BUTLER COUNTY BOARD OF COMMISSIONERS

Tuesday, October 24, 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 #2 – CONSIDER REQUEST BY WILDA BREWER ON BEHALF OF HICKORY TOWNSHIP FOR A CONDITIONAL USE PERMIT TO CONSTRUCT A 50’ X 80’ METAL BUILDING TO BE USED FOR TOWNSHIP PURPOSES (CASE NO. CU-06-05) {RESOLUTION NO. 06-53}

Rod Compton, Director of Planning & Zoning, came before the Board for approval of a request by Wilda Brewer and Hickory Township for a conditional use permit for a 50’ x 80’ metal building. This building would serve as the township meeting hall and would be used to store township road maintenance and fire equipment. The Planning Commission approved this request by a 7 to 0 vote, and staff recommends approval.

Commissioner Wheeler motioned to approve the request by Wilda Brewer and Hickory Township for a Conditional Use Permit and authorize the Chair to sign Resolution No. 06-53. Commissioner Carpenter seconded the motion. Motion carried 5-0.

ITEM #3 – CONSIDER REQUEST TO REZONE APPROXIMATELY 6.8 ACRES FROM AN AG-40 TO R RESIDENTIAL (CASE NO. RZ-06-13) {RESOLUTION NO. 06-51}

Rod Compton, Director of Planning & Zoning, came before the Board for approval of a request by Dick and Denice Morris under the name of Morris-Miles LLC to rezone approximately 6.8 acres from Ag-40 to R Residential. The property contains one residence and the applicants would like to divide it into at least three parcels. The Planning Commission approved this request by a 7 to 0 vote and staff recommends approval.

Commissioner Wheeler motioned to approve the request by Morris-Miles LLC to rezone approximately 6.8 acres in the Southeast Quarter of the Southeast Quarter of Section 6, Township 26 South, Range 6 East from an Ag-40 classification to an R Residential classification and authorize the Chair to sign Resolution No. 06-51 granting such change. Commissioner Carpenter seconded the motion. Motion carried 5-0.

ITEM #4 – CONSIDER REQUEST BY ROBERT K. OHLSON TO REZONE APPROXIMATELY 14.6 ACRES FROM AN AG-40 CLASSIFICATION TO AN RR RURAL RESIDENTIAL CLASSIFICATION (CASE NO. RZ-06-10) {RESOLUTION NO. 06-49}

Rod Compton, Director of Planning & Zoning, came before the Board for approval of a request by Robert K. Ohlson to rezone approximately 14.6 acres from an Ag-40 to RR Rural Residential. The property contains one residence and the applicant would like to rezone all 14.6 acres in order to divide it into two parcels. One parcel would contain the residence and one would be eligible for a building permit for a residence. Staff recommended denial of the proposed rezoning to the Planning Commission. The Planning Commission approved this request by a 7 to 0 vote because they felt the property’s location within the Urban Growth Area and the presence of a number of like sized parcels in the area made this site appropriate for a Rural Residential classification.

Commissioner Waldorf motioned to approve the request by Robert K. Ohlson to rezone approximately 14.6 acres located in the Southwest Quarter of the Southwest Quarter of Section 8, Township 27 South, Range 4 East from an Ag-40 classification to a RR Rural Residential classification and authorize the Chair to sign Resolution No. 06-49 granting such change. Commissioner Doll seconded the motion. Motion carried 5-0.

ITEM #1 – GOVERNMENT DAY ACTIVITIES (9:30 – 11:30 A.M.)

Commissioner Woydziak welcomed the seniors from El Dorado High School and Flinthills High School. Administrator Will Johnson introduced the Commissioners and gave a power point presentation explaining county government. Darryl Lutz, P.E., Director of Public Works spoke about landfill recycling. Ruth Fechter, Treasurer addressed the group about the Treasurer’s Office, and Sharon Pence talked about the Motor Vehicle Department. Carol Borger, Health Department Administrator spoke to the students about the different programs the Health Department offers. County Clerk Ron Roberts conducted a mock election. Neal Harrison presented information about the judicial system. Ann Carpenter, Juvenile Justice Administrator, explained the juvenile justice system. Larry Charles, Emergency Medical Services, spoke to the students about public safety and emergency vehicles from Sheriff, Jail, EMS, Emergency Management and Fire District #3 were displayed.

ITEM #5 – CONSIDER REQUEST TO REZONE APPROXIMATELY 155 ACRES FROM AN AG-40 ZONING CLASSIFICATION TO AN RR RURAL RESIDENTIAL CLASSIFICATION (CASE NO. RZ-06-12) {RESOLUTION NO. 06-50}

Rod Compton, Director of Planning & Zoning, came before the Board for approval of a request by Dean and Mary Ogle to rezone approximately 155 acres from Ag-40 to RR Rural Residential. The property is now vacant and the applicants are proposing to rezone the 155 acres in order to divide an old homestead site and 20 acres from the rest of the property. Protest petitions and letters of opposition to this rezoning have been received. Staff recommended denial because the character of the immediate area surrounding the property is rural agricultural. The Planning Commission denied this request by a 4 to 1 vote because even though it is located within the Urban Growth Area, it is on unpaved roads in a rural area.

Mr. Randall Whittaker came before the Board and said that several letters have been written opposing this rezoning request.

Mr. Earl Wakefield came before the Board and said he owns property (E ½ of the NE ¼ of Section 16) immediately east of 80 acres Mr. Ogle owns (W ½ of the NE ¼ of Section 16). He said Mr. Ogle’s property is zoned rural residential and asked the commissioners to consider rezoning the property back to Ag40/Ag80 because it is being used as agricultural property. Mr. Wakefield said Mr. Ogle is running a concentrated animal feeding operation on those 80 acres. Commissioner Woydziak said at this time the Board is considering rezoning the property containing 155 acres, and the procedure for rezoning other property would need to be followed at another time.

Commissioner Waldorf motioned to deny the request by Dean and Mary Ogle to rezone approximately 155 acres in the Northwest Quarter of Section 16, Township 27 South, Range 5 East from an Ag-40 classification to an RR Rural Residential classification. Commissioner Carpenter seconded the motion. Motion carried 5-0.

ITEM #6 – CONSIDER APPROVAL FOR A CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATION TOWER IN THE AG-80 ZONING DISTRICT (CASE NO. CU-06-04) {RESOLUTION NO. 06-52}

Rod Compton, Director of Planning & Zoning, came before the Board for approval of a request by Linda L. Masters on behalf of Cellular Network Partnership for a Conditional Use Permit (CUP) to construct a guyed cellular communications tower 280 feet in height. The property is located approximately ½ mile North of U. S. Highway 400 on the West side of SE Flint Hills Rd. Mr. Compton said one consideration for evaluating a request for a CUP for a wireless communications tower is whether or not there are other towers available in the area on which to co-locate and if it is feasible to do so. There is a tower located approximately 2 miles east that was granted a CUP on August 28, 2001. Staff recommended denial of the request unless the applicant could demonstrate that co-location was not feasible. The Planning Commission recommended approval by a 7 to 0 vote with 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 12^th 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.

David Buskirk, representing Cellular Network Partnership, came before the Board asking for a height variance for the proposed cell tower. Mr. Buskirk said there is no opportunity for them to co-locate on the tower that is being built two miles to the east because their license is to the county line and if they move any further east, their signal would encroach into an area they don’t currently have. Also, the existing tower would be approximately 100 feet shorter than this tower being requested and the coverage wouldn’t be as good.

Commissioner Carpenter motioned to approve the request by Linda L. Masters and Cellular Network Partnerships for a Conditional Use Permit to erect a guyed telecommunications tower 280 feet in height on property located at the southwest corner of the intersection of SE 103^rd St. and SE Flint Hills Rd., and authorize the Chair to sign Resolution No. 06-52 adding recommendation #7 stating that the tower will be completed within one year or the company will forfeit their bond. Commissioner Woydziak seconded the motion. Motion carried 3-2.

Commissioners Doll and Wheeler voted no because they felt that the tower located two miles from this tower site has not been completed and should be addressed before allowing another tower to be built.

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

Commissioner Waldorf stated that he would be meeting tomorrow at 1:00 p.m. with the Bank Proposal Committee.

Administrator Johnson said the jail count is 185.

ADJOURNMENT

Commissioner Wheeler motioned to adjourn the meeting of the Board at 12:35 p.m. Commissioner Carpenter seconded the motion. Motion carried 5-0.