BUTLER COUNTY BOARD OF COMMISSIONERS

Wednesday, January 4, 2006

 

 

Commission Chairman Mike Wheeler called the Butler County Board of Commissioners to order at 6:00 p.m.  Present were Commissioner Will Carpenter, Commissioner Randy Waldorf, Commissioner Dan Woydziak, Administrator Will Johnson, Jr., and County Clerk Ron Roberts.  Commissioner Randy Doll was absent.

 

APPROVAL OF THE MINUTES

Commissioner Waldorf motioned to approve the minutes of the Butler County Commission Meetings of December 27, 2005 as amended to correct a clerical error.  Commissioner Woydziak seconded the motion.  Motion carried 4-0.   

 

ITEM #1 – RECEIVE JEAN SHOWALTER, ROSE HILL SENIOR CENTER, TO DISCUSS CENTER DIRECTOR POSITION

Ole Peterson, Rose Hill Senior Center, came before the Board to discuss the hiring of a part time Center Director.  They need to have about $10,000 to fund this position.  He asked the Commissioners if they could provide the funding for the position in addition to their approved 2006 budget.  Commissioner Woydziak stated that money was not available in the current budget for this; however, funding revisions are in the works for the senior centers for the next two years that will help with this in the future.

 

Department on Aging Director Connie Rausch informed the Commissioners she had a special fund that has about $40,000 in it.  She proposed using $5,000 from that fund and asking the City of Rose Hill to match that amount.  

 

Commissioners decided to table the request to give staff time to develop a policy or guidelines to handle requests of this type.

 

ITEM # 2 – CONSIDER APPROVAL OF 2006 CEREAL MALT BEVERAGE LICENSE APPLICATION FOR JODY’S BAR

Administrator Johnson presented the Board with the 2006 Cereal Malt Beverage License for Jody’s Bar.

 

Commissioner Waldorf motioned to approve the 2006 Cereal Malt Beverage License for Jody’s Bar.  Commissioner Carpenter seconded the motion.  Motion carried 4-0.

 

ITEM # 3 – CONSIDER A REQUEST FOR A CONDITIONAL USE PERMIT (CUP) BY VIRGIL EPP TO INSTALL AN UNMANNED FUEL OUTLET IN THE AG-40 DISTRICT (CASE NO. CU-05-06) {RESOLUTION NO. 06-01}

Rod Compton, Director of Planning & Development, came before the Board for approval of Virgil Epp’s request for a CUP for an unmanned fuel outlet at 15988 NW Highway 196.  All transactions will be by credit card at the pumps.  The Planning Commission recommended approval of this request by a 6-0 vote.

                                                                       

Commissioner Carpenter motioned to approve the request by Virgil Epp for a Conditional Use Permit to establish an unmanned fuel outlet at 15988 NW Highway 196, and authorize the Chairman to sign Resolution No. 06-01.  Commissioner Woydziak seconded the motion.  Motion carried 4-0.

 

ITEM #4 – CONSIDER A REQUEST FOR A CONDITIONAL USE PERMIT (CUP) FOR A WIRELESS COMMUNICATIONS TOWER IN THE AG-40 ZONING DISTRICT (CASE NO. CU-05-07) {RESOLUTION NO. 06-02}

Rod Compton, Director of Planning & Development, came before the Board for approval of Robbin Ketterman’s request for a CUP for a wireless communications tower.  Mr. Ketterman is applying on behalf of Cellular Network Partnership for a permit to construct a guyed cellular communications tower 280 feet in height on property located at 7618 SW 215th St. east of the City of Douglass.

 

Commissioner Woydziak motioned to approve Resolution No. 06-02 granting a conditional use permit subject to the 6 staff recommended conditions.  Commissioner Carpenter seconded the motion.  Motion carried 4-0.

 

The approval includes the following conditions:

(1)   Cellular Network Partnership MUST provide co-location space for at least three (3) additional carriers on the guyed tower,

(2)   Cellular Network Partnership or any future owner shall remove the proposed tower facility within 60 days of the last day of the 12th month in which all use of the tower has ceased.

(3)   Grant Cellular Network Partnership the right to request an extension for such removal where there is an ongoing negotiation for new or revised leases for existing tower space,

(4)   Cellular Network Partnership shall file this tower with and shall become part of the FAA database,

(5)   The applicant shall secure a cash bond with the County to cover the costs of removal.  The amount of the bond shall be established at the time of approval based on tower type, height, and associated facilities.  The amount shall be the current estimated value for removal plus 50 percent to allow for future inflation,

(6)   The wireless communication facility shall comply with all federal, state, and local rules and regulations.

 

ITEM #5 – CONSIDER A REQUEST TO REZONE APPROXIMATELY 40 ACRES FROM AN AG-40 ZONING CLASSIFICATION TO AN RR RURAL RESIDENTIAL CLASSIFICATION (CASE NO. RZ-05-16) {RESOLUTION NO. 06-04}

Rod Compton, Director of Planning & Development, came before the Board for approval of an application by Robert Adams to rezone 40 acres from Ag-40 to RR.  Mr. Adams wants to subdivide the property into three lots.  One parcel would contain 26.9 acres, one would contain 7.4 acres, and the other parcel would contain 10 acres along with an existing residence.  The Planning Commission recommended denial of this rezoning by a 4-1 vote since they felt it was not an appropriate area for development because of its distance from existing communities.

 

Commissioner Waldorf motioned to deny the application by Robert Adams to rezone a 40 acre parcel described as the Southwest Quarter of the Southwest Quarter of Section 36, Township 29 South, Range 3 East of the 6th P.M., Butler County, Kansas from Ag-40 to RR Rural Residential.  Commissioner Woydziak seconded the motion.  Motion carried 4-0.

RECESS

Commissioner Wheeler recessed the Board meeting at 7:20 p.m. for 4 minutes.

 

RECONVENE

Commissioner Wheeler reconvened the Board meeting at 7:24 p.m.

 

ITEM #6 – CONSIDER APPROVAL OF AMENDMENTS TO THE ZONING AND SUBDIVISION REGULATIONS {RESOLUTION NO. 06-03}

Rod Compton, Director of Planning & Development, came before the Board for approval of amendments to the Zoning and Subdivision regulations.  The Planning Commission voted to recommend approval of the amendments as presented by a 6-0 vote.

 

Commissioner Woydziak motioned to table approval of the Zoning and Subdivision regulation amendments contained in pending Resolution 06-03.  Commissioner Carpenter seconded the motion.  Motion carried 4-0.

 

ITEM #7 – RECEIVE AND OPEN BIDS FOR THE PURCHASE OF A MOTOR GRADER AND A VIBRATORY PADFOOT COMPACTOR FOR THE PUBLIC WORKS DEPARTMENT HIGHWAY DIVISION

Darryl Lutz, P.E., Director of Public Works, came before the Board to receive and open bids for the purchase of a motor grader and a vibratory padfoot compactor for the Public Works Department highway division. 

 

Bids for the Motor Grader less trade in were received from:

 

            Company                                             Model                             Amount

Victor L. Phillips                          Case 865                              $135,839.00

Berry Tractor & Equipment Co.            Komatsu GD655-3C                $154,191.00

Murphy Tractor & Equipment            Deere 770-D                          $166,930.00

                                                            Deere 670-D                          $149,995.00

The G. W. Van Keppel Co.                  Volvo G940                           $169,550.00

                                                            Volvo G930                           $156,544.00

Foley Equipment                                CAT140H                               $177,100.00

 

Bids for the Vibratory Padfoot Compactor were received from:

 

            Company                                             Model                             Amount

Sellers Equipment                                Vibromax 1106PD                   $  82,537.00

                                                            JCB Vibromax 115PDB            $  99,705.00

Murphy Tractor & Equipment            Hamm 3410PB                       $  84,992.00

Victor L. Phillips                          Ingersoll Rand SD 100F            $104,423.00

The G. W. Van Keppel Co.                  Hypac C850C                         $108,661.00

Berry Tractor & Equipment Co.      Bomag BW213-3                    $109,460.00

Foley Equipment                                CAT CP-563E            (In Stock)            $129,800.00

                                                            CAT CP-563E            (New Order)            $132,500.00

 

 

 

Commissioner Woydziak motioned to direct the Director of Public Works to tabulate and evaluate the bids received for 1 new motor grader and a vibratory padfoot compactor and to return at a later time with recommendations for purchase.  Commissioner Waldorf seconded the motion.  Motion carried 4-0.

 

ITEM #8 – RECEIVE AND OPEN BIDS FOR THE PURCHASE OF DUMP TRUCKS FOR THE PUBLIC WORKS DEPARTMENT HIGHWAY DIVISION

Darryl Lutz, P.E., Director of Public Works, came before the Board to receive and open bids for the purchase of dump trucks for the Public Works Department highway division.  The Board authorized these purchases in November 2005. 

 

Bids for the Dump Trucks less trade in were received from:

 

         Company                                       Model                             Amount

Kansas Truck Center             Sterling LT 7500                                   $210,377.00

                                                           Freightliner M2 106                              $200,937.00

Roberts Truck Center              International Diamond 7400 SFA            $201,260.00

Merle Kelly Ford                 Option 1-Midwest Truck               $209,641.00

                                                Option 2-Truck Parts                           $211,864.00

Doonan Truck & Eqpt.            Peterbilt 335                                        $216,140.10

 

Commissioner Waldorf motioned to direct the Director of Public Works to tabulate and evaluate the bids received for three new dump trucks and to return at a later time with a recommendation for purchase.  Commissioner Carpenter seconded the motion.  Motion carried 4-0.

 

ITEM #9 – CONSIDER APPROVING THE PURCHASE OF TWO REPLACEMENT PRESSURE WASHERS FOR THE HIGHWAY MAINTENANCE SHOPS BASED UPON BIDS PREVIOUSLY RECEIVED AND OPENED

Darryl Lutz, P.E., Director of Public Works, came before the Board for approval to purchase two replacement pressure washers for the highway maintenance shops based upon bids previously received and opened.  The best bid is from Professional Cleaning systems, Inc., Hillsboro, KS in the amount of $7,300 including trade-in.

 

Commissioner Waldorf motioned to approve the purchase of two Landa pressure washers Model VHG5-20024B as quoted for the Public Works Department highway maintenance shops from Professional Cleaning systems, Inc., Hillsboro, KS in the total purchase amount of $7,300 including trade-in of existing units.  Commissioner Woydziak seconded the motion.  Motion carried 3-1.  Commissioner Carpenter voted no.

 

ITEM #10 – CONSIDER APPROVING AN AUTHORIZATION FOR ENGINEERING WORK RELATED TO ABANDONMENT OF WATER LEVEL WELLS THAT WERE INSTALLED FOR THE DESIGN OF THE NEW C&D LANDFILL AREA

Darryl Lutz, P.E., Director of Public Works, came before the Board for approval of an authorization for engineering work related to abandonment of water level wells that were installed for the design of the new C & D landfill area.

 

Commissioner Woydziak motioned to approve Authorization No. 29 for professional engineering services with Burns & McDonnell Engineering Co., Kansas City, KS related to abandoning 4 water level wells in the C & D landfill construction area in the amount not to exceed $4,087.05 and authorize the chair to sign.  Commissioner Waldorf seconded the motion.  Motion carried 4-0.

 

ITEM #11 – WORK SESSION – LEGISLATIVE AGENDA

The Board discussed the legislative agenda.  No action was taken.

 

ITEM #12 – WORK SESSION – BUTLER COUNTY FAIR GROUNDS

The Board discussed the Butler County Fair Board’s consideration of a new location for the Fair Grounds and their request for County help with the funding.  The Commissioners decided to continue this item to a future meeting when the Fair Board could come make a formal presentation to them. 

 

APPROVAL OF VOUCHERS

Commissioner Waldorf motioned to approve the vouchers for January 4, 2006 in the amount of $260,580.37.  Commissioner Carpenter seconded the motion.  Motion carried 4-0. 

 

APPROVAL OF ADDS AND ABATES

Commissioner Woydziak motioned to approve Adds & Abates #2242 dated January 4, 2006.  Abates in the amount of $13,256.64, and Adds in the amount of $22,020.80.  Commissioner Waldorf seconded the motion.  Motion carried 4-0.

 

ADJOURNMENT

Commissioner Woydziak motioned to adjourn the meeting at 7:55 p.m.  Commissioner Carpenter seconded the motion.  Motion carried 4-0.