Meeting Information
4:00 p.m.
-Consider the minutes for December 5, December 12 and December 19, 2012; and February 13, 2013
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders;
(b) Review and Approve 7th Judicial District Juvenile Justice Authority Prevention, and Core Services Funding Application for FY 2014. (Pam Weigand);
(c) Consider approval of Crushed Rock Bids for Road Maintenance (Keith Browning);
(d) Consider approval to submit Heritage Preservation Fund (HPF) Grant to support 2013 Historic Resources Survey of Wakarusa Township (Jeanette Blackmar);
(e) Consider adoption of rezoning Resolution for Sadies Lake property. Consideration of this item was held until the conditions of approval were met, which included the recording of a final plat for the property (Linda Finger);
(f) Consider adoption of Home Rule Resolution amendment to Chapter 13 Construction Codes pertaining to Unsafe Structures and Right-of-Entry (Linda Finger);
(g) Consent approval of Bids for Noxious Weed Herbicides (Keith Browning);
(h) Consider modifications to Lone Star Lake marina building improvements for the bidding process (Jackie Waggoner/Doug Stephens); and
(i) Consider approval of asphalt supply contract for 2013 Maintenance Season (HMA)(Keith Browning).
REGULAR AGENDA
(2) Consider waiving formal bidding process and authorizes staff to enter into negotiations with Spillman Technologies for a countywide CAD/Mobile/RMS solution. (Scott Ruf)
(3) (a) Consider approval of Accounts Payable (if necessary)
(b) Appointments
-Lawrence Douglas County Metropolitan Planning Commission 05/13
-Heritage Conservation Council 05/13
-Property Crimes Compensation Board 04/13
(c) Public Comment
(d) Miscellaneous
RECESS
RECONVENE
6:35 p.m.
(4) Public Meeting on Sheep Shearing Open Farm Day (Natayla Lowther)
(5) CUP-12-00099: Consider a Conditional Use Permit for sand excavation and extraction for Penny Sand Pit, approximately 434 acres located on the NE Corner of N 1500 Road & E 1850 Road. (The County Commission considered this CUP at their February 27, 2013 meeting and directed staff to draft a set of conditions to reflect the Commission's discussion and return the item to the Commission on March 13, 2013.)(Mary Miller will present the item)
(6) Adjourn
Gaughan called the regular meeting to order at 4:00 p.m. on Wednesday, March 13, 2012 with all members present.
MINUTES 03-13-13
Gaughan moved to approve the minutes of December 5, December 12 and December 19, 2012, and February 13, 2013. Motion was seconded by Thellman and carried 3-0.
CONSENT AGENDA 03-13-13
Gaughan moved approval of the following Consent Agenda:
► Commission Order Nos.13-012 (on file in the office of the Clerk); and
► 7th Judicial District Juvenile Justice Authority Prevention, and Care Services Funding Application for FY 2013;
► Acceptance of the bid from Mid-Stats Materials for the supply of 1,000-3,000 tons Road Rock (Special), 1000-3000 tons of Combined Material (AB-3), 1000-3--- tons Shot Rock and 500-1500 tons of Rip Rap from both the Globe and Big Springs quarries, and the bid from Hamm Quarries for 1000-3000 tons of Road Rock (Special), 1000-3000 tons of Combine Material (AB-3), 1000-3000 tons for Shot Rock and the bid from Hunt Martin for 1000-3000 of Combined Material (SB-3), 1000-3000 tons Combined Material (AB-3) and 500-1500 tons of Rip Rap. In addition, grant permission for the Public Works Director to enter into an agreement with Ames construction for the purchase of 15,000 tons of aggregate base material for $.25/ton;
► Approval to submit Heritage Preservation Fund (HPF) Grant to support 2013 Historic Resources Survey of Wakarusa Township;
► Resolution 13-06 of the Board of County Commissioners of Douglas County, Kansas, changing the zoning classification for a tract of land known as "Sadies Lake Addition" located in the unincorporated territory of Douglas County, Kansas from "A" (Agricultural) to "R-T" (Rural-Tourism Business District;
► Home Rule Resolution 13-3-2 of the Board of County Commissioners of Douglas County, Kansas, amending the Construction Codes of Douglas County, Kansas, September 19, 2012 Editions, as codified at Chapter 13 of the Douglas County Codes;
► Approval of the low bids from supplies for Noxious Weed Herbicides as follows:
Herbicide
Quantity
Unit Cost
Total Cost
Vendor
Picloram
400 gal
$45.94
$18,376.00
Van Diest
2, 4-D Amine
800 gal
$12.97
$10,376.00
Van Diest
Glyphosate
500 gal
$13.26
$6,630.00
Lone Pine
PastureGard HL
400 gal
$83.45
$33,380.00
Lone Pine
Milestone (Gal.)
60 gal
$285.24
$17,144.40
Lone Pine
Milestone (Qt.)
24 qt.
$72.91
$1,749.84
Lone Pine
Escort
128 oz.
$3.85
$492.80
CPS
► Authorized staff to solicit bids for the complete structure improvements of the Lone Star Lake marina; and
► Contract with Asphalt Sales of Lawrence to supply 5,001 tons to 8,000 tons of HMA asphaltic concrete at the unit price of $43.99 per ton, and approve contract with Bettis Asphalt to supply 1,000 tons to 5,000 tons at the unit price of $48.90 per ton.
Motion was seconded by Flory and carried 3-0.
EMERGENCY COMMUNICATIONS 03-13-13
Scott Ruf, Director of Emergency Communications, asked the Board to consider waiving the formal bidding process and to authorize staff to enter into negotiations with Spillman Technologies for a countywide CAD/ Mobile/ RMS solution.
Ruff explained the proposed software will increase efficiency for deputies and fire/EMS personnel. The 9-1-1 Advisory Board solicited a request for information and budgetary proposals from qualified vendors. It was determined Spillman Technologies is the most capable to provide integration between the partner agencies.
Ken McGovern, Douglas County Sheriff; and Mark Bradford, Lawrence-Douglas County Fire Chief, both spoke in support of the upgrades.
Gaughan opened the item for public comment. No comment was received.
Flory moved to waive the formal bidding process and authorized the Director of Emergency Communications to advise Spillman Technologies of our intent to negotiate for a new countywide CAD/Mobile/RMS solution. Motion was seconded by Thellman and carried 3-0.
ACCOUNTS PAYABLE 03-13-13
Gaughan moved to approve accounts payable in the amounts of $553,402.41 to be paid on 03/14/13. Motion was seconded by Thellman and carried 3-0.
RECESS 03-13-13
At 4:38 p.m. the Board recess until 6:35 p.m.
RECONVENE 03-13-13
The Board returned to regular session at 6:35 p.m.
ZONING & CODES 03-13-13
The Board held a public meeting to consider a request for an Agritourism Activity at the Pinwheel Farm site, located at 1480 N. 1700 Road, for a Sheep Shearing Open Farm Day on March 16, 2013.
Natalya Lowther, property owner, addressed the event set up, vehicle and other provisions as set out in the permit process.
Gaughan opened the item for public comment.
Diane Menzie, 509 North Street, stated she is an adjacent neighbor to the proposed event location. She said the applicant worked with her on the parking issues along her property frontage and the ingress and egress into the event site. She is in favor of Ms. Lowther's event.
Gaughan moved to direct staff to move forward with the application, striking any wording for a hunting event, from the application. Motion was seconded by Thellman and carried 3-0.
PLANNING 03-13-13
The Board considered CUP-12-00099, a Conditional Use Permit for sand excavation and extraction for Penny Sand Pit on an approximately 434 acres located on the northeast corner of N 1500 Road and E 1850 Road. The County Commission considered this CUP at their February 27, 2013 meeting and directed staff to draft a set of conditions to reflect the Commission's discussion and return the item to the Commission on March 13, 2013. Mary Miller, Lawrence-Douglas County Planning Staff, presented the item.
The Board confirmed public comment was heard and officially closed at the February 27, 2013 meeting. It was the consensus of the Commissioners to hear comments from professionals at the direction of the Board members.
Miller addressed a letter received from Carl McElwee regarding 500 foot setbacks along each side of his property that backup up to the applicant. Miller stated the Board did agree at the February 27, 2013 meeting to incorporate that as a condition for the applicant. Miller showed a map of the reduced site and reclamation map.
Miller reviewed the following conditions directed to staff at the February 27, 2013 meeting:
1. CONTINGENT APPROVAL
b. The County Commission will contract with a 3rd party independent consultant, to conduct the necessary studies and prepare the pre-dredging report following the execution of an agreement between the property owner and the County Commission which specifies that the property owner shall reimburse the County Commission for the expense following completion of a pre-dredging reports which is accepted by the County Engineer. This agreement shall be executed and recorded prior to the commencement of work on the pre-dredging report.
2. PRE-DREDGING REPORT
No changes proposed
3.The applicant shall prepare and submit a fuel/chemical handling and spill response plan for the County Engineer's approval. This plan will be provided to the Commission when the CUP is returned following completion of the pre-dredging report.
4. Best Management Practices: Conditions 4-9 - No changes
10. Continue river bank monitoring along the east bank of the KS River. Extend monitoring points north to the point the river bends from north to east, and also extend monitoring points east from the river bend along the north side of applicant's property. The locations of these monitoring points shall allow for surveying the river bank along the west and north sides of applicant's property. The river bank along the west and north side of applicant's property shall be surveyed by a licensed land surveyor following all overbank flooding events lasting more than one week in duration, and the results of the survey shall be conveyed to County Engineer.
11. The applicant will be responsible for the cost of any mitigation measures needed, as determined by County Engineer, as a result of river bank movement on applicant's property. The cost of mitigation includes the cost of engineering design of the mitigation measures as well as the construction cost of the measures. Any mitigation measures are subject to USACE-KCD approval.
12. The revetment in the northwest portion of property breached in 1993 shall be studied by a competent engineer experienced in fluvial geomorphology hired by the applicant, and removed or modified and additional revetments on the east bank shall be installed following river engineering study if the County Engineer, the United States Army Corps of Engineers-Kansas City (USACE-KCD), and other permitting agencies find the changes appropriate. The applicant shall hire the engineer, and the study shall be commenced, prior to any excavation for the sand pit.
13. Permits: no changes
14. An affidavit designating responsibility for the ongoing maintenance of the berms and lake to the property owner and outlining the ongoing maintenance and protection measures shall be executed and recorded with the Register of Deeds prior to the release of the CUP plans to the Zoning and Codes Office. This affidavit agreement shall note that the future use of the lake will be 'private recreation' and that no boats with larger than 10 horsepower engines will be permitted on the lake. The removal of these restrictions would require approval of a Conditional Use Permit. A copy of the affidavit agreement shall be provided to the Planning Office for the file. With the transfer of property ownership of any land containing the water feature or surrounding berms, the new owner shall file a maintenance bond, or similar protection means acceptable to the Board, to insure maintenance/protection of the berms and water feature.
15. Access Easement: No changes
16 Floodplain Development Permit: No changes
17. Reclamation plans: changes to (b) and (f)
b) The plan shall note that the intended use of the lake, when mining and reclamation is complete, is to be a private recreational feature and note that boats with larger than 10 horsepower engines will not be permitted on the lake. The removal of these restrictions would require approval of a Conditional Use Permit.
f.) The reclamation plan shall be revised to reflect the increased setback and vegetated riparian buffer required on the north-northwest side of the property and the reduced area on the south, with Phase 20 being the final phase.
18. The applicant shall submit a revised CUP plan with the following changes:
a) The additional setback and vegetated riparian buffer area shown on the north/northwest corner of the property per the County Engineer's approval.
i) The applicant will develop a general landscaping plan for the buffer area with assistance of the KS Forestry Service and/or the United States Armey Corps of Engineers-Kansas City District (USACE-KCD) and provided with the CUP plan. The buffer area vegetation shall be planted and maintained per this plan.
ii) The general landscape plan must be approved prior to the release of the CUP to the Zoning and Codes Office.
iii) Planting shall commence in accordance with the landscaping plan when the weather is appropriate and shall be completed prior to any earthmoving occurring in the CUP area.
b) The sand pit will terminate with Phase 20 with no dredging activities to occur south of this phase. The CUP plan shall be revised to reflect the reduced area of the sand pit. The operation plans shall also be revised to reflect the reduced area of the sand pit and the additional buffer area
(h)
i) Hours of operation are 6:30 AM to 6:30 PM, Monday through Friday.
ii.) A muffler system shall be installed, operated, and maintained on the dredge engine to reduce the noise levels associated with the dredging activity.
19. Road Intersection Improvements - No Changes
20. Monitoring wells - No Changes
21. Restriction on concurrent dredging - No Changes
Flory asked is the applicant has agreed to the revised conditions. Miller replied "yes."
Thellman asked Douglas Helmke, Kansas Rural Water Association, to define some information regarding the sandpits based on his experience. He worked with a past City Administrator to help develop a source water protection plan for the City of Eudora. The City of Eudora had asked the Planning Department to develop boundaries for a protection area to use as an overlay zone. Due to changes in Eudora administration, nothing transpired.
Thellman asked if the protection plan had been put in place, would Eudora's two-mile zone be out of bounds for gravel and sandpits. Helmke replied he assumes the governing body would have a restricting list of activities that could threaten the water supply, which may or may not have included a sandpit. Many restrictions involve underground fuel tanks or pipelines that could potentially leak. It would be whatever the governing body wanted to restrict.
Thellman asked if it is still worth the City of Eudora's time to pursue regulatory language. Helmke said the City of Eudora could look at other more dangerous activities that should not be located near a public water supply. The sandpit has its own unique threat that may be fairly small but hopefully the pre-dredging report will investigate and address those threats. There could be other activities that could occur that the City should try to prevent.
Flory asked if Helmke is saying the City of Eudora can exercise extra territorial jurisdiction and prohibit activities outside their city limits. Helmke replied "no." He d sn't completely understand how the process works with Planning and Zoning, but this Board would have the final say. Flory responded "that makes sense."
Miller stated there was a planner that worked on the overlay district and did include a set of standards in the Zoning Regulations. In mining or industrial uses it is recommended to have chemical or fuel spills directed to a Publicly Owned Treatment Works. That came before the Board in 2007.
Thellman asked if the pre-dreding report should identify high velocity areas where water can travel hundreds of feet in a day. Helmke stated larger gravel transfers water faster. He is concerned wildlife will contaminate the water in the pits then flow into the aquifer at a higher rate than the rest of the ground water. Thellman stated she is sure the water study should determine where the flow is, but regarding the fast layer of gravel, should we ask for more borings or will the well testing take care of that. Helmke responded Commissioner Thellman should ask someone with experience in designing those kinds of studies to get the answers Thellman is looking for.
Thellman asked if the Board needs to determine whether there should be further borings to establish these high velocity gravel paths or should it be left to the consultant to make that determination. Browning stated it should be left to the consultant. They are aware of the concern.
Thellman asked Helmke to describe a worst case scenario, in his opinion, when there is high water upstream and large capacity pumping downstream; and when this is plain, river flooding filling the pit. Hemlke said his worst case would be a hot, dry summer when all the irrigation wells are running 24 hours a day, there is high demand on public water supplies with reservoirs releasing water which could cause heavy draw on the aquifer. Plain, river flooding could cause a lot of mud in the pit which could overflow into the river, possibly changing the course of the river.
There was discussion on Finding #17, the final approval of CUP will come after the pre-dredging report. Flory said there will be further discussion and conditions recommended by staff and the consultant and implemented by the Board as the process continues.
Flory stated after having considered all testimony at both hearings and statements, reports generated, correspondence, expert opinions, emails received, written material, staff reports and information on staff, he moved to make necessary findings on contingency, and based upon all of that review including the Findings of Fact and conclusions, which Flory stated he believes to be accurate and incorporates them into the findings of his conclusion where he moves to approve CUP-12-9-0099 as submitted by Penny Sandpit, subject to all conditions which have been established in the reports submitted to the Board and Planning Staff including the conditions which are contingent upon the ability to add additional conditions based upon the report. Motion was seconded by Gaughan.
The Board continued to discuss the listed CUP conditions. Thellman suggested the Board consider finding an independent consultant to do the pre-dredging study because she feels Conestoga-Rovers & Associates (CRA) Consulting Company made statements that seemed to presume the eventual success of the CUP, which Thellman disagrees with.
Gaughan asked Keith Browning, Director of Public Works, to provide the process he used in choosing a professional consultant for the pre-dredging report. Browning responded Conestoga-Rovers & Associates (CRA) Consulting Company was recommended by George Butler Associates as a surface water expert, whose background and experience level seems to fit this work.
It was the consensus of Commissioners Flory and Gaughan that CRA is an unbiased and objective firm for the project.
There was discussion on cost projects so far on professional opinions for this dredging project as being $59,000 for the pre-dredging report and approximately $5,000 for the third party review. The Board continued to discuss the conditions listed on the CUP and if the applicant wanted to make any changes to the permit it would required a revision to the CUP. A representative of the applicant stated mufflers have been ordered for the dredging equipment and will be installed within the next week on the equipment currently dredging the Wakarusa River, and will be used on the CUP project if approved.
The Board also discussed whether the $1million liability coverage required
by the applicant would be sufficient coverage for this CUP. Gaughan commented that in a previous meeting, Eudora City Manager, John Harrenstein, estimated the cost to add a water treatment facility to the City of Eudora to cost approximately$1-2 million. And this is the only number received from the City of Eudora during this discussion process. Flory added the $1 million liability d s not limit the owner's responsibility. At this time, the performance bond is assumed sufficient.
After final discussion, Gaughan took a vote on Commission Flory's motion. The motion carried 2-1 with Thellman in opposition.
Flory moved to adjourn the meeting; Gaughan seconded and the motion carried 3-0.
____________________________ ____________________________
Mike Gaughan, Chair Nancy Thellman, Vice-Chair
ATTEST:
____________________________ _____________________________
Jamie Shew, County Clerk Jim Flory, Member
Time and Date