BUTLER
COUNTY BOARD OF COMMISSIONERS
Tuesday, September 24, 2002
Commission Chairman Randy Doll called the Butler County Board of Commissioners to order at 9:00 a.m. Present were Commissioner Bill Shriver; County Administrator, Will Johnson Jr., and Deputy Clerk Barbara Day. Commissioner Will Carpenter was not present.
Treasurer Neal Parrish came before the Board of Commissioners to request permission to hire an employee to replace a position vacated August 16th.
Commissioner Shriver made a motion to allow Treasurer Parrish to fill the vacant position. Commissioner Doll seconded the motion.
Administrator Johnson presented the clerical position vacancy in Engineering which will occur when Sandy Zieman moves to the Administrator’s secretary position, and ask that the Department of Public Works Director be allowed to fill the vacancy.
Commissioner Shriver made a motion to allow Darryl Lutz, Director of Public Works, to fill the clerical position in Engineering. Commissioner Doll seconded the motion. Motion carried 2-0.
Darryl C Lutz, P.E., Director of Public Works came before the Board of Commissioners to present a proposal for a residential development at the SW corner of Ohio St. and SW
60th St. Mr. Lutz introduced Mark McCollum, Chuck Korte and Martin Geodecke to
address this proposal with the Commissioners.
Mr. Geodecke stated to the Board of Commissioners that the development area is 1 mile north of the City of Augusta in the City of Augusta’s extraterritorial jurisdiction for planning and subdividing. Mr. Geodecke stated that the City of Augusta is not willing to support the project at this time. The developers would be required to make internal improvements for public sewer and streets and will need public financing available under current policies. Mr. Geodecke stated that the developers wish to advise the Board of Commissioners of the proposed development and receive their support to go ahead on this project.
The developers will present estimated project costs as well as make a request for public financing for the proposed improvements at a future meeting. The project will require the creation of a benefit district for street improvements and benefit districts for public improvements. The project will be funded 100% by the developers and special benefit districts.
Mr. Doll advised Mr. Geodecke and the developers that he was not against the development but did not want to make a commitment until Commissioner Carpenter returned next week and could review the project with them.
Commissioner Shriver was supportive of the project because of the proposed sewer tie-in to Augusta’s facility, which would reduce pollution run-off into the City Lake, a drinking water source. Also, the land could be developed more intensely into the one-acre tracts.
Todd Kennemer, Director of Planning and Development presented for approval
CU-02-10/Resolution 02-61,Conditional Use Permit for a Shooting Range.
Mr. Kennemer advised the Board of Commissioners the Frosts own and reside on the 40-acre tract of land located on the south side of 135th St., 1/4-1/2 mile east of Shumway. A shooting range falls under Butler County Zoning Code, Section 7-301.16, “Uses not specifically listed as permitted nor as prohibited, may be allowed as a CUP”. This range is not a public range, nor will any memberships be sold. The range is for pistol and shotgun use but not for any type of rifles. It will have attendance of approximately 18 people, 2 weeks per month, and be used for private shooting/safety lessons conducted during the week.
Mr. Kennemer recommends approval of this CUP permit for a shooting range on a 6-0 vote by the Planning Commission, with the condition that the shooting range not be open to the public.
Commissioner Shriver made a motion to approve CUP permit CU-02-10/Resolution 02-61 for a shooting range. Commissioner Doll seconded the motion. Motion carried 2-0.
Todd Kennemer, Planning & Development Department presented for approval Resolution 02-62/RZ-02-10 for classification from Agriculture 40 to PRD-A.
Mr. Kennemer advised that Mr. Mason owns 80 acres located on the north side of SW 220th St, ¼ to ½ mile east of Prairie Creek Rd. Goedecke Engineering is drawing the plat for Mr. Mason, and the platting will be presented to the Board of Commissioners in the near future. The required road will be built to county standards and used as a driveway by the Mason’s. Mr. Mason plans to eventually sell the 5-acre tracts, and keep 10 acres for himself, and give 7 acres to a family member who will continue to farm both lots and the 20-acres of open space. A total of 37 acres will continue to be farmed. This tract of land lies inside the Urban Growth Area and is bounded on the north and on the south by RR-Rural Residential zoning districts, and on the east and west by AG zoning districts. An additional right-of-way will need to be dedicated along 220th St.
Mr. Kennemer recommends approval of the zoning classification change from Agriculture to PRD-A on a 6-0 vote by the Planning Commission, without conditions.
Commissioner Doll made a motion to approve the zoning classification change from Agriculture 40 to PRD-A Resolution 02-62/RZ-02-10. Commissioner Shriver seconded the motion. Motion carried 2-0.
VACATION
OF RIGHT OF WAY
Todd Kennemer, Director of Planning & Development Department presented to the Board of Commissioners for approval the vacation of the Alexander Street ROW, VC-01-01.
Mr. Kennemer advised the Commissioners that since 1954, the year Prairie Village 1st Addition was platted, the right-of-way for this portion of Alexander Street has never been used, not even for placement of utilities Mr. Linderholm owns all of Block 1 and lots No. 38-43 on Block 14. Since he owns property on both sides of the Current ROW. This portion will go to the owner of Lot 44. There are no utilities located in the ROW and no plans to locate any. The portion of Alexander Street ROW to be vacated is that portion adjoining Lots 38-44, Block 14; Lot 1, Block 1; and 134.18 feet of the SW property line of Lot 4, Block 1; Prairie Village 1st Addition.
Mr. Kennemer recommends approval of the vacation of the Alexander Street ROW on a 6-0 vote by the Planning Commission.
Commissioner Doll made a motion to approve the Alexander Street ROW, VC-01-01, and allow the Chairman to sign. Commissioner Shriver seconded the motion.
WHITEWATER
RIVER BRIDGE
Darryl C Lutz, P.E., Director of Public Works presented to the Board of Commissioners for approval the right-of-way purchases and acceptance of the right-of-way dedications for the East Branch of the Whitewater River bridge project on NW 80th St.
Mr. Lutz advised the Commission that the proposed bridge replacement project is in the Butler County CIP and is scheduled for letting in December 2002 by KDOT. That 3 tracts of right-of-way need to be acquired and the project will be ready for letting. The purchase offers are based upon values and damages previously submitted to the Board of Commissioners for consideration. This is a planned and budgeted project through the Bridge Building Fund.
Mr. Lutz recommends approval by the Commission of the right-of-way purchases and accept the right-of-way dedications for the East Branch of the Whitewater Bridge project on NW 80th St. located 1 mile South of Whitewater and authorize the Chairman to sign.
Commissioner Doll made a motion to approve 8C-3640-01 Certification of the right-of-way. Commissioner Shriver seconded the motion. Motion carried 2-0.
Commissioner Shriver made a motion to approve certification of Real Property Acquisition Procedures. Commissioner Doll seconded the motion. Motion carried 2-0.
Commissioner Shriver made a motion to approve the purchase amount of $1,500.00 for a tract of land for permanent road right-of-way in the SW ¼ of Section 19, T24S, R3E.
Commissioner Doll seconded the motion. Motion carried 2-0.
Darryl C Lutz, P.E., Director of Public Works presented to the Board of Commissioners for approval an agreement with Burns & McDonnell for engineering services related to construction of Area 1B of the Butler County Landfill.
Mr. Lutz advised the Commissioners that a total of 9 areas are planned in the landfill permit, and Burns & McDonnell Engineering Company is the County’s consultant for the landfill. The Board of County Commissioners authorized the Director of Public Works to negotiate a fee proposal with Burns & McDonnell. The estimated cost of construction is $1,280,000; the fee is less than 7.5% and is based upon estimated time and expenses for the requested scope of work. The scope includes aerial photography of the entire landfill and the construction & demolition landfill as well as plans and specification preparation for the construction of area 1B and associated improvements. Most of the fee is related to the CQA work for construction of the composite clay and geomembrane liner system. Volume calculations will also be made of the air space already consumed. The payment of services will be based upon actual cost with a not to exceed amount. Burns & McDonnell is a reputable national firm with expertise in the landfill and solid waste business and has serviced Butler County well in the past with no problems or disputes. Their firm is highly regarded by the KDHE.
Mr. Lutz recommends that the Board of Commissioners approve the engineering agreement with Burns & McDonnell for design, plans, project documents and construction engineering work required for the construction engineering work required for the construction of Area 1B at the landfill and authorize the Chairman to sign.
Commissioner Shriver made a motion to allow the Director of Public Works to contract with Burns & McDonnell Engineering Service for work on Area 1B of the Landfill, and allow the Chairman to sign. Commissioner Doll seconded the motion.
Motion carried 2-0.
PAUL’S VALLEY 3RD
ADDITION-CHANGE ORDER NO. 3
Darryl C. Lutz, Director of Public Works presented to the Board of Commissioners for approval a change order to replace an existing damaged culvert.
Mr. Lutz advised the Commissioners that this is a special benefit district road paving project for internal streets in Paul’s Valley 3rd Addition. In commencing of the work it was found that a culvert in the existing project was beyond repair and Poe & Associates recommends replacement of the culvert to prevent future problems. The Net increase of the change order to the contract is $576. The original contract amount was for $414,528 after net decreases in previous change orders; the new contract price with approved change orders will be $355,373. The costs of the project will be paid in full by the benefit district.
Commissioner Shriver made a motion to approve Change Order No. 3 for the replacement of a culvert in the amount of $576.00 to the Paul’s Valley 3rd Addition. Commissioner Doll seconded the motion. Motion carried 2-0.
Commissioner Doll made a motion to approve the certification of completion for the 3rd addition of Paul’s Valley street paving project, and allow the Chairman to sign. Commissioner Shriver seconded the motion. Motion carried 2-0.
FIRE DISTRICT #3-NEW
CONSTRUCTION
Richard B Kraybill, Architect and Fire Chief Dan Armstrong came before the Board of Commissioners to present the designs for the Fire Department building in Rose Hill for Fire District #3.
Mr. Kraybill advised the Commission that the additional acreage has been purchased to allow for the additional space needed to build. The building will have 10 bays and an 11th bay for the EMS ambulance. The building includes a training room that will act as a storm refuge shelter and command center, when needed. A supply room and three offices are also in the design.
Chief Armstrong discussed financing options with the Board of Commissioners. Commissioners support contacting George Baum Company for GO Bond information.
Commissioners directed Chief Armstrong to go ahead with financing research and return to the Board of Commissioners with the final amounts.
OTHER
Administrator Johnson stated that he had received vehicle counts and speed report from the Director of Public Works for SW 70th Street.
The following are summary reports for vehicle data collection for the section of SW 70th St. between Santa Fe Lake Rd. and Ohio Street Rd. Vehicle counts and speeds were recorded and tabulated at two locations as follows:
· ¼ mile East of Santa Fe Lake Rd.
West Bound direction 875 vehicles per day 85% speed: 59.25 mph
East Bound direction 963 vehicles per day 85% speed: 53.8 mph
Total Both Directions 1,838
vehicles per day
· 0.4 mile West of Ohio Street Rd.
West Bound direction 749 vehicles per day 85% speed: 62.8 mph
East Bound direction 838 vehicles per day 85% speed: 63.5 mph
Total Both Directions 1,587 vehicles per day
NOTE: The above information is based upon an average of the daily data for
Tuesday & Wednesday of the Week of September 10th, 2002.
ADJOURNMENT
Commissioner Doll made a motion to adjourn at 11:03 a.m. Commissioner Shriver seconded the motion. Motion carried 2-0.