney and carried.</P> <P><STRONG>PUBLIC WORKS 01-06-03</STRONG><BR>The Board discussed Project No. 98-31, Phase 2 -- Eudora Bridge Streambank Protection Project. Keith Browning, Director of Public Works/County Engineer, was present for the discussion. Browning explained that the Corps of Engineers (C&#160;) has scheduled the bid opening for Phase 2 of the Eudora Bridge Stream bank Protection project for January 24, 2003. He noted that Phase 1 originally entailed construction of one straight dike and two L-head dikes. Given the favorable bids and conditions for Phase 1, construction of a third L-head dike was constructed as part of Phase 1 rather than in Phase 2, as originally planned. Phase 1 was constructed over last winter. Phase 2 entails construction of the fourth and final L-head dike. The original estimated cost agreed to in the Project Cooperation Agreement for the entire project was $2,000,000 which the C&#160; and local governments would share 50/50. Douglas County and Leavenworth County agreed to share the local costs 60/40 with Douglas County responsible for the $600,000 of the estimated $1,000,000 in local costs. Douglas County previously submitted $390,000 to the C&#160; to cover our share of the estimated costs for Phase 1 improvements. The C&#160; received very favorable bids for Phase 1 and it was estimated that no additional local funds would be required to complete Phase 2 of the project. </P> <P>Downstream of the fourth and final L-head dike to be constructed in Phase 2, there are a series of three dikes constructed in 1959. The original project study and Phase 1 design anticipated that the farthest upstream 1959 dike (1959 Dike 1) would soon be lost to erosion. The lack of high flows and the slowing of erosion over the past year present an opportunity to consider saving the 1959 dike and the associated hardpoint. The consultant for this project, HNTB, has determined that saving the 1959 Dike 1 would result in better overall project performance at a reasonable cost.</P> <P>The final contract documents for Phase 2 include an option for constructing a crowned revetment that connects the upstream end of the 1959 Dike 1 back to the eroded bank. The revetment is intended to save the 1959 dike from short- term failure. It is currently estimated that the additional local costs to construct the crowned revetment would be $102,000 of which Douglas County would be responsible for $61,200. The CIP currently has $60,000 allocated to complete the entire project (the funds allocated for this project in the CIP were lowered from $600,000 to $450,000 following the completion of Phase 1).</P> <P>Following the bid opening on January 24th, the C&#160; will consult with both counties to determine whether or not to accept the bid for the option of construct ing the crowned revetment. The C&#160; will need a check from each county immediately after bid opening, if the option is accepted. If the option of construct ing the crowned revetment is not accepted by all three parties, it is anticipated that no additional funds will be required to complete Phase 2.</P> <P>The anticipated project schedule for Phase 2 is contract award around February 3rd, start of construction around mid-February, and project completion in mid- April. Of course, the anticipated schedule is subject to weather and streamflow conditions.</P> <P>McElhaney made a motion to authorize the Public Works Director to approve additional spending up to $75,000 to complete Phase 2 of the Eudora Bridge Streambank Protection Project including the option of constructing a crowned revetment to save the 1959 Dike 1. Motion was seconded by Johnson and carried.</P> <P><STRONG>&#160;ACCOUNTS PAYABLE 01-06-03</STRONG><BR>McElhaney moved approval of accounts payable in the amount of $146,590.42 to be paid 1/6/03; seconded by Johnson and carried.</P> <P>McElhaney moved for adjournment. Johnson seconded and the motion carried.</P> <P>_____________________________&nbsp;_____________________________<BR>Jere McElhaney, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________<BR>Patty Jaimes, County Clerk</P>

<P>Chairman McElhaney called the meeting to order at 6:35 P.M. on Wednesday, January 8, 2003. All members were present. Commissioner-elect Jones was also present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 01-08-03<BR></STRONG>Johnson made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5097, 5098 and 5099. Orders are on file in the office of the County Clerk.</LI></UL> <P><STRONG>PUBLIC WORKS 01-08-03</STRONG><BR>The Board noted receipt of recommendations from the Willow Springs Township Board regarding the proposed road vacation of portions of E 900 Road. The Board then conducted a public hearing concerning the proposed road vacation. Charlie Wintermantel, Township Trustee, and Jerry Smith, Clerk, were present for the hearing. No members of the public offered comments. McElhaney then closed the public hearing. Johnson moved approval of Resolution No. 03-02 vacating portions of E 900 Road, seconded by McElhaney and carried.</P> <P><STRONG>PLANNING 01-08-03</STRONG><BR>The Board considered Item No. 10 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated December 18, 2002. This item is TA-10-05-02: Text Amendment to Section 21-607.2(k) to revise the design standards for the length of a cul-de-sac in the City/County Subdivision Regula tions. Initiated by the Lawrence-Douglas County Metropolitan Planning Commis sion on October 23, 2002. Sheila Stogsdill, staff member of the Lawrence- Douglas County Metropolitan Planning Department, presented the item. This item comes before the Board with a unanimous recommendation for approval of the following text (changes to existing regulations are shown in italics):</P> <P><STRONG>21-607.2&nbsp;(k)</STRONG></P> <P><STRONG>(1) In subdivisions located within the City of Lawrence</STRONG>, acul-de-sac shall be not more than 700 feet in length for medium to high density residential uses (more than 7 d.u./acre) or commercial/<BR>&nbsp;&nbsp;industrial land uses. A maximum length of 1,000 feet shall be observed for low density residential developments (7 d.u./acre or fewer).</P> <P><STRONG>(2) In subdivisions located within the unincorporated areas of Douglas County, the maximum length of a cul-de-sac shall be 1,320 feet.<BR></STRONG>In subdivisions with cul-de-sacs, easements shall be provided to ensure the water supply system is looped. A variance from these provisions may be requested by the property owner as provided for in section 21-802 of these regulations. The burden shall be upon the applicant to satisfactorily demonstrate that the street layout and design standards in Article 6 are met by the request.</P> <P>When a variance is granted, the planning commission shall require:</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>(1)&nbsp;Extra street or road width for medium and high density residen tial uses or commercial/industrial uses;</P> <P>(2)&nbsp;Easements or similar means of guaranteeing emergency vehicle access as recommended by the public works director and fire chief; and,</P> <P>(3)&nbsp;Such other conditions as may be necessary to protect the public health, safety and general welfare.<BR>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;(l)&nbsp;All cul-de-sacs shall have a minimum right-of-way radius of 500 feet.<BR>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;(m)&nbsp;Streets longer than one lot which dead end against property boundaries of undeveloped land shall provide an improved temporary turnaround.<BR>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;(n)&nbsp;Not more than two streets shall intersect at any one point.</P></BLOCKQUOTE> <P>Johnson moved approval of the above text amendment; McElhaney seconded and the motion carried.</P> <P>McElhaney moved for adjournment. Johnson seconded and the motion carried.</P> <P>_____________________________&nbsp;_____________________________<BR>Jere McElhaney, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________<BR>Patty Jaimes, County Clerk</P>

<P>Chairman McElhaney called the meeting to order at 9:00 A.M. on Monday, January 13, 2003. All members were present. Commissioner-elect Jones was also present. The Pledge of Allegiance was recited.</P> <P>Chief Judge Robert Fairchild swore in Commissioner-elect Charles Jones.</P> <P><STRONG>MISCELLANEOUS 01-13-03<BR></STRONG>McElhaney made a motion that Johnson be elected Chairman of the Board of Douglas County Commissioners effective today for the coming year, seconded by Johnson and carried unanimously.</P> <P>Johnson made a motion that McElhaney be elected Vice-Chairman of the Board of Douglas County Commissioners effective today for the coming year, seconded by McElhaney and carried unanimously.</P> <P><STRONG>CONSENT AGENDA 01-13-03</STRONG><BR>Jones made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5100, 5101, 5102, 5103 and 5104. Orders are on file in the office of the County Clerk;</LI> <LI>Pull the item "Consider approval of Out-District College Tuition State ments in the amount of $24,000)" for discussion;</LI> <LI>Approve Second Addendum to Lease Agreement between Douglas County, Kansas and the United Way of Douglas County, Inc.; and</LI> <LI>Authorize the Director of the Douglas County Public Works Depart ment and his staff to "write-off" the remainder of a charge ticket issued to Farmland Industries for noxious weed chemicals in the amount of $138.97 as an uncollectible debt;</LI></UL> <P>McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>OUT-DISTRICT COLLEGE TUITION STATEMENTS 01-13-03</STRONG><BR>Jones moved approval of payment of Out-District College Tuition Statements in the amount of $24,000. Johnson seconded and the motion carried 2-1 with McElhaney opposed.</P> <P><STRONG>PLANNING 01-13-03</STRONG><BR>The Board considered Item No. 4 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated December 18, 2002. This item is CUP-10-12-02: A Conditional Use Permit Request for Douglas County RWD #4 Pump Station. The property is generally described as being located at the SW Corner of the intersection of N 1400 Road and E 2400 Road. Submitted by Douglas County Rural Water District Number 4, lessee from Michael Ahlen, T- Square L.C., property owner of record. Brian Pedrotti, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented the item. The request is for Conditional Use Permit approval for the construction of a pump station for Rural Water District #4. The facility is proposed to be located on approximately 1/4 acre on the south side of N 1400 Road, west of E 2400 Road. The site is a portion of the overall 30 acres owned by Michael Ahlen, T-Square, L.C. The pump station is needed to ensure adequate water supply to customers in that region. This item comes to the Board with a recommendation of approval based on the following Findings of Fact</P> <P><STRONG>FINDINGS OF FACT</STRONG><BR>Zoning and uses of property nearby. The subject property is located generally on the south side of N 1400 Road, west of E 2400 Road. The site is agriculturally zoned and undeveloped. Surrounding property is agricultural zoned and is undeveloped, agricultural property with scattered residences.</P> <P>Character of the area. The site is approximately 1/4 acre in size and is located on a portion of a 30-acre tract. The area is largely agricultural and rural/open area in use.</P> <P>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.</P> <P>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.</P> <P>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.</P> <P>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.</P> <P>Conformance with The Comprehensive Plan. The Conditional Use Permit for the proposed facility is not in conflict with Horizon 2020.</P> <P><BR>AND subject to the following conditions:</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>1.&nbsp;Provision of a note on the face of the plan stating, "The Conditional Use Permit will be re-evaluated by the Lawrence-Douglas County Planning Staff every ten (10) years for maintenance and its confor mance with the approved Site Plan. Planning Staff will provide a report to the County Commission upon completing these evaluations.</P> <P>2.&nbsp;If the approved use is abandoned for a period of 12 months, the CUP will become null and void, the equipment and infrastructure will be removed and the subject property will return to agricultural use.</P></BLOCKQUOTE> <P>Jones noted concern about the comments received from the Douglas County Public Works Department regarding the possible relocation of the waterline if the Captain Creek bridge is replaced. Jones wanted to be sure that if such a reloca tion is necessary, it would not be at the expense of the taxpayers.</P> <P>McElhaney made a motion to approve CUP-10-12-02 subject to the above conditions. Jones seconded and the motion carried unanimously.</P> <P><STRONG>PLANNING 01-13-03</STRONG><BR>The Board considered Item No. 5 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated December 18, 2002. This item is CUP-10-13-02: A Conditional Use Permit Request for a turf airstrip. The property is generally located at 2215 N 500 Road. Submitted by Robert and Angela Murray, property owners of record. Brian Pedrotti, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented the item. The request is for a Conditional Use Permit for a private grass landing field. The grass landing field is 60' X 1,656' and runs north-south. It is located south of N 500 Road and east of E 2200 Road. The landing strip is for the private use of the property owner whose home will be located to the east of the landing field. Included in this CUP application is a proposed storage hangar that will be located north of the proposed residence and east of the landing field. The applicant has indicated that the plane will be permanently stored in Gardner, Kansas, but that the hangar will serve to store the plan for periods of time during the year. This item comes to the Board with a unanimous recommendation for approval based on the following Findings of Fact:</P> <P><STRONG>FINDINGS OF FACT</STRONG><BR>Zoning and uses of property nearby. The subject property is located generally on the south side of N 500 Road, east of E 2200 Road. The site is agriculturally zoned and undeveloped. Surrounding property is agricultural zoned and is undeveloped, agricultural property with scattered residences.</P> <P>Character of the area. The character of the area is largely agricultural in nature with some single-family residences.</P> <P>Suitability of subject property for the uses to which it has been restricted.The subject property is suited for the Agricultural Zone uses to which it is restricted. A landing field is permitted in this zoning district, provided that the Board of County Commissioners approves the use through a Conditional Use Permit (CUP).</P> <P>Length of time subject property has remained vacant as zoned. The property has been zoned A (Agricultural) District since 1966, when Zoning Regulations were adopted in Douglas County.</P> <P>Extent to which removal of restrictions will detrimentally affect nearby property. Approval of the CUP for a private grass runway will not detrimentally affect nearby properties.</P> <P>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 landowner. Approval of this CUP for a private runway will not adversely affect the public health, safety or welfare.</P> <P>Conformance with The Comprehensive Plan. Horizon 2020 d&#160;s not directly address the issuances of CUPs or private landing strips. The comprehensive plan d&#160;s discuss Lawrence Municipal Airport and the need to keep its airspace free from encroachment. This private grass airstrip will not encroach on the Municipal Airport's airspace. The proposed location of the airstrip is in confor mance with Horizon 2020.</P> <P>AND subject to the following conditions:</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>1.&nbsp;Revise the face of the site plan to include the following:<BR>&nbsp;&nbsp;&nbsp;&nbsp;a.&nbsp;Provision of a note on the plan stating, "The landing field is for the private use of the property owner only and restricted to the airplane registered to the applicant and may not be used for commercial purposes." There shall be no more than twenty (20) take-offs and landings per month;<BR>&nbsp;&nbsp;&nbsp;&nbsp;b.&nbsp;Provide dimensions of the storage hangar;<BR>&nbsp;&nbsp;&nbsp;&nbsp;c.&nbsp;Provide a location map on the face of the plan; and<BR>&nbsp;&nbsp;&nbsp;&nbsp;d.&nbsp;Provision of a note on the face of the plan stating, "The Conditional Use Permit will be re-evaluated by the County Commission in February, 2008. The CUP will expire in February 2013. Continua tion of the use beyond February 2013 will require rezoning or approval of a new CUP;"</P> <P>2.&nbsp;Provision of all necessary certification from the Federal Aviation Authority (FAA);</P> <P>3.&nbsp;Review and approval of the plan by KCP&amp;L prior to release of the plan to the County Zoning Administrator;</P> <P>4.&nbsp;Provision of written verification that the airstrip is being used as an airstrip by December 31st of each year;</P> <P>5.&nbsp;Cessation of use of the landing strip for a contiguous 12-month period shall nullify this approval procedure; and</P> <P>6.&nbsp;This Conditional Use Permit is restricted to the current owner of the property.</P></BLOCKQUOTE> <P>McElhaney made a motion to approve CUP-10-13-02 subject to the above conditions; Jones seconded and the motion carried unanimously.</P> <P><STRONG>PUBLIC WORKS 01-13-03</STRONG><BR>The Board discussed the Kasold Extension Project. Keith Browning, Director of Public Works/County Engineer, and George Williams, Special Projects Engineer, were present for the discussion. It was the consensus of the Board that this project should be discussed with the City, School District and Township. No action was taken at this time.</P> <P><STRONG>ACCOUNTS PAYABLE 01-13-03</STRONG><BR>McElhaney moved approval of accounts payable in the amounts of $963,507.50 to be paid 1/13/03 and $115,774.40 to be paid 12/30/02; accounts payable manual checks in the amounts of $766.00, $1235.16 and $3,509.05; payroll in the amounts of $568,882.19 and $569,596.48; electronic funds transfers in the amounts of $40,453.38 for FICA and $33,660.12 for KPERS to be paid 12/27/02; and $42,081.94 for FICA and $34,649.51 for KPERS to be paid 1/10/03; and ACH transfer in the amount of $1,611,243.13 to be paid 1/31/03.</P> <P><STRONG>RESOLUTIONS 01-13-03</STRONG><BR>The Board considered approval of Resolution No. 03-03 providing for the imposition of restrictions on certain outdoor burning practices in the unincorpo rated area of Douglas County until January 20, 2003. Paula Phillips, Director of Emergency Management, was present for the discussion. Phillips noted that the fire chiefs support this burn ban. Jones made a motion to approve Resolution No. 03-03 which can be lifted at the Chairman's discretion. Johnson seconded and the motion carried unanimously.</P> <P><STRONG>TAX MATTERS 01-13-03</STRONG><BR>Jones made a motion to direct the County Administrator to draft a letter to the City of Lawrence asking them to support the abatement process for Serologicals, Inc. Johnson seconded and the motion carried unanimously.</P> <P>McElhaney moved for adjournment. Johnson seconded and the motion carried.</P> <P>_____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member</P>

<P>The Board of County Commissioners of Douglas County, Kansas, conducted a joint meeting with the Lawrence City Commission and the Lawrence School Board on Wednesday, January 15, 2003. Chairman Johnson called the meeting to order at 9:00 A.M. with all members present. The Pledge of Allegiance was recited.</P> <P>The Boards discussed the following items:</P> <UL> <LI>Report on Chamber of Commerce Survey on Local Legislative Issues;</LI> <LI>Discussion of recently adopted, but not yet published, changes to City/County plat regulations requiring that entire parcels under one ownership be platted at one time;</LI> <LI>Discussion of letter from Randy Weseman to Mayor Hack regarding "next steps" in reference to City/School District partnerships, adjoining properties, and shared recreational usage of athletic venues;</LI> <LI>Follow-up to November LAN study session with the City/School Dis trict;</LI> <LI>Progress review on revised urban growth area;</LI> <LI>Zoning variances -- perception that they are granted too freely;</LI> <LI>Development of "school corridor" exceptions to owner resonsibility for sidewalks;</LI> <LI>Receive report from Dave Corliss related to dog issues;</LI> <LI>Update on water/wastewater Master Plan;</LI> <LI>O'Connell Road annexation plan;</LI> <LI>George Williams Way road timetable; and</LI> <LI>Kasold extension.</LI></UL> <P>No action was taken.</P> <P>Johnson made a motion to adjourn; Jones seconded and the motion carried unanimously.<BR>_______________________________&nbsp;________________________________<BR>Bob Johnson,&nbsp; Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Jere McElhaney, Member</P> <P>ATTEST:<BR>_______________________________&nbsp;________________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member</P>

<P>Chairman Johnson called the meeting to order at 9:00 A.M. on Tuesday, January 21, 2003.&nbsp; All members were present. The Pledge of Allegiance was recited.</P> <P><STRONG>BUDGET 01-21-03</STRONG><BR>The Board conducted budget hearings. No action was taken.</P> <P>Johnson made a motion to adjourn; Jones seconded and the motion carried unanimously.</P> <P>_____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member</P>

<P>Chairman Johnson called the meeting to order at 9:00 A.M. on Wednesday, January 22, 2003.&nbsp; All members were present. The Pledge of Allegiance was recited.</P> <P><STRONG>BUDGET 01-22-03</STRONG><BR>The Board conducted budget hearings. No action was taken.</P> <P>Johnson made a motion to adjourn; Jones seconded and the motion carried unanimously.</P> <P>_____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member</P>

<P>&nbsp;Chairman Johnson called the meeting to order at 8:30 A.M. on Monday, January 27, 2003.&nbsp; All members were present. The Pledge of Allegiance was recited.</P> <P>McElhaney made a motion to approve the minutes of November 13, 2002.&nbsp; Jones seconded and the motion carried unanimously.</P> <P><STRONG>CONSENT AGENDA 01-27-03</STRONG><BR>McElhaney made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5105, 5106 &amp; 5107. Orders are on file in the office of the County Clerk; and</LI> <LI>Approve the Annual Noxious Weed Eradication Progress Report.</LI></UL> <P>Jones seconded and the motion carried unanimously.</P> <P><STRONG>MISCELLANEOUS 01-27-03<BR></STRONG>The Board discussed the Douglas County Investment Policy. Members of the Investment Committee, Laverne Epp, Tom Singleton, Pat Wells, and Pam Madl were present for the discussion. Laverne Epp conducted a brief presentation of the progress of the goals that were initially set by the Committee. The Board suggested a few revisions to the policy for future approval. No action was taken.</P> <P><STRONG>PLANNING 01-27-03</STRONG><BR>The Board considered Item No. 3 of the minutes of the Lawrence-Douglas County Metropolitan Planning Department dated December 18, 2002. This item is CUP-10-11-02: A Conditional Use Permit Request for a business known as Lecompton Boat Storage. The property is generally located at 568 N 1800 Road. Submitted by George F. Roll, property owner of record. Sheila Stogsdill, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented this item. This item comes to the Board with a unanimous recommen dation for approval based on the following Findings of Fact:</P> <P>Zoning and uses of property nearby. The subject property is located west of the northwest corner of N 1800 Road and E 600 Road. The properties on all sides are zoned A (Agricultural) District, and are primarily undeveloped agricul tural uses and scattered single-family residences in all directions. One exception is the Retke Kennel located on the northwest corner of N 1800 Road and E 600 Road, to the east of the subject property.</P> <P>Suitability of subject property for the uses to which it has been restricted. A Conditional Use Permit (CUP) d&#160;s not change the underlying zoning and as such, the suitability of the property for agricultural uses will not be altered. The current A (Agricultural) zoning designation for the property allows many different non-agricultural uses including public uses and structures, churches, schools, and limited commercial uses related to agriculture. The existing use of the site as an agricultural storage area is compatible with the property's current zoning of A (Agricultural) District. The additional storage of boats is also compatible with the current zoning and with the surrounding properties, if all conditions of approval are met.</P> <P>Length of time subject property has remained vacant as zoned. The subject area has been zoned A (Agricultural) District and has been in agricultural use since the adoption of zoning regulations in the unincorporated portions of Douglas County in 1966. The subject parcel maintains a limited agricultural and residential use.</P> <P>Extent to which removal of restrictions will detrimentally affect nearby property. Approval of the request may impact the surrounding roads by increas ing non-residential traffic to the adjacent county roads (E 600 Road and N 1800). The impact will potentially be the greatest at the intersection of E 600 and N 1800, where there are limited site distances available to traffic entering these roads. The site d&#160;s not anticipate significant detrimental impacts upon nearby properties from the storage of boats inside the proposed building as the area is over 10 acres in size, and will be well screened from neighboring properties.</P> <P>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 zoning district will not be altered by approval of the request. Staff recommends that the approval period be limited to assure that the impacts from the boat storage are not increased over time or given the same permanency, as a rezoning of the property would confer.</P> <P>Conformance with The Comprehensive Plan. The subject property is located approximately five miles west and slightly north of the City of Lawrence, and beyond the urban growth area shown in Figure 9 of Horizon 2020. Horizon 2020d&#160;s not address conditional use permits as a tool to achieve specific policies.</P> <P>AND subject to the following conditions:</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>1.&nbsp;All boats must be stored entirely inside the building;</P> <P>2.&nbsp;No outside storage of non-agricultural equipment is permitted;</P> <P>3.&nbsp;Submission of a revised site plan that includes:<BR>&nbsp;&nbsp;a.&nbsp;A legal description of the property;<BR>&nbsp;&nbsp;b.&nbsp;Show utility and easement locations;<BR>&nbsp;&nbsp;c.&nbsp;Show proposed location, indicate direction, and list amount of illumination of proposed lighting;<BR>&nbsp;&nbsp;d.&nbsp;Show topography by contour lines of not more than five feet inter vals;<BR>&nbsp;&nbsp;e.&nbsp;The location and dimensions of existing and proposed structures that indicate the number of stories, gross floor area, and entrances to all structures;<BR>&nbsp;&nbsp;f.&nbsp;Show the location of all parking, loading, and walkway areas;<BR>&nbsp;&nbsp;g.&nbsp;List the type of surfacing and base course proposed for all parking, loading, and walkway areas;<BR>&nbsp;&nbsp;h.&nbsp;Note of face of plan that says all storage is limited to inside the building;<BR>&nbsp;&nbsp;i.&nbsp;Provision of a note on the face of the plan stating, "The Conditional Use Permit will be re-evaluated by the County Commission in February 2008. The CUP will expire in February 2013. Continuation of the use beyond February 2013 will require rezoning or approval of a new CUP"; and</P> <P>4.&nbsp;Forwarding of a separate recommendation from the Lecompton Plan ning Commission prior to this item being scheduled for action by the Board of County Commissioners.</P></BLOCKQUOTE> <P>It should be noted that the Lecompton Planning Commission also voted unani mously to approve the CUP. Jones made a motion to approve CUP-10-11-02 subject to the above conditions. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>PLANNING 01-27-03</STRONG><BR>The Board considered SP-01-02-03: to permit a radio tower at property on the east side of Highway 24/59, approximately 600' north of Highway 24/40. Submit ted by Paul Werner Architects, L.L.C. for Capitol Concrete, property owner of record. Brian Pedrotti, staff member of the Lawrence-Douglas County Metropoli tan Planning Department, presented this item. The applicant proposes to con struct a radio tower with a maximum height of 80' at the future site of Capitol Concrete on the east side of Highway 24/59, approximately 600' north of High way 24/40. The subject property is Lot 1 of Maple Grove North #3, a county plat located between two pieces of incorporated land. The property is located within an I-2 (Light Industrial) District, which allows towers less than 100' in height as permitted uses.</P> <P>The applicant has requested approval of a BX-64 series tower. No additional equipment is required at the base of this type of tower. The tower proposed will be located so that it is set back at least 90' from all property lines to allow for a proper fall zone. No other changes to the site plan are proposed, and the tower proposal meets the requirements of the I-2 zoning district. McElhaney made a motion to approve SP-01-02-03; Jones seconded and the motion carried unani mously.</P> <P><STRONG>ZONING &amp; APPOINTMENTS 01-27-03</STRONG><BR>The Board conducted a joint meeting with the Board of Zoning Appeals. The Board recommended that the Board of&nbsp; Zoning Appeals return with recommenda tions regarding set backs, limits on reapplying for permits, and term limits. No action was taken.</P> <P><STRONG>PUBLIC WORKS 01-27-03</STRONG><BR>The Board considered the Dust Palliative program policies for 2003. Keith Browning, Director of Public Works/County Engineer, was present for the discussion. Browning noted that in past years the County has brokered this program with residents paying for the actual cost of material used plus an administrative fee to help absorb inspection and administrative costs. Johnson made a motion to grant permission to continue the brokerage of a dust palliative program with an up front user fee of $0.75/linear foot ($0.50/l.f. for dust palliative material and an additional $0.25/l.f. user fee to cover road preparation costs), plus an administrative fee of $45 per applicant; and authorize advertisement for bidders once the application process has been completed. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>BUDGET 01-27-03</STRONG><BR>Craig Weinaug, County Administrator, presented a summary of Governor Graves' budget cuts to the Board. Weinaug explained that the only difference in Governor Sebelius' budget was not to cut the Highway Fund Aid to Cities and Counties of 10%. Weinaug recommended that the Board cut just under $1.5 million of the 2003 Budget. The Board&nbsp; agreed with Weinaug's recommendations.</P> <P>Weinaug then explained that there were four items that needed further discus sion: Soil Conservation, Noxious Weeds, closure of the Baldwin Satellite Office and District Court budgets.&nbsp; Weinaug recommended these budgets be cut by 5%.</P> <UL> <LI>Soil Conservation: The Board agreed with staff recommendations.</LI></UL> <P>&nbsp;Noxious Weeds: The Board agreed with staff recommendations. Johnson and Jones want to remove the requirement for the subsidy on the chemi cals. This needs to be added to a list that will be presented to Legislators listing the Counties concerns.</P> <P>District Court: The Board agreed with staff recommendations.&nbsp; </P> <P>&nbsp;Baldwin Satellite: Weinaug's initial recommendation was to enter into a cooperative agreement with the City of Baldwin which would necessitate a change in the law. If this change could not be accomplished, then the only two options would be to leave the Baldwin Satellite as is or close it all together. Pat Wells, Douglas County Treasurer, stated that she would not support a contract with the City of Baldwin.&nbsp; Wells noted that the Depart ment of Revenue and the Kansas Treasurer's Association would not support it because of the statute.&nbsp; Wells expressed concern with privacy act and control. It was the consensus of the Board that staff be directed to amend the 2003 budget as recommended with the closing of the Baldwin Satellite Office, and that approval by the Board be placed on the Consent Agenda on 2/3/03.</P> <P><STRONG>ACCOUNTS PAYABLE 01-27-03</STRONG><BR>Jones moved approval of accounts payable in the amounts of $195,354.66 to be paid 01/21/03 and $144,858.26 to be paid 01/27/03; manual checks in the amount of $766.00; payroll in the amount of $569,355.37; and electronic funds transfers in the amounts of $42,071.97 for FICA, and $32,887.07 for KPERS to be paid 1/24/03. McElhaney seconded and the motion carried unanimously.&nbsp; </P> <P><STRONG>APPOINTMENTS 01-27-03</STRONG><BR>Johnson made a motion to nominate Lynn Parman to the Board of Directors for Local Area II Workforce Investment Board, Heartland Works Inc.&nbsp; Jones sec onded and the motion carried unanimously.</P> <P><STRONG>MISCELLANEOUS 01-27-03</STRONG><BR>A letter was drafted and signed by the Board to the City Commission in support of&nbsp; the proposed Serologicals tax abatement approval that is to be considered by the Lawrence City Commission on January, 28, 2003.&nbsp; Based on the assumption that Serologicals Corporation will locate in East Hills Business Park in Douglas County, Kansas, which would create 40 new jobs initially and grow to 60 jobs over 3 years, with an average wage of $47,000.00 annually.&nbsp; </P> <P>Johnson made a motion to adjourn; Jones seconded and the motion carried unanimously</P> <P>_____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member</P>

<P>Chairman Johnson called the meeting to order at 9:02 A.M. on Monday, Febru ary 3, 2003. All members were present. The Pledge of Allegiance was recited.</P> <P><STRONG>PROCLAMATION 02-03-03</STRONG><BR>Johnson read a proclamation proclaiming the month of February as "Abstinence Awareness Month." McElhaney moved approval of the proclamation as read, seconded by Jones and carried unanimously.</P> <P><STRONG>CONSENT AGENDA 02-03-03<BR></STRONG>Jones made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5109 and 5110. Orders are on file in the office of the County Clerk;</LI> <LI>Authorize notice to Clinton Township for Clinton Marina;</LI> <LI>Note receipt of December fee reports;</LI> <LI>Authorize transaction to acquire drug sniffing dog for the Sheriff's Office;</LI> <LI>Find and determine that the requested annexation of approximately 48 acres of City owned property generally located south of U.S. Hwy. 24/40 and West of E 1600 Road will not hinder or prevent the proper growth and development of the area or that of any other incorporated city located within Douglas County, all as provided by K.S.A. 12-520c; and</LI> <LI>Authorize Douglas County budget for expenditures be revised as follows:</LI></UL> <P>McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>PLANNING 02-03-03<BR></STRONG>The Board considered SP-21-91-02 -- a site plan for the remodeling of a building for a warehouse and showroom located at 1849 E 1450 Road. Submitted by Rod and Kathy Griffin, property owners of record. Sandra Day, staff member of the Lawrence-Douglas County Metropolitan Planning Department, was present for the discussion. Rod Griffin, property owner, was also present for the discussion. The subject property is located on the west side of Highway 59 (N 3rd Street extended) and adjacent to the Union Pacific Railroad (along the west property line). It is currently developed with a warehouse building and exterior material storage yard. The building was originally constructed in 1970 and was not previously site planned. Section 19A-2 of the County Zoning Regulations state, "No building permit shall be issued for the erection or alteration of a structure or building until a site plan has been submitted and approved for B-1, B-2, B-3, I-1, I-2, I-3, and I-4." Therefore, the applicant has submitted a site plan to fulfill this requirement prior to building permit issuance. The proposed request is minor in nature and reflects both a change in use (tool sales to contractors office/<BR>warehouse use) and an update of the current improvements to the site. Staff recommends approval subject to the following condition:</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>1.&nbsp;Correct scale of drawing so that text and drawing correspond.</P></BLOCKQUOTE> <P>McElhaney made a motion to approve SP-12-91-02 subject to the above condi tion. Johnson seconded and the motion carried unanimously.</P> <P><STRONG>PUBLIC WORKS &amp; RESOLUTIONS 02-03-03<BR></STRONG>The Board considered approval of a resolution prohibiting parking on sections of Routes 1-W and 1-E near Lone Star Lake Dam and Spillway. Keith Browning, Director of Public Works/County Engineer, was present for the discussion. Browning explained that the floodwall was constructed as part of the spillway reconstruction project, and was required to meet minimum freeboard require ments established by the state Division of Water Resources. Prior to construction of the floodwall, there was room for vehicles to pull off the road and park in this area. The floodwall removed this small parking area. Following completion of the floodwall, a few motorists have continued to park in this area. Parked vehicles in this location now impede traffic on Route 1-E.&nbsp; It is also desired to prohibit parking through the spillway area. This prohibition is to ensure public safety in case of a sudden rise in lake level, and to ensure flow in the spillway is not impeded. Jones made a motion to approve Resolution No. 03-04 prohibiting parking on Sections of Routes 1-W and 1-E near Lone Star Lake Dam and Spillway. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>ACCOUNTS PAYABLE 02-03-03</STRONG><BR>McElhaney moved approval of accounts payable in the amount of $251,441.19 to be paid 2/3/03 and ACH Bank Transfer in the amount of $38,012.50 to be paid 2/28/03. Jones seconded and the motion carried unanimously.</P> <P><STRONG>MISCELLANEOUS 02-03-03</STRONG><BR>Jones noted there would be a discussion on vicious dogs on Friday, February 14, 2003 at 3:00 P.M. in the Commission Meeting Room.</P> <P>&#160;Johnson made a motion to adjourn; Jones seconded and the motion carried unanimously.</P> <P>_______________________________&nbsp;________________________________<BR>Bob Johnson,&nbsp; Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_______________________________&nbsp;________________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member</P>

<P>Chairman McElhaney called the meeting to order at 6:35 P.M. on Wednesday, February 5, 2003. All members were present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 02-05-03</STRONG><BR>Jones made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Commission Orders No. 5108 and 5111. Orders are on file in the office of the County Clerk.</LI></UL> <P>Johnson seconded and the motion carried.</P> <P><STRONG>OUT-DISTRICT COMMUNITY COLLEGE TUITION 02-05-03<BR></STRONG>Jones moved approval of the four (4) Out-District College Tuition Statements in the amount of $7704. Motion was seconded by Johnson and carried with McElhaney opposed.</P> <P><STRONG>MISCELLANEOUS 02-05-03</STRONG><BR>The Board discussed proposals submitted by the ECO2 committee. Jones gave a brief history of the committee, its purpose, and goals. Jones explained that it is time to move on to the next level. The committee is asking the Board to accept the work products, authorize staff support to coordinate meetings and efforts, and endorse the appointment of the following individuals: Mark Gonzales, Leo Lauber, Jim Roberts, Roxanne Miller, Sandra Shaw, Rex Buchanan, Trudy Rice, and John Pendleton. Jones noted that these individuals have indicated their willingness to serve on the board and to move ECO2 forward, and all were unanimously recommended by the existing ECO2 committee. Kelvin Heck, co- chair of ECO2 committee, recognized the current committee members, thanking them publicly. The current members include Leo Lauber, Sherry Schaub, Myles Schachter, Kelly Kindscher, Shirley Martin-Smith, Lynn Parman, Roger Pine, Andrew Ramirez, James Roberts, Jean Milstead, Jim Henry, Charles Jones, John Naramore, Robert Morris, Mark Gonzales, and Kelvin Heck. The Board then heard comments from Todd Aschenbach, Chairman of the Alliance for the Conservation of Open Space, and Marci Francisco, President of the League of Women Voters. McElhaney expressed concerns about funding and indicated that he would not support efforts to continue this committee. Jones made a motion to appoint the following individuals to the interim ECO2 committee to report back to the Commission no later than one (1) year from now: Mark Gonzales, Leo Lauber, Jim Roberts, Roxanne Miller, Sandra Shaw, Rex Bu chanan, Trudy Rice, and John Pendleton; and authorize limited staff support to coordinate their meetings and efforts. Johnson seconded and the motion carried with McElhaney opposed.</P> <P><STRONG>MISCELLANEOUS 02-05-03</STRONG><BR>Lynn Parman, Vice President of Economic Development of the Lawrence Chamber of Commerce, gave a brief update on economic development. No action was taken.</P> <P><STRONG>INDUSTRIAL PARK -- EAST HILLS 02-05-03</STRONG><BR>The Board considered of a request received from the Chamber of Commerce to exercise the option to purchase 12.5 acres, known as Lot 1, East Hills Business Park No. 3 for the purposes of facilitating the Serologicals Corporation location to Lawrence, Kansas. Phil Struble, LandPlan Engineering, was present for the discussion. Jones made a motion to authorize the sale of 12.5 acres, known as Lot 1, East Hills Business Park No. 3, to Douglas County Development, Inc., on the terms set out in the letter from Lynn Parman dated February 4, 2003. McElhaney seconded and the motion carried unanimously.</P> <P>Jones then made a motion that Douglas County execute a Drainage Easement to the City of Lawrence. Motion was seconded by McElhaney and carried unanimously.</P> <P>Jones moved approval to plat Lot 1, East Hills Business Park No. 3. McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>PUBLIC WORKS 02-05-03</STRONG><BR>The Board discussed options for ultimate improvements to Kasold (E1200/<BR>E1150) between 31st Street and Route 458. Keith Browning, Director of Public Works/County Engineer, and George Williams, Special Projects Engineer, were present for the discussion. It was the consensus of the Board that staff be directed to schedule a study session with the City of Lawrence and Wakarusa Township in early March.</P> <P><STRONG>EMERGENCY COMMUNICATIONS, SHERIFF &amp; PURCHASING 02-05-03</STRONG><BR>The Board discussed the mobile data package for the Sheriff's Office. Rick Trapp, Sheriff, was present for the discussion. Trapp explained that final pricing for the mobile data package for the Sheriff's Office indicates the amount needed to complete the project today exceeds the estimate used for the grant application two years ago. The estimate of two years ago also assumed that the mapping software would be in place to meet Wireless Enhanced 911 requirements and in fact was budgeted for fiscal year 2003. Technology costs in this area have also increased over the last two years and spare parts were not included. Trapp requested approval of the following funding package before final contract preparation proceeds:</P> <P> <TABLE borderColor=black cellSpacing=0 cellPadding=0 border=1> <TBODY> <TR> <TD style="WIDTH: 166px; HEIGHT: 20px">Grant</TD> <TD style="WIDTH: 133px; HEIGHT: 20px"> <P align=center>$318,459.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px">Already approved by Commission</TD></TR> <TR> <TD style="WIDTH: 166px; HEIGHT: 20px">Grant Matching Funds (911 Fund -- Equipment Reserve)</TD> <TD style="WIDTH: 133px; HEIGHT: 20px"> <P align=center>$106,153.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px">Already approved by Commission</TD></TR> <TR> <TD style="WIDTH: 166px; HEIGHT: 20px">911 Fund 2003 Budget<BR>(Line Item 81320 - Mapping)</TD> <TD style="WIDTH: 133px; HEIGHT: 20px"> <P align=center>$50,365.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px">Requesting approval to use for mapping</TD></TR> <TR> <TD style="WIDTH: 166px; HEIGHT: 20px">911 Fund -- Equipment Reserve</TD> <TD style="WIDTH: 133px; HEIGHT: 20px"> <P align=center>$42,206.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px">Requesting approval to use 911 Equipment Reserve</TD></TR> <TR> <TD style="WIDTH: 166px; HEIGHT: 20px">Sheriff's Equipment Reserve</TD> <TD style="WIDTH: 133px; HEIGHT: 20px"> <P align=center>$29,520.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px">Requesting approval to use for spare parts</TD></TR> <TR> <TD style="WIDTH: 166px; HEIGHT: 20px"> <P align=right><STRONG>Total Project Cost</STRONG></P></TD> <TD style="WIDTH: 133px; HEIGHT: 20px"> <P align=center><STRONG>$546,703.00</STRONG></P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px">&nbsp;</TD></TR></TBODY></TABLE><BR>Trapp noted that the Douglas County 911 Advisory Board has recommended the approval of 911 Fee Funds for this project.</P> <P>Jones questioned whether the 911 Fee Funds could be used to cover the entire cost, thereby eliminating the need for the Sheriff to utilize his equipment reserve funds. Trapp responded that they could. Jones made a motion that the Sheriff's request for the mobile data project funding be approved to be paid from the 911 Fee Funds. Johnson seconded and the motion carried unanimously.</P> <P><STRONG>MISCELLANEOUS 02-05-03</STRONG><BR>The Board noted receipt of the 31st Street Corridor Study Report. No action was taken.</P> <P><STRONG>ACCOUNTS PAYABLE 02-05-03</STRONG><BR>Jones made a motion to authorize accounts payable in the amount of $17,736.64 to be paid 2/4/03. Motion was seconded by McElhaney and carried unanimously.</P> <P>Johnson made a motion to adjourn; Jones seconded and the motion carried unanimously.</P> <P>_______________________________ ________________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_______________________________ ________________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member</P>

<P>Vice Chairman McElhaney called the meeting to order at 6:41 P.M. on Wednes day, February 12, 2003, with two members present .&nbsp; Commissioner Johnson was absent. The Pledge of Allegiance was recited.</P> <P>Jones made a motion to approve the minutes of November 4, November 11, November 20, December 18, 2002, and February 5, 2003. McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>CONSENT AGENDA 02-12-03</STRONG> <BR>Jones made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Commission Order Nos. 5112 and 5113.&nbsp; Orders are on file in the office of the County Clerk; and</LI> <LI>Authorize notice to Clinton Township for cereal malt beverage license for Clinton Store.</LI></UL> <P>McElhaney seconded and the motion carried.</P> <P><STRONG>PLANNING 02-12-03</STRONG><BR>The Board considered Item No. 11 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated January 22, 2003. This item is CUP-08-09-02, a Conditional Use Permit for storage of excavation, trucking, and farm equipment.&nbsp; The property is generally located at 1768 E 1100 Road.&nbsp; Submitted by Paul Werner Architects for North 40 LC, property owners of record. Sandra Day, staff member of the Lawrence-Douglas County Metropolitan Planning Department, was present for the discussion. It was the consensus of the Board to table this item until Commissioner Johnson was present.</P> <P><STRONG>PLANNING 02-12-03</STRONG><BR>The Board considered Item No. 12 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated January 22, 2003. This item is&nbsp; CUP-12-17-02, a Conditional Use Permit for a storage shed at Creekwood Lawn Company.&nbsp; The property is generally described as being located at 1753 N 700 Road.&nbsp; Submitted by Shelby Franklin, property owner of record. Sandra Day, staff member of the Lawrence-Douglas County Metropolitan Planning Depart ment, was present for the discussion. It was the consensus of the Board to table this item until Commissioner Johnson was present.</P> <P><STRONG>PLANNING 02-12-03</STRONG><BR>The Board considered Item No. 13 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated January 22, 2003. This item is CUP-12-18-02, a Conditional Use Permit request for a Christmas Tree Farm.&nbsp; The property is generally described as being located at 794 US Highway 40.&nbsp; Submitted by Lynn Walther for Ethelyn F Walther, trustee, property owner of record. Sandra Day, staff member of the Lawrence-Douglas County Metropolitan Planning Department, was present for the discussion. This item comes to the Board with a unanimous recommendation for approval based upon the following findings of fact:</P> <P>Zoning and uses of property nearby. Surrounding zoning includes A (Agricul tural) on all sides. Surrounding land uses are primarily agricultural with farm residences.</P> <P>Character of the area. The subject property is located just west of the current city limits and is developed with multiple accessory buildings associated with the property. This property is characterized as a rural residential area along a major county thoroughfare. The surrounding area includes agricultural and residential uses. The subject property is outside of the city's growth area and is predomi nantly an agricultural neighborhood including rural residential homes. The subject property is adjacent to county roads on two sides and has direct access to paved roads.</P> <P>Suitability of subject property for the uses to which it has been restricted. A Conditional Use Permit (CUP) d&#160;s 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 area is zoned for agricultural uses. The subject site is suitable for the proposed uses of agricultural and other products sales.</P> <P>Length of time subject property has remained vacant as zoned. The subject property is developed with the Strawberry Hill Christmas Tree Farm business. Agricultural sales operation has existed for over 18 years on the property. The property has been zoned A (Agricultural) District since 1966.</P> <P>Extent to which removal of restrictions will detrimentally affect nearby property. Approval of a Conditional Use Permit request d&#160;s not alter the base- zoning district. The current request is for a Conditional Use Permit to allow the continued operation of the retail agricultural sales along with the sale of ancillary products. Traffic and noise impacts associated with the use have existed in the area for over 18 years. Traffic intensity will not be altered with the approval of the Conditional Use Permit.</P> <P>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 primary benefit and/or gain to the public health, safety, and welfare of the Conditional Use Permit for the market is that it would provide residents and businesses of Douglas County with farm-grown agricultural and ag-related products. Denial of the request would impose a hardship on the applicant by requiring them to cease any non-farm product sales.</P> <P>Conformance with The Comprehensive Plan. The Conditional Use Permit for the facility is consistent with the goals and policies in Horizon 2020. A Condi tional Use Permit can be used to allow limited commercial and industrial expan sion or establish new or temporary areas for certain non-residential uses. This tool allows proportional development in harmony with the surrounding area.</P> <P>AND subject to the following conditions:</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>1.&nbsp;Provision of a note on the face of the site plan stating, "The Condi tional Use Permit will be re-evaluated by the County Commission in February, 2008. The CUP will expire on February 28, 2013. For contin uation of the use covered by this CUP beyond February 28, 2013 the applicant will need rezoning or approval of a new CUP."<BR>2.&nbsp;Provision of a revised site plan to include the following items:<BR>&nbsp;&nbsp;&nbsp;&nbsp;a.&nbsp;Legal description<BR>&nbsp;&nbsp;&nbsp;&nbsp;b.&nbsp;North Arrow<BR>&nbsp;&nbsp;&nbsp;&nbsp;c.&nbsp;Graphic dimensions of the property per Douglas County Zoning Regulations 19-A.4.3<BR>&nbsp;&nbsp;&nbsp;&nbsp;d.&nbsp;Direction arrows of existing storm runoff per section 19-A.4.5<BR>&nbsp;&nbsp;&nbsp;&nbsp;e.&nbsp;Site summary of the existing floor area<BR>&nbsp;&nbsp;&nbsp;&nbsp;f.&nbsp;Show the existing building entrances per section 19-A.4.7<BR>&nbsp;&nbsp;&nbsp;&nbsp;g.&nbsp;Show location of all existing lighting including mounting height, light sources and light direction per section 19-A.4.12.</P></BLOCKQUOTE> <P>Jones made a motioned to approve CUP-12-18-02 subject to the above condi tions. Motion was seconded by McElhaney and carried.</P> <P>McElhaney directed staff to schedule a study session on CUP's.</P> <P><STRONG>ACCOUNTS PAYABLE 02-12-03</STRONG><BR>Jones moved for approval of payroll in the amount of $578,179.81, and elec tronic funds transfers in the amounts of $42,760.29 for FICA and $34,915.70 for KPERS to be paid 2/7/03.&nbsp; Motion was seconded by McElhaney and carried.</P> <P><STRONG>MISCELLANEOUS 02-12-03<BR></STRONG>Jones noted that the first Dangerous Dog discussion will be held on Friday, February 14, 2003 from 3:00 to 5:00 P.M. He indicated good responses from the District Attorney's office, Sheriff and Chief of Police.</P> <P>McElhaney moved for adjournment; Jones seconded and the motion carried.</P> <P>_____________________________&nbsp;_____________________________<BR>Jere McElhaney, Vice Chair&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;<BR>Patty Jaimes, County Clerk</P>

<P>Chairman Johnson called the meeting to order at 9:05 A.M. on Monday, Febru ary 24, 2003. All members were present. The Pledge of Allegiance was recited.</P> <P>Jones made a motion to approve the minutes of November 8, 2002; McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>CONSENT AGENDA 02-24-03<BR></STRONG>McElhaney made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order No. 5114. Order is on file in the office of the County Clerk;</LI> <LI>Approve Resolution No. 03-06 granting a cereal malt beverage license to Clinton Marina Store;</LI> <LI>Approve Resolution No. 03-07 granting a cereal malt beverage license to Clinton Store; and</LI> <LI>Note receipt of State Forfeitures per K.S.A. 60-4117(d)(2).</LI></UL> <P>Johnson seconded and the motion carried unanimously.<BR>&nbsp;<BR><STRONG>FAIRGROUNDS 02-24-03<BR></STRONG>The Board discussed amendments to the Fairgrounds Reservations Agree ments. Bill Bell, Director of Buildings and Grounds, and Paula Phillips, Director of Emergency Management, were present for the discussion. Revisions to the current agreement form is necessary in case an emergency situation arises requiring the County to take over the buildings under a declaration of disaster. After discussion, Jones made a motion to approve the following amendment to the Fairgrounds Reservations Agreements:</P> <P>&nbsp;We understand that the County reserves the right to use all or any portion of the 4-H Fairgrounds Facilities for emergency response purposes in the event of a declaration of a federal, state, or local emergency or disaster. Therefore, in the event of such a declaration, we agree that the County can terminate our reservation without notice and without liability.</P> <P>And the following amendment to the standard reservation confirmation form:</P> <P>&nbsp;The County reserves the right to use all or any portion of the 4-H Fair grounds Facilities for emergency response purposes in the event of a declaration of a federal, state, or local emergency or disaster. Therefore, in the event of such a declaration, the County may terminate this reserva tion without notice and without liability, provided that the County uses the Facility for related emergency preparedness and emergency response purposes.</P> <P>McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>PLANNING 02-24-03<BR></STRONG>The Board considered Item No. 11 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated January 22, 2003. This item is CUP-08-09-02: A conditional Use Permit for storage of excavation, trucking, and farm equipment. The property is generally located at 1768 E 1100 Road. Submit ted by Paul Werner Architects for North 40 LC, property owners of record. Sandra Day, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented the item. Mark Andersen, attorney for the applicant, was also present for the discussion. This item comes to the Board with a recommendation for approval, based on the following Findings of Fact:</P> <P>Zoning and uses of property nearby. Subject property is located in an existing residential zoning district (east of E 1100 Road) and borders agricultural uses to the north and west. Several existing homes are located south of the subject property along E 1100 Road. A residential subdivision [Stonegate] is developing to the far east of the subject property. The Lawrence City Limits are within one mile of the subject property to the south.</P> <P>Character of the area. The immediately surrounding area to the east and west is undeveloped and is used for agricultural purposes. The area to the south and far east are developed with single-family residential homes. A narrow parcel of land approximately 100' wide separates the subject property from the Kansas Turn pike on the north side of the property. The general area is heavily wooded and hilly, it includes meadow/pasture area throughout the area. The current character is rural. This property is within the urban growth area and the future land use will alter this character to a more suburban residential type neighborhood.</P> <P>Suitability of subject property for the uses to which it has been restricted.The Subject property is a portion of a larger 32-acre tract under the same ownership. The property has not been platted or subdivided. The structure was built in 1999 per the County Appraiser Office's records and is classified as a commercial building. Traditional commercial uses are not acceptable in this location as the access is limited and requires neighborhood pass-through to reach the property.</P> <P>The revised application addresses the intensity of use, which would be accept able within this area. However, the underlying question of warehouse storage facility, which is not a permitted conditional use, versus a truck storage facility must still be resolved. If approved for truck storage, the proposed Conditional Use Permit will not change the underlying base county residential zoning nor will it permit warehousing of apartment furniture and cabinetry for a rental business.</P> <P>Length of time subject property has remained vacant as zoned. The subject property is part of a larger 32.34-acre tract and has been zoned R-1 since the original adoption of county zoning in 1966. The property was vacant until 1999 when the structure was erected. It is classified as a commercial building accord ing to the County Appraiser's Office though it was built as an agricultural building. Agricultural buildings do not require building permits. This structure was noted by the County Zoning Office as violating the County zoning and building codes. The applicant is seeking to resolve the noted violations and retain the use of the building for storage purposes.</P> <P>Extent to which removal of restrictions will detrimentally affect nearby property. The subject property is located within the Urban Growth Area and is anticipated to develop residentially over time. E 1100 Road is a local road that provides access to the adjacent residential homes in the area and also provides access to the subject property. Approval of the CUP will not alter the base zoning. The applicant has proposed self-limiting conditions that minimize the impact that had originally been a concern for Staff and the Township. This modification in use and access for truck storage would not detrimentally impact adjacent properties.</P> <P>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. No significant gain to the public is provided by approval of this use. A marginal hardship to the existing adjacent landowners and township road maintenance is recognized. The area is isolated and is not directly accessible. As the area develops, this use will become obsolete and incompati ble.</P> <P>Conformance with The Comprehensive Plan. The Comprehensive Plan supports the retention of industrial uses and limited expansion of existing indus trial districts outside of the urban area. A Conditional Use Permit can be used to allow limited commercial and industrial usage such as truck storage.</P> <P>AND subject to the following conditions:</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>1.&nbsp;Approval of the CUP shall be limited to 5 years at such time the appli cant must reapply prior to continuation of the use;<BR>2.&nbsp;Provision of a revised site plan to show the following:<BR>&nbsp;&nbsp;&nbsp;&nbsp;a.&nbsp;Show existing E1100 Road right-of-way;<BR>&nbsp;&nbsp;&nbsp;&nbsp;b.&nbsp;Show front building setback along west property line and side building setback along south property line;<BR>&nbsp;&nbsp;&nbsp;&nbsp;c.&nbsp;Provide reference for drainage easement including Book &amp; Page number;<BR>&nbsp;&nbsp;&nbsp;&nbsp;d.&nbsp;Show that portion of the subject property that is located within the special hazard district flood zone including the map and date refer ences from FEMA; and<BR>&nbsp;&nbsp;&nbsp;&nbsp;e.&nbsp;Provision of a revised legal description that cites the full parent parcel that matches the County records and the sub-parcel pro posed.<BR>&nbsp;3.&nbsp;Provision of a revised site plan to include the following notes:<BR>&nbsp;&nbsp;&nbsp;&nbsp;a.&nbsp;"No restroom facilities are provided. If a restroom is provided the structure shall be required to meet ADAAG requirements on the site plan as well as actual building construction.<BR>&nbsp;&nbsp;&nbsp;&nbsp;b.&nbsp;Provision of a note that clarifies the proposed use of the building as truck and mower storage only."<BR>&nbsp;&nbsp;&nbsp;&nbsp;c.&nbsp;"All access will be limited to automobiles, pickup trucks or other light-duty trucks not to exceed five-ton load limit, and the Applicant shall, at its sole expense, repair all damage to East 100 Road caused by the applicant's use of such road."<BR>&nbsp;&nbsp;&nbsp;&nbsp;d.&nbsp;"No outside storage of equipment or materials."<BR>&nbsp;&nbsp;&nbsp;&nbsp;e.&nbsp;"No burning."<BR>&nbsp;&nbsp;&nbsp;&nbsp;f.&nbsp;"No night uses."<BR>&nbsp;&nbsp;&nbsp;&nbsp;g.&nbsp;"Exterior safety lighting is permitted."<BR>&nbsp;&nbsp;&nbsp;&nbsp;h.&nbsp;"No excessive noise."<BR>&nbsp;&nbsp;&nbsp;&nbsp;i.&nbsp;"No construction debris shall be dumped or disposed of on site."<BR>&nbsp;4.&nbsp;Revise site plan to remove notes related to exterior storage.</P></BLOCKQUOTE> <P>Commissioner Jones stated that he did not support approval of this CUP due to the history of compliance problems. McElhaney stated that he had spoken with staff and the applicant and his concerns have been addressed. He noted that this d&#160;s fall within the CUP requirements. Jones then stated that it should be made very clear that the County intends to enforce the CUP. Motion was made by Johnson to approve CUP-08-09-02 subject to the above conditions. Motion was seconded by McElhaney and carried with Jones opposed.</P> <P><STRONG>PLANNING 02-24-03</STRONG><BR>The Board considered Item No. 12 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated January 22, 2003. This item is CUP-12-17-02: Conditional Use Permit request for a storage shed at Creekwood Lawn Company. The property is generally described as being located at 1753 N 700 Road. Requested by Shelby Franklin, property owner of record. Sandra Day, staff member of the Lawrence-Douglas County Metropolitan Planning Depart ment, presented the item. This item comes to the Board with a recommendation for approval, based upon the following Findings of Fact:</P> <P>Zoning and uses of property nearby. The subject property and surrounding area is zoned for agricultural uses.</P> <P>Character of the area. The subject property is located two and a half miles north of Baldwin within the Vinland community. This area is characterized as a rural residential area and includes both agricultural and residential uses as well as a small airfield facility. The subject property is outside of any incorporated city's growth area and is predominantly an agricultural neighborhood including rural residential homes. The subject property is adjacent to county roads on two sides and has direct access to a paved county maintained road.</P> <P>Suitability of subject property for the uses to which it has been restricted. A Conditional Use Permit (CUP) d&#160;s 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 area is zoned for agricultural uses. The subject property is a five-acre tract suitable for future rural residential development.</P> <P>Length of time subject property has remained vacant as zoned. The subject property is developed with an existing storage building for machinery equipment. The structure was constructed as an agricultural building; therefore no building permit was issued. The County Zoning Regulations were adopted in 1966, this property has been zoned "A (Agricultural)" since that time.</P> <P>Extent to which removal of restrictions will detrimentally affect nearby property. Approval of the CUP will provide an opportunity for the applicant to be compliant with the minimum zoning regulations and standards until such time as a single-family house is constructed. As a Conditional Use Permit, the issues of screening and buffering to reduce undesirable impacts such as noise and view on residential properties to the west can and should be provided.</P> <P>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. There is no identified relative gain or detri ment to the public's health, safety and welfare by permitting development of this use as a Conditional Use Permit. The underlying A (Agricultural) zoning remains unchanged.</P> <P>Conformance with The Comprehensive Plan. A Conditional Use Permit can be used to allow limited commercial and industrial expansion or establish new or temporary areas for certain non-residential uses. This tool allows proportional development in harmony with the surrounding area. As recommended by Horizon 2020, the proposed request is, in the short term, consistent with the Comprehen sive Plan. As a more detailed study of industrial locations is completed for the unincorporated area, the longevity of the appropriateness may be affected.</P> <P>AND subject to the following conditions:</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>1.&nbsp;Provision of a note on the face of the site plan stating, "The Conditional Use Permit will be re-evaluated by the County Commission in Febru ary, 2008. The CUP will expire on February 28, 2013. Continuation of the use covered by this CUP beyond February 28, 2013 the applicant will need rezoning or approval of a new CUP."<BR>2.&nbsp;Provision of a revised site plan to include the following changes:<BR>&nbsp;&nbsp;&nbsp;&nbsp;a.&nbsp;Show present and proposed topography at 5'-0" intervals. (19A-4.4)<BR>&nbsp;&nbsp;&nbsp;&nbsp;b.&nbsp;Provide a note stating: "Work activity on the site shall be limited to the servicing of equipment and/or work vehicles and the pick up or delivery of such equipment/vehicles."<BR>&nbsp;&nbsp;&nbsp;&nbsp;c.&nbsp;State on the plan if there are restroom facilities on this property.<BR>&nbsp;&nbsp;&nbsp;&nbsp;d.&nbsp;Show any utilities to this building.<BR>&nbsp;&nbsp;&nbsp;&nbsp;e.&nbsp;Show dimension of adjacent roadways.<BR>&nbsp;&nbsp;&nbsp;&nbsp;f.&nbsp;Provision of a note on the face of the site plan that states; "The approved use for this site is an interior equipment storage facility for vehicles, mowers and related lawn care machinery for the appli cant. Repair, and/or servicing stored vehicles and equipment, other than those necessary for standard maintenance and upkeep, is expressly prohibited."<BR>&nbsp;&nbsp;&nbsp;&nbsp;g.&nbsp;Provision of a note on the face of the site plan that states; "Any exterior storage of material shall be completely screened per Sec tion 19-4(24) of the County Zoning Regulations."<BR>&nbsp;&nbsp;&nbsp;&nbsp;h.&nbsp;Provision of a note on the face of the site plan that states: "The addition of exterior storage of materials shall first require a revision to the site plan portion of the CUP."<BR>&nbsp;&nbsp;&nbsp;&nbsp;i.&nbsp;Provision of a note regarding existing landscape per Douglas County Zoning Regulations 19A-4.10.</P></BLOCKQUOTE> <P dir=ltr>Jones made a motion to approve CUP-12-17-02 subject to the above conditions. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>OUT-DISTRICT COMMUNITY COLLEGE TUITION STATEMENTS 02-24-03</STRONG><BR>Jones moved approval of the five (5) Out-District College Tuition Statements in the amount of $12,396. Motion was seconded by Johnson and carried with McElhaney opposed.</P> <P><STRONG>ACCOUNTS PAYABLE 02-24-03</STRONG><BR>Jones moved approval of accounts payable in the amount of $125,938.65 to be paid 2/10/03; $2,434,805.28 to be paid 2/17/03; accounts payable manual checks in the amounts of $766.00, $1,063.90, $116,806.50, and $5,000.00; payroll in the amount of $557,573.03; and electronic funds transfers in the amounts of $41,188.00 for FICA and $32,822.70 for KPERS to be paid 2/21/03. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>APPOINTMENTS 02-24-03</STRONG><BR>McElhaney made a motion to reappoint Roy Paslay, 309 Elmore, Lecompton, KS, and Paul Hamersky, 2119 E 300 Road, Lecompton, KS to the Fire District No. 1 Board of Trustees, which terms shall expire December 31, 2003.</P> <P><STRONG>APPOINTMENTS 02-24-03</STRONG><BR>McElhaney made a motion to reappoint the following individuals to the Douglas County Senior Services Board of Directors, which terms shall expire December 31, 2004:</P> <UL> <LI>Debbie Heinrich, 557 E 1750 Road, Baldwin City, KS;</LI> <LI>Joseph Marzluff, 4807 Brandon Woods Terrace, Lawrence, KS;</LI> <LI>Charlene Winter, 638 N 1800 Road, Lecompton, KS;</LI> <LI>Jim Ralston, 3005 W. 26th, Lawrence, KS;</LI> <LI>Ralph Ruhlen, 610 N 6th Street, Baldwin City, KS; and</LI> <LI>Virginia Seaver, 600 Louisiana, Lawrence, KS;</LI></UL> <P>and appoint the following individuals, which terms shall expire December 31, 2004:</P> <UL> <LI>Lori Garber, 604 N 1602 Road, Lawrence, KS;</LI> <LI>Fred Madaus, 2716 Stone Barn Terrace, Lawrence, KS; and</LI> <LI>David Mattern, 3006 Longhorn Drive, Lawrence.</LI></UL> <P>Jones seconded and the motion carried unanimously.</P> <P><STRONG>MISCELLANEOUS 02-24-03</STRONG><BR>At 10:45 A.M., Jones made a motion that the Board recess to go into Executive Session for 10 minutes with Craig Weinaug, County Administrator, to discuss possible acquisition of real estate. McElhaney seconded and the motion carried unanimously. The Board returned to regular session at 10:49 A.M. No action was taken.</P> <P>&#160;Johnson made a motion to adjourn; Jones seconded and the motion carried unanimously.</P> <P>_______________________________&nbsp;________________________________<BR>Bob Johnson,&nbsp; Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_______________________________&nbsp;________________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member</P>

<P>The Board of County Commissioners of Douglas County, Kansas met in special session on Friday, February 28, 2003 with all members present. The purpose of the special meeting was to canvass the results of the City/School Primary Election which was held on Tuesday, February 25, 2003. Chairman Johnson called the special meeting to order at 9:05 A.M. The Pledge of Allegiance was recited.</P> <P>Patty Jaimes, County Clerk, reported there were one hundred forty-four (144) provisional ballots. Jaimes made the recommendation that the Board count one hundred ten (110) of the provisional ballots. These were cast by voters that either moved and failed to re-register or had a name change. Jaimes then recommended that the remaining thirty-four (34) not be counted, twenty-two (22) of which lacked signatures and the remaining twelve (12) were first time regis trants. Jones made a motion that the Board approve Jaimes' recommendations. McElhaney seconded, and the motion carried unanimously.</P> <P>It should be noted that after the additional ballots were counted, the election results were not changed and no errors were found.</P> <P><STRONG>AGREEMENTS &amp; SHERIFF 02-28-03</STRONG><BR>Sheriff Trapp presented a Supplement to H.T.E., Inc. Software License and Services Agreement by and between H.T.E., Inc. and Douglas County, Kansas. Trapp explained that this contract was necessary in order to finalize the contract for the purchase mobile data units in the amount of $38,000 which was budgeted out of the 911 Fee Funds. Jones made a motion to authorize the Sheriff to execute the contract between H.T.E., Inc. and Douglas County. Motion was seconded by McElhaney and carried unanimously.</P> <P>Johnson moved for adjournment, McElhaney seconded and the motion carried unanimously.</P> <P>______________________________&nbsp;________________________________<BR>Bob Johnson, Chair&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Jere McElhaney, Member</P> <P>ATTEST:</P> <P>______________________________&nbsp;________________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member</P>

<P>Chairman Johnson called the meeting to order at 9:03 A.M. on Monday, March 3, 2003. Commissioners Johnson and Jones were present. Commissioner McElhaney was absent. The Pledge of Allegiance was recited.</P> <P><STRONG>PROCLAMATION 03-03-03</STRONG><BR>Peggy Wahlert, Cottonwood, Inc., read a proclamation proclaiming the month of March as "Mental Retardation and Developmental Disabilities Month." Johnson made a motion to adopt the proclamation as read; Jones seconded and the motion carried.</P> <P>Commissioner McElhaney joined the meeting at 9:08 A.M.</P> <P>Jones made a motion to approve the minutes of January 15 and February 3, 2003. McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>CONSENT AGENDA 03-03-03</STRONG><BR>Johnson moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5115 and 5116. Orders are on file in the office of the County Clerk;</LI> <LI>Approve Resolution No. 03-08 appointing the District Coroner and Deputy District Coroner for the Seventh Judicial District for the Four- Year Term which commenced on January 11, 2003;</LI> <LI>Approve the purchase of 2,4-DA, Glyphosate, Remedy, Tordon 22K and 2,4-DLV from Lone Pine Ag-Serv's;</LI> <LI>Approve the Noxious Weed Management Plan; and</LI> <LI>Note receipt of fee reports for the month of January 2003;</LI></UL> <P>Jones seconded and the motion carried unanimously.</P> <P><STRONG>AGREEMENTS &amp; SHERIFF 03-03-03</STRONG><BR>The Board considered approval of an Interlocal Agreement between the Board of County Commissioners of Shawnee, Kansas, The City of Topeka, The City of Lawrence, the Board of County Commissioners of Douglas County, Kansas, and the Board of County Commissioners of Jefferson, Kansas to jointly participate in the use of a software system referred as a "COPLINK Knowledge Computing Corporation" in order to provide for greater efficiency and effectiveness of police protection and public safety in the region. Rick Trapp, Sheriff, was present for the discussion. Trapp explained that this is a knowledge management system that manages information and assists in solving crime. Each participating agency will be able to download all available information into the COPLINK database on a daily basis. This consolidated information will then be available for all five agencies to use for investigative and analytical purposes. The database should enable all involved to become more effective in the common goal of reducing crime. The cost to Douglas County is seven thousand dollars ($7,000). Jones made a motion to authorize the Chair to execute the Interlocal Agreement, seconded by McElhaney and carried unanimously.</P> <P><STRONG>PROPERTY VALUATION 03-03-03</STRONG><BR>Marion Johnson, County Appraiser, presented the Annual Appraisal Report. No action was taken.</P> <P><STRONG>MISCELLANEOUS &amp; PARKING 03-03-03</STRONG><BR>The Board discussed the County's policy on reimbursement of bus fare. Craig Weinaug, County Administrator, presented the item. Weinaug noted that during the renovation of the Judicial &amp; Law Enforcement Center, the Board authorized the reimbursement of bus fare for employees as an incentive to utilize the bus system and relieve parking problems. Weinaug recommended the continuance of the reimbursement. Jones made a motion to continue the reimbursement, seconded by McElhaney and carried unanimously.</P> <P><STRONG>ACCOUNTS PAYABLE 03-03-03</STRONG><BR>Jones moved approval of accounts payable in the amount of $248,664.03 to be paid 2/24/03; $508,981.91 to be paid 3/3/03, and $38,157.50 to be paid 3/3/03. McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>MISCELLANEOUS 03-03-03</STRONG><BR>At 10:17 A.M. Johnson made a motion that the Board recess to go into executive session for one (1) hour with Craig Weinaug, County Administrator; Pam Madl, Director of Administrative Services; and Evan Ice, County Counselor, to discuss potential litigation. Motion was seconded by Jones and carried unanimously. At 11:15 A.M., Johnson made a motion to extend the executive session until 12:15 P.M., seconded by McElhaney and carried unanimously. The Board returned to regular session at 12:05 P.M. No action was taken.</P> <P>Johnson moved for adjournment; Jones seconded and the motion carried unanimously.</P> <P>______________________________&nbsp;________________________________<BR>Bob Johnson, Chair&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Jere McElhaney, Member</P> <P>ATTEST:</P> <P>______________________________&nbsp;________________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member</P>

<P>Chairman Johnson called the meeting to order at 9:05 A.M. on Monday, March 10, 2003. All members were present. The Pledge of Allegiance was recited.</P> <P>McElhaney made a motion to approve the revised minutes of November 4, and December 2, 2002, and the minutes of February 12, 2003. Jones seconded and the motion carried unanimously.</P> <P><STRONG>CONSENT AGENDA 03-10-03</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5119 and 5120. Orders are on file in the office of the County Clerk; and</LI> <LI>Award the following bids for various signs, posts, and miscellaneous materials for county and township use as recommended by the Direc tor of Public Works:</LI></UL> <P align=center> <TABLE borderColor=black cellSpacing=0 cellPadding=0 border=1> <TBODY> <TR> <TD style="WIDTH: 200px; HEIGHT: 20px">National Sign</TD> <TD style="WIDTH: 200px; HEIGHT: 20px">$3,303.55</TD></TR> <TR> <TD style="WIDTH: 200px; HEIGHT: 20px">Kansas Correctional Ind.</TD> <TD style="WIDTH: 200px; HEIGHT: 20px">$222.33</TD></TR> <TR> <TD style="WIDTH: 200px; HEIGHT: 20px">Custom Products</TD> <TD style="WIDTH: 200px; HEIGHT: 20px">$3,800.28</TD></TR> <TR> <TD style="WIDTH: 200px; HEIGHT: 20px">Rocal, Inc.</TD> <TD style="WIDTH: 200px; HEIGHT: 20px">$2,283.30</TD></TR> <TR> <TD style="WIDTH: 200px; HEIGHT: 20px">Hall Signs</TD> <TD style="WIDTH: 200px; HEIGHT: 20px">$316.50</TD></TR> <TR> <TD style="WIDTH: 200px; HEIGHT: 20px">Signs &amp; Blanks, Inc.</TD> <TD style="WIDTH: 200px; HEIGHT: 20px">$6,265.63</TD></TR> <TR> <TD style="WIDTH: 200px; HEIGHT: 20px">3M Company</TD> <TD style="WIDTH: 200px; HEIGHT: 20px">&nbsp;$440.00</TD></TR> <TR> <TD style="WIDTH: 200px; HEIGHT: 20px"> <P align=right><STRONG>Bid Total</STRONG></P></TD> <TD style="WIDTH: 200px; HEIGHT: 20px"><STRONG>$16,631.59</STRONG></TD></TR></TBODY></TABLE></P> <P>McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>PUBLIC WORKS &amp; PURCHASING 03-10-03</STRONG><BR>The Board discussed bids received for asphaltic concrete material for use during the 2003 road maintenance season. Keith Browning, Director of Public Works/County Engineer, was present for the discussion. Browning noted that only one (1) supplier, LRM Industries, submitted a bid this year. Typically, Asphalt Sales also bids on the supply contract, but they are undergoing an ownership change and did not feel comfortable submitting a bid. McElhaney made a motion to approve the contract with LRM Industries, Inc. for the supply of 5,001 tons to 13,000 tons of BM-2 asphaltic concrete at the unit price of $22.15 per ton. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PUBLIC WORKS &amp; PURCHASING 03-10-03<BR></STRONG>The Board then discussed bids received for road maintenance aggregates. Jones made a motion to accept the bids from Hunt Midwest for AB-3 in the amount of $10,000 for 2,000 tons from the Lawrence quarry and $42,500 for 10,000 tons from the Globe quarry; and accept the bid of $30,875 from Hunt Midwest (Globe quarry) for 6,500 tons of SS-3. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>MISCELLANEOUS 03-10-03</STRONG><BR>Lynn Parman, Vice President of Economic Development of the Lawrence Chamber of Commerce, presented an economic development update. No action was taken.</P> <P><STRONG>PARKS — BLACK JACK 03-10-03</STRONG><BR>The Board discussed the submission of a letter to the Historical Society with respect to the Black Jack Battleground. Johnson explained that since there is significant controversy with regard to the appropriate role of SHPO in regulating land use in the environs of sites that have been recognized by the state as being historically significant, he was raising the question as to whether Douglas County should request that the consideration of the Black Jack battle site be tabled. Kerrie Altenbernd was also present for the discussion. It was the consensus of the Board that the letter not be submitted to the Historical Society. </P> <P><STRONG>ACCOUNTS PAYABLE 03-10-03</STRONG><BR>Jones moved approval of accounts payable in the amount of $85,039.31 to be paid 3/10/03; accounts payable manual checks in the amount of $766.00; payroll in the amount of $554,864.71; and electronic funds transfers in the amounts of $40,991.47 for FICA and $32,392.83 for KPERS to be paid 3/7/03. McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>ZONING 03-10-03</STRONG><BR>Mike Garber appeared before the Board with a request for a variance to Home Rule Resolution No. HR-02-8-4, which prohibits the issuance of permits for the construction or placement of dwellings and mobile homes on tracts of land gaining primary access through minimum maintenance roads. Keith Dabney, Director of Zoning and Codes, was also present for the discussion. Dabney stated that Mr. Garber had submitted an application for a multi-purpose building which would include kitchen facilities for family gatherings. Dabney noted that according to the zoning regulations, one (1) primary dwelling is allowed on a piece of property. If a second building is built that includes a kitchen, it is consid ered a 2nd dwelling. Mr. Garber d&#160;s have adequate acreage that would allow him to divide the property in such a manner that would allow the dwelling, however Home Rule Resolution No. HR-02-8-4 prohibits issuance of building permits on minimum maintenance roads. Dabney also noted that Mr. Garber had gone before the Board of Zoning Appeals requesting the variance which was denied. Mr. Garber stated that Kanwaka Township would like to remove the minimum maintenance designation, but is unable to do so at this time because of budgetary constraints. McElhaney stated that he would meet with Kanwaka Township to see what their time line is for requesting that the minimum mainte nance designation be removed. No action was taken at this time.</P> <P>Johnson moved for adjournment; McElhaney seconded and the motion carried unanimously.</P> <P>____________________________ _____________________________<BR>Bob Johnson, Chairman Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk Charles Jones, Member</P>

<P>The Board of County Commissioners of Douglas County, Kansas, conducted a joint meeting with the Lawrence City Commission on Wednesday, March 12, 2003. Chairman Johnson called the joint meeting to order at 11:00 A.M. with all members present. The Boards discussed the following:</P> <UL> <LI>31st Street feasibility study, possible projects extending Kasold over the Trafficway and the Wakarusa River and possible short-term im provements to Kasold; and</LI> <LI>Update on the Sanitary Sewer Master Plan process.</LI></UL> <P>At 11:57 A.M., Johnson made a motion that the Boards go into executive session until 1:30 P.M. to discuss possible land acquisition. Motion was seconded by Jones and carried unanimously. The Boards returned to regular session at 1:20 P.M. No action was taken.</P> <P>Johnson made a motion that the Board adjourn until 6:35 P.M. for their regular meeting. Motion was seconded by McElhaney and carried unanimously.</P> <P>Chairman Johnson called the meeting to order at 6:35 P.M. on Wednesday, March 12, 2003. All members were present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 03-12-03</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5121, 5122, 5123 and 5124. Orders are on file in the office of the County Clerk.</LI></UL> <P>Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>ZONING 03-12-03</STRONG><BR>The Board discussed a request from Tom Stein for a variance of Home Rule Resolution No. 02-3-1 with regard do the 250' road frontage requirement. Mr. Stein is requesting the variance for his property located at 1248 E 2100 Road, Eudora, KS, in order to subdivide it into 2 lots. The subdivision would include the existing home and approximately 9 acres and a second lot of 5+ acres on which a new home would be constructed. Keith Dabney, Director of Zoning &amp; Codes, was present for the discussion. Jones stated that he would not support the variance since other individuals with compelling reasons have made requests for variances which were not granted. The Board suggested that Mr. Stein attempt to resolve this issue without the need for the variance. No action was taken.</P> <P><STRONG>MISCELLANEOUS 03-12-03<BR></STRONG>The Board discussed the possible initiation of a county government reorganiza tion process. Johnson stated that he thought it would be a good idea to take a look at where the County is and raise questions as to procedures and see if there were better ways of getting things accomplished. Johnson noted that he would expect this to be a lengthy process with lots of input. Jones stated that he has asked for input from several people and he d&#160;sn't object to the discussion. McElhaney stated that he was open to dialog. No action was taken.</P> <P><STRONG>ACCOUNTS PAYABLE 03-12-03</STRONG><BR>Jones moved approval of accounts payable manual checks in the amount of $1,988.00; McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>MISCELLANEOUS 03-12-03</STRONG><BR>Jones made a motion to authorize the Chair to execute a Confidentiality Agree ment between the Board of County Commissioners of Douglas County, Kansas and Farmland Industries, Inc. Motion was seconded by McElhaney and carried unanimously.</P> <P>Johnson made a motion to adjourn; McElhaney seconded and the motion carried unanimously.</P> <P>______________________________&nbsp;________________________________<BR>Bob Johnson, Chair&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Jere McElhaney, Member</P> <P>ATTEST:</P> <P>______________________________&nbsp;________________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member</P>

<P>Chairman Johnson called the meeting to order at 9:03 A.M. on Monday, March 24, 2003. All members were present. The Pledge of Allegiance was recited.</P> <P><STRONG>PROCLAMATION 03-24-03</STRONG><BR>Johnson read a proclamation proclaiming the month of April as "Fair Housing Month." Jones made a motion to adopt the proclamation as read; McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>PROCLAMATION 03-24-03</STRONG><BR>Gary Miller, Bert Nash, presented a proclamation proclaiming the week of November 11-15 ad Hunger and Homelessness Awareness Week. The Board recommended various changes to the proclamation which will be presented at a later date.</P> <P><STRONG>CONSENT AGENDA 03-24-03</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5126, 5127 and 5128. Orders are on file in the office<IMG height=16 src="http://dgitsrv1/Releases/Commission/RTE_Files/images/toolbar.gif" width=42 border=0 name=toolbar> of the County Clerk;</LI> <LI>Approve Resolution No. 03-09 concerning the reimbursement of county employees for the use of their personal motor vehicles for county business changing the reimbursement to 36.5&#162;/mile;</LI> <LI>Note receipt of the County Engineer's Annual Report for 2002;</LI> <LI>Waive the Douglas County Purchasing Policy and authorize a contract not to exceed $23,00 for the installation of the door entry system for the Judicial and Law Enforcement Center from CI3 Integrators; and</LI> <LI>Approve the Lone Star Lake Skiing dates as follows:</LI></UL> <P align=center> <TABLE borderColor=black cellSpacing=0 cellPadding=0 border=1> <TBODY> <TR> <TD colSpan=2><STRONG>That skiing be allowed from May 26 thru July 19, 2003, from 10:00 A.M. until<BR>9:00 P.M. on Tuesday, Wednesday, and Thursday of each week and also on the<BR>following dates:</STRONG></TD></TR> <TR> <TD style="WIDTH: 300px; HEIGHT: 20px">May 26 (Mon — Memorial Day)</TD> <TD style="WIDTH: 300px; HEIGHT: 20px">Jun 29 (Sun)</TD></TR> <TR> <TD style="WIDTH: 300px; HEIGHT: 20px">June 7 (Sat) </TD> <TD style="WIDTH: 300px; HEIGHT: 20px">June 1 (Sun)</TD></TR> <TR> <TD style="WIDTH: 300px; HEIGHT: 20px">June 15 (Sun) </TD> <TD style="WIDTH: 300px; HEIGHT: 20px">July 5 (Sat)</TD></TR> <TR> <TD style="WIDTH: 300px; HEIGHT: 20px">June 21 (Sat) </TD> <TD style="WIDTH: 300px; HEIGHT: 20px">July 13 (Sun)</TD></TR> <TR> <TD style="WIDTH: 300px; HEIGHT: 20px"></TD> <TD style="WIDTH: 300px; HEIGHT: 20px">July 19 (Sat)</TD></TR> <TR> <TD colSpan=2> <P><STRONG>That skiing be allowed from 10:00 A.M. until 8:00 P.M. on Tuesday, Wednesday, and<BR></STRONG><STRONG>Thursday of each week and also on the following dates:</STRONG></P></TD></TR> <TR> <TD style="WIDTH: 300px; HEIGHT: 20px">July 27 (Sun) </TD> <TD style="WIDTH: 300px; HEIGHT: 20px">Aug 24 (Sun)</TD></TR> <TR> <TD style="WIDTH: 300px; HEIGHT: 20px">Aug 2 (Sat) </TD> <TD style="WIDTH: 300px; HEIGHT: 20px">Aug 30 (Sat)</TD></TR> <TR> <TD style="WIDTH: 300px; HEIGHT: 20px">Aug 10 (Sun) </TD> <TD style="WIDTH: 300px; HEIGHT: 20px">Sept 1 (Mon — Labor Day)</TD></TR> <TR> <TD style="WIDTH: 300px; HEIGHT: 20px">Aug 16 (Sat)</TD> <TD style="WIDTH: 300px; HEIGHT: 20px"></TD></TR> <TR> <TD colSpan=2><STRONG>That skiing be allowed from 10:00 A.M. until 6:00 P.M. on the following dates:</STRONG></TD></TR> <TR> <TD style="WIDTH: 300px; HEIGHT: 20px">Sept 6 (Sat) </TD> <TD style="WIDTH: 300px; HEIGHT: 20px">Sept 20 (Sat)</TD></TR> <TR> <TD style="WIDTH: 300px; HEIGHT: 20px">Sept 14 (Sun)</TD> <TD style="WIDTH: 300px; HEIGHT: 20px"></TD></TR></TBODY></TABLE></P> <P>McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>PLANNING 03-24-03</STRONG><BR>The Board considered Item No. 6 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated February 26, 2003. This item is CUP-10-10-02: Conditional Use Permit request for a Verizon tower location at the corner of E 1450 Road and N 1800 Road. Requested by Verizon Wireless for Emil W. Heck, Jr. and Bette Q Heck, property owners of record. Sandra Day, staff member of the Lawrence-Douglas County Metropolitan Planning Depart ment, presented the item. This item comes before the Board with a unanimous recommendation for approval, based on the following Findings of Fact</P> <P>Zoning and uses of property nearby. The surrounding properties to the north and west are zoned for agricultural purposes. The property is bounded on the east by the railroad right-of-way and the riverfront area to the south.</P> <P>Character of the area. The subject property is located within an existing agricul tural neighborhood. The area includes scattered rural residences and a bed and breakfast facility to the north. A public park is located to the south of the subject property.</P> <P>Suitability of subject property for the uses to which it has been restricted.The suitability of the subject property for its current "A (agricultural District)" zoning will not be altered by the approval or denial of a CUP for the construction of a tower. The location of a tower facility in a non-residential area or agricultural district is preferred. Towers are a permitted use in this district subject to the approval of a CUP.</P> <P>Extent to which removal of restrictions will detrimentally affect nearby property. No physical detrimental impacts are anticipated by the construction of a communication tower in part because the base zoning will not be altered. The proposed tower height is less than 120' and will not require lighting unless otherwise ordered by the FAA. Individual property owners may perceive a loss or negative impact on the view depending on the proximity to the tower location. The proposed tower is located in a preferred zoning district.</P> <P>Length of time subject property has remained vacant as zoned. The subject property is currently used for agricultural crop activities and includes an existing rural residence located in the northwest portion of the property. It has been zoned for agricultural purposes since 1966.</P> <P>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. No significant gains to the public health, safety and welfare would result from the approval of this proposed tower. Approval of this tower will result in the improvement of communication service for the private provider making this request. The proposed tower enclosure area is setback 100' from the nearest property line. The center of the tower structure is located approximately 150' from the nearest property line. The county code requires the minimum setback be equal to the height of the tower. The proposed tower includes locations for other equipment to be co-located on this structure.</P> <P>Conformance with The Comprehensive Plan. Horizon 2020 d&#160;s not directly address the issue of special or conditional uses. The plan provides basic guidance regarding major infrastructure improvements and urges that such uses be carefully planned and provided. The provision of such services should be focused in existing service areas to address growth. Additionally, placement and visual appearance are a key consideration in creating compatibility.</P> <P>AND subject to the following conditions:</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>1. Provision of a revised site plan to include the following:<BR>a. A note which states: "Any tower that is not in use for a period of three continuous years, or more, shall be removed by the owner at the owner's expense. Failure to remove the tower pursuant to non- use may result in removal and assessment of cost to the property pursuant to K.S.A. 12-6a17."<BR>b. A note which states: "The tower owner and/or operator shall submit a letter to the Planning Office by July 1st of each year listing the current users and types of antenna located on the approved tower.. (Letter should include reference to the CUP number and legal description.)<BR>c. Minimal lighting at the base shall be reviewed and approved by staff. Any lighting of the enclosure area shall be directed downward and shielded to prevent glare and light trespass.<BR>d. A sign shall be posted on the tower or the exterior fence around the base of the tower noting the name and telephone number of the tower owner and operator.<BR>2. Provision of a copy of the approved Corps of Engineer's permit prior to the release of the site plan to the Zoning Administrator; and<BR>3. Approval of the driveway entrance by the township board.</P></BLOCKQUOTE> <P>Johnson noted for the record that he is a stockholder in Verizon. It was deter mined this would not constitute a conflict of interest. </P> <P>Jones questioned the 10 year approval with 5 year review process. Sandra stated that was not typically a condition placed on towers.</P> <P>Jones made a motion to approve CUP-10-10-02 subject to the above conditions with the additional condition that the Conditional Use Permit is valid for a period of up to 10 years from the date of approval by the Board of County Commission ers with a review after 5 years. McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>PARKS — BROKEN ARROW 03-24-03<BR></STRONG>Fed DeVictor, Director of Parks and Recreation, and Mark Hecker, Park Mainte nance Superintendent of the City of Lawrence, conducted a presentation regarding improvements made to Broken Arrow Park resulting from an agree ment between Douglas County and the City of Lawrence. No action was taken.</P> <P><STRONG>AGREEMENTS AND SHERIFF 03-24-03</STRONG><BR>Rick Trapp, Sheriff, presented a Communications System Agreement between Motorola, Inc. and Douglas County, Kansas. Trapp explained that approval and execution of this agreement would enable the Sheriff's Department to order the equipment necessary to implement the Mobile Data System. Upon execution of the agreement, the Federal Government is prepared to wire the Sheriff's Office the initial installment of grant funding. Douglas County's total match is $126,153 and the Federal Government's grant is $318,459. Jones made a motion to authorize the Sheriff to execute the contract between Motorola, Inc. and Douglas County, Kansas, and authorized the Sheriff to execute change orders up to $10,000. McElhaney stated he was not comfortable with the change order authority and requested that any use of the authority be reported. McElhaney then seconded the motion which carried unanimously.</P> <P><STRONG>PUBLIC WORKS &amp; RESOLUTIONS 03-24-03<BR></STRONG>The Board considered approval of a resolution establishing a 40 miles per hour maximum speed limit on a portion of Douglas County Route No. 442 near Stull. Keith Browning, Director of Public Works/County Engineer, was present for the discussion. Browning explained that in anticipation of the completion of the Route 442 improvements, the entire section of Route 442 between Stull and US- 40 Highway has been studied to determine appropriate permanent traffic control signing. As part of that study, it has been determined that the existing 40 mph speed zone in the town of Stull should be extended 380 feet to the east. The study concluded that the transition area between the existing 40 mph and 55 mph speed zones coincides with the roadway location where eastbound stopping sight distance is less than adequate for 55 mph. Jones moved approval of Resolution No. 03-10 establishing a 40 miles per hour maximum speed limit on a portion of Douglas County Route 442 near Stull, and rescinding Douglas County Resolution No. 93-43. Motion was seconded by McElhaney and carried unani mously.</P> <P><STRONG>PURCHASING 03-24-03</STRONG><BR>The Board discussed copiers for Douglas County. Jackie Waggoner, Purchasing Agent, was present for the discussion. Waggoner explained that in 1998 the County purchased twenty-five (25) copiers. When the new Jail and Zoning opened in 1999, six (6) additional copiers were purchased. As a result of the recent renovation, an additional six (6) copiers were added on a month to month rental to address immediate needs. She further explained that the maintenance on the County's thirty-one (31) copiers has expired and continue on a month to month basis. Since we became centralized in 1990 the County has purchased and leased copiers. Both types of contracts have included a service agreement which furnishes all supplies except paper. Funds were allocated in 2003 to acquire new copiers for the six (6) copiers added during renovation, as well as copiers that have high volumes and are experiencing increased mechanical problems. Due to recent budget cuts for this expenditure, we have been explor ing options to address both equipment needs and the budget shortfall. Logan Business has provided a competitive solution to provide equipment and mainte nance of eleven (11) copiers at a cost per copy (CPC) rate of .02 and .024 for a 12-month lease/rental. Savin Corporation and Century United are the two suppliers authorized for sales and service of Savin equipment (our existing copiers). Century United provided the lowest CPC rate (.0096) and is willing to continue servicing our existing copiers. Our estimated annual cost for twelve months would be $38,081 ($24,119 + $13,962). This cost is based on current and estimated volumes. The Law Library and Community Corrections will be utilizing the 12-month rental agreement. Funding for these two copiers would be from another source and are not reflected in the estimated annual cost. Prior to the 12-month rental agreement ending, we intend to solicit proposals for a longer term solution. Jones made a motion to authorize a 12-month rental of eleven (11) copiers (including maintenance) with Logan Business, and maintenance of existing equipment with Century United at a CPC rate of .0096. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>ACCOUNTS PAYABLE 03-24-03</STRONG><BR>Jones moved approval of accounts payable in the amounts of $1,022,764.91 to be paid 3/17/03 and $148,056.29 to be paid 3/24/03; accounts payable manual checks in the amount of $1,123.48; payroll in the amount of $557,617.59; and electronic funds transfers in the amounts of $40,269.71 for FICA and $32,636.25 for KPERS to be paid 3/21/03. McElhaney seconded and the motion carried unanimously.</P> <P>McElhaney moved for adjournment; Jones seconded and the motion carried unanimously.</P> <P>_______________ ____________________<BR>Bob Johnson, Chair Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_____________________ __________________<BR>Patty Jaimes, County Clerk Charles Jones, Member</P>

<P>Chairman Johnson called the meeting to order at 6:35 P.M. on Wednesday, March 26, 2003. All members were present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 03-26-03</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <UL> <LI>Note receipt of fee reports for the month of February 2003.</LI></UL> <P>McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>MISCELLANEOUS 03-26-03</STRONG><BR>The Board considered a request from the City of Eudora to share in the cost of an improvement study for County Route 1061 from 14th &amp; Church Streets south to 28th Street. Ron Conner, Mayor of the City of Eudora, was present for the discussion. When the County Commission met jointly with the Eudora City Council earlier in the year, the pending impacts on County Road 1061 and the bridge crossing K-10 Highway by planned development south of K-10 was discussed. Conner noted that from 14th Street in Eudora south to 28th Street, the roadway — also referred to as Church Street — has experienced higher demand of vehicle use due to residential growth in the Meadowlark and Shadow Ridge subdivisions, use of the Eudora High School and traffic from south Douglas County using County Route 1061 to access K-10 Highway. An even greater use of the road is anticipated with planned residential subdivision expansion, the opening of a new high school and the transfer of local middle school activities to the vacated high school. Conner stated that the City of Eudora is authorizing an engineering study to review projected traffic and pedestrian pattens and for the development of conceptual designs and cost estimates for recommended future improvements of County Route 1061 from 14th &amp; Church south to 28th Street. The information will be critical for future planning of improvements that involve the roadway, K-10 Highway bridge and intersections to support increased traffic and safe pedestrian measures. The engineering study will cost a not-to-exceed amount of $6,500 and will be conducted by the City's engineering firm, BG Consultants, Inc., Lawrence, Kansas. Johnson made a motion that Douglas County participate in the study to the extent of fifty percent (50%), not to exceed $3,250, and that Keith Browning, Director of Public Works/County Engineer, be an active participant representing the County. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>PUBLIC WORKS 03-26-03<BR></STRONG>The Board discussed the Five-Year Plan Project List for Federally Assisted Projects. Keith Browning, Director of Public Works/County Engineer, was present for the discussion. Browning noted that the Kansas Department of Transportation (KDOT) annually requests that counties update the projects included in the county portion of the Statewide Transportation Improvement Program (STIP) These are projects for which the county wishes to use federal funding assistance (typically 80% federal, 20% local) in an amount not to exceed the obligation authority for each county. The projects currently on Douglas County's list are as follows:</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>(1)&nbsp;Route 442 from E 318 Road to Route 1029 — spot location grading for improved sight distance, addition of shoulders, flattening frontslopes, extending or replacing culverts, and construction of one bridge.<BR>(2)&nbsp;Route 1029 from Route 438 to Lecompton — Similar scopes to Project (1) without the bridge construction. Includes reconfiguration of Route 1029/Route 438 intersection to a curved alignment.<BR>(3)&nbsp;Route 438 from Route 1029 east 21/2 miles to K-10 intersection — total reconstruction of approximately two (2) miles and adding shoulders, flattening frontslopes, extending or replacing culverts in the remaining 1/2 mile. </P></BLOCKQUOTE> <P>Browning gave a brief overview of the projects' progress. Browning then ex plained that the first two projects in the 5-Year Plan are firm and cannot be revised. Since Project (3) is not scheduled for a bid letting in the next two years, it is possible to replace it with another project or insert another project as our #3 priority. Of course, the total amount of available obligation authority is firm. Inserting another project as the #3 priority will reduce even further the amount of federal funds available for the Route 438 project or will require further delaying in the project to allow a build-up of federal aid obligation authority.</P> <P>Browning noted a possible project that could be inserted as the #3 priority is the replacement of Bridge No. 09.24N-16.00E, located on Route 1055 approximately 3/4 mile south of Route 458 (just north of the Gun Club). This project was added to the five-year plan as Project (4) two years ago, but was dropped from the plan last year by KDOT due to anticipated costs for the Route 438 project. The deck of this bridge is in poor condition, and the bridge is posted for a 10-ton load limit. Route 1055 is a significant link between Baldwin City and Lawrence, and the presence of the load posted bridge affects the movement of goods and services between the two cities. </P> <P>Browning also noted another project that must be undertaken in the next few years is a full deck replacement for the Kansas River Bridge at Lecompton. This deck has been patched numerous times, and a recent inspection revealed further delaminated areas. The steel superstructure and concrete substructure are in good condition. The proposed project would be similar to the deck replacement project for the Kansas River Bridge at Eudora completed a few years ago. The project would entail removing the deck, installing welded stud anchors to the top flanges of the steel girders, removing existing lead-based paint, repainting the superstructure, and constructing a new, wider concrete deck. The big difference from the Eudora bridge project is that the Perry/Lecompton school district crosses this bridge daily and the project may require construction under traffic. This will increase both the construction time required and the cost of the project. In 2002 dollars, the estimated cost of the Lecompton bridge deck replacement project is $2,831,000, which includes a 10% contingency. This bridge is situated on the Jefferson County line, so an agreement with Jefferson County would be pursued to share local costs. A typical method of sharing costs is to apportion cost shares according to the assessed valuation of each county. Given current valuations, Douglas County would be responsible for 88.15% of the total local costs. </P> <P>Browning then recommended that the Board approve the current Five-Year Plan as is.</P> <P>Johnson asked for public comment. No comments were received. McElhaney made a motion to approve the Five-Year Plan Project Listing for Federally Assisted Projects with the substitution of Project (3) with the replacement of Bridge No. 09.24N-16.00E, located on Route 1055 approximately 3/4 mile south of Route 458 (just north of the Gun Club). Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>ACCOUNTS PAYABLE 03-26-03</STRONG><BR>Jones moved approval of accounts payable manual checks in the amount of $110,682.52; Johnson seconded and the motion carried unanimously.</P> <P><STRONG>APPOINTMENTS 03-26-03</STRONG><BR>Johnson made a motion to appoint Donna Bell, 524 Brentwood Drive, Lawrence, KS, to the Lawrence-Douglas County Health Board. It should be noted that this appointment is a joint appointment with the City of Lawrence which term shall expire March 31, 2006. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PROCLAMATION 03-26-03</STRONG><BR>Johnson read a Proclamation expressing appreciation to all the volunteers in their efforts to assure that the Lawrence Interdenominational Nutrition Kitchen (L.I.N.K.) will continue to meet its mission. Jones made a motion to adopt the Proclamation as read; McElhaney seconded and the motion carried unanimously.</P> <P>&#160;Jones moved for adjournment; McElhaney seconded and the motion carried unanimously.</P> <P>_______________&nbsp;____________________<BR>Bob Johnson, Chair&nbsp;&nbsp;Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_____________________&nbsp;__________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;Charles Jones, Member</P>

<P>Chairman Johnson called the meeting to order at 9:05 A.M. on Monday, March 31, 2003.&nbsp; All members were present. The Pledge of Allegiance was recited.</P> <P><STRONG>PROCLAMATION 03-31-03</STRONG><BR>Christine Kenney, District Attorney, read a Proclamation proclaiming the week of April 6-12, 2003, as "Crime Victims Rights Week".&nbsp; Johnson made a motion to adopt the proclamation as read, seconded by Jones and carried unanimously.</P> <P><STRONG>CONSENT AGENDA 03-31-03</STRONG><BR>Jones made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order No. 5125. Order is on file in the office of the County Clerk; and</LI> <LI>Authorize the purchase of one (1) Dodge Intrepid in the amount of $16,707.50 from Gary Hardy Dodge to replace a patrol vehicle that was damaged in a wreck.</LI></UL> <P>McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>EMERGENCY COMMUNICATIONS &amp; PURCHASING 03-31-03</STRONG><BR>The Board discussed a request to upgrade the Dictaphone recording equipment. Jim Denney, Director of Emergency Communications, and Jackie Waggoner, Purchasing Agent, were present for the discussion. In 1998 the County pur chased a 911 recording system from Dictaphone. This equipment is approxi mately 8-10 year old technology. While the equipment has become obsolete, Dictaphone has been able to continue to provide service and support. However, the annual maintenance contract has recently exceeded $10,000. Dictaphone provided projected maintenance costs for the next five years, however, they may not be able to continue service for this period of time. Dictaphone has also provided an upgrade option in the amount of $32,416, which includes 5 years maintenance. Johnson made a motion to accept the purchase option in the amount of $32,416 to upgrade the 911 recording system submitted by Dicta phone. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>AMBULANCE 03-31-03</STRONG><BR>The Board considered a request from the Lawrence-Douglas County Fire &amp; Medical Department to increase Emergency Medical and Ambulance fees.&nbsp; Mark Bradford, Deputy Chief, was present for the discussion. Bradford noted there were three (3) basic reasons for the fee increase. The first is to bring the fee structure up to the market service level. The second is to bring the Medicare charges up to what Medicare allows. Bradford explained that currently the department is charging less than what could be charged.&nbsp; The third reason is to look for ways to increase revenues due to the State budgetary cuts. After an in- depth discussion, Jones requested additional information, specifically, different scenarios for patients with health insurance, without health insurance, on Medi care, and on Medicaid for comparison purposes. Jones also suggested that once this information is available, the Board conduct a study session consisting of a representative from the City, a representative from Medicare (if possible), and Bradford. No action was taken.</P> <P><STRONG>ACCOUNTS PAYABLE 03-31-03</STRONG><BR>Jones moved approval of accounts payable in the amount of $123,567.87 to be paid 3/31/03.&nbsp; McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>MISCELLANEOUS 03-31-03</STRONG><BR>Craig Weinaug, County Administrator, noted there were no items currently scheduled for the Wednesday, April 2, 2003, Agenda. Johnson made a motion to cancel the meeting scheduled for Wednesday, April 2, 2003. Motion was sec onded by McElhaney and carried unanimously.</P> <P>Johnson moved for adjournment.&nbsp; Jones seconded and the motion carried.</P> <P>_____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Jere McElhaney, Member</P> <P>ATTEST:</P> <P><BR>_____________________________&nbsp;_____________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member</P>

<P>Chairman Johnson called the special meeting to order at 9:05 A.M. on Friday, April 4, 2003, with all members present. The purpose of the special meeting was to canvass the ballots of the City/School General Election which was held on Tuesday, April 1, 2003. The Pledge of Allegiance was recited.</P> <P>Patty Jaimes, County Clerk, reported there were 211 provisional ballots. Jaimes made the recommendation that the Board count 188 of the provisional ballots. These were cast by individuals that had either moved or went to the wrong precinct. Jaimes then recommended that the remaining 23 not be counted. These were ballots that either did not have signatures or were first time regis trants. </P> <P>The Board then discussed problems that occurred on election night. Jaimes explained that the software chip for the primary election was mistakenly installed. The error was discovered and the correct software chip was then installed. However, it was discovered that 7,002 ballots had been counted twice. This changed the unofficial results in the third seat of the Lawrence City Commission election. After discussion, Commissioner Johnson made a motion to direct the County Clerk to recount the ballots including the recommended 188 provisional ballots. Motion was seconded by McElhaney and carried unanimously.</P> <P>At 9:38 A.M., Jones made a motion that the Board recess until 4:30 P.M.; McElhaney seconded and the motion carried unanimously.</P> <P>The Board reconvened at 4:38 P.M. with all members present. </P> <P>No errors were found.</P> <P>Johnson moved for adjournment, McElhaney seconded and the motion carried unanimously.</P> <P>______________________________&nbsp;________________________________<BR>Bob Johnson, Chair&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Jere McElhaney, Member</P> <P>ATTEST:</P> <P>______________________________&nbsp;________________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member</P>

<P>Chairman Johnson called the meeting to order at 9:04 A.M. on Monday, April 7, 2003.&nbsp; All members were present. The Pledge of Allegiance was recited.</P> <P>Jones made a motion to approve the minutes of October 23, November 25, December 11, December 23, 2002, January 6, January 8, and January 13, 2003.&nbsp; McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>PROCLAMATION 04-07-03</STRONG><BR>Kathy Colson read a Proclamation proclaiming the week of April 7-13, 2003 as "Public Health Week" in Douglas County. McElhaney made a motion to adopt the Proclamation as read, seconded by Jones and carried unanimously.</P> <P><STRONG>CONSENT AGENDA 04-07-03</STRONG><BR>Jones made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Commission Order Nos. 5129 &amp; 5130. Orders are on file in the office of the County Clerk; and</LI> <LI>Approve the 2002 Township Annual Reports.</LI></UL> <P>Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>PURCHASING 04-07-03</STRONG><BR>The Board discussed bids received for the purchase of one (1) wide format copier. Jackie Waggoner, Purchasing Agent, explained that this would replace an existing copier in the Public Works Department. This equipment will also address needs in the Appraiser's Office, Register of Deeds, Zoning and Public Works. Proposals were solicited for a large format copier/scanner/printer that will be networked. This digital system will allow us to reproduce, manipulate and archive engineering images (e.g. plans, drawings, photos), and the versatility to interface with existing plotters. Funding for this expenditure is available through Public Works Equipment Reserve and the Register of Deeds Technology Fund. Waggoner explained that a committee of five (5) evaluated the proposals and narrowed the selection to three (3) providers. After demonstrations of the equipment, the committee chose the KIP 200 Stacker proposed by Drexel Technologies.&nbsp; Jones made a motion to accept the negotiated proposal in the amount of $28,973 from Drexel Technologies and that the existing equipment be offered to non-profit agencies and if there is no interest, the equipment be sold at auction. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>PUBLIC WORKS &amp; PURCHASING 04-07-03</STRONG><BR>The Board discussed bids received for the supply and application of dust palliative material. Keith Browning, Director of Public Works/County Engineer, was present for the discussion. Bids were solicited for both 38% Calcium Chloride solution and 32% Magnesium Chloride solution. Browning recommended that the low bid for magnesium chloride from Scotwood Industries be accepted. In addition to the dust palliative material, a water truck will need to be hired to pre- wet all locations. This cost is added to the cost of the dust palliative and is passed along to the users. McElhaney made a motion to accept the low bid for magnesium chloride from Scotwood Industries at a unit cost of $0.414 per gallon for the user fee dust palliative program. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>BUDGET 04-07-03</STRONG><BR>The Board conducted a preliminary discussion of the County Budget preparation for 2004. No action was taken.</P> <P><STRONG>ACCOUNTS PAYABLE 04-07-03</STRONG><BR>McElhaney moved approval of accounts payable in the amount of $172,459.56 to be paid 4/7/03; accounts payable manual checks in the amount of $766; payroll in the amount of $566,085.50; and electronic funds transfers in the amounts of $41,836.37 for FICA and $32,504.15 for KPERS to be paid 4/4/03. Motion was seconded by Jones and carried unanimously.</P> <P>Jones moved for adjournment; McElhaney seconded and the motion carried unanimously.</P> <P>____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member</P>

<P>Chairman Johnson called the meeting to order at 6:38 P.M. on Wednesday, April 9, 2003. All members were present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 04-09-03<BR></STRONG>There were no consent items.</P> <P><STRONG>ZONING 04-09-03</STRONG><BR>The Board considered approval of a request for a Temporary Business Use Permit from Coal Creek Farms, L.L.C. to host "Wild West Days" on April 26, 2003. The property is located at 1676 N 1000 Road, Lawrence, KS, and consists of 174 acres.&nbsp; Keith Dabney, Director of Zoning &amp; Codes, was present for the discussion. Dabney explained that "Wild West Days" will feature the Santa Fe Desperados (re-enactors) who will perform two Wild West shows. There will be horse/feed vendors, open trails for riding, hayrides, a bonfire lunch, horse rides for kids and cakewalks. The event is scheduled to occur from 10:00 A.M. until 5:00 P.M. Dabney noted that the applicant has provided proof of insurance and meets all requirements per notified departments. Dabney recommended ap proval of the permit. The Board discussed the impact a possible burn ban might have and directed staff to notify the applicants of this possibility. Johnson then noted that Douglas County should be identified as a holder on the Certificate of Insurance. McElhaney made a motion to approve the Temporary Business Use Permit for Coal Creek Farms, L.L.C., to host "Wild West Days" on April 26, 2003, with the condition that Douglas County be identified as a holder on the Certificate of Insurance. Motion was seconded by Jones, and carried unanimously.</P> <P><STRONG>ACCOUNTS PAYABLE 04-09-03</STRONG><BR>Jones moved approval of accounts payable manual checks in the amounts of $80.00 and $6,778.53; McElhaney seconded and the motion carried unani mously.</P> <P>McElhaney moved for adjournment; Jones seconded and the motion carried unanimously.</P> <P>______________________________&nbsp;________________________________<BR>Bob Johnson, Chair&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Jere McElhaney, Member</P> <P>ATTEST:</P> <P>______________________________&nbsp;________________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member</P>

<P>Chairman Johnson called the meeting to order at 9:03 A.M on Monday, April 14, 2003.&nbsp; All members were present. The Pledge of Allegiance was recited.</P> <P><STRONG>MISCELLANEOUS 04-14-03</STRONG><BR>The Board discussed a Proclamation proclaiming the week of November 11-15, 2003 as National Hunger &amp; Homelessness Awareness Week. It was the consen sus of the Board to table approval until Wednesday, April 16, 2003.</P> <P><STRONG>CONSENT AGENDA 04-14-03</STRONG><BR>McElhaney made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5130 and 5131. Orders are on file in the office of the County Clerk; and</LI> <LI>Approve Home Rule Resolution No. HR-03-4-2 relating to the adminis trative approval and co-location of existing radio, television and tele communication towers in the unincorporated territory of Douglas County, Kansas.</LI></UL> <P>Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>ACCOUNTS PAYABLE 04-14-03</STRONG><BR>Jones moved approval of accounts payable in the amount of $377,131.07 to be paid 4/14/03. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>MISCELLANEOUS 04-14-03</STRONG><BR>At 9:40 A.M., Jones made a motion that the Board recess to go into Executive Session for 20 minutes with Craig Weinaug, County Administrator, to discuss possible acquisition of real estate. McElhaney seconded and the motion carried unanimously. The Board returned to regular session at 9:48 A.M. No action was taken.</P> <P>Johnson moved for adjournment.&nbsp; McElhaney seconded and the motion carried.</P> <P>____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member</P>

<P>Chairman Johnson called the meeting to order at 6:35 P.M. on Wednesday, April 16, 2003.&nbsp; All members were present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 04-16-03</STRONG><BR>McElhaney made a motion to table approval of the Proclamation Proclaiming the Week of November 11-15, 2003 as National Hunger &amp; Homeless Awareness Week. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PLANNING 04-16-03</STRONG><BR>The Board considered Item No. 10 of the minutes of the Lawrence-Douglas County Metropolitan Planning Department dated 3/26/03. This item is CUP-02- 01-03: Conditional Use Permit for a recreation facility to be known as Lone Oak Sporting Trap. The property is generally located at 1718 N 1700 Road. Submit ted by Gary L. Weigel, property owner of record. Sandra Day, staff member of the Lawrence-Douglas County Metropolitan Planning Department, was present for the discussion. This item comes to the Board with a unanimous recommen dation for approval based on the following Findings of Fact:</P> <P>Zoning and uses of property nearby. The surrounding area in all directions is zoned and used for agricultural purposes that include scattered rural residences. A quarry operation is located to the west.</P> <P>Character of the area. The subject property is located in far western Douglas County. Large tracts of agricultural land characterize the area with a few scat tered residences along county roads.</P> <P>Suitability of subject property for the uses to which it has been restricted.The suitability of the subject property for its current "A (agricultural District)" zoning will not be altered by the approval or denial of a CUP for the recreation facility. The activity area is limited to 4 acres of a total 308-acre parcel. Private recreational facilities are a permitted use in this district subject to the approval of a CUP.</P> <P>Extent to which removal of restrictions will detrimentally affect nearby property. The proposed request will not alter the base agricultural district. The proposed request is a permitted use per Section 19-4(11) subject to approval of a Conditional Use Permit. Addition of the use will increase the traffic and noise associated with the activity that is non-agricultural in nature.</P> <P>Length of time subject property has remained vacant as zoned. The subject property is currently used for agricultural activities and includes multiple buildings and two residences. It has been zoned for agricultural purposes since 1966.</P> <P>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. No significant gains to the public health, safety and welfare would result from the approval of this proposed facility. Approval of the proposed use would provide additional recreational opportunities within Douglas County. The activity area is located in the center of the 300 plus acre area providing ample buffer within the applicant's property. If denied, the subject property can continue to be used for agricultural purposes. The surround ing area is relatively unpopulated and includes only sparse residential develop ment uses in the area. The activity should not have any significant impacts on surrounding residents or property owners.</P> <P>Conformance with The Comprehensive Plan. While Horizon 2020 d&#160;s not specifically address conditional use permits or private recreational facilities in Douglas County, staff finds that the application is not inconsistent with the goals and policies of the Comprehensive Plan.</P> <P>AND subject to the following conditions:</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>1.&nbsp;Provision of a revised site plan to include the following notes:<BR>&nbsp;&nbsp;&nbsp;&nbsp;a.&nbsp;"Use of building for commercial activity must be approved by the County Zoning Administrator."<BR>&nbsp;&nbsp;&nbsp;&nbsp;b.&nbsp;"No retail sales shall be permitted on the premises."<BR>&nbsp;&nbsp;&nbsp;&nbsp;c.&nbsp;"Firearms shall be limited to shotguns."<BR>&nbsp;&nbsp;&nbsp;&nbsp;d.&nbsp;"The conditional use permit is valid for a period of up to 5 years from the date of approval by the Board of County Commissioners. Exten sion of the CUP for an additional period of time may be considered by the Board of County Commissioners."<BR>&nbsp;&nbsp;&nbsp;&nbsp;e.&nbsp;"Review of the use shall be required one year after initiation of opera tion to assess compliance with conditions of approval."</P></BLOCKQUOTE> <P dir=ltr>The Board asked that the record show that the CUP would be for five (5) years instead of the normal ten (10) years.&nbsp; Jones made a motion to approve CUP-02- 01-03.&nbsp; Johnson seconded and the motion carried unanimously.</P> <P><STRONG>PLANNING 04-16-03</STRONG><BR>The Board considered Item No. 2 of the Lawrence-Douglas County Metropolitan Planning Commission dated 3/26/03. This item is PF-02-01-03: Final Plat for Oak Grove Estates No. 2, a proposed seven-lot rural subdivision containing approxi mately 25.4162 acres.&nbsp; The property is generally located between Hwy 59 and E 1326 (extended), south of Berg Acres.&nbsp; Submitted by Dennis Boltz, R.L.S., for Carl McElwee, property owner of record.&nbsp; Brian Pedrotti, staff member of the Lawrence-Douglas County Metropolitan Planning Department, was present for the discussion. </P> <P>The subject property is generally located on the east side of US 59 Highway, south of N 1100 Road. The applicant proposes to replat 5 lots into 7 residential lots on 25.4 acres. The property is undeveloped, and is surrounded by agricul tural uses to the south and residences to the north. US Highway 59 right-of-way is directly to the west. </P> <P>In October of 2000, the property owner agreed with Douglas County Public Works to share the costs of upgrading E 1326 Road north to N 1100 Road upon construction of homes on 70% of the lots (i.e., homes on 6 lots constructed) on the original Final Plat of Oak Grove Estates. Wakarusa Township has requested that this road maintenance agreement be upheld as originally agreed based on the previously approved number of lots along E 1326 Road. The applicant must provide the road maintenance agreement as agreed to by Wakarusa Township. </P> <P>The Kansas Department of Transportation recently released the proposed alignment for US-59, which is anticipated to be constructed 300' east of the existing alignment. This new highway would cut diagonally from west to east on the south side of this proposed plat. Although KDOT has indicated that no significant portion, if any, of this property would be required and there would be no impingement on the use of the lot.</P> <P>This item comes to the Board with a unanimous recommendation of acceptance of easements and rights-of-way, subject to the following conditions:</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>1.&nbsp;Provision of a note on the face of the plat stating, "No building permit may be issued for lots without an approved water meter from the Rural Water District;"<BR>2.&nbsp;Provision of the road maintenance agreement signed by the Wakarusa Township Board including installation of two (2) fire fill stations;<BR>3.&nbsp;Provide Note 13 from the Preliminary Plat;<BR>4.&nbsp;Provide a note reference the date and panel # of the FEMA floodplain map;<BR>5.&nbsp;Provide a copy of the covenants, restrictions, as referenced on Prelimi nary Plat;<BR>6.&nbsp;Remove the name "Rodney Brown" from Oak Grove Estates Lot 3; and<BR>7.&nbsp;Pinning of the lots in accordance with Sec. 21-302.2 of the Subdivision Regulations.</P></BLOCKQUOTE> <P>Alan Button, Wakarusa Township Board Member, noted that the Township would like clarification as to when and how much of the chip and seal of E 1326 Road would be completed by Mr. McElwee. It was stated in the original agreement with Wakarusa Township and Carl McElwee, that "after substantial construction has been completed (about 70%) I agree to share the cost of upgrading E 1326 Rd to chip and seal north of my property line to N 1100 Rd.&nbsp; I agree to pay 2/3 of the reasonable cost to upgrade this stretch of road to chip and seal and the Wakarusa Township Board will bear 1/3 of the cost." Mr. Button agreed that the 70% amount stated in the agreement would be of the original "9" lots the project started with. That would mean when "6" lots have "substantial construction" completed on them. Johnson made a motion to approve PF-02-01-03 for Oak Grove Estates.&nbsp; Jones seconded and the motion carried unanimously.</P> <P><STRONG>RURAL WATER DISTRICTS 04-16-03</STRONG><BR>The Board conducted a public hearing regarding the Petition for Attachment of Land to Rural Water District #4. John Nitcher, attorney, presented the Board with information regarding the Water District. He explained that there were 120 tracks of land that were not in the district, 108 of which have water meters.&nbsp; K.S.A. 19- 270, states "the board shall receive testimony from the city, township, county or regional planning commission having jurisdiction over any of the affected land area."&nbsp; Jones interpreted that to mean that the County shall receive testimony from the Lawrence-Douglas County Metropolitan Planning Commission. Linda Finger, Director of the Lawrence-Douglas County Metropolitan Planning Depart ment, was present and advised the Board that the Planning Commission would like to be given a chance to comment and would address it at their next meeting.&nbsp; No action was taken at this time.</P> <P>Jones left the meeting at 7:20 p.m.</P> <P><STRONG>RESOLUTIONS 04-16-03<BR></STRONG>The Board considered approval of a resolution authorizing the continued offering for sale of General Obligation Sales Refunding Bonds, Series 2003-A and General Obligation Refunding Bonds, Series 2003-B, of Douglas County, Kansas. Johnson made a motion to approve Resolution No. 03-11.&nbsp; McElhaney seconded and the motion carried.</P> <P><STRONG>ACCOUNTS PAYABLE 04-16-03</STRONG><BR>McElhaney moved approval of accounts payable manual checks in the amount of $7,309.76.&nbsp; Johnson seconded and the motion carried.</P> <P>Johnson moved for adjournment.&nbsp; McElhaney seconded and the motion carried.</P> <P>____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member</P>

<P>Chairman Johnson called the meeting to order at 6:37 P.M. on Wednesday, April 23, 2003.&nbsp; All members were present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 04-23-03</STRONG><BR>McElhaney moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order No. 5133. Order is on file in the office of the County Clerk;</LI> <LI>Note receipt of fee reports for the month of March 2003;</LI> <LI>Approve Proclamation proclaiming the week of November 11-15, 2003 as "National Hunger &amp; Homelessness Awareness Week"; and</LI> <LI>Approve Resolution No. 03-12 authorizing and approving the extension of maturity of $400,000 principal amount of temporary notes, Series 2002-1, of Douglas County, Kansas; and making certain covenants and agreements in connection therewith.</LI></UL> <P>Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>OUT-DISTRICT COLLEGE TUITION STATEMENTS 04-23-03</STRONG><BR>Johnson moved approval of the twenty-four (24) Out-District College Tuition Statements in the amount of $142,842. Motion was seconded by Jones and carried with Johnson and Jones voting yea and McElhaney voting nay. Johnson then requested that a random audit be conducted on the statements.</P> <P><STRONG>ACCOUNTS PAYABLE 04-23-03</STRONG><BR>Jones moved approval of accounts payable in the amount of $207,933.94 to be paid 3/21/03; accounts payable manual checks in the amount of $766.00; payroll in the amount of $575,683.12; and electronic funds transfers in the amounts of $41,416.93 for FICA and $32,272.50 for KPERS to be paid 4/18/03. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>APPOINTMENTS 04-23-03</STRONG><BR>McElhaney made a motion to appoint Max Sutton, Eudora, KS, to the Douglas County Senior Services Board of Directors, which term shall expire on 12/31/04. Motion was seconded by Jones and carried unanimously. It should be noted that Mr. Sutton is filling the unexpired term of Betty Ryan who recently resigned. </P> <P><STRONG>MISCELLANEOUS 04-23-03</STRONG><BR>At 7:00 P.M. Johnson made a motion that the Board recess to go into executive session for fifteen (15) minutes with Craig Weinaug, County Administrator, to discuss possible land acquisition. Motion was seconded by McElhaney and carried unanimously. The Board returned to regular session at 7:12 P.M. No action was taken.</P> <P>Johnson moved for adjournment.&nbsp; McElhaney seconded and the motion carried.</P> <P>____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Jere McElhaney, Member</P> <P>ATTEST:</P> <P><BR>_____________________________&nbsp;_____________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member</P>

<P>Chairman Johnson called the meeting to order at 9:03 A.M. on Monday, April 28, 2003.&nbsp; All members were present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 04-28-03</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5134 and 5135. Orders are on file in the office of the County Clerk; and</LI> <LI>Find and determine that the requested annexation of approximately two (2) acres of land located at 1588 N 1400 Road will not hinder or prevent the property growth and development of the area or that of any other incorporated city located within Douglas County, all as provided by K.S.A. 15-520c.</LI></UL> <P>Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>COMMUNITY CORRECTIONS &amp; GRANTS 04-28-03</STRONG><BR>Ron Stegall, Director of Community Corrections, presented the FY2004 Commu nity Corrections Plan. Jones made a motion to approve the Community Correc tions Act Agencies Application for FY2004 Grant funds; McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>YOUTH SERVICES &amp; GRANTS 04-28-03</STRONG><BR>Pam Weigand, Director of Youth Services, presented the 7th Judicial District Juvenile Justice Authority Funding Application for FY2004. Jones moved ap proval of the grant funding application for the 7th Judicial District Juvenile Justice Authority Funding for FY2004; McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>BUDGET, MISCELLANEOUS &amp; PUBLIC WORKS 04-28-03<BR></STRONG>The Board discussed additional projects for the Capital Improvement Program. Keith Browning, Director of Public Works/County Engineer, and Pam Madl, Director of Administrative Services, were present for the discussion. Browning presented a list of additional projects to be included in the CIP in order that progress can be initiated in the near future. It was the consensus of the Board to add the following projects to the CIP:</P> <UL> <LI>Route 1055 Bridge at Gun Club (9.24N-16.00E)</LI> <LI>Route 1029 Bridge over Kansas R. (Redeck)</LI> <LI>Route 1057 resurf., 442 to K10</LI> <LI>Route 442 mill, O'L, paved shoulders from 1029 to Hwy 40</LI> <LI>Route 438 (Kasold) bridge over KTA</LI> <LI>Route 442 bridge @ Captain Creek.</LI></UL> <P><STRONG>ACCOUNTS PAYABLE 04-28-03</STRONG><BR>Jones moved approval of accounts payable in the amount of $153,295.19 to be paid 4/28/03. Motion was seconded by McElhaney and carried unanimously.</P> <P>Johnson moved for adjournment.&nbsp; McElhaney seconded and the motion carried.</P> <P>____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member</P>

<P>Johnson called meeting to order at 6:37 P.M. on Wednesday, April 30, 2003. All members were present. The Pledge of Allegiance was recited.</P> <P><STRONG>PROCLAMATION 04-30-03</STRONG><BR>Johnson read a proclamation proclaiming the month of May as "Mental Health Month." Johnson then made a motion to adopt the proclamation as read, sec onded by Jones and carried unanimously.</P> <P><STRONG>CONSENT AGENDA 04-30-03</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order No. 5136. Order is on file in the office of the County Clerk; </LI> <LI>Resolution No. 03-13 authorizing and providing for the sale, issuance and delivery of $8,175,000 principal amount of General Obligation Sales Tax Refunding Bonds, Series 2003-A, of the Douglas County, Kansas, for the purpose of providing funds to refund a portion of the issuer's outstanding General Obligation Sales Bonds and Notes; providing for the levy and collection of an annual tax for the purpose of paying the principal of and interest on said bonds as they become due; making certain covenants and agreements to provide for the payment and security thereof and authorizing certain other documents and actions connected therewith; and</LI> <LI>Resolution No. 03-14 authorizing and providing for the sale, issuance and delivery of $1,325,000 principal amount of General Obligation Refunding Bonds, Series 2003-B, of the Douglas County, Kansas, for the purpose of providing funds to refund a portion of the issuer's outstanding General Obligation Bonds; providing for the levy and collection of an annual tax for the purpose of paying the principal of and interest on said bonds as they become due; making certain covenants and agreements to provide for the payment and security thereof and authorizing certain other documents and actions con nected therewith.</LI></UL> <P>Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>PLANNING 04-30-03</STRONG><BR>The Board considered SP-03-20-03: Site Plan Review for Steve's Place Recep tion and Meeting Hall (Great Plains Printing), a site plan for the conversion of an existing structure (formerly a printing facility) for a reception hall generally located on the southwest corner of 31st and Louisiana Streets specifically located at 111 E 1400 Road. Submitted by BG Consultants for Steven and Helen Meseraull, property owners of record. Sandra Day, staff member of the Lawrence-Douglas County Metropolitan Planning Department, recommended denial of the Site Plan and provided the following Staff Review:</P> <P>The subject property is located on the southwest corner of Louisiana and 31stStreet. The property is developed as a printing facility known as Meseraull Printing (now doing business as Great Plains Printing). A site plan was approved in September 2000 for a 4,320 SF building addition. It is the recent building addition that would be used for the meeting/reception hall. As part of the previ ous approval, an agreement to annex was executed that indicated annexation would occur upon water utility service being available. There are two significant issues associated with this proposed application; access to 31st Street and minimum potable water requirements to address the intensification of use. If approved the maximum occupancy of the reception hall could exceed 400 people according to both City and County building code requirements. This is a significant intensification of activity for the site.</P> <P>Section 19A-5 of the County Zoning Resolution establishes the minimum requirements or conditions of approval to consider site plans in the county. The Resolution states:</P> <P>"Before making a report to the Board of County Commissioners, the planning staff shall first find that the following conditions have been met;</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>1. That the proposed use is a permitted use in the district in which the property is located;<BR>2. That the proposed arrangement of buildings, off-street parking, access, lighting, landscaping, and drainage is compatible with adjacent land uses;<BR>3. That 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 as well;<BR>4. That the site plan provides for the safe movement of pedestrians within the site;<BR>5. That there is a sufficient mixture of grass, trees, and shrubs within the interior and perimeter (including public right-of-way) of the site so that the proposed development will be in harmony with adjacent land uses and will provide a pleasing appearance to the public. Any part of the site plan area not used for building, structures, parking or access ways shall be land scaped with a mixture of grass, trees, and shrubs; and<BR>6. That all outdoor trash areas are screened."</P></BLOCKQUOTE> <P>This report provides a response to the above criterion as well as an overview comparison of the applicable county and city development requirements. Typi cally this section is not discussed in detail except in unique circumstances or to demonstrate non-compliance or inconsistency with this section. Section 20-1428 of the City Zoning Code provides comparable language but includes more detailed development standards.</P> <P><STRONG>Zoning and Existing Development</STRONG><BR>The subject property is zoned B-2 (General Business District) which permits a variety of commercial uses. Existing development includes the recent building addition in 2000, which is currently vacant as well as a printing business and a detached single-family residence. The area includes a parking lot and loading dock as well as a driveway around the buildings. The northern portion of the field area has included in the past a fireworks sales area during the summer. The following table provides a comparison of zoning requirements for the combina tion of existing land uses by City and County zoning regulations as well as minimum parking standards. The proposed site plan has been revised to include a parking schedule and impervious site summary for reference.</P> <P>The site is accessed by an existing driveway to E 1400 Road (Louisiana ex tended south). Access to this site has been affected by access controls estab lished by KDOT for the South Lawrence Trafficway. Access to 31st Street is prohibited except for the far west 111' along the state owned right-of-way. Ultimately Louisiana will be offset to the west and access to the subject property will require a new orientation.</P> <P> <TABLE borderColor=black cellSpacing=0 cellPadding=0 border=1> <TBODY> <TR> <TD style="WIDTH: 355px; HEIGHT: 20px" colSpan=2> <P align=center><STRONG>County Requirements</STRONG></P></TD> <TD colSpan=2> <P align=center><STRONG>City Requirements</STRONG></P></TD></TR> <TR> <TD style="WIDTH: 231px; HEIGHT: 20px">Use</TD> <TD style="WIDTH: 156px; HEIGHT: 20px">Zoning District</TD> <TD style="WIDTH: 85px; HEIGHT: 20px">Use</TD> <TD style="WIDTH: 300px; HEIGHT: 20px">Zoning District</TD></TR> <TR> <TD style="WIDTH: 231px" rowSpan=2>Residential/Printing/<BR>Reception Hall Use</TD> <TD style="WIDTH: 156px" rowSpan=2>B-2 (General<BR>Business District)</TD> <TD style="WIDTH: 85px" rowSpan=2> <P>Printing operation</P> <P>Reception Hall</P></TD> <TD>C-3 (Central Commercial District)<BR>or C-4 (General Commercial District)</TD></TR> <TR> <TD style="WIDTH: 231px; HEIGHT: 20px">C-2 (Neighborhood Shopping District), C-3, C-4 or C-5 (Limited<BR>Commercial District)</TD></TR> <TR> <TD style="WIDTH: 231px; HEIGHT: 20px">Parking Requirement</TD> <TD style="WIDTH: 300px; HEIGHT: 20px">1 space per 100 SF</TD> <TD style="WIDTH: 300px; HEIGHT: 20px">Parking Requirements</TD> <TD style="WIDTH: 300px; HEIGHT: 20px">1/100 or 1/3 occupancy whichever<BR>is larger</TD></TR></TBODY></TABLE></P> <P>The minimum zoning and parking standards are similar between the County and City zoning requirements. Upon annexation the existing land uses would not all be considered appropriate for the same zoning district. Single-family uses are not recommended in commercial districts. Additionally, the printing operation would require a more intensive city zoning designation than the reception hall use upon annexation.</P> <P>The proposed use will not alter the current building arrangement, but will affect the current land use and parking configuration and especially the intensity of land use (emphasis added). For the majority of the time the reception hall use will not overlap with the printing operation. The allowable intensity based on building codes could result in large events that exceed 400 people (by City or County code).</P> <P>Sufficient parking in terms of amount can be provided on site. At the maximum allowable occupancy, additional parking would be required. This would require expansion of the parking lot area to a minimum standard. Parking lot design and signage are required to separate traffic from the printing/loading areas of the existing development. This issue of vehicular separation and on site signage must be addressed regardless of annexation of the property The internal circula tion pattern must be clearly defined. The site plan has been revised to show sign locations to accommodate this requirement. This issue is a prevailing concern since all access must come through the site from the east.</P> <P><STRONG>Access<BR></STRONG>Two access issues must be further clarified, the internal access pattern as previously discussed and the direct access to the adjacent street network. Currently, access is still taken from Louisiana Street via a gravel driveway. This driveway access is intended to remain until such time as adjacent street im provements are made. The Louisiana access driveway will then be removed and a new access point to 31st Street will be provided. As the access is reoriented to the west the reception hall traffic should not impact the printing activities. Long term, the applicant may wish to provide separate drives around the site and use specific signage to denote printing operation traffic/access routes from the other uses on site.</P> <P>31st Street access: Much of the surrounding area of the subject property is right- of-way purchased by the Kansas Department of Transportation for the eastern leg of the South Lawrence Trafficway. Agreements between the property owner and KDOT were made stating access to the site would be from the SLT/31st Street and that the connection to Louisiana would be removed. The site plan shows graphically that portion of the periphery of the lot that is encumbered by access control restrictions. </P> <P>Although a location for the eastern leg of the SLT alignment is uncertain at this time, the need for significant street improvements to 31st Street have been studied and are readily apparent. 31st Street is designated as a principal arterial street in the recently adopted Major Thoroughfares Map. Improvements to 31stStreet are needed before the redevelopment of this site to support a more intensive use. Staff d&#160;s not recommend the intensification of land use prior to the provision of adequate public facility improvements to the surrounding street network to accommodate anticipated traffic generated by the proposed use.</P> <P>Access for this property to 31st Street was established by KDOT along the west property line and would result in a direct access point to an arterial street. Direct curb cuts to arterial streets are not recommended as a best planning practice. The site plan was revised following a meeting with the applicant and staff to discuss access options. The revised site plan now includes a proposed access easement along the far west property line. The dedication of the easement will be recorded by separate instrument if approved and will provide the basis for a shared access to 31st Street with the adjacent property to the west. The access easement is structured to provide a collector street type access option with the dedication of comparable easement or right-of-way upon development of the adjacent property. Any access to 31st Street should comply with minimum access management policies effective at the time and should also include a setback from the "intersection" of 350' if ultimately dedicated as a public street. The site plan anticipates that the parking lot will be reconfigured to utilize the access easement, but d&#160;s not include the exact point of intersection.</P> <P>Louisiana Street Access: The possible/proposed realignment of Louisiana and 31st Street will result in the removal of the current driveway access to Louisiana. Staff d&#160;s not endorse direct access of individual properties to an arterial street (31st Street). The 2000 staff report suggested that ultimately a public street should be constructed along the west property line that would serve the subject property and the adjacent property to the west. The offset of Louisiana would be further to the west of the subject property, requiring additional east/west cross access easements. This issue will be further considered with the submission of a subdivision plat for this property and the surrounding area. Access to Louisiana may remain until such time as the SLT project progresses. The site plan has been revised to show a conceptual access to 31st Street including a public access easement to be dedicated. This easement is expected to serve the subject property and the adjacent property when it is developed.</P> <P>The City Limits are located northeast of this site and development pressures are being experienced along 31st Street between Louisiana (E 1400) and Iowa. The subject property is located within the urban growth boundary of the City of Lawrence. The home improvement development application containing Home Depot was approved and is nearing completion west of this site and on the north side of 31st Street. With the development pressures along 31st Street and, the proximity of this site to the City Limit boundaries, this property should be an nexed into the City of Lawrence. Staff recommends that any new development or intensification of the site should be constructed to minimum City standards.</P> <P>Parking lot design and landscape requirements: The County zoning regulations require a minimum parking ratio of 1 off-street parking space per 100 SF as noted in the summary of the staff report, adequate parking is provided on site for all uses and could reasonably be expanded to accommodate an event in excess of 400 patrons. The site plan has been revised to incorporate additional notes to clarify parking drives throughout the site and to separate the loading dock access from the general internal circulation of the site. This will improve the safety and convenience of parking on site. It d&#160;s not appear that the loading area is intensively or frequently used but is not currently well signed to prohibit unautho rized access.</P> <P>A service access to the proposed reception hall is shown on the site plan. The plan notes that parking stalls will be denoted by both paint and bumper blocks. Staff discussed the minimum city requirements with the applicant at some point in the future with regard to pavement, curbs and gutters, and landscape islands. The proposed parking lot design is intended to accommodate these future improvements. Staff recommends that prior to approval the site be annexed, rezoned and platted into the City of Lawrence and that the site is improved to minimum city standards.</P> <P>Section 19A-4 of the County Zoning Resolution requires that a landscape schedule be shown and Section 19A-5 (5) requires that there be provided on site a "sufficient mixture of grass, trees and shrubs within the interior and perimeter of the site so that the proposed development will be in harmony with adjacent land uses and will provide a pleasing appearance to the public." City Zoning requires that in addition to the documentation requirements and the required ground cover of any unimproved portion of property that a site plan comply with specific landscape standards. These include interior landscape islands, shade trees, street trees, etc. Currently the surrounding character of the adjacent properties is agricultural and thus landscaping is not a significant issue at this time. Ultimately shade trees, interior and peripheral landscaping will be required within the parking lot and throughout the site to screen the use and the parking lot from public streets and future development.</P> <P>Pedestrian access: The site is not designed with a significant pedestrian ele ment. Ultimately the 31st Street improvement project will include public sidewalks on both sides. The site is not immediately adjacent to any other existing develop ment. The plan d&#160;s not contemplate any outdoor patio areas that necessitate pedestrian access. There is no integration of the site with the adjacent roadway network that includes a pedestrian element.</P> <P><STRONG>Public Utilities</STRONG><BR>Sanitary Sewer: The site is currently developed and served by City sewer. According to the City's development policy, any property utilizing City services should be annexed into the City limits. An annexation agreement was executed with the approval of the building addition in 2000 that established the timing of annexation upon the availability of municipal water. </P> <P>Existing Water Source: The property currently utilizes well water as the non- potable water sources for all buildings on the site. State law states that compli ance with state and local drinking water standards must be met when 25 or more customers/employees/residents are provided service for 60 or more days a year. Staff recommends that the use be annexed into the city and that a public supply of water be provided to this site. In staff's opinion, the proposed intensification of use will result in excess of this requirement.</P> <P>Municipal Water: The Municipal Utilities Department has stated that the exten sion of water to this site would be difficult at this time because of the distance, lack of planning for the infrastructure extension, and that it would result in a dead-end line that poses water quality deterioration. According to the City's development policy, the developer would need to pay for the extension of the water lines. A line would need to be extended south along Louisiana and then extended to the west to provide a looped system. This improvement is not immediately planned.</P> <P>Chapter Four of Horizon 2020 is entitled Growth Management. The opening paragraphs state "The growth management policies seek to ensure that ade quate facilities and services are provided, or are assured, in connection with development. The policies also continue to require new development to bear its share of the costs for the extension and improvement of required facilities and services; and, to assure that the residents of Lawrence and unincorporated Douglas County are not unreasonably burdened by these costs." The developer should therefore pay for the extension of the water and develop the site to City standards. The proposed intensification of the site d&#160;s not comply with the growth management policies of Horizon 2020.</P> <P>The site plan includes a note that states potable water is supplied via bottled water for all uses on the site. Both the local and state health departments have commented on this concern. Staff d&#160;s not recommend this type of water source as a feasible or prudent alternative.</P> <P><STRONG>Annexation Requirements</STRONG><BR>In Chapter Four under the heading City of Lawrence Urban Growth Area, it is stated that land within the City of Lawrence Urban Growth Area (UGA) is encour aged to be annexed and developed in the City of Lawrence over the planning period, subject to the goals and policies for Growth Management. This property is located within the UGA and should be annexed prior to additional develop ment/intensification of land use. Horizon 2020 also states that non-contiguous parcels of land may be developed subject to the policies of the Comprehensive Plan and upon agreement by the property owner to annexation at the time the land becomes contiguous to the City. As a condition of approval, an agreement not to protest annexation was executed for the subject property per the approval of SP-06-44-00. It was noted in the 2000 staff report that the proposed use did not comply with the recommendations in Horizon 2020 regarding growth man agement and specifically stated:</P> <P>Policy 1.2.3 (d) Nonresidential Land Uses in Chapter Four states that developments within the Urban Growth Area need to be platted. This is consistent with development requirements within the City Limits.</P> <P>The Site Plan, as proposed, is not in conformance with the Goals and Policies established in Chapter Four -- Growth Management.</P> <P>In Chapter Seven -- Industrial and Employment-Related Land Use, under the heading Unincorporated Douglas County, the Comprehensive Plan states "With the exception of the industrial area adjacent to North Law rence, all other industrial areas are within the City of Lawrence urban growth area illustrated in Figure 9 and should be annexed into the City in the future." This statement, in conjunction with the previous Horizon 2020 references, supports Staff's position that this site should be annexed into the City of Lawrence prior to any additional development or redevelop ment.</P> <P>The Goals and Policies in Chapter Seven relate to development standards for industrial sites and are achieved generally when sites are developed to City standards.</P> <P>Summary and Conclusion<BR>The applicant has revised the site plan to provide additional detail regarding access and to clarify several elements regarding the existing and anticipated land use and site improvements. However, the critical issue is not site layout but one of timing of the use and balancing the intensity of the use with the ability to provide the minimum public infrastructure and service. The proposed use is premature as the allowable intensity exceeds the ability to provide adequate public facilities. </P> <P>Steve Meseraull, property owner, made a brief presentation regarding his request.</P> <P>After discussion, Johnson made a motion to approve SP-03-20-03 subject to the following condition:</P> <P>Inspection and compliance with County building codes.</P> <P>Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>EXTENSION OFFICE 04-30-03</STRONG><BR>Trudy Rice, Director of the Extension Office, and Bill Wood, Agriculture Agent, presented a report on Rural Urban Issues. No action was taken.</P> <P><STRONG>MISCELLANEOUS 04-30-03<BR></STRONG>The Board discussed possible County funding for school nursing services. Jones made a brief presentation reflecting the current fiscal situations and recom mended that the Commission consider establishing a study group consisting of representatives from the schools in Douglas County; Kay Kent, Director of the Lawrence-Douglas County Health Department; a member of the Health Board, and Craig Weinaug, County Administrator, to consider the following mecha nisms:</P> <UL> <LI>simple pass-through (per student basis)</LI> <LI>all nursing through the Health Department</LI> <LI>"Public health" nursing through the Health Department</LI></UL> <P>and to make a recommendation to the County Commission in a 6 month time frame. The Board then accepted public comment. Several members of the public submitted input. The Board then closed public comment. McElhaney stated that he would like to take some time to study the information presented. Johnson stated that he didn't have a problem with the study. It was the consensus of the Board to table further discussion until a later date. No action was taken.</P> <P><STRONG>AGREEMENTS &amp; BYPASS 04-30-03<BR></STRONG>Johnson presented a Memorandum of Agreement among the U.S. Army Corps of Engineers, Kansas City District; Kansas State Historic Preservation Officer; Kansas Department of Transportation; Baker University; Douglas County, Kansas; and Advisory Council on Historic Preservation regarding the Kansas Highway 10 Bypass (South Lawrence Trafficway) in Douglas County, Kansas. Johnson noted changes made in comparison with the Draft Memorandum of Agreement. McElhaney made a motion to authorize the Chair to execute the Memorandum of Agreement; Johnson seconded and the motion carried with Jones opposed. </P> <P>Johnson moved for adjournment. McElhaney seconded and the motion carried.</P> <P>____________________________ _____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member</P>

<P>Johnson called meeting to order at 6:37 P.M. on Wednesday, May 14, 2003.&nbsp; All members were present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 05-14-03</STRONG><BR>There were no consent items.</P> <P><STRONG>EMERGENCY MANAGEMENT 05-14-03</STRONG><BR>Paula Phillips, Director of Emergency Management, updated the Board on demolition and clean-up activities from the May 8, 2003 tornado. McElhaney requested an update on the number of homes damaged. The Board commended Phillips, staff and volunteers for their service.</P> <P><STRONG>PLANNING 05-14-03</STRONG><BR>The Board considered Item No. 6 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated April 23, 2003. This item is CUP-03-02-03: Conditional Use Permit request for topsoil removal. The property is generally located at the east end of N 1600 Road. Submitted by Landplan Engineering, P.A. for Pine Family Investments, LC, property owners 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 recommendation for approval valid for a period of five (5) years from the date of approval by the Board of County Commissioners. Extension of the CUP for an additional period of time to be considered by the Board of County Commission ers, based upon the following Findings of Fact:</P> <P>Zoning and uses of property nearby. The surrounding property, in all direc tions, is used primarily for agricultural purposes. Scattered rural residential uses are located along County roads east and southwest.</P> <P>Character of the area. As noted above, the subject property is zoned for agricultural use. The suitability of the subject property for its current use will be altered by the approval of a CUP. However, without property conservation practices, removal of topsoil could impact the ability of the property to be used for future agricultural activities. The "undeveloped" nature of the surrounding area contributes to the suitability of the agricultural character of the area.</P> <P>Extent to which removal of restrictions will detrimentally affect nearby property. Detrimental impacts can result from excessive removal or exposure of soil without necessary erosion control practices. The applicant has voluntarily developed a topsoil removal plan with the Department of Natural Resources to minimize any negative impacts.</P> <P>Length of time subject property has remained vacant as zoned. The subject property is currently unimproved and is used for agricultural purposes. The property has been zoned for agricultural purposes since the adoption of the County Zoning Regulations in 1966.</P> <P>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 subject property is located in a relatively undeveloped area. Access to the property is provided from the south via N 1600 Road. Denial of the proposed use will not prohibit the property owner from use of the land for various allowed uses under the current A (Agricultural District) zoning restrictions. No significant gains are anticipated for the public health, safety or welfare that would result from the denial of the CUP for topsoil removal.</P> <P>Conformance with the Comprehensive Plan. Horizon 2020 d&#160;s not directly address the issue of special or conditional uses. The plan provides basic guidance regarding major infrastructure improvements and major land use categories. The subject property is located within the long-term urban growth area. Future urban development would depend on the availability of major urban infrastructure.</P> <P>Johnson made a motion to approve CUP-03-02-03 for a period of five (5) years with the extension of the CUP for an additional period of time to be considered by the Board of County Commissioners, based upon the above Findings of Fact. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PLANNING 05-14-03</STRONG><BR>The Board discussed item No. 4 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated February 26, 2003. This item is CUP- 12-16-02: Conditional Use Permit request for Eudora Quarry #68. The property is generally described as being located at the northwest corner of N 1200 Road and E 2400 Road. Requested by N.R. Hamm Quarry, Inc. for Katherine L. Neis, property owner of record. Patty Jaimes, County Clerk, advised the Board that a protest petition had been filed but its validity was under question due to some legal issues that need to be addressed. Brian Pedrotti, staff member of the Lawrence-Douglas County Metropolitan Planning Department, was present for the discussion. The Board asked that Pedrotti organize a meeting consisting of Patty Jaimes, County Clerk; Evan Ice, County Counselor; Dan Watkins, attorney for the applicant; and Adra Burks, attorney for Arthur Neis, to determine the validity of the petition. Jones made a motion to open the public hearing asking that Pedrotti present the item, then continue the hearing until Wednesday, May 21, 2003, noting that the Board will accept written communication until that time. Motion was seconded by McElhaney and carried unanimously. Pedrotti then presented the item. After Pedrotti's presentation, Jones moved for continuance of the public hearing to be held on Wednesday, May 21, 2003. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>TOWNSHIPS &amp; APPOINTMENTS 05-14-03</STRONG><BR>McElhaney noted the resignation of Allen Button, Treasurer of Wakarusa Township. No action was taken at this time.</P> <P>Jones moved for adjournment.&nbsp; McElhaney seconded and the motion carried.</P> <P>____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member</P>

<P>Johnson called meeting to order at 9:01 A.M. on Monday, May 19, 2003.&nbsp; All members were present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 05-12-03</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order No. 5139. Order is on file in the office of the County Clerk.</LI></UL> <P>Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>PLANNING 05-19-03</STRONG><BR>The Board considered SP-04-23-03: Spec Warehouse -- First Management, a site plan for the development of an 80' X 120' industrial warehouse building with an outdoor storage area, located at Maple Grove North No. 3, Lot 3, at the end of an industrial cul-de-sac accessed from Highway 24./59. Submitted by Paul Werner Architects, agent for First Management, property owner of record. Paul Patterson, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented this item. </P> <P><STRONG>Staff Review<BR></STRONG>The applicant proposes to develop a speculative 80' X 120' warehouse building in an I-2 (Light Industrial) zoning district. The existing 4.448 acre property is vacant and is described as Maple Grove North, Lot 3, a county plat located between two pieces of incorporated (City of Lawrence) land.</P> <P>Access to the lot is from the end of an existing cul-de-sac located on the east side of Highway 24/59, approximately 600' north of Highway 24/40 (just north of the Maple Grove Cemetery).</P> <P><STRONG>Future Use<BR></STRONG>This is a speculative industrial warehouse building with a ground floor area of 9,600 square feet and a 2nd floor mezzanine of 2,000 square feet. The site plan also shows an outside storage area (approximately 100' X 248') developed with a proposed ground cover of 4" gravel and secured with a 6' chain link fence.</P> <P>The site plan states the use of the property to be a contractor's shop and storage yard. If other I-2 (Light Industrial) permitted uses are proposed, parking may need to be further evaluated.</P> <P><STRONG>&#160;Floodplain</STRONG><BR>Portions of Lots 2-5 of the Final Plat of North Maple No. 3 are located within the 100 year floodplain as shown on the adopted Federal Emergency Management Administration's floodplain map that became effective on November 7, 2001. Lot 3 is entirely within the Flood Zone AE, base flood elevations determined, special flood hazard areas inundated by 100 year flood. The applicant will need to obtain a floodplain development permit from the Douglas County Zoning &amp; Codes Division, prior to any alteration, encroachment or substantial improvement to the existing property per Douglas County Code Article 28.</P> <P>The site plan map notes the 100 year floodplain base elevation, as set on the FEMA map, is 823.9 feet for this area. The county regulations require develop ment to be elevated a minimum of one foot above the base flood elevation. The site plan indicates a recommended elevation that is two feet above the base flood (site plan notes the minimum floor elevation of 824.9 feet, and the sug gested floor elevation of 825.9 feet).</P> <P><STRONG>Septic System</STRONG><BR>The applicant has indicated the owner will provide a septic system with the proposed site plan. A septic system construction permit must be approved by the Douglas County Health Department prior to release of the site plan for building permits, and the location of the approved septic field must be shown on the site plan. No portion of the septic field should overlap a driveway, paving surface, or utility easement.</P> <P><STRONG>Access</STRONG><BR>This property is accessed at the end of a privately built and privately maintained cul-de-sac, which is located within a 70' wide access/utility easement as ap proved on the Final Plat of Maple Grove North No. 3. A note regarding the construction and maintenance of the shared drive as required on the final plat is provided on the face of the site plan.</P> <P><STRONG>Building Setback</STRONG><BR>In an I-2 (Light Industrial) zoning district, the required setbacks are 25' front yard, 10' side yard, and 20' rear yard. The proposed building meets the minimum building setbacks for this property.</P> <P dir=ltr><STRONG>Air Space Control Area District</STRONG><BR>The property is located in close proximity to the Lawrence Municipal Airport and is within the air space control area district. Per Section 20-1106 of the Lawrence Zoning Ordinance, no use shall be made of land within any Air Space Control Area District which:</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>(a)&nbsp;Creates electrical interference with radio communications between the airport and aircraft including radio and television transmitting towers or studios, and large radiation or x-ray equipment.<BR>(b)&nbsp;Includes above ground storage of petroleum or any other explosive material.<BR>(c)&nbsp;Emits smoke or odor.<BR>(d)&nbsp;Contains lights or signal which may be confused with airport naviga tional lights.<BR>(e)&nbsp;Results in glare to pilots approaching, leaving or circling the airport or which impairs visibility in the district.<BR>(f)&nbsp;Provides private airfields or runways for the use of aircraft other than those used in the principal airport in the district.<BR>(g)&nbsp;Otherwise endangers the landing, taking-off, or maneuvering of air craft.</P></BLOCKQUOTE> <P>Section 20-1110 Conflicting Regulations, of the Lawrence Zoning Ordinance, states:</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>In the event of conflict between the Air Space Control Area District regula tions and any other regulations applicable to the same area, whether the conflict be with respect to the height of structures or trees, use of land, or any other matter, and whether such other regulations were adopted by the City of Lawrence or any other unit of local government, the more stringent limitation or requirements as to airport hazards shall govern and prevail.</P></BLOCKQUOTE> <P>A condition should be required that the use of the property shall not interfere with the operation of the Lawrence Municipal Airport per Section 20-1106 of the Lawrence Zoning Ordinance.</P> <P>All exterior lighting will need to be shielded down so as not to result in glare to pilots using the nearby airport.</P> <P><STRONG>Staff Recommendation</STRONG><BR>Staff recommends approval of the proposed site plan subject to the following conditions:</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>1.&nbsp;Approval of a septic system construction permit prior to release of the site plan for building permits. Any approved septic fields shall be shown on the site plan and may not encroach on driveway, parking, storage areas, or utility easements.<BR>2.&nbsp;Provide a note on the face of the site plan that indicates:<BR>&nbsp;&nbsp;&nbsp;&nbsp;a)&nbsp;The use of the property shall not interfere with the operation of the Lawrence Municipal Airport per Section 20-1106 of the Lawrence Zoning Ordinance.<BR>&nbsp;&nbsp;&nbsp;&nbsp;b)&nbsp;All exterior lighting will need to be shielded down so as not to result in glare to pilots using the nearby airport.<BR>3.&nbsp;The applicant will need to obtain a floodplain development permit from the Douglas County Zoning &amp; Codes Division, prior to any alteration, encroachment or substantial improvement to the existing property per Douglas County Code Article 28.</P></BLOCKQUOTE> <P>Jones noted concerns regarding septic systems in the floodplain. McElhaney stated that the site plan follows the Guidelines. </P> <P>McElhaney made a motion to approve SP-04-23-03 subject to the above condi tions. Motion was seconded by Johnson and carried with Jones voting nay.</P> <P><STRONG>PLANNING 05-19-03</STRONG><BR>The Board then considered SP-04-22-03: Kaw Valley Motors, a site plan for documentation of existing conditions for commercial building located at 1787 E 1450 Road as an existing non-conforming use. Submitted by Kevin Raasch, applicant, Kaw Valley Metals, Inc., LLC., property owner of record. Sandra Day, staff member of the Lawrence-Douglas County Metropolitan Planning Depart ment, presented this item. </P> <P><STRONG>Staff Review</STRONG><BR>The intent and purpose of this site plan is to document the existing non-conform ing uses of a developed site. The site is an existing industrial property and will be reused as a salvage/towing and storage facility under a new operator.</P> <P>The subject property is located in Douglas County north of the Lawrence city limits along the west side of E 1450 Road (Highway 59/40). The property abuts the Union Pacific Railroad right-of-way along the west property line. The property is an existing 12.29-acre industrial property that was not previously site planned. The subject property is located in Service Area 2 of the City's Urban Growth Area. The applicant is relocating a current salvage operation to an existing industrially zoned property. The purpose of this site plan is to document the existing commercial activity of the property. The site has previously been used for the same purpose and is known as an existing non-conforming use. A building permit will be required for interior remodel of the primary structure (Building 2) thus necessitating a site plan for the property.</P> <P><STRONG>Zoning and Existing Development</STRONG><BR>The subject property is zoned I-2 (Light Industrial District) which permits a variety of land uses. The site includes multiple structures and a large exterior storage area. The site has previously been used for an automotive related storage/salvage use. Ownership has changed for the business operation, but the property owner of record has not. Therefore, a Conditional Use Permit was determined by the County Zoning Code Administrator to not be necessary. Any significant changes in the future of this property and/or operation of use may result in a re-evaluation of that requirement.</P> <P>The subject property is developed with several detached buildings some of which are vacant. The primary activity will occur in Buildings 1 and 2. Building 1 is an accessory/storage building. The applicant has stated that this building will be demolished and reconstructed in the future. It should be noted that as the property is encumbered by the regulatory floodplain, building additions and/or reconstruction will require approval of a floodplain development permit. A building permit will be required from the County at that time unless otherwise annexed. Renovations and improvements to the site must meet minimum County Zoning and Building Code requirements. Additionally, there is an existing single- family residence located at the south end of the property. This structure has been designated unsafe and has been identified for demolition. Staff recom mends, as a condition of approval, the single-family home be demolished prior to release of the site plan for issuance of county building permits. The applicant should be advised if additional uses are added to the property that intensify activities, annexation is a likely recommendation.</P> <P>The subject property is also encumbered by regulatory floodplain. The rear portion of the lot will be used for exterior storage and must be screened. The site plan has been revised to note that no portion of the regulatory floodplain shall be used for exterior storage. Minimum fencing is recommended around the open storage area. Additionally, any exterior parking areas must be screened from public view.</P> <P>Staff noted in the review comments the building setback is not correctly shown on the face of the site plan. Staff recommends this element be revised per staff approval. The proposed site plan d&#160;s not alter the location of the pavement or buildings as they currently exist. Upon annexation into the City of Lawrence, the site would not comply with the minimum setback and city zoning regulations regarding parking lot design. This information is provided for reference. Any future site plan revisions to the site should include modifications that address zoning compliance.</P> <P><STRONG>Access</STRONG><BR>The subject property is accessed via four (4) existing curb cuts to E 1450 Road (US Highway 59/40). The site plan d&#160;s not propose to modify the existing entrances. Any changes to the driveways will require KDOT approval. The parking lot arrangement has been slightly revised to remove parking stalls that conflicted with the access way and driveways to the site. The site plan provides the minimum required parking for all uses (proposed as well as vacant buildings) located along the north side of Building 2. This parking is not centrally or conve niently located to the other buildings. Any reuse/redevelopment of other buildings should include revised parking to provide better access and convenience within the site as part of any future site plan changes.</P> <P><STRONG>Public Utilities</STRONG><BR>The site is not served by either municipal water or sanitary sewer services. Two water wells are located on site within Building 2 and Building 5. Municipal water is located along the east side of E 1450 Road, but d&#160;s not touch the subject property. Sanitary sewer is located at the south end of the subject property, but would require additional review and approval for extension of service. Addition ally, the property would be required to be annexed prior to provision of municipal services. The site plan has been revised to show the estimated location of two existing on-site sewage disposal systems. The County Health Department indicated that the existing septic system will need to be evaluated and is a recommended condition of approval.</P> <P><STRONG>Staff Recommendation</STRONG><BR>Staff recommends approval of the site plan subject to the following conditions:</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>1.&nbsp;Proof of demolition of the existing single-family home prior to release of the site plan for issuance of County building permits;<BR>2.&nbsp;Provision of a revised site plan to correctly show the front building setback per staff approval; and<BR>3.&nbsp;Examination and approval of the existing septic system by the County Health Department prior to release of the site plan for issuance of building permits.</P></BLOCKQUOTE> <P>Jones made a motion to approve SP-04-22-03 subject to the above conditions with the following additional conditions</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>4.&nbsp;The fence and groundcover shall be regularly maintained.<BR>5.&nbsp;The Health Department shall be consulted with regard to proper maintenance of existing wells.</P></BLOCKQUOTE> <P>Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>EMERGENCY MANAGEMENT 05-19-03</STRONG><BR>The Board discussed a proposal received from the Douglas County Fire Chief's Association recommending the adoption of a home rule resolution that estab lishes regulations for safe burning practices in Douglas County. Chris Lesser, Chief of the Kanwaka Township Fire Department, was present for the discussion. After review of the proposed resolution, the Board suggested various amend ments such as allowing bonfires and campfires and directed the Association to return with the revisions. No action was taken.</P> <P><STRONG>MISCELLANEOUS 05-19-03</STRONG><BR>On April 30, 2003, the Board discussed possible County funding for school nursing services deferring action until a later date. Jones had suggested that a study group consisting of representatives from the schools in Douglas County; Kay Kent, Director of the Lawrence-Douglas County Health Department; a member of the Health Board; and Craig Weinaug, County Administrator, con sider the following mechanisms:</P> <UL> <LI>simple pass-through (per student basis)</LI> <LI>all nursing through the Health Department</LI> <LI>"Public health" nursing through the Health Department</LI></UL> <P>and to make a recommendation to the County Commission in a 6 month time frame. After discussion, it was the consensus of the Board that Johnson take the lead on forming the committee with the help of Craig Weinaug.</P> <P><STRONG>ACCOUNTS PAYABLE 05-19-03</STRONG><BR>Jones moved approval of accounts payable in the amount of $119,488.45 to be paid 5/19/03; accounts payable manual checks in the amount of $766.00; payroll in the amount of $559,564.01; and electronic funds transfers in the amounts of $41,326.34 for FICA and $32,033.12 for KPERS, to be paid 5/16/03. Johnson seconded and the motion carried unanimously.</P> <P><STRONG>APPOINTMENTS &amp; TOWNSHIPS 05-19-03</STRONG><BR>McElhaney made a motion to appoint Norman Leary, 1059 E 1479 Road, Lawrence, KS as Treasurer of the Wakarusa Township Board to replace Alan Button who recently resigned. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>APPOINTMENTS &amp; PLANNING 05-19-03</STRONG><BR>Jones made a motion to reappoint Sue Pine, 1783 E 1500 Road Lawrence, KS, to the Lawrence-Douglas County Metropolitan Planning Commission for an additional 3-year term which shall expire on May 31, 2006. McElhaney seconded and the motion carried unanimously.</P> <P>Jones moved for adjournment.&nbsp; McElhaney seconded and the motion carried.</P> <P>____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member</P>

<P>Chairman Johnson called the meeting to order at 6:37 P.M. on Wednesday, May 21, 2003.&nbsp; All members were present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 05-21-03</STRONG><BR>Commissioner Jones made a motion to approve the following Consent Agenda:</P> <UL> <LI>Note receipt of fee reports for the month of April.</LI></UL> <P>Motion was seconded by Commissioner McElhaney and carried 3-0.</P> <P><STRONG>PLANNING 05-21-03 -- CUP-12-16-02: CONDITIONAL USE PERMIT FOR EUDORA QUARRY #68; NORTHWEST CORNER OF N 1200 ROAD AND E 2400 ROAD<BR></STRONG>The Board reconvened the May 14, 2003 public hearing of Item No. 4 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated 2/26/03.&nbsp; This item is CUP-12-16-02: Conditional Use Permit request for Eudora Quarry #68. The property is generally described as being located at the northwest corner of N 1200 Road and E 2400 Road.&nbsp; Requested by N. R. Hamm Quarry, Inc., for Katherine L. Neis, property owner of record.&nbsp; This item was continued in order to determine if the protest petition was valid. Craig Weinaug, County Administrator, noted that a committee consisting of Patty Jaimes, Dan Watkins, and Adra Burks met and came to the unanimous conclusion that the protest petition was valid, which necessitates a unanimous decision by the County Commission.</P> <P>Brian Pedrotti, staff member of the Lawrence-Douglas County Metropolitan Planning Department, introduced the item and noted that Staff recommended approval of the CUP, with conditions and restrictions as set forth in its February 26, 2003 Staff Report.&nbsp; Pedrotti stated that the Eudora Planning Commission and the Lawrence-Douglas County Planning Commission previously held a joint public hearing on the matter.&nbsp; The Eudora Planning Commission recommended denial of the CUP and that the Lawrence-Douglas County Planning Commission voted to recommended approval of the CUP, subject to conditions and restric tions set forth the minutes from its February 26, 2003 meeting, revised March 25, 2003.</P> <P>Dan Watkins, attorney for the applicant, presented the following requests, as set forth in his letter to the Board dated May 12, 2003, to clarify or modify the conditions and restrictions of the Lawrence-Douglas County Planning Commis sion:</P> <P>&#160;Watkins requested deletion of the prohibition of asphalt/concrete production at the site that the Planning Commission added to Section I.&nbsp; Watkins explained that omitted that prohibition would not allow Hamm Quarry to operate an as phalt/concrete plant as a matter of right, but rather would allow Hamm Quarry to request a temporary business permit at some time in the future.&nbsp; The temporary business use would be subject to whatever limitations or conditions the Board put on the permit at that time.</P> <P>Watkins requested that the last sentence in Section II be deleted and utilities be added to Section VIII.&nbsp; Watkins explained that this was not a substantive revi sion, but that it was better placed under Section VIII rather than Section II.</P> <P>Watkins requested that the terms "springs &amp; wells" be deleted from pre-blast survey requirements in Section V because they vary so much from time to time that it is difficult to determine what might have caused a change.&nbsp; Building foundations is the most common type of pre-blast survey.&nbsp; Watkins went on to discuss pre-blast surveys.</P> <P>Watkins requested deletion of the appeal to the Board contained in Article V if Hamm Quarry and neighbors cannot agree upon the extent of the pre-blast survey.&nbsp; Watkins stated that an appeal could place the Board in the position of having to hire its own expert.&nbsp; Watkins noted, however, that it was extremely unlikely that an appeal would ever be needed because Hamm Quarry would go to great lengths to satisfy neighbors.&nbsp; Watkins stated that the appeal process might provide a safeguard that protects residents from Hamm Quarry being arbitrary.</P> <P>Watkins requested amendment to the fencing requirements in Section VI.&nbsp; First, he stated that clearing vegetation to erect a fence might be counterproductive on the east of the site.&nbsp; Katherine Neis owns additional property on the west of the site and, to the extent quarrying d&#160;s not interfere, will continue to farm it in conjunction with the CUP site.&nbsp; A fence along the west edge of the site would interfere with her farming operation because it would place a fence line through the middle of a field.&nbsp; Watkins stated that an entire perimeter fence would not promote safety or security—in a lot of areas natural topography and set-backs would protect people.&nbsp; Watkins suggested adding a condition that the Board approve a fencing plan before commencement of operations.</P> <P>Watkins requested "for blasting" be deleted from Section VIII because the discharge permit in that Section referred to discharge of water, not explosives.</P> <P>Watkins requested that the performance bond requirement in Section IX be lowered from $1,000 to $600 because $600 was consistent with state law and the bond was running to the Kansas State Conservation Commission.&nbsp; A repre sentative of the State Conservation Commission couldn't explain the benefit of an additional bond.</P> <P>Watkins requested deletion of the drainage study in Section IX because it is duplicative of similar requirements that Hamm Quarry would have with other regulatory agencies and the Planning Office d&#160;s not have expertise in reviewing a drainage study.</P> <P>Watkins requested changed Section XI(e)(iii) to require that the road improve ments be completed before commencing rock extraction on the new site, rather than 24 months after the CUP is granted.&nbsp; Watkins stated that Hamm Quarry may not start rock extraction right away and tying the road improvements to rock extraction would make more sense.</P> <P>Watkins requested revision to the strobe back-up light requirement in Section XII so that strobe lights are required one-half hour before sunset, not at 5:30 p.m., for the obvious reason that in summer months it d&#160;s not get dark until much later.</P> <P>Watkins requested that the periodic review be a 5 year intervals, not 3 year intervals.&nbsp; This is consistent with other County CUPs.&nbsp; Also, Watkins requested that the review be limited to whether Hamm Quarry is complying with the CUP and that each review not be a de-facto new CUP application.</P> <P>Watkins requested that Condition 2.a, which would require the existing quarry to be subject to the CUP, be deleted because including the existing quarry would subject the rock extracted from the existing quarry to the $0.10/ton charge.&nbsp; Watkins suggested that requiring the existing quarry to be reclaimed could be added as a requirement, but it should not be included in the CUP.</P> <P>A discussion took place regarding state law reclamation requirements and it was stated that the reclamation requirements in Hamm Quarry's lease are more stringent to than state law.&nbsp; Reclaiming the existing Petefish quarry would certainly be in Hamm Quarry's best economic interests and that it had every intention of doing so.&nbsp; Marvin Zielsdorf, Site Manager for Hamm Quarry, ex plained the reclamation process—as new cuts are made, old cuts are reclaimed to reduce costs.&nbsp; He stated that he estimates 3.5 million tons of rock that can be quarried from the new site and the property will be reclaimed.&nbsp; With respect to the Petefish quarry, state law requires reclamation for cuts made after 1994, but Hamm Quarry would agree to reclaim the entire quarry without regard to when the cut was made.</P> <P>A discussion took place concerning truck routes.&nbsp; When rock is hauled to a project, the truck route is specified by the contracting agency, such as Douglas County or the City of Eudora.&nbsp; Also, it was noted that Hamm Quarry has other quarries that would likely be used for projects north of the Kansas River.</P> <P>A brief discussion took place concerning blasting.&nbsp; Explosives are only kept on site during actual operations.&nbsp; During the last 10 years, explosives have been on site for 2 four-month periods.&nbsp; When on site, the explosives are kept in a bermed magazine and are subject to ATF requirements and audits.</P> <P>Watkins stated that Hamm Quarry would agree to a requirement that it cooperate and coordinate with Eudora city and school officials regarding truck traffic on Route 1061 and would participate in solutions.&nbsp; Keith Browning, Director of Douglas County Public Works, discussed the on-going traffic studies along Route 1061.&nbsp; These issues exist regardless of Hamm Quarry truck traffic.&nbsp; Eudora has retained a consultant to make suggestions for revisions to Route 1061 as it enters the city.&nbsp; Browning stated that there are a are a number of things that can and will be done to enhance safety, such as making it more clear that the driver is entering a city such as "Welcome to Eudora" signs and street lights.&nbsp; Watkins stated that Hamm Quarry has expressed willingness to work with the City of Eudora and the school district regarding coordination of school times.</P> <P>Chairman Johnson then asked for public comment: </P> <P>Dan Hoover stated that he had never been officially notified of any hearing having to do with the CUP.&nbsp; He purchased property for the serenity and nature in the area.&nbsp; He spoke in opposition of the quarry, raising concerns about the storage of explosives and encouraged the Commission to look at fencing.&nbsp; He is worried that kids might get into the explosives.&nbsp; Also, the expanded quarry might squelch additional building in the area and cause of loss of property tax reve nues.&nbsp; He requested that the Board determine road issues now, not later; that he be listed on Hamm Quarry's insurance to make sure damage to his structure is covered by insurance; a requirement for a 1000 foot set-back from County line road and that foliage be retained; stricter restrictions on blasting hours; and a requirement to reclaim existing quarry before starting on new site.</P> <P>Bob Miller note he had looked at other quarries run by Hamm Quarry and his observation is they are not well maintained and other quarries are better main tained.</P> <P>Karen Rowland, a realtor in the area, expressed concerns about lower property valuations, traffic issues, and the effects that blasting would have on surrounding foundations.</P> <P>Bernice Staus questioned whether the rock is available at another location and whether $0.10/ton is adequate for road maintenance.&nbsp; She stated that she d&#160;s not believe that reclamation guidelines have been followed in the past and also expressed concerns about land values and that the quarry would hinder growth.</P> <P>Adra Burks, attorney for Arthur Neis, spoke in opposition to the CUP.&nbsp; She stated that there are 600 residential homes or platted lots in the area and the that Eudora would continue to develop to the south.&nbsp; She noted that there is no fence along the northern boarder of the site, between her client's property and the subject site.&nbsp; She requested Hamm Quarry to pay for a survey to determine where the 150 foot set-backs would start from.&nbsp; She requested a requirement of similar set-backs around entire site, not just 800 feet from current residences.&nbsp; Also vegetation should be added between her client's property and the new quarry site, which is currently cropland.&nbsp; She requested a fence between the quarry site and Katherine Neis's other cropland to the west, which is currently being farmed on a contiguous basis.</P> <P>Burks also discussed rock requirements and availability in the vicinity.&nbsp; Captains Creek or Stoner rock, grade 1 or 2, is considered "high grade" or "pavement quality" rock for highway paving projects.&nbsp; She questioned whether the high grade rock on the Petefish quarry exists in the new CUP area.&nbsp; She said Hamm Quarry has a lot of high grade Stoner in its Leavenworth quarry.&nbsp; Burks stated that when considering a CUP, the issue is not whether Hamm Quarry has the high grade rock, but whether the high grade rock is available to any paving contractor at all.&nbsp; Because high grade pavement rock is available to other contractors nearby, she d&#160;s not see the public good of the new quarry.</P> <P>Burks also questioned whether the $0.10/mile will adequately compensate the County for road maintenance.&nbsp; She provided estimates of receipts to the County assuming 100 trucks per day, year round.&nbsp; Commissioner Johnson asked Hamm Quarry whether the 100 trucks per day estimate was just from the new CUP site or from both the new quarry and the Petefish Quarry.&nbsp; Watkins stated that this number would be the total amount from both quarries, not 100 trucks from each quarry.&nbsp; This number of trucks would only apply during a large paving project and would not be continuous.&nbsp; It was noted that if Hamm Quarry took 100 trucks per day out of the new site six days a week, the new site would be totally mined in a few years.</P> <P>Burks questioned that explosives would be kept on the site over night at times, which she though violated applicable explosives regulations.&nbsp; She also discussed brooks and springs in the area and possible loss of water source from the expanded quarry and that there should be a way to determine how it will happen if springs run dry.&nbsp; She stated that the review period should be shorter than 5 years because of the expanding development in the area.</P> <P>&#160;Burks concluded that the extension of the quarry is not appropriate.&nbsp; If the CUP is to be granted, stringent conditions must be imposed to protect health and welfare.</P> <P>Marty Kobza, Superintendent of Eudora School District No. 491, expressed no position for or against the CUP.&nbsp; He did express traffic safety concerns.&nbsp; He stated that he is pleased with progress that has been made in working with Keith Browning concerning Route 1061.&nbsp; He asked that if the CUP is granted, the Board place guidelines for trucks using Route 1061.&nbsp; He requested that this not be left to work out later, but had no suggestion on how to do so.</P> <P>Watkins address blasting issues and concerns that opponents had raised.&nbsp; Watkins noted that there is strict liability with regard to explosives and subject to strict regulations.&nbsp; Watkins asked David Dresler, Dresler &amp; Associates, to explain how the explosives were stored in a magazine, which is fire rated and weighs about 3 tons.&nbsp; The magazine is kept in an earthen berm.&nbsp; Dresler stated that he knows of no past violations by Hamm Quarry.&nbsp; Dresler also stated that in his 10 years as a explosives consultant, he had never done a pre-blast survey on a spring.&nbsp; Blasting vibrations do not affect acquifers or ground water table; the vibrations do not cause water to fluctuate.&nbsp; State and federal regulations restrict blast vibrations and he designs blasts to comply with the regulations.&nbsp; Dresler stated that studies have shown that these regulations are sufficient to prevent damage to surrounding properties.&nbsp; Dresler knows of&nbsp; other quarries that have high pressure gas pipelines running through them and blasts are designed to prevent damage to the pipelines.</P> <P>Watkins also noted Section XI(e)(iv) of the restrictions require Hamm Quarry to supply rock and dust control along the township road during periods of quarry activity—this is in addition to the $.10/ton payment.</P> <P>Watkins noted that the property value issue is raised every time a quarry tries to locate.&nbsp; Nevertheless, people continue to build homes near quarries.&nbsp; Watkins also stated that Eudora could double in population two times before reaching the CUP site.&nbsp; If that type of growth occurs, rock from the site will be needed.</P> <P>Hamm Quarry is willing to cooperate with the Schools and Public Works on traffic control issues.&nbsp; Public Works and Eudora certainly have the authority to place speed and travel limits on Route 1061.</P> <P>Watkins was asked of reclamation on the existing quarry and opponents claims that there had been no reclamation.&nbsp; Watkins stated that Hamm Quarry is willing to be subject to a restriction that it reclaim the existing quarry within 3 years of completing operations on the Petefish quarry.</P> <P>Martin Zielsdorf, Site Manager for Hamm Quarry, spoke on behalf of the appli cant.&nbsp; He discussed operations on the current Petefish quarry.&nbsp; He expressed that opponents expressed a lot of fallicies concerning the quality of paving rocks.&nbsp; Additional discussion took place about reclaiming the Petefish quarry.</P> <P>Commissioner Jones made a motion to close the public hearing.&nbsp; Commissioner McElhaney seconded and the motion carried 3-0.</P> <P>Commissioner Jones stated that he was leaning towards granting the CUP with extensive conditions, but thought that they Board should determine whether there were three votes to grant the CUP before spending time on the conditions.</P> <P>Chairman Johnson agreed and stated he was in favor of granting the CUP.&nbsp; He stated that approval would weigh heavily on his mind if there was not an existing quarry there.&nbsp; He stated he would have a difficult time supporting a new quarry, but would support the expansion of the existing quarry.</P> <P>Commissioner Jones noted that if a residential subdivision were at the site, it would create more traffic, etc., which could increase safety risks.&nbsp; There are risks involved in all uses.&nbsp; Anytime there is change, people will protest.&nbsp; He did not see the quarry operation as being dramatically worse in terms of property values and safety than other possible uses.&nbsp; All uses have pluses and minuses.&nbsp; Agriculture is changing dramatically and there is no guarantee that the site will remain agriculture for 30 years.&nbsp; Something else is likely to happen to the property.&nbsp; A quarry with appropriate conditions is not as bad as other options.</P> <P>Commissioner McElhaney also agreed with Commissioner Jones and Chairman Johnson.&nbsp; Commissioner McElhaney stated that state law for reclamation was satisfactory to him.&nbsp; He then suggested that some of the conditions placed on the CUP, such as fencing and screening, be finalized at a later date.&nbsp; With respect to fencing, he thought that the fencing at the northwest side, where the land is cleared would be fine, but fencing should not require clearing of vegetation or interfere with an ongoing farm operations.&nbsp; He is comfortable with safety of the explosives.&nbsp; He also noted it was in compliance with Horizon 2020, which encourages redevelopment and limited expansion of existing industrial sites.</P> <P>The Board proceeded to give instructions to Planning Staff for revisions to the conditions and restrictions.&nbsp; The applicant and Burks would then have an opportunity to review and comment on the revised conditions before finalizing.&nbsp; In addition to the revisions previously discussed, the Board requested the following revisions:</P> <P>&#160;Condition 2.a.&nbsp; The granting of the CUP should not be tied to including the existing Petefish quarry in the CUP.&nbsp; However, Condition 2.a should contain a clear requirement that Hamm reclaim the existing Petefish quarry within 3 years of ending operations.</P> <P>Section I.&nbsp; The reference to asphalt/concrete production in Section I should be deleted.&nbsp; This deletion would not allow Hamm to operate a temporary asphalt or concrete plant as a matter of right, but would enable Hamm to request permis sion of the Board to operate such a plant at some time in the future, subject to restrictions imposed by the Board at that time.</P> <P>Section II.&nbsp; The last sentence in Section II should be deleted, but "utility compa nies" should be added to Section VIII.</P> <P>Section V.&nbsp; Reference to "springs and wells" will remain in Section V.&nbsp; Perhaps the applicant can suggest a reasonable compromise.&nbsp; An appeals process should remain, but the appeal should probably not be to the Board.&nbsp; Staff and the applicant should come back with a proposal and bring it back to the Board.</P> <P>Section VIII.&nbsp; Add reference that Hamm Quarries complies with regulations of utilities.&nbsp; Delete "for blasting" because that section deals with water discharge.</P> <P>Add a provision to require that a fencing and screening plan should be submitted and approved by the Board prior to commencement of operations.</P> <P>Add a provision to require notice to property owners within 1000 feet prior to first 5 year review, which would include Johnson County residents.</P> <P>Section IX.&nbsp; The reclamation bond should be in an amount in accordance with state statute.</P> <P>Section X.&nbsp; The applicant and Planning Staff should discuss the applicant's request to delete this Section, but the Board has a concern about removing it and is inclined to keep it.</P> <P>Section XI.&nbsp; Delete 1st subsection (d).&nbsp; Subsection (d)(iii) should require road improvements prior to rock extraction from new site.</P> <P>Section XII.&nbsp; Strobe lights for vehicles shall begin 1/2 hour before sunset, rather than 5:30 p.m.&nbsp; There is no need for a strobe light before dusk.</P> <P>Restriction XIV.&nbsp; The review process will take place every 5 years, rather than every 3 years.&nbsp; Notice of the initial 5 year review should be given to all property owners within 1,000 feet, including Johnson County residents.&nbsp; Delete the sentence that would allow the Board to revoke the CUP if it wanted to add additional conditions in the future, but planning Staff and the applicant should discuss further.</P> <P>Index the $0.10/ton for inflation in accordance with the Consumer Price Index.&nbsp; Planning Staff and the applicant should discuss and bring back something appropriate.</P> <P>The revised conditions should be brought back to the Board and other persons should have an opportunity to review and comment on them before finalizing.</P> <P>Commissioner Jones made a motion to approve CUP-12-16-02, contingent upon finalization of the conditions and restrictions in accordance with the foregoing discussion, which would require a 3-0 vote.&nbsp; The CUP will not be issued until the conditions and restriction are resolved.&nbsp; Chairman Johnson seconded and the motion carried 3-0.</P> <P>The Board instructed Staff to revise the conditions in accordance with the foregoing discussion and bring it back to the Board for a Wednesday evening meeting.</P> <P>The Board thanked those in attendance for their input.</P> <P><STRONG>PUBLIC WORKS &amp; CONTRACTS 05-21-03</STRONG><BR>Commissioner McElhaney made a motion to approve Contract(s) for Right-of- way Easement Acquisitions on Tract Nos. 1, 2, 3, 9, 17, 24, 33 and 36 for Project No. 23C-3688-01, Route 1029 improvements, in the aggregate amount of $87,535. Motion was seconded by Commissioner Jones and carried unani mously.</P> <P><STRONG>MISCELLANEOUS 05-21-03</STRONG><BR>Chairman Johnson reported that he had met with the three (3) superintendents of schools regarding Jones' proposal to fund the nursing programs. Suggested appointing a committee consisting of recommendations from each superinten dent, Kay Kent and one (1) board member, a Douglas County Resident, and appointments by the commissioners, maybe 12-13 people, develop charge. </P> <P>&#160;Commissioner Jones moved for adjournment.&nbsp; Commissioner McElhaney seconded and the motion carried.</P> <P>____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member</P>

<P>McElhaney called meeting to order at 9:07 A.M. on Monday, June 2, 2003.&nbsp; McElhaney and Jones were present; Johnson was absent. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 06-02-03<BR></STRONG>Jones moved approval of the following Consent Agenda:</P> <UL> <LI>Accept the low bid received from Hutchinson Salt for the purchase of 1,500 tons of highway de-icing salt in the amount of $37,335; and</LI> <LI>Approve the following policy changes to the health insurance plan:</LI></UL> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>(1) &nbsp;Elected Officials Retiree Eligibility. Elected officials who have served a minimum of eight (8) consecutive years and are of retirement age (as defined within the retirement plan in which they are participating). </P> <P>(2) &nbsp;Retirees Premium. The retiree must pay 55% of the health insurance premium for which he/she is enrolled. Implementation of this change will be staggered: approximately half of the increase ($6 for the retiree only and $45 for retiree +1) would be effective on January 1, 2004; another increase on June 1, 2004 would then bring them up to the full 55%.</P></BLOCKQUOTE> <P>Motion was seconded by McElhaney and carried.</P> <P><STRONG>PUBLIC WORKS 06-02-03</STRONG><BR>The Board discussed contract pavement maintenance projects for 2003. Keith Browning, Director of Public Works/County Engineer, was present for the discussion. McElhaney made a motion to authorize the solicitation of bids for microsurfacing Route 1029 from approximately 1/4 mile south of N 100 Road to US 56 Highway and to fill wheel ruts in Route 438 near the K-10 Highway intersection. Motion was seconded by Jones and carried.</P> <P><STRONG>ACCOUNTS PAYABLE 06-02-03</STRONG><BR>Jones moved approval of accounts payable in the amounts of $115,199.09 to be paid 5/27/03 and $66,737.28 to be paid 6/2/03; accounts payable manual checks in the amount of $766.00; payroll in the amount of $565,694.12; and electronic funds transfers in the amounts of $43,307.25 for FICA and $31,551.75 for KPERS to be paid 5/30/03. Motion was seconded by McElhaney and carried.</P> <P>&#160;Jones moved for adjournment.&nbsp; McElhaney seconded and the motion carried.</P> <P>____________________________&nbsp;_____________________________<BR>Jere McElhaney, Vice-Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member</P> <P>ATTEST:</P> <P>_____________________________<BR>Patty Jaimes, County Clerk</P>

<P>Vice-Chairman McElhaney called the meeting to order at 7:50 A.M. on Monday, June 9, 2003.&nbsp; McElhaney and Jones were present; Johnson was absent. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 06-09-03</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5140 and 5141. Orders are on file in the office of the County Clerk; and</LI> <LI>Authorize the execution of Contracts for Highway Purposes for Project No. 23C-3688-01; County Route 1029, E. 600 Road -- Acquisition of Construction Easement.</LI></UL> <P>McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>ACCOUNTS PAYABLE 06-09-03<BR></STRONG>Jones moved approval of accounts payable in the amount of $234,039.73 to be paid 6/9/03 and accounts payable manual checks in the amount of $9,250.00. Motion was seconded by McElhaney and carried.</P> <P>Jones moved for adjournment.&nbsp; McElhaney seconded and the motion carried.</P> <P>____________________________&nbsp;_____________________________<BR>Jere McElhaney, Vice-Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member</P> <P>ATTEST:</P> <P>_____________________________<BR>Patty Jaimes, County Clerk</P>

<P>The Board attended a Rededication Ceremony for the Judicial &amp; Law Enforce ment Center and Youth Services at 5:30 P.M. on Wednesday, June 18, 2003.</P> <P>Johnson called meeting to order at 6:37 P.M. All members were present. The Pledge of Allegiance was recited.</P> <P>McElhaney moved approval of minutes of January 21, 22, 27, February 3 (revised), 24, 28, March 3, 10, 12, and April 7, 2003. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>CONSENT AGENDA 06-18-03</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5142, 5143 and 5144. Orders are on file in the office of the County Clerk;</LI> <LI>Approve Contract(s) for Highway Purposes for Project No. 23C-3688-01, County Route 1029, E 600 Road; and</LI> <LI>Approve Agreement between Kansas Juvenile Justice Authority and Douglas County related to condition of grant for JJA funds.</LI></UL> <P>Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>MISCELLANEOUS 06-18-03<BR></STRONG>Gary Bartz, Co-Chair of the Douglas County Fireworks Association, appeared before the Board advising the Association would like to assist the Public Works Department in cleaning up public areas such as Clinton Lake, Lone Star Lake and Wells Overlook Park, after the 4th of July activities. The Board thanked Mr. Bartz and the Association and directed the Public Works Department to work with the Association in the clean-up efforts.</P> <P><STRONG>PUBLIC WORKS 06-18-03</STRONG><BR>Keith Browning, Director of Public Works/County Engineer, presented a video on behalf of the Traffic Safety Advisory Committee regarding mailbox installations and roadside safety impacts. The need to outlaw large installations next to the highways, including existing mailboxes was then discussed. The Board then thanked the Committee for the education process and directed the Department of Public Works to develop a mailbox policy.</P> <P><STRONG>PUBLIC WORKS &amp; MISCELLANEOUS 06-18-03</STRONG><BR>Jones conducted a brief presentation on policy issues related to the financing of rural road maintenance. He suggested that the policy that was set in the early 70's needs to be updated. It was the consensus of the Board to discuss this issue again in the fall.</P> <P><STRONG>OUT-DISTRICT COLLEGE TUITION STATEMENTS 06-18-03</STRONG><BR>Johnson moved approval of six (6) Out-District College Tuition Statements in the amount of $15,528. Motion was seconded by Jones and carried with McElhaney opposed.</P> <P><STRONG>ACCOUNTS PAYABLE 06-18-03</STRONG><BR>McElhaney moved approval of accounts payable in the amount of $1,346,087.31 to be paid 6/16/03; accounts payable manual checks in the amounts of <BR>$1,480.00 and $944.74; payroll in the amount of $573,605.78; and electronic funds transfers in the amounts of $42,409.85 for FICA and $33,030.23 for KPERS to be paid 6/13/03. Motion was seconded by Jones and carried unani mously.</P> <P><STRONG>PUBLIC WORKS &amp; CONTRACTS 06-18-03</STRONG><BR>Browning discussed the need to authorize a Commissioner the authority to execute Contract(s) for Highway Purposes for Project No. 23C-3688-01, County Route 1029, E 600 Road and/or the authority to authorize condemnation proce dures, if needed, in order to meet approaching deadlines. Jones made a motion that McElhaney be authorized to execute Contract(s) or condemnation proce dures which action will be ratified by the Board at its next regular meeting. Motion was seconded by Johnson and carried unanimously.</P> <P>Jones moved for adjournment.&nbsp; McElhaney seconded and the motion carried.</P> <P>____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member</P>

<P>Chairman Johnson called the meeting to order at 1:09 P.M. on Monday, June 23, 2003.&nbsp; All members were present. The Pledge of Allegiance was recited.</P> <P>Jones made a motion to approve the minutes of March 24, April 23, and June 9, 2003. McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>CONSENT AGENDA 06-23-03<BR></STRONG>McElhaney made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order No. 5145. Order is on file in the office of the County Clerk.</LI></UL> <P>Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PURCHASING &amp; CONTRACTS 06-23-03<BR></STRONG>The Board discussed the recommendation of the contract award for long dis tance services. Jackie Waggoner, Purchasing Agent, was present for the discussion. On May 12, 2003, the Board authorized staff to negotiate with SBC Global Services for long distance services. Committee members from the City of Lawrence, Lawrence Public Schools, and Douglas County met and finalized a contract with SBC Global Services. The following table outlines the negotiated items to be incorporated in the contract:</P> <P> <TABLE borderColor=black cellSpacing=0 cellPadding=0 border=1> <TBODY> <TR> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center><STRONG>Original Proposal</STRONG></P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center><STRONG>Negotiated Proposal</STRONG></P></TD></TR> <TR> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>Intrastate Rate: .07/minute<BR>Interstate Rate: .046/minute</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>Intrastate Rate: .068/minute<BR>Interstate Rate:.03/minute</P></TD></TR> <TR> <TD style="WIDTH: 300px; HEIGHT: 20px">Three entities included in SBC's proposal&nbsp;</TD> <TD style="WIDTH: 300px; HEIGHT: 20px">Lawrence Public Schools chose to not participate in the contract at this time</TD></TR> <TR> <TD style="WIDTH: 300px; HEIGHT: 20px">Annual commitment of $30,000 (collectively from three entities -- Douglas County, City of Lawrence, and Lawrence Public Schools). Receive a $5,000 customer loyalty payment to be shared.&nbsp;</TD> <TD style="WIDTH: 300px; HEIGHT: 20px">Waive customer loyalty payment to establish lower rates. Based upon participation by Douglas County and the City of Lawrence, would require a minimum annual commitment of $12,000 for both agencies</TD></TR></TBODY></TABLE></P> <P>Jones made the motion to approve the contract for long distance services with SBC Global Services. Motion was seconded by McElhaney and carried unani mously.</P> <P><STRONG>BUDGET 06-23-03</STRONG><BR>The Board conducted budget hearings. No action was taken.</P> <P><STRONG>ACCOUNTS PAYABLE 06-23-03</STRONG><BR>Jones moved approval of accounts payable in the amount of $321,122.91 to be paid 6/23/03. Motion was seconded by McElhaney and carried unanimously.</P> <P>Jones moved for adjournment; McElhaney seconded and the motion carried unanimously.</P> <P>____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member</P>

<P>Chairman Johnson called the meeting to order at 9:04 A.M. on Tuesday, June 24, 2003.&nbsp; All members were present. The Pledge of Allegiance was recited.</P> <P><STRONG>BUDGET 06-24-03</STRONG><BR>The Board conducted budget hearings. No action was taken.</P> <P>Jones moved for adjournment; McElhaney seconded and the motion carried unanimously.</P> <P>____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member</P>

<P>Johnson called meeting to order at 6:35 P.M. on Wednesday, June 25, 2003. All members were present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 06-25-03</STRONG><BR>McElhaney moved approval of the following Consent Agenda:</P> <UL> <LI>Note receipt of fee reports for the month of May 2003.</LI></UL> <P>Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PUBLIC WORKS 06-25-03</STRONG><BR>The Board discussed bids received for microsurfacing on Route 1029. Keith Browning, Director of Public Works/County Engineer, was present for the discussion. Three bids were received with the low bid submitted from Vance Brothers in the amount of $73,154.20. Browning explained that Kansas Statutes require filing an Engineer's Estimate with the County Clerk's Office prior to the bid opening. An Engineer's Estimate was prepared prior to bid opening, but it was not filed as required due to an oversight. Browning has discussed this with Evan Ice, County Counselor, who indicated that, in his opinion, the Board has the authority to award the contract to the low bidder. Re-bidding would necessar ily narrow the window of opportunity for completing this work, which may result in higher bids. Given that the Engineer's Estimate was prepared in good faith prior to the bid opening, and that the low bid is below the Engineer's Estimate which was $74,953.00 it is recommended that the Board accept the low bid. McElhaney made a motion to accept the low bid from Vance Brothers in the amount of $73,154.20 for Project No. 2003-11, microsurfacing Route 1029 from US-56 Highway south approximately 2.4 miles and authorize the Director of Public Works to execute change orders in an amount not to exceed $3500. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>MISCELLANEOUS 06-25-03</STRONG><BR>Jones conducted a presentation on vicious dog issues. Midge Grinstead, Director of the Lawrence Humane Society, was also present for the discussion. Jones and Grinstead have met with a working group regarding this issue and a resolution was prepared and presented for consideration. It was the consensus of the Board to review the proposed resolution for possible adoption on July 9, 2003.</P> <P><STRONG>MISCELLANEOUS 06-25-03</STRONG><BR>The Board discussed traffic signals on 31st Street, specifically 31st &amp; Louisiana and 31st &amp; Haskell. Craig Weinaug, County Administrator, explained that both intersections are partly in the City and partly in the County. This past spring, a study session was conducted regarding the "31st Street Corridor Study Iowa Street to County Route 1057." One of the short term improvements was to consider temporary traffic signals at these intersections. These signals cost approximately $50,000 per intersection. Additional costs would include mainte nance, which are estimated to be $10,000 per year per intersection ($5,000 each). This item was not addressed in the budget but could be put in the Capital Improvements Plan (CIP) without putting any additional cost in terms of the budget. This would simply delay some of the other things that are in the CIP. </P> <P>Johnson questioned why any kind of decision should be made until we know for a fact what is or is not going to happen with respect to the Trafficway. If it's deter mined that the Trafficway is not going to be built, then we would need to deal with a different set of circumstances. If it's determined that the Trafficway is going to be built and if 31st Street, for example would be replaced in 2 years, the decision would be approached a little differently. He noted that it would be very appropri ate for the county to agree to pay 50/50 but only to the extent of $25,000 at each intersection. Jones stated that something should be known about the Trafficway in the next few months. It was the consensus of the Board that the County would agree to split the costs 50/50 -- $25,000 per intersection, and directed Weinaug to encourage the City to delay their decision until more information is known about the Trafficway.</P> <P><STRONG>PUBLIC WORKS &amp; CONTRACTS 06-25-03</STRONG><BR>Keith Browning, Director of Public Works/County Engineer, presented Contract(s) for Highway Purposes for Project No. 23C-3688-01, County Route 1029, E 600 Road, for Tract Nos. 4, 5, 6 and 35. Jones made a motion to approve the Contract(s) for Highway Purposes for Tract Nos. 4, 5, 6, and 35. Motion was seconded by Johnson and carried unanimously.</P> <P>Browning then presented an Agreement relative to performing certain work and/or the occupancy of the County's road right-of-way for the facilities of a utility between Douglas County Rural Water District #6 and Douglas County, Kansas for Project No. 23C-3688-01, County Route 1029, E 600 Road. Jones made a motion to approve the Agreement between Douglas County Rural Water District #6 and Douglas County for Project No. 23C-3688-01. Motion was seconded by Johnson and carried unanimously.</P> <P>Browning then presented a Reimbursement Agreement between Mid-America Pipeline Company, LLC, and Douglas County, Kansas for Project No 23C-3688- 01, County Route 1029, E 600 Road. Johnson made a motion to approve the Reimbursement Agreement, seconded by Jones and carried unanimously.</P> <P>Jones made a motion to authorize McElhaney to execute Contract(s) for Highway Purposes for Project No. 23C-3688-01, County Route 1029, E 600 Road, if needed until June 30, 2003, since the Board will not hold a regular meeting until that time. Johnson seconded and the motion carried unanimously.</P> <P>Jones moved for adjournment.&nbsp; McElhaney seconded and the motion carried.</P> <P>____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member</P>

<P>The Board met in Special Session on Friday, June 27, 2003. The purpose of the Special Session was to tour the Robert J. Dole Institute of Politics. No action was taken.</P> <P>______________________________&nbsp;________________________________<BR>Bob Johnson, Chair&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Jere McElhaney, Member</P> <P>ATTEST:</P> <P>______________________________&nbsp;________________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member</P>

<P>Johnson called meeting to order at 8:36 A.M. on Monday, June 30, 2003, with all members present. The Pledge of Allegiance was recited.</P> <P>Jones moved approval of the minutes of June 23 and June 24, 2003. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>CONSENT AGENDA 06-30-03</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order No. 5146. Order is on file in the office of the County Clerk;</LI> <LI>Approve Construction Engineering Force Account Proposal (LPA) for Project No. 23C-3688-01/Route 1029 Construction Project in the amount of $162,827.44; and</LI> <LI>Approve Contract(s) for Highway Purposes for Project No. 23C-3688- 01, County Route 1029, E 600 Road.</LI></UL> <P>McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>AGREEMENTS 06-30-03<BR></STRONG>The Board discussed a Cooperation Agreement between the City of Lawrence and Douglas County concerning the engineering design and construction of O'Connell Street Improvements. It was the consensus of the Board to table further discussion until the contract has been reviewed by Evan Ice, County Counselor. No action was taken.</P> <P><STRONG>PURCHASING &amp; AGREEMENTS 06-30-03</STRONG><BR>The Board discussed copiers for the County. Jackie Waggoner, Purchasing Agent, explained that in March 2003, the Board approved a 12-month rental agreement (including maintenance) for thirteen (13) copiers with Logan Busi ness, and maintenance of the existing thirty-one (31) copiers with Century United. The estimated annual cost for this agreement was $38,081 (Logan Business -- $24,119; and Century United -- $13,962). These costs did not include the Law Library or Community Corrections. Funding for these two copiers would come from another source. During the process of finalizing the agreement and preparing for installation, Logan Business asked to withdraw their proposal. In exploring our option to address equipment needs and the budget shortfall, informal bids were again solicited. Savin Corporation and Century United are the only two authorized for service of our existing copiers. Century United's bid provided the lowest cost -- $51,729.87; however, all of the equipment proposed is refurbished and did not meet all of the requirements. Waggoner then recom mended the acceptance of the bid received from Savin Corporation in the amount of $54,561.31. Jones made a motion to accept the bid from Savin Corporation in the amount of $54,561.31. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>PUBLIC WORKS &amp; RESOLUTIONS 06-30-03<BR></STRONG>The Board considered approval of a resolution establishing a twenty-five (25) miles per hour maximum speed limit on a portion of E 400 Road in Kanwaka Township. Keith Browning, Director of Public Works/County Engineer, was present for the discussion. Browning explained that temporary speed limits were established on E 400 Road and N 1700 Road during construction of the Route 442 safety improvements project. The speed limits were to be removed at the conclusion of the Route 442 project. Kanwaka Township has requested that the 25 mph speed limit on E 400 Road from Route 442 north 0.6 miles be made permanent. The 35 mph speed limit on E 400 Road from this point north would be removed, as would the speed limits on N 1700 Road. This section of E 400 Road is very narrow and hilly with several residential entrances. The character of this roadway section is different than other township roads in the vicinity. An unfamiliar driver may not recognize the changing roadway characteristics prior to entering the section, and therefore may not adequately adjust their speed without the speed limit regulation. Browning recommended approval of the resolution. McElhaney made a motion to approve Resolution No. 03-15 establishing the twenty-five (25) miles per hour maximum speed limit on a portion of E 400 Road in Kanwaka Township. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>BUDGET 06-30-03</STRONG><BR>The Board conducted budget hearings. No action was taken.</P> <P><STRONG>ACCOUNTS PAYABLE 06-30-03</STRONG><BR>Jones moved approval of accounts payable in the amount of $269,136.80 to be paid 6/30/03; accounts payable manual checks in the amount of $1,071.40; payroll in the amount of $584,508.42; and electronic funds transfers in the amounts of $43,263.30 for FICA and $33,998.23 for KPERS to be paid 6/27/03. McElhaney seconded and the motion carried unanimously.</P> <P>McElhaney moved for adjournment; Jones seconded and the motion carried unanimously.</P> <P>______________________________&nbsp;________________________________<BR>Bob Johnson, Chair&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Jere McElhaney, Member</P> <P>ATTEST:</P> <P>______________________________&nbsp;________________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member</P>

<P>Johnson called meeting to order at 4:16 P.M. on Wednesday, July 2, 2003.&nbsp; All members were present. The Pledge of Allegiance was recited.</P> <P><STRONG>BUDGET 07-02-03</STRONG><BR>The Board conducted 2004 budget hearings. No action was taken.</P> <P><STRONG>CONSENT AGENDA 07-02-03</STRONG><BR>Jones made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order No. 5147. Order is on file in the office of the County Clerk; </LI> <LI>Approve Resolution No. 03-16 designating County Road E 1600 (O'Connell Street), from East 23rd Street (Kansas Highway 40) to County Road N 1300) as a primary arterial highway pursuant to K.S.A. 68-580 et seq.; </LI> <LI>Pull the item "Planning Item: CUP-12-16-02: Approval of conditions for Conditional Use Permit request for Eudora Quarry #68. The property is generally described as being located at the northwest corner of N 1200 Road and E 2400 Road. Requested by N.R. Hamm Quarry, Inc., for Katherine L. Neis, property owner of record. This item was originally approved by the County Commission on May 21, 2003 with approval of conditions deferred to a later meeting; and</LI> <LI>Approve Cooperation Agreement between the City of Lawrence and Douglas County concerning the engineering design and construction of O'Connell Street improvements.</LI></UL> <P><STRONG>PLANNING 07-02-03</STRONG></P> <P><U>CUP-12-16-02; APPROVAL OF CONDITIONS AND RESTRICTIONS FOR CONDITIONAL USE PERMIT FOR EUDORA QUARRY #68; NORTHWEST CORNER OF N 1200 ROAD AND E 2400 ROAD</U><BR>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;<BR>This item has to do with CUP-12-16-02: Conditional Use Permit request of N.R. Hamm Quarry, Inc. for its Eudora Quarry #68.&nbsp; On May 21, 2003, the Board determined it would approve the CUP, conditioned upon finalization and approval of appropriate conditions and restrictions.&nbsp; At that meeting the Board gave instructions to Planning Staff regarding revisions to make to the conditions and restrictions that the Lawrence-Douglas County Planning Commission recom mended.&nbsp; This item is on the agenda for consideration of the revised conditions and restrictions.</P> <P>&#160;Brian Pedrotti, staff member of the Lawrence-Douglas County Planning Depart ment introduced this matter.&nbsp; After the May 21, 2003 meeting, Pedrotti met with Dan Watkins, attorney for the applicant, regarding finalization of the conditions and restrictions.&nbsp; Pedrotti presented revised conditions and restrictions and referenced a letter from Watkins to the Board dated July 2, 2003 outlining a few differences between Pedrotti's understanding of the Board's instructions and Watkins understanding of the Board's instructions.</P> <P>The Commissioners discussed Watkins' July 2, 2003 letter and concluded that the revisions requested in that letter were generally consistent with the Board's May 21, 2003 discussion.</P> <P>Commissioner Jones suggested that the tonnage fee should be indexed annu ally, not every 5 years.&nbsp; Commissioner Jones also suggested that the conditions and restrictions should be silent on asphalt/concrete batch plants, rather than even referencing a future temporary business permit.</P> <P>Chairman Johnson suggested that his recollection was that wells &amp; springs would not be included in a pre-blast survey, but Commissioner Jones thought it should be kept in because that was a concern of the neighboring property owners.</P> <P>Dan Watkins, attorney for Hamm Quarry, stated that the previous discussion was consistent with his recollection of the May 21, 2003 meeting.&nbsp; Regarding recla mation of the Petefish quarry east of the creek, Watkins agreed that the CUP should not require reclamation "within one year" quarrying begins in the new quarry area, rather than "around the time" quarrying begins.</P> <P>Adra Burks, attorney for the opponents, stated that she had not met with Plan ning Staff since the May 21, 2003 meeting.&nbsp; Burks made a number of observa tions and complaints about the revised conditions and restrictions, including: the legal description in the CUP application is incorrect; the CUP should be make clear that an asphalt/concrete plant not be used on the site; that the blasting time limitations are too vague; whether a hydrologic study would be required prior to blasting is unclear; that the fence repair requirements along N 1200 Rd are too vague; that the north 32 acres of the existing quarry north of the initial 40 acre Petefish quarry is subject to a CUP, but planning staff has not located the CUP; that there is no reclamation obligation for the 40 acres of the existing quarry; that as the CUP is written, over 100 acres could be open for quarrying without having to do any reclamation and that the Board should request a specific reclamation plan; that it is not clear when the site access and road restrictions commence; that Hamm Quarry should have no input concerning road restrictions along Route 1061, that is a decision for public officials; that a stock sale of Hamm Quarry would not require approval by the Board; and that a 30 year CUP is too long given potential development in the area.</P> <P>Chairman Johnson noted that this is a quarry that would be used intermittently, meaning that it might not have activity for several months and then might have intense activity for a period of time.&nbsp; The intent of requiring Hamm Quarry to communicate with public officials concerning Route 1061 traffic was to require notification prior to the intense activity.&nbsp; Commissioner Jones suggested revising Section XI (h) (as presented in Watkins' July 2, 2003 letter to the Board) so that it is consistent with this intent.</P> <P>Commissioner Jones noted that being silent on a future asphalt/concrete plant d&#160;s not condone the plant.&nbsp; He also stated that he believes the conditions and restrictions adequately address reclamation issues.&nbsp; Commissioner Jones noted that the Petefish quarry d&#160;s not currently have a reclamation requirement under state statute and granting the CUP will ensure reclamation of that site.</P> <P>Commissioner Jones made a motion for Planning Staff to revise the conditions and restrictions in accordance with the discussion of the Board, with a specific request to double check the CUP reclamation requirements regarding the Petefish quarry, and bring the revised conditions and restrictions back to the Board no later than July 9, 2003. Chairman Johnson seconded and the motion carried unanimously.</P> <P><STRONG>ZONING 07-02-03</STRONG><BR>The Board considered a request received by Tom and Tempest Stein for a variance of Home Rule Resolution No. 02-3-1, which resolution requires a 250' road frontage, and a variance from a City of Lawrence/Douglas County Joint Resolution No. 98-54, Ordinance 7054, which abolishes private roads. Tempest Stein made a brief presentation noting their desire to split their property currently consisting of 15.2 acres. The Steins wish to sell the existing residence and build another on five acres if the variance is granted. Keith Dabney, Director of Zoning &amp; Codes, was also present for the discussion. Dabney recommended denial of the request. Johnson indicated that he was not in support of the request. Jones noted that he was also not in support of the request. No action was taken.</P> <P><STRONG>MISCELLANEOUS 07-02-03</STRONG><BR>At 7:50 P.M., Jones made a motion that the Board go into executive session for ten (10) minutes with Craig Weinaug, County Administrator, to discuss possible acquisition of land. Motion was seconded by Johnson and carried unanimously. The Board returned to regular session at 8:00 P.M. No action was taken.</P> <P><STRONG>BUDGET 07-02-03</STRONG><BR>The Board conducted additional budget hearings. No action was taken.</P> <P>&#160;Jones moved for adjournment; McElhaney seconded and the motion carried unanimously.</P> <P>______________________________&nbsp;________________________________<BR>Bob Johnson, Chair&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Jere McElhaney, Member</P> <P>ATTEST:</P> <P>______________________________&nbsp;________________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member</P>

<P>Johnson called meeting to order at 9:00 A.M. on Monday, July 7, 2003.&nbsp; All members were present. The Pledge of Allegiance was recited.</P> <P>Jones made a motion to approve the minutes of April 16, 2003. McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>CONSENT AGENDA 07-07-03</STRONG><BR>Jones made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Contract(s) for Highway Purposes for Project No. 23C-3688- 01 -- County Route 1029; E 600 Road.</LI></UL> <P>Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>BUDGET 07-07-03</STRONG><BR>The Board conducted 2004 budget hearings. No action was taken.</P> <P><STRONG>ACCOUNTS PAYABLE 07-07-03</STRONG><BR>McElhaney moved approval of accounts payable in the amount of $312,952.64 to be paid 7/7/03; and ACH Transfer in the amount of $1,484,423.13 to be paid 8/1/03. Motion was seconded by Jones and carried unanimously.</P> <P>Jones moved for adjournment; McElhaney seconded and the motion carried unanimously.</P> <P>____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member</P>

<P>Johnson called meeting to order at 6:39 P.M. on Wednesday, July 9, 2003.&nbsp; All members were present. The Pledge of Allegiance was recited.</P> <P>McElhaney moved approval of the minutes of May 21, 2003. Motion was sec onded by Jones and carried unanimously.</P> <P><STRONG>MISCELLANEOUS 07-09-03</STRONG><BR>Paula Phillips, Director of Emergency Management, conducted a brief presenta tion in recognition of volunteers who contributed to the May 8, 2003 tornado response and recovery. </P> <P><STRONG>CONSENT AGENDA 07-09-03</STRONG><BR>Jones made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order No. 5148. Order is on file in the office of the County Clerk.</LI></UL> <P>McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>RURAL WATER &amp; PLANNING 07-09-03</STRONG><BR>On April 16, 2003, the Board conducted a public hearing regarding the Petition for Attachment of Land to Rural Water District #4. At that time, the Board directed tabled this item pending review and comment from the Lawrence- Douglas County Metropolitan Planning Commission. At its meeting on 5/28/03, the Planning Commission forwarded the following formal comment on the proposed expansion of the RWD #4 service boundary in island annexations, with the recommended inclusion of the following revised conditions:</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>1.&nbsp;Undeveloped properties in the enlargement area and within the 3-mile planning boundaries of Lawrence, Eudora and Baldwin shall be platted before receiving new water meters or service lines from RWD #4;<BR>2.&nbsp;RWD #4 waives their statutory right to compensation for infrastructure and meters located on lands within the island annexations and an nexed by the City that meet all of the following conditions:<BR>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;a.&nbsp;The lands are within the 3-mile planning boundary of an incor porated city of Douglas County;<BR>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;b.&nbsp;Properties not provided water service by RWD #4 as of the date of the district service area adjustment; and<BR>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;c.&nbsp;Meters and/or other infrastructure are not reusable by the City upon annexation.<BR>3.&nbsp;RWD #4 will not waive compensation rights for any properties currently receiving service from RWD #4, regardless of the property's location within or outside the 3-mile planning boundary of any incorporated city; and<BR>4.&nbsp;RWD #4 and the City will negotiate a fair market price for compensa tion to be paid to RWD #4 for meters and/or other infrastructure that is reusable by the City when upon annexation.</P></BLOCKQUOTE> <P>Jones requested clarification regarding platting restrictions, i.e., d&#160;s it apply to all of the area within three (3) miles or just in the newly annexed area. Linda Finger, Director of the Lawrence-Douglas County Metropolitan Planning Depart ment, explained that the minutes reflect that it was the enlargement area which is a subset of the three (3) miles. </P> <P>John Nitcher, speaking on behalf of the water district, presented a map of the district indicating a yellow territory, which is the established district, and a blue territory which indicates parcels the district serves but are not formally in the district. It is the district's desire to bring the blue territory into the district to solve some administrative problems. According to the district's bylaws, only property owners within the defined boundaries (the yellow area) can participate as members of the district. This means that there are individuals who have been served by the district for as many as thirty (30) years, who are not allowed to vote at the annual meeting or to hold office on the Board. Nitcher noted that the request includes only those parcels that are presently served or that the district has easements across. </P> <P>After a lengthy discussion, it was the consensus of the Commission to table consideration of this petition until the Urban Growth Area recommendations anticipated from the Planning Commission have been received and acted upon by the County Commission. </P> <P><STRONG>COMMUNITY CORRECTIONS &amp; GRANTS 07-09-03</STRONG><BR>The Board considered approval of the FY 2004 Community Corrections Grant Funds; FY 2004 Carryover Reimbursement Plan, and amendments to FY2003 Condition Violator Grant and FY2003 Community Corrections Grant Budget. Ron Stegall, Director of Community Corrections, was present for the discussion. Jones moved approval of the FY 2004 Community Corrections Grant Funds; FY 2004 Carryover Reimbursement Plan, and amendments to FY2003 Condition Violator Grant and FY2003 Community Corrections Grant Budget. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>RESOLUTIONS 07-09-03</STRONG><BR>The Board considered approval of HR-03-7-3, a Resolution of the Board of County Commissioners of Douglas County, Kansas Imposing Regulations and Criminal Penalties on Owning and Possessing Vicious Dogs in Douglas County, Kansas. Jones moved approval of HR-03-7-3; McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>BUDGET 07-09-03</STRONG><BR>Jones made a motion to authorize Notice of Publication of Hearing of 2004 Budget to be held at 6:35 P.M. on Wednesday, August 13, 2003. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>PLANNING 07-09-03</STRONG><BR>On May 21, 2003, the Board considered approval of CUP-12-16-02: a Condi tional Use Permit request for Eudora Quarry #68. The property is generally described as being located at the northwest corner of N 1200 Road and E 2400 Road.&nbsp; Requested by N. R. Hamm Quarry, Inc., for Katherine L. Neis, property owner of record.&nbsp; The Board approved CUP-12-16-02, contingent upon finaliza tion of the conditions and restrictions in accordance with the discussions held during the hearing. The Board directed Staff to revise the conditions in accor dance with the discussions for consideration. Staff presented the following Findings of Fact and Conclusions of Law:</P> <P><STRONG>FINDINGS OF FACT</STRONG></P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>1. &nbsp;N.R. Hamm Quarry, Inc. ("Hamm Quarry") as the tenant of real estate owned by Katherine L. Neis has filed an application for a Conditional Use Permit ("CUP Application") to operate a quarry on approximately 129 acres of real estate located near the Northwest corner of N 1200 Rd. and E 2400 Rd.</P> <P>2. &nbsp;The CUP would allow Hamm Quarry to expand a quarry that it currently operates immediately to the South of the subject site.</P> <P>3. &nbsp;The subject site is located in an "A" Agricultural District.</P> <P>4. &nbsp;By Staff Report dated February 6, 2003, the Lawrence-Douglas County Metropolitan Planning Staff recommended that the CUP Application be granted, subject to certain conditions set forth therein.</P> <P>5. &nbsp;On February 26, 2003, the Lawrence-Douglas County Metropolitan Planning Commission and the Planning Commission for the City of Eudora, Kansas held a joint public hearing on the CUP Application.&nbsp; At the conclusion of the public hearing, the Lawrence-Douglas County Metropolitan Planning Commission voted unanimously (9-0) to recom mend approval of the CUP Application, subject to certain conditions set forth in its Minutes from that meeting.&nbsp;&nbsp; The Planning Commission for the City of Eudora voted unanimously (4-0) to recommend denial of the CUP Application.</P> <P>6.&nbsp;On March 12, 2003, a protest petition was filed with the Douglas County Clerk and on March 31, 2003, the Douglas County Clerk certified the protest petition as valid.</P> <P>7.&nbsp;On May 14, 2003, the Board of County Commissioners of Douglas County, Kansas (the "Board") commenced a public hearing regarding the CUP Application.&nbsp; This hearing was adjourned to May 21, 2003 to address a concern raised by Dan Watkins, the attorney for Hamm Quarry, as to whether the protest petition was valid.</P> <P>8.&nbsp;By document dated May 14, 2003, with Dan Watkins concurring, the Douglas County Clerk re-certified the protest petition as valid.</P> <P>9.&nbsp;On May 21, 2003, the Board reconvened the adjourned May 14, 2003 public hearing.&nbsp; The May&nbsp; 21, 2003 hearing was lengthy and the Board allowed all persons present at the hearing to provide comments.&nbsp; A summary of comments received is set forth in the Minutes of the Board.<BR>10.&nbsp;The subject site will not be used as a year-round quarry.&nbsp; The site will only be used when Hamm Quarry has a particular project in the area that needs rock from this quarry.&nbsp; There may be long periods of time when rock is not being extracted from the subject site followed by shorter periods of fairly intense usage.&nbsp; This is not a 365 day per year operation.&nbsp; For example, in the past 10 years, there were only two four month periods when there was blasting and crushing activity at the existing quarry.&nbsp; Hamm Quarry has made clear that the expanded quarry will be operated in a similar manner.</P> <P>11.&nbsp;There is a slight difference between the metes and bounds legal descrip tion and the site drawing contained in Hamm Quarry's CUP Application, but the CUP Application makes clear the intent that the CUP cover the property shown in the site drawing.&nbsp; All discussions relating to the CUP Application were based upon the site drawing.&nbsp; Based upon real estate that Katherine L. Neis owns, as contained in the Douglas County land records, the legal description for the real estate covered by the CUP is as follows:</P> <P>The North Half of the&nbsp; Southeast Quarter of Section 15, Township 13, Range 21 in Douglas County; the South Half of the Southwest Quarter of the Northeast Quarter of Section 15; All of the Southeast Quarter of the Northeast Quarter of Section 15, LESS that part on the East side thereof comprising about ten (10) acres conveyed by Levi Woodward and Sarah A. Woodward, his wife, to Henry S. Crumrine on March 18, 1867, subsequently described as follows: Commencing at the Southeast corner of the Northeast Quarter of Section 15, Township 13, Range 21; thence North 34 1/4 degrees West 14.47 Chains; thence North 3 1/4 degrees West 5 Chains; thence North 40 1/2 degrees East 3 Chains; thence North 60 degrees East 2.43 Chains; thence East on the Quarter Section line 4.44 Chains to the Section line; thence South on the Section line 80 rods to place of beginning; and LESS the following, containing one acre, more or less: Beginning at a point in the Northwest corner of the West Three-Fourths of the Southeast Quarter of the Northeast Quarter of said Section 15; thence running South Ten (10) rods; thence East Sixteen (16) rods; thence North Ten (10) rods; thence West Sixteen (16) rods to the place of beginning.</P> <P>This legal description will be contained on the face of the CUP plan.</P> <P>12.&nbsp;The foregoing legal description and the site drawing in the CUP Applica tion is what the Lawrence-Douglas County Planning Office used to determine property owners within 1,000 feet of the subject site for purposes of sending notification prior to the Planning Commission hearing and is also what was used for determining the adequacy of the protest petition.</P></BLOCKQUOTE> <P><STRONG>CONCLUSIONS OF LAW</STRONG></P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>1.&nbsp;The Board has the authority to review and to either approve or disap prove an application for a Conditional Use Permit under K.S.A. 12-755(a)(5) and Article 19 of the Douglas County Zoning Regulations.</P> <P>2.&nbsp;Conditional use permits are based upon the zoning power granted by the State but, by definition, empower governing bodies to impose conditions upon the granting of such permits to protect the health, safety and welfare of the public.</P> <P>3.&nbsp;The Douglas County Zoning Regulations allow the Board to approve a CUP for a quarry located in an "A" Agricultural District.</P> <P>4.&nbsp;Because a valid protest petition was filed, Section 19-1.05 of the Douglas County Zoning Regulations requires at least a 3/4th vote of all members of the Board to approve the CUP Application.&nbsp; With only three members of the Board, unanimous approval is required.</P> <P>5.&nbsp;Section 19-1.02 of the Douglas County Zoning Regulations require the consideration of relevant facts, including the following, in determining to grant a conditional use permit:</P> <P>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;a.&nbsp;The zoning uses of properties nearby.<BR>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;b.&nbsp;Character of the area.<BR>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;c.&nbsp;Suitability of the subject property for the uses to which it has been restricted.<BR>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;d.&nbsp;Length of time the property has remained vacant as zoned.<BR>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;e.&nbsp;Extent to which the change will detrimentally affect the nearby prop erty.<BR>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;f.&nbsp;Relative gain to the public health, safety, and welfare by destruction in value of the petitioner's property as compared to the hardship imposed upon the individual landowners.<BR>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;g.&nbsp;Conformance with the Comprehensive Plan.<BR>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;h.&nbsp;Professional staff recommendation.</P> <P>These factors are virtually identical to and incorporated from the consid erations set forth in applicable Kansas cases.&nbsp; See Golden v. City of Overland Park, 224 Kan. 591, 584 P.2d 130 (1978) (setting forth a list of factors (referred to as the "Golden factors") for consideration in rezoning cases); K-S Center Co. v. City of Kansas City, 238 Kan. 482, 494-95, 712 P.2d 1186 (1986) (stating that the rules governing issuance of a conditional use permit are similar to those factors applicable in rezoning cases).</P> <P>6.&nbsp;Section 19-4(5) of the Douglas County Zoning Regulations specifically recognizes that development of natural resources, such as the limestone on the instant real estate, should be allowed within zones reserved for their development and production, to guarantee that these sources will not be forever lost for the benefit of Douglas County, Kansas.</P> <P>7.&nbsp;With respect to the foregoing factors, the Board makes the following findings:</P> <P>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;a.&nbsp;Zoning and uses of property nearby.&nbsp; The subject property is located west of E 2400 Road adjacent to the Johnson County line and north of N 1200 Road. The site is agriculturally zoned and used for row crops and pasture.&nbsp; Surrounding property is also row crop and pastureland with scattered residences. The existing quarry site, which contains rock deposits similar to what Hamm Quarry believes is at the subject site, is adjacent to the South of the subject site.</P> <P>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;b.&nbsp;Character of the area.&nbsp; The character of the area is largely agricul tural in nature with some single-family residences and the existing quarry to the South.</P> <P>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;c.&nbsp;Suitability of subject property for the uses to which it has been re stricted. The subject site is suited for the Agricultural District uses to which it is restricted.&nbsp; A quarry is permitted in this zoning district, provided that the Board approves the CUP Application.&nbsp; Proximity to the existing quarry and rock deposits at the subject site, however, make the subject site well-suited for a quarry.</P> <P>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;d.&nbsp;Length of time subject property has remained vacant as zoned. The subject site has been zoned A (Agricultural) since 1966, when Zoning Regulations were adopted in Douglas County.</P> <P>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;e.&nbsp;Extent to which removal of restrictions will detrimentally affect nearby property.&nbsp; The Conditions and Restrictions of Use hereby adopted will minimize any detrimental impacts to adjacent property.&nbsp; These include conditions to provide reclamation of the existing quarry as well as the new site; provisions for a drainage study; pre-blast sur veys; a fencing and screening plan; an imposed fee per ton of mate rial removed from the new quarry (indexed for inflation), which will be used to help maintain County roads; restrictions including setbacks from existing residences, property lines, and waterways; time limita tions on quarry activity; dust controls; restrictions on truck routes to keep trucks off of township roads to the maximum extent possible; and requirements for cleanup of material spillage.&nbsp; Provisions for a review of the CUP at five year intervals will ensure continuous moni toring of the Conditions and Restrictions of Use. </P> <P>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;f.&nbsp;Relative gain to the public health, safety and welfare by the destruc tion of the value of the petitioner's property as compared to the hardship to imposed upon the individual landowner.&nbsp; With the imposi tion of the Conditions and Restrictions of Use adopted herein, the quarry will not adversely affect the public health, safety or welfare.&nbsp;&nbsp; The fencing and screening plan, to be approved by the Board prior to commencement of operations, will be designed to appropriately contain quarrying operations on the subject site.&nbsp; Likewise, granting the CUP Application will not create unreasonable traffic safety issues.&nbsp; Traffic safety matters concerning County Route 1061 are discussed below.&nbsp; Conditions requiring Hamm Quarry to pay for certain road improvements and maintenance expenses for N 1200 Rd. between the subject site and Route 1061 will enhance the safety on that township road.</P> <P>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;g.&nbsp;Conformance with the Comprehensive Plan.&nbsp; Horizon 2020 d&#160;s not directly address the issuance of CUPs for quarry operations.&nbsp; The proposed location of the quarry, however, is adjacent to an existing quarry and is in conformance with Horizon 2020.&nbsp; Analogizing the quarry use to industrial use, Horizon 2020 actually encourages granting the CUP Application.&nbsp; Chapter 7, Industrial and Employment Related Land Use, Policy 1.4 provides opportunities for limited industrial development in unincorporated areas of Douglas County and encourages limited expansion of existing industrial areas.&nbsp; Because of the Conditions and Restrictions of Use, granting the CUP Application will be a limited expansion of the existing quarry.</P> <P>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;h.&nbsp;Professional staff recommendation.&nbsp; Granting the CUP Application is consistent with the recommendations of the Lawrence-Douglas County Metropolitan Planning Commission staff.&nbsp;&nbsp; As stated in the Staff Report, any detrimental effect is mitigated by imposition of Conditions and Restrictions of Use.</P> <P>8.&nbsp;Reclamation of the site was discussed at length.&nbsp; The plan of reclama tion for the site as proposed in the CUP Application is acceptable to the Board, but Hamm Quarry shall comply with all other provisions of the Conditions and Restrictions of Use and Kansas statutes relating to reclamation.&nbsp; For example, a condition imposed in approving the CUP Application is that Hamm Quarry reclaim&nbsp; the existing quarry that it has operated since before Douglas County adopted its Zoning Regulations and since before Kansas statutes imposed reclamation requirements.&nbsp; To the extent that Hamm Quarry currently has no legal obligation to reclaim that quarry, approving the CUP Application imposes a reclama tion obligation upon Hamm Quarry and this reclamation provides a benefit to the neighborhood.</P> <P>9.&nbsp;Blasting at the site was discussed at length.&nbsp; Opponents to the CUP Application expressed fears that blasting will damage their properties or adversely affect streams and wells, but did not provide any expert evidence on this issue.&nbsp; David Dresler, an explosives expert from Dresler &amp; Associates, however, did provide testimony that the Board finds to be credible.&nbsp; He stated that blasting vibrations caused by blasting are highly regulated by other governmental agencies and that those regulations are sufficient to prevent property damage.&nbsp; As an example of how safe the blasting can be, he stated that other quarries that have high pressure gas pipelines running through them can blast without damaging the pipelines.&nbsp; He also stated that blasting vibrations do not affect acquifers or ground water table.&nbsp; In any event, the pre-blast survey required in Section V of the Conditions and Restrictions of Use imposed on the CUP will provide neighboring property owners with a baseline as to the condition of their property prior to the blasting.&nbsp; Likewise, particularly in light of statements of David Dresler, the Board finds that the storage of explosives at the subject site is heavily regulated by other governmental agencies and that the general public is adequately protected without additional storage regulations.</P> <P>10.&nbsp;The Board declines to adopt the opponents' suggestion to deny the CUP Application based upon their claim that there is no "need" for the rock that will be quarried at the site.&nbsp; First, no credible evidence has been provided that there is no need for the rock.&nbsp; The cost of hauling rock is a large portion of the expense of delivered rock.&nbsp; Thus, the fact that Hamm Quarry or its competitors have other quarries in Douglas County and surrounding counties d&#160;s not mean that there is no need for this quarry in this particular area.&nbsp; The Board concludes that a quarry in this particu lar area will benefit the community as a whole because the quarry will provide a source of rock in the area with lower hauling costs.&nbsp; Hamm Quarry would not have filed its CUP Application if it thought that there is not a need for the rock.&nbsp; In addition, denying the CUP Application based upon a perceived lack of need is legally questionable.&nbsp; For instance, when the City of Lawrence denied an application for a Use Permitted Upon Review for a new hospital in Lawrence based upon a lack of need for a new hospital, the Douglas County District Court determined that City Commission had exceeded its legal authority and directed the City to approve the UPR permit.&nbsp; See American Medicorp Development Co. v. City of Lawrence, Douglas County District Court Case No. 97C51.&nbsp;&nbsp; On appeal, the Court of Appeals reversed the District Court because it determined the case was moot, without reaching the City Commission's needs based analysis.&nbsp; See American Medicorp Development Co v. City of Lawrence, 996 P.2d 849 (Kan. App. 2000) (unpublished opinion).</P> <P>11.&nbsp;Concerns relating to traffic safety on County Route 1061 were discussed at length, but the Board concludes that granting the CUP Application will not create unreasonable traffic safety conditions on Route 1061.&nbsp; First it must be pointed out that whenever people oppose a rezoning, one complaint normally raised is that the new land use will cause traffic problems and create traffic safety issues.&nbsp; Just because some oppo nents have objected to the CUP Application based upon traffic safety concerns d&#160;s not mean that granting the CUP Application will create unreasonable traffic safety conditions.&nbsp; The Board concludes that it is speculative to reach such a conclusion in this case.&nbsp; Route 1061 is a rural major collector road and its purpose is to collect traffic from local roads and provide a route to primary arterial roads, which is exactly the plan in this situation.&nbsp; Hamm Quarry already operates a quarry directly to the South of the subject site, which already creates truck traffic when Hamm Quarry has road projects in the area.&nbsp; In addition, as set forth in Finding of Fact No. 10, the subject site will be used intermittently and the expanded quarry will not produce truck traffic all day, every day.&nbsp; Many opponents expressed fears of a 365 day per year operation, which is simply not the case.&nbsp; Other than an outright denial of the CUP Applica tion, no opponents of the CUP Application have provided any specific recommendations on dealing with Route 1061.&nbsp; Therefore, the Condi tions and Restrictions of Use require Hamm Quarry to "take the lead to communicate and cooperate with the Douglas County Public Works Director and Eudora city and school officials on traffic controls on County Road during periods of quarry activity."&nbsp; This will ensure that truck traffic is coordinated during those periods that the site produces truck traffic.&nbsp; Hamm Quarry's compliance with the Conditions and Restriction on Use will be monitored.&nbsp; If Hamm Quarry d&#160;s not cooperate with these governmental agencies in finding solutions to traffic matters that arise, it will risk having the CUP revoked.&nbsp; In addition, traffic safety on Route 1061 is an issue separate from the CUP Application.&nbsp; The Douglas County Public Works Department, the City of Eudora, and the Eudora School District have been engaged in ongoing discussions on ways to enhance safety on Route 1061 as it enters the City of Eudora.&nbsp; The City of Eudora has already engaged a traffic consultant to provide recom mendations concerning safety on the road and these issues will be resolved through cooperation among local governmental agencies.&nbsp; The Board believes that traffic safety can be adequately addressed through speed limits, additional signage, traffic calming devises, and other methods available to the Board, the City of Eudora, and the Eudora public schools.&nbsp; Douglas County, the City of Eudora, and the Eudora public schools have already cooperated to successfully mitigate traffic safety issues during the construction of the new Eudora High School on Route 1061, which is an example of how these agencies can work together to solve issues that arise. Finally, the Restrictions and Condi tions of Use require that Hamm Quarry pay a fee of $0.10 (indexed for inflation) for each ton of rock that is quarried from the new site, which Douglas County will use to help maintain county roads.&nbsp; The Board believes that additional traffic issues may be adequately handled if they arise and that it would be unreasonable for the Board to deny the CUP Application based upon the CUP opponents speculation.&nbsp; The Board concludes that granting the CUP Application will not have a material adverse impact on traffic safety on Route 1061.</P> <P>12.&nbsp;Opponents of the CUP Application expressed concerns about fencing and screening around the site.&nbsp; The Board has determined that appropri ate fencing and screening is advisable, but has not determined the exact fencing and screening that is appropriate.&nbsp; Therefore, a condition has been added to the Conditions and Restrictions of Use that requires Hamm Quarry to submit a fencing and screening plan to the Board for the Board's approval prior to its commencement of operations on the new site.</P> <P>13.&nbsp;Planning Staff originally recommended that the existing quarry be included in and made a part of the CUP Application.&nbsp; The existing quarry is not subject to any fee per ton of rock quarried.&nbsp; Adding it to the CUP Application, however, would serve to impose a $0.10/ton fee on rock that Hamm Quarry can already legally mine without payment of a fee, which the Board declines to do.&nbsp; In addition, increasing the real estate covered by the CUP would raise issues as to whether Hamm Quarry would need to commence the entire CUP process over with respect to that added real estate: new notices to neighbors within 1,000 feet, another public hearing before the Planning Commission, etc.&nbsp; The Board concludes that including additional real estate to the CUP is not necessary to protect public health, safety, morals and general welfare.&nbsp; Requiring Hamm Quarry to reclaim the existing quarry serves to accomplish the major purpose of including the existing quarry and the Board is satisfied with this result.</P> <P>14.&nbsp;The Conditions and Restrictions of Use were extensively discussed and debated.&nbsp; In finalizing the Conditions and Restrictions of Use, the Board considered the recommendations of Planning Staff and the Lawrence-Douglas County Planning Commission, together with state ments of representatives of Hamm Quarry, and statements of neighbor ing property owners.&nbsp; The final Conditions and Restriction on Use adopted herewith contain necessary safeguards to protect the public health, safety, surrounding property, persons and neighborhood values.</P> <P>15.&nbsp;The slight difference between the metes and bounds legal description in the CUP Application and the drawing contained in the CUP Application has not prejudiced any legal rights of any party.&nbsp; It has always been clear that the CUP Application was intended to cover all of Katherine Neis' property to her northern property line.&nbsp; The slight difference did not result in any defective noticing of the CUP Application prior to the Planning Commission hearing, and the slight difference did not result in any different result relating to the protest petition.</P> <P>16.&nbsp;Subject to the Conditions and Restrictions of Use adopted herewith, the Board unanimously concludes that the applicant has met the applicable criteria and, therefore, approves the CUP Application.<BR>McElhaney made a motion to approve the above Findings of Fact and Conclu sions of Law. Motion was seconded by Jones and carried unanimously.</P></BLOCKQUOTE> <P><STRONG>ACCOUNTS PAYABLE 07-09-03</STRONG><BR>McElhaney moved approval of accounts payable in the amount of $401,269.86 to be paid 7/14/03, and accounts payable manual checks in the amount of $766.00.&nbsp; Jones seconded and the motion carried unanimously.</P> <P><STRONG>APPOINTMENTS 07-09-03</STRONG><BR>Johnson reported that he has met with Lawrence City Mayor David Dunfield regarding two (2) openings on the Economic Development Board. Dunfield and Johnson would like to appoint Jim Roberts who is with the University of Kansas Center for Research and Rich Kaplan, Executive Director of the K-10 Associa tion, to the Economic Development Board. Jones made a motion to ratify the Chair's appointment of Roberts and Kaplan to the Economic Development Board; McElhaney seconded and the motion carried unanimously.</P> <P>Johnson moved for adjournment.&nbsp; Jones seconded and the motion carried.</P> <P>_____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member</P>

<P>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.</P> <P><STRONG>PROCLAMATION 07-28-03</STRONG><BR>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.</P> <P><STRONG>CONSENT AGENDA 07-28-03<BR></STRONG>McElhaney moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5149, 5150, 5151, 5152, 5153, 5154, and 5155. Orders are on file in the office of the County Clerk;</LI> <LI>Note receipt fee reports for the month of June 2003; and</LI> <LI>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:</LI></UL> <P> <TABLE borderColor=black cellSpacing=0 cellPadding=0 border=1> <TBODY> <TR> <TD style="WIDTH: 154px; HEIGHT: 20px"><STRONG>LEPC Groups</STRONG></TD> <TD style="WIDTH: 395px; HEIGHT: 20px" colSpan=2><STRONG>Persons </STRONG><STRONG></STRONG></TD> <TD style="WIDTH: 97px"><STRONG>Term</STRONG></TD></TR> <TR> <TD style="WIDTH: 154px; HEIGHT: 20px"> <P>Elected Officials</P> <P></P> <P></P></TD> <TD style="WIDTH: 429px; HEIGHT: 20px" colSpan=2>Bob Newton, appointee of Douglas County Commission<BR>Bill Winegar, appointee of Baldwin City Council<BR>Bud Waugh, appointee of Lawrence City Commission<BR>Mike Yanez, Eudora City Council<BR>Jeff Goodrick, appointee of Lecompton City Council</TD> <TD style="WIDTH: 97px">One year,<BR>2003-2004</TD></TR> <TR> <TD style="WIDTH: 154px; HEIGHT: 20px"> <P>Law Enforcement</P> <P></P> <P></P></TD> <TD style="WIDTH: 429px; HEIGHT: 20px" colSpan=2>Sheriff Rick Trapp, Douglas County Sheriff's Office<BR>Chief Ron Olin, Lawrence Police Department<BR>Chief Mike McKenna, Baldwin Police Department<BR>Chief Greg Dahlem, Eudora Police Department<BR>John Mullens, appointee of Director of KU Public Safety</TD> <TD style="WIDTH: 97px"> <P>Permanent</P></TD></TR> <TR> <TD style="WIDTH: 154px; HEIGHT: 20px"> <P>Emergency<BR>Management</P></TD> <TD style="WIDTH: 429px; HEIGHT: 20px" colSpan=2>Jane Blocher, Executive Director of Douglas County<BR>Chapter of the American Red Cross </TD> <TD style="WIDTH: 97px"> <P>Three year,<BR>2002-2005</P></TD></TR> <TR> <TD style="WIDTH: 154px; HEIGHT: 20px"> <P>Fire/Emergency<BR>Medical</P></TD> <TD style="WIDTH: 429px; HEIGHT: 20px" colSpan=2>Chief Jim McSwain, Lawrence/Douglas County Fire &amp; Medical<BR>Chris Lesser, Douglas County Fire Chief's Association</TD> <TD style="WIDTH: 97px"> <P>Permanent<BR>Three year,<BR>2003-2005</P></TD></TR> <TR> <TD style="WIDTH: 154px; HEIGHT: 20px"> <P>Health</P></TD> <TD style="WIDTH: 429px; HEIGHT: 20px" colSpan=2> <P>Richard Ziesenis, appointee of Director, Douglas County<BR>Health Department</P></TD> <TD style="WIDTH: 97px"> <P>Permanent</P></TD></TR> <TR> <TD style="WIDTH: 154px; HEIGHT: 20px">Environment</TD> <TD style="WIDTH: 429px; HEIGHT: 20px" colSpan=2>Mike Russell, KU Health &amp; Environmental Safety, ap<BR>pointee of KU Provost</TD> <TD style="WIDTH: 97px">Three year,<BR>2001-2004</TD></TR> <TR> <TD style="WIDTH: 154px; HEIGHT: 20px">Hospital <BR></TD> <TD style="WIDTH: 429px; HEIGHT: 20px" colSpan=2>Robert Trepinski, appointee of CEO Lawrence Memorial<BR>Hospital</TD> <TD style="WIDTH: 97px">Permanent</TD></TR> <TR> <TD style="WIDTH: 154px; HEIGHT: 20px">Transportation</TD> <TD style="WIDTH: 429px; HEIGHT: 20px" colSpan=2>Shane Munsch, Astaris</TD> <TD style="WIDTH: 97px">Three year,<BR>2000-2003</TD></TR> <TR> <TD style="WIDTH: 154px; HEIGHT: 20px">Facility, Industry</TD> <TD style="WIDTH: 429px; HEIGHT: 20px" colSpan=2>J&#160; Souders, API Foils </TD> <TD style="WIDTH: 97px">Three year,<BR>2001-2004</TD></TR> <TR> <TD style="WIDTH: 154px; HEIGHT: 20px">Education</TD> <TD style="WIDTH: 429px; HEIGHT: 20px" colSpan=2>Rick Gammill, Lawrence Public Schools<BR>Rod Moyer, Eudora Public Schools<BR>Jim White, Baldwin City Public Schools</TD> <TD style="WIDTH: 97px">Three year,<BR>2001-2004</TD></TR> <TR> <TD style="WIDTH: 154px; HEIGHT: 20px"> <P>Community Group </P> <P></P></TD> <TD style="WIDTH: 429px; HEIGHT: 20px" colSpan=2>Dwayne Fuhlhage, East Hills Business Park Group<BR>David Morrissey, Roger Hill Volunteer Center<BR>Marcia Epstein, Headquarters </TD> <TD style="WIDTH: 97px">Three year,<BR>2003-2005</TD></TR> <TR> <TD style="WIDTH: 154px; HEIGHT: 20px">Communications/<BR>Media</TD> <TD style="WIDTH: 429px; HEIGHT: 20px" colSpan=2>Lisa Patterson, Communications Coordinator, City of Lawrence</TD> <TD style="WIDTH: 97px">Three year,<BR>2001-2004</TD></TR> <TR> <TD style="WIDTH: 154px; HEIGHT: 20px">Emergency <BR>Communications</TD> <TD style="WIDTH: 429px; HEIGHT: 20px" colSpan=2>Jim Denney, Emergency Communications Center</TD> <TD style="WIDTH: 97px">Permanent</TD></TR> <TR> <TD style="WIDTH: 154px; HEIGHT: 20px">Chemical <BR>Emergency<BR>Preparedness</TD> <TD style="WIDTH: 429px; HEIGHT: 20px" colSpan=2>Allen Rogers, Farmland Industries</TD> <TD style="WIDTH: 97px">Three year,<BR>2001-2004</TD></TR> <TR> <TD style="WIDTH: 154px; HEIGHT: 20px">Social Service<BR>Agency</TD> <TD style="WIDTH: 429px; HEIGHT: 20px" colSpan=2>Frank Scheetz, SRS</TD> <TD style="WIDTH: 97px">Three year,<BR>2003-2006</TD></TR> <TR> <TD style="WIDTH: 154px; HEIGHT: 20px">Utility</TD> <TD style="WIDTH: 429px; HEIGHT: 20px" colSpan=2>Richard Flannery, KPL/Western Resources </TD> <TD style="WIDTH: 97px">Three year,<BR>2003-2006</TD></TR></TBODY></TABLE></P> <P><STRONG> <TABLE borderColor=black cellSpacing=0 cellPadding=0 border=1> <TBODY> <TR> <TD style="WIDTH: 326px; HEIGHT: 20px"><STRONG>Officers: <BR>J&#160; Souders, Chair <BR>Dwayne Fuhlhage, Vice Chair</STRONG></TD> <TD style="WIDTH: 356px; HEIGHT: 20px"><STRONG>Executive Committee Members:<BR>Robert Trepinski<BR>Richard Flannery<BR>Shane Munsch</STRONG></TD></TR></TBODY></TABLE></STRONG></P> <P>Jones seconded and the motion carried unanimously.</P> <P><STRONG>PLANNING 07-28-03</STRONG><BR>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 d&#160;s 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.</P> <P>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. </P> <P>The following code citations are provided for reference related to this request:</P> <P><STRONG>Section 19A-4 Site Plan Contents:</STRONG></P> <P>A site plan shall:</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>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.</P> <P>Section 21-3 Modification of Height Regulations<BR>Section 21-3.01. Except in an Airport Hazard District, the height regulations as prescribed in this Resolution shall not apply to:</P> <P>7. Flag poles<BR>10. Monuments</P></BLOCKQUOTE> <P><STRONG>Summary:</STRONG><BR>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 d&#160;s not result in exposed bulbs and detract drivers on adjacent right-of-way.</P> <P>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 build ings, 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 d&#160;s 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 applica tion 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.</P> <P>Staff recommendations. Staff recommends approval of the revised site plan subject to the following conditions:</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>1. Provision of a revised site plan to include the following:<BR>a. Note that lights will be shielded<BR>b. Provide height of poles for the parking lot and the flagpole lights and flagpole structure<BR>2. Provide cut sheets for each type of light fixture.</P></BLOCKQUOTE> <P>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.</P> <P>Jones noted concerns about sky pollution.</P> <P>McElhaney made a motion to approve SP-06-42-03 subject to the above condi tions. Johnson seconded and the motion carried with Jones opposing.</P> <P><STRONG>PUBLIC WORKS 07-28-03</STRONG><BR>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.</P> <P>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.</P> <P>Eudora Township is currently not equipped to maintain chip sealed roads and d&#160;s 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.</P> <P>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 J&#160; 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 mainte nance 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 mainte nance 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 antici pated 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.</P> <P>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.</P> <P>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. </P> <P>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.</P> <P><STRONG>AGREEMENTS 07-28-03</STRONG><BR>The Board discussed a proposed lease of space on the monopole tower which is located in the parking lot of the Judicial &amp; Law Enforcement Center. Craig Weinaug, County Administrator, presented a proposed lease that has been negotiated between Douglas County and AT&amp;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&amp;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&amp;T, was also present for the discussion. McElhaney made a motion to authorize the Lease Agreement between Douglas County, Kansas and AT&amp;T Wireless, PCS, LLC, to add equipment to the monopole tower located in the parking lot of the Judicial &amp; 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.</P> <P><STRONG>PUBLIC WORKS &amp; RESOLUTIONS 07-28-03</STRONG><BR>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" desig nation for a portion of N 200 Road and requesting a recommendation from the Planning Commission. Motion was seconded by McElhaney and carried unani mously.</P> <P><STRONG>ACCOUNTS PAYABLE 07-28-03</STRONG><BR>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; elec tronic 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.</P> <P>McElhaney moved for adjournment; Jones seconded and the motion carried unanimously.</P> <P>______________________________ ________________________________<BR>Bob Johnson, Chair&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member</P> <P>ATTEST:</P> <P>______________________________ ________________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member</P>

<P>Johnson called meeting to order at 6:35 P.M. on Wednesday, August 20, 2003, with all members present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 08-20-03</STRONG><BR>Jones made a motion to approve the following Consent Agenda:</P> <UL> <LI>Consider approval of Commission Order No. 5158.&nbsp; Order is on file in the office of the County Clerk.</LI></UL> <P>McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>PUBLIC WORKS 08-20-03</STRONG> <BR>The Board discussed improvements to Eudora Township roads near Hesper (N 1100 Road, E 2300 Road, &amp; N 1137 Road). Members of the property owners group are willing to pay for the cost of improvements of the 2.4-2.5 miles of road.&nbsp; Keith Browning, Director of Public Works/County Engineer, presented the Board with several options that would meet with his approval for the improvements.&nbsp; After discussion of the different options was completed, it was the consensus of the Board to pay for the legal costs of establishing a "Benefit District" to help pay for the road improvements and annual maintenance. The Board also directed Craig Weinaug, County Administrator, Evan Ice, County Counselor, Keith Browning, Eugene Westerhouse, Eudora Township Trustee and a select few members of the property owners group to meet and discuss which option they prefer.</P> <P><STRONG>OUT-DISTRICT COLLEGE TUITION STATEMENTS 08-20-03</STRONG><BR>Jones moved approval of payments of three (3) Out-District College Tuition Statements in the amount of $28,272.&nbsp; Johnson seconded and the motion carried with McElhaney opposed.</P> <P><STRONG>RESOLUTIONS &amp; EMERGENCY MANAGEMENT 08-20-03</STRONG><BR>Jones made a motion to approve Resolution No. 03-21 providing for the imposi tion of restrictions on certain outdoor burning practices in the unincorporated area of Douglas County indefinitely which may be rescinded by the Chair. Johnson indicated he would not rescind the ban without Paula Phillips, Director of Emergency Management, and the fire chiefs being involved in the decision. McElhaney seconded and the motion carried unanimously. </P> <P><STRONG>MISCELLANEOUS 08-20-03</STRONG><BR>McElhaney discussed concerns about fire protection in Marion Township. Jones made a motion that the County Administrator be directed to ask the County Counselor to prepare a legal analysis of the options available to the Board to address this situation. Motion was seconded by McElhaney and carried unani mously.</P> <P><STRONG>APPOINTMENTS 08-20-03</STRONG><BR>Johnson made a motion to appoint Jason Edmonds to the Economic Develop ment Board to fill the unexpired term of Bob Walters. Motion was seconded by Jones and carried unanimously. It should be noted that this is a joint nomination by the Chair of the County Commission and the Mayor of the City of Lawrence.</P> <P><STRONG>MISCELLANEOUS 08-20-03</STRONG><BR>Scout Troop #59 attended the Commission meeting to earn their Communication and Citizenship merit badges.&nbsp; All introduced themselves to the Board.</P> <P>Jones moved for adjournment.&nbsp; McElhaney seconded and the motion carried unanimously.</P> <P>_____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member</P>

<P>Johnson called meeting to order at 9:03 A.M. on Monday, May 12, 2003.&nbsp; All members were present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 05-12-03</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5137 and 5138. Orders are file in the office of the County Clerk.</LI></UL> <P>Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>PUBLIC WORKS 05-12-03</STRONG><BR>The Board discussed a proposal received from Mike Stultz to contract with a qualified contractor to chip seal E 900 Road from US 40 Highway north to the entrance of Ranch Estates subdivision at Mr. Stultz' expense. Ranch Estates subdivision was developed by Mr. Stultz. John Selk, representing Mr. Stultz was present for the discussion. Keith Browning, Director of Public Works/County Engineer, was also present for the discussion. Browning explained that this section of E 900 Road was constructed as part of the K-10 Highway (SLT) construction project. As constructed, this road meets county standards regarding base rock depth and roadway width, and surpasses county standards for frontslopes, backslopes, and ditch width. The roadway will need to be prepared for chip sealing by ensuring a minimum 6" base rock depth, and blading, shap ing, and compacting the base rock. The base will need to be primed prior to applying a double chip seal. Approximately 3,550 linear feet of road would be chip sealed. The road is currently the maintenance responsibility of Kanwaka Township. It has been customary that Douglas County assumes maintenance responsibility of chip sealed roads outside of Wakarusa Township since other townships are not equipped to maintain chip seal roads. The Public Works Department estimates that total average annual maintenance costs for this section of roadway would be $3,550. The county already has assumed mainte nance of N 1663 Road, the roadway within Ranch Estates subdivision. Jones stated that he believed this was the worst decision this County Commission has made and is opposed to it. He also stated that he would be ok with fixing and maintaining until the tax base is there. McElhaney stated that he would support it and made the motion to authorize Mike Stultz to contract with a qualified contrac tor to chip seal E 900 Road from US 40 Highway north to the entrance into Ranch Estates subdivision in accordance with plans and specifications approved by the County Engineer and acknowledges that upon completion of the chip seal project, appropriate action will be taken for Douglas County to assume mainte nance of the roadway section. Johnson seconded the motion which carried 2-1 with Jones opposing.</P> <P><STRONG>INFORMATION TECHNOLOGY, PURCHASING, &amp; CONTRACTS 05-12-03<BR></STRONG>The Board discussed personal computer purchases for 2003. Jim Lawson, Director of Information Technology, was present for the discussion. Lawson explained that when the Board discussed computer purchases for 2002, staff had contacted four local computer makers/resellers requesting prices and received responses from three of those companies. Pricing was then compared to the prices of computers purchased utilizing the Western States Contracting Alliance (WSCA) contract. At that time, the WSCA contract price was $28 less per system than the lowest local company, Microtech. It was the Board's direction at that time to utilize Microtech Computers in order to keep the money local. At that time, Lawson voiced some concerns about ordering, delivery and service issues that have been experienced in the past with Microtech. The Board then directed Lawson to track problems for review in 2003. Lawson discussed various prob lems experienced with Microtech. He noted problems with the on-line ordering mechanism, quality of computers, i.e., at least six hard drive failures, multiple motherboard failures, and problems getting computers serviced when they have failures. Lawson then recommended the approval of the utilization of the WSCA contract for the rest of the 2003 computer purchases. He noted that Section 2.5 of the Purchasing Policy allows the County to make use of governmental cooper ative agreements with Commission approval. Johnson made a motion to autho rize the utilization of the WSCA contract for the purchase of computers for the remainder of 2003. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>SHERIFF &amp; JAIL, PURCHASING &amp; CONTRACTS 05-12-03</STRONG><BR>The Board discussed bids received for pharmaceutical services for inmates of the Douglas County Jail. Jackie Waggoner, Purchasing Agent, was present for the discussion. Jones made a motion to accept the bid submitted by QualiCare, Inc. to provide pharmaceutical services for inmates of the County Jail. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>PURCHASING &amp; COURTHOUSE 05-12-03</STRONG><BR>Waggoner then presented bids received for the purchase and installation of seventy-one (71) commercial grade draperies, including hardware, for the County Courthouse. Jones moved acceptance of the low bid received from Anderson Interiors in the amount of $14,900 for the purpose and installation of the draper ies. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>PURCHASING 05-12-03</STRONG><BR>Waggoner then presented information regarding bids received for long distance services. She explained that the County, City and Lawrence Public Schools issued a proposal request for long distance services. Proposals have been received and a committee of six has reviewed the scope of each proposal and invited Sunflower Broadband, Inter-Tel, Qwest, and SBC Communications in for interviews. Following this process, the committee unanimously agreed that SBC Communications has provided the best proposal. Waggoner requested the Board's authorization to negotiate with SBC Communications with respect to both features and cost. In the event the negotiations are unsuccessful, the committee would like the ability to open negotiations with Qwest. The award will be contin gent upon each entities approval process and the final recommendation will be presented to the Board following negotiations. McElhaney made the motion to authorize the committee to negotiate with SBC Communications with respect to both features and cost, and in the event negotiations are unsuccessful, the Board authorizes negotiations with Qwest. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>INSURANCE 05-12-03</STRONG><BR>Pam Madl, Director of Administrative Services, conducted a brief presentation with respect to health insurance utilization in 2002-03. Madl indicated that there will be&nbsp; a reserve of approximately $1.2 million and the maximum aggregate claim limit (before reinsurance kicks in) has been decreased by about $600,000 for the 2003-04 plan year. Given the same revenue levels, the plan will be fully funded with a reserve of approximately $1.8 million at the end of May 2004. Madl reported that it is the recommendation of the Health Insurance Committee to renew the health insurance plan with the same benefit levels and the same premiums for the 2003-2004 plan year. Madl also reported that the Committee also has two recommended policy changes:</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>(1) Elected Officials Retiree Eligibility. It is recommended that this eligibility be the same as for appointed staff, to be effective only for future elected officials (in other words, current elected officials would still be considered under the current policy): Elected officials who have served a minimum of ten (10) consecutive years and are of retirement age (as defined within the retirement plan in which they are participating). The current eligibility reads as follows: "Elected Officials who have served a minimum of four (4) years and are of retirement age (as defined within the retire ment plan in which they are participating).</P> <P>(2)&nbsp;Retirees Premium. It is recommended that it be County policy that the retiree must pay 55% of the health insurance premium for which he/she is enrolled. Currently the County subsidy is 52% for individual and 45% for retiree +1. Implementation of this change is recommended to be stag gered: approximately half of the increase ($6 for retiree only and $45 for retiree +1) would be effective on January 1, 2004; another increase on June 1, 2004 would then bring them up to the full 55%.</P></BLOCKQUOTE> <P>It was the consensus of the Board that the proposed changes be approved but that the Elected Officials Retiree Eligibility be changed to a minimum of eight (8) consecutive years instead of ten (10) consecutive years. This item will be placed on the Consent Agenda on June 2, 2003.</P> <P><STRONG>MISCELLANEOUS 05-12-03<BR></STRONG>The Board considered approval of a letter from the Douglas County Commission and the Lawrence City Commission to Governor Sebelius regarding the Environ mental Protection Agency's consideration of the boundary of an 8-hour ozone non-attainment designation area within the Kansas City region that might include Douglas County, Kansas. McElhaney made a motion to authorize the Chair to execute a letter to Governor Sebelius stating that Douglas County is not a significant contributor to Kansas City's air quality problem. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PARKS -- LONE STAR &amp; PUBLIC WORKS 05-12-03</STRONG><BR>The Board conducted a work session on waste treatment and related issues for lots in Lone Star Lake Park. No action was taken.</P> <P><STRONG>ACCOUNTS PAYABLE 05-12-03</STRONG><BR>Jones moved approval of accounts payable in the amounts of $838,710.09 to be paid 5/5/03 and $206,711.08 to be paid 5/12/03; accounts payable manual checks in the amount of $766.00; payroll in the amount of $570,240.58; and electronic funds transfers in the amounts of $42,132.61 for FICA and $31,876.56 for KPERS to be paid 5/2/03. McElhaney seconded and the motion carried unanimously.</P> <P>Jones moved for adjournment.&nbsp; McElhaney seconded and the motion carried.</P> <P>____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member</P>

<P>Johnson called meeting to order at 9:02 A.M. on Monday, September 29, 2003, with all members present. The Pledge of Allegiance was recited.</P> <P>Jones made a motion to approve the minutes of April 30, June 18, June 25, June 27, June 30, and July 28, 2003 with changes as noted.&nbsp; McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>PROCLAMATION 09-29-03<BR></STRONG>Johnson read a proclamation deeming the month of October as "Disability Employment Awareness Month."&nbsp; McElhaney made a motion approving the proclamation; Jones seconded and the motion passed unanimously.</P> <P><STRONG>CONSENT AGENDA 09-29-03</STRONG><BR>Jones made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Commission Order Nos. 5163 and 5164.&nbsp; Orders are on file in the office of the County Clerk; and</LI> <LI>Applications for Authorized Emergency Vehicle Permits for Randy Cheek, Danny Rake, and Sheila Rake.</LI></UL> <P>McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>TREASURER &amp; RESOLUTIONS&nbsp; 09-29-03</STRONG> <BR>Pat Wells presented the Judicial Tax Sale listing for approval.&nbsp; The Commission requested that staff review whether the County can establish a minimum price for property in the tax foreclosure sale, with the intent to recoup at least the amount ed owed in taxes on the property.&nbsp; Jones moved approval of Resolution No. 03- 25 ordering the sale; McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>TREASURER &amp; AGREEMENTS 09-29-03</STRONG><BR>Pat Wells informed the commission that HB 2397 changed the collection date of the second half of real estate and personal property taxes to May 10, which provides for a new distribution date of June 5, 2004.&nbsp; In order to ensure that political subdivisions are not harmed by this change in distribution, Ms. Wells requested that the Commission approve an additional distribution be added during the calendar year of July 20, 2004.&nbsp; Jones made a motion to approve this request; Johnson seconded.&nbsp; The motion carried unanimously.</P> <P><STRONG>HEALTH -- PUBLIC 09-29-03</STRONG><BR>Kay Kent, Director of the Lawrence-Douglas County Health Department, gave a detailed presentation on the Cryptosporidium outbreak in Douglas County. The Commission applauded efforts of Ms. Kent and her staff in dealing with this situation. </P> <P><STRONG>SEWER BENEFIT DISTRICTS 09-29-03</STRONG><BR>Lance Johnson of the Peridian Group initiated a discussion of the proposed sewer benefit districts for East Hills South (parcel across K-10 from Farmland).&nbsp; Representatives of the City of Lawrence were also present.&nbsp; Johnson's position is supportive as long as the districts are created appropriately, they are equita ble, and they don't cause problems downstream for the other Farmland acreage.&nbsp; Jones expressed concerns for the Farmland property not in the district; desires to ensure that it is appropriate to divide the property into five districts; and wants to be assured that the O'Connell Farm is included on a voluntary, willing basis, even for easement purposes.&nbsp; McElhaney feels that this project has been developed appropriately.</P> <P>In summary, the following expectations were established:</P> <UL> <LI>Work with HNTB to ensure that the trafficway route is compatible with these plans</LI> <LI>Verify that this plan d&#160;s not hinder the expansion of East Hills (includ ing the 87 acres currently excluded from the benefit district)</LI> <LI>Schedule another discussion with the developer about the merits of five benefit districts.</LI> <LI>Jones will check with O'Connell Youth Ranch to ensure that an ease ment for the line is available.</LI> <LI>The City, County and developer will put together a timetable for this project.</LI> <LI>Assumptions will be developed for waste loads for the 800 acres, the Farmland acreage, and the expanded East Hills acreage.</LI> <LI>A dollar/acre amount for the benefit district(s) will be calculated and available for the next meeting.</LI> <LI>Douglas County Admin. Services staff are to track their time and other costs associated with the development of this sewer benefit district.</LI></UL> <P><STRONG>APPOINTMENTS 09-29-03</STRONG><BR>Johnson made a motion to appoint Patty Jaimes as the Douglas County voting delegate at the KAC meeting in the absence of County Commissioners.&nbsp; Jones seconded and the motion carried unanimously.&nbsp; Jones also requested that Weinaug brief the commissioners on issues to be discussed at the KAC meeting so that they can provide input to Jaimes.</P> <P><STRONG>ACCOUNTS PAYABLE 09-29-03</STRONG><BR>Jones moved approval of accounts payable in the amount of $479,019.09 to be paid 9/29/03. Motion was seconded by McElhaney and carried unanimously.</P> <P>Jones moved for adjournment.&nbsp; McElhaney seconded and the motion carried.</P> <P>_____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member</P>

<P>The Board of County Commissioners of Douglas County met in special session with Commissioners Johnson and Jones present. Commissioner McElhaney was absent.</P> <P>Jones made a motion to appoint Kay Pesnell, Deputy Register of Deeds, to serve as a canvasser in the absence of Commissioner McElhaney; Johnson seconded and the motion carried.</P> <P>The purpose of the special meeting was to canvass the results of the Lecompton City election, which was held on Tuesday, April 2, 2002.</P> <P>No errors were found.</P> <P>Jones made a motion to adjourn; Johnson seconded and the motion carried.</P> <P>_____________________________&nbsp;_______________________________<BR>Bob Johnson, Member&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_______________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Kay Pesnell, Deputy Register of Deeds</P>

<P>Johnson called meeting to order at 6:35 P.M. on Wednesday, August 13, 2003, with all members present. The Pledge of Allegiance was recited.</P> <P>Jones moved approval of the minutes of March 26, March 31, April 4, April 9, and April 14, 2003. Motion was seconded by McElhaney and carried unani mously.</P> <P><STRONG>CONSENT AGENDA 08-13-03</STRONG><BR>McElhaney moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order No. 5156. Order is on file in the office of the County Clerk.</LI></UL> <P>Jones seconded and the motion carried unanimously.</P> <P><STRONG>BUDGET 08-13-03</STRONG><BR>As advertised, the Board conducted a public hearing regarding the 2004 budget. No comments were received. Jones made a motion to close the public hearing, seconded by Johnson and carried unanimously. Jones then made a motion to approve Resolution 03-18 expressing the property taxation policy of the Board of Douglas County Commissioners with respect to financing the 2004 annual budget for Douglas County. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>MISCELLANEOUS 08-13-03</STRONG><BR>Lynn Parman, Vice President of Economic Development of the Lawrence Chamber of Commerce, introduced Lavern Squier, the newly appointed Presi dent and CEO of the Chamber, Elisha Janesco, Marketing Manager, and Tanya Johnson, Director of Existing Business Programs. Parman then conducted a Business Retention Report presentation. Parman also presented the Douglas County Economic Development Quarterly Activity Report. Elisha Janesco presented the Business Relocation Guide. </P> <P>Jean Milstead, Chair of the Subcommittee of the Douglas County Economic Development Board, presented the Horizon 2020 Strategic Economic Develop ment Element. Milstead noted that the report has been presented to the cities of Eudora, Baldwin City, and the Lawrence City Commission.</P> <P>Johnson questioned Goals 1 and 2 which read as follows:</P> <P><STRONG>Goal 1: Employment Growth</STRONG><BR>Jobs will grow at a rate equal to or above that of population and housing. Targeted will be quality jobs with desirable incomes, benefits and career opportunities.</P> <P><STRONG>Goal 2: Tax Base Growth</STRONG><BR>Increase tax base at a rate equal to or greater than the rate of population and housing growth. To accomplish this goal, industrial/business growth must at least keep pace with residential growth.</P> <P>Johnson suggested that the goal should be to "grow greater than" instead of "equal to" population growth. He suggested that if we just grow equal to popula tion growth, we aren't gaining any ground and if you don't have a goal in excess of where you are now, you won't achieve it. Jones agreed noting that if our growth primarily stays residential, we're not going to make money economically. Jobs and the industrial base need to grow faster than the residential base. </P> <P>Jones made a motion to approve the Horizon 2020 Strategic Economic Develop ment Element as presented with the stipulation that the Economic Development Board revisit the language under Goals 1 and 2 and determine whether the language ought to emphasize the growth greater than as opposed to equal to. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>PLANNING 08-13-03</STRONG><BR>The Board discussed Item No. 3 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated 6/25/03. This item is CPA-2003-3: An amendment to Horizon 2020 to expand the Urban Growth Area as shown on the Transportation 2025 Land Use Map with the addition of the southern boundary extending to N 900 Road. Bryan Dyer, staff member of the Lawrence-Douglas County Metropolitan Planning Department, was present for the discussion. No action was taken.</P> <P><STRONG>PUBLIC WORKS 08-13-03</STRONG><BR>The Board discussed membership on the Regional Solid Waste Management Committee. Keith Browning, Director of Public Works/County Engineer, was present for the discussion. Browning explained that K.S.A. 65-3405 requires that each group of counties cooperating in a regional solid waste management plan shall establish a regional solid waste management committee. The duties of the committee are (1) be responsible for the preparation of the regional solid waste management plan (2) review the plan at least annually, and (3) provide o each Board of County Commissioners included in the region a report with the results of the annual plan review. Every five years the annual review shall be comprehen sive and shall include a public meeting. The five-year update for the Douglas- Jefferson County Regional Plan is due this year. </P> <P>Jefferson and Douglas counties entered into an agreement in 1994 that estab lished both counties as a region for solid waste planning purposes. Subsequent to formation of the region, a regional solid waste management committee was formed that consisted of 28 members. Many of the original committee members are no longer available to serve on the committee. Since 1998, the annual plan reviews have been performed by several "core" members of the Solid Waste Management Committee (typically city and county staff members and elected officials) and any original members who were available to meet.</P> <P>The membership of the committee needs to be updated. K.S.A. 65-3405 indi cates that committee shall be comprised of from five (5) to thirty (30) members. The membership shall include:</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>(1)&nbsp;Representatives of incorporated cities, not to exceed five members representing first class cities, three members representing second class cities, and one member representing third class cities;<BR>(2)&nbsp;One representative of unincorporated areas;<BR>(3)&nbsp;Representatives of the general public, citizen organizations, private industry, any private solid waste management industry operating in the counties;<BR>(4)&nbsp;The recycling coordinator of the county; and<BR>(5)&nbsp;Any other persons deemed appropriate by the county including, but not limited to, county commissioners, county engineers, county health officers and county planners. </P></BLOCKQUOTE> <P>Browning presented the following proposed membership list and asked the Board for input:</P> <UL> <LI>Travis Oliver -- Jefferson County Commissioner</LI> <LI>Charles Jones -- Douglas County Commissioner</LI> <LI>Mike Russell -- Kansas University</LI> <LI>Chuck Soules -- Lawrence Public Works Director</LI> <LI>Bob Yoos -- Lawrence Solid Waste Division Manager</LI> <LI>Bill Winegar -- Baldwin City Public Works</LI> <LI>Paul Studebaker -- Kanwaka Township, representing unincorporated areas</LI> <LI>Richard Ziesenis -- Lawrence-Douglas County Health Department</LI> <LI>Jim Clark -- Winchester, KS, representing unincorporated areas</LI> <LI>Brad Harries -- Oskaloosa, KS, general public member</LI> <LI>Jim McMillan -- Grantville, KS, general public member</LI> <LI>Keith Browning -- Douglas County Public Works Director</LI> <LI>Mike Rundle -- Lawrence City Commission</LI> <LI>Roy Paslay -- Lecompton, KS, general public member</LI> <LI>Elsie Tichenor -- Jefferson County Planning &amp; Zoning Director</LI> <LI>Debbie Nichols -- Oskaloosa, KS, general public member</LI> <LI>Bob Abel -- Jefferson County Auxiliary Services Director</LI> <LI>Charlie Sedlock -- Hamm Solid Waste Contractors</LI> <LI>2 vacant positions to be appointed by Lawrence Mayor David Dunfield</LI> <LI>1 vacant position to be appointed by the Jefferson County Commission</LI></UL> <P>Browning then explained that there was a position held by Dave Durkin that the Board may choose not to fill. He also noted that he had not been in contact with Paul Studebaker or Roy Paslay to see if they were available to continue serving. Jones made a motion that the position held by Dave Durkin not be filled and directed Browning to contact Paul Studebaker and Roy Paslay. If Studebaker and Paslay are not interested in serving, the Board directed Browning to elimi nate those positions as well. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>AGREEMENTS &amp; PUBLIC WORKS 08-13-03</STRONG><BR>The Board considered approval of Construction Engineering Force Agreement with Kansas Department of Transportation (KDOT) for Project No. 23 C-3688-01, Route 1029 Improvements. In late June, the Board approved submittal of a proposal to KDOT for the Public Works Department to perform construction engineering services for the Route 1029 project. KDOT has prepared a contract agreement based on our proposal that now needs approval by the Board. Under the contract, the Public Works Department will perform construction inspection for the project, and the County will be reimbursed for 80% of all inspection costs. The remaining 20% will be paid from the Public Works budget as regular sala ries. Under the contract, the upper limit of compensation is $162,827.44 of which 80% would be reimbursed. It is anticipated that the County's total costs will be below that upper limit. Jones moved approval of the Force Account Agreement with KDOT for the Public Works Department personnel to perform construction inspection services for Project No. 23 C-3688-01, Route 1029 improvements. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>ZONING 08-13-03<BR></STRONG>The Board discussed an illegal dumpsite in Douglas County located at 1706 North 1500 Road, Lawrence, KS 66046. Keith Dabney, Director of Zoning &amp; Codes, was present for the discussion. Dabney presented photographs and other written documentation resulting from this problem. This site is eligible for funding fro the Kansas Department of Health &amp; Environment (KDHE) from the Illegal Dump Program. After discussion, Jones made a motion to enter an agreement with KDHE to perform corrective action at the above-referenced illegal solid waste dumping site. Motion was seconded by Johnson and carried unanimously.</P> <P>&#160;<STRONG>OUT-DISTRICT COLLEGE TUITION STATEMENTS 08-13-03</STRONG><BR>Jones moved approval of eight (8) Out-District College Tuition Statements in the amount of $12,072. Johnson seconded and the motion carried with McElhaney opposed.</P> <P><STRONG>ACCOUNTS PAYABLE 08-13-03</STRONG><BR>Jones moved approval of accounts payable in the amounts of $244,103.90 to be paid 8/4/03; $703,045.66 to be paid 8/11/03; accounts payable manual checks in the amounts of $2,500.00, $766.00, and $1,350.00; and ACH Bank Transfers in the amount of $111,208.75 to be paid 8/29/03. Motion was seconded by McElhaney and carried unanimously.</P> <P>Jones moved for adjournment; McElhaney seconded and the motion carried unanimously.</P> <P>______________________________&nbsp;________________________________<BR>Bob Johnson, Chair&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Jere McElhaney, Member</P> <P>ATTEST:</P> <P>______________________________&nbsp;________________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member</P>

<P>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.</P> <P><STRONG>CONSENT AGENDA 08-18-03</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order No. 5157. Order is on file in the office of the County Clerk;</LI> <LI>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</LI> <LI>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.</LI></UL> <P>McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>HEALTH — PUBLIC AND ZONING 08-18-03</STRONG><BR>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.</P> <P>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:</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>1.&nbsp;A legal easement is obtained attaching the well to their subdivision, Lot #5;<BR>2.&nbsp;The property owners abide by all components of the Health Board's policy related to a well located within a platted subdivision; and<BR>3.&nbsp;Final approval of the variance is obtained from the County Commis sion.</P></BLOCKQUOTE> <P>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:</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>1.&nbsp;The property owners abide by all components of the Health Board's policy related to a cistern located within a subdivision; and<BR>2.&nbsp;Final approval of the variance is obtained from the County Commission.</P></BLOCKQUOTE> <P dir=ltr>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 d&#160;sn'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. </P> <P>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.</P> <P>The possibility of revoking the building permits was then discussed. Ziesenis advised the septic system permits had been revoked for these properties.</P> <P>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. </P> <P>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. </P> <P>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.</P> <P>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.</P> <P>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.</P> <P><STRONG>PLANNING 08-18-03</STRONG><BR>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 &amp; 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:</P> <P>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.</P> <P>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.</P> <P>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.</P> <P>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.</P> <P>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.</P> <P>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.</P> <P>Conformance with the Comprehensive Plan. The Conditional Use Permit for the proposed facility is not in conflict with Horizon 2020.</P> <P>AND subject to the following conditions:</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>1.&nbsp;Entrance permit from Willow Springs Township is required;<BR>2.&nbsp;Utility permits from Willow Springs Township and Douglas County Public Works is required for waterline installation within E 1300 Road right-of-way;<BR>3.&nbsp;Provision of a note on the face of the plan stating, "The Conditional Use Permit will be re-evaluated by the County Commission in Septem ber 2008. The CUP will expire in September, 2013. Continuation of the use beyond September 2013 will require rezoning or approval of a new CUP."<BR>4.&nbsp;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<BR>5.&nbsp;Provide a location map on the face of the plan showing the site loca tion and arterial roads and sections for 1 square mile.</P></BLOCKQUOTE> <P>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.</P> <P><STRONG>PLANNING 08-18-03</STRONG><BR>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 Condi tional 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:</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>1.&nbsp;The applicant will need to obtain a floodplain development permit from the Douglas County Zoning &amp; Codes Division, prior to any alteration, encroachment or substantial improvement to the existing property pe Douglas County Code Article 28.<BR>2.&nbsp;Label the roadways.<BR>3.&nbsp;Label the 100 year floodplain.</P></BLOCKQUOTE> <P>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.</P> <P><STRONG>PUBLIC WORKS &amp; RESOLUTIONS 08-18-03</STRONG><BR>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 establish ing 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.</P> <P><STRONG>COURTHOUSE &amp; PURCHASING 08-18-03</STRONG><BR>The Board discussed bids received for exterior painting of the Courthouse. McElhaney made a motion to approve the low bid received from Hardister Painting &amp; Decorating Service, Lawrence, KS in the amount of $22,445; motion was seconded by Jones and carried unanimously.</P> <P><STRONG>ACCOUNTS PAYABLE 08-18-03</STRONG><BR>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.</P> <P><STRONG>MISCELLANEOUS 08-18-03</STRONG><BR>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.&nbsp; </P> <P>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.</P> <P>Jones moved for adjournment; McElhaney seconded and the motion carried unanimously.</P> <P>______________________________&nbsp;________________________________<BR>Bob Johnson, Chair&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Jere McElhaney, Member</P> <P>ATTEST:</P> <P>______________________________&nbsp;________________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member</P>

<P>The Board of County Commissioners of Douglas County met in special session with McElhaney and Jones present. Johnson was absent. The purpose of the special meeting was to canvass the results of the Eudora Special Election, which was held on Tuesday, August 26, 2003.</P> <P>Jones made a motion to appoint Kay Pesnell, Deputy Register of Deeds, to serve as a canvasser in the absence of Commissioner Johnson; McElhaney seconded and the motion carried.</P> <P>Jo Dalquest, Deputy County Clerk, reported there were 19 provisional ballots. Dalquest made the recommendation that the Board count 12 of the provisional ballots. These were cast by individuals that had either moved and had not re- registered, or went to the wrong precinct. Dalquest then recommended that the remaining 6 not be counted. These were ballots that either did not have signa tures or were first time registrants. Jones made the motion to approve Dalquest's recommendations, seconded by McElhaney and carried unanimously. </P> <P>No errors were found.</P> <P><STRONG>COURTHOUSE, JUDICIAL &amp; LAW ENFORCEMENT CENTER &amp; AGREE MENTS 08-29-03</STRONG><BR>The Board discussed bids received for the exterior restoration of the Douglas County Courthouse and Judicial &amp; Law Enforcement Center. Jones moved approval of the low bid submitted by Commercial Waterproofing, Kansas City, MO, in the amount of $36,995 and authorized Craig Weinaug, County Adminis trator, or Pam Madl, Director of Administrative Services, to authorize change orders up to 10% of the total cost. Motion was seconded by McElhaney and carried.</P> <P>McElhaney moved for adjournment, Jones seconded and the motion carried.</P> <P>______________________________&nbsp;________________________________<BR>Jere McElhaney, Member&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member</P> <P>ATTEST:</P> <P>______________________________&nbsp;________________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Kay Pesnell, Register of Deeds</P>

<P>The Board conducted a joint study session with the Lawrence City Commission and the Lawrence-Douglas County Metropolitan Planning Commission to discuss the draft Lawrence Zoning Regulations. No action was taken.</P> <P>______________________________&nbsp;________________________________<BR>Bob Johnson, Chair&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Jere McElhaney, Member</P> <P>ATTEST:</P> <P>______________________________&nbsp;________________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member</P>

<P>Johnson called meeting to order at 9:02 A.M. on Monday, September 8, 2003, with Johnson &amp; Jones present. McElhaney was absent. The Pledge of Allegiance was recited.</P> <P>Jones moved approval of the minutes of May 12, June 2, July 2, and July 7, 2003. Johnson seconded and the motion carried.</P> <P><STRONG>CONSENT AGENDA 09-08-03</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5159, 5160 and 5161. Orders are on file in the office of the County Clerk;</LI> <LI>Note receipt of fee reports for the month of July; and</LI> <LI>Approve the 2004 Phase Delineation Chart.</LI></UL> <P>Motion was seconded by Johnson and carried.</P> <P><STRONG>RESOLUTIONS &amp; MISCELLANEOUS 09-08-03</STRONG><BR>The Board considered approval of a joint Ordinance of the City of Lawrence/Resolution of Douglas County, Kansas establishing the City and County Eco nomic Development Board and establishing procedures for the governance of the Board. Jim Martin, Co-Chair of the Lawrence-Douglas County Economic Development Board, conducted a brief presentation. Jones questioned the formalization of the existing structure. He requested that the Board look at possible structural changes over the next six (6) months. Jones then made a motion to approve Resolution No. 03-22 establishing the City and County Economic Development Board and establishing procedures for the governance of the Board and directed the Board to take a look at the structure, authority, function and membership and return to the County Commission in six (6) months with a report and recommendations. Johnson seconded and the motion carried.</P> <P><STRONG>ACCOUNTS PAYABLE 09-08-03</STRONG><BR>Jones moved approval of accounts payable in the amounts of $127,845.97 to be paid 9/2/03 and $77,908.91 to be paid 9/8/03; accounts payable manual checks in the amount of $766.00; payroll in the amount of $557,220.72; and electronic funds transfers in the amounts of $41,016.04 for FICA and $31,911.72 for KPERS. Johnson seconded and the motion carried.</P> <P>Jones moved for adjournment. Johnson seconded and the motion carried unanimously.</P> <P>_____________________________ _____________________________<BR>Bob Johnson, Chairman Charles Jones, Member</P> <P>ATTEST:</P> <P><BR>_____________________________<BR>Patty Jaimes, County Clerk</P>

<P>&nbsp;The Board met in Special Session with the Lawrence City Commission at 5:30 P.M. on Tuesday, September 9, 2003. The purpose of the Special Session was to discuss possible acquisition of real estate. Johnson made a motion that the Board recess into Executive Session until 6:30 P.M. with the Lawrence City Commission and the Director of Economic Development to discuss possible acquisition of real estate. Jones seconded and the motion carried unanimously. The Board returned to Special Session at 6:28 P.M. No action was taken.</P> <P>McElhaney moved for adjournment; Jones seconded and the motion carried unanimously.</P> <P>______________________________&nbsp;________________________________<BR>Bob Johnson, Chair&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Jere McElhaney, Member</P> <P>ATTEST:</P> <P>______________________________&nbsp;________________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member</P>

<P>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.</P> <P><STRONG>CONSENT AGENDA 09-17-03</STRONG><BR>Jones made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Commission Order No. 5160.&nbsp; Order is on file in the office of the County Clerk.</LI></UL> <P>McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>PUBLIC WORKS &amp; CONTRACTS 09-17-03</STRONG><BR>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 Engi neer, 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.</P> <P><STRONG>PUBLIC WORKS &amp; RESOLUTIONS 09-17-03</STRONG><BR>Browning presented a resolution establishing temporary weight limits for com mercial 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 estab lishing 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 construc tion on Douglas County Route 1029 (Project No. 23 C-3688-01). Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PUBLIC WORKS &amp; RESOLUTIONS 09-17-03</STRONG><BR>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.</P> <P><STRONG>PLANNING 09-17-03</STRONG><BR>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 &amp; 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 recommen dation for approval based upon the following Findings of Fact:</P> <P>Zoning and uses of property nearby. Surrounding zoning includes A (Agricul tural) on all sides. Surrounding land uses are primarily agricultural.</P> <P>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.</P> <P>Suitability of subject property for the uses to which it has been restricted.<BR>A Conditional Use Permit (CUP) d&#160;s 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 develop ment 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.</P> <P>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.</P> <P>Extent to which removal of restrictions will detrimentally affect nearby property. Approval of a Conditional Use Permit request d&#160;s not alter the base- zoning district. The current request is for a Conditional Use Permit to allow improvements for a rural water district provider.</P> <P>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 custom ers.</P> <P>Conformance with The Comprehensive Plan. The Conditional Use Permit for the facility is consistent with the applicable goals and policies in Horizon 2020.</P> <P>Ross Jones expressed concerns about chemical storage. Mike Streebin, repre sentative of Franklin County Rural Water District #5, stated that sodium phos phate 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.</P> <P><STRONG>PLANNING 09-17-03</STRONG><BR>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. </P> <P>The following is a summary of the Board's discussion: </P> <UL> <LI>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</LI> <LI>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.</LI> <LI>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</LI> <LI>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. </LI> <LI>More information regarding infill capacity already within the city.</LI> <LI>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."</LI> <LI>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.</LI> <LI>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.</LI> <LI>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 d&#160;s 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.</LI> <LI>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.</LI> <LI>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.</LI> <LI>Staff will restate an inconsistency identified by the Board between statements on pages 3-4 and 3-7 with regard to floodplain develop ment.</LI> <LI>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.</LI></UL> <P>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.</P> <P><STRONG>APPOINTMENTS 09-17-03</STRONG><BR>Johnson made a motion to reappoint Verdell Taylor, 3205 W. 26th Street, Law rence, 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.</P> <P><STRONG>APPOINTMENTS 09-17-03</STRONG><BR>Johnson made a motion to appoint J&#160; 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 unani mously.</P> <P><STRONG>ACCOUNTS PAYABLE 09-17-03</STRONG><BR>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.</P> <P>McElhaney moved for adjournment.&nbsp; Jones seconded and the motion carried.</P> <P>_____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member</P>

<P>Johnson called meeting to order at 6:35 P.M. on Wednesday, October 8, 2003, with all members present. The Pledge of Allegiance was recited.</P> <P>Johnson moved approval of the minutes of July 9, August 13, August 18, August 20, August 29, September 3, September 8, September 9, September 17, and September 29, as amended. Motion was seconded by Jones and carried unanimously.</P> <P>Johnson introduced Max Phillips, the representative from Lawrence High School.</P> <P><STRONG>PROCLAMATIONS 10-08-03</STRONG><BR>Reagan Heikes read a proclamation proclaiming October 5-11, 2003 as "National 4-H Week" in Douglas County. Jones moved approval of the proclamation as read; McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>PROCLAMATIONS 10-08-03</STRONG><BR>Johnson read a proclamation proclaiming Friday, October 10, 2003 as "Put the Brakes on Fatalities Day in Douglas County." McElhaney made a motion to adopt the proclamation as read, seconded by Jones and carried unanimously. The Board directed Keith Browning, Director o