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Minutes for HB2150 - Committee on Local Government
Short Title
Repealing the zoning and planning authority for cities in the three-mile area extending from the city boundaries.
Minutes Content for Wed, Feb 8, 2023
Revisor Jason Long briefed the committee on the bill (Attachment 1). He explained this would repeal the authority of cities to apply their planning and zoning regulations to the area that is three miles outside of the city boundary.
Representative Ken Corbet, 54th District, testified as a proponent for the bill (Attachment 2). He related that his constituents are asking how can the city have control of what they do on their property when they can not vote for the mayor or anyone on the city council.
Representative Eric Smith, 76th District, testified as a proponent for the bill (Attachment 3). He explained that it is in the interest of the citizens that we serve to recognize their innate rights, not least of which is property ownership. He is in favor of the repeal of the 3-mile zone of authority option given to cities, outside of their annexed and zoned political boundaries, because that is what they should be: boundaries.
Martha Smith, Executive Director, Kansas Manufactured Housing Association, testified as a proponent for the bill (Attachment 4). She explained for landowners within the three mile limit, this can be confusing. They know they are outside the city limits, however some city regulations apply.
Angel Cushing testified as a proponent (Attachment 5). She stated that the city commissioners that she will never be able to cast a vote for because she does not live in the city, will decide land use policy for her farm.
Representative Tim Johnson, 38th District also testified as a proponent (Attachment 6). He explained that this law is the only fair way to halt such improper governance outside the city limits.
Sheri Grogan, President, Rural Leavenworth, Inc., testified as a proponent via Webex (Attachment 7). She stated her concern is with the lack of coordination in developing and maintaining the comprehensive plans and the confusion that arises from inconsistent land use maps.
Questions were directed to those who had testified as proponents to HB2150.
Proponents who provided written-only testimony were:
- Representative Trevor Jacobs, 4th District (Attachment 8).
- Amy Siple (Attachment 9).
- Representative Brett Fairchild(Attachment10).
- Donald Johnson (Attachment 11).
Spencer Duncan, Governmental Affairs Director, League of Kansas Municipalities, testified as an opponent (Attachment 12). He explained that this would be an overhaul of more than 50 years of statutes used by cities and counties to make planning decisions and investments. A change of this magnitude needs significant study before consideration.
Amanda Stanley, City Attorney, City of Topeka, testified as an opponent for the bill (Attachment 13). She explained that the current system allows cities and counties to work together in a collaborative way to plan for future growth.
Allen Dinkel, City Manager of Junction City, also testified as an opponent for the bill (Attachment 14). He stated that as City Manager/Administrator in 4 Kansas communities over the past 34 years, having an area adjacent to the City where planning and zoning regulations were applied, was a good move as the area was protected from having uses that would be detrimental to the City and those who lived there.This zoning protected the health, safety and welfare of all.
Questions were directed to those who testified in opposition of HB2150.
Opponents who provided written-only testimony were:
- Sharon Dickgrafe, City of Wichita (Attachment 15)
- Lucas - Herb Mullin, City Administrator, City of Eureka (Attachment 16)
- Randy Frazer, City Manager, Arkansas City (Attachment 17).
- Michael Koss, Deputy City Attorney, City of Overland Park (Attachment 18)
- Russ Kessler, Mayor, City of Haysville (Attachment 19)
- Craig Owens, City Manager, City of Lawrence (Attachment 20)
- Kim Everly, Court Clerk, City of McLouth (Attachment 21)
- James Thatcher, Mayor, City Clerk (Attachment 22)
- Ron Fehr, City Manager, City of Manhattan(Attachment 23)
- Bradley Pendergast, City Administrator, Scott City (Attachment 24)
- Murray McGee, City Administrator, City of Moundridge (Attachment 25)
- Richard LaMunyon, City of Maize (Attachment 26)
- Kiel Mangus, City Manager, City of Derby (Attachment 27)
Josh Svaty, Gencur Svaty Public Affairs, testified as neutral on the bill (Attachment 28). He stated that growth in the three mile region needs to be planned and coordinated, and that when well-coordinated, it makes for a more reliable, safe and affordable utility for all.
Neutral written-only testimony was provided by:
- Representative Bill Rhiley, 80th District (Attachment 29)
Chairman Bergquist closed the hearing on HB2150.
At a time outside of the hearing, additional written testimony was accepted.
Proponent that provided written-only testimony was:
- Representative Dave Buehler, 40th District (Attachment 30)
Opponents that provided written-only testimony were:
- Mark Lee, Community Development Director, City of Bonner Springs(Attachment 31)
- Jim Benage, Mayor, City of Bel Aire (Attachment 32).
