BUTLER COUNTY BOARD OF COMMISSIONERS

Tuesday, May 24, 2005

 

 

Commission Chairman Mike Wheeler called the Butler County Board of Commissioners to order at 9:00 a.m.  Present were Commissioner Will Carpenter, Commissioner Randy Doll, Commissioner Randy Waldorf, Commissioner Dan Woydziak, Administrator Will Johnson Jr., and Clerk Recorder Tammy Bridges.

 

ITEM #1 – CONSIDER A REQUEST FOR REZONE FROM AG-40 TO C COMMERCIAL (CASE NO. RZ-05-06) {RESOLUTION NO. 05-30}

Rod Compton, Director of Planning & Development, came before the Board for approval of a request by Ken &Wilma Smith to rezone property from AG-40 to C Commercial.  This property is located approximately ½ mile south of SW 130th Street on the East side of Butler Road.  County records show that prior to 1994, Mr. Smith’s property was zoned for industrial uses.  The property was not used for industrial purposes; however, Mr. Smith had constructed a building on the property, which over the years had housed a variety of commercial uses.  In 1994 Butler County overhauled its zoning regulations and one of the main components of that overhaul was the elimination of all commercial and industrial classifications.  Uses that were in existence at that time were automatically given a Conditional Use Permit (CUP).  Recently, Mr. Smith approached the County with a request to display used vehicles for sale.  He had previously talked to David Yearout, and Mr. Yearout had informed him that his CUP did not include the sale of used vehicles because that use was not in place at the time the CUP was established.  This matter was discussed at the March 1, 2005 Planning Commission meeting.  The Planning Commission felt that the proper procedure would be to apply for a zoning change to the appropriate classification.  The applicant submitted such an application, which was considered by the Planning Commission on May 3, 2005.  At that time, the Planning Commission recommended approval of the requested zoning change by a 6-0 vote since it was already being used for commercial purposes, and they did not feel the addition of vehicle sales would alter the character of the property.

 

Commissioner Carpenter motioned to amend the CUP and add to it Retail Auto Sales and to deny the commercial zoning application.  Commissioner Woydziak seconded the motion.  Motion carried 5-0.  

 

ITEM #2 – CONSIDER A REQUEST FOR REZONE FROM AG-40 TO PRD-B (CASE NO. RZ-05-04) {RESOLUTION NO. 05-31}

Rod Compton, Director of Planning & Development, came before the Board for approval of a request by David & Betty Moore to rezone property from AG-40 to Planned Residential District B (PRD-B).  Mr. and Mrs. Moore own approximately 80 acres in Benton Township and are in the process of building a single-family residence on the property for their own use.  They are wishing to rezone the property in order to subdivide it into 10 lots for sale.  The property is located on the northeast corner of the intersection of SW 50th Street and Prairie Creek Road and is approximately 1 ½ miles south of the City of Benton and 1 mile south of the Benton Airport.  The applicants began the rezoning and platting process in the summer of 2004.  David Yearout determined the appropriate zoning classification would be PRD-B and that it would allow lots with a minimum acreage of 5 acres provided the dedication of open space incentive is used.  Mr. Yearout also informed the applicants that if the PRD-B classification were obtained, the developers would be able to develop on-site wastewater treatment systems (lagoon or septic system).  The Planning Commission, by a vote of 5 to 2, recommended approval of the rezoning as requested.

 

Commissioner Doll motioned to deny the rezoning request from Ag-40 to PRD-B, Case No. RZ-05-04, reasoning for denial is non-conformance with the sanitary code. Commissioner Carpenter seconded the motion.  Motion carried 5-0.

 

ITEM #3 – CONSIDER A REQUEST FOR REZONE FROM RR RURAL RESIDENTIAL TO PRD-A (CASE NO. RZ-05-08) {RESOLUTION NO. 05-32}

Rod Compton, Director of Planning & Development, came before the Board for approval of a request by Chester Easterday to rezone property from RR Rural Residential to Planned Residential District-A (PRD-A).  This property is located on the northwest corner of the intersection of SW 100th Street and U.S. Highways 54 and 77.  The plat consists of two lots – one that contains 17.57 acres, and one that contains 44 acres.  The applicant purchased the 44-acre parcel and is interested in subdividing it into lots approximately 5 acres in size. The Planning Commission, by a vote of 6 to 1, recommended approval of the rezoning as requested.

 

Commissioner Woydziak motioned to deny the request by Chester Easterday to rezone 44 acres in the Southeast Quarter of Section 23, Township 27 South, Range 3 East due to a conflict with the sanitary codes.  Commissioner Carpenter seconded the motion.  Motion carried 5-0.

 

RECESS

Commissioner Wheeler recessed the Board at 10:10 a.m. for 5 minutes.

 

RECONVENE

Commissioner Wheeler reconvened the Board at 10:15 a.m.

 

ITEM #4 – CONSIDER APPROVAL OF AN INSURANCE POLICY FROM HARTFORD INSURANCE FOR THE KIDS CAMP ACCIDENT POLICY

Grant Helferich, Director of EMS, came before the Board for approval of the insurance coverage provided by Hartford Insurance for Kids Camp.  This is a renewal policy in the amount of $350.00.  The coverage is for campers, unpaid counselors, and paid counselors.  This year’s camp is set for June 16 and 17, 2005.  This premium is the same as last year and is budgeted.

 

Commissioner Carpenter motioned to approve the Insurance Policy from Hartford Insurance in the amount of $350.00 for the Kids Camp Accident Policy.  Commissioner Doll seconded the motion.  Motion carried 5-0. 

 

ITEM #5 – WORK SESSION – RECEIVE A REPORT OF THE SOLID WASTE MANAGEMENT PLANNING COMMITTEE MEETING OF MAY 5, 2005

Darryl Lutz, P.E., Director of Public Works, came before the Board to present a report of the meeting of the Solid Waste Management Planning Committee held on May 5, 2005.  The committee acted on three items of significant interest.  These items included recommendations regarding waste origin and end disposal for waste generated within Butler County, a proposed wood waste and yard waste processing facility in Butler County, and creation of a countywide recycle task force. 

 

 

ITEM #6 – CONSIDER A PROPOSAL FOR A PILOT PROJECT FOR RECYCLING METAL GOODS AT THE LANDFILL

Darryl Lutz, P.E., Director of Public Works, came before the Board for authorization of a pilot project to manage recycling of scrap steel at the landfill.  For several years Butler County has segregated scrap metal from the waste stream.  Until recently, scrap steel did not have much value and Butler County worked with a scrap metal vendor in Wichita to provide collection bins free of charge to the County.  This vendor removed and replaced bins on demand and agreed to manage any materials placed in the bins.  Over the past couple of years, it has been harder to get immediate service from the vendor, which results in a lot of hand work on our part to load bins with metal goods that had to be stockpiled.  Also the vendor was approached about paying Butler County a salvage price on the metal recycled out of the bins.  The vendor has been unwilling to pay for the scrap metal. 

 

A local scrap metal recycler has recently approached Butler County and proposed providing bins to the County and paying a flat fee per ton to haul the scrap metal away on demand.  The proposal would generate $15,000 to $18,000 per year in new income depending upon Butler County’s insurance requirements. The vendor requests a minimum of two years due to his up-front investment in bins and trucks.  The vendor will remove and replace bins on demand, will manage any non-metal waste in the bins, will reload any metal that has to be stockpiled, and will pay a guaranteed flat fee no matter the market price for scrap metal.  It is staff’s recommendation to work with this vendor to provide scrap metal recycling for the landfill.

 

There was no action taken.  The Board asked Mr. Lutz to develop a request for proposals.

 

APPROVAL OF ADDS & ABATES

Commissioner Woydziak motioned to approve Adds & Abates #2223.  Abates in the amount of $11,968.80 and Adds in the amount of $0.00.  Commissioner Waldorf seconded the motion.  Motion carried 5-0.

 

OTHER ITEMS OF BUSINESS 

Darryl Lutz, P.E., Director of Public Works, came before the Board and stated that he received the agreement related to construction engineering work on the west branch of the Whitewater River Bridge.  KDOT has approved the agreement.

 

Commissioner Woydziak motioned to approve the agreement for Construction Engineering Services KDOT Project No. 8C-3946-01 (W. Branch Whitewater River Bridge Project) in the estimated amount of $64,300.  Commissioner Waldorf seconded the motion.  Motion carried 5-0.

 

Darryl Lutz, P. E., Director of Public Works, apprised the board that the bids are being evaluated for comparison between the hot mix surface option and the cold mix surface option related to the Flinthills Road Paving Project between Rosalia and Cassoday.  Mr. Lutz stated that he has

asked Western Engineering to reevaluate their base bid for project savings.

 

ADJOURNMENT

Commissioner Woydziak motioned to adjourn the meeting of the Board at 11:45 a.m.  Commissioner Waldorf seconded the motion.  Motion carried 5-0.