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Commission Board Meeting on Wed, December 5, 2018 - 4:00 PM

Meeting Agenda: 

 WEDNESDAY, DECEMBER 5, 2018
4:00 p.m.

-Presentation to Lucas Neece
-Presentation from National Alliance for Mental Illness to recognize County Commission and County Administrator (Bill Wood)

CONSENT AGENDA
(1) (a)  Consider approval of Commission Orders;
 (b) Consider approval of 2019 Grant Materials for the Natural & Cultural Grant Program         (Jan Shupert-Arick);
 (c) Approval of the Memo to Use Unspent HCC Funds 2011-2014 for Douglas County Archaeological Study (Jan Shupert-Arick);
 (d) Consider approval of Cereal Malt Beverage License for Flamingo Enterprises/The Bird of Lawrence (Clerk’s Office);
  (e) Consider approval of Cereal Malt Beverage license for Clinton Submarina (Clerk’s Office);
 (f) Consider approval of Cereal Malt Beverage license for Clinton Marina (Clerk’s Office); and
 (g) Consider approval of Class “B” Club License for Little Reno, Inc. DBA Paradise Saloon (Clerk’s Office)

REGULAR AGENDA
(2) Consider an agreement with Forensic Medical Holdings of Kansas, LLC for Coroner Services and 
Consider appointment Dr. Atlaf Hossain M.D. as District Coroner for the Seventh Judicial District, Douglas County, Kansas and approve an agreement for services (Sarah Plinsky)

(3) Approve Memorandum of Understanding and Business Associate Agreement with Lawrence Douglas County Fire and Medical, and Douglas County, Kansas for My Resource Connection  (Jill Jolicoeur)

(4) Consider approval of Westar Energy Direct Renewable Participation Service Agreement (Jasmin Moore);

(5) Presentation on Kansas Leadership Center- Leadership Transformation Grant (Jasmin Moore) – No backup

(6) Consider approval of 2019 Douglas County Legislative Platform (Weinaug);

(7) Consider approval of a Temporary Business Permit for brush burning for RD Johnson/Hamm at 1600 N 1250 Road (Tonya Voigt);

(8) CUP-18-00432: Consider a Conditional Use Permit for Top Soil Removal and Landfill (clean rubble) on approximately 44.88 acres located at the NE Corner of E 1600 Rd & N 1250 Rd. Submitted by RD Johnson Excavating Company LLC, property owner of record. Mary Miller is the Planner.

 (9)  (a) Consider approval of Accounts Payable (if necessary)  
 (b) Appointments  
 -Board of Zoning Appeals (1) positions 10/17
 -Building Code of Appeals Board (2) positions 12/16
 -Community Corrections Advisory Board (1) position open (edu); (1) 08/31/18
 -Criminal Justice Coordinating Council (2) positions
 -Douglas County Emergency Management Board
 -Fire District No. 2 (2) positions 
 -JAAA Advisory Council (2) position
 -JAAA Board of Directors (1) position 
 -Joint Economic Development Council (2) positions
 -Lawrence-Douglas County Advocacy Council on Aging (2) open positions
 -MPO Bicycle Advisory Committee (1) position
 -Mental Health Board (1) position 04/18
 -Property Crimes Compensation Board (1) position
-Senior Resource Center (1) positon 12/31/18 
 (c)  Public Comment
 (d) Miscellaneous

(10)  Adjourn

Related Document(s): 
Meeting Location: 
County Courthouse
Street Address: 
1100 Massachusetts Street, Lawrence, Kansas 66044
Meeting Minutes: 

December 5, 2018

Thellman called the regular meeting to order at 4:00 p.m. on Wednesday, December 5, 2018 with all Commissioners present.

The County Commission recognized Lucas Neece, former Management Intern, for his work for Douglas County May 2017-December 2018. Neece will  start a new position as Assistant City Administrator in Lindsborg, Kansas in January 2019.

Bill Wood, National Alliance for Mental Illness, recognized the County Commission and Craig Weinaug, County Administrator, for their work on improving mental health services in Douglas County.

CONSENT AGENDA 12-05-18
Thellman moved approval of the following Consent Agenda:
►  Commission Order Nos. 18-055, 18-056 and 18-057 on file in the office the County Clerk);
►   Approve the 2019 Heritage Conservation Council’s Natural & Cultural Heritage Grant Program Materials with a reduced $135,000 grant funding pool and with a grant application due date of March 7, 2019;
►   Resolution No. 18-31Cereal malt Beverage License for Clinton Marina;
►   Resolution No. 18-32 Cereal malt Beverage License for Clinton Submarina;
►   Resolution No. 18-33 Cereal malt Beverage License for Flamingo Enterprises/The Bird of Lawrence;
 ►   Class “B” Club License for Little Reno, Inc. DBA Paradise Saloon

Motion was seconded by Derusseau and carried 3-0.
 
Pulled from the Consent Agenda:
HERITAGE CONSERVATION COUNCIL (HCC)12-05-18
The Board considered approval of the memo to use unspent HCC Funds 2011-2014 for a Douglas County Archaeological Study.

Derusseau asked why there is a need for a new study.

Jan Shupert-Arick, Heritage Conservation Council Coordinator, explained that an updated archaeological study is needed for Douglas County that would utilize new technologies and create a GIS layer that would serve as a resource for city-county planning. The HCC will work on the project with assistance from the Kansas State Historical Society.

Derusseau asked if the HCC will solicit bids as there are only a small number of people in the area that provides this type of work.

Cathy Dwigen, HHC member, stated that the HCC has been in contact with KU. This type of study is commonly done in the archaeology field.

Thellman opened the item for public comment. No comment was received.

Thellman moved to approve recommendations from staff to approve identified reserve funds from 2011-2016 in the amount of $37,975.84 to be used to conduct an archaeological study in Douglas County, pursuant to Horizon 2020 (Chapter 11, p 16) as requested in a memo from staff dated November 19, 2018. Motion was seconded by Derusseau and carried 3-0.

ADMINISTRATIVE SERVICES 12-05-18 
The Board considered an agreement with Forensic Medical Holdings of Kansas, LLC for Coroner Services and considered the appointment of Dr. Atlaf Hossain M.D. as District Coroner for the Seventh Judicial District, Douglas County, Kansas and an agreement for services. Sarah Plinsky, Assistant County Administrator, presented the item.

It was presented that the agreement is largely the same as past years with no substantial changes. Dr. Atlaf Hossain introduced himself to the Commissioners.

Thellman opened the item for public comment. No comment was received.

Thellman moved to approve the annual agreement with Forensic Medical Holdings of Kansas outlining the responsibilities of the Coroner for services through December 31, 2019; and an Independent Contractor Agreement for Coronor Services with Dr. Atlaf Hossain, M.D. to provide Coroner services to Douglas County for services through December 31, 2019. Motion was seconded by Derusseau and carried 3-0.

FIRE AND MEDICAL 12-05-18
The Board considered approval of a Memorandum of Understanding and Business Associate Agreement with Lawrence Douglas County Fire and Medical, and Douglas County, Kansas for MyResource Connection. Jill Jollicoeur, Assistant to the County Administrator, presented the item.

Douglas County is currently contracting with Johnson County, Kansas to implement MyResource Connection (MyRC), which is a web based application that was developed by Johnson County to facilitate the sharing of limited amounts of client information among participating county agencies.

Lawrence-Douglas County Fire and Medical (LDCFM) is among the participating agencies and will provide crucial information regarding calls for services. The agreements were developed with close consultation between the City of Lawrence Legal Department and Douglas County and will formalize the legal use of LDCFM information in MyRC.

Thellman opened the item for public comment. No comment was received.

Thellman moved to approve the Memorandum of Understanding and Business Association Agreement with Lawrence-Douglas County Fire and Medical and Douglas County, Kansas. Motion was seconded by Derusseau and carried 3-0. 

SUSTAINABILITY 12-05-18
The Board considered the approval of a Westar Energy Direct Renewable Participation Service Agreement. Jasmin Moore, Sustainability Director, presented the item.

Wester Energy is currently offering large customers, like Douglas County, the opportunity to purchase wind power from a new wind farm, which will be fully operational in 2020. The County’s participation in this service agreement to source 60% of its power from wind would save the County approximately $12,500 annually and would directly support the Douglas County Kansas Sustainability Plan adopted in 2010. There are no upfront costs. In the last five years, Douglas County spent an average of $603,000 on electricity annually with $135,000 of that attributed to fuel charges. The fuel charge rate for wind power is 15% less than what the County is currently paying.

Thellman opened the item for public comment. No comment was received.

Gaughan moved to approve the agreement with Westar Energy Inc. for a Direct Renewable Participation Service Agreement. Motion was seconded by Derusseau and carried 3-0.

SUSTAINABILITY 12-05-18
Jasmin Moore, Sustainability Director, conducted a presentation to the Board on the Kansas Leadership Center-Leadership Transformation Grant.

Douglas County received 40 full scholarships for members of the Food Policy Council, Heritage Conservation Council, Criminal Justice Coordinating Council, Board of County Commissioners and key County staff to attend the Kansas Leadership Training in 2019.

The intent of the grants are for 1) participants to learn Kansas leadership frame work; 2) grow leadership capacity of staff for greater collaboration with common language;  and 3) develop skills to approach challenges in local government that are less adaptable and more complicated.

Thellman opened the item for public comment. No comment was received.

No action was taken. Presentation was informative only.

ANNUAL LEGISLATIVE PLATFORM 12-05-18
Craig Weinaug, County Administrator, presented the 2019 Douglas County Legislative Platform for discussion.

It was the consensus of the Board to raise the following items to a higher priority for legislative support: Injection wells, funding support for District Court and Community Corrections.

Other priorities discussed were a new transportation plan for the South Lawrence Trafficway (SLT) and improving safety issues at the Lecompton/Farmer’s Turnpike interchange at the interchange getting on and off K-10. It was determined the revised platform will be circulated back through the Commission for approval, but will not be put back on for agenda approval.

Thellman moved to accept the amendments as discussed. Motion was seconded by Gaughan and carried 3-0.

PLANNING 12-05-18
The Board considered the approval of a Temporary Business Permit for brush burning for RD Johnson/Hamm at 1600 N 1250 Road. Tonya Voigt, Zoning & Codes staff, presented the item.

RD Johnson, LLC has submitted an application for a Temporary Business Use Permit to burn brush brought from off-site to the above address. The Kansas Department of Health and Environment (KDHE) has recently changed their policy to allow brush burning on commercial sites and has approved brush burning operation at 1600 N 1250 Road. The approval is for the burning of trees and brush only. Because the brush is generated off-site a TBU permit is also required from the County.

Staff recommends approval of the Temporary Business Use Permit for permission to burn off-site brush on property at 1600 N 1250 Road with the following conditions:

1. Approval is for the burning of trees and brush only.
2. All open burning must be conducted in accordance with KAR 28-19-647 and Douglas County Home Rule Resolution No. HR 17-3-1.
3. Notification to Wakarusa Township Fire Dept. will be done prior to initiating a burn.
4. Applicant is in compliance with the requirements of KDHE Permit No.   04-19-001 NEDO at all times.

5. The person conducting the burn shall insure that the burn is supervised until the fire is extinguished.
6. A person shall not conduct a burn that creates a traffic or other       safety hazard.
7. Open burning is prohibited on those days when a local or state governmental entity has imposed a county wide or state wide burn ban.
8. Approval is required for a one year period, from December 2018 to December 2019, with the possibility of a six month extension.

No comments were received from surrounding neighbors. 

Thellman asked who would be liable if the burning causes an accident on K-10 Highway. Sarah Plinsky, Assistant County Administrator, responded the County would not be liable and RD Johnson may not be either. Sometimes there is no liability.

Thellman also stated concerns about the burning already taking place without a permit. She asked if there had been complaints. Voigt confirmed that the Zoning & Codes Department had not received any complaints.

Gaughan asked if there is a limit on the number of days the applicant can burn.

Jason Dahlam, Director of Operations for RD Johnson, said they look for the best dates for burning and contact the Wakarusa Fire Department to notify them of their burn days. He said the Fire Department will not let them burn if the conditions aren’t right.

Thellman opened the item for public comment. No comments were received.

Thellman said she is not happy that burning was happening without the Temporary Business Use Permit, but glad the applicant is working with the County to get things squared away. She is relieved to know that the activity has not generated any complaints.

It was the consensus of the Board that the applicant also notify the Highway Patrol and Sheriff’s Office, along with the Wakarusa Fire Department when they wish to burn.

Thellman moved to approve the Temporary Business Use Permit for brush burning for RD Johnson/Hamm at 1600 N 1250 Road with the recommended conditions from staff as listed above; and with the added condition that the applicant contact the Highway Patrol and Sheriff’s Office along with the Wakarusa Fire Department. Motion was seconded by Gaughan and carried 3-0.
 

PLANNING 12-05-18
The Board considered the approval of CUP-18-00432, a Conditional Use Permit for Top Soil Removal and Landfill (clean rubble) on approximately 44.88 acres located at the NE Corner of E 1600 Road and N 1250 Road. The application was submitted by RD Johnson Excavating Company LLC, property owner of record. Mary Miller, Lawrence-Douglas County Metropolitan Planning staff, presented the item.

Staff recommend approval of the Conditional Use Permit application based on the following findings of fact:

I. Zoning and uses of property nearby. The area is zoned V-C (Valley Channel) and surrounding land uses are agricultural in nature. Open space is available in the area in the form of the Baker Wetlands. The
proposed conditional use, as conditioned, should be compatible with the zoning and uses in the area as the final elevation will be no higher than that of the site prior to excavation and fill.

II. Character of the area. The Baker Wetlands extend into the western portion of this area. Most of the area is encumbered with regulatory floodplain. Property outside the Baker Wetlands is primarily
used for agriculture. The proposed use should be compatible with the character of the area provided conditions are applied as necessary, due to the location of the property within the floodplain.

III. Suitability of subject property for the uses to which it has been restricted. The property is well suited for the uses to which it is restricted with the V-C district due to the large amount of floodway and floodway fringe on the property. The property is also well suited to the proposed use, as it would be a continuation of the previously approved borrow pit and the landfill will result in the reclamation of the borrow pit.

IV. Length of time subject property has remained vacant as zoned. The property has been in agricultural use since the adoption of the Zoning Regulations in 1966. The ponds were installed in 2013 to 2016 as part of the K-10 Highway construction.

V. Extent to which removal of restrictions will detrimentally affect nearby property. Activities associated with a landfill and borrow pit could have negative impacts on nearby properties. The heavy equipment and earthwork required for the landfill are not expected to have negative impacts due to the limited hours of operation and lack of residential uses in the area. The truck traffic to and from the site is limited to E 1600 Road to prevent an impact to the nearby township roads. The borrow pit/landfill is expected to be temporary and a 10 year expiration date is recommended, with the possibility of an extension by the Board of County Commissioners. These conditions should mitigate the impacts of the proposed use 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 upon the individual landowners. In staff’s opinion, the gain to the public health, safety, and welfare by the denial of the request for the Conditional Use Permit for the removal of top soil on the east side of the parcel would be the retention of high quality soils. As these are not listed in the Zoning Regulations or other portion of the County Code as resources that should be protected staff has no basis to recommend denial based on this factor. The hardship to the applicant would be the need to search for a new source of dirt for construction projects within the area.

VII. Conformance with the Comprehensive Plan. The proposed Conditional Use Permit is in compliance with recommendations in the Comprehensive Plan in that the need for soil with the highway construction project was seen as more significant than the preservation of the high quality soils. The development of each parcel with high quality soils must be made on a case-by-case basis using the balancing criteria in Chapter 7 of the Comprehensive Plan until regulations or standards have been developed and included in the Zoning Regulations.

and subject to the following conditions:
1.  The plan shall be revised with the following changes:
a.  Deadlines for the reclamation phases listed: May 31, 2019 for the 1st phase and November 30, 2019 for the 2nd phase and the area in each phase noted.
b.  Note regarding the burning of trees and brush and the area shown for this activity removed from the plan.
2.  The following conditions apply to the use. Note these on the plan:
a.  Only materials that are included in the KDHE definition of Clean Rubble may be disposed of in the landfill. These materials are: “….the following types of construction and demolition waste: concrete and concrete products including reinforcing steel, asphalt pavement, brick, rock and uncontaminated soil as defined in rules and regulations adopted by the secretary.” Materials which do not meet this definition, including trees and brush, shall not be brought to the site.
b.  The current drainage pattern with drainage flowing through a culvert under N 1250 Road, northward across the subject property and under K-10 Highway, shall be maintained.
c.  When filled, the borrow pit shall be graded to no more than 6 inches of the final elevation shown on the reclamation plan. When grading is complete, 6 inches of top soil shall be applied and the property shall be seeded. Reclamation is considered complete when vegetation has been established.
d.  The Conditional Use Permit is subject to a 5 year administrative review and will expire 10 years after the date of the Commission’s approval, unless an extension request, submitted before the deadline, is approved by the Board of County Commissioners.
3.  A reclamation / closure plan shall be submitted to the Zoning and Codes Office by December 31st of each year, beginning in 2019. The plan shall show the following:
a.  The portion that has been reclaimed (graded and final seeded and vegetation has been established) and reclamation has been approved by the Zoning and Codes Office; the portion that has been filled and graded (and seeded, if seeding has occurred but vegetation hasn’t been established); the portion that is open and soil is being removed from, and the portion that has not yet been disturbed.
b.  The area of each section shall be noted on the plan.
c.  The plan shall note the estimated timeframe for the completion of reclamation of any phases where borrowing is complete.
d.  As reclamation occurs, the plan shall include the surveyed elevation points of the areas that have been final graded and seeded to insure that the finished elevation is less than or equal to that which existing prior to borrowing, as shown on the approved CUP plan.

Miller explained this category, 12-319-4.12 contains several types of landfills. This request is for a Clean Rubble landfill. Property is zoned V-C Valley Channel (zoning district predates floodplain). Zoning Regulations prohibit any development in the V-C District that would cause an obstruction in the flow.  The property is also primarily located within the floodway.  For this reason a condition has been placed on the landfill activity that the finished elevation must be the same as the elevation prior to excavation.

Wakarusa Township expressed concern with the truck traffic on their township roads. The township approved the truck route noted on the plan with trucks accessing the site only from E 1600 Road and entering into the site through an access drive. No truck traffic is permitted with this use on the township roads. The manager of the farm to the south was concerned with the landfill impacting the drainage from his farm. The drainage runs north under 1250 Road and across the subject property then further north.  A condition of the CUP is that this drainage pattern shall be maintained.

As is customary with most CUPs, this will be subject to 5 year administrative review. A 10 year expiration date has been applied to the CUP. If the use will not be completed by the deadline, an extension could be requested from the County Commission.

Regarding a reclamation plan, the final elevation cannot be greater than that which existed prior to the fill activity. Reclamation/closure plans must be updated and provided to the Zoning and Codes at the end of each calendar year. The open burning is not included in the CUP approval as trees and brush are not considered ‘clean rubble’. Trees and brush are included in a Construction and Demolition Landfill. If this landfill were a Construction and Demolition Landfill, the dumping of trees and brush could have been possible. However, the property is within the regulatory floodplain, most of it is within the regulatory floodway, and only clean rubble landfills are permitted within the floodplain. The County regulations do not currently have a use category for ‘open burning of trees and brush’, other than a Construction and Demolition landfill. The applicant has applied to the Zoning and Codes Office for a Temporary Business Use Permit to allow the open burning of trees and brush that are brought from other sites. This was approved in the prior item presented.

There was discussion on the stripping of top soil on the property. Jason Dahlem, representative for RD Johnson, stated the top soils (if removed) will be displaced to another location on site and then restored during reclamation.
 
Thellman commented that we have some serious work to do on conserving primary soils in Douglas County though there is no real enforcement power. She thanked the Planning Commission for having conversations on soil issues. We need to preserve what we can. We need to add preservation of soils and prairies to the new Comprehensive Plan for 2040.

Thellman opened the item for public comment. No comment was received.

Gaughan moved to approve CUP-18-00432, a Conditional Use Permit for Top Soil Removal and Landfill (clean rubble) on approximately 44.88 acres located at the NE Corner of E 1600 Road and N 1250 Road with the conditions recommended by staff and listed above. Motion was seconded by Derusseau and carried 3-0.

ACCOUNTS PAYABLE 12-05-18
Thellman moved to accounts payable in the amount of $2,117,559.58 to be paid on 12/06/18, and $37,232.98 paid on 11/30/18. Motion was seconded by Derusseau and carried 3-0.

PUBLIC COMMENT 12-05-18
Ron Wilson, 627 N 750 Road, asked the County for Open Records Act communications concerning shooting complaints, weapons or investigation at the Fraternal Order of Police firing range for the past two years.

Sarah Plinsky, Assistant County Administrator, asked Wilson to make his request in writing and that she would accept his written notes as a request with signature. 

PUBLIC COMMENT 12-05-18
Trinity Carpenter, 2113 W 26th Street, stated concerns that the County give public notice of any discussions on jail expansion and to keep in mind the public did not vote for a jail expansion in the May 2018 election.

Thellman moved to adjourn the meeting. Motion was seconded by Derusseau and carried 3-0.

 
____________________________  ____________________________
 Nancy Thellman, Chair                      Michelle Derusseau, Vice-Chair
 
ATTEST:
 ____________________________  _____________________________  
Jamie Shew, County Clerk                 Mike Gaughan, Member