Meeting Information
Updated 01-05-09
-Convene
-Consider approval of the minutes of November 12, December 8, December 10, December 17, and December 22, 2008;
CONSENT AGENDA
(1 )(a) Consider approval of Commission Orders; and
(b) Consider approval of Emergency Vehicle permit renewal for Randall D. Ates, Louis Disney and Duane B. Filkins,
REGULAR AGENDA
(2) Consider approval of CPA-2008-9, amending Horizon 2020, Chapter 14 Specific Plans, to add a reference to and incorporate the K-10 & Farmer's Turnpike Plan and consider approval of the Joint City Ordinance 8358/County Resolution 09-01 regarding this item. (PC Item 4; approved 7-3 on 11/17/08) (Michelle Leininger is the Planner)
(3) Other Business
(a) Consider approval of Accounts Payable (if necessary)
(b) Appointments
(c) Miscellaneous
(d) Public Comment
(4) Adjourn
Johnson called the regular session meeting to order at 6:35 p.m. on Wednesday, January 7, 2009 with all members present.
Jones moved to approve the minutes of November 12, December 8, December 10, December 17(amended) and December 22, 2008. Motion was seconded by McElhaney and carried unanimously.
CONSENT AGENDA 01-07-09
McElhaney moved approval of the following Consent Agenda:
► Emergency Vehicle permit renewals for Randall D. Ates, Louis Disney and Duane B. Filkins.
Motion was seconded by Jones and carried unanimously.
PLANNING 01-07-09
The Board considered the approval of CPA-2008-9, amending Horizon 2020, Chapter 14 Specific Plans, to add a reference to and incorporate the K-10 & Farmer's Turnpike Plan and to consider approval of the Joint City Ordinance 8358/County Resolution 09-01 regarding this item. The Planning Commission approved the item with a 7-3 vote on November 17, 2008 and the City Commission approved the item on December 6, 2008 with a 4-1 vote. Scott McCullough, Director of the Lawrence-Douglas County Metropolitan Planning Department, presented the item to the Commission giving a presentation on the background of the plan leading to tonight's vote. Michelle Leininger, Planning staff, was also present for the discussion.
McCullough discussed the Hierarchy of Plans and that the sector plan is a projection of future land uses for a specific area. The comprehensive plan d s not annex property or change the zoning upon adoption. The plan will provide notice to people of the expectations for the area before they buy property, showing the potential for development. McCullough gave background history on the Turnpike, current land use, and annexations. He described the meetings leading to the proposed plan workshops, notification and statutory notice. Staff is recommending approval of Option 1. McCullough commented that there is a need for this plan because we do not know where the next surge of development will take place.
Johnson stated that he had received concerns from property owners who are afraid the plan will preclude them from farming the land or selling the land to other farmers. He asked McCullough if that is true. McCullough responded the plan only shows potential for development, whether the land remains unincorporated is generally up to the landowners.
Johnson opened the meeting for public comment.
Marguerite Ermeling, stated that neither Option 1 nor Option 2 of the plan represents what the local residents recommended. She felt their suggestions were not given consideration at the Planning office.
Ronald Schneider, attorney representing several surrounding landowners, stated he had directed a letter to Craig Weinaug, County Administrator, yesterday stating in his legal opinion the Planning office must provide written notice to certain government entities prior to the action and adoption of the comprehensive plan and proper notice was not given. He stated Planning Staff attempted to correct this in the early December meeting, but that attempt was defective. This is the largest sector plan ever considered and he feels residents are being ignored for a developer's group. He asked that the plan be sent back to the Planning Commission for proper notice.
Darrell Ward, 922 N 1800 Road, stated he is against the proposed plan because he feels it limits his options for selling his property.
Jane Eldredge, Barber Emerson LC, stated she would like to address Mr. Schneider's letter, however, she has not seen it. The Southeast Area Plan took years to accomplish. So a time table was established by staff to expedite consideration of this area plan. As part of the work plan from the beginning, the agenda was published on the website. There are two statutes that deal with notice: 1) deals with the notice the Planning Commission must provide; and 2) deals with the notice that must be provided by cities or counties. Statute 12-747 deals with the comprehensive plan and the Planning Commission notice. It required the Planning Commission to give notice in the local paper of record, which is the Journal World. In Ms. Eldredge's opinion, to suggest that the Planning Commission failed to provide proper notice is not supported. Mr. Schneider did acknowledge that the Lecompton Township did receive the December 11, 2008 meeting notice. She questioned whether Mr. Schneider was representing members of the Lecompton Township because she is unaware of any objection on behalf of the City of Lecompton.
Beth Johnson, Lawrence Chamber of Commerce, stated she did attend the workshop meetings for the Chamber and supports the option recommended by Staff.
McElhaney moved to close the public hearing. Motion was seconded by Jones and carried 3-0.
Jones stated he is concerned about voting for or against the plan because a vote either way would suggest he felt the plan had been properly considered. He d s not and stated he will be abstaining from the vote.
McElhaney commented that he feels the plan is a well thought out plan and that staff did a great job. He stated this Commission on all three votes in the past has indicated that we need to bring this plan forward for the good of the public. He feels it would be foolish for this Commission not to go forward with the plan presented. This Commission has worked together to provide economic development and a change in tax base. The public at this time is in difficult situations and he stated he will vote in favor of the resolution.
Johnson stated he has a high regard for Commissioners succeeding him and that he d s not think that the consideration of this plan was rushed too quickly. The fair and honest thing to do is to plan for long range uses of the area. That is much harder to do as time passes. There is nothing more important than protecting access to highways. Staff has done the best they can do. The plan d s not put people off their property, or change the zoning. The options for their property are significantly increased, and will enhance their property value. He will vote in favor of the resolution.
McElhaney moved approval of Joint City Ordinance 8358 of the City of Lawrence, Kansas, and Resolution 09-01 of the Board of County Commissioners of Douglas County, Kansas amending the Comprehensive Land Use Plan "Horizon 2020" by adopting and incorporating by reference the "Chapter 14 - specific plans, K-10 & Farmer's Turnpike Plan, CPA-2008-9, November 17, 2008 Edition: prepared by the Lawrence-Douglas County Metropolitan Planning Office. Motion was seconded by Johnson and carried with a 2-0-1 vote with Jones abstaining.
ACCOUNTS PAYABLE 01-07-09
Jones moved to approve accounts payable amount of $181,392.84 paid on 01/05/09; and an accounts payable manual check in the amount of $2,749.96 paid on 12/29/08. Motion was seconded by McElhaney and carried unanimously.
Jones moved to adjourn; Johnson seconded and the motion carried.
____________________________ ____________________________
Charles Jones, Chairman Nancy Thellman, Vice-Chair
ATTEST:
_____________________________ _____________________________
Jamie Shew, County Clerk Jim Flory, Member
Time and Date