Meeting Information
[Additional backup added 10-19-09 to items 3, 6 and 7.]
4:00 p.m. - County Commission Meeting
-Convene
-Consider approval of the minutes of September 16 and September 23, 2009
CONSENT AGENDA
(1)(a) Consider approval of Commission Orders;
(b) Consider approval of Notice to the Township Board for Cereal Malt Beverage Licenses for Flamingo Enterprises and Flamingo Enterprises/The Bird of Lawrence (Clerk's Office)
(c) Consider approval of Class "B" Club License for the Bird of Lawrence (Clerk's Office)
(d) Consider approval to access the U.S. Communities Contract with Ricoh Business Solutions for multi-function copiers (Jackie Waggoner)
(e) Consider recommendation to replace one 2010 police car for the Sheriff's Office (Ken McGovern)
REGULAR AGENDA
(2) Consider approval of a resolution establishing a policy relating to the issuance and allocation of Recovery Zone Facility and Economic Development Bonds and consider approval of bond applications (Roger Zalneraitis)
(3) Consider request for Scott Chesbro for entrance permit for Lone Star Lake Road to his property
(Paul Davis)
(4) Receive and discuss 2009-2010 Snow & Ice Control Manual (Keith Browning)
(5) Executive Session on two (2) items for the purpose of consultation with County Counselor on matters, which would be deemed, privileged under the attorney-client relationship. The justification is to maintain attorney client privilege on a matter involving Douglas County.
RECESS UNTIL 6:35 P.M.
(6) Consider approval of SP-8-38-09: a Site Plan for Westar fabric filter and scrubber upgrade project, located at 1250 N 1800 Rd. Submitted by Westar Energy, property owner of record. (Sheila Stogsdill, Assistant Planning Director)
(7) Consider the appropriate range of variation for Mid-States Material's detailed reclamation plans for Phases 1A, 2, 3 and 4 of the Big Springs Quarry; 2 North 1700 Road. Submitted by Professional Engineering Consultants for Mid-States Ventures, L.L.C., property owner of record. (Mary Miller is the Planner)
(8) Other Business
(a) Consider approval of Accounts Payable (if necessary)
(b) Appointments
(c) Miscellaneous
(d) Public Comment
(9) Adjourn
Flory called the regular session meeting to order at 4:04 p.m. on Wednesday,
October 21, 2009 with two members present. Thellman was absent.
MINUTES 10-21-09
Flory moved approval of the minutes of September 16 and September 23, 2009, both as amended. Motion was seconded by Gaughan and carried 2-0.
CONSENT AGENDA 10-21-09
Flory moved approval of the following Consent Agenda:
► Notice to the Township Board for Cereal Malt Beverage Licenses for Flamingo Enterprises/The Bird of Lawrence and Flamingo Enterprises 1626 E 1550 Road;
► Class "B" Club License for The Bird of Lawrence at 1626 East 1550 Rd;
► Accessing the U.S. Communities contract with Ricoh Business Solutions for a 60 month lease, including service, of 51 multi-function copiers. Our equipment cost will be $68,340 annually or $341,700 for the duration of the lease agreement. Service cost will be established at a cost of $.055 per color copy and $.0067 per black/white copy which includes consumable supplies except paper; and
► Purchase of one 2010 Ford Crown Victoria police car from Laird Noller Ford in the amount of $22,285.
Motion was seconded by Gaughan and carried 2-0.
BONDS/CITY OF LAWRENCE 10-21-09
The Board considered the approval of Resolution 09-35 establishing a policy relating to the issuance and allocations of Recovery Zone Facility and Economic Development Bonds and considered the approval of the bond applications. Roger Zalneraitis, presented the final version of the resolution which has been review by the County Counselor. The resolution includes a
$500 application fee and a $5,000 deposit, on County bond applications.
Flory opened the item for public comment. No comment was received.
Gaughan moved to approve Resolution 09-35 establishing a policy of Douglas County, Kansas relating to the issuance and allocations of Recovery Zone Facility Bonds and Economic Development Bonds. Motion was seconded by Flory and carried 2-0.
PUBLIC WORKS 10-21-09
The Board considered an entrance permit request for 180 acre property adjacent to Lone Star Lake Road, and off of the Lone Star Lake Road (Douglas County Road 1/East 715 Road).
Paul Davis, attorney for Scott Chesbro, property owner of record, stated his client uses the property for agriculture, but would like to add a residence. Present access to the property is through the backside off East 750 Road, which is a minimum maintenance road and inaccessible certain times of the year due to flooding. His client has explored the option of improving the road, but it would be costly to bring the road up to County standards. An additional difficulty is that not all affected landowners adjacent to the E 750 Road right-of-way are willing to provide the additional right-of-way needed to bring the road up to county road standards.
The Board stated they were concerned that other similar situations exist out at Lone Star Lake and wanted to know how many additional entrances would/could be requested off the lake road. Davis stated he did not see any other properties without an entrance to their lot.
Keith Browning, Public Works Director, presented to the Board a brief history on the access issues around Lone Star Lake. He stated the last access was permitted to Mr. Crawford, the property owner to the west of the Chesbro property. This access was granted by the previous commission in 1995. There are several other large tracts of land adjacent to the lake property on the east and south but each also has access to a public road.
Flory asked Mr. Davis if the Commission were inclined to grant the permit, would his client be willing to work with staff to determine a plausible entrance location. Davis confirmed his client would.
Flory suggested that even though the request is for access to the property, the Board needs to look at more than a driveway into the property. They need to look at the building permit (eligibility) issue.
Flory stated he is in favor of allowing Chesbro access to his property but wanted first to ask staff to review the regulations and recommend to the Board the best way to allow the entrance by using existing regulations or using the authority within the existing regulations to grant the applicant's request. He is willing to consider, if needed, a request for variance for a building permit, as long as he has assurance that the owner will not subdivide the property further, without coming back to the Commission. Flory stated he would not look favorably upon subdividing the property.
Gaughan stated he is comfortable with moving forward on the item when staff has provided responses and he asked for the item to be placed back on the Board's agenda.
Flory opened the item for public comment. No comment was received.
Flory moved to direct staff to work with the applicant on any appropriate easements and conditions, and the determination of a location for the entrance. This item would come back to the Commission for approval when staff has provided the requested information. Motion was seconded by Gaughan and carried 2-0.
PUBLIC WORKS 10-21-09
Mike Perkins, Operations Manager for Public Works, presented the Board with the 2009-2010 Snow and Ice Control Manual for discussion. The Board agreed the manual was self explanatory and there were no questions regarding the procedures. Gaughan directed Perkins make a follow-up report for the Commission at the end of the season.
At 5:15 p.m., Flory moved for the Board to recess until 6:35 p.m. Motion was seconded by Gaughan and carried 2-0.
The Board resumed its regular session at 6:35 p.m.
PUBLIC WORKS 10-21-09
The Board deferred the discussion on the appropriate range of variation for Mid-States Materials detailed reclamation plan for Phases 1A, 2, 3 & 4 of the Big Springs Quarry to the November 11, 2009 meeting.
Keith Browning, Director of Public Works, asked PEC's engineer for Mid- States Materials to put all information together regarding the appropriate range of variation in a final report to provide to the Lone Oak's engineer.
PLANNING 10-21-09
The Board considered the approval of SP-8-38-09, a site plan for environmental Improvements to Westar's Lawrence Energy Center located at 1250 N 1800 Road. The portion of the property where improvements are proposed is located in Section 14-12-19. The application was submitted by Dale Larson, Director of General Construction for Westar Energy, Inc., property owner of record. Sheila Stogsdill, Assistant Planning Director, presented the item.
The Lawrence Energy Center is located on approximately 561 acres on the north side of N 1800 Road/Lakeview Road/N 1800 Road between E 1200 Road/Kasold Drive extended and the BNSF railroad tracks. The property abuts the city limits of Lawrence. The proposed improvements include the construction of two fabric filtration systems, two new fly ash silos, a limestone slurry preparation building, a warehouse/office building and associated parking lots and construction staging areas to support the project. The construction project is anticipated to take three years and will potentially create 350 jobs, costing an estimated $340,000,000.
The current zoning and land use for the site is I-3 and I-4 (Heavy Industrial), A (agricultural) and VC (Valley Channel). Zoning to the west and southwest of the site is VC, A, I-3 Districts and RS-10 (Single-Dwelling Residential ) Districts. Zoning to the south and southeast is IG (General Industrial) District, A-1 (Suburban Homes) District, and GPI (General Public & Institutional) District and RS-7 (Single-Dwelling Residential) District. To the far north and far east, the zoning is VC District; agricultural and the Kansas River.
It was discovered during the application process the majority of the property where the power plant site and settling basins are located is included in the regulatory floodway or regulatory floodplain as mapped on the FEMA Flood Insurance Rate Map in error. The applicant's engineer has submitted an application to FEMA to correct the official map. It was been concluded that the proposed site improvements meet the exemption requirement for improvements to non-conforming uses as established in the Zoning Regulations. The improvements will enhance the power plant and continue to improve air emissions in the area. Staff recommends approval of SP-8-38-09 for environmental improvements at Westar, 1250 N 1800 Road subject to the following conditions:
1. Revision of Sheet S3802 to include landscape screening materials, including shrubs at least 6' - 8' in height, along the south and east sides of the existing substation per Staff approval;
2. Execution of an Agreement not to Protest Formation of a Future Benefit District for street and sidewalk improvements for Lakeview Road/N 1800 Road and E 1200 Road/Kasold Drive;
3. Approval by the Douglas County Zoning & Codes Administrator of a Local Floodplain Development Permit prior to issuance of any building permits on the property; and
4. Approval by FEMA of a LOMA (or LOMC) or approval by the County BZA of a variance from the standards of Article 28 prior to issuance of a building permit for any structures located in the regulatory floodway as currently mapped on FIRM Panel 20045C0030C.
Flory opened for public comment. No comment was received.
Flory recommends approval of SP-8-38-09 for environmental improvements at Westar with the above listed conditions. Motion was seconded by Gaughan and carried 2-0.
ACCOUNTS PAYABLE 10-21-09
Flory moved to approve accounts payable in the amount of $1,743,754.19 to be paid on 10/22/09; and a manual check in the amount of $14,440.00 paid on 10/21/09. Motion was seconded by Gaughan and carried 2-0.
Flory moved to adjourn the meeting; Gaughan seconded and the motion carried 2-0.
____________________________ ____________________________
Nancy Thellman, Chair Jim Flory, Vice-Chair
ATTEST:
______________________________ _____________________________
Jamie Shew, County Clerk Mike Gaughan, Member
Time and Date