BUTLER COUNTY BOARD OF COMMISSIONERS

Monday, September 26, 2005

 

 

The Board canvassed the City of Andover election of Tuesday, September 20, 2005.

 

CALL TO ORDER

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, Assistant Administrator/ Finance Director Mark Detter, and Clerk Recorder Tammy Bridges.  Administrator Will Johnson, Jr., was absent.

 

APPROVAL OF MINUTES

Commissioner Woydziak motioned to approve the minutes of the Butler County Commission Meetings of Monday, September 19, 2005 as written and Tuesday, September 20, 2005 as amended.  Commissioner Doll seconded the motion.  Motion carried 5-0.  

 

ITEM #1 – CONSIDER ADOPTING A RESOLUTION TO RESTRICT COMMERCIAL TRUCK TRAFFIC ON HAVERHILL ROAD AND OTHER COUNTY ROADS AS DESIGNATED BY POLICY OF THE BOARD OF COUNTY COMMISSIONERS

Darryl Lutz, P.E., Director of Public Works, came before the Board for approval of a resolution to restrict commercial truck traffic on Haverhill Rd and other County roads as designated by policy of the Board of County Commissioners.  Safety concerns are being raised by local constituents regarding heavy truck traffic on certain county roads.  Road damage and deterioration is also more evident on roads known to carry high volumes of commercial truck traffic.  The Board of County Commissioners studied this issue with the County Engineer along with the possibility of adopting a resolution to restrict commercial truck traffic on September 12, 2005.  The Board asked the County Engineer to work with legal counsel to draft a resolution and to return in 2 weeks with a resolution for the Board to consider.

 

This resolution includes restricting commercial truck traffic on Haverhill Road between the SW Trafficway at El Dorado and US-400 near Haverhill Corner.  It allows the County Commission to restrict truck traffic on other County roads by written policy.  The resolution provides for a maximum fine of $500 for violators.  The County Sheriff supports the adoption of such a restriction and will provide enforcement.  This restriction does not affect truck traffic of local origin or destination.

 

Sheriff Murphy came before the Board and stated that he would like to see the restriction go South all the way to the Cowley County Line and wants the signs to be highly visible.  Mr. Lutz stated that he is okay with extending the restriction down to the county line. 

 

This restriction is for thru traffic only, and signage will be placed at the SW Trafficway and at the 55 mph sign, which will allow trucks to enter and exit the refinery.  Darryl Lutz stated that he recommends posting Haverhill Road south to the County Line and post the section of 210th St. between Haverhill and U.S. 77 and also post the signs on 170th Street between Haverhill and U.S. 77.

 

Commissioner Waldorf motioned to adopt Resolution No. 05-50, a resolution prohibiting commercial truck traffic on certain roadways under the jurisdiction of the Board of Butler County Commissioners, and authorize the chair to sign.  Commissioner Woydziak seconded the motion.  Motion carried 5-0.

 

Harold Cooper came before the Board and asked for an update on the Cassoday/Rosalia Road.  Mr. Lutz stated that the contractor is scheduled to come back in town the second week of October.  They are behind 3 weeks because of the rain in August and their plant got hit by lightening which knocked out their computers.  Mr. Lutz said that the contract expires at the end of the third week of October and carries a penalty of $1,375 per working day after that. 

 

ITEM #2 – WORK SESSION – PLANNING AND ZONING AMENDMENTS

Rod Compton, Director of Planning and Development, came before the Board for discussion of subdivision regulations.  There was discussion regarding platting areas for cities and the Interlocal Agreement area with the City of Augusta.

 

Harold Cooper came before the Board and commented that 40 acres of land being used for agriculture is exempt from the zoning and subdivision regulations.

 

RECESS

Commissioner Wheeler recessed the Board for 5 minutes at 10:00 a.m.

 

RECONVENE

Commissioner Wheeler reconvened the Board at 10:05 a.m.

 

The Board continued discussing subdivision regulations with input from Martin Goedecke of Goedecke Engineering.  The Board also discussed Homestead Lot Splits with APO (Agricultural Preservation Overlay).  There was discussion regarding improvements being installed by the developer within a specified time after approval of the Final Plat.  A developer’s agreement and the developer’s financial guarantees were also discussed.

 

Harold Cooper came before the Board and stated that land use for ag is defined in the Kansas State Statutes and shouldn’t be in the county zoning regulations. 

 

Rod Compton stated that an individual has approached him regarding dividing a parcel of property on the northeast corner of the intersection of Hopkins Switch Road and U.S. Highway 54/400.  The property contains less than 80 acres and the owner wishes to divide it into two lots, both of which would be less than 40 acres in size.  The property is presently zoned AG-40 and the owner is aware that he would have to seek rezoning to RR Rural Residential in order to subdivide it.  He is willing to dedicate a 70-foot wide right-of-way along the north side of the property to access the parcels; however, he does not wish to construct the road to county standards.

 

It was the consensus of the Board that this individual should construct the road to county standards.

 

RECESS

Commissioner Wheeler recessed the Board for 5 minutes at 11:30 a.m.

RECONVENE

Commissioner Wheeler reconvened the Board at 11:35 a.m.

 

Harold Cooper came before the Board regarding the lawsuit with Elk River Wind Farms.

 

Ron Roberts, County Clerk, came before the Board regarding Sunday liquor sales.  The Commissioners decided that if someone wanted to pursue this, they could bring a petition before the Board.

 

APPROVAL OF VOUCHERS

Commissioner Woydziak motioned to approve the vouchers for September 26, 2005 in the amount of $379,827.16.  Commissioner Waldorf seconded the motion.  Motion carried 5-0.

 

OTHER ITEMS OF BUSINESS TO COME BEFORE THE BOARD OF COUNTY COMMISSIONERS

None.

 

ADJOURNMENT

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