Meeting Information
WEDNESDAY, MARCH 11, 2015
4:00 p.m.
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders; and
(b) Consider authorization for the Public Works Director to renew the contract with Midwest Striping, Inc. for 2015 pavement markings in the amount of $164,227.16;
(c) Consider approval of the request from the Lawrence Douglas County BioScience Board to delay the initiation of debt payments by the Bio-Science Authority for the West Facility until 2018.(Craig Weinaug);
(d) Consider Accessing the Kansas State Contract to Purchase a Bobcat for Public Works (Jackie Waggoner);
(e) Consider approval of Hot Mix Asphalt (HMA) Supply Contracts for the 2015 Maintenance Season (Keith Browning);
(f) Consider approval of crushed rock bids for road maintenance (Keith Browning)
REGULAR AGENDA
(2) Consider establishing County recycling services for single stream materials and tires
(Leslie Herring)
(3) Consider rejecting construction bid for Project No. 2013-20, replacement of Bridge No. 10.00N-16.38E (Keith Browning)
(4) Authorize the Assistant County Administrator to sign the Employee Wellness Services Agreement with Lawrence Memorial Hospital for wellness services (Sarah Plinsky)
(5) Consider modification to the 2015-2019 CIP Program. (Sarah Plinsky/Keith Browning)
(6) (a) Consider approval of Accounts Payable (if necessary)
(b) Appointments
-Board of Zoning Appeal (1) eligible for reappointment 10/2014
-Douglas County Senior Services Board of Directors (2) positions
-Heritage Conservation Council-(2) positions - 05/2015
-Lawrence-Douglas County Metropolitan Planning Commission (1) position -05/2015
(c) Public Comment
(d) Miscellaneous
RECESS
RECONVENE
6:00 p.m.
(7) CUP-14-00550: Consider a Conditional Use Permit for a new 198’ self-supporting communication tower located at 1211 E 600 Rd. Submitted by SSC, Inc and Horvath Communications for Verizon Wireless on behalf of Rex and Shirley Johnson, property owners of record. (PC Item 1; approved 8-0 on 2/23/15) Sandra Day is the Planner.
(8) Adjourn
March 11, 2015
Flory called the regular meeting to order at 4:00 p.m. on Wednesday, March 11, 2015 with all members present.
CONSENT AGENDA 03-11-15
Flory moved approval of the following Consent Agenda:
► Commission Order Nos. 15-017 and 15-018 (on file in the office of the County Clerk);
► Authorized the Public Works Director to renew the contract with Midwest Striping, Inc. for 2015 pavement markings in the amount of $164,227.16;
► Authorized request from the Lawrence Douglas County BioScience Board to delay the initiation of debt payments by the Bio-Science Authority for the West Facility until 2018;
► Authorized staff to access the State of Kansas contract to purchase a Bobcat for Public Works through Clark Equipment company in the amount of $64,240.96;
► Supply contracts for 1,000 to 5,000 tons of Hot Mix Asphalt from Asphalt Sales of Lawrence, Bettis Asphalt Construction and Killough Construction for the 2015 road maintenance season;
► Accepted the following bids from Hamm Quarries, Martin-Marietta and Mid-States Materials for crushed rock aggregates used for road and bridge maintenance:
Type of Aggregate
Vendor
Quantity (tons)
Quarry
Unit Price
Shot Rock
Hamm’s
500-1500
N. Lawrence
$10.00
Mid-States
500-1500
Big Springs
$11.50
Mid-States
500-1500
Globe
$10.50
Martin-Marietta
500-1500
Sunflower
$10.75
AB-3
Hamm’s
500-2000
Harrell
$7.10
Hamm’s
500-2000
Bucheim
$7.65
Mid-States
500-2000
Big Springs
$7.60
Mid-States
500-2000
Globe
$8.35
Martin-Marietta
500-2000
Sunflower
$6.90
Surfacing Material
Hamm’s
500-3000
Harrell
$8.15
(Road Rock Special)
Hamm’s
500-3000
Eudora
$8.60
Hamm’s
500-3000
Bucheim
$9.35
Mid-States
500-3000
Big Springs
$9.50
Mid-States
500-3000
Globe
$9.50
Stone for Rip Rap
Mid-States
500-1500
Edgerton
$17.50
Mid-States
500-1500
Big Springs
$19.00
Stone for Aggregate
(Ditch Lining)
Mid-States
500-1500
Globe
$14.50
Motion was seconded by Thellman and carried 3-0.
SUSTAINABILITY/RECYCLING 03-11-15
Leslie Herring, Management Intern, continued a discussion on options for recycling locations for residents in the unincorporated area of Douglas County. Current options include:
• Hamm Landfill: 16984 3rd Street ($1.00 per drop off bag)
• 12th & Haskell recycling center
• CLO ($15 per pickup plus $1 per mile)
The County is exploring using Lawrence and Free State High Schools; the new Douglas County Public Works facility; Stull United Methodist Church; Vinland Aerodrome, Inc. and/or Vinland Fairgrounds.
Kathy Richardson, City of Lawrence Solid Waste Division, stated the City of Lawrence lists all recycling drop off locations in the city limits of Lawrence for glass, plastics, corrugated cardboard, newspaper, and aluminum on their website, which include the sites bulleted above plus all the commercial parking lot sites and grocery store locations. Though Hamm charges a $1 per bag for recycling, they also pay to receive metals. There is also an 800 number listed on their website to call.
Tresa Carter, Sustainability Intern, also continued a discussion on the possibility of the County holding a tire recycling event and how to achieve funding. There appears to be a problem with people dumping tires on private property and on Douglas County grounds.
Carter discussed how Sedgwick and Shawnee County fund their recycling opportunities, which include tires, by attaching fees to property taxes and other bills. However, it was determined there isn’t a mechanism in place to separate residents who are also paying or not paying in the unincorporated areas and in townships. Adding to bills is not an option for Douglas County.
There was discussion that charging a fee may not bring in the tires, and the County going out and picking up discarded tires may encourage dumping.
Doug Stephens, Operations Division Manager, stated he recently picked up 36 tires discarded under a bridge. He believes a tire recycling event could bring in up to 20,000 tires, based on past events.
Before moving forward on a tire recycling event and selecting a recycling location for the unincorporated residents, the Board directed staff put together a mail out survey to all residents in the unincorporated area to gather their feedback and interest level for both recycling options. Staff will draft a letter and get a cost estimate for the mail out and bring back to the Commission
for consideration.
PUBLIC WORKS 03-11-15
Flory moved to reject the bids opened February 26, 2015 for project 2013-20, replacement of Bridge No. 10.00N-16.38E, which carries Route 458 over Coal Creek. Motion was seconded by Gaughan and carried 3-0.
ADMINISTRATIVE SERVICES/WELLNESS PROGRAM 03-11-15
Sarah Plinsky, Assistant County Administrator, asked the Board to consider authorizing a contract with Lawrence Memorial Hospital (LMH) for a wellness assessment to be offered as part of Douglas County’s wellness program. The assessment would consist of a blood draw to collect data for the health risk assessment. Employees will receive personal Health Risk Management services and counseling as a follow up to the assessment. The service may save the County on health insurance costs in the future.
Flory opened the item for public comment. No comment was received.
Gaughan moved to authorize the Assistant County Administrator to sign the Employee Wellness Services Agreement with LMH for wellness services as outlined below:
FEE SCHEDULE
Biometrics
(Lipid and COMP Blood Draw, Height, Weight, Blood Pressure) $25.00 per person receiving
PSA (males over 50) $10.00 per person receiving
Administration Costs
(Personal Health Assessment and Dashboard) $2.50 per person utilizing software per month
Coaching Visits $30.00 per person (to be paid by employee)
Motion was seconded by Thellman and carried 3-0.
CIP REVISIONS 03-11-15
The Board considered modifications to the 2015-2019 CIP Program. The Board asked staff if the CIP could be reduced to provide 100% cash funding of the proposed Fairgrounds Improvement project. The fairgrounds project is currently estimated to cost $6.5 million. The CIP holds $3,115,133 in cash reserves for this project, leaving a remaining balance of $3,384,867 to complete the project.
Sarah Plinsky, Assistant County Administrator, and Keith Browning, Director of Public Works, suggested a number of changes to allocated projects that could help fund the gap for the fairgrounds project.
It was discussed that if the Board approves the CIP revisions, staff would need direction on how to finance any remaining balance for the project.
Flory opened the item for public comment. No comment was received.
Gaughan moved to approve of CIP for 2015-2019 with modifications. Motion was seconded by Thellman and carried 3-0.
ACCOUNTS PAYABLE 03-11-15
Flory moved to approve accounts payable in the amount of $233,321.29 to be paid on 03/12/15; and payroll for the following amounts of $865,744.42 paid on 03/02/15 and $21,959.96 paid on 03/11/15. Motion was seconded by Thellman and carried 3-0.
APPOINTMENTS 03-11-15
Flory moved to approve the following appointments to the Property Crimes Compensation Board: Milton Scott to fill the unexpired term of Judy Anderson; and reappoint Susan Hadl to a three-year term. Motion was seconded by Thellman and carried 3-0.
RECESS 03-11-15
At 5:10 p.m., the Board recessed until 6:00 p.m.
RECONVENE 03-11-15
At 6:00 p.m., the Board returned to regular session.
PLANNING 03-11-15
The Board considered CUP-14-00550, a Conditional Use Permit for a new 198’ self-supporting communication tower located at 1211 E 600 Road. The application was submitted by SSC, Inc and Horvath Communications for Verizon Wireless on behalf of Rex and Shirley Johnson, property owners of record. Sandra Day, Lawrence-Douglas County Metropolitan Planning Staff presented the item.
Day stated the goal for the tower is to enhance cell coverage in the area of Clinton Lake located southwest of the city of Lawrence. The tower can host carriers in addition to Verizon. The tower is free standing. If vacant for three years, the tower must come down at owner cost. Minor conditions were added by staff for clarification. Day stated a protest petition was received, but did not meet the 20% landowner signature requirement.
Staff recommends approval of the Conditional Use Permit for a communications tower located at 1211 E 600 Road based upon the following findings of fact:
I. Zoning and uses of property nearby. This area, immediately surrounding the subject property, is uniformly zoned A (Agricultural) District. The area to the immediate east and south are developed with residential homes and a church while the surrounding area is used for agricultural purposes. Towers are allowed in the Agricultural District subject to a Conditional Use Permit.
II. Character of the area. This area is largely agricultural west of E 600 Road. Property to the north includes Clinton Lake State Park land.
III. Suitability of subject property for the uses to which it has been restricted. The subject property, zoned A (Agricultural) District, is a suitable district for the proposed use. The base zoning district is not altered by this request. A communication tower is an allowed use in the A (Agricultural) District subject to a Conditional Use Permit.
IV. Length of time subject property has remained vacant as zoned. The property is not vacant. The zoning has remained unchanged since 1966.
V. Extent to which removal of restrictions will detrimentally affect nearby property. Detrimental effects are mostly likely to be categorized as aesthetic in nature. The base zoning district is appropriate for the request. The height of the tower mitigates the requirements for lighting.
VI. Relative gain to the public health, safety and welfare by the destruction of the value of the petitioner’s property as compared to the hardship imposed upon the individual landowners. The benefit to the public is improved cellular communication and wireless data capacity within the Verizon network. Additionally, the structure provides an opportunity for other carriers to co-locate in the future. If denied, the property can continue to be used for current land uses and those uses allowed per the existing zoning of the property.
VII. Conformance with the comprehensive plan. The comprehensive plan does not provide specific land use recommendations regarding communication towers. A Conditional Use Permit can be used to allow specific nonresidential uses subject to approval of a site plan. This tool allows proportional development in harmony with the surrounding area. The proposed request is not inconsistent with the Comprehensive Plan.
And subject to the following conditions:
1. Provision of a note on the face of the site plan sheet T-1 stating: “The owner at the owner’s expense shall remove any tower that is not in use for a period of three years or more;” and
2. Provision of a note on the face of the site plan stating: “There shall be a sign placed on the exterior of the fence noting the name and telephone number of the tower owner/operator.”
Mark P. Johnson, Dentons Law Fire on behalf of Horvath Communications and Verizon Wireless, made a presentation covering the dimensions of the tower, location, and proposed coverage at Clinton Lake area. Johnson stated the tower would also provide coverage for boaters on the lake. The tower is co-locating compatible and any additional equipment would be hidden behind a wall. Johnson discussed the fall zone did not include any structure on the property, nor would it reach any adjacent property. He provided a letter from an engineer certifying that if the tower was designed according to standard, it is highly unlikely the tower will fail structurally in the event of high winds. In worst case scenario, the tower would fold in on its self rather than fall.
Flory opened the item for public comment.
Nancy Hodges, 1182 E 612 Road, stated concerns that the tower would decrease her property value and she just doesn’t want to look at it.
Dave Rollo, 560 N 1200 Road, stated the applicant scheduled a single date to discuss the tower and he was unable to attend the meeting. He asked if a tower could be added to the nearby water tower, and if there is a restriction on the height. He stated he opposes the tower because the surrounding property is zoned agriculture and there are homes with the vision of the tower. He added he is prepared to hire an attorney and appeal any approval of the CUP.
Flory asked how far the adjacent property owners are from the proposed site. Rolla replied one-half mile.
Flory stated is it almost impossible to put up a 190 ft. tower and it not be visible by someone. The reminded the neighbors the County does not pick the tower site, the applicant does.
Thellman asked about the location of the water tower mentioned by Rollo and if Day knows who is in charge of it. Day responded the water tower is on Corp property. She was unable to find out the owner though she did determine it is not owned by the water district.
Hodges added that Mercury Wireless uses the water tower for their equipment. Day responded that Mercury Wireless is an internet company and they use a different type of equipment.
Johnson added the equipment used on the water tower is much smaller in size and weight than what is required for a cell tower.
Flory stated he understands no one wants a tower in their vision. However, the County has no interest in requiring the applicant to pursue the water tower.
Gaughan stated he agrees. Though he is sensitive to the surrounding property owners, the tower will provide coverage to an area in need of service.
Gaughan moved to approve CUP-14-00550, a Conditional Use Permit for a communication tower located at 1211 E 600 Road with the conditions listed as recommended by staff. Motion was seconded by Flory and carried 3-0.
Note: Rollo asked what the appeal process is if he wished to pursue. Craig Weinaug, County Administrator, explained the process through District Court.
Flory moved to adjourn the meeting; Gaughan seconded and the motion carried 3-0.
____________________________ ____________________________
James E. Flory, Chair Mike Gaughan, Vice-Chair
ATTEST:
___________________________ _____________________________
Jamie Shew, County Clerk Nancy Thellman, Member
Time and Date
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