Meeting Information
-Convene
-The Pledge of Allegiance
-Executive Session for the purpose of consultation with County Counselor on matters, which would be deemed, privileged under the attorney-client relationship. The justification is to maintain attorney client privilege on a matter involving Douglas County (Backup to be provided on Monday)
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders; and
(b) Consider approval of CUP-12-09-06 Conditional Use Permit for Big Springs Quarry, located at 2 North 1700 Road, Lecompton, Kansas.
REGULAR AGENDA
(2) Consider approval of 2007 Mileage Reimbursement Rate (Pam Madl)
(3) Directions to County Administrator on changes to recommended County Budget for 2008 (if not completed on July 10)
(4) Other Business
(a) Consider approval of Accounts Payable (if necessary)
(b) Appointments
(c) Miscellaneous
(d) Public Comment
(5) Adjourn
Johnson called the meeting to order at 8:32 a.m. on Monday, July 16, 2007 with all members present.
At 8:32 a.m., Johnson made a motion that the Board recess to go into Executive Session for 20 minutes, until 8:52 a.m. with Craig Weinaug, County Administrator; Pam Madl, Assistant County Administrator; Evan Ice, County Counselor; and Shannon Ourey, Assistant County Counselor, to discuss a legal matter involving Douglas County. Motion was seconded by Jones and carried unanimously.
The Board returned to regular session at 8:50 a.m. No action was taken.
CONSENT AGENDA 07-16-07
McElhaney moved approval of the following Consent Agenda:
► Commissioners Order No. 07-144 (on file in the office of the County Clerk).
The motion was seconded by Jones and carried unanimously.
Item pulled from Consent Agenda:
PLANNING 07-16-07
The Board considered approval of CUP-12-09-06: Conditional Use Permit for Big Springs Quarry, located at 2 North 1700 Road, Lecompton, Kansas. This item was deferred on July 11, 2007. McElhaney made a motion to approve CUP-12-09-06 and authorize the execution of the following:
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
DOUGLAS COUNTY, KANSAS
APPROVAL OF TRANSFER OF CUP-7-2-90 (No. 3500) & CUP-6-6-92 (No. 3853)
(CONDITIONAL USE PERMIT FOR OPERATION OF QUARRY)
WITH CONDITIONS OF APPROVAL
RECITALS
A. Pursuant to Conditional Use Permit-7-2-90 (No. 3500), as amended by Conditional Use Permit-6-6-92 (No. 3853) (collectively the "CUP"), the Board of Douglas County Commissioners (the "Board") authorized Martin Marietta Aggregates ("Martin Marietta") to operate a quarry in western Douglas County, Kansas through December 19, 2020 (the "Quarry"), all pursuant to and governed by the Restrictions of Use and Conditions of Approval imposed in connection with the Board's granting of the CUP. A true and correct copy of the Conditions of Approval and Restrictions of Use is attached hereto as Exhibit A and incorporated herein by reference.
B. Martin Marietta desires to sell its interest in the Quarry, including some or all of its underlying real and personal property interests to Mid-States Materials, LLC ("Mid-States") and Mid-States desires to continue operating the Quarry in accordance with the CUP.
C. Section XIV of the CUP provides as follows:
Because the developer's track record is an important consideration, a change in the quarry operator shall require the Conditional Use Permit to come back to the Planning Commission for review and to the County Commission for reapproval.
D. In connection with its proposed sale of the Quarry and associated assets to Mid-States, and pursuant to Section XIV of the CUP, Martin Marietta and Mid-States have requested the Lawrence-Douglas County Planning Commission to review and the Board to approve the transfer of the CUP.
E. On January 22, 2007, the Lawrence-Douglas County Planning Commission reviewed and, on an 8-0 vote, recommended approval of the request to approve transfer of the CUP, based upon the findings of fact presented in the body of the staff report and subject to the previously approved restrictions of use.
F. The Board has received a report from the Lawrence-Douglas County Planning Staff dated January 22, 2007 related to the CUP and adopts the factual findings in those documents.
NOW, THEREFORE, the Board of County Commissioners of the County of Douglas, Kansas, meeting in regular session this 16th day of July, 2007 d s hereby approve and consent to the transfer of the CUP from Martin Marietta to Mid-States, subject to the following conditions:
CONDITIONS OF APPROVAL
1. Upon completion of quarry operations of Phase 2, Mid-States shall return the topsoil that is currently located on the approximately 1/4 mile boundary between Phase 1A and Phase 2, and, after the topsoil is returned, reconstruct a 5-strand barb-wire fence along the line of the former interior fence between Phase 1A and Phase 2. Upon completion of quarry operations of Phase 5, Mid-States shall reconstruct a 5-strand barb-wire fence along the approximately 1/2 mile line of the former interior fence between Phase 1 and Phase 5. All of the foregoing fencing shall be in accordance with the requirements of the CUP.
2. Mid-States shall be responsible for reclamation of all quarried land. Prior to commencing quarry operations, Mid-States shall file one or more performance bonds, to ensure reclamation of the Quarry in accordance with the CUP, with the Douglas County Clerk in the initial amount totaling $1,300,000, and keep the performance bond in effect for the remaining life of the CUP, in such amounts and with such sureties as required by Section VII of the CUP Restrictions of Use. Only upon Mid-States' filing of such performance bonds, will Douglas County release the current performance bonds on file.
3. If Mid-States desires to excavate deeper than elevation 1042 in any Phase, Mid-States must cause a hydrologic study to be completed in accordance with Section IX of the CUP Restrictions of Use, prior to such excavation.
4. The landscaping provisions contained in Section XXI of the CUP Restrictions of Use is varied such that neither Martin Marietta nor Mid-States has an obligation to replant previously planted landscaping which subsequently died, provided, however, that the following landscaping shall be planted:
Area I (South side of Phase I)
On berm on north side of County Road 442 from entry gate to E50:
6 sets of 4 Austrian Pines and 3 Hackberry, total of 42 trees
Area II (Southeast corner of Phase I & Northwest corner of Phase III)
Add to both sides of E50 entry:
4 sets of 3 Austrian Pines and 2 Hackberry, total of 20 trees
Area III (East side of Phase I)
West side of E50 South of haul road crossing, 500 ft. offset from crossing:
4 sets of 3 Austrian Pines and 2 Hackberry, total of 20 trees
Area IV (East side of Phase V)
West side of E50 North of haul road crossing, 500 ft. offset from crossing:
5 sets of 3 Austrian Pines and 2 Hackberry, total of 25 trees
Area V (Northeast corner of Phase III)
Short section on South side West of E100 Rd, approximately 450':
3 sets of 3 Austrian Pines and 2 Hackberry, total of 15 trees
Area VI (East side of Phase II)
West side of E100 Rd. after berm is removed, North approximately 1300':
4 sets of 3 Austrian Pines and 2 Hackberry, total of 20 trees
Area VII (Northwest corner of Phase IV)
East side of E100 Rd.:
3 sets of 3 Austrian Pines and 2 Hackberry, total of 15 trees.
The foregoing landscaping shall be planted to incorporate existing trees and, with the exception of the landscaping outlined in Area VI, all landscaping shall be planted on or before December 31, 2007. The landscaping outlined in Area VI shall be planted as soon as practicable, but no later than December 31 of the year in which the berm is removed.
In addition, an agreement shall be obtained with a professional landscaping company for maintenance, including irrigation, of the landscaping for a term of 12 months following planting, and the Zoning & Codes Department shall be provided a copy of such agreement on or before December 31, 2007.
In the event that the landscaping identified above is not planted or evidence of the 12-month maintenance agreement is not supplied on or before the dates specified, Mid-States shall be in material non-compliance with the CUP Restrictions of Use and, upon written notice from the Zoning & Codes Department, shall immediately cease all quarrying and sale activities at the Quarry until such non-compliance is remedied to the satisfaction of the Zoning & Codes Department.
5. Mid-States shall submit its first reclamation report and plan of quarrying operation to the Planning Office and Douglas County Public Works Director by July 31, 2010, to comply with the requirement of Section VIII of the CUP Restriction of Use. The Planning Office will review and make recommendations and submit a report to the County Commission for approval. Every five (5) years thereafter, Mid-States will submit the detailed report required by Section VIII.
6. This Approval to Transfer CUP is supplemental to, and shall become a part of, the CUP. Mid-States and its operation of the Quarry shall be subject to the above requirements and all of the previously approved Conditions of Approval and Restrictions of Use, the same as if the CUP was originally granted to Mid-States, and Mid-States shall sign below to confirm its agreement and understanding of these requirements. Section XIV of the CUP shall continue to apply in the event Mid-States subsequently desires to transfer ownership or operational authority of the Quarry to another person or entity, and references in this Approval to Transfer CUP to Martin Marietta or Mid-States shall apply to the new Quarry owner or operator, as the context requires. This Approval to Transfer CUP shall not prevent the Board or the County Zoning & Codes Department from taking enforcement action in the event that it is later determined that the Quarry is not in compliance with the CUP Restrictions of Use and Conditions of Approval, as amended.
This Approval to Transfer CUP is authorized and approved by the Board on this 16th day of July, 2007.
________________________________________
Bob Johnson, Chair
________________________________________
Jere McElhaney, Member
______________________________________
Charles Jones, Member
Mid-States Materials, LLC has reviewed the CUP and its Restrictions of Use and Conditions of Approval, together with the foregoing Approval to Transfer CUP and Conditions of Approval, and agrees to operate the Quarry in accordance with all conditions and restrictions imposed.
Mid-States Materials, LLC
By: ___________________
Its: ___________________
Title: ___________________
Date: ___________________
Motion was seconded by Johnson and carried 2-1 with Jones in opposition.
RESOLUTIONS 07-16-07
The Board considered approval of Resolution No. 07- 28 concerning reimbursement of County employees for the use of their personal motor vehicles for County business. Pam Madl, Assistant County Administrator, explained that the State of Kansas has increased their mileage reimbursement rate to $0.47 and suggested that Douglas County change the current reimbursement rate from $0.445 to $0.47 retroactive to July 1, 2007. McElhaney moved approval of Resolution No. 07-28; Johnson seconded and the motion carried unanimously.
BUDGET 07-16-07
The Board discussed the 2008 Budget. No action was taken.
ACCOUNTS PAYABLE 07-16-07
Jones moved approval of accounts payable in the amount of $415,237.09 and accounts payable manual checks in the amount of $67,500. Motion was seconded by McElhaney and carried unanimously.
McElhaney moved to adjourn; Johnson seconded and the motion carried.
_____________________________ ________________________
Bob Johnson, Chairman Jere McElhaney, Vice Chair
ATTEST:
_____________________________ _________________________
Jamie Shew, County Clerk Charles Jones, Member
Time and Date