STATE OF KANSAS
)
WYANDOTTE COUNTY
)) SS
CITY OF KANSAS CITY, KS )
PLANNING & ZONING SESSION
THURSDAY, JULY 31, 2008
The Unified Government Commission of Wyandotte County/Kansas City, Kansas, met in
regular session Thursday, July 31, 2008, with ten members present: Holland, Commissioner AtLarge First District; Barnes, Commissioner First District; Miller, Commissioner Second District;
Murguia, Commissioner Third District; Mitchell, Commissioner Fourth District; Kane,
Commissioner Fifth District;
Pettey, Commissioner Sixth District;
Cooley, Commissioner
Seventh District; Ellison, Commissioner Eighth District; Reardon, Mayor/CEO presiding.
DeSeure, Commissioner At-Large Second District was absent. The following officials were also
in attendance:
Dennis Hays, County Administrator; Hal Walker, Chief Counsel; Tom G.
Roberts, Unified Government Clerk; Gary Ortiz, Assistant County Administrator; Gordon
Criswell, Assistant County Administrator; Rob Richardson, Planning Director;
Bradley
Munford, Planner; Byron Toy, Planner; Larry Hancks, Planner; Janet Parker, Administrative
Assistant; and Major Joe Ward, Sergeant-at-Arms.
MAYOR REARDON called the meeting to order.
ROLL CALL: Kane, Pettey, Cooley, Ellison, Holland, Barnes, Miller, Murguia, Mitchell,
Reardon.
INVOCATION was given by Commissioner Holland.
THE AGENDA FOR July 31, 2008, was presented. Mayor Reardon asked if there were any
revisions to the agenda. Tom G. Roberts, Unified Government Clerk, stated yes, under Item
No. 10, which are the 2009 budget actions. The Commission has been given a blue sheet and it
changes the sequential order of the actions to be implemented tonight in adoption of the budget.
We’re going to adopt them one at a time and the Commission has received revised versions of
Items 1, 3, 7 and 15. These are correcting clerical or technical changes which do not impact the
original intent of those individual documents.
Mayor Reardon stated we have distinct parts of our agenda. The first part is the Planning and
Zoning part of the agenda. We follow a fairly formal process that’s outlined much in statutory
and case law by the state. It does provide for distinct public comment on items that are
separately considered. On the second part, which is the Non-Planning and Zoning Agenda, we
have one item. We have Item No. 10, which are the 2009 budget actions. For clarification on
that part of the agenda, since we held the public hearing called for by state law, those items will
be Commission business and we won’t have further public comment because we’ve just had the
public hearing at 5:00 and that part of the process is complete for this evening.
CONSENT AGENDA
Tom G. Roberts, Unified Government Clerk, asked if any members of the Commission
wished to disclose any contacts with proponents or opponents. There were none.
Mayor Reardon asked if there were any set-asides on the Consent Agenda. There were none.
Commissioner Kane made a motion, seconded by Commissioner Pettey, to approve the
Consent Agenda. Roll call was taken and there were nine “Ayes,” Kane, Pettey, Cooley,
Ellison, Holland, Barnes, Miller, Murguia, Mitchell.
PLANNING & ZONING CONSENT AGENDA
CHANGE OF ZONE APPLICATIONS
ITEM NO. 1 – 080108…CHANGE OF ZONE PETITION #2951 – JAMES
SUTHERLAND
SYNOPSIS: Change of Zone from M-2 General Industrial District to M-3 Heavy Industrial
District for a tow lot at 940 Cheyenne Avenue. The applicant proposes car and light truck sales
and service, and outside display and storage of towed vehicles. The applicant proposes to repair
asphalt paving, add curbing and new driveway approaches and to provide the ordinance required
15’ buffer area adjacent to residentially zoned areas on the west and north. There is an existing
2,500 square foot building on the property. The northern two lots were rezoned to MP-2 Planned
General Industrial District in 1991. Plans were submitted to add to the building in 1994, but the
project did not go forward. Apparently, the two lots were fenced and became part of the site at
some point although the approved plan was never implemented. The Planning Commission
July 31, 2008
voted 7 to 0 to reverse its previous decision and recommends that this Change of Zone
Application #2951 be approved, subject to all of the following stipulations being complied with
to staff’s satisfaction:
1) The approval should be to MP-3 Planned Heavy Industrial District.
2) The buffer area along the north should be in place prior to the publication of any rezoning
ordinance, and no tow lot license should be approved until all the proposed site
improvements are in place.
3) The fence on the north should be an attractive 8’ wood screening fence or an alternative
approved by staff and not the existing chain link with plastic slats.
4) The accessible parking space needs to be van accessible and should be closer to the door.
5) Although the strip of land along the west side of this property remains zoned R-2(B), it is not
remotely viable as a residential site. The buffer area should not be required other than the
fence.
6) The applicant intends to modify the attached site plan to eliminate both driveways on the east
property line and to fence the lot from the northern building wall to the north save the
landscape buffer. This would be acceptable.
7) No backing up with truck with back-up alarms between 10:00 p.m. to 7:00 a.m.
Action:
Commissioner Kane made a motion, seconded by Commissioner Pettey, to
approve Change of Zone Application #2951, subject to the stipulations. Roll
call was taken and there were nine “Ayes,” Kane, Pettey, Cooley, Ellison,
Holland, Barnes, Miller, Murguia, Mitchell.
SPECIAL USE PERMIT APPLICATIONS
ITEM NO. 1. - 081043…SPEICAL USE PERMIT #SP-2008-27 – BRAD BRUCE
SYNOPSIS: Special Use Permit for a t-shirt printing business as a home occupation at 3145
West 43rd Avenue. This matter was held over from the May 12, 2008 meeting as the applicant
did not appear. The applicant also did not appear at the June 9, 2008 meeting. Brad Bruce is
requesting approval of a silk screen t-shirt business as a home Occupation. The Planning
Commission voted 7 to 0 to reverse its previous decision and recommends that Special Use
Permit #SP-2008-27 be approved, subject to:
July 31, 2008
1. The approval period is for a two (2) year period.
2. No warehousing of materials is allowed on the property.
3. Only water based inks will be allowed.
4. Hours of operations: 8:00 a.m. to 5:00 p.m., daily.
5. Only a post office box address can be used for any type of advertising.
6. No sign on the property.
7. No sales are allowed on the property.
Action:
Commissioner Kane made a motion, seconded by Commissioner Pettey, to
approve Special Use Permit #2008-27, subject to the stipulations. Roll call
was taken and there were nine “Ayes,” Kane, Pettey, Cooley, Ellison, Holland,
Barnes, Miller, Murguia, Mitchell.
ITEM NO. 2 – 980286…SPECIAL USE PERMIT #SP-2008-32 – SMC REAL ESTATE
LLC
SYNOPSIS: Renewal of a Special Use Permit for the continuation of an electronic message
center sign for Peterbilt Truck and Utility Trailer at 8915 Woodend Avenue. The sign in
question, at 60’ in height and 994 square feet in area, is the largest commercial sign in the city
outside of the Village West Tourism District.
It was originally approved as part of a
development deal, including the approval of a TIF district, which relocated Kansas City Peterbilt
from the site of the present EPA laboratory building on North 3rd Street. As part of the deal, an
ordinance amendment was passed allowing electronic message centers in districts C-2 through
M-3 through the approval of a special use permit. A special use permit (SP-1998-37) was
subsequently approved by the Board of Commissioners on October 29, 1998, subject to:
A) If the Board of Commissioners determine at any time that the sign compromises traffic safety
and provides formal notice to the owner, then the sign copy can be changed no more than twice a
day. If the owner wishes to appeal this decision, then the procedure set out under Section 271255(b) shall be followed.
B) Ten (10) year special use permit.
Variances for sign height and sign area were approved by the Board of Zoning Appeals on
November 2, 1998. The sign permit was subsequently issued on December 2, 1998. As the ten
July 31, 2008
(10) year expiration date is approaching, the property owner wishes to renew the special use
permit. It should be noted that if the current ordinance amendment now under consideration
allowing electronic message centers is approved, it would not affect the sign in question, as the
electronic message portion of the sign exceeds the allowable 20% of overall sign area, and the
sign in question may flash, scroll or otherwise change more often than the every 8 seconds
allowed under the revised ordinance. The Planning Commission voted 7 to 0 to recommend
approval of Special Use Permit #SP-2008-32, subject to:
Urban Planning and Land Use Comments:
Staff would recommend approval, subject to the same limitations as the 1998 approval:
A) If the Board of Commissioners determine at any time that the sign compromises traffic
safety and provides formal notice to the owner, then the sign copy can be changed no
more than twice a day. If the owner wishes to appeal this decision, then the procedure set
out under Section 27-1255(b) shall be followed.
B) Ten (10) year special use permit.
Public Works comments:
No comments.
Action:
Commissioner Kane made a motion, seconded by Commissioner Pettey, to
approve Special Use Permit #2008-32, subject to the stipulations. Roll call
was taken and there were nine “Ayes,” Kane, Pettey, Cooley, Ellison, Holland,
Barnes, Miller, Murguia, Mitchell.
VACATION APPLICATION
ITEM NO. 1 – 040135…VACATION APPLICATION #S-2008-2 – UNIVERSITY OF
KANSAS MEDICAL CENTER
SYNOPSIS: Vacation of a street at 1901 West 39th Avenue. H. Edward Phillips with the
University Of Kansas Medical Center is requesting to vacate the remaining unvacated 170’ of
Cambridge Street north of Olathe Boulevard. The vacation will occur around the 4000 Block of
Cambridge. The Planning Commission voted 7 to 0 to recommend approval of Street Vacation
Application #S-2008-2, subject to:
July 31, 2008
Urban Planning and Land Use Comments:
1.
A general utility easement must be retained over the area to be vacated.
2.
Since the time of the draft staff report, staff has became aware of some unsightly additions
that have been made to the campus. These additions are located on State Line road between
Olathe and 39th Avenue. By the parking ramp, an area that was once grass has been covered
with gravel and fenced off with a temporary fence.
From researching archived aerial
photos, staff believes that the work was done between 2001 and 2004.
Temporary construction at KU Med is not an issue that we are typically concerned with.
But in this situation, the problem is on the outside edge of the site and has been “temporary”
for several years. It has also blocked the public sidewalk, and gravel from this site has
blocked storm sewer inlets during heavy rains.
This issue does not have any direct impact on this application. But, since KU is a state
institution and is exempt from some of the permits typically issued by the city, it may be a
long time before we can address this issue again. Staff recommends that the applicant
remove the temporary fencing, replant the grass and street trees along State Line, and, if
necessary, pave the area south of the parking ramp for extra parking.
Action:
Commissioner Kane made a motion, seconded by Commissioner Pettey, to
approve Vacation Application #S-2008-2, subject to the stipulations. Roll call
was taken and there were nine “Ayes,” Kane, Pettey, Cooley, Ellison, Holland,
Barnes, Miller, Murguia, Mitchell.
MISCELLANEOUS
ITEM NO. 1 – 070579...ORDINANCE
SYNOPSIS: An ordinance rezoning property at 8319 State Avenue (#2936) from CP-1
Planned Limited Business District to CP-2 Planned General Business District.
Action:
ORDINANCE NO. O-52-08, “An ordinance rezoning property hereinafter
described, located at approximately 8319 State Avenue in Kansas City, Kansas,
July 31, 2008
by changing the same from its present zoning of CP-1 Planned Limited Business
District to CP-2 Planned General Business District.” Commissioner Kane made
a motion, seconded by Commissioner Pettey, to approve the ordinance. Roll
call was taken and there were nine “Ayes,” Kane, Pettey, Cooley, Ellison,
Holland, Barnes, Miller, Murguia, Mitchell.
ITEM NO. 2 – 080666...ORDINANCE
SYNOPSIS: An ordinance rezoning property at 2929 North 103rd Terrace (#2944) from CP-O
Planned Non-Retail Business District to CP-1 Planned Limited Business District.
Action:
ORDINANCE NO. O-53-08, “An ordinance rezoning property hereinafter
described, located at approximately 2929 North 103rd Terrace in Kansas City,
Kansas, by changing the same from its present zoning of CP-O Planned Nonretail
Business District to CP-1 Planned Limited Business District.”
Commissioner
Kane made a motion, seconded by Commissioner Pettey, to approve the
ordinance.
Roll call was taken and there were nine “Ayes,” Kane, Pettey,
Cooley, Ellison, Holland, Barnes, Miller, Murguia, Mitchell.
ITEM NO. 3 – 080108...ORDINANCE
SYNOPSIS: An ordinance rezoning property at 3729 North 67th Street (#2953) from R-1
Single Family District to A-G Agriculture District.
Action:
ORDINANCE NO. O-51-08, “An ordinance rezoning property hereinafter
described, located at approximately 3729 North 67th Street in Kansas City,
Kansas, by changing the same from its present zoning of R-1 Single Family
District to A-G Agriculture District.”
Commissioner Kane made a motion,
seconded by Commissioner Pettey, to approve the ordinance. Roll call was
taken and there were nine “Ayes,” Kane, Pettey, Cooley, Ellison, Holland,
Barnes, Miller, Murguia, Mitchell.
July 31, 2008
PLANNING & ZONING NON-CONSENT AGENDA
No items of business.
PLANNING & ZONING CONSENT AGENDA
ITEM NO. 1 – 050035...PLAT
SYNOPSIS: Plat of Swanson’s Farm 1st - replat, located at 3300 block of 109th Street and
being developed by Tom Woods Construction, Inc., submitted by L. Allen Greenwood, Surveyor
and Fred Backus, Engineer.
Action:
Commissioner Kane made a motion, seconded by Commissioner Petty, to
approve and authorize the Mayor to sign said plat. Roll call was taken and
there were nine “Ayes,” Kane, Pettey, Cooley, Ellison, Holland, Barnes, Miller,
Murguia, Mitchell.
2009 BUDGET ACTIONS:
ITEM NO. 1 – 080195…CHARTER ORDINANCE
Synopsis: Adopt a charter ordinance raising the transient guest tax from 6% to 8% within the
City of Kansas City, Kansas; readopting the provisions of Charter Ordinance No. 93 and Charter
Ordinance No. CO-2-02 relating to the levy of a transient guest tax.
Hal Walker, Chief Counsel, stated this is a charter ordinance which is required under state law
to exempt the Unified Government and provide substitute provisions raising the transient guest
tax from 6% to 8% within Kansas City, Kansas.
This serves to amend previous charter
ordinances that related to the same subject, but now need to be amended once again to reflect the
decision of the commission to propose the 8%.
Dennis Hays, County Administrator, stated we have received a letter from the Convention and
Visitors Bureau in support of this increase and acknowledging they believe this would be helpful
and useful in furthering the tourism here in Wyandotte County.
July 31, 2008
Action:
CHARTER ORDINANCE NO. CO-03-08, “A charter ordinance exempting the
Unified Government of Wyandotte County/Kansas City, Kansas, from the
provisions of K.S.A. 12-1697(a) relating to the levy of a transient guest tax, to the
maximum rate thereof, and to the purposes for which such transient guest tax
monies may be spent; exempting the Unified Government from the provisions of
K.S.A. 12-16,101, relating to the establishment of a convention and tourism
committee, its composition, the appointment of members, the length of members’
terms, and the authority to contract; providing substitute and additional provisions
on the same subjects; and repealing Charter Ordinance No. 93 and Charter
Ordinance No. CO-2-02 of the Unified Government of Wyandotte County/Kansas
City, Kansas.”
Commissioner Pettey made a motion, seconded by
Commissioner Kane, to approve the charter ordinance. Roll call was taken
and there were nine “Ayes,” Kane, Pettey, Cooley, Ellison, Holland, Barnes,
Miller, Murguia, Mitchell.
ITEM NO. 2 – 080196… ORDINANCE
Synopsis: Adopt an ordinance concerning penalties for violating the maximum speed limit in a
school zone, parking reserved for persons with disability, and amending the Traffic Code section
concerning wearing seat belts.
Mr. Walker stated this occurs on an annual basis that we adopt ordinances that reflect changes
in the Uniform Traffic Law adopted by the State of Kansas and the penalties that are provided
for that. This does result in higher penalties and the cost should be more for violations of these
ordinances.
Action:
ORDINANCE NO. O-54-08, “An ordinance relating to the penalty for violation
of the maximum speed limit in a school zone; relating to the penalty for violating
the ordinance prohibiting parking reserved for the use of persons with a disability;
and relating to the wearing of seat belts; amending Section 35-51 by adding a new
subsection (c), Section 35-457(e)(2), and Section 35-602 of the 1988 Code of
Ordinances of the City of Kansas City, Kansas, and repealing original Sections
July 31, 2008
35-457(e)(2) and 35-602.” Commissioner Ellison made a motion, seconded by
Commissioner Kane, to approve the ordinance. Roll call was taken and there
were nine “Ayes,” Kane, Pettey, Cooley, Ellison, Holland, Barnes, Miller,
Murguia, Mitchell.
ITEM NO. 3 – 080197… ORDINANCE
Synopsis:
Adopt an ordinance authorizing the use of excess monies in the Solid Waste
Environmental fund to be used for payment of or reduction in the cost of implementing the
curbside recycling program for residential solid waste collections, cost of cleanup of trash and
debris from illegal dumping of solid waste, storms natural disasters, disposal of tires; and the
cost of hazard waste cleanup operations, disposal and removal.
Mr. Walker stated a number of years ago the City of Kansas City, Kansas created a solid waste
environmental fund and the intent was to accumulate a portion of the amount paid each month
for various trash related services to a fund that in the event of an environmental contamination.
The Unified Government was considered to have a part of that liability for the primary landfill
that we utilize and there would be a fund in place. Under the provisions of the trust agreement,
monies that are deemed not necessary for the use of cleanup of the landfill may be reallocated by
ordinance to other purposes related to environmental matters. The fund has accumulated a
balance that is not entirely necessary to secure what we’ve deemed as the potential liability if
any. That is a speculative matter that this landfill might create at one time in the future. Based
on that determination that has been made, there’s a reallocation of funds to other environmental
programs such as the implementation of curbside recycling, the cost of cleanup of trash due to
illegal dumping, storms, and natural disasters. Some of this has been brought about because of
the unforeseen closure of the Forest View Landfill off of Kaw Dr. that had been anticipated to
have a life of at least five more years. We now have to pay additional cost when we have a bad
storm and we come and pick up your debris. We have to take it to another landfill which charges
us by the ton. This ordinance is to cleanup additional environmental matters and reallocate those
funds.
July 31, 2008
Commissioner Barnes asked what is the amount of money in this fund? Mr. Walker stated I
will have to refer to the Budget Director for those numbers. Commissioner Barnes asked are
those funds strictly for the use of cleaning up Forest View? Mr. Walker stated no. The
cleaning up or closure of Forest View is paid for by the company that operates that. That’s a
requirement under both state and federal law. This is additional cost that we anticipate having
partially as a result of Forest View closing, but also to take care of illegal dumping and cleanup
of storm and flood debris. The only restriction on the reallocation is that it go for environmental
related purposes and those are the costs that have been identified. Commissioner Barnes asked
would the issues with Garland Park qualify for accessing these funds? Hal Walker stated yes.
Commissioner Barnes stated at a later date, I would like some education on this funding source.
Lisa Kearney, Budget Director, stated the Environmental Trust Fund has a balance of $4.8
million in the 2008 amended and $4.8 in the 2009 projected fund balance and the expenditures
for this year is $1.5 million and $640,000 for 2009.
Action:
ORDINANCE NO. O-55-08, “An ordinance relating to the Kansas City, Kansas
Solid Waste Environmental Fund and authorizing the use of monies from such
fund for specified purposes.” Commissioner Kane made a motion, seconded
by Commissioner Ellison, to approve the ordinance. Roll call was taken and
there were nine “Ayes,” Kane, Pettey, Cooley, Ellison, Holland, Barnes, Miller,
Murguia, Mitchell.
ITEM NO. 4 – 080198…CHARTER ORDINANCE
Synopsis: Adopt a charter ordinance exempting the Unified Government from the state Water
Pollution Control Act and providing substitute and additional provisions relating to the
establishment, operation, maintenance, improvement, and regulation of sewer systems, including
storm and surface water drainage systems and flood protection works, sanitary sewers, and to the
issuance of bonds.
Mr. Walker stated we have a charter ordinance that exempts the Unified Government from the
state Water Pollution Control Act and provides substitute provisions and additional provisions
relating to the establishment, operation, maintenance, improvement, and regulation of sewer
July 31, 2008
systems, including storm and surface water drainage systems and flood protection works,
sanitary sewers, and to the issuance of bonds if those corrections need to be made and funded in
that manner.
Action:
CHARTER ORDINANCE NO. CO-04-08, “A charter ordinance exempting the
Unified Government of Wyandotte County/Kansas City, Kansas from the
provisions of the Water Pollution Control Act, K.S.A. 12-3101 through K.S.A.
12-3107, and providing substitute and additional provisions relating to the
establishment, operation, maintenance, improvement, and regulation of sewer
systems, including but not limited to storm and surface water drainage systems
and flood protection works, sanitary sewers, and to the issuance of bonds for the
purpose of paying for the property and improvements necessary for all aspects of
the management of such systems.”
Commissioner Pettey made a motion,
seconded by Commissioner Kane, to approve the charter ordinance. Roll call
was taken and there were nine “Ayes,” Kane, Pettey, Cooley, Ellison, Holland,
Barnes, Miller, Murguia, Mitchell.
ITEM NO. 5 – 080201…CHARTER ORDINANCE/CHARTER RESOLUTION
Synopsis: Adopt a charter ordinance and charter resolution clarifying that there shall be a single
Unified Government Park System consisting of former Wyandotte County parks and former City
of Kansas City, Kansas parks and any parks acquired, dedicated, or created after consolidation.
Mr. Walker stated this is a charter ordinance and charter resolution. Because they’re both on
the county side of the Unified Government and the city side creating a Unified Government Park
System, this allows the consolidation of funding from the county and the city side of the
operation. It allows it to be operated more efficiently without having to allocate funds from one
side or the other depending on which grass is being cut or which park is being patrolled or a
variety of things. It makes administration much easier to accomplish the necessary task.
Commissioner Barnes asked where does this idea originate from? Jack Manahan, Chief
Financial Officer, stated the Finance Department and Gary Salva, the Parks Director, has
July 31, 2008
discussed this and sought legal opinion from our Chief Counsel. We’ve actually went back and
looked at the Unified Government charter, which spoke to a Unified Government park system.
We’ve taken parts of the Parks Department, which was in the City General Fund and some things
in the county, and they had a separate Parks Levy and combined them into one fund. Mr. Salva
told us that he has discussed this with the Parks Advisory Board and they are in support of it.
Commissioner Ellison asked have we thought of combining any other departments? We have
Park Patrol, Sheriff Patrol and the KCKPD. I would like to know if we had a Wyandotte County
Law Enforcement Agency, how much money could we save by doing so at some point. We’re
paying three different police agencies. We have the Park Patrol, the Police Department and the
Sheriff’s Department. We could save hundreds of thousands of dollars by combining that and
then a 2% PILOT wouldn’t be an issue.
Commissioner Holland stated I appreciate this ordinance and think it’s a step in the right
direction. I think there are a lot of opportunities particularly with Parks and Recreation and how
we can move it forward. With the Unification, there were a lot of pieces of this that was left
undone. I’d like to see us continue to focus on Parks and Recreation and unifying this fund
allows us some flexibility to be more creative and more successful with our Parks and Recreation
Department.
Action:
CHARTER ORDINANCE NO. CO-05-08, CHARTER RESOLUTION NO.
CR-01-08, “A charter ordinance and charter resolution relating to the
establishment of a Unified Government Park System; exempting the Unified
Government from the provisions of K.S.A. 19-2853, 19-2854, 19-2855, 19-2855a,
19-2856, 19-2857, and 19-2858, relating to the establishment and operation of the
Wyandotte County Board of Park Commissioners; relating to the creation of the
Unified Government Board of Park Commissioners; creating in the general fund
of the Unified Government an account to be known as the Unified Government
Parks and Recreation Account; and repealing Charter Ordinance No. CO-2-98 and
Charter Resolution No. CR-2-98, as amended by Charter Ordinance No. CO-4-01
and Charter Resolution No. CR-1-01, of the Unified Government of Wyandotte
July 31, 2008
County/Kansas City, Kansas; and repealing Wyandotte County Charter
Resolution No. 1-1982.” Commissioner Holland made a motion, seconded by
Commissioner Pettey, to approve the charter ordinance and charter
resolution.
Roll call was taken and there were nine “Ayes,” Kane, Pettey,
Cooley, Ellison, Holland, Barnes, Miller, Murguia, Mitchell.
ITEM NO. 6 – 080194… RESOLUTION
Synopsis:
Adopt a resolution setting the percentage of gross revenues to be set over by the
Board of Public Utilities to the Unified Government to be used for governmental purposes at
9.9% for fiscal year 2009.
Mr. Walker stated this is a resolution that is required under the existing charter ordinance that in
the early 80’s recreated the Board of Public Utilities from an entity operating under state statute
to a entity operating under charter ordinances of the city and now the Unified Government.
Under state law and charter ordinance there is a provision related to setting over to the governing
body a percentage of gross revenues that ranged from 5% to 15%. The local governing body
designates the amount or percentage of gross revenues that are to be established. Under the
charter ordinance there was a requirement that we met and confer, which was accomplished last
Monday. The issue was discussed and points of view exchanged. This resolution will increase
the existing payment in lieu of taxes PILOT from 7.9% to 9.9% on all classes of customers,
which represent a 2% increase across the board.
Action:
Commissioner Holland made a motion, seconded by Commissioner Cooley, to
approve the resolution.
Commissioner Barnes stated it was brought up during the budget session that if the true reason
for us doing this is to get us over a hard place that may last one or two years, I thought the
middle ground would be to at least limit this heartache that we’re about to inflict. So many
people stated how it’s going to hurt citizens of a certain income level. We heard from our
industrial area and I just want them to know that I heard you. I would have felt more confident
here if we could have put a sunset clause here. Without that, I don’t feel very comfortable doing
July 31, 2008
this with no end to this. I know how hard it is for us to revisit these issues. I hope after this
budget is over with, we would be able to further customize this in some way under some type of
revision when we look at some other items on the budget. There are several items on the budget
that I don’t have a total level of comfort with, but I hope through some type of revisionary
method within the next 90 days we could take a look at this and see if we can offer some
revisions to the budget. I know where we are and I commend the Administrator and staff on how
hard they have worked to bring us a budget that we can deal with. I thought the middle ground
would be for us to at least sunset it so after two years we can get some relief from this. I could
halfway live with this if there was a sunset after two years.
Commissioner Ellison stated I want to voice what Commissioner Barnes is feeling also. I think
in the next 90 days after this budget is submitted, the County Administrator and his staff go back
and take a look at some of these areas that we have in our budget and meet with the commission.
We need to talk about some folks getting laid off and that’s tough. I’ve been up at 5:00 am each
morning trying to work through this. I’ve looked at this budget, I’ve gotten some consultation
and there are some departments that we need to take a look at. I don’t think it would hurt our
budget. I would like for the Administrator and his staff to take an inventory of excess that is
within our departments within the next 90 days and serve notice of some changes.
Commissioner Murguia stated I’d like to echo some concerns that Commissioners Barnes and
Ellison have. My constituency in the 3rd District has spoken for me tonight in demonstrating
how much of an impact this will have on the people that live in our neighborhood. I had an
opportunity to speak with some organizations that represent the industrial and commercial end of
this. I haven’t had enough time to come to a conclusion or bring other possible solutions to the
Commission on this issue. A nice compromise on this PILOT would be a sunset where it forces
us to look at this issue again. I don’t think that would harm anything, it would just make sure
that it is on the agenda for us to hear this again and really review how its impacting our people
and businesses.
Commissioner Pettey stated this budget has been very difficult.
We just as all of the
communities around and the families that this government works for, are facing a financial crisis.
July 31, 2008
We have worked through our budget and have come up with a way to lower the city mills by ½
mil and the county budget by one-tenth of a mill. You, the citizens, have spoken loud and clear
that property tax reduction is number one. Yes, we are going to be voting to increase the PILOT,
increasing court cost for code enforcement violators, traffic ticket violators, and tag enforcement.
We have a hard working staff. We repeatedly, as a commission and administrative staff, ask our
staff to go beyond the duty and they do it every day. I would not want to be the one to decide
who’s not going to be hired and who’s going to be fired. This budget allows for no new hires
except in emergency areas like police and fire. It’s easy to say a person is not doing their job,
but sometimes I don’t know what their full job is. I might say a certain name and not know what
that person is doing. I think that’s a very flippant way to go about talking about this budget. We
are continuing to fund 441 firefighters, 529 police officers, 217 employees in the Sherriff’s
department, 60 professionals in the District Attorney’s Office, 25 in Municipal Court and 102 in
the Health Department and all of those provide vital services and a hard working staff in Public
Works. This hasn’t been easy, but we need to move forward because this is the only way that we
can provide that reduction in property tax that everybody says they want.
Commissioner Kane stated this has been the most difficult thing I’ve done since being a
commissioner. I believe staff has worked extremely hard to bring this to us. I still would like to
look at some of the jobs to see if we can consolidate them after there is a vacancy or some sort of
retirement or separation from the Unified Government. We’ve only got so much money to go so
far. I appreciate the work that staff has done and I don’t think I would have wanted to answer
the questions that we were asking.
Action:
Commissioner Murguia made a motion, seconded by Commissioner Ellison, to
amend the previous motion and add a two-year sunset. Roll call was taken and
there were seven “Ayes,” Kane, Cooley, Holland, Barnes, Miller, Murguia,
Mitchell. Commissioners Pettey and Ellison voted no.
Commissioner Holland stated I share the concerns that everyone else has stated and the most
important thing that this commission has been working on is the city has depended on property
tax solely for too long and diversifying our revenue streams is terribly important. 12% of this
July 31, 2008
total PILOT revenue will come from electrical users outside of our community, shared 2/3 by
industry, and a 1/3 by residential. It’s a way of broadening the way we take in resources. I made
the original motion, but I support the sunset and think it’s appropriate that we come back to this
again. I don’t enjoy passing cost on to anyone, but in the way the economy is around the
country, everyone knows many municipalities are doing different things to make ends meet. I
think this is a good way to move forward for the future. I support it and appreciate the
opportunity to move forward.
Action:
RESOLUTION NO. R-75-08, “A resolution relating to the percentage of gross
revenues to be set over by the Board of Public Utilities to the Unified Government
to be used for governmental purposes shall be 9.9 percent for the fiscal year 2009,
and rescinding Resolution No. R-66-01.
Commissioner Holland made a
motion, seconded by Commissioner Cooley, to approve the resolution with a
two-year sunset. Roll call was taken and there were nine “Ayes,” Kane, Pettey,
Cooley, Ellison, Holland, Barnes, Miller, Murguia, Mitchell.
ITEM NO. 7 – 080199… ORDINANCE
Synopsis:
Adopt an ordinance amending Chapter 30 of the code of Ordinances to create a
Storm and Surface Water Utility.
Action:
ORDINANCE NO. O-56-08, “An ordinance relating to a Storm and Surface
Water Utility; creating a new ordinance, Chapter 30, Article VIII. of the 1988
Code of Ordinances City of Kansas City, Kansas.” Commissioner Kane made a
motion, seconded by Commissioner Ellison, to approve the ordinance. Roll
call was taken and there were nine “Ayes,” Kane, Pettey, Cooley, Ellison,
Holland, Barnes, Miller, Murguia, Mitchell.
ITEM NO. 8 – 080200… ORDINANCE
Synopsis: Adopt an ordinance establishing the Storm and Surface Water Utility drainage fee at
$2.00 per month per utility customer effective January 1, 2009.
July 31, 2008
Action:
ORDINANCE NO. O-57-08, “An ordinance establishing the Storm and Surface
Water Utility drainage fee; and providing an effective date.”
Commissioner
Kane made a motion, seconded by Commissioner Ellison, to approve the
ordinance.
Roll call was taken and there were nine “Ayes,” Kane, Pettey,
Cooley, Ellison, Holland, Barnes, Miller, Murguia, Mitchell.
ITEM NO. 9 – 080205… RESOLUTION
Synopsis:
Adopt a resolution per K.S.A. 28-115a with respect to the Register of Deeds
Technology Fund. A portion of the Register of Deeds fees are deposited into the Register of
Deeds Technology Fund. The 2008 Amended/2009 budget assumes the use of $415,980 of 2007
Register of Deeds Technology Funds in excess of $50,000.
Action:
RESOLUTION NO. R-76-08, “A resolution stating that the sum of $415,980,
which has been declared excess by the Register of Deeds for the year 2007, shall
be transferred from the Register of Deeds Technology Fund to the County
General Fund for use by other county offices as permitted by statute; that such
transferred moneys shall be used by other county offices only for equipment or
technological services relating to the land or property records filed or maintained
by the county; and that such transferred moneys shall be used for a portion of the
lease payment on the Orion Land Records Management System, which system
consists of software and implementation costs for county land records.”
Commissioner Miller made a motion, seconded by Commissioner Ellison, to
approve the resolution. Roll call was taken and there were nine “Ayes,” Kane,
Pettey, Cooley, Ellison, Holland, Barnes, Miller, Murguia, Mitchell.
ITEM NO. 10 – 080193… RESOLUTION
Synopsis: Adopt a resolution approving and appropriating the 2008 Amended Budget and 2009
Budget. Emergency Telephone tax to provide funds for the payment of emergency telephone
service (9-1-1) is hereby reestablished at $.75 per month per exchange access line.
July 31, 2008
Action:
RESOLUTION NO. R-77-08, “A resolution approving and appropriating the
2008 Amended Budget and 2009 Budget Emergency Telephone tax to provide
funds for the payment of emergency telephone service (9-1-1) is hereby
reestablished at $.75 per month per exchange access line.” Commissioner Pettey
made a motion, seconded by Commissioner Ellison, to approve the
resolution.
Roll call was taken and there were nine “Ayes,” Kane, Pettey,
Cooley, Ellison, Holland, Barnes, Miller, Murguia, Mitchell.
ITEM NO. 11 – 080190… RESOLUTION
Synopsis: Adopt a resolution as per K.S.A. 79-2925b with respect to property tax revenue for
the 2009 annual budget for Wyandotte County.
Dennis Hays stated I would like to call the Commission’s attention to the yellow sheet that was
considered earlier this evening. It has mill levies established specifically on that sheet with the
adjustments that were made during discussions earlier this week. Any motion that is made, I
would recommend that it be made in accordance with the yellow sheet dated July 31, 2008 that
the commission reviewed earlier
Action:
RESOLUTION NO. R-78-08, “A resolution expressing the property taxation
policy of the Unified Government of Wyandotte County/Kansas City, Kansas
with respect to financing the 2009 annual budget for Wyandotte County.”
Commissioner Holland made a motion, seconded by Commissioner Pettey, to
approve the resolution in accordance to the 2009 Commission Budget
Revisions (yellow sheet). Roll call was taken and there were nine “Ayes,” Kane,
Pettey, Cooley, Ellison, Holland, Barnes, Miller, Murguia, Mitchell.
ITEM NO. 12 – 080191… ORDINANCE
Synopsis: Adopt an ordinance as per K.S.A. 79-2925b with respect to property tax revenue for
the 2009 annual budget for the City of Kansas City, Kansas.
July 31, 2008
Action:
ORDINANCE NO. O-58-08, “A resolution expressing the property taxation
policy of the Unified Government of Wyandotte County/Kansas City, Kansas
with respect to financing the 2009 annual budget for Wyandotte County.”
Commissioner Pettey made a motion, seconded by Commissioner Kane, to
approve the ordinance in accordance to the 2009 Commission Budget
Revisions (yellow sheet). Roll call was taken and there were nine “Ayes,” Kane,
Pettey, Cooley, Ellison, Holland, Barnes, Miller, Murguia, Mitchell.
ITEM NO. 13 – 080192… RESOLUTION
Synopsis:
Adopt a resolution as per K.S.A. 79-2925b, the governing body must adopt a
resolution if revenues from property taxes levied to finance the 2009 Budget exceed the amount
in the 2008 Budget, except for “revenue produced and attributable to the taxation of: new
improvements to real property; increased personal property valuation other than oil and gas
leaseholds and mobiles homes; and property which has changed in use.” The 2009 budgeted
property tax revenues in the City tax levy funds exceed the 2008 budgeted property tax revenues,
as per the formula developed in conjunction with K.S.A. 79-2925b. The total City mill levy
equals 40.455 mills, which is a .230 mill decrease from the 2008 budget.
Action:
RESOLUTION NO. R-79-08, “A resolution expressing the property taxation
policy of the Unified Government of Wyandotte County/Kansas City, Kansas
with respect to financing the 2009 annual budget for the County Library.”
Commissioner Holland made a motion, seconded by Commissioner Pettey, to
approve the resolution. Roll call was taken and there were nine “Ayes,” Kane,
Pettey, Cooley, Ellison, Holland, Barnes, Miller, Murguia, Mitchell.
ITEM NO. 14 – 080202… RESOLUTION
Synopsis:
Adopt a resolution for the 2008/2009 One-Year Consolidated Action Plan, which
includes CDBG, HOME, and ESG HUD funds.
Action:
RESOLUTION NO. R-80-08, “A resolution authorizing the Mayor to sign the
2008-2009 Annual Action Plan which includes work elements related to CDBG,
HOME and ESG HUD funds and the action strategy is consistent with the 2005-
July 31, 2008
2009 Consolidated Plan.” Commissioner Ellison made a motion, seconded by
Commissioner Kane, to approve the resolution.
Commissioner Barnes asked does this include the exhibits? Mr. Hays stated that is through the
City General Fund and would be accomplished in the next item. Commissioner Barnes stated
the exhibit that Mr. Murray presented to us as a part of his presentation the previous night,
exhibit one. Mr. Hays asked commissioner would you clarify for us? Commissioner Barnes
stated the discussion about the HOME funds, and when we questioned about the projects and you
presented an exhibit to us that showed a proposed usage of HOME funds in the coming year.
Mr. Murray, Community Development Director, stated connected to your motion to approve
the CDBG Budget and the Consolidated Plan does not provide action on the exhibit that was
discussed the other night. We indicated that we are studying that for funding. There are a
number of things that are yet to be set in place before those allocations can be made. For
example, the exhibits suggest some funding to CHDO’s show those yet to be certified. There’s
some due diligence that must take place to approve that. This action does not approve the exhibit
that you received the other night.
Roll call was taken and there were eight “Ayes,” Kane, Pettey, Cooley, Ellison, Holland, Miller,
Murguia, Mitchell. Commissioner Barnes voted no.
ITEM NO. 15 – 080189… RESOLUTION
Synopsis:
Adopt a resolution approving and appropriating the 2008 Amended Budget and
the 2009 Budget.
Action:
RESOLUTION NO. R-81-08, “A resolution approving, adopting and
appropriating the budget of the Unified Government for the 2008 Amended
Budget and the 2009 Budget for the year beginning 1/1/09.” Commissioner
Holland made a motion, seconded by Commissioner Ellison, to approve the
resolution in accordance to the 2009 Commission Budget Revisions (yellow
sheet).
July 31, 2008
Mayor Reardon stated this has been a difficult budget and the Commission has worked hard on
it over the last several weeks. I appreciate the discussion and the input from our citizens
including the input tonight. Staff has done a good job of timely responding to our request for
information. In particular this year, we had asked for some pretty detailed information and
defined analyzes and staff provided that in narrow window of time. I particularly want to
acknowledge Lisa Kearney, Lew Levin, Jack and the rest of the staff that worked countless hours
to facilitate the information requests that we had made. I also want to thank those citizens who
attended all or some of our workshops and many of you are here tonight. I also want to
acknowledge Cindy Cash, who provided cookies to the Commission at the Workshop, but it was
a small part of the budget process that some of us look forward to. With a tough economy
bearing down on us as a government, but particularly on families in our communities, I am
pleased that we did not let up on reducing the property tax rate despite what everyone has said is
a tough budget. This was the number one issue in our citizen survey and I believe they are right
on target. I want to thank the Commissioners hard work on this budget.
Roll call was taken and there were nine “Ayes,” Kane, Pettey, Cooley, Ellison, Holland, Barnes,
Miller, Murguia, Mitchell.
MAYOR REARDON
ADJOURNED THE MEETING AT 8:05 P.M.
JULY 31, 2008
__________________________
Tom G. Roberts, CMC
Unified Government Clerk
tdw
July 31, 2008