County OKs scaled-back Overland Park annexation as opponents vow to fight on

Kansas City Star

February 21, 2008

Johnson County officials set Overland Park's southern frontier short of where the city wanted it to be Thursday, but don't think rural residents were happy about it.

'In no sense was this a victory,' said Norman Pishny, a leader of the anti-annexation coalition. 'The fight is still on.'

Pishny and his allies said they plan to take the matter to district court in an effort to preserve their rural lifestyle.

On a 5-1 vote Thursday, county commissioners allowed Overland Park to annex 8.5 square miles, or 56 percent of the 15-square-mile territory the city had requested last year.

Overland Park had wanted to extend its boundaries to about 203rd Street, nearly to the Miami County border. The county drew most of the lines farther north.

In her fifth annexation tussle, Commission Chairwoman Annabeth Surbaugh said the decision never gets easier to make.

'I've got dear friends on both sides of this issue and won't talk to me,' she said.

Commissioner David Lindstrom made the motion to approve the scaled-back annexation.

'Clearly, we cannot please everyone,' he said. 'I heard people say, 'Please tell OP it's too much too soon.' '

But Lindstrom did say the annexed area, which includes professional golfer Tom Watson's 400-acre cattle ranch, is a natural city growth area ripe for development and includes sewers and platted land.

Watson was among those opposing the annexation.

The reaction from Overland Park officials to the commission's action was mixed. Some of those interviewed said they are ready to go forward with annexing the area approved by the county.

'We're just excited they gave us what they did,' Mayor Carl Gerlach said.

Others expressed disappointment at not getting the entire area the city sought.

Allowing the city to annex the entire area would have made planning more consistent, Councilman Fred Spears said. 'It would have avoided the leapfrog development and the kind of sprawl we're starting to see there.'

County officials said areas rejected for annexation were far less developed.

Only Commissioner John Toplikar voted against the smaller annexation. Commissioner Ed Peterson recused himself.

Johnson County's decision moves the issue back to the Overland Park City Council, where it probably will be taken up March 3.

City Manager John Nachbar referred comment to the mayor and other elected officials, who could not be reached Thursday.

Meanwhile, a bill is pending in Topeka that, if passed, would nullify the annexation.

Written by House Majority Leader Ray Merrick, a Stilwell Republican, the bill would require approval from rural residents before a city could annex an area outside its boundaries. All annexations that occur after Feb. 1 would be affected.

Thursday's action followed months of public acrimony over the largest annexation proposal in Overland Park's 47-year history.

All along, Overland Park officials had argued that the city was best equipped to manage growth in rapidly developing areas. But they had a tough time convincing critics they had no intention of destroying their rural way of life, including farming, horse breeding and cattle ranching.

Overland Park approved a number of ordinances to appease residents, such as ensuring land transfers could be made among family members without costly excise taxes.

But critics said there was nothing the city could say that would make a difference.

'This map disheartens me,' said Aubry Township official Darrel Dougan, who would be affected by the annexation. 'I strongly object to any annexation.'

Residents also found fault with the decision-making process.

Jim Orr, their attorney, said commissioners voted on the 49-page resolution before county staff could review final agreements with a rural fire district.

'This is a violation of the law and horrendous policy,' Orr told commissioners.

@Go to KansasCity.com for video from the Johnson County Commission's decision.

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