MINUTES Board of Commissioners 9:00 AM - Tuesday, August 27, 2019
Commission Room, 1st Floor
1. CALL TO ORDER The Board of Harvey County Commissioners met in regular session on August 27, 2019 with Commissioner George 'Chip' Westfall, Commissioner Randy Hague, and Commissioner Ron Krehbiel present. Chairman Westfall called the meeting to order at 9:00 a.m.
2. CONSIDER ADDITIONS TO THE AGENDA
3. COMMISSIONER COMMENTS, COMMITTEE REPORTS AND CALENDAR ITEMS Commissioner Westfall reported that he attended a KAC legislative policy committee meeting last week. He stated that the KAC expects legislative action on bills regarding escrow of payments under protest and electing appraisers. The commission offered condolences to Gina Bell, Planning, Zoning & Environmental Director, and her family for the passing of her mother last week.
3.1 Commissioner Krehbiel is scheduled to attend a Harvey/McPherson County Community Corrections meeting at noon tomorrow, August 28, in Judge Dickinson’s chambers. The Farm Bureau dinner is scheduled for October 21. Commission Calendar
4. CONSIDER APPROVAL OF MINUTES 4.1 Board of Commissioners - Aug 20 2019 Randy Hague made a motion to approve the minutes as presented. Ron Krehbiel seconded the motion. Motion passed unanimously.
5. CITIZENS FORUM/PUBLIC COMMENT There were no items presented during Citizen’s Forum.
6. COUNTY ADMINISTRATOR’S REPORT Anthony Swartzendruber, Administrator, presented information about a couple of upcoming events that the commissioners are invited to attend. 6.1 Power Through Policy - The Future of Kansas Conference 6.2 LIfe of a Railer Community Night Invitaion 6.3 Information City of Hesston Agenda & Minutes Road & Bridge Weekly Report 8-14 thru 8-20
Page 1 of 81 7. DEPARTMENT REPORTS 7.1 Lynnette Redington, Health Department Director, reported that sites are being scheduled to conduct flu immunization clinics; interested sites should contact the office.
7.2 Rick Piepho, County Clerk & Election Officer, reported that 5,213 voted ballots have been returned so far out of 13,726 ballots mailed for the USD 373 mail ballot election. The deadline to return ballots is noon on September 3.
8. CONSIDER APPROVAL OF WARRANT CHECKS Randy Hague made a motion to approve the batch totaling $257,643.11 as presented. Ron Krehbiel seconded the motion. Motion passed unanimously.
9. ITEMS OF BUSINESS 9.1 Consider Approval of CUP 19-04 Wedding Venue 10316 S. Spencer Rd. Gina Bell, Planning, Zoning & Environmental Director, stated that Timothy and Tammy Cruse applied for a conditional use permit to operate a wedding venue on their property at 10316 S. Spencer Rd. The Planning & Zoning Advisory Board approved the CUP at their meeting on August 13. Gina reported that a number of area residents expressed concerns to the Planning Commission about the impact and conditions of the township maintained roads leading to the site and requested that stop signs be placed on Spencer Rd at the 125th St. intersection; township officials responded that road impact fees will be used to upgrade the roads leading to the site. The commissioners discussed some of the issues presented and the conditions included in the Planning & Zoning Advisory Board recommendation. Counselor Greg Nye asked if the proposed separate cabin structure would be rented separately from the main facility; the Cruse's replied that it would not be rented separately. CUP 19-04 Ron Krehbiel made a motion to approve CUP 19-04 for a wedding venue with conditions recommended by the planning commission. Randy Hague seconded the motion. Motion passed unanimously. 9.2 Consider Returning CDBG Funds to State of Kansas Anthony stated that last week the commission was presented with information about possibly dissolving the Micro-Loan program and returning the $66,062.03 of unused funds to the state. He stated that Commission action is needed to proceed. Randy Hague made a motion to dissolve the Harvey County Micro-Loan Program and authorize staff to return the current balance of $66,062.03 to the State of Kansas CDBG program. Ron Krehbiel seconded the motion. Motion passed unanimously. 9.3 Executive Session At 9:35 a.m. Ron Krehbiel made a motion to recess into executive session to discuss a confidential employee matter pursuant to the exception in Kansas Statute allowing the discussion of non-elected personnel matters. The open meeting will resume in the Commission meeting room at 9:40 a.m. Those present will be the Commissioners,
Board of Commissioners August 27, 2019 Page 2 of 81 Anthony, Dan and Counselor Greg Nye. Randy Hague seconded the motion. Motion passed unanimously.
9.4 Consider Resolution 2019 - 19, Amendments to Bond Documents for 2009 Industrial Revenue Bonds for Bigs Property, L.L.C. Kevin Cowan, Bond Counsel for Harvey County, spoke to the Commissioners about Resolution 2019-19 being presented for consideration. He explained that the county initially approved issuing Industrial Revenue Bonds (IRB) for Bigs Property, LLC in 2009, but the ten year term of the bonds is expiring and they are requesting an amendment to extend the term for five additional years. He explained that the county serves as the issuer for these bonds, so a resolution of the commission authorizing the amended agreement is required to proceed. He explained that there is no financial liability for the County even if the corporation fails to make the payments. Kevin also stated that the payment in lieu of taxes agreement and tax exemption for the properties will not be extended. 2019-19 - Amend IRB Agreement - Bigs Property Bond Agreement Amendment No 2 Supplemental Lease Ron Krehbiel made a motion to adopt Resolution 2019-19 as presented. Randy Hague seconded the motion. Motion passed unanimously.
10. OTHER ITEMS OF BUSINESS
11. WORK SESSION 11.1 Discuss Recommended Zoning Regulations - Commercial Renewable Energy Project Gina Bell presented the proposed Commercial Renewable Energy Project (CREP) zoning regulations prepared and approved by the Planning & Zoning Advisory Board. She stated that regulations were mostly based on regulations from Sumner and Harper counties where wind energy sites are currently operating. The commissioners discussed many of the individual components of the document and suggested a few changes including formatting and verbiage issues and suggested requiring contact information for all construction sub-contractors. Anthony also suggested a few revisions regarding county liability. Staff was directed to revise and resubmit the document for consideration.
12. TOUR ROAD PROJECTS (DEPENDING ON TIME AVAILABLE) The commissioners chose not to tour the road projects at this time.
13. ADJOURNMENT The meeting was adjourned at 10:30 a.m.
Board of Commissioners August 27, 2019 Page 3 of 81 George A. 'Chip' Westfall, Chairperson
Ron Krehbiel, Member
Randy Hague, Member
Rick Piepho, County Clerk
Board of Commissioners August 27, 2019 Page 4 of 81 August 27, 2019 Tuesday
7:00 AM - 8:00 AM Farm Bureau Breakfast -- Bread Basket
9:00 AM - 10:30 AM Harvey County Commission Meeting -- County Commission Room
August 28, 2019 Wednesday
4:00 PM - 5:00 PM EDC Board Meeting
September 2, 2019 Monday
All Day Labor Day - All County Offices Closed -- United States
September 3, 2019 Tuesday
9:00 AM - 10:30 AM Harvey County Commission Meeting -- County Commission Room
September 9, 2019 Monday
11:45 AM - 1:00 PM Quad County Planning Forum -- INTRUST Bank Arena, Cox Lounge, 500 E. Waterman, Wichita
September 10, 2019 Tuesday
9:00 AM - 10:30 AM Harvey County Commission Meeting -- County Commission Room
September 11, 2019 Wednesday
7:00 AM - 8:00 AM Council of Governments -- Bread Basket
September 13, 2019 Friday
7:00 AM - 8:00 AM Public/Private Partners Meeting -- Charlies Restaurant
Commission 1 8/22/2019 4:42 PM Page 5 of 81 September 17, 2019 Tuesday
9:00 AM - 10:30 AM Harvey County Commission Meeting -- County Commission Room
September 20, 2019 Friday
7:00 AM - 8:00 AM Chamber Breakfast -- Meridian Center
September 24, 2019 Tuesday
9:00 AM - 10:30 AM Harvey County Commission Meeting -- County Commission Room
September 25, 2019 Wednesday
4:00 PM - 5:00 PM EDC Board Meeting
September 26, 2019 Thursday
11:30 AM - 1:00 PM REAP Executive Committee Meeting -- Rescheduled from 9/12
Commission 2 8/22/2019 4:42 PM Page 6 of 81 Page 17 of 7181 Page 28 of 7181 Page 39 of 7181 From: Laura Rainwater
Power Through Policy: The Future of Kansas
Kansas Global is holding a conference at Wichita State University on August 29th to connect local businesses with policy makers. The conference, Power Through Policy, will give businesses and the community the opportunity to engage with their congressional delegate, industry experts and other local businesses. Power Through Policy is hosted by Kansas Global Trade Services in partnership with the Wichita Chamber. Junetta Everett, the incoming Chair for the Wichita Chamber, and Andy Schlapp, Chief of Staff at Wichita State University, will start the conference by setting the stage for the panel discussions on trade, workforce & immigration, tax, and infrastructure. Each panel will be moderated by an experienced professional and feature a policy maker, an industry expert and a local business representative to give the audience a full picture of how policy impacts their bottom line. Schlapp, this year’s Keynote, said, “It’s imperative that our business leaders and policy makers understand the connectivity of these topics. And I’m eager to express how the Innovation Campus intentionally employs the four topics to ensure a brighter future for our community.” Power Through Policy is open to the public and will be held at WSU. Attendees must register at https://www.kansasglobal.org/power‐through‐policy/ by August 27th. The cost to attend is $70.00 for Wichita Chamber Members and $80.00 for non‐members. Lunch and reserved parking are available to all registrants. The conference will run from 11 am – 4:30 pm. A networking reception will immediately follow. Confirmed Panelists:
Kansas Congressman Ron Estes, District 4 Kansas Representative Kristey Williams, District 77 Kansas Congressman Roger Marshall, District Wichita Mayor, Jeff Longwell 1 Partner, Husch Blackwell, Beau Jackson Director, Global Partner Solutions, Jennifer Hughes President, Balco Inc., Ronnie Leonard President, WSU Tech, Sheree Utash Executive Director, Kino Border Initiative, President & CEO, Kansas Global Trade Father Sean Carroll Services, Karyn Page President, Kansas Chamber, Alan Cobb VP Tax, AGH, Cathy Mitchell Director, WAMPO, Phil Nelson Director, Ideatek, Jade Piros de Carvalho
To register and for a detailed agenda visit www.kansasglobal.org. For questions and sponsorship inquiries contact Holli Schletzbaum at [email protected] or 316.264.5982.
Page 10 of 81 Hope you will join us!
LAURA RAINWATER | Director of Administrative Services/REAP Executive Director P 316.771.6613 F 316.771.6690 E[email protected] Regional Economic Area Partnership (REAP) 300 W. Douglas, Suite 850 • Wichita, KS 67202 Connect with us: workforce-ks.com | KANSASWORKS | Twitter | Facebook | LinkedIn | YouTube
REGIONAL ECONOMIC AREA PARTNERSHIP Strengthening the economy of South Central Kansas through joint action of cities and counties http://www.reap‐ks.org/
Page 11 of 81 >.—zD_ >m>~_
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Page 14 of 81 Page 15 of 81 Page 16 of 81 Page 17 of 81 CITY OF HESSTON SPECIAL CITY COUNCIL MEETING MINUTES of Jul 30 2019 S ecial Meetin 10 The special meeting ofthe Hesston City Council was held on Tuesday, July 30, 2019 at 4:00 p.m. in the Council Chamber/ Municipal Court Building located at 110 E. Smith St. PRESENT Council members Larry Fuqua, Jason Jones, Brad Unruh, Clare Moore, Susan Swartzendruber, City Administrator Gary Emry, City Clerk Jason Thrasher with Mayor David Kauffman presiding. A quorum was present. ABSENT None OTHERS PRESENT GLMV Architecture: - Mike Seiwert, Architect o Lori Guthridge, Architect o Gerry Munn, Conco Construction o Kyle Blasdel, Conco Construction Alamar Development, |nc.: Al Vogts, Ownerl Developer BillZerger, Vogt 5 Construction Jim Putman, Architect Jack Manske, Housing Consultant Mark Knowles, Commercial Development Consultant Gerhard Fast, Dean Leatherman, Jared Boese, Preferred Builders Scott Seirer, Vogt 5 Construction - Marketing Public Works Director Clinton Franey and Blake Spurney with the Hesston Record. RIDGE POINTE DEVELOPMENT PRESENTATIONS GLMVARCHITECTURE At 4:00 p.m. Mike Seiwert with GLMVArchitecture showed a PowerPoint presentation related to their proposal for the development of the 22-acre Ridge Pointe Development Project. Following the presentation there was a round of question and answers. ALAMAR INC. At 6:30 p.m. AIVogt s with Alamar Development, Inc. showed a PowerPoint presentation related to their proposal for the development of the 22-acre Ridge Pointe Development Project. Following the presentation there was a round of question and answers. ADJOURN At 8:05 p.m. Jason Jones moved to adjourn the meeting. Brad Unruh seconded. Motion carried 5-0. Recorded by Jason Thrasher City Clerk Page 18 of 81 » ROAD & BRIDGE DEPARTMENT 1425 N. Spencer P.O. BOX 687 PHONE: 316-283-1890 NEWTON, KANSAS 67114-0687 FAX: 316-283-2927 WEEKLY REPORT Wednesday, Aug.14 thru Tuesday, Aug. 20, 2019 Wednesday, Aug. 14 Windy, P.Cldy; Low 65 High 91 Patching pavement on N. East Lake Rd. Finished structure 17-J.02 installation (N. Hoover, just north of W. 1st) Moved equipment Mowing HMA Project: Cornejo & Sons prepped base for overlay tomorrow. Thursday, Aug. 15 Windy, P.Cldy; Low 71 High 93 Patching pavement on SW 96th west of Sedgwick Grading- SW 60th Hauled to yard 45.93 tons of salt Moved equipment HMA Project: Cornejo & Sons placed 1st lift of HMA on the NB lane. Friday, Aug. 16 Windy, P.Cldy, Area T-Storms; Low 74 High 92 Patching pavement on SW 96th west of Sedgwick Hauled 28.08 tons of 1-1/2” rock to areas on SW 84th Repaired STOP sign at SW 72nd & Woodberry Grading- SW 60th, SE 36th, S. East Lake Rd., S. River Park, SW 84th HMA Project: Cornejo & Sons placed 2nd lift of HMA on the NB lane. Saturday, Aug. 17 Early AM- Strong storms involving very high winds and heavy rain moved through the area. Rainfall measuring 3.25 inches in Hesston. Responded to report of 120-railroad car derailment on BNSF south of Walton, and power lines down on NE 36th between Spencer and Hillside. Placed ROAD CLOSED barricades at N. Spencer and at N. Hillside on NE 36th. Monday, Aug. 19 Sunny, Hot; Low 76 High 99 Grading- SW 84th, N & S Woodlawn, N. East Lake Rd., SW 60th, N. River Park, NW 36th, NW 24th, Hauled 15.09 tons of road sand to SW 60th Hauled 29.81 tons of 1-1/2” rock to N. East Lake Rd. Hauled 25.93 tons of 1-1/2” rock to S. Woodlawn Hauled 33.01 tons of 1-1/2” rock to yard Page 19 of 81 Hauled 33.98 tons of 1-1/2” rock to SW 60th Hauled 19.02 tons of road sand to SW 84th Hauled 33.15 tons of 1-1/2” rock to N. East Lake Rd. Hand-patched areas of pavement HMA Project: Cornejo & Sons paved final lift on NB lane of West Rd. Tuesday, Aug. 20 Sunny, Hot; Low 79 High 101 Grading- S. Woodlawn, S. East Lake Rd., SE 36th, NE 12th Hauled 135.44 tons of 1-1/2” rock to yard Corrected & smoothed gravel road intersections along E. 1st and NE 60th Sign maintenance Mowing HMA Project: Cornejo & Sons completed final lift of HMA on NB lane of West Rd. 2009 Ford F250 4x4 Super Duty SuperCab Diesel 158,374 miles Sold for $10,500.00 on 8/20/2019 Purchased 11/21/2008 for $30,274.00 Sold for $1550.00 on 8/20/2019 Not used since 2016 21 Bids Page 20 of 81 Agenda Item Report Board of Commissioners - Aug 27 2019 Prepared For Staff Contact Board of County Commissioners Gina Bell, Director Subject Consider Approval of CUP 19-04 Wedding Venue 10316 S. Spencer Rd. Background Information On Aug. 13, 2019, the planning commission approved CUP 19-04, with a vote of 3-2, for recommendation. The applicant Tammy Cruse would like to have a wedding venue that will house up to 450 people. The location of the property is 10316 S. Spencer Rd. Recommendation Staff Report is included. Also recommend all conditions set by the planning commission. Attachments HARVEY COUNTY PLANNING AND ZONING ADVISORY BOARD BOARD OF ZONING APPEALS - Aug 06 2019 - Minutes - Pdf SPECIAL MEETING OF THE HARVEY COUNTY PLANNING AND ZONING ADVISORY BOARD - Aug 13 2019 - Minutes - Pdf 10316 S Spencer Packet HARVEY COUNTY PLANNING AND ZONING ADVISORY BOARD BOARD OF ZONING APPEALS - Jun 04 2019 - Minutes - Pdf Staff Report CUP19-04 10316 S Spencer map 10316 S Spencer 2nd map Anthony Swartzendruber, County Administrator Approved - Aug 22 2019 Dan Bronson, Assistant Administrator/Director of None Finance Page 1 of 32 Page 21 of 81 MINUTES HARVEY COUNTY PLANNING AND ZONING ADVISORY BOARD BOARD OF ZONING APPEALS 7:00 PM - Tuesday, August 6, 2019 Harvey County Courthouse Community Room 1. CALL TO ORDER The Board of Harvey County Planning Commission and Board of Zoning Appeals met in regular session on Aug 06 2019 with P&Z Member Duane Miles, P&Z Member Carol Buller, P&Z Member Jack Bender, P&Z Chair Lynne Vigil, P&Z Member Mike Koehn, P&Z Member Pat Wendling, P&Z Member Phil Kimerer, and P&Z Member Trinity Muth present. Chair Lynne Vigil called the meeting to order at 7:00 p.m. Attending were Lynne Vigil, Michael Koehn, Phillip Kimerer, Duane Miles, Jack Bender, Carol Buller, Pat Wendling, and Trinity Muth. Wayne Alison was absent. Staff members present were Gina Bell, zoning director, Karen Rothe, zoning secretary. 1.1 Guests included Tammy Cruse, Tim Cruse, Randy Suchy, Cristy Suchy, Ron Lake, Patty Lake, Ron Miller, Holly Miller, Leo Stahly, Curtis Schmidt, Doug Janzen, Tim Dirks, Ed Flora 2. APPROVAL OF AGENDA 2.1 Consider Approval of Agenda Agenda Approved Jack Bender made a motion Motion was made to approve minutes as presented Carol Buller seconded the motion. Motion passed unanimously. 3. APPROVAL OF MINUTES 3.1 Draft of June 4, 2019 Meeting. Phil Kimerer made a motion Motion was made to approve the minutes as presented Duane Miles seconded the motion. Motion Passed unanimously. 4. CITIZENS FORUM/PUBLIC COMMENT There were no items presented during Citizen’s Forum. 5. ADMINISTRATOR UPDATE 5.1 Administrator Report presented by Gina Bell Bell told the commission that a new application for a wedding venue was brought into the office today. It will be on the agenda for Sept. Things have slowed down in the office since the beginning of harvest. Page 2 of 32 PagePage 22 1 of of 81 5 6. NEW BUSINESS 6.1 CUP19-05 2222 SW 96th -Wedding Venue The applicant would like to have a wedding venue to hold 550 people The request is made for the following described property: SW COR SW1/4, N359, E1001.18, S359, W TO POB, LESS ROW Said property is located at 2222 SW 96th At 7:10 p.m. Vigil called for Cody Schroeder to present his case for a wedding venue at 2222 SW 96th. CUP19-05. Schroeder was not present nor was a representative. The commission gave him 15 minutes to show up and present his case. He did not show up at the meeting. Application denied. Trinity Muth made a motion The applicant has 15 minutes to show up to the meeting. If he has not shown up at that time the application will be denied. (Applicant did not show up) Jack Bender seconded the motion. Motion passed unanimously. 7. OLD BUSINESS 7.1 CASE NO. CUP 19-04 TABLED FROM JUNE 4, 2019 The applicant would like to have wedding venue to hold 450 people. The request is made for the following described property: The NW4 of the SW4 Sec. 24 Twp 24 Rng 1E. Said property is located at 10316 S. Spencer. Tammy Cruse reviewed the information she presented in July. She feels there is a need for a larger venue. Most venues at this time are targeted for 200 people. She intends to have a 400 person venue with a honeymoon suite. She plans to be a part of the Kansas Agri-tourism. She will need to abide by their rules. She said she wants a beautiful and safe venue. She also plans to control the drinking. She plans to use the venue for more than weddings. Other events she is looking at are farmer's markets, craft fairs and family reunions. She said the venue will bring in additional tax revenue for Harvey County. Ronald Lake who lives adjacent to Cruse said he is against the venue. He said she was suppose to talk to the township and be at a township meeting to discuss it and he was unaware that she had done that yet. He said that the venue was not meant for that area because of the six families that lived around there. Cruse was asked by Vigil if she had talked to the township. She said she had talked to Curtis and Leo with the township. They told her they plan to do work from 125th to just north of her property. That work could not start until the road impact money became available. Patty Lake also objected to the venue because it would disrupt 5 to 7 homes in the area. She said if they want businesses near them, They would move to town. "I don't want that by my backdoor." She said no matter is done to control people that there is HARVEY COUNTY PLANNING AND ZONING ADVISORY BOARD BOARD OF ZONING APPEALS August 6, 2019 Page 3 of 32 PagePage 23 2 of of 81 5 always a nut. She feels the neighborhood would be destroyed. Leo Stahly with the township spoke. He said they have work that needs to be done. They intend to do the road work and dig ditches. He said they are willing to do the road work and are willing to work with the Cruses. He told Cruse that there is a place where the road does go under water sometimes and not much could be done about that. He asked if she planned to move her culvert. Cruse asked what he would like them to do. He asked they keep it in the same place. Tim Dirks said since he moved in there are double the amount of houses on the road. He said the roads continue to get worse. Dirks asked Trinity Muth what criteria he uses to decide on whether to approve an application. Muth told him that legally its difficult to stop this. Muth said he feels bad when someone get the neighbor they don't want. But he said he has to vote on the landowner's right. Bell told Dirks that the criteria was in the packet she sent him. He said if those 5 things are the criteria then it should not pass. He said it does effect those around it. He said there is a way to say no. He pointed out that one of his neighbors most likely pays more in taxes than Cruse will. Dirks asked for a map of the area and pointed to each house in the area saying the neighbors were against the venue. He was informed that those neighbors had not called or communicated with the zoning office. Since they also were not at the meeting their opinions were not validated and were not to be accounted for. Dirks told the commission that nobody wants this in their back yard. Ed Flora spoke about his concerns with road safety. He was concerned with the high volume of traffic noting he had seen about 10 serious wrecks at Spencer and 125th. He said something needed to be done at that intersection. He said a stop sign would make people stop as currently they do not stop at that intersection. He requested that a traffic safety study be done. He said he realized he use to be far out in the country but now the city is moving closer. He said safety is a personal concern. He said there are families who kids ride bikes on the road. He also felt with the addition of alcohol being served that could add to the risk and would like that considered with the study as well. The other issue he felt should be addressed is the environmental impact to wildlife. Cruse offered to have traffic control. Kimerer said that approval must be granted by the county and/or state for a stop sign or any official signage on the road. He felt the study should be done before approval. Chardel Dirks spoke against the venue stating it would change the neighborhood. At this time Vigil closed public comment. Cruse readdressed the commission about the traffic. She agrees with those who spoke about the traffic issues. She said she was willing to hire traffic control. She said the main thing is safety. She said at the last meeting the noise was brought up. She intends to have a double insulated building. She said Agri-Tourism has regulations on noise levels. She also said no outdoor music. She said only outdoor activities with amplified sound will be the ceremony its self. She said their regulations will be beneficial to her business. As for time frames for weddings, most will start around 2 to 4 p.m. and will be done no later than midnight. She said they will most likely shut down the bar earlier. No outside alcohol will be allowed and they will not tolerate unruliness. She said that kind of behavior is not good advertising for business. She HARVEY COUNTY PLANNING AND ZONING ADVISORY BOARD BOARD OF ZONING APPEALS August 6, 2019 Page 4 of 32 PagePage 24 3 of of 81 5 said she plans to keep the venue classy. Kimerer asked what the penalty is for violating Agri-Tourism regulations. She said they can pull your license. She said it is a big deal to violate the rules. As far as insurance she said they intend to have a million dollar policy. Kimerer asked if they could request a 2 million dollar policy. Cruse said most insurance companies don't offer over a million. Miles asked if they had financing for the project approved. Randy Suchy, a relative to Tammy, said yes the financing is secured. Vigil then read through the conditions and the staff report. She told the commission they needed to consider the information presented today in their decision. Kimerer asked that Cruse submit a contract to the office with the specific rules for the venue. Some additions to the conditions recommended by Bell in the staff report were recommended by Vigil including the traffic safety assessment, traffic control, a copy of the contract to be submitted and that the conditional use permit is not transferable if property is sold. Muth did not feel the application should be approved until the traffic safety was addressed. He said everyone involved recognizes a traffic safety issue. He said they need to look into it first. Bell said they can recommend it and take it to the commissioners that they need to do that and it is their responsibility to follow through with it. Cruse asked if they could just add traffic control as part of the conditions. Wendling told the audience that if they wanted something done with the traffic they needed to call their county commissioners and tell them. Wendling made a motion to table the issue until more information on the traffic safety could be obtained. Case 19-04 was opened up. Jack Bender made a motion Motion to remove from the table. Pat Wendling seconded the motion. Motion passed unanimously. Motion to table until more information could be obtained on traffic safety study. Pat Wendling made a motion To table CUP19-04 until more information on the traffic safety study is available. The item is to be on the agenda for September or a special meeting may be called if information is available sooner. Phil Kimerer seconded the motion. Motion passed 6-1 (opposed: P&Z Member Jack Bender). 7.2 Renewable Energy A renewable energy regulation was presented to the commission. They had received the draft at an early meeting so they could have time to read through the regulation and make any changes or corrections they felt were necessary. All grammar and minor corrections were made prior to the meeting. Bell said this was basically a compilation of what several counties have in place. Buller was concerned about the removal of power lines once it was decommissioned. Wendling said the power lines were not an issue as they use the power lines that are in the right of way. The commission complimented Bell on making the regulation for solar as well as wind. They said this was a good start. It may need some minor changes once they have a case but it is a good place to start. HARVEY COUNTY PLANNING AND ZONING ADVISORY BOARD BOARD OF ZONING APPEALS August 6, 2019 Page 5 of 32 PagePage 25 4 of of 81 5 A motion was made to recommend adoption of the regulations. Phil Kimerer made a motion Motion was made to approve the Renewable Energy Regulations as presented. Duane Miles seconded the motion. Motion passed unanimously. 8. ADJOURNMENT The meeting was adjourned at (8:30) p.m. 8.1 Meeting adjourned. Carol Buller made a motion Motion was made to adjourn meeting. Duane Miles seconded the motion. Motion passed unanimously. HARVEY COUNTY PLANNING AND ZONING ADVISORY BOARD BOARD OF ZONING APPEALS August 6, 2019 Page 6 of 32 PagePage 26 5 of of 81 5 MINUTES HARVEY COUNTY PLANNING AND ZONING ADVISORY BOARD BOARD OF ZONING APPEALS 7:00 PM - Tuesday, August 13, 2019 Harvey County Courthouse Community Room 1. SPECIAL MEETING FOR HARVEY COUNTY PLANNING COMMISSION 2. CALL TO ORDER The Planning Commission and Zoning Board of Appeals met in regular session on Aug 13 2019 with P&Z Member Duane Miles, P&Z Member Jack Bender, P&Z Chair Lynne Vigil, P&Z Member Mike Koehn, P&Z Member Pat Wendling, and P&Z Member Phil Kimerer present. Chair Lynne Vigil called the meeting to order at 7:00 p.m. Members present: Lynne Vigil, Michael Koehn, Phil Kimerer, Duane Miles, Jack Bender, Pat Wendling. Trinity Muth, Carol Buller and Wayne Alison were absent. Staff members present were Gina Bell, zoning director; Karen Rothe, zoning secretary; Anthony Swartendruber, county administrator. 2.1 Guests Blake Sparney, Leo Stahly, Erren Diebold, James Diebold, Tammy Cruse, Tim Cruse. 2.2 Meeting was called to order at 7:04 p.m. by chair Lynne Vigil. 3. APPROVAL OF AGENDA Vigil called for a motion to approve the agenda. 3.1 Duane Miles made a motion Agenda was approved as presented. Pat Wendling seconded the motion. Motion passed unanimously. 4. OLD BUSINESS 4.1 Case No CUP19-04 from June 4, 2019 and Aug. 6, 2019 The applicant would like to have wedding venue to hold 450 people. The request was made for the described property: The NW4 of the SW4 Sec. 24, Twp 24, Rng 1E. Said property is located at 10316 S. Spencer. This meeting to to present requested information to the advisory board so they can make a determination to either recommend the Condition Use Application to the County Commissioners or deny the application. Vigil asked for the Case CUP 19-04 to be removed from the table. Jack Bender made a motion Cup 19-04 10316 S. Spencer was removed from the table and opened up for discussion. Mike Koehn seconded the motion. Motion passed unanimously. 4.2 Updates to Case CUP 19-04 Page 7 of 32 PagePage 27 1 of of 81 5 Vigil gave a brief overview of the case and the discussions that had taken place in the last two meetings. The planning commission had asked for more information on traffic control and for a copy of the contract for the venue. Zoning Director Gina Bell said she talked to County Administrator Anthony Swartzendruber about the traffic study and/or possible stop sign at Spencer and 125th. Jim Meier, Road and Bridge Superintendent was also involved in the discussion. The determination was that the county does have the ability to put in a stop sign. She said as far as the traffic study, there were already 26 or more intersections in Harvey County scheduled for a study so it would not be anytime soon that could be done. Bell said the neighbors and township all agree its a dangerous intersection so the best solution is to go ahead and put up a stop sign. Next Bell addressed the liquor license. She said she talked with Rick Piepho, County Clerk, about the liquor license. He told her the state would over see that. Jack Bender had contacted Bell about the number of people the venue would accommodate. He found that different numbers were used in different places. Bell said Tammy Cruse, applicant, had settled on the final number to be 450 people. Bender was also concerned with what type of events other than weddings would be held at the facility. He said right now there is nothing to limit the number of events. Bender stated the concern he had was if Cruse had 7 events a week it really would disturb the peace of the valley. He asked if anyone foresee a need to limit the number of events? Bell said they may use it for a craft show. That wouldn't be any different than people coming and out for a wedding. Bell said if it came to the point she was having events 7 days per week she would need to explain why. Bell said this is her home. She did think she would want people traipsing through her home 7 days a week. But you are welcome to ask her that. Kimerer said he would like to follow that on. He told Bell he heard what she was saying. He said the application was for a wedding venue. He said he has heard the term farmer's market, craft fairs, family reunions, and quinceañera used and those don't fall under the definition of wedding venue which is what was advertised in the paper. I've asked what it includes. Are concerts going to come in? there is noting to exclude it. Cruse said her main use is a wedding venue. But if it is not booked and someone wants to do a farmer's market or craft fair for benefits or have a family reunion it is for use for Harvey County. She wants to bring things to Harvey County. Kimerer said it sounds more like an event venue not a wedding venue. He said wedding venue is a definition. That restricts it to those events. Do I want your place built across the road from me? No. He said he is trying to look at the future so problems don't arise in the future. Wendling asked if this has been addressed with any of the others? Kimerer said no but we probably should have. Wendling felt the best way to address it would be to do a year review. That way if they didn't like the way things were going they could make changes in one year. HARVEY COUNTY PLANNING AND ZONING ADVISORY BOARD BOARD OF ZONING APPEALS August 13, 2019 Page 8 of 32 PagePage 28 2 of of 81 5 "But do you folks want to spend your million dollars and come back in a year and we say no?" Kimerer asked. Cruse said no. "Bingo," Kimerer replied. Mike Koehn pointed out that liability insurance if very specific on what they will and will not cover. He said they do not want to open themselves up for liability. The insurance is going to cover a wedding venue not all these other things. Cruse said 95 percent if not 100 percent will be for weddings. She is looking at starting out with 40 weddings the first year. If they fill up and have request for 50 weddings, she would have to decide if she really wanted 50. Her and her husband both work full time jobs elsewhere so they would want to overload themselves. This stuff needs to be in writing Kimerer said. We started out with a conditional use for a wedding venue so lets move forward on that if the board approves it. After a year if you need to do more because you are not getting enough weddings address it then. He said if something comes up she can come to the board and ask for a variance. Wendling asked if the insurance was per event. Cruse added that along with their liability insurance they will have all the time, the bride and groom will be offered a one day event insurance. Vigil addressed the planning commission that if they made a motion, at that time they could add any conditions they wished to their motion. Bender asked if they had joined the agri-tourism yet? Cruse said no, not until they get approval from the board. He said agri-tourism is to help farmers economically. "Are you a farmer?" Cruse said no, not yet but they were looking into it. I guess if they accept you it would apply to you as well. He also asked about the sign from agri- tourism for inherit conditions and asked what the dangers at her site would be. Cruse at this time she does not have animals but in the future she would like to have horses or mini donkey. Bender asked if she was going to allow firearms on the premises? "Only the ones I own," Cruse said. Duane Miles asked how many security people she would have? Cruse said 2 behind the bar and 1 roaming. That is all that is required by the ABC. Bender asked if any of the neighbors were present? He was told they were not. Bender asked if he could speak to the township. Leo Stahly and Curtis Schmidt were at the meeting representing the township. Bender asked them if they would have a problem keeping up with the roads? The response from the township was there was a peach orchard in their township that has 50 to 100 cars per day, more traffic than the wedding venue will have and that was never discussed. He said they have never had a problem with keeping up with those roads. They admitted there was a lot of work to be done on the roads but they were aware and would get the work done to get the roads in good condition. Kimerer wanted the conditional use to expire if the land was sold or leased. He said at some point and time they are going to leave it and they may sell or lease it for someone else to run. That brings third party that we have not had a discussion with. Wendling said it was already a condition listed. Kimerer said that was sell not lease. They could make the lease on condition to follow the conditions in permit. Vigil said HARVEY COUNTY PLANNING AND ZONING ADVISORY BOARD BOARD OF ZONING APPEALS August 13, 2019 Page 9 of 32 PagePage 29 3 of of 81 5 this has not been done with the others. She said they would get the chance to review it. Kimerer stressed that he wanted the condition to say it expires. Wendling said they just need to make the condition it is reviewed in a year. Kimerer said in the past things were put in the conditions and then nothing could be done when they didn't do things the way the county wanted it done. He said he wanted it put that the conditional use expires at time of sale or lease? He was asked reviewed or expire? He said expire. He said the regulations are the book and the Bible of the planning and zoning and when four or five people come in and say it doesn't meet the requirements we have issues. Vigil suggested instead of expiring they needed to say that in the case they decided to lease it the party leasing the property would need to come back before the planning commission. Bell was concerned saying if they are going to continue to do this with conditional use permits as a whole then they need to specify it as a whole. She didn't feel this was the time to discuss all the pros and cons of what they should and shouldn't ask for. I under stand you don't think its fair to the planning commission. I don't want to over step bounds in what we are requiring. Wendling spoke up and said the main reason they came back for this meeting was for the traffic issues and a copy of the contract. Both of those have been presented. He felt adding the review in 12 months is what needs to happen. Vigil reviewed once again what was discussed and entertained a motion with whatever conditions they felt they wanted to add. She said to be specific in their motion. Bender asked if the conditional use went with the land. Bell said normally yes. But this board and other boards have made the condition it be looked at if it changes hands. Zoning should run with the land. But said she understands if they feel uncomfortable letting that completely loose. She said she didn't think they could just cut it off as far as legally. Wendling made a motion to approve Case number CUP19-04 with the conditions listed in the staff report which include 1. All appropriate beer/liquor licenses must be in place before alcohol is served. 2. Cooperation with Darlington township about road conditions is a must. 3. Rural water meter for venue. 4. On and off site signage will require a permit. 5. An appropriate insurance policy for the venue will be kept in force with a current copy kept on file at the zoning office. Also adding the following additional conditions 1. A stop sign be put up at the intersection of Spencer and 125th by the County. 2. A copy of the current contract be on file at the zoning office. 3. Any new owner would need to contact the zoning office for an appointment and set up a review of the CUP with the planning commission. 4. Applicant (Tammy Cruse) would need to come back to the planning commission in 12 months for a review. Bender said should it say potential owner. Wendling said that would be the current owners responsibility to discuss that with a potential buyer. Bender asked why they HARVEY COUNTY PLANNING AND ZONING ADVISORY BOARD BOARD OF ZONING APPEALS August 13, 2019 Page 10 of 32 PagePage 30 4 of of 81 5 would come in for review then. Wendling said because we would need to approve the new owner being able to run the business. They would be reapplying. Cruse asked what the review entitled. Wendling said they would review that they were doing and what worked and what didn't work. If they needed to make any changes. Kimerer said it needs to be limited to a wedding venue for that first year. If any other event is to be held it she would need to come in and ask for a variance. The board all agreed that was what was being approved since that is what was advertised. Board Members Reasons For Their Vote Bender wanted to make a statement for the record. "I was inclined to vote nay because of concern of the neighbors. My vote has been effected by the fact those people are not back here again tonight and did not bring the other neighbors. We made that comment last week, they clearly heard it. And so for the record, people need to understand why I'm going to vote the way I am. Koehn said he voted the way he did because they met all the requirements. Has done everything we asked them to do. Kimerer said"I think you guys have a great business going. I wish you all the best in the future. I just feel its the right business in the wrong location. Nothing more than that." Miles said agreed with Kimerer. Wendling said his main thing was the safety thing, the stop sign, which turned out to be a lot easier than it started out to be. Pat Wendling made a motion Motion was made to approve CUP19-04 for a Wedding Venue with conditions listed. Mike Koehn seconded the motion. Motion passed 3-2 (opposed: P&Z Member Duane Miles and P&Z Member Phil Kimerer). 5. ADJOURNMENT The meeting was adjourned at (time) 8 p.m. 5.1 Meeting Adjournment. Pat Wendling made a motion A motion was made to adjourn the meeting. Phil Kimerer seconded the motion. Motion passed unanimously. HARVEY COUNTY PLANNING AND ZONING ADVISORY BOARD BOARD OF ZONING APPEALS August 13, 2019 Page 11 of 32 PagePage 31 5 of of 81 5 ICl-O04 See Chapters 4 & 21 Harvey County Uni?ed Development Code APPLICATION FOR CONDITIONALUSE PERMIT This is an applicationfor conditionaluse permit. The form must be completed and ?led at the of?ce of the Harvey County Zoning Director. ANINCOMPLETEAPPLICATIONCANNOTBEACCEPTED 1. Name of applicant or applicants (owner or their agent or agents). Allowners of all property requesting a conditionaluse permit must be listed in this form. Applicant/Owner ‘ L, C?ggf Address “fang %.3@DC2,_. Phone ?>l§Q- 1230/3579. Agent ;:QW\.L Address 7ZQQ5; [§‘’’’’‘ She ?g Phone Wlolrulwq ICS (97212. cruscalooéi gm; 1.com Applicant/Owner )2. . ‘Q Address b93\kD 3 W Phone \ *5 I357‘; Agent Address Phone (Use separate sheet if necessary for names of additional owners/applicants.) The applicant hereb requests a conditional use permit to .O_. .'.b‘L!. ’A.o._9A p"s_' urO,o._--.»__ .9 I .9: .910 o 0'0 - ' "D; .’_5 .ll .5’ Go C in a zone. Section .53! Township Z‘-4 Range _QI___ Parcel# -l'l""6-' ~ A - ~ l-O Page 12 of 32 Page 32 of 81 See Chapters 4 & 21 Harvey County Uni?ed Development Code NOTE: APPLICANTOR THEIR REPRESENTATIVEAREREQUIREDTO ATTENDTHE HEARING. Site Plan: Article 4 Description of the applicant's intention to develop the property. Check each block after completion. A line has been provided for additional comments. The following check list is only a partial list of items needed for a complete site plan. A Site Plan, drawn to the same scale as the topographic survey, indicating: Existing contours (shown as dashed lines); Proposed contours (shown as solid lines); Location and orientation of all existing and proposed buildings; Areas to be used for parking, includingthe number and arrangement of stalls; Areas to be developed for screening, including the location of plant materials, and screening structures and features; 1:’ Pedestrian and vehicular circulation,and their relationship to existing streets, alleys and public right—of—way; Points of ingress and egress; 13 Location of all existing and proposed utilities (sanitary sewage systems, water ' systems, storm drainage systems, gas lines,telephone lines and electrical power lines); Drainage controls (retention or detention ponds); Pond'l\'l\\f\;,£»H1v‘dI“<:umcUe~propsed -E-~rlcdwvlcnco, Page 13 of 32 Page 33 of 81 See Chapters 4 & 21 Harvey County Uni?ed Development Code Location,size and characteristics of identi?cationand business signs; III Lightinglayout, appurtenances, and intensity of illumination; 2' Proposed ?nished ?oor elevations of all buildingsand structures. D III A statement of intent shall accompany the Site Planto explain the measures used to achieve compatibilityof the proposed development with surrounding properties through the planning of the site and the location and design of structures. '3 Any additional comments: I (We), the applicant(s), acknowledge the instructions provided explaining the method of submittingthis application. I (We), realizethat this application cannot be processed unless it is completely ?lled in. Owner By By ___:___g AuthorizedAgent Authorized Agent A $3QC)_fee must accompany this completed application. OFFICEUSEONLY: This application was received at the office of the Zoning Director on El I9 (day, month, year). It has been checked and found to be complee and accompanied by required documents and the appropriate fee of he Page 14 of 32 Page 34 of 81 See C apters 4 & 21 Harvey County Uni?ed Develo ent Code Bell L i ZONINGDIRECTORHEARINGDATE: Page 15 of 32 Page 35 of 81 Page 36 of 81 of 36 Page Page 16 of 32 of 16 Page mcmucupam . .. _ m mmEotoamm . .3. 5u.c.uamm Dear Commissioners, Thank you for the opportunity to present our ideas to you. I have long dreamed of working with brides and helping them make their day special. Now with the help of my husband and family it can come true. I worked with a gentleman in Sedgwick County to build a venue in the country and over the past 12 years helped make the property exactly what the brides would love. Due to circumstances of his daughter coming home from school, I decided to step back and let her take over the business for the financial security of the business. I dearly miss working with the brides and their families. It is so rewarding to see their reaction on their wedding day when everything is perfect for them and we made it happen. We recently purchased the property at 10316 S. Spencer Rd.and thought it would be perfect to build a beautiful spot for weddings and all gatherings. The building would have a bridal suite for them to dress, the reception hall would be 5200 sq feet, all climate controlled. There will be a caterer’s kitchen and bar service, an ADAbathroom, and large his and her bathrooms. The honeymoon suite will be set by the creek and it willbe a 384 sq foot cabin with bath and electric fireplace. It would also double as the groom's den for the guys to dress and gather before the wedding. We have everything in place and will be ready to break ground if everything is approved mid-summer. Once again thank you for the opportunity. Tim and Tammy Cruse Page 17 of 32 Page 37 of 81 513}6* S?grpchefR , Bathrooms recon w measurments 103'8' Page 18 of 32 Page 38 of 81 Page 39 of 81 of 39 Page Page 19 of 32 of 19 Page 405. O: T: 521.2: V . K 1 2 1 .4 w ,2 ,. ,. . .4 u ‘ ‘ . . . . 35.; .u.. o._vmm; ?vmq... oi . 993._ ._.\eG;.__vmm. mm..ae$_»._v,»m..xve.m.o__%K«$__ .e\3. mmu993;? w _ w > H _ E V 14 »‘ "Om . _ .. 9 M»N "mu. .41 DUQ #8 ow ?u 4H5 |JBw ,4 4wWU.HU%__ 4w, _ 4" «m. _ $535,. mum Ac». 0.. 2; mmmm ,2? . 16' 0" Page 20 of 32 Page 40 of 81 Page 21 of 32 Page 41 of 81 4/8/2019 10389 S Spencer Rd - Google Maps Go gle Maps 10389 s Spencer Rd Image capture: Sep 2007 © 2019 Google Sedgwick, Kansas V Google Street View - Sep 2007 https:l/www‘google.com/[email protected],—97.318147,3a,60y.97.62h,78.32tIdata=!3m6!1e1!3m4!1swPMF6ZFuU-(A7BSTmCkHVg!2e0!7i3328!8i1664Page 22 of 32 Page 42 of1/1 81 AFFIDAVIT OF PUBLICATION STATE OF KANSAS, O NTY OF HAR Y, ss Debra S. Jacobsen - ,§( " Being first duly sworn, deposes and says’ at she is the Classi?eds Clerk of The Newton Kansan A daily newspaper printed in the State ofKansas, and published in and of general circulation in Harvey County, Kansas, and that said newspaper is not a trade, religious or fraternal publication. Said newspaper is a daily published at least weekly 50 times ayear; has been so published continuously and uninterruptedly in said county and state for a period of more than ?ve years prior to the first publication of said notice; and has been admitted at the post office ofNewton, Kansas in said County as second class matter. j 7 hearing willbe heldat NOTICEOF PUBLICHEARING A public 7:90 pm. on June 7,2019 in theCommunity Room in the Harvey CountyCourt- That the attached notice is a true copy there of and was published in HARVEYCXJUNTYREGIONAL kansas at house, sooVain SLNewton. the regular and entire issue of said newspaper PLANNINGCOMMISSIQNwhichtime and/oronil Noliccisherebygiven lhzitti publichurr- written com- Count)’ mcnts willbe bythc“L‘§'°"“l ing willbc l\L‘l(lby the l‘llL|'\‘(:)' uinsirlcnxl RegionalPlanningConimissionto Lon- PlariningConimissioii. One an applicationmtlllcin iipixinlunnc sidcr tionspriorto themeeting may withthe Harvey County ZOIIIIIK“’~’ls'“.'Q date lxllzlliircctulto the Planning andZonirig Insertion s), the first publication being lationsby; The ’IhmmyOrume O?icc, Gina Bell. _Coniniuni1.3’ :\L(Zl$Sll)lCtheLl|S2lblL‘(l. Spccilicnlly: Room is to ‘Per-‘ Nioru _ needing specialamsniniodtitinns The:ipplicuni\Vl)IIl(llll Subscribed and sworn to before me this May 3 d 2019 Jenna Garnica Notary Public My commission expires December 2"“2020 Total Amount of Payment $13.75 Notice of Public Hearing/ Case #CUP19-04/Cruize JENNA GARNICA Notary Public- State of Kansas 0.. Page 23 of 32 Page 43 of 81 MINUTES HARVEY COUNTY PLANNING AND ZONING ADVISORY BOARD BOARD OF ZONING APPEALS 7:00 PM - Tuesday, June 4, 2019 Harvey County Courthouse Community Room 1. CALL TO ORDER The Harvey County Planning Commissioners met in regular session on June 4, 2019 with Wayne Alison, Duane Miles, Carol Buller, Phil Kimerer, Jack Bender and Mike Koehn present. Vice Chair Mike Koehn called the meeting to order at 7 p.m. Trinity Muth arrived late to the meeting. Lynne Vigil and Pat Wendling were absent. Gina Bell, Planning and Zoning Director and Karen Rothe, secretary, were present. Guests present included Ronald Lake, Patricia Lake, Tim Dirks, Shardelle Dirks, Tammy Cruse, Tim Cruse, Erren Diebold, James Diebold. 2. APPROVAL OF AGENDA 2.1 Present June 4, 2019 Agenda for Approval. 3. APPROVAL OF MINUTES 3.1 Consider Approval of April 2019 Minutes. Wayne Alison made a motion to approve the minutes as presented. Duane Miles seconded the motion. Motion passed unanimously. 4. CITIZENS FORUM/PUBLIC COMMENT There were no items presented during Citizen’s Forum. 5. ADMINISTRATOR UPDATE Gina Bell gave the administrator's update. She said the biggest thing going on is the flood. She commended all the emergency crews on the work they did during the event. She said they did the best they could. She felt there was better communication as far as road closures and what was going on. She said there is a lot of damage throughout the county. Many roads are still damaged and may take time to repair everything. She also said that a large portion of West Park was lost to river erosion during the flood. The zoning office did a community outreach project following the event by sending out letters to 500 plus homes that may have been effected by the floods encouraging them to test their water. She also updated everyone that the County Commissioners were changing their meetings to Page 24 of 32 PagePage 44 1 of of 81 5 Tuesdays. She was not sure if this would effect the timing of cases to be recommended by the planning commission. 6. NEW BUSINESS 6.1 CASE NO. CUP 19-04 The applicant would like to have a wedding venue to hold 450 people The request is made for the following described property: The NW4 of the SW4 Sec 24 Twp 24 Rng 1E Said property is located at 10316 S Spencer Tammy and Tim Cruse purchased land on S. Spencer that is located near 125th St and just off I-135. They would like to build a wedding venue that would hold up to 450 people. This will work well with the new hotel being built on 1st street in Newton. The Cruse's have provided a full set of lay-out and plans. The only question from the board at this time was from Kimerer asking if it was flood plain. Gina said the area they are planning to build the venue is not floodplain. Tammy Cruse gave background information on herself. She has experience starting up and running wedding venues. She said there is a need for a large wedding venue that can hold 350 plus people. She pointed out she wants to be considerate to neighbors as far as traffic and noise. She is going to apply for a liquor license so that liquor can be controlled. She plans to work with a party bus company or some other transportation to hotels. She said they plan to shut down by Midnight. Her brother is in law enforcement and will be running security when it is needed. She said there will also be staff on hand to monitor the events. She is following all the state requirements as for a licensing and insurance. Tim Dirks spoke in opposition of the wedding venue. He said people have lived in that area for many years and want to keep their quiet neighborhood. He said that he felt the wedding venue did not meet the criteria for the conditional use permit. What is being proposed is bringing the city to the country. His concerns were the poor maintenance that is done on the roads by the township now and that it will not improve stating more traffic will only make the roads worse. The lack of stop signs and number of wrecks that have occurred on 125th street and Spencer. He feels the noise would be determent to wildlife. How will it affect his cattle. He stated he did not see any pros for the people that live near it just cons. Another concern was what it would do as far as taxes. He asked what type of sewer would be used. Bell told him that would be up to KDHE at the State. He asked about the roads and what would be done. Bell said they would have to pay a $4000 road impact fee that could be used to improve the roads. But that it would be up to the Township as far as what would be done. He said the township is the worst township and doesn't do anything. He said he is opposed along with his neighbors. Dirks said he had a statement from a neighbor in HARVEY COUNTY PLANNING AND ZONING ADVISORY BOARD BOARD OF ZONING APPEALS June 4, 2019 Page 25 of 32 PagePage 45 2 of of 81 5 opposition but the statement was not given to planning commission or director. Patty Lake also spoke against the venue. She had the same concerns as Dirks. She said didn't realize that this was going to be a business and was against it. Ron Lake said he too was against it. He said he has 14 head of deer on his property and that he leases it out for hunting. He was concerned about the number of wrecks and traffic. He also had concerns about how much the road and that property has flooded in the past. Shardelle Dirks said she had spoke with other neighbors who were outside the mandatory notification area and they were surprised they were not notified. Bell did clarify saying they mail letters within a certain distance from the property in question and print the notice in the paper. Shardelle said she would appreciate not having it. Erren Diebold spoke in favor of the venue. She said she has worked with Tammy and has watched her put her plans together. She said Tammy has discussed how she wants to work with neighbors. Diebold said she is excited to be with Tammy as she pursues her dream and is excited to build a future with her. Kimerer asked if Cruse had talked to the township yet? She said she had not. He pointed out that $4000 would not go very far in road improvement especially if the township paid to put a culvert in for her drive. He suggested working something out to help pay expenses of road improvement. He said he would not want to see this cut off because of roads and her go bankrupt. Cruse said she understands everyone's concerns. She doesn't want to make the neighbors mad. She just wants to live in the country and have her dream. Pat Lake said her dream will destroy others dreams. The discussion by the public was closed. The board discussed what would need to be done to the roads including digging ditches and bringing in rock. Kimerer said it could be improved but it would take a lot of money. He said budgets are limited for townships. He said each township sets their mil levy each year but it does have a cap. He said he is all in on business but they need to look at the effect it will have. If there is a big rain event will emergency vehicles be able to access the venue if needed? Vice Chair Mike Koehn asked for a motion to table the case until applicant can get answers about the roads and other issues. Bell also suggested if home owners were concerned about their taxes to visit with the appraiser's office about the effects on their property values. They suggested that Darlington Township have a representative at the next meeting. Motion to table was made. HARVEY COUNTY PLANNING AND ZONING ADVISORY BOARD BOARD OF ZONING APPEALS June 4, 2019 Page 26 of 32 PagePage 46 3 of of 81 5 Conditions Director would like to see made if Conditional Use Permit is Passed Conditions that may be useful. 1.All appropriate beer/liquor licenses must be in place before alcohol is served. 2.Cooperation with the Township about road conditions is a must. 3.A Rural Water Meter for the venue. 4.On and off site signage will require a permit. 5.An appropriate insurance policy for the venue will be kept in force and a current copy will be sent to the Zoning office for the file. Item tabled for July 1, 2019 meeting. Wayne Alison made a motion to table the case until July 2, 2019 so information could be presented to answer questions. It would also give a chance for full board to attend. Duane Miles seconded the motion. Motion passed unanimously. 6.2 Proposed Renewable Energy Regulations A set of proposed regulations has been given to the board. These proposed regulations are a basic structure of what other counties are currently using. She said they may need to adjust it in the future but she would like to get something on the books soon. It was suggested that it be discussed at a meeting with no cases. She said she will try to set up a work session. Some errors were pointed out and will be corrected for the next discussion. 7. OLD BUSINESS None 8. ADJOURNMENT The meeting was adjourned at (8:30) p.m. 8.1 Motion to adjourn Carol Buller made a motion to adjourn. Jack Bender seconded the motion. Motion passed unanimously. George A. 'Chip' Westfall, Chairperson Ron Krehbiel, Member HARVEY COUNTY PLANNING AND ZONING ADVISORY BOARD BOARD OF ZONING APPEALS June 4, 2019 Page 27 of 32 PagePage 47 4 of of 81 5 Randy Hague, Member Rick Piepho, County Clerk HARVEY COUNTY PLANNING AND ZONING ADVISORY BOARD BOARD OF ZONING APPEALS June 4, 2019 Page 28 of 32 PagePage 48 5 of of 81 5 A Conditional Use Permit STAFF REPORT TO: Harvey County Planning Commission FROM: Gina Bell, Planning & Zoning Director RE: The applicant would like to have a wedding venue to hold up to 450 people DATE: June 4, 2019 CUP 19-04 The request is made for the following described property: The NW4 of the SW4 Sec 24 Twp 24 Rng 1E Said property is located at 10316 S Spencer A. The establishment, maintenance, or operation of the conditional use will not be detrimental to or endanger the public health, safety, comfort, or general welfare. This use would put more congested traffic on this road for short periods of time. The Drive is approx.. ¼ mile from Interstate 135. B. The uses, values, and enjoyment of other property in the surrounding area for purposes already permitted shall in no foreseeable manner substantially be impaired or diminished by the conditional use. Wedding venues are scheduled generally over the weekend. There will be more traffic as guests arrive. Guest generally leave in lessor amounts over long periods as the party comes to an end. C. The establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district, and will not represent an invasion of an inappropriate use. This use will not impede normal orderly growth. If things do not work out the building will just revert to a barn use or business. Any new business will need to come for approval. D. Adequate utilities, access roads, drainage and other necessary improvements are present on the site or planned to be made. Rural Water is on the property. The drive will access off Spencer RD. Just north of the Sedgwick/Harvey County line. Drainage will go toward the creek to the north and the creek to the south. They plan on the venue to be up on the hill. E. The conditional use shall conform to all applicable regulations of the district in which it is located. Yes, it will conform to all applicable regulations Page 29 of 32 Page 49 of 81 Staff Report - Conditional Use Permit 19-04 June 4, 2019 SUMMARY: The applicant is planning to build a beautiful venue. It is so close to I-135 and close to the county line it could bring weddings from Sedgwick County. Along with the new hotel being purposed at I-135 and 1st. Harvey County could benefit from tax revenue. This venue is going to hold 150 people more than the Balzar venue we approved last year. Staff Recommendation: There have been no questions from any of the neighbors at this time. This would definitely bring business and tax revenue to Harvey County. Tammy Cruze explains that they want to have a location that will accommodate 450 guests. That will mean that there will be a much more traffic every weekend. The Road Impact Fee of $4000 will apply to this new structure. Please remember if you are uncertain that the application can be tabled for more information. The Balzar venue is currently booked for 52 weeks of the year. So evidently, their business is doing well here. This property is just off I-135 which makes it convenient. Conditions that may be useful. 1. All appropriate beer/liquor licenses must be in place before alcohol is served. 2. Cooperation with the Township about road conditions is a must. 3. A Rural Water Meter for the venue. 4. On and off site signage will require a permit. 5. An appropriate insurance policy for the venue will be kept in force and a current copy will be sent to the Zoning office for the file. Traffic Study\ Stop Sign Copy of the Contract Any new owner would need to come in and review the CUP. 2 Page 30 of 32 Page 50 of 81 Page 31 of 32 Page 51 of 81 Page 32 of 32 Page 52 of 81 Agenda Item Report Board of Commissioners - Aug 27 2019 Prepared For Staff Contact Board of County Commissioners Anthony Swartzendruber, County Administrator Subject Consider Returning CDBG Funds to State of Kansas Background Information Several years ago Harvey County received Community Development Block Grant (CDGB) funds from the State of Kansas to create a Harvey County Micro-Loan Program. SCKEDD has been the administrator of the funds, providing reporting to the State of Kansas on a semi-annual basis. The last loan issued through the program was to Those Blasted Signs in 2013. Since this time, all loans have been repaid. SCKEDD reminded the County that the State of Kansas expects the funds to be loaned out or returned to the State. SCKEDD also indicated that the State had made changes to the micro-loan program, making it a less desirable loan. This includes the fact that a public hearing at a County Commission meeting is required and that other micro-loan programs are more user friendly. In following up with SCKEDD, the Harvey County Commission can dissolve the program with a majority vote, and then send a check for the remaining balance to the State of Kansas' CDBG Program. Recommendation Staff recommends dissolving the Harvey County Micro-Loan Program, and returning the current balance of CDBG funds back to the State's CDBG Program. Anthony Swartzendruber, County Administrator Approved - Aug 22 2019 Dan Bronson, Assistant Administrator/Director of None Finance Page 1 of 1 Page 53 of 81 RESOLUTION NO. 2019-19 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF HARVEY COUNTY, KANSAS APPROVING THE FORM OF BOND AGREEMENT AMENDMENT NO. 2 AND SUPPLEMENTAL LEASE, AMENDING AND SUPPLEMENTING A CERTAIN BOND AGREEMENT AND LEASE ENTERED INTO BY THE COUNTY IN CONNECTION WITH THE ISSUANCE BY THE COUNTY OF ITS INDUSTRIAL REVENUE BONDS, SERIES A, 2009 AND ITS TAXABLE INDUSTRIAL REVENUE BONDS, SERIES B, 2009 (BIGS PROPERTY, L.L.C). BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF HARVEY COUNTY, KANSAS: Section 1. Approval of Form of Bond Agreement Amendment No. 2. That (a) the form of Bond Agreement Amendment No. 2, to be entered into between Harvey County, Kansas (the "Issuer") and Union Bank & Trust Company, Omaha, Nebraska (the “Bank” and "Bondowner"), and consented to by Bigs Property, L.L.C. (the "Tenant") amending a Bond Agreement, dated as of the Issue Date of the Bonds, among the Issuer, the Tenant and the Bank, entered into in connection with the issuance by the Issuer of its Industrial Revenue Bonds, Series A, 2009 and its Taxable Industrial Revenue Bonds, Series B, 2009 (jointly, the “Bonds”), and (b) the form of Supplemental Lease, to be entered into by the Issuer and the Tenant, amending a Lease, dated as of the Issue Date of the Bonds, among the Issuer and the Tenant, entered into in connection with the issuance by the Issuer of the Bonds, are hereby approved in substantially the form presented to the governing body concurrently with this Resolution. Section 2. Authorization to Execute and Deliver Documents. The Chairman and County Clerk are hereby authorized to execute and deliver on behalf of the Issuer the Bond Agreement Amendment No. 2 , the Supplemental Lease and any other documents or certificates as may be necessary or desirable to carry out the provisions of this resolution upon receipt of the original documents signed on behalf of the Bank by a duly authorized officer, and consented to or signed by the Tenant. Section 3. Effective Date. This Resolution shall take effect from and after its adoption by Board of County Commissioners of the Issuer. 600284.20048\RESOLUTION Page 54 of 81 Adopted by Harvey County, Kansas this 27th day of August, 2019. HARVEY COUNTY, KANSAS By: ______George A. Westfall, Chairman ______Ron Krehbiel, Commissioner ______Randy Hague, Commissioner [SEAL] ATTEST: By: ______County Clerk 600284.20048\RESOLUTION 2 Page 55 of 81 BOND AGREEMENT AMENDMENT NO. 2 THIS BOND AGREEMENT AMENDMENT NO. 2, is effective as of September 1, 2019 among the Board of County Commissioners of HARVEY COUNTY, KANSAS, a political subdivision (the “Issuer”); UNION BANK & TRUST COMPANY (the “Bank” and “Bondowner”); with the consent of BIGS PROPERTY, L.L.C., a Kansas limited liability company (the "Tenant”). Recitals A. The Issuer, Tenant and Bank are parties to a Bond Agreement as amended and supplemented by Bond Agreement Amendment No. 1 effective April 7, 2014 (jointly, the “Bond Agreement”), dated as of the Issue Date of the Bonds, in connection with which the Issuer’s governing body adopted a resolution authorizing the Issuer to issue its Industrial Revenue Bonds, Series A, 2009 (Bigs Property, Inc.) in the aggregate principal amount of $1,160,000, and its Taxable Industrial Revenue Bonds, Series B, 2009 (Bigs Property, L.L.C.), in the aggregate principal amount of $940,000 (jointly, the “Bonds”), for the purpose of acquiring, constructing and equipping a manufacturing facility (the “Project”). B. Pursuant to Section 9 of the Bond Agreement, the parties desire to further amend and supplement the Bond Agreement as provided herein. Agreement NOW, THEREFORE, in consideration of the foregoing recitals, the covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties, intending to be legally bound, agree as follows: 1. Capitalized Terms. All capitalized terms not otherwise defined shall have the same meanings as in the Bond Agreement. 2. Ratification of Bond Agreement. The Issuer, the Bondowner and the Tenant each acknowledges and confirms that the Bond Agreement, as amended by this Bond Agreement Amendment No. 2, is in full force and effect as of the date hereof and that none of them knows of the existence of any default under the Bond Agreement. 600284.20048\BOND AGREEMENT AMENDMENT NO 2 Page 56 of 81 3. Amendments to Bond Agreement and Form of Bond. (a) The following amendment shall be made to the form of the Series A, 2009 Bond, which is attached as Exhibit A-1 to this Bond Agreement Amendment No. 2. (i) The interest rate will change from 3.42% to 3.72% per annum, and the “Final Maturity Date” will change to September 1, 2024. (b) The following amendment shall be made to the form of the Series B, 2009 Bond, which is attached as Exhibit A-2 to this Bond Agreement Amendment No. 2. (i) The interest rate will change from 6.85% to 4.99% to 4.60% per annum, and the “Final Maturity Date” will change to September 1, 2024. (c) Except as expressly amended herein, the terms of the Bond Agreement and the Bond shall remain unchanged and in full force and effect. 4. Consent of the Bondowner. Bondowner hereby represents and warrants that they are collectively the Owner of 100% of the aggregate principal amount of all Outstanding Bonds as of the date hereof. Bondowner hereby acknowledges that, except as expressly amended herein, the Bond Agreement and all related documents shall remain in full force and effect. [Remainder of page intentionally left blank] 600284.20048\BOND AGREEMENT AMENDMENT NO 2 2 Page 57 of 81 IN WITNESS WHEREOF, the parties hereto have caused this Bond Agreement Amendment No. 2 to be executed. HARVEY COUNTY, KANSAS By: ______George “Chip” Westfall, Chairman [SEAL] ATTEST: By: ______Rick Piepho, County Clerk ACKNOWLEDGMENT STATE OF KANSAS ) ) COUNTY OF HARVEY ) This instrument was acknowledged before me on the _____ day of ______, 2019 by George “Chip” Westfall, Chairman of the Board of County Commissioners of Harvey County, Kansas, a political subdivision. ______[SEAL] Notary Public My Appointment Expires: ______Typed or Printed Name of Notary Public ______ 600284.20048\BOND AGREEMENT AMENDMENT NO 2 3 Page 58 of 81 UNION BANK & TRUST COMPANY By: ______Authorized Officer ACKNOWLEDGMENT STATE OF NEBRASKA ) ) COUNTY OF DOUGLAS ) This instrument was acknowledged before me on the _____ day of ______, 2019 by ______, Vice President of Union Bank & Trust Company, Omaha, Nebraska. ______[SEAL] Notary Public My Appointment Expires: ______Typed or Printed Name of Notary Public ______ 600284.20048\BOND AGREEMENT AMENDMENT NO 2 4 Page 59 of 81 CONSENT OF TENANT TO BOND AGREEMENT AMENDMENT NO. 2 Bigs Property, L.L.C., hereby consents to Bond Agreement Amendment No. 2 and hereby acknowledges compliance by the Issuer with the provisions of Section 9 of the Bond Agreement. BIGS PROPERTY, L.L.C. By: ______Authorized Officer 600284.20048\BOND AGREEMENT AMENDMENT NO 2 5 Page 60 of 81 GILMORE & BELL, P.C. 8/16/2019 HARVEY COUNTY, KANSAS AS ISSUER AND BIGS PROPERTY, L.L.C. AS TENANT SUPPLEMENTAL LEASE DATED AS OF SEPTEMBER 1, 2019 600284.20048\SUPPLEMENTAL LEASE Page 61 of 81 SUPPLEMENTAL LEASE THIS SUPPLEMENTAL LEASE is effective as of September 1, 2019, among the Board of County Commissioners of HARVEY COUNTY, KANSAS, a political subdivision (the “Issuer”) and BIGS PROPERTY, L.L.C., a Kansas limited liability company (the "Tenant”), and supplements a Lease between the same parties made as of the issue date of the Bonds described below (the “Original Lease”). WHEREAS, the parties have heretofore entered into the Original Lease covering the property described in Section (a) of Schedule I attached hereto and made a part hereof; and WHEREAS, all of such property is included within the term "Project" as used in the Original Lease and in this Supplemental Lease (the Original Lease, as supplemented and amended, including by this Supplement Lease, herein referred to as the “Lease”); and WHEREAS, the Project and all rentals due under the Lease were pledged to secure payment of the Industrial Revenue Bonds, Series A, 2009 (Bigs Property, L.L.C.) in the aggregate principal amount of $1,160,000, and its Taxable Industrial Revenue Bonds, Series B, 2009 (Bigs Property, L.L.C.), in the aggregate principal amount of $940,000 (jointly, the “Bonds”), for the purpose of acquiring, constructing and equipping the Project located on the Land described in Schedule I; and WHEREAS, pursuant to Section 28.1 of the Original Lease, the parties desire to amend and supplement the Lease, as provided herein, with the consent of the Owner of all Outstanding Bonds. NOW, THEREFORE, in consideration of the premises, of other good and valuable consideration, and of the mutual benefits, covenants and agreements herein contained, the parties hereto further supplement the Original Lease and agree as follows: Section 1. Definitions. The definition of “Basic Term” is amended to read as follows: “Basic Term” means that term commencing as of the delivery of the Lease and ending on September 1, 2024, subject to prior termination as specified in this Lease, but ending, in any event, when all of the principal of, redemption premium, if any, and interest on all Outstanding Bonds shall have been paid in full or provision made for their payment in accordance with the provisions of the Bond Agreement.” Section 2. Ratification and Confirmation of Original Lease. Except as expressly modified in this Supplemental Lease, the Original Lease and the covenants therein contained are hereby ratified and confirmed by the parties as of the date of this Supplemental Lease and shall continue to apply to the Bonds. (THE REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK) 600284.20048\SUPPLEMENTAL LEASE Page 62 of 81 IN WITNESS WHEREOF, the Issuer has caused this Supplemental Lease to be signed by an authorized official, such signature to be attested by an authorized officer, and its official seal to be applied, as of the date first above written. HARVEY COUNTY, KANSAS By: ______Chairman [SEAL] ATTEST: By: ______County Clerk "ISSUER" ACKNOWLEDGMENT STATE OF KANSAS ) ) SS: COUNTY OF HARVEY ) This instrument was acknowledged before me on the day of ______, 2019, by George “Chip” Westfall, Chairman, and Rick Piepho, County Clerk, of Harvey County, Kansas, a political subdivision. [SEAL] ______Notary Public My Appointment Expires: ______ 600284.20048\SUPPLEMENTAL LEASE 2 Page 63 of 81 IN WITNESS WHEREOF, the Tenant has caused this Lease to be signed by an authorized officer, as of the date first above written. BIGS PROPERTY, L.L.C. By: ______Title: Managing Member "TENANT" ACKNOWLEDGMENT STATE OF ______) ) SS: COUNTY OF ______) This instrument was acknowledged before me on the day of ______, 2019, by Kevin B. Vaughan, Managing Member of Bigs Property, L.L.C., a Kansas limited liability company. [SEAL] ______Notary Public My Appointment Expires: ______ 600284.20048\SUPPLEMENTAL LEASE 3 Page 64 of 81 CONSENT OF BONDOWNER TO SUPPLEMENTAL LEASE Union Bank & Trust Company, Omaha, Nebraska, as the owner of 100% of the outstanding Harvey County, Kansas Industrial Revenue Bonds, Series A, 2009 (Bigs Property, L.L.C.) and Taxable Industrial Revenue Bonds, Series B, 2009 (Bigs Property, L.L.C.), hereby consents to this Supplemental Lease, and hereby acknowledges compliance with the provisions of Section 28.1 of the Original Lease UNION BANK & TRUST COMPANY By: ______Authorized Officer 600284.20048\SUPPLEMENTAL LEASE 4 Page 65 of 81 SCHEDULE I DESCRIPTION OF PROPERTY The following property acquired by Harvey County, Kansas (the "Issuer") in connection with the issuance by the County of its Industrial Revenue Bonds, Series A, 2009, Series B, 2009 and Series C, 2009 (Bigs Property, L.L.C.) (collectively, the "Bonds"): (a) The following described real estate in Harvey County, Kansas: Parcel 1: Beginning at a point on the East line 234.5 feet North of the Southeast Corner of the North Half of the Northeast Quarter of Section 24, Township 23 South, Range 1 West of the 6th P.M.; thence parallel to the South line of said North Half of the Northeast Quarter 669.38 feet; thence North 250 feet; thence East 671.19 feet to the East line of said Section; thence South along the East line of said Section 250 feet to the point of beginning, Harvey County, Kansas. Subject to public road. Parcel 2: Lots 1 through 8, Block A, I-135 INDUSTRIAL PARK, a subdivision in the Southwest Quarter of Section 16, Township 24 South, Range 1 East of the 6th P.M., Harvey County, Kansas (formerly described as: A portion of the Southwest Quarter of Section 16, Township 24 South, Range 1 East of the 6th P.M. more particularly described as follows: Commencing at the North Corner of said Southwest Quarter; thence with an assumed bearing of N89°52'48"E along the North line of said Southwest Quarter 1682.65 feet for a POINT OF BEGINNING; thence continuing with a bearing of N89°52'48"E along the North line of said Southwest Quarter 786.12 feet to the West right of way line of Interstate Highway I-135; thence bearing S01°49'21"W along the West right of way line of Interstate Highway I-135 a described distance of 1573.49 feet to a deflection point; thence bearing S12°03'48"W along the West right of way line of Interstate Highway I- 135 a described distance of 304.10 feet to a deflection point; thence bearing S20°20'14"W along the West right of way line of Interstate Highway I-135 a described distance of 704.70 feet to a deflection point; thence bearing S86°17'14"W along the Westerly right of way line of Interstate Highway I-135 a described distance of 375.80 feet to a deflection point; thence bearing N89°53'46"W parallel to the South line of said Southwest Quarter along the Westerly right of way line of Interstate Highway I-135 a described distance of 400.00 feet to a deflection point; thence bearing S00°06'14"W 75.00 feet to the South line of said Southwest Quarter; thence bearing N89°53'46"W along the South line of said Southwest Quarter 202.11 feet; thence departing said South line bearing N01°29'25"E 1408.32 feet; thence bearing N22°48'50"E 1323.11 feet to the point of beginning, Harvey County, Kansas). said real property constituting the "Land" as referred to in the Lease entered into by the Issuer concurrently with the issuance of the Series A, 2009, Series B, 2009 and Series C, 2009 Bonds (the "Lease"), subject to the following ("Permitted Encumbrances"): 600284.20048\SUPPLEMENTAL LEASE S-1 Page 66 of 81 1. Mortgage executed by Kevin B. Vaughn, Member of Bigs Property, LLC, a Kansas limited liability company to Union Bank & Trust Company, to secure the sum of $2,272,500, dated July 10, 2009 and recorded July 16, 2009 in Mortgage Book 566, Page 632 in the office of the Register of Deeds of Harvey County, Kansas. (Parcels 1 &2) 2. All easements, encumbrances and rights-of-way of record. (b) All buildings, building additions, improvements, machinery and equipment constructed, located or installed on the Land, all or any portion of the costs of which were paid from the proceeds of the Issuer's Series A, 2009, Series B, 2009 and Series C, 2009 Bonds, and which constitute "Improvements" referred to in the Lease, together with any substitutions or replacements therefor, the property described in paragraphs (a) and (b) of this Schedule I together constituting the "Project" as referred to in the Lease. 600284.20048\SUPPLEMENTAL LEASE S-2 Page 67 of 81 Section 16.14 COMMERCIAL RENEWABLE ENERGY PROJECT (CREP) CONDITIONAL USE APPLICATION, REVIEW AND APPROVAL CRITERIA FOR A COMMERCIAL RENEWABLE ENERGY PROJECT FOR THE ZONING REGULATIONS OF HARVEY COUNTY, KANSAS. NOTE: See Section 9.04 in the A-1 Agricultural District Harvey County, KS for a CREP as a Conditional Use. A. PURPOSE. The purpose of this statement is to outline required information for application of a Conditional Use and review and approval criteria for a Commercial Renewable Energy Project (CREP). A Development Plan is to be submitted with the application. These criteria are written to: 1. Assist the Applicant and relevant authorities; 2. Provide details of the CREP; 3. Provide information so individuals may gain an understanding of the CREP; 4. Provide a basis for public discussion and informed comment on the CREP; 5. Identify significant environmental, social, cultural, and economic effects related to the CREP; and, provide a background on which decision makers will consider the project. 6. Information in the Application and Development Plan shall be as current as possible at the time of submission. Where information is unavailable or not yet finalized, estimates and/or alternative options shall be provided and noted as estimates or alternatives. Not all matters in the criteria are relevant to all aspects of a project. Only those matters relevant to the particular project need be addressed. B. INTENT. These criteria are intended to: 1. Address major issues associated with the project; however, they are not all inclusive. 2. Issues not listed may be deemed significant and issues may emerge as significant (studies, public input) during the course of review. 3. These criteria are not intended to regulate the installation of the smaller individual private wind energy conversion systems. (See Section 9.03 (28)) 4. The Development Plan shall be written in a style that is easily understood by the general reader. Technical terminology shall be avoided as much as possible. Detailed technical data, statistics and supplementary information required to support the main text is to be included as appendices. All sources of information are to be referenced, and must be current. Information presented as maps, diagrams or plans is preferred as it is generally easier to understand. 5. Close consultation with the Zoning Administrator during preparation of the Development Plan is highly recommended. More than one draft may be required before it is considered suitable for presentation to the Planning Commission These requirements specify the maps, information surveys and studies that must be submitted as part of the Conditional Use application. The County may adjust the standards for future projects based on the results of monitoring avian collisions; the success or failure of remedial actions 1 Page 68 of 81 required in the decommissioning process; and with the changing technology in wind generated electricity. If approved, the Conditional Use shall encompass the perimeter of the proposed CREP. One application, with landowner's signatures(s), shall be required for all the land located within the perimeter of the Conditional Use. C. KEY ISSUES. Key issues relating to a CREP are listed below. These issues include, but are not limited to: Land Use Electromagnetic Interference Magnetic Fields Visual Impact Reception Interference Noise Cultural Heritage Bird Migration / Strikes Native Vegetation / Weeds Endangered Species Cumulative Impact Soil Erosion Wildlife Habitat Water Quality Public Health and Safety Infrastructure/Roads Decommissioning / Restoration / Removal Aviation / Lighting/FAA Financial Surety Agreement D. POWER PURCHASE AGREEMENT (PPA). Approval of a Conditional Use does not authorize construction of the project until the Applicant has obtained a Power Purchase Agreement (PPA) for the electricity to be generated by the CREP. The Applicant shall advise the Administrator when it obtains a PPA and shall provide such documentation confirming said agreement. Unless an alternate timeline is determined as a condition attached to the approved Conditional Use on a case by case basis, the PPA must be obtained within one year of the date of publication of the Resolution for the Conditional Use. This one year period may receive up to a 6-month extension upon written request by the Applicant and subsequent approval by the Board of County Commissioners. In the event the Applicant does not obtain a PPA within the 12 to 18 month time span, the Resolution effectuating the Conditional Use shall automatically become null and void. E. REQUIREMENTS FOR CONDITIONAL USE PERMIT. Conditional Use approval shall include, but not be limited to the following requirements for a CREP: 1. Communication lines and power collection lines are to be installed underground in the area covered by the Conditional Use. Said lines are to be located under or at the edge of Renewable Energy Equipment access roads. Above ground, transmission lines may be used only in public rights of way or easements. If, however, there is documented evidence by the Applicant that there are specific existing and potential circumstances in the area affected by physical, environmental and economic situations which may justify alternative construction above ground for such installations, 2 Page 69 of 81 consideration may be given to modifications of the above standards in all or a part of the area to mitigate such concerns. Such modifications shall be specifically described in a condition attached to the approval of the conditional use. 2. A Power Purchase Agreement (PPA) and a surety bond for deconstruction purposes must be approved and accepted before any Zoning Permit is issued for construction to begin. 3. Applicant shall apply for a building permit prior to the construction of each Renewable Energy Equipment installation or for a number of installations being constructed concurrently. 4. Transportation routes used for construction shall be coordinated with the Harvey County Road Superintendent and Township Officers. A road agreement must be approved before any Building Permit is issued for construction to begin. 5. Applicant shall be held liable for any damage to County or Township roads or rights of way resulting from renewable energy construction, deconstruction and/or maintenance activity. 6. If lubricants and/or hazardous materials are needed to be located on the premises in connection with the CREP, said materials shall be kept and transported in accordance with all state and federal regulations. 7. At the end of the project’s useful life, equipment shall be removed from the site and the foundations shall be removed to a depth of four feet below the ground surface and the area removed and filled with four foot of soil which is reasonably similar in quality to that of the original excavation. Access roads shall be removed to the landowner's satisfaction, and the ground shall be reseeded in native grasses. The requirement to remove access roads shall not apply to roads in existence before the CREP application was filed. The landowner may choose to have access roads left intact. 8. An owner, lessee or occupant of agricultural land is not liable for property damage caused by or resulting from prescribed burning conducted on the land owned by, leased by or occupied by the person if the prescribed burning is conducted under the procedures established by the Kansas State University Research and Extension and in accordance with the burn policy of Harvey County. 9. A CREP shall not be located in the 100-year flood plain as designated on a Flood Insurance Rate Map (FIRM), unless there is no alternative upon the property under consideration for the said proposed use. 10. A certified structural engineer or certified structural engineering firm selected by the Applicant and approved by Harvey County, shall conduct all necessary inspections on each Renewable Energy Equipment. Inspections shall include, but not be limited to; foundation, structural assembly, mechanical and electrical. Documentation regarding each approved inspection shall be submitted to the Zoning Administrator before advancing to the next step of construction. 11. All expenses of the said engineer or engineering firm shall be the responsibility of the Applicant or holder of the Conditional Use. Harvey County, its officers, agents and employees shall be held harmless from any and all claims, costs, liabilities, damages or expenses, including costs of suits and fees and expenses for legal services on account of any damages claimed by any third party, including such claims by agents or employees of said third party, arising from any approval or non- approval of any inspection. 12. If the Conditional Use is to be transferred from, one party to a different party, said transfer must first be approved by the Board of County Commissioners. First party shall inform the second party of 3 Page 70 of 81 the surety bond and all other requirements of the Conditional Use. The second party or new holder of the Conditional Use shall meet the surety bond requirements and all other requirements of the Conditional Use. The County Commissioners may direct the Administrator and/or a designated person to field inspect the Conditional Use project to determine current compliance with required conditions. A transfer fee of $100.00 per Renewable Energy Equipment shall be paid to the County. 13. The applicant shall supply to the Zoning Administrator prior to Conditional Use application for a CREP a letter from the Kansas Department of Wildlife and Parks (KDWP) attesting to the fact that no threatened or endangered species as designated by the Kansas Nongame and Endangered Species Conservation Act of 1975 and amendments thereto, shall be negatively affected by the construction and operation of said wind farm. If affected, the applicant shall provide a copy of the "Action Permit" issued from the KDWP for the proposed use. 14. CREP site location must be within the A-1, Agricultural Zoning District. F. ADDITIONAL REQUIREMENT SPECIFIC TO WIND ENERGY Renewable Energy Equipment Location Requirements: 1. No Renewable Energy Equipment shall be located closer than 500 feet or the total height of the Renewable Energy Equipment plus 50 feet, whichever is greater, from public roads. 2. No Renewable Energy Equipment shall be located closer than 500 feet or the total height of the Renewable Energy Equipment plus 50 feet, whichever is greater, from lot lines of any property not included in the Conditional Use. 3. No Renewable Energy Equipment shall be located closer than 2000 feet from an active residential building. 4. Renewable Energy Equipment shall be located no closer than the total height of the Renewable Energy Equipment plus 50 feet from an accessory structure. 5. An active residential building located within the 2000 feet area described above may be located within that area if the property owner supplies a properly signed and executed waiver form that will be supplied to the Applicant and filed with the Conditional Use application. 6. Total Renewable Energy Equipment height is defined as the height of the structure supporting the Renewable Energy Equipment, plus the height of the rotor blade at its highest point, measured from the elevation of the ground surface at the base of the tower. 7. Lowest point of the rotor blades shall be at least 82 feet above ground level at the base of the tower. 8. There shall be no lights on the towers other than those required by the minimum standards of the Federal Aviation Administration (FAA). Lighting shall consist of dual lighting equipment with daytime white lights and nighttime red lights only. No high intensity or nighttime strobes shall be permitted. These restrictions shall not apply to infrared heating devices used to protect the wind monitoring equipment. 9. Structures for wind Renewable Energy Equipment shall be self-supporting tubular towers painted a neutral color such as a white or pale gray. No lattice-type structure or other non-reflective designs that would provide perches for avian predators shall be used. To promote visual uniformity, the rotors, nacelles and towers in an array should appear similar. No logos or advertisements are allowed on these structures. Each Renewable Energy Equipment shall be marked with a visible identification number located no higher than 15 feet above ground level. 4 Page 71 of 81 10. Applicant shall take reasonable measures to correct deficiencies in radio and television reception in or near the project area shown to be caused by the project. CREP shall operate in conformance with the Federal Communications Commission (FCC) regulations. 11. Applicant shall take reasonable measures such as planting trees, installing awnings, etc. to mitigate specific adverse visual impacts such as reflections, shadow flicker and blade glint affecting residences within or immediately adjacent to the project area. G. CONTENTS OF CREP DEVELOPMENT PLAN. 1. Introduction: This section shall provide information on the following: a. Name of the project. b. Phases of construction (if applicable). c. Maps showing vicinity and project location. One at 1:100,000 scale and one at 1:2,000 scale (U.S.G.S. scale), in paper and electronic form. d. Name, address and phone number of the developer and similarly for the contact person. An overview of the company from the developer providing relevant information regarding qualifications and experience in commercial wind energy development and environmental management history of the company. e. Relevant background information on the project, including a general overview of the project location, time frame and project life, phases of development, likely markets for electricity produced and possibilities for future expansion. f. Reasons for the choice of this location. g. Adopted environmental guidelines and industry codes of practice that will be followed if approved. h. An inventory of existing wildlife, endangered species, wetlands and other biologically sensitive areas within the site. i. Archeological reconnaissance survey within the site that will be impacted by the construction or operation of the CREP. Survey shall be provided to the State Historic Preservation Office (SHPO) to determine if cultural resources are present. Any unrecorded cultural resources that are found shall be evaluated for integrity and potential listing on the State Historic Site Survey and/or the National Register of Historic Places. Undocumented resources that are eligible for listing on the National Register of Historic Places shall be avoided. All archaeological investigations shall meet the SHPO standards and guidelines. j. An estimated economic cost/benefit analysis describing the impact on the local economy in respect, but not limited to, construction and permanent jobs, taxes, electricity generated, tourism, infrastructure and emergency services. 2. Site Plans: A Site Plan with the following specifications shall be submitted: a. Scale of 1" = 2,000'; b. Scale and north point (up); 5 Page 72 of 81 c. Name, address and phone number of landowner(s), land developer and designated contact person; d. Boundary of the entire site including delineation of individual landowners, if applicable, and boundary of area affected by Conditional Use; e. Acreage of site and point(s) of access to the project; f. Topography with contours at intervals of 20 feet; g. Adjoining streets with names and location of nearby railroads and airports; h. Transmission lines i. Active residential buildings within 2000 feet of the site boundary; j. Natural and man-made features on the site including woodlands, creeks, wetlands, etc.; k. Wind characteristics (histograms) and dominant wind directions; l. Schematic location of Renewable Energy Equipment, electric collector and feeder lines, electrical equipment, maintenance roads and other associated facilities; m. Proposed setbacks of all structures from the boundary lines; n. Boundaries of any 100-year floodplain as identified on the Federal Insurance Administration's "Flood Hazard Boundary Maps" of Harvey County, Kansas; and o. Show the location and purpose of any underground pipelines and other utility easements. 3. General Construction Document Requirements: Applicant shall provide: a. General- General description of major components and onsite facilities. Renewable Energy specifications, transmission line and accessory facilities such as control rooms, transformers, substations, maintenance facilities, underground infrastructure and interior access roads. The number, location, capacity and dimensions of the Renewable Equipment shall also be included. 4. Construction — (On-site) a. Prior to the start of, and continuously throughout construction and site restoration, Applicant shall designate a field representative responsible for overseeing compliance with the conditions of the Conditional Use. Said representative shall be accessible by telephone during normal business hours. Address, phone number and emergency phone number shall be provided to the Zoning Administrator and 911 Emergency services and shall be available to residents, officials and other interested persons. Applicant is required to notify the Administrator and 911 Emergency services should they change their designated representative. b. A description and general schedule of major construction activities for the Renewable Energy Equipment, transmission lines and accessory structures related to the CREP. c. An outline of any proposed site preparation involving removal of vegetation and restoration of the site due to construction. d. The volume and designated route for traffic generated during the construction phase, including oversized and heavy equipment. 6 Page 73 of 81 e. Applicant shall inform all employees, contractors and others involved in the construction of the CREP of the terms and conditions of the Conditional Use. f. If environmental conditions not previously identified are discovered during construction, the Applicant shall have the right to move or relocate a Renewable Energy Equipment site, once the Zoning Administrator is notified of such, only if the discovery would, by law, prevent such use. 5. Construction — (Off-site) a. Any new infrastructure or off site accessory structures required for the project to progress shall be described, including the following: b. Requirements for new transportation infrastructure and/or upgraded, realigned or new road. c. Changes to electrical substations. d. Requirements for the realignment of other utilities affected by the project. 6. Operation and Maintenance a. Operation and maintenance requirements (including frequency of maintenance activities) for the Renewable Energy Equipment and transmission lines. b. Width of transmission line easements required and any restrictions necessary on land use, development and access within said easement. 7. Mitigation Measures: a. Applicant shall address the following potential environmental effects and shall provide plans to mitigate each: 1. Overview of existing environment information shall include data regarding: 2. Flora — vegetation species, threatened species (officially listed), critical habitat and habitat conditions for such species. 3. Fauna — species, habitat assessment, threatened species (officially listed), migratory species, critical habitat and habitat conditions for such species. 4. Geo-conservation — sites of geo-conservation significance listed on the state/national database. 5. Conditional Flood Hazard Zones. 6. Applicant shall disturb or clear the site only to the extent necessary to assure suitable access for construction, safe operation and maintenance of the CREP. 7. Applicant shall minimize the removal of trees and shall not remove groves of trees or hedgerows (shelterbelts) without approval of the affected landowner. 8. On cultivated land, Applicant shall minimize compaction of the land during all phases of the CREP's life. Compaction shall be confined to as small an area as practical. 9. During site clearance and construction, silt fences and other temporary erosion controls 7 Page 74 of 81 shall be installed and left in place until new native vegetation covers the bare ground around the Renewable Energy Equipment. 8. Roads a. Public Roads 1. Applicant shall identify all County roads that will be used for the CREP and shall notify the Harvey County Road and Bridge Department and Township to determine if it needs to inspect the roads prior to their use. Where practical, existing roadways shall be used for all activities associated with the CREP. 2. Applicant and the Board of County Commissioners shall enter into a road agreement for maintenance and repair of roads subject to the extra wear and tear due to transportation of equipment and Renewable Energy Equipment components. 3. Applicant shall be held liable for any damage to County and Township roads or rights of way resulting from tower construction, deconstruction and/or maintenance activity. 4. Applicant shall not be held responsible to maintain or repair a road to a condition better than what existed before Applicant began using it for CREP purposes. b. Renewable Energy Equipment Access Roads 1. Applicant shall construct the smallest number of Renewable Energy Equipment access roads as necessary. 2. Access roads shall be low profile roads so farming equipment can cross them. 3. Where an access road is to cross a stream or drainage way, it shall be designed and constructed so runoff from the upper portions of the watershed can readily flow to the lower portions of the watershed. 4. Where an access road is to cross a stream or drainage way, Applicant must follow the regulations pertaining to building a structure in a floodplain zone of the Federal Emergency Management Agency, the State of Kansas and the floodplain management regulations Harvey County, Kansas. 9. Soil Erosion, Sediment Control and Storm Water Runoff a. Applicant shall develop a Soil Erosion, Sediment Control and Storm Water Runoff Plan. b. The above plan shall address what types of erosion control measures will be used during each phase of the project. It shall identify plans for: 1. Grading 2. Revegetation to ensure slope stability. 3. Construction and drainage of access roads and Renewable Energy Equipment pads. 4. Necessary soil information. 5. Restoring the site after temporary project activities. 6. Design features to maintain downstream water quality. 10. Soil Erosion, Sediment Control and Storm Water Runoff Plan shall also include practices regarding: 8 Page 75 of 81 1. Disposal or storage of excavated materials. 2. Protecting exposed soil. 3. Stabilizing restored material and removal of silt fences or barriers when the area is stabilized. 4. Maintenance of erosion controls throughout the life of the project. 11. Cleanup Applicant shall remove all waste and scrap that is the product of construction, operation, restoration and maintenance from the site and properly dispose of it upon completion of each task. Bottles, paper and other litter deposited by site personnel shall be removed on a daily basis. 12 Fire Safety a. Applicant shall identify the potential fire risk associated with the project, including both prescribed burning and non-prescribed burning (natural or accidental). This shall include fire within the site, escape from the site and the effects of fire originating from outside the site. Also address high angle rescue. b. It is important to be aware of the fact that prescribed burning or range burning may be a common practice in the area. Mitigation plans are to show how the Renewable Energy Equipment are protected from fire within the site and from fire originating from outside the site. Best source information is the Kansas State University Research and Extension office located in Harvey County Courthouse. c. "Prescribed Burning" is defined as the controlled application of fire to naturally occurring or naturalized vegetative fuels under specified environmental (weather) conditions in accordance with a written prescription that: d. Is designed to confine the fire to a predetermined area and to accomplish planned land management objectives; and, e. Conforms to the standards established by the Kansas State University Research and Extension office in the Harvey County Courthouse 13. Water a. Surface water Applicant shall identify effects of the CREP and methods to be used to migrate these effects, if any. b. Ground Water 1. Applicant must demonstrate that the CREP is consistent with the objectives and requirements of all relevant water management policies of the County including: 2. Protection of the quality and quantity of the areas ground water resources. 3. Maintenance of existing ground water quality. Of the highest concern; the Equus Beds in western Harvey County. This is the water source for over half a million people. There is currently a salt plume that exists in the Aquifer, any disturbance could make the contamination migrate. 4. The applicant will gain approval of the location and plan with the Equus Beds 9 Page 76 of 81 Groundwater Management District No.2 prior to application for the CUP. 14. Air Quality Applicant shall submit a plan to control dust on Commercial Renewable Energy Equipment access roads, especially during construction. Harvey County is a partner within the Air Quality Improvement Task Force. 15. Noise The maximum sound level permitted for a CREP at any time shall not exceed 60 decibels (A-weighted) measured at five feet above ground level at the boundary of the Conditional Use property and shall not exceed 50 decibels (C-weighted) if it is determined that a pure tone noise is generated by the project. Renewable Energy Equipment shall be moved or modified or removed (and decommissioned) from service if necessary to comply with this condition. 16. Land Use and Development Applicant shall identify potential effects in terms of constraints or benefits the CREP may place on the current or future use of the land within the project site and the surrounding area. The extent of any limitations due to public health and safety risks shall be specifically addressed, and, the effects on the following activities shall also be addressed: Existing or proposed tourist or recreation activities Agricultural activities Local and regional tourism Residential activities Commercial activities Industrial activities 17 Electromagnetic Interference a. Applicant shall not operate the CREP and its associated facilities so as to cause microwave, television, radio, telecommunications or navigation interference contrary to Federal Communications Commission (FCC) regulations or other law. b. In the event the CREP and its associated facilities or its operations cause such interference, Applicant shall take timely measures necessary to correct the problem. H. DECOMMISSIONING / RESTORATION I ABANDONMENT. 1. Decommissioning Plan: a. Applicant shall submit a Decommissioning Plan describing the manner in which the CREP will be dismantled and removed from the site at the end of its useful life. All above ground components of the CREP shall be removed. Foundations shall be removed to four feet below ground level and the area removed filled with four foot of soil which is reasonably similar in quality to that of the original excavation. Remainder of foundation may be left intact. Access roads shall be removed to the owner's satisfaction. b. Applicant shall submit an Escrow Account / Surety Bond / Insurance Policy in an amount approved by the Board of County Commissioners as reasonably necessary to restore the site to its pre-CREP topography and reasonably similar soil quality. The bond amount will be reviewed every 5 years and adjustments made if necessary. The 10 Page 77 of 81 purpose of this account / bond / policy is to assure removal of all improvements subject to the Conditional Use at the end of the project's life, or in the event of abandonment of the CREP. c. Abandonment shall include any one year period following delivery by certified mail of written notice of abandonment to the owner of record when a completed, Renewable Energy Equipment does not produce any electric energy and there is no demonstrated plan to restore the equipment to operating condition. d. Upon termination of the aforesaid one year period, abatement shall proceed as set forth in these criteria. The Board of County Commissioners may require Applicant or Holder of Conditional Use to decommission any abandoned Renewable Energy Equipment. e. At the end of the CREP's useful life, or if the CREP is abandoned, the site shall be restored in accordance with the requirements of this condition within 18 months. I. MONITORING AND REVIEW. This section shall provide an outline of a monitoring, review and reporting program for each part of the project. Details shall include any pre-construction monitoring / studies, sites to be sampled, sampling procedures, the parameters to be analyzed, frequency of sampling and reporting. A Site Plan showing sampling locations is required. J. EXTRAORDINARY EVENTS. Within 48 hours of an occurrence, the Applicant shall notify the Zoning Administrator of any extraordinary event. Extraordinary events include: 1. Collapse. 2. Renewable Energy Equipment failure. 3. Kills of threatened or endangered species. 4. Thrown / broken blade or hub. 5. Collector-feeder line failure. 6. Discovery of an unexpectedly large number of dead birds of any variety on site. 7. Injured worker or citizen. 8. In the event of extraordinary avian mortality, the Applicant shall within 30 days of the occurrence submit a report to the Administrator, the Kansas Department of Parks and Wildlife, and the U.S. Fish and Wildlife Service describing the cause of the occurrences and the steps taken to avoid future occurrences. K. TRANSFER OF CONDITIONAL USE. Conditional Use shall not be transferred from one party to a different party without approval of the Board of County Commissioners. Applicant shall advise the Board and the Zoning Administrator, in writing, of a requested approval. All new Conditional Use holders shall be required to meet the same conditions as the original Applicant. The new Conditional Use Holder shall also meet the surety bond / escrow requirement to insure the CREP is decommissioned and removed to Conditional Use specifications at 11 Page 78 of 81 the end of the projects useful lifespan or in case of abandonment. L.. REFERENCES. This section shall provide details of authorities consulted, reference documents, etc. M. APPENDICES. All detailed technical information that supports the Development Plan should be included in appendices. The most important features of the appendices shall be included in the main body of the Plan. N. FINANCIAL AGREEMENT. 1. Bond, Escrow Account or Surety Agreement. (Use of the term "bond" hereafter refers to the financial agreement chosen whether it be a bond, escrow account or surety agreement.) a. Applicant shall obtain a surety bond naming Harvey County, Kansas as payee in a form acceptable to the Board of County Commissioners. Applicant shall maintain said bond through the lifespan of the Renewable Energy Project. Bondholder shall provide the County annual notification of bond status. Bondholder shall also provide the County 30-days written notice of any cancellation thereof. b. In the event the Applicant or Conditional Use Holder is in noncompliance or default due to nonpayment, the County shall have the right to call said bond and use it for decommissioning purposes. Should there be any remaining balance; the County shall have the right to withhold refund payment until the decommissioning process is completed to the County's satisfaction. 2. Liability on Termination or Expiration. a. In the event of termination of this Conditional Use for any reason, the Conditional Use Holder shall remain liable to the County for any expense incurred by the County that is above and beyond what is covered by the bond, escrow account and/or surety agreement. b. Conditional Use Holder shall remain liable to the County for any unspent funds, the expenditure or use of the funds in a manner or for a purpose not authorized by this agreement and/or damages as a result of any breach of this agreement by the Conditional Use Holder. c. The County shall have the right, at any time prior or subsequent to any remedies, including seeking injunctive or other equitable relief, to enforce the provisions of this agreement and/or recover funds, which are unspent, expended or used in an unauthorized manner or for an unauthorized purpose and/or damages sustained by the County as a result of any breach of this agreement by the Conditional Use holder. 3. Non- liability. Nothing in the financial agreement or otherwise shall impose any liability or duty whatsoever on Harvey County or any of its agencies, including, but not limited to any liability for taxes, wages or any other employee benefits for any person or entity. Contractors, suppliers or consultants accepting and relying on documents, materials and other information from the Applicant or Conditional Use Holder will do so on their own responsibility and at their risk. 12 Page 79 of 81 O. ADMINISTRATION AND ENFORCEMENT It shall be the duty of the Harvey County Planning and Zoning Administrator to administer and enforce the requirements prescribed in these Regulations. Applications for permits and variances shall be made to the Administrator upon a form published for that purpose. Applications required by these Regulations submitted to the Administrator shall be promptly considered and granted or denied. Application for appeals or variances shall be forthwith transmitted by the Administrator. P. APPEALS: 1. Any person aggrieved, or any taxpayer affected, by any decision of the Planning and Zoning Administrator made in the administration of these Regulations may appeal to the Harvey County Board of Zoning Appeals 2. All appeals hereunder must be taken within the time provided by the Harvey County Board of Zoning Appeals. By filing with the Planning and Zoning Administrator a notice of appeal specifying the grounds thereof. The Planning and Zoning Administrator shall forthwith transmit to the Harvey County Board of Zoning Appeals. All papers constituting the record upon which the action appealed from was taken. 3. An appeal shall stay all proceedings in furtherance of the action appealed from unless the Planning and Zoning Administrator certifies to the Harvey County Board of Zoning Appeals. After the notice of appeal has been filed by reason of the facts stated in the certificate a stay would in the opinion of the Planning and Zoning Administrator cause imminent peril to life or property. In such case, proceedings shall not be stayed except by the order of the Harvey County Board of County Commissioners on notice from the Planning and Zoning Administrator and on due cause shown. 4. The Harvey County Board of Zoning Appeals shall fix a reasonable time for hearing appeals, give public notice and due notice to the parties in interest and decide the same within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney. 5. Harvey County Board of Zoning Appeals may, in conformity with the provisions of this Regulation, reverse or affirm, in whole or in part, or modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as may be appropriate under the circumstances. Q. JUDICIAL REVIEW: Within 30 days any person aggrieved by any decision of the Harvey County Board of Zoning Appeals, pursuant to this Regulation may maintain an action in District Court. R. PENALTIES FOR VIOLATION: Penalties shall be the same as established for violations of the Harvey County Zoning Regulations. S. CONFLICTING REGULATIONS: Where there exists a conflict between any of the regulations or limitations prescribed in 13 Page 80 of 81 these Regulations any other regulations applicable to the same area, whether the conflict is with respect to the height of structures or trees, the use of land, or any other matter, the more stringent limitation or requirement shall govern and prevail. T. SEVERABILITY: If any section; clause; provision; or portion of this resolution is adjudged unconstitutional or invalid by a court of appropriate jurisdiction, the remainder of this resolution shall not be affected thereby. 14 Page 81 of 81