Planning Commission
Regular MeetingDerby, KS · December 5, 2013
Minutes
CITY OF DERBY
PLANNING COMMISSION MINUTES
December 5, 2013, 6:30 PM - Approved
MEMBERS PRESENT: Pat Baer, Herman Hicks, Dennis Poteete, Doug Chambers,
Kathy Wills, Gunter Hansen, Mitch Adams
MEMBERS ABSENT: Josh Kippenberger, Shawn Riley, Jack Hezlep
CITY STAFF PRESENT: Cody Bird, City Planner; Marcia Hartman, Recording Secretary;
Dan Squires, City Engineer
AGENDA ITEM NO: 1
DESCRIPTION: Spring Creek Watershed
Dan Squires, City Engineer – presented information regarding the study underway for
assessing the Spring Creek basin. The study is managed by the Stormwater
Management Advisory Board (SMAD), and prepared by Northwater Consulting, Shockey
Consulting, and Continental Mapping. The study focuses on three areas – flooding,
water quality, and erosion.
Adams – asked what initiated the study.
Squires – said it provides a guide to address issues that have not been addressed, such
as detention storage and pollutant load.
Wills – asked what the east side boundaries were for the study.
Squires – answered roughly 143rd Street east, and north to Pawnee Street.
Wills – asked for clarification regarding potential properties identified with septic system
function issues.
Squires – said the study identifies permitted septic systems located in the flood plain, not
whether they are functioning properly.
Baer – asked if the study considered preexisting data.
Squires – said the consultant did a great deal of data collection, which includes previous
studies.
AGENDA ITEM NO: 2
DESCRIPTION: Past Planning Commissioner Experiences, Larry Gould
Larry Gould, former planning commissioner – provided a brief overview of Derby’s history
and growth, and shared experiences from his time serving on the Derby Planning
Commission. He highlighted the role of a planning commissioner serving on a public
board and discussed topics such as ex parte communications, the chairman’s roll during
public meetings, planning commission attendance policy and the benefits of planned unit
developments (PUDs). Gould also mentioned the importance of the decision-making
process as the planning commission considers and makes recommendations which
affect the community as a whole.
DERBY PLANNING COMMISSION MINUTES Page 1 of 3
AGENDA ITEM NO: 3
DESCRIPTION: By-laws / Meeting Procedures
Bird – reviewed procedures of the planning commission by-laws, including: meeting
conduct, chairperson duties, limiting side conversations and correctly making motions.
He encouraged commissioners to review planning commission meeting videos that are
available on the city’s website to assess how the meetings are conducted and to identify
ways to improve the meetings.
Baer – asked for clarification when making a motion.
Bird – encouraged members to begin with the recommended motion included in the staff
report. If discussion during the meeting warrants additions or changes to the motion,
Commissioners may ask for clarification of the discussed changes before making a
motion. The Chairman is responsible for restating motions before calling for a vote.
AGENDA ITEM NO: 4
DESCRIPTION: Ex parte Communications
Bird – identified what is categorized as ex parte communications and the impacts of not
sharing information gained through private conversations. He provided handouts
referencing due process through open and fair decision-making processes.
Adams – asked if there was a deadline for public comments to the Planning Department.
Bird – answered no.
Hicks – asked if the items enclosed in the planning commission packets were identical for
all members.
Bird – answered yes.
Wills – asked if discussion between a planning commission member and the city planner
needed to be disclosed.
Bird – answered, if the information discussed is pertinent to the case and could influence
the decision, the information needs to be provided to all planning commission members.
Adams – asked if discussion occurred between all the planning commission members
and the city planner prior to the public hearing, would the planning commission be
required to disclose that discussion to the audience.
Bird – indicated that it was probably not a technical requirement, but would follow up to
address the question.
AGENDA ITEM NO: 5
DESCRIPTION: Planned Unit Development Procedures
Bird – discussed the intended purpose and benefits of planned unit developments
(PUDs). He also summarized the steps of the PUD approval process.
Wills – asked if each PUD was unique and whether it affected other parcels.
Bird – answered yes, each PUD is unique, and the requirements for one PUD may differ
from the requirements of another PUD or other zoning districts.
DERBY PLANNING COMMISSION MINUTES Page 2 of 3
AGENDA ITEM NO: 6
DESCRIPTION: West End Study
Bird – indicated that lately, the planning commission has been presented primarily site-
specific cases. He reminded members that the commission is also responsible for
reviewing large scale projects that would encompass and influence the entire community.
Specifically, he mentioned that a study of the area west of K-15 Highway is planned to
begin in 2014. Similarly, the Comprehensive Plan will be reviewed and updated in the
near future.
COMMUNICATIONS:
Hansen – inquired about dirt work on north Rock Road.
Bird – said the property owner is creating a new detention pond and using excavated dirt
to level lots. No permit was needed for tree removal or grading.
Bird – indicated that no action items were received for the regularly scheduled meeting of
December 19, 2013.
MOTION TO ADJOURN: Herman Hicks
SECOND: Gunter Hansen
VOTE: 7-0
Meeting adjourned at 8:17pm
Marcia Hartman Pat Baer
Recording Secretary Chairman
DERBY PLANNING COMMISSION MINUTES Page 3 of 3
Agenda
CITY OF DERBY
________________________________________________________________
MEETING OF THE PLANNING COMMISSION
WORKSHOP MEETING
December 5, 2013
6:30 PM
________________________________________________________________
CALL MEETING TO ORDER
ROLL CALL
AGENDA ITEMS (NO ACTION MAY BE TAKEN IN A WORKSHOP MEETING)
DISCUSSION TOPICS
1. Spring Creek Watershed
2. Past Planning Commissioner Experiences
Larry Gould
3. By-laws / Meeting Procedures
4. Ex parte Communications
5. Planned Unit Development Procedures
6. West End Study
ANNOUNCEMENTS
ADJOURN
NEXT CITY COUNCIL REPRESENTATIVES:
December 10 Shawn Riley
January 14 Herman Hicks
January 28 Dennis Poteete
February 11 Pat Baer
February 25 Kathy Wills
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