Date:                  August 14, 2006

                                                                                    Time:                   6:30 to 7:30 pm

                                                                                Location:               Commission Chambers, City Hall

 

Attendance:

Thirty (30) community residents, representatives from the Public Advisory Committee, City Staff, and Consultant Team were in attendance at the fourth public open house held August 14, 2006 at City Hall from 6:30 p.m. to 7:30 p.m. 

 

Welcome:

§         Dave Corliss (Interim City Manager) opened the meeting stating that after an extensive review of possible locations, city staff and consultants are recommending the acquisition of approximately 530 acres of land bounded on the north and east by the Wakarusa River and Coal Creek, on the west by East 1600 Road, and a southern border located between North 1175 and North 1100 Roads.  After this public meeting, the City Commission will receive a report on the public’s comments and concerns related to the recommended site as well as a status report on possible contracts for purchase.  As land acquisition is underway, parallel work is being done to identify the collection system corridor to connect to the existing wastewater system. The next project phases will include facility design and construction.

 

§         Dave Corliss introduced Mayor Mike Amyx who discussed the importance of this project to the future of Lawrence.

 

Project Objective and Introductions:

§         Mike Orth (Black & Veatch) reviewed the meeting agenda, introduced the project team, and gave an overview of the Wakarusa Water Reclamation Facility study process.

 

Vision

Orth explained that the City Commission initiated the study to evaluate and determine the optimum location to construct a new water reclamation facility along the Wakarusa River, south of Lawrence, to meet current and future wastewater treatment needs in accordance with the 2003 Lawrence Wastewater Master Plan.  The study focused on the short-term needs of the City but also envisioned the build-out of the watersheds south of the Wakarusa River.  This long-range planning led to the determination to acquire sufficient property to allow the City to eventually construct up to 50 million gallons per day (mgd) of treatment capacity at a selected site, which requires a minimum of 300 acres.


 

 

Sites and Criteria Considered

o        Orth said that seven sites were investigated for the new facility.  These sites were identified as viable due to their topography, usability, ability to receive gravity flow, and capability to connect with utilities such as water, power, natural gas, as well as necessary transportation routes.

 

o        Orth explained that leaders representing varied interests within the Lawrence community were invited to form the Public Advisory Committee (PAC), whose purpose was to aid in the determination of the priorities for the new facility location.  Through a series of PAC workshops, and confirmed through various meetings of the general public, site selection criteria were developed for use in site selection including:

               Odor control

               Stream impacts

               Fit with future land use

               Maximizes use of existing infrastructure

               Service area by gravity

 

Cost Benefit Analysis of Alternatives

o        Orth explained that each of the sites and process footprint alternative combinations was ranked by the PAC/City staff according to the criteria.  In addition, 20-year present worth costs were developed for each combination.  The comparison considered construction and operation and maintenance (O&M) costs as well as the ability of a given site to meet the criteria developed by the PAC and City staff.   The purple and white sites emerged as the highest ranking locations for further investigation, providing the highest value for the lowest cost. 

 

On-Site Investigations

o        Orth explained that the on-site investigations did not identify any “fatal flaws” on either of the two highest ranking site alternatives.  The appraisals determined that nominally 500 acres could be purchased at the white location for less than the purchase of slightly over 300 acres at the purple location.  On-site investigations indicated the following for the two highest ranking sites:


 

 

Investigation

White Site Findings

Purple Site Findings

Phase I Environmental

No significant findings

Phase II Cultural Resources

No archeological or architectural finds deemed eligible for National Register of Historic Places (NRHP)

Wetlands

Facility footprint can accommodate small wetlands located in SE of site

None in proposed facility footprint

Threatened and Endangered Species

None identified.

Wildlife – Conditions in small area on each site potential habitat for Redbelly Snake.

Plants – Nothing significant, previously cultivated

Geotechnical

Not a differentiator – highly similar soil

Appraisal

Lower total land cost

Greater total land cost

 

 

Discussion of Top Two Alternatives

o        Orth said that aside from the increased cost in land acquisition, the purple site is not the optimal location due to several physical site characteristics that reduce its flexibility and usability, leading to less optimal design possibilities, higher project costs, as well as potential schedule implications.  Another significant factor is the proximity of existing development to the northeast in the direction of prevailing winds that may carry any odors from the facility directly over a greater population density than the white site.

 

o        Orth said that the white site best fulfills a combination of the noted criteria, as well as other factors identified by staff, the PAC, and the public.  It is bordered on the north and east by floodway, a natural barrier from future development.  As a result, the location of a water reclamation facility within the white site provides a good fit with current land use and future land use projections of vacant/farming activities due to its floodplain location. In addition, fewer neighbors are currently located in close-proximity to the potential facility than in other areas considered and no residents require relocation from their homes.  The white site is also well-positioned between critical facilities, such as Four Seasons Pump Station and the existing Kansas River Wastewater Treatment Plant, allowing the use of existing infrastructure to be maximized.

 

Optimal Site Recommended

o        Orth explained that the white site has a number of attributes which make it the most desirable location upon which to construct the currently proposed facility and expansions.  Using a map of the optimal site, Orth described its proposed layout.  He explained its factors and features and advised why it was selected.  He noted its:

         Relative isolation from existing and future development.

         Impact on fewer property owners during acquisition and no residences to acquire.

         Favorable location with respect to odors potentially carried by prevailing winds.

         Lack of restrictions provide increased flexibility to accommodate varied process footprints.

         Central location with regard to existing infrastructure.

         Neutral location to the South Lawrence Trafficway.

o        He also explained that Kansas Department of Health and Environment’s siting criteria required the City to locate a potential odor generation point no closer than 1000 feet to an existing home, but the City does not need to own that property.

 

Open House & Next Steps:

§         Orth explained that the remainder of the meeting would be an open house organized into three discussion areas or stations:  odor concerns, location issues, and Wakarusa River issues.  He said that questions, comments, and issues presented would be shared with the City Commission.

§         Debbie Van Saun (Assistant City Manager) offered those interested in a tour of the existing plant should contact Dave Wagner (Assistant Director, Wastewater).

 

Open House Results:

Questions and comments collected during the meeting and the responses provided to them are outlined below and organized according to issue.  Italicized text indicates a summary of the response provided to the question offered by the public.

 

Site Criteria

o        One resident questioned why the purple site was deducted due to issues relating to “gateway to the city” while the white site was not deducted for this reason when it is potentially adjacent to the SLT which would have more traffic.

         The individual was told to reference the full report on the website, which provides the following information about the revision of criteria scores based on the proximity of the potential 42nd Street Alignment to the new facility:


The table below shows the criteria rankings which changed as a result of consideration of the SLT alignment, designated “White-2”.

 

Criteria

White

White-2

Comments

Aesthetics

4

3

The SLT is a bypass around the City and does not have the same gateway issues as Hwy 458.  However, the SLT located at the 42nd Alignment will still bring traffic closer to the WRF than previously considered, potentially requiring greater aesthetic compensation.

 

Traffic Considerations

2

4

Without consideration of the SLT, the White Site is fairly isolated from a transportation standpoint.  The location of the SLT near the WRF would actually improve transportation logistics, so this criteria ranking was increased.

 

Usability/Shape

5

3

Clearly, the presence of the SLT would reduce some of the layout flexibility of the White Site, but not to the same degree that the Purple Site is impacted by Hwy 458.

 

The reason the potential SLT alignment does not have a significant impact upon the benefit score of the white site is because it does not alter the categories which had the most significant weight contributions to the decision, such as stream impacts, odor control, and fit with land use.

 

Proximity of Optimal Site to Nearby Homes

o        An adjacent property owner is concerned that the site will continue to move closer to their property/house.

         It was explained to the resident that the facility footprint shown is for the ultimate build-out (50 mgd) of the site and Kansas Department of Health and Environment requires a 1000-foot buffer around the facility from existing homes.  In addition, the City is acquiring additional property that will serve as additional buffer for the facilities.  The ultimate use of that buffer area has not been determined yet.

 

o        Where is the closest house in relation to the proposed facility?

         The closest houses to the proposed facility footprint are just over 1000 feet northwest from the proposed footprint, north of the Wakarusa River.

 

Uses for the Buffer Portion of the Site

o        Several questions on what would be done with the unused portion of the property were received.  A hike and bike trail was a popular suggestion.  Also suggested was building a lake as a means of floodplain mitigation for raising the site.

         Residents were told that the next phase of the project would involve looking at possible community benefits that could be incorporated into the site.  Representatives of the PAC will continue to the follow the project and will provide a community voice on this topic.  It was also acknowledged that additional uses for the surrounding area would need to be a community decision as it would add cost to the project and require collaboration with other City and community organizations, such as the City Parks and Recreation Department.

 

Access

o        Near resident concerned about the removal of access restrictions on 1175 Road due to the fact that people (mainly kids) will mill around late at night.  Resident would like west access to remain blocked.

·         The design team will consider controlled access to the site.

 

o        Near residents were also concerned about access to site during construction and normal operation.  What will be future access from N. 1100 Road?  Will this serve as the primary access to the facility?

         Residents were told that it is possible that N 1100 Rd will be utilized as the primary east/west traffic route to E 1600 (O’Connell) to provide access to the site.

 

Annexation

o        Is the City planning to annex property beyond that included in the 530 acre proposed site?  Are you planning to access property from Haskell Avenue east and south to Highway 458?

The City does not intend to immediately annex any additional property beyond the plant site.  At some time in the future, the entire Urban Growth Area may be annexed into the City as dictated by development trends.

 

Flooding and the Floodplain

o        Residents expressed concern about Coal Creek and the Wakarusa River flooding.  Where will the water go if the facility is built?  If the facility is built and elevated, where will flooding occur?  Will the additional 50 mgd discharge from the ultimate facility back-up the Wakarusa River as well as Coal Creek?

         Residents were told that the City would comply with its own stormwater control regulations.  Any facility constructed by the City will not be allowed to create additional flooding.  However, the Wakarusa Water Reclamation Facility will not correct any existing flooding of low ground.

         With regard to the floodplain, FEMA regulations allow construction in the floodplain as long as the 100-year flood water level is not increased by more than one foot.

         City regulations are stricter and do not allow any rise in the floodplain for future development.

         Possible examples of mitigation include land purchased off-site and not developed, improved flow characteristics, excavate adjacent area, replace lost area in floodplain, and channel improvements to the river.  The specific mitigation plan has not yet been determined as design is not far enough along to know the exact point of discharge or definite site impacts.  It is likely that mitigation on the site will occur as the facility expands rather completing all the mitigation initially due to cost considerations.  However, additional study is required to verify this approach.

         The existing Kansas River WWTP is an example of using site fill to protect infrastructure from flooding.

         Historical flows (post Clinton releases) show median flow at 17 mgd. (Median flow = half flow values higher, half flow values lower).  Mean flow is 170 mgd (Mean flow = average flow, can be skewed by large rain events).

 

o        Residents were curious what would be their “guarantee” that the project would not cause a rise on the Wakarusa River

         The Corps of Engineers will review the hydraulic model in the permitting process.

 

o        Residents were similarly concerned about building in the floodplain – both for potential impacts on the facility as well as existing property in the area.

         The facility will be built within the floodplain, but not the floodway.

         This location is similar to that of the 8th Street facility location within the floodplain.  Also similar to the 8th Street facility, the new Wakarusa Water Reclamation Facility (WWRF) will be protected to nearly the 500-year flood level.

 

o        Why is the City able to get a permit to build in the floodplain when I was not able to get a permit to build on my personal property?

         The same construction regulations with floodways and floodplains exist for the City as for any citizen.

 

o        Where will site fill come from?

         Where possible, on-site suitable material excavated for floodplain mitigation, will be used. We will be constructing facilities and roadways on the fill material, so strict engineering properties and quality assurance/quality control will be required.  If the quality or quantity of material can not be found at the site, suitable fill material will be brought in from a borrow area.

 

o        Residents questioned if water levels following rain events were really understood. 

They mentioned that sometimes a detour around flooded areas is required and that, at times, the water has been high enough to cover a large John Deere tractor.

·         The proposed site elevation is below the 100-year flood event and the site will need to be elevated to protect the facilities from flooding.

 

o        An area resident stated that a 7” rain event causes flooding in these fields.   Area has flooded many years, wiping out crops.

·         The Wakarusa Water Reclamation site is in the 100-year floodplain and is prone to flooding.

 

o       The Wakarusa River has a mud bottom, so it will cut its own trail and flood.

·         The proposed discharges from the Wakarusa Water Reclamation Facility are less than historical flows on the river.

 

o        I am concerned about the flooding.  Without an impact study, you have no idea how it is going to affect farmland or our animals (wild and tamed).  Personally, I don’t think you care.  All you want is to control!

·         The Corps of Engineers and the City stormwater regulations will require hydraulic modeling of the site and its discharges to evaluate the implications on the river and its water surface.  The Kansas Department of Health and Environment will also dictate the effluent quality of the new facility.

Sewer

o        A near resident wondered if she would be assessed for sewer lines on her property. Several other residents expressed concerns about the routing of the sewer lines and the proximity of the new lines to their homes.

         We are in the process of beginning a study to determine the most appropriate corridor for the sewer lines to connect the new facility with existing and new sewer infrastructure, so specific routings have not yet been determined.  Where possible, routings will be along the right-of-ways of roadways to avoid any impact on personal property.  However, in some cases, sewer lines may need to be routed on personal property.  In these cases, the City will have to purchase a right-of-way from the property owner on which to locate the sewer infrastructure.  The property owner would still be able to use the right-of-way portion of the property, but would need to allow access by City personnel for the construction and maintenance of the pipeline.  There may be restrictions of use included with the easement that will be negotiated with the property owner.

         Currently, the sewer corridor study is expected to run through early 2007.  Public meetings will be held to update the public, obtain input, and apprise them of the status of the work as it progresses.

         Existing property owners will not be assessed for the sewer construction.  The cost of this construction has been included in the planned rate structure for the city wastewater customers.  If future development wants to provide access to City sewers, developers will be assessed a fee to connect to the city sewers.

 

Effluent

o        One resident commented that at one time the Wakarusa River had tighter effluent limitations than the Kansas River which prevented a facility from being built there for some time.  The resident mentioned that the plant was being put where it was since the Wakarusa standards had since been relaxed.

         It was explained to the resident that it was true that the Wakarusa River effluent limits at one time were stricter than those for the Kansas River. However, the regulatory change that caused the two rivers to be equal as far as discharge requirements are concerned actually brought the Kansas River effluent limits to the stricter limits previously applied on the Wakarusa River.  Water quality standards on the Wakarusa River have stayed the same, while those on the Kansas River have actually become more stringent.

 

o        What will be the quality of the effluent water from the new WWRF?

         Kansas Department of Health and Environment sets permit limits so the additional discharge will not have a negative impact on the quality of the river and associated flora and fauna. Often, Kansas Department of Health and Environment requires that the effluent water quality be higher than the existing stream quality.

         Effluent standards will likely be 8 mg/L nitrogen and 1.5 mg/L phosphorus.  The permit will also likely include limits on pH, suspended solids, biological oxygen demand (BOD), and chlorine.  Kansas Department of Health and Environment will conduct an Anti-degradation Study of the Wakarusa and provide a report to the setting establishing the water quality limits.

 

Sludge, Biosolids, and Disposal

o        Attendees wanted to understand the sludge, or biosolids, disposal options.

         The disposal options include conveying to the City’s existing wastewater treatment plant for processing or to treat it at the Wakarusa site.  A final determination has not been made yet.

         The City currently generates a Class B biosolid, which is suitable for land application.  The current disposal program utilized by the City allows for the beneficial reuse of the biosolids over a relatively wide geographic area and has, in the past, applied materials even in other counties. The current demand for the material exceeds our ability to supply the biosolids.  As chemical fertilizers use fossil fuel as a raw material, the value of organic products, such as biosolids, may likely increase.

         The City may elect to maintain the buffer area as leased farm ground and apply a portion of the biosolids at agronomical rates to fertilize the planted crops surrounding the new Wakarusa facility.  The City complies with the Environmental Protection Agency’s (EPA) land application program, which is heavily regulated to protect public health.

 

o        Is the County in agreement with the plans for the new Wakarusa Water Reclamation Facility, including biosolids disposal options?

         The County Commissioners are aware of the proposed site. The use of the buffer area has not been determined yet, so it’s premature to discuss land uses with County representatives.

 

o       What happens when biosolids get wet?  Will they impact my well?

         The application of biosolids to agricultural land is heavily regulated by the Environmental Protection Agency (EPA). The City of Lawrence must comply with EPA’s monitoring and reporting requirements to protect the public health.

 

Wetlands

o        A resident wondered if there would be any impact on existing wetlands by the facility.

         The resident was told that while three small (largest is less than 2.5 acres) wetlands areas were found on the 530-acre site during the course of on-site investigations, none of the areas would be disturbed by the facility footprint.  The proposed facility location was actually shifted northwest from the original location to avoid any impact on the discovered wetlands.

 

Fishing/Wildlife

o        Will fishing be allowed in the Wakarusa after the facility is built?

         The Kansas Department of Health and Environment will complete an Anti-degradation study with the aim of setting permit limits to prevent harm to the stream, plants, and aquatic species.  The City will meet these standards.  Fishing will not be restricted due to the plant location.

.

o        A question arose about what would happen to beavers that live on the river.

·         Regardless of the plant location, it is important to maintain a flowing channel in the Wakarusa River to prevent upstream flooding.

 

Costs

o        An adjacent property owner asked for the cost difference for odor control between the purple and white sites.

·         We have estimated $1 million dollars of additional cost will be required at the purple site than the white site.  Refer to Table 3 of the Wakarusa Water Reclamation Facility Report found on the City’s website.

 

o        An area resident asked for the charge, repair, and answer lifecycle costs for the white and purple sites. 

·         We have estimated that the small purple site will cost approximately $24 million dollars more to operate and maintain than the medium white site.  Refer to Table 3 of the Wakarusa Water Reclamation Facility Report found on the City’s website.

 

Odors

o        An adjacent property owner asked if a city survey had been conducted of the local population regarding plant odors at the existing facility.

·         No specific survey has been completed.  The best indicator would be the number of odor complaints received for the Kansas River Facility.  The existing plant receives minimal odor complaints each year.

 

o        What distance can odor travel? Is it site specific?

·         There is no straight-forward answer to this question.  The distance that odor can travel is dependant upon surrounding conditions as well as site characteristics, such as wind speed and direction, temperature, and site topography.  The best way to estimate odor impacts of the new facility is to use the existing plant as a reference point.  Travel the distance and direction from the existing plant that you are interested in and observe odors.  Do this on a variety of days under varied weather conditions to get an idea of the odor conditions at that location.

 

o        A resident stated that existing neighbors of the existing plant complain now of odor.

·         The City is committed to being a good neighbor.  They are considering the purchase of additional buffer area to control odors, as well as process and ventilation enhancements to address concerns.

 

Site Size and Location

o        Residents asked general questions regarding how big the site would be and in what direction might it expand in the future?

·         The initial phase of the facility will treat a capacity of 7 mgd and occupy roughly 20 acres.

·         The ultimate phase of the facility will treat a capacity of 50 mgd and occupy roughly 60 acres.  The initial phase of the construction requires more area per mgd capacity treated due to the need for shared infrastructure to be built in the beginning.

·         Additional site planning work is required to address how the site will be developed.

 

o        An adjacent property owner stated that all things considered, due to density and other factors it appears to be a good choice.

·         Given the stakeholders concerns, the proposed site best addresses the issues.

 

Property Values

o        How are property values determined by appraisers?

·         The Douglas County appraiser is responsible for developing property appraisals.

 

o        How is this going to affect our property value?

·         If potential buyers believe that the water reclamation facility will emit odors, be noisy, create flooding concerns, and pollute the river, they will be less likely to buy property in proximity to the facility. On the other hand, if the facility is not built, there will be no new development in Lawrence as the existing plant can only accommodate a population basis of 100,000. There is no question that the availability of a public sewer system has the potential to maintain or even increase property values. (Response from FAQ 12/07/05 Update)

 

General Comments:

 

o        Historic sites in the area that are not on the books include the Santa Fe Trails and former African-American settlements.

·         The City has conducted a Phase I and II Cultural Resources Survey of the proposed site.  Refer to the City’s website for the reports, which are found in Part 2 of the report.

 

o        What type of soil is found on the recommended site?

         This site has basically the same soil composition common within Lawrence and the surrounding areas – fat clays.

 

o        When will the construction start?

         Based upon the current schedule, construction will likely start in early 2009 and the facility will be operational in 2011.

 

o        Will a tax increase be required to fund this project?

·         Existing property owners will not be assessed for the facility or sewer construction through a tax increase.  The cost of the construction has been included in the planned rate structure for the city wastewater customers. 

 

o        Do the Environmental Protection Agency (EPA) regulations specifically cover wastewater facilities?

         Yes, Kansas Department of Health and Environment has the enforcement authority for the regulations on behalf of the EPA.

 

o        How will you bring flows across the river?

·         Kansas Department of Health and Environment has already indicated that consideration should be given to tunneling any crossing of the Wakarusa River.

 

o        An adjacent property owner agreed that for the City, the site is a good location, but wished that it was not adjacent to their home.

·         The siting study attempted to consider many factors in selecting the optimum location for the facilities.