Meeting Information
6:35 p.m.
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders;
(b) Consider resolution establishing 40-mph speed limit on portion of Route 1029, Route 1029 from Route 442 south to Clinton Park (Terese Gorman);
(c) Consider resolution directing the removal of a gate on E900 Road (Michael Kelly); and
(d) Consider approval of Supplemental Agreement No. 1 to Engineering Services Agreement for Project No. 2012-18, development of new Public Works facility (Keith Browning)
REGULAR AGENDA
(2) Consider recommendation of the Community Health Plan Steering Committee to accept the Roadmap to a Healthier Douglas County: 2013-2018 Douglas County Community Health Plan as a guiding document for Douglas County.(Dan Partridge)
(3) Consider approval of a Temporary Business Permit for the location of an Asphalt Batch Plant on/at the Hamm's Eudora Rock Quarry site (1213 E 2400 RD), for the purpose of producing hot mix asphalt for various road construction projects.(Linda Finger)
(4) Annual review of the Conditional Use Permit, CUP-11-5-76, for the Hamm/Buchheim Quarry located west of E 550 Road between N 1450 and N 1500 Roads. (Mary Miller)
(5) Consider road maintenance agreement with Hamm, Inc. associated with Hamm/Bucheim Quarry CUP-11-5-76 (Terese Gorman)
(6) (a) Consider approval of Accounts Payable (if necessary)
(b) Appointments
-Douglas County Senior Services - Vacancy
(c) Public Comment
(d) Miscellaneous
(7) Adjourn
Gaughan called the regular meeting to order at 6:35 p.m. on Wednesday, June 19, 2013 with all members present.
CONSENT AGENDA 06-19-13
Gaughan moved approval of the following Consent Agenda:
- Resolution 13-20 establishing a 40-mph speed limit on Route 1029 from Route 442 south to Clinton Park;
- Resolution 13-21 repealing Resolution No. 99-28 and directing removal of gate; and
- Supplemental Agreement No. 1 to the Engineering Agreement with Bartlett & West, Inc. for Project No. 2012-8, development of a new Public Works facility;
Motion was seconded by Flory and carried 3-0.
HEALTH DEPARTMENT 06-19-13
The Community Health Plan Steering Committee made a recommendation to the Board to accept the Roadmap to a Healthier Douglas County: 2013-2018 Douglas County Community Health Plan as a guiding document for Douglas County. Supporting the request were members of the committee, Susan Johnson, Shirley Martin-Smith, Janelle Martin, Vicki Collie-Akers, Christina Holt, and Dan Partridge; and David Amber of the Douglas County Health Board.
The Roadmap focuses five health priorities: Access to healthy food; mental health, access to health services; physical activity; poverty and jobs.
Gaughan opened the item for public comment. No comment was received.
Flory moved to approve the Roadmap to a Healthier Douglas County: 2013-2018 Douglas County Community Health Plan as a guiding document to Douglas County. Motion was seconded by Gaughan and carried 3-0.
ZONING & CODES 06-19-13
The Board considered the approval of a Temporary Business Permit (TBP) for the location of an Asphalt Batch Plant on/at the Hamm’s Eudora Rock Quarry site (1213 E 2400 RD), for the purpose of producing hot mix asphalt for various road construction projects. Linda Finger, Interim Zoning and Codes Director, presented the item.
Finger stated 2011 Hamm requested a similar permit for 90 days. This request is for 15-months. Regulations require a time frame for activity. Notices were sent to surrounding property owners within 1000 feet of the subject property.
The application is required to be accompanied by a plan showing the location of the temporary business use (asphalt batch plant) and provide an explanation of the following activities. A summary of the activities submitted with the application follows:
• Dust Control: Dust control on the haul road from the quarry will be provided to DG County Rte 1061.
• Road Maintenance: Maintenance of the haul road will be provided from the rock quarry to K10 Highway. [All activities on County roads shall be coordinated with the County Public Works director the Township Trustee, wh ver is the appropriate party.]
• Health Code: All sanitation and health concerns will be addressed on the quarry site to adequately provide for both portable toilets and potable water. [The number or toilets and potable water source shall be provided in written form to the County Health Department.]
• Lighting: Adequate night lighting will be provided on the quarry site. [Lighting is required to be directed down and away from adjacent properties to prevent light trespass onto adjacent properties.]
• Security: The rock quarry is has a security fence along the perimeter and gates that will be locked during hours when the quarry or batch plant is not in operation. There are also security cameras on-site.
• Township Fire Dept.: The fire department will be notified of construction activities. Douglas County Emergency Preparedness Coordinator will be informed of the asphalt plant’s location and startup date. [Need to provide started up and completion dates for batch plant to Zoning & Codes office also.]
• Liability Insurance: A copy of Hamm’s liability insurance for this site was provided with the application.
Flory asked if any public comment was received. Finger replied “no.”
Gaughan opened the item for public comment. No comment was received.
Flory moved to approve TBU-2013-02; a Temp Business permit for temporary asphalt batch plan on/on Hamm Eudora Rock Quarry, located at 1213 E 2400 Road, Eudora for 15 months, from June 20, 2013 through September 30, 2014. Motion was seconded by Gaughan and carried 3-0.
PLANNING/QUARRY CUP 06-19-13
Mary Miller, Lawrence-Douglas County Metropolitan Planning Staff, presented the Board with an annual review of the Conditional Use Permit, CUP-11-5-76, for the Hamm/Buchheim Quarry located west of E 550 Road between N 1450 and N 1500 Roads.
Hamm Quarry is approximately 3.5 miles west of Lawrence. The CUP was approved in 1977. Though the quarry has sat idle for some time, the CUP is still valid. The operators contacted the Planning Office in 2011 to verify the CUP was still valid and were told the zoning regulations do not contain a provision that CUPs expire when inactive. Hamm notified the Zoning and Codes department in July 2012 of their intent to quarry. Some interested property owners asked planning staff to see the CUP files and that is when it was identified that there should be an annual review. Planning was unaware of this condition, but an annual review will be conducted in the future. Miller discussed the reviewed conditions. The entrance to the site pipe needs to be replaced and the slopes repaired. The applicant has a month to complete all repairs. The maintenance agreement with Douglas County requiring the dust palliative is on the agenda for consideration. The quarry operator provided staff with the performance bond as required under the conditions.
Gaughan asked for a refresher on CUPs and how they apply here and in other instances, and why we were not doing an annual review. Miller responded no one was aware, since this quarry was in active, that it needed an annual review. However, staff will assure the annual review will be conducted, mostly in the spring of each year. The process for amending a CUP would be discussed at the annual review, or to revise the conditions or suspend the CUP if the quarry is not compliant.
Thellman said this CUP was set up for an annual review but there is a quarry in Eudora set for a 5-year review. Miller said most CUPs have a 5-year review setup by Zoning and Codes. This quarry and the one in Eudora were given to Planning Staff to review. Thellman said it seems we are not being consistent. Miller responded conditions are applied to each quarry, some as a response to neighbor concerns and some to location and size of quarry. But, they do all have different conditions.
Gaughan asked for clarification that the Road Maintenance Agreement listed on Condition 3 is being addressed. Miller stated “yes” it is. Gaughan asked if the performance bond is reasonable at $1,500 per acre. Miller stated that amount was set to cover the cost of reclamation if the operator failed to do so. It is more than what some quarries are required to carry and less than others.
Gaughan asked if there is a condition or limit on what time the operator can blast. Miller stated some quarries have conditions on when they can blast. There are no such conditions on this CUP.
Thellman asked for her to confirm if Hamm can quarry 90 days, if that needs to be consecutive days. Miller responded the conditions are not specific so she would say they can quarry a total of 90 days.
Ramone Gonzaez, Hamm representative was present for questions.
Gaughan opened the item for public comment.
Nicki Schneider, 515 N 1500 Road, said her property borders the quarry on the east side. She feels the operator should be required to satisfy all conditions before being allowed to reopen. She also feels the quarry should have been reviewed during the inactive period.
Jacob Kozlowski, 494 N 1500 Road, stated concerns about the environmental impact the blasting will have on Clinton Lake and the wildlife habitat.
Susan Davis, Water’s Edge, stated the area has had considerable changes to the neighborhood since the inception of the quarry and asked that the Board consider that and the environmental impacts when considering their future.
Deb Spencer, Water’s Edge, said this part of Douglas County is known to be a tranquil area with a lot of wildlife. She states she has a rental property on her land and the blasting has caused her to lose her renter. Plus the blasting has caused cracks in the walls of that housing unit.
Abby Draut, works for Water’s Edge, stated she cannot always hear the siren warning before the lasting occurs. She said driver’s on the road are not safe, because of the dust createde by large trucks. She has had to pull over until the dust cleared.
Stephen Freidell, 521 N 1450 Road, said January 16, 2013 he felt a blast so strong it bounced a plate off the counter and damaged the foundation of his home. He could get no explanation from the quarry on the reason. He also stated concerns about backed up trucks along E 550 Road obstructing vision of oncoming traffic
Larry Puckett, 1427 E 550 Road, stated he wants the CUP to limit the crushing to 90 consecutive days. He said blasting starts in the morning shortly after 8 a.m. He would also like to see the siren level turned down.
Raj Bhala, 1435 E 550 Road, said he agrees with his neighbors’ comments. He feels the way this quarry operates is third world.
Kara Tan Bhala, 1435 E 550 Road, stated it is no longer safe for her daughter to cycle down 550 Road due to safety issues. She said the dust created by truck traffic is terrible.
Janet Chapman, 1564 E 550 Road, stated the blasting has not been as apparent from her property as she is further away. Her concern is truck traffic safety.
Linda Kelley, 466 N 1500 Road, about a mile from quarry. Stressed the danger on 550 Road due to truck traffic. Has had solar panels shake after blast. Neighbor drove in ditch because she couldn’t see due to dust. They should have to pay for dust proofing the road.
Larry Wilson, 953 N 400 Road, stated he works for the Township. Monday the township will be spraying for dust control. This is usually done twice per year but the weather has not permitted that this year. Once the magnesium is sprayed the township will try to blade as little as possible.
At 8:17 pm., the Board took a five minutes break returning at 8:22 p.m.
Ramone Gonzalez, representing Hamm Quarry, stated in 1977 the entrance complied with the CUP conditions. However, recently Hamm widened the entrance which crushed the pipe. Hamm is in the process of replacing the pipe. Gonzalez stated the MPDS permit required to discharge storm water from site to different location has been approved and received.
Thellman asked if the quarry was operating without the MPDS permit when they opened. Gonzalez stated “yes” but the quarry can operate without the permit as long as you are not discharging water off the property. Hamm was directing water flow into a pit on site. Thellman asked if Hamm was sampling the water. Gonzalez stated Hamm is not required to sample the water unless it is flows out of the pit.
Gonzalez stated no reclamation has been done on site. He considers reclamation complete when the pit is filled, leveled and seeded. Regarding the Performance Bond, the original bond was for two acres in the amount of $3,000. The current bond is for 15 acres. To answer Commissioner Gaughan’s question asking if $1,500.00 per acre is enough to cover reclamation, Gonzalez answered it depends on the company doing the reclamation. The State of Kansas requires their bonds to be $600 per acre. Hamm’s bond for Douglas County is twice that amount. So currently Hamm has a $9,000 Bond with the State and a $22,000 Bond with Douglas County.
Thellman asked if the $1500 per acre bond is the same or close to the other Hamm quarry bonds. Gonzalez replied he d sn’t believe Hamm has any other quarry bonds in Kansas.
Gonzalez said he interprets the CUP for 90 days of crushing to mean 90 actual days of producing material. Those would be the days landowners would be affected. Regarding the neighbors hearing the siren, Gonzalez said the siren is meant to be heard by the people working on site anywhere in the quarry, for safety purposes. Gonzalez addressed the neighbors thinking the quarry had a 20-year life. He said that is determined by the market and how many tons of rock Hamm sells. There are still reserves, but it is a limited resource that is depleting. To address concerns about lack of development such as schools, homes and shopping centers, on the west side of Lawrence being due to the quarry, Gonzalez said you cannot build without rock. He agreed there are more people in the area compared to the quarry opening in 1997. There are more people everywhere. He said he d s not want to see upset neighbors but the quarry has to be somewhere. He also said he d s not feel it is the responsibility of the quarry to water the road. It would cause the quarry to accept liability if an accident was caused by a wet road.
Gaughan asked for an explanation about the large blast in January 16. Gonzalez had no explanation for the level of the blast. He said he read the seismograph reading. FiberTech analyzed the reading and said it was high but within standards. A graduate student from the School of Mines is currently working with Hamm on designing shots and analyzing the blasting technique for multiple quarries. Gonzalez admits he d s not understand how to read the seismograph and shot reports.
There was discussion on what time of day blasts are made. Gonzalez disagreed with the timing given by the neighbors.
Flory pulled the discussion back to the annual review. He stated the professional staff believes based on the document presented to the Board for review, the applicant is incompliance. He understands there are a number of problems. At some point the Commissioners needs to determine if there is a legal basis to amend the conditions on the CUP, and whether there has been a violation of the CUP. Most annual reviews do not come to the County Commission. This one did because of concerns and Flory stated he was glad to hear the neighbor comments.
Gaughan stated he disagrees. This is the first annual review we’ve heard in a long time and it is the first opportunity he has had to look at this CUP.
Flory asked if an annual review ever g s to a full blown hearing on conditional use permit violations or is it done administratively. Miller responded this is the only quarry with an annual review. The Eudora quarry has a five-year review. Typically staff g s through the process to determine if the applicant is in compliance. If there is an issue, Miller states she works with the applicant to bring the issue into compliance then follows up by brining the information to the County Commission in the form of a memo.
Gaughan moved to close the public comment. Motion was seconded by Thellman and carried 3-0.
Flory asked for confirmation from staff that no action from the Board was required. Miller stated that is correct. Flory added if appropriate the CUP will come back for revisions.
Gaughan commented that the concept of an annual review is as described. However, there were a number of concerns raised by neighbors. He said the responsibility for doing an annual review and compiling formation falls on Douglas County. The fact that we haven’t done that and now have is the appropriate way to start the clock on how the relationship will work going forward. The applicant will have to work with staff to make sure they are in compliance. Though there are some changes the Board would love to make and the constituents would love to see made, they do not affect this review. The applicant is in compliance or making arrangements to be in compliance.
No action was taken.
PUBLIC WORKS/HAMM QUARRY 06-19-13
The Board considered the approval of a Road Maintenance Agreement with Hamm, Inc. associated with Hamm/Bucheim Quarry CUP-11-5-76. Terese Gorman, Douglas County Engineer, presented the item.
Gorman said Douglas County has developed an agreement to apply two dust palliative treatments for a portion of Route 1029, from the quarry entrance north to Route 442. Under the agreement, Hamm provides the dust control and road rock donation for the affected portion of Route 1029, and the County will be responsible for the application. Like the CUP, this agreement will be reviewed annually.
Thellman said some of the neighbors’ concerns were the trucks going beyond the entrance to the quarry and turning around. She asked if that was part of the conversation with the Road Maintenance Agreement development. Gorman said, no, it is hard to make Hamm responsible for what truck drivers decide to do.
Gaughan opened the item for public comment.
There were comments made by several neighbors concerning the truck traffic along 1029 and 1450 Roads. They did not give their names.
Thellman asked Gorman if the trucks that are lining along Route 1029 are Hamm Trucks. Gorman responded she cannot say for sure whose trucks they are. It d sn’t seem right for a truck to go beyond the entrance.
Stephen Freidell, 521 N 1450 Road, said the trucks are not Hamm trucks.
Susan Davis, 529 N 1450 Road, said 1450 Road is a frequent truck turn around.
Gaughan stated we have a good maintenance agreement proposed but feels there is a traffic problem and asked Gonzalez what the process will be to address the neighbors concerns. Gonzalez said he sees the situation as a morning problem and an entrance problem. He suggested maybe Hamm moving the entrance gate back on the quarry property to allow a place for trucks to park, instead of stopping along the road.
Craig Weinaug, County Administrator, suggested the Board table the execution of the contract to give staff a chance to address Hamm about the truck traffic.
It was the consensus of the Board to move forward with the Road Maintenance Agreement so the dust palliative can be applied within the next few days. Additional treatments can be discussed at the next CUP review.
Flory moved to approve the Road Maintenance Agreement with Hamm, Inc. associated with the rock quarry. Motion was seconded by Gaughan and carried 3-0.
ACCOUNTS PAYABLE 06-19-13
Flory moved to approve accounts payable in the amount of $302,331.08
to be paid on 06/20/13. Motion was seconded by Gaughan and carried 3-0.
APPOINTMENT 06-19-13
Thellman moved to accept the resignation from Eugene Westhouse for his position as Eudora Township Clerk, and to appoint Westerhouse to fill the position of Township Trustee; and to appoint John More as Eudora Township Clerk. Motion was seconded by Flory and carried 3-0.
Gaughan moved to adjourn the meeting; Flory seconded and the motion carried 3-0.
____________________________ ____________________________
Mike Gaughan, Chair Nancy Thellman, Vice-Chair
ATTEST:
____________________________ _____________________________
Jamie Shew, County Clerk Jim Flory, Member
Time and Date