Meeting Information
Amended Agenda
6:35 p.m. (Meet in the Commission Chamber)
-Convene
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders;
(b) Consider approval of Engineering Services Agreement for the expanded study of 31st Street from O'Connell Road to Route 1057 (Keith Browning); and
(c) Consider approval of CUP-06-04-08, a Conditional Use Permit for Penny's Concrete, located at 1752 N 1500 Road. Submitted by Penny's Concrete, for Schaake Farms Inc and Larry C. Schaake, property owners of record. (Paul Patterson)
REGULAR AGENDA
(2) Consider approval of TA-06-12-08, an amendment to Section 810 of the Subdivision Regulations to clarify the natural resources and environmentally sensitive areas that are to be protected or preserved. (Mary Miller)
(3) Discuss revision to entrance standards and permit resolution (Keith Browning)
(4) Other Business
(a) Consider approval of Accounts Payable (if necessary)
(b) Appointments
(c) Miscellaneous
(d) Public Comment
(5) Adjourn
Johnson called the regular session meeting to order at 6:35 p.m. on Wednesday, September 17, 2008 with all members present.
Items b and c were pulled from the Consent Agenda.
PUBLIC WORKS 09-17-08
The Board considered the approval of an Engineering Services Agreement for the expanded study of 31st Street from O'Connell Road to Route 1057. Keith Browning, Director of Public Works, was present for the discussion.
Jones stated his main concern is to insure cooperation among all parties involved. He asked if the City Commission is displaying a spirit of working together on the project. Craig Weinaug, County Administrator, stated he is confident the City Commission will agree to the commitment.
Jones moved to approve the Engineering Services Agreement with Wilson & Co. Engineers & Architects for the expanded alignment study of 31st Street from O'Connell Road (E 1600 Road) to Route 1057 (E 1900 Road). Motion was seconded by McElhaney and carried unanimously.
PLANNING 09-17-08
The Board considered the approval of CUP-06-04-08, a Conditional Use Permit for Kaw Sand/Penny's Concrete Dredging, tabled from the September 15, 2008 meeting. The property is located at 1752 N 1500 Road. The application was submitted by Penny's Concrete, for Schaake Farms Inc. and Larry C. Schaake, property owners of record. Paul Patterson, Lawrence & Douglas County Metropolitan Planning Staff, was present for the discussion.
Johnson opened the item for public comment.
Laura Calwell, representative for Friends of the Kaw, stated her mission is to protect and preserve the Kansas River for future generations. She provided photos taken along the Kaw River showing pieces of concrete lying along the river bank. She stated she would like to see the CUP have a two year limit to allow the dredgers to relocate their business.
Jones asked David Hoover, President of Penny's Sand, if he recognized the area shown in the photos as his property. Hoover replied he could not determine that from the photo. Hoover went on to explain the many reasons for the erosion of the river banks and the stabilization process. The concrete may have been originally placed somewhere else and was moved due to flooding or other means. Jones asked Mrs. Calwell if she has any evidence that Penny Concrete is working illegally, because there have been no violations. Calwell replied she d s not.
Joanne Bergman, Friends of the Kaw, read a letter from the Kansas Wildlife Organization asking for a denial of the CUP.
Mike Calwell, Friends of the Kaw, stated he would like to see the dredgers moved off of the Kaw River and he feels the concrete was dumped to stabilize the bank. .
Hoover stated his legal position is that the original permit has not expired. He feels his company has abided by all conditions of the permit. The new issue is a restriction on the location of the stockpiles.
Jones moved to close the public comment; Motion was seconded by Johnson and carried unanimously.
Jones stated he believes the permit has expired, but he is in support of a new permit tonight with the conditions of a staff view in four years and expiration in 10 years. He stated the speakers did raise legitimate questions regarding the long-term effect of dredging the river. He assumes the applicant will comply with all conditions of the permit, state and federal laws. Jones commented that he is deeply committed to the river and over time would like to provide a way for dredgers to move inward away from the river.
Johnson stated he is in support of the CUP. There have been no complaints filed against the applicant.
McElhaney stated his support for the CUP, and is disappointed that the speakers did not show up for the Monday meeting for discussion. He also stated it is unfair for a private group to make recommendations and not offers solutions. .
McElhaney moved to approve CUP-06-04-08, with the following conditions.
1. The CUP permit for the sand/gravel dredging operation [CUP-06-04-08] is valid to December 31, 2012.
2. Upon applicant's request in the Fall of 2012 for an administrative review by the Douglas County Zoning Administrator, the CUP Permit [CUP-06-04-08] may be administratively extended by the Douglas County Zoning Administrator for up to six years (a consecutive maximum six year period starting on December 31, 2012 and ending no later than December 31, 2018) providing that the applicant maintains a valid Corps of Engineers' Permit for the sand/gravel dredging operation. Sand/gravel dredging operation beyond an extension by the County Zoning Administrator would require the applicant obtaining a new CUP permit.
3. The applicant shall obtain an approved County Flood Plain Development Permit from the Douglas County Zoning Administrator prior to the installation of the proposed dredging operation improvements.
4. The following general notes shall be added to the face of the Site Plan:
a. Per Article 19-5(b), as it deals with cessation of operations or reclamation planning "All excavated materials will be returned to a level no higher than the elevation of surrounding land, and that proper drainage is provided."
b. Note on plan for lighting, "Lighting on the site be restricted to operational lighting as required by Mine Safety Health Administration and lighting for the dredge (marine) equipment as per requirements of the United States Coast Guard."
5. Provide the following minor modifications to the Site Plan:
a. Include the Register of Deed's recorded book and page number for the access road agreement.
b. Update the Legal Description.
c. Remove the 'Phase 1' label as it is no longer a part of the plan.
6. The sand/gravel stockpiles are restricted to the west side of a north/south line located 500' west of the Lauber's property (an adjoining property owner to the east). Note: Condition No. 6 added by Planning Commission 08/27/08.
Motion was seconded by Jones and carried unanimously.
PLANNING 09-17-08
The item concerning the approval of TA-06-12-08, an amendment to Section 810 of the Subdivision Regulations to clarify the natural resources and environmentally sensitive areas that are to be protected or preserved, was tabled and set for the Monday, September 22, 2008 agenda.
PUBLIC WORKS 09-17-08
The item concerning the discussion for a revision to entrance standards and permit resolution, was tabled and set for the Monday, September 22, 2008 agenda
Jones moved to adjourn the meeting; Johnson seconded and the motion carried 2-0. McElhaney was not present for the motion.
____________________________ ____________________________
Bob Johnson, Chairman Jere McElhaney, Vice Chair
ATTEST:
_____________________________ ____________________________
Jamie Shew, County Clerk Charles Jones, Member
Time and Date