County denies road opening request
New county lake regulations prohibit scooters, ATVs, and golf carts on lake roads
Charlie Dannenfelser requested Monday the Marion County Commission consider opening a road near property he owns in Doyle Creek Township near Peabody.
One side of the farm ground is land-locked due to a creek and one side is not land-locked but an inconvenience for moving equipment.
Following the presentation of information and discussion, the commission denied the request since one side of the property is accessible.
Prior to the decision, Robson reminded the commission she had addressed this issue with them three weeks ago. They had suggested the adjoining landowner, Mike Wilson, be contacted for permission to gain access.
"Wilson is not amicable to the request," Robson reported. Therefore, Dannenfelser was requesting a road opening.
Dannenfelser said the property has been in his family for years. Previous landowners had allowed access for farm equipment across their property.
"I tried several years ago when Charles DeForest was a commissioner to get a road opened there," Dannenfelser said. "I was told then to use the low water bridge. I spent $3,000 for improvements to the bridge but they didn't stay." Erosion occurred causing the same dilemma.
Commissioner Howard Collett said he was concerned with the expenses for opening a road.
"There is no road there now," Collett said. "So, we'd have to move fences. There will be expenses incurred by the landowner."
Commission chairman Leroy Wetta also was concerned about setting a precedence.
"We're setting a precedence here. The land is not land-locked," Wetta said. "There is access. It's not our problem that he's got a rough quarter."
Dannenfelser asked the commission what their response would be should he sell part of the land, causing it to be land-locked.
Wetta responded it would be up to Dannenfelser to grant an easement.
"When I look at Doyle Creek, there are a lot of splits," Wetta said. "If we do this on every piece of rough land, we'll be doing it forever."
Robson told the commission, instead of a road being opened by the commission per the request, a petition could be signed which would be a different issue. The commission indicated the answer would still remain the same.
Dannenfelser said he wanted to know and appreciated the commission's opinion before pursuing it any further.
Collett added public roads are for public use. "We're not in the business to build private roads."
The commission approved changes to the county lake's rules and regulations. No electric or gas-powered motor scooters, three-wheel or four-wheel all-terrain vehicles, or golf carts will be allowed anywhere on the Marion County Park and Lake property.
Dale Snelling, lake director, presented the changes to the commission and were approved.
Also approved was a contract with Kansas Wildlife and Parks.
Ken McCloskey of Kansas Wildlife and Parks (KWP) said for the past 20 years the county and the department had been working under a memorandum of understanding.
Since the county charges for fishing, a new memorandum was drawn requiring the county to use fishing revenue for fishing maintenance and improvements.
Money collected for fishing and boating permits, and any other fishing-related collections can be used for roads, trails, parking areas, fish feeders, fish food, dam repair, and other related materials and improvements.
McCloskey clarified that KWP is not trying to manage the lake but wants to protect their investment. The department provides fish for stocking the lake.
