Meeting Information
The County Commission will meet at 4:00 p.m. for administrative items and 6:35 p.m. for public interest items. Please see full agenda with the 4:00 p.m. meeting entry.
Thellman called the regular meeting to order at 4:00 p.m. on Wednesday, March 19, 2014 with all members present.
CONSENT AGENDA 03-19-14
Thellman moved approval of the following Consent Agenda:
- Commission Order Nos.14-013 and 14.014 (on file in the office of the Clerk); and
- Receive the 2013 County Engineer’s Annual Report submitted to KDOT;
- CUP-13-00492, Lodging House and Recreation Facility located at 1804 E 1500 Road with the following conditions:
1) The provision of a revised Conditional Use Permit Site Plan with the following changes:
a. Addition of the following note regarding the building requirements: “Submission and approval of building plans to the Zoning and Codes Office is required for the hostel and assembly area uses. Adaptations to the existing buildings to bring them into code compliance shall be completed
prior to release of a certificate of occupancy for the use.”
b. Revise the site plan to show the location of additional off-street parking spaces per staff approval prior to issuance of an occupancy permit for capacity more than 85 people prior expansion of the assembly use.
c. Provide a note on the site plan that states “Well water is not an approved water source for public use. The operator will supply bottled water or another public water supply for the use per the approval of the Douglas County Health Department.”
Motion was seconded by Gaughan and carried 3-0.
OUTDOOR BURN PRACTICES 03-19-14
The Board moved to adopt Resolution 14-07 providing for the imposition of restrictions on certain outdoor burning practices in the unincorporated area of Douglas County, replacing Resolution 14-06 as implemented by Commission Thellman pursuant to K.S.A. 48-932 on March 18, 2014. Motion was seconded by Gaughan and carried 3-0.
Note: The outdoor burning restriction contained in the declaration shall take effect immediately and be in force until the County Commission considered whether to extend or terminate the ban on April 16, 2014, or the County Commission chair terminates the ban prior to April 16, 2014.
FAIRGROUNDS 03-19-14
The Board continued discussion on the Fairgrounds Master Plan as deferred from the February 5, 2014 meeting. Sarah Plinsky, Assistant County Administrator, reviewed the current rent fee resolution with the Board. The recovery rate of fairground usage is currently at 27.6%. The last increase in fairground fees was in 2009. There was discussion on fee waived organizations and having staff do a comparison on what other counties and cities exempt for their building uses and what organization receive fee waivers. The Douglas County Fair and 4-H organizations currently have their fees waived.
Discussion included deferred maintenance, a refresh needed of the Master Plan, and financing with the creation of a Public Building Commission to oversee payments which would be required if the Board pursues the Master Plan without having a public vote.
Flory stated adopting the Master Plan would improve the quality and usefulness of the entire property making the Douglas County Fairgrounds some of the best in the state. According to Flory the County has no idea of the potential for outdoor and large events. Any event is an economic benefit to the east side of Lawrence. Flory said he thinks the debt service is beneficial. He would like to make it a goal to target the payments from the CIP fund. Flory said the usefulness of the facility will be extended long past the debt period. He can’t see carving up the plan as it has the most benefit potential as is. Flory added he would like to make a commitment and move forward.
Gaughan stated he understands the improvements will never pay for themselves, but he is struck by the idea a prior Commission felt the County could recover half of our costs. He feels this project is the responsibility of the County though he would like a better understanding of the ongoing operational costs, staffing costs and potential revenue.
Plinsky replied if the Commission wishes to pursue the proposed $6.5 million Master Plan project, she can conduct a fuller project analysis and bring back recommended rates, operation costs, usage policy and what kind of staffing and maintenance will be required. We are looking at a 365-day event space that has to be monitored in a completely different manner than how we manage the fairgrounds today.
Gaughan added the capital costs are clear but the operational costs are not built into the debt service. He d s not want to separate those ongoing regular maintenance and upkeep costs that we cannot conceive today from the decision to move forward. Gaughan said he is not sure of the budget impact of adding possible fulltime fairgrounds staff.
Thellman stated she also has concerns about additional staffing needs and the possibility of raising the mill levy to cover expenses that cannot be made up for in fees. On the other side of that discussion, this is also beneficial to the East Lawrence community. Thellman said she is interested in pursuing our Sustainability Coordinator’s suggestion of the incorporation of walking paths, demonstration gardens and other projects that make this an asset to the surrounding neighborhoods. Thellman said the Board has worked to get the CIP back up to 4 mills to cover core county projects. She is not sure she wants to see long-term payments coming from that account.
It was the consensus of the Board to support the continuation of the full master plan for design development, to continue working with consultants to devise a cost analysis to help determine funding, and for staffing and future maintenance expenses.
ACCOUNTS PAYABLE 03-19-14
Thellman moved to approve accounts payable in the amount of $720,651.91 to be paid on 03/20/14. Motion was seconded by Flory and carried 3-0.
RECESS 03-19-14
At 5:29 p.m., Thellman moved to recess until 6:35 p.m. Motion was seconded by Flory and carried 3-0.
RECONVENE 03-19-14
At 6:35 p.m., the Board returned to regular session.
ZONING 03-19-14
The Board considered the approval of ZTBU-2014-0002, a Temporary Business Permit for a Concrete Batch Plant, to be located south and east of where the Mary’s Lake caretaker’s house was located at 1535 N 1300 Road. Linda Finger, Planning Resource Coordinator, introduced Steve Eveland, Paving Operations Manager; Dennis Martin, Plant Operator; and Tyler Myers, Project Manager, all of Emery Sapp and Sons, Inc. (ESS). ESS is the contractor for KDOT on the South Lawrence Trafficway (SLT) and 31st Street extension project. The project is scheduled to be completed in a 32-month period.
Thellman opened the item for public comment.
Jim Gilliland, 3027 Harper, stated he d s not understand the schedule and has concerns with dust and noise.
Eveland, Paving Operations Manager with ESS, explained the scheduling as there will be no night time operation unless there is a city traffic issue. The paving operation will work a 5-day schedule unless they fall behind.
Daniel Aillon, 3026 Harper, stated he has concerns about the health risks of having a batch plant so close to a housing addition. He would like to see the plant moved.
Kevin Smith, 3022 Harper, said his biggest concern is health risks from being so close to the plant, especially the cement dust. He said he d s support the SLT.
Flory asked staff if KDHE has to issue a permit before operation can proceed. Finger replied that is correct. KDHE will inspect the site before issuing an Air Quality Permit. This permit is a condition and Emery Sapp cannot proceed without the permit.
Ryan Lohmeyer, 2906 Harper, asked for the applicants to talk about air quality control before the meeting g s any farther as it might answer some of questions of those who are waiting to speak.
Myers, Project Manager with ESS, said this is the one area on the entire six-mile alignment, 480 acres, where there isn’t a road or some type of improvement going on. At the end of this project, the LRM office and everything staked out gets graded down, top soiled and seeded. This was a dump site for LRM. There seems to be some misconceptions. The applicant must give plant specifications to KDHE to apply for an air quality permit. The plant has a bag house and they use water trucks to control dust. Myers stated as part of a construction process ESS has to do the work, for the public to enjoy the improvements. Regarding the cement concern, cement is a small portion of concrete. Only 10-15% of concrete is actually made of cement.
Flory said it seems people are concerned about the cement dust escaping during the mixing process. He asked how the cement dust is controlled.
Eveland stated there is a bag house, with about 110 bags, which is a big vacuum that pulls the dust through the bags and cleans the air and the air g s back out through an exhaust. The plants are enclosed in the front. The dust particles that get in the drum mix are minimal and are not airborne. They plan to add a second bag house on the site and the plant is setback on the site as far as possible.
Myers explained in detail the cement process from receiving the trucks to the batch process out of the silos. He said cement comes in contained and stays contained.
Thellman asked if the KDHE comes out and sporadically inspects the site. Eveland stated that is correct.
Florence Gilliland, 3027 Harper, asked if the applicant can use a saline solution on the dirt roads to minimize the dust like used on country gravel roads. Tyler said magnesium chloride is sometimes used by counties. Eveland added they plan to treat with water, but can look at options if dust becomes a big problem. Gilliland stated she is also displeased with the removal of some trees along 31st Street’s alignment, south of her property.
There was discussion on the notification process for this item as some neighbors said they did not receive any notice. Finger clarified that notification in the County is 1,000 feet from the site and 200 feet in the city limits. Only individuals within 200 feet of the site were notified.
Florence Gilliland asked why the plant cannot be located on North 1250 Road. Myers responded because there is nowhere within the project limits that is not either mitigated wetland, or real estate that is not being improved or altered as part of the project.
Flory added the County Commission d s not have the authority to tell the applicant to go elsewhere. The Board can either grant or deny the application.
Stephen Garlow, 2808 Harper, questioned why KDOT makes the decision on where to locate the batch plant within the project limits. He feels this location is not in the best interest of the neighbors. He said he is not opposed to the Trafficway. He stated concerns about blasting.
Christina Brookfield, 2819 Harper, said she has a daughter with respiratory issues.
Steve E. Ortiz, 3019 Harper, said he agrees with the neighbors about their concern for air quality. He was under the impression there will be blasting involved and he is afraid of damage to his house. He asked if the applicant would be willing to pave the 100 yards stretch of dirt road along this site so he d sn’t get his car dirty. The dust already ruined his $8 car wash.
Finger clarified there will be no blasting with this permit.
Myers stated there is a KDOT office along Haskell and he told the neighbors they are welcome to stop by if there are questions or concerns. The dirt road Ortiz referred to between Haskell and 1250 Road has to be restored to the original condition. The intersection will be repaved. As far as detours, this project has over 40-lane miles of pavement. Myers said it is lucky most of this project is in the (unincorporated portions of the) country. He understands people have to deal with the construction project. Emery Sapp will try to limit the impact as much as possible.
Aillon again asked the Board to consider the health concerns the batch plant could create. He said it is the responsibility of the Board to protect their public health.
Flory responded the County Commission d s not have the professional expertise to provide the scientific examination that KDHE has. The County has to rely on the Environmental Protection Agency and the Kansas Department of Health & Environment to determine when something is safe to operate in certain proximity. In the overall scheme the County has to look at the entire picture to protect the public’s health, safety and welfare. Flory stated the County d sn’t have the expertise to have someone oversee this operation with the County. Any approval is subject to the receipt of a permit from KDHE. The plant would not be able to operate until such time as the permit is granted and a copy filed with the County. That is standard procedure.
Thellman asked when it comes to the KDHE permitting process is there a public comment process as part of the consideration. Finger stated she is not familiar with the KDHE public process. She said she believes there is a regular site inspection process with KDHE and the applicant d s have to meet EPA standards. This is I-3 zoning and the entire area south of 31st Street over to Haskell is zoned I-3, which is a county industrial zoning district. Where LRM is now used to be Dunbar Asphalt Plant and this type of use is a permitted use in that district. The applicant is not asking for something that could not be permitted as industrial by-right permanently.
Gaughan asked who in the County is available for questions about the permit application and the standards. Finger stated that would be Jim Sherman who is the Director of Zoning and Codes; and Keith Browning, Director of Public Works.
Flory asked for clarification on hours of operation. Finger responded the operation time is daylight hours, which could be set as a condition. There have been times where the Commission has allowed longer hours though staff must be notified so public notification can be sent out, which would be 1,000 feet in the County and 200 feet in the City. Notice would say something like “night time hours would occur on the following weekends.” There can also be a limit set on hours and how often it can happen.
Thellman said in the past limitations were set on permanent operations, but this is a time sensitive operation. Finger said in general the limitations were set on rock quarries.
Flory stated the Commission could add a condition that a plan be submitted on dust control. Finger said that is correct and it would be worked out with the Director of Public Works to cover the site.
Flory suggested deferring a decision for a week. He plans to vote to grant approval of the application with conditions. He would like the applicant and staff to work on the hours of operations with a contingency for emergencies and a proposed dust control plan.
Thellman agreed saying this would go part way in getting on record the need for some dust control and reasonable limits on hours. She said the County has to be sensitive to the fact this is a not a permanent batch plant, and the contractor has a job to get done in a short time.
Gaughan asked for the applicant to describe the removal of the trees along 31street. Myers stated the trees, which were in the right-of-way, were removed to do grading. The retaining wall in this area is 14-foot high and there was a back cut that slopes to the existing property line to make the alignment work, which required tree removal and grading. Myers said no one has come to their office to discuss the trees. He would be willing to meet with the property owners who lost trees and landscaper, to replace some of the trees. He is available in the Harris Construction office, suite 120, 3200 Haskell.
Gaughan said this is short term and he wants it to be as short term as possible, but it won’t happen overnight.
Flory moved to defer final action until the March 26, 2014 meeting set at 4:00 p.m. Motion was seconded by Thellman and carried 3-0.
Note: Flory added the term “public interest” has been used a number of times by the public pointing out the Commission’s obligation and to carry out a public interest. He said there is a public interest in completing this massive project which has been on the books for 20 years and sometimes a (neighborhood) community’s interest has to give way a bit to the overall public’s interest. Flory said the Board’s obligation is to make this the least inconvenient as possible and the Board is working to do that. There will still be inconveniences, not just for this neighborhood, but for others as well.
Thellman moved to adjourn the meeting; Gaughan seconded and the motion carried 3-0.
____________________________ ____________________________
Nancy Thellman, Chair Jim Flory, Vice-Chair
ATTEST:
____________________________ _____________________________
Jamie Shew, County Clerk Mike Gaughan, Member
Time and Date