October 4, 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 and Donald E. Waymire present.  

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

Larry Walrod discussed rezoning application filed by Ronald Spencer to rezone approximately 3.6 acres from A-1 to R-3A and to rezone approximately 36.4 acres from A-1 to A-2.  The purpose for the rezoning is to sell off tract.  The property is located at the intersection of Rock Creek Rd. and Ohio Terr. on the South side of Rock Creek Rd. on the West side of Ohio Terr.  Larry stated that the Planning Commission recommended approval.

Commissioner Hay moved and Commissioner Waymire seconded to approve Resolution No. 04-84 approving the rezoning of approximately 3.6 acres from A-1 to R-3A and to rezone approximately 36.4 acres from A-1 to A-2 owned by Ronald E. Spencer and located in Section 27, Township 17, Range 20.  All voted “yes.”

Larry Walrod discussed rezoning application filed by David Wharton to rezone approximately 3.5 acres from A-1 to R-3A.  The property is located near the intersection of Cloud Rd. and Ohio Rd. on the West side of Ohio Rd. South of Cloud Rd.  The purpose for the rezoning is to sell tract and home.  Larry stated the Planning Commission recommended approval. 

Commissioner Waymire moved and Commissioner Hay seconded to approve Resolution No. 04-85 approving the rezoning of approximately 3.5 acres from A-1 to R-3A owned by David Wharton and located in Section 4, Township 19, Range 20.  All voted “yes.”

Larry Walrod discussed rezoning application filed by Frank Fogle, Jr. and owned by Fogle Rentals, LLC to rezone approximately 317.1 acres from I-1 to A-1.  The potential buyer would operate a commercial nursery.  The zoning change is required to avoid a conflict with the State of Kansas regarding using the water from the quarry for irrigation of the nursery.  The property is located North of Labette Rd. (23^rd St.) and East of Montana Rd.  Larry stated that no comments for or against the proposed rezoning were received by the Planning Department and a representative from the City of Ottawa stated that the City Planning Commissioner and the City Commissioners supported the rezoning.  Larry said that the Planning Commission recommended approval.

Commissioner Hay moved and Commissioner Ferguson seconded to approve Resolution No. 04-86 approving the rezoning of approximately 317.1 acres from I-1 to A-1 owned by Fogle Rentals, LLC and located in Section 12, Township 17, Range 19.  All voted “yes.”

Larry Walrod discussed rezoning application filed by Florence Gamet, Trust to rezone approximately 70 acres from A-1 to A-2.  The purpose for the rezoning is to permit the split into one 30 acre tract and two 20 acre tracts.  The property is located near the intersection of Georgia Rd. and Pawnee Rd.  Larry stated that four people appeared at the public hearing opposing the rezoning based on potential increase in traffic and impacts on narrow County roads and lack of public water.  Larry said the Planning Commission recommended approval.  Scott Bird, representing Florence Gamet Trust said the property lies along Georgia Rd.

Commissioner Hay moved and Commissioner Ferguson seconded to approve Resolution 04-87 approving the rezoning of approximately 70 acres from A-1 to A-2 owned by Florence E. Gamet, Trust and located in Section 22, Township 16, Range 18.  All voted “yes.”

Larry Walrod discussed rezoning application filed by George Wingert, Jr. to rezone approximately 70.1 acres from A-1 to R-3A.  The purpose for the rezoning is to permit the division to develop a subdivision.  The property is located near the intersection of Thomas Rd. and Utah Rd.  Larry stated that four people appeared at the public hearing opposing the rezoning of the entire 70.1 acres at this time since the applicant did not have a subdivision plat or a design plan.  They also voiced concerns regarding water pressure.  Larry said the Planning Commission recommended approval.

Commissioner Hay moved and Commissioner Ferguson seconded to approve Resolution No. 04-88 approving the rezoning of approximately 70.1 acres from A-1 to R-3A owned by George Wingert, Jr. and located in Section 29, Township 15, Range 21.  All voted “yes.”

Larry Walrod discussed rezoning application filed by Midwest Trust Company, Trustee with property owner being Alma Mock, Trust to rezone approximately 11.35 acres from a 108.4 acre tract from A-1 to R-E.  Property is located approximately ¼ mile west of the intersection of Nebraska Rd. and Riley Terr. on the South side of Riley Terr.  Larry said the purpose of the rezoning is for financing purposes.  Larry said the Planning Commission recommended approval.

Commissioner Waymire moved and Commissioner Hay seconded to approve Resolution No. 04-89 approving the rezoning of approximately 11.35 acres from A-1 to R-E owned by Alma Mock, Trust and located in Section 5, Township 16, Range 20.  All voted “yes.”

Larry Walrod discussed rezoning application filed by John Shepherd to rezone approximately 8.65 acres from A-1 to R-E.  The property is located between Jackson and Rock Creek Roads on the West side of Colorado Rd.  Larry said the purpose is to finance the construction of the new residence.  Larry said the Planning Commission recommended approval.

Commissioner Hay moved and Commissioner Ferguson seconded to approve Resolution No. 04-90 approving the rezoning of approximately 8.65 acres from A-1 to R-E owned by John Shepherd and located in Section 29, Township 17, Range 18.  All voted “yes.”

Larry Walrod discussed special use permit application filed by Ron West for a Paintball Facility at 1008 Rock Creek Rd. located within an A-1 zoning.  Larry stated this matter came before the Planning Commission on July 22, 2004 and they voted 7-2 to deny the permit.  This permit came to the County Commissioners on August 9, 2004 and was continued until the August 11 meeting to permit the Commissioners to examine the road conditions, the intended play area, relationship of the proposed site to surrounding properties, and potential impacts associated with the floodplain.  The Commissioners on August 11 agreed to refer the application and additional information that had been received back to the Planning Commission for reconsideration.  On September 16 the Planning Commission voted 4-3 (4 voting to send it back as previously recommended and 3 voting to reconsider the application and 2 were absent).  Larry said the Commissioners could adopt a resolution denying the Special Use Permit with a statement of the findings for denial or adopt a resolution for approval of the Special Use Permit including findings for approval and subject to the eight conditions as recommended.  The eight conditions are as follows: 1) The Special Use Permit is granted for the paintball facility.  Any additional uses will require approval of an amended Special Use Permit. 2) That the applicant shall maintain liability insurance in the amount of at least $1,000,000. 3) That the parking area and access drive be improved with an all weather surface prior to any paintball activities being conducted. 4) Any sign(s) used in conjunction with this Special Use Permit shall conform to the Franklin County Zoning Regulations. 5) That there shall be no alcoholic beverage sold or consumed in connection with the operation of the paintball activities. 6) On-site sanitation facilities shall be provided and properly maintained at all times. 7) No overnight camping shall be permitted. 8) 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.  Commissioner Hay asked if a johnny on the spot was acceptable for sanitation and Larry said yes.  Commissioner Hay asked if rock drive way and parking was an all weather surface and Larry said yes.  Commissioner Hay asked Ron West if he had any problems with any of the eight conditions that are proposed for the facility.  Ron West stated he had no problems with the eight conditions.

John Richeson said he is representing Bill & Darlene Lister, Brian & Gwen Hartman, Leonard & Linda Robbins, Sandy & Mel Edmonds, Leona Morgan and Lawton Boyer, Lloyd & Luella Stiffer and Arlene Quinsy and additional neighbors in support of denying the Special Use Permit are Larry & Alberta Smith, Don Payne, Robert & Tamar Coop man, Kevin & Debbie Brewer, Doug Morgan and Scott Yeargain.

Bill Lister of 1015 Jackson Rd. they have had 4 Commission meetings and 2 Planning Commission meeting and they is a very strong vote against the Special Use Permit.  Neighbors are against it overwhelmingly. 

Gwen Hartman 910 Jackson Rd. she considers her valley the most prime hunting ground around and she doesn’t appreciate having a paintball facility there.  She is very much against it and will do everything in her power to stop it.  Chairman Taylor asked Ms. Hartman if they could hear the paintball guns and she said they hear them all of the time and she does not appreciate it.

Scott Yeargain of 2263 Nevada Rd. is not in favor of the Special Use Permit.  A lot of people work and save money to move to the country for a quiet place and paintball guns are not quiet.  You can not compare a paintball facility special use permit to a special use permit for a bed and breakfast.  They are apples and oranges.  Mr. Yeargain thinks it is bad aiming a gun of any kind at another person.  Mr. Yeargain urged the Commissioners to vote no on the special use permit. 

Darlene Lister of 1015 Jackson Rd. said they can be inside of their home with the television on and the air conditioner running and it sounds like the guns are right outside of the door.

Doug Morgan of 3921 Florida Rd. said that the majority should rule and a majority of the people does not want this paintball facility.  Doug said there is not trustworthiness of the individual that is doing this.  Doug said he went to the Appraiser’s Office and the mobile home on the property has not had taxes paid on it for at least two years.  Doug said he tried to put a mobile home on some property with another residence and was told there could not be two residences on one tract of property.  Doug said it was his understanding that a mobile home can not be used for storage or an office that it is designed for a residence. 

Leona Morgan of 1052 Rock Creek Rd. said they can always hear the paintballs, the traffic on the hilly roads is very dangerous. 

Luella Stiffler of 1015 Rock Creek Rd. asked why this is not a commercial permit.  Chairman Taylor said that with commercial zoning it allows a lot more things to be done and with a special use permit you can only do what the permit allows.  Luella asked if the special use is violated who investigates it and who determines if it is violated and what is done if it is violated.  Chairman Taylor said the permit can be taken away and the Planning Department would investigate it.  Larry Walrod said that violations of a special use permit go to the Planning Commission and a letter is set out to correct the violations.

Roy Dunn of 2817 Stafford Rd. said that a rock quarry out by him has a special use permit and they are usually up for renewal.  Roy urged the Commission to go with the Planning Commission and deny the paintball facility.

Lloyd Stiffler of 1015 Rock Creek Rd. said that the creek runs through his property and that is his means of water for his cattle.  He asked who was going to take care of the johnney on the jobs when they get tipped over and who was going to go and use it when they are already in the middle of the woods.  The noise comes right down the creek bed and they are very loud.  The Board needs to do their job and vote it down.

John Richeson said the Board should follow the Golden rules (Golden vs. City of Overland Park).  The Supreme Court set out several factors which should be considered by the Board and which would aid all interested parties in determining the reasonableness and validity of zoning determinations.  Those factors are: 1) The character of the neighborhood, 2) The zoning and uses of properties nearby, 3) The suitability of the subject property for the uses to which it has been restricted, 4) The extent to which removal of the restrictions will detrimentally affect nearby property, 5) The length of time the subject property has remained vacant as zoned, 6) The relative gain to the public health, safety, and welfare by the destruction of the value of surrounding property as compared to the hardship imposed on the applicant for rezoning and 7 & 8) The recommendations of permanent or professional staff, and the conformance of the requested change to the adopted or recognized master plan being utilized by the county.  Mr. Richeson said the Board must comply with the directives of the case and make detailed findings of fact and conclusions of law to support the ultimate decision.  Mr. Richeson said the conditions must protect the over-all objective of protecting health, safety and general welfare and the Board must consider 1) Whether the proposed use will destroy the aesthetics of the surrounding development in order to protect the character of the neighborhood, 2) Whether the proposed use will result in increasing the amount of vehicular traffic to the point where it exceeds the capacity of the road network to accommodate it, 3) Whether the proposed use is reasonable necessary for the convenience and welfare of the public and will not substantially or permanently injure the appropriate use of adjoining property, 4) Whether noise, vibration, dust or lighting that would normally be associated with such use is of such duration and intensity as to be objectionable to adjacent property, 5) Whether the proposed use will pollute the air or water, 6) Whether the use would destroy an irreplaceable natural resource, 7) Whether the construction activities or quality of maintenance associated with the use would cause excessive erosion and 8) Whether the proposed use would result in overcrowding of land or cause an undue concentration of population.  Once the conditions have been set the Board should require the applicant to sign an agreement which could be enforceable by parties in the neighborhood, otherwise neighbors would have no direct remedy for non-compliance.  Mr. Richeson asked the Board not to grant the special use permit.  All of these folks that live around it don’t want it, so why grant it. 

Ron West of 1008 Rock Creek Rd. said they have been playing paintball for 6 months and has not had any complaints about noise or traffic.  Mr. West said he can not hear the paintball guns in his house with the windows open.  Gwen Hartman said he was lying and was absurd.  Mr. West said the johnney on the jobs would be serviced once a week.  Mr. West said he could not stop people from urinating in the woods, but even if 30 people urinated in the woods it would not add up to what cattle do.  The parking would be large enough to handle 30 vehicles, business hours would be during light hours, there would not be any lights installed.  During the winter when it is cold, paintball guns will not work.  Boundaries would be marked and referees would be on the playing field at all times.  Chairman Taylor asked in the past when they have had these activities how many people have been there playing.  Mr. West said between 25 and 30 people.  Commissioner Hay asked if something could be done with the visibility leaving the driveway, could he cut the trees and grass.  Mr. West said that would not be a problem.    

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

Chairman Taylor asked Blaine Finch and Larry Walrod to redraft a resolution including more conditions such as hours of operation, sanitation issues, how the course would be marked, site distance when leaving the property onto the county road, the use of old tires, restrict 4-wheeler use and provide a legal description for the paintball facility.  Board set on the agenda for October 11^th at 8:30 to consider the special use permit for the paintball facility including more conditions.

John Coen introduced four kids from 4-H that was part of a group that went to Washington this past summer for 10 days as part of a Citizenship Program.

Shelby Sobba said that they also had the opportunity to go to New York for a 6 hour tour.  They went to ground zero and took in a Broadway show.  Shelby said that it was a big cultural shock and a good experience.

Chelsey Coen discussed the preparation for the trip, they did a lot of bonding, including funding raising to get the money to go.  They meet people from all over. They toured the Pentagon, Memorials and the White House. 

Aaron Douglas said in Washington they took part in sessions and learned how the government in DC works, learned how to pass a bill, they took part in a mock Congress meeting, where they had a House and Senate and played sports.

John Coen said that Eric Anderson of Ottawa was elected president of the mock Senate

Billy Harris said they bonded with the 52 individuals as one family, making a lot of friends.

Jo Ellen Arnold said there is about 350 kids involved in 4-H in Franklin County.  This is National 4-H week and the goal is the 4-H grows.

Kristie Stinebaugh discussed the 2005 United Way Campaign.  Board agreed to enclose flyers with pay checks describing the services provided by the Franklin County United Way and offer incentives to employees that participate.

Kristie Stinebaugh discussed a benefit that Commercial Federal is offering to employees that bank with them.  The program is called Bank at Work and is of no cost to the county.  It offers free and discounted banking services.  Board agreed not to enclose flyers and offer the benefits, since all local banks don’t offer the service.

Commissioner Waymire moved and Commissioner Hay seconded to approve payroll changes 04-340 for John Niccum, 04-342 for Roger Higbie and 04-343 for Mike Nicholas all with Public Works.  All voted “yes.”

Commissioner Hay moved and Commissioner Waymire seconded to approve the minutes for September 29, 2004.  All voted “yes.”

Shari Perry read a letter from Anderson County Commission regarding the paving of the Franklin/Anderson County line road between US59 and K-31.  Anderson County stated that they have other areas of the county they need to concentrate their resources on at this time.  Therefore they are unable to assist in this project.

Blaine Finch discussed a letter he received from Miami County regarding the upgrade of the radio repeater.  Board agreed to ask Wellsville City Fire, Miami County and Franklin Township to split the cost of the upgrade.

Commissioner Hay moved and Commissioner Ferguson seconded to appoint Max Flager to the unexpired term of Pomona Township Trustee.  All voted “yes.”

With no further discussion the meeting was adjourned at 12:00.

      _______________________________                                            _____________________________________

                              Clerk                                                                                                         Chairman