June 7, 2004 Commissioner Minutes

June 7, 2004

BOARD OF FRANKLIN COUNTY COMMISSIONERS

The Board of Commissioners met in a regular session with Chairman John E. Taylor and Commissioners Fred E. Ferguson, Donald C. Hay, Donald R. Stottlemire and Donald E. Waymire present.

The meeting was called to order by Chairman Taylor at 8:30.

Max Flager 3629 Delaware Rd. opposed to rezoning application filed by Brian Mesik. Land needs to stay in agricultural production, need no new homes that will cause additional traffic.

Carl Eichenberger 962 Reno Rd. doesn’t want anymore junk trailers and his other concerns are in his letter he sent.

Jack Moody 3669 Florida Rd. said they have lost a lot of agricultural property to development.

Bill Elston 3890 Delaware Rd. opposed to rezoning. Roads are very dangerous. His kids were involved in an accident and he has a lot of medical bills.

Clinton McClanahan owns 170 acres, he is opposed to losing agricultural property to subdivisions.

Cyndia McClanahan 3893 Colorado Rd. has concerns about run off and flooding. There is more agricultural property going under and we are going to have to import more of our food. Farmers have to take a large gamble. Property taxes go up, they receive less of a profit. We need to look at future or are we going down a dangerous road.

Donna Eichenberger 962 Reno Rd. they own property east of this property. Development takes more farm ground. Young farmers can’t afford to purchase property because of development. Delaware Rd. is used as a freeway, it is not patrolled. She can’t begin to count number of accidents in last 40 years. The hill will need to be cut down and the road and a bridge will need to be widened.

Ray Hamilton said he is opposed to rezoning and sent a letter.

Bob Anderson 4050 Delaware Rd. said when pulling a piece of equipment it takes up the entire road and some people think you are going to go in the ditch so they don’t have to slow down.

Sheila Anderson 4050 Delaware Rd. said the roads are narrow and dangerous.

Max Flager said the road is dangerous with big farm equipment.

Jeannette Flager 3629 Delaware Rd. said they are 4^th generation farmers and because of the price you can get out of property to develop it, a farmer can not afford to buy any for farming purposes.

Becky Frieden 3462 Delaware Rd. said farm land needs to be kept for agricultural purposes.

Roberta Eichenberger 1006 Riley Rd. said roads are dangerous with large equipment, sometimes cattle get out and with people driving 40 mph they have a hard time stopping for the cattle.

Commissioner Hay moved and Commissioner Ferguson seconded to approve the minutes for June 2, 2004. All voted “yes.”

Commissioner Hay moved and Commissioner Ferguson seconded to approve the minutes for June 3, 2004. Chairman Taylor and Commissioners Ferguson, Hay and Waymire voted “yes.” Commissioner Stottlemire abstained.

Commissioner Hay said after the newspaper came out he received a phone call about the chiller unit in the detention facility. He didn’t think enough work was put into getting information about repairing/replacing the chiller unit.

Commissioner Waymire and Chairman Taylor said they made a decision based on the information they received.

Commissioner Waymire moved and Commissioner Stottlemire seconded to approve payroll change 04-256 for Craig Wood with the Ambulance Department. All voted “yes.”

Board discussed funding Positive Places-Positive Choices Program.

Commissioner Waymire moved and Commissioner Stottlemire seconded to deny the request for county funding of Positive Places-Positive Choices Program. All voted “yes.”

Commissioner Hay moved and Commissioner Waymire seconded to approve tax orders 2003-178 through 2003-182. All voted “yes.”

Commissioner Hay moved and Commissioner Stottlemire seconded to accept the bid from Crooks for carpet replacement for the County Attorney’s Office in the amount of $1,594.60. All voted “yes.”

Blaine Finch discussed adding a sick leave bank policy for County employees.

Commissioner Waymire moved and Commissioner Ferguson seconded to go into an executive session for 5 minutes at 9:15 for non-elected personnel with Board, Blaine Finch and Shari Perry present. All voted “yes.” Chairman Taylor opened the meeting at 9:20 and reported no action taken, no decisions made.

Commissioner Waymire moved and Commissioner Stottlemire seconded to go into an executive session for 5 minutes at 9:20 for non-elected personnel with Board, Blaine Finch and Shari Perry present. All voted “yes.” Chairman Taylor opened the meeting at 9:23 and reported no action taken, no decisions made.

Albert James 919 Virginia Dr. said that there needs to be signage to direct people to Lane.

Sue Farrell 916 N. Oak said she had a disclaimer that her husband is an employee of Franklin County, any statements or comments that she makes are hers. She has heard of the creation of the Human Resources Department and 4 or 5 years ago the County had a Human Resources Department and it was done away with because of costs. Her question is, are there issues or problems with Human Resources that she doesn’t know about. She doesn’t see anything wrong with the way it is being handled at this time, no one seems to be unhappy, we have not had lawsuits. Why open up a new department, even if you use an existing employee, we would still need another employee and are we going to hire someone with more experience or knowledge than the people we all ready have. We have taxes going up and a lot of senior citizens in this County. We have higher than the state average of people 65 and older that are on low fixed incomes. Between the City, County and School District there are always needs and she has a hard time seeing spending money that doesn’t need to be spent. If something is not broken why pay out money to fix it. Board made no comments.

Lynn Hiatt with Hiatt Heating and Cooling said he had received no calls about the chiller at the Jail either to fix it or bid to fix or replace. He called other companies and they had not received any calls about it either. He said he could have gotten a new compressor for $8,600 out of Kansas City with a 5 year warranty on it. He said you can also rent chillers. Lynn said that he felt something funny was going on that only one company was called. No local companies were even called. Commissioner Waymire asked Lynn if he was contacted to look at the unit, Lynn said no. Lynn said he was a taxpayer and he tried to look at the unit on Saturday, but was denied access. Lynn said he didn’t understand why just one company was contacted and they are out of Baldwin. Darrell Wadkins said that the bid we received for $34,000 was for an outside unit. Darrell doesn’t like to pay his employees overtime and doesn’t like to pay other companies overtime. Darrell Wadkins said Bill with A & H has not done anything wrong and he is an honest person. Darrell doesn’t think we should spend money to just get us by. Darrell said the life expectancy of a chiller is 20 years and this old one is past that. Darrell’s concern is to get it running and keep it running in a timely manner. Chairman Taylor said that was there concern also and it was an emergency situation. Lynn Hiatt said he still would like to have been contacted. Darrell Wadkins said he did not contact any local companies. He contacted companies in Topeka per the Board request. Chairman Taylor said they would look at it a little closer next time and contact local companies. Commissioner Hay said that they made a decision on the information they had. Commissioner Hay said that his problem is when the chiller actually went down, he realizes that there was a holiday and no one was working, but that information should have been obtained before the meeting last Wednesday. Commissioner Hay said there should have been more information given to them. Lynn Hiatt said he has been called before, but not this time.

Albert James asked about emergency radio communications. Blaine Finch said they are working on request for proposals. Craig Davis said the problem is portable radio’s not being able to communicate with dispatch.

Open bids at 10:00 for generators Jail/911 Dispatch, Ambulance Department and Courthouse.

Cummins Mid America

Model 60 KW-Natural Gas $17,432 for Courthouse

Model 70 KW-Natural Gas $18,510 for Ambulance Department

Model 125 KW-Natural Gas $31,872 for Jail/911 Dispatch

Model 125 KW-Diesel $24,782 for Jail/911 Dispatch

South Kansas City Electric (SKCE)

Model 60 KW-Natural Gas $36,758 for Courthouse

Model 70 KW-Natural Gas $50,596 for Ambulance Department

Model 125 KW-Natural Gas $55,090 for Jail/911 Dispatch

Martin Tractor

Model 60 KW-Natural Gas $20,840 for Courthouse

Model 70 KW-Natural Gas $23,080 for Ambulance Department

Model 125 KW-Natural Gas $28,490 for Jail/911 Dispatch

Model 125 KW-Diesel $29,078 for Jail/911 Dispatch

Darrell Wadkins said he would not recommend purchasing a diesel generator, because of the fumes and storage of fuel.

Board asked Darrell Wadkins, Craig Davis and Ted McCurdy to review bids and come back with a recommendation.

Commissioner Stottlemire said that there needs to be more discussion about purchasing a new generator for the Jail and the placement of a generator at the Courthouse.

Larry Walrod discussed rezoning application filed by Gilbert Pottorff to rezone approximately 3 acres from A-2 to R-3A and to rezone approximately 18.82 acres from A-2 to R-E. The property is located south of Highway K-68 between Vermont and Virginia Roads. Larry said the Planning Commission recommended approval.

Commissioner Stottlemire moved and Commissioner Waymire seconded to approve Resolution No. 04-44 rezoning approximately 3 acres located in Section 33, Township 16, Range 21 from A-2 to R-3A and rezoning approximately 18.82 acres located in Section 33, Township 16, Range 21 from A-2 to R-E all owned by Gilbert Pottorff. All voted “yes.”

Larry Walrod discussed rezoning application filed by Brian and Charity Mesik to rezone approximately 79.66 acres from A-1 to A-2. Larry said the County Clerk had received 15 letters in opposition of the rezoning. The property is located at the intersection of Sand Creek Rd. and Delaware Road on the North side of Sand Creek Rd. and the West side of Delaware Rd. The property is not in a structured water district and soil has limitations for septic systems. The applicants have indicated they would like to sell a 20 acre tract from one of the 40 acre tracts and construct a home on the 20 acres in the other 40 acre tract. Larry said the Planning Commission recommended approval.

Chairman Taylor said the road is better than the one he lives on and you can’t limit an owner to the amount of money they receive selling their property.

Commissioner Stottlemire said he was told zoning would protect agricultural property. This rezoning application does meet the current codes.

Commissioner Ferguson said he doesn’t like subdividing agricultural property, but he would have to approve it.

Commissioner Hay said we need to get started protecting agricultural property.

Max Flager stated that the property in question has 31 acres of tillable ground.

Commissioner Stottlemire moved and Commissioner Ferguson seconded to refer the application back to the Planning Commission, due to lack of attendance of the Planning Commissioners at the last planning meeting. Commissioners Ferguson, Stottlemire and Waymire voted “yes.” Chairman Taylor and Commissioner Hay voted “no.”

Larry Walrod discussed rezoning application filed by Patti Watkins to rezone approximately 10 acres from A-1 to R-E. The property is located on the West side of Iowa Rd. approximately ¼ mile South of Stafford Rd. Larry said the Planning Commission recommend approval.

Commissioner Waymire moved and Commissioner Stottlemire seconded to approve Resolution No. 04-45 rezoning approximately 9.86 acres located in Section 31, Township 15, Range 19 from A-1 to R-E being owned by Patti Broyles Watkins. All voted “yes.”

Larry Walrod discussed rezoning application filed by Bill Leib to rezone approximately 40.48 acres from A-1 to R-E. The property is located at the intersection of Jackson Rd. and Louisiana Rd. on the South side of Jackson Rd. and the East side of Louisiana Rd. Larry said the Planning Commissioner recommend approval.

Commissioner Waymire moved and Commissioner Stottlemire seconded to approve Resolution No. 04-46 rezoning approximately 40.48 acres located in Section 34, Township 17, Range 19 from A-1 to R-E being owned by Bill Leib. All voted “yes.”

Larry Walrod discussed rezoning application filed by Raymond Love and James Driver to rezone approximately 2 acres from A-1 to R-3A and rezone approximately 1.25 acres from R-3A to C-2. The property is located at the intersection of Highway K-68 and Delaware Rd. The purpose of the rezoning is to allow a Used Car Dealership. Larry said the Planning Commission recommended approval.

Commissioner Hay moved and Commissioner Waymire seconded to approve Resolution No. 04-47 rezoning approximately 2.70 acres located in Section 33, Township 16, Range 18 from A-1 to R-3A and rezone approximately 1 acre located in Section 33, Township 16, Range 18 from R-3A to C-2 being owned by James Driver. All voted “yes.”

Larry Walrod discussed an application for a Special Use Permits filed by Raymond Love for the operation of a Used Auto Sales Facility. The property is located at the intersection of K-68 and Delaware Rd. and property would have six conditions.

Commissioner Hay moved and Commissioner Stottlemire seconded to approve Resolution No. 04-48 approving a Special Use Permit for Raymond Love to operate a Used Auto Sales Facility and Office at the intersection of K-68 and Delaware Rd. with the following conditions:

1) That the Special Use Permit is granted for the use of a used auto sales facility including an office. Any additional uses will require approval of an amended Special Use Permit.

2) That used vehicles offered for sale shall be clearly identified as being “For Sale” and shall be parked/stored on an all weather surfaced parking area located East of the access driveway approximately 200 feet North of the South section line.

3) That the used car sales/storage area shall be surfaced with an all weather material within six (6) months from the date of approval.

4) That the applicant shall maintain and conform to the licensing requirements of the Kansas Department of Revenue.

5) Any sign(s) used in conjunction with this Special Use Permit shall conform to the Franklin County Zoning Regulations and the Kansas Highway Advertising Control Act, K.S.A. 68-2234(e).

6) That the Special Use Permit shall be null and void by operation of law if the Special Use Permit has not been initiated and utilized by commencing the activity or use at the site specified in said permit within one (a) year of the date of approval.

All voted “yes.”

Larry Walrod discussed rezoning application filed by Dale and Roxanne DeJarnette and owned by Marsha J. Wilken to rezone approximately 8.02 acres from A-2 to R-E. The property is located near the intersection of Florida Rd. and Kingman Rd. on the South side of Kingman Rd. Larry said the Planning Commission recommended approval.

Commissioner Hay moved and Commissioner Ferguson seconded to approve Resolution No. 04-49 rezoning approximately 8.02 acres located in Section 22, Township 17, Range 18 from A-2 to R-E being owned by Marsha J. Wilken. All voted “yes.”

Larry Walrod discussed rezoning application filed by Davis-Lane Properties, LLC to rezone approximately 80.52 acres from A-1 to R-3A. The property is located approximately ½ mile north of the City of Lane on the East side of Virginia Rd. and is surrounded by Douglas Terr., Virginia Drive and Virginia Road. Larry said the Planning Commission voted to deny the rezoning request, two were opposed to the denial and three Planning Commissioners were absent.

Todd Burroughs with Taylor Design Group discussed the 100 year flood area that is determined by FEMA.

Albert James 919 Virginia Dr. said he has seen a large part of this property flooded.

Todd Burroughs said Douglas Rd. which is a minimum maintenance road would be upgraded to full maintenance.

Larry Walrod said the Planning Commission denied because of Chapter 6 of the Comprehensive Plan that states residential development should not be within areas subject to the 100 year flood plain.

Commissioner Hay moved and Commissioner Waymire seconded to refer the rezoning request back to the Planning Commission. Chairman Taylor and Commissioners Ferguson, Hay and Waymire voted “yes.” Commissioner Stottlemire voted “no.”

Larry Walrod discussed rezoning application filed by Melvin and Sandra Edmonds to rezone approximately 5 acres from A-1 to R-E and rezone approximately 35 acres from A-1 to A-2. The property is located near the intersection of Rock Creek Rd. and Delaware Rd. on the North side of Rock Creek Rd. Larry said the Planning Commission recommend approval.

Commissioner Waymire moved and Commissioner Hay seconded to approve Resolution No. 04-50 rezoning approximately 5 acres located in Section 21, Township 17, Range 18 from A-1 to R-E and rezone approximately 35 acres located in Section 21, Township 17, Range 18 from A-1 to A-2 being owned by Melvin and Sandra Edmonds. All voted “yes.”

Larry Walrod discussed rezoning application filed by Larry and Mary Anderson to rezone approximately 5 acres from A-1 to R-E and rezone the remaining approximate 35 acres from A-1 to A-2. The property is located near the East side of Idaho Rd. between Shawnee and Riley Roads. Larry said the Board of Zoning Appeals has approved a variance request to permit the reduction in the lot length-to-width ratio and the Planning Commission recommended approval.

Commissioner Waymire moved and Commissioner Ferguson seconded to approve Resolution No. 04-51 rezoning approximately 5 acres located in Section 1, Township 16, Range 18 from A-1 to R-E and rezone approximately 35 acres in Section 1, Township 16, Range 18 from A-1 to A-2 being owned by Larry and Mary Anderson. All voted “yes.”

Chairman Taylor closed the meeting at 12:02 for lunch.

Chairman Taylor opened the meeting at 12:45. All present.

Commissioner Stottlemire moved and Commissioner Hay seconded to go into an executive session for 45 minutes at 1:00 for non-elected personnel for conducting a job interview, with Board, Blaine Finch, Shari Perry and applicant present. All voted “yes.” Chairman Taylor opened the meeting at 1:45 and reported no action taken, no decisions made.

Commissioner Waymire moved and Commissioner Ferguson seconded to go into an executive session for 35 minutes at 1:55 for non-elected personnel for conducting a job interview, with Board, Blaine Finch, Shari Perry and applicant present. All voted “yes.” Chairman Taylor opened the meeting at 2:30 and reported no action taken, no decisions made.

Commissioner Waymire moved and Commissioner Stottlemire seconded to go into an executive session for 15 minutes at 2:30 for non-elected personnel with Board, Blaine Finch and Shari Perry present. All voted “yes.” Chairman Taylor opened the meeting at 2:45 and reported no action taken, no decisions made.

With no further discussion the meeting was adjourned at 2:55.

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Clerk Chairman