Meeting Information
-Convene
-The Pledge of Allegiance
-Consider proclamation for "Suicide Prevention Week" (Marcia Epstein)
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders;
REGULAR AGENDA
Planning Items:
(2) (a) TA-06-13-07: Consider amendments to Article 8 (Joint City/County Subdivision Regulations) of the Development Code to modify requirements for topographical surveys. Initiated by Planning Commission on June 25, 2007. (J Rexwinkle is the Planner)
(b) TA-05-08-07: Consider amendments to City/County Subdivision Regulations to address concerns identified in the 3/1/07 work session with City & County staff. (J Rexwinkle is the Planner)
(3) Receive memo regarding text amendment to subdivision regulations to establish a stabilized road surface standard within the UGA (Keith Browning and Linda Finger)
(4) Discuss letter from U.S. Army Corps of Engineers requesting signature on first amendment to Memorandum of Agreement (Pam Madl)
(5) Consider approval of a Resolution to order County Counselor to institute a real estate tax foreclosure action in District Court in the name of The Board of County Commissioners (Paula Gilchrist)
(6) Executive Session for the purpose of consultation with County Counselor on matters, which would be deemed, privileged under the attorney-client relationship. The justification is to maintain attorney client privilege on a matter involving Douglas County.
(7) Other Business
(a) Consider approval of Accounts Payable (if necessary)
(b) Appointments
(c) Miscellaneous
(d) Public Comment
(8) Adjourn
Johnson called the meeting to order at 8:35 a.m. on Monday, September 10, 2007 with all members present.
PROCLAMATION 09-10-07
Marsha Epstein, Headquarters Counseling Center; Maley Wilkins, People's Bank; and Trent McKinley, Lawrence Police Department, were present to support a request for a Proclamation proclaiming the week of September 9-15, 2007, as "Suicide Prevention Week." Jones moved to approve the Proclamation; Johnson seconded and the motion carried unanimously.
CONSENT AGENDA 09-10-07
Jones moved approval of the following Consent Agenda:
► Commission Orders Nos. 07-156, 07-157, and 07-419 (on file in the office of the County Clerk); and
Motion was seconded by McElhaney and carried unanimously.
PUBLIC WORKS 09-10-07
Keith Browning, Director of Public Works, asked for clarification from the Board on their intent regarding the "hard surfaced road" requirement in the subdivision regulations for developments within the UGA. The intent was not necessarily an asphalt or chip sealed road surface. Wakarusa Township is the only township with the capability to maintain chip sealed road surfaces. Grant and Kanwaka townships could maintain, "stabilized surfaced roads" using routine rock road maintenance practices and blading, which would require applications of a binding agent or dust palliative to retain the dust suppression.
Johnson stated the Board's intent was to hold the rural subdivisions outside the UGA to the same standards as those in the UGA. During the process of compromise, the Board chose to instead allow three divisions on a 20 acres parcel and the wording regarding hard-surfaced roads was not removed, creating a hurdle for many townships.
Jones stated the issues he wants to balance are the people that have been there already and then the issue of dust. He stated the Board may need to have a discussion regarding whether the UGA really needs to extend all the way to the Jefferson County line or whether the policy in itself is appropriate anywhere.
McElhaney stated he would like to know the additional costs for the County to maintain chip sealed road surfaces throughout all townships. Browning stated many townships cannot maintain the chip sealed road surfaces themselves, but could contract out. The County contracts out it's chip sealed work, currently costing about $15,000 per mile, which is a topical seal with rock chips for about 40 miles total. It would cost more per mile to do less mileage.
Jones stated the Board needs to step back and revisit what they are trying to accomplish. Johnson commented that unintentionally the Board created a standard that cannot be met.
Dean Grob, Grob Engineering Services, stated he has a project on hold in Grant Township on N 1900 Road and Jahmar Acres, and asked the Board if the road met the regulations requirement for a hard-surfaced road.
After discussion, Jones moved to determine N 1900 Road and the roads in Jahmar Acres comply with the Subdivision Regulations. The motion was seconded by McElhaney and carried unanimously.
Chris Huston, Huston Homes representing Todd and Kristen Overzan, asked the Board to reexamine the Cluster Development Regulations and UGA Boundaries. He stated the hard-surfaced road issue will make it financially unfeasible for his client to put in a mile of road.
It was the consensus of the Board to schedule a discussion on the wording of "direct access to hard-surfaced roads" within the UGA. Jones asked staff to verify if the City has a position on whether they prefer to annex gravel roads or a substandard hard-surfaced roads. The consensus response was that it did not matter because neither meets city codes.
TREASURER & PROPERTY TAXES 09-10-07
Jones moved to approve Resolution 07-36, directing the County Counselor to institute a judicial tax foreclosure action in the District Court of Douglas County, Kansas. The motion was seconded by McElhaney and carried unanimously.
ROADS & SOUTH LAWRENCE TRAFFICWAY 09-10-07
The Board discussed a letter from the U.S. Army Corps of Engineers concerning a request from the Federal Highway Administration (FHWA) to become a signatory to the existing Memorandum of Agreement (MOA) that mitigates the adverse effect to historic properties resulting from the proposed construction of the South Lawrence Trafficway. The original MOA was executed on June 20, 2003.
Laura Ruth, Lawrence resident, asked for a copy of the letter and memorandum for review and questioned whether the Board has the authority to deny federal money. (Copies were provided at the meeting for those who requested them)
Johnson moved to approve the First Amendment to the 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 the Advisory Council on Historic Preservation regarding the Kansas Highway 10 Bypass (South Lawrence Trafficway) in Douglas County, Kansas. The motion was seconded by McElhaney and carried 2-1, with Jones on opposition.
PLANNING/TEXT ADMENDMENTS TO SUBDIVISION REGULATIONS 09-10-07
The Board considered amendments to Article 8 (Joint City/County Subdivision Regulations) and Article 13 for the Development Code to modify requirements for topographical surveys. J Rexwinkle, Lawrence-Douglas County Metropolitan Planning Department, was present for discussion. The amendment would permit an applicant for a site plan or subdivision to use the City or Douglas County's aerial topography data to fulfill the requirement for showing topography on the site, which is subject of the application instead of providing an actual field survey of the site.
Jones moved approval of the proposed revisions [TA-06-13-07] to Section 20-812(a)(viii) of the "Land Development Code, June 26, 2007 Edition" to the City Commission and Board of County Commissioners and Section 20-1305(f)(vii) of the "Land Development Code, June 26, 2007 Edition" to the City Commission; and to add the words "Douglas County" into the wording of City of Lawrence aerial topography. The motion was seconded by McElhaney and carried unanimously.
PLANNING/TEXT ADMENDMENTS TO SUBDIVISION REGULATIONS 09-10-07
The Board considered item TA-05-08-07, amendments to City/County Subdivision Regulations to address concerns identified in the March 1, 2007 work session with staff. Linda Finger, Planning Resource Coordinator, and J Rexwinkle, Lawrence-Douglas County Metropolitan Planning Department, were present for discussion.
Jones moved approval to authorize staff to draft a resolution adopting changes to TA-05-08-07; with the exception of 20-806 (f) (1) leaving, the original wording as "tract of land"; McElhaney seconded and the motion carried unanimously.
Jones moved to direct staff to draft language for the initiation of four new text amendments for roads, publicly treated water, clarification of conservations easements/set asides and the appeals process. The motion was seconded by McElhaney and carried unanimously.
ACCOUNTS PAYABLE 09-10-07
Jones moved to approve accounts payable in the amount of $214,558.17 to be paid on 09/10/07. Johnson seconded the motion and it carried 3-0.
EXECUTIVE SESSION 09-10-07
At 10:40 a.m., Johnson moved that the Board recess into Executive Session until 11:20 a.m. to discuss a matter, which would be deemed, privileged under the attorney-client relationship. The justification is to maintain attorney client privilege on a matter involving the City and Douglas County. Other attendees included: Evan Ice, County Counselor; Craig Weinaug, County Administrator; Pam Madl, Assistant County Administrator; and Jenny Hesseltine, County Administrator Intern. The motion was seconded by Jones and carried.
At 11:20 a.m., Johnson moved for the Board to return to regular session; Jones seconded and the motion and carried. No action was taken.
FAIRGROUNDS 09-10-07
The Board reviewed finalized plans for the Dreher Building. It was noted that the building has been downsized due to cost and a basement was added. The building budget is $600,000 with $80,000 reserved for furnishing. The County will pay for the cost of the basement and has designated the basement as County storage area. Breakdown for County expenditures is as follows:
$105,000 for the basement itself
$ 13,300 for the floor structure
$ 30,000 for the fire sprinkler system
$148,000 Total
It was a consensus from the County Commission that the plans were acceptable.
Johnson moved to adjourn the meeting; Jones seconded and the motion carried.
____________________________ ____________________________
Bob Johnson, Chairman Jere McElhaney, Vice Chair
ATTEST:
_____________________________ ____________________________
Jamie Shew, County Clerk Charles Jones, Member
Time and Date