Meeting Information
WEDNESDAY, JULY 6, 2016
4:00 p.m.
-Employee designation recognition for Angela Hoffhines (David Harper/Marilyn Cathey/Steve Miles)
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders;
(b) Consent Agenda authorization to solicit bids for bridge deck repair project Project No. 2015-69; Bridge No. 17.82N-10.00E (Keith Browning);
(c) Consent Agenda approval of construction contract Replacement of Bridge No.09.58N-09.00E, DGCO Project No. 2015-67; KDOT Project No. 23 C-4731-01
(d) Consider awarding Consent Agenda approval of construction contract for Project No. 2016-06 Mill, patch and overlay portions of Route 1055 and E 900 Road (Keith Browning); and
(e) Consider approval to submit an application for the Fiscal Year (FY) 2015 Local Edward Byrne Memorial Justice Assistance Grant (JAG) Program (Ken McGovern);
REGULAR AGENDA
(2) Vacation Petition Hearing for the City of Lawrence west of Queen Road (E 1000 Road)-
(Scott Wagner)
(3) Work session on Mental Health Court Study Session.
(4) (a) Consider approval of Accounts Payable (if necessary)
(b) Appointments
-Board of Construction Codes Appeals (1) position 12/15
-Community Corrections Board (2) positions 01/16 and 05/16
(c) Public Comment
(d) Miscellaneous
RECESS
RECONVENE
6:00 p.m.
(5) CUP-16-00105: Consider a Conditional Use Permit for clean rubble landfill, on approximately 40 acres located at 1736 E 1550 Rd. Submitted by Grob Engineering Services, LLC, for Nunemaker-Ross, Inc., property owner of record. Mary Miller is the Planner.
(6) Adjourn
July 6, 2016
Flory called the regular meeting to order at 4:00 p.m. on Wednesday, July 6, 2016 with all members present.
Flory introduced Steve Milles, David Harper and Marilyn Cathey of the Appraiser’s Office for an employee designation recognition for Angela Hoffhines.
CONSENT AGENDA 07-06-16
Flory moved approval of the following Consent Agenda:
► Authorized the Public Works Director to solicit bids for Project No. 2015-69, bridge deck repair for Project No. 2015-69; Bridge No. 17.82N-10.00E;
► Construction contract with Bryan-Ohlmeier Construction in the low bid amount of $203,550.90 for Project No. 2015-67, replacement of Bridge No. 09.58N-09.00E, and authorized the Public Works Director to approve change order up to 10% of the contract amount;
► Award construction contract to Sunflower Paving in the low bid amount of $310,882.06 for Project No. 2016-06, pavement rehabilitation on portions of Route 1055 (6th Street in Baldwin City) and E 900 Road,
totaling up to 10% of the contract amount; and
► Submittal of an application for the 2016 Edward Byrne Memorial Justice Assistance Grant (JAG) Formula Program for digital forensic equipment, software and training.
Motion was seconded by Thellman and carried 3-0.
VACATION PETITION HEARING FOR THE CITY OF LAWRENCE 07-06-16
Scott Wagner, Management Analyst for the City of Lawrence, discussed the request to adopt the Order of Vacation to reflect only minor changes to the Baldwin Creek Trail Project west of Queen Road (E 1000 Road). Flory opened the hearing and asked if there was any public comment. There was no public comment. Flory closed the hearing.
Gaughan moved to adopt the Order of Vacation to vacate certain Greenspace, Pedestrian and Recreational Path Easements on tracts owned by Rebecca J. Finney, Trustee and Compton Farms, LLC., retaining the permanent utility easement portion of said easements. Motion was seconded by Thellman and carried 3-0.
MENTAL HEALTH COURT STUDY SESSION 07-06-16
A study session was held to discuss the Mental Health Court program under development in partnership with county human service and criminal justice agencies and stakeholders
ACCOUNTS PAYABLE 07-06-16
Flory moved to approve accounts payable in the amounts of $1,011,002.59
to be paid on 07/07/16 Motion was seconded by Gaughan carried 3-0.
CONDITIONAL USE PERMIT FOR CLEAN RUBBLE LANDFILL 07-06-16
The Board considered CUP-16-00105, a Conditional Use Permit for clean rubble landfill, on approximately 40 acres located at 1736 E 1550 Road. The application was submitted by Grob Engineering Services, LLC., for Nunemaker-Ross, Inc., property owner of record. Mary Miller, Lawrence-Douglas County Metropolitan Planning Staff, presented the item.
Staff recommends approval of the CUP request for clean rubble landfill at 1736 E 1550 based upon the following findings of fact:
I. Zoning and uses of property nearby. Surrounding land uses are predominantly agricultural in nature. Open space is available in the area in the form of a large lake. The proposed Conditional Use should be compatible with the zoning and uses in the area.
II. Character of the area. The area is predominately agricultural in character but contains urban uses to the west and southwest within the city limits.
III. Suitability of subject property for the uses to which it has been restricted. The property is not well suited for the uses to which it is restricted with the A district due to the large lake on the property and the uneven terrain caused by the abandoned borrow pit. Filling the borrow pit and seeding it will result in an area that is suitable for uses permitted within the A District as well as the open space use recommended in the Northeast Sector Plan.
IV. Length of time subject property has remained vacant as zoned. The property is not vacant. The Douglas County Appraiser’s records indicate that the residence on the property was built in 1997. A sand pit which operated on this property to facilitate the paving of I-70 before the adoption of the Zoning Regulations in 1966 was reclaimed as a large lake.
V. Extent to which removal of restrictions will detrimentally affect nearby property. The heavy equipment and earthwork required for the landfill are not expected to have negative impacts on nearby properties as a lake and I-70 are neighbors on 2 sides and other nearby properties are in agricultural production. The truck traffic to and from the site could negatively impact the uses along the truck route and the roads themselves if a large number of trucks would access the site daily. Heavy truck traffic is restricted to the highways within the City of Lawrence and may use city streets only to access the nearest highway. It would be necessary to use E 1600 Road and N 9th Street to access the facility and the Grant Township Trustee and the City of Lawrence Public Works Director have approved the use of these roads for this use. The landfill is expected to be temporary and a five year expiration period is recommended.
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, the gain to the public health, safety, and welfare by the denial of the request for the Conditional Use for the reclamation of the borrow pit, a landfill use, would be the prevention of heavy truck traffic on E 1600 Road. The damage of the heavy truck traffic could be mitigated if the property owner executes a maintenance agreement with the township; however, the narrowness of the road could present a safety issue. The hardship to the property owner of denial would be that the borrow pit could not be reclaimed.
VIII. Conformance with the comprehensive plan. The proposed Conditional Use is in compliance with recommendations in the Comprehensive plan regarding development within the Northeast Sector Plan.
And subject to the following conditions:
1. Truck traffic associated with this use is not permitted on City streets except to access that portion of 9th Street as part of the following approved route: Hwy 40/59 – Hwy 24/40 – E 1600 Rd – N 1650 Rd – N 9th Street.
2. Only ‘Clean Rubble’ shall be used to fill the Borrow Pit. ‘Clean Rubble’ shall be defined using the Kansas Department of Health and Environment’s definition as follows: “….the following types of construction and demolition waste: concrete and concrete products including reinforcing steel, asphalt pavement, brick, rock and uncontaminated soil as defined in rules and regulations adopted by the secretary.”
3. When the Borrow Pit has been filled as shown on the plan, top soil shall be applied and the property seeded with brome or fescue type grasses. Top soil application and seeding shall be completed within 1 year following the completion of filling and grading activities on the site.
4. The Conditional Use Permit shall expire 5 years after the date of the Board of County Commissioners approval. The approval may be extended by the County Commission if a written request showing good cause is submitted prior to the expiration date.
5. Submittal of a revised plan which lists Conditions 1-4 above as the Conditions and Restrictions of Use.
Miller explained that the site in question is primarily zoned for agriculture, with some industrial. Miller said the recommendation is for a five-year CUP to ensure any future impacts of the landfill are taken into consideration if the work is not completed and the landfill is still being used for these purposes. Miller indicated staff sees no detrimental impact with the conditions set forth, stating that most construction materials to be deposited in the landfill are due to activity in the City of Lawrence. Miller said that the City’s Public Works Director had concerns about use of and impact on city streets, along with concerns on traffic impacts to neighborhoods. These concerns have been addressed and should no longer be an issue with the recommended conditions.
Miller reported that Ted Boyle of the North Lawrence Community Improvement District spoke at the Planning Commission meeting of his opposition to the initially proposed truck route, which is the city truck route. The new truck route as included in the CUP addresses these concerns, and while it is more a circuitous route it only impacts a single resident of a township that was contacted and didn’t have concerns. Miller added that the landfill will not impact the floodplain and is only for clean rubble with reclaimed clean topsoil and other seeding to cap throughout the life of the landfill as portions are filled. Miller stated that the applicant was available for questions.
Thellman asked for clarification of why the area included in the CUP is 40 acres but the landfill is only five. Miller explained that as dictated by the proposed plan the CUP applies to the entire parcel, but fill is limited and only permitted to the area on the map which is five acres. Thellman asked if the top soil for fill will be brought in from the area or mined from other areas. Dean Grob of Grob Engineering explained that the applicant was unable to attend and they have yet to discuss the exact reclamation; however they will likely use some method of seeding and soil that is compatible with the soil in the area. Thellman explained she would like assurance that another pit would not be built somewhere else to fill this space. Grob explained that there should not be a need to bring in a large amount of dirt and they will likely use soil on site; however there is already a hole on site to fill up primarily with the clean rubble as discussed.
Flory opened up the session for public comment.
Ted Boyle, President North Lawrence Improvement District discussed his initial concerns with the truck route, and stated that as long as the route goes as proposed the CUP is acceptable. Boyle shared residents’ concerns from the Roanoke Subdivision regarding future impacts on well water. Boyle explained that homes built in the northeast corner of North Lawrence had the health department come in to monitor ponds and well water two years ago to make sure developer run off had not contaminated the water table. Boyle hopes the BOCC will be mindful of similar water table impacts related to this site. Boyle said monitoring wells may be needed and he hopes the site will be inspected to prevent undesirable dumping in the landfill.
Flory stated that all protections are built into the conditions, including inspections that are annually built in by the health and environment department. Flory stated that the truck route is also clearly set out in conditions as well. Boyle thanked the County Commission for their support.
Grob added that the applicant wants Commissioners to keep in mind current and future building in northeast Lawrence stating that soil and fill is coming from work underway in the city rather than a regional landfill that attracts outside fill. Grob said that while the applicant is agreeable to the conditions, there are other trucks that run down the same roads, many by KDOT and the City; however, his client has agreed to divert to the new route.
Gaughan moved to approve CUP-16-00105, a Conditional Use Permit for a clean rubble landfill on approximately 40 acres located at 1736 E. 1550 Road with the above listed conditions recommended by staff. Motion was seconded by Flory and carried 3-0.
PUBLIC COMMENT 07-06-16
Crystalee Protheroe started a non-profit organization that she thinks could partner with KU, and possibly the County Commission as she believes it would be beneficial to the community. She distributed materials related to her proposal to the Commissioners.
Flory moved to adjourn the meeting. Motion was seconded by Thellman and carried 3-0.
______________________________ ____________________________
James E. Flory, Chair Mike Gaughan, Vice-Chair
ATTEST:
______________________________ _____________________________
Jamie Shew, County Clerk Nancy Thellman, Member
Time and Date