County rejects paving roads
for housing development


Wayne White | Managing Editor

LYNDON—Land developers in Osage County are on their own if they need improvements on nearby roads. In discussion Monday, Osage County commissioners reaffirmed the county’s policy as stated on all of the county’s building permits.

The subject came up after county counselor Delton Gilliland said he had recently spoken with Steve Zerr, who is developing plans for a housing and commercial subdivision at the north edge of Lyndon. Gilliland said Zerr had asked whether the county would participate in blacktopping and widening 245th and Adams streets, which border the proposed subdivision on the north and east sides. Zerr has also proposed 245th Street’s right-of-way be widened from 49.5 feet to 60 feet.

Gilliland said Zerr was seeking an answer of whether the road will remain the same width due to ongoing preparation of the subdivision’s plans.

“He is getting his drawings going, he needs to know,” Gilliland said. “He needs to know what the street right-of-way is going to be so he can lay out his lots and that kind of thing.”

It was noted both roads are township roads and not currently subject to county maintenance.

Gilliland said Zerr was planning to donate most of the additional right-of-way to widen the road, but it would be necessary to acquire land from two neighboring landowners.

If the county participated in the project, not only would funding for the surfacing be needed, “We would have some acquisition to do,” Gilliland said.

Osage County Commissioner Ken Kuykendall questioned Sheila Dale, county land use coordinator, about improvement of road conditions as stated on county-issued building permits.

“They have to bring it up, if they want it they bring it up,” Dale said. “They’re the developer.”

Osage County Economic Development Director Stephanie Watson said she had advised other potential developers in the same manner.

“I said, ‘You will not get the county to develop these roads,’” Watson said. “Am I advising them wrong?”

The commissioners agreed it had been the county policy for years that road improvements for developments must be done by the developer.

Gilliland said if the commissioners chose to improve the road, “It can certainly have ramifications.”

“It would set a precedence,” Kuykendall said. “I don’t know where you stop, if you do it for one you’d have to do it for all. It says right on the permit, if you don’t like the road, fix it.”

“If we paved it, South Shore, all those people would want it, I’d want my driveway paved,” he said.

“I’m not opposed to development,” said Osage County Commissioner Carl Meyer. “But as far as the county taking over the blacktopping, you’re opening the door for many (requests).”

“I’m not opposed to making the road wider than it is,” Kuykendall agreed. “I don’t have a problem if the developer can pay for it. If the county can facilitate it to help him, I’m all for that, too.”

Commissioners also agreed such a project would be cost prohibitive for the county.

“It will be a high dollar item for the county,” Meyer said. “For a township it would be probably impossible for them to blacktop.”

“[Townships] have no way of maintaining asphalt road, anyway,” said Glen Tyson, county road and bridge supervisor.

With questions about whether the city of Lyndon was planning to annex the property, Watson said she had worked with the city on the issue.

“They want more commitment,” Watson said. “They want to see development. They want to see actual commitment.”

She said the city had not yet agreed to provide any of the infrastructure needs.

With Watson’s comments, Osage County Commissioner Mike Pruitt said he wanted to see more proof the project would proceed.

“It’s all on paper, he doesn’t have anybody committed to go in there,” Pruitt said.

Tyson noted that if Lyndon annexed the property, maintenance of bordering township roads would be divided between the city and township.

Ending the discussion, Meyer said it was the consensus of the commission that the county would not participate in widening or paving the roads.

“I think that based on our conversation, he’s going to put it in with the existing road, but he just needs to develop his plan in that manner,” Gilliland said, saying he would notify Zerr of the commission’s decision.

In other business, the commission:

• considered a proposal from Poole Fire Protection to develop a plan for the county’s compliance with fire codes at the courthouse. A contract to perform those services at a cost of $10,910 was reviewed. Gilliland was directed to amend the contract’s terms and send it back to the company for approval.

• held a public hearing for Rural Water District No. 6, which is seeking a federal stimulus funds community development block grant through the Kansas Department of Commerce in the amount of $482,690 for water system improvements. No members of the public were present for the hearing, and commissioners approved the application that is being handled by Governmental Assistance Services.

• approved a four-year contract with Osage County Appraiser Stacy Berry, setting her annual compensation at $58,000 with annual 1.5 percent adjustments.

• approved a special event permit for a fireworks display on July 4 at Prairie Haven, a private campground south of Scranton.

• heard from Dale that a grant of $6,557 for local environmental protection planning would be received from the federal government next year. The grant requires 10 percent matching funds from the county.

• approved a credit application for Neilson Roofing to dump at the county’s waste transfer station.

• approved emergency vehicle permits for Kyle Wolf and Dylan Fritz.