1 00:00:09,000 --> 00:00:12,000 >> like to call tonight meeting 2 00:00:12,100 --> 00:00:13,100 to order. 3 00:00:13,100 --> 00:00:14,100 please join me in the pledge of 4 00:00:14,100 --> 00:00:16,100 allegiance. 5 00:00:18,100 --> 00:00:19,100 >> I pledge allegiance to the 6 00:00:19,100 --> 00:00:21,100 all. 7 00:00:37,000 --> 00:00:39,100 >> I'll take a moment to 8 00:00:39,100 --> 00:00:41,100 acknowledge we have a quorum 9 00:00:41,100 --> 00:00:43,100 present with seven of nine 10 00:00:43,100 --> 00:00:45,100 commissioners in attendance. 11 00:00:45,100 --> 00:00:46,100 I think the other two will 12 00:00:46,100 --> 00:00:48,100 still be here before we get too 13 00:00:48,100 --> 00:00:49,100 far into the agenda. 14 00:00:49,100 --> 00:00:51,100 want to thank everyone for 15 00:00:51,100 --> 00:00:53,100 attending the meeting as well 16 00:00:53,100 --> 00:00:55,100 as those watching online. 17 00:00:55,100 --> 00:00:56,100 planning commission meetings 18 00:00:56,100 --> 00:00:57,100 are a important part of the 19 00:00:57,100 --> 00:00:59,100 process for interpreting, and 20 00:00:59,100 --> 00:01:01,100 applying the city comprehensive 21 00:01:01,100 --> 00:01:02,100 plan and unified development 22 00:01:02,100 --> 00:01:03,100 ordinance. 23 00:01:03,100 --> 00:01:04,100 it is important our meetings 24 00:01:04,100 --> 00:01:05,100 are connected with dignity and 25 00:01:05,100 --> 00:01:07,100 respect. 26 00:01:08,100 --> 00:01:09,100 this applies to every person in 27 00:01:09,100 --> 00:01:10,100 attendance. 28 00:01:10,100 --> 00:01:12,100 we strive to provide where 29 00:01:12,100 --> 00:01:13,100 ideas and opinions of all 30 00:01:13,100 --> 00:01:14,100 participants are held in the 31 00:01:14,100 --> 00:01:16,100 highest regard. 32 00:01:16,100 --> 00:01:17,100 finally, the actions on the 33 00:01:17,100 --> 00:01:19,100 issues we discuss are 34 00:01:19,100 --> 00:01:20,100 ultimately under the 35 00:01:20,100 --> 00:01:21,100 responsibility of the city 36 00:01:21,100 --> 00:01:22,100 council. 37 00:01:22,100 --> 00:01:23,100 as planning commission, we are 38 00:01:23,100 --> 00:01:25,100 here to help the council as 39 00:01:25,100 --> 00:01:26,100 elected representatives to be 40 00:01:26,100 --> 00:01:28,100 fully informed to make the best 41 00:01:28,100 --> 00:01:30,100 choices for our city. 42 00:01:30,100 --> 00:01:32,100 by statute, the planning 43 00:01:32,100 --> 00:01:33,100 commission strives to not 44 00:01:33,100 --> 00:01:35,100 engage with any party on the 45 00:01:35,100 --> 00:01:36,100 issues on the agenda prior to 46 00:01:36,100 --> 00:01:38,100 our meeting. 47 00:01:38,100 --> 00:01:39,100 should that interaction take 48 00:01:39,100 --> 00:01:41,100 place as a result of a business 49 00:01:41,100 --> 00:01:43,401 relationship or any other 50 00:01:44,100 --> 00:01:45,100 interaction, which referred to 51 00:01:45,100 --> 00:01:47,100 as ex parte communication, 52 00:01:47,100 --> 00:01:49,100 commissioners will report the 53 00:01:49,100 --> 00:01:51,100 interaction when we reach that 54 00:01:51,100 --> 00:01:53,100 item in the agenda. 55 00:01:53,100 --> 00:01:56,100 we'll move to the consent 56 00:01:56,100 --> 00:01:57,100 agenda. 57 00:01:57,100 --> 00:01:59,100 there are two items consent 58 00:01:59,100 --> 00:02:01,100 items. 59 00:02:01,100 --> 00:02:02,100 these are considered routine by 60 00:02:02,100 --> 00:02:04,100 the planning commission. 61 00:02:06,100 --> 00:02:07,100 approved in one motion. 62 00:02:07,100 --> 00:02:09,100 there is no public hearing for 63 00:02:09,100 --> 00:02:12,100 items on the consent agenda and 64 00:02:12,100 --> 00:02:14,100 there is no discussion unless 65 00:02:14,100 --> 00:02:15,100 removed from the agenda and 66 00:02:15,100 --> 00:02:16,100 considered separately. 67 00:02:16,100 --> 00:02:17,100 commissioners, do you see 68 00:02:17,100 --> 00:02:19,100 anything on the consent agenda 69 00:02:19,100 --> 00:02:21,100 you like to pull for additional 70 00:02:21,100 --> 00:02:22,100 information or questions from 71 00:02:22,100 --> 00:02:24,100 staff? 72 00:02:25,100 --> 00:02:27,100 seeing none, do I have a motion 73 00:02:27,100 --> 00:02:30,100 for the consent agenda, please? 74 00:02:32,100 --> 00:02:34,100 >> mr. Chair, I move to approve 75 00:02:34,100 --> 00:02:36,100 the consent agenda as written. 76 00:02:36,100 --> 00:02:37,100 >> thank you commissioner 77 00:02:37,100 --> 00:02:38,100 corcoran. 78 00:02:38,100 --> 00:02:39,100 do I have a second? 79 00:02:39,100 --> 00:02:40,100 >> second. 80 00:02:40,100 --> 00:02:41,100 >> thank you commissioner 81 00:02:41,100 --> 00:02:42,100 brown. 82 00:02:42,100 --> 00:02:43,100 all in favor aye. 83 00:02:43,100 --> 00:02:44,100 opposed? 84 00:02:44,100 --> 00:02:46,401 that motion passes 8-0. 85 00:02:49,100 --> 00:02:51,100 so we'll move now to our 86 00:02:51,100 --> 00:02:53,100 regular agenda and public 87 00:02:53,100 --> 00:02:54,100 hearings. 88 00:02:54,100 --> 00:02:55,100 this evening we have five 89 00:02:55,100 --> 00:02:57,100 scheduled public hearings. 90 00:02:57,100 --> 00:02:59,100 for the first public hearing, a 91 00:02:59,100 --> 00:03:01,100 continuance has been requested. 92 00:03:01,100 --> 00:03:04,100 when a case is submitted or 93 00:03:04,100 --> 00:03:06,100 scheduled for continuance, the 94 00:03:06,100 --> 00:03:07,100 public hearing will not be 95 00:03:07,100 --> 00:03:08,100 opened. 96 00:03:08,100 --> 00:03:09,100 comments, recommendations or 97 00:03:09,100 --> 00:03:11,100 analysis on the case isn't 98 00:03:11,100 --> 00:03:14,100 provided or discussed until the 99 00:03:14,100 --> 00:03:15,100 public hearing is officially 100 00:03:15,100 --> 00:03:16,100 opened. 101 00:03:16,100 --> 00:03:18,100 this process insures anyone 102 00:03:18,100 --> 00:03:19,100 with interest in the case has 103 00:03:19,100 --> 00:03:21,401 the opportunity to participate. 104 00:03:22,100 --> 00:03:24,100 so, continuance is requested to 105 00:03:24,100 --> 00:03:25,100 future planning commission 106 00:03:25,100 --> 00:03:27,401 meeting for su26-0008. 107 00:03:30,100 --> 00:03:31,100 is there a motion regarding 108 00:03:31,100 --> 00:03:33,100 request? 109 00:03:34,100 --> 00:03:36,100 >> chair, I move we approve the 110 00:03:36,100 --> 00:03:38,401 continuation of su-26-0008. 111 00:03:40,100 --> 00:03:41,100 >> thank you commissioner 112 00:03:41,100 --> 00:03:42,100 chapman. 113 00:03:42,100 --> 00:03:43,100 do I have a second? 114 00:03:43,100 --> 00:03:44,100 >> second. 115 00:03:44,100 --> 00:03:45,100 >> thank you commissioner 116 00:03:45,100 --> 00:03:46,100 bergida. 117 00:03:46,100 --> 00:03:47,100 all in favor say aye. 118 00:03:47,100 --> 00:03:49,100 opposed? 119 00:03:49,100 --> 00:03:51,401 that motion passes 8-0. 120 00:03:54,100 --> 00:03:55,100 the second public hearing is 121 00:03:55,100 --> 00:03:57,100 request for the approval of 122 00:03:57,100 --> 00:04:00,100 rezoning for fun tear trails 123 00:04:00,100 --> 00:04:02,401 logistics northwest of 175 and 124 00:04:03,100 --> 00:04:05,100 u.s. 69 highway. 125 00:04:05,100 --> 00:04:06,100 mrs. Winter is here to present 126 00:04:06,100 --> 00:04:08,100 the case tonight. 127 00:04:13,100 --> 00:04:15,100 go ahead, lauren. 128 00:04:21,100 --> 00:04:22,100 >> good evening commissioners. 129 00:04:22,100 --> 00:04:24,100 lauren winter, planner 2. 130 00:04:24,100 --> 00:04:26,401 as introduced is application 131 00:04:27,100 --> 00:04:29,100 before you is request to zone 132 00:04:29,100 --> 00:04:32,100 to the m2 district in site 133 00:04:32,100 --> 00:04:34,100 development plan for frontier 134 00:04:34,100 --> 00:04:36,100 trails logistics. 135 00:04:36,100 --> 00:04:38,100 the proposal consist of one 136 00:04:38,100 --> 00:04:40,100 speculative warehouse 137 00:04:40,100 --> 00:04:42,100 distribution facility. 138 00:04:42,100 --> 00:04:44,100 the site is located northwest 139 00:04:44,100 --> 00:04:47,601 of 175th street and u.s. 169 140 00:04:48,100 --> 00:04:50,401 highway with direct street 141 00:04:51,100 --> 00:04:53,100 frontage along 169 highway. 142 00:04:53,100 --> 00:04:56,100 the site is adjacent to lone 143 00:04:56,100 --> 00:04:58,100 elm park in the lineage cold 144 00:04:58,100 --> 00:04:59,100 storage facility. 145 00:04:59,100 --> 00:05:00,100 the property is undeveloped 146 00:05:00,100 --> 00:05:03,100 with existing cell tower which 147 00:05:03,100 --> 00:05:05,100 may remain as permitted by the 148 00:05:05,100 --> 00:05:06,100 udl. 149 00:05:06,100 --> 00:05:08,100 the adjacent industrial 150 00:05:08,100 --> 00:05:10,100 property is zoned to the m2 151 00:05:10,100 --> 00:05:12,100 general industrial district, 152 00:05:13,100 --> 00:05:14,100 and the subject property 153 00:05:14,100 --> 00:05:16,401 currently retains county rural 154 00:05:17,100 --> 00:05:18,100 zoning. 155 00:05:18,100 --> 00:05:20,100 the request tonight is to 156 00:05:20,100 --> 00:05:23,100 rezone to the m2 district. 157 00:05:24,100 --> 00:05:27,100 the future land use map of the 158 00:05:27,100 --> 00:05:29,100 elevate olathe comprehensive 159 00:05:29,100 --> 00:05:30,100 plan designate the property and 160 00:05:30,100 --> 00:05:32,100 much of surrounding area as 161 00:05:32,100 --> 00:05:33,100 industrial. 162 00:05:33,100 --> 00:05:35,100 the requested m2 district 163 00:05:35,100 --> 00:05:36,100 aligns with the future land use 164 00:05:36,100 --> 00:05:38,100 designation. 165 00:05:38,100 --> 00:05:40,100 in the zoning aligns with the 166 00:05:40,100 --> 00:05:41,100 goals and policies of the 167 00:05:41,100 --> 00:05:43,100 elevate olathe comprehensive 168 00:05:43,100 --> 00:05:44,100 plan, including providing mix 169 00:05:44,100 --> 00:05:46,100 of land uses within the city 170 00:05:46,100 --> 00:05:47,100 and promoting high quality 171 00:05:47,100 --> 00:05:49,100 development. 172 00:05:51,100 --> 00:05:53,401 the 70 acre site accommodate 173 00:05:54,100 --> 00:05:56,401 one warehouse with over-head 174 00:05:57,100 --> 00:05:58,100 doors facing north and south 175 00:05:58,100 --> 00:05:59,100 and the primary entrances 176 00:05:59,100 --> 00:06:01,100 facing public roadways. 177 00:06:02,100 --> 00:06:04,100 the single story warehouse will 178 00:06:04,100 --> 00:06:05,100 be just over a million square 179 00:06:05,100 --> 00:06:07,100 feet. 180 00:06:09,100 --> 00:06:11,100 two screen walls in blue 181 00:06:11,100 --> 00:06:12,100 constructed to extend the 182 00:06:12,100 --> 00:06:14,100 eastern facade to block the 183 00:06:14,100 --> 00:06:16,100 view of the overhead doors from 184 00:06:16,100 --> 00:06:18,100 169 highway. 185 00:06:18,100 --> 00:06:20,100 on site detention is located on 186 00:06:20,100 --> 00:06:21,100 the western and northern 187 00:06:21,100 --> 00:06:23,100 portions of the development, 188 00:06:23,100 --> 00:06:25,100 and additional landscaping will 189 00:06:25,100 --> 00:06:26,100 be provided to screen from 190 00:06:26,100 --> 00:06:28,100 public view. 191 00:06:28,100 --> 00:06:30,100 north/south industrial 192 00:06:34,100 --> 00:06:36,100 collector is along the west 193 00:06:36,100 --> 00:06:39,100 side of the property to provide 194 00:06:39,100 --> 00:06:41,100 to the north and south. 195 00:06:41,100 --> 00:06:42,100 four access points are shown on 196 00:06:42,100 --> 00:06:45,100 the site in red off carson 197 00:06:45,100 --> 00:06:48,100 street and gated fire access 198 00:06:48,100 --> 00:06:50,100 road off 169 highway is shown 199 00:06:50,100 --> 00:06:52,100 in orange. 200 00:06:54,100 --> 00:06:55,100 the applicant provided a 201 00:06:55,100 --> 00:06:57,100 landscape plan that meets all 202 00:06:57,100 --> 00:06:58,100 udl requirements. 203 00:06:58,100 --> 00:07:00,100 specifically, significant tree 204 00:07:01,100 --> 00:07:03,100 preservation along the west 205 00:07:03,100 --> 00:07:05,100 property line and enhanced 206 00:07:05,100 --> 00:07:06,100 buffer along the south as it is 207 00:07:06,100 --> 00:07:08,100 adjacent to future commercial 208 00:07:08,100 --> 00:07:10,100 zoning. 209 00:07:10,100 --> 00:07:12,100 the applicant is also proposing 210 00:07:12,100 --> 00:07:14,100 birming at the southeast 211 00:07:14,100 --> 00:07:15,100 corning as a additional 212 00:07:15,100 --> 00:07:18,100 screening for nearest u.s. 169 213 00:07:19,100 --> 00:07:21,100 highway. 214 00:07:21,100 --> 00:07:23,100 refinements and landscape 215 00:07:23,100 --> 00:07:25,100 details will be provided at the 216 00:07:25,100 --> 00:07:27,100 final site development plan 217 00:07:27,100 --> 00:07:29,401 that includes ground cover, 218 00:07:30,100 --> 00:07:31,100 utility screening and 219 00:07:31,100 --> 00:07:33,100 landscaping will meet the udl 220 00:07:33,100 --> 00:07:35,100 requirements. 221 00:07:35,100 --> 00:07:37,100 the building will be 222 00:07:37,100 --> 00:07:39,100 constructed of painted textured 223 00:07:39,100 --> 00:07:41,100 concrete panels in shades of 224 00:07:41,100 --> 00:07:43,100 gray with a band of blue around 225 00:07:43,100 --> 00:07:44,100 all facades. 226 00:07:44,100 --> 00:07:47,100 upper glass is provided and the 227 00:07:47,100 --> 00:07:49,100 primary facades include ground 228 00:07:49,100 --> 00:07:51,100 floor glass. 229 00:07:51,100 --> 00:07:53,100 the building meets material 230 00:07:53,100 --> 00:07:54,100 articulation requirements and 231 00:07:54,100 --> 00:07:56,401 no wavers are requested. 232 00:07:58,100 --> 00:08:00,100 the applicant met all 233 00:08:00,100 --> 00:08:01,100 notification requirements and 234 00:08:01,100 --> 00:08:02,100 neighborhood meeting was held 235 00:08:02,100 --> 00:08:05,100 july 30 with one resident in 236 00:08:05,100 --> 00:08:06,100 attendance who is the property 237 00:08:06,100 --> 00:08:08,401 owner to the north. 238 00:08:09,100 --> 00:08:10,100 the primary topic discussed at 239 00:08:10,100 --> 00:08:12,100 the meeting was future access 240 00:08:12,100 --> 00:08:13,100 to the adjacent northern 241 00:08:13,100 --> 00:08:15,100 property and the applicant 242 00:08:15,100 --> 00:08:16,100 addressed the property owner 243 00:08:16,100 --> 00:08:18,100 questions by discussing various 244 00:08:18,100 --> 00:08:20,100 access options for the proposed 245 00:08:20,100 --> 00:08:22,100 development. 246 00:08:22,100 --> 00:08:24,100 neither staff nor the applicant 247 00:08:24,100 --> 00:08:25,100 has received any correspondence 248 00:08:25,100 --> 00:08:27,100 regarding this case. 249 00:08:31,100 --> 00:08:32,100 staff recommends approval of 250 00:08:32,100 --> 00:08:35,601 the rezoning rz26-0011 to the 251 00:08:37,100 --> 00:08:38,100 m2 district with the following 252 00:08:38,100 --> 00:08:41,100 use restrictions due to the 253 00:08:41,100 --> 00:08:43,100 intensity of the use or 254 00:08:43,100 --> 00:08:45,100 reliance on outdoor storage and 255 00:08:45,100 --> 00:08:47,401 the adjacency to major 256 00:08:50,100 --> 00:08:51,100 roadways. 257 00:08:51,100 --> 00:08:52,100 the applicant is agreeable to 258 00:08:52,100 --> 00:08:53,100 the restrictions. 259 00:08:53,100 --> 00:08:55,401 staff also recommends approval 260 00:08:56,100 --> 00:08:59,100 of the site development plan 261 00:08:59,100 --> 00:09:01,100 rz26-0011. 262 00:09:01,100 --> 00:09:02,100 the applicant is agreeable to 263 00:09:02,100 --> 00:09:04,401 all stipulations listed here, 264 00:09:05,100 --> 00:09:07,100 including providing adequate 265 00:09:07,100 --> 00:09:09,100 truck staging on site to avoid 266 00:09:09,100 --> 00:09:11,100 staging on public streets, full 267 00:09:11,100 --> 00:09:13,100 screening outdoor storage and 268 00:09:13,100 --> 00:09:14,100 equipment from public view. 269 00:09:14,100 --> 00:09:16,100 this item will be considered at 270 00:09:16,100 --> 00:09:18,401 the october 6 city council 271 00:09:19,100 --> 00:09:20,100 meeting. 272 00:09:20,100 --> 00:09:22,100 this concludes my presentation. 273 00:09:22,100 --> 00:09:23,100 I'm available for any questions 274 00:09:23,100 --> 00:09:25,100 and the applicant is here as 275 00:09:25,100 --> 00:09:26,100 well, but will not be making a 276 00:09:26,100 --> 00:09:27,100 presentation. 277 00:09:27,100 --> 00:09:28,100 >> okay. 278 00:09:28,100 --> 00:09:29,100 that was my question. 279 00:09:29,100 --> 00:09:30,100 good to know. 280 00:09:30,100 --> 00:09:32,100 any questions from 281 00:09:33,100 --> 00:09:34,100 commissioners? 282 00:09:34,100 --> 00:09:35,100 commissioner chapman. 283 00:09:35,100 --> 00:09:37,100 >> thank you, chair. 284 00:09:37,100 --> 00:09:38,100 ms. Winter one question, the 285 00:09:38,100 --> 00:09:40,100 property owner to the north, 286 00:09:40,100 --> 00:09:43,100 has the applicant and owner 287 00:09:43,100 --> 00:09:45,100 resolved issues with regards to 288 00:09:45,100 --> 00:09:46,100 access to his property to the 289 00:09:46,100 --> 00:09:47,100 north? 290 00:09:47,100 --> 00:09:48,100 >> yes, my understanding the 291 00:09:48,100 --> 00:09:51,100 property owner to the north is 292 00:09:51,100 --> 00:09:53,100 happy with the accommodations 293 00:09:53,100 --> 00:09:54,100 the property has made with the 294 00:09:54,100 --> 00:09:55,100 collector road. 295 00:09:55,100 --> 00:09:57,100 >> okay, thank you. 296 00:09:57,100 --> 00:09:59,100 >> uh-huh. 297 00:09:59,100 --> 00:10:00,100 >> commissioners, do you have 298 00:10:00,100 --> 00:10:02,100 additional questions? 299 00:10:04,100 --> 00:10:05,100 now open the public hearing. 300 00:10:05,100 --> 00:10:07,100 we do have one individual 301 00:10:07,100 --> 00:10:09,100 signed up for the public 302 00:10:09,100 --> 00:10:10,100 hearing. 303 00:10:10,100 --> 00:10:13,100 give you layout how it works 304 00:10:13,100 --> 00:10:14,100 which applies to all public 305 00:10:14,100 --> 00:10:16,100 hearings this evening. 306 00:10:17,100 --> 00:10:19,100 your name will be called and 307 00:10:19,100 --> 00:10:22,100 head to the podium here to your 308 00:10:22,100 --> 00:10:23,100 left. 309 00:10:23,100 --> 00:10:26,100 each person has five minutes 310 00:10:26,100 --> 00:10:27,100 start out by stating your name 311 00:10:27,100 --> 00:10:29,100 and address for the record and 312 00:10:29,100 --> 00:10:31,100 then there will be a timer over 313 00:10:31,100 --> 00:10:33,100 here on your right that 314 00:10:33,100 --> 00:10:34,100 indicate the amount of time you 315 00:10:34,100 --> 00:10:36,100 have to speak and you are 316 00:10:36,100 --> 00:10:38,100 welcome to use the full five 317 00:10:38,100 --> 00:10:39,100 minutes. 318 00:10:39,100 --> 00:10:40,100 for this particular one, we 319 00:10:40,100 --> 00:10:41,100 only have one scheduled 320 00:10:41,100 --> 00:10:42,100 speaker. 321 00:10:42,100 --> 00:10:44,100 if we have multiple speakers, 322 00:10:44,100 --> 00:10:46,100 just guidance how that will 323 00:10:46,100 --> 00:10:49,100 work when we get to that point. 324 00:10:49,100 --> 00:10:51,100 when we have multiple speakers, 325 00:10:51,100 --> 00:10:54,100 we are looking to hear new 326 00:10:54,100 --> 00:10:56,100 information on public hearings. 327 00:10:56,100 --> 00:10:58,100 all has been a lot of 328 00:10:58,100 --> 00:11:00,100 correspondence on issues 329 00:11:00,100 --> 00:11:01,100 tonight which have been 330 00:11:01,100 --> 00:11:02,100 available to all the 331 00:11:02,100 --> 00:11:03,100 commissioners we read through 332 00:11:03,100 --> 00:11:04,100 it in preparation for tonight's 333 00:11:04,100 --> 00:11:05,100 meeting. 334 00:11:05,100 --> 00:11:06,100 the purpose of the public 335 00:11:06,100 --> 00:11:07,100 hearing is we are looking for 336 00:11:07,100 --> 00:11:08,100 new information. 337 00:11:08,100 --> 00:11:09,100 what is it we haven't heard? 338 00:11:09,100 --> 00:11:11,100 what are we looking at that 339 00:11:11,100 --> 00:11:12,100 hasn't been considered? 340 00:11:12,100 --> 00:11:13,100 that is what we like to see 341 00:11:13,100 --> 00:11:15,100 from the speakers this evening. 342 00:11:15,100 --> 00:11:16,100 regardless which issue you may 343 00:11:16,100 --> 00:11:18,100 have shown up for. 344 00:11:18,100 --> 00:11:20,100 in saying that, if the person 345 00:11:20,100 --> 00:11:22,100 before you says the exact same 346 00:11:22,100 --> 00:11:24,100 thing you are going to say, it 347 00:11:24,100 --> 00:11:26,100 is perfectly okay to wave your 348 00:11:26,100 --> 00:11:28,100 right to speak as a repeating 349 00:11:28,100 --> 00:11:30,401 yourself doesn't-it isn't a 350 00:11:31,100 --> 00:11:33,100 tally this many said this in 351 00:11:33,100 --> 00:11:35,100 favor of this many and opposed. 352 00:11:35,100 --> 00:11:36,100 that isn't how it works. 353 00:11:36,100 --> 00:11:37,100 we just want to look at all the 354 00:11:37,100 --> 00:11:40,100 facts and use that information 355 00:11:40,100 --> 00:11:41,100 to make our decision. 356 00:11:41,100 --> 00:11:43,100 that is just guidelines how 357 00:11:43,100 --> 00:11:44,100 public hearings work. 358 00:11:44,100 --> 00:11:47,601 we do have one signed up. 359 00:11:49,100 --> 00:11:50,100 jacob turner, if you like to 360 00:11:50,100 --> 00:11:53,601 make your way to the podium. 361 00:11:56,100 --> 00:11:57,100 >> thank you all. 362 00:11:57,100 --> 00:11:59,100 jacob turner, 11000 king 363 00:12:03,100 --> 00:12:04,100 street. 364 00:12:04,100 --> 00:12:06,100 I am here representing the 365 00:12:06,100 --> 00:12:09,100 property owner to the north. 366 00:12:09,100 --> 00:12:11,100 167th street llc. 367 00:12:12,100 --> 00:12:13,100 I'm his attorney. 368 00:12:13,100 --> 00:12:16,100 he has apologize he couldn't 369 00:12:16,100 --> 00:12:18,100 come but asked me to convey a 370 00:12:18,100 --> 00:12:20,100 message to this commission. 371 00:12:20,100 --> 00:12:21,100 he had attended the 372 00:12:21,100 --> 00:12:23,100 neighborhood meeting and 373 00:12:24,100 --> 00:12:26,100 expressed strong concerns about 374 00:12:26,100 --> 00:12:28,100 the lack of access to his 375 00:12:28,100 --> 00:12:30,100 property, because the way he 376 00:12:30,100 --> 00:12:31,100 saw the development would have 377 00:12:31,100 --> 00:12:34,100 actually land locked portion of 378 00:12:34,100 --> 00:12:35,100 his property and he wouldn't 379 00:12:35,100 --> 00:12:36,100 have been able to develop it. 380 00:12:36,100 --> 00:12:38,100 he had--we had additional 381 00:12:38,100 --> 00:12:39,100 conversations with the 382 00:12:39,100 --> 00:12:42,100 applicant and the applicant he 383 00:12:42,100 --> 00:12:44,100 was pleased with the change the 384 00:12:44,100 --> 00:12:46,100 application creating the 385 00:12:46,100 --> 00:12:48,100 collector road that now will 386 00:12:48,100 --> 00:12:50,100 allow him to help develop his 387 00:12:50,100 --> 00:12:52,100 property at the time he chooses 388 00:12:52,100 --> 00:12:55,100 to develop the property in line 389 00:12:55,100 --> 00:12:57,100 with the comprehensive plan. 390 00:12:57,100 --> 00:12:59,100 he asked me to come explain 391 00:12:59,100 --> 00:13:01,100 that-sense the neighborhood 392 00:13:02,100 --> 00:13:03,100 meeting he is in full support 393 00:13:03,100 --> 00:13:05,100 as long as there a collector 394 00:13:05,100 --> 00:13:06,100 road or access that continues 395 00:13:06,100 --> 00:13:08,100 on his property to the north. 396 00:13:08,100 --> 00:13:09,100 that's all I have to say today. 397 00:13:09,100 --> 00:13:10,100 thank you. 398 00:13:10,100 --> 00:13:11,100 >> thank you mr. Turner. 399 00:13:11,100 --> 00:13:13,100 appreciate it. 400 00:13:13,100 --> 00:13:15,100 seeing no other speakers, do I 401 00:13:15,100 --> 00:13:18,100 have a motion to close the 402 00:13:18,100 --> 00:13:20,100 public hearing? 403 00:13:20,100 --> 00:13:21,100 >> so moved. 404 00:13:21,100 --> 00:13:22,100 >> thank you commissioner 405 00:13:22,100 --> 00:13:23,100 bergida. 406 00:13:23,100 --> 00:13:24,100 second? 407 00:13:24,100 --> 00:13:25,100 >> second. 408 00:13:25,100 --> 00:13:27,100 >> thank you commissioner 409 00:13:27,100 --> 00:13:28,100 terrones. 410 00:13:28,100 --> 00:13:30,100 all in favor say aye. 411 00:13:30,100 --> 00:13:32,100 opposed, nay. 412 00:13:32,100 --> 00:13:33,100 and the public hearing is now 413 00:13:33,100 --> 00:13:34,100 closed. 414 00:13:34,100 --> 00:13:35,100 is there any additional 415 00:13:35,100 --> 00:13:38,100 discussion needed on this issue 416 00:13:38,100 --> 00:13:41,100 commissioners for staff or the 417 00:13:41,100 --> 00:13:43,100 applicant? 418 00:13:43,100 --> 00:13:44,100 seeing none, do I have a motion 419 00:13:44,100 --> 00:13:46,100 on rz26-0011? 420 00:13:51,100 --> 00:13:52,100 >> mr. Chair, I move for 421 00:13:52,100 --> 00:13:55,601 approval of rz26-0011 with all 422 00:13:56,100 --> 00:13:57,100 stipulations and 423 00:13:57,100 --> 00:13:58,100 recommendations as presented by 424 00:13:58,100 --> 00:13:59,100 staff. 425 00:13:59,100 --> 00:14:00,100 >> thank you commissioner 426 00:14:00,100 --> 00:14:01,100 bergida. 427 00:14:01,100 --> 00:14:02,100 do I have a second? 428 00:14:02,100 --> 00:14:03,100 >> second. 429 00:14:03,100 --> 00:14:04,100 >> thank you commissioner 430 00:14:04,100 --> 00:14:05,100 brown. 431 00:14:05,100 --> 00:14:07,100 mrs. Will, will you take a roll 432 00:14:07,100 --> 00:14:08,100 call vote, please? 433 00:14:08,100 --> 00:14:10,100 [roll call] 434 00:14:18,100 --> 00:14:20,100 >> motion passes 8-0. 435 00:14:24,100 --> 00:14:25,100 >> we'll move to the third 436 00:14:25,100 --> 00:14:26,100 public hearing. 437 00:14:26,100 --> 00:14:27,100 request for approval of 438 00:14:27,100 --> 00:14:30,100 rezoning for the johnson county 439 00:14:30,100 --> 00:14:31,100 aggregate located southeast of 440 00:14:31,100 --> 00:14:33,100 151 and old 56 highway. 441 00:14:35,100 --> 00:14:36,100 mr. Jurey will be here this 442 00:14:36,100 --> 00:14:38,100 evening to present the case. 443 00:14:38,100 --> 00:14:40,100 the rezoning portion of this, 444 00:14:40,100 --> 00:14:42,100 which we got several issues on 445 00:14:42,100 --> 00:14:43,100 this particular issue. 446 00:14:43,100 --> 00:14:45,100 the rezoning will be heard 447 00:14:45,100 --> 00:14:46,100 first fallowed by the two 448 00:14:46,100 --> 00:14:49,100 special use permits on this 449 00:14:49,100 --> 00:14:51,100 property for the subsequent 450 00:14:51,100 --> 00:14:52,100 public hearings. 451 00:14:52,100 --> 00:14:54,100 mr. Jurey. 452 00:14:54,100 --> 00:14:56,100 >> excuse me. 453 00:14:58,100 --> 00:15:00,100 thank you chair and planning 454 00:15:00,100 --> 00:15:01,100 commission. 455 00:15:01,100 --> 00:15:02,100 nathan jurey, senior planner. 456 00:15:02,100 --> 00:15:04,100 before I start I want to 457 00:15:04,100 --> 00:15:06,100 provide an overview of the next 458 00:15:06,100 --> 00:15:09,100 three applications as they are 459 00:15:09,100 --> 00:15:11,100 all interrelated, but were 460 00:15:11,100 --> 00:15:13,100 reviewed by staff separately 461 00:15:13,100 --> 00:15:15,100 and analyzed separately. 462 00:15:15,100 --> 00:15:16,100 overall, johnson county 463 00:15:16,100 --> 00:15:18,100 aggregate submitted rezoning 464 00:15:19,100 --> 00:15:21,100 request request to amend their 465 00:15:21,100 --> 00:15:23,100 existing special use for the 466 00:15:23,100 --> 00:15:25,100 existing quarry and special use 467 00:15:25,100 --> 00:15:27,100 to expand their existing 468 00:15:27,100 --> 00:15:28,100 quarry. 469 00:15:28,100 --> 00:15:30,100 dan jones with jca is here 470 00:15:30,100 --> 00:15:31,100 tonight is and brought his team 471 00:15:31,100 --> 00:15:33,401 including curtis peterson with 472 00:15:36,100 --> 00:15:37,100 polsinelli. 473 00:15:37,100 --> 00:15:39,100 the property is in blue on the 474 00:15:39,100 --> 00:15:40,100 screen here. 475 00:15:40,100 --> 00:15:43,100 it is owned by jca in south 476 00:15:43,100 --> 00:15:44,100 west olathe. 477 00:15:44,100 --> 00:15:47,601 the site is bound by old 56. 478 00:15:54,100 --> 00:15:56,100 the entire site accept for 479 00:15:56,100 --> 00:15:58,401 northwest corner which is 480 00:15:59,100 --> 00:16:01,100 outlined in purple is in the 481 00:16:01,100 --> 00:16:02,100 city olathe. 482 00:16:02,100 --> 00:16:05,100 jca has annexation request and 483 00:16:05,100 --> 00:16:07,100 the three cases before you 484 00:16:07,100 --> 00:16:09,100 tonight will all be heard at 485 00:16:09,100 --> 00:16:11,100 the october 6 city council 486 00:16:11,100 --> 00:16:14,100 meeting for the final decision. 487 00:16:14,100 --> 00:16:15,100 and just to clarify before you 488 00:16:15,100 --> 00:16:17,100 do ask planning commission is 489 00:16:17,100 --> 00:16:19,100 allowed to make recommendations 490 00:16:19,100 --> 00:16:21,100 on annexed property, but just 491 00:16:21,100 --> 00:16:23,100 the final decision can't occur 492 00:16:23,100 --> 00:16:25,100 until annexation happens. 493 00:16:27,100 --> 00:16:30,100 so, the overall property is 494 00:16:31,100 --> 00:16:33,100 split into two areas. 495 00:16:33,100 --> 00:16:36,100 what I'll call the existing 496 00:16:38,100 --> 00:16:40,100 quarry in yellow and expansion 497 00:16:40,100 --> 00:16:41,100 quarry in red. 498 00:16:41,100 --> 00:16:44,100 the existing quarry did receive 499 00:16:44,100 --> 00:16:46,401 special use approval in 1988 500 00:16:47,100 --> 00:16:50,100 and there was a hundred foot 501 00:16:50,100 --> 00:16:52,100 buffer that was required at the 502 00:16:52,100 --> 00:16:54,100 time shown in green on the 503 00:16:54,100 --> 00:16:55,100 screen. 504 00:16:55,100 --> 00:16:57,100 jca is requesting to expand the 505 00:16:57,100 --> 00:16:59,100 existing quarry and would like 506 00:16:59,100 --> 00:17:00,100 that both areas the existing 507 00:17:00,100 --> 00:17:03,100 and expansion to function as 508 00:17:03,100 --> 00:17:05,100 one continuous operation. 509 00:17:06,100 --> 00:17:08,100 to do that, the expansion 510 00:17:08,100 --> 00:17:11,100 quarry needs proper zoning and 511 00:17:11,100 --> 00:17:13,100 special use approvals. 512 00:17:13,100 --> 00:17:15,100 the existing quarry as well 513 00:17:15,100 --> 00:17:18,100 must be amended to remove the 514 00:17:18,100 --> 00:17:20,100 hundred foot setback from the 515 00:17:20,100 --> 00:17:22,100 expansion quarry property. 516 00:17:23,100 --> 00:17:26,100 so, all in all, jca did submit 517 00:17:26,100 --> 00:17:28,100 two special use requests, but 518 00:17:28,100 --> 00:17:31,100 they view it as one 519 00:17:31,100 --> 00:17:33,100 interrelated request all 520 00:17:34,100 --> 00:17:35,100 together. 521 00:17:35,100 --> 00:17:37,100 with that, I will present the 522 00:17:37,100 --> 00:17:40,100 rezoning first, open the public 523 00:17:42,100 --> 00:17:43,100 hearing, call for a vote and 524 00:17:43,100 --> 00:17:44,100 repeat the same process for the 525 00:17:44,100 --> 00:17:46,100 next two applications as well. 526 00:17:46,100 --> 00:17:47,100 are there any questions before 527 00:17:47,100 --> 00:17:49,100 I move on? 528 00:17:53,100 --> 00:17:54,100 >> I would like just to address 529 00:17:54,100 --> 00:17:55,100 one thing. 530 00:17:55,100 --> 00:17:57,100 on the prior screen where it 531 00:17:57,100 --> 00:17:59,100 showed the expansion quarry 532 00:17:59,100 --> 00:18:02,100 existing quarry, so there was a 533 00:18:02,100 --> 00:18:03,100 buffer at that point? 534 00:18:03,100 --> 00:18:04,100 >> yes. 535 00:18:04,100 --> 00:18:07,100 the buffer right here was 536 00:18:07,100 --> 00:18:09,100 required from what was 537 00:18:09,100 --> 00:18:12,100 previously farm land and is 538 00:18:12,100 --> 00:18:14,100 farm land now, but in 1988 it 539 00:18:14,100 --> 00:18:15,100 was zoned separately and there 540 00:18:15,100 --> 00:18:18,100 is hundred foot buffer from 541 00:18:18,100 --> 00:18:19,100 that property. 542 00:18:19,100 --> 00:18:20,100 >> alright. 543 00:18:20,100 --> 00:18:21,100 so, if the expansion were to 544 00:18:21,100 --> 00:18:24,100 take place, is there no longer 545 00:18:24,100 --> 00:18:25,100 a buffer? 546 00:18:25,100 --> 00:18:27,100 >> that is their request, yeah. 547 00:18:27,100 --> 00:18:29,100 >> okay. 548 00:18:32,100 --> 00:18:33,100 >> hearing nothing else, we'll 549 00:18:33,100 --> 00:18:35,100 get started with the rezoning 550 00:18:35,100 --> 00:18:36,100 request. 551 00:18:36,100 --> 00:18:38,401 so, the expansion quarry 552 00:18:39,100 --> 00:18:41,100 property is about 110 acres 553 00:18:41,100 --> 00:18:44,100 used as farm land at the corner 554 00:18:44,100 --> 00:18:46,100 of old 56 and old 56. 555 00:18:46,100 --> 00:18:49,100 the property is currently zoned 556 00:18:49,100 --> 00:18:52,100 county rural and county ag and 557 00:18:52,100 --> 00:18:55,100 jca is requesting to rezone to 558 00:18:55,100 --> 00:18:57,100 the agriculture district. 559 00:18:58,100 --> 00:18:59,100 this district does generally 560 00:18:59,100 --> 00:19:01,401 permit agriculture uses, but 561 00:19:02,100 --> 00:19:05,100 allows for some uses such as 562 00:19:05,100 --> 00:19:06,100 quarrying with special use 563 00:19:06,100 --> 00:19:07,100 approval. 564 00:19:07,100 --> 00:19:08,100 so, I will stress here you do 565 00:19:08,100 --> 00:19:10,100 not need to consider the 566 00:19:10,100 --> 00:19:11,100 queries a part of this rezoning 567 00:19:11,100 --> 00:19:14,100 request as the quarry will be 568 00:19:14,100 --> 00:19:15,100 reviewed separately and 569 00:19:15,100 --> 00:19:17,100 analyzed separately as part of 570 00:19:17,100 --> 00:19:19,401 the special use request. 571 00:19:20,100 --> 00:19:23,100 the elevate olathe future land 572 00:19:23,100 --> 00:19:24,100 use map designate the property 573 00:19:24,100 --> 00:19:26,100 as neighborhood commercial and 574 00:19:26,100 --> 00:19:28,100 business park,b however 575 00:19:28,100 --> 00:19:30,100 sanitary sewer isn't readily 576 00:19:30,100 --> 00:19:31,100 available to support this type 577 00:19:31,100 --> 00:19:33,100 of development as envisioned in 578 00:19:33,100 --> 00:19:35,100 the comp plan. 579 00:19:36,100 --> 00:19:39,100 the ag district is an 580 00:19:39,100 --> 00:19:40,100 appropriate zoning district as 581 00:19:40,100 --> 00:19:43,601 one of the purposes is a 582 00:19:47,100 --> 00:19:48,100 holding zone to protect 583 00:19:48,100 --> 00:19:49,100 properties from pre-mature 584 00:19:49,100 --> 00:19:50,100 development. 585 00:19:50,100 --> 00:19:52,100 this request aligns with the 586 00:19:52,100 --> 00:19:53,100 goals and strategies of the 587 00:19:53,100 --> 00:19:56,100 comp plan, including land use 588 00:19:56,100 --> 00:19:59,100 1.1 strategy as the ag district 589 00:19:59,100 --> 00:20:01,100 will protect the area from 590 00:20:01,100 --> 00:20:03,401 piece-meal development for more 591 00:20:07,100 --> 00:20:09,100 contiguous growth development 592 00:20:09,100 --> 00:20:10,100 in the future. 593 00:20:10,100 --> 00:20:13,100 the applicant met public notice 594 00:20:13,100 --> 00:20:14,100 and neighborhood meeting 595 00:20:14,100 --> 00:20:15,100 requirements. 596 00:20:15,100 --> 00:20:16,100 neighborhood meeting held in 597 00:20:16,100 --> 00:20:18,100 july with 44 people in 598 00:20:18,100 --> 00:20:19,100 attendance. 599 00:20:19,100 --> 00:20:21,100 there were a lot of questions 600 00:20:21,100 --> 00:20:24,100 at the meeting, but none about 601 00:20:24,100 --> 00:20:26,401 the ag district rezoning. 602 00:20:27,100 --> 00:20:29,100 staff answered several 603 00:20:30,100 --> 00:20:32,100 inquiries but did not receive 604 00:20:32,100 --> 00:20:33,100 comments on rezoning request as 605 00:20:33,100 --> 00:20:34,100 well. 606 00:20:34,100 --> 00:20:35,100 so, in summary, staff is 607 00:20:35,100 --> 00:20:37,401 supportive of the requested 608 00:20:38,100 --> 00:20:39,100 rezoning to agriculture 609 00:20:39,100 --> 00:20:41,100 district with no stipulations. 610 00:20:41,100 --> 00:20:42,100 with that, I will stand for any 611 00:20:42,100 --> 00:20:43,100 questions. 612 00:20:43,100 --> 00:20:45,100 curtis peterson is here and 613 00:20:45,100 --> 00:20:46,100 available for any questions as 614 00:20:46,100 --> 00:20:47,100 well. 615 00:20:47,100 --> 00:20:48,100 >> thank you mr. Jurey. 616 00:20:48,100 --> 00:20:50,100 commissioners, you have 617 00:20:50,100 --> 00:20:51,100 questions for staff regarding 618 00:20:51,100 --> 00:20:52,100 rezoning? 619 00:20:52,100 --> 00:20:53,100 commissioner seeling. 620 00:20:53,100 --> 00:20:54,100 >> thank you sir for the 621 00:20:54,100 --> 00:20:55,100 presentation. 622 00:20:55,100 --> 00:20:57,100 my only question is simple, why 623 00:20:57,100 --> 00:21:01,100 rezone to ag and not m2 like 624 00:21:01,100 --> 00:21:02,100 the rest of the property? 625 00:21:02,100 --> 00:21:04,100 >> the future land use map is 626 00:21:04,100 --> 00:21:06,100 commercial and for business 627 00:21:06,100 --> 00:21:09,100 park and m2 zoning doesn't 628 00:21:09,100 --> 00:21:11,100 align with that, so the 629 00:21:11,100 --> 00:21:14,601 ag district is a better holding 630 00:21:15,100 --> 00:21:17,100 zone to allow for the requested 631 00:21:17,100 --> 00:21:20,100 use the quarry which we'll 632 00:21:20,100 --> 00:21:21,100 review later. 633 00:21:21,100 --> 00:21:22,100 it does allow for that and 634 00:21:22,100 --> 00:21:25,100 holding it from any unwanted 635 00:21:25,100 --> 00:21:26,100 development of industrial in 636 00:21:26,100 --> 00:21:27,100 the area. 637 00:21:27,100 --> 00:21:28,100 >> got you. 638 00:21:28,100 --> 00:21:30,100 thank you. 639 00:21:30,100 --> 00:21:31,100 >> any additional questions for 640 00:21:31,100 --> 00:21:33,100 staff? 641 00:21:33,100 --> 00:21:34,100 commissioner bergida. 642 00:21:34,100 --> 00:21:36,100 >> commissioner seeling stole 643 00:21:36,100 --> 00:21:37,100 my first question so move to 644 00:21:37,100 --> 00:21:39,100 the second one. 645 00:21:39,100 --> 00:21:42,601 in terms of property taxes, is 646 00:21:44,100 --> 00:21:45,100 there any difference if it is 647 00:21:45,100 --> 00:21:48,100 zoned ag opposed to m3? 648 00:21:48,100 --> 00:21:49,100 >> I believe property taxes are 649 00:21:49,100 --> 00:21:51,100 based on the use of the 650 00:21:51,100 --> 00:21:52,100 property. 651 00:21:52,100 --> 00:21:55,100 those are from the tax assessor 652 00:21:55,100 --> 00:21:56,100 assessment of the property. 653 00:21:56,100 --> 00:21:58,100 >> so even though it is zoned 654 00:21:58,100 --> 00:22:00,100 ag it isn't taxed as ag, 655 00:22:00,100 --> 00:22:02,100 assuming we approve the special 656 00:22:02,100 --> 00:22:05,100 use permit for this property? 657 00:22:06,100 --> 00:22:08,100 >> not a expert in tax law 658 00:22:08,100 --> 00:22:09,100 here, sorry. 659 00:22:09,100 --> 00:22:11,100 >> that would be correct, yes. 660 00:22:11,100 --> 00:22:13,100 >> thank you. 661 00:22:15,100 --> 00:22:17,100 >> thank you. 662 00:22:17,100 --> 00:22:19,100 any additional questions? 663 00:22:23,100 --> 00:22:25,100 alright. 664 00:22:25,100 --> 00:22:27,100 moving forward then I'll open 665 00:22:27,100 --> 00:22:28,100 the public hearing. 666 00:22:28,100 --> 00:22:30,100 on this zoning change, we have 667 00:22:30,100 --> 00:22:33,100 no one signed up to speak on 668 00:22:33,100 --> 00:22:34,100 the public hearing, so- 669 00:22:34,100 --> 00:22:37,100 >> chair janner, we did have 670 00:22:37,100 --> 00:22:39,100 one person signed up. 671 00:22:39,100 --> 00:22:41,100 >> I'm sorry. 672 00:22:42,100 --> 00:22:44,100 >> that's okay. 673 00:22:44,100 --> 00:22:45,100 thought you already showed me a 674 00:22:45,100 --> 00:22:46,100 blank one. 675 00:22:46,100 --> 00:22:48,100 my bad. 676 00:22:48,100 --> 00:22:49,100 alright. 677 00:22:49,100 --> 00:22:51,100 I'll open the public hearing. 678 00:22:51,100 --> 00:22:52,100 we do have one scheduled 679 00:22:52,100 --> 00:22:54,100 speaker. 680 00:22:55,100 --> 00:22:58,100 mr. Dan quackenbush, if you 681 00:22:58,100 --> 00:22:59,100 like to make your way to the 682 00:22:59,100 --> 00:23:00,100 podium. 683 00:23:00,100 --> 00:23:01,100 >> I'm here, I don't really 684 00:23:01,100 --> 00:23:04,601 have comment on this part of 685 00:23:05,100 --> 00:23:06,100 it. 686 00:23:06,100 --> 00:23:07,100 [inaudible] 687 00:23:07,100 --> 00:23:09,401 >> thank you very much. 688 00:23:10,100 --> 00:23:12,100 now I'll entertain a motion to 689 00:23:12,100 --> 00:23:14,401 close the public hearing. 690 00:23:15,100 --> 00:23:16,100 >> mr. Chair, I move to close 691 00:23:16,100 --> 00:23:18,100 the public hearing. 692 00:23:18,100 --> 00:23:19,100 >> thank you commissioner 693 00:23:19,100 --> 00:23:20,100 seeling. 694 00:23:20,100 --> 00:23:21,100 do I have a second? 695 00:23:21,100 --> 00:23:22,100 >> second. 696 00:23:22,100 --> 00:23:23,100 >> thank you commissioner 697 00:23:23,100 --> 00:23:24,100 chapman. 698 00:23:24,100 --> 00:23:25,100 all in favor say aye. 699 00:23:25,100 --> 00:23:26,100 opposed, nay. 700 00:23:26,100 --> 00:23:27,100 the public hearing is now 701 00:23:27,100 --> 00:23:28,100 closed. 702 00:23:28,100 --> 00:23:31,100 just for clarification, if you 703 00:23:31,100 --> 00:23:33,100 hadn't signed up mr. 704 00:23:33,100 --> 00:23:35,100 quackenbush do you want to be 705 00:23:35,100 --> 00:23:38,601 listed as a speaker on the 706 00:23:39,100 --> 00:23:41,100 other public hearing? 707 00:23:41,100 --> 00:23:42,100 you already are. 708 00:23:42,100 --> 00:23:43,100 want to make sure you are not 709 00:23:43,100 --> 00:23:45,100 sacrificing your right to 710 00:23:45,100 --> 00:23:46,100 speak. 711 00:23:46,100 --> 00:23:48,100 moving forward then, the public 712 00:23:48,100 --> 00:23:50,100 hearing is closed. 713 00:23:50,100 --> 00:23:51,100 commissioners, you have any 714 00:23:51,100 --> 00:23:53,100 additional questions? 715 00:23:55,100 --> 00:23:57,100 if not, I will entertain a 716 00:23:57,100 --> 00:23:59,401 motion for rz26-0013. 717 00:24:02,100 --> 00:24:03,100 >> mr. Chair, I don't have a 718 00:24:03,100 --> 00:24:06,100 question, but I have one 719 00:24:06,100 --> 00:24:07,100 comment and I think 720 00:24:07,100 --> 00:24:09,100 commissioner seeling got at 721 00:24:09,100 --> 00:24:11,100 this with the question as well. 722 00:24:11,100 --> 00:24:12,100 it seems to make more sense to 723 00:24:12,100 --> 00:24:16,100 me to-I'm going to be voting in 724 00:24:16,100 --> 00:24:18,100 support of this motion, but it 725 00:24:18,100 --> 00:24:20,100 with make more sense to me for 726 00:24:20,100 --> 00:24:24,100 it to be m3 or m2 with what's 727 00:24:24,100 --> 00:24:27,100 continuous in that area opposed 728 00:24:27,100 --> 00:24:28,100 to ag. 729 00:24:28,100 --> 00:24:29,100 especially as we know what is 730 00:24:29,100 --> 00:24:30,100 coming down the pipeline. 731 00:24:30,100 --> 00:24:32,100 that just a general comment as 732 00:24:32,100 --> 00:24:33,100 we do these rezonings. 733 00:24:33,100 --> 00:24:36,100 it makes a lot more sense to 734 00:24:36,100 --> 00:24:37,100 have it continuous with what's 735 00:24:37,100 --> 00:24:39,100 in the area opposed to we 736 00:24:39,100 --> 00:24:41,100 decided it wasn't going to be 737 00:24:41,100 --> 00:24:44,100 this but everything else around 738 00:24:45,100 --> 00:24:48,100 it is so have it as a holding: 739 00:24:48,100 --> 00:24:49,100 >> thank you for making that 740 00:24:49,100 --> 00:24:50,100 part of the record. 741 00:24:50,100 --> 00:24:51,100 alright. 742 00:24:51,100 --> 00:24:53,100 I will entertain a motion on 743 00:24:53,100 --> 00:24:55,100 rz26-0013. 744 00:25:01,100 --> 00:25:03,100 >> mr. Chair, I move to approve 745 00:25:03,100 --> 00:25:05,401 the rezoning rz26-0013. 746 00:25:09,100 --> 00:25:10,100 >> thank you commissioner 747 00:25:10,100 --> 00:25:11,100 corcoran. 748 00:25:11,100 --> 00:25:12,100 second? 749 00:25:12,100 --> 00:25:13,100 >> second. 750 00:25:13,100 --> 00:25:14,100 >> thank you commissioner 751 00:25:14,100 --> 00:25:16,100 terrones. 752 00:25:16,100 --> 00:25:19,100 roll call vote mrs. Will. 753 00:25:20,100 --> 00:25:22,100 [roll call] 754 00:25:29,100 --> 00:25:31,100 >> motion passes 8-0. 755 00:25:33,100 --> 00:25:34,100 >> alright. 756 00:25:34,100 --> 00:25:35,100 moving ahead. 757 00:25:35,100 --> 00:25:37,100 on the fourth public hearing, 758 00:25:37,100 --> 00:25:39,100 which is request for approval 759 00:25:39,100 --> 00:25:40,100 of special use permit for 760 00:25:40,100 --> 00:25:42,401 johnson county aggregates to 761 00:25:43,100 --> 00:25:45,100 existing quarry located old 56 762 00:25:45,100 --> 00:25:47,401 highway and west 159 street. 763 00:25:48,100 --> 00:25:50,100 welcome back mr. Jurey. 764 00:25:50,100 --> 00:25:51,100 >> thank you, chair, 765 00:25:51,100 --> 00:25:52,100 commissioners. 766 00:25:52,100 --> 00:25:55,100 so, yes, the existing quarry, 767 00:25:55,100 --> 00:25:58,100 jca is requesting to amend the 768 00:25:58,100 --> 00:26:00,401 1988 special use approval for 769 00:26:01,100 --> 00:26:02,100 the existing rock quarry 770 00:26:02,100 --> 00:26:05,100 located at northeast of old 56 771 00:26:05,100 --> 00:26:07,401 and 159 street outlined in 772 00:26:08,100 --> 00:26:10,100 yellow on the screen. 773 00:26:10,100 --> 00:26:12,401 jca existing rock crushing 774 00:26:13,100 --> 00:26:15,401 plant superior bones asphalt 775 00:26:16,100 --> 00:26:17,100 are located on the property as 776 00:26:17,100 --> 00:26:19,100 well as the point of sales 777 00:26:19,100 --> 00:26:21,100 office down in the southeast 778 00:26:21,100 --> 00:26:23,100 corner of the property. 779 00:26:23,100 --> 00:26:25,100 I will as point of correction 780 00:26:25,100 --> 00:26:27,100 on the staff report, the jca 781 00:26:27,100 --> 00:26:29,100 property is nearly 568 acres, 782 00:26:29,100 --> 00:26:32,100 including the pendage up here 783 00:26:33,100 --> 00:26:36,601 that is just north of the 151 784 00:26:37,100 --> 00:26:39,100 street alignment. 785 00:26:40,100 --> 00:26:43,100 the site was zoned m2 and m3 786 00:26:43,100 --> 00:26:45,100 back in 1988 and largely 787 00:26:45,100 --> 00:26:47,100 surrounded by industrial zoning 788 00:26:47,100 --> 00:26:49,100 to the south, east and west. 789 00:26:49,100 --> 00:26:52,100 residential rural or ag zoning 790 00:26:52,100 --> 00:26:55,100 as well to the north. 791 00:26:57,100 --> 00:27:00,100 in 1988, special use permit for 792 00:27:00,100 --> 00:27:01,100 rock quarry was approved with 793 00:27:01,100 --> 00:27:03,100 11 stipulations, including one 794 00:27:05,100 --> 00:27:08,100 that was requiring hundred foot 795 00:27:08,100 --> 00:27:10,401 buffer from that previous 796 00:27:11,100 --> 00:27:13,100 farmer's property. 797 00:27:14,100 --> 00:27:17,100 the jca is proposing to 798 00:27:18,100 --> 00:27:19,100 continue quarrying this 799 00:27:19,100 --> 00:27:21,100 property indefinitely approved 800 00:27:22,100 --> 00:27:25,100 back in 1988 and transition to 801 00:27:25,100 --> 00:27:27,401 underground mining in the 802 00:27:28,100 --> 00:27:29,100 future. 803 00:27:29,100 --> 00:27:30,100 they request to remove the 804 00:27:30,100 --> 00:27:31,100 hundred foot buffer and willing 805 00:27:31,100 --> 00:27:32,100 to add restrictions that comply 806 00:27:32,100 --> 00:27:34,401 with today's standards and 807 00:27:35,100 --> 00:27:36,100 improve the current situation, 808 00:27:36,100 --> 00:27:38,100 particularly regarding dust and 809 00:27:38,100 --> 00:27:40,100 air quality. 810 00:27:40,100 --> 00:27:43,601 shown on the screen are the 811 00:27:44,100 --> 00:27:45,100 above ground quarry limits 812 00:27:45,100 --> 00:27:47,100 which do comply with the 813 00:27:47,100 --> 00:27:49,100 setbacks established in 1988, 814 00:27:50,100 --> 00:27:51,100 two changes. 815 00:27:51,100 --> 00:27:53,100 first the hundred foot setback 816 00:27:53,100 --> 00:27:55,100 from the expansion quarry 817 00:27:55,100 --> 00:27:56,100 property would be removed to 818 00:27:56,100 --> 00:27:58,401 allow for one continuous 819 00:27:59,100 --> 00:28:01,100 operation and second, jca was 820 00:28:01,100 --> 00:28:04,100 willing to increase the cedar 821 00:28:04,100 --> 00:28:06,100 creek stream buffer setback 822 00:28:06,100 --> 00:28:08,100 from 50 feet to 120feet and 823 00:28:08,100 --> 00:28:11,100 that was to comply with today's 824 00:28:11,100 --> 00:28:12,100 stream buffer requirements 825 00:28:12,100 --> 00:28:14,100 adopted after the 1988 826 00:28:15,100 --> 00:28:17,100 approval. 827 00:28:19,100 --> 00:28:21,100 the 1988 special use did 828 00:28:21,100 --> 00:28:23,100 require birms along public 829 00:28:23,100 --> 00:28:25,100 records and hundred foot buffer 830 00:28:25,100 --> 00:28:26,100 from the expansion property as 831 00:28:26,100 --> 00:28:27,100 well. 832 00:28:27,100 --> 00:28:30,100 today the quarry is visible 833 00:28:30,100 --> 00:28:33,100 from 151 street and the also 834 00:28:36,100 --> 00:28:38,401 from the 159 street bridge. 835 00:28:40,100 --> 00:28:41,100 the applicant is willing to 836 00:28:41,100 --> 00:28:44,100 install a birm down in that 837 00:28:44,100 --> 00:28:45,100 along the bridge area down 838 00:28:45,100 --> 00:28:48,100 there in the south side of the 839 00:28:48,100 --> 00:28:51,100 property to in essence screen 840 00:28:51,100 --> 00:28:54,100 that existing quarry from view 841 00:28:54,100 --> 00:28:56,100 on 159. 842 00:28:56,100 --> 00:28:59,100 as for the hundred foot buffer 843 00:28:59,100 --> 00:29:01,100 agreed to stipulation that 844 00:29:01,100 --> 00:29:03,100 requires to install a birm 845 00:29:03,100 --> 00:29:05,100 where necessary to screen the 846 00:29:05,100 --> 00:29:06,100 quarry from public view, 847 00:29:06,100 --> 00:29:08,100 whether that is on the 848 00:29:08,100 --> 00:29:10,401 expansion quarry property, or 849 00:29:11,100 --> 00:29:13,100 on their own property in the 850 00:29:13,100 --> 00:29:15,100 future. 851 00:29:19,100 --> 00:29:21,100 jca is also proposing to 852 00:29:21,100 --> 00:29:23,100 transition to underground rock 853 00:29:23,100 --> 00:29:24,100 mining. 854 00:29:24,100 --> 00:29:25,100 shown on the screen are the 855 00:29:25,100 --> 00:29:27,100 proposed underground mine 856 00:29:27,100 --> 00:29:28,100 limits. 857 00:29:28,100 --> 00:29:29,100 these do comply with today's 858 00:29:29,100 --> 00:29:31,100 required 200 foot setback for 859 00:29:31,100 --> 00:29:33,100 underground along the perimeter 860 00:29:33,100 --> 00:29:36,100 of the site, and also the 120 861 00:29:36,100 --> 00:29:37,100 foot stream buffer requirement 862 00:29:37,100 --> 00:29:39,401 that I mentioned previously. 863 00:29:42,100 --> 00:29:44,100 jca is willing to reclaim the 864 00:29:44,100 --> 00:29:47,100 property in two phases whereas, 865 00:29:47,100 --> 00:29:48,100 phase reclamation wasn't 866 00:29:48,100 --> 00:29:50,100 required in 1988. 867 00:29:51,100 --> 00:29:54,100 so, in 15 years jca will 868 00:29:54,100 --> 00:29:56,100 reclaim roughly 110 acres in 869 00:29:56,100 --> 00:29:57,100 the southwest corner of the 870 00:29:57,100 --> 00:30:00,601 site for phase 1 and there will 871 00:30:01,100 --> 00:30:03,100 be a birm required between 872 00:30:03,100 --> 00:30:05,100 phases 1 and 2 to insure the 873 00:30:05,100 --> 00:30:07,100 quarry remains completely 874 00:30:07,100 --> 00:30:08,100 screened. 875 00:30:08,100 --> 00:30:09,100 for phase 2, this area will not 876 00:30:09,100 --> 00:30:11,100 be reclaimed until quarrying 877 00:30:11,100 --> 00:30:13,100 and mining is complete as this 878 00:30:13,100 --> 00:30:16,100 is where the rock crusher, 879 00:30:16,100 --> 00:30:18,100 stock piling and sales will 880 00:30:18,100 --> 00:30:20,100 continue to occur. 881 00:30:21,100 --> 00:30:23,100 the applicant provided a future 882 00:30:23,100 --> 00:30:25,100 concept plan to show how the 883 00:30:25,100 --> 00:30:26,100 existing quarry could be 884 00:30:26,100 --> 00:30:27,100 developed. 885 00:30:27,100 --> 00:30:29,100 buildings are shown along the 886 00:30:29,100 --> 00:30:32,100 north and the west boundaries, 887 00:30:33,100 --> 00:30:36,100 and quarried areas in essence 888 00:30:37,100 --> 00:30:39,100 the rest of the property is not 889 00:30:39,100 --> 00:30:41,100 expected to be able to support 890 00:30:41,100 --> 00:30:44,100 buildings due to removal of bed 891 00:30:44,100 --> 00:30:46,100 rock from the surface quarrying 892 00:30:46,100 --> 00:30:47,100 operations. 893 00:30:47,100 --> 00:30:48,100 however, this area could 894 00:30:48,100 --> 00:30:50,100 support pavement and small 895 00:30:50,100 --> 00:30:52,100 structures as well. 896 00:30:52,100 --> 00:30:54,100 as stipulated, the undergrounds 897 00:30:54,100 --> 00:30:57,100 mine will be engineered to 898 00:31:00,100 --> 00:31:02,100 support. 899 00:31:05,100 --> 00:31:06,100 the comprehensive plan 900 00:31:06,100 --> 00:31:07,100 designate the property as parks 901 00:31:07,100 --> 00:31:09,100 and open space. 902 00:31:10,100 --> 00:31:11,100 while the existing quarry 903 00:31:11,100 --> 00:31:14,601 doesn't align with the land use 904 00:31:16,100 --> 00:31:17,100 designation the property will 905 00:31:17,100 --> 00:31:19,100 be reclaimed open space after 906 00:31:19,100 --> 00:31:21,100 the site is reclaimed. 907 00:31:21,100 --> 00:31:22,100 agreed to stipulations to 908 00:31:22,100 --> 00:31:23,100 insure the property could be 909 00:31:23,100 --> 00:31:24,100 developed as shown in the 910 00:31:24,100 --> 00:31:26,100 future. 911 00:31:26,100 --> 00:31:28,100 this preserves future 912 00:31:28,100 --> 00:31:29,100 flexibility for development in 913 00:31:29,100 --> 00:31:30,100 the event the comp plan vision 914 00:31:30,100 --> 00:31:33,601 does change from the parks and 915 00:31:34,100 --> 00:31:36,401 open space designation today, 916 00:31:37,100 --> 00:31:39,100 since this quarry probably 917 00:31:39,100 --> 00:31:41,100 won't be reclaimed for a while 918 00:31:41,100 --> 00:31:43,100 with indefinite approval as 919 00:31:43,100 --> 00:31:45,401 they received back in 1988. 920 00:31:47,100 --> 00:31:49,100 in addition, the proposal does 921 00:31:49,100 --> 00:31:51,100 meet goals and strategies of 922 00:31:51,100 --> 00:31:52,100 the comp plan. 923 00:31:52,100 --> 00:31:55,100 willing to add stipulations to 924 00:31:55,100 --> 00:31:57,100 the existing quarry not 925 00:31:57,100 --> 00:31:58,100 established in 1988. 926 00:31:58,100 --> 00:32:00,100 these additional stips will 927 00:32:00,100 --> 00:32:02,100 minimize negative impacts and 928 00:32:02,100 --> 00:32:04,100 provide greater corridor 929 00:32:04,100 --> 00:32:07,100 setback, meeting lu2.9 and any 930 00:32:09,100 --> 00:32:11,100 12.1. 931 00:32:14,100 --> 00:32:16,100 all neighborhood and public 932 00:32:16,100 --> 00:32:17,100 notice requirements have been 933 00:32:17,100 --> 00:32:19,401 met and neighborhood meeting 934 00:32:20,100 --> 00:32:21,100 was not required for the 935 00:32:21,100 --> 00:32:22,100 existing quarry as no 936 00:32:22,100 --> 00:32:24,100 neighborhoods are within the 937 00:32:24,100 --> 00:32:26,100 500 foot required buffer area. 938 00:32:26,100 --> 00:32:28,100 staff did receive written 939 00:32:28,100 --> 00:32:29,100 comments from six individuals 940 00:32:29,100 --> 00:32:31,100 included in the agenda and also 941 00:32:31,100 --> 00:32:33,100 received since publication 942 00:32:33,100 --> 00:32:35,401 received I believe five 943 00:32:36,100 --> 00:32:38,100 additional written comments, 944 00:32:38,100 --> 00:32:39,100 even the last one coming 945 00:32:39,100 --> 00:32:42,100 through after 5 today I believe 946 00:32:42,100 --> 00:32:44,100 we provided to you in print 947 00:32:44,100 --> 00:32:45,100 form. 948 00:32:45,100 --> 00:32:48,601 so, these will be forwarded as 949 00:32:49,100 --> 00:32:51,100 well to the city council 950 00:32:51,100 --> 00:32:52,100 packet. 951 00:32:52,100 --> 00:32:54,100 in general, this correspondence 952 00:32:54,100 --> 00:32:56,100 include feedback about air 953 00:32:56,100 --> 00:32:58,100 quality or dust in general and 954 00:32:58,100 --> 00:33:01,100 the health impact that, rock 955 00:33:01,100 --> 00:33:03,100 spillage on public roads, 956 00:33:03,100 --> 00:33:05,100 blasting, the noise and ground 957 00:33:05,100 --> 00:33:07,401 vibration associated well as 958 00:33:09,100 --> 00:33:10,100 water quality and impact to 959 00:33:10,100 --> 00:33:12,100 property values. 960 00:33:12,100 --> 00:33:14,100 to address dust and rock 961 00:33:14,100 --> 00:33:17,100 spillage, jca will reclaim the 962 00:33:17,100 --> 00:33:19,100 110 acres in 15 years reducing 963 00:33:19,100 --> 00:33:21,100 a source of dust from wind 964 00:33:21,100 --> 00:33:24,100 erosion and other dust sources 965 00:33:25,100 --> 00:33:27,401 from that 110 acre site. 966 00:33:28,100 --> 00:33:30,100 they will also remove the 967 00:33:30,100 --> 00:33:32,100 existing drive on old 56 968 00:33:32,100 --> 00:33:34,100 limiting potential track-out 969 00:33:34,100 --> 00:33:36,100 dust and rock spillage along 970 00:33:36,100 --> 00:33:38,401 old 56 and limiting track-out 971 00:33:40,100 --> 00:33:42,100 to only 159 street. 972 00:33:43,100 --> 00:33:46,100 in addition, jca submitted a 973 00:33:46,100 --> 00:33:47,100 dust control plan as reviewed 974 00:33:47,100 --> 00:33:48,100 by the johnson county 975 00:33:48,100 --> 00:33:50,100 department of air and by third 976 00:33:50,100 --> 00:33:52,401 party specialist, joseph who 977 00:33:53,100 --> 00:33:55,100 does specialize in air quality 978 00:33:55,100 --> 00:33:56,100 compliance. 979 00:33:56,100 --> 00:33:57,100 this plan will reduce dust from 980 00:33:57,100 --> 00:33:58,100 current levels in a variety of 981 00:33:58,100 --> 00:33:59,100 ways. 982 00:33:59,100 --> 00:34:02,100 first foremost, jca agreed to 983 00:34:04,100 --> 00:34:06,100 monitor dust levels 984 00:34:06,100 --> 00:34:07,100 periodically using a 985 00:34:07,100 --> 00:34:10,100 combination of lab testing as 986 00:34:10,100 --> 00:34:12,100 well as real time censors they 987 00:34:12,100 --> 00:34:14,100 will deploy in the field. 988 00:34:14,100 --> 00:34:16,100 second, the rock crushing 989 00:34:16,100 --> 00:34:18,100 plant, which is a major source 990 00:34:18,100 --> 00:34:21,100 of dust will be up graded with 991 00:34:21,100 --> 00:34:23,100 new dust suppression equipment 992 00:34:23,100 --> 00:34:25,100 and operations will be scaled 993 00:34:25,100 --> 00:34:27,100 back on windy days and they 994 00:34:27,100 --> 00:34:30,100 will have train spotters to 995 00:34:32,100 --> 00:34:34,100 notice the requirements. 996 00:34:34,100 --> 00:34:35,100 to address the next biggest 997 00:34:35,100 --> 00:34:37,100 source of dust, vehicle 998 00:34:37,100 --> 00:34:38,100 movement. 999 00:34:38,100 --> 00:34:41,601 jca is chip unpaved roads and 1000 00:34:46,100 --> 00:34:48,100 installing track-out control 1001 00:34:49,100 --> 00:34:51,100 devices where pavement 1002 00:34:51,100 --> 00:34:53,100 transitions to unpaved haul 1003 00:34:53,100 --> 00:34:54,100 roads internally. 1004 00:34:54,100 --> 00:34:55,100 in addition, they are 1005 00:34:55,100 --> 00:34:56,100 committing to daily street 1006 00:34:56,100 --> 00:34:58,401 sweeping along 159 street and 1007 00:34:59,100 --> 00:35:01,401 they did purchase vacuum 1008 00:35:02,100 --> 00:35:04,100 sweeper for that as well. 1009 00:35:04,100 --> 00:35:07,100 so, most importantly I will say 1010 00:35:07,100 --> 00:35:10,601 the dust control plan is a 1011 00:35:11,100 --> 00:35:12,100 living document. 1012 00:35:12,100 --> 00:35:14,100 they have agreed to review it 1013 00:35:14,100 --> 00:35:16,100 and adjust it as necessary 1014 00:35:16,100 --> 00:35:18,100 annually through a meeting with 1015 00:35:18,100 --> 00:35:19,100 staff. 1016 00:35:19,100 --> 00:35:20,100 we can adjust that as the 1017 00:35:20,100 --> 00:35:22,401 quarry changes, quarry will 1018 00:35:23,100 --> 00:35:25,100 change over the years and 1019 00:35:25,100 --> 00:35:28,100 sources of dust and where it 1020 00:35:28,100 --> 00:35:31,100 comes from as they quarry 1021 00:35:31,100 --> 00:35:32,100 through the site so the ability 1022 00:35:32,100 --> 00:35:34,100 to change that as their 1023 00:35:34,100 --> 00:35:35,100 operations change will be 1024 00:35:35,100 --> 00:35:37,100 beneficial. 1025 00:35:38,100 --> 00:35:41,601 lastly, I will say jca will 1026 00:35:42,100 --> 00:35:45,100 maintain a complaint log and 1027 00:35:46,100 --> 00:35:48,100 willing to report to city 1028 00:35:48,100 --> 00:35:50,100 council for compliance. 1029 00:35:50,100 --> 00:35:53,100 as for blasting, jca submitted 1030 00:35:54,100 --> 00:35:55,100 a report to confirm the blasts 1031 00:35:55,100 --> 00:35:58,100 complied with the u.s. Bureau 1032 00:35:58,100 --> 00:35:59,100 mines blasting limits which is 1033 00:35:59,100 --> 00:36:01,100 a well established national 1034 00:36:01,100 --> 00:36:03,100 standard and olathe standard 1035 00:36:03,100 --> 00:36:04,100 for that fact. 1036 00:36:04,100 --> 00:36:06,100 in the last year, blast did 1037 00:36:06,100 --> 00:36:09,100 occur in the purple area on the 1038 00:36:09,100 --> 00:36:12,100 screen and the seismic readings 1039 00:36:13,100 --> 00:36:15,100 were taken from two locations 1040 00:36:15,100 --> 00:36:18,601 up north there and then on 1041 00:36:19,100 --> 00:36:21,401 their expansion quarry property 1042 00:36:22,100 --> 00:36:24,100 towards the northwest. 1043 00:36:26,100 --> 00:36:29,100 so, as you can see on the graph 1044 00:36:29,100 --> 00:36:31,100 on the right side of the 1045 00:36:31,100 --> 00:36:33,401 screen, the peak seismic 1046 00:36:34,100 --> 00:36:35,100 reading for all the blasts that 1047 00:36:35,100 --> 00:36:38,601 occurred in the last year have 1048 00:36:39,100 --> 00:36:42,100 fallen well below the legal 1049 00:36:42,100 --> 00:36:45,100 limits of olathe standards for 1050 00:36:46,100 --> 00:36:48,100 ground vibration. 1051 00:36:50,100 --> 00:36:53,100 so, in summary, jca agreed to 1052 00:36:53,100 --> 00:36:54,100 place additional restrictions 1053 00:36:54,100 --> 00:36:56,100 on their existing quarry. 1054 00:36:56,100 --> 00:36:57,100 that is currently allowed to 1055 00:36:57,100 --> 00:36:59,100 remain indefinitely. 1056 00:36:59,100 --> 00:37:01,100 the request meets approval 1057 00:37:01,100 --> 00:37:04,100 criteria and aligns in the comp 1058 00:37:04,100 --> 00:37:05,100 plan. 1059 00:37:05,100 --> 00:37:06,100 with that, staff recommends 1060 00:37:06,100 --> 00:37:08,100 approval of the requested 1061 00:37:08,100 --> 00:37:09,100 amendment with the stipulations 1062 00:37:09,100 --> 00:37:11,401 outlined in staff's report. 1063 00:37:14,100 --> 00:37:15,100 too long to fit on the page I 1064 00:37:15,100 --> 00:37:17,100 will say, so mention the topics 1065 00:37:17,100 --> 00:37:19,100 here. 1066 00:37:19,100 --> 00:37:21,100 jca is willing to limit hours 1067 00:37:21,100 --> 00:37:23,401 of operation, blasting stips, 1068 00:37:26,100 --> 00:37:27,100 screening or visibility stips, 1069 00:37:27,100 --> 00:37:29,100 air quality, water quality, 1070 00:37:29,100 --> 00:37:32,100 transparency for the public, as 1071 00:37:32,100 --> 00:37:34,100 well as making sure the mine is 1072 00:37:34,100 --> 00:37:36,100 engineered appropriately for 1073 00:37:38,100 --> 00:37:40,100 future land use and reclamation 1074 00:37:40,100 --> 00:37:42,100 for the property. 1075 00:37:42,100 --> 00:37:43,100 with that, I will stand for any 1076 00:37:43,100 --> 00:37:44,100 questions. 1077 00:37:44,100 --> 00:37:45,100 that is lot of information so 1078 00:37:45,100 --> 00:37:46,100 if you have questions I'm 1079 00:37:46,100 --> 00:37:49,100 available as well as curtis 1080 00:37:50,100 --> 00:37:52,100 peterson and dan jones. 1081 00:37:52,100 --> 00:37:53,100 >> thank you mr. Jurey. 1082 00:37:53,100 --> 00:37:54,100 commissioners, you have any 1083 00:37:54,100 --> 00:37:56,100 questions for staff? 1084 00:37:56,100 --> 00:37:58,100 >> thank you chair. 1085 00:37:58,100 --> 00:37:59,100 thank you nathan. 1086 00:37:59,100 --> 00:38:01,100 good presentation. 1087 00:38:01,100 --> 00:38:04,100 a lot of topics here. 1088 00:38:04,100 --> 00:38:06,100 I will ask about the dust 1089 00:38:06,100 --> 00:38:07,100 control monitoring. 1090 00:38:07,100 --> 00:38:08,100 I know it it goes to property 1091 00:38:08,100 --> 00:38:11,100 both of the applications we 1092 00:38:11,100 --> 00:38:13,100 will be looking at here 1093 00:38:13,100 --> 00:38:14,100 tonight. 1094 00:38:14,100 --> 00:38:17,100 so, there have been a lot of 1095 00:38:17,100 --> 00:38:18,100 comments regarding the problem 1096 00:38:18,100 --> 00:38:21,100 with dust and the current 1097 00:38:21,100 --> 00:38:23,100 quarrying situation. 1098 00:38:24,100 --> 00:38:25,100 the applicant has a plan to 1099 00:38:25,100 --> 00:38:26,100 control that. 1100 00:38:26,100 --> 00:38:29,100 I guess my question is, what is 1101 00:38:29,100 --> 00:38:31,100 the baseline established to 1102 00:38:31,100 --> 00:38:33,100 determine that in fact we have 1103 00:38:33,100 --> 00:38:36,100 a problem that exceeds an 1104 00:38:36,100 --> 00:38:37,100 acceptable baseline? 1105 00:38:37,100 --> 00:38:38,100 is there a baseline established 1106 00:38:38,100 --> 00:38:40,100 with regards to air quality in 1107 00:38:40,100 --> 00:38:42,100 the area as it relates to the 1108 00:38:42,100 --> 00:38:43,100 mining operations? 1109 00:38:43,100 --> 00:38:46,100 >> so, they do comply with the 1110 00:38:46,100 --> 00:38:49,100 current standards for the rock 1111 00:38:50,100 --> 00:38:51,100 crusher. 1112 00:38:51,100 --> 00:38:52,100 that is particularly what is 1113 00:38:52,100 --> 00:38:53,100 the biggest source of dust. 1114 00:38:53,100 --> 00:38:56,100 so, that is what the state and 1115 00:38:56,100 --> 00:38:59,100 johnson county air division do 1116 00:38:59,100 --> 00:39:01,100 inspect that annually and do 1117 00:39:01,100 --> 00:39:02,100 comply. 1118 00:39:02,100 --> 00:39:04,100 what they are doing is in 1119 00:39:04,100 --> 00:39:06,100 addition and beyond that. 1120 00:39:06,100 --> 00:39:09,100 so, the legal limits are set by 1121 00:39:09,100 --> 00:39:12,601 the state for the rock crusher, 1122 00:39:13,100 --> 00:39:15,100 and they are in compliance with 1123 00:39:15,100 --> 00:39:16,100 that. 1124 00:39:16,100 --> 00:39:17,100 they are just proposing to 1125 00:39:17,100 --> 00:39:19,100 improve the situation. 1126 00:39:19,100 --> 00:39:22,100 >> is the-they talk about in 1127 00:39:22,100 --> 00:39:25,100 the report, talk about they are 1128 00:39:25,100 --> 00:39:27,100 going to significantly upgrade 1129 00:39:27,100 --> 00:39:29,100 the dust suppression system. 1130 00:39:29,100 --> 00:39:30,100 is the current one not 1131 00:39:30,100 --> 00:39:32,100 adequate? 1132 00:39:32,100 --> 00:39:33,100 >> not adequate. 1133 00:39:33,100 --> 00:39:36,601 >> so, I will say, the legal 1134 00:39:38,100 --> 00:39:40,100 limits of what the rock crusher 1135 00:39:40,100 --> 00:39:44,801 can do are set by the state and 1136 00:39:45,100 --> 00:39:48,100 federal epa, and they are in 1137 00:39:48,100 --> 00:39:50,100 compliance with those 1138 00:39:50,100 --> 00:39:51,100 standards. 1139 00:39:51,100 --> 00:39:52,100 >> okay. 1140 00:39:52,100 --> 00:39:53,100 I guess what I'm trying to 1141 00:39:53,100 --> 00:39:54,100 understand here, if we are 1142 00:39:54,100 --> 00:39:57,100 having-if there is issue with 1143 00:39:57,100 --> 00:39:58,100 the air quality with the 1144 00:39:58,100 --> 00:40:00,100 current suppression system in 1145 00:40:00,100 --> 00:40:04,100 place, I guess to me just seems 1146 00:40:04,100 --> 00:40:06,100 we have a issue that needs to 1147 00:40:06,100 --> 00:40:08,100 be addressed and I'm curious, 1148 00:40:08,100 --> 00:40:09,100 is the upgrade going to address 1149 00:40:09,100 --> 00:40:11,100 the issue, because the comments 1150 00:40:11,100 --> 00:40:14,100 we hear is that there is a dust 1151 00:40:14,100 --> 00:40:16,100 problem out there. 1152 00:40:16,100 --> 00:40:18,100 and the other thing I'm curious 1153 00:40:18,100 --> 00:40:20,100 about and will probably flow 1154 00:40:20,100 --> 00:40:21,100 over into both of these 1155 00:40:21,100 --> 00:40:23,100 applications, there a comment 1156 00:40:23,100 --> 00:40:26,601 in here about send samples for 1157 00:40:29,100 --> 00:40:31,401 asbestos and silicate testing. 1158 00:40:32,100 --> 00:40:34,100 how often is that done and what 1159 00:40:34,100 --> 00:40:37,100 is the protocol if in fact they 1160 00:40:37,100 --> 00:40:38,100 test positive? 1161 00:40:38,100 --> 00:40:41,100 >> so, they are proposing to 1162 00:40:44,100 --> 00:40:46,100 test for those two items four 1163 00:40:46,100 --> 00:40:48,100 times a year, quarterly in 1164 00:40:48,100 --> 00:40:50,100 essence, and I will say that 1165 00:40:50,100 --> 00:40:52,100 there are legal limits for 1166 00:40:52,100 --> 00:40:56,201 those as well and the mine I 1167 00:40:57,100 --> 00:40:59,100 believe the mine safety health 1168 00:40:59,100 --> 00:41:01,100 administration which is federal 1169 00:41:01,100 --> 00:41:03,100 administration does regulate 1170 00:41:03,100 --> 00:41:04,100 that for worker safety, so they 1171 00:41:04,100 --> 00:41:06,100 have limits within the quarry 1172 00:41:06,100 --> 00:41:08,100 itself that they need to adhere 1173 00:41:08,100 --> 00:41:09,100 to for their own workers. 1174 00:41:09,100 --> 00:41:10,100 >> thank you. 1175 00:41:10,100 --> 00:41:11,100 this probably is maybe a 1176 00:41:11,100 --> 00:41:13,100 question more for the 1177 00:41:13,100 --> 00:41:14,100 applicant, but the question, 1178 00:41:14,100 --> 00:41:15,100 what is the protocol if they 1179 00:41:15,100 --> 00:41:17,100 exceed the limits? 1180 00:41:17,100 --> 00:41:19,100 for the safety of the 1181 00:41:19,100 --> 00:41:21,100 neighborhoods around? 1182 00:41:21,100 --> 00:41:23,100 >> I might differ to that. 1183 00:41:23,100 --> 00:41:25,100 >> that's fine. 1184 00:41:26,100 --> 00:41:27,100 thank you. 1185 00:41:27,100 --> 00:41:28,100 >> thank you commissioner 1186 00:41:28,100 --> 00:41:29,100 chapman. 1187 00:41:29,100 --> 00:41:31,401 other questions for staff? 1188 00:41:32,100 --> 00:41:34,100 commissioner seeling. 1189 00:41:34,100 --> 00:41:36,100 >> thank you, sir again for the 1190 00:41:36,100 --> 00:41:37,100 presentation. 1191 00:41:37,100 --> 00:41:39,100 this may go to the next 1192 00:41:39,100 --> 00:41:40,100 hearing. 1193 00:41:40,100 --> 00:41:41,100 not sure, but you mentioned it 1194 00:41:41,100 --> 00:41:42,100 so thought I bring it up so I 1195 00:41:42,100 --> 00:41:44,100 don't miss my chance to ask. 1196 00:41:44,100 --> 00:41:47,100 on one of the slides you were 1197 00:41:47,100 --> 00:41:48,100 showing buffering or birming 1198 00:41:48,100 --> 00:41:50,401 and you had--thank you. 1199 00:41:53,100 --> 00:41:55,100 so, I guess you mentioned on 1200 00:41:55,100 --> 00:41:58,100 the new property and I'm 1201 00:41:58,100 --> 00:42:00,100 specifically talking about the 1202 00:42:00,100 --> 00:42:01,100 north and northwest and west, 1203 00:42:01,100 --> 00:42:03,100 will they be birming that area 1204 00:42:03,100 --> 00:42:05,100 along old 56 highway? 1205 00:42:06,100 --> 00:42:08,100 >> in this area? 1206 00:42:09,100 --> 00:42:10,100 >> yes. 1207 00:42:10,100 --> 00:42:14,100 >> so, yes, on the next case it 1208 00:42:14,100 --> 00:42:15,100 shows that. 1209 00:42:15,100 --> 00:42:16,100 there is a stipulation that 1210 00:42:16,100 --> 00:42:19,100 says regardless this does need 1211 00:42:19,100 --> 00:42:22,100 to be screened from view. 1212 00:42:22,100 --> 00:42:23,100 we don't say what property it 1213 00:42:23,100 --> 00:42:26,100 has to be on, just has to be-it 1214 00:42:26,100 --> 00:42:28,100 is performance standard and has 1215 00:42:28,100 --> 00:42:29,100 to be screened. 1216 00:42:29,100 --> 00:42:30,100 >> why does that need to be 1217 00:42:30,100 --> 00:42:32,100 screened? 1218 00:42:32,100 --> 00:42:34,100 >> so, udo has a requirement 1219 00:42:34,100 --> 00:42:37,100 for any outdoor use outdoor 1220 00:42:37,100 --> 00:42:38,100 operations and the screening 1221 00:42:38,100 --> 00:42:40,401 that is required throughout 1222 00:42:41,100 --> 00:42:42,100 udo. 1223 00:42:42,100 --> 00:42:44,100 >> okay. 1224 00:42:44,100 --> 00:42:45,100 again, next hearing but you 1225 00:42:45,100 --> 00:42:46,100 brought it up, so should 1226 00:42:46,100 --> 00:42:49,100 approval happen for the next 1227 00:42:49,100 --> 00:42:51,100 piece of land, they will birm 1228 00:42:51,100 --> 00:42:53,100 it in that area you just 1229 00:42:53,100 --> 00:42:54,100 marked? 1230 00:42:54,100 --> 00:42:55,100 >> correct. 1231 00:42:55,100 --> 00:42:56,100 >> thank you. 1232 00:42:56,100 --> 00:42:57,100 second question, you mentioned 1233 00:42:57,100 --> 00:42:59,100 the biggest source of dust is 1234 00:42:59,100 --> 00:43:01,100 from the rock crusher. 1235 00:43:01,100 --> 00:43:03,100 you mentioned they are going to 1236 00:43:03,100 --> 00:43:04,100 up grade on the rock crusher to 1237 00:43:04,100 --> 00:43:05,100 control the dust. 1238 00:43:05,100 --> 00:43:07,100 is that a stipulation or is 1239 00:43:07,100 --> 00:43:09,100 that an agreement? 1240 00:43:09,100 --> 00:43:11,100 >> so, that is in the dust 1241 00:43:11,100 --> 00:43:12,100 control plan before you 1242 00:43:12,100 --> 00:43:13,100 tonight. 1243 00:43:13,100 --> 00:43:15,100 there is a stipulation that 1244 00:43:15,100 --> 00:43:18,601 says they need to install that 1245 00:43:20,100 --> 00:43:21,100 by date certain. 1246 00:43:21,100 --> 00:43:23,100 >> thank you, sir. 1247 00:43:23,100 --> 00:43:24,100 >> additional questions? 1248 00:43:24,100 --> 00:43:26,100 commissioner lynn. 1249 00:43:28,100 --> 00:43:29,100 >> thank you mr. Chair. 1250 00:43:29,100 --> 00:43:31,100 following up on commissioner 1251 00:43:31,100 --> 00:43:32,100 chapman question, for the 1252 00:43:32,100 --> 00:43:35,100 testing results, I see those 1253 00:43:35,100 --> 00:43:37,100 results are reported to the 1254 00:43:37,100 --> 00:43:39,100 johnson county department of 1255 00:43:39,100 --> 00:43:40,100 health and environment yearly 1256 00:43:40,100 --> 00:43:41,100 and it is available for the 1257 00:43:41,100 --> 00:43:43,100 public to see. 1258 00:43:44,100 --> 00:43:46,100 is there a requirement to 1259 00:43:46,100 --> 00:43:48,100 inform the public should it be 1260 00:43:48,100 --> 00:43:51,601 found to be out of compliance? 1261 00:43:52,100 --> 00:43:54,100 >> I don't know what johnson 1262 00:43:54,100 --> 00:43:56,100 county protocol is. 1263 00:43:57,100 --> 00:44:00,100 I am not entirely sure. 1264 00:44:00,100 --> 00:44:01,100 but, if we find anything out of 1265 00:44:01,100 --> 00:44:04,100 compliance, we'll have our own 1266 00:44:04,100 --> 00:44:06,100 standards to address it with 1267 00:44:06,100 --> 00:44:08,100 them particularly. 1268 00:44:08,100 --> 00:44:09,100 >> okay. 1269 00:44:09,100 --> 00:44:11,100 thank you. 1270 00:44:11,100 --> 00:44:12,100 >> one question mr. Jurey, you 1271 00:44:12,100 --> 00:44:15,100 had made comment when we were 1272 00:44:15,100 --> 00:44:17,100 on the topic of blasting that 1273 00:44:17,100 --> 00:44:19,100 they were meeting the olathe 1274 00:44:19,100 --> 00:44:21,100 limits where the blasting is. 1275 00:44:21,100 --> 00:44:24,100 as far a olathe limits, does 1276 00:44:24,100 --> 00:44:25,100 that mean there are state and 1277 00:44:25,100 --> 00:44:27,100 federal limits on that and if 1278 00:44:27,100 --> 00:44:29,100 there are olathe limits, how 1279 00:44:29,100 --> 00:44:31,100 are they set and do they 1280 00:44:31,100 --> 00:44:32,100 differ? 1281 00:44:32,100 --> 00:44:35,100 >> so, the seismic- the graph 1282 00:44:37,100 --> 00:44:40,100 here, this is a u.s. Bureau of 1283 00:44:40,100 --> 00:44:42,401 mines limits they established. 1284 00:44:45,100 --> 00:44:46,100 not entirely sure when they 1285 00:44:46,100 --> 00:44:47,100 established them, about they 1286 00:44:47,100 --> 00:44:49,100 were established by u.s. Bureau 1287 00:44:49,100 --> 00:44:51,100 of mines and- 1288 00:44:51,100 --> 00:44:52,100 >> so that is federal? 1289 00:44:52,100 --> 00:44:54,100 >> yeah, federal. 1290 00:44:55,100 --> 00:44:58,100 we follow that I believe state 1291 00:44:58,100 --> 00:45:00,100 probably follows that too and 1292 00:45:00,100 --> 00:45:02,401 any other-each state decides 1293 00:45:03,100 --> 00:45:04,100 whether they follow that or 1294 00:45:04,100 --> 00:45:05,100 have stricter requirements. 1295 00:45:05,100 --> 00:45:07,100 >> when we talk about federal 1296 00:45:07,100 --> 00:45:08,100 or state or olathe, we are 1297 00:45:08,100 --> 00:45:10,100 pretty much all following the 1298 00:45:10,100 --> 00:45:11,100 same guideline on this? 1299 00:45:11,100 --> 00:45:12,100 >> yes. 1300 00:45:12,100 --> 00:45:13,100 >> thank you. 1301 00:45:13,100 --> 00:45:15,100 any additional questions? 1302 00:45:15,100 --> 00:45:17,100 commissioner corcoran. 1303 00:45:18,100 --> 00:45:19,100 >> who owns the triangle piece 1304 00:45:19,100 --> 00:45:22,100 of property on the northwest on 1305 00:45:22,100 --> 00:45:24,100 the north and west side of 56 1306 00:45:24,100 --> 00:45:25,100 highway? 1307 00:45:25,100 --> 00:45:28,100 >> the north and west side. 1308 00:45:30,100 --> 00:45:32,100 right here? 1309 00:45:32,100 --> 00:45:34,100 right there? 1310 00:45:34,100 --> 00:45:35,100 >> yes. 1311 00:45:35,100 --> 00:45:37,100 >> that is right-of-way 1312 00:45:37,100 --> 00:45:38,100 currently. 1313 00:45:38,100 --> 00:45:39,100 >> it is all right-of-way? 1314 00:45:39,100 --> 00:45:40,100 thank you. 1315 00:45:40,100 --> 00:45:42,100 >> owned by johnson county. 1316 00:45:42,100 --> 00:45:44,100 >> thank you. 1317 00:45:44,100 --> 00:45:45,100 >> okay. 1318 00:45:45,100 --> 00:45:46,100 any additional questions for 1319 00:45:46,100 --> 00:45:48,100 staff? 1320 00:45:48,100 --> 00:45:50,100 commissioner bergida. 1321 00:45:50,100 --> 00:45:51,100 >> thank you mr. Chairman. 1322 00:45:51,100 --> 00:45:53,100 going back to some of the 1323 00:45:53,100 --> 00:45:55,401 questions about dust, I'm 1324 00:45:56,100 --> 00:45:57,100 reading the stipulations from 1325 00:45:57,100 --> 00:45:59,401 1988, and stipulation d talks 1326 00:46:03,100 --> 00:46:04,100 about the applicant shall work 1327 00:46:04,100 --> 00:46:07,100 with the city and county 1328 00:46:07,100 --> 00:46:08,100 applying appropriate dust 1329 00:46:08,100 --> 00:46:09,100 control measures and then goes 1330 00:46:09,100 --> 00:46:11,401 on to describe it. 1331 00:46:12,100 --> 00:46:14,100 are those in place currently is 1332 00:46:14,100 --> 00:46:15,100 what we were talking about in 1333 00:46:15,100 --> 00:46:17,100 terms of some of the tests 1334 00:46:17,100 --> 00:46:18,100 reported periodically and sent 1335 00:46:18,100 --> 00:46:20,100 to the county? 1336 00:46:20,100 --> 00:46:22,100 >> so, these specifically-I 1337 00:46:24,100 --> 00:46:27,100 will say 159 street used to be 1338 00:46:27,100 --> 00:46:29,100 a gravel road and so that was 1339 00:46:29,100 --> 00:46:31,100 applying appropriate dust 1340 00:46:31,100 --> 00:46:33,100 control measures to 159 street 1341 00:46:33,100 --> 00:46:34,100 specifically. 1342 00:46:34,100 --> 00:46:37,601 since then, obviously it is a 1343 00:46:38,100 --> 00:46:39,100 paved road now. 1344 00:46:39,100 --> 00:46:41,100 rock spillage on a gravel road 1345 00:46:41,100 --> 00:46:43,100 might have been good, helped to 1346 00:46:43,100 --> 00:46:45,100 maintain it, but no longer good 1347 00:46:45,100 --> 00:46:47,100 rock spillage on paved road 1348 00:46:47,100 --> 00:46:49,100 with vehicle speeds at what 1349 00:46:49,100 --> 00:46:50,100 they are. 1350 00:46:50,100 --> 00:46:51,100 that is something that they are 1351 00:46:51,100 --> 00:46:53,100 willing to work with us and 1352 00:46:53,100 --> 00:46:55,100 they will do daily street 1353 00:46:55,100 --> 00:46:56,100 sweeping to make sure they 1354 00:46:56,100 --> 00:46:57,100 comply. 1355 00:46:57,100 --> 00:47:00,100 >> okay, so you are saying d is 1356 00:47:00,100 --> 00:47:02,100 no longer necessary because it 1357 00:47:02,100 --> 00:47:04,100 is paved, so we don't have- 1358 00:47:04,100 --> 00:47:05,100 >> yes. 1359 00:47:05,100 --> 00:47:07,100 >> okay. 1360 00:47:07,100 --> 00:47:09,100 that answers my question 1361 00:47:09,100 --> 00:47:10,100 regarding pollution. 1362 00:47:10,100 --> 00:47:12,100 on the topic of stipulations 1363 00:47:12,100 --> 00:47:15,100 additionally, what was the plan 1364 00:47:15,100 --> 00:47:17,100 for f on the stipulation, the 1365 00:47:17,100 --> 00:47:19,100 quarry operation reclamation? 1366 00:47:20,100 --> 00:47:21,100 follow development plan 1367 00:47:21,100 --> 00:47:23,100 approved by the planning 1368 00:47:23,100 --> 00:47:26,100 commission and the date is 1369 00:47:26,100 --> 00:47:27,100 blotted out. 1370 00:47:27,100 --> 00:47:28,100 what was the reclamation plan? 1371 00:47:28,100 --> 00:47:30,401 >> they showed reclamation plan 1372 00:47:31,100 --> 00:47:33,100 that in essence had industrial 1373 00:47:33,100 --> 00:47:36,100 lots, so zoned m2, m3, so it 1374 00:47:36,100 --> 00:47:39,100 had industrial lots lined out 1375 00:47:39,100 --> 00:47:42,601 around the site, but based on 1376 00:47:44,100 --> 00:47:46,401 their proposal, the quarried 1377 00:47:48,100 --> 00:47:50,401 areas are no longer 1378 00:47:51,100 --> 00:47:53,100 developable, so- 1379 00:47:53,100 --> 00:47:55,100 >> was there a timeline for the 1380 00:47:55,100 --> 00:47:56,100 reclamation plans? 1381 00:47:56,100 --> 00:47:58,401 >> no, the 1988 approval was 1382 00:48:00,100 --> 00:48:02,100 indefinite no time limit 1383 00:48:02,100 --> 00:48:03,100 quarry. 1384 00:48:03,100 --> 00:48:05,100 >> okay, so f didn't happen or 1385 00:48:05,100 --> 00:48:06,100 there wasn't- 1386 00:48:06,100 --> 00:48:08,100 >> there was no timeline 1387 00:48:08,100 --> 00:48:10,100 associated with it, correct. 1388 00:48:10,100 --> 00:48:12,100 >> okay. 1389 00:48:13,100 --> 00:48:16,601 on h, what is their current 1390 00:48:19,100 --> 00:48:21,100 measures to prevent pollution 1391 00:48:21,100 --> 00:48:23,100 of cedar creek and lake olathe? 1392 00:48:23,100 --> 00:48:26,100 >> they do have a 50 foot 1393 00:48:26,100 --> 00:48:29,100 setback from the stream and 1394 00:48:30,100 --> 00:48:33,100 they do keep vegetative to help 1395 00:48:33,100 --> 00:48:35,401 reduce that stormwater run-off 1396 00:48:37,100 --> 00:48:40,100 going into the cedar creek 1397 00:48:40,100 --> 00:48:41,100 itself. 1398 00:48:41,100 --> 00:48:43,401 >> stipulation j, the interior 1399 00:48:44,100 --> 00:48:47,100 drive paved until the site is 1400 00:48:47,100 --> 00:48:48,100 developed with industrial uses. 1401 00:48:48,100 --> 00:48:51,100 was that at any point triggered 1402 00:48:51,100 --> 00:48:53,100 is or-it doesn't sound the 1403 00:48:53,100 --> 00:48:55,100 interior drive is paved? 1404 00:48:55,100 --> 00:48:58,100 >> no, that was based upon 1405 00:48:58,100 --> 00:49:00,100 reclamation it triggers the 1406 00:49:00,100 --> 00:49:02,100 pavement for the uses. 1407 00:49:02,100 --> 00:49:03,100 >> okay. 1408 00:49:03,100 --> 00:49:07,100 and then have we been doing k 1409 00:49:07,100 --> 00:49:10,100 inspect the site once a year 1410 00:49:10,100 --> 00:49:13,100 and a report being submitted to 1411 00:49:13,100 --> 00:49:14,100 the planning commission and 1412 00:49:14,100 --> 00:49:15,100 city council? 1413 00:49:15,100 --> 00:49:18,100 >> no, we have not consistently 1414 00:49:18,100 --> 00:49:19,100 been doing that. 1415 00:49:19,100 --> 00:49:20,100 >> okay. 1416 00:49:20,100 --> 00:49:22,100 and are then, shifting gears, 1417 00:49:22,100 --> 00:49:24,100 taxes, there was a helpful 1418 00:49:24,100 --> 00:49:26,100 slide presented on taxes. 1419 00:49:26,100 --> 00:49:28,100 it seemed most that was taxes 1420 00:49:28,100 --> 00:49:31,100 in general and not towards the 1421 00:49:31,100 --> 00:49:32,100 city olathe itself. 1422 00:49:32,100 --> 00:49:35,100 am I accurate in saying that? 1423 00:49:35,100 --> 00:49:37,100 I saw it was broken down to 1424 00:49:37,100 --> 00:49:39,100 sales tax, but there was no 1425 00:49:39,100 --> 00:49:41,100 breakdown in terms of property 1426 00:49:41,100 --> 00:49:42,100 taxes to the city. 1427 00:49:42,100 --> 00:49:44,100 has there been any analysis on 1428 00:49:44,100 --> 00:49:45,100 that? 1429 00:49:45,100 --> 00:49:46,100 >> the applicant might be 1430 00:49:46,100 --> 00:49:47,100 answer some that. 1431 00:49:47,100 --> 00:49:49,100 they provided that slide, but I 1432 00:49:49,100 --> 00:49:51,100 believe there was property tax 1433 00:49:51,100 --> 00:49:53,100 shown on that. 1434 00:49:54,100 --> 00:49:56,100 >> that was all the taxes, not 1435 00:49:56,100 --> 00:49:57,100 specifically-- 1436 00:49:57,100 --> 00:49:58,100 >> okay. 1437 00:49:58,100 --> 00:50:00,100 >> if I need to ask the 1438 00:50:00,100 --> 00:50:02,100 applicant later that is fine. 1439 00:50:02,100 --> 00:50:04,100 just curious, this rezoning of 1440 00:50:04,100 --> 00:50:07,601 the 109 acres or what not, how 1441 00:50:08,100 --> 00:50:10,100 much does that add or change, 1442 00:50:10,100 --> 00:50:11,100 because this is all historic 1443 00:50:11,100 --> 00:50:13,100 and are not changing whether we 1444 00:50:13,100 --> 00:50:14,100 approve or not from my 1445 00:50:14,100 --> 00:50:15,100 understanding. 1446 00:50:15,100 --> 00:50:18,100 they will continue to operate 1447 00:50:18,100 --> 00:50:20,100 whether we approve this or not, 1448 00:50:20,100 --> 00:50:22,100 so what's the added economic 1449 00:50:22,100 --> 00:50:24,100 benefit of approving? 1450 00:50:26,100 --> 00:50:28,100 >> I'll let the applicant 1451 00:50:28,100 --> 00:50:29,100 answer that as well. 1452 00:50:29,100 --> 00:50:32,100 >> and then, this might be a 1453 00:50:32,100 --> 00:50:34,401 applicant question, how much 1454 00:50:35,100 --> 00:50:37,401 noise is there underground 1455 00:50:38,100 --> 00:50:41,100 vibration or noise or vibration 1456 00:50:41,100 --> 00:50:43,100 underground blasting opposed to 1457 00:50:43,100 --> 00:50:45,100 surface blasting because I 1458 00:50:45,100 --> 00:50:47,100 notice the different start 1459 00:50:47,100 --> 00:50:48,100 times. 1460 00:50:48,100 --> 00:50:50,100 one was 8:30 and the other is 1461 00:50:50,100 --> 00:50:51,100 10 o'clock so what is the 1462 00:50:51,100 --> 00:50:52,100 difference? 1463 00:50:52,100 --> 00:50:53,100 >> I don't know if I have the 1464 00:50:53,100 --> 00:50:55,100 numerical difference but in 1465 00:50:55,100 --> 00:50:57,100 general, underground blasting 1466 00:50:57,100 --> 00:50:58,100 is more muffled. 1467 00:50:58,100 --> 00:51:01,100 you have the all the rock and 1468 00:51:01,100 --> 00:51:04,601 earth above to help dampen the 1469 00:51:05,100 --> 00:51:08,100 sound, but vibrations can be 1470 00:51:08,100 --> 00:51:09,100 similar. 1471 00:51:09,100 --> 00:51:10,100 >> okay. 1472 00:51:10,100 --> 00:51:12,100 thank you. 1473 00:51:13,100 --> 00:51:14,100 >> any additional questions for 1474 00:51:14,100 --> 00:51:15,100 staff? 1475 00:51:15,100 --> 00:51:16,100 do we need to have the 1476 00:51:16,100 --> 00:51:18,100 applicant-- 1477 00:51:19,100 --> 00:51:20,100 >> if we could on the last two. 1478 00:51:20,100 --> 00:51:22,100 the tax slide and if they are 1479 00:51:22,100 --> 00:51:23,100 able to provide additional 1480 00:51:23,100 --> 00:51:24,100 information on sound or 1481 00:51:24,100 --> 00:51:26,100 vibration that would be 1482 00:51:26,100 --> 00:51:27,100 helpful. 1483 00:51:27,100 --> 00:51:29,100 >> absolutely. 1484 00:51:31,100 --> 00:51:32,100 >> kurt peterson on behalf of 1485 00:51:32,100 --> 00:51:33,100 the applicant. 1486 00:51:33,100 --> 00:51:35,401 900 west 48 place kansas city 1487 00:51:37,100 --> 00:51:39,100 missouri. 1488 00:51:39,100 --> 00:51:41,100 we are supportive of all the 1489 00:51:41,100 --> 00:51:43,100 stipulations, which if I got 1490 00:51:43,100 --> 00:51:45,100 numbers right, 1 and 2 and all 1491 00:51:45,100 --> 00:51:46,100 the sub points that come under 1492 00:51:46,100 --> 00:51:47,100 them. 1493 00:51:47,100 --> 00:51:48,100 we are accepting that. 1494 00:51:48,100 --> 00:51:50,100 and, if you dont mind chair, if 1495 00:51:50,100 --> 00:51:52,100 I can go in order the there was 1496 00:51:52,100 --> 00:51:53,100 a couple questions mr. Jurey 1497 00:51:53,100 --> 00:51:55,100 had differed to the applicant 1498 00:51:55,100 --> 00:51:57,100 that commissioner chapman asked 1499 00:51:57,100 --> 00:51:58,100 so thought maybe addressing 1500 00:51:58,100 --> 00:52:00,100 those and then working over if 1501 00:52:00,100 --> 00:52:02,100 that is okay? 1502 00:52:02,100 --> 00:52:03,100 >> yeah. 1503 00:52:03,100 --> 00:52:05,100 >> remind me if I miss 1504 00:52:05,100 --> 00:52:06,100 something, please. 1505 00:52:06,100 --> 00:52:07,100 >> absolutely. 1506 00:52:07,100 --> 00:52:08,100 >> commissioner chapman had 1507 00:52:08,100 --> 00:52:09,100 first asked about whether 1508 00:52:09,100 --> 00:52:11,100 there's a baseline for air 1509 00:52:11,100 --> 00:52:12,100 quality. 1510 00:52:12,100 --> 00:52:13,100 all these changes, there is a 1511 00:52:13,100 --> 00:52:14,100 huge dust control plan. 1512 00:52:14,100 --> 00:52:16,100 how do we know if there is 1513 00:52:16,100 --> 00:52:17,100 material change once everything 1514 00:52:17,100 --> 00:52:19,100 is done in installed. 1515 00:52:19,100 --> 00:52:21,100 the answer is building on what 1516 00:52:21,100 --> 00:52:22,100 mr. Jurey said. 1517 00:52:22,100 --> 00:52:23,100 he wasn't wrong, just adding 1518 00:52:23,100 --> 00:52:24,100 more detail to it. 1519 00:52:24,100 --> 00:52:27,100 we had a exhaustive analysis 1520 00:52:30,100 --> 00:52:31,100 done of the quarry dust 1521 00:52:31,100 --> 00:52:33,401 situation in 2023 and completed 1522 00:52:35,100 --> 00:52:37,100 by environmental consulting 1523 00:52:37,100 --> 00:52:38,100 services, which is the same 1524 00:52:38,100 --> 00:52:40,100 consultant that handled our 1525 00:52:40,100 --> 00:52:41,100 dust control plan if you look 1526 00:52:41,100 --> 00:52:43,100 on the cover of that so you 1527 00:52:43,100 --> 00:52:44,100 recognize the name. 1528 00:52:44,100 --> 00:52:46,100 again, they have all the bona 1529 00:52:46,100 --> 00:52:48,100 fide and well known and highly 1530 00:52:48,100 --> 00:52:49,100 respected. 1531 00:52:49,100 --> 00:52:50,100 so, we have that from 2023 and 1532 00:52:50,100 --> 00:52:53,100 the nature that in the summary 1533 00:52:53,100 --> 00:52:55,100 was a study for testing dust 1534 00:52:55,100 --> 00:52:57,100 and for specifically compliance 1535 00:52:57,100 --> 00:53:00,601 with 40c [inaudible] which is a 1536 00:53:02,100 --> 00:53:03,100 lot of stuff, but it matters. 1537 00:53:03,100 --> 00:53:04,100 it is something that is really 1538 00:53:04,100 --> 00:53:05,100 important. 1539 00:53:05,100 --> 00:53:06,100 that was the analysis and the 1540 00:53:06,100 --> 00:53:07,100 very same thing that we would 1541 00:53:07,100 --> 00:53:09,100 have tested after we do these 1542 00:53:09,100 --> 00:53:11,100 extensive dust control 1543 00:53:11,100 --> 00:53:12,100 measures, enhancement to the 1544 00:53:12,100 --> 00:53:13,100 crusher and all that. 1545 00:53:13,100 --> 00:53:15,100 there will be a apple to apple 1546 00:53:15,100 --> 00:53:17,100 comparison immediately once we 1547 00:53:17,100 --> 00:53:18,100 installed everything. 1548 00:53:18,100 --> 00:53:20,100 something else we were talking 1549 00:53:20,100 --> 00:53:21,100 about today that contributes to 1550 00:53:21,100 --> 00:53:23,100 the core baseline answer is 1551 00:53:23,100 --> 00:53:24,100 that, johnson county department 1552 00:53:24,100 --> 00:53:26,100 of health and environment is 1553 00:53:26,100 --> 00:53:27,100 the body that oversees what is 1554 00:53:27,100 --> 00:53:29,100 happening at the quarry with 1555 00:53:29,100 --> 00:53:31,100 dust et cetera and it was just 1556 00:53:31,100 --> 00:53:33,100 a few-I was trying to-two or 1557 00:53:33,100 --> 00:53:35,100 three weeks ago so within the 1558 00:53:35,100 --> 00:53:37,100 last 30 days they actually came 1559 00:53:37,100 --> 00:53:39,100 out and did their report, which 1560 00:53:39,100 --> 00:53:41,100 yes, looks at the same things 1561 00:53:41,100 --> 00:53:43,100 as the 2023 study, but actually 1562 00:53:43,100 --> 00:53:44,100 goes beyond that. 1563 00:53:44,100 --> 00:53:46,100 they don't just focus on the 1564 00:53:46,100 --> 00:53:47,100 crusher because that is the 1565 00:53:47,100 --> 00:53:49,100 main source of dust, but they 1566 00:53:49,100 --> 00:53:52,100 also go around and watch haul 1567 00:53:52,100 --> 00:53:54,100 routes, look at the stock piles 1568 00:53:54,100 --> 00:53:56,100 and anywhere dust is happening 1569 00:53:56,100 --> 00:53:57,100 the county looks to make sure 1570 00:53:57,100 --> 00:53:59,100 we are in full compliance, 1571 00:53:59,100 --> 00:54:00,100 takes extensive notes and has a 1572 00:54:00,100 --> 00:54:02,100 report, so the answer to the 1573 00:54:02,100 --> 00:54:04,100 question in short recap would 1574 00:54:04,100 --> 00:54:07,601 be we have a wonderful baseline 1575 00:54:09,100 --> 00:54:11,100 from 2023 and very recent just 1576 00:54:11,100 --> 00:54:12,100 before if this is all approved 1577 00:54:12,100 --> 00:54:13,100 and move forward immediately, 1578 00:54:13,100 --> 00:54:15,100 you have the county with their 1579 00:54:15,100 --> 00:54:17,100 data contributing with the 1580 00:54:17,100 --> 00:54:19,100 baseline. 1581 00:54:19,100 --> 00:54:22,100 the next question-I would say 1582 00:54:23,100 --> 00:54:25,100 with that, one thing that came 1583 00:54:25,100 --> 00:54:26,100 to mind because there was 1584 00:54:26,100 --> 00:54:28,401 several times that both 1585 00:54:31,100 --> 00:54:33,100 asbestos and silica was brought 1586 00:54:33,100 --> 00:54:34,100 up. 1587 00:54:34,100 --> 00:54:35,100 with you have a rock quarry 1588 00:54:35,100 --> 00:54:37,100 like this, the way god made 1589 00:54:37,100 --> 00:54:39,100 rock, glaciers and put 1590 00:54:39,100 --> 00:54:40,100 everything together, you are 1591 00:54:40,100 --> 00:54:43,100 not likely to find-the quarry 1592 00:54:43,100 --> 00:54:46,100 has been around since 1890, a 1593 00:54:48,100 --> 00:54:49,100 really long time and the 1594 00:54:49,100 --> 00:54:52,100 testing has been going on for 1595 00:54:52,100 --> 00:54:54,401 asbestos and silica regularly 1596 00:54:55,100 --> 00:54:56,100 and there is never been 1597 00:54:56,100 --> 00:54:57,100 anything out of compliance with 1598 00:54:57,100 --> 00:55:00,100 respect to those materials, so 1599 00:55:00,100 --> 00:55:03,100 it is very unlikely being legal 1600 00:55:03,100 --> 00:55:05,100 about this, very unlikely you 1601 00:55:05,100 --> 00:55:07,100 would find that at the quarry 1602 00:55:07,100 --> 00:55:08,100 whether undergrounds or the 1603 00:55:08,100 --> 00:55:10,401 expansion quarry for more 1604 00:55:11,100 --> 00:55:13,100 surfaces, so that is good news 1605 00:55:13,100 --> 00:55:15,100 but we are not going to just 1606 00:55:15,100 --> 00:55:17,100 rest on our laurels, we are 1607 00:55:17,100 --> 00:55:18,100 doing quarterly testing and 1608 00:55:18,100 --> 00:55:19,100 making publicly available 1609 00:55:19,100 --> 00:55:20,100 through the city. 1610 00:55:20,100 --> 00:55:21,100 the second question 1611 00:55:21,100 --> 00:55:23,401 commissioner chapman you asked 1612 00:55:24,100 --> 00:55:27,100 I are wanted to address is, 1613 00:55:27,100 --> 00:55:29,100 good question, you said, I hear 1614 00:55:29,100 --> 00:55:32,100 all this whatever page dust 1615 00:55:32,100 --> 00:55:33,100 control plan and all these 2 1616 00:55:33,100 --> 00:55:35,100 and a half pages of stipulation 1617 00:55:35,100 --> 00:55:38,100 from staff, but use my own 1618 00:55:38,100 --> 00:55:40,100 words, is the quarry doing what 1619 00:55:40,100 --> 00:55:42,100 it is supposed to do today out 1620 00:55:42,100 --> 00:55:43,100 there with dust? 1621 00:55:43,100 --> 00:55:45,100 it really important for 1622 00:55:45,100 --> 00:55:47,100 everybody to understand that 1623 00:55:47,100 --> 00:55:48,100 jca is one of the best 1624 00:55:48,100 --> 00:55:50,100 operators around and absolutely 1625 00:55:50,100 --> 00:55:51,100 achieving everything required 1626 00:55:51,100 --> 00:55:52,100 by law. 1627 00:55:52,100 --> 00:55:54,100 I think can't remember who said 1628 00:55:54,100 --> 00:55:57,100 it whether staff but federal 1629 00:55:59,100 --> 00:56:00,100 state and local have 1630 00:56:00,100 --> 00:56:01,100 requirements for dust 1631 00:56:01,100 --> 00:56:02,100 suppression and operating a 1632 00:56:02,100 --> 00:56:04,100 quarry and all the inspections 1633 00:56:04,100 --> 00:56:05,100 and testing and reports have 1634 00:56:05,100 --> 00:56:07,100 down they have been in 1635 00:56:07,100 --> 00:56:08,100 compliance. 1636 00:56:08,100 --> 00:56:09,100 the baseline is compliance with 1637 00:56:09,100 --> 00:56:13,100 law, but I will have a short 1638 00:56:13,100 --> 00:56:14,100 presentations for the third 1639 00:56:14,100 --> 00:56:15,100 application and we'll emphasize 1640 00:56:15,100 --> 00:56:17,100 we are trying to go way beyond 1641 00:56:17,100 --> 00:56:18,100 that. 1642 00:56:18,100 --> 00:56:19,100 the last question raised I 1643 00:56:19,100 --> 00:56:21,100 thought needed to be addressed 1644 00:56:21,100 --> 00:56:24,100 is, what happens if something 1645 00:56:28,100 --> 00:56:30,100 shows up? 1646 00:56:33,100 --> 00:56:34,100 what happens? 1647 00:56:34,100 --> 00:56:36,100 there is a statutory period 1648 00:56:36,100 --> 00:56:37,100 where there is a cure period 1649 00:56:37,100 --> 00:56:39,100 that says you need to fix this 1650 00:56:39,100 --> 00:56:40,100 immediately and retest. 1651 00:56:40,100 --> 00:56:42,100 if that isn't successful then 1652 00:56:42,100 --> 00:56:43,100 you lose your ability to 1653 00:56:43,100 --> 00:56:46,100 operate until it is fixed. 1654 00:56:46,100 --> 00:56:47,100 you cannot operate and have to 1655 00:56:47,100 --> 00:56:48,100 cease operations. 1656 00:56:48,100 --> 00:56:49,100 those are three questions I 1657 00:56:49,100 --> 00:56:51,100 felt that were not yet fully 1658 00:56:51,100 --> 00:56:53,100 addressed you asked. 1659 00:56:53,100 --> 00:56:55,401 going to commissioner bergida, 1660 00:56:56,100 --> 00:56:59,100 the first in the mind not 1661 00:56:59,100 --> 00:57:00,100 addressed is tax question with 1662 00:57:00,100 --> 00:57:03,100 respect to you're right, there 1663 00:57:05,100 --> 00:57:07,100 were sales taxes broken down 1664 00:57:07,100 --> 00:57:09,100 between aggregate,b all and to 1665 00:57:09,100 --> 00:57:10,100 the city. 1666 00:57:10,100 --> 00:57:11,100 I don't think you are asking 1667 00:57:11,100 --> 00:57:12,100 about that. 1668 00:57:12,100 --> 00:57:13,100 on the property taxes I think 1669 00:57:13,100 --> 00:57:14,100 you are right. 1670 00:57:14,100 --> 00:57:15,100 I think it was a aggregate 1671 00:57:15,100 --> 00:57:17,100 number and someone's--welcome 1672 00:57:18,100 --> 00:57:19,100 someone to give the exact 1673 00:57:19,100 --> 00:57:20,100 percentage but the city mill 1674 00:57:20,100 --> 00:57:22,100 levies are something in the 10 1675 00:57:22,100 --> 00:57:24,100 to 15 percent of overall tax 1676 00:57:24,100 --> 00:57:26,100 levies, so if you wouldn't mind 1677 00:57:26,100 --> 00:57:28,100 doing the math that is times 1678 00:57:28,100 --> 00:57:29,100 the aggregate numbers that 1679 00:57:29,100 --> 00:57:32,100 would be the city's take. 1680 00:57:32,100 --> 00:57:35,100 also had written down the-yes, 1681 00:57:35,100 --> 00:57:37,100 the concept of the difference 1682 00:57:37,100 --> 00:57:39,100 between when there is a rock 1683 00:57:39,100 --> 00:57:41,100 extracted underground versus 1684 00:57:42,100 --> 00:57:44,100 above ground. Blasting is the 1685 00:57:44,100 --> 00:57:45,100 way you do that. 1686 00:57:45,100 --> 00:57:47,100 we do 2 to 3 times a week, 1687 00:57:47,100 --> 00:57:49,100 surface blasting not increasing 1688 00:57:49,100 --> 00:57:51,100 that and below ground it is 1689 00:57:51,100 --> 00:57:52,100 much more frequent but much 1690 00:57:52,100 --> 00:57:54,100 much much smaller of the 1691 00:57:54,100 --> 00:57:56,100 charges use, because you-none 1692 00:57:56,100 --> 00:57:59,601 being experts but you don't set 1693 00:58:00,100 --> 00:58:02,401 off big charges undergrounds. 1694 00:58:03,100 --> 00:58:04,100 they are very very small. 1695 00:58:04,100 --> 00:58:07,100 we can dig now or the next 1696 00:58:07,100 --> 00:58:09,100 application chair if you want 1697 00:58:09,100 --> 00:58:12,100 to get into the blasting. 1698 00:58:14,100 --> 00:58:16,100 if you have follow questions I 1699 00:58:16,100 --> 00:58:18,100 am happy to answer those on 1700 00:58:18,100 --> 00:58:19,100 blasting too. 1701 00:58:19,100 --> 00:58:20,100 >> go ahead. 1702 00:58:20,100 --> 00:58:22,100 >> do you all have estimates on 1703 00:58:22,100 --> 00:58:24,401 the additional economic benefit 1704 00:58:25,100 --> 00:58:28,100 from this area, because it's 1705 00:58:28,100 --> 00:58:31,601 roughly 450k in sales taxes, so 1706 00:58:32,100 --> 00:58:35,601 like 110, 115 year and if it is 1707 00:58:36,100 --> 00:58:38,100 10 to 15 we are looking at 1708 00:58:38,100 --> 00:58:41,601 another 30k or 50k over the 1709 00:58:44,100 --> 00:58:45,100 last four years. 1710 00:58:45,100 --> 00:58:48,100 how much does approving this 1711 00:58:50,100 --> 00:58:52,100 area, how much economic benefit 1712 00:58:52,100 --> 00:58:53,100 would it give to the city for 1713 00:58:53,100 --> 00:58:54,100 tax revenues? 1714 00:58:54,100 --> 00:58:56,100 >> so, you are right, size up 1715 00:58:56,100 --> 00:58:58,100 sales tax and property tax and 1716 00:58:58,100 --> 00:58:59,100 together we can do that math 1717 00:58:59,100 --> 00:59:00,100 and play it out over a lot of 1718 00:59:00,100 --> 00:59:02,100 years, and the last number you 1719 00:59:02,100 --> 00:59:04,100 saw in the packet-we could have 1720 00:59:04,100 --> 00:59:06,100 gone indirect and didn't carry 1721 00:59:06,100 --> 00:59:07,100 it out, but the other one on 1722 00:59:07,100 --> 00:59:10,100 the sheet that you may recall 1723 00:59:10,100 --> 00:59:12,100 is we talked about if as we 1724 00:59:12,100 --> 00:59:14,100 transition, all the topics are 1725 00:59:14,100 --> 00:59:16,100 deep we can go just keep asking 1726 00:59:16,100 --> 00:59:17,100 question if you want to go 1727 00:59:17,100 --> 00:59:20,100 deeper, but don't want to wear 1728 00:59:20,100 --> 00:59:22,100 out the welcome. 1729 00:59:22,100 --> 00:59:24,100 we transition from above ground 1730 00:59:24,100 --> 00:59:26,100 mining on the big existing to 1731 00:59:26,100 --> 00:59:27,100 underground and that takes 1732 00:59:27,100 --> 00:59:29,100 number of years. 1733 00:59:29,100 --> 00:59:31,100 the idea is, this transition 1734 00:59:31,100 --> 00:59:33,100 piece which was always meant to 1735 00:59:33,100 --> 00:59:34,100 be and again don't want to get 1736 00:59:34,100 --> 00:59:36,100 into the public hearing, 1737 00:59:36,100 --> 00:59:37,100 limited period of time, 10 1738 00:59:37,100 --> 00:59:39,100 years, was helping with the 1739 00:59:39,100 --> 00:59:40,100 transition to get everything 1740 00:59:40,100 --> 00:59:41,100 underground and the other 1741 00:59:41,100 --> 00:59:44,100 number you saw, if transition 1742 00:59:45,100 --> 00:59:46,100 didn't happen the volumes go 1743 00:59:46,100 --> 00:59:48,100 way down for a number of years. 1744 00:59:48,100 --> 00:59:49,100 that then causes whether a city 1745 00:59:49,100 --> 00:59:51,100 olathe, with big street 1746 00:59:51,100 --> 00:59:52,100 projects or anybody else in the 1747 00:59:52,100 --> 00:59:55,100 area to have to go to likely 1748 00:59:55,100 --> 00:59:57,100 two other quarries. 1749 00:59:57,100 --> 00:59:58,100 you have to have the right rock 1750 00:59:58,100 --> 01:00:00,401 and right quantity specifically 1751 01:00:01,100 --> 01:00:03,100 for concrete and asphalt 1752 01:00:03,100 --> 01:00:04,100 separately and the haul cost 1753 01:00:04,100 --> 01:00:06,100 are so significant so we 1754 01:00:06,100 --> 01:00:08,100 presented a study to staff to 1755 01:00:08,100 --> 01:00:10,100 show what is the overall cost 1756 01:00:10,100 --> 01:00:12,100 of projects in the area if you 1757 01:00:12,100 --> 01:00:14,100 had to bring that special kind 1758 01:00:14,100 --> 01:00:17,601 of rock from outside the area. 1759 01:00:19,100 --> 01:00:20,100 I believe it is 25 to $26 1760 01:00:20,100 --> 01:00:24,100 million a year to the area if 1761 01:00:24,100 --> 01:00:25,100 slowed down for a period of 1762 01:00:25,100 --> 01:00:26,100 time. 1763 01:00:26,100 --> 01:00:27,100 that is the third economic 1764 01:00:27,100 --> 01:00:28,100 impact. 1765 01:00:28,100 --> 01:00:31,100 >> is the surface level and 1766 01:00:31,100 --> 01:00:32,100 forgive me, not technical 1767 01:00:32,100 --> 01:00:34,100 expert, is the surface level 1768 01:00:34,100 --> 01:00:36,401 harvesting on the 400 acres 1769 01:00:39,100 --> 01:00:40,100 significantly slowing down 1770 01:00:40,100 --> 01:00:42,100 hundred acres is the bridge to 1771 01:00:42,100 --> 01:00:44,100 when you do the subsurface 1772 01:00:44,100 --> 01:00:47,100 across the board or 500 plus 1773 01:00:47,100 --> 01:00:48,100 acres? 1774 01:00:48,100 --> 01:00:49,100 is that accurate? 1775 01:00:49,100 --> 01:00:50,100 >> that is fair. 1776 01:00:50,100 --> 01:00:51,100 other then I tweak it because 1777 01:00:51,100 --> 01:00:53,100 the concept is right. 1778 01:00:53,100 --> 01:00:55,100 it isn't slowing down yet, but 1779 01:00:55,100 --> 01:00:56,100 the idea is because of the 1780 01:00:56,100 --> 01:00:57,100 transition underground takes a 1781 01:00:57,100 --> 01:00:58,100 number of years for the 1782 01:00:58,100 --> 01:01:00,401 engineering and everything it 1783 01:01:02,100 --> 01:01:04,100 would end up slowing down a 1784 01:01:04,100 --> 01:01:05,100 lot. 1785 01:01:05,100 --> 01:01:06,100 now we are not at the point 1786 01:01:06,100 --> 01:01:08,100 yet, which is why we are trying 1787 01:01:08,100 --> 01:01:10,100 to do this right now and not 1788 01:01:10,100 --> 01:01:11,100 get to that point. 1789 01:01:11,100 --> 01:01:12,100 >> okay. 1790 01:01:12,100 --> 01:01:13,100 thank you. 1791 01:01:13,100 --> 01:01:14,100 >> thank you mr. Peterson. 1792 01:01:14,100 --> 01:01:16,100 any additional questions? 1793 01:01:16,100 --> 01:01:18,100 commissioner corcoran. 1794 01:01:19,100 --> 01:01:22,100 >> I think I heard the answer, 1795 01:01:22,100 --> 01:01:24,100 there johnson county inspection 1796 01:01:24,100 --> 01:01:27,100 you had less then 30 days ago, 1797 01:01:27,100 --> 01:01:28,100 full compliance with- 1798 01:01:28,100 --> 01:01:30,100 >> that's right. 1799 01:01:30,100 --> 01:01:31,100 >> county requirements? 1800 01:01:31,100 --> 01:01:32,100 >> that's right. 1801 01:01:32,100 --> 01:01:34,100 >> thank you. 1802 01:01:34,100 --> 01:01:35,100 >> commissioner bergida. 1803 01:01:35,100 --> 01:01:37,100 >> sorry, I did have another 1804 01:01:37,100 --> 01:01:38,100 one. 1805 01:01:38,100 --> 01:01:39,100 if this is more appropriate for 1806 01:01:39,100 --> 01:01:41,100 later, that is fine as well. 1807 01:01:41,100 --> 01:01:44,100 there is-I think I understand 1808 01:01:44,100 --> 01:01:46,100 the additional economic impact 1809 01:01:46,100 --> 01:01:48,100 over the timeline. 1810 01:01:48,100 --> 01:01:49,100 what about the additional 1811 01:01:49,100 --> 01:01:52,601 impact on residents in terms of 1812 01:01:54,100 --> 01:01:57,100 noise and variance and timing 1813 01:01:57,100 --> 01:01:59,100 of vibrations things like that? 1814 01:01:59,100 --> 01:02:02,100 because, does moving it over 1815 01:02:03,100 --> 01:02:05,100 that far is there any-if I 1816 01:02:05,100 --> 01:02:08,100 missed it my apologies, but is 1817 01:02:08,100 --> 01:02:10,401 there concrete difference or 1818 01:02:11,100 --> 01:02:12,100 marginal increase they 1819 01:02:12,100 --> 01:02:14,100 experience because of this? 1820 01:02:14,100 --> 01:02:17,100 >> I will look at chair and I 1821 01:02:17,100 --> 01:02:19,100 am going to looking for a 1822 01:02:19,100 --> 01:02:20,100 answer to the question and also 1823 01:02:20,100 --> 01:02:21,100 legal counsel. 1824 01:02:21,100 --> 01:02:23,100 do you want me-this is largely 1825 01:02:23,100 --> 01:02:24,100 get nothing to the next hearing 1826 01:02:24,100 --> 01:02:26,100 and I'm fine with it, but 1827 01:02:26,100 --> 01:02:28,100 differ to your direction as to 1828 01:02:28,100 --> 01:02:31,100 whether we do that now? 1829 01:02:31,100 --> 01:02:33,100 >> keep the record cleaner if 1830 01:02:33,100 --> 01:02:34,100 you delayed for the next 1831 01:02:34,100 --> 01:02:36,100 hearing. 1832 01:02:36,100 --> 01:02:37,100 >> okay. 1833 01:02:37,100 --> 01:02:38,100 >> maybe a few minutes from 1834 01:02:38,100 --> 01:02:39,100 now. 1835 01:02:39,100 --> 01:02:41,100 >> that's fine. 1836 01:02:41,100 --> 01:02:42,100 >> do it on public hearing 1837 01:02:42,100 --> 01:02:44,100 number 5. 1838 01:02:45,100 --> 01:02:47,100 okay. 1839 01:02:47,100 --> 01:02:48,100 any other additional questions 1840 01:02:48,100 --> 01:02:50,401 for staff or applicant? 1841 01:02:51,100 --> 01:02:52,100 okay. 1842 01:02:52,100 --> 01:02:53,100 if not, I open the public 1843 01:02:53,100 --> 01:02:54,100 hearing. 1844 01:02:54,100 --> 01:02:57,601 on this one, we had one, 1845 01:03:01,100 --> 01:03:03,100 quackenbush are you speaking on 1846 01:03:03,100 --> 01:03:05,100 this one or the next one? 1847 01:03:05,100 --> 01:03:06,100 come on up. 1848 01:03:06,100 --> 01:03:09,100 >> this [inaudible] my name is 1849 01:03:11,100 --> 01:03:13,100 dan quackenbush, 1405 south 1850 01:03:13,100 --> 01:03:15,100 lake stone drive. 1851 01:03:16,100 --> 01:03:18,100 I lived there since 1980. 1852 01:03:18,100 --> 01:03:21,100 my house was one of the last 1853 01:03:21,100 --> 01:03:23,401 built in lake stone. 1854 01:03:26,100 --> 01:03:30,201 this is the same people came to 1855 01:03:35,100 --> 01:03:38,100 my house and in my living room 1856 01:03:38,100 --> 01:03:41,100 talked to the entire homes 1857 01:03:41,100 --> 01:03:43,100 association and promised 1858 01:03:43,100 --> 01:03:46,100 exactly what they are promising 1859 01:03:46,100 --> 01:03:47,100 now. 1860 01:03:47,100 --> 01:03:48,100 we'll take care of the dust. 1861 01:03:48,100 --> 01:03:49,100 we'll take care of the 1862 01:03:49,100 --> 01:03:51,100 vibration. 1863 01:03:51,100 --> 01:03:54,100 you won't hear the backup 1864 01:03:54,100 --> 01:03:55,100 bells, you just are hear the 1865 01:03:55,100 --> 01:03:56,100 occasional blast here and 1866 01:03:56,100 --> 01:03:57,100 there. 1867 01:03:57,100 --> 01:03:59,100 all kinds of promises and 1868 01:03:59,100 --> 01:04:01,100 frankly, I don't trust them. 1869 01:04:01,100 --> 01:04:02,100 not for a minute. 1870 01:04:02,100 --> 01:04:04,100 and yeah, there is all kinds of 1871 01:04:04,100 --> 01:04:06,100 government regulations and 1872 01:04:06,100 --> 01:04:08,100 such. 1873 01:04:08,100 --> 01:04:09,100 that are supposed to keep them 1874 01:04:09,100 --> 01:04:10,100 in line. 1875 01:04:10,100 --> 01:04:12,100 you got to be out there 24 1876 01:04:12,100 --> 01:04:14,100 hours a day to do it. 1877 01:04:14,100 --> 01:04:17,100 frankly, no kidding I think a 1878 01:04:17,100 --> 01:04:19,100 movie company would like to use 1879 01:04:19,100 --> 01:04:22,100 159 street for a reenactment of 1880 01:04:22,100 --> 01:04:24,401 the 1930's dust storm. 1881 01:04:25,100 --> 01:04:27,100 all you have to do is drive 1882 01:04:27,100 --> 01:04:29,100 down that street and you can 1883 01:04:29,100 --> 01:04:31,100 choke up if you don't have your 1884 01:04:31,100 --> 01:04:33,100 a c running. 1885 01:04:33,100 --> 01:04:36,100 so, please, look at the 1886 01:04:36,100 --> 01:04:37,100 reality. 1887 01:04:37,100 --> 01:04:39,100 I am the current president of 1888 01:04:39,100 --> 01:04:40,100 homes association. 1889 01:04:40,100 --> 01:04:43,100 want I never got a notice. 1890 01:04:43,100 --> 01:04:44,100 the people across the street 1891 01:04:44,100 --> 01:04:47,100 who just moved in, brought me 1892 01:04:47,100 --> 01:04:48,100 the notice because they mailed 1893 01:04:48,100 --> 01:04:50,100 it to them. 1894 01:04:52,100 --> 01:04:54,100 the original plan for lake 1895 01:04:54,100 --> 01:04:57,100 stone was well over a hundred 1896 01:04:57,100 --> 01:04:58,100 homes. 1897 01:04:58,100 --> 01:05:00,100 we now have 29. 1898 01:05:01,100 --> 01:05:03,100 when the quarry opened, all 1899 01:05:03,100 --> 01:05:06,100 home construction in lake stone 1900 01:05:06,100 --> 01:05:08,100 ceased. 1901 01:05:08,100 --> 01:05:10,100 now, when they came to my 1902 01:05:10,100 --> 01:05:11,100 house, they brought me this 1903 01:05:11,100 --> 01:05:14,100 drawing here, and it is not 1904 01:05:14,100 --> 01:05:16,100 real informative or anything, 1905 01:05:16,100 --> 01:05:19,601 but it shows 37 plots in lake 1906 01:05:20,100 --> 01:05:21,100 stone. 1907 01:05:21,100 --> 01:05:22,100 that didn't include the other 1908 01:05:22,100 --> 01:05:25,100 side of the lake, the other end 1909 01:05:25,100 --> 01:05:26,100 of the lake, all that. 1910 01:05:26,100 --> 01:05:28,100 we were going have well over a 1911 01:05:28,100 --> 01:05:29,100 hundred homes. 1912 01:05:29,100 --> 01:05:32,100 I'll get to the financial part 1913 01:05:32,100 --> 01:05:33,100 that in a minute. 1914 01:05:33,100 --> 01:05:36,100 so, lake stone estate people 1915 01:05:39,100 --> 01:05:40,100 have been putting up with this 1916 01:05:40,100 --> 01:05:42,100 quarry for 40 years. 1917 01:05:42,100 --> 01:05:45,100 we had clouds of dust, we had a 1918 01:05:45,100 --> 01:05:47,100 lot of noise, a lot of 1919 01:05:47,100 --> 01:05:50,100 vibration I have two stone fire 1920 01:05:50,100 --> 01:05:53,100 places I have to clean up every 1921 01:05:53,100 --> 01:05:55,100 week all the mortar that falls 1922 01:05:55,100 --> 01:05:56,100 out of them every time they 1923 01:05:56,100 --> 01:05:57,100 blast. 1924 01:05:57,100 --> 01:06:00,100 now, we were all thinking, 1925 01:06:02,100 --> 01:06:05,100 myself, lake stone, oak run 1926 01:06:05,100 --> 01:06:07,100 people that they were about to 1927 01:06:07,100 --> 01:06:09,401 run out of land. 1928 01:06:10,100 --> 01:06:12,100 move on. 1929 01:06:12,100 --> 01:06:14,100 and we are still asking you to 1930 01:06:14,100 --> 01:06:15,100 tell them, move on. 1931 01:06:15,100 --> 01:06:18,100 we put up with this long 1932 01:06:18,100 --> 01:06:20,100 enough. 1933 01:06:20,100 --> 01:06:23,601 now, why should we trust them 1934 01:06:24,100 --> 01:06:25,100 now? 1935 01:06:25,100 --> 01:06:27,100 more regulations, more 1936 01:06:27,100 --> 01:06:29,100 paperwork, whatever. 1937 01:06:29,100 --> 01:06:30,100 frankly, I dont think it will 1938 01:06:30,100 --> 01:06:32,100 happen. 1939 01:06:32,100 --> 01:06:35,601 now, they could have put in 1940 01:06:36,100 --> 01:06:38,401 dust controls 40 years ago. 1941 01:06:39,100 --> 01:06:40,100 some type. 1942 01:06:40,100 --> 01:06:43,100 or, the new owners, don't know 1943 01:06:43,100 --> 01:06:46,100 when they bought it, 10 years 1944 01:06:46,100 --> 01:06:47,100 ago they could have done it, 1945 01:06:47,100 --> 01:06:51,801 but no, they want you and us to 1946 01:06:52,100 --> 01:06:55,100 let them expand their quarry 1947 01:06:55,100 --> 01:06:58,100 and then they will do these 1948 01:06:58,100 --> 01:07:00,100 extra things like controlling 1949 01:07:00,100 --> 01:07:03,100 dust, noise and other things. 1950 01:07:04,100 --> 01:07:07,100 now, I kind of think about the 1951 01:07:07,100 --> 01:07:09,401 planning commission and what 1952 01:07:10,100 --> 01:07:12,100 their job is and conceptually 1953 01:07:12,100 --> 01:07:14,100 sorry, it looks pretty simple. 1954 01:07:14,100 --> 01:07:16,100 I know it isn't, but it looks 1955 01:07:16,100 --> 01:07:18,100 pretty simple. 1956 01:07:18,100 --> 01:07:20,100 you just do your best to zone 1957 01:07:20,100 --> 01:07:22,100 property that is compatible 1958 01:07:22,100 --> 01:07:24,100 with surrounding properties. 1959 01:07:24,100 --> 01:07:26,100 really, that simple. 1960 01:07:26,100 --> 01:07:29,100 so, what should be zoned right 1961 01:07:29,100 --> 01:07:32,100 next to a residential zone? 1962 01:07:32,100 --> 01:07:33,100 refineries? 1963 01:07:33,100 --> 01:07:35,100 chemical plants? 1964 01:07:35,100 --> 01:07:37,100 how about pig farms? 1965 01:07:37,100 --> 01:07:39,100 obviously not. 1966 01:07:39,100 --> 01:07:41,100 I think quarries are right 1967 01:07:41,100 --> 01:07:44,100 there in the same group. 1968 01:07:44,100 --> 01:07:47,100 so, many residents, both lake 1969 01:07:49,100 --> 01:07:51,100 stone and oak run have 1970 01:07:51,100 --> 01:07:53,100 expressed to me the planning 1971 01:07:53,100 --> 01:07:54,100 commission and the city council 1972 01:07:54,100 --> 01:07:56,100 is very much about they only 1973 01:07:56,100 --> 01:07:59,100 care about the bottom line. 1974 01:07:59,100 --> 01:08:00,100 I can't believe that, but it 1975 01:08:00,100 --> 01:08:03,100 might be true, so let's talk 1976 01:08:03,100 --> 01:08:05,100 about money. 1977 01:08:06,100 --> 01:08:09,601 in their report, we have this 1978 01:08:12,100 --> 01:08:13,100 chart. 1979 01:08:13,100 --> 01:08:14,100 I had it here somewhere. 1980 01:08:14,100 --> 01:08:15,100 maybe somebody can put it up 1981 01:08:15,100 --> 01:08:17,100 there for me. 1982 01:08:19,100 --> 01:08:20,100 there it is. 1983 01:08:20,100 --> 01:08:23,100 >> we are out of time. 1984 01:08:24,100 --> 01:08:26,100 >> it claims a whole 1985 01:08:26,100 --> 01:08:28,401 bunch-sales tax and property 1986 01:08:30,100 --> 01:08:34,100 tax and I did the math and the 1987 01:08:34,100 --> 01:08:37,100 city would do a lot better if 1988 01:08:37,100 --> 01:08:39,100 they let us put up the last 1989 01:08:39,100 --> 01:08:41,401 hundred homes and get 6 1990 01:08:42,100 --> 01:08:43,100 thousand, 7 thousand in 1991 01:08:43,100 --> 01:08:44,100 property taxes. 1992 01:08:44,100 --> 01:08:46,100 I know that isn't all for 1993 01:08:46,100 --> 01:08:47,100 olathe. 1994 01:08:47,100 --> 01:08:49,100 >> thank you. 1995 01:08:49,100 --> 01:08:50,100 you are at the end of time. 1996 01:08:50,100 --> 01:08:52,100 >> he can have my time. 1997 01:08:52,100 --> 01:08:53,100 >> it doesn't work that way. 1998 01:08:53,100 --> 01:08:55,100 I appreciate that, but doesn't 1999 01:08:55,100 --> 01:08:56,100 work that way. 2000 01:08:56,100 --> 01:08:57,100 sorry, you are at the end of 2001 01:08:57,100 --> 01:08:59,100 your time. 2002 01:08:59,100 --> 01:09:02,100 >> if you want a copy of this, 2003 01:09:02,100 --> 01:09:04,401 you can have it. 2004 01:09:05,100 --> 01:09:06,100 >> okay. 2005 01:09:06,100 --> 01:09:08,100 commissioners, we have 2006 01:09:10,100 --> 01:09:11,100 any-before we move into that, I 2007 01:09:11,100 --> 01:09:14,100 entertain a motion to close the 2008 01:09:14,100 --> 01:09:16,100 public hearing. 2009 01:09:19,100 --> 01:09:21,100 >> I move we close the public 2010 01:09:21,100 --> 01:09:22,100 hearing. 2011 01:09:22,100 --> 01:09:23,100 >> thank you commissioner 2012 01:09:23,100 --> 01:09:24,100 brown. 2013 01:09:24,100 --> 01:09:25,100 do I have a second? 2014 01:09:25,100 --> 01:09:26,100 >> second. 2015 01:09:26,100 --> 01:09:27,100 >> thank you commissioner 2016 01:09:27,100 --> 01:09:28,100 terrones. 2017 01:09:28,100 --> 01:09:29,100 all in favor say aye. 2018 01:09:29,100 --> 01:09:30,100 opposed, nay. 2019 01:09:30,100 --> 01:09:31,100 the public hearing is now 2020 01:09:31,100 --> 01:09:32,100 closed. 2021 01:09:32,100 --> 01:09:34,100 commissioners, do we have 2022 01:09:34,100 --> 01:09:35,100 additional discussion on the 2023 01:09:35,100 --> 01:09:37,100 item? 2024 01:09:46,100 --> 01:09:50,100 I will save it for the next 2025 01:09:50,100 --> 01:09:51,100 one. 2026 01:09:51,100 --> 01:09:52,100 if not, I call for a motion on 2027 01:09:52,100 --> 01:09:54,100 su26-0009. 2028 01:10:03,100 --> 01:10:05,100 >> I put it up there. 2029 01:10:05,100 --> 01:10:07,100 mr. Chair, I move approval of 2030 01:10:07,100 --> 01:10:10,100 su-26-0009 subject to the 2031 01:10:12,100 --> 01:10:13,100 stipulations that presented in 2032 01:10:13,100 --> 01:10:15,100 the staff report. 2033 01:10:15,100 --> 01:10:17,100 >> thank you commissioner 2034 01:10:17,100 --> 01:10:18,100 corcoran. 2035 01:10:18,100 --> 01:10:19,100 do I have a second? 2036 01:10:19,100 --> 01:10:20,100 >> second. 2037 01:10:20,100 --> 01:10:21,100 >> thank you commissioner 2038 01:10:21,100 --> 01:10:22,100 terrones. 2039 01:10:22,100 --> 01:10:23,100 mrs. Will, will you take a roll 2040 01:10:23,100 --> 01:10:24,100 call vote, please? 2041 01:10:24,100 --> 01:10:26,100 [roll call] 2042 01:10:37,100 --> 01:10:39,100 >> no, just because I have some 2043 01:10:39,100 --> 01:10:40,100 unanswered questions, that's 2044 01:10:40,100 --> 01:10:42,100 all. 2045 01:10:42,100 --> 01:10:44,100 >> commissioner chapman, yes. 2046 01:10:44,100 --> 01:10:46,100 >> chair janner, yes. 2047 01:10:46,100 --> 01:10:48,401 the motion passes 7-1. 2048 01:10:49,100 --> 01:10:51,100 >> I think we'll move to the 2049 01:10:51,100 --> 01:10:53,100 5th and final public hearing 2050 01:10:53,100 --> 01:10:54,100 which tonight is request for 2051 01:10:54,100 --> 01:10:55,100 approval of the special use 2052 01:10:55,100 --> 01:10:57,100 permit from johnson county 2053 01:10:57,100 --> 01:10:59,100 aggregate quarry expansion 2054 01:10:59,100 --> 01:11:01,401 located southeast of 151 and 2055 01:11:02,100 --> 01:11:04,100 old 56 highway. 2056 01:11:04,100 --> 01:11:05,100 welcome back mr. Jurey will 2057 01:11:05,100 --> 01:11:06,100 present the case. 2058 01:11:06,100 --> 01:11:07,100 >> thank you chair. 2059 01:11:07,100 --> 01:11:08,100 planning commission. 2060 01:11:08,100 --> 01:11:10,401 nathan jurey, senior planner. 2061 01:11:11,100 --> 01:11:13,100 yes, this is for the request to 2062 01:11:13,100 --> 01:11:15,401 expand the quarry now. 2063 01:11:16,100 --> 01:11:18,100 jca is request ing approval to 2064 01:11:18,100 --> 01:11:21,100 expand on to 110 acre property 2065 01:11:21,100 --> 01:11:24,100 at the corner of old 56 and 151 2066 01:11:24,100 --> 01:11:25,100 street. 2067 01:11:25,100 --> 01:11:27,100 this request is to extract rock 2068 01:11:27,100 --> 01:11:29,100 from this property by above 2069 01:11:29,100 --> 01:11:32,100 ground quarrying as well as 2070 01:11:33,100 --> 01:11:34,100 under ground mining. 2071 01:11:34,100 --> 01:11:36,100 the request doesn't include 2072 01:11:36,100 --> 01:11:38,100 rock crushing on the site, 2073 01:11:38,100 --> 01:11:40,100 stock piling or sales on the 2074 01:11:40,100 --> 01:11:41,100 expansion area, specifically as 2075 01:11:41,100 --> 01:11:43,100 those operations will continue 2076 01:11:43,100 --> 01:11:46,100 to occur on the existing 2077 01:11:46,100 --> 01:11:48,100 quarry. 2078 01:11:49,100 --> 01:11:51,100 the special use request is 2079 01:11:51,100 --> 01:11:53,100 contingent on the ag zoning 2080 01:11:53,100 --> 01:11:54,100 request. 2081 01:11:54,100 --> 01:11:56,100 the site must be rezoned from 2082 01:11:56,100 --> 01:11:58,401 county to city zoning. 2083 01:11:59,100 --> 01:12:02,100 shown on the screen here, above 2084 01:12:02,100 --> 01:12:04,100 ground quarry limits shown in 2085 01:12:04,100 --> 01:12:06,100 brown, which comply with the 2086 01:12:06,100 --> 01:12:08,100 required 1 thousand foot 2087 01:12:09,100 --> 01:12:10,100 set[from residential to the 2088 01:12:10,100 --> 01:12:13,100 north and 300 setback shown to 2089 01:12:13,100 --> 01:12:15,100 the west to comply with olathe 2090 01:12:15,100 --> 01:12:17,100 screening requirements. 2091 01:12:18,100 --> 01:12:20,100 requesting a 10 year time limit 2092 01:12:20,100 --> 01:12:21,100 for all the surface quarrying 2093 01:12:21,100 --> 01:12:23,401 operations to be completed. 2094 01:12:26,100 --> 01:12:28,100 for screening, proposing to 2095 01:12:28,100 --> 01:12:30,100 install vegetative birm. 2096 01:12:35,100 --> 01:12:37,100 line of sight were reviewed 2097 01:12:37,100 --> 01:12:39,100 from multiple vantage points 2098 01:12:39,100 --> 01:12:40,100 including one of the highest 2099 01:12:40,100 --> 01:12:42,100 point in the area, which is 2100 01:12:42,100 --> 01:12:44,100 just lake shore and 151 2101 01:12:44,100 --> 01:12:46,100 intersection there. 2102 01:12:46,100 --> 01:12:48,100 and these do confirm the quarry 2103 01:12:48,100 --> 01:12:51,100 will be screened from view from 2104 01:12:51,100 --> 01:12:53,100 that location. 2105 01:12:56,100 --> 01:12:58,401 after 10 years of quarrying, 2106 01:12:59,100 --> 01:13:01,100 jca will reclaim the surface 2107 01:13:01,100 --> 01:13:04,100 with gradual slopes ideal for 2108 01:13:04,100 --> 01:13:05,100 future development. 2109 01:13:05,100 --> 01:13:07,100 all together, reclamation will 2110 01:13:07,100 --> 01:13:09,100 be expected to be completed 2111 01:13:09,100 --> 01:13:10,100 within two years after 2112 01:13:10,100 --> 01:13:12,100 quarrying is done. 2113 01:13:14,100 --> 01:13:16,100 next on the screen are the 2114 01:13:16,100 --> 01:13:18,100 proposed underground mine 2115 01:13:18,100 --> 01:13:19,100 limits. 2116 01:13:19,100 --> 01:13:22,100 so, these mine limits comply 2117 01:13:22,100 --> 01:13:25,100 with the 200 foot setback along 2118 01:13:25,100 --> 01:13:27,100 old 56 highway from the north 2119 01:13:27,100 --> 01:13:29,100 and west property lines as well 2120 01:13:29,100 --> 01:13:32,100 as--I say the mine entrance 2121 01:13:32,100 --> 01:13:34,100 would be located off-site as it 2122 01:13:34,100 --> 01:13:37,100 descends under to the expansion 2123 01:13:40,100 --> 01:13:43,100 quarry and then it will be 2124 01:13:43,100 --> 01:13:45,401 mined underground from there. 2125 01:13:53,100 --> 01:13:54,100 I'll mention this. 2126 01:13:54,100 --> 01:13:57,100 jca is requesting a 15 year 2127 01:13:57,100 --> 01:14:01,100 time limit, or with hard cap of 2128 01:14:01,100 --> 01:14:04,100 the end of 2051, which is 25 2129 01:14:04,100 --> 01:14:06,100 years, whichever occurs first. 2130 01:14:06,100 --> 01:14:08,100 the reason for this unusual 2131 01:14:08,100 --> 01:14:11,100 request I will say is that jca 2132 01:14:11,100 --> 01:14:12,100 expects mine engineering the 2133 01:14:12,100 --> 01:14:14,100 plans and structural for the 2134 01:14:14,100 --> 01:14:17,100 mine to take 5 to 10 years 2135 01:14:17,100 --> 01:14:20,100 after which they expect mining 2136 01:14:20,100 --> 01:14:22,100 to take 15 years. 2137 01:14:25,100 --> 01:14:27,100 the applicant did provide a 2138 01:14:27,100 --> 01:14:28,100 future concept plan to show how 2139 01:14:28,100 --> 01:14:30,100 the property could be developed 2140 01:14:30,100 --> 01:14:31,100 after quarrying and mining are 2141 01:14:31,100 --> 01:14:32,100 both complete. 2142 01:14:32,100 --> 01:14:34,100 buildings are shown along the 2143 01:14:34,100 --> 01:14:36,100 north and west property lines. 2144 01:14:36,100 --> 01:14:39,100 the area to be quarrying again 2145 01:14:39,100 --> 01:14:40,100 is not expected to support 2146 01:14:40,100 --> 01:14:43,100 buildings due to removal of bed 2147 01:14:43,100 --> 01:14:46,100 rock but could support parking, 2148 01:14:46,100 --> 01:14:47,100 stormwater and other small 2149 01:14:47,100 --> 01:14:48,100 structures. 2150 01:14:48,100 --> 01:14:50,100 as stipulated, the undergrounds 2151 01:14:50,100 --> 01:14:52,100 mine is required to be 2152 01:14:52,100 --> 01:14:54,100 engineered to support buildings 2153 01:14:54,100 --> 01:14:56,100 on the surface and underground 2154 01:14:56,100 --> 01:14:58,401 warehousing could go below. 2155 01:15:02,100 --> 01:15:03,100 the comprehensive plan 2156 01:15:03,100 --> 01:15:04,100 designate the property as 2157 01:15:04,100 --> 01:15:06,100 neighborhood commercial and 2158 01:15:06,100 --> 01:15:07,100 business park. 2159 01:15:07,100 --> 01:15:09,100 the proposed use doesn't align 2160 01:15:09,100 --> 01:15:10,100 with the future land use 2161 01:15:10,100 --> 01:15:12,100 designation, the property could 2162 01:15:12,100 --> 01:15:13,100 still be developed with 2163 01:15:13,100 --> 01:15:14,100 commercial and business park 2164 01:15:14,100 --> 01:15:16,100 uses after the land is 2165 01:15:16,100 --> 01:15:18,100 reclaimed. 2166 01:15:18,100 --> 01:15:20,100 to insure alignment with the 2167 01:15:20,100 --> 01:15:22,100 comp plan jca agreed to 2168 01:15:22,100 --> 01:15:23,100 stipulations to insure the 2169 01:15:23,100 --> 01:15:25,100 property can be developed as 2170 01:15:25,100 --> 01:15:28,100 shown on the concept plan. 2171 01:15:28,100 --> 01:15:30,401 also, the proposal achieves 2172 01:15:31,100 --> 01:15:32,100 goals and strategies of the 2173 01:15:32,100 --> 01:15:33,100 comp plan. 2174 01:15:33,100 --> 01:15:35,100 the property will not be 2175 01:15:35,100 --> 01:15:36,100 developed until after 2176 01:15:36,100 --> 01:15:38,100 reclamation protecting this 2177 01:15:38,100 --> 01:15:40,100 property from piece-meal 2178 01:15:40,100 --> 01:15:42,100 development and allowing more 2179 01:15:42,100 --> 01:15:44,100 contiguous development in the 2180 01:15:44,100 --> 01:15:45,100 future. 2181 01:15:45,100 --> 01:15:46,100 the neighborhood meeting was 2182 01:15:46,100 --> 01:15:49,100 held in july with 44 residents, 2183 01:15:49,100 --> 01:15:51,100 meeting minutes from that are 2184 01:15:51,100 --> 01:15:53,100 part of the agenda packet 2185 01:15:53,100 --> 01:15:54,100 before you. 2186 01:15:54,100 --> 01:15:56,401 all public notice requirements 2187 01:15:58,100 --> 01:15:59,100 melt. 2188 01:15:59,100 --> 01:16:00,100 received written comments from 2189 01:16:00,100 --> 01:16:01,100 six individuals also in the 2190 01:16:01,100 --> 01:16:03,100 agenda and received the five 2191 01:16:03,100 --> 01:16:05,401 correspondence as well since 2192 01:16:06,100 --> 01:16:08,100 publication and that is 2193 01:16:08,100 --> 01:16:10,401 provided to you tonight. 2194 01:16:11,100 --> 01:16:13,100 the topics from the public 2195 01:16:13,100 --> 01:16:15,100 correspondence have really been 2196 01:16:15,100 --> 01:16:18,100 around air quality, dust, rock 2197 01:16:18,100 --> 01:16:20,100 spillage, blasting, water 2198 01:16:20,100 --> 01:16:22,100 quality and property value 2199 01:16:22,100 --> 01:16:23,100 impacts. 2200 01:16:23,100 --> 01:16:25,401 again, regarding dust, this 2201 01:16:27,100 --> 01:16:28,100 property will be reclaimed 2202 01:16:28,100 --> 01:16:30,401 after surface quarrying is 2203 01:16:31,100 --> 01:16:33,100 completed in 10 years. 2204 01:16:33,100 --> 01:16:34,100 really limiting any dust 2205 01:16:34,100 --> 01:16:36,100 created from this site at that 2206 01:16:36,100 --> 01:16:38,100 point. 2207 01:16:41,100 --> 01:16:43,401 once--the rock spillage on 2208 01:16:44,100 --> 01:16:46,100 public roads is not a concern 2209 01:16:46,100 --> 01:16:49,100 since they are not accessing a 2210 01:16:49,100 --> 01:16:51,100 public road directly rock from 2211 01:16:51,100 --> 01:16:52,100 this property will be 2212 01:16:52,100 --> 01:16:54,100 transferred over to the rock 2213 01:16:54,100 --> 01:16:55,100 crusher on the existing 2214 01:16:55,100 --> 01:16:56,100 property, and so there is no 2215 01:16:56,100 --> 01:16:58,100 concerns about rock spillage 2216 01:16:58,100 --> 01:17:00,401 from this property itself. 2217 01:17:02,100 --> 01:17:04,401 regarding addressing the dust 2218 01:17:05,100 --> 01:17:06,100 during that requested 10 year 2219 01:17:06,100 --> 01:17:09,100 time limit, jca submitted the 2220 01:17:09,100 --> 01:17:11,100 dust control plan, which 2221 01:17:11,100 --> 01:17:13,100 includes measures to reduce 2222 01:17:13,100 --> 01:17:14,100 dust. 2223 01:17:14,100 --> 01:17:15,100 this includes dust monitoring, 2224 01:17:15,100 --> 01:17:17,401 watering haul roads and 2225 01:17:19,100 --> 01:17:21,100 limiting vehicle speeds on 2226 01:17:21,100 --> 01:17:23,100 their property. 2227 01:17:23,100 --> 01:17:25,100 there is no rock crusher on the 2228 01:17:25,100 --> 01:17:27,401 expansion, so just clarifying 2229 01:17:28,100 --> 01:17:31,100 that, and again, they do plan 2230 01:17:31,100 --> 01:17:33,100 to make this a living document 2231 01:17:33,100 --> 01:17:35,100 and adjust it annually as 2232 01:17:35,100 --> 01:17:38,100 needed to comply with their 2233 01:17:38,100 --> 01:17:40,401 operations as they change. 2234 01:17:42,100 --> 01:17:44,100 lastly, they will maintain a 2235 01:17:44,100 --> 01:17:46,100 complaint log and report to 2236 01:17:46,100 --> 01:17:48,100 city council periodically. 2237 01:17:49,100 --> 01:17:51,401 regarding blasting, jca will 2238 01:17:52,100 --> 01:17:54,100 use blasting to extract rock 2239 01:17:54,100 --> 01:17:56,100 which creates noise and ground 2240 01:17:56,100 --> 01:17:57,100 vibrations. 2241 01:17:57,100 --> 01:17:58,100 to address this concern, jca 2242 01:17:58,100 --> 01:18:00,100 did commission a vibration 2243 01:18:00,100 --> 01:18:03,100 study which is a third party 2244 01:18:03,100 --> 01:18:04,100 professional firm that 2245 01:18:04,100 --> 01:18:06,100 specializes in vibration 2246 01:18:07,100 --> 01:18:08,100 monitoring. 2247 01:18:08,100 --> 01:18:09,100 this study confirms how 2248 01:18:09,100 --> 01:18:11,401 blasting can occur in 2249 01:18:12,100 --> 01:18:14,100 compliance with olathe 2250 01:18:15,100 --> 01:18:17,100 standards and the study 2251 01:18:17,100 --> 01:18:19,100 confirms it is possible, 2252 01:18:19,100 --> 01:18:21,100 seismic monitoring of every 2253 01:18:21,100 --> 01:18:23,100 blast is required in real time 2254 01:18:23,100 --> 01:18:24,100 for each blast for compliance 2255 01:18:24,100 --> 01:18:28,100 and that is sent to the fire 2256 01:18:28,100 --> 01:18:29,100 marshal. 2257 01:18:29,100 --> 01:18:32,100 jca agreed to conduct the 2258 01:18:32,100 --> 01:18:33,100 pre-blast surveys of structures 2259 01:18:33,100 --> 01:18:36,100 within 1800 feet of the surface 2260 01:18:38,100 --> 01:18:40,100 quarry area more then double 2261 01:18:40,100 --> 01:18:42,100 olathe standard pre-blast 2262 01:18:42,100 --> 01:18:43,100 survey distance. 2263 01:18:43,100 --> 01:18:46,100 also, they provide a automated 2264 01:18:47,100 --> 01:18:49,100 notification service to help 2265 01:18:49,100 --> 01:18:51,100 notify residents within or 2266 01:18:51,100 --> 01:18:53,100 anyone that signs up for it 2267 01:18:53,100 --> 01:18:54,100 really that blasts are 2268 01:18:54,100 --> 01:18:57,100 occurring at intervals and sent 2269 01:18:57,100 --> 01:18:59,100 out leading up to the actual 2270 01:18:59,100 --> 01:19:01,100 blast event. 2271 01:19:02,100 --> 01:19:04,100 so, in summary, this request 2272 01:19:04,100 --> 01:19:06,401 meets approval criteria and 2273 01:19:07,100 --> 01:19:09,100 aligns with the comp plan. 2274 01:19:09,100 --> 01:19:10,100 staff recommends approval of 2275 01:19:10,100 --> 01:19:11,100 the expansion with the 2276 01:19:11,100 --> 01:19:13,100 stipulations outlined in the 2277 01:19:13,100 --> 01:19:14,100 staff report. 2278 01:19:14,100 --> 01:19:17,100 jca is amenable to staff 2279 01:19:17,100 --> 01:19:19,100 recommended stips which are 2280 01:19:19,100 --> 01:19:20,100 again regarding the topics on 2281 01:19:20,100 --> 01:19:23,100 the slide here hours of 2282 01:19:23,100 --> 01:19:24,100 operation, blasting, visible, 2283 01:19:24,100 --> 01:19:27,100 air and water quality, public 2284 01:19:30,100 --> 01:19:32,100 [inaudible] I stand for 2285 01:19:32,100 --> 01:19:34,100 questions and believe curtis 2286 01:19:34,100 --> 01:19:36,401 peterson has a brief 2287 01:19:38,100 --> 01:19:40,100 presentations or comment on the 2288 01:19:40,100 --> 01:19:41,100 records. 2289 01:19:41,100 --> 01:19:42,100 >> thank you. 2290 01:19:42,100 --> 01:19:43,100 questions for staff? 2291 01:19:43,100 --> 01:19:44,100 commissioner lynn. 2292 01:19:44,100 --> 01:19:45,100 >> thank you mr. Chair. 2293 01:19:45,100 --> 01:19:46,100 I have two questions. 2294 01:19:46,100 --> 01:19:47,100 the first one, on the future 2295 01:19:47,100 --> 01:19:49,100 land use map that shows 2296 01:19:49,100 --> 01:19:51,100 neighborhood commercial in the 2297 01:19:51,100 --> 01:19:54,100 northern part of the area, are 2298 01:19:54,100 --> 01:19:56,100 there any other area 2299 01:19:56,100 --> 01:19:58,100 surrounding the oak run 2300 01:19:58,100 --> 01:20:01,100 neighborhood that is meant to 2301 01:20:01,100 --> 01:20:03,100 be neighborhood commercial? 2302 01:20:04,100 --> 01:20:07,100 >> other then this area, I 2303 01:20:07,100 --> 01:20:08,100 don't know entirely. 2304 01:20:08,100 --> 01:20:09,100 I have to look at the future 2305 01:20:09,100 --> 01:20:11,100 land use map if there is 2306 01:20:11,100 --> 01:20:12,100 something on another side of 2307 01:20:12,100 --> 01:20:14,100 oak run. 2308 01:20:15,100 --> 01:20:16,100 >> planning development 2309 01:20:16,100 --> 01:20:18,100 manager, there is another node 2310 01:20:18,100 --> 01:20:21,100 west of prairie highlands, so 2311 01:20:21,100 --> 01:20:23,100 you have oak run and prairie 2312 01:20:23,100 --> 01:20:25,100 highland and there is a node on 2313 01:20:25,100 --> 01:20:28,100 plan olathe and we preserved it 2314 01:20:28,100 --> 01:20:29,100 in elevate olathe. 2315 01:20:29,100 --> 01:20:30,100 the idea is have the nodes 2316 01:20:30,100 --> 01:20:32,401 dispersed along major roadways 2317 01:20:34,100 --> 01:20:36,100 near neighborhoods and as you 2318 01:20:36,100 --> 01:20:39,100 go north you get one at 135 and 2319 01:20:39,100 --> 01:20:40,100 hedge. 2320 01:20:40,100 --> 01:20:42,100 largely there is residential 2321 01:20:42,100 --> 01:20:44,100 development already zoned near 2322 01:20:44,100 --> 01:20:45,100 oak run. 2323 01:20:45,100 --> 01:20:46,100 >> okay, thank you. 2324 01:20:46,100 --> 01:20:48,100 how much does the undergrounds 2325 01:20:48,100 --> 01:20:50,401 mining effect the future 2326 01:20:51,100 --> 01:20:53,100 surface development? 2327 01:20:54,100 --> 01:20:56,100 >> specifically- 2328 01:20:56,100 --> 01:20:57,100 >> in this area? 2329 01:20:57,100 --> 01:20:58,100 >> on the property itself? 2330 01:20:58,100 --> 01:20:59,100 >> yes. 2331 01:20:59,100 --> 01:21:02,100 >> so, the mine itself will be 2332 01:21:02,100 --> 01:21:04,100 engineered to-there will be a 2333 01:21:04,100 --> 01:21:07,100 floor and a ceiling and columns 2334 01:21:07,100 --> 01:21:08,100 between in essence and they 2335 01:21:08,100 --> 01:21:11,100 engine to make sure that can 2336 01:21:11,100 --> 01:21:12,100 support up to 5 story building 2337 01:21:12,100 --> 01:21:13,100 on the surface. 2338 01:21:13,100 --> 01:21:15,100 >> okay, thank you. 2339 01:21:17,100 --> 01:21:18,100 >> additional questions for 2340 01:21:18,100 --> 01:21:20,100 commissioners? 2341 01:21:21,100 --> 01:21:22,100 commissioner bergida. 2342 01:21:22,100 --> 01:21:24,401 >> thank you mr. Chairman. 2343 01:21:25,100 --> 01:21:26,100 I want to make sure I 2344 01:21:26,100 --> 01:21:28,100 understand correctly, with the 2345 01:21:28,100 --> 01:21:31,100 thousand foot setback on this 2346 01:21:32,100 --> 01:21:35,100 parcel, what is it currently? 2347 01:21:37,100 --> 01:21:40,100 is it 1217 with this,b it seems 2348 01:21:40,100 --> 01:21:41,100 like from the nearest house or 2349 01:21:41,100 --> 01:21:43,401 structure to where blasting 2350 01:21:44,100 --> 01:21:45,100 would be. 2351 01:21:45,100 --> 01:21:46,100 what is it currently? 2352 01:21:46,100 --> 01:21:48,100 what is that distance? 2353 01:21:48,100 --> 01:21:50,401 >> from the existing quarry? 2354 01:21:51,100 --> 01:21:52,100 >> correct. 2355 01:21:52,100 --> 01:21:54,100 >> okay. 2356 01:21:54,100 --> 01:21:55,100 I had that number. 2357 01:21:55,100 --> 01:21:57,100 I believe it is around like 2358 01:21:57,100 --> 01:21:59,100 1500 maybe. 2359 01:22:00,100 --> 01:22:01,100 >> so a couple hundred feet 2360 01:22:01,100 --> 01:22:04,100 difference in terms of the 2361 01:22:07,100 --> 01:22:08,100 closest blast? 2362 01:22:08,100 --> 01:22:10,100 >> let me--I might- 2363 01:22:11,100 --> 01:22:13,100 >> 1500 versus 1200. 2364 01:22:13,100 --> 01:22:16,100 do I have the numbers correct? 2365 01:22:16,100 --> 01:22:17,100 >> excuse me, allow the 2366 01:22:17,100 --> 01:22:19,100 speakers to have the floor 2367 01:22:19,100 --> 01:22:21,100 here. 2368 01:22:26,100 --> 01:22:28,100 >> 1500 feet from the existing 2369 01:22:28,100 --> 01:22:30,100 surface quarry area is roughly 2370 01:22:30,100 --> 01:22:33,100 to that 600 foot setback mark 2371 01:22:34,100 --> 01:22:37,100 and then, from the closest 2372 01:22:37,100 --> 01:22:40,100 house to the underground mine 2373 01:22:40,100 --> 01:22:42,401 area would be about 1250. 2374 01:22:43,100 --> 01:22:44,100 >> okay. 2375 01:22:44,100 --> 01:22:47,100 so, the setback for underground 2376 01:22:47,100 --> 01:22:49,100 is 600 feet, but in terms of 2377 01:22:49,100 --> 01:22:51,100 above ground blasting- 2378 01:22:51,100 --> 01:22:53,100 >> the setback for the above 2379 01:22:53,100 --> 01:22:54,100 ground is 600 feet. 2380 01:22:54,100 --> 01:22:56,401 the 200 foot setback is 2381 01:22:58,100 --> 01:22:59,100 underground. 2382 01:22:59,100 --> 01:23:00,100 >> what is the thousand foot 2383 01:23:00,100 --> 01:23:01,100 that I saw? 2384 01:23:01,100 --> 01:23:04,100 >> so, this was back in 1988. 2385 01:23:04,100 --> 01:23:06,100 these setbacks were set when we 2386 01:23:06,100 --> 01:23:07,100 didn't have the thousand foot 2387 01:23:07,100 --> 01:23:09,100 setback requirement, so that is 2388 01:23:09,100 --> 01:23:12,100 a new requirement and that's 2389 01:23:12,100 --> 01:23:13,100 why they propose the thousand 2390 01:23:13,100 --> 01:23:14,100 foot. 2391 01:23:14,100 --> 01:23:15,100 and, on the new one it is 2392 01:23:15,100 --> 01:23:16,100 thousand? 2393 01:23:16,100 --> 01:23:17,100 >> it is a thousand. 2394 01:23:17,100 --> 01:23:18,100 >> okay. 2395 01:23:18,100 --> 01:23:20,100 the closest is 1250 currently 2396 01:23:20,100 --> 01:23:23,100 and then with this new one the 2397 01:23:23,100 --> 01:23:26,100 closest would be 1217, is that 2398 01:23:27,100 --> 01:23:28,100 correct? 2399 01:23:28,100 --> 01:23:30,100 a 43 foot difference? 2400 01:23:35,100 --> 01:23:37,401 >> the underground goes to 600. 2401 01:23:40,100 --> 01:23:41,100 >> but above ground would be- 2402 01:23:41,100 --> 01:23:43,100 >> 1217. 2403 01:23:43,100 --> 01:23:45,100 >> okay, thank you. 2404 01:23:47,100 --> 01:23:48,100 all I got. 2405 01:23:48,100 --> 01:23:49,100 >> thank you. 2406 01:23:49,100 --> 01:23:50,100 commissioner brown. 2407 01:23:50,100 --> 01:23:53,100 >> mr. Jurey, could you-you had 2408 01:23:54,100 --> 01:23:56,401 a couple slides-built time 2409 01:23:57,100 --> 01:23:58,100 limits. 2410 01:23:58,100 --> 01:23:59,100 could you pull the first one 2411 01:23:59,100 --> 01:24:01,100 up? 2412 01:24:01,100 --> 01:24:03,100 even you said it was a oddly 2413 01:24:03,100 --> 01:24:04,100 worded. 2414 01:24:04,100 --> 01:24:06,401 >> for underground mining time 2415 01:24:07,100 --> 01:24:08,100 limit? 2416 01:24:08,100 --> 01:24:09,100 >> that isn't the slide I'm 2417 01:24:09,100 --> 01:24:11,100 looking for. 2418 01:24:12,100 --> 01:24:13,100 >> this one? 2419 01:24:13,100 --> 01:24:14,100 >> no. 2420 01:24:14,100 --> 01:24:16,100 well-- yes. 2421 01:24:16,100 --> 01:24:17,100 yes. 2422 01:24:17,100 --> 01:24:20,601 you said that was oddly worded. 2423 01:24:21,100 --> 01:24:24,100 15 years after mine begins or 2424 01:24:24,100 --> 01:24:26,100 20-which ever comes first. 2425 01:24:26,100 --> 01:24:29,100 which ever comes first concerns 2426 01:24:29,100 --> 01:24:31,100 me, because if 15 years comes 2427 01:24:31,100 --> 01:24:34,100 first then it ends at 15 years. 2428 01:24:34,100 --> 01:24:36,100 >> so, it is 15 years after 2429 01:24:36,100 --> 01:24:37,100 mining begins. 2430 01:24:37,100 --> 01:24:39,100 in essence, their proposal is 2431 01:24:39,100 --> 01:24:41,100 they work on the structural 2432 01:24:41,100 --> 01:24:43,100 plans for the mine and they 2433 01:24:43,100 --> 01:24:44,100 expect that to take 5 or 10 2434 01:24:44,100 --> 01:24:47,100 years, and then at that point 2435 01:24:47,100 --> 01:24:51,100 they will start to mine and so, 2436 01:24:51,100 --> 01:24:54,100 it will-that 15 year time clock 2437 01:24:54,100 --> 01:24:56,100 or shot clock will start when 2438 01:24:56,100 --> 01:24:58,100 they start mining. 2439 01:24:59,100 --> 01:25:01,100 if they mine 5 years from now, 2440 01:25:01,100 --> 01:25:04,100 it is a 20 year time limit or 2441 01:25:04,100 --> 01:25:06,100 if they start mining 10 years 2442 01:25:06,100 --> 01:25:08,100 from now it is 25 year time 2443 01:25:08,100 --> 01:25:10,100 limit. 2444 01:25:10,100 --> 01:25:13,100 >> why put in 2051 at all? 2445 01:25:15,100 --> 01:25:18,100 >> so, I will say, 2051 does 2446 01:25:20,100 --> 01:25:22,401 set a end date. 2447 01:25:23,100 --> 01:25:25,401 if structural engineering takes 2448 01:25:29,100 --> 01:25:31,100 15 years, they only have 10 2449 01:25:31,100 --> 01:25:32,100 years left to underground mine 2450 01:25:32,100 --> 01:25:33,100 the property. 2451 01:25:33,100 --> 01:25:35,100 >> if the structural part of it 2452 01:25:35,100 --> 01:25:38,100 takes 10 years, then they have 2453 01:25:38,100 --> 01:25:41,100 another 15 years on top that. 2454 01:25:41,100 --> 01:25:43,401 less 25 years, rather then--it 2455 01:25:44,100 --> 01:25:47,100 seems like one would expire 2456 01:25:47,100 --> 01:25:49,100 before the other. 2457 01:25:49,100 --> 01:25:51,100 which takes president 2458 01:25:55,100 --> 01:25:57,100 >> trying to understand what 2459 01:25:57,100 --> 01:25:58,100 this concern is. 2460 01:25:58,100 --> 01:26:00,100 sorry. 2461 01:26:01,100 --> 01:26:05,100 so, if they don't mine at all, 2462 01:26:05,100 --> 01:26:07,401 2051 is the expiration date. 2463 01:26:08,100 --> 01:26:10,100 >> okay. 2464 01:26:10,100 --> 01:26:13,100 >> if they mine in 5 years, 2465 01:26:14,100 --> 01:26:16,100 2046 would be the expiration 2466 01:26:16,100 --> 01:26:18,100 date because it is 5 plus the 2467 01:26:18,100 --> 01:26:20,100 15 of mining. 2468 01:26:20,100 --> 01:26:22,100 or if they started today if 2469 01:26:22,100 --> 01:26:24,100 they had all the structural 2470 01:26:24,100 --> 01:26:25,100 engineering plans ready and 2471 01:26:25,100 --> 01:26:28,100 ready to start mining today, it 2472 01:26:28,100 --> 01:26:31,100 would be a 15 year time limit. 2473 01:26:31,100 --> 01:26:32,100 >> got it. 2474 01:26:32,100 --> 01:26:33,100 >> we didn't want just a 15 2475 01:26:33,100 --> 01:26:35,100 year time limit from the start 2476 01:26:35,100 --> 01:26:37,100 of mining, because that would 2477 01:26:37,100 --> 01:26:39,100 not put a end date at there 2478 01:26:39,100 --> 01:26:40,100 back end. 2479 01:26:40,100 --> 01:26:42,100 there is no back-stop because 2480 01:26:42,100 --> 01:26:43,100 it only starts when they start 2481 01:26:43,100 --> 01:26:45,100 mining and they don't mine for 2482 01:26:45,100 --> 01:26:48,100 50 years we wanted a backstop 2483 01:26:49,100 --> 01:26:51,100 so we know there is a time 2484 01:26:51,100 --> 01:26:53,100 limit of when it would stop at 2485 01:26:53,100 --> 01:26:54,100 the very end. 2486 01:26:54,100 --> 01:26:57,100 >> you had another time limit 2487 01:26:57,100 --> 01:27:00,100 of 10 years on a slide 2488 01:27:00,100 --> 01:27:02,100 someplace. 2489 01:27:03,100 --> 01:27:04,100 >> that 10 year time limit is 2490 01:27:04,100 --> 01:27:06,100 just for the surface quarrying, 2491 01:27:06,100 --> 01:27:08,100 so that starts the day 2492 01:27:08,100 --> 01:27:09,100 approved. 2493 01:27:09,100 --> 01:27:11,100 they are ready to go on that, 2494 01:27:11,100 --> 01:27:13,100 so they will start quarrying 2495 01:27:13,100 --> 01:27:16,100 above ground and they take 10 2496 01:27:16,100 --> 01:27:17,100 years. 2497 01:27:17,100 --> 01:27:19,100 >> when you say when approved, 2498 01:27:19,100 --> 01:27:21,100 is--council? 2499 01:27:22,100 --> 01:27:23,100 so they can start that in 2500 01:27:23,100 --> 01:27:24,100 november? 2501 01:27:24,100 --> 01:27:25,100 >> yes. 2502 01:27:25,100 --> 01:27:27,100 >> thank you. 2503 01:27:28,100 --> 01:27:30,401 >> any additional questions for 2504 01:27:31,100 --> 01:27:33,100 staff or applicant? 2505 01:27:34,100 --> 01:27:35,100 is the applicant making a 2506 01:27:35,100 --> 01:27:37,100 presentation first? 2507 01:27:37,100 --> 01:27:38,100 >> yes, sir. 2508 01:27:38,100 --> 01:27:39,100 >> make your way up mr. 2509 01:27:39,100 --> 01:27:41,100 peterson. 2510 01:27:45,100 --> 01:27:46,100 >> good evening again chair, 2511 01:27:46,100 --> 01:27:48,100 commissioners, kurt peterson, 2512 01:27:48,100 --> 01:27:50,401 900 west 48 place, kansas city 2513 01:27:51,100 --> 01:27:54,100 missouri here on behalf of the 2514 01:27:54,100 --> 01:27:55,100 applicant. 2515 01:27:55,100 --> 01:27:56,100 again, I have dan jones the 2516 01:27:56,100 --> 01:27:58,100 team with us here. 2517 01:27:58,100 --> 01:27:59,100 quickly I like to provide 2518 01:27:59,100 --> 01:28:01,100 context and background for what 2519 01:28:01,100 --> 01:28:03,100 really was a incredible amount 2520 01:28:03,100 --> 01:28:05,401 maybe record-breaking for me 2521 01:28:06,100 --> 01:28:07,100 with professional staff over 2522 01:28:07,100 --> 01:28:09,100 the last number of months and 2523 01:28:09,100 --> 01:28:10,100 detail and several pages of 2524 01:28:10,100 --> 01:28:11,100 stipulations. 2525 01:28:11,100 --> 01:28:13,100 I feel the back and forth with 2526 01:28:13,100 --> 01:28:15,100 what I agree commissioner brown 2527 01:28:15,100 --> 01:28:17,100 can be-we all tripped over-what 2528 01:28:17,100 --> 01:28:19,100 are the duration. 2529 01:28:19,100 --> 01:28:21,100 very brief I will one last time 2530 01:28:21,100 --> 01:28:22,100 have it come out of my mouth 2531 01:28:22,100 --> 01:28:24,100 and make remarks so if you 2532 01:28:24,100 --> 01:28:26,100 think why are you repeating 2533 01:28:26,100 --> 01:28:28,100 just that duplication for 2534 01:28:28,100 --> 01:28:29,100 emphasis if you don't mind. 2535 01:28:29,100 --> 01:28:31,100 the existing quarry as mr. 2536 01:28:31,100 --> 01:28:33,100 jurey indicated has the 2537 01:28:33,100 --> 01:28:34,100 indefinite sup. 2538 01:28:34,100 --> 01:28:37,100 whatever the shape is, the j on 2539 01:28:37,100 --> 01:28:38,100 the screen. 2540 01:28:38,100 --> 01:28:39,100 we owned the approximately 110 2541 01:28:39,100 --> 01:28:42,100 acres which is referred as the 2542 01:28:42,100 --> 01:28:44,100 expansion quarry. 2543 01:28:44,100 --> 01:28:45,100 we owned the land for about 25 2544 01:28:45,100 --> 01:28:47,100 years. 2545 01:28:47,100 --> 01:28:49,100 we are ready to begin surface 2546 01:28:49,100 --> 01:28:50,100 quarrying. 2547 01:28:50,100 --> 01:28:53,100 it is subject of this permit 2548 01:28:53,100 --> 01:28:54,100 application, but very 2549 01:28:54,100 --> 01:28:56,100 importantly, first time period, 2550 01:28:56,100 --> 01:29:00,100 from the time it is approved if 2551 01:29:00,100 --> 01:29:02,100 approved by council we have 10 2552 01:29:02,100 --> 01:29:03,100 years full stop. 2553 01:29:03,100 --> 01:29:06,100 if there is surface rock left 2554 01:29:06,100 --> 01:29:07,100 to get in the surface area in 2555 01:29:07,100 --> 01:29:08,100 green on the screen and 10 2556 01:29:08,100 --> 01:29:10,100 years expired from the time if 2557 01:29:10,100 --> 01:29:12,100 it is by the city council, 2558 01:29:12,100 --> 01:29:13,100 tough luck. 2559 01:29:13,100 --> 01:29:15,100 can't get anymore surface 2560 01:29:15,100 --> 01:29:16,100 quarrying out that. 2561 01:29:16,100 --> 01:29:18,100 after 10 years, that is it. 2562 01:29:18,100 --> 01:29:20,100 no more surface quarrying on 2563 01:29:20,100 --> 01:29:21,100 the expansion quarry. 2564 01:29:21,100 --> 01:29:23,100 importantly, after the 10 years 2565 01:29:23,100 --> 01:29:25,100 of surface mining, we will 2566 01:29:25,100 --> 01:29:27,100 immediately as mr. Jurey made 2567 01:29:27,100 --> 01:29:29,100 quick reference 10 years is up, 2568 01:29:29,100 --> 01:29:30,100 we'll immediately spend two 2569 01:29:30,100 --> 01:29:32,100 years on that green property on 2570 01:29:32,100 --> 01:29:35,100 the screen and reclaim it. 2571 01:29:35,100 --> 01:29:37,100 we get it ready for 2572 01:29:37,100 --> 01:29:38,100 development. 2573 01:29:38,100 --> 01:29:39,100 so, that it can be developed in 2574 01:29:39,100 --> 01:29:42,100 accordance with the comp plan. 2575 01:29:42,100 --> 01:29:44,100 whether that means commercial, 2576 01:29:44,100 --> 01:29:47,100 you saw retail in the corner. 2577 01:29:47,100 --> 01:29:49,100 it is up to the city whether it 2578 01:29:49,100 --> 01:29:50,100 wants park land. 2579 01:29:50,100 --> 01:29:51,100 it isn't our decision. 2580 01:29:51,100 --> 01:29:52,100 whatever the city wants to do, 2581 01:29:52,100 --> 01:29:54,100 we will have it ready and 2582 01:29:54,100 --> 01:29:55,100 reclaimed for the city. 2583 01:29:55,100 --> 01:29:58,100 after the 10 years this the key 2584 01:29:58,100 --> 01:29:59,100 second part. 2585 01:29:59,100 --> 01:30:00,100 after the 10 year period and we 2586 01:30:00,100 --> 01:30:02,100 are reclaiming for two years, 2587 01:30:02,100 --> 01:30:05,601 we have been spending it can 2588 01:30:06,100 --> 01:30:08,100 take 5, 6, 7, 8 years engineers 2589 01:30:10,100 --> 01:30:11,100 and tunneling and wide enough 2590 01:30:11,100 --> 01:30:13,100 to bring rock out can be a 2591 01:30:13,100 --> 01:30:14,100 decade. 2592 01:30:14,100 --> 01:30:16,100 the bottom line, the most we 2593 01:30:16,100 --> 01:30:17,100 can be doing underground there 2594 01:30:17,100 --> 01:30:19,100 from a deadline perspective 2595 01:30:19,100 --> 01:30:22,100 under the green area is the 2596 01:30:22,100 --> 01:30:25,100 most it could be is if we get 2597 01:30:25,100 --> 01:30:27,100 to the 10 year period on the 2598 01:30:27,100 --> 01:30:29,100 surface and the next day we 2599 01:30:29,100 --> 01:30:31,100 started spend all the time to 2600 01:30:31,100 --> 01:30:32,100 get there and started 2601 01:30:32,100 --> 01:30:34,100 underground mining we have 15 2602 01:30:34,100 --> 01:30:35,100 years and if you add that up 2603 01:30:35,100 --> 01:30:36,100 that is how you get the 2604 01:30:36,100 --> 01:30:38,100 december 31, 2051 date. 2605 01:30:39,100 --> 01:30:40,100 if we get there earlier and 2606 01:30:40,100 --> 01:30:41,100 started earlier this was the 2607 01:30:41,100 --> 01:30:44,100 provision to protect the city. 2608 01:30:44,100 --> 01:30:45,100 it wasn't our request. 2609 01:30:45,100 --> 01:30:47,100 we just said that and staff 2610 01:30:47,100 --> 01:30:49,100 said, no, what if you get in 2611 01:30:49,100 --> 01:30:51,100 there earlier then 10 years on 2612 01:30:51,100 --> 01:30:52,100 the surface doing your business 2613 01:30:52,100 --> 01:30:54,100 and but underground and got 2614 01:30:54,100 --> 01:30:56,100 faster then you thought, you 2615 01:30:56,100 --> 01:30:58,100 only get 15 years because that 2616 01:30:58,100 --> 01:31:00,100 happens before 20fib2051. 2617 01:31:03,100 --> 01:31:04,100 hopefully we are crystal clear 2618 01:31:04,100 --> 01:31:06,100 on the time limits. 2619 01:31:06,100 --> 01:31:09,100 so, all that is just quick 2620 01:31:09,100 --> 01:31:10,100 context and backgrounds for the 2621 01:31:10,100 --> 01:31:11,100 why. 2622 01:31:11,100 --> 01:31:14,100 we are asking and what. 2623 01:31:15,100 --> 01:31:16,100 what are we doing? 2624 01:31:16,100 --> 01:31:17,100 the last remaining issue I 2625 01:31:17,100 --> 01:31:19,100 wanted to touch on because we 2626 01:31:19,100 --> 01:31:22,100 spent months and months working 2627 01:31:22,100 --> 01:31:23,100 on it is the how. 2628 01:31:23,100 --> 01:31:25,100 how are we going to do this on 2629 01:31:25,100 --> 01:31:28,100 that 109 acres in green on the 2630 01:31:28,100 --> 01:31:29,100 screen there? 2631 01:31:29,100 --> 01:31:31,100 above ground and underground. 2632 01:31:31,100 --> 01:31:32,100 from the beginning when we 2633 01:31:32,100 --> 01:31:34,100 first conceived this and 2634 01:31:34,100 --> 01:31:36,100 started internally coming up 2635 01:31:36,100 --> 01:31:38,401 with thesis statements and 2636 01:31:39,100 --> 01:31:40,100 commitments we had a meeting 2637 01:31:40,100 --> 01:31:41,100 with the neighborhoods to the 2638 01:31:41,100 --> 01:31:42,100 north and northwest well 2639 01:31:42,100 --> 01:31:44,100 attended and then we met with 2640 01:31:44,100 --> 01:31:45,100 city staff and worked for a 2641 01:31:45,100 --> 01:31:47,100 long time with city staff and 2642 01:31:47,100 --> 01:31:49,100 the planning commission. 2643 01:31:49,100 --> 01:31:52,100 we dedicated to one thesis 2644 01:31:52,100 --> 01:31:54,100 statement we mean it. 2645 01:31:54,100 --> 01:31:56,100 said this and now here before 2646 01:31:56,100 --> 01:31:57,100 you and the council. 2647 01:31:57,100 --> 01:32:00,100 if we don't make the situation 2648 01:32:00,100 --> 01:32:02,100 better off for the community, 2649 01:32:02,100 --> 01:32:03,100 if you don't think we are 2650 01:32:03,100 --> 01:32:05,100 making it better off through 2651 01:32:05,100 --> 01:32:07,100 everything we propose through 2 2652 01:32:07,100 --> 01:32:08,100 and a half pages of 2653 01:32:08,100 --> 01:32:10,100 stipulations from staff 2654 01:32:10,100 --> 01:32:11,100 probably shouldn't support it. 2655 01:32:11,100 --> 01:32:13,100 if we make it better off then 2656 01:32:13,100 --> 01:32:15,100 continue with sup meeting all 2657 01:32:15,100 --> 01:32:16,100 legal obligations we do today 2658 01:32:16,100 --> 01:32:19,100 and always will, think it is 2659 01:32:19,100 --> 01:32:21,100 pretty compelling to support 2660 01:32:21,100 --> 01:32:24,100 this and make it better off. 2661 01:32:24,100 --> 01:32:26,100 as we developed our detailed 2662 01:32:26,100 --> 01:32:27,100 operational plans and 2663 01:32:27,100 --> 01:32:29,100 commitments, that are translate 2664 01:32:29,100 --> 01:32:31,100 under to this lengthy proposed 2665 01:32:31,100 --> 01:32:33,100 stipulation by staff, we are 2666 01:32:33,100 --> 01:32:35,100 trying to create overall 2667 01:32:35,100 --> 01:32:37,100 operation overall the 2668 01:32:37,100 --> 01:32:39,100 application hearing now and you 2669 01:32:39,100 --> 01:32:42,100 heard a few minutes ago, 2670 01:32:42,100 --> 01:32:43,100 something that is dramatically 2671 01:32:43,100 --> 01:32:45,401 better operated from dust, 2672 01:32:46,100 --> 01:32:47,100 blasting and everything you can 2673 01:32:47,100 --> 01:32:49,100 think of then what we have 2674 01:32:49,100 --> 01:32:50,100 today. 2675 01:32:50,100 --> 01:32:53,100 and, the standard met is we 2676 01:32:53,100 --> 01:32:54,100 will be the quarry that is the 2677 01:32:54,100 --> 01:32:56,100 best operated quarry in the 2678 01:32:56,100 --> 01:32:57,100 quarry that everybody looks to 2679 01:32:57,100 --> 01:33:01,201 not only in the city olathe but 2680 01:33:02,100 --> 01:33:04,100 entire metro. 2681 01:33:04,100 --> 01:33:06,100 so, rather then regurgitate 2682 01:33:06,100 --> 01:33:08,100 staff's presentation, the staff 2683 01:33:08,100 --> 01:33:10,100 report all the stipulations and 2684 01:33:10,100 --> 01:33:12,100 lengthy dust control plan, I 2685 01:33:12,100 --> 01:33:13,100 thought I just close with 2686 01:33:13,100 --> 01:33:15,100 mentioning a couple high level 2687 01:33:15,100 --> 01:33:16,100 points to bring it back and of 2688 01:33:16,100 --> 01:33:19,100 course there is a couple 2689 01:33:19,100 --> 01:33:21,100 unanswered questions I will 2690 01:33:21,100 --> 01:33:22,100 answer too. 2691 01:33:22,100 --> 01:33:23,100 please ask questions because 2692 01:33:23,100 --> 01:33:24,100 there is a lot of substance and 2693 01:33:24,100 --> 01:33:26,100 if unanswered I want to address 2694 01:33:26,100 --> 01:33:27,100 those. 2695 01:33:27,100 --> 01:33:29,100 we focus on these areas, mr. 2696 01:33:29,100 --> 01:33:32,100 jurey had a similar list. 2697 01:33:32,100 --> 01:33:34,100 dust control and air quality, 2698 01:33:34,100 --> 01:33:35,100 blasting related conditions, 2699 01:33:35,100 --> 01:33:37,401 screening, 159 street you heard 2700 01:33:40,100 --> 01:33:43,100 a resident medication it and 2701 01:33:43,100 --> 01:33:44,100 testing, report ing and 2702 01:33:44,100 --> 01:33:46,100 transparency related items. 2703 01:33:46,100 --> 01:33:48,100 and we gather input and didn't 2704 01:33:48,100 --> 01:33:50,100 have what is in front of you 2705 01:33:50,100 --> 01:33:52,100 now on day one. 2706 01:33:52,100 --> 01:33:54,100 we didn't as staff will attest 2707 01:33:54,100 --> 01:33:57,100 it changed and enhanced and 2708 01:33:57,100 --> 01:33:59,100 substantiated and picked up 2709 01:33:59,100 --> 01:34:00,100 feedback from the neighborhood 2710 01:34:00,100 --> 01:34:02,100 meeting we had, we heard a lot 2711 01:34:02,100 --> 01:34:03,100 there. 2712 01:34:03,100 --> 01:34:05,100 helpful and changed a lot. 2713 01:34:05,100 --> 01:34:06,100 we heard from city staff over 2714 01:34:06,100 --> 01:34:08,100 the last number of months, from 2715 01:34:08,100 --> 01:34:11,100 county officials because we did 2716 01:34:11,100 --> 01:34:13,100 have a regulatory body that 2717 01:34:13,100 --> 01:34:15,100 knows the quarry well and 2718 01:34:15,100 --> 01:34:16,100 consulted with experts there 2719 01:34:16,100 --> 01:34:18,100 and third party engineering 2720 01:34:18,100 --> 01:34:20,100 consultant the author of the 2721 01:34:20,100 --> 01:34:22,100 2023 baseline study and also 2722 01:34:22,100 --> 01:34:23,100 dust control plan in your 2723 01:34:23,100 --> 01:34:24,100 packet. 2724 01:34:24,100 --> 01:34:27,100 and of course, we consulted 2725 01:34:27,100 --> 01:34:29,100 with all the employees out 2726 01:34:29,100 --> 01:34:31,100 there at if quarry every day. 2727 01:34:31,100 --> 01:34:33,100 how could we do better at this 2728 01:34:33,100 --> 01:34:34,100 and put all that together and 2729 01:34:34,100 --> 01:34:35,100 that lead to what you have here 2730 01:34:35,100 --> 01:34:36,100 today. 2731 01:34:36,100 --> 01:34:38,100 the result that is the proposed 2732 01:34:38,100 --> 01:34:40,100 stipulations and associated 2733 01:34:40,100 --> 01:34:41,100 plan sheets that is part of 2734 01:34:41,100 --> 01:34:43,100 this sup application before 2735 01:34:43,100 --> 01:34:44,100 you. 2736 01:34:44,100 --> 01:34:45,100 so, with great confidence I 2737 01:34:45,100 --> 01:34:46,100 will say this in closing, I 2738 01:34:46,100 --> 01:34:49,100 assure you that what is before 2739 01:34:49,100 --> 01:34:51,100 you will make the surrounding 2740 01:34:51,100 --> 01:34:52,100 community better through all 2741 01:34:52,100 --> 01:34:54,100 the details and that it will be 2742 01:34:54,100 --> 01:34:56,100 much better then meeting legal 2743 01:34:56,100 --> 01:34:57,100 requirements under the status 2744 01:34:57,100 --> 01:34:59,100 quo that goes on for a really 2745 01:34:59,100 --> 01:35:00,100 long time. 2746 01:35:00,100 --> 01:35:01,100 and as I said a moment ago, 2747 01:35:01,100 --> 01:35:04,100 this quarry undeniably will be 2748 01:35:04,100 --> 01:35:05,100 the leader and what is looked 2749 01:35:05,100 --> 01:35:06,100 to as the standard in olathe 2750 01:35:06,100 --> 01:35:08,100 and lot of cities in the area. 2751 01:35:08,100 --> 01:35:10,100 quick pivot to few unanswered 2752 01:35:10,100 --> 01:35:12,100 questions commission, if that 2753 01:35:12,100 --> 01:35:14,100 is okay from the dais. 2754 01:35:14,100 --> 01:35:16,100 commissioner bergida, you asked 2755 01:35:16,100 --> 01:35:18,100 this is our differed question 2756 01:35:18,100 --> 01:35:21,100 answer to start, I took away 2757 01:35:21,100 --> 01:35:22,100 from your question from the 2758 01:35:22,100 --> 01:35:25,100 last hearing was, show me the 2759 01:35:25,100 --> 01:35:27,100 residents are better off from a 2760 01:35:27,100 --> 01:35:29,100 blasting perspective and I felt 2761 01:35:29,100 --> 01:35:31,100 you said and just overall how 2762 01:35:31,100 --> 01:35:34,100 the residents are better off. 2763 01:35:34,100 --> 01:35:37,100 you can build on that. 2764 01:35:37,100 --> 01:35:39,100 >> not necessarily better off, 2765 01:35:39,100 --> 01:35:42,100 but how will it impact 2766 01:35:42,100 --> 01:35:43,100 differently. 2767 01:35:43,100 --> 01:35:45,100 >> saying the same thing, but I 2768 01:35:45,100 --> 01:35:47,100 understand what you are saying. 2769 01:35:47,100 --> 01:35:48,100 when it comes to blasting 2770 01:35:48,100 --> 01:35:50,100 because dust and blasting I 2771 01:35:50,100 --> 01:35:53,100 would say were the number one 2772 01:35:53,100 --> 01:35:56,100 and two issues raised add the 2773 01:35:56,100 --> 01:35:57,100 neighborhood meeting. 2774 01:35:57,100 --> 01:35:59,100 take blasting first. 2775 01:36:01,100 --> 01:36:02,100 staff put up a couple slides 2776 01:36:02,100 --> 01:36:04,100 and there were question answer 2777 01:36:04,100 --> 01:36:05,100 about it and I will identify 2778 01:36:05,100 --> 01:36:06,100 what that was. 2779 01:36:06,100 --> 01:36:07,100 that was the blast study done 2780 01:36:07,100 --> 01:36:09,100 by our blasting expert. 2781 01:36:09,100 --> 01:36:11,100 that is here if we want to get 2782 01:36:11,100 --> 01:36:13,100 into the weeds. 2783 01:36:13,100 --> 01:36:16,100 and, what it showed is 2784 01:36:18,100 --> 01:36:20,100 two-summarize it in two ways. 2785 01:36:20,100 --> 01:36:22,100 I would say that first, what 2786 01:36:22,100 --> 01:36:24,100 the blasting study found is 2787 01:36:24,100 --> 01:36:27,100 that, in the worst case 2788 01:36:27,100 --> 01:36:30,100 vibration scenario and say that 2789 01:36:30,100 --> 01:36:32,100 because you imagine how deep a 2790 01:36:32,100 --> 01:36:35,100 blast is, they take two 2791 01:36:35,100 --> 01:36:37,100 different standards and take 2792 01:36:37,100 --> 01:36:38,100 the most conservative. 2793 01:36:38,100 --> 01:36:40,100 the one that can make things 2794 01:36:40,100 --> 01:36:41,100 look the worst. 2795 01:36:41,100 --> 01:36:43,100 if you look at on the spectrum 2796 01:36:43,100 --> 01:36:45,100 what the worst estimated 2797 01:36:45,100 --> 01:36:47,100 vibration is, here is the 2798 01:36:47,100 --> 01:36:49,100 conclusion:that the 2799 01:36:50,100 --> 01:36:51,100 nearest-they look what is 2800 01:36:51,100 --> 01:36:54,100 closest, the near structures is 2801 01:36:55,100 --> 01:36:58,100 vibration less then half the 2802 01:36:59,100 --> 01:37:01,100 united states bureau mines, the 2803 01:37:01,100 --> 01:37:03,100 internationally accepted 2804 01:37:03,100 --> 01:37:04,100 standard. 2805 01:37:04,100 --> 01:37:05,100 less then half the ground 2806 01:37:05,100 --> 01:37:06,100 vibration limit. 2807 01:37:06,100 --> 01:37:07,100 just get context. 2808 01:37:07,100 --> 01:37:09,100 remember how we saw the last 6 2809 01:37:09,100 --> 01:37:11,100 months of vibrations on the one 2810 01:37:11,100 --> 01:37:13,100 table some time tonight and the 2811 01:37:13,100 --> 01:37:15,100 triangle and x was down here. 2812 01:37:15,100 --> 01:37:17,100 it is a saying that st. The 2813 01:37:17,100 --> 01:37:18,100 estimated result here. 2814 01:37:18,100 --> 01:37:21,100 and the other notable result 2815 01:37:21,100 --> 01:37:22,100 from the study done on what 2816 01:37:22,100 --> 01:37:24,100 will happen with blasting 2817 01:37:24,100 --> 01:37:26,100 again, this hearing the green 2818 01:37:26,100 --> 01:37:28,100 the 110 acres in the northwest 2819 01:37:28,100 --> 01:37:31,100 corner is that, the conclusion 2820 01:37:31,100 --> 01:37:33,100 was the blasting ranges and 2821 01:37:33,100 --> 01:37:35,100 worst case scenario are in the 2822 01:37:35,100 --> 01:37:37,100 similar range they are today 2823 01:37:37,100 --> 01:37:38,100 when we blast all the way over 2824 01:37:38,100 --> 01:37:40,100 and this builds on the next 2825 01:37:40,100 --> 01:37:41,100 commissioner bergida good 2826 01:37:41,100 --> 01:37:43,401 question, where we are 2827 01:37:44,100 --> 01:37:45,100 blasting-doing my hand like you 2828 01:37:45,100 --> 01:37:48,100 can see, where it says, m2 over 2829 01:37:48,100 --> 01:37:50,100 there, and so I transition into 2830 01:37:50,100 --> 01:37:51,100 that. 2831 01:37:51,100 --> 01:37:53,100 again, similar ranges. 2832 01:37:53,100 --> 01:37:55,100 not worse off which is the 2833 01:37:55,100 --> 01:37:56,100 essence if I understand the 2834 01:37:56,100 --> 01:37:57,100 question. 2835 01:37:57,100 --> 01:37:59,100 then I want to transition 2836 01:37:59,100 --> 01:38:01,100 because you asked another good 2837 01:38:01,100 --> 01:38:03,401 question during this hearing. 2838 01:38:04,100 --> 01:38:05,100 you were talking distances and 2839 01:38:05,100 --> 01:38:07,100 were like, show me the relative 2840 01:38:07,100 --> 01:38:09,100 distances and thought one of 2841 01:38:09,100 --> 01:38:11,100 your questions because I think 2842 01:38:11,100 --> 01:38:12,100 staff was addressing your 2843 01:38:12,100 --> 01:38:13,100 question, but another part of 2844 01:38:13,100 --> 01:38:15,100 the question was, you 2845 01:38:15,100 --> 01:38:16,100 remembered seeing a slide that 2846 01:38:16,100 --> 01:38:19,100 showed that we have blasting 2847 01:38:19,100 --> 01:38:20,100 today. 2848 01:38:20,100 --> 01:38:23,100 this is the existing quarry 2849 01:38:24,100 --> 01:38:25,100 think of the middle purple 2850 01:38:25,100 --> 01:38:28,100 where m2 is and your brain 2851 01:38:28,100 --> 01:38:29,100 tells you the distances are 2852 01:38:29,100 --> 01:38:31,100 farther then when you go to the 2853 01:38:31,100 --> 01:38:33,100 green ag. 2854 01:38:33,100 --> 01:38:35,100 again, I am formulating that 2855 01:38:35,100 --> 01:38:37,100 because I think it is a really 2856 01:38:37,100 --> 01:38:38,100 good question you have and the 2857 01:38:38,100 --> 01:38:41,100 answer is, again, I so you 2858 01:38:41,100 --> 01:38:43,100 don't just believe kurt 2859 01:38:43,100 --> 01:38:45,401 peterson, spent months and 2860 01:38:46,100 --> 01:38:48,100 months putting this together 2861 01:38:48,100 --> 01:38:50,100 but I have a vibration expert 2862 01:38:50,100 --> 01:38:52,100 the author here, the essence is 2863 01:38:52,100 --> 01:38:55,100 this, the reason we have ranges 2864 01:38:55,100 --> 01:38:58,601 and city formula, which it says 2865 01:39:00,100 --> 01:39:02,100 how much you can blast looks at 2866 01:39:02,100 --> 01:39:04,100 distance, but looks at the 2867 01:39:04,100 --> 01:39:06,401 power of the blast. 2868 01:39:07,100 --> 01:39:09,100 what does that mean? 2869 01:39:09,100 --> 01:39:12,100 we use larger charges in the 2870 01:39:12,100 --> 01:39:15,601 middle of the site to stay 2871 01:39:16,100 --> 01:39:18,100 below half of what is 2872 01:39:18,100 --> 01:39:19,100 permitted. 2873 01:39:19,100 --> 01:39:20,100 as we move closer whether that 2874 01:39:20,100 --> 01:39:22,100 be surface or undergrounds, our 2875 01:39:22,100 --> 01:39:24,100 blast have to back off more and 2876 01:39:24,100 --> 01:39:26,100 more and more and it is 2877 01:39:26,100 --> 01:39:28,401 designed in a unbelievably 2878 01:39:29,100 --> 01:39:30,100 meticulous way. 2879 01:39:30,100 --> 01:39:31,100 if I'm a neighbor this is I 2880 01:39:31,100 --> 01:39:33,100 would be thinking, would be 2881 01:39:33,100 --> 01:39:37,100 that is nice but you showed a 2882 01:39:37,100 --> 01:39:38,100 study it stays in the same 2883 01:39:38,100 --> 01:39:40,100 vibration range back to the 2884 01:39:40,100 --> 01:39:42,100 question, but how do we know 2885 01:39:42,100 --> 01:39:44,100 that is what will happen? 2886 01:39:44,100 --> 01:39:45,100 and the important part we have 2887 01:39:45,100 --> 01:39:48,100 a stipulation and I linked this 2888 01:39:48,100 --> 01:39:51,100 to udo, our seismic monitors 2889 01:39:52,100 --> 01:39:54,100 have to report that to the fire 2890 01:39:54,100 --> 01:39:56,100 marshal and that is tracked 2891 01:39:56,100 --> 01:39:58,100 back to the vibration levels we 2892 01:39:58,100 --> 01:39:59,100 tell we will operate at. 2893 01:39:59,100 --> 01:40:00,100 we have to do that. 2894 01:40:00,100 --> 01:40:02,100 that is part of the approval. 2895 01:40:02,100 --> 01:40:05,100 so, I want to close-this is a 2896 01:40:05,100 --> 01:40:06,100 comment for the public. 2897 01:40:06,100 --> 01:40:08,100 I thought it was worthwhile 2898 01:40:08,100 --> 01:40:10,100 chair to mention this quickly. 2899 01:40:10,100 --> 01:40:11,100 we had a back and forth at the 2900 01:40:11,100 --> 01:40:13,100 neighborhood meeting where 2901 01:40:14,100 --> 01:40:16,100 really like true understanding 2902 01:40:16,100 --> 01:40:17,100 that we don't know who was 2903 01:40:17,100 --> 01:40:21,201 talking to mr.-we are in a 2904 01:40:31,100 --> 01:40:32,100 different place and not just 2905 01:40:32,100 --> 01:40:35,100 believe us t is ask 2906 01:40:35,100 --> 01:40:37,100 professional staff as suggested 2907 01:40:37,100 --> 01:40:38,100 will you do this, yeah. 2908 01:40:38,100 --> 01:40:40,100 90 percent-will you do that? 2909 01:40:40,100 --> 01:40:41,100 sure. 2910 01:40:41,100 --> 01:40:42,100 will you do this? 2911 01:40:42,100 --> 01:40:44,100 we may need to tweak it. 2912 01:40:44,100 --> 01:40:46,100 we didn't stop and also said 2913 01:40:46,100 --> 01:40:48,100 okay-please put it in 2914 01:40:48,100 --> 01:40:49,100 stipulation. 2915 01:40:49,100 --> 01:40:50,100 we have to live by it and do 2916 01:40:50,100 --> 01:40:51,100 the reporting and meetings and 2917 01:40:51,100 --> 01:40:53,100 have to make it publicly 2918 01:40:53,100 --> 01:40:54,100 available to the city. 2919 01:40:54,100 --> 01:40:55,100 we are not hiding from anything 2920 01:40:55,100 --> 01:40:58,100 so apologize on behalf of 2921 01:40:58,100 --> 01:41:00,100 whoever that was that gave that 2922 01:41:00,100 --> 01:41:01,100 experience but that is 2923 01:41:01,100 --> 01:41:04,100 absolutely not what will happen 2924 01:41:04,100 --> 01:41:05,100 if approved given all the 2925 01:41:05,100 --> 01:41:07,100 stipulations we have to live 2926 01:41:07,100 --> 01:41:08,100 by. 2927 01:41:08,100 --> 01:41:09,100 with that chair, happy to 2928 01:41:09,100 --> 01:41:10,100 answer any questions. 2929 01:41:10,100 --> 01:41:11,100 >> any questions for the 2930 01:41:11,100 --> 01:41:13,100 applicant? 2931 01:41:15,100 --> 01:41:16,100 >> one more question. 2932 01:41:16,100 --> 01:41:18,100 >> go ahead, commissioner 2933 01:41:18,100 --> 01:41:19,100 brown. 2934 01:41:19,100 --> 01:41:21,100 >> we have been told that the 2935 01:41:21,100 --> 01:41:22,100 majority of the dust is created 2936 01:41:22,100 --> 01:41:24,100 by the crusher. 2937 01:41:28,100 --> 01:41:31,100 the movement of the dust is a 2938 01:41:31,100 --> 01:41:33,100 function of the wind obviously. 2939 01:41:33,100 --> 01:41:35,100 can you tell us where on this 2940 01:41:35,100 --> 01:41:37,100 slide that crusher actually 2941 01:41:37,100 --> 01:41:38,100 exists? 2942 01:41:38,100 --> 01:41:39,100 >> I would be happy to. 2943 01:41:39,100 --> 01:41:41,100 there is a slide that circles 2944 01:41:41,100 --> 01:41:42,100 it. 2945 01:41:42,100 --> 01:41:44,401 do I control that? 2946 01:41:47,100 --> 01:41:49,100 just if you dont mind, I will 2947 01:41:49,100 --> 01:41:50,100 address while getting the slide 2948 01:41:50,100 --> 01:41:51,100 up. 2949 01:41:51,100 --> 01:41:54,601 one from the very beginning one 2950 01:41:55,100 --> 01:41:57,100 item we like to be held to is 2951 01:41:57,100 --> 01:41:59,100 that is where the crusher 2952 01:41:59,100 --> 01:42:00,100 stays. 2953 01:42:00,100 --> 01:42:01,100 it doesn't move closer to the 2954 01:42:01,100 --> 01:42:03,100 neighbors and stays right 2955 01:42:03,100 --> 01:42:05,100 there. 2956 01:42:20,100 --> 01:42:21,100 >> in the middle of the 2957 01:42:21,100 --> 01:42:22,100 property? 2958 01:42:22,100 --> 01:42:23,100 >> yes, sir. 2959 01:42:23,100 --> 01:42:24,100 >> commissioner seeling. 2960 01:42:24,100 --> 01:42:25,100 >> there was another slide that 2961 01:42:25,100 --> 01:42:26,100 showed a picture of the crusher 2962 01:42:26,100 --> 01:42:28,100 and dust control measures put 2963 01:42:28,100 --> 01:42:29,100 on it. 2964 01:42:29,100 --> 01:42:31,100 can you explain what that is we 2965 01:42:31,100 --> 01:42:32,100 are looking at? 2966 01:42:32,100 --> 01:42:35,100 >> I know what you are thinking 2967 01:42:35,100 --> 01:42:36,100 of, yes. 2968 01:42:36,100 --> 01:42:38,100 we have two nationally known 2969 01:42:38,100 --> 01:42:40,100 companies for dust mitigation 2970 01:42:40,100 --> 01:42:42,100 related to crushers, and we 2971 01:42:42,100 --> 01:42:45,100 actually this is the busy 2972 01:42:45,100 --> 01:42:47,401 season because crushers break, 2973 01:42:48,100 --> 01:42:49,100 but we got on the books several 2974 01:42:49,100 --> 01:42:52,100 months ago for them to come and 2975 01:42:52,100 --> 01:42:54,100 we have been dealing with them 2976 01:42:54,100 --> 01:42:57,100 remotely and so we are warmed 2977 01:42:57,100 --> 01:42:59,100 up with them but they are 2978 01:42:59,100 --> 01:43:00,100 coming this week and 2979 01:43:00,100 --> 01:43:02,100 immediately going to the very 2980 01:43:02,100 --> 01:43:03,100 specifics of what we are 2981 01:43:03,100 --> 01:43:04,100 ordering to meet the deadline 2982 01:43:04,100 --> 01:43:07,100 having the crusher enhanced by 2983 01:43:09,100 --> 01:43:11,100 whatever it is, june 1 or july 2984 01:43:11,100 --> 01:43:12,100 1. 2985 01:43:12,100 --> 01:43:13,100 whatever is in the record. 2986 01:43:13,100 --> 01:43:15,100 it is summer coming up. 2987 01:43:15,100 --> 01:43:18,100 while the finest details will 2988 01:43:21,100 --> 01:43:22,100 be substantial. 2989 01:43:22,100 --> 01:43:23,100 I think the one I highlight the 2990 01:43:23,100 --> 01:43:24,100 most we talked with 2991 01:43:24,100 --> 01:43:25,100 professional staff about is 2992 01:43:25,100 --> 01:43:28,100 that the-dan will kick me if I 2993 01:43:28,100 --> 01:43:30,100 get terms slightly wrong, but 2994 01:43:30,100 --> 01:43:33,100 the most dust created on the 2995 01:43:33,100 --> 01:43:36,100 within the crusher at the 2996 01:43:36,100 --> 01:43:38,100 transfer points and so the 2997 01:43:38,100 --> 01:43:41,100 transfer points we are looking 2998 01:43:42,100 --> 01:43:44,100 at able to enclose them which 2999 01:43:44,100 --> 01:43:46,100 is good way oo have a fail safe 3000 01:43:46,100 --> 01:43:47,100 to mitigate dust. 3001 01:43:47,100 --> 01:43:50,100 that was the biggest leaps 3002 01:43:51,100 --> 01:43:53,401 forward in the improvements. 3003 01:43:54,100 --> 01:43:56,100 >> what do you expect the 3004 01:43:56,100 --> 01:43:58,100 measures to produce? 3005 01:43:58,100 --> 01:43:59,100 >> the neighbors asked the same 3006 01:43:59,100 --> 01:44:00,100 question. 3007 01:44:00,100 --> 01:44:01,100 fair question. 3008 01:44:01,100 --> 01:44:02,100 because we have people that are 3009 01:44:02,100 --> 01:44:05,100 not going to hyperbolize, it is 3010 01:44:05,100 --> 01:44:06,100 really hard. 3011 01:44:06,100 --> 01:44:08,100 going back to the baseline, you 3012 01:44:08,100 --> 01:44:10,100 can't know until we have a 3013 01:44:10,100 --> 01:44:11,100 baseline. 3014 01:44:11,100 --> 01:44:13,100 we have a good baseline and 3015 01:44:13,100 --> 01:44:15,100 there is significant dollars 3016 01:44:15,100 --> 01:44:16,100 going toward this. 3017 01:44:16,100 --> 01:44:18,100 there will be a huge 3018 01:44:18,100 --> 01:44:19,100 difference. 3019 01:44:19,100 --> 01:44:20,100 >> sounds measurable? 3020 01:44:20,100 --> 01:44:22,100 >> it will be measurable. 3021 01:44:22,100 --> 01:44:24,100 >> thank you, sir. 3022 01:44:24,100 --> 01:44:26,100 >> any additional questions? 3023 01:44:26,100 --> 01:44:27,100 commissioner bergida. 3024 01:44:27,100 --> 01:44:28,100 >> thank you mr. Chairman. 3025 01:44:28,100 --> 01:44:30,100 we will go back to distances 3026 01:44:30,100 --> 01:44:31,100 and just the same way you 3027 01:44:31,100 --> 01:44:32,100 repeated things just to make 3028 01:44:32,100 --> 01:44:34,100 sure we are on the same page. 3029 01:44:34,100 --> 01:44:35,100 I'm doing it one more time just 3030 01:44:35,100 --> 01:44:36,100 to make sure. 3031 01:44:36,100 --> 01:44:38,100 >> doesn't bother me. 3032 01:44:38,100 --> 01:44:39,100 >> there has been no 3033 01:44:39,100 --> 01:44:41,401 subterranean blasting to date? 3034 01:44:42,100 --> 01:44:44,100 >> correct. 3035 01:44:44,100 --> 01:44:47,100 >> of the existing mining area. 3036 01:44:48,100 --> 01:44:50,401 the closest under ground 3037 01:44:52,100 --> 01:44:54,100 blasting is 1250? 3038 01:44:54,100 --> 01:44:55,100 >> I will say this and ask 3039 01:44:55,100 --> 01:44:56,100 staff with a exhibit and say 3040 01:44:56,100 --> 01:44:58,401 this-I have the control. 3041 01:45:00,100 --> 01:45:02,100 let's start with this and build 3042 01:45:02,100 --> 01:45:03,100 to get to the answer to the 3043 01:45:03,100 --> 01:45:04,100 question. 3044 01:45:04,100 --> 01:45:06,401 when there is underground 3045 01:45:07,100 --> 01:45:10,100 blasting per udo there is a 3046 01:45:10,100 --> 01:45:12,100 setback of 200 feet. 3047 01:45:12,100 --> 01:45:13,100 let's start there. 3048 01:45:13,100 --> 01:45:14,100 whatever the measurement is you 3049 01:45:14,100 --> 01:45:17,100 are asking is at the 200 foot 3050 01:45:17,100 --> 01:45:18,100 line. 3051 01:45:18,100 --> 01:45:20,100 to repeat back, the question 3052 01:45:20,100 --> 01:45:21,100 you are asking is, what is the 3053 01:45:21,100 --> 01:45:23,100 closest distance we get from 3054 01:45:23,100 --> 01:45:25,100 the 200 foot line. 3055 01:45:25,100 --> 01:45:27,100 the closest blast to the 3056 01:45:27,100 --> 01:45:28,100 closest structure is the 3057 01:45:28,100 --> 01:45:29,100 question? 3058 01:45:29,100 --> 01:45:30,100 >> that is correct. 3059 01:45:30,100 --> 01:45:31,100 >> I can get that. 3060 01:45:31,100 --> 01:45:33,100 >> not from the road, but- 3061 01:45:33,100 --> 01:45:35,100 >> I will give you a answer and 3062 01:45:35,100 --> 01:45:37,100 while I look for it also say 3063 01:45:37,100 --> 01:45:38,100 that is the very thing we 3064 01:45:38,100 --> 01:45:40,100 studied and what I explained 3065 01:45:40,100 --> 01:45:42,100 the two findings from the blast 3066 01:45:42,100 --> 01:45:44,100 study, not making it worse. 3067 01:45:44,100 --> 01:45:46,100 but I'll give the measurement 3068 01:45:46,100 --> 01:45:47,100 in 10 seconds. 3069 01:45:47,100 --> 01:45:49,100 >> while you are doing it if we 3070 01:45:49,100 --> 01:45:51,401 can, currently the closest 3071 01:45:54,100 --> 01:45:56,100 surface level blasting going on 3072 01:45:56,100 --> 01:45:59,601 is 1550 and with the new area 3073 01:46:00,100 --> 01:46:02,100 it would be 1217? 3074 01:46:03,100 --> 01:46:05,100 >> okay, if you have grace with 3075 01:46:05,100 --> 01:46:06,100 compound questions, do you mind 3076 01:46:06,100 --> 01:46:09,100 if do the first one? 3077 01:46:09,100 --> 01:46:11,100 >> not at all. 3078 01:46:11,100 --> 01:46:12,100 >> the answer to the question 3079 01:46:12,100 --> 01:46:13,100 in the blast study this is 3080 01:46:13,100 --> 01:46:15,401 exhibit there, for underground 3081 01:46:17,100 --> 01:46:18,100 mining to the closest 3082 01:46:18,100 --> 01:46:21,100 structure, which is--do I have 3083 01:46:22,100 --> 01:46:23,100 a cursor? 3084 01:46:23,100 --> 01:46:26,601 which is the structure in this 3085 01:46:27,100 --> 01:46:29,100 area and second closest is 3086 01:46:29,100 --> 01:46:30,100 here. 3087 01:46:30,100 --> 01:46:31,100 I will give both distances and 3088 01:46:31,100 --> 01:46:33,100 measure from the closest point 3089 01:46:33,100 --> 01:46:36,100 at the 200 foot setback for 3090 01:46:36,100 --> 01:46:37,100 underground blast. 3091 01:46:37,100 --> 01:46:39,100 we are on the same page. 3092 01:46:39,100 --> 01:46:41,100 the answer is, to the closest 3093 01:46:41,100 --> 01:46:44,100 structure is 611 feet and then 3094 01:46:46,100 --> 01:46:49,100 the--while we talk about these 3095 01:46:52,100 --> 01:46:54,100 from surface the thousand foot 3096 01:46:54,100 --> 01:46:57,100 setback to the same home is 3097 01:46:57,100 --> 01:46:58,100 1217 feet. 3098 01:46:58,100 --> 01:46:59,100 >> okay. 3099 01:46:59,100 --> 01:47:01,100 so, I was off 50 feet. 3100 01:47:01,100 --> 01:47:04,601 on the existing though, is that 3101 01:47:05,100 --> 01:47:07,100 for-I know it hasn't happened 3102 01:47:07,100 --> 01:47:10,100 yet, but subterranean would be 3103 01:47:10,100 --> 01:47:12,100 1250, is that accurate? 3104 01:47:13,100 --> 01:47:15,100 and then what has been done is 3105 01:47:15,100 --> 01:47:17,100 1550 on the surface? 3106 01:47:19,100 --> 01:47:21,100 >> do I have that-do you have 3107 01:47:21,100 --> 01:47:23,100 the measurement? 3108 01:47:23,100 --> 01:47:25,100 from the existing if we do 200 3109 01:47:25,100 --> 01:47:26,100 foot setback do we have a 3110 01:47:26,100 --> 01:47:28,100 measurement? 3111 01:47:28,100 --> 01:47:30,100 >> it is further away 3112 01:47:30,100 --> 01:47:31,100 [inaudible] 3113 01:47:31,100 --> 01:47:33,100 >> I'll repeat it. 3114 01:47:35,100 --> 01:47:37,100 for everybody to hear-- 3115 01:47:37,100 --> 01:47:38,100 >> tony, just to answer the 3116 01:47:38,100 --> 01:47:40,100 question, the measurements I 3117 01:47:40,100 --> 01:47:42,100 provided those were 3118 01:47:42,100 --> 01:47:44,100 measurements I took off of our 3119 01:47:44,100 --> 01:47:47,100 mapping software and based on 3120 01:47:47,100 --> 01:47:48,100 the setbacks of the existing 3121 01:47:48,100 --> 01:47:51,100 quarry that were shown yes, it 3122 01:47:51,100 --> 01:47:53,401 was 1250 from the underground 3123 01:47:55,100 --> 01:47:57,100 to the nearest structure and 3124 01:47:57,100 --> 01:47:59,401 1550 from the surface quarry 3125 01:48:00,100 --> 01:48:01,100 limits. 3126 01:48:01,100 --> 01:48:02,100 >> okay. 3127 01:48:02,100 --> 01:48:04,100 we are talking about the 333 3128 01:48:04,100 --> 01:48:07,601 foot change on above ground and 3129 01:48:08,100 --> 01:48:10,401 underground we are talking 639? 3130 01:48:13,100 --> 01:48:14,100 is that accurate? 3131 01:48:14,100 --> 01:48:16,100 >> I cant do math in my head 3132 01:48:16,100 --> 01:48:18,100 like that, sounds about right. 3133 01:48:18,100 --> 01:48:20,100 >> close enough. 3134 01:48:20,100 --> 01:48:23,100 why is the subterranean closer 3135 01:48:25,100 --> 01:48:26,100 then the surface? 3136 01:48:26,100 --> 01:48:28,100 is it just because the rocks 3137 01:48:28,100 --> 01:48:29,100 are there? 3138 01:48:29,100 --> 01:48:30,100 why is that? 3139 01:48:30,100 --> 01:48:32,100 right now from my reading of 3140 01:48:32,100 --> 01:48:35,601 the report it goes up to .12 3141 01:48:36,100 --> 01:48:39,100 and 10, 15 years from now it 3142 01:48:39,100 --> 01:48:41,401 could go up to .17. 3143 01:48:42,100 --> 01:48:43,100 I don't know if that is a huge 3144 01:48:43,100 --> 01:48:44,100 difference, but other readings 3145 01:48:44,100 --> 01:48:46,100 are .02. 3146 01:48:46,100 --> 01:48:48,100 >> it is not. 3147 01:48:48,100 --> 01:48:51,100 again, we have expert here but 3148 01:48:51,100 --> 01:48:53,100 likely not perceivable. 3149 01:48:55,100 --> 01:48:57,100 we did this on purpose, find 3150 01:48:57,100 --> 01:48:58,100 the closest place. 3151 01:48:58,100 --> 01:49:00,100 that reading worse case 3152 01:49:00,100 --> 01:49:01,100 scenario likely not perceivable 3153 01:49:01,100 --> 01:49:03,100 is just the one house and 3154 01:49:03,100 --> 01:49:05,100 nothing else, but we wanted to 3155 01:49:05,100 --> 01:49:07,100 still show that. 3156 01:49:07,100 --> 01:49:09,100 and back it your just being 3157 01:49:09,100 --> 01:49:11,100 able to picture this, the 3158 01:49:11,100 --> 01:49:12,100 underground while you don't 3159 01:49:12,100 --> 01:49:14,100 know until you finish the 5, 6, 3160 01:49:14,100 --> 01:49:15,100 7 years of engineering is 3161 01:49:15,100 --> 01:49:17,401 likely gets into 300 to 400 3162 01:49:18,100 --> 01:49:20,100 foot deep and back to what I 3163 01:49:20,100 --> 01:49:22,100 talked about blasting, it is 3164 01:49:22,100 --> 01:49:24,100 really important to visualize 3165 01:49:24,100 --> 01:49:27,100 in our mind the blasting is so 3166 01:49:27,100 --> 01:49:30,100 much smaller in terms of 3167 01:49:30,100 --> 01:49:31,100 charge. 3168 01:49:31,100 --> 01:49:33,100 again, I heard-I wont say on 3169 01:49:33,100 --> 01:49:35,100 the record, but I heard from 3170 01:49:35,100 --> 01:49:38,100 the blasting expertise is one 3171 01:49:38,100 --> 01:49:40,100 and divided by big number 3172 01:49:40,100 --> 01:49:42,100 compared to surface blasting in 3173 01:49:42,100 --> 01:49:44,100 the middle of the site. 3174 01:49:44,100 --> 01:49:46,401 >> [inaudible] in this table? 3175 01:49:47,100 --> 01:49:50,100 the charge weight what you are 3176 01:49:50,100 --> 01:49:51,100 talking about? 3177 01:49:51,100 --> 01:49:52,100 the strength of the blast? 3178 01:49:52,100 --> 01:49:54,100 the 85 versus- 3179 01:49:54,100 --> 01:49:56,100 >>b it is listed in the table 3180 01:49:56,100 --> 01:49:58,100 underpinning all the analysis 3181 01:49:58,100 --> 01:50:00,100 of the blast study to show this 3182 01:50:00,100 --> 01:50:01,100 isn't going to change current 3183 01:50:01,100 --> 01:50:03,100 conditions. 3184 01:50:03,100 --> 01:50:04,100 >> okay. 3185 01:50:04,100 --> 01:50:05,100 thank you. 3186 01:50:05,100 --> 01:50:07,100 >> thank you. 3187 01:50:07,100 --> 01:50:09,100 >> any additional questions for 3188 01:50:09,100 --> 01:50:11,100 the applicant? 3189 01:50:17,100 --> 01:50:18,100 thank you. 3190 01:50:18,100 --> 01:50:19,100 >> thank you. 3191 01:50:19,100 --> 01:50:20,100 >> we'll move forward now to 3192 01:50:20,100 --> 01:50:22,100 the public hearing, which is a 3193 01:50:22,100 --> 01:50:25,100 good opportunity for me to 3194 01:50:25,100 --> 01:50:26,100 review some things we talked 3195 01:50:26,100 --> 01:50:29,100 about earlier in the meeting. 3196 01:50:29,100 --> 01:50:30,100 I know through going through 3197 01:50:30,100 --> 01:50:32,100 multiple public hearings, it 3198 01:50:32,100 --> 01:50:33,100 sounds like we are hearing a 3199 01:50:33,100 --> 01:50:34,100 lot of the same thing. 3200 01:50:34,100 --> 01:50:36,100 we are talking about dust and 3201 01:50:36,100 --> 01:50:39,100 blasting and distances and it 3202 01:50:39,100 --> 01:50:40,100 is all important. 3203 01:50:40,100 --> 01:50:42,100 as we get up into the public 3204 01:50:42,100 --> 01:50:44,100 hearing, the primary purpose of 3205 01:50:44,100 --> 01:50:45,100 this is hearing new 3206 01:50:45,100 --> 01:50:46,100 information. 3207 01:50:46,100 --> 01:50:49,100 what have we not heard that we 3208 01:50:49,100 --> 01:50:50,100 need to take into consideration 3209 01:50:50,100 --> 01:50:52,401 as we move forward? 3210 01:50:54,100 --> 01:50:56,100 in honor of everybody's time, 3211 01:50:56,100 --> 01:50:58,100 we are not looking to repeat 3212 01:50:58,100 --> 01:50:59,100 what is already said. 3213 01:50:59,100 --> 01:51:01,100 so, just keep that in mind as 3214 01:51:01,100 --> 01:51:02,100 you go. 3215 01:51:02,100 --> 01:51:03,100 this is of course the public 3216 01:51:03,100 --> 01:51:05,100 hearing everybody signed up 3217 01:51:05,100 --> 01:51:06,100 for, so we have a longer list 3218 01:51:06,100 --> 01:51:08,100 of names here. 3219 01:51:08,100 --> 01:51:09,100 it goes in procedures how it 3220 01:51:09,100 --> 01:51:11,100 works. 3221 01:51:11,100 --> 01:51:13,100 call the speaker up and also 3222 01:51:13,100 --> 01:51:15,100 call up the person next that is 3223 01:51:15,100 --> 01:51:16,100 after them. 3224 01:51:16,100 --> 01:51:18,100 I appreciate if both of you 3225 01:51:18,100 --> 01:51:20,100 come up and second person could 3226 01:51:20,100 --> 01:51:21,100 be at the chair next to the 3227 01:51:21,100 --> 01:51:23,100 podium so we can roll right 3228 01:51:23,100 --> 01:51:24,100 into the next speaker and keep 3229 01:51:24,100 --> 01:51:27,100 that moving in honor of 3230 01:51:27,100 --> 01:51:29,100 everyone's time. 3231 01:51:30,100 --> 01:51:32,100 move forward on that so-it is 3232 01:51:32,100 --> 01:51:34,100 same rules as far as stating 3233 01:51:34,100 --> 01:51:36,100 your name, address for the 3234 01:51:36,100 --> 01:51:38,401 record, please observe the 3235 01:51:39,100 --> 01:51:40,100 clock and work with that as 3236 01:51:40,100 --> 01:51:43,100 well and we'll get through this 3237 01:51:43,100 --> 01:51:46,601 and figure how we move forward. 3238 01:51:47,100 --> 01:51:50,100 so, starting off on the public 3239 01:51:50,100 --> 01:51:52,100 hearing I will now open the 3240 01:51:52,100 --> 01:51:54,100 public hearing. 3241 01:51:55,100 --> 01:51:58,100 mr. Quackenbush you are first 3242 01:51:59,100 --> 01:52:01,100 on the list again. 3243 01:52:01,100 --> 01:52:04,100 nancy bottle is listed second. 3244 01:52:06,100 --> 01:52:07,100 when I do call your name, if 3245 01:52:07,100 --> 01:52:09,100 you are opting to pass because 3246 01:52:09,100 --> 01:52:11,100 your comments have been made, 3247 01:52:11,100 --> 01:52:14,601 let me know at that time. 3248 01:52:21,100 --> 01:52:22,100 >> just have to finish what I 3249 01:52:22,100 --> 01:52:23,100 started in the first one. 3250 01:52:23,100 --> 01:52:25,100 during the august meeting, the 3251 01:52:25,100 --> 01:52:27,401 quarry staff indicated they 3252 01:52:28,100 --> 01:52:31,601 would deed city land to allow 3253 01:52:32,100 --> 01:52:34,100 151 street to go straight 3254 01:52:34,100 --> 01:52:35,100 through. 3255 01:52:35,100 --> 01:52:37,100 that is something we haven't 3256 01:52:37,100 --> 01:52:38,100 heard before. 3257 01:52:38,100 --> 01:52:40,401 they also promised 2 or $3 3258 01:52:42,100 --> 01:52:43,100 million to do something for the 3259 01:52:43,100 --> 01:52:45,401 intersection at 56 highway and 3260 01:52:48,100 --> 01:52:50,401 lake shore drive and 151. 3261 01:52:51,100 --> 01:52:54,601 now, first, I haven't heard a 3262 01:52:55,100 --> 01:52:57,100 single person from our 3263 01:52:57,100 --> 01:52:58,100 neighborhood or the other 3264 01:52:58,100 --> 01:53:00,100 neighborhood that thinks that 3265 01:53:00,100 --> 01:53:03,100 any that is important to the 3266 01:53:03,100 --> 01:53:04,100 neighborhood. 3267 01:53:04,100 --> 01:53:08,100 it sounds like a bribe to the 3268 01:53:08,100 --> 01:53:10,100 planning commission. 3269 01:53:10,100 --> 01:53:12,100 thank you. 3270 01:53:13,100 --> 01:53:15,100 >> thank you. 3271 01:53:15,100 --> 01:53:18,100 nancy, followed by assume her 3272 01:53:18,100 --> 01:53:20,100 husband, douglas. 3273 01:53:25,100 --> 01:53:28,100 if I mispronounce your name, 3274 01:53:28,100 --> 01:53:30,100 ask for forgiveness up front. 3275 01:53:30,100 --> 01:53:32,100 >> nancy. 3276 01:53:34,100 --> 01:53:36,401 14084 south lake stone drive. 3277 01:53:37,100 --> 01:53:38,100 thank you for listening to us 3278 01:53:38,100 --> 01:53:39,100 today. 3279 01:53:39,100 --> 01:53:40,100 we have members of the 3280 01:53:40,100 --> 01:53:42,100 community of city olathe and I 3281 01:53:42,100 --> 01:53:45,601 think what you haven't heard is 3282 01:53:46,100 --> 01:53:48,100 what we have try to come up 3283 01:53:48,100 --> 01:53:49,100 with time to work through 3284 01:53:49,100 --> 01:53:51,401 ourselves without having the 3285 01:53:52,100 --> 01:53:54,100 opportunities to for this to be 3286 01:53:54,100 --> 01:53:56,100 our jobs where we have the time 3287 01:53:56,100 --> 01:53:58,100 to put together lots of stuff, 3288 01:53:58,100 --> 01:53:59,100 so maybe haven't gotten many 3289 01:53:59,100 --> 01:54:02,100 things from many of us, but we 3290 01:54:02,100 --> 01:54:04,100 have not been derelict trying 3291 01:54:04,100 --> 01:54:05,100 to come up with information to 3292 01:54:05,100 --> 01:54:07,100 share with you. 3293 01:54:07,100 --> 01:54:09,100 forgive me while I read my 3294 01:54:09,100 --> 01:54:11,100 chicken scratch. 3295 01:54:11,100 --> 01:54:13,100 I'm glad some city planners 3296 01:54:13,100 --> 01:54:16,100 have pre approval but you 3297 01:54:18,100 --> 01:54:20,100 haven't gotten pre approval 3298 01:54:20,100 --> 01:54:21,100 from citizens. 3299 01:54:21,100 --> 01:54:22,100 some of our planning include 3300 01:54:22,100 --> 01:54:24,100 things taking care of our 3301 01:54:24,100 --> 01:54:25,100 families. 3302 01:54:25,100 --> 01:54:26,100 we have 5 generations of 3303 01:54:26,100 --> 01:54:29,100 families in the area, and we 3304 01:54:29,100 --> 01:54:32,601 are taking care of young to 3305 01:54:33,100 --> 01:54:34,100 old. 3306 01:54:34,100 --> 01:54:35,100 some getting parents moving in 3307 01:54:35,100 --> 01:54:37,100 with us and they are sensitive 3308 01:54:37,100 --> 01:54:38,100 to some of the dust levels and 3309 01:54:38,100 --> 01:54:40,100 some of the noise levels and 3310 01:54:40,100 --> 01:54:42,100 part reason we like the 3311 01:54:42,100 --> 01:54:44,100 community and being outside of 3312 01:54:44,100 --> 01:54:46,100 it is the fact that it is a 3313 01:54:46,100 --> 01:54:48,100 little more quite and we are 3314 01:54:48,100 --> 01:54:50,100 happy community that are very 3315 01:54:50,100 --> 01:54:52,401 communicative with each other 3316 01:54:53,100 --> 01:54:54,100 and plan things together with 3317 01:54:54,100 --> 01:54:57,100 each other and we try to share 3318 01:54:57,100 --> 01:54:58,100 everything with all those 3319 01:54:58,100 --> 01:55:00,100 around us, but our plans are 3320 01:55:00,100 --> 01:55:01,100 our standards and not industry 3321 01:55:01,100 --> 01:55:03,100 standards. 3322 01:55:03,100 --> 01:55:04,100 communities citizen standards 3323 01:55:04,100 --> 01:55:06,100 are for communities and 3324 01:55:06,100 --> 01:55:07,100 citizens and we depend on you 3325 01:55:07,100 --> 01:55:09,100 the planning commission and the 3326 01:55:09,100 --> 01:55:11,100 city and county of olathe or 3327 01:55:11,100 --> 01:55:13,100 johnson county and olathe city 3328 01:55:13,100 --> 01:55:16,100 to take care of us. 3329 01:55:16,100 --> 01:55:18,100 but, industry standards are set 3330 01:55:18,100 --> 01:55:20,100 to take care of the industry. 3331 01:55:20,100 --> 01:55:22,100 if this quarry has been around 3332 01:55:22,100 --> 01:55:25,100 since the 1800 hundreds how old 3333 01:55:25,100 --> 01:55:27,100 are? 3334 01:55:27,100 --> 01:55:28,100 standards? 3335 01:55:28,100 --> 01:55:30,100 I know they get updated, not a 3336 01:55:30,100 --> 01:55:32,100 fool, but standards are set in 3337 01:55:32,100 --> 01:55:33,100 place to take care of the 3338 01:55:33,100 --> 01:55:35,100 industry and not to take care 3339 01:55:35,100 --> 01:55:36,100 of the community and the 3340 01:55:36,100 --> 01:55:38,100 citizens around them. 3341 01:55:38,100 --> 01:55:41,100 I like you to take that into 3342 01:55:41,100 --> 01:55:43,100 account when you think this 3343 01:55:43,100 --> 01:55:44,100 goes forward. 3344 01:55:44,100 --> 01:55:47,100 the community is directly cross 3345 01:55:50,100 --> 01:55:51,100 from this piece. 3346 01:55:51,100 --> 01:55:54,100 the rest of the property is 3347 01:55:54,100 --> 01:55:55,100 here. 3348 01:55:55,100 --> 01:55:57,100 we are directly across the 3349 01:55:57,100 --> 01:55:59,100 street from this expansion plan 3350 01:55:59,100 --> 01:56:02,100 and it does have a impact. 3351 01:56:02,100 --> 01:56:04,100 my husband is recently become a 3352 01:56:04,100 --> 01:56:05,100 house husband and he called me 3353 01:56:05,100 --> 01:56:06,100 the other day and wanted to 3354 01:56:06,100 --> 01:56:07,100 know what the noise was in the 3355 01:56:07,100 --> 01:56:08,100 middle of the day. 3356 01:56:08,100 --> 01:56:09,100 not kidding. 3357 01:56:09,100 --> 01:56:12,100 it was what you think it might 3358 01:56:12,100 --> 01:56:13,100 be. 3359 01:56:13,100 --> 01:56:14,100 blasting. 3360 01:56:14,100 --> 01:56:15,100 it was first time he had 3361 01:56:15,100 --> 01:56:17,100 realized that sound and it 3362 01:56:17,100 --> 01:56:18,100 surprised him enough he brought 3363 01:56:18,100 --> 01:56:19,100 it up to me. 3364 01:56:19,100 --> 01:56:21,100 please keep in mind that 3365 01:56:21,100 --> 01:56:23,100 citizen plans and citizen 3366 01:56:23,100 --> 01:56:24,100 standards are probably 3367 01:56:24,100 --> 01:56:25,100 different then industry 3368 01:56:25,100 --> 01:56:28,100 standards and I ask you to 3369 01:56:28,100 --> 01:56:29,100 think who they help. 3370 01:56:29,100 --> 01:56:30,100 one thing that maybe you also 3371 01:56:30,100 --> 01:56:33,100 haven't heard is creating a 3372 01:56:33,100 --> 01:56:35,401 problem that doesn't exist. 3373 01:56:36,100 --> 01:56:38,100 why I didn't hear you bring up 3374 01:56:38,100 --> 01:56:40,100 the fact what we heard in the 3375 01:56:40,100 --> 01:56:42,401 neighborhood meetings was money 3376 01:56:43,100 --> 01:56:44,100 would be give toon the planning 3377 01:56:44,100 --> 01:56:46,100 committee or city olathe that 3378 01:56:46,100 --> 01:56:49,100 was going to help this 3379 01:56:49,100 --> 01:56:50,100 intersection, but it was also 3380 01:56:50,100 --> 01:56:52,100 said in the next breath that 3381 01:56:52,100 --> 01:56:54,100 the city could do with it that 3382 01:56:54,100 --> 01:56:56,401 money whatever it wanted. 3383 01:56:57,100 --> 01:56:58,100 okay. 3384 01:56:58,100 --> 01:57:00,100 then it isn't to fix a problem 3385 01:57:00,100 --> 01:57:02,100 that doesn't exist. 3386 01:57:02,100 --> 01:57:04,100 meaning, the intersection 3387 01:57:05,100 --> 01:57:06,100 there. 3388 01:57:06,100 --> 01:57:07,100 it is for something else and I 3389 01:57:07,100 --> 01:57:08,100 ask the question of what that 3390 01:57:08,100 --> 01:57:09,100 would be for. 3391 01:57:09,100 --> 01:57:11,100 it does look bad on the city 3392 01:57:11,100 --> 01:57:14,100 olathe ultimately if monies are 3393 01:57:15,100 --> 01:57:16,100 given for a problem that does 3394 01:57:16,100 --> 01:57:17,100 not exist. 3395 01:57:17,100 --> 01:57:19,100 lastly, I guess I like to bring 3396 01:57:19,100 --> 01:57:21,100 up the fact I haven't heard 3397 01:57:21,100 --> 01:57:23,100 from anybody I find it quite 3398 01:57:23,100 --> 01:57:25,401 honesty disheartening that the 3399 01:57:27,100 --> 01:57:28,100 city olathe would consider and 3400 01:57:28,100 --> 01:57:29,100 all due respect the planning 3401 01:57:29,100 --> 01:57:31,100 commission would consider 3402 01:57:31,100 --> 01:57:33,100 putting your citizens health 3403 01:57:33,100 --> 01:57:35,100 and the way we raise our 3404 01:57:35,100 --> 01:57:36,100 families and try to interact 3405 01:57:36,100 --> 01:57:38,100 and be proactive in our 3406 01:57:38,100 --> 01:57:39,100 communities and you put us at 3407 01:57:39,100 --> 01:57:43,201 risk at the benefit of what, in 3408 01:57:46,100 --> 01:57:48,100 return for monies or maybe 3409 01:57:48,100 --> 01:57:50,100 potentially the plot of land to 3410 01:57:50,100 --> 01:57:53,100 come back to the city of olathe 3411 01:57:53,100 --> 01:57:56,100 that can't have land put or big 3412 01:57:56,100 --> 01:57:57,100 property put on it because we 3413 01:57:57,100 --> 01:57:59,100 heard that tonight. 3414 01:57:59,100 --> 01:58:00,100 maybe it can have a pond or 3415 01:58:00,100 --> 01:58:01,100 walkway. 3416 01:58:01,100 --> 01:58:03,100 I love our parks and trails in 3417 01:58:03,100 --> 01:58:04,100 the area. 3418 01:58:04,100 --> 01:58:05,100 I have friends that work on 3419 01:58:05,100 --> 01:58:06,100 them and keep them updated. 3420 01:58:06,100 --> 01:58:09,601 I think they are beautiful, but 3421 01:58:10,100 --> 01:58:12,100 in the next breath they can do 3422 01:58:12,100 --> 01:58:13,100 with this whatever they want 3423 01:58:13,100 --> 01:58:16,100 when it is given back to them. 3424 01:58:16,100 --> 01:58:18,100 a lot of good that does me now. 3425 01:58:18,100 --> 01:58:20,100 I do have to live with the 3426 01:58:20,100 --> 01:58:21,100 sound of there blasting and 3427 01:58:21,100 --> 01:58:23,100 even though it does fall within 3428 01:58:23,100 --> 01:58:25,100 industry standards, who do 3429 01:58:25,100 --> 01:58:26,100 those benefit? 3430 01:58:26,100 --> 01:58:28,100 so, please keep in mind the 3431 01:58:28,100 --> 01:58:30,100 industry standards and who they 3432 01:58:30,100 --> 01:58:33,100 benefit that please don't put 3433 01:58:34,100 --> 01:58:37,601 the city and any monies they 3434 01:58:38,100 --> 01:58:39,100 might get ahead of our 3435 01:58:39,100 --> 01:58:40,100 citizens. 3436 01:58:40,100 --> 01:58:41,100 thank you. 3437 01:58:41,100 --> 01:58:43,100 >> thank you nancy. 3438 01:58:43,100 --> 01:58:46,601 doug is next and marybeth mora, 3439 01:58:47,100 --> 01:58:50,100 if you can make your way up. 3440 01:58:50,100 --> 01:58:52,100 >> doug. 3441 01:58:52,100 --> 01:58:54,401 1404 south lake stone olathe. 3442 01:58:56,100 --> 01:58:59,100 can you all hear me okay? 3443 01:58:59,100 --> 01:59:00,100 great. 3444 01:59:00,100 --> 01:59:01,100 thank you very much for 3445 01:59:01,100 --> 01:59:02,100 inviting us and letting us 3446 01:59:02,100 --> 01:59:04,100 speak on our behalf and 3447 01:59:04,100 --> 01:59:06,100 addressing you. 3448 01:59:08,100 --> 01:59:09,100 I guess as far as looking at 3449 01:59:09,100 --> 01:59:12,100 new information, one my wife 3450 01:59:13,100 --> 01:59:15,100 did refer to the fact didn't 3451 01:59:15,100 --> 01:59:17,100 know what the blasting sounded 3452 01:59:17,100 --> 01:59:18,100 like. 3453 01:59:18,100 --> 01:59:19,100 I haven't been here the entire 3454 01:59:19,100 --> 01:59:23,201 time we moved in and we are 3455 01:59:24,100 --> 01:59:25,100 moving from the west and big 3456 01:59:25,100 --> 01:59:27,100 move and doing a lot of things 3457 01:59:27,100 --> 01:59:28,100 and very involved situation. 3458 01:59:28,100 --> 01:59:30,100 on the other hand, I was 3459 01:59:30,100 --> 01:59:32,100 surprised to just be sitting 3460 01:59:32,100 --> 01:59:34,100 having cup of coffee watching 3461 01:59:34,100 --> 01:59:36,100 the birds by the lake and hear 3462 01:59:36,100 --> 01:59:38,100 an explosion. 3463 01:59:39,100 --> 01:59:42,100 for any of you that like to see 3464 01:59:42,100 --> 01:59:45,100 what your ears hear or what you 3465 01:59:45,100 --> 01:59:48,100 see or want to run down 159 and 3466 01:59:48,100 --> 01:59:51,100 have a peanut butter and jelly 3467 01:59:51,100 --> 01:59:53,100 sandwich at lunch, feel free to 3468 01:59:53,100 --> 01:59:55,100 invite yourself or call me. 3469 01:59:55,100 --> 01:59:56,100 glad to show you and you can 3470 01:59:56,100 --> 01:59:58,100 taste the grit in the sandwich 3471 01:59:58,100 --> 02:00:01,601 and hear the blasting on the 3472 02:00:02,100 --> 02:00:03,100 porch. 3473 02:00:03,100 --> 02:00:04,100 more then glad to share that 3474 02:00:04,100 --> 02:00:05,100 with you. 3475 02:00:05,100 --> 02:00:08,100 I think that since 1988 they 3476 02:00:13,100 --> 02:00:14,100 made good use of the property 3477 02:00:14,100 --> 02:00:15,100 that they have. 3478 02:00:15,100 --> 02:00:17,100 I hate to see that this extends 3479 02:00:17,100 --> 02:00:19,100 any further or that you deviate 3480 02:00:19,100 --> 02:00:21,100 from the plan you had created 3481 02:00:21,100 --> 02:00:23,100 back then showing that there 3482 02:00:23,100 --> 02:00:25,100 was going to be support for the 3483 02:00:25,100 --> 02:00:27,100 community commercially and 3484 02:00:28,100 --> 02:00:30,100 possibly additional jobs right 3485 02:00:30,100 --> 02:00:31,100 there. 3486 02:00:31,100 --> 02:00:34,100 I don't see why it needs to be 3487 02:00:34,100 --> 02:00:35,100 changed to ag land. 3488 02:00:35,100 --> 02:00:37,100 I think that is a bad vote on 3489 02:00:37,100 --> 02:00:38,100 the planning commission part 3490 02:00:38,100 --> 02:00:40,100 and encourage the entire 3491 02:00:40,100 --> 02:00:41,100 commission or entire county 3492 02:00:41,100 --> 02:00:44,100 board not to vote that way. 3493 02:00:44,100 --> 02:00:47,601 but, if you do want to 3494 02:00:48,100 --> 02:00:49,100 experience for yourselves and 3495 02:00:49,100 --> 02:00:52,601 see what it is really about, 3496 02:00:55,100 --> 02:00:57,100 feel free to give me a call. 3497 02:00:57,100 --> 02:00:58,100 >> thanks doug. 3498 02:00:58,100 --> 02:01:01,100 marybeth mora followed by kim 3499 02:01:01,100 --> 02:01:03,100 erickson. 3500 02:01:05,100 --> 02:01:08,100 >> yes, marybeth mora and I and 3501 02:01:08,100 --> 02:01:11,100 my husband and two grand 3502 02:01:11,100 --> 02:01:13,100 daughters live, 24600 west 154 3503 02:01:16,100 --> 02:01:17,100 street. 3504 02:01:17,100 --> 02:01:19,100 we are the property, 611 feet 3505 02:01:19,100 --> 02:01:22,601 from that place that is talked 3506 02:01:24,100 --> 02:01:25,100 about. 3507 02:01:25,100 --> 02:01:27,100 so, there are many reasons why 3508 02:01:27,100 --> 02:01:29,100 we must not allow for this 3509 02:01:29,100 --> 02:01:32,100 quarry project to go forward. 3510 02:01:32,100 --> 02:01:35,100 I will start from miner to 3511 02:01:35,100 --> 02:01:38,601 major, so bear with me with 3512 02:01:39,100 --> 02:01:42,100 what may seem initially smaller 3513 02:01:42,100 --> 02:01:45,100 reasons, but in order of 3514 02:01:46,100 --> 02:01:47,100 importance. 3515 02:01:47,100 --> 02:01:49,100 blasting and machinery 3516 02:01:49,100 --> 02:01:51,401 generates high noise levels 3517 02:01:54,100 --> 02:01:56,100 causing stress and behavioral 3518 02:01:56,100 --> 02:01:59,100 changes in wildlife and pets. 3519 02:02:00,100 --> 02:02:03,100 we live a distance already from 3520 02:02:03,100 --> 02:02:05,100 blasting and we see that with 3521 02:02:05,100 --> 02:02:06,100 our dog. 3522 02:02:06,100 --> 02:02:08,100 okay? 3523 02:02:08,100 --> 02:02:10,401 the dust quarrying raises 3524 02:02:11,100 --> 02:02:14,100 travels far, settling on plants 3525 02:02:15,100 --> 02:02:17,100 and effecting their growth. 3526 02:02:17,100 --> 02:02:20,100 that is a scientific fact. 3527 02:02:20,100 --> 02:02:24,100 we lived in many places and we 3528 02:02:24,100 --> 02:02:26,100 never had so much dust to deal 3529 02:02:26,100 --> 02:02:28,100 with in our homes as we have in 3530 02:02:28,100 --> 02:02:30,100 this place, but we love it 3531 02:02:30,100 --> 02:02:31,100 anyway. 3532 02:02:31,100 --> 02:02:33,100 we deal with it, but bring it 3533 02:02:33,100 --> 02:02:35,100 closer, it would be different. 3534 02:02:35,100 --> 02:02:37,100 it would effect the plants. 3535 02:02:37,100 --> 02:02:40,100 it would effect our vegetation 3536 02:02:40,100 --> 02:02:42,401 and our gardens, our 3537 02:02:43,100 --> 02:02:45,100 vegetables. 3538 02:02:45,100 --> 02:02:48,100 the next thing is, the 3539 02:02:48,100 --> 02:02:50,100 foundations of our homes in the 3540 02:02:50,100 --> 02:02:53,100 area will be compromised by the 3541 02:02:53,100 --> 02:02:55,100 underground movement from the 3542 02:02:55,100 --> 02:02:57,401 impact of the blasting's. 3543 02:02:58,100 --> 02:03:00,100 so, and then the value of our 3544 02:03:00,100 --> 02:03:02,100 property will go down 3545 02:03:02,100 --> 02:03:04,100 considerably. 3546 02:03:04,100 --> 02:03:07,100 what we have spent years with 3547 02:03:07,100 --> 02:03:08,100 sweat and tears developing for 3548 02:03:08,100 --> 02:03:11,100 our family and our posterity 3549 02:03:12,100 --> 02:03:13,100 would have to be considered a 3550 02:03:13,100 --> 02:03:14,100 loss. 3551 02:03:14,100 --> 02:03:16,100 this is unacceptable. 3552 02:03:17,100 --> 02:03:20,100 I know there have been some 3553 02:03:20,100 --> 02:03:22,100 people that have lived in the 3554 02:03:22,100 --> 02:03:25,100 area that say that they if this 3555 02:03:25,100 --> 02:03:27,100 goes through they are moving. 3556 02:03:27,100 --> 02:03:30,100 I don't like to think that 3557 02:03:30,100 --> 02:03:32,401 everybody's property value will 3558 02:03:34,100 --> 02:03:36,100 be going down and that will 3559 02:03:36,100 --> 02:03:38,100 change things a lot. 3560 02:03:38,100 --> 02:03:41,601 but, most importantly, and I am 3561 02:03:43,100 --> 02:03:44,100 saying this from a perspective 3562 02:03:44,100 --> 02:03:47,100 of a mother, grand mother, also 3563 02:03:47,100 --> 02:03:50,100 a nurse, our health will be 3564 02:03:50,100 --> 02:03:52,401 effected in significant ways. 3565 02:03:53,100 --> 02:03:56,100 the fine dust particles will 3566 02:03:58,100 --> 02:04:00,100 most likely contain silica, 3567 02:04:00,100 --> 02:04:01,100 naturally found in certain 3568 02:04:01,100 --> 02:04:04,100 stone, rock, sand and clay. 3569 02:04:04,100 --> 02:04:07,100 this silica can be easily 3570 02:04:07,100 --> 02:04:09,100 inhaled by those living close 3571 02:04:09,100 --> 02:04:10,100 to a quarry. 3572 02:04:10,100 --> 02:04:11,100 once inside the lungs the dust 3573 02:04:11,100 --> 02:04:13,100 particles are attacked by the 3574 02:04:13,100 --> 02:04:15,401 immune system, which causes 3575 02:04:16,100 --> 02:04:19,100 silicosis a disease that can 3576 02:04:19,100 --> 02:04:20,100 take years to develop. 3577 02:04:20,100 --> 02:04:22,100 it causes swelling and scarring 3578 02:04:22,100 --> 02:04:24,100 in the lungs. 3579 02:04:26,100 --> 02:04:29,100 the nhs website states that 3580 02:04:29,100 --> 02:04:31,100 people with silicosis may 3581 02:04:31,100 --> 02:04:33,100 become bed bound and rare 3582 02:04:33,100 --> 02:04:35,100 instances even can be fatal. 3583 02:04:35,100 --> 02:04:37,100 it can also lead to lung 3584 02:04:37,100 --> 02:04:39,100 diseases such as copd and lung 3585 02:04:39,100 --> 02:04:40,100 cancer. 3586 02:04:40,100 --> 02:04:42,100 the dust exposure can cause eye 3587 02:04:42,100 --> 02:04:44,100 problems too. 3588 02:04:44,100 --> 02:04:46,100 hearing can be effected. 3589 02:04:46,100 --> 02:04:48,100 the international journal of 3590 02:04:48,100 --> 02:04:49,100 environmental research and 3591 02:04:49,100 --> 02:04:52,100 public health conducted a study 3592 02:04:52,100 --> 02:04:54,100 comparing two groups, one far 3593 02:04:54,100 --> 02:04:56,100 from a quarry and the other 3594 02:04:56,100 --> 02:04:57,100 near the quarry. 3595 02:04:57,100 --> 02:04:59,100 those residing closer to the 3596 02:04:59,100 --> 02:05:02,100 quarry had a higher respiratory 3597 02:05:04,100 --> 02:05:06,401 symptoms like nasal congestion, 3598 02:05:07,100 --> 02:05:09,100 cough, as mu and deteriorating 3599 02:05:09,100 --> 02:05:11,100 lung function. 3600 02:05:11,100 --> 02:05:13,100 those susceptible are young and 3601 02:05:13,100 --> 02:05:14,100 elderly. 3602 02:05:14,100 --> 02:05:17,100 my husband and I are getting up 3603 02:05:17,100 --> 02:05:18,100 there in years and we are 3604 02:05:18,100 --> 02:05:20,100 raising our grand daughters on 3605 02:05:20,100 --> 02:05:23,100 the very property like I said 3606 02:05:23,100 --> 02:05:25,100 closest to the perspective 3607 02:05:25,100 --> 02:05:26,100 quarry. 3608 02:05:26,100 --> 02:05:29,100 we live right across the 3609 02:05:29,100 --> 02:05:30,100 street. 3610 02:05:30,100 --> 02:05:31,100 we need to stay healthy for our 3611 02:05:31,100 --> 02:05:34,601 girls who lost both parents and 3612 02:05:36,100 --> 02:05:38,100 depend on us. 3613 02:05:38,100 --> 02:05:41,601 we are appealing to our city 3614 02:05:42,100 --> 02:05:44,100 officials to put the health and 3615 02:05:44,100 --> 02:05:46,100 wellbeing of us, the residents 3616 02:05:46,100 --> 02:05:49,100 of the city above any other 3617 02:05:49,100 --> 02:05:51,100 endeavor. 3618 02:05:51,100 --> 02:05:53,100 people's health must always 3619 02:05:53,100 --> 02:05:55,100 take priority over economic 3620 02:05:55,100 --> 02:05:57,100 growth. 3621 02:05:59,100 --> 02:06:01,100 (applause) 3622 02:06:01,100 --> 02:06:03,100 >> thank you. 3623 02:06:04,100 --> 02:06:06,100 carolyn erickson. 3624 02:06:10,100 --> 02:06:12,100 >> my name is kim erickson. 3625 02:06:12,100 --> 02:06:14,401 my address is 2604 west 150 3626 02:06:16,100 --> 02:06:19,100 street in the housing addition 3627 02:06:19,100 --> 02:06:22,601 that you have seen called lake 3628 02:06:23,100 --> 02:06:25,100 shore estates. 3629 02:06:25,100 --> 02:06:28,100 I wonder, would it be 3630 02:06:29,100 --> 02:06:31,100 inappropriate if showed a 3631 02:06:31,100 --> 02:06:34,601 photo of what the-what it looks 3632 02:06:35,100 --> 02:06:37,100 like in the field when you see 3633 02:06:37,100 --> 02:06:38,100 all the dust? 3634 02:06:38,100 --> 02:06:41,100 can I pass this around? 3635 02:06:42,100 --> 02:06:44,100 >> legal? 3636 02:06:46,100 --> 02:06:48,100 it is your 5 minutes. 3637 02:06:48,100 --> 02:06:49,100 >> beg your pardon? 3638 02:06:49,100 --> 02:06:51,401 >> it is your 5 minutes. 3639 02:06:52,100 --> 02:06:53,100 >> 5 minutes, okay. 3640 02:06:53,100 --> 02:06:55,401 the background standing at 3641 02:06:56,100 --> 02:06:58,100 highway 56 and 151 street. 3642 02:06:59,100 --> 02:07:02,601 that is the quarry and the 3643 02:07:03,100 --> 02:07:05,100 dust. 3644 02:07:06,100 --> 02:07:07,100 that comes right into our 3645 02:07:07,100 --> 02:07:09,100 neighborhood. 3646 02:07:51,100 --> 02:07:53,100 I don't have anything that you 3647 02:07:53,100 --> 02:07:55,100 haven't heard already. 3648 02:07:55,100 --> 02:07:58,601 I just we talk about not 3649 02:07:59,100 --> 02:08:01,401 necessarily new things, but 3650 02:08:03,100 --> 02:08:04,100 what you haven't heard is the 3651 02:08:04,100 --> 02:08:07,100 impact that comes with having 3652 02:08:07,100 --> 02:08:10,601 to face this dust and noise 3653 02:08:13,100 --> 02:08:16,100 potentially any day of the 3654 02:08:16,100 --> 02:08:18,100 week, and if you haven't 3655 02:08:18,100 --> 02:08:20,401 experienced that you can't 3656 02:08:21,100 --> 02:08:24,100 really respond I don't think 3657 02:08:25,100 --> 02:08:27,401 well to this situation. 3658 02:08:33,100 --> 02:08:36,100 we are trying to do our best to 3659 02:08:36,100 --> 02:08:40,100 do what we think we can do. 3660 02:08:40,100 --> 02:08:42,100 I hope that the stipulations 3661 02:08:42,100 --> 02:08:45,601 that you have put down or 3662 02:08:46,100 --> 02:08:48,100 suggested somehow can be 3663 02:08:48,100 --> 02:08:50,401 enforced, because they haven't 3664 02:08:51,100 --> 02:08:53,100 been in the past. 3665 02:08:53,100 --> 02:08:54,100 thank you. 3666 02:08:54,100 --> 02:08:55,100 >> thank you kim. 3667 02:08:55,100 --> 02:08:57,100 carolyn erickson followed by 3668 02:08:57,100 --> 02:08:59,100 terry austinfeld. 3669 02:09:05,100 --> 02:09:07,100 >> I'm carolyn erickson, 2604 3670 02:09:10,100 --> 02:09:12,100 west 150 street. 3671 02:09:12,100 --> 02:09:14,100 that was my husband that just 3672 02:09:14,100 --> 02:09:15,100 spoke. 3673 02:09:15,100 --> 02:09:16,100 my father built his house in 3674 02:09:16,100 --> 02:09:18,401 lake stone estates in 1980. 3675 02:09:19,100 --> 02:09:22,601 he moved there built his house 3676 02:09:23,100 --> 02:09:24,100 there because he thought was a 3677 02:09:24,100 --> 02:09:26,100 beautiful, quite, peaceful, 3678 02:09:28,100 --> 02:09:30,401 lovely neighborhood, and he 3679 02:09:32,100 --> 02:09:33,100 lived in the city a long time 3680 02:09:33,100 --> 02:09:36,100 and was ready to get out 3681 02:09:36,100 --> 02:09:38,401 someplace nice like that. 3682 02:09:39,100 --> 02:09:41,100 it was quite for a long time 3683 02:09:41,100 --> 02:09:43,100 till the quarry came and when 3684 02:09:43,100 --> 02:09:46,100 it came, we like everyone said, 3685 02:09:46,100 --> 02:09:49,100 the dust and the blasting was 3686 02:09:49,100 --> 02:09:50,100 amazing. 3687 02:09:50,100 --> 02:09:53,100 we would come up periodically, 3688 02:09:53,100 --> 02:09:55,401 we lived in oklahoma. 3689 02:09:56,100 --> 02:09:58,100 yes the wind blows there too, 3690 02:09:58,100 --> 02:10:00,100 but I had never seen such a 3691 02:10:00,100 --> 02:10:04,100 mess as my mother was a white 3692 02:10:04,100 --> 02:10:06,100 glove artist, no dust in the 3693 02:10:06,100 --> 02:10:07,100 house. 3694 02:10:07,100 --> 02:10:08,100 there certainly was dust all 3695 02:10:08,100 --> 02:10:10,100 the time that she had to take 3696 02:10:10,100 --> 02:10:12,100 care of. 3697 02:10:16,100 --> 02:10:18,100 it was bad--when you hear the 3698 02:10:18,100 --> 02:10:20,100 blasting, you could hear the 3699 02:10:20,100 --> 02:10:23,100 china the glasses in the china 3700 02:10:23,100 --> 02:10:25,100 closet rattle. 3701 02:10:25,100 --> 02:10:28,601 that is blasting noise and we 3702 02:10:30,100 --> 02:10:32,100 right as you turn off lake 3703 02:10:32,100 --> 02:10:35,601 stone drive, we are the third 3704 02:10:36,100 --> 02:10:38,100 house in. 3705 02:10:38,100 --> 02:10:40,100 and if it rattles our stuff 3706 02:10:40,100 --> 02:10:42,100 like that, I can't imagine what 3707 02:10:42,100 --> 02:10:46,100 it does to their house there on 3708 02:10:46,100 --> 02:10:47,100 the corner. 3709 02:10:47,100 --> 02:10:49,100 we are right behind them just 3710 02:10:49,100 --> 02:10:51,401 behind them a ways. 3711 02:10:52,100 --> 02:10:54,100 it is not right t. Isn't right. 3712 02:10:54,100 --> 02:10:57,100 we moved up here three years 3713 02:10:57,100 --> 02:10:59,100 ago following my father's 3714 02:10:59,100 --> 02:11:00,100 death. 3715 02:11:00,100 --> 02:11:01,100 we moved up here three years 3716 02:11:01,100 --> 02:11:03,100 ago permanently. 3717 02:11:04,100 --> 02:11:07,100 I never had such allergies and 3718 02:11:07,100 --> 02:11:10,100 my eyes watering and all that 3719 02:11:10,100 --> 02:11:11,100 thing since we moved here. 3720 02:11:11,100 --> 02:11:12,100 coughing. 3721 02:11:12,100 --> 02:11:13,100 all that kind of stuff. 3722 02:11:13,100 --> 02:11:14,100 I go to the doctors and say 3723 02:11:14,100 --> 02:11:15,100 what is wrong up here. 3724 02:11:15,100 --> 02:11:17,100 I think what is wrong up here 3725 02:11:17,100 --> 02:11:20,601 is the atmosphere we are living 3726 02:11:22,100 --> 02:11:23,100 in. 3727 02:11:23,100 --> 02:11:24,100 it isn't right. 3728 02:11:24,100 --> 02:11:25,100 it is just not right. 3729 02:11:25,100 --> 02:11:26,100 it isn't right what we breathe, 3730 02:11:26,100 --> 02:11:28,100 it isn't right what we have to 3731 02:11:28,100 --> 02:11:29,100 live with, what we have to deal 3732 02:11:29,100 --> 02:11:31,401 with every single day. 3733 02:11:32,100 --> 02:11:35,100 you get your car washed, if you 3734 02:11:35,100 --> 02:11:36,100 dont put your garage door down 3735 02:11:36,100 --> 02:11:39,100 immediately, your car is dirty 3736 02:11:39,100 --> 02:11:40,100 immediately. 3737 02:11:40,100 --> 02:11:42,100 it is just dirty from all the 3738 02:11:42,100 --> 02:11:45,100 dust that comes into the 3739 02:11:47,100 --> 02:11:48,100 garage. 3740 02:11:48,100 --> 02:11:49,100 it is just not right and if it 3741 02:11:49,100 --> 02:11:52,100 is going to be more so and it 3742 02:11:52,100 --> 02:11:54,100 will be and I can't imagine it 3743 02:11:54,100 --> 02:11:57,100 being that close to old 56 3744 02:11:57,100 --> 02:11:59,100 going all the way around that 3745 02:11:59,100 --> 02:12:01,100 we will not have major major 3746 02:12:01,100 --> 02:12:04,100 problem and the people on the 3747 02:12:04,100 --> 02:12:07,601 other side oak run, are not 3748 02:12:08,100 --> 02:12:10,100 going to have the significant 3749 02:12:10,100 --> 02:12:11,100 amount of problems too. 3750 02:12:11,100 --> 02:12:14,100 we all need to stay healthy and 3751 02:12:14,100 --> 02:12:16,100 right now, that's not 3752 02:12:16,100 --> 02:12:17,100 happening. 3753 02:12:17,100 --> 02:12:18,100 what we have to breathe and 3754 02:12:18,100 --> 02:12:19,100 having to deal with. 3755 02:12:19,100 --> 02:12:21,100 thank you. 3756 02:12:21,100 --> 02:12:22,100 >> thank you carolyn. 3757 02:12:22,100 --> 02:12:24,401 terry austinfeld followed by 3758 02:12:26,100 --> 02:12:28,100 chuck brandonhof. 3759 02:12:29,100 --> 02:12:31,100 brandonburke. 3760 02:12:31,100 --> 02:12:33,100 my apologies. 3761 02:12:33,100 --> 02:12:35,100 terry. 3762 02:12:35,100 --> 02:12:36,100 >> thank you commissioners. 3763 02:12:36,100 --> 02:12:38,100 I'm terry. 3764 02:12:38,100 --> 02:12:41,100 my address is 1614 south like 3765 02:12:41,100 --> 02:12:42,100 stone drive. 3766 02:12:42,100 --> 02:12:44,100 many neighbors have already 3767 02:12:44,100 --> 02:12:45,100 commented on things I was going 3768 02:12:45,100 --> 02:12:47,100 to address, but I would second 3769 02:12:47,100 --> 02:12:48,100 the motion that you can come 3770 02:12:48,100 --> 02:12:50,100 and sit in my house any time as 3771 02:12:50,100 --> 02:12:51,100 well. 3772 02:12:51,100 --> 02:12:52,100 the blasting literally feels 3773 02:12:52,100 --> 02:12:54,100 like you are in a earthquake. 3774 02:12:54,100 --> 02:12:56,100 it hits your house. 3775 02:12:56,100 --> 02:12:58,100 your entire house shakes, so if 3776 02:12:58,100 --> 02:12:59,100 you just want to know, please 3777 02:12:59,100 --> 02:13:02,100 you are invited to my house as 3778 02:13:02,100 --> 02:13:03,100 well. 3779 02:13:03,100 --> 02:13:04,100 again, I really don't want to 3780 02:13:04,100 --> 02:13:06,100 repeat what others said, but 3781 02:13:06,100 --> 02:13:08,100 hopefully can expound on the 3782 02:13:08,100 --> 02:13:10,100 issues we are facing. 3783 02:13:10,100 --> 02:13:11,100 here is what I want the 3784 02:13:11,100 --> 02:13:13,401 commission to understand, what 3785 02:13:15,100 --> 02:13:17,100 I have heard attorney peterson 3786 02:13:17,100 --> 02:13:20,100 say here today is that, the 3787 02:13:20,100 --> 02:13:22,100 vibrations are going to stay in 3788 02:13:22,100 --> 02:13:25,601 the same range even with the 3789 02:13:26,100 --> 02:13:27,100 quarry moving closely. 3790 02:13:27,100 --> 02:13:30,100 that gives zero comfort because 3791 02:13:30,100 --> 02:13:32,100 the vibrations we already 3792 02:13:32,100 --> 02:13:34,100 experience are unacceptable. 3793 02:13:34,100 --> 02:13:36,100 our foundations have cracked. 3794 02:13:36,100 --> 02:13:38,100 you can say well, everybody's 3795 02:13:38,100 --> 02:13:40,100 foundation cracks. 3796 02:13:40,100 --> 02:13:41,100 settling. 3797 02:13:41,100 --> 02:13:43,100 it is not. 3798 02:13:44,100 --> 02:13:47,100 I can show you a photograph. 3799 02:13:47,100 --> 02:13:49,100 I have landscape rocks in my 3800 02:13:49,100 --> 02:13:51,100 yard that were limestone rocks 3801 02:13:51,100 --> 02:13:53,100 when my house was built in 3802 02:13:53,100 --> 02:13:54,100 1982. 3803 02:13:54,100 --> 02:13:55,100 they are cracked all the way 3804 02:13:55,100 --> 02:13:56,100 down it middle. 3805 02:13:56,100 --> 02:13:57,100 this isn't settling. 3806 02:13:57,100 --> 02:13:59,401 these are 12 feet across. 3807 02:14:00,100 --> 02:14:01,100 this is what the vibration from 3808 02:14:01,100 --> 02:14:02,100 there quarry has done. 3809 02:14:02,100 --> 02:14:05,100 these rocks blasted the ice 3810 02:14:06,100 --> 02:14:07,100 age, but yet the quarry 3811 02:14:07,100 --> 02:14:10,100 vibration has taken them down. 3812 02:14:19,100 --> 02:14:21,100 even the other thing I like to 3813 02:14:21,100 --> 02:14:22,100 address that I have not heard 3814 02:14:22,100 --> 02:14:23,100 addressed by the neighbors is 3815 02:14:23,100 --> 02:14:26,100 that, the issue of the 3816 02:14:26,100 --> 02:14:27,100 underground blasting. 3817 02:14:27,100 --> 02:14:29,100 we have been told that don't 3818 02:14:29,100 --> 02:14:31,100 worry, we'll move the blasting 3819 02:14:31,100 --> 02:14:33,100 underground. 3820 02:14:33,100 --> 02:14:36,601 this not the panacea the quarry 3821 02:14:37,100 --> 02:14:38,100 wants you to think. 3822 02:14:38,100 --> 02:14:39,100 I invite you to do a quick 3823 02:14:39,100 --> 02:14:42,100 google search of what happens 3824 02:14:42,100 --> 02:14:43,100 when you blast underground 3825 02:14:43,100 --> 02:14:45,100 versus surface blasting. 3826 02:14:47,100 --> 02:14:50,601 it will tell you that, moving 3827 02:14:51,100 --> 02:14:53,401 underground while it eliminates 3828 02:14:54,100 --> 02:14:56,100 the issue of fly rock, the 3829 02:14:56,100 --> 02:14:58,100 ground vibrations that are 3830 02:14:58,100 --> 02:15:00,100 experienced at surface can be 3831 02:15:00,100 --> 02:15:02,100 more intense when you move 3832 02:15:02,100 --> 02:15:04,100 underground. 3833 02:15:04,100 --> 02:15:05,100 this stands to reason because 3834 02:15:05,100 --> 02:15:07,100 open air blasting, which they 3835 02:15:07,100 --> 02:15:08,100 are doing now some of the 3836 02:15:08,100 --> 02:15:10,100 energy caused by the blasting 3837 02:15:10,100 --> 02:15:12,100 vents to the open air, but when 3838 02:15:12,100 --> 02:15:13,100 you move undergrounds, all the 3839 02:15:13,100 --> 02:15:15,100 explosive energy is trapped in 3840 02:15:15,100 --> 02:15:17,100 the rock and directly converted 3841 02:15:17,100 --> 02:15:19,100 into ground vibration so you 3842 02:15:19,100 --> 02:15:20,100 see the damage it already 3843 02:15:20,100 --> 02:15:22,401 caused, keeping the vibration 3844 02:15:23,100 --> 02:15:25,100 at the same level isn't going 3845 02:15:25,100 --> 02:15:28,100 to help us at all. 3846 02:15:30,100 --> 02:15:33,100 secondly, what I think is most 3847 02:15:33,100 --> 02:15:36,100 important is issue of dust. 3848 02:15:36,100 --> 02:15:38,100 to someone not experienced what 3849 02:15:38,100 --> 02:15:40,100 we are experiencing, dust. 3850 02:15:40,100 --> 02:15:42,100 so what, big deal. 3851 02:15:42,100 --> 02:15:44,100 your car gets dirty. 3852 02:15:44,100 --> 02:15:45,100 that's not the problem. 3853 02:15:45,100 --> 02:15:47,100 what the problem is, is what is 3854 02:15:47,100 --> 02:15:49,401 contained in the dust. 3855 02:15:50,100 --> 02:15:52,100 as a neighbor mentioned, we are 3856 02:15:52,100 --> 02:15:54,401 looking at hazardous silica 3857 02:15:57,100 --> 02:15:58,100 dust. 3858 02:15:58,100 --> 02:16:00,100 this is classified as known 3859 02:16:00,100 --> 02:16:02,100 human carcinogen. 3860 02:16:02,100 --> 02:16:04,401 breathing it in causes 3861 02:16:05,100 --> 02:16:07,100 incurable lung damage. 3862 02:16:09,100 --> 02:16:12,100 call me slow, I'm just putting 3863 02:16:12,100 --> 02:16:13,100 all this together because I 3864 02:16:13,100 --> 02:16:14,100 just lived in my house two 3865 02:16:14,100 --> 02:16:16,100 years, but the gentlemen the 3866 02:16:16,100 --> 02:16:18,100 widow I bought my house from 3867 02:16:18,100 --> 02:16:21,100 did die of lung cancer. 3868 02:16:22,100 --> 02:16:24,100 I have screen porch. 3869 02:16:24,100 --> 02:16:26,401 it is basically inuseable 3870 02:16:29,100 --> 02:16:31,100 because now matter how much you 3871 02:16:31,100 --> 02:16:33,100 clean it everything is covered 3872 02:16:33,100 --> 02:16:34,100 in dust. 3873 02:16:34,100 --> 02:16:36,100 this is incredibly unhealthy 3874 02:16:36,100 --> 02:16:38,100 things we are breathing. 3875 02:16:38,100 --> 02:16:40,100 come to my house, breathe this. 3876 02:16:40,100 --> 02:16:43,100 we can't open our windows. 3877 02:16:43,100 --> 02:16:45,100 it makes your throat dry. 3878 02:16:45,100 --> 02:16:48,100 it makes your chest hurt and 3879 02:16:48,100 --> 02:16:49,100 this is what we are living 3880 02:16:49,100 --> 02:16:50,100 with. 3881 02:16:50,100 --> 02:16:52,100 so, for the quarry owners to 3882 02:16:52,100 --> 02:16:55,601 tell us, don't worry, we are 3883 02:16:56,100 --> 02:16:57,100 going to stipulate and make 3884 02:16:57,100 --> 02:16:59,100 sure that moving this quarry 3885 02:16:59,100 --> 02:17:01,100 isn't any worse then you have 3886 02:17:01,100 --> 02:17:02,100 now. 3887 02:17:02,100 --> 02:17:04,100 well, that's not really good 3888 02:17:04,100 --> 02:17:05,100 enough. 3889 02:17:05,100 --> 02:17:08,100 the stipulations you are making 3890 02:17:10,100 --> 02:17:12,100 were made in 1988 and they 3891 02:17:12,100 --> 02:17:13,100 didn't solve the problem. 3892 02:17:13,100 --> 02:17:14,100 that is just it, keeping under 3893 02:17:14,100 --> 02:17:16,100 the whatever the standards are 3894 02:17:16,100 --> 02:17:18,100 hasn't solved the problem 3895 02:17:18,100 --> 02:17:19,100 before. 3896 02:17:19,100 --> 02:17:21,100 why should we accept or believe 3897 02:17:21,100 --> 02:17:23,100 they will solve the problem in 3898 02:17:23,100 --> 02:17:25,100 the future? 3899 02:17:25,100 --> 02:17:27,100 I would ask that you deny the 3900 02:17:27,100 --> 02:17:29,401 application, because it isn't 3901 02:17:31,100 --> 02:17:33,100 just inconveniencing the people 3902 02:17:33,100 --> 02:17:34,100 in the neighborhood, it is 3903 02:17:34,100 --> 02:17:36,100 poisoning us. 3904 02:17:37,100 --> 02:17:38,100 thank you for your 3905 02:17:38,100 --> 02:17:40,100 consideration. 3906 02:17:40,100 --> 02:17:42,100 >> thank you terry. 3907 02:17:43,100 --> 02:17:46,100 chuck and greg reno next. 3908 02:17:48,100 --> 02:17:50,401 >> been sitting too long. 3909 02:17:51,100 --> 02:17:52,100 good evening everyone. 3910 02:17:52,100 --> 02:17:54,100 my name is chuck brandonberg. 3911 02:17:54,100 --> 02:17:56,100 my wife and I bought a house 3912 02:17:56,100 --> 02:17:58,401 two years ago, 25344 west 144 3913 02:18:01,100 --> 02:18:03,100 street. 3914 02:18:04,100 --> 02:18:06,100 it is high lands on the green. 3915 02:18:06,100 --> 02:18:08,100 the other day we were outside 3916 02:18:08,100 --> 02:18:10,100 and my neighbor goes, what was 3917 02:18:10,100 --> 02:18:11,100 that? 3918 02:18:11,100 --> 02:18:14,100 it was a huge explosion and we 3919 02:18:14,100 --> 02:18:17,100 are new to what is going on 3920 02:18:17,100 --> 02:18:20,601 with this process and so I 3921 02:18:22,100 --> 02:18:25,100 heard about the dynamiting and 3922 02:18:25,100 --> 02:18:26,100 that is what it was because 3923 02:18:26,100 --> 02:18:29,100 there was no air plane crash, 3924 02:18:29,100 --> 02:18:32,100 but anyway, we do have a dust 3925 02:18:32,100 --> 02:18:34,401 issue where we live. 3926 02:18:35,100 --> 02:18:36,100 leave the car out, it gets 3927 02:18:36,100 --> 02:18:38,401 dusty as carolyn was 3928 02:18:40,100 --> 02:18:42,100 explaining. 3929 02:18:42,100 --> 02:18:45,100 most of my career I worked as a 3930 02:18:45,100 --> 02:18:49,201 cfo for a green company and epa 3931 02:18:50,100 --> 02:18:53,100 was on us all the time about 3932 02:18:53,100 --> 02:18:55,100 our dust system, because the 3933 02:18:55,100 --> 02:18:58,601 people in the town, they washed 3934 02:19:00,100 --> 02:19:02,100 clothes and the dust gets on 3935 02:19:02,100 --> 02:19:06,100 the clothes and so, we had to 3936 02:19:06,100 --> 02:19:09,100 take precaution about dust, and 3937 02:19:10,100 --> 02:19:11,100 in a grain elevator, it is 3938 02:19:11,100 --> 02:19:12,100 edible. 3939 02:19:12,100 --> 02:19:15,100 it comes from edible product 3940 02:19:16,100 --> 02:19:19,100 like corn, beans, wheat, so 3941 02:19:19,100 --> 02:19:22,100 when we moved here, I couldn't 3942 02:19:22,100 --> 02:19:25,100 believe the dust going on at 3943 02:19:25,100 --> 02:19:28,100 the quarry, but I think--I 3944 02:19:32,100 --> 02:19:33,100 don't envy your job. 3945 02:19:33,100 --> 02:19:37,801 it is tough, I know, but I like 3946 02:19:43,100 --> 02:19:44,100 to leave you with this thought, 3947 02:19:44,100 --> 02:19:46,100 would you move in that 3948 02:19:46,100 --> 02:19:47,100 neighborhood and pick up your 3949 02:19:47,100 --> 02:19:50,100 family and move in that 3950 02:19:50,100 --> 02:19:51,100 neighborhood? 3951 02:19:51,100 --> 02:19:52,100 that is all I have. 3952 02:19:52,100 --> 02:19:53,100 thank you. 3953 02:19:53,100 --> 02:19:54,100 >> thank you chuck. 3954 02:19:54,100 --> 02:19:56,100 greg reno followed by katie 3955 02:19:56,100 --> 02:19:58,100 slater. 3956 02:20:03,100 --> 02:20:05,100 >> my name is greg reno. 3957 02:20:05,100 --> 02:20:07,401 1514 south lake stone drive. 3958 02:20:08,100 --> 02:20:10,100 my wife and I moved here 9 3959 02:20:10,100 --> 02:20:12,401 years ago from iowa. 3960 02:20:15,100 --> 02:20:17,100 I commuted back and forth and 3961 02:20:17,100 --> 02:20:20,100 worked through the week day. 3962 02:20:20,100 --> 02:20:22,100 the first month we were down my 3963 02:20:22,100 --> 02:20:24,100 wife heard a explosion and 3964 02:20:24,100 --> 02:20:26,100 didn't know what had happened. 3965 02:20:26,100 --> 02:20:29,100 if it was a earthquake, if a 3966 02:20:29,100 --> 02:20:32,100 plane crashed, she ran outside, 3967 02:20:32,100 --> 02:20:34,100 didn't know what to do. 3968 02:20:34,100 --> 02:20:37,100 but, learned later it was from 3969 02:20:37,100 --> 02:20:38,100 the mines. 3970 02:20:38,100 --> 02:20:39,100 I say thank you, it isn't as 3971 02:20:39,100 --> 02:20:42,100 bad as it used to be, but we 3972 02:20:42,100 --> 02:20:45,601 have we remodeled our home two 3973 02:20:46,100 --> 02:20:47,100 years ago and have cracks 3974 02:20:47,100 --> 02:20:50,100 already in our new sheet rock. 3975 02:20:50,100 --> 02:20:51,100 each time there is a blast, we 3976 02:20:51,100 --> 02:20:53,100 have the knock down from the 3977 02:20:53,100 --> 02:20:55,100 ceiling comes down. 3978 02:20:55,100 --> 02:20:57,100 we know when there is was a 3979 02:20:57,100 --> 02:20:59,100 blast because we come home and 3980 02:20:59,100 --> 02:21:01,100 there are white flecks all over 3981 02:21:01,100 --> 02:21:02,100 the floor. 3982 02:21:02,100 --> 02:21:04,401 that is very annoying. 3983 02:21:05,100 --> 02:21:08,100 another thing, about the birm, 3984 02:21:10,100 --> 02:21:12,100 if you look at-I wish the map 3985 02:21:12,100 --> 02:21:14,100 was up, but there used to be 3986 02:21:14,100 --> 02:21:16,100 offices there is now a rock 3987 02:21:16,100 --> 02:21:17,100 birm there. 3988 02:21:17,100 --> 02:21:19,100 as I said, we moved from iowa 3989 02:21:19,100 --> 02:21:21,100 so we had a lot of friends come 3990 02:21:21,100 --> 02:21:24,100 see us, and we came driving 3991 02:21:24,100 --> 02:21:25,100 from east to west and our 3992 02:21:25,100 --> 02:21:28,100 friends said, what is that, 3993 02:21:29,100 --> 02:21:32,100 their words, ugly pile of rock 3994 02:21:32,100 --> 02:21:33,100 up there. 3995 02:21:33,100 --> 02:21:35,100 said, that is the quarry. 3996 02:21:35,100 --> 02:21:36,100 that is the birm so you dont 3997 02:21:36,100 --> 02:21:39,100 see what is going on. 3998 02:21:39,100 --> 02:21:42,100 it is a ugly birm. 3999 02:21:44,100 --> 02:21:45,100 I agree with what the last 4000 02:21:45,100 --> 02:21:48,100 speaker said, I dont want to be 4001 02:21:48,100 --> 02:21:49,100 in your shoes to make the 4002 02:21:49,100 --> 02:21:50,100 decision. 4003 02:21:50,100 --> 02:21:52,100 you have a tough decision. 4004 02:21:52,100 --> 02:21:53,100 at the same time, I feel sorry 4005 02:21:53,100 --> 02:21:56,100 for you as quarry people. 4006 02:21:57,100 --> 02:21:58,100 I am a small business owner 4007 02:21:58,100 --> 02:21:59,100 also. 4008 02:21:59,100 --> 02:22:01,100 I have been all my life. 4009 02:22:01,100 --> 02:22:04,100 we are in a changing world. 4010 02:22:04,100 --> 02:22:06,401 the world that-I farm. 4011 02:22:08,100 --> 02:22:10,100 the regulations we are 4012 02:22:10,100 --> 02:22:12,401 regulating ourselves to death. 4013 02:22:15,100 --> 02:22:16,100 I wish that happened to them as 4014 02:22:16,100 --> 02:22:18,100 last speaker said about the 4015 02:22:18,100 --> 02:22:19,100 dust. 4016 02:22:19,100 --> 02:22:22,601 ag with dust and corn and 4017 02:22:23,100 --> 02:22:26,601 soybeans, I am sell grain the 4018 02:22:28,100 --> 02:22:30,100 elevators are shut down just to 4019 02:22:30,100 --> 02:22:32,100 get rid of dust. 4020 02:22:32,100 --> 02:22:34,100 think about that. 4021 02:22:42,100 --> 02:22:44,100 as I said, we had doors on the 4022 02:22:44,100 --> 02:22:46,100 house that we can't close 4023 02:22:46,100 --> 02:22:48,100 because of the foundation has 4024 02:22:48,100 --> 02:22:50,100 shifted. 4025 02:22:53,100 --> 02:22:56,100 as I said, I feel sorry for 4026 02:22:56,100 --> 02:22:57,100 you. 4027 02:22:57,100 --> 02:22:59,100 you guys have a tough decision. 4028 02:22:59,100 --> 02:23:02,100 we are in a changing world. 4029 02:23:02,100 --> 02:23:04,100 the world around your quarry 4030 02:23:04,100 --> 02:23:06,100 has moved in. 4031 02:23:06,100 --> 02:23:10,100 one of us is going to move out. 4032 02:23:10,100 --> 02:23:11,100 all seriousness. 4033 02:23:11,100 --> 02:23:15,100 it is up to you guys to decide. 4034 02:23:15,100 --> 02:23:16,100 there is a lot of beautiful 4035 02:23:16,100 --> 02:23:19,100 homes up all around there. 4036 02:23:19,100 --> 02:23:21,100 this could be developed. 4037 02:23:21,100 --> 02:23:22,100 just because there is a quarry 4038 02:23:22,100 --> 02:23:25,601 there now, doesn't mean it has 4039 02:23:26,100 --> 02:23:28,100 to stay there. 4040 02:23:28,100 --> 02:23:29,100 just because there is a homes 4041 02:23:29,100 --> 02:23:31,100 there now, doesn't mean those 4042 02:23:31,100 --> 02:23:33,100 people have to stay there 4043 02:23:33,100 --> 02:23:35,100 either. 4044 02:23:37,100 --> 02:23:40,100 I'll close with this, as I 4045 02:23:40,100 --> 02:23:42,100 said, we came from iowa. 4046 02:23:42,100 --> 02:23:44,100 I farm in iowa and if you 4047 02:23:44,100 --> 02:23:45,100 remember hearing about the 4048 02:23:45,100 --> 02:23:47,100 dakota access pipeline that 4049 02:23:47,100 --> 02:23:50,100 came through iowa, from south 4050 02:23:50,100 --> 02:23:52,100 dakota, that went right through 4051 02:23:52,100 --> 02:23:54,100 our farm. 4052 02:23:54,100 --> 02:23:56,401 they promised us everything. 4053 02:23:57,100 --> 02:23:58,100 we are going to dig this in, we 4054 02:23:58,100 --> 02:24:00,100 are going to put the pipe in 4055 02:24:00,100 --> 02:24:02,100 and when we leave you won't 4056 02:24:02,100 --> 02:24:04,401 notice we were there. 4057 02:24:07,100 --> 02:24:09,100 my wife doesn't like this, but 4058 02:24:09,100 --> 02:24:12,100 this is my word, they raped our 4059 02:24:12,100 --> 02:24:14,100 soil. 4060 02:24:15,100 --> 02:24:17,100 300 feet wide this has been 4061 02:24:17,100 --> 02:24:19,100 over 10 years ago, you can 4062 02:24:19,100 --> 02:24:22,100 still see where they went 4063 02:24:22,100 --> 02:24:24,100 through. 4064 02:24:24,100 --> 02:24:25,100 the quarry can make great 4065 02:24:25,100 --> 02:24:27,100 promises, have great 4066 02:24:30,100 --> 02:24:31,100 intentions, but if nothing is 4067 02:24:31,100 --> 02:24:34,100 followed through on, and if you 4068 02:24:34,100 --> 02:24:37,100 don't answer to the public, it 4069 02:24:37,100 --> 02:24:39,100 is wasted words. 4070 02:24:40,100 --> 02:24:43,100 I pray you guys make the right 4071 02:24:43,100 --> 02:24:44,100 decision for all of us. 4072 02:24:44,100 --> 02:24:46,100 thank you. 4073 02:24:49,100 --> 02:24:50,100 >> katie slater followed by 4074 02:24:50,100 --> 02:24:52,100 lori quackenbush. 4075 02:24:53,100 --> 02:24:54,100 >> hi. 4076 02:24:54,100 --> 02:24:55,100 cathy slater. 4077 02:24:55,100 --> 02:24:59,201 I lived in lake side since late 4078 02:25:01,100 --> 02:25:03,100 1979 so a lot long time t. Is a 4079 02:25:03,100 --> 02:25:05,100 beautiful area and we love 4080 02:25:05,100 --> 02:25:06,100 living there. 4081 02:25:06,100 --> 02:25:09,100 we have dealt with the quarry 4082 02:25:09,100 --> 02:25:10,100 all most 40 years now with the 4083 02:25:10,100 --> 02:25:11,100 dust and blasting just like 4084 02:25:11,100 --> 02:25:13,100 everybody else said, we have 4085 02:25:13,100 --> 02:25:15,100 cracks in the sheet rock as 4086 02:25:15,100 --> 02:25:17,100 well as one in the foundation 4087 02:25:17,100 --> 02:25:18,100 too. 4088 02:25:18,100 --> 02:25:19,100 there is nothing about the 4089 02:25:19,100 --> 02:25:21,100 quarry that will benefit any of 4090 02:25:21,100 --> 02:25:23,100 our neighbors. 4091 02:25:23,100 --> 02:25:25,100 none in our neighborhood, like 4092 02:25:25,100 --> 02:25:28,601 stone, or oak run or prairie 4093 02:25:29,100 --> 02:25:30,100 highlands. 4094 02:25:30,100 --> 02:25:33,100 the dust and sound and 4095 02:25:33,100 --> 02:25:34,100 vibration travel a long way. 4096 02:25:34,100 --> 02:25:36,100 I appreciate what they said. 4097 02:25:36,100 --> 02:25:37,100 the quarry people. 4098 02:25:37,100 --> 02:25:39,100 but honesty, we lived with them 4099 02:25:39,100 --> 02:25:40,100 all these years and nothing has 4100 02:25:40,100 --> 02:25:42,100 been done to mitigate the 4101 02:25:42,100 --> 02:25:44,100 problem. 4102 02:25:44,100 --> 02:25:45,100 not the noise, not the dust or 4103 02:25:45,100 --> 02:25:47,100 anything, so it is hard for us 4104 02:25:47,100 --> 02:25:49,100 to really believe what they 4105 02:25:49,100 --> 02:25:50,100 say. 4106 02:25:50,100 --> 02:25:51,100 even though I'm sure they are 4107 02:25:51,100 --> 02:25:53,100 going to try 4108 02:25:53,100 --> 02:25:54,100 >> student do it, but we had 4109 02:25:54,100 --> 02:25:55,100 experience with them not 4110 02:25:55,100 --> 02:25:57,100 following through. 4111 02:25:57,100 --> 02:25:59,100 I know it is hard for you to 4112 02:25:59,100 --> 02:26:00,100 understand if you don't live in 4113 02:26:00,100 --> 02:26:02,100 any of these areas or anything 4114 02:26:02,100 --> 02:26:04,100 close to that, but I hope that 4115 02:26:04,100 --> 02:26:07,100 you will consider our quality 4116 02:26:07,100 --> 02:26:08,100 of life and also our property 4117 02:26:08,100 --> 02:26:11,100 values as you make the decision 4118 02:26:11,100 --> 02:26:12,100 and we appreciate you 4119 02:26:12,100 --> 02:26:13,100 listening. 4120 02:26:13,100 --> 02:26:14,100 thanks. 4121 02:26:14,100 --> 02:26:16,100 >> thank you, cathy. 4122 02:26:16,100 --> 02:26:19,100 lori followed by don thomas. 4123 02:26:19,100 --> 02:26:21,100 >> yes, lori. 4124 02:26:25,100 --> 02:26:27,100 pretty-sorry, I should wave my 4125 02:26:27,100 --> 02:26:29,100 right, but I really do want to 4126 02:26:29,100 --> 02:26:31,100 invite you all to go on a field 4127 02:26:31,100 --> 02:26:33,401 trip and seriously, please 4128 02:26:34,100 --> 02:26:35,100 drive out there, see what we 4129 02:26:35,100 --> 02:26:37,100 are seeing and living with 4130 02:26:37,100 --> 02:26:40,100 every day, because have any of 4131 02:26:40,100 --> 02:26:42,100 you been out there? 4132 02:26:42,100 --> 02:26:43,100 okay. 4133 02:26:43,100 --> 02:26:44,100 just a couple of you. 4134 02:26:44,100 --> 02:26:46,100 but you really all need to go 4135 02:26:46,100 --> 02:26:48,100 and maybe you'll see from our 4136 02:26:48,100 --> 02:26:50,100 point of view, because it is 4137 02:26:50,100 --> 02:26:51,100 awful. 4138 02:26:51,100 --> 02:26:52,100 we love living there. 4139 02:26:52,100 --> 02:26:54,100 we lived there since 1980 and 4140 02:26:54,100 --> 02:26:56,100 we have no plans on going 4141 02:26:56,100 --> 02:26:58,100 anywhere, we plan to die there, 4142 02:26:58,100 --> 02:27:00,100 which is kind of scary now that 4143 02:27:00,100 --> 02:27:02,401 I think about it. 4144 02:27:03,100 --> 02:27:04,100 I want to live long and don't 4145 02:27:04,100 --> 02:27:06,100 want to have all this dust and 4146 02:27:06,100 --> 02:27:09,100 crap we see and intake 4147 02:27:09,100 --> 02:27:11,100 shortening my life. 4148 02:27:11,100 --> 02:27:14,601 I don't have that many years 4149 02:27:15,100 --> 02:27:16,100 left, so please consider all 4150 02:27:16,100 --> 02:27:17,100 the homes, all the people 4151 02:27:17,100 --> 02:27:18,100 around. 4152 02:27:18,100 --> 02:27:20,100 thank you. 4153 02:27:20,100 --> 02:27:21,100 >> thank you lori. 4154 02:27:21,100 --> 02:27:23,100 don thomas. 4155 02:27:25,100 --> 02:27:27,100 cynthia peterson. 4156 02:27:28,100 --> 02:27:30,100 followed by steve-- 4157 02:27:36,100 --> 02:27:37,100 >> hi. 4158 02:27:37,100 --> 02:27:38,100 thank you for the opportunity. 4159 02:27:38,100 --> 02:27:40,100 I'm cindy peterson. 4160 02:27:44,100 --> 02:27:47,100 our house was built in 78, so 4161 02:27:47,100 --> 02:27:49,100 one of the earlier houses. 4162 02:27:49,100 --> 02:27:51,401 we lived there since 2004. 4163 02:27:53,100 --> 02:27:56,100 my parents we built an addition 4164 02:27:56,100 --> 02:27:58,100 on my dad was a architect and 4165 02:27:58,100 --> 02:27:59,100 would have loved this fight 4166 02:27:59,100 --> 02:28:02,100 with--he was a architect and 4167 02:28:02,100 --> 02:28:04,100 liked to engage and practice 4168 02:28:04,100 --> 02:28:07,601 law without a license, but if 4169 02:28:09,100 --> 02:28:10,100 you know him you know that is 4170 02:28:10,100 --> 02:28:11,100 true. 4171 02:28:11,100 --> 02:28:12,100 he probably appeared before you 4172 02:28:12,100 --> 02:28:15,601 guys at some point years ago. 4173 02:28:16,100 --> 02:28:18,100 and so, we knew the people who 4174 02:28:18,100 --> 02:28:21,100 we bought the house from warned 4175 02:28:21,100 --> 02:28:22,100 us about the quarry. 4176 02:28:22,100 --> 02:28:24,100 we thought, how bad can that 4177 02:28:24,100 --> 02:28:25,100 be? 4178 02:28:25,100 --> 02:28:26,100 we love the property and bought 4179 02:28:26,100 --> 02:28:27,100 the house and my dad designed 4180 02:28:27,100 --> 02:28:30,100 an addition for my parents to 4181 02:28:30,100 --> 02:28:34,801 live in by us and, but soon as 4182 02:28:35,100 --> 02:28:38,100 we moved in, we realized what 4183 02:28:38,100 --> 02:28:41,100 the problems were and I 4184 02:28:42,100 --> 02:28:43,100 don't--it is all the same 4185 02:28:43,100 --> 02:28:44,100 thing. 4186 02:28:44,100 --> 02:28:47,100 the blasting and the dust. 4187 02:28:48,100 --> 02:28:51,601 this afternoon my house is shut 4188 02:28:53,100 --> 02:28:55,100 up and air conditioning on and 4189 02:28:55,100 --> 02:28:56,100 I clean off the counter and I 4190 02:28:56,100 --> 02:28:58,100 come back two hours later and 4191 02:28:58,100 --> 02:29:01,100 there is a little grit on the 4192 02:29:01,100 --> 02:29:02,100 counter. 4193 02:29:02,100 --> 02:29:04,100 that is not with the windows 4194 02:29:04,100 --> 02:29:05,100 open. 4195 02:29:05,100 --> 02:29:07,100 the windows are open, how many 4196 02:29:07,100 --> 02:29:08,100 days do we have winds from the 4197 02:29:08,100 --> 02:29:10,100 south? 4198 02:29:11,100 --> 02:29:13,100 pretty good winds from the 4199 02:29:13,100 --> 02:29:14,100 south. 4200 02:29:14,100 --> 02:29:17,100 that's coming straight over the 4201 02:29:17,100 --> 02:29:19,100 quarry and straight into our 4202 02:29:19,100 --> 02:29:20,100 neighborhood. 4203 02:29:20,100 --> 02:29:21,100 so, they say, well we'll test 4204 02:29:21,100 --> 02:29:23,100 the winds and if it is too 4205 02:29:23,100 --> 02:29:24,100 windy we won't blast. 4206 02:29:24,100 --> 02:29:27,100 what do they mean by too windy 4207 02:29:27,100 --> 02:29:29,100 because it doesn't matter even 4208 02:29:29,100 --> 02:29:32,100 if it is a slight breeze, dust 4209 02:29:32,100 --> 02:29:34,100 everywhere. 4210 02:29:34,100 --> 02:29:37,100 now my grandson and his family 4211 02:29:37,100 --> 02:29:39,100 have moved in where my parents 4212 02:29:39,100 --> 02:29:40,100 lived. 4213 02:29:40,100 --> 02:29:42,100 they both passed and they have 4214 02:29:42,100 --> 02:29:45,601 a 22 month old and a 5 month 4215 02:29:46,100 --> 02:29:49,100 old, so we have our great grand 4216 02:29:49,100 --> 02:29:50,100 children there. 4217 02:29:50,100 --> 02:29:53,100 the 22 month old is developed a 4218 02:29:53,100 --> 02:29:56,100 cough that isn't related to 4219 02:29:56,100 --> 02:29:58,401 respiratory illness, so I'm 4220 02:30:02,100 --> 02:30:03,100 hoping it isn't related to the 4221 02:30:03,100 --> 02:30:05,100 dust, but I would say, we are 4222 02:30:05,100 --> 02:30:06,100 not planning on moving because 4223 02:30:06,100 --> 02:30:08,100 that, but it really does make 4224 02:30:08,100 --> 02:30:11,100 me think about their health 4225 02:30:11,100 --> 02:30:14,100 growing up, and we want to 4226 02:30:14,100 --> 02:30:15,100 protect them as much as 4227 02:30:15,100 --> 02:30:17,100 possible. 4228 02:30:17,100 --> 02:30:20,100 I figured that my opinion about 4229 02:30:20,100 --> 02:30:22,100 what will happen is it is done 4230 02:30:22,100 --> 02:30:25,601 deal, but I wanted to express 4231 02:30:26,100 --> 02:30:27,100 so you know people in the 4232 02:30:27,100 --> 02:30:29,401 neighborhoods that live around 4233 02:30:31,100 --> 02:30:32,100 there hopefully you will think 4234 02:30:32,100 --> 02:30:33,100 about your decision. 4235 02:30:33,100 --> 02:30:35,100 thank you. 4236 02:30:35,100 --> 02:30:37,100 >> thank you cynthia. 4237 02:30:38,100 --> 02:30:39,100 that is our final scheduled 4238 02:30:39,100 --> 02:30:41,100 speaker tonight. 4239 02:30:41,100 --> 02:30:43,100 do I have a motion to close the 4240 02:30:43,100 --> 02:30:45,100 public hearing? 4241 02:30:46,100 --> 02:30:47,100 >> I move we close the public 4242 02:30:47,100 --> 02:30:48,100 hearing. 4243 02:30:48,100 --> 02:30:49,100 >> thank you commissioner 4244 02:30:49,100 --> 02:30:50,100 brown. 4245 02:30:50,100 --> 02:30:51,100 second? 4246 02:30:51,100 --> 02:30:52,100 >> second. 4247 02:30:52,100 --> 02:30:53,100 >> thank you commissioner 4248 02:30:53,100 --> 02:30:54,100 terrones. 4249 02:30:54,100 --> 02:30:55,100 all in favor say aye. 4250 02:30:55,100 --> 02:30:56,100 opposed, nay. 4251 02:30:56,100 --> 02:30:57,100 the public hearing is now 4252 02:30:57,100 --> 02:30:58,100 closed. 4253 02:30:58,100 --> 02:31:00,100 commissioners, move to 4254 02:31:00,100 --> 02:31:01,100 additional discussion on this 4255 02:31:01,100 --> 02:31:03,100 item. 4256 02:31:04,100 --> 02:31:05,100 >> chair. 4257 02:31:05,100 --> 02:31:07,100 >> go ahead commissioner 4258 02:31:07,100 --> 02:31:09,100 terrones. 4259 02:31:10,100 --> 02:31:12,100 >> I live in west olathe, I 4260 02:31:12,100 --> 02:31:15,601 think couple years ago I wasn't 4261 02:31:18,100 --> 02:31:19,100 on the planning commission then 4262 02:31:19,100 --> 02:31:20,100 by the way, maybe three years 4263 02:31:20,100 --> 02:31:23,601 ago then, but gentlemen came to 4264 02:31:26,100 --> 02:31:27,100 our house all the neighborhood 4265 02:31:27,100 --> 02:31:30,601 and dropped off fliers and it 4266 02:31:31,100 --> 02:31:34,100 was a educational flier about 4267 02:31:34,100 --> 02:31:36,100 what was about to happen and 4268 02:31:36,100 --> 02:31:38,100 would be experiencing these 4269 02:31:38,100 --> 02:31:40,100 blasts, so I have experienced 4270 02:31:40,100 --> 02:31:44,201 the blasts and it is, you know, 4271 02:31:45,100 --> 02:31:48,100 and to be honest, it didn't 4272 02:31:48,100 --> 02:31:50,100 last long, but I do remember 4273 02:31:50,100 --> 02:31:54,100 the concern that I had as I am 4274 02:31:54,100 --> 02:31:56,100 pretty picky and there was 4275 02:31:56,100 --> 02:31:59,100 enough vibration in our home 4276 02:32:00,100 --> 02:32:02,100 and I was definitely concerned 4277 02:32:02,100 --> 02:32:04,100 about foundation issues and 4278 02:32:04,100 --> 02:32:05,100 cracks. 4279 02:32:05,100 --> 02:32:07,100 none that materialized, but 4280 02:32:07,100 --> 02:32:10,100 again, it was short-lived, but 4281 02:32:10,100 --> 02:32:13,100 I do remember hearing it a boom 4282 02:32:13,100 --> 02:32:16,100 sonic boom type and the whole 4283 02:32:16,100 --> 02:32:18,100 house we have a large house, 4284 02:32:18,100 --> 02:32:21,601 the whole house shook, and but 4285 02:32:23,100 --> 02:32:26,100 luckily we didn't see any-I did 4286 02:32:26,100 --> 02:32:29,100 go around looking for cracks in 4287 02:32:29,100 --> 02:32:31,100 the foundation, inside, outside 4288 02:32:31,100 --> 02:32:32,100 and nothing materialized that 4289 02:32:32,100 --> 02:32:34,100 I'm aware of. 4290 02:32:34,100 --> 02:32:35,100 from what I can see. 4291 02:32:35,100 --> 02:32:37,401 I sympathize with these 4292 02:32:38,100 --> 02:32:39,100 comments. 4293 02:32:39,100 --> 02:32:42,100 they are very moving and 4294 02:32:43,100 --> 02:32:44,100 heartfelt. 4295 02:32:44,100 --> 02:32:46,100 please know that whatever the 4296 02:32:46,100 --> 02:32:48,100 outcome is, it is just a 4297 02:32:48,100 --> 02:32:49,100 recommendation. 4298 02:32:49,100 --> 02:32:52,100 my colleagues have asked a lot 4299 02:32:52,100 --> 02:32:55,601 of good questions, and we are 4300 02:32:57,100 --> 02:32:58,100 not elected officials. 4301 02:32:58,100 --> 02:33:02,100 we listen and by the way, thank 4302 02:33:02,100 --> 02:33:03,100 you for your comments. 4303 02:33:03,100 --> 02:33:06,601 you are very well received, and 4304 02:33:08,100 --> 02:33:09,100 but it is just a 4305 02:33:09,100 --> 02:33:10,100 recommendation. 4306 02:33:10,100 --> 02:33:12,100 it is up to your city council 4307 02:33:12,100 --> 02:33:14,100 that they can add different 4308 02:33:14,100 --> 02:33:17,100 factors to what is in front of 4309 02:33:17,100 --> 02:33:18,100 them. 4310 02:33:18,100 --> 02:33:19,100 they could do a number of 4311 02:33:19,100 --> 02:33:23,100 things, so I want to thank you 4312 02:33:23,100 --> 02:33:24,100 and also want to take a minute 4313 02:33:24,100 --> 02:33:26,401 to thank the staff. 4314 02:33:27,100 --> 02:33:31,201 it was a lengthy report and you 4315 02:33:32,100 --> 02:33:34,100 look at this and sometimes have 4316 02:33:34,100 --> 02:33:37,100 to read it two or three times 4317 02:33:37,100 --> 02:33:40,100 to understand so I want to 4318 02:33:40,100 --> 02:33:41,100 thank the staff for the 4319 02:33:41,100 --> 02:33:43,100 detailed and information, 4320 02:33:43,100 --> 02:33:45,100 including the comments that we 4321 02:33:45,100 --> 02:33:47,401 received from the public. 4322 02:33:48,100 --> 02:33:49,100 I want to thank you. 4323 02:33:49,100 --> 02:33:51,100 thank you mr. Chair. 4324 02:33:51,100 --> 02:33:52,100 >> thank you commissioner 4325 02:33:52,100 --> 02:33:54,100 terrones. 4326 02:33:54,100 --> 02:33:55,100 commissioner bergida. 4327 02:33:55,100 --> 02:33:57,100 >> thank you mr. Chairman. 4328 02:33:57,100 --> 02:33:59,100 all those that extended invites 4329 02:33:59,100 --> 02:34:01,100 to us to come visit your 4330 02:34:01,100 --> 02:34:02,100 neighborhood, I would extend 4331 02:34:02,100 --> 02:34:05,100 that to city council, because 4332 02:34:05,100 --> 02:34:08,100 as a commissioner terrones said 4333 02:34:08,100 --> 02:34:10,100 ultimately they have the final 4334 02:34:10,100 --> 02:34:11,100 decision. 4335 02:34:11,100 --> 02:34:12,100 I did have another question for 4336 02:34:12,100 --> 02:34:14,401 the applicant regarding the 4337 02:34:16,100 --> 02:34:17,100 setback. 4338 02:34:17,100 --> 02:34:20,100 mainly, if we were to propose a 4339 02:34:20,100 --> 02:34:22,100 amendment so the setback 4340 02:34:22,100 --> 02:34:24,401 matched existing site, so 4341 02:34:28,100 --> 02:34:30,100 whatever that calculation is, 4342 02:34:30,100 --> 02:34:32,401 whether it's an additional 300 4343 02:34:34,100 --> 02:34:36,100 feet and then put the same spot 4344 02:34:36,100 --> 02:34:39,100 for the underground blasting as 4345 02:34:40,100 --> 02:34:42,100 well, would that be amenable or 4346 02:34:42,100 --> 02:34:44,100 would the applicant be open to 4347 02:34:44,100 --> 02:34:45,100 that? 4348 02:34:45,100 --> 02:34:46,100 >> commissioner, we worked a 4349 02:34:46,100 --> 02:34:48,100 long time on the dimensions and 4350 02:34:48,100 --> 02:34:50,100 I say, we went a thousand 4351 02:34:50,100 --> 02:34:53,601 feet,er which is currents udo 4352 02:34:55,100 --> 02:34:56,100 which is existing quarry. 4353 02:34:56,100 --> 02:34:57,100 which is hard. 4354 02:34:57,100 --> 02:34:59,100 that is lot of rock left there, 4355 02:34:59,100 --> 02:35:00,100 but we thought it was the right 4356 02:35:00,100 --> 02:35:03,100 thing to and meet currents udo 4357 02:35:03,100 --> 02:35:05,100 and underground is underground 4358 02:35:05,100 --> 02:35:07,100 and we need the extent that the 4359 02:35:07,100 --> 02:35:09,100 200 foot setback. 4360 02:35:09,100 --> 02:35:11,100 we are going 3 and 400 feet. 4361 02:35:11,100 --> 02:35:12,100 >> so that would be a no? 4362 02:35:12,100 --> 02:35:14,100 >> right. 4363 02:35:15,100 --> 02:35:17,100 >> thank you. 4364 02:35:17,100 --> 02:35:18,100 >> any additional questions? 4365 02:35:18,100 --> 02:35:20,100 commissioner chapman. 4366 02:35:20,100 --> 02:35:22,100 >> thank you chair. 4367 02:35:22,100 --> 02:35:25,100 I very much appreciate all the 4368 02:35:25,100 --> 02:35:27,100 comments by our citizens and I 4369 02:35:27,100 --> 02:35:29,100 believe they have some 4370 02:35:29,100 --> 02:35:31,100 legitimate concerns, which I do 4371 02:35:31,100 --> 02:35:33,100 believe like my colleagues they 4372 02:35:33,100 --> 02:35:35,100 should bring these before city 4373 02:35:35,100 --> 02:35:36,100 council. 4374 02:35:36,100 --> 02:35:39,100 however, our job at planning 4375 02:35:43,100 --> 02:35:45,100 commission is do the proposals, 4376 02:35:45,100 --> 02:35:46,100 any proposal, do they conform 4377 02:35:46,100 --> 02:35:48,100 to our comprehensive plan and 4378 02:35:48,100 --> 02:35:49,100 our unified development 4379 02:35:49,100 --> 02:35:51,100 ordinance. 4380 02:35:51,100 --> 02:35:53,100 as they are proposed, staff 4381 02:35:53,100 --> 02:35:55,401 recommends believes they do. 4382 02:35:58,100 --> 02:36:00,100 whether or not, if this special 4383 02:36:00,100 --> 02:36:02,100 use permit is ultimately 4384 02:36:02,100 --> 02:36:05,100 granted, I am wondering if 4385 02:36:05,100 --> 02:36:07,100 perhaps part of the agreement 4386 02:36:07,100 --> 02:36:09,100 should be that perhaps there 4387 02:36:09,100 --> 02:36:11,100 should be annual report that is 4388 02:36:11,100 --> 02:36:13,100 more then a annual report. 4389 02:36:13,100 --> 02:36:14,100 perhaps it should be a 4390 02:36:14,100 --> 02:36:16,401 quarterly or semi-annual report 4391 02:36:17,100 --> 02:36:18,100 to be sure that whatever 4392 02:36:18,100 --> 02:36:21,100 stipulations have been put in 4393 02:36:21,100 --> 02:36:22,100 place that in fact they are 4394 02:36:22,100 --> 02:36:24,100 being adhered to. 4395 02:36:24,100 --> 02:36:26,100 I do have one question for the 4396 02:36:26,100 --> 02:36:28,100 applicant again, if you don't 4397 02:36:28,100 --> 02:36:30,100 mind. 4398 02:36:33,100 --> 02:36:35,100 mr. Peterson you mentioned 4399 02:36:35,100 --> 02:36:37,100 earlier that you are going to 4400 02:36:37,100 --> 02:36:40,100 be putting improvement into the 4401 02:36:41,100 --> 02:36:43,401 current dust mitigation system 4402 02:36:45,100 --> 02:36:46,100 there? 4403 02:36:46,100 --> 02:36:47,100 >> that is right. 4404 02:36:47,100 --> 02:36:48,100 >> what is the expecting 4405 02:36:48,100 --> 02:36:50,100 benefit that will be achieved 4406 02:36:50,100 --> 02:36:52,401 by adding these improvements? 4407 02:36:53,100 --> 02:36:55,100 >> so, from a qualitative 4408 02:36:55,100 --> 02:36:57,100 perspective I pick on the one I 4409 02:36:57,100 --> 02:36:59,100 found most compelling, 4410 02:36:59,100 --> 02:37:01,100 multifaceted, but the transfer 4411 02:37:01,100 --> 02:37:02,100 points where the rock drops 4412 02:37:02,100 --> 02:37:05,601 down and creates the most dust, 4413 02:37:07,100 --> 02:37:09,100 what we are looking at is 4414 02:37:09,100 --> 02:37:11,100 enclosing the transfer points. 4415 02:37:11,100 --> 02:37:14,100 dust comes up and enclosed and 4416 02:37:14,100 --> 02:37:16,100 contained u so that is a 4417 02:37:16,100 --> 02:37:17,100 qualitative answer without 4418 02:37:17,100 --> 02:37:19,100 going through the process we go 4419 02:37:19,100 --> 02:37:20,100 through at the national vendors 4420 02:37:20,100 --> 02:37:23,100 coming to help with the 4421 02:37:23,100 --> 02:37:24,100 improvements. 4422 02:37:24,100 --> 02:37:27,100 that hopefully gives a tangible 4423 02:37:27,100 --> 02:37:28,100 feel. 4424 02:37:28,100 --> 02:37:31,100 that is a major change. 4425 02:37:31,100 --> 02:37:32,100 crushers is biggest dust 4426 02:37:32,100 --> 02:37:34,100 producer and the biggest part 4427 02:37:34,100 --> 02:37:36,100 of the crusher that produces 4428 02:37:36,100 --> 02:37:37,100 dust are the transfer points. 4429 02:37:37,100 --> 02:37:39,100 the primary transfer points 4430 02:37:39,100 --> 02:37:40,100 looking to totally contain 4431 02:37:40,100 --> 02:37:43,100 those, which is super effective 4432 02:37:43,100 --> 02:37:44,100 for dust mitigation. 4433 02:37:44,100 --> 02:37:46,100 >> when they are presenting to 4434 02:37:46,100 --> 02:37:48,100 you their plan for dust 4435 02:37:48,100 --> 02:37:50,100 mitigation, what do they tell 4436 02:37:50,100 --> 02:37:51,100 you it will do? 4437 02:37:51,100 --> 02:37:53,100 do they give you percentages of 4438 02:37:53,100 --> 02:37:54,100 reduction? 4439 02:37:54,100 --> 02:37:55,100 is there anything you can hang 4440 02:37:55,100 --> 02:37:58,100 your hat on with regards to-you 4441 02:37:58,100 --> 02:38:01,100 can expect to see 50 percent 4442 02:38:01,100 --> 02:38:03,401 decrease in dust pollution? 4443 02:38:04,100 --> 02:38:06,401 >> this is the quantitative 4444 02:38:08,100 --> 02:38:10,100 back and forth with we could 4445 02:38:10,100 --> 02:38:12,401 honesty hypothesize and give 4446 02:38:14,100 --> 02:38:15,100 percentage, but we talked to 4447 02:38:15,100 --> 02:38:17,100 neighbors about this. 4448 02:38:18,100 --> 02:38:21,100 it isn't that clear but we can 4449 02:38:21,100 --> 02:38:23,100 have a baseline and test 4450 02:38:23,100 --> 02:38:25,100 afterwards and what we are told 4451 02:38:25,100 --> 02:38:27,100 is, by the experts there will 4452 02:38:27,100 --> 02:38:30,100 be a remarkable difference, but 4453 02:38:32,100 --> 02:38:34,100 no one is ready to assign a 4454 02:38:34,100 --> 02:38:36,100 percentage to it:I wish I had 4455 02:38:36,100 --> 02:38:37,100 one for you. 4456 02:38:37,100 --> 02:38:38,100 >> one final question, how long 4457 02:38:38,100 --> 02:38:40,401 have the improvements been 4458 02:38:41,100 --> 02:38:42,100 available to you? 4459 02:38:42,100 --> 02:38:44,100 >> I don't think any of the 4460 02:38:44,100 --> 02:38:46,100 technology is brand new. 4461 02:38:46,100 --> 02:38:48,100 they are constantly upping the 4462 02:38:48,100 --> 02:38:50,100 standards and we agreed every 4463 02:38:50,100 --> 02:38:52,100 time we do improvements we make 4464 02:38:52,100 --> 02:38:54,100 sure all improvements meet the 4465 02:38:54,100 --> 02:38:57,100 latest standards but it is 4466 02:38:58,100 --> 02:38:59,100 wrong to say anything we are 4467 02:38:59,100 --> 02:39:01,100 talking about was invented 4468 02:39:01,100 --> 02:39:02,100 yesterday but end of the day we 4469 02:39:02,100 --> 02:39:03,100 are committed day one meeting 4470 02:39:03,100 --> 02:39:06,100 all requirements, but this is 4471 02:39:07,100 --> 02:39:08,100 extraordinary what we are 4472 02:39:08,100 --> 02:39:10,100 proposing now in exchange for a 4473 02:39:10,100 --> 02:39:12,100 sup as the bottom line. 4474 02:39:12,100 --> 02:39:13,100 >> thank you. 4475 02:39:13,100 --> 02:39:14,100 >> yes, sir. 4476 02:39:14,100 --> 02:39:16,401 >> stay there mr. Peterson. 4477 02:39:18,100 --> 02:39:19,100 any additional? 4478 02:39:19,100 --> 02:39:22,100 just a couple quick ones. 4479 02:39:24,100 --> 02:39:27,100 as far as dust control 4480 02:39:27,100 --> 02:39:28,100 technology, how would you 4481 02:39:28,100 --> 02:39:30,100 contrast what was in place in 4482 02:39:30,100 --> 02:39:32,100 1976 versus what we are doing 4483 02:39:32,100 --> 02:39:33,100 now? 4484 02:39:33,100 --> 02:39:35,100 what is the level of change in 4485 02:39:35,100 --> 02:39:37,100 that and what is anticipated in 4486 02:39:37,100 --> 02:39:38,100 the future? 4487 02:39:38,100 --> 02:39:41,100 >> do you have deep specific 4488 02:39:41,100 --> 02:39:42,100 explanation? 4489 02:39:42,100 --> 02:39:45,100 I know the high level, but I 4490 02:39:45,100 --> 02:39:48,100 invite you-I know we talked 4491 02:39:48,100 --> 02:39:50,100 about a lot that technology 4492 02:39:50,100 --> 02:39:52,100 increasingly is better like our 4493 02:39:52,100 --> 02:39:55,100 computer our phone or cars. 4494 02:39:55,100 --> 02:39:56,100 everything. 4495 02:39:56,100 --> 02:39:58,100 but, I don't-if you do you can 4496 02:39:58,100 --> 02:40:00,100 say it, but if not--this is dan 4497 02:40:00,100 --> 02:40:02,401 jones again introduced early 4498 02:40:03,100 --> 02:40:04,100 on. 4499 02:40:04,100 --> 02:40:05,100 >> not opposed to high level. 4500 02:40:05,100 --> 02:40:06,100 just trying to get a idea. 4501 02:40:06,100 --> 02:40:08,100 >> I don't want to gyp on the 4502 02:40:08,100 --> 02:40:09,100 question. 4503 02:40:09,100 --> 02:40:11,100 >> it is obviously a continual 4504 02:40:11,100 --> 02:40:13,100 problem. 4505 02:40:13,100 --> 02:40:15,100 >> dan jones. 4506 02:40:15,100 --> 02:40:17,100 8014 northwest. 4507 02:40:19,100 --> 02:40:21,100 missouri, 64152. 4508 02:40:22,100 --> 02:40:24,401 1976 they didn't use dust 4509 02:40:25,100 --> 02:40:27,100 control. 4510 02:40:27,100 --> 02:40:30,100 and, kurt talked about transfer 4511 02:40:31,100 --> 02:40:33,100 points but there is wet 4512 02:40:33,100 --> 02:40:35,100 suppression, nozzle technology 4513 02:40:35,100 --> 02:40:39,100 for spray bars, used to be you 4514 02:40:39,100 --> 02:40:41,100 drain water using hoses or 4515 02:40:41,100 --> 02:40:43,100 piping hoses to come to piping 4516 02:40:43,100 --> 02:40:45,100 and drill holes in the pipes 4517 02:40:45,100 --> 02:40:46,100 and it drops water on there. 4518 02:40:46,100 --> 02:40:49,100 now there are spray nozzles, 4519 02:40:50,100 --> 02:40:52,100 particle size, the different 4520 02:40:52,100 --> 02:40:54,100 dust particles are attracted so 4521 02:40:54,100 --> 02:40:57,601 if you have a smaller water 4522 02:40:59,100 --> 02:41:00,100 molecule it attracts the dust 4523 02:41:00,100 --> 02:41:02,100 molecule and adhere to and drop 4524 02:41:02,100 --> 02:41:04,100 it out. 4525 02:41:04,100 --> 02:41:07,100 and then the second huge part 4526 02:41:07,100 --> 02:41:08,100 about it is all the paving we 4527 02:41:08,100 --> 02:41:09,100 are doing. 4528 02:41:09,100 --> 02:41:10,100 the trucks kick up a huge 4529 02:41:10,100 --> 02:41:13,100 amount of dust and we water the 4530 02:41:13,100 --> 02:41:14,100 roads, we put 80 thousand 4531 02:41:14,100 --> 02:41:16,100 gallons of water on the road a 4532 02:41:16,100 --> 02:41:19,100 day currently, and then the 4533 02:41:19,100 --> 02:41:21,100 trucks track it out on 159 4534 02:41:21,100 --> 02:41:23,100 street that mud comes off, it 4535 02:41:23,100 --> 02:41:25,100 dries and then they drive over 4536 02:41:25,100 --> 02:41:28,100 it and creates more dust. 4537 02:41:28,100 --> 02:41:31,601 it is multi-faceted what we are 4538 02:41:32,100 --> 02:41:35,100 planning on doing, and the 4539 02:41:35,100 --> 02:41:37,100 enclosure of transfer points is 4540 02:41:37,100 --> 02:41:38,100 going to be significant. 4541 02:41:38,100 --> 02:41:40,100 the addition of the updated 4542 02:41:40,100 --> 02:41:42,100 technology on the spray bars 4543 02:41:42,100 --> 02:41:44,100 and spray nozzles in different 4544 02:41:44,100 --> 02:41:46,401 locations of the plant, 4545 02:41:47,100 --> 02:41:48,100 significant. 4546 02:41:48,100 --> 02:41:49,100 paving and doing the sweeping 4547 02:41:49,100 --> 02:41:51,100 and mud control devices to keep 4548 02:41:51,100 --> 02:41:54,100 that stuff from getting on 159. 4549 02:41:54,100 --> 02:41:56,100 remember we are one operator of 4550 02:41:56,100 --> 02:41:58,100 multiple operators that are on 4551 02:41:58,100 --> 02:42:01,100 159, but doing those things is 4552 02:42:01,100 --> 02:42:03,100 going to significantly reduce 4553 02:42:03,100 --> 02:42:04,100 the dust. 4554 02:42:04,100 --> 02:42:06,100 the paving will reduce a 4555 02:42:06,100 --> 02:42:08,401 significant amount created away 4556 02:42:10,100 --> 02:42:11,100 from the crusher the winds from 4557 02:42:11,100 --> 02:42:14,100 the south pick up and blow. 4558 02:42:14,100 --> 02:42:16,100 >> thank you, dan. 4559 02:42:17,100 --> 02:42:19,100 commissioner-- 4560 02:42:19,100 --> 02:42:22,100 >> there is a lot of issues 4561 02:42:22,100 --> 02:42:23,100 involved with this obviously. 4562 02:42:23,100 --> 02:42:26,100 we have dust and vibration, 4563 02:42:27,100 --> 02:42:30,100 health, sheet rock and other 4564 02:42:31,100 --> 02:42:33,100 things we heard about. 4565 02:42:33,100 --> 02:42:36,100 I am understanding of all of 4566 02:42:36,100 --> 02:42:37,100 it. 4567 02:42:37,100 --> 02:42:38,100 we had this information since 4568 02:42:38,100 --> 02:42:41,100 last thursday evening is all. 4569 02:42:43,100 --> 02:42:44,100 the planning commission deals 4570 02:42:44,100 --> 02:42:46,401 with land use issues. 4571 02:42:48,100 --> 02:42:49,100 rather then a lot of issues 4572 02:42:49,100 --> 02:42:51,100 brought up tonight. 4573 02:42:52,100 --> 02:42:55,100 we had it just since last 4574 02:42:55,100 --> 02:42:57,100 thursday, we have a very 4575 02:42:57,100 --> 02:42:58,100 competent planning staff 4576 02:42:58,100 --> 02:43:00,100 dealing with this apparently 4577 02:43:00,100 --> 02:43:02,100 for many months and studying 4578 02:43:02,100 --> 02:43:04,100 it. 4579 02:43:07,100 --> 02:43:08,100 what is already said from three 4580 02:43:08,100 --> 02:43:10,401 other commissioners here, this 4581 02:43:12,100 --> 02:43:14,100 is ultimately up to the city 4582 02:43:14,100 --> 02:43:15,100 council that can deal with 4583 02:43:15,100 --> 02:43:17,100 those issues, rather then just 4584 02:43:17,100 --> 02:43:19,100 the land use issues. 4585 02:43:19,100 --> 02:43:22,100 so, because that, because it is 4586 02:43:22,100 --> 02:43:24,100 land use issue and not we don't 4587 02:43:24,100 --> 02:43:26,100 deal with health issues or 4588 02:43:26,100 --> 02:43:28,100 vibrations here, I have to 4589 02:43:28,100 --> 02:43:29,100 differ to our staff 4590 02:43:29,100 --> 02:43:31,401 recommendation and support this 4591 02:43:32,100 --> 02:43:34,100 ultimately. 4592 02:43:35,100 --> 02:43:37,100 >> commissioner seeling. 4593 02:43:37,100 --> 02:43:40,100 >> I will never say as 4594 02:43:40,100 --> 02:43:42,100 eloquently as others, but I 4595 02:43:42,100 --> 02:43:43,100 want to recognize folks that 4596 02:43:43,100 --> 02:43:45,100 come and speak at commission 4597 02:43:45,100 --> 02:43:47,100 meetings and exercise your 4598 02:43:47,100 --> 02:43:49,100 right to engage city staff and 4599 02:43:49,100 --> 02:43:50,100 planning commission and 4600 02:43:50,100 --> 02:43:51,100 ultimately your city council, 4601 02:43:51,100 --> 02:43:53,100 so thank you all for being here 4602 02:43:53,100 --> 02:43:54,100 tonight for that. 4603 02:43:54,100 --> 02:43:57,100 I am sympathetic to all our 4604 02:43:57,100 --> 02:43:58,100 concerns with dust and your 4605 02:43:58,100 --> 02:44:00,100 property and your health and 4606 02:44:00,100 --> 02:44:02,100 all of the things you mentioned 4607 02:44:02,100 --> 02:44:03,100 tonight. 4608 02:44:03,100 --> 02:44:06,100 we had probably 225 pages or so 4609 02:44:06,100 --> 02:44:08,100 of material we read that we had 4610 02:44:08,100 --> 02:44:11,100 since thursday, and so it was a 4611 02:44:11,100 --> 02:44:12,100 quick read and quick 4612 02:44:12,100 --> 02:44:13,100 understanding of what is going 4613 02:44:13,100 --> 02:44:15,100 on, but you all should know 4614 02:44:15,100 --> 02:44:17,100 city staff works on this stuff 4615 02:44:17,100 --> 02:44:19,100 for months engaging with the 4616 02:44:19,100 --> 02:44:21,100 applicant and I think they have 4617 02:44:21,100 --> 02:44:23,100 put together a long list of 4618 02:44:23,100 --> 02:44:25,100 stipulations that will 4619 02:44:26,100 --> 02:44:28,100 ultimately not solve your 4620 02:44:28,100 --> 02:44:30,100 problems, but improve current 4621 02:44:30,100 --> 02:44:32,100 conditions with the paving of 4622 02:44:32,100 --> 02:44:35,100 the road and the rock crusher, 4623 02:44:35,100 --> 02:44:37,100 dust control I think all that 4624 02:44:37,100 --> 02:44:40,100 will ultimately help with the 4625 02:44:40,100 --> 02:44:42,100 issues you are facing. 4626 02:44:42,100 --> 02:44:43,100 as a planning commission, we 4627 02:44:43,100 --> 02:44:45,100 have a very narrow scope what 4628 02:44:45,100 --> 02:44:46,100 we can look at. 4629 02:44:46,100 --> 02:44:48,100 your city council has a broader 4630 02:44:48,100 --> 02:44:50,100 scope and I would encourage 4631 02:44:50,100 --> 02:44:52,100 those of you that still have 4632 02:44:52,100 --> 02:44:54,401 concerns to engage city 4633 02:44:55,100 --> 02:44:56,100 council. 4634 02:44:56,100 --> 02:44:57,100 they can take a lot more action 4635 02:44:57,100 --> 02:44:59,100 then what we can take, like 4636 02:44:59,100 --> 02:45:01,100 commissioner said earlier. 4637 02:45:02,100 --> 02:45:03,100 this is a land use issue and 4638 02:45:03,100 --> 02:45:04,100 that is the limited scope we 4639 02:45:04,100 --> 02:45:07,100 are allowed to look at, so I am 4640 02:45:07,100 --> 02:45:09,100 in support of this measure and 4641 02:45:09,100 --> 02:45:10,100 will be voting in favor of it 4642 02:45:10,100 --> 02:45:12,100 and I would encourage those out 4643 02:45:12,100 --> 02:45:15,100 there to please engage your 4644 02:45:16,100 --> 02:45:18,100 city council if you have 4645 02:45:18,100 --> 02:45:19,100 additional concerns. 4646 02:45:19,100 --> 02:45:20,100 thank you. 4647 02:45:20,100 --> 02:45:21,100 >> commissioner lynn. 4648 02:45:21,100 --> 02:45:22,100 >> thank you, mr. Chair. 4649 02:45:22,100 --> 02:45:24,100 I really appreciate the forward 4650 02:45:24,100 --> 02:45:26,100 thinking that we do as a city 4651 02:45:26,100 --> 02:45:29,100 to keep areas of our city set 4652 02:45:29,100 --> 02:45:31,100 aside for neighborhood 4653 02:45:31,100 --> 02:45:32,100 commercial. 4654 02:45:32,100 --> 02:45:33,100 I really think that is a better 4655 02:45:33,100 --> 02:45:35,100 use for this. 4656 02:45:37,100 --> 02:45:40,100 more importantly though, I do 4657 02:45:40,100 --> 02:45:41,100 think because of the health 4658 02:45:41,100 --> 02:45:42,100 concerns and I realize it is a 4659 02:45:42,100 --> 02:45:45,100 land use, but as someone else 4660 02:45:45,100 --> 02:45:46,100 stated earlier, the citizen 4661 02:45:46,100 --> 02:45:47,100 standards are different from 4662 02:45:47,100 --> 02:45:49,100 industry standards, and I think 4663 02:45:49,100 --> 02:45:52,100 is about what you can't see. 4664 02:45:52,100 --> 02:45:54,100 not about the dust on the cars 4665 02:45:54,100 --> 02:45:56,100 or the dust you have to do 4666 02:45:56,100 --> 02:45:57,100 inside the house, it is dust 4667 02:45:57,100 --> 02:46:00,601 settling inside the lungs and I 4668 02:46:01,100 --> 02:46:02,100 can't be in favor of something 4669 02:46:02,100 --> 02:46:04,100 that could potentially hurt our 4670 02:46:04,100 --> 02:46:08,201 fellow olathens so I will be a 4671 02:46:12,100 --> 02:46:13,100 no. 4672 02:46:13,100 --> 02:46:14,100 >> anyone else? 4673 02:46:14,100 --> 02:46:16,100 couple quick questions for 4674 02:46:16,100 --> 02:46:17,100 staff before we move to a vote 4675 02:46:17,100 --> 02:46:18,100 on this. 4676 02:46:18,100 --> 02:46:20,100 so, first of all, I don't know 4677 02:46:20,100 --> 02:46:23,100 whether nathan or--is there a 4678 02:46:24,100 --> 02:46:27,100 current anything on the cip 4679 02:46:27,100 --> 02:46:29,100 regarding improvements to 151 4680 02:46:29,100 --> 02:46:31,100 street? 4681 02:46:31,100 --> 02:46:33,100 >> there is not anything in the 4682 02:46:33,100 --> 02:46:35,401 5 year cip on 151 street. 4683 02:46:36,100 --> 02:46:37,100 >> okay. 4684 02:46:37,100 --> 02:46:40,601 so, based on what we are 4685 02:46:41,100 --> 02:46:42,100 dealing with right here, 4686 02:46:42,100 --> 02:46:44,100 obviously the council will be 4687 02:46:44,100 --> 02:46:48,100 the final say on this, is there 4688 02:46:48,100 --> 02:46:49,100 any scenario where these 4689 02:46:49,100 --> 02:46:51,100 actions would lead to the 4690 02:46:51,100 --> 02:46:53,100 quarry ceasing operation? 4691 02:46:57,100 --> 02:46:59,100 >> sorry, chief community 4692 02:46:59,100 --> 02:47:01,100 development officer. 4693 02:47:02,100 --> 02:47:04,100 there is always a process for 4694 02:47:04,100 --> 02:47:06,100 revoking special use permit if 4695 02:47:06,100 --> 02:47:08,401 there's gross violations, so 4696 02:47:09,100 --> 02:47:11,100 that could be enacted any time. 4697 02:47:11,100 --> 02:47:13,100 >> okay. 4698 02:47:15,100 --> 02:47:16,100 alright. 4699 02:47:16,100 --> 02:47:18,401 any other further discussion? 4700 02:47:19,100 --> 02:47:20,100 commissioner bergida. 4701 02:47:20,100 --> 02:47:22,100 >> thank you, mr. Chairman. 4702 02:47:22,100 --> 02:47:24,100 if I could take my vote I'm 4703 02:47:24,100 --> 02:47:27,100 about to make and last vote I 4704 02:47:27,100 --> 02:47:28,100 made and switch them I would 4705 02:47:28,100 --> 02:47:31,100 and on this one, I try to get 4706 02:47:31,100 --> 02:47:34,100 to a yes, but for similar 4707 02:47:34,100 --> 02:47:36,401 concerns that have been 4708 02:47:39,100 --> 02:47:40,100 expressed, if it was the same 4709 02:47:40,100 --> 02:47:42,100 already been there, it is 4710 02:47:42,100 --> 02:47:43,100 already there. 4711 02:47:43,100 --> 02:47:45,100 but because it will be moving 4712 02:47:45,100 --> 02:47:47,100 closer I will also be voting 4713 02:47:47,100 --> 02:47:48,100 no. 4714 02:47:48,100 --> 02:47:50,100 (applause) 4715 02:47:51,100 --> 02:47:53,100 >> anyone else? 4716 02:47:54,100 --> 02:47:57,100 if not, may I have a motion on 4717 02:47:57,100 --> 02:47:59,100 su26-0007? 4718 02:48:03,100 --> 02:48:05,100 >> mr. Chair, make a motion 4719 02:48:05,100 --> 02:48:08,601 that we approve su26-0007 as 4720 02:48:18,100 --> 02:48:20,100 stipulated by staff. 4721 02:48:21,100 --> 02:48:22,100 >> thank you commissioner 4722 02:48:22,100 --> 02:48:23,100 terrones. 4723 02:48:23,100 --> 02:48:24,100 do I have a second? 4724 02:48:24,100 --> 02:48:25,100 >> second. 4725 02:48:25,100 --> 02:48:26,100 >> thank you commissioner 4726 02:48:26,100 --> 02:48:27,100 chapman. 4727 02:48:27,100 --> 02:48:28,100 mrs. Will, please take a roll 4728 02:48:28,100 --> 02:48:30,100 call vote. 4729 02:48:31,100 --> 02:48:33,100 >> commissioner corcoran, yes. 4730 02:48:33,100 --> 02:48:35,100 commissioner brown, yes. 4731 02:48:35,100 --> 02:48:37,100 commissioner terrones, yes. 4732 02:48:38,100 --> 02:48:40,100 commissioner bergida, no. 4733 02:48:40,100 --> 02:48:42,100 commissioner chapman, yes. 4734 02:48:42,100 --> 02:48:44,100 commissioner seeling, yes. 4735 02:48:45,100 --> 02:48:47,100 commissioner lynn, no. 4736 02:48:48,100 --> 02:48:50,100 chair janner, yes. 4737 02:48:51,100 --> 02:48:53,401 that motion passes 6-2. 4738 02:48:55,100 --> 02:48:56,100 >> move forward to 4739 02:48:56,100 --> 02:48:57,100 announcement. 4740 02:48:57,100 --> 02:48:58,100 city staff you have anything 4741 02:48:58,100 --> 02:48:59,100 this evening? 4742 02:48:59,100 --> 02:49:00,100 >> none this evening. 4743 02:49:00,100 --> 02:49:01,100 thank you. 4744 02:49:01,100 --> 02:49:02,100 >> alright. 4745 02:49:02,100 --> 02:49:04,100 based on that, this meeting is 4746 02:49:04,100 --> 02:49:05,100 hereby adjourned. 4747 02:49:05,100 --> 02:49:06,100 thank you for being here this 4748 02:49:06,100 --> 02:49:07,100 evening. 4749 02:49:07,100 --> 02:49:09,100 [meeting adjourned]