Meeting Information
WEDNESDAY, MARCH 26, 2014
4:00 p.m.
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders;
(b) Consider awarding construction contract for deck rehabilitation work on Bridge Nos.
11.00N-16.40E and 11.72N-17.50E, Project Nos. 2013-15 & 2013-16 (Keith Browning)
REGULAR AGENDA
(2) Consider 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 at1535 N 1300 Road, Lawrence, KS as deferred from the 03-19-14 meeting (Linda Finger)
(3) (a) Consider approval of Accounts Payable (if necessary)
(b) Appointments
-Bert Nash Community Health Center Board of Directors (2) expire 04/2014
-Heritage Conservation Council (3) positions expire 05/31/2014
-Jayhawk Area Agency on Aging Board of Directors – (2) vacancies
-Jayhawk Area Agency on Aging Tri-County Advisory Council – (2) vacancies
-Lawrence-Douglas County Housing Authority (1) position expires 06/2014
(c) Public Comment
(d) Miscellaneous
(4) Adjourn
Thellman called the regular meeting to order at 4:00 p.m. on Wednesday, March 26, 2014 with all members present.
CONSENT AGENDA 03-26-14
Thellman moved approval of the following Consent Agenda:
- Commission Order Nos.14-015 and 14-016 (on file in the office of the Clerk); and
- Approval of construction contract with the low bidder, Wildcat Construction, in the total bid amount of $256,475.00 for Project Nos. 2013-15 and 2013-16, bridge deck rehabilitation for Bridge No. 11.00N- 16.40E and 11.72N-17.50E, and authorize the Public Works Director to approve change orders totaling up to 10% of the contract cost.
Motion was seconded by Gaughan and carried 3-0.
ZONING 03-26-14
The Board continued discussion from the March 19, 2014 meeting for consideration on 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, stated she received one communication from a neighbor, Daniel Aillon, since the last meeting.
Finger stated she spoke with five representatives from KDHE who confirmed the site would be regulated closely. The permit specifically addresses PM10, an air pollutant, and other emissions that occur from equipment. First they review the permit and if approved, an onsite inspection is conducted to validate everything on the permit is in place. KDHE will also come back if a concern or complaint is raised, or if the County asks for help in reviewing some criteria. KDHE d s not regulate fugitive dust. However, the County can regulate fugitive dust with conditions placed on the TBU and by asking for a dust management plan, of which staff has received. The plan has been reviewed by the Public Works Director and Finger. Staff’s revised conditions of approval include the hours of operation be from dawn to dusk, Monday through Saturday. The applicant intends to operate no more 155 days throughout the length of the permit. The dust prevention plan on file covers most of the concerns listed in Aillon’s letter to the Commissioners. The blue strobe light, a concern noted by neighbors last week, has been turned off. When the plant is not in operation, Emery Sapp will also turn off the security lights.
Gaughan asked why we use “dawn to dusk” for the hours of operation. Finger replied as the seasons of the year change, the applicant wants to work as many daylight hours as possible. It’s actually a more precise term. Zoning will determine “dawn to dusk” based upon what is published in the paper.
Keith Browning, Director of Public Works, discussed the dust control plan. He said there will be adequate water on site. Emery will also have available a 12,000 gallon water storage tank to insure the water is available. The applicant also offered to apply an application of dust guard, magnesium chloride, which is what the County uses for the dust palliative program in the unincorporated area, which significantly reduces the amount of dust.
Flory felt the big concern from neighbors was the cement dust and from last week’s presentation it was determined that type of dust within the facility will be contained and will inspected by KDHE.
Steve Eveland, Paving Operations Manager for Emery Sapp & Sons, Inc. (ESS) addressed the public’s concerns regarding emission controls and dust from cement, which is one of the ingredients used in mixing concrete.
Thellman opened the item for public comment.
Anne Aron, 3014 Harper, received comments from surrounding neighbors and presented those to the Commissioners. Aron said she is blind in her left eye and any extra dust is a health hazard for her. She said there is already dust and the plant isn’t up and running yet. She asked the County to take her concerns into consideration as she may have to move for awhile.
Daniel Aillon, 3026 Harper, said he wrote a letter to the Commissioners. He would like to see the application denied. The dust is already a health burden. Suppression equipment will reduce the dust but not eliminate it. He feels the dawn to dusk operation hours will keep him from enjoying his summer, locking him in his home. If approved, he would like to see set hours and stricter dust suppression.
Ryan Lohmeyer, 2906 Harper, stated the applicant has been burning trees without permits and he has not seen any dust suppression. He would like to see set operation hours and have them keep a log of suppression techniques.
Florence Gilliland, 3029 Harper, asked how many times the magnesium chloride treatments will be used. Browning responded until they determine the truck traffic number, he won’t know an answer. The County dust palliative treatment in the unincorporated area is once a year, but he expects the treatment to be applied more often than that, possibly once a month.
Gilliland stated they are putting down gravel at the east end and asked if they will be putting gravel down on the entire zone. Eveland responded “yes.”
Randall Brumfield, 2819 Harper, asked the Board to balance the interests of the human side with the business angle and the civic perspective. He encouraged to Board put the neighbors’ best interests first.
Thellman closed the public hearing.
Flory stated these are never easy decisions. He has looked at this extensively and asked staff to craft additional conditions to the permit to address some of the neighbors’ concerns. This is actually industrial zoned property and this is a Temporary Business Permit. The applicant estimates 155 working days over a 32-month period, so this is not a continuous operation. Flory said the additional conditions the Board has fashioned for dust control with respect to operational hours, which are additional conditions, in conjunction with the conditions that were already in existence, provide the best balance the County can to achieve to carry out the public’s interest in completing the Trafficway, and allowing the use of land that is zoned industrial; balancing the public’s interest with the interests of the neighborhood. Flory added he is not minimizing that this temporary business use will be an inconvenience. The dawn-to-dusk hours are appropriate. He said he is sure Emery Sapp will be pushing the dusk (side) to maximize production hours of concrete, because the sooner ESS gets done, the sooner they will leave the site that is near this neighborhood. Flory said it is in the interest of the County to grant this permit. The Board has fashioned conditions that will adequately protect the health and safety of the neighborhood. There also are built-in considerations with permits issued by KDHE. There also is a county complaint process; the County has a Public Works Director who has oversight on the dust control. He can be contacted, and there are built-in provisions if the applicant fails to comply with the conditions approved as part of this TBU. If needed, there is a remedy the Board can seek to suspend or revoke the permit. At this stage, based upon the information that has been provided to the Board, and based upon the issuance of the required KDHE permit, and the steps the applicant has taken to work with the community, ESS has indicated their desire to be a good neighbor. Flory said he feels the permit should be approved.
Flory moved to approve ZTBU-2014-0002, a Temporary Business Permit for a Concrete Batch Plant located at 1535 N 1300 Road, with conditions as established originally and as added per the memorandum by planning as follows:
• A copy of the KDHE permit approval for air pollution for the operation of the equipment,
• A copy of the General Liability & Property Insurance covering this site showing the County as a party held harmless from claims.
• A dust control plan, approved by the County Engineer, is filed with the Zoning & Codes office. A portion of the management plan will include the use of magnesium chloride.
• Hours of operation will be dawn to dusk with the ability to seek up to 5 administrative approvals (by the Director of Zoning & Codes) for emergency situations per 12 month period, with any additional emergency situations requiring County Commission approval; and
• Security lighting turned off when the plant is not in operation.
Gaughan asked who is responsible to make sure there are no beeping trucks backing in the facility before dawn. Finger said these restrictions can be stipulated for the batch plant, but not for trucks working on construction of the roadway, which are not part of the TBU or batch plant operation. As far as the plant’s operation with dawn to dusk conditions, there cannot be trucks backing up into the plant before dawn or after dusk.
Thellman asked if there is a limitation on how many hours a day an operation can run. Eveland stated the operation is capable of running 24-hours per day but they are not planning on working those hours. They may need to pick up addition hours though in the summer.
Gaughan seconded the motion and it carried 3-0.
ACCOUNTS PAYABLE 03-26-14
Thellman moved to approve accounts payable in the amount of $171,666.94 to be paid on 03/27/14. Motion was seconded by Gaughan and carried 3-0.
APPOINTMENT 03-26-14
Flory moved to reappoint Bill Fleming to the Lawrence-Douglas County Housing Authority Board of Commissioners for a second term to expire June 2018. Motion was seconded by Thellman and carried 3-0.
Thellman moved to adjourn the meeting; Flory 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