Meeting Information
To Be Announced
Thellman called the regular meeting to order at 4:00 p.m. on Wednesday, October 15, 2014, with all members present.
MINUTES 10-15-14
Thellman moved to approve the minutes for August 14 and October 1, 2014. Motion was seconded by Gaughan and carried 3-0.
CONSENT AGENDA 10-15-14
Thellman moved approval of the following Consent Agenda:
► Resolution 14-25 amending Section 5.29 of the Douglas County Personnel Policy, dealing with Smoke-Free Work Place;
► Home Rule Resolution 14-10-3 amending Resolution 93-15 and Article 9 of Chapter 1 of the Douglas County Code, dealing with Smoke-Free Work Place;
► Supplemental Agreement No. 2, to the original Agreement No. 157-11 for interchange construction project at Bob Billings Parkway/K-10 highway;
► Authorized Public Works to purchase 48,000 pounds of crack seal material at $0.612/pound (Total $29,376.00);
► Acquisition of Easements for Project No. 23C-4640-01 for County Route 1055, Road No. 290 (E 1700 Road) as follows:
• Larry G. and Jeanne M. Black, Baldwin City, Tract No. 1;
• Christine Rothschild, Trustee under the Christine Rothschild 1992 Revocable Trust Agreement dated February 12, 1992; Indiana, PA, Tract No. 3;
• Carla and Don Michael Reed, Shawnee, KS, Tract No. 4;
• Rebecca A. and Rockie C. Browning; Baldwin City, Tract No. 6;
• Howard H. and Elizabeth L. Hemphill, Baldwin City, Tract No. 7/8;
• Susan Fosha Grimes, Baldwin City, Tract No. 9;
• Mary Elizabeth Gensler, Trustee under Mary Elizabeth Gensler Revocable Trust Agreement dated October 16, 2007, Baldwin City, Tract No. 10;
• Land & Sky, L.C., a Kansas limited liability company, Baldwin City, Tract No. 11;
• David A. and Phylis J. McFarlane, Baldwin City, Tract No. 12;
• Mark and Sherrill L. Martinez, Baldwin City, Tract No. 14;
• Kevin J. and Mary Jo Pyle, Lawrence, Tract No. 15;
• John A. and Cleo F. Langley, Baldwin City, Tract No. 16;
• Richard, Jr. and Melinda E. Dechant, Baldwin City, Tract No. 17;
• Martha H. and Clarence S. Buller, Co-Trustees under Martha H. Buller Trust under Trust Agreement dated October 8, 1998, Lawrence, Tract No. 18;
• Mark A. and Kaley O. Maley, Baldwin City, Tract No. 19
• Darrel Rurode, Trustee of the Darrel Rurode Trust dated June 8, 2000, Baldwin City, Tract No. 20
Motion was seconded by Gaughan and carried 3-0.
SHERIFF/JAIL 10-15-14
The item to consider a contract with Treanor Architects for the jail expansion was postponed to the October 22, 2014 meeting.
CITY OF LAWRENCE 10-15-14
The Board considered a request from the City of Lawrence for a NRA on 9 Del Lofts located at 900 Delaware Street. Britt Crum-Cano, Economic Development Coordinator, presented the item.
Tom Larkin, representing the applicant, stated the applicant is requesting a 15-year, 95% tax rebate of the incremental tax revenues for an affordable, multi-family house complex with 43 units. Eighty percent of the units will be fixed income housing. The project is a $7.2 million development. The 15-year request is tied to the compliance period of the low-income housing requirements. The Polar Building and Cider Gallery are two similar developments Larkin has been involved in. This project will add new jobs and will build upon the investments already made to the 9th Street corridor.
Crum-Cano stated the City has participated on several phases of reinvestment into this area, most recently with Phase 3 where they have added infrastructure improvements in the amount of $2 million. The County, City and School District participated in a NRA for the Cider Gallery for over $270,000. The combined support for project is about $2.3 million in an area that was previously blighted and abandoned. Staff feels this NRA meets the State and City criteria for eligibility. Crum-Cano stated the project will bring $7.2 million in capital investments and will create two full-time jobs at annual salaries of $50,000. She explained the tax flow benefits for the 15-year rebate. Our community needs affordable housing. The site is only a couple blocks from downtown which will help support those businesses. The City and School District both voted unanimously to support this project at the 15-year, 95% level. Staff recommends the 15-year, 95% level.
Thellman opened the item for public comment. No comment was received.
Thellman moved to approve an NRA request for 9 Del Lefts, LLC, with a 15-year, 95% rebate of the incremental tax revenues for the property at 900 Delaware Street to redevelop the property into an affordable, multi-family housing complex; and authorized the chair to execute the three-party agreement. Motion was seconded by Gaughan and carried 3-0.
MARKETING STUDY/CITY OF EUDORA 10-15-14
The Board considered a request from the City of Eudora for economic development funds for a marketing study. Gary Ortiz, City Manager of Eudora, presented the item.
Ortiz asked for Douglas County to participate at a 50% level in a retail market analysis with the Buxton Company for the city of Eudora. The purpose of the study is to better understand the consumers in Eudora and their purchasing practices. The study will cover attracting retail candidates, traffic counts, increase in tax revenues, and helping local business by increasing competition. Ortiz said he contracted with Buxton when he worked for the City of Leavenworth and feels they will be successful in pitching Eudora to developers.
Flory stated the study is phased by years one through three. He asked if we could contract for all three years or can we complete year one and then reevaluate. Ortiz responded he is confident we will need Buxton for two years and then we can reevaluate for year three.
Flory asked if the Eudora City Commission has committed to this funding. Ortiz stated that is correct. Flory asked if the City has created an Economic Development Fund for incentives when retailers are interested in locating in Eudora. Ortiz responded yes, but the funding is not at the level he would like it to be. They are willing to offer tax abatements as incentives.
Flory asked for clarification if there is funding available in the 2014 budget for this type of economic development. Weinaug responded, yes.
Thellman opened the item for public comment. No comment was received.
Thellman moved to approve a request for $25,000 in the fiscal year 2014 and $25,000 from the 2015 budget for a total of $50,000 as an equal cost share with the City of Eudora for 2 years participation in the Buxton program for a retail recruitment analysis. Motion was seconded by Gaughan and carried 3-0.
PRESENTATION/CARMAHOP 10-15-14
Jenny O’Brien, Community Manager of CarmaHop, made a presentation to the board on a roadside ridesharing program or carpooling option where participants signup on the CarmaHop App or on Facebook using their phone. The app identifies pickup and drop-off locations using a GPS application. Riders are required to use a ride board (dry erase board) with the CarmaHop logo and a personalized ID attached. O’Brien said the system is based on the practice of hitchhiking, but is safe and designed for shorter distances. Currently the program is being tested from Lawrence to Kansas City and Topeka, but O’Brien plans to extend the program to Baldwin City and Eudora.
HERITAGE GRANT PROGRAMS 10-15-14
Thellman moved to approve revisions to the Natural and Cultural Heritage Grant Program as recommended by the Heritage Conservation Council and based upon suggestions from Commissioner Thellman and Sarah Plinsky, Assistant County Administrator, related to eligibility, competitive evaluation criteria, the application, project agreement and the project reports. Motion was seconded by Gaughan and carried 3-0.
PUBLIC WORKS 10-15-14
The Board considered the approval of a resolution prohibiting the use of engine braking on portions of N 1000 Road for the duration of the construction of the South Lawrence Trafficway. Craig Weinaug, County Administrator, presented the item.
After discussion, Flory moved for staff to redraft the resolution prohibiting the use of engine braking on portions of N 1000 Road for the duration of the construction of the south Lawrence Trafficway in a final form, eliminating the expiration clause, and to bring the resolution back to the Commission for consideration on the next Consent Agenda. Flory also authorized the Public Works director to install signs expressing this ruling. Motion was seconded by Thellman and carried 3-0.
(Note: HR-14-10-4 was approved at the 10/22/14 meeting on Consent Agenda)
ACCOUNTS PAYABLE 10-15-14
Thellman moved to approve accounts payable in the amount of $1,076,645.93 be paid on 10/16 /14. Motion was seconded by Gaughan and carried 3-0.
RECESS 10-15-14
At 5:13 p.m., the Board recessed until the 6:35 p.m. meeting.
RECONVENE 10-15-14
The Board returned to regular session at 6:35 p.m.
PLANNING 10-15-14
The Commissioner heard the annual review of Hamm-Buchheim Quarry/Hamm Quarry No. 69, Conditional Use Permit CUP-11-5-76, a Mining and Excavation use located on approximately 73 acres at 1453 E 550 Road. Mary Miller, Lawrence-Douglas County Metropolitan Planning Staff, presented the item.
Miller stated this is a report on the annual compliance review for Hamm Buchheim Quarry for 2014. Miller went over the conditions attached to the CUP which include:
• The entrance to the site from County Road 1029 (E 550) be constructed to standards and specifications set by the County Engineer;
• that all applicable regulations be adhered to and all necessary permits be obtained;
• the Maintenance Agreement for E 550 Road, which includes dust palliative and cost of maintenance, donation of rock, with the agreement to be reviewed annually; the access point may be revised and the agreement included supplemental conditions to the CUP. The original condition required that Hamm’s maintain the road and provide performance bonds for the maintenance; this has been revised with the Road Maintenance Agreement to a rock donation requirement rather than a performance bond. The County Public Works Department will perform the road maintenance.
• Performance Bonds, the performance bond for the quarry is for the area that is open and mined from, to insure the area will be reclaimed. The Performance Bond is for 15 acres and 5.5 acres are open at this time.
• The no crush area on the west portion of the property. This area may be used for access drive, but blasting and quarrying should not occur in this area. A stockpile, primarily of top soil for reclamation encroaches into the area. the stockpile would interfere with the screening provided by the steep hill on the west so it will be graded to a lower elevation and seeded. The operator indicated this would be completed by Dec 1, 2014.
• The 90 days blasting/crushing period.
The quarry operator included this timeframe in the original plan of operations for the quarry in 1976. At that time there were no limits on the hours or days of operation. With the establishment of operator hours/days, the 90 days would be a lesser time frame if it were interpreted to be calendar days. To maintain a consistent time frame, staff recommends specifying the timeframe as 120 calendar days.
Miller discussed the six supplemental conditions the quarry voluntarily added to the CUP through the Road Maintenance Agreement as follows:
Summary of conditions:
1. The uses which are permitted with the CUP are identified.
2. The following Operating Hours are established:
• Processing, extraction, hauling: 7 AM to 6 PM, Monday – Friday; excluding New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and the following day, and Christmas Day and the following day.
• Blasting: 10:00 AM to 2:00 PM. Blasting outside of these times shall occur during rare circumstances due to weather and/or federal/MSHA regulations.
3. The original CUP did not require the site to be fenced. The following conditions related to fencing are established:
• A security gate and fence will be installed at the access and will be located when no staff is present. The gate will be signed with the operator’s information and ‘no trespassing’.
• Fencing, minimum 5-strand barbed wire fence, will surround the permitted crushing area.
• ‘No Trespassing’ signage will be installed at maximum 500 ft intervals.
• The height of the screening berms is designated as 6 ft.
4. The Supplemental conditions allow Hamm to sell, transfer, or assign the Subject Property.
5. The seismograph placement is included as a condition.
Condition No 6 of the Road Maintenance Agreement notes that the access points may be moved to locations that the County Engineer and Hamm agree upon, with safety on E 550 Road being a significant factor. A truck staging area will be provided on site. The County will post signage along E 550 road restricting parking on E 550 road between N 1500 and N 1450 Roads.
Miller also noted that the maintenance agreement modified the condition for dust control to increase the area that is Hamm’s responsibility to the entire length of E 550 Road from N 1450 Road to N 1600 Road/County Route 442.
Miller noted the quarry complied with the setback and screening requirements with the exception of the southwest corner. A 6 ft berm should be installed in this location as shown in the operation plan and relocation of the stockpiles from the 75 ft setback in this area. This change will occur with the opening of Cut 3 shown on the sequencing plan.
Miller stated that the Road Maintenance Agreement is included in the packet for Commission approval and that, with the following actions, the quarry is compliant with the operation plan:
• Regrading of top soil pile in the ‘No Mining/Screening’ area on the west portion of the property by 12/1/14, approximately.
• Installation of 6 ft high berm as shown in the operation plan in the southwest corner of the property and removal of stockpiles form the 75 ft setback in this area, with the opening of Cut 3.
Dan Watkin, representing Hamm Quarry, stated Hamm agrees with Miller’s report.
Thellman asked if the supplement conditions, held in the Road Maintenance Agreement, are just as binding as the conditions of the CUP. Watkins replied “yes” the conditions apply to the annual review and must be met or the County can take action.
Thellman opened the item for public comment.
Susan Davis, co-owner of Water’s Edge, stated she feels the steps taken for the Road Maintenance Agreement are steps in the right direction. She requested Veterans’ Day and Martin Luther King Day be added to the list of closed holidays. Damages to her property still have not been addressed.
Thellman asked if there is a date for the opening of the new access point to the quarry. Davis responded December 1, 2014.
Thellman asked if there was a process for neighbors to negotiate with the quarry for damages. Watkins stated Hamm is willing to install a seismograph on anyone’s property and do a “pre-blast inspection.” Then you can identify at a later date if there has been damage. A seismograph and blasting report is kept at the office and can be requested. Air blasts can be felt without the blast affecting the ground. Hamm carries insurance if there are damages.
Nicki Schneider, neighboring property owner, stated the following concerns: 1) that new conditions imposed by Hamm are not considered part of the CUP; 2) she doesn’t feel the County should be responsible for the dust palliative treatment as it’s the rock trucks causing dust; 3) she feels Hamm should be totally liable for road maintenance, not taxpayers; 4) Hamm should only be allowed to work a duration of 90 days consecutively; 5) she feels there should be fencing around the entire quarry area; and 6) she does not feel the terms of the CUP have been enforced.
Keith Browning, Director of Public Works, responded the rock donation to Douglas County pays for the road maintenance, and Hamm is responsible for the dust palliative. If that is not enough, Hamm and the County will work together to come up with a solution.
Flory said to clarify the 90-days; the original CUP had no distinction. Miller added that at the time the CUP was approved there were not working hours, holidays, or total days. The quarry could work straight through if they wanted. This time frame was set by the operator as part of their standard operating procedures at the time. When the stockpiles have been diminished, the blasting and rock crushing may begin again.
Flory said he questions whether the County has the authority or power to impose restriction on an existing Condition Use Permit. We can’t just make new things and apply to someone’s operation, especially if we didn’t find violations on the existing CUP. We all know the first CUP created between the County Commission, of which none of the current members were on, was created years ago with very few conditions involved. Flory said in his opinion, the Road Management Agreement is a creative document that Browning and Miller were able to work out with voluntary Hamm to get some real conditions built in that we otherwise could not legally impose. There is an expo facto issue that if you pass new laws or regulations it is very difficult, if not impossible to impose on nonconforming uses, like Zoning. Flory gave an example of “if you live in a certain area and you’re doing a certain activity and we pass a change in zoning, we can’t make you as a nonconforming use change the use of your property.” Flory added we have to accept that you’re a nonconforming use. Flory states Keith Browning and Mary Miller and Hamm in conjunction with talking with the neighbors set down and figured out a way for the County to get some conditions attached to this CUP that we can easily enforce. The old CUP had very little we could act upon. Flory said this in his mind is the best alternative we could come up with under the circumstances. Flory said he will be supportive.
Linda Kelly, Douglas County resident, stated the Conditional Use Permit seems to be a flexible permit. Commission Flory said we can’t impose new regulations on Hamm Quarry; however, our federal government constantly revises rules and regulations on our businesses constantly.
Thellman stated staff is looking for direction regarding whether the quarry has to remove temporary crushing equipment from the site after the 90-day crusting period. Watkins responded that when that condition was set 37 years ago, the equipment was more portable. Moving the equipment today would take several trips and would create more wear and tear on the road.
It was the consensus of the Board the equipment can remain on site. That requirement can be rectified in the Road Maintenance Agreement.
Gaughan asked what the notification process would be if in the event Hamm Company requested additional processing extraction time outside the normal schedule. Miller responded it may not have the typical notification if there was an emergency and the rock was needed immediately. It would be put on the Commission agenda if it wasn’t urgent. Zoning and Codes would handle the notification process.
Janet Chapman, Douglas County resident, stated her greatest concern is though the quarry doesn’t open until 7 a.m., trucks start coming down the road at 6 a.m. She can’t walk down her road because of the dust and because the trucks drive too fast.
Thellman asked if the quarry would be willing to wet down the road. Browning stated water is certainly an option but a short solution. The dust palliative lasts longer but it doesn’t eliminate all dust.
Gaughan asked if the County observes Veterans’ Day and Martin Luther King Day. Flory replied the County does not take off Veteran’s Day, but they do Martin Luther King Day. Miller added the holidays listed in the CUP are the typical holidays observed by most quarries.
Thellman asked when the next review will be for this CUP. Miller responded in October 2015.
Flory asked how often the County reviews other quarries. Miller replied “every five years.”
Gaughan moved to 1) receive the annual review, approve the Road Maintenance Agreement, and incorporate the document and make it a part of the Conditional Use Permit; 2) revise the language under the Road Maintenance Agreement to allow crushing equipment to remain on site; and 3) authorized the chair to execute the Road Maintenance Agreement. Motion was seconded by Flory and carried 3-0.
Thellman moved to adjourn the meeting; Gaughan seconded and the motion carried 3-0.
____________________________ ____________________________
Nancy Thellman, Chair Jim Flory, Vice-Chair
ATTEST:
___________________________ _____________________________
Jamie Shew, County Clerk Mike Gaughan, Member
Time and Date