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County lawyer to seek indemnity as Nutrien seeks exception to concrete-apron policy
Summary
Nutrien asked Atchison County for an exception to a ban on private concrete aprons extending onto county road surfaces; the county raised equipment-damage and right-of-way maintenance concerns and asked the county counselor to pursue indemnity language with Nutrien before any policy amendment.
At the May 12 meeting, company representatives (Nutrien) requested an exception to Atchison County’s policy prohibiting private concrete aprons that extend onto county road surfaces. Emily Sternsdorff and County Counselor David Van Parys discussed the county’s reasons for the policy: county maintenance equipment (for example, snowplows) can be damaged by concrete aprons and the area between road pavement and an apron typically falls inside the county’s right-of-way and requires ongoing maintenance.
Commissioners expressed concern that granting ad hoc exceptions could weaken a blanket policy over time. Van Parys advised that any exception would require formal documentation and that the county should seek indemnification from Nutrien for potential equipment damage before pursuing a formal amendment. The county attorney will discuss indemnity options with Nutrien and report back to the commission.
No formal amendment or vote to change the policy occurred at the meeting; the matter was left for further legal discussion.
