BUTLER COUNTY BOARD OF COMMISSIONERS

Tuesday, November 26, 2002

Commission Chairman Randy Doll called the Butler County Board of Commissioners to order at 7:00 p.m. Present were Commissioner Bill Shriver, Commissioner Will Carpenter, Administrator Will Johnson Jr., Clerk, Abbe Carson.

ITEMS OF BUSINESS

ITEM #1 – REQUEST FOR ZONING CHANGE

Sharee VonElling, Butler County Planning & Development Land Use Planner came before the Board of Commissioners to request change of zoning classification from Agriculture-40 to rural residential. Ms. VonElling recommends that the Board of Commissioners deny this request because taxes are so delinquent on the property. Butler County does not have platting jurisdiction and by not allowing the zoning change, the County is guaranteeing the land will not be platted until the back taxes are paid.

Commissioner Shriver motioned to deny request for change of zoning classification from Agriculture-40 to Rural Residential due to delinquent taxes. Commissioner Carpenter seconded the motion. Motion carried 3-0.

ITEM #2 – REQUEST FOR HOMESTEAD LOT SPLIT/CASE NO. PL-02-12

Sharee VonElling, Butler County Planning & Development Land Use Planner came before the Board of Commissioners to request approval of Phil Martin’s request for a Homestead Lot Split with Agriculture Preservation Overlay.

Commissioner Carpenter motioned to approve request for a Homestead Lot Split with Agriculture Preservation Overlay on Case NO. PL-02-12/Resolution No. 02-73. Commissioner Shriver seconded the motion. Motion carried 3-0.

ITEM #3 – REQUEST FOR CHANGE OF ZONING CLASSIFICATION FROM AGRICULTURE 40 TO RURAL RESIDENTIAL/CASE NO. RZ-02-13/RESOLUTION NO. 02-74

Sharee VonElling, Butler County Planning & Development Land Use Planner came before the Board of Commissioners to request approval for change of zoning classification from Agriculture-40 to Rural Residential for land owned by Joe Wilson.

Commissioner Carpenter motioned to approve request for Change of zoning classification from Agriculture-40 to Rural Residential, Case No. RZ-02-12, Resolution 02-74. Commissioner Shriver seconded the motion. Motion carried 3-0.

ITEM #4 – REQUEST FOR CHANGE OF ZONING CLASSIFICATION FROM AGRICULTURE 40 TO C-COMMERCIAL/CASE NO. RZ-02-13/RESOLUTION NO. 02-75

Commissioner Shriver motioned to approve request for change of zoning classification from Agriculture-40 to C-Commercial for property owned by David Welch. Resolution 02-75. Commissioner Doll seconded the motion. Motion carried 3-0.

ITEM #5 – REQUEST FOR CONDITIONAL USE PERMIT FOR WINDFARM. KANSAS WINDPOWER CASE NO. CU-02-17/RESOLUTION 02-76. PUBLIC HEARING

Sharee VonElling, Butler County Planning & Development Land Use Planner, came before the Board of Commissioners to request approval for Conditional Use Permit for a Wind Farm

Commissioner Doll addressed the public group gathered and explained the Board of Commissioners would allow the citizens of Butler County to respond to the Wind Farm issues. Mr. Doll advised that the speakers would allow equal time for those in favor and against the Wind Farm issues. The following speakers were allowed to speak with a limit of 3 minutes for each speaker.

1. Jim Beech 20823 SW Hwy, Garnet, KS FAVOR

2. Donna Macleheny came from a Law Firm in Kansas City

(at request of Todd Kennemer) FAVOR

3. Pat Hughes 1110 SW 140^th, Leon, KS OPPOSE

4. Jerry Fuchs FAVOR

5. Bill Harrison 3865 SE Hwy 96, Leon, KS OPPOSE

6. Gary Dodak 7375 Eads Ave FAVOR

7. Lynn Preheim 150 N. Main, Wichita, KS OPPOSE

8. Shawn Enloe 1320 Pauline, Augusta, KS OPPOSE

9. Jaden Kutz 427 S. Willow, Douglass, KS FAVOR

10. Tom Mack 4104 Plum Tree, Wichita, KS OPPOSE

11. Greg May 7499 SW HWY 77, Leon, KS OPPOSE

12. Troy Hilman FAVOR

13. Matthew Patton 111 S. Summit B-5, El Dorado, KS OPPOSE

14. Phillip Lucas 5114 SE 140^th St., Leon, KS FAVOR

15. Ron Keltasky Manhattan, Kansas OPPOSE

16. Beth Smith 2325 Crest, Augusta, KS FAVOR

Commissioner Doll closed the public hearing and opened the discussion to the Board of Commissioners. Commissioner Shriver voiced that he wants to be able to guarantee success of the Wind Farm. Commissioner Shriver suggests sending the issue back to the Planning Board and requests more information from Planning & Development Director, Todd Kennemer.

Commissioner Carpenter stated that there is not enough financial information for him to feel comfortable making a decision.

Commissioner Doll is not in favor of remanding the issue back.

RECESS

Commissioner Doll called a 5 minute recess.

RECONVENE

Commissioner Doll called the Board of Commissioners meeting back to order at 8:46 p.m.

EXECUTIVE SESSION

Commissioner Carpenter motioned to go into executive session from 8:46 p.m. until 8:51 p.m. to discuss legal issues. Commissioner Doll seconded the motion. Motion carried 3-0. Those included in the executive session were County Counsel Norm Manley, County Counsel Mike Coash, County Administrator Will Johnson Jr., Commissioner Doll, Commissioner Shriver and Commissioner Carpenter.

RECONVENE

Commissioner Doll called the Board of Commissioners meeting back in session at 8:51 a.m.

Commissioner Carpenter motioned to remand the Wind Farm issues back to the Planning Commission for further research and submission of updated information from Todd Kennemer, Butler County Planning & Development Director. Commissioner Shriver seconded the motion. Motion carried 2-1. Commissioner Doll voted against remand.

ADJOURNMENT

Commissioner Shriver motioned to adjourn the Board of Commissioners Meeting at 8:54 p.m. Commissioner Doll seconded the motion. Motion carried 3-0.