Meeting Information
8:30 A.M. (Meet in the Commission Chamber)
-Convene
-Consider approval of minutes for March 5, 2008
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders;
(b) Consider approval of resolutions establishing speed limits on E 1000 Road between US-40 and Route 438 (Keith Browning); and
(c) Consider approval of resolution establishing 25-mph speed limit on N 375 Road near Baldwin (Keith Browning)
REGULAR AGENDA
(2) Discussion with Judge Fairchild about Judge Pro Temp position (Craig Weinaug)-
No backup
(3) Report from Sheriff on jail re-entry initiatives (Ken McGovern)-No backup
(4) Consider approval of a resolution amending the access management regulations of Chapter IX of the County Code to allow the Public Works Director to waive minimum frontage and enter into access restriction agreements. (Linda Finger/Keith Browning)
(5) Initiate amendment to Article 18, County Zoning Regulations to be consistent with amendment with the access management regulations (Linda Finger/Keith Browning)
(6) Initiate amendment to Article 19, County Zoning Regulations to add a new use for "value-added agricultural business" based on Commission discussion with Mr. Schaetzel on March 24th. (Linda Finger)
(7) County work session on Application Process/Procedure issues (Scott McCullough)
(8) Discussion of roof repair options for courthouse (Jere McElhaney)
(9) Other Business
(a) Consider approval of Accounts Payable (if necessary)
(b) Appointments
(c) Miscellaneous
(d) Public Comment
(10) Adjourn
Johnson called the meeting to order at 8:30 a.m. on Monday, April 14, 2008 with two members present. McElhaney arrived at a later time.
Jones moved to approve the minutes March 5, 2008. Motion was seconded by Johnson and carried 2-0.
CONSENT AGENDA 04-14-08
Johnson moved approval of the following Consent Agenda:
►Commission Order Nos. 08-033 and 08-034 (on file with the office of the Clerk);
► Resolution 08-11 establishing a 35 miles per hour maximum speed limit on a portion of E 1000 Road in Wakarusa and Kanwaka Townships (between N 1700 Road and N 1750 Road) and a Resolution 08-12 establishing a 40 miles per hour maximum speed limit on portions of E 1000 road in Wakarusa and Kanwaka Townships (between the Lawrence City Limits and N 1700 Road, and between N1750 Road and route 438); and
►Resolution 08-13 establishing a 25 miles per hour maximum speed limit on a portion of N 375 Road in Palmyra Township (on N 375 Road between E 1750 Road and Route 12 (N 400 Road).
The motion was seconded by Jones and carried 2-0.
DISTRICT COURT 04-14-08
The Board conducted a discussion with Judge Robert Fairchild regarding the Pro Tem position created by the County Commission and funded by the County. Judge Peggy Kittle, current Pro Tem Judge, has accepted a position in Division VI replacing Judge Six leaving the position vacant. The original intent when creating the position was that it was a temporary position.
Judge Fairchild stated Judge Kittle handled 6,000 cases last year. Notice has been sent out to fill the position since there is money in the budget to cover the position for the rest of the year. Jones asked Judge Fairchild to place a hold on filling that position until a decision has been reached by the Board.
It was the consensus of the Board to table the discussion so Judge Fairchild can write a letter to the Board justifying the need for continuing the Pro Tem position and to place this item back on a future agenda for discussion.
Judge Fairchild offered to contact Eric Rosen, Departmental Justice, to meet with the Board regarding the State assuming responsibility for this position.
SHERIFF 04-14-08
Shannon Murphy, Sheriff's Department, made a presentation to the Board on the status of the jail reentry initiatives program. Ken McGovern, Sheriff, was also present for the presentation.
Murphy stated 95% of inmates are released back into the community. It is the intent of the program to bring in outside agencies to start program benefits for inmates before they are released so they will be more productive in the community. There are presently 125 volunteers from the community who are available to assist the inmates upon release, and there are three mentors inside the facility. McGovern stated getting social security cards for those who don't have them is just one positive step in the program.
Jones commented that he appreciates what the Sheriff's department is doing and impressed. He stated there needs to be a way to determine if the program is working, if over time this program will reduce the amount of incarcerations. He stated if you look at the curve of County expenditures, the one most out of control is law enforcement and justice, and it is climbing way too fast. Jones stated he hopes over time, the reentry program will reduce incarceration costs.
McGovern stated there will be a percentage of inmates that won't go through the program due to mental illnesses and the fact that they won't take appropriate medications.
No action was taken.
PUBLIC WORKS & RESOLUTION 04-14-08
The Board considered the approval of a resolution amending the access management regulations in Chapter IX of the County Code to allow the Public Works Director to waive minimum frontage requirements when entering into access restriction agreements. Linda Finger, Planning Resource Coordinator; Keith Browning, Director of Public Works; and Evan Ice, County Counselor, were present for the discussion.
This amendment would allow the County Engineer, in very specific instances, to work with a property owner to restrict access in accordance with the Access Management Regulations when a property with an existing residence meets the vested rights and exemption requirements in the Subdivision Regulations. [This amendment came out of discussion at the rural development regulations work session on March 5, 2008.] The example staff gave was of an existing house built 500-600' back from the road. The frontage was narrow and the depth of the parcel long. When a frontage of 660' is required, additional acreages are required to be carved out of a larger parcel to create the separate parcel for an existing house. In the example given, if the owner dedicated the full 660' of frontage, required, he would need to include approximately 12-15 acres of farm ground that is actively farmed when it is not an integral part of the home and lawn area, The situation where this would most often be a problem is with existing homes set a considerable distance back from a road and the classification of road accessed is one that requires more than 330' of frontage. Finger stated staff has had similar inquires from other property owners where they own sufficient land to meet the road frontage requirements but don't want to sell off more land than necessary to serve an existing home.
According to Staff, this amendment allows the County to apply creatively the road frontage requirements so that the intended purpose of the Access Management Regulations is met. The property owner complies with the limitation on access based on frontage by entering into an Access Restriction Agreement but retains the flexibility to sell an existing property with less than the minimum road frontage for an individual parcel. Executing an Access Restriction Agreement d s not lessen the restriction on the number of accesses permitted, but it d s create flexibility in where those accesses can be located. A new parcel cannot be created with less than the required frontage until the Access Restriction Agreement has been executed and filed at the Register of Deeds. To allow for this exception requires amending the Access Management Standards adopted by Resolution No. HR 06-10-7.
Browning stated the exception will not change the entrance allowance. There will still be only one access point to the property along that 660 foot of frontage. However, Public Works staff will need to research each request before entering into Access Restriction Agreement because they will have to check with the Register of Deeds to verify ownership for frontage requirements.
Johnson opened the item for public comment. No comments were made.
Jones moved to approve the amendment and adopt Home Rule Resolution No. HR-08-4-1 of the Board of County Commissioners of Douglas County, Kansas, amending Access Management Standards (HR 06-10-7), subsequently amended and codified into Article 5 of Chapter IX of the Douglas County Code. Motion was seconded by McElhaney and carried unanimously.
ZONING & AMENDMENTS 04-14-08
The Board considered initiation of two amendments to Article 18 of the Zoning Regulations. The first amendment to Article 18 would make the minimum standards consistent with the amendment recently approved by the Board to the Access Management Regulations. This amendment would add a footnote to the Table in Article 18 permitting the minimum parcel width to be waived when the parcel created was covered by an executed Access Restriction Agreement. Linda Finger, Planning Resource Coordinator, and Keith Browning, Director of Public Works were present for the discussion.
This amendment was initiated by the consensus of the Board to make the Zoning and Access Management Regulations consistent.
The second amendment to Article 18 recommended by Staff was revisions to the minimum lot/ parcel area requirement in the A and A-1 zoning districts. The revisions would create a minimum of three (3) acres along Local or Minor Collector roads; five (5) acres along Major Collectors and Minor Arterial roads; and eight (8) acres along Principal Arterial roads. Setback and frontage requirements may make it necessary to exceed the minimums to create a buildable lot. Linda Finger, Planning Resource Coordinator, and Keith Browning, Director of Public Works were present for the discussion.
This amendment is consistent with previous discussions of the Board where people are forced to purchase more land than they want and are unable to maintain it. This proposed amendment would allow owners to focus more on the minimum frontage requirements and minimum setbacks in conjunction with the County's Sanitary Code requirements to determine the area of a parcel of land.
After discussion, Jones commented he wants to make sure the goal of the second amendment is stated clearly that it permits the same amount of development, but on smaller acreages by adding to the cover memo the language "this change d s not allow for more development."
Item was tabled and will be placed on the April 16, 2008 meeting for further discussion.
ZONING & AMENDMENT 04-14-08
The Board considered initiation of an amendment to Article 19 of the County Zoning Regulations to add a new conditional use for "value-added agricultural business" to the regulations, based on Commission discussion with Bill Schaetzel at the March 24, 2008, meeting. A second amendment recommended for initiation by staff and the County Counselor to Article 19 was for correction to errors of codification that have occurred in Article 19. Linda Finger, Planning Resource Coordinator, and Evan Ice, County Counselor, were present for the discussion.
Jones asked if Finger had talked with anyone in the agricultural community regarding the proposed language for the "value-added agricultural business" use. Finger stated she spoke with Bill Wood in the Douglas County Extension Office, who said the language for "value-added agricultural business" fits how Extension has discussed it. He said they used the USDA definition, which is what Finger used to create the draft language.
Jones asked how wide open was the concept of "value-added agriculture business". Finger stated the applicant would have to meet the requirements as defined by USDA Regulations and the specific development criteria recommended. Adding the development criteria made this use more restrictive than it would be if added to an Industrial zoning category.
Johnson stated he would not be in favor of narrowing the language of the proposed regulations any further. As Conditional Use Permits, the Board will find out what the specific use is that is proposed, how it is intended to operate, and how the use fits with the development criteria proposed. Finger added that a Conditional Use Permit has an appeals procedure should, once the use is in operation, the neighbors believe the use is not being operated as it was approved. Approval of a site plan for a permitted use in a zoning district d s not have an appeal procedure.
The Board discussed changes in wording to reflect the number of truck trips in and out of the property; having direct access to a full maintenance public road; meeting the minimum frontage requirements; and, the need to require all CUPs to meet all applicable state and federal laws, not just this proposed use.
It was the consensus of the Board to table the item for staff to making the wording revisions discussed and to place on the agenda for the Wednesday, April 16, 2008 meeting.
MISCELLANEOUS & COURTHOUSE REPAIR 04-14-08
The Board discussed repairs needed to support the skylight located in the courthouse attic, which provides the light source for the stain glass dome. It was determined the sky light is an original feature in the courthouse blue prints and cannot be removed due to historical value. Commissioner McElhaney met with the contractor working on the restoration of the building. To replace of a skylight will cost approximately $21,000-23,000, and d s not include the repair to the infrastructure support which will cost approximately $15,000.
Jones asked if there is the possibility of removing the skylight, and what the construction firm recommends. He also asked for the net number for the replacement of the skylight.
It was the consensus of the Board to proceed with the replacement of the beam and securing the structure. McElhaney stated he confirmed a price for the construction of the dome cover and will provide that figure to the County Administrator for approval.
WORK SESSION 04-14-08
Several members of County Staff and the City/County Planning Staff attended a work session with the Board on the application process and procedure issues for unresolved items related to the Subdivision, Zoning, or Access Management Regulations. Items discussed were presented in Briefing Paper papers prepared by staff for the Board. General discussion and actions related to these Briefing Paper papers follows:
Briefing Paper 1: Number of RDPs from Parent Parcel at Intersections.
Mary Miller, Lawrence-Douglas County Metropolitan Planning Department, discussed the initiation of a text amendment for clarification on the number of divisions that can occur to a Parent Parcel with two road frontages. Staff recommended removing the word "local" to permit 3 Rural Development Parcels when a Parent Parcel is bounded on two or more sides by full-maintenance roads of any classification. Jones asked Staff to develop a number on how many additional lots this change would permit.
It was the consensus of the Board to table this item for further consideration.
Briefing Paper 2: Choosing a road frontage when a parcel abuts more than one road. J Rexwinkle, Lawrence-Douglas County Metropolitan Planning Department, discussed the applicable frontage and access requirements for properties with more than one road frontage. Staff recommended that the regulations be interpreted to allow the owner voluntarily to restrict property access to the frontage of their choice through the Certificate of Survey process. If the owner wishes to maximize the number of property divisions, he/she may restrict access to that frontage abutting a local road. The Board discussed the merits of selecting frontage onto a local road when a parcel abuts both a local and a principal arterial road.
It was the consensus of the Board that they agree with Staff's recommendation.
Briefing 3: Decision-making bodies quick reference table.
J Rexwinkle, Lawrence-Douglas County Metropolitan Planning Department, presented to the County Commission a decision-making body reference table for the platting and administrative procedures in the Subdivision Regulations. Staff recommended initiation of a text amendment to the Subdivision Regulations to add a quick-reference table for decision-making bodies.
It was the consensus of the Board that this item is an administrative issue and should be handled by Staff.
Briefing Paper 4:
Linda Finger, Planning Resource Coordinator, recommended the initiation of an amendment to the Table in Article 18: Height, Area & Bulk Requirements Table for public hearing at the Planning Commission in June 2008, revising the minimum frontage and setback requirements, placing a stronger emphasis on the minimum area being determined by the: County's Access Management Regulations, the minimum setback, width and depth requirements; and the County's Sanitary Code. Jones said this change was related to the revision in Briefing Paper 1 about the number of divisions per parcel and that they should both be considered together.
It was the consensus of the Board to defer the item to a future agenda for continued discussion.
Briefing Paper 5: Administrative Procedures for Build Out Plan review. J Rexwinkle, Lawrence-Douglas County Metropolitan Planning Department, recommended that the County Commission accept the written interpretation that Staff has posted on their website regarding the method of reviewing Build Out Plans. The back up for this Briefing Paper was not provided prior to the meeting. Jones said he wanted time to review what staff had written. The Board tabled this item for discussion after they had read the written interpretation.
Briefing Paper 6: Conforming properties made nonconforming by dedication of additional road easement for right-of-way. Linda Finger, Planning Resource Coordinator, proposed an amendment to Article 20 of the County's Zoning Regulations to resolve conflicts between the non-conforming use section of the Zoning Regulations and compliance with the Certificate of Survey requirements when compliance would result in a change of conforming to nonconforming status for existing buildings. The language for proposed amendment was drafted by the County Counselor, Evan Ice, who was also present for this item.
The Board initiated this amendment for public hearing in June by the Planning Commission.
Briefing Paper 7: Handled in Briefing Paper 11.
Briefing Paper 8: Issue was resolved. No action taken.
Briefing Paper 9: Standards for Cross Access Easements in Cluster Developments.
Linda Finger, Planning Resource Coordinator, and Keith Browning, the Director of Public Works, recommended the initiation of an amendment to Section 20-804(c)(1)(ii) and to Section 20-815 of the City/County Subdivision Regulations for public hearing by the Planning Commission in June 2008. The amendments would establish clearer process and procedural steps for the filing of Cross Access Easements in a Cluster Developments, the minimum standard for construction of a Cross Access Easement to address safety and emergency responder needs, and would revise the definition of Cross Access Easement in the regulations. These revisions would close the gap between the written regulations and intended purpose of the regulations at the time of adoption.
McElhaney moved to approve the initiation of the amendment for the public hearing in June by the Planning Commission. Motion was seconded by Jones and carried unanimously.
Briefing Paper 10: Requirement of paid tax receipt before filing of administratively approved Certificates of Survey. Linda Finger, Planning Resource Coordinator, recommend the initiation of the text amendments to Sections 20-806(c)(1)(iii) and 20-807(d) for public hearing by the Planning Commission in June 2008, to clarify the procedure and process for requiring presentation of a certificate of paid taxes with each filing submittal to the Register of Deeds office. This amendment was requested by Kay Pesnell, Register of Deeds.
Johnson moved to initiate the text amendment for Sections 20-806(c)(1)(iii) and 20-807(d) for public hearing by the Planning Commission in June 2008. Motion was seconded by Jones and carried unanimously.
Briefing Paper 11: Inconsistency in terminologies between planning regulations.
Mary Miller, Lawrence-Douglas County Metropolitan Planning Department, recommended that the revisions discussed for consistency among defined terms in the Subdivision Regulations be considered with the forthcoming amendments to the County Zoning Regulations that are being prepared by the Planning Commission's rural zoning committee so that the Board may consider all the proposed amendments to the regulations at one time. No action was required. It was the consensus that Board agrees with action recommended by Staff.
ACCOUNTS PAYABLE 04-14-08
Jones moved approval of accounts payable in the amounts of $350,502.60 paid on 04/07/08; and $459,918.15 to be paid on 04/14/08; payroll in the amount of $816,426.21 paid on 04/10/08; FICA in the amount of $60,369.19 paid on 04/11/08; and KPERS for $70,321.08 paid on 04/11/08. Motion was seconded by McElhaney and carried 3-0.
Jones moved to adjourn the meeting; Johnson seconded and the motion carried.
____________________________ ____________________________
Bob Johnson, Chairman Jere McElhaney, Vice Chair
ATTEST:
_____________________________ ____________________________
Jamie Shew, County Clerk Charles Jones, Member
Time and Date