Meeting Information
-Convene
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders; and
(b) Consider approval of finding related to the annexation of approximately 154.9 acres, located at the NW corner of N 1800 Road & E 900 Road. Submitted by Steven Schwada, agent for Stonewall Farms LLC; JDS Kansas LC; Pert LC; Penny J Tuckel; Axrom LLC; Venture Realty Corporation; Arco Sales Corporation; Venture Properties Inc; Industrial Square Corp; JDSS Limited Company; Radol LC; Tuckel Russell L JR; Northland Ventures LC; and Oread LC, property owners of record. Referred by City Commission on 2-12-08. Ordinance No. 8257 (PC Item 13; approved 6-2 on 3/26/08) (Sandra Day is the Planner)
REGULAR AGENDA
(2) Discussion of revision to outdoor warning siren policy (Teri Smith)
(3) Consider request to revise reclamation bond requirement for quarry located at Big Springs
(Bob Johnson)
(4) Consider adoption of a resolution of evaluation criteria for new roads (Linda Finger and Keith Browning)
(5) Other Business
(a) Consider approval of Accounts Payable (if necessary)
(b) Appointments
(c) Miscellaneous
(d) Public Comment
(6) Adjourn
Johnson called the meeting to order at 6:35 p.m. on Wednesday, May 21, 2008 with all members present.
CONSENT AGENDA 05-21-08
McElhaney moved approval of the following Consent Agenda:
► Commission order No. 08-044 (on file with the office of the Clerk);
► Resolution 08-18, a resolution of the Board of County Commissioners of Douglas County finding the annexation of specified property will not hinder or prevent the proper growth and development of the area or any other incorporated city within Douglas County, Kansas.
Noting that Resolution 08-18 reflects Jones is dissenting, the motion was seconded by Jones and carried unanimously.
PUBLIC WORKS 05-21-08.
The Board considered the approval of a resolution for road evaluation criteria for the creation of property owner initiated new roads, as tabled from the April 16, 2008 meeting. Keith Browning, Director of Public Works, was present for the discussion.
Browning stated the resolution provides criteria to evaluate petitions for new roads considered for approval. The petitioner will have to get approval from the township and county engineer prior to consideration by the County Commission.
Johnson stated it is his intent to have objective criteria that can be applied when a request is made to treat all requests equally. Then the Board will look at the economics of it. If it makes sense and is not a burden to the tax payers, then the Board should do it.
Johnson opened the item for public comment. No comment was received.
Jones moved to approve Home Rule Resolution 08-5-2. a Home Rule Resolution providing considerations when establishing or extending public roads based upon landowner-initiated requests and repealing resolution HR-07-12-6. Motion was seconded by McElhaney and carried unanimously.
EMERGENCY MANAGEMENT 05-21-08
Teri Smith, Director of Emergency Communications, presented proposed revisions to the Outdoor Warning Siren Policy. Under the current policy sirens are sounded after a warning is issued for Douglas County and there is some independent verification of the existence of a tornado. Under the proposed policy, the sirens would be sounded whenever a warning is issued by the Weather Service regardless of whether the tornado is verified.
Jones asked how often under the current warning policy the sirens are set off and what the increase will be. Smith stated the average number of siren soundings is twice per year. Under the new policy the average may increase to 5-7 times.
Johnson opened the item for public comment.
David Kymer, resident, stated he feels it is important to sound the siren if a warning is issued because it is difficult to detect tornad s at night. He is in favor of the new policy criteria.
Jones asked Smith if the proposed policy is the same 24-hours a day. Smith confirmed it will be the same day and night.
Donna McCarthy, resident, asked if there is a study in the community on what criteria the sirens are activated. Smith stated that Johnson County has very similar criteria; however, there is not a standard.
It was the consensus of the Board they agree with the revised policy, and for staff to bring the Outdoor Warning Siren Policy back to the Board on Consent Agenda for approval.
ZONING & CODES 05-21-08
The Board considered a request from Eric Bettis, representing Mid States Mining, to amend CUP-7-2-90, more specifically Condition VII-Performance Bond for Reclamation, to reduce the $400,000 bond filed for each 10 acres being quarried in each phase. A Personal Bond for $10,000 is also required. Currently, Mid States is quarrying in three phases and therefore is required to post a reclamation bond totaling $1,200,000 along with the $10,000 Personal Property Bond. The applicant is asking to reduce the current $40,000 per acre to $3,000. Keith Dabney, Director of Zoning and Codes, and Linda Finger, Planning Resource Coordinator, were present for the discussion. Dabney surveyed other counties throughout the state and found those with similar bond setups required $1,500 per affected acre.
Jones asked when the original CUP was dated and who the Commissioners were. Dabney stated the original CUP was dated 1990. Commissioners Hiebert, McElhaney and Amyx approved the quarry with a unanimous vote.
Eric Bettis, Mid States Materials, clarified the plant site has a $100,000 bond, and then there are three subsequent 10-acre tracts that each require a $400,000 bond. Currently there the bond total is for $1.2 million.
Jones asked how many of the three sections are actually open. Bettis stated only one section at a time can be open due to the setup of the CUP. The operator is confined to 30-acres at a time. He would like his bond level to be reduced from $40,000 per acres to $3,000 per acre to be more consistent with other quarry operators within the State of Kansas. He is not requesting any additional limits beyond the CUP.
Johnson asked what action would trigger the use of the bond. Bettis responded abandoning the site would trigger the policy. The Nichols family would rely on the bond. Jones asked if the Nichols family has money set aside to clean up the site. Bettis stated "no" they will rely on the bond.
Jones stated our problem is to make sure we are balancing the operator's interests with the interests of the neighbors and the tax payers. If we are to do anything we need to make sure cleanup is based on realistic reclamation costs. Rather than coming down to the lowest common denominator, we need to find if there is adequate money in the bond to do the reclamation required by law. Jones asked what the annual premium is on a $1.2 million bond. Bettis answered $40,000 plus. Bettis stated when reclaiming the property he plans to abide by the wishes of the property owner who prefers more lakes and water, which may not be preferred by the neighbors.
Craig Weinaug, County Administrator, asked if there are limitations placed by the CUP as to how the property is reclaimed. Finger stated the land must be reclaimed according to the reclamation plan that is part of the CUP unless the County Commission amends the plan. Jones asked if the reclamation numbers prepared by Phil Struble reflected the CUP plan. Finger stated he used the plan submitted by the applicant for the CUP.
Johnson opened the item for public comment.
Patty O'Connor, resident, stated she prefers the bond be kept at the current amount to assure proper reclamation. She is concerned that the land will not be restored to its original state without the current bond limit.
David Buffo, Attorney for Long Oak LLC, stated the hard cost of the bond is $40,000, not $1.2 million. He d sn't feel enough information has been presented to decide a correct number and the $3,000 reduction is premature. He stated the amended CUP is specific in regards to the land being reclaimed to a state similar to the existing state or better. Buffo stated there are other issues Lone Oak would like to discuss in reference to the CUP.
McElhaney stated other CUP issues need to go through the proper channels of the Zoning Department. Johnson added that anyone has the right to make a complaint, however, the complaint needs to be registered with Keith Dabney, Director of Zoning and Codes. Then, if the issue cannot be resolved it may come to the Commission for review.
Bart Christian, owner of Lone Oak L.C., stated maybe $40,000 is too high, but he feels $3,000 is too low. He has three violations he would like to bring up: 1) pollution on his property; 2) vehicles leaving the site not covered, and 3) the trees planted are dead. He presented photos to the Commissioners showing trucks leaving the quarry site uncovered. Johnson stated the photographs will be given to Keith Dabney for review.
McElhaney stated we need more education to make a decision. He feels it is not fair for one quarry to be required to pay a higher price for a bond than others unless it can be justified.
Jones stated he agrees. He asked Bettis when he took the CUP, if he carefully reviewed the reclamation plan. Bettis replied, "yes." Jones then asked if he could assume that Bettis is willing to comply with the reclamation plan within the CUP. Bettis replied, "yes." Jones stated that it seems like a simple solution to get an honest third party broker to get a reclamation cost.
The Board instructed Keith Dabney to work with Eric Bettis and the neighbors regarding the CUP issues, and for Mr. Bettis to get a mock bid from a Douglas County contractor for the cost to reclaim the open 30-acre site he is presently mining to determine the correct bond amount. The item was tabled for further discussion.
Jones moved to adjourn the meeting; Johnson seconded and the motion carried.
___________________________ ____________________________
Bob Johnson, Chairman Jere McElhaney, Vice Chair
ATTEST:
_____________________________ ____________________________
Jamie Shew, County Clerk Charles Jones, Member
Time and Date