Type of Minutes: City Council
Date & Time: 08/23/1993
CITY COUNCIL MEETING
MINUTES OF AUGUST 23, 1993
Mayor Allen called the regular meeting of August 23, 1993, to order at 7:32 p.m. in the Shawnee City Hall Council Chambers. Councilmembers present were Edvalds, Teefey, Goode, Meyers, Breitenstein, and Douglas. Absent were: Councilmembers Zemites and Snell. Others present were: City Manager Montague, City Attorney Rainey, Planning and Economic Development Director Mittag, City Planner Chaffee, Public Works Director Freyermuth, City Engineer Wesselschmidt, Police Chief Hayselden, Fire Chief Hartley, Finance Director Meyer, Parks and Recreation Director Lodge, and City Clerk/Human Resource Director Hodges. Mayor Allen welcomed the public and all stood and recited the Pledge of Allegiance.
Members of the public who spoke were: Scott Perkins, Representative of the Bicycle Action Committee and Johnson County Bicycle Club (Agenda Item 14c); Narider Singh, 7524 Lucille (Agenda Item 14g); Mr. S.Y. Singh, Leawood, Kansas (Agenda Item 14g); and David Boyer, President of ProSoCo (Agenda Item 10).
1. APPROVE MINUTES FOR CITY COUNCIL MEETING OF AUGUST 9, 1993.
2. REVIEW MINUTES OF THE PLANNING COMMISSION MEETING OF AUGUST 2, 1993.
3. REVIEW MINUTES OF THE PARKS AND RECREATION ADVISORY BOARD MEETING OF JUNE 30, 1993.
4. REVIEW MINUTES OF THE PUBLIC WORKS AND SAFETY COMMITTEE MEETING OF AUGUST 17, 1993.
Councilmember Teefey had a correction to agenda item 3 of the August 17, 1993, Public Works and Safety Committee minutes. He stated the first sentence of the third paragraph on page 12 currently reads: "Councilmember Teefey asked if it would be possible to increase the load, so that all lines would be buried at some point in time." He stated this sentence should be corrected to read: "Councilmember Teefey asked if it could be possible to increase the ordinance, so that all lines would be buried at some point in time."
Councilmember Goode, seconded by Councilmember Teefey, moved to approve the entire Consent Agenda as amended. The motion carried 6-0.
There were no Mayor's Items.
BUSINESS FROM THE FLOOR
There was no business from the floor.
Mayor Allen stated that item 14c would be discussed next.
14. CONSIDER THE FOLLOWING ITEMS FROM THE PUBLIC WORKS AND SAFETY COMMITTEE MEETING OF AUGUST 17, 1993.
c) Designation of 83rd Street as a Bike Path, with "Share the Road" signs installed.
Councilmember Breitenstein, seconded by Councilmember Douglas, moved to table the designation of 83rd Street as a Bike Path to the next Council meeting, noting that Councilmember Zemites was not present and had some input on this issue.
SCOTT PERKINS, Representative of the Bicycle Action Committee and Johnson County Bicycle Club, stated that further delay of this issue would not further impact the safety of that route.
Councilmember Breitenstein suggested making these two separate issues, and tabling discussion of the designation of 83rd Street as a Bike Path until the next City Council meeting.
Councilmember Breitenstein withdrew her motion and Councilmember Douglas withdrew her second.
Councilmember Breitenstein, seconded by Councilmember Douglas, moved to approve the installation of "Share the Road" signs on 83rd Street, east and west of K-7 Highway. The motion carried 6-0.
g) Variance from the Peripheral Street Fund for the Midwest Sikh Temple.
Councilmember Breitenstein stated that the Midwest Sikh Temple had requested a waiver of the entire the Peripheral Street Fund fee and the committee recommended that the Council reduce the Peripheral Street Fund fee from $15,111.02 to $9,400.
Councilmember Breitenstein, seconded by Councilmember Goode, moved to reduce the Peripheral Street Fund fee for the Midwest Sikh Temple, 6834 Pflumm Road, from $15,111.02 (consisting of $1,897.20 for 67th Street, $3,794.40 for 71st Street, and $10,314.00 for Pflumm Road, less $894.58 already paid for Pflumm Road sidewalk) to $9400 ($10,314 for Pflumm Road less $894.58 credit for payment to Pflumm Road sidewalks, and rounded to $9,400).
Mr. NARIDER SINGH, 7524 Lucille, stated that there about 35 Sikh families in the area, noting that it is small community, but a significant one. He said that they have been part of the Shawnee mosaic community for the past several years, participating in the Shawnee Parade and other local activities. Mr. SINGH said that after Sunday services, the families take part in a community lunch, and they planned to expand their Temple to include a kitchen. He said they also plan to build a library and a small house for their new full time priest.
Mr. SINGH said that the Peripheral Street Fund fees are quite substantial and they were not in a position to pay the extra money to this fund. He requested that the Council grant a complete waiver of the Peripheral Street Fund fee.
Councilmember Goode asked how long the expansion to the Temple would take. Mr. SINGH said it would be approximately one year.
Mayor Allen stated there was no question that the temple is a valuable asset to the community, but noted that in fairness to the taxpayers of Shawnee, the Committee recommended reducing the fee.
Mr. S.Y. SINGH, Leawood, Kansas, stated that he is a member of the Temple and noted that schools get funding from taxpayers and government institutions, but churches depend on donations. He invited the Governing Body to their services. He said that their Temple has members from four surrounding states, Nebraska, Iowa, Missouri and Kansas.
Councilmember Edvalds suggested tabling this item indefinitely. Mr. SINGH stated that any consideration given would be greatly appreciated.
Councilmember Teefey asked when they intend to start building. Mr. NARIDER SINGH said they planned to start as soon as possible.
Councilmember Teefey said that it would be difficult for the City to grant a complete waiver because it may set a precedent. He asked City Attorney Rainey if the City could set up an installment payment plan. City Attorney Rainey said the City usually relies on a rezoning request, building permit or certificate of occupancy for enforcement of collection of these types of funds. He said the ordinance would have to be reviewed and changed to reflect installment payments.
Councilmember Teefey suggested tabling this item for 30-days to allow for changing the ordinance to add installment payments for non-profit organizations only.
Councilmember Douglas asked if the Peripheral Street Fund could be placed on the tax roll. City Attorney Rainey said it could not.
Councilmember Goode said he agreed with changing the ordinance to include installment payments, but felt it was not necessary to limit it to non-profit organizations.
Councilmember Edvalds asked if the Temple had considered asking their bank for more funds. Mr. SINGH said that they had not.
Councilmember Meyers stated that he did not agree with the installment payment plan. He said the City has a difficult decision to make in waiving the Peripheral Street Fund fee.
The motion carried 5-1-0, with Councilmembers Edvalds, Teefey, Meyers, Breitenstein, and Douglas voting "aye," and Councilmember Goode voting "nay."
Mayor Allen recognized Boy Scout Troop 185, Shawnee Presbyterian Church.
5. CONSIDER THE FOLLOWING ITEM FROM THE PLANNING COMMISSION MEETING OF AUGUST 2, 1993.
a) Request for special use permit to allow live entertainment in the form of a small band or D.J. on Wednesday through Saturday evenings after 9:00 p.m. at Wyoming's bar and restaurant at 7329 Quivira Road, in the Westbrooke Village Shopping Center.
City Planner Chaffee stated that staff had received one letter in opposition concerning noise, and that person did not appear at the Planning Commission meeting. He said the Planning Commission unanimously recommends approval of SUP-5-93-8 at Wyoming subject to review in one year.
Councilmember Edvalds, seconded by Councilmember Goode, moved to approve special use permit, SUP-5-93-8 for Wyoming's Bar and Restaurant at 7329 Quivira Road. The motion carried 5-0-1, with Councilmembers Goode, Edvalds, Meyers, Breitenstein, and Douglas voting "aye," and Councilmember Teefey abstaining.
6. REVIEW OF SIGN VARIANCE FOR WIDMER WOODS, JOHNSON DRIVE AND WIDMER.
City Planner Chaffee stated Council granted a sign variance for two off-premises signs for Widmer Woods at Johnson Drive and Widmer Road in July of 1992. He said the applicant is requesting a one year extension with signs being removed prior to one year, if all lots are sold.
Councilmember Edvalds, seconded by Councilmember Goode, moved to extend sign variance SV-81-91-7 for Widmer Woods for a period of one year. The motion carried 6-0.
7. CONSIDER SIGN VARIANCE FOR LEAPS AND BOUNDS, 10400 SHAWNEE MISSION PARKWAY.
City Planner Chaffee stated that Leaps and Bounds was requesting a sign variance to allow the placement of the logo portion of their signage on the building as opposed to the sign band provided at the Lee Ward Center. He said the size of the sign is four feet in diameter and the total size of the logo sign and business name is less than 150 sq. ft.
Councilmember Teefey, seconded by Councilmember Meyers, moved to approve the sign variance, SV-153-93-8 for Leaps and Bounds to allow their logo to be placed on the building. The motion carried 6-0.
8. CONSIDER SIGN VARIANCE FOR JUNGLE JIM'S, 11010 W 74TH TERRACE.
City Planner Chaffee stated that Jungle Jim's is requesting a sign variance from the zoning ordinance to increase the signage on the south side of the building from 150 sq ft. to 178 sq. ft., which is within the 25% increase allowed by code. He said Pizza Hut restaurant will be located within the building, and their logo will be placed beside the Jungle Jim's sign.
Councilmember Douglas, seconded by Councilmember Edvalds, moved to approve the sign variance, SV-154-93-8 for Jungle Jim's to allow the placement of a Pizza Hut sign beside the Jungle Jim's sign. The motion carried 6-0.
9. CONSIDER SPECIAL EVENT PERMIT FOR ST. JOSEPH EARLY EDUCATION CENTER, OUTDOOR CRAFT FAIR, SATURDAY, SEPTEMBER 18, 1993.
City Planner Chaffee stated that St. Joseph Early Education Center has requested a special event permit for an outdoor craft fair on Saturday, September 18. He said that the location is in the field on the north side of the early education center.
City Planner Chaffee said the date coincides with the annual craft fair held at Old Shawnee Town. He said in the past staff has received complaints regarding people crossing the street at mid-block, creating traffic hazards on Johnson Drive.
City Planner Chaffee stated that St. Joseph has offered to provide financial assistance for a crossing officer.
Councilmember Goode, seconded Councilmember Meyers, moved to approve the special event permit, SE-22-93-8, for St. Joseph Early Education Center for an outdoor craft fair, Saturday, September 18, 1993, subject to the following:
1. The craft fair shall be held on September 18, 1993, from 9:00 a.m. to 5:00 p.m.;
2. Temporary sign permits shall be obtained, if signage is displayed; and
3. St. Joseph's shall pay the overtime cost for one (1) police officer to be stationed on Johnson Drive for pedestrian/traffic safety.
The motion carried 6-0.
Councilmember Teefey asked who figured the compensation for the police officers. City Planner Chaffee said that Police Chief Hayselden did the computation.
10. CONSIDER APPLICATION FROM PROSOCO FOR AD VALOREM TAX ABATEMENTS AND INDUSTRIAL REVENUE BONDS.
Planning and Economic Development Director Mittag stated that the facility will be 85,000 sq. ft. located on 20 acres at approximately 78th and K-7 Highway. He said there are currently 59 jobs and about 13 jobs will be added in the first two years.
Planning and Economic Development Director Mittag said the value of the project is $3,850,000 with an assessed value of $962,500, noting that currently the property taxes are $133 of which the City gets $30. He said if the project goes forward, the taxes on the assessed valuation would be about $103,000 and with a 50% abatement, the City would receive about $11,795 in years 1 to 10 and $23,590 starting in year 11 after the abatement expired.
Planning and Economic Development Director Mittag said ProSoCo is headquartered in Kansas City, Kansas with facilities in New Jersey and Georgia, and all three facilities would be relocating in the City of Shawnee. He said ProSoCo is requesting the Council's support for issuance of Industrial Revenue Bonds and partial tax abatement.
Councilmember Goode stated that this is a perfect opportunity for Shawnee to make progress and noted that he would support this project.
Councilmember Edvalds, seconded by Councilmember Meyers, moved to set a public hearing for September 27, 1993.
Councilmember Douglas asked for a breakdown of current jobs. DAVID BOYER, President of ProSoCo, stated that 59 positions would be moved to the Shawnee site, with 23 from Kansas City, Kansas, and the others from north of the river.
Councilmember Goode asked if there were plans for expansion in the future. Mr. BOYER said they purchased 20 acres with plans to expand.
Councilmember Breitenstein asked if there was an estimation on the personal property taxes that would be generated. Planning and Economic Development Director Mittag said he would have that information at the public hearing.
Mayor Allen stated that the 50% tax abatement was consistent with the City's policy on industries relocating to Shawnee, and felt it was fair to the community as well as industries willing to move into Shawnee.
11. CONSIDER AGREEMENT BETWEEN THE CITY OF SHAWNEE, MERRIAM AND KDOT FOR THE IMPROVEMENT OF SHAWNEE MISSION PARKWAY, HALSEY TO MERRIAM DRIVE.
Public Works Director Freyermuth showed an overview of the project.
Councilmember Edvalds mentioned that he was told that the City could get more funding if the City annexed the road to I-35, because it made contact with an interstate highway. Public Works Director Freyermuth said it was his understanding that there was no additional funding. Mayor Allen suggested that staff look into this.
Councilmember Goode, seconded by Councilmember Breitenstein, moved to approve the agreement between the City of Shawnee, Merriam and KDOT for the improvement of Shawnee Mission Parkway, Halsey to Merriam Drive. The motion carried 6-0.
12. CONSIDER RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AGREEMENT BETWEEN THE CITY OF SHAWNEE, MERRIAM, AND KDOT TO OBTAIN BENEFITS AVAILABLE UNDER THE PROGRAM FOR FEDERAL AID ON HIGHWAY CONSTRUCTION FOR THE IMPROVEMENT OF SHAWNEE MISSION PARKWAY, HALSEY TO MERRIAM DRIVE.
Councilmember Douglas, seconded by Councilmember Goode, moved to approve the resolution authorizing the Mayor to execute an agreement between the City of Shawnee, Merriam and KDOT to obtain benefits available under the program for federal aid on highway construction for the improvement to Shawnee Mission Parkway. The motion carried 6-0. Having passed, the resolution was assigned Resolution No. 934.
13. CONSIDER RESOLUTION TO CERTIFY INTENT TO PROCEED WITH THE IMPROVEMENT FOR SHAWNEE MISSION PARKWAY, HALSEY TO MERRIAM DRIVE, AND AVAILABILITY OF FUNDING FOR FEDERAL AID ON HIGHWAY CONSTRUCTION.
Councilmember Breitenstein, seconded by Councilmember Goode, moved to approve the resolution to certify an intent to proceed with the improvement for Shawnee Mission Parkway, Halsey to Merriam Drive and availability of funding for federal aid on highway construction.
Councilmember Teefey stated that he wanted to restate his concerns with stopping at Halsey. He said he felt this would create a bottleneck and other safety concerns. He said he would like to see the City look into going with improvements to Quivira Road.
Mayor Allen stated that once the construction costs were in, that hopefully the improvements could be made west to Quivira Road. Public Works Director Freyermuth stated that they had already submitted to KDOT estimates on improvements west to Quivira Road.
Councilmember Breitenstein said she agreed with the improvements west to Quivira Road, and suggested shortening the eastbound lanes in order to get the westbound improvements to Quivira Road.
14. CONSIDER THE FOLLOWING ITEMS FROM THE PUBLIC WORKS AND SAFETY COMMITTEE MEETING OF AUGUST 17, 1993.
a) Change to the Underground Utility Ordinance.
Councilmember Breitenstein said that in order to require feeder or higher electrical lines, trunks or higher telecable lines, and electrical substations to be reviewed by the City Council prior to their installation. She said the Committee recommended that Council accept staff's recommended to add the words "upon review and approval by the Governing Body" at the end of the first sentence of Shawnee Municipal Code 15.64.030b sections 1,2 & 10.
Councilmember Breitenstein, seconded by Councilmember Douglas, moved to direct staff to prepare an ordinance amending the underground utility ordinance to require feeder or higher electrical lines, trunks or higher telecable lines, and electrical substations to be reviewed by the City Council prior to their installation. The motion carried 6-0.
b) Resolution opposing the adoption of unfunded mandates by the United States Congress and Kansas Legislature.
Councilmember Douglas, seconded by Councilmember Meyers, moved to approve the resolution opposing the adoption of unfunded mandates by the United States Congress and Kansas Legislature. The motion carried 6-0. Having passed, the resolution was assigned Resolution No. 936.
Councilmember Douglas mentioned that it was suggested by the League that copies of the resolution be sent to the legislature.
d) Amend Ordinance relating to Municipal Swimming Pool regulations.
Councilmember Breitenstein, seconded by Councilmember Meyers, moved to amend the ordinance relating to Municipal Swimming Pool regulations, reflecting changes in responsibility previously assigned in the ordinance to the City Manager, to the Parks and Recreation Director and reflect the fact that pool membership are currently by both I.D. cards and patches. The motion carried 6-0. Having passed, the ordinance was assigned Ordinance No. 2112
e) Increase Cereal Malt Beverage Fees.
Councilmember Douglas, seconded by Councilmember Meyers, moved to approve the ordinance increasing Cereal Malt Beverage license fees for Cereal Malt Beverages consumed on premises from $100 to $150 per year, and consolidating provisions related to purchase or consumption of alcohol by persons under 21 years of age, and revising penalty provisions to reflect statutory changes.
Councilmember Edvalds stated that he had noticed that the Public Works facility had an excess amount of hubcaps. He said that some of the hubcaps are worth $100 or more and he inquired about them and was told there were thrown away. He suggested selling these. He said he thought there was about $3,000 worth of hub caps. Councilmember Edvalds was told that the funds from the sale hubcaps would into the general fund. He suggested staff look into the sale of the hubcaps.
The motion carried 6-0. Having passed, the ordinance was assigned Ordinance No. 2108.
f) Increase the Alcoholic Liquor Fees.
Councilmember Breitenstein, seconded by Councilmember Douglas, moved to approve the ordinance to increase the license fees for liquor stores from $100 to $175 in 1994 and $250 in 1995, and incorporate additional information currently reflected in the State statutes concerning required distances from schools or churches and closing information. The motion carried 6-0. Having passed, the ordinance was assigned Ordinance No. 2109.
h) Adding Additional Streets to the 1993 Cold Milling Resurfacing Program.
Councilmember Breitenstein, seconded by Councilmember Douglas, moved to approve the contract with McAnany Construction for the 1993 Street Cold Milling/Resurfacing Program to include the following additional seven streets: 1) Nieman Road (74th Street to 75th Street); 2) Caenen Lake Road (65th Street to Shawnee Mission Parkway); 3) 69th Street-Park/Rene (Cottonwood to 71st Street); 4) 69th Terrace (Cottonwood to Park); 5) Widmer (71st Street to 69th Terrace); 6) 71st Terrace (Nieman to Bond); and 7) 55th Terrace (Earnshaw to Monrovia). The motion carried 6-0.
i) Designate a portion of Halsey Street for two parallel parking spaces.
Councilmember Goode, seconded by Councilmember Meyers, moved to approve two (2) parallel parking spaces on the west side of Halsey, on the east side of the building at 12206 Johnson Drive to provide additional parking, with the spaces to be striped for compact cars, with appropriate signage erected, and the cost of the signs and striping be paid for by the applicant. The motion carried 6-0.
15. DESIGNATING ONE VOTING DELEGATE AND ONE ALTERNATE VOTING DELEGATE, FOR THE ANNUAL CONGRESS OF CITIES, DECEMBER 2-5, 1993, ORLANDO, FLORIDA.
Councilmember Edvalds moved to nominate Councilmember Teefey as the voting delegate and Councilmember Snell as the alternate voting delegate. Councilmember Teefey stated that he was not sure he would be attending the conference. Therefore, Councilmember Edvalds withdrew his motion.
Councilmember Douglas moved to nominate Mayor Allen as the voting delegate. Councilmember Breitenstein suggested nominating Councilmember Douglas as the alternate voting delegate. Councilmember Edvalds seconded the motion. The motion carried 6-0.
16. CONSIDER BID FOR SKID LOADER FROM K.C. BOBCAT, INC., IN THE AMOUNT OF $9,670 LESS $2,000 TRADE-IN ALLOWANCE FOR NET PURCHASE OF $7,670.
Councilmember Edvalds, seconded by Councilmember Meyers, moved to approve the bid for a Skid Loader from K.C. Bobcat, Inc., in the amount of $9,670 less $2,000 trade-in allowance for a net amount of $7,670. The motion carried 6-0.
17. CONSIDER APPROVAL OF SEMI-MONTHLY CLAIM FOR AUGUST 23, 1993, IN THE AMOUNT OF $961,384.73.
Councilmember Goode, seconded by Councilmember Breitenstein, moved to approve the semi-monthly claim for August 23, 1993, in the amount to $961,384.73. The motion carried 6-0.
18. MISCELLANEOUS COUNCIL ITEMS.
Councilmember Teefey congratulated Planning and Economic Development Director Mittag on the increase of activity in the western section of Shawnee.
Councilmember Douglas suggested selling hubcaps at the next City sale. Public Works Director Freyermuth stated that the policy was to keep hubcaps until they are claimed. He said he did not realize that the City had that many hubcaps around. City Manager Montague stated that the City had a sale every year and the funds go to the general fund except for police items which goes into the police fund.
Councilmember Edvalds, seconded by Councilmember Douglas, moved for adjournment. The motion carried 6-0, and the meeting adjourned at 8:40 p.m.
Mary Shafer, Recording Secretary
Prepared By: Sonya Fendorf