BUTLER COUNTY BOARD OF COMMISSIONERS

Tuesday, January 28, 2003

Commission Chairman Carpenter called the Butler County Board of Commissioners to order at 9:00 a.m. Present were Commissioner Phil Anderson, Commissioner Will Carpenter, Commissioner Randy Doll, Commissioner Bill Shriver, Commissioner Mike Wheeler, County Administrator Will Johnson Jr., and Clerk Brenda Brychta

ITEMS OF BUSINESS

ITEM #1 – CONSIDER BYLAWS OF AREA WIDE COUNCIL OF THE CENTRAL PLAINS AREA AGENCY ON AGING.

Butler County Department of Aging Director, Connie Rausch, came to Board of Commissioners to recommend that the Board of County Commissioners give the Chairman authority to sign the revised Bylaws of the Area Wide Council of The Central Plains Area Agency on Aging (CPAAA).

Commissioner Doll motioned to give the Chairman of the Board of County Commissioners authority to sign the revised Bylaws of the Area Wide Council of The Central Plains Area Agency on Aging. Commissioner Shriver seconded the motion. Motion passed 5-0.

ITEM #2 – CONSIDER PROPOSAL FOR A RESIDENTIAL DEVELOPMENT AT THE SW CORNER OF OHIO ST. & SW 60^TH ST.

Martin Goedecke, Engineer for Mark McCollum and Chuck Korte, came to the Board of Commissioners for consideration of a revised proposal for a residential development at the SW corner of Ohio Street and SW 60^th Street near Augusta but within Augusta’s extraterritorial jurisdiction for planning and subdividing.

The Commissioners voiced their approval of the revised proposal for a residential development at the SW corner of Ohio Street and SW 60 Street.

ITEM #3 – CONSIDER CHANGE OF ZONING FROM AGRICULTURE TO COMMERCIAL (Case No. RZ-03-11) {Resolution No., 03-07}

Director of Planning & Zoning, Todd Kennemer, came before the Board of Commissioners to consider a change of zoning of the old Vanora school building located at 2436 SW 40^th Street from Agriculture to Commercial as submitted by Dick Adelsperger of 3D Investments.

Commissioner Shriver motioned to approve rezoning of the old Vanora school building located at 2436 SW 40^th Street, from Agriculture to Commerical. Case No. RZ-03-01, Resolution 03-07. Commissioner Wheeler seconded the motion. Motion carried 5-0.

ITEM #4 – CONSIDER REQUEST FOR FINAL PLAT APPROVAL OF MARISSA MEADOWS (Case No. PL-03-02)

Director of Planning & Zoning, Todd Kennemer, came to the Board of Commissioners to request final plat approval of the Marissa Meadows subdivision, formerly known as Richland Meadows subdivision. (Case No. PL-03-02)

Commissioner Doll motioned to approve the final plat of Marissa Meadows, Case No. PL-03-02. Commissioner Shriver seconded the motion. Motion carried 5-0.

ITEM #5 through ITEM #8 CONSIDER CHANGE OF ZONING OF BROME RIDGE ESTATES (Case No. RZ-03-02) {Resolution No. 03-08}; (Case No. PL-03-02); (Case No. RZ-03-03) {Resolution No. 03-09}; (Case No. RZ-03-04) {Resolution No. 03-10};

Director of Planning & Zoning, Todd Kennemer, came to the Board of Commissioners for approval of the change to the zoning in the Brome Ridge development south of the City of Elbing, Kansas. The applicants are Mr. Ron J. Harder and Mr.Greg Diamond.

Commissioner Shriver motioned to remand the case numbers RZ-03-02, PL-03-02, RZ-03-03, and RZ-03-04 back to the department of Planning & Zoning for further review and discussion of the County Comprehensive Plan with the City of Elbing, Kansas. Commissioner Anderson seconded the motion. Motion carried 5-0.

RECESS

Commissioner Carpenter called a recess at 9:45 A.M.

RECONVENE

Commissioner Carpenter called the meeting back to order at 9:52 A. M.

ITEM #9 – CONSIDER A FAIR HOUSING POLICY RELATED TO COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENTS WITH BUTLER COUNTY.

County Engineer, Daryl Lutz, came before the Board of Commissioners for approval of the revised Civil Rights/Fair Housing Policy related to the Community Development Block Grant.

Commissioner Shriver motioned to table revised Civil Rights/Fair Housing Policy pending review by and signature of County Attorney, Norm Manley. Commissioner Carpenter seconded the motion. Motion carried 5-0.

Mr. Lutz returned with the revised Civil Rights/Fair Housing Policy signed by County Attorney Norm Manley.

Commissioner Doll motioned to approve the revised Civil Rights/Fair Housing Policy, as reviewed and signed by County Attorney, Norm Manley. Commissioner Shriver seconded the motion. Motion carried 5-0

ITEM #10 – CONSIDER A FINAL CHANGE ORDER FOR THE LANDFILL GAS SYSTEM PROJECT.

County Engineer, Daryl Lutz, came before the Board of Commissioners for approval of the final Change Order Request for the Landfill Gas System Project by Earth Solutions, Inc.in the amount of $17,366.30. Project No. LF-GS01-02.

Commissioner Wheeler motioned to approve the final Change Order Request for the Landfill Gas System Project by Earth Solutions, Inc. in the amount of $17,366.30. Project No. LF-GS01-02. Commissioner Anderson seconded the motion. Motion carried 5-0.

ITEM #11 – CONSIDER AUTHORIZING A NOTICE TO CONTRACTORS TO SUBMIT BIDS FOR CULVERT LETTING #58 – 12 CONCRETE BOX CULVERTS THROUGHOUT BUTLER COUNTY.

County Engineer, Daryl Lutz, came before the Board of Commissioners to consider authorizing a notice to contractors to submit bids, plus alternate bids, for Culvert Letting #58 – 12 concrete box culverts throughout Butler County. The 2003 Bridge Building Budget provides for $250,000 for Culvert Letting No. 58. The estimated cost for all structures is $225,000. Bids would be accepted until Tuesday, March 11, 2003 at 10:00 A.M.

Commissioner Shriver motioned to approve notifying contractors to submit bids, plus alternate bids, for Culvert Letting #58 – 12 concrete box culverts throughout Butler County and accepting bids until Tuesday, March 11, 2003 at 10:00 A. M. Commissioner Anderson seconded the motion. Motion carried 5-0.

OTHER ITEMS

Engineer Daryl Lutz came before the Board of Commissioners with an update on the Prairie Rose road construction project. Mr. Lutz said the proposed start date will be February 4, 2003.

Sheriff, Stan Cox, came before the Board of Commissioners to notify the Commissioners that a grant has been received in the amount of $8,100.00, for the purchase of video camera and radar equipment parts to be assembled by the Sheriff’s staff. The Commissioners agreed that no bids need to be requested.

Commissioner Shriver motioned to approve the grant money be used for the purchase of video camera and radar equipment parts. The cameras and radar equipment will be assembled by the Sheriff’s office. Commissioner Doll seconded the motion. Motion carried 5-0.

Administrator Johnson came before the Board of Commissioners to approve the transfer of Brenda Brychta from the County Treasurer’s office to the County Clerk’s office, thus creating a vacancy in the Treasurer’s office. Also, Mr. Johnson requested the filling of the openings in Building and Grounds Department be approved. The Commissioners agreed, however, the vacancy in the Treasurer’s office will be considered pending further budget review with County Treasurer, Neal Parrish and Administrator Johnson.

RECESS

Commissioner Carpenter called a recess at 10:45 A.M

CALL TO ORDER

Commissioner Carpenter called the meeting back to order at 10:55 A.M.

Director of Planning & Zoning came before the Board of Commissioners to discuss the evening’s agenda. The Commissioners agreed to move the Motor-Cross proposal to the first item on the evening agenda.

RECESS TO 7:00 PM JANUARY 28, 2003

Commissioner Doll motioned to recess at 11:40 A.M., until 7:00 PM January 28, 2003. Commissioner Anderson seconded the motion. Motion carried 5-0

RECONVENE

Commissioner Carpenter called the meeting of the Butler County Commissioners to order at 7:00 PM.

ITEM #13 – CONSIDER REQUEST FOR CONDITIONAL USE PERMIT (CUP) FOR MOTOR-CROSS RACING TRACK. (Case No. CU-02-21) {Resolution No. 03-11}

Butler County Planning & Zoning Director, Todd Kennemer, came before the Board of Commissioners requesting consideration of a Conditional Use Permit for moto-cross racing on a 160-acre portion of the Winzer’s 276-acre tract. (Case No. CU-02-21, Resolution No. 03-11) Mr. Kennemer stated that the Planning Commission recommends denial of the Condition Use Permit for moto-cross racing in Winzer’s 276-acre tract.

Commissioner Anderson made the motion to deny the Conditional Use Permit for moto-cross racing on a 160-acre portion of the Winzer’s 276-acre tract Case No. CU-02-21, Resolution No. 03-11 stating the noise and dust levels for his reasons. Commissioner Shriver seconded the motion. Polling of Board:

Anderson – Yes

Doll – Yes

Carpenter – Yes

Shriver – Yes

Wheeler - Yes

Motion passed 5-0

ITEM #12 – CONSIDER REQUEST FOR CONDITIONAL USE PERMIT (CUP) FOR WINDFARM. KANSAS WINDPOWER (Case No. CU-02-17) {Resolution No. 03-12}

Planning & Zoning Director, Todd Kennemer, came before the Board of Commissioners requesting consideration of a Conditional Use Permit for the Kansas Windpower to establish a windfarm south of Leon, Ks. (Case No. CU-02-17, Resolution No. 03-12)

Mr. Kennemer stated that the Planning Commission recommended approval of the Conditional Use Permit for Kansas Windpower on land south of Leon, Ks. Mr. Kennemer stated that there is a valid protest petition on file.

Administrator Johnson reminded the Board members that this vote would take a 75% or a 4-1 vote to be approved.

Commissioner Shriver disclosed that he has property east of Leon, which is under lease to Zilka for wind monitoring. The County Attorney and his private attorney have assured him that since he had no financial interest in these two cases before the Board,

he could participate in the discussion and decision.

Commissioner Shriver motioned to approve the Conditional Use Permit for Kansas Windpower to establish a windfarm south of Leon, Ks. (Case No. CU-02-17, Resolution No. 03-13). Commissioner Shriver states his reasons as follows:

1. Consistent with planning and zoning regulations. Environmentally sound and compatible with surrounding farm and ranch land only changing the view.

2. Increase tourism.

3. Roads in good condition

4. Natural resource to provide new clean energy and provide a revenue source for landowners.

5. Property is suitable for proposed use.

6. Planning & Zoning recommend.

7. Environmentally friendly, create jobs and are safe.

8. No adverse affect on property.

No second to the motion. Motion dies for lack of a 2^nd.

Commissioner Carpenter motioned to deny a Conditional Use Permit for a windfarm by Kansas Windpower. (Case No. CU-02-17, Resolution 03-12) for the following reasons:

1. The County Comprehensive Plan, Butler 2000, defines the County’s long-term goals of a preservation plan, a plan for rural unincorporated areas and urban unincorporated areas and identifies areas that should not be developed, areas that are not ready for development and areas that should remain in tact.

2. One of the fundamental policies of the comprehensive plan states a countywide strategy for preserving rural and agricultural heritage of our county. Also to preserve the natural features of the environment.

3. The geographic area covered by the plan is the whole County with the exception of incorporated cities and towns.

4. Rural agricultural preservation is a primary concern in considering any public action such as capital improvements to regulate private development proposals outside the designated area.

Commissioner Anderson seconded the motion. Board polled:

Anderson – Yes

Doll – Yes

Carpenter – Yes

Shriver – No

Wheeler - Yes

Motion passed 4-1.

ITEM #14 thru ITEM # 17– CONSIDER REQUEST FOR CONDITIONAL USE PERMIT (CUP) FOR A WINDFARM. ELK RIVER WINDFARM (Case Number CU-02-18) {Resolution No. 03-13}, (Case No. CU-02-19) {Resolution No. 03-14}, (Case No. CU-02-20) {Resolution No. 03-15}, (Case No. CU-02-22) {Resolution No. 03-16}

Planning & Zoning Director, Todd Kennemer, came before the Board of Commissioners requesting consideration of a Conditional Use Permit for the Elk River Windfarm. (Case No. CU-02-18, Resolution No. 03-13). This is approximately 3 miles south of Beaumont, Ks. Mr. Kennemer state that the Planning & Zoning Commission recommends approval of these Conditional Use Permits. No protest petitions were filed.

Mary Jane Nordstrom, of Overland Park, Ks. and co-owner of the property in question, came to the Board of Commissioners to state her approval of the Conditional Use Permit for the Elk River Windfarm.

Steve Trent, of SE Butler County and landowner near the proposed windfarm, came before the Board of Commissioners to ask for denial of the Conditional Use Permit for the Elk River Windfarm.

Pete Farrell, resident and owner of land in the proposed windfarm area, came before the Board of Commissioners to ask for approval of the Conditional Use Permit for the Elk River Windfarm.

Dave Murfin, of Wichita and landowner near the proposed windfarm area, came before the Board of Commissioners to ask for denial of the Conditional Use Permit for the Elk River Windfarm.

Les Cooper, of Wichita, landowner near the proposed windfarm area, came before the Board of Commissioners to ask for approval of the Conditional Use Permit for Elk River Windfarm.

Twila Wagner, of Mulvane, Ks. and land owner West of the SW corner of proposed windfarm. Ms. Wagner stated she was neither for nor against the Conditional Use Permit, but wished to express her feelings.

Jeff Schlicting, President of Elk River Windfarm, came before the Board of Commissioners ask for approval of the Conditional Use Permit for Elk River Windfarm

and to answer any questions.

Pat Hughes, of Leon Ks. and attorney for Mr. Dave Murfin, came before the Board of Commissioners to ask for denial of the Conditional Use Permit for the Elk River Windfarm. Mr. Hughes asked that Commissioner Shriver recuse himself from these proceedings and ask that the Commission follow the law in this decision.

Butler County Attorney, Norm Manley, came before the Board of Commissioners to answer any questions and clarify information on notification of landowners within 1,000 feet of the proposed windfarm area.

Pat Hughes again came before the Board of Commissioners questioning the 1,000 foot setback and notification of property owners in that area.

Jeff Schlichting of Elk River Windpower responded to Mr. Hughes question stating that Mr. Murfins property is more than a mile and a half from the affected windfarm area.

Commissioner Shriver motioned to approve the Conditional Use Permit for the Elk River Windfarm for the same reasons as listed below:

1. Compatible with surrounding farm and ranch land only changing the view.

2. Increase tourism.

3. Roads in good condition

4. Consistent with planning and zoning regulations. Environmentally sound and Natural resource to provide new clean energy and provide a revenue source for landowners.

5. Not applicable.

6. Property is suitable for proposed use.

7. Planning & Zoning recommend.

8. Environmentally friendly, create jobs and safe.

9. No adverse affect on property.

Commissioner Anderson seconded the motion. Board was polled:

Anderson – Yes

Carpenter – No

Doll – No

Shriver – Yes

Wheeler – Yes

Motion passed 3-2.

ADS AND ABATES #2130

Commissioner Carpenter motioned to approve the Ads in the amount of $6,165.01 and Abates in the amount of $9,576.00. Commissioner Doll seconded the motion. Motion carried 5-0.

ADJOURN

Commissioner Doll motioned to adjourn. Commissioner Shriver seconded the motion. Motion carried 5-0.