October 18, 2006
At 6:00 p.m., Johnson moved for the Board to go into executive session with Craig Weinaug, County Administrator, and Keith Browning, Director of Public Works, to discuss potential litigation with County Counselor. The motion was seconded by McElhaney and carried unanimously. The Board returned to regular session at 6:30 p.m. Jones made a motion to approve a letter from the Douglas County Board of Commissioners to the Jefferson County Board of Commissioners with a copy to be sent to the Kansas Department of Transportation. McElhaney seconded the motion noting all three Commissioners’ signatures on the letter. The motion carried unanimously.
Johnson called the meeting to order at 6:35 p.m. on Wednesday, October 18, 2006
with all members present. The Pledge of Allegiance was recited.
CONSENT AGENDA 10-18-06
Jones moved approval of the following Consent Agenda:
►Approve Acquisition of Easement; Drainage Structure No. 2.81N – 3.00E;
►Approve Resolution Establishing Speed Limit on portion of E 1400 Road and N 650 Road in Willow Springs and Palmyra Townships; and
►Note receipt of fee reports for the months of August and September 2006.
The motion was seconded by McElhaney and carried unanimously.
SUBDIVISION REGULATIONS & PLANNING 10-18-06
The Board continued the discussion on proposed items: amendments to CPA-2006-1, Comprehensive Plan, Horizon 2020, Chapters 4 &5; the adoption of TA-01-02-06 and TA-01-03-06, and TA-12-05-03 revisions recommended to the floodplain management requirements for residential development within the Urban Growth Area of Lawrence, as tabled from the Wednesday, October 11, 2006 meeting.
David Guntert, Lawrence/Douglas County Metropolitan Planning Department, summarized the basic areas of discussion by the Planning Commission, recommending approval of the subdivision regulations with proposed amendments, which were passed out to all in attendance. During the discussion on Conservation Cluster Development [20-804], Johnson defined the term “paved road” to mean a “hard surfaced road” required for acceptable residential development roads. The City of Lawrence will need to act on the Subdivision Regulations at a future date. Johnson opened the meeting for public comment.
Dorthea Jackson, Douglas County resident, questioned the proposed road frontage and if people with existing acreage could get a building permit with 250 foot of frontage.
Dave Henry, Douglas County resident, commented it would be unfair for the new regulations to apply retroactively.
Dennis Snodgrass, Douglas County resident, asked for clarification regarding the proposed Conservation Easements and the percentage of land to be set aside until annexation.
Ron Skaggs, Douglas County resident, commented that it is hard to keep people informed. Most people now understand the 20 acre split, but feel many two or three splits won’t apply with the 330 foot frontage requirement.
Bruce Snodgrass, Douglas County resident, questioned whether there are stipulations on rural wells.
Mike Flory thanked the Board for their time into making Douglas County a great place to live. He stated concerned about property owners with only 17 acres of land, not having a full 20 acres required to split under the new regulations.
McElhaney made a motion to close the public hearing. Jones seconded the motion and it carried 3-0.
Sheila Stogsdill, Acting Director of the Lawrence/Douglas County Metropolitan Planning Department, clarified that if a property owner is eligible for a building permit today, he or she can use a well. If new lots are being created in the Lawrence Urban Growth Area, the owner must have access to public water.
Jones stated for the record, the Board needs to have a serious implementation discussion on how we are going to implement the new regulations as soon as they are passed. The Board may need to set up a series of meetings to explain to people what the new regulations are, how people are going to be informed and resolve issues either administratively or by amending the documents. The Board also needs to have a serious discussion on the issue of water with all the parties available, specifically about how to make rural water available to everyone. The Board also needs to reinforce the fact that it is open to the discussion of preserving the things that ought to be preserved, but that its approach should be incentive driven as opposed to regulatory.
Jones moved to approve the Comprehensive Plan Amendment to Chapter 4 of Horizon 2020 as recommended by the Planning Commission. Motion was seconded by McElhaney and carried 3-0.
Jones moved to approve the Comprehensive Plan Amendment to Chapter 5 of Horizon 2020 as recommended by the Planning Commission. Motion was seconded by McElhaney and carried 3-0.
Jones moved to approve the Subdivision Regulations as amended in discussions on October 11, 2006 and October 18, 2006 and forward to the City Commission for consideration. Motion was seconded by McElhaney and carried 3-0.
Jones moved to approve the proposed changes to the Zoning Regulations Articles 6, 7 & 18 amended and specifically including the revised language that was provided by Linda Finger which references the Home Rule for the Access Management in relation to the vested rights and to change that date from November 11, 2006 to December 31, 2006. Motion was seconded by McElhaney and carried 3-0.
Jones moved to approve the Text Amendment to Article 28 of Zoning Regulations to amend the Flood Plain Regulations as recommend by the Planning Commission earlier this spring. Motion was seconded by McElhaney and carried 3-0
SUBDIVISION REGULATIONS & PUBLIC WORKS 10-18-06
The Board discussed the proposal of a Home Rule Resolution for Access Management and Road Classification Standards that creates Article 5 in Chapter IX of the Douglas County Code. Keith Browning, Director of Public Works, questioned whether a survey or a deed defines a separate tract of ground. The Board discussed adding a “Plat of Survey” to the Home Rule Resolution wordage, to determine separate parcels along with the filing of a deed or Affidavit of Equitable Interest with the Register of Deed’s office.
Browning also discussed concerns for existing properties that won’t meet the new frontage requirements. Jones stated there must be a mutually acceptable agreement between landowners and Douglas County. The Board’s goal is to find a compromise between the landowner’s interest and the Board’s desire to decrease the number of curb cuts on major arterial roads. This falls under items that will need to be discussed after implementing the new policy and a procedure will need to be determined by the Board with an appeal process to cover properties not meeting frontage requirements. If there is a better choice such as a shared entrance, the Board may explore a mutually acceptable option.
The Board directed the Director of Public Works to revise the language to the proposed Home Rule Resolution and to place the Resolution under the Consent Agenda for the next meeting.
ACCOUNTS PAYABLE 10-18-06
Jones moved approval of manual checks in the amounts of $108.68 and $200.16 to be paid 10/12/06; accounts payable in the amount of $688,398.11 to be paid 10/16/06; and FICA in the amount of $50,827.54 and KPERS in the amount of $54,929.98 to be paid on 10/13/06. The motion was seconded by McElhaney and carried unanimously.
MISCELLANEOUS 10-18-06
Kay Pesnell, Register of Deeds, clarified that a survey establishes a tract, but not ownership of property.
Jones moved to adjourn the meeting; McElhaney seconded and the motion carried unanimously.
_________________________ _____________________________
Bob Johnson, Chairman Jere McElhaney, Member
ATTEST:
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Jamie Shew, County Clerk Charles Jones, Member