Fort Scott City Commissioners considered a sales tax ballot question and approved two planning commission cases in their May 20 meeting.

Consideration of Sales Tax Ballot Question

City manager Brad Matkin went over the details of the proposed question. The current half-cent sales tax implemented in 2022 expires next year. It is currently split: 90% to streets and 10% to parks.

The new option to reconfigure the tax distribution would send 80% to streets, 10% to parks and 10% to public safety (police and fire).

The commission discussed an increase to 1 cent, which would pay for the new firetrucks as well as allow for a potential lowering of the mill levy by 2 points.

Commissioner Matthew Wells said the city has a nine year plan in place for projects addressing the majority of the street issues in the city. “So we have a great opportunity before us as citizens to be able to do something to effect a great change in the drivability of our streets.”

He praised the work that Matkin and his teams have done in the past, including the increase in the size of the street department and equipment they have.

Wells pointed out that people visiting Fort Scott will be paying the sales tax, thus helping to repair the streets, as well as pay for park improvements, and vehicles for the fire and police departments, reducing the property tax burden for property owners in the city.

Commissioner Dyllon Olson said he preferred that the ballot question be worded to maintain the half-cent tax with the option to increase another half-cent if the renewal passes. This would be for 10 years.

The commission voted to table the question until they get the information needed from the county clerk’s office to confirm that the question can be asked in that way. A special meeting will be called once the information is acquired to finalize the ballot question.

Status of 118 E. Wall

The owner has not updated the city with any new information.

Repairs would cost at least $265,000.

Mayor Timothy VanHoeke said that the owner should be approached once more, and mentioned grant opportunities that could offset part of the cost of repairs.

Wells said doing the repairs would save the whole frontage.

The motion was passed to table the item until the June 3 meeting, before which time the city will inform the owner and require a response.

Public Hearings

Planning Commission Case No. 1049 – Conditional Use Permit for a Wireless Communication Facility

Curtis Holland, representative for Verizon and property owners Aaron and Mercedes Judy who own the land under discussion, presented to the commission.

Referring to an application to build a 184-foot tower that the city denied last year, Holland said, “We’re trying with this application to sort of reach a compromise with everybody.”

The current application is to move the tower from the location proposed last year to the northwest corner of the Judy property. The property is in the county, but the City of Fort Scott claims extra-territorial zoning jurisdiction.

The new location is 286 feet from the adjoining Merriman property. The Merriman’s protested the original site as being too close to their house. The proposed 50-by-50-foot tower site is set 284 feet back from their property line, but requires a deviation from the set-back code for the north and west property lines.

“From the beginning of this, I’ve meant no ill will to anybody,” said Aaron Judy.  He said that the tower will help the whole community by providing needed cell coverage to the area.

He also said that getting the city’s approval has been a very long process. “I feel like the goal posts have just kept being moved on me.”

Trichelle Michael, Tim Judy, and Steve Anthony all spoke to the commission in favor of the tower, saying it would provide a needed service to the community.

Julie Brown spoke against it, stressing safety concerns, particularly regarding lighting strikes that may cause fires. Amanda Johnson spoke against it as well, saying it’s unsafe. “If this tower goes up, it forces us to move,” she said. She’s also concerned about property values dropping due to proximity to the tower.

Matt Whitt said that those speaking against the cell tower proposal live in the area, while those in favor were asked to come speak in favor but don’t live in the area. He also questioned whether Verizon has proved the existence of the coverage gap or that the proposed tower is the least intrusive option to cover any gap there may be.

Commissioner Tracy Dancer asked about moving the tower to the center of the Judy property, which would move it out of the city’s jurisdiction, as it would be within the set-back code.

Holland said that would not satisfy any of those who spoke up in opposition to the tower, would make the tower more visible, as it would be removed from any tree screening, and could impact the Judy’s ability to develop their property in the future.

Olson said the real question is: “is it the cell tower or the property lines?” And does the city of Ft. Scott need to be sued over a variance.

Holland said he has multiple studies showing no negative impact on the property values of properties adjacent to a cell tower. He also said the tower would have lightning arresters that are grounded to prevent fire danger.

Commissioner Katheryn Salsbury asked about creating a cleared zone around the tower that could stop a fire. Holland said he believed Verizon would be willing to do that.

Olson moved to approve planning commission case number 1049 for the conditional use permit by Verizon Wireless. Dancer seconded. Olson, Salisbury, and Dancer voted yes, Wells abstained, VanHoeke voted no.

Planning Commission Case No. 1050 – Rezone R1 to C3 – 922 E. Wall for the Purpose of a Mechanic Shop

Garrett Knight wants to purchase a lot from the land bank and build a mechanic shop. Addressing concerns about cars being parked on Wall Street, he said the entrance to the shop will be on Little Street and parking will stay on the building site. He also plans to put in a privacy fence. He also asked for a variance to allow the building to be closer to the street than current code.

“It’s not a super-big space, but it’s what’s available and I’m trying to expand,” he said. He also has plans to obtain an adjacent lot in the future.

Andrew Miles, a friend of Knight, said he’s a clean worker, very efficient, and a very nice guy. He will provide a much-needed service to the community.

Olson said he wants to support dreamers and moved to approve the rezoning. Motion carried with Dancer and VanHoeke voting against.