Meeting Information
-Convene
-Consider approval of the minutes of July 27, 2009
CONSENT AGENDA
(1)(a) Consider approval of Commission Orders;
REGULAR AGENDA
(2) Consider approval of Supplemental Agreement No. 1 with KDOT concerning the extension of E 1326 Road from Berg Acres area to Route 458, in conjunction with US-59 freeway construction project (Keith Browning)
(3) Discussion of pedestrian issues in Eudora (John Drees, Eudora Pedestrian Safety Committee)-No Backup
(4) Consider approving revised CPA-2004-02, a Comprehensive Plan Amendment to Horizon 2020, Chapter 7: Industrial and Employment Related Land Use and consider adopting Joint City Ordinance No. 8402/County Resolution (PC Approved 8-0 on 4/22/09; CC Approved 2nd Reading 5-0 on 6/9/09) Amy Brown is the Planner. Deferred from the 7/15/09 meeting. (Amy Brown is the Planner)-PLEASE BRING BACKUP FROM 07-15-09 MEETING
(5) Other Business
(a) Consider approval of Accounts Payable (if necessary)
(b) Appointments
(c) Miscellaneous
(d) Public Comment
(6) Adjourn
Thellman called the regular session meeting to order at 6:35 p.m. on Wednesday, August 5, 2009 with all members present.
MINUTES 08-05-09
Gaughan moved to approve the minutes of July 27, 2009. Motion was seconded by Flory and carried unanimously.
CONSENT AGENDA 08-05-09
Flory moved approval of the following Consent Agenda:
► Commission Order No. 09-031(on file in the office of the Clerk);
Motion was seconded by Thellman and carried unanimously.
PUBLIC WORKS 08-05-09
The Board considered the approval of Supplemental Agreement No. 1 with KDOT concerning the extension of E 1326 Road from Berg Acres area to Route 458, in conjunction with US-59 freeway construction project. Keith Browning, director of Public Works, presented the item.
Due to the reconstruction of US-59 Highway, KDOT plans to remove existing US-59 access at N1056 and N1082 Roads. With these access points removed, E1326 Road south of N1100 Road would provide the only access to Berg Acres. The concern is that the intersection of E 1326 Road with N 1100 Road is below the base flood elevation and could be inaccessible during a flood. Douglas County executed an agreement with KDOT dated June 1, 2006, to extend E 1326 Road from its current terminus in the Berg Acres area south to Route 458. KDOT agreed to pay the actual cost of design and road construction up to a maximum $210,000 with KDOT responsible for obtaining the required right-of-way for the road extension. Douglas County hired an engineering design consultant and the plans are complete. The property owner, Shirley Flory, d s not want the road to be extended through her property and is reluctant to sell the right-of-way to KDOT. KDOT approached Public Works about amending the original agreement so that Douglas County would acquire the right-of-way need for the road extension with KDOT reimbursing the County's cost for the acquisition. The Supplemental Agreement No. 1 amends the original agreement by increasing the maximum KDOT contribution for design and construction from $210,000 to $294,000 and makes Douglas County responsible to obtain the right-of-way required for E1326 Road extension with KDOT responsible for 100% of the acquisition costs.
Thellman opened the item for public comment.
Jon Hawkins, son-in-law of the property owner, stated he objects to the road extension because he feels it will destroy the property. He stated a gate at N1082 Road which would cost approximately $10,000 was suggested to KDOT but turned down by their legal department. He also suggested building a raised bridge at the intersection of E1326 and N1100 Road
Thellman closed the public comment.
The Commission discussed that approving the agreement tonight would not foreclose pursuing other options. The Board agreed the existing accesses at N1056 and N1082 Roads are safety concerns. It was the consensus of the Board they would feel more comfortable working with the property owner on acquiring the right-of-way access. However, they plan to discuss other options with KDOT.
After discussion, Thellman moved to approve Supplement Agreement No. 1 with Secretary or Transportation of the State of Kansas for the extension of E1326 Road. Motion was seconded by Gaughan and carried unanimously.
MISCELLANEOUS/PEDESTRIAL ISSUES 08-05-09
John Drees, Eudora Pedestrian Safety Committee, updated the Board on his progress to develop pedestrian safety plans for the Eudora School District. He is in the process of seeking federal and state grants to assist in safety education and a pedestrian bridge project. He asked the Board for an assist letter of support.
Flory moved to authorize the chair to initiate a letter of support for Kidsafe. Motion was seconded by Thellman and carried unanimously.
PLANNING 08-05-09
The Board considered the approval of revised CPA-2004-02, a Comprehensive Plan Amendment to Horizon 2020, Chapter 7: Industrial and Employment Related Land Use and consider adopting Joint City Ordinance No. 8402/County Resolution 09-25 as tabled from the July 15, 2009 meeting. Amy Brown, Lawrence-Douglas County Metropolitan Planning Staff, presented the item.
Brown made a short presentation to the Board on prior discussions and wording revisions of Chapter 7 to get to where we are today. Staff recommends approval of revised CPA-2004-02 and the accompanying Joint Ordinance/resolution.
Thellman opened the item for public comment. No comment was received.
Gaughan thanked staff for giving him time to familiarize himself with the backup information on the item and the discussion about how we got from Chapter 7 to where we are today.
Flory stated he is still supportive of the present wording for Chapter 7.
Thellman stated that while this is not everything she hoped for, it is a lot. The wording is farther then where we have been. Preservation of prime farm land is a growing community concern. This document is just a guide, and a good guide, and she is willing to move forward.
Thellman moved to approve the revised CPA-2004-2, a Comprehensive Plan Amendment to Horizon 2020, Chapter 7: Industrial and Employment Related Land Use and the adoption of Joint City Ordinance No. 8402/County Resolution 09-25. Motion was seconded by Flory and carried unanimously.
ACCOUNTS PAYABLE 08-05-09
Thellman moved to approve a wire transfer in the amount of $600,000.00 paid on 07/31/09. Motion was seconded by Flory and carried unanimously.
APPOINTMENTS 08-05-09
Gaughan moved to approve the recommendation for appointments to the Emergency Management Board made by Teri Smith, Director of Emergency Management for the 2009-2010 year as follows:
<1/2xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com:office:smarttags" />Douglas County Local Emergency Planning Committee
Douglas County Emergency Management Advisory Board
2009 - 2010
GOVERNING BODIES
Bob Newton
Bill Winegar
Bud Waugh
Tim Reazin
Wayne Riley
Member
Transportation ESF #1
Robert Nugent
Wayne Zachary
Emergency Communications ESF #2
Selma Southard
Public Works & Engineering ESF #3
Keith Browning
Tammy Bennett
Dave Wagner
Fire ESF #4
Chris Lesser
Emergency Management ESF #5
Kim Ens
John Marmon
Human Services/Mass Care ESF #6
Jane Blocher
Resource Mgmt ESF #7
Tracie Massey
Wesley/Susan Dalberg
Health & Medical ESF #8
Richard Ziesenis
Tom Damewood
Search & Rescue ESF #9
Mark Bradford
HazMat ESF #10
Mark Bradford
Agriculture/Natural Resources ESF #11
Midge Grinstead
Utility/Energy ESF #12
Chuck Hoag
Stone Junod
Law Enforcement ESF #13
Ken McGovern
Ron Olin
Mike McKenna
Greg Dahlem
Ralph Oliver
Public Information ESF #15
Lisa Patterson
Chemical Preparedness
Susan Rodgers
Community Group
Marcia Epstein
Nicole Rials
Education
Rick Gammill
Don Grosdidier
Bret Jones
Mike Russell
Jennifer Lewis
Environment
Dwayne Fuhlhage
Allen Rogers
Shane Munsch
Facility Industry
J Souders
Social Service Agency
Bob Byers
This board is comprised of SARA TITLE III representatives as required
by federal legislation as well as additional community partners.
Motion was seconded by Thellman and carried unanimously.
MISCELLANEOUS 08-05-09
The Board asked for an update on the status of the two text amendments to the Douglas County Zoning Regulations that they initiated at the June 24, 2009 meeting. The text amendment initiated to create the authority for conditional zoning is in draft form and is scheduled for public hearing on August 24, 2009, by the Planning Commission. Draft language is still being reviewed by staff and will be distributed to the Commissioners by the end of the week for their review and comment. Staff has not yet met to discuss the other text amendment to create a new "B-4" business district for conference, retreat, recreational and tourism uses.
Commissioner Flory asked if there was a need for the Commission to discuss the "opt in" or "opt out" of uses in a zoning district for the public hearing on this text amendment. Linda Finger said that was related in a philosophical way to understand how the text amendment would be used. It was not something that would appear in the written text of the amendment. The Board discussed individual perspectives on what their intentions were in regard to conditional zoning when the amendment was initiated. Ms. Finger said staff had discussed how conditional zoning was used in the City of Lawrence with the Planning Director. Mr. McCullough had indicated that both approaches - opting into a set selection of uses and opting out of or striking uses in a district that were not part of the zoning approval - had been used.
The Board discussed how to convey to the Planning Commission their theory on conditional zoning and reached no conclusion.
Thellman moved to adjourn the meeting; Gaughan seconded and the motion carried unanimously.
____________________________ ____________________________
Nancy Thellman, Chair Jim Flory, Vice-Chair
ATTEST:
_____________________________ _____________________________
Jamie Shew, County Clerk Mike Gaughan, Member
Time and Date