July 12, 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.

Board, Shari Perry and Dale Watts left chambers at 8:30 to view an entrance to property owned by Lowell Broers on Riley Rd. 

Viewed Sand Creek Rd. at quarry.  Chairman Taylor said that Martin Marietta is going to asphalt their entrance, which should take care of a lot of the problem.

Met with Mr. Broers, Ray DeJulio, Jim Haag and Roger Hughes on Riley Rd.  Mr. Broers said that when Mr. Lister was the Engineer and Mr. Averill was a County Commissioner that they had an agreement regarding making the ditch wider.  Chairman Taylor said he has research the property deeds and can not find anything.  Mr. Hughes said he would like the ditch cleaned.

Back in chambers at 9:45.

Larry Walrod discussed a rezoning application filed by Brian and Charity Mesik to rezone approximately 79.66 acres from A-1 to A-2.  Larry stated that this matter has been before the Board before and was sent back to the Planning Commission to address concerns the Board had with the loss of agricultural land, increase traffic and run off due to residential development.  Larry stated that the Planning Commission did reconsider the rezoning request and had a 4-4 vote with one absent.  Larry stated that a tie vote has the effect of a recommendation of denial.  Larry stated that the Board of County Commissioners could adopt a resolution denying the rezoning request or adopt a resolution approving the rezoning request.  Larry said that the tracts were acquired in two separate deeds being approximately 40 acres each. Larry said if the zoning is approved a maximum of two additional homes could be built.  Larry said that there was a protest petition filed, which will require a 4/5’s vote by the Board to approve the rezoning request. 

Brian Mesik discussed a subdivision for Wheatland Farms that was approved by the County for a large subdivision, which was 100 acres plus of farm ground and was rezoned to R-E.  Brian said he was only asking for his property to be rezoned from A-1 to A-2 and it can still be used for agricultural property, where the Wheatland Farms Subdivision can not.  Brian asked that the Board approve the rezoning application for four 20 acre tracts.

Bryon Cates of Cates Surveying said that they have followed all of the regulations and they have met all of the requirements.  Bryon asked the Board to follow the guidelines and approve the rezoning request.

Carl Eichenberger of 962 Reno Rd. said all of the property to the east of the Mesik property has been in the Eichenberger family for over 100 years.

Carl Eisele of 3065 Shawnee Rd. and President of Franklin County Farm Bureau said that Farm Bureau policy is the concern of loss of production agriculture and living this close to Kansas City we can see that happening.  Planning should be done to preserve farm land and that is what zoning should do.  Carl asked the Board to deny the rezoning request.

Roberta Eichenberger of 1006 Riley Rd. said she is against development.  If they wanted to build a home and split off 20 acres for a child to build a home she would not be apposed. 

Cyndia McClanahan of 3893 Colorado Rd. said we can not provide full service for rural areas of the County.  They only have volunteer’s not full time fire department and the ambulance and police have to come from town. 

Jeannette Flager of 3629 Delaware Rd. opposed to rezoning.

Roy Dunn of 2817 Stafford Rd. said it seems appropriate to rezone tracts for family members to build homes, but when it is for development and profit and the person that owns the property is not going to live on it, rezoning rules are being used against saving agricultural property.

Chairman Taylor asked Blaine Finch for this comments.  Blaine said that the Board was not here today to set policy, but to act on this application.

Commissioner Stottlemire moved and Chairman Taylor seconded to go into an executive session for 5 minutes at 10:35 for attorney client privileges for legal advice with Board and Blaine Finch present.  All voted “yes.”  Chairman Taylor opened the meeting at 10:40 and reported no action taken, no decisions made.

Commissioner Waymire moved and Commissioner Ferguson seconded to approve a resolution to rezone approximately 79.66 acres owned by Brian and Charity Mesik from A-1 to A-2 located in Section 17, Township 16, Range 18.  Chairman Taylor and Commissioner Ferguson and Waymire voted “yes.”  Commissioners Hay and Stottlemire voted “no.”  (Required a 4/5’s vote, does not pass.)

Commissioner Stottlemire said he had a problem with Paul Hambelton an adjacent landowner not receiving notice of a hearing concerning the rezoning application

Commissioner Hay moved and Commissioner Stottlemire seconded to approve a resolution to deny rezoning approximately 79.66 acres owned by Brian and Charity Mesik from A-1 to A-2 in Section 17, Township 16, Range 18.  Commissioner Hay and Stottlemire voted “yes.”  Chairman Taylor and Commissioner Ferguson and Waymire voted “no.”

Larry Walrod discussed a rezoning application filed by Davis-Lane Properties, LLC to rezone approximately 80.52 acres from A-1 to R-3A.  Larry stated that this matter has been before the Board before and was sent back to the Planning Commission to address concerns the Board had with the fact that less than a majority of the Planning Commission membership voted to deny the rezoning application, the loss of agricultural land and a large portion of the property is in the floodplain.  Larry stated that after the Planning Commission reconsidered the application, the recommendation is to rezone the property located approximately ½ mile North of the City of Lane on the East side of Virginia Rd. and is surrounded by Douglas Terr, Virginia Dr. and Virginia Rd. from A-1 to R-E.

David Lee with Taylor Design Group said they did some more work on identifying the floodplain and made sure that each lot has at least 3 acres of build able property not located in the floodplain.

Commissioner Stottlemire moved and Commissioner Hay seconded to go into an executive session for 5 minutes at 11:05 for attorney client privileges for legal advice with Board and Blaine Finch present.  All voted “yes.”  Chairman Taylor opened the meeting at 11:10 and reported no action taken, no decisions made. 

Commissioner Stottlemire excused himself from the meeting, due to a possible conflict of interest.

Commissioner Waymire moved and Commissioner Ferguson seconded to approve Resolution No. 04-54 approving the rezoning of approximately 80.52 acres owned by Davis-Lane Properties, LLC from A-1 to R-E located in Section 27, Township 18, Range 21.  Chairman Taylor and Commissioner Ferguson and Waymire voted “yes.”  Commissioner Hay voted “no.”

Larry Walrod discussed a rezoning application filed by Robert Carey to rezone approximately 5 acres from A-1 to R-E and to rezone the remaining approximately 35 acres from A-1 to A-2.  Property is located north of the intersection of Louisiana Rd. and Hamilton Rd. on the East side of Louisiana Rd.  Larry said the Planning Commission recommended approval.

Commissioner Waymire moved and Commissioner Ferguson seconded to approve Resolution 04-55 approving the rezoning of approximately 5 acres from A-1 to R-E and to rezone the remaining approximately 35 acres from A-1 to A-2 owned by Robert Carey located in Section 3, Township 18, Range 19.  Chairman Taylor and Commissioners Ferguson, Hay and Waymire voted “yes.”  Commissioner Stottlemire abstained.

Larry Walrod discussed rezoning application filed by Robert Dodson, Jr. to rezone approximately 5.34 acres from A-2 to R-E.  Property is located near the intersection of Marshall Rd. and Nebraska Rd. on the south side of Marshall.  Larry said the Planning Commission recommended approval.

Commissioner Hay moved and Commissioner Waymire seconded to approve Resolution No. 04-56 approving the rezoning of approximately 5.34 acres from A-2 to R-E and owned by Robert Dodson, Jr. located in Section 8, Township 17, Range 20.  All voted “yes.”

Alan Radcliffe discussed two 2001 Chevy pickups that the Kansas Highway Patrol has used and are for sale as State surplus property.

Commissioner Hay moved and Commissioner Stottlemire seconded to approve the purchase of a 2001 Chevy 4-door, 4X4 pickup with a fiberglass cover in the amount of $17,600 from the State of Kansas for a Emergency Preparedness vehicle to be paid out of Equipment Reserve Funds.  All voted “yes.”

Chairman Taylor signed a Kansas Emergency Management 2005 Cooperative Agreement for a yearly reimbursement of half or up to $29,000 for personnel costs. 

Chairman Taylor signed a letter to the State appointing Alan Radcliffe as the Franklin County Emergency Manager.

Chairman Taylor asked Blaine Finch about a resolution to create a Human Resource Department leaving the payroll duties for the time being under the control of the County Clerk.  Blaine said he could bring it back after lunch.

Chairman Taylor closed for lunch at 11:55.

Chairman Taylor opened the meeting at 1:00.  All present.

Larry Walrod discussed rezoning application filed by David Doty to rezone approximately 5 acres from A-1 to R-E from an approximate 79.4 acre tract.  Property is located near the intersection of John Brown Dr. and Vermont Rd. on the south side of John Brown Dr.  Larry said the Planning Commission recommends approval.

Commissioner Waymire moved and Commissioner Stottlemire seconded to approve Resolution No. 04-57 approving the rezoning of approximately 5 acres from A-1 to R-E and owned by David Doty located in Section 16, Township 18, Range 21.  All voted “yes.”

Larry Walrod discussed rezoning application filed by Wayne L. Medlen to rezone approximately 15 acres from A-1 to R-E and rezone the remaining approximately 25 acres from A-1 to A-2.  Property is located near the intersection of Florida Terr and Thomas Rd.  Larry said the Planning Commission recommends approval.

Commissioner Waymire moved and Commissioner Ferguson seconded to approve Resolution No. 04-58 approving the rezoning of approximately 15 acres from A-1 to R-E and rezone the remaining approximately 25 acres from A-1 to A-2 and owned by Wayne L. Medlen located in Section 27, Township 15, Range 18.  All voted “yes.”

Larry Walrod discussed rezoning application filed by Ray Steanson to rezone approximately 4.2 acres from R-E to R-3A.  Property is located near the intersection of Indiana Terr. and Labette Rd. on the west side of Indiana Terr. and South of Labette Rd.  Larry said the Planning Commission recommends approval.

Commissioner Stottlemire moved and Commissioner Hay seconded to approve Resolution No. 04-59 approving the rezoning of approximately 4.2 acres from R-E to R-3A and owned by Ray Steanson located in Section 18, Township 17, Range 19.  All voted “yes.”

Larry Walrod discussed rezoning application filed by Burkdoll Brothers, Inc. to rezone approximately 22.5 acres from A-1 to A-2.  Property is located at the intersection of Tennessee Rd. and Douglas Rd. on the north side of Douglas Rd.  Larry said the Planning Commission recommends approval.

Commissioner Waymire moved and Commissioner Ferguson seconded to approve Resolution No. 04-60 approving the rezoning of approximately 22.5 acres from A-1 to A-2 and owned by Burkdoll Brothers, Inc. located in Section 25, Township 18, Range 20.  All voted “yes.”

Larry Walrod discussed rezoning application filed by David D. Jessen to rezone approximately 12.55 acres from A-1 to R-E  Property is located near the intersection of Oregon Rd. and Pawnee Rd. on the east side of Oregon Rd.  Larry said the Planning Commission recommends approval.

Commissioner Waymire moved and Commissioner Ferguson seconded to approve Resolution No. 04-61 approving the rezoning of approximately 12.55 acres from A-1 to R-E and owned by David D. Jessen located in Section 23, Township 16, Range 20.  All voted “yes.”

Larry Walrod discussed a special use permit application filed by Stephanie Poppe to operate a dog boarding and training facility.  Property is located on the south side of Thomas Rd. East of Colorado Rd. with six conditions.  Larry said the Planning Commission recommends approval.

Commissioner Hay moved and Commissioner Stottlemire seconded to approve Resolution No. 04-62 for a Special Use Permit permitting the operation of a dog boarding and training facility located in Section 29, Township 15, Range 18 with the following conditions: 1) That all structures used in conjunction with the dog training and boarding facility shall comply with the County Building Zoning Regulations, 2) That Sanitation facilities shall comply with the Franklin County Sanitation Code and any requirements of the Kansas Department of Health and Environment, 3) That a minimum of four parking spaces be provided to serve the dog boarding and training facility.  Such parking shall be an all weather surface and each parking space shall be at least 9 feet in width and 20 feet in length exclusive of access drives, 4) Identification signs shall be permitted but not to exceed 20 square feet, 5) That the total number of dogs maintained on-site shall be limited to twenty-five and 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 year of the date of approval.  All voted “yes.”

Larry Walrod discussed the Local Environmental Protection Program Grant Application for $13,631.

Commissioner Stottlemire moved and Commissioner Hay seconded to authorize Chairman Taylor to sign the LEPP Grant Agreement.  All voted “yes.”

Chairman Taylor discussed that he had contacted a tenant in the Annex asking if they want to expand their space.  Chairman Taylor said he has not been able to get in contact with Dr. Ransom.  Commissioner Stottlemire discussed public restrooms.

Blaine Finch discussed the revolving fund loan for the 36 Mile Plan.

Commissioner Hay moved and Commissioner Ferguson seconded to approve the minutes for July 7, 2004.  All voted “yes.”

Chairman Taylor asked Blaine Finch about a resolution to create a Human Resources Department.  Blaine Finch explained the draft resolution to the Board.  Commissioner Stottlemire said if and when it should ever happen.  Blaine said it could be made effective what ever date the Board decided, today, tomorrow or in ten years.  Commissioner Hay said he felt it would be a big cost to the taxpayers.  Commissioner Hay said that they should wait until a County Administrator is approved by the taxpayers before a Human Resources Department is created.  County Clerk Shari Perry said that it would have been nice to have been contacted instead of first discussing it behind her back with an employee of the Clerks Office.  Shari asked about the part of the draft resolution that states it will be staffed by individuals.  Shari asked why we are adding so many top employees, when there are departments that are under staffed with workers.  Shari asked if they are still considering have two employees in the Human Resources Department and pay them $80,000 per year.  Shari said that a number of the current department heads do not make $55,000 per year.  Chairman Taylor said that is the pay range for a Human Resources Director.  Commissioner Stottlemire said that he thinks it would be nice to have an Ambulance and Sheriff at each end of the County, but we can not do that either.  Commissioner Stottlemire said that it works for Miami County, but their tax base keeps increases to pay for the services without raising taxes.  Commissioner Waymire said that he has read in NACO that costs are higher without a HR Department.           

Commissioner Hay moved and Commissioner Stottlemire seconded to approve payroll change 04-274 for Keith Clark with Community Corrections.  All voted “yes.”

Commissioner Stottlemire moved and Commissioner Hay seconded to approve an Emergency Vehicle Designation application for Ron Puterbaugh.  All voted “yes.”

Blaine Finch discussed Martin Marietta and Sand Creek Rd.  Blaine also discussed the grant for the Homeless Shelter and that it requires a match, so it will not be accepted, because there is not match money available.

With no further discussion the meeting was adjourned at 2:40.

        __________________________________                                       ____________________________________

                                    Clerk                                                                                                   Chairman