December 27, 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 R. Stottlemire and Donald E. Waymire present.
The meeting was called to order by Chairman Taylor at 8:30.
Jim Haag discussed receiving a letter from Kenneth Edwards and Craig Hinderliter requesting to vacate 1 mile of Ohio Rd. between Labette Rd. and Kingman Rd.
Commissioner Waymire moved and Commissioner Ferguson seconded to publish a notice of hearing on January 12, 2005 at 10:00 a.m. relating to a proposal to vacate a portion of Ohio Rd. in Section 15, Township 17, Range 20 thence north one mile, currently know as 2500 to 2700 Ohio Rd. All voted “yes.”
Jim Haag discussed change order #1 and final for work area 3 completed by Cutting Edge for Jackson Rd. from Vermont to the Miami County line. The amount of the change order is an increase of $34,328.40 for the actual quantities installed.
Commissioner Stottlemire moved and Commissioner Ferguson seconded to sign change order #1 for Cutting Edge for work area 3 on Jackson Rd in the amount of $34.328.40. All voted “yes.”
Jim Haag discussed 3 mechanics attending two half day seminars on troubleshooting and adjusting air brake systems.
Commissioner Waymire moved and Commissioner Ferguson seconded to approve the air brake system training for 3 mechanics. All voted “yes.”
Jim Haag discussed a proposal for professional services for Taylor Design Group to provide review of sign requests and sign installations. This agreement if for on-call services as needed.
Commissioner Waymire moved and Commissioner Ferguson seconded to approve a professional service proposal with Taylor Design Group for the review of sign requests and installation. All voted “yes.”
Jim Haag discussed a release agreement with Don & Nellie Davis.
Commissioner Stottlemire moved and Commissioner Waymire seconded to approve a release agreement between Don and Nellie Davis and Franklin County. Franklin County will pay Don & Nellie Davis $1,000 and will not have any liability from anything that has existed, or which may hereafter arise from improvement of the 4600 block of Jackson Rd. All voted “yes.”
Heather Jones discussed purchasing a new copier/printer for the County Attorney’s Office. The cost of the copier/printer is $1,132 and will be paid out of the County Attorney budget. This copier/printer will be used in the downstairs office.
Commissioner Stottlemire moved and Commissioner Ferguson seconded to approve the purchase of a copier/printer for the County Attorney’s Office in the amount of $1,132. All voted “yes.”
Commissioner Waymire moved and Commissioner Stottlemire seconded to approve an agreement between Franklin County Mental Health Clinic, Inc and Franklin County effective January 1, 2005. All voted “yes.”
Commissioner Stottlemire moved and Commissioner Ferguson seconded to approve Resolution No. 04-120 authorizing the County Clerk to transfer monies on or before March 1, 2005 not to exceed the following amounts:
General Fund GF Special Equipment $290,985
General Fund County Administrator $150,000
Election Fund Election Equipment Reserve $ 12,000
Appraiser’s Fund Appraiser’s Special Equipment $ 50,000
Noxious Weed Noxious Weed Special Capitol $ 25,000
County Building Fund Capital Improvement $ 60,000
Ambulance Fund Ambulance Special Equipment $200,000
Employee Benefit Fund Employee Benefit Plan $150,000
All voted “yes.”
Commissioner Waymire moved and Commissioner Stottlemire seconded to approve a contract for services between Franklin County and USD 290 for the Sheriff’s Department to continue to furnish an instructor, or instructors, for the Criminal Justice Program for the school year 2004-2005 in the amount of $29,385. All voted “yes.”
Commissioner Ferguson moved and Commissioner Stottlemire seconded to approve the minutes for December 22, 2004. Chairman Taylor and Commissioners Ferguson and Stottlemire voted “yes.” Commissioner Waymire abstained.
Chairman Taylor discussed the mediation for the case of Granger, KDOT and Franklin County. Chairman Taylor said he felt the County came out good and Blaine Finch did a good job. The County will have to pay Mr. Granger $1,000 and KDOT will have to pay Mr. Granger $25,000 and clean up the property.
Craig Davis discussed charging other counties when people are arrested on out of county warrants and the other county does not pick them up within 24 hours. Board agreed to charge $40 per day to the other county.
Commissioner Waymire moved and Commissioner Ferguson seconded to go into an executive session for 5 minutes at 9:35 for attorney client privileges with Board and Blaine Finch present. All voted “yes.” Chairman Taylor opened the meeting at 9:40 and reported no action taken, no decisions made.
Commissioner Waymire moved and Commissioner Ferguson seconded to agree to settlement agreement on case filed by Granger against KDOT and Franklin County. County will pay $1,000. All voted “yes.”
Commissioner Stottlemire moved and Commissioner Ferguson seconded to allow Blaine Finch to sign Journal Entry on a case filed by Granger. All voted “yes.”
Chairman Taylor opened a public hearing at 10:00 to consider the City of Ottawa’s petition for annexation of rights of way and properties: Eisenhower Rd right of way from the north right of way line of I-35, going north to the north right of way line of 13th Street, the existing right of way of Main Street (Old 50 Highway) from the north right of way line of 23rd Street extending southwesterly to the north right of way line of the existing I-35 right of way, the entire right of way of 23rd Street from the West right of way line of Old 50 Highway extending West to the East right of way line of Eisenhower Street, 34 acres known as the Crawford property in Section 11, Township 17, Range 19, 20 acres known as the Crawford property in Section 11, Township 17, Range 19, Kansas Pipeline property in Section 11, Township 17, Range 19, CIS Oklahoma property in Section 14, Township 17, Range 19 and TT&T property in Section 14, Township 17, Range 19.
Wynndee Lee, City of Ottawa, Planning Director discussed the four principal reasons that the City is requesting the annexation: 1) A comprehensive annexation of the areas allows the City and other jurisdictions to effectively provide services in an unified manner. All of the proposed annexation areas are located within the same watershed and would be most cost-effectively served by the City of Ottawa. The City has had to extend its resources for island parcel annexations, but providing water and sewer extensions in a planned way would be more cost-effective in the long term, rather than on a parcel-by-parcel basis. 2) The public is served by eliminating confusion regarding jurisdictional lines, especially where it pertains to providing public services in territorial remnants. Businesses and residents benefit from the City police patrol along Eisenhower Road, 19th Street, 23rd Street and Main Street. Existing and future development will be better served by City services, which are more appropriately suited to incorporation within the growing City rather than left in the unincorporated areas of rural Franklin County and townships. 3) The proposed annexation will make the city limits more uniform and harmonious. The current City limit line is irregular, especially along Eisenhower, because of previous piecemeal, contiguous annexations. 4) Local and county agencies are planning for urban development in southwest Ottawa. Addressing the non-uniformity of jurisdictional boundaries ahead of such development would help mitigate confusion.
Mike Topp owns TT&T of 2534 S. Main asked for clarification of annexation. Wynndee Lee with the City of Ottawa discussed sketch #1 showing the proposed annexation areas. Mike asked about his ET bed septic system. Wynndee said if the system is not failing it will remain.
With no further comments Chairman Taylor closed the public hearing at 10:10.
Commissioner Stottlemire said that this annexation will clear up Eisenhower Road concerns.
Commissioner Waymire moved and Commissioner Ferguson seconded to approve the annexation and sign the order. All voted “yes.”
THE BOARD OF COUNTY COMMISSIONERS
OF FRANKLIN COUNTY, KANSAS
In re: Petition for Annexation by )
the City of Ottawa, Kansas )
) Application No. 04-01
)
____________________________________)
Now on this 27th day of December, 2004, this matter comes on before the Board on the petition of the City of Ottawa for annexation of certain lands in Franklin County, Kansas. The City of Ottawa appears by Wynndee Lee, Director of Planning. Other appearances and comments may be found in the minutes of this meeting.
After hearing the presentation of the City of Ottawa and comments of any interested parties and being fully advised in the premises the Board of County Commissioners makes the following findings:
1. The majority of the land proposed to be annexed is utilized for agricultural use. However, of that agricultural land the majority has been proposed as a site for future educational development by U.S.D. 290. The remaining portions of land are road rights of way, towing service facility and a utility service facility.
2. The area proposed for annexation is not currently platted. The land is currently zoned by the County but is not platted for development.
3. The topography of the land is generally flat. It sits high enough that it is out of the flood plain that inhibits much of the City’s growth. There are no storm sewers or natural drainage basins in the affected area, but the area does drain toward Nugent Creek a tributary of the Marais des Cygnes. Several roads that connect the City of Ottawa to its natural growth corridors serve the area. Overall, the area has much more in common with the developing City than it does with the rural environs of Franklin County.
4. The residential development within the area is minimal. Most of the area does not have residential development. The areas adjacent are planned for single family or mixed residential development by the City’s comprehensive plan. Significant residential growth has taken place within ½ mile of the subject area.
5. The population of the area is minimal. It is anticipated that significant growth will occur within the next five years, though no formal estimate of growth is available at this time.
6. Business development in the area is fair. Two of the tracts included in the subject area contain active businesses and the road rights of way serve the stream of commerce. The other tract is agricultural and could therefore be considered as a business use. Industrial development is minimal to non-existent.
7. The County currently provides minimal governmental services to the subject area. The County provides police protection through its Sheriff’s Department and planning, inspection and regulatory services through its Planning and Building Department. The County does not provide water, electrical, or sewerage to the area. Volunteers from a township fire department provide fire protection.
8. The costs of providing services by the City is fully laid out in the City’s Report Setting Forth Plans for Extension of Services to Annexed Property submitted on August 10, 2004. In almost every case the level and type of services to be provided by the City will be an improvement for occupants of the subject area. The City will provide police service, fire protection, water, electricity, sewer and planning and regulatory services.
9. The property owners in the subject area will pay an additional property tax levy of 42.338 mills to the City of Ottawa. The City has fully laid out the additional cost in dollars in its Report Setting Forth Plans for Extension of Services to Annexed Property submitted on August 10, 2004. Based on these numbers, the property owners will not be materially harmed by the additional taxes.
10. The residents of the area are directly and indirectly linked to the City. While the County provides governmental services, the City contains most of the County’s primary employers and is the predominant retail and service business hub in the County. Most social and recreational activities are provided by organizations within the City.
11. There will be little to no effect on adjacent areas. The annexation will square the City’s boundaries and facilitate development in the future. The only other entity affected would be the surrounding township. Lincoln Township would lose approximately $100.00 per year in revenue. This number is not unreasonable or detrimental to the township. There is no fire district and therefore K.S.A. 12-521a is not applicable.
12. There are no existing petitions for the subject area to be incorporated as a new city or as a special district.
13. There is a strong possibility of growth in parts of the area. Other parts are likely to remain in the same form for the next five years and beyond. The adjacent areas are likely to develop and have already been annexed. This squaring of boundaries will help clear up confusion in the provision of services.
14. The effect of annexation on existing utilities will be minimal. Customers are few and far between. Power is provided by KCP&L and water by a rural water district. In the case of any water customers lost to the City, the City will pay compensation to the district.
After making the above findings the Board also enters the following conclusions:
1. The annexation of the subject area by the City of Ottawa will not cause manifest injury to the owners of any land proposed to be annexed.
2. The annexation of the subject area by the City of Ottawa will not cause manifest injury to the owners of land near or adjacent to the land proposed to be annexed.
3. The subject area should not be reduced.
4. The City has met its burden under K.S.A. 12-521.
By a preponderance of the evidence the Board finds that the City of Ottawa’s request for annexation is proper and should be allowed. The Board authorizes the City of Ottawa to proceed with annexation of the subject area by ordinance in accordance with K.S.A. 12-521. The Board further orders the County Clerk to spread at length upon the minutes the full text of this Order.
/s/ John E. Taylor
John E. Taylor, Chair
/s/ Donald Stottlemire
Donald Stottlemire, Vice Chair
/s/ Fred Ferguson
Fred Ferguson, Commissioner
Attest:
Donald Hay, Commissioner
/s/ Donald Waymire /s/ Shari Perry
Donald Waymire, Commissioner Shari Perry, Clerk
Commissioner Ferguson moved and Commissioner Stottlemire seconded to approve payroll change 04-378 for Gale Hull with the Maintenance Department. All voted “yes.”
Commissioner Stottlemire moved and Commissioner Ferguson seconded to allow Amanda Stephenson to carry over 27 hours of vacation leave into 2005. All voted “yes.”
With no further discussion the meeting was adjourned at 10:30.
_____________________________________ _____________________________________
Clerk Chairman