Meeting Information
-Convene
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders;
(b) Consider approval for purchase of 16 Motorola portable radios and accessories (Ken McGovern);
(c) Approval of township notice for cereal malt beverage license for The Clinton Store (Clerk's office); and
(d) Consider approval of annual Noxious Weed Management Plan (Keith Browning)
REGULAR AGENDA
(2) Consider approval of resolution rescinding action of Board of County Commissioners taken on November 12, 2008 and repealing Resolution 08-50 (which has never become effective), all relating to CPA-2004-02, amendments to Chapter 7: Industrial and Employment Related Land Use, of the joint City-County Comprehensive Plan, Horizon 2020. (Craig Weinaug)
(3) Other Business
(a) Consider approval of Accounts Payable (if necessary)
(b) Appointments
(c) Miscellaneous
(d) Public Comment
(4) Adjourn
Jones called the regular session meeting to order at 8:30 a.m. on Monday, January 26, 2009 with all members present.
CONSENT AGENDA 01-26-09
Jones moved approval of the following Consent Agenda:
► Purchase of 15 Motorola XTS 5000 portable radios and accessories in the amount of $54,477.38, with funding included in the 2009 budget, contained within line item 81410;
► Approval of township board notice for cereal malt beverage license for The Clinton Store; and
► Annual Noxious Weed Management Plan.
Motion was seconded by Thellman and carried unanimously.
PLANNING 01-26-09
The Board considered a resolution to rescind the action of the Board of County Commissioners taken on November 12, 2008 and repealing Resolution No. 08-50, which has never become effective, all relating to CPA-2004-08, amendments to Chapter 7: Industrial and Employment Related Land Use, of the joint City-County Comprehensive Plan, Horizon 2020.
Amy Miller Brown, Lawrence-Douglas County Metropolitan Planning Department, gave a short presentation on the history of the amendment to Chapter 7, leading to the November 12, 2008 vote for approval of Resolution 08-50 by the County Commission.
Jones asked Craig Weinaug, County Administrator, to explain the resolution presented for today's vote. Weinaug stated the resolution d s not take a position on any issue, but rather repeals the previous County Commission's action in approving the Planning Commissions recommended "Option 1" revisions to Chapter 7 of Horizon 2020. It d s not foreclose the option of going back and reapproving the original option or a different option at a later date.
Flory stated Chapter 16, the environmental chapter, is currently underway and it should reach the Commission by July 09. He stated one of the features of this chapter is the preservation of prime agricultural land, and he asked if this chapter will transcend Chapter 7. Brown responded anytime there is an adopted chapter there is associated implementation where things can be changed due to overlap of chapters. If Chapter 16 is adopted, the Board can initiate comprehensive plan amendments to change things in other chapters.
Thellman stated that her main aim in asking for approval of this resolution is simply to ask for time for the new Commission to study this chapter, which refers to consideration of land uses for the unincorporated areas of the County.
Jones asked the consequences of passing a new resolution rescinding the November 12, 2008 decision. Weinaug stated this resolution will give you a chance to decide whether you want to send something back to the Planning Commission, and it opens up your options. Joint Ordinance 8283/Resolution 08-50 has been passed on the first reading by the City Commission. The second reading is scheduled for January 27, 2009. If the County Commission wanted to change Chapter 7 after the current version had been approved by the City Commission on second reading, it would take approval from both bodies after consideration by the Planning Commission. This is the County Commission's last chance to act unilaterally to prevent passage of Chapter 7 as recommended by the Planning Commission.
Scott McCullough, Director of Planning, discussed the history of the November 12, 2008 resolution vote needing a supermajority vote if the Commission chose to approve any option other than the Planning Commissions recommendation of Option 1.
Jones opened the item for public comment.
Barbara Clark, 2050 E. 1500 Road, stated she agrees with Commissioner Flory that the soil issues can be handled under the amendments to Chapter 16, if Chapter 7 can work in tandem with language concerning prime soils in Chapter 16 and an amendment be made for all other chapters. This is assuming Chapter 16 is completed. If not, she is in support of rescinding Resolution 08-50, if Chapter 16 is not completed in a timely matter. She also stated she would like to see the idea of Transfer of Land Development Rights discussed to preserve areas in the County.
Ted Boyle, 310 Elm Street and member of the North Lawrence Improvement Association, stated he is concerned that improvements in the area will affect the drainage and flooding issues in North Lawrence. He is not opposed to development, but would like to see neighborhood drainage problems addressed first.
John Pendleton, 1446 E. 1850 Road, stated as a farmer he would certainly like to have the right to do with his property as he wishes.
Pat Ross, 1616 N 1700 Road, asked that the Board not rescind the resolution. He d sn't see an industrial park going in right away, but wants that option for future generations.
Tom Kern, President of the Chamber of Commerce, stated he has experienced similar challenges regarding land issues when working in Michigan and asked the Board to refer to the Grand Traverse Regional Land Conservancy website. He suggested the Purchase of Development Rights program as an alternative preservation program where residents vote to tax themselves to provide funds to protect agricultural property. This program has preserved over 5,000 acres in the past 12 years in the Grand Traverse area of Northern Michigan.
Jane Eldredge, Barber Emerson LC, stated the effort to repeal the approval of Resolution 08-50 would appear to be a hasty change of mind in light of the amendment to Chapter 16 that is in progress. A comprehensive look at this chapter, having staff and the property owners involved makes sense. She asked that the Board not rescind the present resolution.
Jones moved to close the public comment. Motion was seconded by Flory and carried unanimously.
Flory added it is his thinking good measured reasoning and long-term planning should transcend throughout the entire Horizon 2020 document. He stated concern that a quick fix could be seen as project driven rather than long-term planning driven.
Thellman stated she appreciates all the public comments. There is no promise that Chapter 16 will be completed soon and she is only asking for more time to understand what options are available.
Jones commented he is supportive of the idea of revisiting Chapter 7 and gaining more information. He is not at this time endorsing a new direction, but d s support the request of a Commissioner to revisit the issue.
Thellman moved to approve the adoption of Resolution 09-02 rescinding action of the Board of County Commissions taken on November 12, 2008 and repealing Resolution 08-50 (which has never become effective), all relating to CPA-2004-2, amendments to Chapter 7: Industrial and Employment Related Land Use, of the Joint City-County Comprehensive Plan, Horizon 2020. Motion was seconded by Jones and carried 2-1 with Flory voting in opposition.
ACCOUNTS PAYABLE 01-26-09
Jones moved to approve accounts payable in the amounts of $247,554.37 for 2008 paid on 01/26/09; and $48,511.85 for 2009 paid on 01/26/09. Motion was seconded by Flory and carried unanimously.
MISCELLANEOUS 01-26-09
Flory asked staff to update the Commission on the status of the County personnel issues regarding wage freezes. He would like to consider all possible options to meet County obligations, with wage freezing being a last resort. Weinaug stated this topic was discussed at last week's department head meeting. Staff is looking for other opportunities to present to the Board.
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