BUTLER COUNTY BOARD OF COMMISSIONERS

Tuesday, November 28, 2006

 

 

 

CALL TO ORDER

Commission Chairman Dan Woydziak 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 Mike Wheeler, Administrator Will Johnson, Jr., and Clerk Recorder Tammy Bridges.

 

ITEM #1 – CONSIDER APPROVAL OF A REQUEST BY KANSAS CITY CATHOLIC NETWORK FOR A CONDITIONAL USE PERMIT FOR A 175’ TALL GUY WIRE SUPPORTED RADIO TOWER IN THE AG-40 ZONING DISTRICT (CASE NO. CU-06-06) {RESOLUTION NO. 06-56}

Rod Compton, Planning & Zoning Director, came before the Board for approval of a request by Kansas City Catholic Network for a Conditional Use permit for a 175’ tall guy wire supported radio tower in the Ag-40 zoning district.  The Butler County Planning Commission recommended approval of this request with the following conditions:

 

(1)   Kansas City Catholic Network shall remove the tower after the 12th month in which all use and/or operations associated with the tower and/or equipment has ceased,

(2)   Grant Kansas City Catholic Network, Inc., the right to request an extension for such removal where there is an ongoing negotiation for new or revised lease(s) for existing tower space,

(3)   Kansas City Catholic Network shall file this tower with and shall become part of the FAA database,

(4)   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,

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

(6)   All necessary approvals shall be obtained from FAA prior to issuance of a building permit.

 

Commissioner Doll asked about co-locating on one of the two existing towers.  Mr. Chris Kreger, Kansas City Catholic Network, Inc., stated that co-location is not an option because it takes three towers to generate a signal pattern at night as prescribed by the FCC.

 

Commissioner Carpenter motioned to approve the request by Kansas City Catholic Network, Inc. for a Conditional Use Permit to erect a guyed radio tower 175 feet in height on property located at 1612 SE River Rd., and authorize the Chair to sign Resolution No. 06-56.  Commissioner Wheeler seconded the motion.  Motion carried 5-0.

 

ITEM #2 – CONSIDER APPROVAL OF REQUEST BY DICK CHRISTIAN TO AMEND THE CONDITIONAL USE PERMIT (CASE NO. CU-06-07) {RESOLUTION NO. 06-53}

Rod Compton, Planning & Zoning Director, came before the Board for approval of a request by Dick Christian to amend a Conditional Use Permit for Lynbrooke Sporting Clays.  Mr. Christian is the new owner of this business and would like to construct a 30’ x 60’ building for the operation of his nightcrawler distribution business and an archery sales and repair business.  He would also like to expand the permanent shooting range from the north 40 acres of the property to the North 50 acres.  In addition, he would like to obtain approval to utilize the entire 80 acres for a temporary shooting range in order to bid on hosting a state shooting competition that occurs every other year.  The Butler County Planning Commission and Staff recommended approval of this request.

 

Mr. Compton said he has received a Petition showing approximately 37% of the area within 1,000 feet of the applicant’s property is owned by persons who are opposed to this request, which constitutes having a ¾ majority favorable vote from the Commission Board in order to pass.

 

Mr. Ray Connell, Attorney, representing Dick and Nancy Christian, owners of the property, came before the Board to offer more information regarding the location of the shooting stations on the property, the landowners surrounding the property, and the petition.

 

Dick Christian, owner of the property, came before the Board and said since he has owned the property, shooting station #1, which borders 120th Street, has been rearranged in order to make sure the shot goes to the southeast.  Mr. Christian said that he is comfortable with what they are doing to try to ensure the shot stays on their land.

 

Jim Hargrove, Attorney, came before the Board to speak on behalf of landowners Mike Bily and Judy and Vernon Feil who are opposed to the sporting clay operation.  Mr. Hargrove said there should be strict restrictions if this request is allowed.

 

Mr. Bill Graham, adjacent landowner, said he is not against trap and skeet shooting, but is not in favor of the request to increase the size of the shooting range.  He said he has lead all over his property and asked who was going to pay the 7 figure estimate to clean up his property.

 

Commissioner Waldorf asked Mr. Graham if the operation was in existence when he bought his property.  Mr. Graham said it was.

 

Mr. Randy Rathbun, Attorney for the Grahams, came before the Board to discuss environmental issues that occur when the shot falls and leaches into the ground.  He suggested tabling this request and seeking legal counsel’s advise regarding liability.

 

Mr. Christian came back before the Board to address the amount of lead on the ground.  He said it has been a part-time business and said lead is a concern for him also.  His biggest concern was lead pollution and has contacted a lead recovery company.

 

Commissioner Waldorf said he is concerned about shot falling on neighboring properties, and said the shooting stations need to be arranged so this doesn’t occur.  Commissioner Carpenter suggested putting pans out to monitor and collect the shot.

 

Commissioner Carpenter motioned to table the request by Dick Christian to amend a Conditional Use Permit until the language concerning testing a shoot and monitoring the shot can be developed.  Commissioner Wheeler seconded the motion.  Motion carried 5-0.

 

RECESS

Commissioner Woydziak recessed the Board meeting at 10:45 a.m.

 

RECONVENE

Commissioner Woydziak reconvened the Board meeting at 10:50 a.m.

 

ITEM #3 – CONSIDER APPROVAL OF REQUEST BY JERRY SAPP TO REZONE APPROXIMATELY 20 ACRES FROM AN AG-40 CLASSIFICATION TO AN RR RURAL RESIDENTIAL CLASSIFICATION (CASE NO. RZ-06-11) {RESOLUTION NO. 06-49}

Rod Compton, Planning & Zoning Director, came before the Board for approval of a request by

Jerry Sapp to rezone approximately 20 acres from Ag-40 to RR Rural Residential.  The property is located approximately ¼ mile west of Rose Hill (Butler) Rd. on the north side of Silknitter (SW 180th St.) and contains two residences.  Mr. Sapp is trying to sell his property and is requesting the rezoning in order to divide each residence along with 5 acres from the remainder of the property.  The City of Rose Hill is concerned with large lots being created on the edge of the city and is opposed to this request.  The Planning Commission recommended denial by a 4 to 3 vote.

 

Mr. Jerry Sapp, landowner, came before the Board and said he is trying to find a feasible way to sell the homes because he has been transferred by Boeing.  Mr. Sapp said both homes are very nice and the total appraised value of both homes each with five acres is over $700,000.

 

It was suggested that Mr. Sapp contact the City of Rose Hill to discuss annexation of his property.

 

Commissioner Carpenter motioned to deny the APO Lot Split request by Jerry Sapp to rezone approximately 20 acres in the East Half of the West Half of the Southeast Quarter of Section 31, Township 28 South, Range 3 East from Ag-40 to RR Rural Residential.  Commissioner Doll seconded the motion.  Motion carried 5-0.

 

ITEM #4 – CONSIDER APPROVAL OF REQUEST BY CLIFFORD W. BAILEY FOR A HOMESTEAD LOT SPLIT WITH APO IN ORDER TO SEPARATE AN EXISTING HOMESTEAD AND 5 ACRES FROM THE REMAINDER OF THEIR PROPERTY, WHICH CONTAINS APPROXIMATELY 160 ACRES (CASE NO. PL-06-11)

Rod Compton, Planning & Zoning Director, came before the Board for approval of a request by Clifford W. Bailey for a Homestead Lot Split and Agricultural Preservation Overlay (APO) in order to separate an existing homestead and 5 acres from the remainder of their property, which contains approximately 160 acres.  The Butler County Planning Commission recommended approval by a 6 to 0 vote, and Staff feels that the use of the APO provision on this property is appropriate.

 

Commissioner Carpenter motioned to approve the APO Lot Split located in the East Half of the Southwest Quarter of Section 26, Township 26 South, Range 3 East of the 6th P.M., Butler County, Kansas, and authorize the Chair to sign the Overlay Agreement subject to the recording of the Agricultural Protection Overlay agreement and survey of the residential site with the Register of Deeds.  Commissioner Wheeler seconded the motion.  Motion carried 5-0.

 

ITEM #5 – CONSIDER REQUEST FOR WINDFARM FUND APPLICATIONS

Will Johnson, County Administrator, came before the Board for approval of a request for funding from the Butler County Family Life Center and the Board of County Commissioners on behalf of the City of Latham for 2006 wind farm funds requests.  The Butler County Family Life Center is requesting $12,251.64 and the City of Latham’s request is for $35,000 for matching funds assistance for a CDBG grant to demolish and remove the abandoned Latham School.

 

Commissioner Wheeler motioned to approve the requests for funding from the Butler County Family Life Center for $12,251.64 and the Board of County Commissioners on behalf of the City of Latham for $35,000 for 2006 wind farm community projects funds requests.  Commissioner Carpenter seconded the motion.  Motion carried 5-0.

 

ITEM #6 – CONSIDER INTERLOCAL AGREEMENT FOR REAP

Will Johnson, County Administrator, came before the Board for approval of an Interlocal agreement creating the Regional Economic Area Partnership (REAP) to serve and promote the interests of local governments in South Central Kansas.  This agreement has been approved by legal counsel.

 

Commissioner Carpenter motioned to approve the Interlocal Agreement creating the Regional Economic Area Partnership (REAP) to serve and promote the interests of local governments in South Central Kansas.  Commissioner Wheeler seconded the motion.  Motion carried 5-0.

 

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

Administrator Johnson stated that the elected official salaries would be an item on the agenda next week. 

 

Administrator Johnson informed the Board that a visitor at the jail had passed away while visiting an inmate.

 

ADJOURNMENT

Commissioner Woydziak motioned to adjourn the meeting of the Board at 12:00 noon.  Commissioner Carpenter seconded the motion.  Motion carried 5-0.