Stormwater | Johnson County Flood Control

A rapidly growing region uses tax funds to improve its stormwater and flood control systems.

By Richard T. Miller

Johnson County sits on Kansas's northeastern border. Also bordering the western edge of the Kansas City metropolitan area, which includes 11 counties in both Kansas and Missouri, the 477-mi.2 county has 21 incorporated cities and eight unincorporated townships; its current population of 450,000 is expected to grow to 500,000 by the year 2005. This projected increase represents 53% of the total increase for the Kansas City statistical area and 55% of the increase for the entire state. One-third of the Fortune 500 companies have operations in the county. Economic growth projections estimate that 15,000 new jobs will be created in the foreseeable future. Despite these projections, only a third of the county is urbanized, half of it is farmland, and the remainder of it is woodland.

The five major watersheds within the county either feed into Kansas River or flow through Missouri into Missouri River. These watersheds flow mostly southwest to northeast.

The earliest town incorporations transpired just after the turn of the century, but the greatest population growth occurred after World War II. Concentrated residential housing developments were built in the northeastern corner of the county close to employment opportunities in Kansas City, MO, and included such cities as Roeland Park, Prairie Village, Mission Hills, and Leawood.

As these towns grew, both residential and commercial development moved south and west. City and developer planning included all the necessary accommodations for the period, including streets, curbing, and storm and sanitary sewers. In most cases planning was accomplished within the confines of each community, with little consideration of its effect on the adjoining city and the rest of the county. Additionally, there were no comprehensive studies available on the effects of development within a floodplain. As a result, development occurred in areas that would later become compromised by severe flooding.

One of the most severe floods occurred on September 12, 1977, when 16 in. of rain fell on the Kansas City metropolitan area in a 24-hour period, resulting in 25 deaths and $50 million in damages.

In 1988, Kansas legislature authorized its counties to adopt a one-tenth-of-1% sales tax, if they so desired, to fund stormwater projects. As Johnson County continued to grow, it became evident that more funding was needed to control and prevent flooding, and the county commissioners authorized Johnson to implement the tax, making it the first in the state to do so.

To administer this new funding and create management plans to reduce or eliminate stormwater damage, the board of commissioners created the Stormwater Management Advisory Council (SMAC). Interlocal agreements gave each city one voting member on the council. Additionally, regional nonvoting representation was provided by the US Army Corps of Engineers, the Federal Emergency Management Agency (FEMA), and several cities and counties surrounding Johnson County.

Deciding Which Projects to Fund
At the beginning of the program, SMAC supervised the development of a 5-year plan to establish project priorities based on the analysis of flooding factors and an engineer's cost estimate of relief from flooding. This process was intended to provide the most cost-effective resolution for stormwater management problems.

The initial capital improvement plan (CIP) for SMAC was developed in 2000, and project lists have been processed annually since then. Future projects are identified, and city engineers review each for its addition to the list using a benefit rating system based on information submitted, citizen complaints, and a benefit rating form. All submitted projects must meet a minimum of 100 points based on cost-benefit analysis.
According to Kent Lage, stormwater engineer for the Johnson County Public Works Department, "Project prioritization is done by identifying a benefit, not identified exclusively by dollars lost but broadened to include the potential for loss of life, property damage, flooding of streets and inhabited buildings, and loss of utilities through erosion. Each category is assigned points, and each potential project receives points based on how many criteria fall within its boundaries."

For each potential project, the city engineer submits the rating form along with a request to perform a preliminary engineering study. Whether a city opts to develop this study itself or use an engineering consultant to perform it, the study should review all project-cost implications. SMAC will approve a project only when the most cost-effective solution is identified.

The project is submitted to the SMAC director for review. If approved, it is circulated within SMAC and forwarded to the county's board of commissioners for consideration and recommendation.

Once a project is placed on the CIP, it will be considered for future funding based on SMAC's procedures and on the cost estimate generated by the preliminary engineering study.

If a project exceeds its estimated cost, it must be sent back to the SMAC director for further evaluation. It is also grouped with other projects for placement in the future-priority list. Director review of a removed project can be requested by a city as well—as long as factors leading to the increased cost are the result of regulatory-agency requirements or the addition of a new regulation after the completion of the preliminary engineering study.

Buyouts for Flood Control
A preliminary engineering study may determine the need to buy out businesses or residences as the most cost-effective solution to a flooding problem. Especially in the northeastern portion of the county, SMAC supports this process, and according to Lage, "This action has been used regularly ever since a 1998 flood in which several homes were destroyed. We currently have three buyout projects in three cities in the area."

If a property is selected for buyout, a list of approved appraisers is submitted to the affected landowners, who each select two from the list. The most frequently selected appraiser submits a preflood-condition appraisal, and the second appraiser reviews each property. The established dollar figure is then submitted as part of preliminary design documents. The appraisal and relocation expenses can be funded up to $2,000.

If a commercial building buyout is identified as the most cost-effective method for flood control, SMAC considers its removal, covering only the cost of the building and relocation expenses.

Tax Covers Three-Fourths of Project Costs
In its first years the program collected $4.8 million in sales tax annually. Since then, nearly $100 million in stormwater design and construction projects have been or will soon be completed. Of that amount, sales tax covered $75 million worth.

A project must meet a 100-point minimum to determine its potential for flooding. Preliminary engineering studies to identify and quantify costs for those identified projects are ordered by cities within whose boundaries a project lies. Costs are divided by benefit, and that ratio determines project priority.

Observes Lage, "On average, SMAC has between 30 and 35 projects per year that can be reviewed for further processing. Those approved for funding are then reviewed by each corresponding city or township to determine if they want the project to proceed. Cost sharing is split between SMAC and the city on a 75/25 ratio."

All approved projects are funded until the available monies are exhausted. The project list for the year 2004 has 12-13 eligible projects, according to Lage.

Each city may proceed with a project based on its overall infrastructure needs and its ability to meet the 25% funding requirements. Some cities within the Johnson County group, such as Olathe, Lenexa, and Overland Park, have established dedicated funds specifically for stormwater improvements.

Crossing Boundaries
Lage is emphatic that SMAC's mission extends not only beyond city boundaries but also across state lines. SMAC is also working to complete eight watershed studies for the entire county that, when completed, will be submitted to FEMA. Lage asserts that these studies will be more comprehensive than current studies provided by FEMA.

"By remapping the county's floodplains, we will provide better topography, giving us a better handle on land-use conditions. We'll also be able to map anticipated full build-out for the county."

SMAC has also assisted Johnson County cities in conforming to new federal regulations. For example, working in conjunction with the Kansas Department of Health and Environment, SMAC helped many cities meet the March 10, 2003, deadline for Phase II of the National Pollutant Discharge Elimination System program.

With SMAC's assistance, some cities have already instituted stream ordinances to comply with these new requirements. The City of Overland Park has six new Phase II measures in place, including public education, public involvement, prevention of illicit discharge, postconstruction stormwater management, and pollution prevention by municipal operations.

The cooperative effort between SMAC and the cities in Johnson County is not confined to its borders but extends into the Kansas City metropolitan area as well. All of its five major watersheds flow into Missouri in some manner, meaning that its watershed policies affect the citizens of Missouri—which is why they collaborate with the Mid-America Regional Council.

The Mid-America Regional Council, commonly referred to as MARC, serves as the association of city and county governments and the metropolitan planning organization for the bistate Kansas City region. MARC's goal is to enhance the effectiveness of local governments. As a voluntary association, MARC strives to foster better understanding and cooperation on issues that extend beyond the jurisdiction of a single city, county, or state. These issues include transportation, water management, aging, emergency services, and environmental issues.

In 1998, 11 people were killed when flooding occurred in Kansas City on Brush Creek. This was not the first time that loss of life occurred on this stream, but it was pivotal in making public officials aware that regional flooding and stormwater issues had to be addressed. According to Tom Jacobs, manager of environmental programs at MARC, "A regional action-planning process was initiated and brought together planning and public works directors from the largest cities and counties, including Johnson County, in the regions to work together to solve the problem.

"Through a series of four or five forums, an action plan was identified that established a new set of committees at MARC to address different aspects of watershed planning throughout the region. Through these committees, elected officials and policymakers provided broad guidance to where we want to go as a region," Jacobs says. "One of the subcommittees is working on a development-standards task force along with a water-quality education task force. The development-standards committee has been working on rewriting the engineering stormwater standards for the region to include a more proactive vision that addresses water-quality concerns and flood control concerns, working together with the American Public Works [Association]."

During these forums the group, including Johnson County representatives, agreed on three principles:

Stormwater should be viewed as a regional asset.
Protection of the region's natural environment is an important overall goal.
Local communities must change current practices to effectively address stormwater within their jurisdictions and throughout the region.

As a result of the action plan the group established shared goals and pledged to work toward five goals:

Identify and engage local political leaders in the development and implementation of a regional watershed management program for metropolitan Kansas City.
Develop a coordinated regional stormwater management system through consistent performance standards.
Coordinate watershed and land-use planning throughout the metropolitan area at regional and local levels.
Incorporate best management practices into the scope of services for stormwater studies.
Increase public awareness of the need for regional solutions and the concept of best management practices.

Jacobs acknowledges that Johnson County's participation on the regional level allows other communities to coordinate their efforts with the county's programs. The final goal is to promote regional cooperation in addressing stormwater management issues. "By being proactive and planning properly we will be able to meet our future needs. It is hoped that our efforts will prevent us from having to spend millions of dollars on flood hazard reduction because of where we allowed development to occur."

Guest author Richard T. Miller lives in Prairie Village, KS.

SW January/February 2004

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