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Commission addresses changes in Fort Scott area zoning regulations
The bulk of Tuesday night's city commission meeting was spent discussing proposed changes to local zoning regulations.
Jim Kaup of Kaup and Shultz Attorneys at Law, LC, was on hand to present the zoning regulation changes to the commissioners. Kaup has been working with the Planning Committee and the Steering Committee to provide the first zoning update since the 1980's.
According to Kaup there are not many major changes, but there are a lot of little steps taken to achieve the goals set out in the 2008 Comprehensive Plan. The changes to the regulations focus the city's attention on growing areas of the city in residential as well as commercial neighborhoods. In his address, Kaup was quick to ensure commissioner's the proposed regulations are not the end of the line, they can be changed at any time.
"Zoning isn't set in stone," Kaup told the commission.
Major changes include the city giving up some of its regulation boundaries in order to focus on growth areas as well as providing more flexibility to the regulations.
For example: a low-density residential area, R-1, originally allows a single family home. With the new regulations, a land owner may file for a special permit and build a duplex without rezoning the property.
Other changes include: The creation of the Public Use zone, which would be used by schools and other public facilities; and the Mixed Use district, which could be used for both residential and commercial purposes.
According to Kaup, current properties will not need to be rezoned if a zone is changed. He said as long as the property is being legally used, it will be classified as "Legal noncompliance." The purpose of this is to protect the owners private-property rights.
Kaup, along with the two committees, said they are pleased with the changes and understand there will be changes made in the future to suit the community as well as possible.
"I believe we've produced something that will benefit the community," Kaup said.
A change order was presented by Bruce Remsberg with Professional Engineering Consultants, P.A. regarding the Wall Street Water Line Project which would cost the city an additional $60,000.
Remsberg told the commission the project was moved along without receiving approval from the Kansas Department of Transportation. He said plans were sent but never received. A response was given after bids were sent and received. KDOT was not satisfied with the way the water line would be placed under the US-69 overpass and required another option, according to Remsberg.
According to commissioner Jim Adams, a similar situation occurred on a project about three years ago. Adams requested the issue be tabled until the next city commission meeting in order to research where the money would come from, as well as researching the previous occurrence.
"This looks to me like a big engineer mistake," Adams said.
Adam's motion to table the discussion was denied and the change order was approved with a 4-1 vote.
City Manager Joe Turner, presented the commission with some issues regarding the funding of the Street and Sidewalk Program.
"Now is the time to get the funding in place" Turner said.
Upon the request of Turner, commissioners passed a declaration of emergency in order to lock in interest rates on the General Obligation Bonds. The commission approved an ordinance designating streets in the program as main traffic way streets in order to comply with state statutes.
In addition, another ordinance was presented to the commission for it's first reading which would make the city exempt from state statues for working on charter (neighborhood) streets.
In other business:
* The commission approved a contribution of $5,000 to Southeast Kansas Mental Health. The decision came after Brown informed the commission the city is not required to provide the full amount and the city's contributions to different organizations may decrease this year.
* A modification order was approved for the removal of a 400-watt mercury-vapor light at 411 E. Wall and the installation of a 250-watt high-pressure sodium light in it's place.
* A payment of $138,826 was approved to Kissick Construction for work completed in the StreetScape Project.
* A contract with Mercy Health Systems of Kansas, Inc. was renewed for the city's providing of dispatch services. The contract states MHSK will pay the City of Fort Scott $2,500 per month for the use of the services.
* A second contract with MHSK was renewed for The Fort Scott Fire Department to act as a substation to Mercy EMS. MHSK will pay the city $1,500 per month with an additional $75 per run if more than six runs are made during the month.
* The commissioners approved the upgrade of the fuel pedestal at the municipal airport. The airport currently operates an M1000 which can no longer be serviced. The upgrade is slated to result in the purchase of an M3000. The cost of the project is $9,495, with the Kansas Department of Transportation matching up to 75 percent. This brings the city's cost to just over $6,000.
* The joint meeting between the Fort Scott City Commission, Bourbon County Commission, Young Professional Leaders and the Bourbon County Economic Development Council, Inc. has been postponed to Feb. 24 at 6 p.m.
The next meeting of the Fort Scott City Commission will be at 6 p.m., Feb. 3 in the Commissioner's Room at City Hall.