WEDNESDAY, MARCH 20, 2019
4:00 p.m. - WORK SESSION
(1) 2020 Budget Preparations (Sarah Plinsky/Jill Jolicoeur)
5:30 p.m. BUSINESS MEETING
-Consider approval of the minutes for March 6 and March 13, 2019.
(1) (a) Consider approval of Commission Orders;
(b) Consider approval of bids for noxious weed herbicides (Keith Browning)
(c) Consider approval to waive the formal bidding process and authorize staff to utilize the Houston-Galveston Area Council contract for the purchase of two ambulances from American Emergency Vehicles for a total purchase price of $579,854. (Shaun Coffey); and
(d) Accounts payable.
(2) Authorize the Interim County Administrator to enter into lease negotiations for 1006 New Hampshire (Sarah Plinsky)
(3) Consider approval of an Agritourism Tier 1 application for Winter Schoolhouse (Tonya Voigt)
(4) Consider approval of a Temporary Business Permit for a temporary asphalt plant for Bettis Asphalt (Tonya Voigt)
(5) Consider CUP-18-00570, an amended Conditional Use Permit to reduce the amount of the performance/reclamation bond required for Big Springs Quarry, located at 2 N 1700 Rd, Lecompton. Submitted by Mid-States Ventures LLC, for Mid-States Ventures LLC, Nancy J Hughes, James R Meek, Thomas R Meek, and Bonnie M Nichols, Trustee, property owners of record. (Mary Miller is the Planner)
• Community Corrections Advisory Board (1) positions open (Social Services)
• Criminal Justice Coordinating Council (1) positions open (Commissioner Appt)
• JAAA Advisory Council (1) position
• JAAA Board of Directors (2) positions
• Heritage Conservation Council: (1) position (Architect)
• Lawrence-Douglas County Advocacy Council on Aging (10) open positions
(7) General Public Comment
General Public Comment will be at the end of each meeting with a limit of one comment per person and keep their comments brief. Individuals may not give unused time to other speakers. As a general practice, the Commission will not discuss/debate these items, nor will the Commission make decisions on items presented during this time, rather they will refer the items to staff for follow up, if necessary.
(8) Committee Reports
(9) Commissioner and/or Administrator Miscellaneous
March 20, 2019
Derusseau called the Work Session to order at 4:00 p.m. on Wednesday, March 20, 2019 with all Commissioners present.
WORK SESSION 03-20-19
Sarah Plinsky presented the County Commissioners with an overview of the 2019 Budget and then discussed some projections toward the upcoming 2020 Budget process.
- The 2019 Budget, Revenues and Fund balances.
- 2019 Equipment Reserves
- The Assessed Value History
- 2019 Assessed Valuation & 2020 Budget Lid Limitations
- Mill Levy History & Value of Mill Levy
- Douglas County Employee Health Insurance
- 2020 Budget Process
- Budget details for June 2019
The Board took recess from the Work Session at 4:55 p.m.
Derusseau opened the Regular Session meeting at 5:30 p.m. with all Commissioners present.
Derusseau moved approval of the minutes for March 6 and March 13, 2019. Motion was seconded by Kelly and carried 3-0.
CONSENT AGENDA 03-20-19
Derusseau moved approval of the following Consent Agenda:
► Commission Order Nos.19-021 and 19-022 on file in the office the County Clerk;
► Accepted the low bid from supplier of noxious weed herbicides for the Public Works Department to treat noxious weeds for the 2019 season as follows:
Van Diest Supply
2, 4-D Amine
Van Diest Supply
Van Diest Supply
Van Diest Supply
Van Diest Supply
► Approved a request from the Fire Medical Department staff as follows:
1) Waived formal bidding process and authorized staff to utilize the Houston-Galveston Area Council (H-GAC) for purchase;
2) Approve the trade in of:
a. Unit 680-2010 Chevrolet C4500, VIN 1GBE4V1999F402599 in the amount of $10,000.
b. Unit 690-2010 Chevrolet C4500, VIN 1GBE4V1999F403039 in the amount of $10,000.
3) Purchase two (2) ambulances from American Emergency Vehicles (AEV) for a purchase price of $299,427.00 each, plus $1,000 H-GAC, for a total $579,854.00. (INCLUDES TRADE-IN).
► Accounts payable in the amount of $421,445.16 to be paid on 03/21/19.
Motion was seconded by Kelly and carried 3-0.
LEASE AGREEMENT/1006 NEW HAMPSHIRE 03-20-19
Sarah Plinsky, Interim County Administrator, asked the Board to consider entering into lease negotiations for space at 1006 New Hampshire.
The City of Lawrence Municipal Court operations and administrative staff have relocated to a new space in the Riverfront Plaza. Given this space’s proximity to the Douglas County Courthouse and the Judicial and Law Enforcement Center (JLE), this building could meet the immediate space needs for a new division and courtroom for a new judge and growth of the District Attorney’s office as identified in the 2017 Space Needs Study performed by Gould Evans. Other considerations include growth of the Criminal Justice Services and Sheriff’s Department, meeting rooms and adequate parking for citizens and staff.
A Letter of Intent was submitted on Douglas County’s behalf this past week by Allison Moore, of Colliers International, a commercial real estate company, with a proposed rental rate of $10,766.66 per month for a three-year term that would commence June 1, 2019. Improvements would be made prior to Douglas County taking occupancy. The building owners have agreed to proceed according to the terms and conditions as outlined in the Letter of Intent.
Derusseau opened the item for public comment. No comment was received.
Derusseau moved to authorize the Interim County Administrator to enter into lease negotiations for the 1006 New Hampshire building. Motion was seconded by Thellman and carried 3-0.
ZONING & CODES 03-20-19
The Board considered an Agritourism Tier 2 application for Winter Schoolhouse located at 744 N 1800 Road. Tonya Voigt, Zoning and Codes Coordinator, presented the item.
The Winter School is owned by Winter School Preservation, Inc. The owners requested approval for a proposed museum and event venue in a historical one-room schoolhouse. The property is currently zoned A (Agricultural) as is all surrounding properties to the north, east, west and south. The building will be available for lease to small community groups of less than 50 people, which will not exceed the museum occupancy maximum. The plan offers 25 off-street parking spaces, including one ADA space, and a detached ADA restroom facility. The application is for a year-round event center with the hours of operation unknown at this time, but coordinated in partnership with volunteers from the Lecompton Historical Society. The proposed center meets the criteria for a Tier 1 operation, but because it does not have a house on the property, the project must be registered as Tier 2 Agritourism.
Staff recommends the following conditions of approval:
1) Entrance permit must be obtained by Douglas County Public Works. No additional entrances will be permitted.
2) The County Commission may waive the separation requirement (50') depending on the nature of the Agritourism activity. A waiver of activities within 50' of the North property line will be granted.
3) The existing entrance must serve both the Winter School property and the McClure property at 746 N 1800 Rd.
4) If events exceed the number of parking spaces and occupancy rate allowed by Tier 2 standards, a Conditional Use Permit is required.
5) Smoking is prohibited.
6) ADA spaces shall be clearly delineated in the parking areas and designed in accordance with the ADA Guidelines and Zoning Regulations.
7) Sign permit will be required by Zoning & Codes.
8) No fireworks will be permitted. No fires will be allowed if a burn ban is in effect.
9) No lighting shall project onto adjoining residential lots. Use of spot lighting or other glaring lighting should be prohibited.
10) Motors or motorized vehicles are prohibited, with the exception of agricultural machinery and vehicles or electric motors.
11) Outdoor amplification of sound; such as auctioneering speakers or disturbing amplified music is prohibited.
12) The wastewater system be approved by the Douglas County Health Department.
13) Registration for the Agritourism business with the Kansas Department of Wildlife, Park and Tourism (KDWPT) provided to Zoning & Codes prior to operation.
Derusseau opened the item for public comment.
Paul Bahnmaier, 393 N 1900 Road, asked the Commission to support this project as it will add to the Historic Lecompton tour presentation and will complement the community. He said because of the Douglas County E-Community program, Lecompton has a thriving downtown.
Wint Winter, Douglas County resident, stated his family deeded land for the Winter School in 1869. His family bought the property back in 1984 and has worked with the Lecompton Historical Society to make some improvements. He asked the Board to consider not requiring a commercial curb cut on the property as it would be beyond their budget and would detract from the historical look of the property.
Thellman asked if the curb cut was part of the conditions. Voight responded it would be part of the permitting process. Keith Browning, Director of Public Works, will work with the Winter family on an appropriate, safe solution.
It was the consensus of the Board they are excited for this project.
Derusseau moved to approve the Agritourism Tier 2 application for the Winter Schoolhouse located at 744 N 1800 Road with the above listed conditions as recommended by staff. Motion was seconded by Kelly and carried 3-0.
ZONING & CODES 03-20-19
The Board considered an application for ZTBO-2019-001, a Temporary Business Permit for a portable asphalt plant for Bettis Asphalt & Construction, Inc. located at 1454 E 2300 Road, Eudora, Kansas. The owners of record are Dennis and Jane Eisele. Tonya Voigt, Zoning and Codes Coordinator, presented the item.
The purpose of the project is to support a 13 mile KDOT resurfacing project on K-10 beginning at the Douglas/Johnson county line, then extending east to the junction of K-10 and K-7 highways. Stockpiles will consist of rock, sand, asphalt millings and recycled asphalt shingles. The permit is requested for a six-month period, from April 1 – October 1, 2019. The 80 acre property is zoned A (Agriculture), as is the surrounding properties to the north, east, west and south.
Staff recommends the approval of the Temporary Business Permit for a temporary asphalt batch plat for Bettis Asphalt, located at 1454 E 2300 Road, Eudora, for six months, from April 1-October 1, 2019, with the following conditions:
1. Applicant will work with Eudora Township to keep E 2300 in a safe and serviceable condition for the traveling public as well as trucks hauling to and from the plant. As a minimum, the applicant will pay for road rock up to 1,500 tons toward this effort.
2. Dust control should be required continuously during hauling operations. Dust palliative should be applied the entire length of E 2300 Rd from the plant entrance to the asphalt apron on the north side of Route 442. The dust palliative treatment will need to be maintained and possibly re-applied during the 6-month life of the permit. This is for safety of the traveling public in addition to the livability of houses adjacent to the road.
3. Commercial truck traffic to and from the TBU site is limited to E 2300 south of the project to and from K- 10 at all times.
4. An entrance permit from Eudora Township will be required.
5. The asphalt surfaced portion of E 2300 Road from Route 442 to ~200' north is currently badly cracked. Heavy truck traffic will likely destroy this pavement. Applicant should be required to maintain and restore this short section of asphalt pavement. This is in the City of Eudora.
6. Honor all aspects of the provided development plan which includes: reclamation, SWPP controls KDOT plant requirements. A final site inspection of the reclamation must be approved by October 1, 2019.
7. Copies of the Stormwater Pollution Prevention permit and KDHE air permit be provided to Zoning and Codes prior to operation.
8. A copy of the General Liability & Property Insurance covering this site showing the County and Eudora Township as a party held harmless from claims.
9. Hours of operation will be dusk to dawn.
10. Security lighting shall be turned off when the plant is not in operation.
11. Enter into a road maintenance agreement executed between the applicant and Eudora Township to address road condition, continual maintenance and post project road improvements. Provide a copy of the agreement to Zoning and Codes.
12. Electrical permit required for temporary power.
13. Responsible for any traffic control signs deemed necessary by Eudora Township or DG Co. (e.g. trucks entering highway signs).
There were concerns by the Commission that the township road to the site would not be suitable by April 1 because of the recent bad weather conditions, and more rain has been forecasted.
Voigt suggested adding a condition that the roads need to be approved by the Township before the permit is approved.
Derusseau opened the item for public comment.
Tim Pringle, Douglas County resident, stated he owns the house north of the proposed site. He has concerns about noise, smell, lights, dust control, pollution, and a daycare in the area. Pringle said he heard Johnson County has approve another site in Johnson County for this project. He feels he shouldn’t be penalized for someone else making a profit.
Rich Eckert, attorney for Bettis Asphalt, said Bettis is in agreement with all of the conditions recommended. They plan to leave the site better then when they started with 100% of the land in vegetation. The landowner will receive rent and an improved entrance to his property. Eckert addressed Pringle’s concerns. Pringle is 1,000 feet from the site so the noise should be minimal. He also hears K-10 traffic. Light pollution will not be a problem. Eckert plans to minimize the dust by putting water on the roads daily. He is willing to contract with the City of Eudora for road restoration if needed. Spillage is not an issue as the asphalt product is not a liquid. There are no spills and no pollutants. Eckert said this is a KDOT project with multiple vendors and businesses involved and this is the best site for the project.
Thellman asked Eckert to address the nearby daycare.
Eckert said he is not aware of a daycare He has heard of no concerns other than Mr. Pringle.
Derusseau asked if the applicant planned to put a berm to the south to shade the business lighting. Eckert stated there is a tree line to the south which is better shade then a berm.
Thellman asked if the operation will run 24/7 during the project with the primary operation at night. Eckert responded the lights will be on 30 days out of the six months.
Thellman asked about the statement that Bettis is also looking at a site in Johnson County. Eckert responded Bettis is seeking a second site as a contingent option. They already have a permit, but not an agreement with the landowner. He hopes to have more information within a week.
Tim Reazin, Douglas County resident, stated his family owns property within the notification area. He offered his property as an alternative location. Eckert responded Bettis did look at that site, but it would have required a lot of trees to be bulldozed and the proposed location is easier to get into.
The Board discussed deferring a decision until Eckert hears back from the landowner of the site in Johnson County.
Derusseau said she has serious concerns about deferring a decision if the project is to start April 1. She wants to ensure E 2300 Road is in the best condition and deferring will not allow enough time for this to happen.
Thellman stated this is a difficult situation. We have a Douglas County family who lives within 1000 feet of what would be a temporary asphalt plant operated by an excellent company, but still detrimental to enjoyment of their property. Thellman said she would like to defer the item to see if Bettis can get the Johnson County parcel under contract within a reasonable amount of time. This is not the worst possible project Douglas County can move forward with. The improvement to K-10 is going to be important. However, she would like to see if there is an opportunity to move the project to Johnson County.
Eckert agreed to a one-week deferral and will notify the Commission if an agreement in reached on the Johnson County site.
Thellman moved to defer the item for one week and put it back on the March 27 agenda for consideration. Motion was seconded by Kelly and carried 3-0.
The Board considered CUP-18-00570, an amended Conditional Use Permit to reduce the amount of the performance/reclamation bond required for Big Springs Quarry, located at 2 N 1700 Road, Lecompton. The application was submitted by Mid-States Ventures LLC, for Mid-States Ventures LLC, Nancy J. Hughes, James R. Meek, Thomas R. Meek, and Bonnie M. Nichols, Trustee, property owners of record. Mary Miller, Lawrence Douglas-County Metropolitan Planning Staff, presented the item.
The Planning Commission considered the application for CUP-18-00570 at their January 23, 2019 meeting and voted to defer the item with direction to the applicant to obtain current bids for the reclamation work. The applicant provided the following bids:
Carlson Utility, LLC
Kings Construction Co. Inc.
Grading and Top Soil
Seeding and Mulch
(Brome or Fescue)
Total per acre
The County Engineer reviewed the bids and noted the following:
1) The bids were for reclamation to the minimum state standards. The approved reclamation plans for the Big Springs Quarry require seeding with a native grass/wildflower mix. He noted this mix costs approximately three times the cost of fescue seed, which is the seeding proposed in the reclamation bids. He estimated this could double the line item cost for seeding.
2) The bids do not account for inflation. He noted that if the current amount for reclamation is $3,000 an acre and we assume 3% annual inflation, the needed amount in 20 years would be $5,260 per acre.
The County Engineer indicated that, given that the provided bids are approximately $3,000 per acre and with the issues noted above, along with Mid-States Materials’ good track record he would be comfortable setting the bond amount at $5,000 per acre.
In staff’s opinion, while the Conditional Use Permit will expire in 30 years, using the 20 year inflation rate seems reasonable as there may be many unknowns increasing or decreasing costs in the future.
Staff recommends approval of a reduction of the performance bond amount noted in the Restrictions and Conditions of Use as follows: 10(b) and (c) in the Restrictions and Conditions of use from $40,000 per acre to $5,000 per acre based on the findings of fact in the staff report and memo, subject to the revised restrictions/conditions of use provided in the staff report. Motion was seconded by Kelly and carried 3-0.
Note: Below is the excerpt revised portion of the CUP-18-00570 Restrictions and Conditions as follows:
10(b)In addition to the bond required under paragraph (a) above, a performance bond in the amount of $50,000.00 ($400,000.00-revised) with sufficient sureties shall be secured for the first site excavated for extraction purposes in Phase I other than at the plant site and shall be filed with the Douglas County Clerk’s office prior to the commencing of any excavation (including the stripping of top soil) other than at the designated plant site. This bond shall be for an excavation area no larger than 10 acres open at one time and shall remain in place until certified by the Douglas County Commission that reclamation has been completed at the site for which it was obtained.
(c)For each additional 10 acre site excavated for extraction purposes in any phase of the quarry operations during the term of the CUP, a performance bond in the amount of $50,000.00 ($400,000.00-revised) with sufficient sureties for additional excavation for extraction purposes shall be secured and shall be filed with the Douglas County Clerk’s office prior to the commencing of any such additional excavation (including the stripping of top soil). These bonds shall each be for areas no larger than 10 acres open at one time per excavation and shall remain in place until certified by the Douglas County Commission that reclamation has been completed at each site.
Thellman moved to appoint Tamera Cash to the District 2nd Commissioner Appointed position on the Criminal Justice Coordinating Council for a two-year term to expire 01/31/2021. Motion was seconded by Derusseau and carried 3-0.
Thellman moved to appoint Amy Van de Reit to the Architect position on the Heritage Conservation Council for a partial three-year term to expire 05/31/2020. Motion was seconded by Kelly and carried 3-0.
GENERAL PUBLIC COMMENT 03-20-19
Paul Bahnmaier, 393 N 1900 Road, complimented the Douglas County Public Works Department on the great job they did maintaining the roads this past winter. He feels Douglas County roads were better maintained than other county roads he traveled on.
COMMITTEE REPORTS – None.
COMMISSIONERS AND/OR ADMINISTRATIVE MISCELLANEOUS 03-20-19
1) Sarah Plinsky, Interim County Administrator, said she has a tentative work session schedule for April and May. Also, staff plans to notify all Township Trustees to join a conversation on township road issues on April 10 at the Public Works Building; and Plinsky will be attending the Quarterly Economic Development Meeting on Friday, March 22, 9:00 a.m. at The Chamber.
Derusseau adjourned the meeting.
Michelle Derusseau, Chair Patrick Kelly, Vice-Chair
Jamie Shew, County Clerk Nancy Thellman, Member