BUTLER COUNTY BOARD OF COMMISSIONERS

Tuesday, April 27, 2004

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

ITEMS OF BUSINESS

ITEM #1 – PUBLIC HEARING FOR CLOSER OF CDBG GRANT FOR THE PRAIRIE ROSE PARALLEL RD. PROJECT.

Darryl Lutz, P.E., Director of Public Works, came before the Board to hold a public hearing for the purpose of receiving comments related to the Prairie Rose CDBG grant project. This final requirement of the grant, will allow the public to speak and a representative of the grant project to give a report on the work completed.

Commissioner Carpenter opened a public hearing at 9:10 a.m. to receive comments related to the Prairie Rose CDBG grant project and to close out the CDBG grant no. 02-IN-002. Commissioner Anderson seconded the motion. Motion carried 5-0.

Darryl Lutz stated that this CDBG Grant had been completed with all compliances met and that the final payment was due. There was no comment from the public.

Commissioner Carpenter closed the public meeting at 9:12 a.m.

Commissioner Doll motioned to table the closing of the Grant until the loan payment is received. Darryl Lutz will come before the Board at that time. Commissioner Shriver seconded the motion. Motion carried 5-0.

ITEM #2–CONSIDER A LOT SPLIT FOR MR. NORMAN KNOWLES. (CASE NO. PL-04-04).

Todd Kennemer, Director of Planning and Zoning, came before the Board for approval of the lot split for Mr. Norman Knowles. (Case No. PL-04-04). This property lies at the NW corner of the intersection of Adams Rd. & SE 15^th Street, 1341 SW Adams St, Towanda, KS. Since this is a lot split and the roads in this area are not through streets, an interior road is not necessary.

Commissioner Carpenter motioned to approve the lot split for Mr. Norman Knowles (Case No. PL-04-04) property located NW corner of the Intersection of Adams Rd. & SE 15^th Street. Commissioner Doll seconded the motion. Motion carried 5-0.

ITEM #3-CONSIDER A CHANGE OF ZONING CLASSIFICATION FROM MH TO COMMERCIAL. (CASE NO. RZ-04-04) {RESOLUTION 04-18}.

Todd Kennemer, Director of Planning and Zoning, came before the Board for approval to change the zoning classification from Mobile Home (MH) to Commercial. The property is located at the corner of Hwy 54 and Kafir Rd, just east of Bluestem Rd in El Dorado, KS. The request for a change of zoning to C-Commercial is in conformance with KDOT regulations regarding signage.

Commercial Wheeler motioned to approve {Resolution 04-18} changing the zoning classification from MH to Commercial. (Case No. RZ-04-04) and allow the Chair to sign. Commissioner Shriver seconded the motion. Motion carried 5-0.

ITEM#4-CONSIDER A REQUEST FOR CHANGE OF ZONING CLASSIFICATION FROM AG-40 TO COMMERCIAL. (CASE NO. RZ-04-05) {RESOLUTION NO. 04-19}.

Todd Kennemer, Director of Planning & Zoning, came before the Board for approval to change the zoning classification from AG-40 to Commercial. (Case No. RZ-04-05) {Resolution No. 04-19}. B& B Taveland, Inc. is requesting a change in zoning classification from AG-40 to Commercial on the tract of land located at 539 McCandless St. in Section 29, T-27-S, R-3-E, Andover, KS. The City of Andover disapproved of this request and encouraged property owners to apply to the city for annexation.

Commissioner Doll motioned to approve {Resolution No. 04-19} changing the zoning classification from AG-40 to Commercial (Case No. RZ-04-05) and allow the Chair to sign. Commissioner Anderson seconded the motion. Motion carried 5-0.

ITEM#5-CONSIDERA REQUEST FOR CHANGE OF ZONING CLASSIFICATION FROM AG-40 TO COMMERCIAL. (CASE NO. RZ-04-06) {RESOLUTION NO. 04-20}.

Todd Kennemer, Director & Zoning, came before the Board for approval to change the zoning classification from AG-40 to Commercial (Case No. RZ-04-06) {Resolution No. 04-20}. This 80-acre parcel is separated into 3 separate portions. Old Hwy 254 and the railroad separates the middle piece from the northern portion. This request is to rezone the entire 10-acre middle portion, and the NW 4 acres of the southern portion AG-40 to C-Commercial. This consideration was postponed until the Board receives approval from Norm Manley, County Counsel.

RECESS

Commissioner Carpenter motioned to recess the Board for 5 minutes, at 9:55 a.m.

RECONVENE

Commissioner Carpenter reconvened the Board at 10:00 a.m.

ITEM#6-CONSIDER A REQUEST FOR A HOMESTEAD LOT SPLIT WITH AGRICULTURE OVERLAY. (CASE NO. PL-04-05) {RESOLUTION 04-21}.

Todd Kennemer, Director of Planning & Zoning, came before the Board for approval for a Homestead Lot Split with Agriculture Overlay. (Case No. PL-04-05) {Resolution 04-21}. This application meets all the requirements of the split with Agriculture Preservation Overlay (APO). A residence cannot be built on the 35-acre APO lot without public sewer service.

Commissioner Wheeler motioned to approve {Resolution 04-21} a Homestead Lot split with Agriculture overlay. (Case No. PL-04-05) and allow the Chair to sign. Commissioner Shriver seconded the motion. Motion carried 5-0.

ITEM#7-CONSIDER KDHE GRANT/MATCHING FUNDS FOR CLEAN UP OF ILLEGAL DUMPSITE AT EASTERN EDGE OF EL DORADO (SHARPVILLE RD.)

Todd Kennemer, Director of Planning & Zoning illegal dumpsite at eastern edge of El Dorado on Sharpville Rd. KDHE has grant money available to pay 75% of the cost for clean up and removal of an illegal dumpsite.

Commissioner Wheeler motioned to approve submitting the application for the KDHE Grant/Matching funds, for the clean up of an illegal dumpsite at the Eastern Edge of El Dorado (Sharpville Rd.) and allow the Chair to sign. Commissioner Anderson seconded the motion. Motion carried 5-0.

ITEM#8-CONSIDER APPROVING NOTICE TO CONTRACTORS FOR TWO (2) BRIDGE DECK REHABILITATION PROJECTS IN NORTH BUTLER COUNTY AND FOR ROSE HILL ROAD RESURFACING IN ROSE HILL.

Darryl Lutz, P.E., Director of Public Works, came before the Board for approval of Notice to Contractor for two (2) bridge deck rehabilitation projects in North Butler County and for road resurfacing in Rose Hill area. This work is budgeted and is included in the Road and Bridge Capital Improvement Projects (CIP).

Commissioner Wheeler motioned to approve the notice to Surfacing Contractors of Project No. BC 843 (6-7) 04, for the resurfacing of Rose Hill Rd. between SW 190^th ST. and SW 170^th St. and the notice to Bridge Contractors for project Nos. BR 10N4-24-5-04 the West Branch Walnut River bridge deck rehabilitation project and BR 21C2-24-6-04 the Cole Creek bridge deck rehabilitation project and allow the Chair to sign. Commissioner Anderson seconded the motion. Motion carried 5-0

ITEM#9-CONSIDER AN ORDER TO GATE A PORTION OF NW 80^TH ST. AT HAW RANCH FEEDLOT NO. 2 NEAR POTWIN.

Darryl Lutz, P.E., Director of Public Works, came before the Board for approval of a Resolution to gate a portion of NW 80^th St. at Haw Ranch Feedlot No. 2 near Potwin. David Lowe with Haw Ranch Feedlot No. 2 located at NW Tawokoni Rd and Hwy K-196 has requested this portion closed because during wet seasons the road may becomes partially impassible.

Commissioner Shriver motioned to approve the order to gate ½ mile of NW 80^th St.

going east from NW Tawakoni Rd. and allow the Chair to sign. Commissioner Wheeler seconded the motion. Motion carried 5-0.

OTHER ITEMS OF BUSINESS

TABLED MOTION TO SIGN CONTRACT FOR CULVERT LETTING #59.

Darryl Lutz, P.E., Director of Public Works, came before the Board for approval of the contract for Culvert Letting #59 and allow the Chair to sign. This was tabled until after Norm Manley, County Counsel, approved the contract.

Commissioner Shriver motioned to approve the contract for Culvert Letting #59 and allow the Chair to sign. Commissioner Wheeler seconded the motion. Motion carried 5-0.

REQUEST FOR CHANGE OF ZONING ( FROM ITEM #5 THESE MINUTES)

Administrator Johnson along with James Hargrove spoke, on the phone, with Norm Manley, County Counsel, concerning {Resolution 04-06} changing the zoning classification of (Case No. RZ-04-06). This property is in 3 separate portions and the decision to address Lot A only was agreed upon and the applicant chose to withdraw Lot B from the application.

Commissioner Carpenter motioned to approve {Resolution 04-20} changing zoning AG-40 to Commercial, Lot A (Case No. RZ-04-06) and allow the Chair to sign. Commissioner Shriver seconded the motion. Motion carried 5-0.

Administrator Johnson reminded the Board of the 2^nd Annual Management Retreat, at Butler County Community College, Friday April 30, 2004.

Commissioner Anderson had a call from a juror, concerning the windows in the jury room and space in the jury box. They apparently let in a lot of sun and heat at the Judicial Building. Administrator Johnson stated that blinds had been ordered.

Commissioners set the dates of June 8, 2004, in Potwin and July 13, 2004, in Rose Hill, for evening Butler County Commission Meeting in those cities.

Darryl Lutz stated he had received the final payment for the CDBG Grant, in the morning mail. Mr. Lutz will come before the Board and ask for approval to close CDBG Grant next week.

APPROVAL OF ADDS & ABATES

Commissioner Wheeler motioned to approve the Adds & Abates #2185. The Adds are in the amount of $10,103.54. The Abates are in the amount of $7,007.51. Commissioner Anderson seconded the motion. Motion carried 5-0.

ADJOURN

Commissioner Wheeler motioned to adjourn the meeting of the Board at 11:10 a.m. Commissioner Doll seconded the motion. Motion carried 5-0.