Meeting Information
-11:45 a.m.-<1/2xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com:office:smarttags" />1 p.m. -Joint Legislative Delegation/Commission Luncheon, will be held in Room 783 of the Docking Building in Topeka.
Jones called the regular session meeting to order at 6:35 p.m. on Wednesday, March 4, 2009 with all members present.
CONSENT AGENDA 03-04-09
Jones moved approval of the following Consent Agenda:
► Commission Order Nos. 09-009, 09-010, 09-011, 09-012 and 09-013 (on file with the office of the Clerk); and
► Acknowledgement of fee Reports for January 2009 and additional reports from 2008.
Motion was seconded by Flory and carried unanimously.
PUBLIC WORKS 03-04-09
The Board considered the following project applications to submit to KDOT for the American Recovery & Reinvestment Act (ARRA) funding: Route 438 reconstruction from Route 1029 to K-10 intersection, Route 1057 resurfacing from K-10 highway to Route 442, and Route 438 overlay from 1500 feet east of US-59 east of US-59 to Route 1055 (E 1500 Road) in that order of priority. Keith Browning, Director of Public Works, presented the item to the Board. He suggested that the County fund a portion of the projects to show KDOT the County's commitment toward the projects. Browning recommended the following contributions: 1) The County would fund approximately 50% of the of the $3.1 million Route 438 Project; 2) and approximately 20% (or $100,000) of the Route 1057 resurfacing and Route 458 overlay projects. Browning commented that we are well in position to receive funding for the Route 438 project, but submitting applications for two other less expensive projects will increase our chances of receiving federal ARRA funding.
Jones moved to follow staff's recommendation to submit to KDOT the following projects: 1) Route 438 reconstruction from Route 1029 to K-10 Intersection; 2) Route 1057 resurfacing from K-10 highway to Route 442; and 3) Route 458 overlay from 1500 feet east of US-59 to Route 1055 (E 1500 Road) in that order of priority; and the Board authorized the County to contribute portions to the projects as recommended above by staff. Motion was seconded by Thellman and carried unanimously.
PLANNING 03-04-09
The Board considered CPA-2004-02, a Comprehensive Plan Amendment to Horizon 2020, Chapter 7: Industrial and Employment Related Land Use and Joint City Ordinance No. 8283/County Resolution for Comprehensive Plan Amendment (CPA-2004-02) to Horizon 2020, Chapter 7. The item was presented by Scott McCullough, Lawrence-Douglas County Metropolitan Planning Director. The item was approved by the Planning Commission on May 21, 2008 on a 7-2 vote.
At the January 26, 2009 meeting, the Board of County Commissioners adopted Resolution 09-02 repealing the November 12, 2008 adopted Resolution 08-50.
McCullough stated it was his understanding that Thellman suggested adding a two-word addition (soil conserving) to the beginning of the second sentence of the last paragraph on page 7-8.
Jones asked for clarification on the term "agri-industry business." McCullough stated the term refers to an industry that makes use of the agricultural elements we have on the "snowflake" sites. However, the term is open for future interpretation. It could include animal and crop research in addition to prime agricultural land.
Thellman stated she is concerned about setting aside prime agricultural Class 1 and 2 soils. She would like to see real momentum behind trying to find funding to offer private landowners an appropriate reward for their valued land. Inviting agri-business industrial without telling them to save Class 1 and 2 soil for its best use is not making a strong statement. Adding the wording "soil conserving" encourages the agri-industry business to do this.
Jones opened the item for public comment.
Gary Price, President of the Douglas County Farm Bureau, stated his definition of "soil conserving" relates to erosion, and to "conserve the soil" means you engage in farming practices that prevent erosion. He d s not feel the proposed language is appropriate.
Beth Johnson, Chamber of Commerce, stated she is not in favor of adding the words "soil conserving." She is concerned about the definition of agri-business and relaying that definition to prospective businesses. She feels there are other ways to preserve the intended language.
Barbara Clark, local grower, showed maps locating areas of Class 1 and 2 soils throughout Douglas County. The American Planning Association recommends communities must conduct preservation of productive agricultural land. She stated the land should be preserved in large contiguous blocks. The airport site has 90% capability Class 1 soil. We should put out some effort to preserve these soils.
Charles Marsh, Citizen for Responsible Planning, spoke in favor of adding "soil conserving" but preferred the Commission go back to the green language proposed by Commissioner Amyx last year that added protection of Class soils 1 and 2 to the location criteria. He stated he was happy to hear Commissioner Thellman's statement that landowners should be compensated for having to reserve their land.
Michael Almon, Member of Sustainability Action Network and Citizen for Responsible Planning, made reference to many comments made by the Planning Commission during their discussion on Chapter 7. He is in favor of adding the "soil conserving" wording.
Bob Rhoton, Farm Credit, stated adding the proposed wording would take away development rights of the landowners. He asked the Board to keep in mind that we are not just targeting one place, but the whole county.
Jones moved to close the public comment. Motion was seconded by Flory and carried unanimously.
Jones commented that both options presented, the one recommended by the Planning Commission and the one with the recommended wording of "soil conserving" are better language than what is currently in place at this time.
Flory stated he still feels the soil language can be handled under Chapter 16, however, he is not opposed the "soil conserving" version of the language.
Thellman stated the key is to strike a chord of reasonableness. She understands there are many sides to the issue and we need to be attentive to the Chapter 16 process when it comes along. She will continue to advocate for language that values farm soils
Jones stated he will go along with the majority. He is worried that if the City d sn't adopt the "soil conserving" language we get hamstrung without better language in place. He hopes the City will accept the new wording as a friendly amendment. He also stated that as fuel prices go up rail will become a more important part of transportation and economic development. So there will be continued discussion on what happens regarding industrial locations.
Thellman moved to adopt the second recommendation: a revised CPS-2004-2, with the added two words, soil conserving, to the beginning of the second sentence in the last paragraph on p. 7-8, amending Horizon 2020, Chapter 7, and adopting Joint City Ordinance 8283 and County Resolution. Motion was seconded by Flory and carried unanimously.
ACCOUNTS PAYABLE 03-04-09
Jones moved to approve accounts payable in the amount of $623,221.17 paid on 03/02/09; a wire transfer in the amount of $32,305.13 paid on 02/27/09; payroll in the amount of $733,852.07 paid on 02/27/09; KPERS in the amount of $66,310.80 paid on 02/27/09; and FICA in the amount of $54,117.92 paid on 02/27/09. Motion was seconded by Flory and carried unanimously.
Jones moved to adjourn; Flory seconded and the motion carried.
____________________________ ____________________________
Charles Jones, Chairman Nancy Thellman, Vice-Chair
ATTEST:
_____________________________ _____________________________
Jamie Shew, County Clerk Jim Flory, Member
Time and Date