Board of County Commissioners Tuesday, August 01, :00 AM 205 W. Central Ave. 4th Floor El Dorado, KS Agenda

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1 Board of County Commissioners Tuesday, August 01, :00 AM 205 W. Central Ave. 4th Floor El Dorado, KS Agenda A. CALL to ORDER B. INVOCATION and PLEDGE C. COMMISSION MINUTES C.1. Commission Minutes July 25, 2017 pre-approved minutes.pdf D. PUBLIC COMMENTS E. ITEMS of BUSINESS E.1. Joyce Finley Homestead Lot SE Flinthills Rd. Latham Finley Lot Split.pdf PL Finley Homestead Lot Split.docx E.2. E.3. Request by Lowell Lygrisse for a change in Zoning from AG-40 to Rural Residential (RR) classification on property located at 3399 SW Santa Fe Lake Rd. RZ Lygrisse AG-40 to RE.docx Lygrisse.pdf Lygrisse Zone Map.pdf Request for a Mortgage Lot Split by Robert & Joy Harder on property located at NW 20th St. Benton,KS Harder Mort. Lot Split.pdf PL Harder Mortgage Lot Split.docx E.4. Request for a Conditional Use Permit by James Keller for the purpose of operating a Topsoil Harvesting Operation at 330 W. Rosewood Rose Hill, KS. CU Keller Topsoil Harvesting.docx Keller Development Plan.pdf 1

2 Board of County Commissioners Page - 2 Keller Dirt Farm.pdf E.5. E.6. E.7. EMS Station #1 Change Order Document EMS World Expo Travel EMS World Expo Proposal 2017.docx New ambulance purchase Butler Co Type II Estimate 0617[20493].pdf F. VOUCHERS F.1. Vouchers dated 08/01/ AP Packet.pdf G. COMMISSION ADDS & ABATES H. OTHER ITEMS of BUSINESS I. ADJOURNMENT 2

3 Board of County Commissioners Agenda Item Report Agenda Item No. 1 Submitted by: Chelsea McClure Submitting Department: Clerk's Office, County Meeting Date: August 1, 2017 SUBJECT Commission Minutes RECOMMENDATION Approval of minutes ATTACHMENTS July 25, 2017 pre-approved minutes.pdf BACKGROUND N/A ANALYSIS N/ FINANCIAL CONSIDERATION N/A LEGAL CONSIDERATION N/A COMMISSIONER SIGNATURE REQUIRED Yes INFORMATION TECHNOLOGY PURCHASE OR SERVICES REVIEW REQUIRED No RECOMMENDED ACTION Commissioner motioned to approve/amend the minutes of the July 25, 2017 Commission meeting. 3

4 BUTLER COUNTY BOARD OF COMMISSIONERS Tuesday, July 25, 2017 CALL TO ORDER Commission Chairman Jeff Masterson called the Butler County Board of Commissioners to order at 9:00 a.m. Present were Commissioner Marc Murphy, Commissioner Ed Myers, Commissioner Mike Wheeler, Commissioner Dan Woydziak, County Administrator Will Johnson, and Clerk Recorder Chelsea McClure. INVOCATION Scott Stoskopf presented the invocation. APPROVAL OF MINUTES Commissioner Wheeler motioned to approve the minutes of the Butler County Commission meeting for Tuesday, July 18, 2017 as written. Commissioner Woydziak seconded the motion. Motion carried Commissioner Murphy abstained due to his absence last week. (00:01:25) PUBLIC COMMENTS There were no public comments. (00:01:35) ITEM#1 SPOTLIGHT AWARD Kelly Herzet, Butler County Sheriff, came before the Board to recognize Deputy Dillon Ryan with a Spotlight Award for commendable job performance on June 27, Deputy Ryan responded to a dispatch call to assist Rose Hill Police Officer Matt Neal with capturing a suspect in the city limits of Rose Hill. Deputy Ryan was unable to drive the patrol vehicle to the location where Officer Neal and the suspect were located due to a parked train blocking the roadway. Deputy Ryan parked his patrol vehicle, climbed over a coupling of the parked train, and proceeded to run three and a half blocks to Officer Neal s location to render aid. The suspect was taken into custody without incident. Commissioner Woydziak felt Deputy Ryan went above and beyond his duties and felt the recognition was well deserved. Commission Chairman Masterson presented Deputy Ryan with a Spotlight Award. Sheriff Herzet stated he is very proud of his deputies and also noted Butler County Sheriff s Office does a great job of working together with other departments in an effort to keep Butler County safe. Commissioner Woydziak motioned to approve the spotlight award for Deputy Dillon Ryan. Commissioner Murphy seconded the motion. Motion carried 5-0. (00:07:50) ITEM#2 PUBLIC HEARING FOR 2018 BUTLER COUNTY BUDGET AND ADOPTION OF THE 2018 BUTLER COUNTY BUDGET Ryan Adkison, Assistant County Administrator/Finance Director, presented the 2018 Butler County Budget to the Board for approval. Commission Chairman Masterson opened the Public Hearing and asked if there was anyone present who would like to address the Commission pertaining to the proposed 2018 Budget. There were no public comments. The 2018 proposed budget has been developed to continue a stable delivery of services to the residents of Butler Page 1 of 4 4

5 County with a decreased mill levy of compared to the 2017 mill of Mr. Adkison noted the 2018 budget encompasses expenditures of $53.9 million, an increase of 12.44% and overall taxing fund expenditures are increasing by 3.00% or 1.1 million, mostly attributable to salary study implementation and benefit cost increases. The proposed 2018 Butler County Budget does not exceed the tax lid limit and will not require a vote. Commission Chairman Masterson closed the Public Hearing. Commission Chairman Masterson stated he appreciates the efforts of lowering the mill levy but doesn t feel comfortable implementing the salary study in one year. Commissioner Woydziak motioned to adopt the 2018 Butler County Budget as presented. Commissioner Wheeler seconded the motion. Motion carried 3-2. Commission Chairman Masterson and Commissioner Myers opposed. (00:16:42) ITEM #3 PUBLIC HEARING FOR 2018 BUTLER COUNTY FIRE DISTRICTS #1 - #9, AND 2018 BUDGET RESOLUTIONS THROUGH FOR FIRE DISTRICTS #2, #3, AND #9, AND BUDGET ADOPTION FOR BUTLER COUNTY FIRE DISTRICTS #1 - #9 Commission Chairman Masterson opened the Public Hearing for the 2018 Butler County Fire District Budgets #1 through #9 and asked if there was anyone present who would like to address the Commission pertaining to the proposed 2018 Fire District Budgets. There were no public comments. Mr. Adkison stated Butler County Fire Districts #2, #3 and #9 exceeded their 2017 Budgets and each district would now be required by state statute to sign a budget resolution. Commission Chairman Masterson closed the Public Hearing. Commissioner Woydziak motioned to approve Resolutions #17-16, #17-17 and # Commissioner Murphy seconded the motion. Motion carried 5-0. Commissioner Murphy motioned to adopt the 2018 Budgets for Butler County Fire Districts #1-#9. Commissioner Woydziak seconded the motion. Motion carried 5-0. (00:20:20) ITEM #4 WORK SESSION- BUTLER COUNTY HEALTH INSURANCE PROGRAM Will Johnson, County Administrator, came before the Board and introduced Aaron Wells, USI Senior VP Employee Benefit Practice Leader, to discuss recommended changes and modifications to the Butler County Health Insurance Program. Mr. Wells discussed plan performance history from , benefit plan updates for 2017, and the upcoming changes to the plan for Mr. Wells noted the County could face an increase of 8.8% if they didn t making changes to the 2018 plan. Mr. Wells recommended implementing dual plan design options that are actuarially equivalent in One option with the dual plan would be increasing deductibles, emergency room and specialist copays, the coinsurance max, and the specialty pharmacy copay. Option two would be having a high deductible health plan with a health savings account (HSA). Butler County would contribute $750 or $1,500 per year to the HSA depending on the type of plan. A high deductible health plan would reduce premiums for employees anywhere from $20 to $40 dollars a month. Mr. Wells stated the high deductible health plan with a HSA offers a lower costing plan, tax advantages, promotes consumerism, employee attraction and retention and also an opportunity to build savings over time. Mr. Wells noted employees would have the opportunity to choose between the two plans. No action was taken. Page 2 of 4 5

6 (00:45:16) RECESS Commission Chairman Masterson recessed the Board meeting at 9:45 a.m. for 12 minutes. RECONVENE Commission Chairman Masterson reconvened the Board meeting at 9:57 a.m. (00:45:32) ITEM #7 LANDFILL MECHANIC TRUCK REPLACEMENT Mike Craft, Assistant Public Works Director, came before the Board for approval to purchase a used utility truck to replace the current mechanic truck at the landfill. The landfill currently operates a mechanic s truck used to service all landfill equipment but the truck is worn out and is too heavy and too big for some of the off road uses that occurs at the landfill. The landfill mechanic is interested in finding another one ton truck with single rear tires, four-wheel drive, and a diesel engine. Staff found a 2002 Ford F-350 with 169,000 miles located in Kechi, Kansas, that appears to be in good condition and would suit the department s needs. The truck was originally priced at $14,000 but staff would like to negotiate the price down by $1,500. Mr. Lutz requested authorization to purchase the truck at Kechi Motors or to have purchase authority notto-exceed $15,000 to purchase a similar used 1-ton utility truck if the current truck is no longer available. Commissioner Wheeler motioned to authorize the Department of Public Works to purchase a used Ford F-350 single tire rear axle utility truck with a diesel engine and 169,000 miles for a price not-to-exceed $12,500 to replace the current landfill mechanic truck or authorize purchase authority not-to-exceed $15,000 for a similar equipped truck if the current truck is no longer available. Commissioner Myers seconded the motion. Motion carried 5-0. Commissioner Myers requested an update on the K-196 bridge project. (00:53:25) ITEM #5 ANNUAL PURCHASING CARD REPORT/AUDIT Ryan Adkison, Assistant County Administrator/Finance Director, came before the Board to receive and file the 2016 Annual Purchasing Card Report/Audit. This report related to AR aims to ensure Butler County is deriving maximum value while minimizing risk with its purchasing card program. Mr. Adkison stated data on each transaction in 2016 was downloaded and analyzed. The report section reviews overall data on purchasing card usage while the audit section presents information aimed at looking for abuse or fraud. Commissioner Myers motioned to receive and file the annual purchasing card report/audit. Commissioner Wheeler seconded the motion. Motion carried 5-0. (01:05:21) ITEM #6 QUARTERLY INVESTMENT OF IDLE FUNDS REPORT AS OF JUNE 30, 2017 Ruth Fechter, Butler County Treasurer, came before the Board to present the Second Quarterly Investment of Idle Funds Report as of June 30, Mrs. Fechter stated the total amount invested in Idle Funds is $41,880, and the total amount of interest earned as of June 30 th is $80, No action was taken. Page 3 of 4 6

7 (01:10:27) VOUCHERS Commissioner Wheeler motioned to approve vouchers for July 25, 2017, in the amount of $692, Commission Chairman Masterson seconded the motion. Motion carried 5-0. Commissioner Murphy and Commissioner Myers asked questions of the vouchers. (01:12:00) COMMISSION ADDS & ABATES There were no Adds & Abates. (01:12:13) OTHER ITEMS OF BUSINESS TO COME BEFORE THE BOARD OF COUNTY COMMISSIONERS Commission Chairman Masterson reminded the Board about the Andover Senior Center luncheon at 11:30. Commissioner Woydziak expressed his appreciation to the Commissioners and Staff for their hard work and time that is put into adopting the budget. The Butler County fair begins on Saturday, July 29 th. Administrator Johnson noted they would be discussing PBC Bonds with Gilmore Bell in the near future. Administrator Johnson stated minor tweaks have been made to the Classification and Compensation Study and they are now in the process of wrapping up the study. (01:22:45) ADJOURNMENT Commissioner Woydziak motioned to adjourn the meeting of the Board at 10:34 a.m. Commissioner Murphy seconded the motion. Motion carried 5-0. The Commissioners attended a luncheon at Andover Senior Center following the meeting. Page 4 of 4 7

8 Board of County Commissioners Agenda Item Report Agenda Item No. 1 Submitted by: David Alfaro Submitting Department: Planning & Zoning Meeting Date: August 1, 2017 SUBJECT Joyce Finley Homestead Lot SE Flinthills Rd. Latham RECOMMENDATION Discuss and approve a 10+/- Acre Homestead Lot Split with a 70+/- APO for Joyce Finley on a tract of Land located at SE Flinthills Rd. Latham, KS. ATTACHMENTS Finley Lot Split.pdf PL Finley Homestead Lot Split.docx BACKGROUND Joyce Finley owns a tract of land containing acres located at SE Flinthills Rd. Latham, KS. She is proposing to split 10+/- acres of land with the placement of a 70+/- acre APO on part of the remaining property. The property is primarily grass with a Pond located on it and Staff feels the request meets the criteria for such a split and it is felt it is appropriate to place an APO on the 70+/- acres. ANALYSIS The request meets the criteria as required for such a split. The Planning Commission approved the request 5-0. FINANCIAL CONSIDERATION N/A LEGAL CONSIDERATION All property owners within a 1,000' radius of the property were notified of the project and staff did not receive any comments. COMMISSIONER SIGNATURE REQUIRED Yes INFORMATION TECHNOLOGY PURCHASE OR SERVICES REVIEW REQUIRED No RECOMMENDED ACTION I Commissioner move to approve the request from Joyce Finley for a 10+/- acre Homestead Lot Split with the placement of a 70+/- acre APO on a portion of the remaining property and direct the Chairman to sign the APO Agreement. 8

9 70+/- Acre APO 1 29S-07E 10+/- Acre Lot Split SE 200th St 1 9 1

10 Butler County Planning Commission July 3, :00 PM TO: SUBJECT: INITIATED BY: Butler County Planning Commission Request for Homestead Lot Split-Case# PL Dave Alfaro-Director of Community Development Action to be considered: Background: Joyce Finley owns a tract of land containing Acres described as: S12, T29, R07E, Acres SW/4 LESS ROW The property is commonly known as SE Flinthills Rd. Latham, KS (AG-80 Zoning) Existing Conditions: The applicant is proposing to split a 10+/- acre tract of land with placement of a 70+/- acre APO on the property. The property is primarily grass with a Pond located on it and Staff feels the request meets the criteria for such a split and it is felt it is appropriate to place an APO on the 70+/- acres. Attached for your review is an aerial photo showing the area to be split. Article 7-Agricultural Districts (AG-40 and AG-80): Section Homestead Lot Split with APO provision and criteria: 1. Property must be zoned AG-40 or AG-80 with a minimum lot size that is equivalent to a quarter of a quarter section or half of a quarter section respectively; 2. The newly created lot shall be no larger than 10 acres in size and no smaller than 5 acres in size; 3. An existing, habitable, permanent, residential structure must occupy the proposed newly created lot; 4. The owner must grant a Conservation Easement (through a land trust or USDA) or Agriculture Preservation Overlay (APO) through the Planning Department for the remainder of the property. Said easement or overlay is to be a legal attachment to the deed and a certified copy is to be filed with the Register of Deeds and the Planning Department. Only agricultural structures shall be allowed in the Agricultural Preservation Overlay Easement. A residence does not constitute an agriculture structure; and 5. The new lots cannot, thereafter, be further subdivided without proper zoning classification, replatting, and/or removal of APO. Recommended Action: It is recommended that the Planning Commission approve this request for a Homestead Lot Split with Agricultural Preservation Overlay for the above noted reasons, and because it will not result in a change in the overall character of the area. 1 Case# PL Finley Homestead Lot Split Date: July 3,

11 Suggested Motion: I, Planning Commissioner, hereby make a motion to approve the proposed Homestead Lot Split and that the contents described on the Certificate of Survey and APO Overlay Agreement submitted by Joyce Finley be filed in the Register of Deeds by the Department of Community Development. 2 Case# PL Finley Homestead Lot Split Date: July 3,

12 Board of County Commissioners Agenda Item Report Agenda Item No. 2 Submitted by: David Alfaro Submitting Department: Planning & Zoning Meeting Date: August 1, 2017 SUBJECT Request by Lowell Lygrisse for a change in Zoning from AG-40 to Rural Residential (RR) classification on property located at 3399 SW Santa Fe Lake Rd. RECOMMENDATION Discuss and approve a request for Zoning change from AG-40 to Rural Residential on approximately 32+/- acres on a tract of land located at 3399 SW Santa Fe Lake Rd. and owned by Lowell Lygrisse. ATTACHMENTS RZ Lygrisse AG-40 to RE.docx Lygrisse.pdf Lygrisse Zone Map.pdf BACKGROUND Lowell Lygrisse owns a tract of land that contains 72+/- acres located at 3399 SW Santa Fe Lake Rd. and is currently zoned AG-40. He is proposing to rezone 32+/- acres which will allow his son and grandson to construct new single family residences on the property. It is possible that the land may be further split and if so it will require the applicant to submit a Subdivision Plat for approval. The remaining 40+/- acres will continue to be farmed as it is currently being done to date. There are numerous tracts of RR zoned property in the area and the request would not be detrimental to the area. Access to the property would be off Santa Fe Lake Rd. and would replace the existing entrance to the north. ANALYSIS The request meets the necessary criteria and was approved by the Planning Commission 5-0 FINANCIAL CONSIDERATION N/A LEGAL CONSIDERATION All Landowners located within a 1,000' radius of the property were notified and Staff did not receive any comments. Administrator Johnson did receive an inquiry and after hearing details about the project the inquiring party was okay with what was being proposed. COMMISSIONER SIGNATURE REQUIRED 12

13 Yes INFORMATION TECHNOLOGY PURCHASE OR SERVICES REVIEW REQUIRED No RECOMMENDED ACTION I Commissioner move to approve/deny the request from Lowell Lygrisse for a change in Zoning from AG-40 to RR Rural Residential on 32+/- acres on property located at 3399 SW Santa Fe Lake Rd. and direct the Chairman to sign Resolution No

14 BUTLER COUNTY PLANNING COMMISSION Agenda Item July 3, 2017 TO: Butler County Planning Commission [RZ-17-04] SUBJECT: Lowell Lygrisse Rev Inter Vivos TR, Request for a change in zoning classification from AG-40 to Rural Residential (RR) classification. INITIATED BY: David A. Alfaro-Director of Community Development Action to Consider: A request by Lowell Lygrisse, to rezone approximately 32+/- acres from an AG-40 Agricultural classification to a Rural Residential (RR) classification. Background: Lowell Lygrisse owns a tract of land that contains 72+/- acres described as: S24, T 26, R03E, Acres 72+/- S/2 NE1/4 EXC BEG SE/C N W500 S E500 TO POB EXCEPT E500 OF S664.2 FEET THEREOF. The property is presently zoned AG-40 Agricultural and located at 3399 SW Santa Fe Lake Rd. (Benton Township) The applicant is requesting to rezone the 32+/- acres which will allow them to gift the Land to his Son and Grandson who will then split off some smaller tracts of land for the construction of 2 homes and farm the remaining property. It is also possible that the land may be further split which will require the applicant to submit a Subdivision Plat for approval. Attached is an aerial photo of the property for which a rezoning is requested. Analysis: Section Factors of Consideration in a Proposal for a Rezone When a proposed amendment would result in a change of the zoning classification of any specific property the recommendation of the Planning Commission, accompanied by a copy of the record of the hearing, shall contain statements as to the present classification; the classification under the proposed amendment; the reasons for seeking such reclassification; a summary of the facts presented; and a statement of the factors upon which the recommendation of the Planning Commission is based using the following guidelines: 1. Whether the change in classification would be consistent with the intent and purpose of these regulations; Staff: The intent and purpose of Butler County s zoning regulations is to encourage more intense development to occur in relatively close proximity to existing urban centers or along major paved transportation corridors within the Urban Growth Area (UGA), and maintain the rural character of those areas that 14 H: Planning\2017\PC Staff Reports\Rezones\RZ Lygrisse 1

15 do not fit into those categories. The applicants property is located inside the Urban Growth Area of the County. The zoning classification requested (RR) will allow parcels ranging at a minimum of 3 acres. With this in mind, it is staff s feeling that the RR classification has been established to allow for semi-dense development inside of the Urban Growth Area. The property is surrounded by AG-40 Zoning on three sides however the Landowner s Residence is zoned Rural Residential and there are numerous tracts of land zoned RR within the immediate area. 2. The character and condition of the surrounding neighborhood and its effect on the proposed change; Staff: The surrounding area is AG-40 to the north, south and west with RR east of the property. The proposed change in zoning would not be detrimental to the neighborhood. 3. Whether the proposed amendment is made necessary because of changed or changing conditions in the area affected and, if so, the nature of such changed or changing conditions; Staff: There are no changed or changing conditions in the area that would make the proposed rezoning necessary. It simply arises from a desire by the applicant to re-zone the 32+/- acres and then gifting the land to his son and grandson. 4. The current zoning and uses of nearby properties, and the effect on existing nearby land uses upon such a change in classification; Staff: The property surrounding the applicant s property is AG-40 as well as Rural Residential. It is staff s opinion that the zoning classification requested would not have a negative effect upon nearby land uses since it would contain parcel sizes that are similar in nature to the existing parcels in the area. If the parcel is rezoned there is always the possibility that it could be further subdivided in the future; so that has to figure in the consideration. Again, as always, you must also make a determination as to whether this particular area is appropriate for higher density residential development. 5. Whether every use that would be permitted on the property, as reclassified, would be compatible with the uses permitted on other property in the immediate vicinity; Staff: The Rural Residential classification would allow more development then what is allowed in the AG-40 zoning classification but in this case still allow for agricultural activities to take place on the remaining 40+/- acres. 15 H: Planning\2017\PC Staff Reports\Rezones\RZ Lygrisse 2

16 6. The suitability of the applicant s property for the uses to which it has been restricted; Staff: The applicant s property contains approximately 72+/- acres. It had been suitable for agricultural uses and if rezoned and split will still allow for farming uses. 7. The length of time the subject property has remained vacant or undeveloped as zoned; provided the use of land for agricultural purposes shall be considered as allowing the land to be vacant or undeveloped; Staff: The property being requested to be rezoned has been used for agricultural purposes for ever. The applicant does live on the property and has plans on gifting the vacant property if the re-zone is approved. 8. Whether adequate sewer and water facilities and all other needed public services, including transportation exist or can be provided to serve the uses that would be permitted on the property if it were reclassified; Staff: There are no Utilities to the property and it does not appear that there is rural water in the area. Lagoon or Septic System would be needed to handle the sewer. SW Santa Fe Lake Rd. is a paved road. Electricity is available from Westar Energy or Butler Rural Electric 9. The general amount of vacant land that currently has the same zoning classification proposed for the subject property particularly in the vicinity of the subject property, and any special circumstances that make a substantial part of such vacant land available or not available for development; Staff: The property is located adjacent to AG-40 zoning and there are other tracts of vacant land that could also request a zoning change. 10. The recommendations of professional staff; Staff: As mentioned, this property is inside the Urban Growth Area of the County. The rezoning of this property to the classification requested would allow the division of the property into a minimum of 2-16 acre lots or several 5 acre tracts of land. It is not the immediate intention of the Applicant to split it any more than once which will allow him to build two residential structures but there are other family members that might entertain the idea of building on the property at a future date. It is at that point that a Plat would be required. 16 H: Planning\2017\PC Staff Reports\Rezones\RZ Lygrisse 3

17 With these thoughts in mind, staff would recommend approval because the zoning classification requested would not be inconsistent with the Zoning currently in place within the area. 11. Whether the proposed amendment would be in conformance to and further enhance the implementation of the County s Comprehensive Plan; Staff: The County s Comprehensive Plan would consider this area a Gradient area that is inside the Urban Growth Area. As mentioned the intent and purpose of the Rural Residential zoning classification is to provide for small to medium size tracts of residential property which could still retain the character of a rural area. Based upon its location staff feels the request would be in conformance to the County s Comprehensive Plan. 11. Whether the relative gain to the public health, safety, and general welfare outweighs the hardship imposed upon the applicant by not upgrading the value of the property by such reclassification; and Staff: Staff feels it is improper to suggest that the County imposes a hardship upon an applicant simply by denying a rezoning request. The mere implementation of zoning regulations implies that the County feels there are instances where an individual property owner s wishes and desires are not in the interest of the public good. In addition, it has been previously pointed out by staff that the very nature of zoning regulations implies that there is no inherent right to use a property in any manner desired. This has been challenged in courts, but, for the most part, the ability by a public entity to regulate uses, has been upheld. That being said, staff feels there would be no public gain from denying the request. 12. Such other factors as may be relevant from the facts and evidence presented in the application. Staff: Staff did not receive any comments concerning the proposed change. Staff Recommendation: Staff recommends approval because it is felt the density and uses that would be allowed would be appropriate in the area. I, move to recommend approval/denial of the request by Lowell Lygrisse to re-zone 32+/- acres of property located at 3399 SW Santa Fe Lake Rd. 17 H: Planning\2017\PC Staff Reports\Rezones\RZ Lygrisse 4

18 Towanda, KS from AG-40 to RR Rural Residential and direct Staff to pass on a positive recommendation to the Board of County Commissioners. 18 H: Planning\2017\PC Staff Reports\Rezones\RZ Lygrisse 5

19 B 3.00A S-03E 2.01 SW Santa Fe Lake Rd 26S-04E

20 SW 30th St SW Adams Rd B 3.00A SW Tawakoni Rd S-03E 2.03 SW Santa Fe Lake Rd S-04E

21 Board of County Commissioners Agenda Item Report Agenda Item No. 3 Submitted by: David Alfaro Submitting Department: Planning & Zoning Meeting Date: August 1, 2017 SUBJECT Request for a Mortgage Lot Split by Robert & Joy Harder on property located at NW 20th St. Benton,KS RECOMMENDATION Discuss and approve a request for a Mortgage Lot Split on 8.7 acres with the placement of a 71.3 acre APO on part of the remaining property by Robert & Joy Harder on property located at NW 20th St. Benton, KS. ATTACHMENTS Harder Mort. Lot Split.pdf PL Harder Mortgage Lot Split.docx BACKGROUND Robert & Joy Harder own a tract of land containing 148+/- acres located at NW 20th St. Benton, KS. They are proposing to split approximately 8.7 acres of land upon which to construct a new single family residence and place an APO on 71.3 of the remaining acres. The property is primarily used for farming activities and Staff fees the request meets the criteria for such a split and it is felt it is appropriate to place an APO on the 71.3 acres. ANALYSIS The request meets all the necessary criteria and was approved by the Planning Commission 5-0. FINANCIAL CONSIDERATION N/A LEGAL CONSIDERATION All Landowners within a 1,000' radius were notified of the request and Staff did not receive any comments. COMMISSIONER SIGNATURE REQUIRED Yes INFORMATION TECHNOLOGY PURCHASE OR SERVICES REVIEW REQUIRED No RECOMMENDED ACTION I Commissioner move to approve/deny the request from Robert & Joy Harder for a Mortgage Lot split with the placement of an APO on property located at NW 20th St. Benton, KS and direct the Chairman to sign the APO Agreement. 21

22 2 6 2 NW Butler Rd 1 25S-03E 71.3 APO Lot Split 2 NW 20th St

23 Butler County Planning Commission July 3, :00 PM TO: SUBJECT: INITIATED BY: Butler County Planning Commission Request for Mortgage Lot Split-Case# PL Dave Alfaro-Director of Community Development Action to be considered: Background: Robert & Joy Harder owns a tract of land containing 148+/- Acres described as: S19, T25, R03E, Acres Acres, SE1/4 EXC S660 W660 LESS ROW The property is commonly known as NW 20 th St. Benton, KS (AG-80 Zoning) Existing Conditions: The applicant is proposing to split an 8.7 acre tract of land with placement of a 71.3 acre APO on the remaining property. The property is primarily used for farming activities and Staff feels the request meets the criteria for such a split and it is felt it is appropriate to place an APO on the 71.3 acres. Attached for your review is an aerial photo showing the area to be split. Article 7-Agricultural Districts (AG-40 and AG-80): Section Mortgage Lot Split with APO provision and criteria: 1. Property must be zoned AG-40 or AG-80 with a minimum lot size that is equivalent to a quarter of a quarter section or half of a quarter section respectively; 2. The newly created lot shall be no larger than 10 acres in size and no smaller than 5 acres in size; 3. The owner must grant a Conservation Easement (through a land trust or USDA) or Agriculture Preservation Overlay (APO) through the Planning Department for the remainder of the property. Said easement or overlay is to be a legal attachment to the deed and a certified copy is to be filed with the Register of Deeds and the Planning Department. Only agricultural structures shall be allowed in the Agricultural Preservation Overlay Easement. A residence does not constitute an agriculture structure; and 4. The new lots cannot, thereafter, be further subdivided without proper zoning classification, replatting, and/or removal of APO. Recommended Action: It is recommended that the Planning Commission approve this request for a Mortgage Lot Split with Agricultural Preservation Overlay for the above noted reasons, and because it will not result in a change in the overall character of the area. Suggested Motion: 1 Case# PL Harder Mortgage Lot Split Date: July 3,

24 I, Planning Commissioner, hereby make a motion to approve the proposed Mortgage Lot Split and that the contents described on the Certificate of Survey and APO Overlay Agreement submitted by Robert L. Harder Revocable Trust be filed in the Register of Deeds by the Department of Community Development. 2 Case# PL Harder Mortgage Lot Split Date: July 3,

25 Board of County Commissioners Agenda Item Report Agenda Item No. 4 Submitted by: David Alfaro Submitting Department: Planning & Zoning Meeting Date: August 1, 2017 SUBJECT Request for a Conditional Use Permit by James Keller for the purpose of operating a Topsoil Harvesting Operation at 330 W. Rosewood Rose Hill, KS. RECOMMENDATION Discuss and approve a request for a Conditional Use Permit by James Keller to operate a Topsoil Harvesting Operation on property located at 330 W. Rosewood Rose Hill.KS. ATTACHMENTS CU Keller Topsoil Harvesting.docx Keller Development Plan.pdf Keller Dirt Farm.pdf BACKGROUND James Keller owns approximately 77+/- acres, currently zoned AG-40, located at 330 W. Rosewood Rose Hill, KS. Mr Keller owned a Topsoil Harvesting operation in Sedgwick County and wants to bring the business to Butler County. He purchased a tract of land in close proximity to the Rose Hill city limits but is still in the County and zoned AG-40 as mentioned earlier. Mr. Keller is proposing to remove the canopied type structure currently in place and place it on the new site which will allow for the storage of the Topsoil in a enclosed environment. This will allow him to keep the soil dry. Small pieces of equipment will be used to scrape the topsoil and the top 4-5 inches of dirt is all that will be removed. This will allow him to reseed the approximate 4-5 acres of land that will be impacted each year and re-grow the prairie hay or brome that will be hayed each year there after. Attached is a Business Plan for the business. ANALYSIS The request by Mr. Keller for the development of his business was thoroughly looked at and discussed. Because of its proximity to the City of Rose Hill Staffed visited with members of the City of Rose Hill as well as reviewed the City's Comprehensive Plan. It identifies the area in question as future Commercial development and looking at the type of business being proposed Staff felt the proposed operations would not be intrusive to the area. In fact a Resolution designed to show no support by the City Council was submitted to the Mayor and Council of the City of Rose Hill but once Mr. Keller explained his operations they were in favor of the project. Councilman Bill Baker was in fact at the Planning Commission meeting and spoke in favor of the project. 25

26 The Planning Commission approved the request for the C.U.P FINANCIAL CONSIDERATION N/A LEGAL CONSIDERATION As required all Landowners located within a 1,000' radius were notified of the project and staff did not receive any comments accept from the City of Rose Hill as noted above. COMMISSIONER SIGNATURE REQUIRED Yes INFORMATION TECHNOLOGY PURCHASE OR SERVICES REVIEW REQUIRED No RECOMMENDED ACTION I Commissioner move to approve/deny the request for a Conditional Use Permit by James Keller for the operation of a Topsoil Harvesting Operation at 330 W. Rosewood Rose Hill, KS and direct the Chairman to sign Resolution No

27 Butler County Planning Commission July 3, 2017 TO: SUBJECT: INITIATED BY: Butler County Planning Commission Request for a Conditional Use Permit-Case# -CU James Keller/Hazen Living Trust for the purpose of developing a Topsoil Harvesting Operation at 330 W. Rosewood, Rose Hill, KS. Dave Alfaro-Director of Community Development Action to be considered: A request from James Keller & Frances Hazen Living Trust, for a Conditional Use Permit to Operate a Topsoil Harvesting Operation on a 77+/- acre tract of land, currently Zoned AG-40 and located at 330 W. Rosewood Rose Hill, KS. (Pleasant Township) Background: Frances Hazen owns 77+/- acres of land on Rosewood Rd. and through an Option to Purchase Agreement with James Keller he will own and operate a Topsoil Harvesting Operation on the 77+/- acres. Attached is a Memo from James Keller depicting the future development of the Site as well as a short Business Plan identifying the Buildings to be constructed and the type of Equipment that will be stored and operated as part of the business. An Aerial Photo depicting the property and surrounding location is attached as well as street level views giving you a perspective of the fall of the land and the fact that most of the operations will not be visible to the passerby from Rosewood. Article 7-AG-40 & AG-80 Zoning District: Section Factors to be considered in an application for a Conditional Use Permit Because of particular conditions associated with their activities, certain uses which might have an adverse effect upon nearby properties or upon the character and future development of a district are not permitted outright in districts, but are permitted as Conditional Uses when their proposed location is supplemented by additional requirements; so as to make the use requested compatible with the surrounding property, the neighborhood, and the zoning jurisdiction. In approving a Conditional Use the minimum requirements of approval for all similar types of permitted uses, in the same district, must be met unless otherwise reduced by specific reference in the recommendation of the Planning Commission or the approval of the Board of County Commissioners. The requirements may be made more stringent if there are potentially injurious effects; which may be anticipated upon other property and the neighborhood or contrary to the welfare and convenience of the public. The Planning Commission may recommend approval of a Conditional Use and the Board of County Commissioners may approve such Conditional Use using the following factors as guidelines: 1) Whether approval of the Conditional Use would be consistent with the intent and purpose of these regulations: 27

28 Staff: The property is zoned AG-40. The intent and purpose of the zoning regulations as they apply to AG-40 zoning classification is to serve as a zoning classification to maintain the presence of agricultural lands and agricultural uses. The harvesting of Topsoil and replanting of grasses in an AG-40 zoned tract of land would not be inconsistent with the intent of the regulations. It is not necessarily whether the proposed use is consistent with the intent and purpose of the zoning regulations because such ag related activities are consistent; but rather, whether the proposed use is appropriate for the area in which it is located. In this instance, staff feels the use proposed would be consistent with the intent and purpose of the regulations but since the project is in the possible future growth area of the City of Rose Hill it could be perceived as being detrimental to the area. The property is located inside the Urban Growth Area of the County. 2) Whether the location of the proposed use is compatible to other land uses in the surrounding neighborhood: Staff: Based upon the type of use proposed it would be compatible with other land uses in the surrounding area if operated in the manner proposed by the applicant, and if operated in accordance with conditions that would minimize its impact upon the surrounding properties. The land will be used for Topsoil Harvesting operation and will see some additional traffic to the area but most of it will be 2 company dump trucks and will not be making numerous trips on a regular basis. 3) Whether the proposed use places an undue burden on the existing transportation and service facilities in the area affected and, if so, whether such additional transportation and service facilities can be provided: Staff: As mentioned the property is located in an AG-40 area and the road serving the area is a paved road. There will be limited traffic to and from the site but it should have virtually no impact upon the road accessing the property. 4) Whether the proposed use is made necessary or desirable because of changed or changing conditions in the area affected: Staff: There are no changed or changing conditions in the area. The applicant is merely proposing to operate a Topsoil Harvesting business at the site. 5) The length of time the subject property has remained vacant or undeveloped as zoned; (the use of land for agricultural purposes shall be considered as viable use of the land and not be considered as allowing the land to be vacant or undeveloped): 28

29 Staff: The land is not vacant but as noted above it has been used for agricultural purposes over the years. 6) Whether the applicant s property is suitable for the proposed use: Staff: It is felt the property is suitable for the proposed use. The nature of the use of the land would not negatively affect the character of the area. The applicant will be harvesting topsoil on 4-5 acres of the 77+/- acres each year and then reseeding with brome or hay after harvesting. Once grasses have grown will be hayed similar to what is being done on the property not be harvesting. 7) The recommendations of professional staff: Staff: Staff feels the proposed use is appropriate and recommends approval. 8) Whether the proposed Conditional Use would be in conformance to and further enhance the implementation of the county s Comprehensive Plan: Staff: This particular site is inside the Urban Growth Area of the County as noted in the Butler County Comprehensive Plan. It is also within the identified growth area of the City of Rose Hill. The Comprehensive Plan stipulates that the property is within the Gradient Area which is an area covered by each city s own Comprehensive Plan. Gradient Areas also should have Public Utilities, i.e. Water & Waste Water, but in this situation the site only has Public Water but a Septic System is taking care of the Waste Water. It appears that Public Sewer is within feet of the site and therefore staff feels the use proposed may be in conformance with the City of Rose Hill Comprehensive Plan as it identifies that area as future commercial property. 9) Whether the relative gain to the public health, safety, and general welfare outweighs the hardship imposed on the applicant by not upgrading the value of the property by approving the proposed Conditional Use: Staff: Staff feels the hardship issue is irrelevant in this case. Zoning Regulations have been upheld in Courts for a long period of time. The very nature of zoning regulations implies that the public good is served by not allowing certain uses in certain locations. To imply that they serve as a hardship by not allowing a certain use on any particular property is incorrect. When a person buys property, he/she is not guaranteed a use of that property other than what is allowed at the time they buy it. But with that in mind and given the nature and reason for the request, staff does feel the denial of the request is imposing a hardship on the applicant. 10) Whether the proposed Conditional Use, if it complies with all the conditions upon which the approval is made contingent, will not adversely affect the property in the area: 29

30 Staff: It is felt the proposed use will not adversely affect the property in the surrounding area after project is complete but staff is proposing that all facets of the Site Plan be enforced from the construction of the Berms to the planting of the Trees. 11) For uses as solid waste disposal facilities, including sanitary landfills, construction and demolition landfills and transfer stations, whether the proposed Conditional Use is consistent with the Comprehensive Solid Waste Management Plan for Butler County, and amendments thereto: Staff: N/A 12) Such other factors as may be relevant from the facts and evidence presented in the application: Staff: The City Administrator for the City of Rose Hill presented a Resolution to the City Council opposing the Project but the Council failed to take action on it so I see that has supporting the project. Recommended Action: Staff recommends approval for the reasons noted above. Suggested Motion: I, Planning Commissioner, hereby make a motion to approve/deny the Conditional Use Permit and recommend to the Board of County Commissioners that Case # CU , development of a Topsoil Harvesting Operation, be approved/denied based upon the findings of the Planning Commission as recorded in the minutes of the Hearing. 30

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33 W Fox Brier St R N Ione St S-03E Keller Dirt Farm R 3.00R 1.00R W Rosewood St A B N Rose Hill Rd N Timberline Dr E Fox Brier Rd 4 N Meeker Ct 3 N Main St E Osage St E Bradbury St E Deer Creek Dr E Pine Ridge Ct N Pin Oak Ct E Orange Ct E Rosewood St N Tanglewood Rd N Tanglewood Ct

34 Board of County Commissioners Agenda Item Report Agenda Item No. 5 Submitted by: Dan Ingalls Submitting Department: Facilities Management Meeting Date: August 1, 2017 SUBJECT EMS Station #1 Change Order Document RECOMMENDATION Have the Butler County Commission Chair review and sign Change Order Document 01 ATTACHMENTS BACKGROUND The remodel of EMS Station #1 is now complete. Change orders have been completed and punch list has been completed to Butler County's satisfaction. Next is completing all payments due. ANALYSIS Total amount of change orders due to McCollom Construction Inc. $3, FINANCIAL CONSIDERATION $65,000 was budgeted in the CIP. Winning bid came in at $60, which left a contingency of $4, Change orders totaled $3, Total project cost $64, LEGAL CONSIDERATION NA COMMISSIONER SIGNATURE REQUIRED Yes INFORMATION TECHNOLOGY PURCHASE OR SERVICES REVIEW REQUIRED No RECOMMENDED ACTION I Commissioner move to approve the change order amount of $3, to McCollum Construction and authorize the Butler County Commission Chairman to sign. 34

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36 Board of County Commissioners Agenda Item Report Agenda Item No. 6 Submitted by: Chad Pore Submitting Department: Emergency Medical Services Meeting Date: August 1, 2017 SUBJECT EMS World Expo Travel RECOMMENDATION Approval to send four additional crew members to EMS World Expo in October. ATTACHMENTS EMS World Expo Proposal 2017.docx BACKGROUND A group of EMS employees began a process over two-years ago to design a safer, more efficient ambulance, which would also save money for the department. The work of this group culminated in June of this year with the delivery of a 2017 Ford Transit completely designed for a safety of crew while still allowing them to provide patient care. This ambulance has received significant attention since being delivered as we have been contacted by multiple people around the world and over 54,000 people have viewed the ambulance tour we posted on our Facebook page. Due to the feedback and attention Osage Ambulances has asked to place our unit in the exhibit hall of EMS World Expo. Osage is responsible for the professional transport to and from the conference for the unit and is also responsible for the cost to put the truck in the exhibit hall. Since our ambulance design has already begun changing the design of some ambulances throughout the US we are asking to send the four additional Ambulance Design Team members to the national conference. ANALYSIS The members of the ambulance design team put in significant thought, time, and effort to design an ambulance fiscally responsible while increasing patient and provider safety. The success of this group is far reaching, but it greatly impacts Butler County. This year alone, this new design will save Butler County over $182,000. I am asking to reward the efforts of these individuals by sending them to the EMS World Expo to see the new ambulance design showcased in a national conference. This will allow these members to discuss the design and decision making with others throughout the country while also having the opportunity to gain continuing education hours and knowledge they can bring back to BCEMS. This will also reward them for their hard work and effort in saving the county a substantial amount of money. FINANCIAL CONSIDERATION Cost of the conference is covered by savings from other conferences and savings on the new ambulances. The new ambulances will save at least $182,400. We also saved an additional $5,000 this year by not attending the National Association of EMS Physicians (NAEMSP) Conference and not sending an additional person to the EMS Billing Conference. These savings more than cover the estimated $3,600 it will cost to send these four individuals to EMS World. LEGAL CONSIDERATION None 36

37 COMMISSIONER SIGNATURE REQUIRED No INFORMATION TECHNOLOGY PURCHASE OR SERVICES REVIEW REQUIRED No RECOMMENDED ACTION I, Commissioner, move to approve EMS sending four additional crew members to the EMS World Expo in October. 37

38 EMS World Expo Proposal Dates: October 18-20, 2017 Location: Las Vegas Total Cost: $3,564 Total Savings: $182,960 Background: Over the last two-years we had a team consisting of myself, Scott Stueven, Josh Whiteside, Chris Gray, Collin Engraf, and Steve Michealson who have worked to completely redesign our future ambulances. The purpose has been to create a safer ambulance while ensuring technicians can continue providing high-quality patient care. The culmination of these efforts was our recently purchased 2017 Ford Transit. This unit, along with the low-top Sprinter, are unique in the United States. This group of individuals has stepped away from cookie-cutter ambulance designs to build a new model designed for ergonomics. This has created a significant amount of buzz around the world with our Facebook video having been seen over 140K times and viewed over 51K times. We have received messages and s from all over the world. Due to the success of this design, Osage Ambulances, the manufacturer, has asked to place the ambulance in the EMS World Expo conference in Las Vegas in October. Osage will pay the floor space cost at the conference center and will also pay to have the unit professional transported round-trip on a flatbed. Request: I am asking to reward the individuals who helped design this ambulance over the last two-years by sending them to EMS World Expo in Las Vegas. These individuals are proud of the work they have done and the impact they have made regarding ambulance safety and should be rewarded for their hardwork. Once at the conference they will attend traditional course offerings, but will also assist in showing off the new ambulance design and answering any questions other agencies may have. As I mentioned above, there has been a significant amount of buzz generated. Because of this, my registration is free as I have been asked to sit on an ambulance design panel taking place during the conference. This is a $340-dollar savings. Also, StatPacks has graciously provided us with two free Medslinger bags we currently use on our units. Together these bags amount to a $220 savings bringing the total savings currently to $560. More important is the savings we will see from these newly designed units. This new design on a Transit and/or Sprinter chassis cost $140,000 before any trade-in. If we built the same interior in a traditional big-box ambulance (Type-III) the up-front cost would exceed $200,000. This amount to a $60,000 savings on the front-end with additional savings on maintenance and fuel over the life of the vehicle. If you factor in three new ambulances in 2017 with this new design we are saving over $180,000 up front alone. I am asking to use some of these savings to pay the cost of sending four additional people (Josh Whiteside, Chris Gray, Collin Engraf, and Steve Michealson) to the EMS World Expo Conference. 38

39 As an additional savings, we did not send anyone to the National Association of EMS Physicians Conference, which had been budgeted to send two people. We also only sent two people to the Ambulance, Billing, and Coding Conference, which had been budgeted to send three people. Not sending people to these conferences amounts to an over $5,000 savings. Breakdown of Cost: $1,360 - Conference Registration for 4 $480 Meals (3 days at $35, 1-day at $15 for each person) $700 Hotel (2 rooms for 4 people for 3-nights at $116/night. This cost should end up being less) $1,023 Airfare for 4 (Flying direct on Southwest as of 7/12/17 at 9:35pm) $3,564 Total Projected cost for these four additional attendees at EMS World Expo Total Savings $2,400 New camera system provided free as beta-testers $340 - Pore conference registration for sitting on panel $220 Two Medslinger bags for ambulances $180,000 Up-front savings for 3 new ambulances in 2017 $182,960 Known savings Thank you for your consideration in rewarding these employees for their hard work on the project. Chad 39

40 Board of County Commissioners Agenda Item Report Agenda Item No. 7 Submitted by: Chad Pore Submitting Department: Emergency Medical Services Meeting Date: August 1, 2017 SUBJECT New ambulance purchase RECOMMENDATION Approval to purchase Ford Transit to replace wrecked Chevy G4500. ATTACHMENTS Butler Co Type II Estimate 0617[20493].pdf BACKGROUND On June 17, 2017, one of our crews were involved in a crash on the turnpike in a 2012 Chevy G4500. Fortunately, both crew members did not sustain serious physical injuries as a result of the crash. The ambulance was totaled in the crash and needs to be replaced. We were fortunate we already had two ambulances on order and the manufacturer agreed to let us retain two trade-in ambulances until the replacement ambulance is built and delivered. Also important background information is we were already scheduled to get two customized ambulances in 2017 built by Osage Ambulances out of Linn, MO. ANALYSIS We maintain a fleet of seven ambulances (5-primary & 2-reserve). Crashing the ambulance on dropped us to six ambulances. However, on , we took delivery of a previously purchased Ford Transit. Osage Ambulances agreed at that time to let us keep the trade-in for the transit (vehicle 80D) until we receive our previously ordered Mercedes Sprinter in late August/early September. The also agreed to let us keep the Sprinter trade-in (vehicle 19D) until we could get a 3rd one delivered in late October. Allowing us to keep these trade-ins will ensure we maintain a fleet of seven. We are also asking for sole-source purchasing due to our current relationship with Osage Ambulances as they will build this replacement ambulance using the same specifications as the current units they have/are building for us. FINANCIAL CONSIDERATION $141,900 is the quote for the replacement ambulance. This ambulance would not have any trade-ins due to it replacing the totaled unit. We have not yet received the insurance payment for the totaled ambulance, but any funds received will be used towards the purchase of the replacement ambulance. Any additional fund needed will be pulled from our budget. We will also remove the 2018 ambulance purchase from the CIP as the unit totaled was the one scheduled to be replaced next year. LEGAL CONSIDERATION None. COMMISSIONER SIGNATURE REQUIRED Yes 40

41 INFORMATION TECHNOLOGY PURCHASE OR SERVICES REVIEW REQUIRED No RECOMMENDED ACTION I, Commissioner, move to approve the purchase of a 2018 Ford Transit Ambulance from Osage Ambulances at a price not to exceed $141,

42 EMERGENCY SERVICES SUPPLY 6641 CHRISTOPHER DRIVE ST. LOUIS, MO / Fax 314/ Cell 314/ DATE: 6/21/17 ESTIMATION TO: Butler County EMS DELIVERY LOCATION: El Dorado, KS DELIVERY TIME: Fall 2017 PAYMENT: Net on delivery 2018 Ford Transit 3.5L Ecoboost Medium Roof, single sliding door chassis to match Type II delivered in June 2017 (5213, T130): TOTAL NET DELIVERED PRICE $141, * Estimated chassis price increase from Ford. No increase in pricing from Osage from the June 2017 Type II conversion. Kyle Shimmens Emergency Services Supply / Osage Ambulances