Meeting Information
County Commission will meet at 4:00 p.m. for administrative items. The will be no 6:35 p.m. meeting.
The 6:35 p.m. item regarding the Pumpkin Patch has been deferred to the 10-09-13 meeting.
Gaughan called the regular meeting to order at 4:00 p.m. on Wednesday, September 25, 2013 with all members present.
CONSENT AGENDA 09-25-13
Gaughan moved approval of the following Consent Agenda:
► Commission Order Nos.13-026 and 13-027 (on file in the office of the Clerk); and
► Approval of a lease agreement for Lecompton Tower Site with Hayden Tower Service to construct and operate emergency radio communications for Douglas County Emergency Communications; and
► Adoption of the report of the 2013 annual review of the Douglas/Jefferson Counties Regional Solid Waste Management Plan.
Motion was seconded by Flory and carried 3-0.
Pulled from the agenda:
SUSTAINABILITY 09-25-13
The Board considered the recommendation of a contract with SCALE Inc. to conduct a food hub feasibility study for northeast Kansas. Eileen Horn, Sustainability Coordinator, presented the item.
Horn asked how often the Board would like updates on the study. Gaughan stated he would like an update when there was an official benchmark in the project between now and the final report.
Gaughan opened the item for public comment. No comment was received.
Gaughan moved to award a contract to SCALE to conduct a northeast Kansas food hub feasibility study for $68,250 and according to the terms outlined in the contract agreement. Motion was seconded by Flory and carried 3-0.
PLANNING 09-25-13
Gaughan moved to approve SP-13-00410, a site plan for an accessory use to the Lonestar Church of the Brethren and documenting the existing site conditions be approved. Motion was seconded by Thellman and carried 2-0 with Flory abstaining.
EMERGENCY COMMUNICATIONS 09-25-13
Gaughan moved to approve an Interlocal Agreement with Johnson County, Kansas for backup use of the Johnson County Communications Center. Motion was seconded by Thellman and carried 3-0.
Note: The Johnson County Communications Center will be utilized four days per year for testing and training and funded through the 911 fee fund.
PUBLIC WORKS 09-25-13
The Board considered the approval of a Home Rule Resolution of the Board of County Commissioners adopting policies and procedures for Temporary Business Use Permits in connection with the Kansas Department of Transportation's K-10 Highway Extension Project. Linda Finger, Interim Director of Zoning & Codes; and Keith Browning, Director of Public Works, presented the item.
There was discussion on the Zoning and Codes Department performing the administrative reviews of the Temporary Business Permits required in connection to the K-10 Highway extension project to assure central issues are addressed such as entrance permits, approval of contractors working weekends and holiday, dust control issues and setback, etc.
Browning stated he had discussions with the lowest bidder, though not awarded, who had comments on our original project draft. They wanted the restriction removed regarding weekend and holiday hours. The County included a provision that the contractor must have permission from Zoning & Codes to work other than sunrise to sunset. A 72 hour written permission from KDOT would be required before additional days are allowed. The contractor has the option to come before the Board if staff d s not approve a request.
Thellman asked for a definition of a borrow pit. Browning responded it is often a pond, where the contractor strips the top soil and stock piles it. Thellman asked if when considering potential borrow pits the staff would take into consideration the FAA circular regarding waterfowl mitigation and ponding within the 10,000 foot perimeter of Lawrence's Municipal Airport. Staff acknowledged that as a factor to consider.
Gaughan opened the item for public comment. No comment was received.
Flory moved to approve Home Rule Resolution 13-9-3 adopting policies and procedures for Temporary Business Use Permits in connection with the Kansas Department of Transportation's K-10 Highway Extension Project. Motion was seconded by Gaughan and carried 3-0.
PUBLIC WORKS 09-25-13
The Board considered the approval of a road construction agreement with Penny's Aggregates, Inc. for road improvements required by conditions to the CUP for a sand excavation facility. Keith Browning, Director of Public Works, presented the item.
Penny's is required to realign the entrance to the sand facility so it opposes the Noria Road intersection and N1500, and they must construct an east bound turn lane on 442 at route 1057. Plans are completed and paid for by Penny. The County will pay the contractor, submit an invoice to Penny for cost, and Penny will reimburse the full construction cost and engineering design.
Gaughan opened the item for public comment. No comment was received.
Flory moved to approve the Agreement with Penny's Aggregate, Inc., Penny's Concrete, and Van, LLC. Motion was seconded by Gaughan and carried 3-0.
PLANNING/TRANSPORTATION 09-25-13
Gaughan moved to approve a Comprehensive Plan Amendment, CPA-13-00272, to Horizon 2020, Chapter 8 Transportation, to incorporate Goals, Objectives and Strategies in the new T2040 Metropolitan Transportation Plan. Motion was seconded by Thellman and carried 3-0.
PLANNING 09-25-13
The Board considered Site Plan, SP-13-00328, for Dupont Pioneer Addition, located at 1451 N 1823 Road. The application was submitted by Paul Werner Architects, for RCH LLC, property owner of record. Sandra Day, Lawrence-Douglas County Metropolitan Planning Staff, presented the item.
The applicant's request is for the addition of a 9,600 square foot building for equipment storage. The parking lot will be expanded to accommodate 21
off-street parking spaces for expanded work force. The proposed changes will expand the gravel area south of the building towards the Maple Grove Cemetery. If approved, the applicant must provide executed agreements to annex.
Thellman stated the original landscaping along the south side of the lot adjacent to the cemetery is missing trees and she feels that is a sensitive area. Day said the Commission can add direction to add shrubs to fill in the landscaping if needed.
There was discussion that the site plan approved by the County Commission in 2008 did not include gravel expansion to the south. Over the years the gravel site evolved since the site plan approval in 2008, causing the natural barrier to disappear. According to Day, if the applicant/property owner wanted to use that gravel area for storage, he didn't need to come to the County Commission for site plan approval, but rather go through the proper zoning procedure for screening. Day said there was no documentation that process happened. Thellman commented that the tree issue may be a city responsibility.
Joy Ray, Paul Werner Architects, stated she d s not know if the cedar trees belong to the cemetery or the applicant. She is unaware if the gravel area was approved. Her concern was this is an existing site where they are adding a building. County Code d s not specify the need for a buffer. She feels a pull back of the gravel to stay 15 feet from the property line is a good compromise.
Gaughan opened the item for public comment.
Flory moved to approve Site Plan SP-13-00328 for a machine storage building at 1451 N 1823 Road known as Dupont Pioneer with the condition that the documents for annexation in process be completed and executed appropriately. Motion was seconded by Gaughan and carried 3-0.
PAYABLE 09-25-13
Gaughan moved to approve accounts payable in the amounts of $925,855.92
to be paid on 09/26/13 and $539,507.06 paid on 09/19/13; and wire transfers in the amounts of $1,000,000.00 paid on 09/16/13 and $52.00 paid on 09/24/13. Motion was seconded by Flory and carried 3-0.
Gaughan moved to adjourn the meeting; Flory 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