Meeting Information
BOARD OF COUNTY COMMISSIONERS OF DOUGLAS COUNTY, KANSAS
Amended Agenda
MONDAY, SEPTEMBER 22, 2008
8:30 a.m. (Meet in the Commission Chamber)
-Convene
-Consider the approval of minutes for September 8, 2008.
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders;
REGULAR AGENDA
(2) Consider adopting Joint City Ordinance No. 8301/County Resolution regarding amendments to the Subdivision Regulations (TA-12-26-07, TA-05-08-08, TA-05-09-08, TA-06-10-08, and TA-06-11-08) approved by the City Commission on September 9, 2008 and the Board of County Commissioners on September 3, 2008.(Linda Finger)
(3) Consider approval of TA-06-12-08, an amendment to Section 810 of the Subdivision Regulations to clarify the natural resources and environmentally sensitive areas that are to be protected or preserved. (Mary Miller)
(4) Discuss revision to entrance standards and permit resolution (Keith Browning)
(5) 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.
(6) Other Business
(a) Consider approval of Accounts Payable (if necessary)
(b) Appointments
(c) Miscellaneous
(d) Public Comment
(7) Adjourn
Note: The Douglas County Commission meets regularly on Mondays at 8:30 A.M. and Wednesdays at 6:35 P.M. at the Douglas County Courthouse. Specific regular meeting
Johnson called the regular session meeting to order at 8:30 a.m. on Monday September 22, 2008 with all members present.
Jones moved to approve the minutes of September 15, 2008. Motion was seconded by McElhaney and carried unanimously.
PLANNING & RESOLUTION 09-22-08
The Board considered the approval of Joint City Ordinance No. 8301/County Resolution No. 08-41 regarding amendments to the Subdivision Regulations (TA-12-26-07, TA-05-08-08, TA-05-09-08, TA-06-10-08, and TA-06-11-08) approved by the City Commission on September 9, 2008 and the Board of County Commissioners on September 3, 2008.
Jones moved to approve the reading of Joint Ordinance No. 8301 of the City of Lawrence, Kansas and Resolution No. 08-41 of the Board of County Commissioners of Douglas County, Kansas amending the Subdivision Regulations for Lawrence and the unincorporated areas of Douglas County, Kansas, December 19, 2006 Edition, as previously amended, by incorporating by reference the "Subdivision Regulations for Lawrence and the Unincorporated Areas of Douglas County, Kansas September 10, 2008 Text Amendments" prepared by the Lawrence-Douglas County Metropolitan Planning Office and repealing the existing sections. Motion was seconded by McElhaney and carried unanimously.
PLANNING & TEXT AMENDMENT 09-22-08
The Board considered the approval of TA-06-12-08, an amendment to Section 20-810 of the Subdivision Regulations to clarify the natural resources and environmentally sensitive areas that are to be protected or preserved. Mary Miller, Lawrence-Douglas County Metropolitan Planning Staff, was present for the discussion.
The Board discussed the determination of environmentally sensitive areas in the
city limits and in the unincorporated areas of the county, which includes stream corridors, wetlands, regulatory floodplain, prominent natural geologic features, prairie remnants, steep slopes, woodland areas and individually significant trees. The amendment, initiated by Staff, is designed to provide more consistency and clarity for Certificates of Survey and the platting process. The amendment more clearly defines the term "Woodland." The Board stated concerns regarding the requirement of a woodland to contain 100 trees per acre that are two inches in diameter or greater.
Jones asked how much opportunity was given for private input and who has taken advantage. Miller replied the definitions have been on the internet as part of the Development Code for sensitive features within the City. Staff received comments from the Jayhawk Audobon Society, the League of Women Voters, Bonnie Johnson with the University of Kansas, and other private citizens.
Johnson stated the idea of creating a definition is a good thing. His concern is whether or not we are setting a standard that is too high for property in the unincorporated area. He asked where Staff found the definition of "Woodland." Miller stated the source was the Kansas Biological Survey.
Jones suggested the item be tabled to give reasonable time for public comments.
It was the consensus of the Board to table the item for the Monday, September 29, 2008 meeting. The item will be placed on the Consent Agenda, however, if there are members of the public who wish to speak to the item it will be pulled for discussion.
PUBLIC WORKS 09-22-08
Keith Browning, Director of Public Works, initiated a discussion with the Board concerning revisions to the procedures to install entrances from county maintained roads onto private property. Under the current procedure, the property owner is issued an entrance permit and is responsible for constructing the entrance in accordance with county standards. The Public Works Department recommends formally revising the procedure where Public Works is responsible for installing the entrance.
Some of the issues discussed included: when and for what items shall property owners be invoiced; should mailbox turnouts be installed and at whose expense; how should property owners be charged for shared entrances; how much time should be allowed for the property owner to submit full payments; what is the property owner's penalty for nonpayment; the procedure for attempting to collect late payment; and how much time should we allow for entrance installation following permit approval.
The Board agreed turnouts are necessary in most cases and the County should hold owners accountable for higher standards of entrance, whether the County puts in the entrance or certifies contractors, like required in the County for septic systems. It was discussed that if the contractors do not properly install the entrances, there are additional fees incurred by the County later to repair the wear and tear on the county roads.
It was the consensus of the Board for the Director of Public Works to further review the situation and bring the resolution back to the Board for further discussion.
APPOINTMENT 09-22-08
McElhaney moved to approve the appointment of John Studdard of Lawrence, Kansas, to the Jayhawk Area Agency on Aging Board of Directors, for his first full term to expire 09/30/11. Motion was seconded by Jones and carried unanimously.
ACCOUNTS PAYBLE 09-22-08
Jones moved to approve accounts payable in the amount of $468,897.79 to be paid on 09-22-08; and a manual check in the amount of $37.60 paid on 09/17/08. Motion was seconded by McElhaney and carried unanimously.
EXECUTIVE SESSION 09-22-08
At 10:00 a.m., Johnson moved that the Board recess into executive session for 30 minutes 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 Douglas County. Other attendees included: Craig Weinaug, County Administrator; and Evan Ice, County Counselor.
At 10:30 a.m., Johnson moved for the Board to return to regular session; Jones seconded and the motion was carried unanimously. No action was taken.
Jones moved to adjourn the meeting; Johnson seconded and the motion carried unanimously.
____________________________ ____________________________
Bob Johnson, Chairman Jere McElhaney, Vice Chair
ATTEST:
_____________________________ ____________________________
Jamie Shew, County Clerk Charles Jones, Member
Time and Date