Meeting Information
WEDNESDAY, DECEMBER 2, 2015
4:00 p.m.
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders
(b) Consider approval of a contract for engineering services Project No. 2015-68;
Replacement of Bridge No. 00.64N-05.50E (Chad Voigt);
(c) Consider approval of Class “B” Club License for Little Reno, Inc. DBA Paradise Saloon;
(d) A resolution qualifying Clinton Marina to sell cereal malt beverages on the premises at 1329 E 800 Road (Clerk’s Office);
(e) A resolution qualifying Clinton Submarina to sell cereal malt beverages on the premises at 1329 E 800 Road (Clerk’s Office); and
(f) A resolution qualifying Flamingo Enterprises/The Bird of Lawrence to sell cereal malt beverages on the premises at 1626 E 1550 Road (Clerk’s Office).
REGULAR AGENDA
(2) Receive update on STAR Sustainability Certification Process (Eileen Horn)
(3) Property tax reimbursement request for Dwayne Peaslee Technical Training Center
(Hugh Carter)
(4) CUP-15-00474: Consider a Conditional Use Permit for a Water Storage Tank & Booster Pump Station for Public Wholesale Water Supply District No. 25, on approximately 3 acres in the southeast corner of the intersection of E 1300 Rd & N 650 Rd/County Route 460. Submitted by Public Wholesale Water Supply District No. 25, for Harrison Family Farms LLC, property owner of record, and Public Wholesale Water Supply District No. 25, contract purchaser. Mary Miller is the Planner.
(5) (a) Consider approval of Accounts Payable (if necessary)
(b) Appointments
-Board of Construction Codes Appeals (1) position
-Fire District No. 2 – (1) position expires 12/15
-Food Policy Council (1) position
(c) Public Comment
(d) Miscellaneous
(6) Adjourn
December 2, 2015
Flory called the regular meeting to order at 4:00 p.m. on Wednesday, December 2, 2015 with all members present.
CONSENT AGENDA 12-02-15
Flory moved approval of the following Consent Agenda:
► Contract with CFS Engineers for engineering design services at a not- to-exceed cost of $40,990.00 for Project No. 2015-68, replacement of Bridge No. 00.64N-05.50E;
► Class “B” Club License for Little Reno, Inc. DBA Paradise Saloon, 1697 Highway 40;
► Resolution 15-29 for sale of cereal malt beverage license for Clinton Marina; 1329 E 800 Road;
► Resolution 15-30 for sale of cereal malt beverage license for Clinton Submarina, 1329 E 800 Road; and
► Resolution 15-27 for sale of cereal malt beverage license for Flamingo Enterprises/The Bird of Lawrence; 1626 E 1550 Road.
Motion was seconded by Gaughan and carried 3-0.
SUSTAINABILITY 12-02-15
The Board received an update on the STAR Sustainability Certification process by Eileen Horn, Sustainability Coordinator. According to Horn, the STAR rating would allow us to benchmark against our peers. There are seven goals and it takes about a year to get through the application process. Currently Wichita, Kansas City, MO and Columbia are also trying for STAR certification.
No action was taken.
PEASLEE TECHNICAL CENTER 12-02-15
Gaughan moved to approve a property tax reimbursement of $15,370.38 for 2015 to the Dwayne Peaslee Technical Training Center. Motion was seconded by Thellman and carried 3-0.
PLANNING 12-02-15
The Board considered CUP-15-00474, a Conditional Use Permit for a water storage tank and booster pump station for Public Wholesale Water Supply District No. 25, on approximately three acres in the southeast corner of the intersection of E 1300 Road and N 650 Road/County Route 460. The application was submitted by Public Wholesale Water Supply District No. 25, for Harrison Family Farms LLC, property owner of record, and Public Wholesale Water Supply District No. 25, contract purchaser. Mary Miller, Lawrence-Douglas Metropolitan Planning Staff, presented the item.
Staff recommends approval of the Conditional Use Permit for a Rural Water District standpipe and booster pump station, a utility use, based upon the following findings of fact:
I. Zoning and uses of property nearby. Surrounding uses are predominantly rural residential and agricultural. There are woodlands and narrow strips of floodplain in the area. The proposed project should be compatible with the nearby land uses and zonings, given the low intensity use being proposed.
II. Character of the area. The area is rural in character and is zoned A (Agricultural) District with land to the southeast and southwest zoned F-F (Floodway Fringe Overlay) and F-W (Floodway Overlay) Districts. The utility building and standpipe should be compatible with and maintain the rural character of the area.
III. Suitability of subject property for the uses to which it was been restricted. The property is in agricultural production and would be suitable for uses which are permitted within the A (Agricultural) District. The property is also suitable for the proposed Public Utility use, when approved as a Conditional Use.
IV. Length of time subject property has remained vacant as zoned.
The property has been in agricultural production since the adoption of the 1966 Zoning Regulations.
V. Extent to which removal of restrictions will detrimentally affect nearby property. The proposed facility will include a standpipe and a booster station, similar to other water district utilities throughout the county. Approximately 4 trips maintenance trips are anticipated to the site per week. Given the nature of the facility and the low traffic generation,
no negative impacts are anticipated on nearby properties.
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, there would be no gain to the public health, safety, and welfare by the denial of the request. Approval of the request may increase availability of public water in this portion of the county.
VII. Conformance with the comprehensive plan. The proposed use is part of the necessary infrastructure needed to expand access to a public water supply in the rural portion of the county and is consistent with recommendations in the Comprehensive Plan.
And subject to the following condition:
a. The Conditional Use shall be administratively reviewed every 5 years.
Flory opened the item for public comment.
Stan Zaremba, 718 E 1300 Road, stated he doesn’t like the location because it will obstruct his view; the building is too close to the road. He would like to see the structure farther off the intersection.
John Ruckman, Bartlett and West, replied that he looked at the site farther to the east, as mentioned by Zaremba, but the property is in a trust. Though Ruckman would prefer to build in that location, the landowner pushed them to the present location. Ruckman said will be 85’ tall and 150’ back from 650 Road. There will be no screening on north side but he would be happy to consider it.
Flory commented that these decisions are difficult. No matter where the applicant asked to place water tank, someone will want it someplace else. Flory said once the neighborhood gets familiar with the structure, it won’t be a visual problem. He sympathizes with the neighbors, but feels this provides a necessary service. He is supportive of the CUP.
Flory moved to approve CUP-15-00474, a Conditional Use Permit for a water storage tank and booster pump station for Public Wholesale Water Supply District No. 25, with the condition the CUP is reviewed every 5 years. Motion was seconded by Gaughan and carried 3-0.
ACCOUNTS PAYABLE 12-02-15
Flory moved to approve accounts payable the in the amounts of $770,405.31 to be paid on 12/03/15; and $278,915.44 paid on 11/25/2015. Motion was seconded by Gaughan carried 3-0.
APPOINTMENT 12-02-15
Thellman moved to approve reappoint Sue Drew to the Palmyra District Fire #2 for a three-year term. Motion was seconded by Gaughan and carried 3-0.
APPOINTMENT 12-02-15
Flory moved to approve appoint Carolyn Wulfkuhle and Will Vesecky to the Food Policy Council for three-year terms. Motion was seconded by Thellman and carried 3-0.
APPOINTMENT 12-02-15
Flory moved to appoint Commission Thellman to replace Flory as the Commission representative to the Bioscience and Technology Business Center (BTBC) Board of Directors effective February 18, 2016. Motion was seconded by Gaughan and carried 3-0.
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