BOONE COUNTY PLANNING & ZONING COMMISSION
BOONE COUNTY GOVERNMENT CENTER
801 E. WALNUT ST., COLUMBIA, MO.
Thursday, August 19, 1999
Chairperson Kirkpatrick called the meeting to order at 7:00 p.m., with a quorum present. Roll Call was taken by Secretary Sloan.
Present: Keith Kirkpatrick, Chairperson Missouri Township
Mary Sloan, Secretary Rocky Fork Township
James Green Cedar Township
Mike Morgan Bourbon Township
Pat Smith Perche Township
Frank Abart Public Works Director
Absent: Vacant Centralia Township
Darin Fugit, Vice-Chairperson Columbia Township
Also present: Stan Shawver, Director Thad Yonke, Staff
Bill Florea, Staff Noel Boyt, Staff
Commissioner Sloan made and Commissioner Smith seconded a motion to approve the minutes of July 15, 1999, meeting with no corrections.
Motion passed by acclimation.
Chairman read procedural statement.
Chairman Kirkpatrick announced that Review Plan for Lake of the Woods Center would move to the beginning of the agenda and the CUP for quarry would follow.
Request by Gary and Virginia Evans to approve a revised Review Plan for
Lake of the Woods Center located at 5800 St. Charles Rd.
Thad Yonke gave staff report stating that this proposal is a review plan for a portion of a commercial development located at the intersection of St. Charles Road, Clark Lane, and Lakeview Drive. The planned portion is located approximately 300 feet east of the intersection. The site is located approximately 1/4 mile east of the Columbia City Limits. The property is currently zoned C-GP (planned commercial) which was rezoned in 1994. A previous review and final plan were approved for the property. The current proposal will void the original review and final plan. A new final plan is required. The review plan encompasses approximately 6.5 acres of the total 16.42 acres of the development. This commission last month granted a preliminary plat approval with conditions. This review plan contains lots 3,4,5, 12, and parts of lots 2 & 6 of the preliminary plat. The zoning to the west of the proposal, including the remainder of this development and the property to the west across St. Charles Road, is C-G and is an original 1973 zoning. The property to the northwest, that of proposed Lakewood Mall Phase 1, is zoned C-GP. It was approved in 1996. The portion that is phase 2 is zoned R-M (residential moderate density) until the approval of a final plan. The zoning to the north is C-N (neighborhood commercial) rezoned in 1974 and R-S (residential single family) an original 1973 zoning. The property to the east is zoned REC (recreational) and is an original 1973 zoning. The property to the south between the proposal and I-70 is zoned C-G as is the western portion of the property to the south across I-70. The western portion across I-70 is zoned R-S with a pending rezoning to ML-P (planned industrial) pending a review & final plan approval. This property is subject to a pre-annexation agreement with the City of Columbia and as such is required to meet all City of Columbia standards and obtain city approvals in addition to still being required to meet the county standards. The responsible departments of the City of Columbia will need to approve all applicable, plats, plans, site diagrams, including the Landscaping Plan prior to issuance of a building permit for the site and in some instances prior also to issuance of occupancy. Water service will be provided by the City of Columbia. There is currently a 6" waterline along St. Charles Road. Fire hydrants will be required within this planned area at spacings and with fire flows that will need to be approved by the water provider, fire district, and city fire departments. Sewage treatment is proposed to be from a connection to the BCRSD facility that is being completed as part of the Pin Oak NID sewer project. The BCRSD requires a sewer availability study be submitted with or prior to any final plans or plats. The proposed uses of the review plan are all uses of the C-G district with those listed as conditional uses being required to obtain conditional use permits. Lots 4 & 5 are proposed to specifically be allowed to have mini-warehouses and as such are not required to obtain a CUP for this specific use as it is being specifically proposed as part of this review plan. The development is specifically prohibiting bottling works, railroad spur tracks, truck terminals, travel trailer parks, and concrete plants. The commission may wish to consider further restricting or prohibiting additional uses. Lot 12 as proposed does not meet the subdivision regulations. The entire lot or some portion of this lot must be transferred to the Putnam property in order for the development to comply with county regulation. Staff is continuing to work with the developer’s engineers to solve this problem. This issue must be resolved by the final plat stage. A traffic study has been provided and reviewed by PW. There are a number of off-site improvements required to mitigate impacts of this development. The first of these is to improve the area at the proposed intersection of Texaco Drive and St. Charles Road by adding turn lanes or other physical improvements to either or both Texaco Drive & St. Charles Road to the satisfaction of the Public Works and Planning Departments. The existing entry access easements, which roughly correspond to Texaco Drive, will need to be vacated. Sidewalks are required for this development. Additionally, the road design of the proposal may not meet many of the PW standards. These issues need to be addressed and possibly redesigned. This issue needs to be resolved to the satisfaction of the PW and Planning Departments. This plan has 78 points on the point rating scale.
There are a number of issues that still need to be worked out, but Staff recommends approval subject to all the following conditions being imposed:
Brian Harrington, Allstate Consultants, P. C., 3312 Lemon Industrial Blvd., Columbia came forward. He stated they had been working on the project a few months. They agreed with the staff’s comments and had been working with the staff and Public Works Dept. to address the traffic issues and have an approved plan for the widening of St. Charles. Their clients had already poured one approach for the left turn lanes.
Chairman Kirkpatrick asked if they were in agreement with the staff’s recommend conditions. Mr. Harrington agreed and said yes.
Open to the public. No one spoke in favor or opposition to the request. Closed to public hearing.
Chairman Kirkpatrick asked Commissioner Abart if he had in questions or comments. Commissioner Abart stated that this had been an ongoing project. They had been working in cooperation with the developer. They had already made several changes and they have adopted several recommendations so he did not see any problems.
Commissioner Sloan made and Commissioner Smith seconded motion to approve the request by Gary and Virginia Evans to approve a revised Review Plan for Lake of the Woods Center located at 5800 St. Charles Rd.
Mary Sloan yes Pat Smith yes
Keith Kirkpatrick yes Jim Green yes
Mike Morgan yes Frank Abart yes
Motion to approve request was unanimous. 6 yes
CONDITIONAL USE PERMITS
Request by Mertens LLC, Mertens Construction Co. Inc., and Mid-Missouri Limestone, Inc.
to operate an existing quarry on 53 acres, and expand the existing quarry onto an adjoining
233.25 acre tract. Additional request is made to allow a temporary portable asphalt plant.
This property is located at 1801 W Williams Rd., Sturgeon.
Bill Florea gave staff report stating that this site is located on Williams Road and Creed Road, approximately 14 miles north of Columbia and 6 miles southwest of Sturgeon. It is currently zoned A-2 (Agriculture) as is all of the surrounding land. This site is within the Sturgeon R-5 school district and Public Water District No. 10. The application includes an area that has operated as a quarry in the past. That use appears to have been in existence at the time zoning went into effect in 1973. Since that time, the quarry has closed and re-opened on several occasions. According to the zoning regulations, land uses that are eligible for a conditional use permit are not strictly considered to have rights as a non-conforming use. Instead, such uses should apply for a conditional use permit. Department records do not indicate that such a permit was ever issued, though records show that in 1974, a conditional use permit was issued for a temporary asphalt plant at the quarry. The request under consideration is for a conditional use permit to operate the existing quarry, a permit to expand the quarry, and a permit for a temporary asphalt plant. The master plan designates this area as being suitable for agricultural land uses. The proposed conditional use is consistent with the master plan. Seventeen property owners were notified about this request.
Staff recommends approval of this request, but is concerned by several factors that should be considered by the commission.
Staff recommends approval of this request with the following conditions:
Staff recommends that the same conditions apply to the temporary asphalt plant, with the following additions:
Skip Walther, attorney with office at 700 Cherry, Columbia, MO came forward. He stated he was representing Mid-Missouri Limestone, Inc., along with Mertens LLC. Mid-Missouri Limestone is the company that will operate and is operating the quarry known as Riggs Quarry, also known as Dodd’s Quarry or the Sturgeon Quarry. The best they can tell, the quarry has been operating for decades. The request tonight is for the Conditional Use Permit application. This was not only for the existing operation but also for a number of acres that lie to the north. He showed an aerial photo of the area outlining the subject area. The area to the north of the quarry is all agricultural land. There is an existing structure on the property but it is not being used at this time. The request is to allow their existing operation to expand to the north away from Williams Road. There is property that has been leased but is not subject to the CUP application he pointed out on the aerial photo. There are 4 tracts he pointed to the NE, E, SW and W side of the property. Three are being leased and the 4th tract of 40 acres they have an option to purchase the property. They wanted to obtain the property and use it as buffer property. That area is not included in the CUP and they have no intention to use it for quarry purposes. They believed there is a great public interest in having the quarry (at this location) with the ability to expand. He passed around aerial photos of the property and surrounded property.
The property is close to North Hwy. 63. He said there was a road construction project for said highway. He said it was one of the most important if not the most important road project in the state of Missouri because of the history of Hwy 63 with respects to accidents. His client had the state contract to supply rock for the North 63 expansion. It is supplying rock as he speaks. One of the problems the neighbors are experiencing now steams from the truck traffic that is exiting the quarry and going to Hwy. 63. The distance is only a couple of miles. The options available to the project if rock were not available from their quarry would be to haul rock from quarries in Moberly or Columbia. Any of the quarries could supply rock but supplying rock from such a distance, the trucks would have to go up and down Hwy. 63 to get to the job site. The benefit to the public of this quarry having this contract to supply rock is the relative short distance the trucks would have to go from the quarry to the job site.
They have also asked for a portable asphalt plant. The portable asphalt plant confined exclusively to the North Hwy. 63 expansion project. It would be temporary asphalt plant and the Zoning Ordinance requires them to identify the job for which the plant would be used. The bids had not been let yet so they do not know who the successful bidder would be. If they win the bid, and get the CUP they could supply asphalt to the job site. They have calculated the total truck miles to deliver the amount of asphalt for that project from Columbia would be @ 80,000 truck miles. From their quarry it would be @ 30,000 truck miles which would save Hwy 63 @ 50,000 truck miles. It is true that the traffic would have to go down Williams Road. It is true it will be a burden on Williams Road. His client has every intention and desire what ever he can to keep and maintain Williams Road in the condition it was in before any of their contracts were let.
They think there is somewhat a safety issue if trucks are involved. Trucks are routed up and down Hwy 63 that creates a safety issue. From an economic issue, if you have to truck the asphalt and the rock from their quarry and not from Moberly or Columbia the bidder is going to save a lot of money in travel time and expense associated with it. He presumed that the savings would be passed along to the State, which is responsible for paying the contractor, consequently the job cost to the State of Missouri and to the taxpayers would be reduced if that were the case.
Mr. Walther continued saying Mr. Russell Dodd started the quarry decades ago and operated it for decades and has hired subcontractors or other independent contractors to operate the quarry when he didn’t run it himself. The quarry has been around for a long time. Williams Road has been around for a long time. Williams Road has acted as the conduit between the quarry and any destination for the rock and asphalt. Whatever traffic problems exist today have existed for decades. Whatever dust problems exist today have existed for decades. The quarry is in the business of blasting, mining and crushing rock. That business has been going in this exact location for decades. The neighbors who have lived around there have had to deal with it for decades. This is not a request where they are coming into an area blind, cold where this has not happened before. He spoke of another quarry to the southeast of their quarry that is currently owned by Boone Quarries, which is owned by the Harold Johnson Family. That quarry has not operated for a long time but he understood it was a larger quarry and also used Williams Road. Williams Road has been a quarry road going through Riggs, out to Hwy 63 for an awful long time.
They did think they had a right to operate this quarry as of today without a Conditional Use Permit. They believed they are "grandfathered" in and believe they have a right to operate the quarry. The Zoning Ordinance was first passed in 1973 and the quarry has been the recipient of a number of rock contracts since that time. The quarry is right now under contract with Boone County Public Works to supply rock to Boone County. They believe they have an existing lawful use and he thought the county also thought that way. He said the quarry and the neighborhood had co-existed for a long time and they think they can co-exist.
Chairman Kirkpatrick asked clarification of the request. Mr. Walther said they intentionally included the existing 53 acres in the CUP -- which was his decision. He understood there would be restrictions or conditions placed on the CUP for the quarry expansion and the company wanted to show good faith by having those conditions imposed upon the 53 acres also. The only way to do this is to include the original acreage in the request.
Commissioner Abart wanted to know the correct number of acres for the request. Director Shawver stated the application was for the existing quarry (53acres) to expand the quarry onto the 233 acres and a portable asphalt plant.
Commissioner Green asked if the quality of rock out of the quarry equal to the quality of rock out of Columbia or Jefferson City? Commissioner Green stated it bothered him that the quarry had been opened and closed, open and closed over a number of years. Mr. Walther wanted to address the opening and closing. He wanted to present testimony that the quarry never closed. A lot of time a quarry will blast, crush and stockpile rock and then sell it. A lot of portable crushers are used in multiple locations, depending on economic or market conditions. It is not feasible to leave a crusher in one spot when there is not a demand for that rock or rock in that area. The crusher is moved to another location. Rock is stock piled and sold. In the meantime there is not blasting, no crushing and essentially no mining going on but there are sales going on. Once the stockpiles are reduced and there is a demand for rock, the crusher is brought back and the mining operation is brought back and that is what he thought has happened. It has been a period of several years where no blasting and no crushing has been done. There are several reasons for that but it is not necessarily true to conclude that the quarry has closed. As to the quality of rock, he did not know how to compare the rock to the other quarries.
Commissioner Morgan asked about the road since it had been used for the quarry during operations and they could not see any problems with the way it is now. Morgan asked if he had ever driven across the low water crossing when there is on coming traffic? Mr. Walther said he did not mean to say there was nothing wrong with the road, there are problems with the road. Commissioner Morgan asked if they were willing to make improvements on it? Mr. Walther said his clients were willing to make a proposal and have been in communications with some county representatives but are willing to make it public tonight. With respect to low water crossing he did not know what they could be done because of the problems associated with building a bridge. There was a dust problem on the road. His client has been trying to get the contractor used by the county to come out and apply oil to the road. His client would promise upon the approval of the CUP tonight or August 31, they would donate whatever rock needed to upgrade Williams to 100’ feet past the entrance into the quarry to Old 63. They would donate the rock to improve the road or expand it.
Commissioner Smith asked about the quarry not following State laws regarding the blasting and storage of the hazardous materials. Mr. Walther said Doug Mertens would comment on that, but essentially all quarries in the United States have to abide to the Federal Regulations. MSHA (Mine Safety Health Administrations he thought) have rules and regulations that regulate mines and explosives in mines. They have always complied with MSHA regulations. The State of Missouri within the last ten (10) years passed state laws creating state regulations. One of the requirements is a report to be filed to the State of Missouri whenever explosive agents are stored on property. The property was purchased in 1993 and conducted no blasting operations until 1997. In 1997 and 1998, some blasting operations through the use of an independent contractor who brought explosives to the site and at the end of the day took the explosives with them. Therefore no explosives were stored on site in either 1997 or 1998. This year in producing rock for the State contract they began storing their own explosives on site and was required to file a report with the State of Missouri, but failed to do so. That was a mistake they made. Boone County Assistant Fire Chief Ken Hines, notified them of the error and they corrected it immediately. That was an unintentional oversight on their part that was corrected immediately.
Chairman Kirkpatrick asked an overview of the company involved in the request. Mr. Walther said that the Mertens’ families who live in Kingdom City own all MERTENS L.L.C., Mertens Construction and Mid-Missouri Limestone. Ken Mertens is the father and his son’s help him operate this company. They currently operate eight (8) quarries throughout the state of Missouri. They have operated quarries for the last 22 years and today are operating a total of eight. Mr. Ken Mertens has been in the quarry business for 22 years and successfully operated quarries since that time. He has been in the construction business for 44 years.
Earl Moughler, 235 W. Cedar, Kahoka, MO came forward. Mr. Walther asked if Mr. Moughler used to work for Kaiser Company. Mr. Moughler said he worked for Kaiser for 41 years out of Des Moines, Iowa. Kaiser Company had 14 quarries they operated and had five (5) sand pits in the state of Missouri and Iowa. Mr. Walther asked if he assisted in operating the Riggs Quarry, also known as the Sturgeon Quarry? Mr. Moughler stated yes, he was the field office manager from 1987 to 1992 at the Sturgeon Quarry. His responsibilities were to collect materials, see to the delivery and sold the materials. Anything to do with the field operation of the rock quarry. Mr. Walther asked in his duties, did he personally observe the condition of the quarry in 1987 when his company began operating. Mr. Moughler said yes, he did. Mr. Moughler agreed that the company leased the property from Mr. Dodd. He continued that very little rock remained in stockpile in 1987. Mr. Dodd had a loader, scale and scale house on site. Mr. Dodd had been recently selling rock from the stockpile. Mr. Walther asked if he could tell of the rock being mined in the two years prior to 1987. Mr. Moughler said yes, the rock ledges were white indicating recent blasting, and there were signs showing that the stockpile areas had been filled up with rock. In 1987, Mr. Moughler said his company moved in. It took awhile to get the operation going so they only mined a little bit in 1987. Mr. Walther asked if they did mine rock in 1988, 1989 and 1990? Mr. Moughler said yes. Mr. Walther asked if they were awarded part of the Boone County rock contracts in 1989 and 1990? Mr. Moughler agreed rock was mined and delivered out of the Riggs quarry. Mr. Walther asked if he could estimate the number of tons per year his company mined on an average basis? Mr. Moughler said it would have been 50,000 tons per year. Mr. Walther asked for the number of blasts during the mining season? Mr. Moughler said they were blasting two (2) maybe three (3) times per week during the mining season, which was about a three (3) to four (4) month season. The stockpiles were built up and they did not blast any from 1990 to 1992. Then in 1992 they sold out of the stockpiles. Mr. Walther asked if 1990 did they also stop crushing rock? Mr. Moughler said yes.
Mr. Walther said up till 1990 they were blasting, crushing and basically creating stockpiles of rock. Mr. Moughler agreed. He stated that the rock piles were built up until 1992 when they sold out of stockpiles. Then in 1992 they left the quarry. Mr. Walther asked for Mr. Moughler to give the Commission an idea of the amount of rock they had mined to the amount of rock that had already been mined prior to 1987. Mr. Moughler said they had mined 10% of the total taken out of the quarry. Mr. Walther asked when the rock was taken out of the quarry was Williams Road used? Mr. Moughler said yes, and they maintained it working with the county. Mr. Walther asked if from 1987 to 1990 when they were actively blasting and crushing rock, did the neighbors ever complain about the operation? Mr. Moughler said they had very few complaints. One complaint he knew of was because of the dust on the road.
Kenneth C. Mertens, 710 W. 7th Street, Fulton, MO, came forward. He said he was President of Mertens Construction Co., Inc and of Mid-Missouri Limestone, Inc. They had been in the construction business for 44 years and in the quarry business for 22 years. They had grown from one quarry to this being the ninth (9th) one. He said they had never experienced an accident in any shape or form in blasting. They are trying to get details worked out regarding the dust situation and how to improve it.
Commissioner Sloan asked how long have they been taking rock for Hwy. 63? Mr. Mertens said a week. Commissioner Sloan asked about supplying rock for Hwy 63 prior to that. Mr. Mertens said no, they were supplying rock to individuals. They currently have a contract with Boone County to supply rock for the northern portion of the county. They are one of the sub-contractors for Hwy 63. The contract was awarded to them several months ago, just recently were they supplying the rock.
K. Doug Mertens, 804 W. 7th Street, Fulton, MO came forward. He wanted to discuss the facility. He had spoken to Boone County Public Works Dept. and had permission to do some spot repairs to Williams Road. They will be repairing the road and the soft spots in the road and then dust control from 100’ south of their entrance all the way to Hwy. 63. They would maintain this during heavy hauls that would impact the neighbors. They have tried to have dust control but have not had much success. He stated they had maintained all of their land reclamations, stormwater, and statewide permits from the commencement of activity. He had not heard any concerns issued from any of the agencies he has reviewed the site with.
Open to the public hearing in support of the request.
Harry Lenenbauer, 2051 SRM, Kingdom City, (Callaway Co.) MO came forward. He has property near to the quarry that Mertens operates in Millersburg. He was in town on other business when he found out about the hearing. He said they had been very good neighbors. Any dust problems, they took care of. Any fencing problems, they took care of. He has known the family for a number of years and what Mr. Mertens says, he will do. His family is very dependable.
John Payne, 10951 I 70 Dr. NE, Columbia came forward. He was addressing the Commission as a property owner. He was not representing any other property owners. He did have property within ½ mile of this property and recently sold property off the corner of Creed and Williams Road, which he owned for about a year. It is common knowledge they had two quarries up in the area. The one on the East Side of Hwy. 63 south of Breedlove and this one. He personally felt that what the Mertens’ company was requesting would not be harmful to this area either in environmental issues or in value of property. He owned four (4) fairly new pieces of property within a stone throw of Johnson’s Quarries off of Stadium. He had not noticed any problems with regard to blasting, foundation, structure, dust or noise. He owned property within a stones throw from Medusa’s Quarry and he has handled property that backed up to Medusa’s Quarry. In his experience, there never has been any problems with the property structurally or noise with either of those quarries. He is assuming with 300+ acres, there would be less problems. He was very familiar with the Millersburg Quarry the Mertens’ family has operated for a long time and was personally exposed to it for over 25 years. Over the years he saw a lot of houses crop up on the edge of the quarry. People would not be coming there and building new houses in the area if they felt there was a negative effect because of that quarry. Mr. Payne said he had known Kenny Mertens and had contracted work from them. He added that if Kenny gave his word he would full fill it. As a real-estate broker in the state of Missouri for over 25 years he did not feel there would be any negative effect to the property values.
Gerald Sims, 13850 Hwy 63 North, Hallsville came forward. He said he was one of the older land owners in the area around the quarry. He could recall the quarry being open and operating in 1945 at which time Russell Dodd was operating it. At different times Land Construction Co was there, Central Stone was there, Russell Dodd operated it off and on at different times and then Kaiser Quarries was there. He felt there was adequate buffer zones with the trees and brush for the CUP to be approved. He was a dump trucker so he knew how well they are liked. No matter where they go they get complaints. So it is up to the law to force them to slow down. Not the Mertens to oversee the road as far as speed is going. This company is the only one in Boone County that is crushing state concrete rock. They all have state asphalt rock but this company supplies state concrete rock to Boone County for several years.
Opposition to the request.
Director Shawver offered into the record two (2) letters from Shon and Trudy Pulley that were sent to Missouri Department of Conservation and Boone County Planning and Zoning Commission in opposition to the request.
David Rogers, attorney with office at 813 E. Walnut, Columbia came forward. He was representing the Riggs community. Mr. Rogers said absolutely, positively without a doubt the Mertens’ Company does not have grandfather rights. Mr. Walther admitted in front of the Riggs community that they did not do any blasting in 1996 and 1997. Mr. Rogers said he advised him that after one year you loose grandfather right, Mr. Walther stated they intended to us it as a quarry. He said he intends to be a millionaire, but he was wearing a nine (9) year old suit. What a person intends does not make any difference in a situation like this. Either it is being operated as a quarry or it is not being operated as a quarry. As far as doing rock sales, that can be done in any commercial district. You do not have to have a Conditional Use Permit for a quarry to do rock sales. This operation right now is an illegal use. If turned down, he would go to Courthouse and close them down as far as proceeding as a non-conforming use. They also (until yesterday) were storing dynamite on the property improperly. Somehow that "kinda" takes a little of the taste out of the experience of nine (9) quarries. If they do not know how to store dynamite and/or get permits to store then they may not be in the right business of being a quarry. These two areas together represent what he consider a scoff law attitude. They were going to run their quarry whether the county likes it or not is the attitude they have been doing. And going to run it or not if the neighborhood likes it or not. He said you turn them down, and he will shut them down.
The quarry is terribly tough on a neighborhood. It is tearing up the road and it creates dangerous traffic. They are talking about this greenbelt around them but basically the quarries he has seen have a white belt
around them. The quarry has been running seven (7) days per week, blasting and crushing rock. In the week or two they have been back in operation, there have been five (5) broken tombstones in the Riggs Cemetery.
If the Planning and Zoning Commission approves the request, he asked that the conditions stated in the staff report be part of the approval. But as far as giving them 18 months to take care of the road, please have a concrete road from 100’ from the quarry entrance all the way to Hwy 63 and at the expense of the applicant.
Paul Nilson, 201 W. Williams Road, Sturgeon came forward. He said he could not prove it was the quarry that effected the tombstones but they had been standing 50 to 100 years. The roads go without question. Dust and condition of the road is in terrible shape. The last quarry said they took out 50,000 tons per year, it seems like the Mertens are doing that every day now. Mr. Nilson said that when Kaiser wanted an asphalt plant they were able to get it voted down. He said he did not want an asphalt plant in his back yard, it is not healthy. The trucks right now are not healthy but the asphalt would be worse.
Shon Pulley, 2202 W. Williams Road, Sturgeon came forward. Mr. Pulley said he only had time at work to write the letter and that is why it was on the University’s letterhead. He wanted to go over points in his letter for the Commission. First point being environmental issues. There was a large aquifer below the Riggs area. He read from his letter. The second letter was to the Missouri Department of Conservation asking for an environmental review. Mr. Pulley said that at the meeting the Mertens held the quarry spoke about digging down 200’ to reach the rock they need. This becomes an issue when talking about the aquifer and springs in the area.
They speak of oiling in front of his house, which they have done in the past that lasted only two (2) days. How many gallons of oil will be put on this road to keep the dust down during the course of the project and what kind of environmental impact will it have in water supply etc.
Asphalt plant and crushers will have difficulty in meeting the ambient air quality standards if they were located less than 1500 feet from the property line according to the Air Emissions branch of the Department of Natural Resources. He was wondering exactly where the equipment would be placed. Safety has been brought up many times. In the winter and in the spring when the road is wet, it is essentially a one (1) lane road and there is not enough room to be run off the road by the trucks.
The noise issue, they can hear the trucks roaring through at 6 o’clock in the morning. He said the notice requirement sent was to residences of 1000’ but it will effect any residences living on Williams Road, Creed Road, Riley Road, Old No. 7, Blakemore, Vorrheis and Oak Grove School Road. They heard the argument it would not effect their property values but in talking to local realtors and the Boone County Assessor they both agreed that property values would decline.
Mr. Pulley asked if the quarry did in fact have a mining permit for the existing 53 acres. The permitting office of the US CORP of Engineers told them they were permitted to operate 26 of the existing 53 acres of the quarry. In the meeting the other night, the quarry people were asked how many acres were they permitted and they advised "all of it" but in fact their permit is only for 26 acres. Are they operating out of the 26 acres or in fact expand with out permit for the entire 53 acres?
Commissioner Sloan asked Mr. Pulley if when he purchased the property was he aware of the quarry? Mr. Pulley said he was aware of the quarry but it was inactive in the summer of 1995.
Allen Hoefelman 2400 Creed Road, just north of the expansion area came forward. Two nights ago at the meeting at Riggs church Mr. Mertens said there was enough rock in the existing quarry to last through the remainder of his lifetime. If that is the case, why are they worried about expanding it? In regards to the blasting, he had noticed his windows rattling and items knocked off shelves. A few years ago in the 80’s he actually had gravel come down on the roof of his house. He thought that was an illegal blast because state and federal government requires blast pads to be used. Mr. Walther assures all the laws would be followed by the Mertens but it seems that a number of laws have already been broken regarding to the operation of the quarry, he is still concerned regarding future blasting and other items.
Don Johanning, 2520 Williams Road, Sturgeon came forward. He said he had been there since 1994 and works for an aggregate producer and he knows what trucks can do to roads. The present contract with the state is for 100,000 tons. In terms of an average of 16 ton loads going out the road and the truck ranges from 51,000 to 64,500 lbs. going up and down the road. In that 100,000 ton of rock there will be 6250 trips loaded out the road and he did not think Williams Road could take that. When he moved there in 1994, Williams Road could barely support the traffic the neighbors gave it. Regarding the asphalt contract, they are looking at 180,000 tons of asphalt material out on the road. That would result in 11,050 loads – loaded. And the trucks would come back empty. Of that 180,000 tons, approximately 25% of the raw material for it will have to be hauled in. Then you are talking about the heavy trucks caring oil, hydrated lime trucks in tractor trailer deliveries of 80,000 lbs. per loads being their legal limits. He did not think Williams would be ready for 80,000 lb. loads. In all total, the trucks in and out 20,312 trips would be loaded so to get out it would be over 40,000 round trip. Williams Road is used to 4,000 and 6,000 lb. vehicles being passenger cars or light trucks. The oil used for dust control will not give the road any support.
Lesa Lichtenstein, 2506 W. Williams Road, Sturgeon came forward. She said that Williams Road needs to be taken care of the other way from her home. She has witnessed the trucks coming by her house which is south of the quarry. She is 40’ off of the road and when the trucks go by the dust goes over her house. She will never be able to have her windows open, will not be able to drive down the road with windows open and the school bus has to contend with the trucks. She heard that the County does not have to put ditches along the road but when it rains it floods 2’ to 3’ of each side of the road. She asked what they were going to do for the road towards her house? The trucks really bother her. If there are two trucks going down the road, a vehicle has to completely stop because you can not see. They moved into the area in 1989 and never heard anything about the quarry in operation. They were told the quarry did not have good rock and was closed down.
Mr. Rogers spoke from the audience and asked everyone in opposition to the request to please stand. Approximately 45 people stood.
Eldon Olson, 18717 Old Hwy 63 N, came forward. He said his property was approximately ¾ mile due east of the rock quarry. He said he had come to the Commission seven (7) years ago when he asked to operate a small trucking company. They built a shop there. Back then, they ran a truck or two out of the quarry but nothing to the magnitude that comes out today. He said the traffic is from 6 o’clock in the morning to 6 o’clock in the evening and they are on old Hwy 63N, the county put down three inches (3") of blacktop five (5) or six (6) years ago and that blacktop is going to pieces very rapidly. He understood the quarry had no control over the trucks, but they are driving so, so fast.
Jan Bell, 1125 W. Creed, Sturgeon came forward. She lives at the corner of Creed and Williams Roads. Webster’s Dictionary defines a nuisance as a person or thing causing annoyance or trouble and preventing one from full enjoyment of a pleasure as of your freedom and your quiet.
She said the Mertens Quarry in the past couple of months has been a definite nuisance to their neighborhood. She said there is ½ mile of buffer between her and the quarry but when she goes outside at 6 o’clock in the morning to feed the animals she hears them loud and clear. Maybe they would not be able to see the equipment, but when it comes to dust or noise, it is there. She realized that once the trucks leave the property the quarry is not responsible for them but they are responsible for the fact that they are there. The trucks would not even be there if the quarry were not there. She did a survey on typical traffic. With 2 trips per day, 2 drivers per family, add a couple of teenagers, add 25 other vehicles (mailman and other) there would only be approximately 120 trips per day in their neighborhood. That is it. She and other residents along that road did not care if the road was asphalted; they would deal with the bad conditions in the winter and everything else. They did not want the truck traffic on it.
She said according to the Zoning Ordinance the Conditional Use Permit –(page 43) Section 15. A. (2) (a) "will not be detrimental to or endanger the public health, safety, comfort or general welfare."
She was very concerned when they found out the quarry was not registered with the Fire Department which was mentioned earlier with regards to the explosives. How can a company be in a mining business for 22 years and "forget" to register? She personally called the Dept. of Labor of Mine Safety of Rolla and they were not aware that the quarry was in operation. If the quarry had been in operation since 1993, the Dept of Mine Safety did not know anything about it. She said the potential loss of property values is an issue. She is a real-estate broker licensed in the state of Missouri for 28 years and has worked as an office manager for an appraisal firm for 16 years.
She said the Mertens stated the other night in the meeting that they wanted to be good neighbors. Why didn’t they start out being good neighbors. They have been blasting since 6 o’clock in the morning and she felt a blast at 6 o’clock in the evening and they are running Saturdays. A lot of the neighbors have horses and like to run them up and down the road but they can not do it. She passed seven (7) trucks in a row and could not see the next one coming.
Ms. Bell stated that when Russell Dodd opened the quarry in the 60’s or 70’ the area was almost all agriculture with very few home sites along Williams Road. So when the permit was granted and grandfathered in, no one was effected by it. But now homes have been built and it is a rural residential area.
Emily Brady, 455 Williams Road, Sturgeon came forward. They purchased 85 acres a year ago with a 15 acre lake. They built their dream home and are moving in. They knew there was a quarry on Williams Road but it seemed inactive. At 6 o’clock in the morning there is dust and noise from constant incoming and outgoing trucks that is non stop. She is all for the Hwy 63 expansion and supports it. An asphalt plant could even be placed at the site of work on Hwy 63. That has not been brought up as a possibility.
Steve Winters, 544 Pear Tree Circle, Columbia came forward. He owns 104 acres east of the quarry. They have plans to build. A couple of years ago he called the Kaiser Quarries, they were not operating, they would not sell any rock they were shut down. According to Kaiser they were not planning on reopening the property. He said he was actually turned down from trying to buy rock during the time the attorney said they were in operation. A lot of nice houses are out there and some of them are new.
George B. Robb II, 1451 W Creed Road Sturgeon came forward. He lives within 1000 yards of the quarry and has lived there for 30 years. He finds L C Mertens to be in disregard of the Boone Planning and Zoning Commission’s Zoning Ordinance regarding Conditional Use Permit –(page 43) Section 15. A. (2) a "will not be detrimental to or endanger the public health, safety, comfort or general welfare."
They have already been detrimental to public health, dust, lack of truck safety, which they say they are not responsible for. If he owned a business and bought liquor and went out and killed somebody, he would be responsible. If he ran a quarry (he is the project manager for Meyer Electric) and did not know the permit requirements for dynamite after he had run nine quarries, he would be selling shoes.
He said according to the Zoning Ordinance the Conditional Use Permit –(page 43) Section 15. A. (2) a "will not be detrimental to or endanger the public health, safety, comfort or general welfare." The noise times have been addressed; the starting times have been addressed. At the meeting the other night the neighbors were advised the quarry would start at 6 a.m. until when ever they wanted to all according to their needs. In Section 15. A. (2) b "will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted by these regulations." How do you have your children out to a place they grew up and try to have a bar-b-q in the peace and serenity when all you hear is quarry equipment scraping ground? His home was appraised at $305,000.00 and he had been offered $350,000 but does not feel he could get that now. I use to be able to get up in the morning and hear turkey gobbling a ridge over. He used to hear deer squalling in the bottom, now he hears bulldozers scraping. He hoped that a school bus was not stopped in a dust cloud loading children or even unloading them.
Regarding grandfather rights, Ms. Hoefelman is a Creed and they have owned their property since the Civil War. The land grant they took over on his abstract he owns came from the Fountians during the Civil War. This is his piece of turf. This is his 40 acres and he has been there 30 years and it is still called the old Murry place. The quarry come in for five (5) years and want to be considered, excuse me. He is worried about the quality of life. He does not want his old age ruined by scraping of the land. He wants peace and quiet and he earned the right for it. He has been a model Boone County citizen. He asked the Commission to deny the request.
Kevin McDonald, 1515 Kinloch Court, Columbia came forward. He owned the 104 acres directly to he east across from Creed Road (with Steve Winter). He works for law enforcement and would rather see trucks on a four lane road than a gravel road as far as safety. Room to maneuver, places to crash. They had received countless complaints about the truckers driving around the other quarries in the city and in the county. If he were a private trucker and haul 20 loads a day and make more by driving faster then the limit allowing 10 loads a day. He would drive fast and make money for his family. He spoke of the bids for Hwy 63 expansion. He heard Mr. Walther speak about how much it would save the county and the state not to haul the rock and asphalt from 12 miles away or even 15 miles away. The road is going north and the state will have to haul rock from someplace. He did not imagine the Mertens Construction Co. would cut their bid and loose profit. When they bought the property the quarry was not in use and never thought it would expand. It does lose property values and he does not want to move there any more if this expansion goes through. He worked a second job to pay for the land for five (5) years. They have been clearing the land for seven (7) years. That can not be given back either.
Hank Ottinger, 511 Westwood, Columbia came forward on behalf of the Osage Group of the Sceria Club. The organization did not have position on this particular issue due to the late notice. They are concerned on the impact regarding the environmental issues. The number of truck loads the previous gentleman spoke of going just one way on gravel was some 60,000. The dust and the exhaust are not benign elements. They give rise to respiratory distress more in children and seniors. He asked that the other environmental agencies be contacted regarding the ramifications of the expansion.
Mr. Walther said that in talking with Mr. Maughler today, he indicated that they bored 3.5 inch holes and put in 2.5 inch dynamite, which took out about 6,000 ton per explosion. His clients use a smaller hole with a smaller blast and drop about 2,000 ton to 2.5 ton per explosion. They are not blasting with the intensity that Kaiser blasted with ten years ago and did not anticipate any greater harm or sound. In fact it should be less than what occurred ten years ago. Do not believe blasts will affect ambient air requirements and they have to satisfy the ambient air requirement that are measured at their border. He said they were currently permitted by the Dept. of Natural Resources, and the Federal Government and have a permit from the Mine Safety people and have had a permit with them since the property was purchased in late 1993 and bought a permit in 1994. They understand there was a dust and a traffic problem. The traffic problem will go away when the Hwy 63 project is completed. They are willing to donate the material to expand the road and are going to do whatever we can by putting oil or anything else they can put down on the road.
Closed to public hearing.
Commissioner Sloan wanted to hear from Commissioner Abart about the road. Commissioner Abart said the traffic and the dust is a major concern and can relate to the traffic coming out of the quarry. Staff comments (last 4 on the list) deal with rectifying the problem. Eighteen (18) months to rectify that may be too long. Six months for plans and 12 months for actual improvement of a roadway. May be that needs to be reduced to three (3) months for plans and some period next summer for completion of the roadway. His staff had indicated to him they had received a verbal discussion with one of the Mertens’ people about donating the rock however the staff recommendations go far beyond that.
This would be for actual rock and building a hard surface industrial/commercial roadway all the way from the quarry and back over to Hwy 63 area. They believed that was a reasonable thing to do. He did not think this would be a quarry that would be there just a year or two but for quite a few years. In order to support that type and level of commercial truck activity will require a commercial/industrial type of roadway if it is approved. In the interim they are to supply dust control to reduce the dust level on existing roadways.
Chairman Kirkpatrick said his concern was the dust control and left it open ended and left it up to the applicant when and how much. Should this be approved he would like to see it changed to come under the control of Boone County Public Works. Commissioner Abart said that would be anyway since they need to be permitted to perform activities on like that on a public right-of-way.
Commissioner Abart stated that regarding the road being oiled; there were no oil applications. The county is only allowed to use a lignin sulfonate, which is not an oil base and will not hold up under this type of traffic.
Commissioner Green asked about the minimum buffer between the actual quarry and the property line. In his site visit he noticed the over burden was close to the road and thought the over burden would end up in the road this winter. He asked staff is there was any way to require vegetation on that over burden? Director Shawver stated that would be up to the Commission.
Commissioner Sloan said she was looking at the hours of operation. For a business 6 a.m. to 6 p.m. seems like normal time when people would be working but she has a concern because that is 12 hours of heavy activity. She said it would be difficult to live daily under those conditions. She did not feel comfortable with that long time frame.
Chairman Kirkpatrick was very concerned that the quarry did not see the need to apply for a Conditional Permit to operate in Boone County. It troubled him more that the proper permits were not obtained prior to using explosives. Those items cost a lot sympathy for the applicant.
Chairman Kirkpatrick stated that in the Zoning Ordinances page 43 there are conditions (7) that must be met before the issuance of a Conditional Use Permit can be granted. He stated that "a" – shall not be detrimental to or endanger the public health, safety, comfort or general welfare; "b" – not be injurious to the use and enjoyment of other property in the vicinity; "c" – shall not substantially diminish or impair property values of existing properties in the neighborhood; "e" – will not impede the normal and orderly development and improvement of surrounding property; "f" – will not hinder the flow of traffic or result in traffic congestion on the public streets. Chairman Kirkpatrick said he had a hard time seeing this particular operation would satisfy any of those tests.
Commissioner Smith asked staff if any of the environmental issues were looked into. Bill Florea, staff advised that State Department of Natural Resources, Land Reclamation Division, Water Pollution Division, Air Pollution Division in their regional office and did not receive any response from them. We contacted the Dept. of Conservation Fisheries and Wildlife and did not receive a response from them either. Army Corps. of Engineers contacted us. They had received a complaint some filling of spring feed creek and reported back that no evidence showed that occurring.
Commissioner Morgan made and Commissioner Green seconded a motion to deny request by Mertens LLC, Mertens Construction Co. Inc., and Mid-Missouri Limestone, Inc. to operate an existing quarry on 53 acres, expand the existing quarry onto an adjoining 233.25 acre tract and to operate a temporary portable asphalt plant. This property is located at 1801 W Williams Rd., Sturgeon.
Mike Morgan yes Jim Green yes
Pat Smith yes Keith Kirkpatrick yes
Mary Sloan yes Frank Abart yes
Motion to deny request was unanimous. 6 yes
Chairman Kirkpatrick advised applicant had three working days to appeal.
Bill Florea gave staff report stating that the property is located on US 40, approximately 2 miles west of Route J. There is an existing home on the property, which appears to have been vacant for some time. The home and the majority of the property lie within the 100-year floodplain.
The lot will have frontage on and direct access to US 40. The applicant has submitted a request to waive the requirement to provide a traffic analysis.
The property is within the Consolidated Public Water District Number 1 Service area. However, water service is not available to this lot.
Wastewater will be disposed of on-site. There are no visible lagoons on the property. The type of wastewater system currently serving the home is unknown. The applicant has submitted a request to waive the requirement to provide a wastewater cost-benefit analysis.
The 100-year floodplain has been delineated on the plat.
The property scored 27 point on the rating system.
Staff recommends approval of the plat and waiver requests.
Tim Crockett, Crockett Engineering, 2608 N Stadium Blvd, Columbia was present to answer any questions.
Commissioner Abart made and Commissioner Morgan seconded motion to approve Lampe Subdivision with waiver requests.
Frank Abart yes Mike Morgan yes
Keith Kirkpatrick yes Mary Sloan yes
Pat Smith yes Jim Green yes
Motion to approve was unanimous. 6 yes
NAME CHANGE ON PLAT-changed to Hedge Apple Hills
Thad Yonke gave staff report that this 2 lot minor plat is located on the east side of Creekland Drive approximately 2400 feet north of the intersection of Calvert Hill Road and Creekland Drive and approximately 1000’ east of the Highway 63 North ROW. The site is 3 miles north of the municipal limits of the City of Columbia. The area being subdivided contains 10.46 acres. The property is zoned A-2 (agriculture) as is all the surrounding property and these are all the original 1973 zonings. Public Water District #7 will provide water service to the site. There is currently a X" waterline on the East Side of Creekland Drive. Fire hydrants are not required within minor plats containing less than 5 lots, as is the case here. The site is in the Columbia School District. Sewage treatment is proposed to be from on-site lagoons. A plan showing that there are areas on each lot for a lagoon has been provided and is in the file. A waiver for cost benefit analysis for on-site Vs central wastewater systems has been requested. A traffic analysis waiver has also been requested. This plat has 30 points on the point rating scale.
Staff recommends approval along with the granting of the waivers for traffic analysis and cost benefit analysis for central sewer.
Brian Dollar, of Dollar Surveying, 3 North Garth, Columbia, came forward. He said the owner would appreciate approval of the plat.
Commissioner Green made and Commissioner Smith seconded motion to approve Hedge Apple Hills plat with staff recommendations.
Jim Green yes Pat Smith yes
Keith Kirkpatrick yes Mary Sloan yes
Mike Morgan yes Frank Abart yes
Motion to approve was unanimous. 6 yes
Bill Florea gave staff report that the property is located on the south side of South Route K at its intersection with R.A. Nursery Road. There are no existing homes or wastewater systems on the property. The tract being platted is a remnant from the realignment of R.A. Nursery Road to its present location. This plat will establish the tract as a building lot.
The lot will have frontage on both R.A. Nursery Road and Route K. A right of way dedication sufficient to provide a 33’ ½ width right-of-way for Route K, will be dedicated by this plat. The applicant has submitted a request to waive the requirement to provide a traffic analysis.
The property is within the service area of Consolidated Public Water District Number 1. There is a 6" waterline along the West Side of the old obliterated R.A. Nursery Road that can be tapped for residential service.
There is currently no public sewer service available to the property. A report from a qualified soil scientist has been submitted indicating the soils are suitable for a septic system with absorption field. The applicant has submitted a request to waive the requirement to provide a wastewater cost-benefit analysis.
The property scored 64 points on the rating system.
Staff recommends approval of the plat and waiver requests.
Commissioner Sloan made and Commissioner Green seconded motion to approve Grassland Hills plat with staff recommendations.
Mary Sloan yes Jim Green yes
Frank Abart yes Mike Morgan yes
Pat Smith yes Keith Kirkpatrick yes
Motion to approve was unanimous. 6 yes
Thad Yonke gave staff report that this 3 lot minor plat is located on the south side of Eaton Road immediately east of the Howard County Boone County line as it crosses Eaton Road at the section corner between sections 15 & 16. The plat is approximately 1700 feet west of the intersection of Patton Road and Eaton Road. The plat is also located approximately 1 mile west of the Harrisburg municipal limits. The zoning for the area in the plat is A-2 (agriculture) as is all the surrounding property and these are all original 1973 zonings. The area contained within this plat is 9.71 acres. A 23.73 acre remainder parcel, including a strip of land between lots 2 & 3 will be left after the platting of these 3 lots. Any further division of the remainder tract, which would result in the creation of a lot less than 10 acres, will trigger the water and fire hydrant requirements. If a public road is proposed for the remainder tract, a preliminary and final major plat will be required. The plat is in the service area of Consolidated Public Water District No. 1. There is a 4" waterline along Eaton Road. The development is within the Harrisburg School District. Sewer service is to be from on-site wastewater lagoons. A plan showing possible lagoon locations has been provided and is in the file. The developer has requested a waiver of the cost-benefit analysis for central sewer treatment and traffic analysis. This site has 30 points on the point rating system.
Staff recommends approval of the plat and waiver requests subject to restatement that it be recognized that any further development of the property or remainder of the parent tract may trigger infrastructure requirements.
John Payne, President of Payne Enterprises came forward to answer any questions they may have.
Commissioner Morgan asked how close to Harrisburg City limits? Mr. Yonke stated about one mile.
Commissioner Sloan made and Commissioner Morgan seconded motion to approve Thunderbird Valley plat with staff recommendations.
Mary Sloan yes Mike Morgan yes
Keith Kirkpatrick yes Jim Green yes
Pat Smith yes Frank Abart yes
Motion to approve was unanimous.
Bill Florea gave staff report that the property is located east of and adjacent to Clearview Subdivision, approximately one mile north of Columbia. The property is zoned Moderate Density Residential, R-M. A preliminary plat of 10 single family and 20 duplex lots was approved in August 1998. A revised preliminary plat of 50 lots was approved in May 1999 with two conditions.
Access to the lots within the plat will be accomplished through a combination of on-site and off-site improvements. Offsite improvements include construction of Autumn Drive to East Cedar Court and the westward extension of East Cedar Court to connect with the existing portion of East Cedar Court. The western extension of E. Cedar Court will be primarily within existing right of way created by Clearview Subdivision Plat 7. There are areas along that right of way that will have inadequate width for the planned improvements. It will be the responsibility of the developer to obtain any additional right of way or easements, as necessary, to contain the public road and drainage improvements. All construction will be in accordance with plans approved by the Public Works Department to meet the current standards published in the Boone County Road, Bridge and Right of Way Regulations.
The developer has an existing agreement with Boone County Regional Sewer District to provide sewer service for a total of fifty residential units. One single family dwelling on each of the lots in Spencer Hills Plats 1, 2 and 3 will utilize all of the sewer capacity authorized by the Sewer Service Agreement. A note indicating this restriction is printed on the plat.
The City of Columbia will provide water service. The developer will install a watermain extension in accordance with plans provided by City Water and Light. Fire hydrant spacing and fire flow will meet City of Columbia Standards, which exceed Boone County Standards.
Condition #1 of the revised preliminary plat requires that the construction of Autumn Drive north to East Cedar Court and East Cedar Court west to the existing section of East Cedar Court be completed prior to the platting of the 21st lot. If the plat is approved tonight, it will not be presented to the County Commission until such time as Condition #1 is met. Condition #2 has been met which required changing the name of the road shown on the preliminary plat as Spencer Hills Drive to East Cedar Court.
The property scores 84 points on the rating system.
Staff recommends approval of the plat.
Justin Keiser, Brush and Associates, 506 Nichols, Columbia approached the Commissioner.
Commissioner Abart wanted to reiterate the restrictions about getting too far ahead.
Commissioner Smith made and Commissioner Green seconded motion to approve Spencer Hills Plat 3 with staff recommendations.
Pat Smith yes Jim Green yes
Frank Abart yes Mike Morgan yes
Mary Sloan yes Keith Kirkpatrick yes
Motion to approve plat was unanimous. 6 yes
Director Shawver gave report on items from the July 15th, 1999 Planning and Zoning meeting that went to the County commission on July 27th, 1999.
CONDITIONAL USE PERMIT
Bill Florea gave the Commissioners the 2nd draft copy of revision to the Zoning Ordnance, which would be discussed at the next Work Session on September 9th .
Being no further business the meeting was adjourned at 10:05 p.m.
Minutes approved on this 16th, day of September, 1999.