BUTLER COUNTY BOARD OF COMMISSIONERS

Tuesday, September 26, 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 – PRESENT SPOTLIGHT AWARDS TO RUSSELL CLARK, CHRIS GRAY, DERYK RUDDLE, AND JEFF MOORE

Administrator Johnson came before the Board for presentation of a Spotlight Award to Chris Gray and Deryk Ruddle of Emergency Medical Services.  Russell Clark and Jeff Moore were not present at the meeting.  These gentlemen were nominated by Dr. Robert J. Grassino, Assistant Superintendent of Circle USD 375 for providing “outstanding” AED/CPR/First Aid training.  Mr. Grassino said their high degree of professionalism and commitment to public service was evident throughout their presentations.  Commissioner Woydziak congratulated them and presented the Spotlight Award and a $20.00 gift certificate to a local business.

 

ITEM #2 – CONSIDER APPROVAL OF ISLAND ANNEXATION REQUEST FROM THE CITY OF TOWANDA AT HIGHWAY 254 AND OHIO STREET ROAD

Paul Erickson, Towanda City Clerk, came before the Board for approval of a request to island annex property owned by Terry Duethman located at 254 Highway and Ohio Road, located approximately one mile from the City of Towanda.  The Commission has taken the approach in the past that until a plan could be presented from the City of Towanda that would include connection to public sewer, the County Commission would not entertain annexation of the property.  The City has now formally submitted a request for annexation as provided for in K.S.A. 12-520c. 

 

Mr. Erickson said it would be in the best interest of the city and the annexation process to consider the formation of a special improvement district to be able to connect the property to the City sewer system.  They plan on decommissioning the mechanical plant and putting in three new lagoons 1 ½ to 2 miles south of the plant to handle the additional homes built on the annexed property.  This work is to cost approximately $1.8 million.  Mr. Erickson said the revenue created from the specials would take care of the debt that the improvement district would incur.  He said growth could only occur to the North or West of the city.  For water service, Mr. Erickson said there is a water line along Ohio Street, which is serviced by Rural Water District #4.  Mr. Martin Goedecke presented a sketch showing 45 half-acre lots for single-family homes.

 

Attorney Jim Hargrove came before the Board and said they wanted to get a sense of the feeling of the Board about this island annexation.  He said there is no sense in going ahead with the planning if three or more of the commissioners are opposed to this island annexation.  Mr. Hargrove said that if the Board isn’t opposed, then the process would be for the City to come back with a utility plan including the sewer, water, and infrastructure.

 

The commissioners expressed concerns regarding creating density, safety on the road at the entrance of the subdivision because of its close proximity to a major intersection, and police protection since the subdivision would be a mile outside the city limits. 

 

After some discussion, Commissioner Doll said the Board is philosophically opposed to island annexations, but there are situations where it makes sense and warrants being done.  The Board said they needed questions answered, costs determined, and wanted to make sure this annexation would be feasible.

 

It was the consensus of the Board that they would like a letter from the water district stating they can serve this subdivision, the cost of connecting to the city sewer system, the cost of boring under the highway, and a more definitive land plan.  Commissioner Carpenter said he would like assurances from the City of Towanda that the area south of Hwy 254 would be residential and not commercial.

 

Commissioner Carpenter said the route of the sewer should be considered for the future growth of Towanda and it would be better coming out on 20th Street.  He wants the city to not just take the shortest route, but look at the potential for growth.

 

Commissioner Carpenter motioned to Table the request by the City of Towanda to annex the Duethman property until a later date.  Commissioner Wheeler seconded the motion.  Motion carried 5-0.  

 

RECESS

Commissioner Woydziak recessed the Board meeting at 9:50 a.m. for 10 minutes.

 

RECONVENE

Commissioner Woydziak reconvened the Board meeting at 10:00 a.m.

 

ITEM #3 – CONSIDER APPROVAL OF A SERVICE AGREEMENT WITH MOBILE VIDEO SERVICES, INC., FOR APPRAISAL SERVICES

Administrator Will Johnson came before the Board for approval of an agreement with Mobile Video Services, Inc. for appraisal services.  On August 22, 2006 the Board approved a proposal from Mobile Video Services, Inc., at a cost not to exceed $77,500 for installation and development of mobile video services within the County Appraisers Department.

 

Commissioner Doll motioned to approve the service agreement with Mobile Video Services, Inc. for appraisal service work and allow the Chair to sign.  Commissioner Waldorf seconded the motion.  Motion carried 5-0.

 

ITEM #4 – CONSIDER APPROVAL OF A HOMESTEAD LOT SPLIT WITH AN AGRICULTURAL PRESERVATION OVERLAY (CASE NO. PL-06-09)

Rod Compton, Director of Planning and Zoning, came before the Board for approval of a request by John W. Meyersick for a Homestead Lot Split & Agricultural Preservation Overlay (APO).  Mr. Meyersick is wanting to separate 10 acres with a residence from the rest of his 40-acre tract.  The Planning Commission recommended approval by a 6 to 0 vote.

 

Commissioner Waldorf motioned to approve the APO Lot Split located in the Southeast corner of the Southeast Quarter of the Northeast Quarter of Section 6, 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 Preservation Overlay agreement and survey of the residential site with the Register of Deeds.  Commissioner Carpenter seconded the motion.  Motion carried 5-0.

 

ITEM #5 – RECEIVE AND OPEN SEALED BIDS FOR ROAD SURFACING WORK ON SW BUTLER ROAD BETWEEN SW 170TH STREET AND HARRY STREET

(10:00 A.M.)

Darryl Lutz, P.E., Director of Public Works, came before the Board to receive and open sealed bids for road surfacing work on SW Butler Rd. between SW 170th St. and Harry St.  Bids were received from:

      LaFarge North America, Wichita, KS                 $519,359.32

      Cornejo, Wichita, KS                                         $406,017.63

      APAC – Kansas, Inc., Wichita, KS                 $441,683.38

 

Mr. Lutz stated that the Engineer’s estimate was $430,603.50.

 

Commissioner Doll motioned to accept the bids that were received and opened for Project No. BC 843(8-13) 06 for milling and bituminous surfacing work on 6 miles of SW Butler Rd. between SW 170th St. and Harry St. and direct the County Engineer to tabulate and evaluate the bids and to return at a later date with a recommendation for award of work.  Commissioner Waldorf seconded the motion.  Motion carried 5-0.

 

ITEM #6 – CONSIDER APPROVAL OF REQUEST FROM KANSAS GAS SERVICE COMPANY FOR AN EASEMENT ALONG THE RAIL LINE

David Alfaro, Director Butler County Economic Development, came before the Board with a request from Kansas Gas Service Company for a 20 ft. easement approximately 4,500 ft. in length along the rail line in Andover.  In 2003 the gas company paid $5,000 for 1,500 feet.  Mr. Mike Pruitt and Ed Koehler represented Kansas Gas Service at the meeting.  The consensus of the Board was to negotiate a price with Kansas Gas Service and return at a later date.   

 

Ron Roberts, County Clerk, came before the Board and said the easement would be going through homeowners’ back yards on the north side of the rail line and asked for consideration in putting the easement on the south side of the railroad track where there is no development.  The Kansas Gas Service representative said there shouldn’t be a problem with this request, and the Board agreed that the easement should be on the south side of the railroad tracks.

 

Commissioner Doll motioned to grant approval of an easement to Kansas Gas Service for the railroad line generally located in Andover contingent on an agreed upon value for the easement.  Commissioner Waldorf seconded the motion.  Motion carried 5-0.

 

ITEM #7 – CONSIDER APPROVAL OF INCREASING THE RATE OF SCKEDD’S ADMINISTRATIVE FEES ON BUTLER COUNTY’S MICRO-LOAN PROGRAM

David Alfaro, Director Butler County Economic Development, came before the Board for approval to increase the rate of SCKEDD’s administrative fees paid from 3% to 7% in two steps.  One 2% increase in January 2007 and one 2% increase in January 2008.

Commissioner Waldorf motioned to approve increasing SCKEDD’s administrative fees on Butler County’s Micro-Loan Program to be effective January 1, 2007 with a 2% increase and January 1, 2008 with a 2% increase.  Commissioner Doll seconded the motion.  Motion carried 5-0.

 

ITEM #8 – CONSIDER APPROVING AMENDMENTS TO THE ZONING MAP

Rod Compton, Director of Planning and Zoning, came before the Board for approval of the amendments to the zoning map. 

 

Commissioner Doll motioned to approve the proposed changes on the zoning map and authorize the Chair to sign Resolution 06-46 with the exception of Section 31, 32 and the West ¾ of Section 33, Township 26S, Range 3E to be changed to AG-40 designation.  Commissioner Waldorf seconded the motion.  Motion carried 5-0.

 

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

Commissioner Woydziak said the meeting in Emporia was well attended and said he would recommend they vote on creating the position of Lyon County Administrator in November.

 

Administrator Johnson and the Board reviewed the Loan Activity Report for the Micro Loans.

 

Administrator Johnson said that Intrust Bank is requesting the Butler County Commission Chair sign a statement allowing Treasurer Ruth Fechter to make investments for the county.  County Counsel will review the statement to be approved at a later date.

 

Commissioner Carpenter said he attended the Juvenile Justice Dinner last night and Commissioner Don Jordan was there.

 

ADJOURNMENT

Commissioner Waldorf motioned to adjourn the meeting of the Board at 11:20 a.m.  Commissioner Doll seconded the motion.  Motion carried 5-0.