Meeting Information
WEDNESDAY, FEBRUARY 10, 2016
6:00 p.m.
CONSENT AGENDA
(1)(a) Consider approval of Commission Orders;
(b) Consider Purchase and Mailing of Annual Notice of Value (Steve Miles)
(c) Consider authorizing Emergency Communications Director or approve 2016 Annual Service and Maintenance Agreement with Motorola Solutions (Randy Roberts);
(d) Acknowledge reporting of State Forfeitures per K.S.A. 60-4117(d)(2) for Sheriff’s office (Ken McGovern);
(e) Consider approval to solicit bids for Herbicides Noxious Weed Cost Share Sale and Rights-of-Way Control (Keith Browning);
(f) Consent Agenda approval to solicit bids for 2016 contract maintenance work: Project No. 2016-0 Chip Seal; Project No. 2016-05 Bituminous Frictional Sealing and Project No. 2016-06 Mill & Overlay (Keith Browning)
(g) Consider awarding construction contract for Project No. 2013-20, replacement of Bridge No. 10.00N-16.38E, Route 458 bridge over Coal Creek (Keith Browning);
(h) Consider awarding construction contract for Project No. 2013-18 deck replacement for Bridge No. 08.74N-07.95E, Route 1039 bridge over Washington Creek at Lone Star town (Keith Browning)
REGULAR AGENDA
(2) CUP-15-00613: Consider a Conditional Use Permit for Calcio Village, an Athletic Field complex for youth soccer on approximately 80 acres, located at the intersection of E 1750 Rd & N 1300 Rd. Submitted by Jambars Futbol Club Inc, on behalf of John Pendleton for Lorita H Pendleton, Trustee, property owner of record. Mary Miller is the Planner.
(3) Consider approving changes to the Personnel Policies (Sarah Plinsky)
(4) (a) Consider approval of Accounts Payable (if necessary)
(b) Appointments
-Board of Construction Codes Appeals (1) position 12/15
-Lawrence Douglas-County Health Board (1) position 03/16
-Heritage Conservation Council (2) positions 05/16
(c) Public Comment
(d) Miscellaneous
(5) Adjourn
February 10, 2016
Flory called the regular meeting to order at 6:00 p.m. on Wednesday, February 10, 2016 with all members present.
CONSENT AGENDA 02-10-16
Flory moved approval of the following Consent Agenda:
► Waived the formal bidding process and approved the purchase and mailing of the notice of value with KC Auto Mail in an amount of $23,569.34, and authorized the Assistant County Administrator to approve change orders up to 5% of that amount;
► Authorized the Emergency Communications Director to approve the 2016 Service and Maintenance Agreement with Motorola Solutions, Inc. (January 1, 2016-December 31, 2016) in the amount of $27,118.80;
► Acknowledged report of State Forfeitures per K.S.A. 60-4117(d)(2) that the Lawrence-Douglas County Drug Enforcement Unit (DEU) and the Douglas County Sheriff’s Office received for the year 2015;
► Approval for Public Works Director to solicit bids for supply of herbicides as required for the 2016 spray season;
► Approval for Public Works to solicit bids for the following contract maintenance projects in 2016; Project No. 2016-01, Chip Seals: Project No. 2016-05, Bituminous Frictional Sealing; Project No. 2016- 06, Mill and Overlays;
► Contract in the low-bid amount of $794,978.40 with Bryan-Ohlmeier 6.38E, and authorization for the Public Works Director to approve change orders totaling up to 5% of the total contract amount; and
► Construction contract for the low-bid amount of $354,367.85 with Bryan-Ohlmeier Construction for Project 2013-18, deck replacement for Bridge No. 08.74N-07.95E, and authorized the Public Works director to approve change orders totaling up to 5% of the total contract amount.
Motion was seconded by Thellman and carried 3-0.
PLANNING 02-10-16
The Board considered CUP-15-00613, a Conditional Use Permit for Calcio Village, an Athletic Field complex for youth soccer on approximately 80 acres, located at the intersection of E 1750 Road and N 1300 Road. The application was submitted by Jambars Futbol Club Inc, on behalf of John Pendleton for Lorita H Pendleton, Trustee, property owner of record. Mary Miller, Lawrence-Douglas County Metropolitan Planning Staff, presented the item.
Jamburs Futbol inc., a non-profit organization, is working with the property owner to develop a youth soccer complex. The complex would have five full-sized fields and four skill trainings areas. One storage building and one concession/staff building with restrooms will be constructed. Chemical toilets will be used until rural water is available. A 20 space parking lot will be located to the north of the storage building and a larger parking area with 200 spaces will be located to the east of the concession building.
A local school plans to use the facility for approximately 18 games per year. The school will bus the athletes to the location. Miller added the plan is for youth to play on the fields during the week days and adults on the weekends.
Staff recommends approval of the CUP permit for a youth soccer complex based upon the following findings of fact:
I. Zoning and uses of property nearby. Surrounding land uses are predominantly agricultural in nature. There are recreational uses to the northeast (ski lake and driving range/golf course) as well as future City park and a City utility to the northwest. The Wakarusa River Corridor and associated floodplain is located in the southern portion of the area.
II. Character of the area. The area is rural in character with agriculture being the predominate land use. The area also contains other sports/ recreational facilities: ski lake and driving range/golf course. The K10 bypass was recently constructed through the area to connect with K10 Highway to the north. The proposed recreational use would be compatible with the character of the area.
III. Suitability of subject property for the uses to which it has been restricted. The property is suitable for agricultural uses which are permitted within the A (Agricultural) and V-C (Valley Channel) Districts. The property is also suitable for the proposed Athletic Fields use, when approved as a Conditional Use.
IV. Length of time subject property has remained vacant as zoned. The property has been in agricultural production since the adoption of the 1966 Zoning Regulations.
V. Extent to which removal of restrictions will detrimentally affect nearby property. Due to the agricultural nature of the nearby properties, the activity on the site should have no negative impact. The County Engineer indicated that the expected traffic for the facility can be accommodated without any road improvements. Additional lighting information shall be provided before the item is considered by the County Commission to insure that the exterior lighting will be designed to prevent glare to the adjacent road or adjacent properties.
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. In staff’s opinion, there would be no gain to the public health, safety, and welfare by the denial of the request. Approval of the request would increase availability of sports/recreational facilities in Lawrence and Douglas County.
VII. Conformance with the comprehensive plan. The proposed recreation use is in compliance with recommendations in the Comprehensive plan regarding development of active recreational facilities to meet community demand as well as recommendations encouraging open space uses in the floodplains.
And, subject to the following conditions from staff and two additional conditions from the Planning Commission:
1. The Conditional Use shall be administratively reviewed every 5 years.
2. The soccer facility shall not be open for training or games until the township roads (N 1300 Road and E 1750 Road) have been repaired to pre-SLT conditions.
3. The Planning Office will provide mailed notice to all property owners within 1000 ft of the subject property when a site plan requiring County Commission approval is submitted. (PC added condition)
4. Provision of additional lighting information to insure the exterior lighting is designed to prevent off-site glare. (Deleted)
4. The athletic field lights will utilize shields/visors, that have been approved by the Planning Office, for glare reduction.
5. A vegetated noise buffer will be installed on the east side of the property with the development of Phase 2. (PC added condition)
6. Provision of a revised CUP plan with the following changes:
a. Label the distance from the buildings to the existing E 1750 Rd right-of-way and the future right-of-way for the extension of N 1300 Rd to insure required setbacks are provided.
b. Clearly show the location of the chemical toilets. (Deleted)
c. Add 2 additional ADA accessible spaces in the large parking area for a total of 6 spaces. (Deleted)
d. Add the following general notes: (Deleted)
i. Chemical toilets will be used and potable water brought to the site for visitors use until a public water supply is available. Restrooms shall be installed in the training/concession building when the site is connected to public water. (Deleted)
ii. Significant improvements to the facility, following the construction of 31st Street, will require the addition of landscape screening along the north side of the parking areas. (Deleted)
iii. The exterior athletic fields shall not be illuminated after 10:00 PM. (Deleted)
Miller stated concerns she heard from the neighbors included lights, traffic and noise. Regarding lights, there will be four light poles at 70 feet with nine light fixtures. Miller requested additional light shielding information from the applicant and also contacted the Parks and Recreation Department regarding other youth field lighting where 10” shield are used. Shields would be required for this lighting also. The light level for the roadway is acceptable.
Flory asked Miller if the lightening changed other than Field 1, if the CUP would have to come back before the Board for consideration. Milled stated, yes that is correct. It would be a change to the site plan.
Miller said property owners of the habitat area to the east have noise concerns. When the future training area goes in they want a vegetative buffer, which was an added condition by the Planning Commission for Phase 2. On the traffic, Keith Browning asked for a condition that the facility would not be approved until the 1300 and 1750 Roads were back to pre-SLT condition.
Flory clarified the work can be done, but the facility will not be open for public access until the post SLT reconstruction has taken place. Miller said that is correct.
Gaughan asked if there are any concerns about roads on the interior of the property. Miller said due to a flood plain on the property, the interior road was moved to the south. Also, N 1300 Road and 31st Street will be extended sometime in the future, and will allow more room for the road right of way into the property.
Flory asked if N1300 Road will be surfaced. Chad Voigt, County Engineer, stated the plan is to repair the road to chip seal condition as it was before the all of the construction activity, and it eventually be relocated when 31st Street is built.
Miller said there have been some concerns from neighbors about water and the impact a well would have on the surrounding properties. The Division of Water Resources said the complex will be using the same amount of water as a single family home.
Flory asked if a condition can be added that any well on site cannot be used for irrigation purposes. Miller stated the water is not appropriate for irrigation but the condition can be added. Water usage can be reviewed by the Division of Water Resources if the neighbors find their water pressure is depleted due to the soccer facility.
Flory opened the item for public comment.
Karen Heeb, 1685 N 1300 Road, stated there could be up to five events going at once that could create a traffic concern. There are runners, cars, bicyclists and sometimes cattle on the roads. She also had concerns regarding water usage.
John Thomas, 859 E 1600 Road, stated he is sensitive to the concerns of the neighbors. Thomas said he has concerns about the noise and the lighting and its effect on conservation. It was his understanding there is an additional field in Phase 2 that could be built in the future. He suggested adding a condition for the applicant to plant buffer trees now during Phase 1 because it takes a long time for trees to grow.
Eric Nelson, Athletic Director for Bishop Seabury, stated their campus does not have a footprint for a regulation soccer field and that Lawrence as a whole does not have enough regulation fields. Schools are struggling to find locations to play. Nelson said Bishop Seabury plays both private and public schools in Kansas City. He added it is difficult to get those schools to come play in Lawrence because of field availability. Nelson coaches junior high and high school girls and boys teams.
Thellman asked if the students would be bused to the soccer complex.
Nelson responded they have passenger vans and there would be some parent driven carpools, and some students would drive themselves.
Phil Wente, 1622 N 1300 Road, stated he has concerns because of the homeless shelter being located in the area. He stated he has found drugs and has witnessed Haskell students drinking near this area. He asked what safety measures will be in place.
Flory responded he doesn’t feel the people coming for soccer will be a problem and the games will be on private property. Flory said he feels confident the owners will make sure the property is being used for what it is intended.
Jerome Davies, 2745 Inverness Court, is the President of the Board for Calcio Village. He stated he is here representing the young people in the community who will be using this facility. They are not just learning to play soccer but are learning life skills and how to be good productive people and some of that takes place on the field. He recognizes the role they need to play if this project is approved. Building and earning respect is part of the game.
Diana McNish, 1643 N 1300 Road, stated she feels the soccer fields are a great idea. She has some concerns about increased traffic. The 1300 and 1700 Roads according to McNish are narrow and have poor visibility. She suggested the busses and parents use 1250 Road instead.
Brandon Devlin, 601 Brentwood, said he was there to represent the soccer league. Lawrence soccer players would be the primary users on the weekends. Devlin said the soccer league is turning down members because of lack of field space. He has been able to get training facilities at the YMC and though they often use Lawrence High School fields, they get bumped to baseball fields, which conflicts with the baseball team. He supports the CUP.
Carolyn Braden, 1663 N 1300 Road, stated she is in favor of the soccer field. She said she understands the importance of sports and keeping kids busy. But, she had the following concerns: 1) that 1300 Road is too narrow for traffic with runners/bicyclers etc.; 2) KDOT has torn up the new chip seal on the road and she wants to know who will maintenance it; 3) there will be increased traffic and speed on 1300 Road; 4) concerns of trash being thrown out along the road; and 5) water usage on site.
Jeff Rissley, 3409 Stone Post Court, stated he works for Bartlett & West and is in favor of the application. He feels there is a need for additional soccer facilities and the proposed private property for a private club is an excellent solution. Rissley said they currently play on other fields just like this proposed site, where they bring their our own water, and use port-a-potties which all works just fine. He feels the applicant is being very accommodating to work with the community.
Chad Voigt, Deputy Douglas County Public Works Director, addressed the road maintenance issue. The N1300 Road will be maintained by Wakarusa Township. Public Works is putting pressure on the contractor to repair this road. The SLT project will go another 10 months so there is still time for the contractor to complete the repairs. Once repaired, the road will then return to a township road. In the future if 31st Street is ever rebuilt, the plan will change and Wakarusa Township would no longer maintain N1300 Road.
Flory asked the applicant of his willingness to go ahead with the eastern edge buffer.
Joe Camparato, applicant and Director of Jambars Futbol Club/Coach from Bishop Seabury, said he is trying to find a place for our kids to play soccer as well as adults. Calcio Village is a not for profit organization. He doesn’t foresee needing an additional field for 5-7 years but was told to put it on the site plan just in case. It is difficult to find land for soccer fields. Camparato said they reduced the plan to fit on the 40 acres property. Peddleton’s also own another 80 acres north of the site, which will be farmed. He doesn’t want to interfere with the farming.
Flory stated he would like to add a condition that if the applicant wishes to pursue Phase 2, he would be required to start the buffer two years prior to submitting the site plan.
Camparato said has no objections to the condition. It’s up to the property owners. He also agreed to a condition not to irrigate with well water, especially since the iron level would ruin the field. The public will not be using the staff buildings. Lastly regarding traffic, Camparato is aware of the traffic on 1300 Road. This is one of four routes to this location. He believes many of the students will use 15th Street to Noria Road, and 1900 Road.
Thellman said she heard the applicant was planning to use LED lights and shields as necessary. She asked if the lighting would be bright. Camparato said the LED lighting is directional, but he is happy to put shields up. And he is willing to start the buffer before Phase 2.
Flory stated the Planning office has to approve the lighting so he feels they will look at this issue.
Gaughan stated soccer is near and dear to his heart as he is a soccer dad and retired LSL player. He said he heard all the concerns from the neighbors and is eager to say the nature of soccer in our community and region is not just nurturing the skills, but it encourages community spirit and commitment to one another. He has no concerns about water issues. Soccer players are used to carrying their own water bottles. Regarding the road concerns, he feels soccer coaches, parents and players will be practicing their best defensive driving skills.
After further discussion, Flory moved to approve CUP-15-00613, a Conditional Use Permit for Calcio Village, an Athletic Field complex for youth soccer on approximately 80 acres, located at the intersection of E 1750 Road and N 1300 Road with the above listed conditions; and added the following two conditions: 1) east bufferyard landscaping shall be installed a minimum of two years before development of Phase 2, the area east of the stream; and 2) Wells on the property may be used only for the limited purpose of the facility: no well on the property should be used for irrigation purposed. Motion was seconded by Gaughan and carried 3-0.
ADMINISTRATIVE SERVICES 02-10-16
The Board considered approving changes to the Personnel Policies as presented by Sarah Plinsky, Assistant County Administrator. The proposed general changes include
• Update and specify the maximum vacation hour limits for part-time employees
• Modify the Sick/Vacation Leave Donation Program
• Make the holiday calendar permanent and the establish a Personal Leave program
• Several changes related to Public Safety Shift Schedules around Holidays.
• Create the longevity program
Discussion included sick leave loans and stipulations, adding to the holiday schedule and the longevity program. Employees must have used all vacation, sick, personal and compensatory leave prior to a sick leave loan. Sick leave loans are limited to 160 hours in a three-year period. Flory suggested strong advocates adding Veteran’s Day to the County Employee holiday schedule. It was determined the Board would move forward with setting the permanent holiday schedule, however, the additional holiday will be brought up during budget discussions. And, Plinsky discussed having a five-year waiting period to receive the longevity.
Flory stated regarding the longevity, he agrees there should be a five-year waiting period, but feels the payout should be based upon actual years. He suggested reworking the numbers to reflect $50 per year payout, and once the employee hits the five-year mark, they would receive five years of longevity payment.
Flory opened the item for public comment.
Gary Bunting, Sheriff’s Office, stated he would like to see Dec 24 or Dec 26 added to the holiday calendar as they tend to be slower days during the holiday season. He also agrees Veteran’s Day should be a holiday. Bunting also agrees longevity should start at fifth year of service.
Steve Miles, Douglas County Appraiser, said he concurs with Bunting. He agrees longevity should start accruing from day one, but the employee should not be eligible for payout until the fifth year.
Plinsky said she did speak with the Sheriff. The City of Lawrence does start accruing longevity at year one, but doesn’t start paying until year five. The City’s annual amount is $40.
After discussion, Flory moved to approve the request to update the personnel policies with the changes as requested by staff with the exception of creating the longevity program which will be discussed further at a future meeting. Motion was seconded by Thellman and carried 3-0.
ACCOUNTS PAYABLE 02-10-16
Flory moved to approve accounts payable in the amount of $330,102.98,
to be paid on 02/11/16. Motion was seconded by Thellman carried 3-0.
APPOINTMENT 02-10-16
Gaughan moved to appoint Joshua Falleaf as the at-large position representing Mike Gaughan’s appointment to the Food Policy Council. Motion was seconded by Thellman and carried 3-0.
Flory moved to adjourn the meeting. Motion was seconded by Gaughan and carried 3-0.
____________________________ ____________________________
James E. Flory, Chair Mike Gaughan, Vice-Chair
ATTEST:
____________________________ _____________________________
Jamie Shew, County Clerk Nancy Thellman, Member
Time and Date