IOLA, KANSAS
OFFICE OF THE ALLEN COUNTY CLERK
December 23, 2003
Disclaimer: These unofficial minutes are not official
until approved by the Commission. Please contact the Allen County
Commission Office or the Clerk’s Office regarding any questions or
accuracy of the minutes prior to the Commission approval.
The Allen County Board of Commissioners met in regular
session at 8:30 a.m. with Chairperson Dick Works, Commissioner Walt Regehr
Jr., Commissioner Kent Thompson, and Sherrie L. Riebel, County Clerk.
Commissioners corrected and approved the minutes of the
December 16, 2003 meeting.
Commissioners discussed landfill fees with Bill King,
Public Works Director,
Commissioners discussed the airport land that is leased
for farming.
Alfred Link, Veterans representative, discussed the
Vietnam Memorial Moving Wall. He reported it is to be in Iola in June 6 to
11, 2004. Mr. Link explained it would have to have lights on it at all
times, volunteers to put the wall up, guarded 24hours a day, a tent would
go up for visitors and a few other items. Discussion followed.
Commissioner Regehr moved to approve for the wall to be on the courtyard.
Commissioner Thompson second, motion passed 3-0-0.
Commissioners discussed an administrative fee for Burns
& McDonnell charged while the heating system is installed at the
landfill. Discussion followed.
An application for Jerry Swanson, Buddy’s Pointe,
requesting a permit for cereal malt beverage license for 2004 was
presented to the commission. Discussion followed. Commissioner Thompson
moved to approve the license. Commissioner Regehr second, motion passed
3-0-0.
Sandra Drake, Allen County Appraiser, discussed paid
under protest tax hearings.
Commissioner Works opened the meeting for road and alley vacation.
Roberta Sinclair, Bill and Penny McLendon, were present for the road and
alley vacation for that part of First Street from the south right of way
line of Wheeler Street south to its intersection with Curtis Street. All
of Curtis Street from First Street east to the west right of way line of
Kentucky Street. All of east to west alley located between Wheeler Street
& Curtis Street and running east to west from First Street to Kentucky
Street. All of the above described streets and alley are located in
previously platted Henderson & Powell’s Acre tracts, a recorded
subdivision, and located in the Northeast Quarter (NE 4) of the Southeast
Quarter (SE4) of the East half (E2) of the Northwest Quarter (NW4) of the
Southeast Quarter (SE4) of Section 35, Township 24S, Range 18E, Iola
Township, Allen County, Kansas. Mrs. Sinclair discussed another road to be
maintained.
Commissioners stated they could not maintain a private drive. Chief
McLendon discussed the reasons for the road vacation request.
Commissioners reviewed resolution 200314.
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ALLEN
COUNTY, KANSAS,
VACATION A CERTAIN SECTION OF COUNTY ROADS AND ALLEY
LOCATED WITHIN THE TOWNSHIP OF IOLA, ALLEN COUNTY, KANSAS RESOLUTION
NUMBER 200314
WHEREAS, the Board of County Commissioners of Allen County, Kansas has
proposed to vacate a certain section of platted county roads and alley
located in Section 35, Township 24S, Range 18E, Iola Township, Allen
County, Kansas pursuant to K.S.A. 68-101a, described as follows:
WHEREAS, said county road is described as follows:
Location is that part of First Street from the south right of way line
of Wheeler Street south to its intersection with Curtis Street.
All of Curtis Street from First Street east to the west right of way
line of Kentucky Street.
All of east to west alley located between Wheeler Street & Curtis
Street and running east to west from First Street to Kentucky Street.
All of the above described streets and alley are located in previously
platted Henderson & Powell’s Acre tracts, a recorded subdivision,
and located in the Northeast Quarter (NE 4) of the Southeast Quarter (SE4)
of the East half (E2) of the Northwest Quarter (NW4) of the Southeast
Quarter (SE4) of Section 35, Township 24S, Range 18E, Iola Township, Allen
County, Kansas.
Vacation continued: to be included also in street vacation that part of
Wheeler Street from the west right of way of First Street west to the east
bank of Elm Creek. This part of Wheeler Street was not platted in
Henderson & Powell’s Acre Tracts. Allen County, Kansas, pursuant to
K.S.A. 68-102a.
WHEREAS, notice of said proposed vacation has been given by the County
Clerk as required by K.S.A. 68-102a.
WHEREAS, the Board has found and determined that said road is not a
public utility by reason of non use and inconvenience and the necessity
for said road as a public utility does not justify the expenditure of the
necessary funds to keep the same in condition for public travel, and
WHEREAS, said vacation consists of less than two consecutive miles, as
required by statute;
BE IT, THEREFORE, RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
ALLEN COUNTY, KANSAS:
That the section of county road between Section
Thirty-Five (35), Township Twenty-Four (24), Range Eighteen (18), Iola
Township, Allen County, Kansas, as more fully described above, be and
the same is hereby vacated.
That the County Clerk cause a certified copy of
this resolution to be filed and recorded in the office of the Register
of Deeds of Allen County, Kansas.
That this resolution shall take effect and be in
force effective upon the formal resolutions of the Board of Allen
County Commission.
Commissioner Regehr moved to adopt and approve the
proposed road and alley vacations. Commissioner Thompson second, motion
passed 3-0-0.
Alan Weber, Allen County Counselor, discussed the
airport land terminating March 23, 2004. A notice has been sent to the
leaser. The land will go up for bid again after the first of the year.
Discussion followed. Bill King, Public Works Director and Marty Taylor,
G.I.S., will review the land changes before the bid is let.
Bill and Sandra discussed the clean up requested at
Carlyle. Discussion followed on what can be done to make the landowner
clean up without taking them to court.
Nan Kemmerly-Weber, Allen County Attorney, requested
Cheryl Welch to carryover 93.50 hours of vacation time. Commissioners
approved to be used within six months.
Commissioner Works moved to appoint Connie Knight to
serve as Osage Township Clerk to fill the un-expired term for resigning
Harold Cooper. Commissioner Thompson second, motion passed 3-0-0.
Commissioners will not be meeting on December 30, 2003
due to the end of year meeting on December 31, 2003. The county offices
within the courthouse will be closed to the public, but the county
commissioners will be open to the public as usual.
Commissioners approved the following documents:
a) Clerk's Journal Entries # 100
b) Clerk’s Vouchers totaling $ 22,130.61
c) Employee Vacation Carryover
d) Abatements PP- Value 7989, $1157.22, Year 2003
e) Abatements Oil- Value 265, $29.50, Year 2003
f) Abatements Truck- Value 2711, $268.82, Year 2003
g) Abatements RE – Value 16310, $2447.50, Year 2003
With no further business to come before the board, the meeting was
adjourned until December 31, 2003 at 8:30 a.m. in the Commission room of
the courthouse.
