June 8, 2005
BOARD OF FRANKLIN COUNTY COMMISSIONERS
Chairman Donald R. Stottlemire called the meeting to order at 8:30 and asked all in attendance to join him in the Pledge of Allegiance.
Roll Call: Chairman Donald R. Stottlemire present, Commissioner John E. Taylor present, Commissioner Donald C. Hay present, Commissioner Roy C. Dunn present and Commissioner Donald E. Waymire absent.
Commissioner Hay moved and Commissioner Taylor seconded to approve the minutes for June 6, 2005. Chairman Stottlemire and Commissioners Hay and Taylor voted “yes.” Commissioner Dunn abstained.
Commissioner Taylor moved and Commissioner Dunn seconded to deny the funding request of Franklin County Mental Health Clinic and USD 290 in the amount of $22,537 to support the Positive Places Positive Choices Program. All voted “yes.”
Commissioner Hay moved and Commissioner Taylor seconded to adopt the agenda as presented. All voted “yes.”
Commissioner Dunn moved and Commissioner Hay seconded to approve consent agenda items 8.1 Juvenile Justice Authority line item adjusted budget summary for the Family Intensive Treatment program in the amount of $3,645 and 8.2 Agreement with Andrea Magana for contract services to locate absconders in the amount not to exceed $750 to June 30, 2005. All voted “yes.”
Agenda item 10.1 Larry Walrod discussed a Special Use Permit Application for a Communication tower #0504-481 for Franklin county located on the East side of Texas Rd. between Stafford and Thomas Roads.
Bob Bezek, Attorney representing Rose & Terry Broers stated they are working through their concerns with the County Administrator and County Counselor.
Alan Radcliffe, Director of Office of Emergency Management stated this is a project that was started 2 years ago and that it has been engineered.
Commissioner Hay asked about interference on televisions of residents living close to the tower site and the tower falling on another property owner.
Troy Flair, representative with TFM Comm said that the low power will not interfere with any residents and usually towers fold down instead of falling straight over.
Commissioner Taylor moved and Commissioner Hay seconded to continue the discussion of the Special Use Application #0504-481 next Wednesday. All voted “yes.”
Agenda item 10.2 Larry Walrod discussed a Special Use Permit Application for a Communication tower #0504-482 for Franklin County located on the South side of Shawnee Rd. between California and Colorado Roads.
Commissioner Hay moved and Commissioner Dunn seconded to approve Resolution No. 05-50 approving a Special Use Permit allowing Franklin County to construct and operate a 180 foot high communication tower located in Section 6, Township 16, Range 18 with the following conditions: 1) That the tower base be enclosed with a 6” high chain link fence with security barbed wire. Access to the enclosed area shall be locked at all times except when being used by company employees, 2) That lighting on the tower, if required, shall be in compliance with Federal Aviation Administration lighting standards, 3) That the communication facilities comply with all requirements of the Federal Communication Commission, 4) That a sign be placed on the security fence around the tower base to include a telephone number of a responsible party in the event of an emergency, 5) That the tower base and access easement be kept fee of noxious weeds, litter and debris and 6) That the Special Use Permit shall be null and void by operation of law if said permit has not been initiated and utilized by commencing the activity or use at the site specified in said permit within one (1) year of the date of approval. All voted “yes.”
Agenda item 10.3 Larry Walrod discussed a Special Use Permit Application for a Communication Tower #0504-483 for Franklin County located on the South side of John Brown Rd. between Delaware and Florida Roads.
Commissioner Taylor moved and Commissioner Hay seconded to approve Resolution No. 05-51 approving a Special Use Permit allowing Franklin County to construct and operate a 180 foot high communication tower located in Section 16, Township 18, Range 18 with the following conditions: 1) That the guy anchors and the tower base be enclosed with a 6’ high cattle fence. Access to the enclosed area shall be locked at all times except when being used by company employees, 2) That the base of the tower be encased in sheet metal to a height of at least 10’ to prevent trespasser from climbing the tower, 3) That lighting on the tower, if required, shall be in compliance with Federal Aviation Administration lighting standards, 4) That the communication facilities comply with all requirements of the Federal Communication Commission, 5) That a sign be placed on the security fence around the tower base to include a telephone number of a responsible party in the event of an emergency, 6) That the tower base and access easement be kept fee of noxious weeds, litter and debris and 7) That the Special Use Permit shall be null and void by operation of law if said permit has not been initiated and utilized by commencing the activity or use at the site specified in said permit within one (1) year of the date of approval. All voted “yes.”
Agenda item 10.4 Larry Walrod discussed a Special Use Permit Application for a Group Day Care Facility #0504-484 for Gilges located on the West side of Indiana Rd. between Riley and Shawnee Roads.
Commissioner Hay moved and Commissioner Dunn seconded to approve Resolution 05-52 approving a Special Use Permit allowing the operation of a group day care facility located in Section 1, Township 16, Range 18 with the following conditions: 1) That the day care facility shall be limited to a maximum of twelve (12) children, 2) That the day care facility shall obtain and adhere to all of the licensing requirements of the State of Kansas, 3) That sanitation facilities shall comply with the Franklin County Sanitation Code and any requirements of the Kansas Department of health and Environment, 4) That the day care facility shall comply with all requirements of the State fire Marshall’s Office, 5) That an on-site loading/unloading parking space area be provided, 6) That an on-site all weather surface vehicle turn around be provided and maintained and 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 (1) year of the date of approval. All voted “yes.”
Agenda item 10.5 Larry Walrod discussed a Special Use Permit Application for a bed and breakfast facility including a Commercial Equestrian facility #0504-476 for Fowler located at the Northwest corner of the intersection of Vermont Rd. and Shawnee Terr.
Commissioner Dunn moved and Commissioner Hay seconded to approve Resolution 05-53 approving a Special Use Permit for the operation of an Equestrian Center and Bed & Breakfast facility located in Section 32, Township 15, Range 21 with the following conditions: 1) That the Bed and Breakfast facility be limited to the existing residence and approved building addition/s, 2) The Bed and Breakfast facility shall obtain and adhere to any licensing requirement of the State of Kansas, 3) That the construction of all buildings and/or additions shall comply with the County Building Code, 4) That all sanitation facilities shall comply with the Franklin County Sanitation Code and any requirements of the Kansas Department of Health and Environment, 5) That all off-street parking for the Bed and Breakfast facility and stable facilities shall be maintained with an all weather surface. Special event parking shall be permitted on the grass/pasture area serving the outdoor riding arenas, 6) That all vehicle driveways shall be maintained with an all weather surface, 7) That the Bed and Breakfast facility shall be owner operated by the resident of the home and there shall be no other employees, 8) That the outdoor riding areas shall not be lighted and 9) 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 (1) year of the date of approval. All voted “yes.”
Agenda item 10.6 Larry Walrod discussed Special Use Permit Application for a Used Auto Sales Facility #0504-478 for Todd located on the East side of U.S. Highway 59 between I-35 and Kingman Rd.
Commissioner Hay moved and Commissioner Taylor seconded to approve Resolution 05-54 approving a Special Use Permit for the operation of a Used Auto Sales Facility and Office located in Section 13, Township 17, Range 19 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, 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) 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 (1) year of the date of approval. All voted “yes.”
Agenda item 10.7 Larry Walrod discussed rezoning application to rezone approximately 3.16 acres from R-E to R-3A #0504-485 for Yocum located on the North side of Osborne Rd. between Indiana and Idaho Roads.
Commissioner Taylor moved and Commissioner Hay seconded to approve Resolution 05-55 rezoning approximately 3.16 acres in Section 25, Township 16, Range 18 owned by Rex Yocum from R-E to R-3A. All voted “yes.”
Agenda item 10.8 Larry Walrod discussed rezoning application to rezone approximately 20 acres from A-1 to A-2 #0504-472 owned by Faris located near the intersection of Butler Terr. and Virginia Terr. approximately ˝ mile North Butler Terr. on the East side of Virginia Terr.
Commissioner Hay moved and Commissioner Dunn seconded to approve Resolution 05-56 rezoning approximately 20 acres in Section 3, Township 19, Range 21 owned by Don Faris from A-1 to A-2. All voted “yes.”
Agenda item 10.9 Larry Walrod discussed rezoning application to rezone approximately 10 acres from and A-1 to R-E #0504-477 for Radcliffe located at the intersection of Osborne Rd. and Arkansas Rd. on the North side of Osborne Rd. and on the West side of Arkansas Rd.
Doug Morgan of 3921 Florida Rd. said he didn’t think ground should be chopped up. They will be in later to split the rest of the property again.
Commissioner Taylor moved and Commissioner Hay seconded to approve Resolution 05-57 rezoning approximately 10 acres in Section 26, Township 16, Range 17 owned by Alan and Kristine Radcliffe from A-1 to R-E. All voted “yes.”
Agenda item 10.9 Larry Walrod discussed the final plat application for Quail Ridge Estates Subdivision No 2 #0504-479 for O’Neil located on the North side of Shawnee Rd. between Tennessee and Texas Roads.
Commissioner Taylor moved and Commissioner Hay seconded to accept the easements and right of ways and allow Chairman Stottlemire to sign Quail Ridge Estates No. 2 plat. All voted “yes.”
Recess at 10:05 until 12:00 meet in basement of Jail for monthly department head luncheon. Attending the luncheon was Roy Dunn, Don Waymire, Ed Taylor, Don Hay, Don Stottlemire, Ron Henrickson, Keith Clark, Steve Brown, Craig Davis, Jason Parks, Darrell Wadkins, Barbara Conus, Ethel Wallace, Jim Haag, Blaine Finch, Alan Radcliffe, Rick Sawin, Debbie Hough, Arlene Udelhofen, Larry Walrod and Heather Jones.
With no further discussion the meeting was adjourned at 12:45.
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Clerk Chairman