Type of Minutes: City Council
Date & Time: 12/12/1996
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RESCHEDULED CITY COUNCIL MEETING
(Regularly Scheduled for Monday, December 9, 1996)
MINUTES
THURSDAY, DECEMBER 12, 1996
7:30 P.M.
Mayor Allen called the meeting of December 12, 1996, to order at 7:36 p.m. in the Shawnee City Hall Council Chambers. Councilmembers present were: Councilmembers Truitt, Goode, Meyers, Breitenstein, Severance, Teefey, Snell and Douglas. Others present were: City Manager Montague, Finance Director Meyer, Public Works Director Freyermuth, City Engineer Wesselschmidt, City Clerk/Human Resources Director Hodges, Fire Chief Hartley, Planning Director Chaffee, City Attorney Rainey, and Parks and Recreation Director Lodge. Mayor Allen welcomed the public and all stood and recited the Pledge of Allegiance.
Members of the public who spoke were: Mark Klobassa, 218 Delaware, Kansas City, MO (Item 13), Darrel Clark, 6116 Barton (Item 14), Rebbeca Spring, 6120 Barton (Item 14), Jill McCarthy, Economic Development Manager, Shawnee Area Chamber of Commerce (Items 20 & 21), Tom Lasley, Gordon, Gordon, and Lasley (Item 25b), Pete Heaven, 6021 Earnshaw (Item 25b), Charlotte Hargis, 6925 Ballentine (Items 25b & Misc. Council Items).
CONSENT AGENDA
1. APPROVE MINUTES FROM THE CITY COUNCIL MEETING OF NOVEMBER 25, 1996.
2. REVIEW MINUTES FROM THE PLANNING COMMISSION MEETING OF NOVEMBER 18, 1996.
3. REVIEW MINUTES FROM THE FINANCE AND ADMINISTRATION COMMITTEE MEETING OF DECEMBER 3, 1996.
4. REVIEW MINUTES FROM THE PARKS AND RECREATION ADVISORY BOARD MEETING OF OCTOBER 3, 1996.
5. CONSIDER CHANGE ORDER NO. 2 FOR 49TH TERRACE, NIEMAN ROAD TO BOND STREET, P.N. 3207.
The contract was awarded to Kaw Valley Sand & Gravel, Inc., Kansas City, Kansas, on May 28, 1996, in the amount of $388,832. Change Order No. 1 was approved by Council on September 23, 1996, for a net increase of $5,200. This change order reflects a net increase of $3,598.95, and will provide for the adjusting of two inlets to allow street water near the new school driveways to properly drain and provide an additional manhole. The new contract amount for the project is $397,630.96.
6. CONSIDER CHANGE ORDER NO. 3 FOR 49TH TERRACE, NIEMAN ROAD TO BOND STREET, P.N. 3207.
The contract was awarded to awarded to Kaw Valley Sand & Gravel, Inc., Kansas City, Kansas, on May 28, 1996, in the amount of $388,832. Change Order No. 1 was approved by Council on September 23, 1996, for a net increase of $5,200. This change order reflects a net increase of $14,103.70, and will provide additional concrete for driveways as required by property owners (the property owners have paid the City for the cost). The new contract amount for the project is $411,734.65.
7. CONSIDER CHANGE ORDER NO. 6 FOR CIVIC CENTRE FLOOR REPAIR.
The contract was awarded to Altmar, Inc., Topeka, on July 8, 1996, in the amount of $214,000. Change Order No. 2 was approved by Council on September 23, 1996, for a net increase of $2,479. Change Order No. 3 and 4 were approved by Council on October 14, 1996, for a net increase of $8,471.00. Change Order No. 5 was approved by Council on November 11, 1996, for a net increase of $4,600.80. This change order reflects a net increase of $4,140 to cover $4,000 in accomplished incentives for the substantial completion prior to October 21, 1996, and $140 for additional vinyl base in the hallway. The new contract amount for the project is $248,686.80.
8. CONSIDER CHANGE ORDER NO. 2 (FINAL) 67TH STREET TO 68TH STREET AND FLINT DRAINAGE PROJECT, P.N. 3200.
The contract was awarded to K.C. Construction, Inc., Basehor, Kansas, on April 22, 1996, in the amount of $167,986.50. Change Order No. 1 was approved by Council on August 12, 1996, for a net increase of $474.00. This change order reflects a net increase of $6,894.85. The new contract amount for the project is $175,355.35.
9. CONSIDER ADOPTING AN ORDINANCE ESTABLISHING A BICYCLE ADVOCACY COMMITTEE TO ADVISE THE PARKS AND RECREATION ADVISORY BOARD ON ISSUES RELATED TO BICYCLING AND TO MEET THE QUALIFICATIONS OF BICYCLE FRIENDLY COMMUNITY STATUS.
Having passed, Ordinance 2290 was assigned.
10. CONSIDER APPROVAL OF ALLOCATION OF THE 1997 ALCOHOL TAX FUNDS.
Consider accepting the Drug and Alcoholism Council’s recommendation to allocate the 1997 Alcohol Tax Funds as follows:
Agency Amount
Cypress Recovery $1,567.00
DeSoto School District 1,278.00
Heart of America Family Services 759.00
Johnson County Mental Health Center
Adolescent Center for Treatment 4,554.00
Johnson County Mental Health Center
Adult Detoxification Unit 7,591.00
Johnson County Task Force 76.00
Project Turn-Around 619.00
Safehome 182.00
Salvation Army - Shield of Service 759.00
Shawnee Mission School District 1,786.00
Drug and Alcoholism Council 1,329.00
TOTAL $20,500.00
11. CONSIDER CEREAL MALT BEVERAGE LICENSE RENEWALS FOR THE SALE OF CEREAL MALT BEVERAGES FOR CONSUMPTION ON PREMISES FOR THE FOLLOWING BUSINESSES:
Business Address
Pine & Bamboo Gardens, Inc. 10915 W. 63rd Street
Shawnee Knights of Columbus 11221 Johnson Drive
Ming Yuen Cafe 10815 W. 63rd Street
12. CONSIDER CEREAL MALT BEVERAGE LICENSE RENEWALS FOR THE SALE OF CEREAL MALT BEVERAGES FOR NON-CONSUMPTION ON PREMISES FOR THE FOLLOWING BUSINESSES:
Business Address
Circle K Stores, Inc. 7154 Renner Road
New Wave Convenience Store #7 23200 W. 55th Street
New Wave Convenience Store #5 12941 W. 63rd Street
Councilmember Goode, seconded by Coucilmember Snell, moved to approve the entire consent agenda. The motion carried 8-0.
MAYOR'S ITEMS
There were no Mayor items.
22. CONSIDER CHANGES TO THE ARCADE ORDINANCE REGULATING ARCADES BY AMENDING SECTIONS 5.12.030, 5.12.050, 5.12.080, 5.12.090, AND ADDING SECTION 5.12.110.
Councilmember Teefey stated he would like to make the following changes to the Arcade Ordinance:
Section 5.12.080 License - Revocation or Suspension The Governing Body may, revoke or suspend a license for any of the following reasons: (6) if the licensee permits any persons under the influence of alcohol to remain on the premises; should read (6) if the licensee permits any persons under the influence of alcohol/drugs to remain on the premises.
Section 5.12.090 Rules and Regulations A. The place of business shall be closed between the hours of 11:00 p.m. and 6:00 a.m. should read The place of business shall be closed between the hours of 11:00 p.m. and 8:00 a.m.
Section 5.12.090 Rules and Regulations D. The licensee shall not allow any person under the age of eighteen to be on the premises between the hours of 10:00 p.m. and 6:00 a.m., unless such person is accompanied by a parent or legal guardian should read The licensee shall not allow any person under the age of eighteen to be on the premises between the hours of 10:00 p.m. and 8:00 a.m., unless such person is accompanied by a parent or legal guardian.
Section 5.12.090 Rules and Regulations F. The license shall not allow any person under eighteen years of age to be on the premises before 3:30 p.m. or after 10:00 p.m. Monday through Friday on any school day or after 10:00 p.m. on Sundays should read The license shall not allow any person under eighteen years of age to be on the premises before 3:30 p.m. or after 9:00 p.m. Monday through Friday on any school day or after 9:00 p.m. on Sundays.
City Clerk/Human Resources Director Hodges stated one reason Section 5.12.090 needs to be extended beyond closing is to allow for congregating on the premises beyond closing time and to make sure that the business closes at 11:00 p.m. She said there may be some closing activities that take longer, so you want the people to continue to be off the premises, not just when the doors actually shut, and you don’t want them to be in the parking lot either.
Councilmember Teefey asked if that is why the language 6:00 a.m. is used in the revision.
City Clerk/Human Resources Director Hodges stated yes, to prevent that activity going on in the parking lot.
Councilmember Douglas asked if there was a way to build a code of conduct, that would be acceptable, into this revision or could Council ask the applicant to establish a code of conduct.
City Attorney Rainey stated there could be an expression of a desire to establish a code of conduct by the City but it would not be an enforceable requirement.
Councilmember Douglas stated she would like to request that they consider building a code of conduct and she would volunteer to get the applicant information from some of the schools for a code of conduct that could be posted inside the arcade.
Councilmember Teefey, seconded by Councilmember Snell, moved to adopt an ordinance changing the Arcade Ordinance regulating arcades by amending sections 5.12.030, 5.12.050, 5.12.080, 5.12.090 and adding section 5.12.110. The motion carried 8-0. Having passed, Ordinance 2293 was assigned.
PUBLIC ITEMS
13. CONSIDER RENEWAL OF ARCADE PERMIT FOR GOODTIME CHARLIES.
Mayor Allen stated that Mark Klobassa is requesting renewal of an Arcade permit for GoodTime Charlies, 10923 W 63rd Street.
City Clerk/Human Resources Director Hodges stated that the applicant has submitted an application to renew the Arcade Permit for GoodTime Charlies at 10923 W. 63rd Street. She said that 22 times the Police Department was dispatched to this location in 1996, with the most recent incident occurring last weekend. She noted if approved, GoodTime Charlies would have a valid Arcade Permit through December 1997.
Councilmember Teefey stated since Council just adopted changes in the ordinance, he would like to approve the permit for a period of 90 days and at that time bring it back up for review by Council.
Councilmember Goode asked how many times the City had renewed this permit since 1980.
City Clerk/Human Resources Director Hodges stated the governing body would have considered the application on an annual basis, totaling 16 times from 1980 - 1996. She said an arcade business was operating under another ownership at that same location prior to 1980.
Councilmember Goode asked Councilmember Teefey if there was a reason why he wanted to approve this for 90 days.
Councilmember Teefey stated he would like to see if the changes in the ordinance have any affect on the number of times the Shawnee Police Department responds to calls and have it reviewed in 90 days to see if these changes are making a positive effect.
Councilmember Truitt stated the City has a fine for false alarms because it ties up the Police Department’s time. She said if the Police Department is going to get so many calls over a period of time from GoodTime Charles, there ought to be a way the Police Department can recoup their expenses from having to go to one place over and over again. She said she knows this does not occur inside the premises but it does occur outside the premises and it is endangering Police Officers and the public.
City Clerk/Human Resources Director Hodges stated in the Arcade Ordinance just approved, a penalty section was added, Section 5.12.110 Violations - Penalty, which reads: “In Addition to any administrative action suspending or revoking the amusement license, any person, firm, co-partnership, corporation, association, agent, or other entity violating any of the provisions hereof shall be deemed guilty of a public offense and upon conviction shall be subject to a fine not exceeding $500 or thirty days imprisonment. Each day the violation continues shall be considered a separate offense.”
Councilmember Breitenstein stated she was opposed to the motion because the nature of the police reports is serious enough, and she does not support the existence of that establishment any longer. She said they are looking at possession of narcotics and firearms which is not creating a good environment for the City of Shawnee.
Mayor Allen stated he was in agreement with Councilmember Breitenstein but the business has rights. He said if he could shut the business down he would support it 100% but it is not an option at this time. He noted he is concerned with the number of incidents and severity of the incidents. He said it has been a continual ongoing problem but unfortunately Council is constrained legally on this item.
Councilmember Severance stated it is frustrating when there are 21 incidents, 1 indecent liberties with a child, and furnishing cereal malt beverages to a minor. He said he is confused as to why there is nothing Council can do about this situation and why they even get to vote on it. He indicated the City ought to be sending a message because this is serious stuff and Council needs to take a stand.
City Attorney Rainey stated as a governing body, the City does not have the authority to tell people who can live in Shawnee or have a business in the City or the power to limit conduct. He said Council can only do that if we can show there is a reason for regulation and in those instances we can not prohibit but we can regulate. He indicated part of that regulation is requiring permits and those permits have to be granted or denied based on an objective standard; not because they generate police calls. He said they are entitled to do business and the business can be regulated but not prohibited. He stated the only instance the City can close a business would be under public nuisance laws.
Councilmember Teefey stated the number of violations that the police has had to respond to outside the location is a great concern. He said in the next 90 days, Council can see if there are some positive effects with the new ordinance, resolve some of the issues, and work with the owner to see what can be done to cut down the calls and resolve this situation. He said Council’s options are to approve it, or approve it! He said he would rather address this situation on a short chain, with the idea that Council re-address the problem in 90 days, and continue to keep it on a 90 day review until the City gets the kind of conduct outside the location that we expect anywhere in a shopping center parking lot.
Councilmember Douglas stated a couple of years ago GoodTime Charlies started having a security guard outside and inside the premises. She asked if that is still continuing.
City Clerk/Human Resources Director Hodges stated a number of times the police responded to GoodTime Charlies as a result of the security guard or someone else from GoodTime Charlies calling the police.
MARK KLOBASSA, 218 Delaware, Kansas City, Missouri, stated he had not been informed about the new ordinance just passed. He said they have one guard both inside and outside for the entire center.
Councilmember Douglas asked if a code of conduct would be something he would consider.
MARK KLOBASSA stated they already have a code of conduct that is posted. He said it has to do with dress, foul language, gambling, drug use, and alcohol; all the things that are concerns. He indicated that the 22 police calls made were because his establishment made all the calls. He noted if he is going to be held accountable for police calls, and if he sees a kid in a car with a case of beer, what does Council want him to do, call the Police or send the kids on their way. He stated he sees his establishment as protective for the kids, and noted kids are not going to go away if they are not there. He said you are not going to have kids not drinking beer. He noted that he does not sell beer, drugs, or guns and he sees how he can be held responsible for the conduct of his patrons, but he does not see how he can be held responsible for police calls. He said he feels he is doing his job in responding properly to problems. He indicated if the number of calls is going to take away his business, then he will just send kids on, and if they get in an accident further down the street, it is not his problem. He said if you think about it, if his business was not there, if these kids were not caught with alcohol, firearms, etc., how else would they have gotten caught, after they had shot someone, or gotten into an accident with alcohol?
Mayor Allen stated the concern is the number of incidents and the clientele that frequent GoodTime Charlies. He said the City does not have this trouble with any other business that operates in Shawnee. Mayor Allen indicated he did not feel Mr. Klobassa should pass it off and say the activity is going on outside or that he could ignore it. He stated the Governing Body is concerned with the continual deterioration of the business and the clientele that comes to GoodTime Charlies. He noted that the applicant has a responsibility for that. He said if GoodTime Charlies is not going to call the Police, that is a moral decision. He stated the message the Governing Body is trying to send is that anything that the City can do to legally constrain or restrict the business will be done. He said the problem is the way the business is operated and the people that are attracted to GoodTime Charlies. He indicated that the applicant is responsible for his business and clientele in and outside of that business.
MARK KLOBASSA stated this is frustrating to him because last year when he was seeking renewal for an Arcade Permit, one of the Councilmembers said that he was doing a good job and he has not changed his method of operation since.
Councilmember Teefey, seconded by Coucilmember Goode, moved to renew an Arcade permit for GoodTime Charlies, 10923 W. 63rd Street, from January 1, 1997 to March 31, 1997, with the Arcade permit being reviewed by Council on March 24, 1997. The motion carried 6-2, with Councilmembers Truitt, Goode, Meyers, Teefey, Snell and Douglas voting “aye”, and Councilmembers Breitenstein and Severance voting “nay.”
MARK KLOBASSA requested that the City send him a copy of the changed Arcade Ordinance.
14. CONSIDER PET PERMIT APPLICATION FROM DIANE ZIMMER-SMITH.
Mayor Allen stated that Diane Zimmer-Smith, 6125 King, is requesting approval of a pet permit to keep four (4) dogs: one Chow, one Rottweiler, one Rottweiler/Chow mix, and one mixed Terrier.
City Clerk/Human Resources Director Hodges stated the applicant has submitted a special pet permit application and paid the appropriate fees to keep four dogs: one Chow, one Rottweiler, one Rottweiler/Chow mix, and one mixed Terrier at 6125 King. She said the application submitted to the City Clerks Department in November 1996, listed four dogs, however when Animal Control went out to the address on a violation call there were five dogs at that time. She noted that the applicant then indicated she would get rid of the fifth dog that day. She stated that Animal Control has been to this location on animal related incidents six times since 1991. She said that Animal Control was dispatched to the address that same day on an animal at large violation but the dog had been retrieved by the time Animal Control got to the location. She said the applicant states on the application that the dogs are kept in the basement and in the yard within a six foot privacy fence, however upon inspection, Animal Control noted that although part of the yard is surrounded by privacy fence, another portion of the yard is surrounded by a shorter chain link fence which is where the dogs are getting out and jumping over the fence. She indicated that Animal Control advised the applicant in July that she needed a special pet permit and although she picked up the application at that time, it was not until after she was cited, and went to Court, and as a condition of the Court sentencing that she obtained the special pet permit, that the application was submitted in November 1996. She stated that there were 17 residents located within 200 feet of the property and 7 of those responded they did not want the permit approved. She said the City Clerk’s Department has received several letters that indicated several people are strongly opposed to the special pet permit. She noted that 6 residents indicated that they would agree to having the permit approved and 4 residents did not respond. She said based upon these factors, staff’s recommendation is to deny the permit.
DARREL CLARK, 6116 Barton, stated he lives directly behind the applicant. He said that one of the dogs barks 24 hours a day. He noted that he is directly opposed to this item. He indicated he understands that the applicant claims these dogs are needed for protection. He asked why one person needs four dogs for protection.
REBBECA SPRING, 6120 Barton, stated that her yard backs up to the applicant’s yard and where it meets her yard is the 3 foot chain link fence. She said her family is unable to do any entertaining in their backyard because of the dogs’ barking. She indicated that when they turn on a light in the back room of their home the dogs bark the entire time the light is on. She noted that her daughter is afraid to play in her own backyard because of the four dogs barking. She stated she has lived at this location for three to four years and the applicant has had between two and five dogs the entire time they have lived there.
Councilmember Truitt stated that anytime the dogs are bothering REBBECA SPRING, the City has an ordinance against barking and she should call Animal Control.
REBBECA SPRING stated that the dogs have also gotten loose and have been in her front yard.
Councilmember Truitt stated that the City also has an ordinance for dogs at large.
Councilmember Teefey stated the motion is for denial and that means the applicant can only keep two dogs legally. He said when the dogs are barking or running at large, citizens should make a report regarding the situation.
Councilmember Meyers asked what the time limit would be for the applicant to comply with this motion.
City Clerk/Human Resources Director Hodges stated that staff is recommending that the applicant be given 60 days. She said the applicant can keep two dogs and would have 60 days to get rid of two dogs.
DARREL CLARK asked if the applicant would have to prove that the remaining two dogs are licensed and that the other two dogs have been removed from the location.
Mayor Allen stated that the City would follow up on this situation and he knew that neighbors are concerned.
City Clerk/Human Resources Director Hodges stated that two of the dogs are currently licensed. She said Council changed the Animal Ordinance last year so that the City has to have proof of rabies vaccinations on all animals before a special pet permit can go before the governing body.
Councilmember Teefey, seconded by Coucilmember Douglas, moved to deny a pet permit for Diane Zimmer-Smith, to keep four (4) dogs: one Chow, one Rottweiler, one Rottweiler/Chow mix, and one mixed Terrier listed on the special pet permit application at 6125 King, and that the applicant reduce the number of dogs kept at the residence to (2) two within 60 days. The motion carried 8-0.
15. CONSIDER PET PERMIT APPLICATION FROM EDWARD VILLANUEVA.
Mayor Allen stated that Edward Villanueva, 15503 Midland Drive, is requesting approval of a pet permit to keep three (3) dogs: two American Eskimos and one German Shepherd.
City Clerk/Human Resources Director Hodges stated the applicant has submitted a special pet permit application to keep three (3) dogs at 15503 Midland Drive. She said that the dogs are kept in the house and in the fenced backyard according to the application submitted. She noted that there have been no violations. She stated that Animal Control has inspected the premises and recommends approval of the permit. She said all seven neighbors located within 200 feet consented to the application.
Councilmember Truitt, seconded by Coucilmember Goode, moved to approve a pet permit for Edward Villanueva, to keep three (3) dogs: two American Eskimos and one German Shepherd listed on the special pet permit application at 15503 Midland Drive, with the pet permit expiring December 31, 1997. The motion carried 8-0.
16. CONSIDER RENEWAL OF MASSAGE ESTABLISHMENT PERMIT FOR MOFFETT’S GYM, INC.
Councilmember Meyers, seconded by Coucilmember Snell, moved to renew a massage establishment permit for Moffett’s Gym, 12244 W. 63rd Street, originally granted on April 24, 1995, with the massage establishment permit expiring on December 31, 1997. The motion carried 8-0.
17. CONSIDER RENEWAL OF MASSAGE ESTABLISHMENT PERMIT FOR LIFE AND LIGHT.
Councilmember Truitt, seconded by Coucilmember Goode, moved to renew a massage establishment permit for Life and Light, 10920 Shawnee Mission Parkway, originally granted in July 1993, with the massage establishment permit expiring on December 31, 1997. The motion carried 8-0.
18. CONSIDER RENEWAL OF MASSAGE ESTABLISHMENT PERMIT FOR THE NATURAL HEALING CLINIC.
Councilmember Meyers, seconded by Coucilmember Goode, moved to renew a massage establishment permit for The Natural Healing Clinic, 12510 W. 62nd Terrace, #110, originally granted in June 1993, with the massage establishment permit expiring on December 31, 1997. The motion carried 8-0.
19. CONSIDER RENEWAL OF MASSAGE ESTABLISHMENT PERMIT FOR A NEW CREATION BEAUTY THERAPY.
Councilmember Truitt, seconded by Coucilmember Douglas, moved to renew a massage establishment permit for A New Creation Beauty Therapy, 12678 Shawnee Mission Parkway, originally granted in August 1996, with the massage establishment permit expiring on December 31, 1997. The motion carried 8-0.
20. CONDUCT PUBLIC HEARING TO ADOPT AN ORDINANCE AUTHORIZING THE CITY OF SHAWNEE TO ISSUE FEDERALLY TAXABLE PRIVATE ACTIVITY REVENUE BONDS, SERIES 1996, FOR THE BAYER PROJECT.
Mayor Allen stated that the principal amount is $6,000,000 to pay the cost of financing the acquisition, purchase, construction, installation and equipping of an addition to, and expansion of, a manufacturing facility.
Councilmember Truitt, seconded by Councilmember Goode, moved to conduct a public hearing to consider the adoption of an ordinance authorizing the City to issue federally taxable private activity revenue bonds, Series 1996, for the Bayer project. The motion carried 8-0.
JILL MCCARTHY, Economic Development Manager, Shawnee Area Chamber of Commerce, stated they are pleased to assist Bayer in their 90 million dollar expansion. She said the first phase is the first of three phases. She noted this will be for $6,000,000 on the portion of the construction that will be completed by December 31, 1996. She indicated with a 75% real property tax abatement the additional total taxes collected over the ten years for the State would be $463,260, above and beyond those taxes being paid currently on this site. She noted that the amount of money received from this facility yearly would be $46,326 - years 1-10, and $436,260 - after year 10. She said the City would collect $8,700 - years 1-10, and $34,800 - after year 10, and the Shawnee Mission School District would collect $23,168 - years 1-10, and $92,671 - after year 10. She introduced Rudy Beese, Attorney for Bayer Corporation.
Councilmember Goode, seconded by Councilmember Snell, moved to conclude the public hearing. The motion carried 8-0.
Councilmember Goode, seconded by Councilmember Snell, moved to adopt an ordinance authorizing the City of Shawnee to issue federally taxable private activity revenue bonds, Series 1996, for the Bayer project, the principal amount is $6,000,000. The motion carried 8-0. Having passed, Ordinance 2291 was assigned.
21. CONDUCT PUBLIC HEARING TO ADOPT AN ORDINANCE AUTHORIZING THE CITY OF SHAWNEE TO ISSUE ITS PRIVATE ACTIVITY REVENUE BONDS, SERIES 1996, FOR THE SIMMONS COMPANY PROJECT.
Mayor Allen stated that the principal amount is $5,000,000 to pay the cost of financing the acquisition, purchase, construction, installation and equipping of a manufacturing facility.
Councilmember Goode, seconded by Councilmember Douglas, moved to conduct a public hearing to consider an ordinance authorizing the issuance of private activity revenue bonds, Series 1996, for the Simmons Company project. The motion carried 8-0.
JILL MCCARTHY, Economic Development Manager, Shawnee Area Chamber of Commerce, stated that the Simmons Company is one of those companies that has kicked off the K-7 Hwy. corridor and showcased Shawnee as where you want to live, work and grow. She noted that the K-7 Hwy. area is not only residential, but commercial and industrial as well. She introduced Jim Tobin, Vice President/General Manager of Simmons Company, and Rich Gawlik, Director of Facility & Project Engineering for the Simmons Company. She said with a 75% real property tax abatement the State would abate $1,130,190 over the ten year period. She indicated personal property taxes collected for this location would be $143,517. She stated currently on this piece of property the State is collecting $44.00 annually; with the abatement they will be collecting $28,741.00 per year over the ten year period. She said they have also calculated the impact of the wages based on an average salary of $16,640 for ten hourly workers, $24,960 for 115 hourly workers, $31,200 for two salaried workers, and $41,600 for three salaried workers. She noted that the State of Kansas would generate about $248,267 per year in state income tax on a total payroll annually of over $3,000,000. She stated a total of $1,130,140 in property taxes would be abated and $376,730 collected over the first ten years including an additional $143,517 in personal property taxes. She said over the ten year period Shawnee would be collecting $84,123; after year ten they will be collecting $25,527 annually. She indicated that the DeSoto School District would be collecting over ten years $296,382. She said the current site generates $28.00 per year for the City of Shawnee and $98.00 per year for the DeSoto School District. She stated Shawnee would receive $11,674 - years 1-10, and $24,652 - after year 10, and DeSoto School District would collect $36,104 for - years 1-10, and $76,243 - after year 10.
Mayor Allen acknowledged that the bond counsel was in the audience and he introduced Janet Garms.
Councilmember Goode, seconded by Councilmember Snell, moved to conclude the public hearing. The motion carried 8-0.
Councilmember Truitt, seconded by Councilmember Snell, moved to adopt an ordinance authorizing the City of Shawnee to issue Private Activity Revenue Bonds, Series 1996, for the Simmons Company Project, in the principal amount of $5,000,000. The motion carried 8-0. Having passed, Ordinance 2292 was assigned.
23. CONSIDER THE FOLLOWING ITEMS FROM THE PLANNING COMMISSION MEETING OF NOVEMBER 18, 1996.
a) Consider review of special use permit previously issued to QuikTrip.
Mayor Allen stated that the Planning Commission recommended 7-0-1 that the Council renew SUP-11-87-10, special use permit for QuikTrip to dispense gasoline at 6637 Nieman Road for a period of four (4) years.
Councilmember Meyers, seconded by Councilmember Truitt, moved to renew SUP-11-87-10, special use permit for QuikTrip to dispense gasoline at 6637 Nieman Road for a period of four (4) years, with review at that time. The motion carried 8-0.
b) Consider review of special use permit previously issued to Hermes Landscaping Company.
Mayor Allen stated that the Planning Commission recommended 7-0-1 that the Council renew SUP-11-89-10 to allow accessory retail sales and offices in conjunction with Hermes Landscaping Company, 20000 W. 47th Street, for a period of four (4) years.
Councilmember Snell, seconded by Councilmember Douglas, moved to renew SUP-11-89-10 to allow accessory retail sales and offices in conjunction with Hermes Landscaping Company, 20000 W. 47th Street, for a period of four (4) years, with review at that time. The motion carried 8-0.
c) Consider review of special use permit previously issued to Keys Youth Service.
Mayor Allen stated that the Planning Commission recommended 7-0-1 that the Council renew SUP-14-90-11, to operate a youth group home for eleven (11) persons for Keys Youth Services, 21435 Midland Drive, for a period of four (4) years.
Planning Director Chaffee stated this is the scheduled review of a special use permit issued to Keys Youth Services to operate a youth group home for eleven persons at 21435 Midland Drive. He said staff and public safety officials report no problems with the operations of the facility which may lead to revocation of the special use permit. He noted that the Planning Commission recommends special use permit 14-90-11, be extended for a period of four years, with review at that time.
Councilmember Snell, seconded by Councilmember Breitenstein, moved to renew SUP-14-90-11, to operate a youth group home for eleven (11) persons for Keys Youth Services, 21435 Midland Drive, for a period of four (4) years, with review at that time. The motion carried 8-0.
d) Consider final plat of Woodsonia, 6th Plat.
Mayor Allen stated that the Planning Commission recommended 7-0-1 that the Council approve FP-55-96-11, final plat for Woodsonia, 6th plat, for 46 single family lots at 51st Street and Hilltop Drive.
Councilmember Snell, seconded by Councilmember Goode, moved to approve FP-55-96-11, final plat for Woodsonia, 6th plat, for 46 single family lots at 51st Street and Hilltop Drive, subject to the following conditions:
1. Recording of final plat prior to issuance of any building permits;
2. Payment of the $9,200 open space fee in a lump sum prior to recording of the plat or $200 per lot prior to issuance of building permits;
3. The applicant submit two (2) copies of the amendment to the Homes Association and Deed Restriction documents, along with the necessary recording fee, for recording with the final plat;
4. The proposed streets shall be designed and built to City standards;
5. The applicant will be responsible for removing the temporary turnaround on the north side of 51st Street in Oakmont;
6. Utility junction boxes be placed in side and rear yard areas only;
7. Individual preliminary street and stormwater drainage plans shall be submitted to the City Engineer for approval prior to making the recording copies of the final plat;
8. Individual final sets of street and stormwater drainage plans shall be submitted to the City Engineer for approval prior to construction. All public improvements shall be designed and constructed in accordance with the City's current Manual of Technical Specifications and Design Criteria;
9. Erosion control measures shall be shown on the grading plans and in place prior to commencing any construction;
10. All public utilities shall be fully bonded and constructed prior to the issuance of any building permits. Payment of all appropriate bonds and inspection fees to the Engineering Division and obtain all appropriate work permits, prior to any construction. The developer be responsible for the cost of City installed street signs;
11. All water main and fire hydrant locations shall be approved by the Fire Chief and installed prior to issuance of any building permits; and
12. A computation plat shall be provided showing the coordinates of all points, the bearings and lengths of all lines, and the individual area, in square feet, of all lots, open space tracts, and rights-of-way. Also, shown on this plat shall be the centerline miles of all newly dedicated streets. The computation plat shall be submitted with the recording copies of the final plat.
The motion carried 8-0.
e) Consider withdrawal of special use permit previously issued to Johnson County Substance Abuse Services, Inc.
Mayor Allen stated that the Planning Commission recommended 9-0 that the Council withdraw SUP-7-86-7, special use permit previously issued to Johnson County Substance Abuse Services, Inc., 6221 Richards Drive, as they are no longer in operation.
Councilmember Douglas, seconded by Councilmember Truitt, moved to withdraw SUP-7-86-7, special use permit previously issued to Johnson County Substance Abuse Services, Inc., 6221 Richards Drive. The motion carried 8-0.
24. CONSIDER THE FOLLOWING ITEMS FROM THE PLANNING COMMISSION MEETING OF DECEMBER 2, 1996.
a) Consider final plat of Saddlebrooke, 4th Plat.
Mayor Allen stated that the Planning Commission recommended 8-0 that the Council approve FP-56-96-12, final plat of Saddlebrooke, 4th Plat, for 9 single family lots at 49th Terrace and Alden.
Planning Director Chaffee stated that the applicant requests final plat approval for the 4th Plat of Saddlebrooke located at 49th Terrace and Alden. He said the plat contains 9 single family residential lots on 4.39 acres for a density of 2.05 dwelling units per acre. He noted that all bulk requirements have been satisfied and that lot sizes range from 13,427 to 22,061 square feet. He indicated that the plat will become part of the Saddlebrooke Homes Association. He stated that open space fees in the amount of $1,800 will be collected as building permits are issued. He said in conjunction with the rezoning and preliminary plat, the applicant received a variance to place utility junction boxes in the front yard areas. He noted that stormwater detention requirements are being met through the provision of on-site facilities. He indicated that peripheral street fund requirements have been satisfied by the developer in improving Quivira Drive from the north end of this subdivision to 48th Terrace. He stated that several technical items remain to be completed on the plat prior to recording. He said the Planning Commission recommends acceptance of the dedications found on FP-56-96-12, 4th Plat of Saddlebrooke, subject to the conditions listed in the staff report.
Councilmember Teefey stated he wanted to make sure that staff is stressing and reviewing with all developers, prior to development, the condition: Erosion control measures shall be shown on the grading plans and in place prior to commencing any construction.
Mayor Allen stated that three builders were in Court that day on erosion control. He said that it is being strictly enforced.
Councilmember Truitt stated the City has had problems with not only this subdivision, but with one that is coming up.
Mayor Allen stated that it is obvious that the City’s Codes Division is doing a very good job because the word is out regarding erosion control.
Councilmember Goode, seconded by Councilmember Douglas, moved to approve FP-56-96-12, final plat of Saddlebrooke, 4th Plat, for 9 single family lots at 49th Terrace and Alden, subject to the following conditions:
1. Recording of final plat prior to issuance of any building permits;
2. Payment of the $1,800 open space fee in a lump sum prior to recording of the plat or $200 per lot prior to issuance of building permits;
3. The applicant submit two (2) copies of the amendment to the Homes Association and Deed Restriction documents, along with the necessary recording fee, for recording with the final plat;
4. The proposed streets shall be designed and built to City standards;
5. Utility junction boxes placed in the front yard areas shall be screened with evergreens, as discussed in the staff report;
6. Individual preliminary street, stormwater drainage plans, and a revised overall street lighting plan shall be submitted to the City Engineer for approval prior to making the recording copies of the final plat;
7. Individual final sets of street and stormwater drainage plans shall be submitted to the City Engineer for approval prior to construction. All public improvements shall be designed and constructed in accordance with the City's current Manual of Technical Specifications and Design Criteria;
8. Erosion control measures shall be shown on the grading plans and in place prior to commencing any construction;
9. All public utilities shall be fully bonded and constructed prior to the issuance of any building permits. Payment of all appropriate bonds and inspection fees to the Engineering Division and obtain all appropriate work permits, prior to any construction. The developer be responsible for the cost of City installed street signs;
10. All water main and fire hydrant locations shall be approved by the Fire Chief and installed prior to issuance of any building permits;
11. A computation plat shall be provided showing the coordinates of all points, the bearings and lengths of all lines, and the individual area, in square feet, of all lots, open space tracts, and rights-of-way. Also, shown on this plat shall be the centerline miles of all newly dedicated streets. The computation plat shall be submitted with the recording copies of the final plat;
12. The applicant shall submit a sketch plan showing proposed sanitary and storm sewers to the Engineering Division prior to submittal of revised final plats; and
13. Completion of the technical items outlined in the staff report and filing of two (2) revised copies of the plats with the Planning Department prior to filing of the recording plats.
The motion carried 8-0.
b) Consider final plat of Saddlebrooke Estates.
Mayor Allen stated that the Planning Commission recommended 8-0 that the Council approve FP-57-96-12, final plat of Saddlebrooke Estates, for 36 single family lots at 50th and Charlotte.
Councilmember Goode, seconded by Councilmember Truitt, moved to approve FP-57-96-12, final plat of Saddlebrooke Estates, for 36 single family lots at 50th and Charlotte, subject to the following conditions:
1. Recording of final plat prior to issuance of any building permits;
2. Payment of the $7,200 open space fee in a lump sum prior to recording of the plat or $200 per lot prior to issuance of building permits;
3. The applicant submit two (2) copies of the amendment to the Homes Association and Deed Restriction documents, along with the necessary recording fee, for recording with the final plat;
4. The five-foot (5') wrought iron fence be placed along the south and west property lines and be installed prior to issuance of any building permits for this phase;
5. The proposed streets shall be designed and built to City standards;
6. Utility junction boxes located within the front yard areas shall be screened, as indicated in the staff report;
7. Individual preliminary street, stormwater drainage plans, and a revised overall street lighting plan shall be submitted to the City Engineer for approval prior to making the recording copies of the final plat;
8. Individual final sets of street and stormwater drainage plans shall be submitted to the City Engineer for approval prior to construction. All public improvements shall be designed and constructed in accordance with the City's current Manual of Technical Specifications and Design Criteria;
9. Erosion control measures shall be shown on the grading plans and be in place prior to commencing any construction;
10. All public utilities shall be fully bonded and constructed prior to the issuance of any building permits. Payment of all appropriate bonds and inspection fees to the Engineering Division and obtain all appropriate work permits, prior to any construction. The developer be responsible for the cost of City installed street signs;
11. All water main and fire hydrant locations shall be approved by the Fire Chief and installed prior to issuance of any building permits;
12. A computation plat shall be provided showing the coordinates of all points, the bearings and lengths of all lines, and the individual area, in square feet, of all lots, open space tracts, and rights-of-way. Also, shown on this plat shall be the centerline miles of all newly dedicated streets. The computation plat shall be submitted with the recording copies of the final plat;
13. The applicant shall submit a sketch plan showing proposed sanitary and storm sewers to the Engineering Division prior to submittal of revised final plats; and
14. Completion of the technical items outlined in the staff report and filing of two (2) revised copies of the plats with the Planning Department prior to filing of the recording plats.
The motion carried 8-0.
c) Consider final plat of Woods of Hidden Valley, 2nd Plat.
Mayor Allen stated that the Planning Commission recommended 8-0 that the Council approve FP-58-96-12, final plat of Woods of Hidden Valley, 2nd plat, for 35 single family lots at 51st Court and Pflumm Road.
Planning Director Chaffee stated that the applicant requests final plat approval for the 2nd Plat of the Woods of Hidden Valley located at 51st Court and Pflumm. He said the plat contains 35 single family lots on 17.52 acres for a density of 2 units per acre. He noted that this is one less lot than approved on the preliminary plat. He indicated that the lot sizes range from 9,000 to 30,753 square feet and that all bulk requirements have been satisfied. He stated that open space fees in the amount of $7,000 will be collected as building permits are issued on this plat. He said that the plat will become part of the Woods of Hidden Valley Homes Association. He noted that upon approval of the preliminary plat and rezoning, the developer received a waiver to allow placement of the utility boxes in the front and rear yard areas on lots 76-84 due to the wooded nature of the area and topography. He indicated that peripheral street fund requirements are being met through the improvement of the north half of 55th Street and a payment of the difference between the actual cost of construction and $73,306.23. He stated that stormwater detention requirements have been satisfied through improvements made in other portions of the subdivision, as well as on Tract B within this portion of the subdivision. He said that the Planning Commission recommends acceptance of the dedications in FP-58-96-12, for the 2nd Plat of Woods of Hidden Valley, subject to the conditions listed in the staff report.
Councilmember Goode, seconded by Councilmember Severance, moved to approve FP-58-96-12, final plat of Woods of Hidden Valley, 2nd plat, for 35 single family lots at 51st Court and Pflumm Road, subject to the following conditions:
1. Recording of final plat prior to issuance of any building permits;
2. Payment of the $7,000 open space fee in a lump sum prior to recording of the plat or $200 per lot prior to issuance of building permits;
3. The applicant submit two (2) copies of the amendment to the Homes Association and Deed Restriction documents, along with the necessary recording fee, for recording with the final plat;
4. The applicant submit itemized copies of the construction contracts for 55th Street improvements to the Engineering Division, along with the request for a Public Improvements Permit for the Third Plat. Any required Peripheral Street Fund fee is to be paid prior to commencing construction work;
5. The proposed streets shall be designed and built to City standards;
6. Utility junction boxes be placed in side and rear yard areas only;
7. Individual preliminary street and stormwater drainage plans shall be submitted to the City Engineer for approval prior to making the recording copies of the final plat;
8. Individual final sets of street and stormwater drainage plans shall be submitted to the City Engineer for approval prior to construction. All public improvements shall be designed and constructed in accordance with the City's current Manual of Technical Specifications and Design Criteria;
9. Erosion control measures shall be shown on the grading plans and be in place prior to commencing any construction;
10. The applicant shall submit a copy of the Environmental Protection Agency National Pollutant Discharge Elimination System permit with the City Engineer upon approval by the State;
11. All public utilities shall be fully bonded and constructed prior to the issuance of any building permits.
Payment of all appropriate bonds and inspection fees to the Engineering Division and obtain all appropriate work permits, prior to any construction. The developer be responsible for the cost of City installed street signs;
12. All water main and fire hydrant locations shall be approved by the Fire Chief and installed prior to issuance of any building permits; and
13. A computation plat shall be provided showing the coordinates of all points, the bearings and lengths of all lines, and the individual area, in square feet, of all lots, open space tracts, and rights-of-way. Also, shown on this plat shall be the centerline miles of all newly dedicated streets. The computation plat shall be submitted with the recording copies of the final plat.
The motion carried 8-0.
d) Consider final plat of Woods of Hidden Valley, 3rd Plat.
Mayor Allen stated that the Planning Commission recommended 8-0 that the Council approve FP-59-96-12, final plat of Woods of Hidden Valley, 3rd plat, for 11 single family lots at 54th Street and Albervan.
Planning Director Chaffee stated that the applicant requests final plat approval for the 3rd Plat of the Woods of Hidden Valley located at 54th and Albervan. He said that the plat contains 11 single family residential lots on 5.33 acres for a density of 2.06 units per acre. He noted that this is the last plat for this subdivision and lot sizes range from 11,145 to 30,756 square feet. He indicated that all bulk requirements have been satisfied. He stated that open space fees in the amount of $2,200 will be collected as building permits are issued in this plat. He said that the plat will become part of the Woods of Hidden Valley Homes Association. He noted upon approval of the preliminary plat and rezoning, the developer received a waiver to allow placement of the utility boxes in the front and rear yard areas on lots 15-17 due to the wooded nature of the area and topography. He indicated that peripheral street fund requirements are being met through the improvement of the north half of 55th Street and a payment of the difference between the actual cost of construction and $73,306.23. He stated that stormwater detention requirements have been satisfied through improvements made in other portions of the subdivision, as well as on Tract B in Phase Two of the subdivision. He said that the Planning Commission recommends acceptance of the dedications in FP-59-96-12, for the 3rd Plat of the Woods of Hidden Valley, subject to the conditions listed in the staff report.
Councilmember Goode, seconded by Councilmember Truitt, moved to approve FP-59-96-12, final plat of Woods of Hidden Valley, 3rd plat, for 11 single family lots at 54th Street and Albervan, subject to the following conditions:
1. Recording of final plat prior to issuance of any building permits;
2. Payment of the $2,200 open space fee in a lump sum prior to recording of the plat or $200 per lot prior to issuance of building permits;
3. The applicant submit two (2) copies of the amendment to the Homes Association and Deed Restriction documents, along with the necessary recording fee, for recording with the final plat;
4. The applicant submit itemized copies of the construction contracts for 55th Street improvements to the Engineering Division along with the request for a Public Improvements Permit for the Third Plat. Any required Peripheral Street Fund fee is to be paid prior to commencing construction work;
5. The proposed streets shall be designed and built to City standards, as discussed in the staff report;
6. Utility junction boxes be placed in side and rear yard areas only, with the exception of Lots 15 through 17. Junction boxes at these lots shall be screened with landscaping on the street side of the box;
7. Individual preliminary street and stormwater drainage plans shall be submitted to the City Engineer for approval prior to making the recording copies of the final plat;
8. Individual final sets of street and stormwater drainage plans shall be submitted to the City Engineer for approval prior to construction. All public improvements shall be designed and constructed in accordance with the City's current Manual of Technical Specifications and Design Criteria;
9. Erosion control measures shall be shown on the grading plans and in place prior to commencing any construction;
10. The applicant shall submit a copy of the Environmental Protection Agency National Pollutant Discharge Elimination System permit with the City Engineer upon approval by the State;
11. All public utilities shall be fully bonded and constructed prior to the issuance of any building permits. Payment of all appropriate bonds and inspection fees to the Engineering Division and obtain all appropriate work permits, prior to any construction. The developer be responsible for the cost of City installed street signs;
12. All water main and fire hydrant locations shall be approved by the Fire Chief and installed prior to issuance of any building permits; and
13. A computation plat shall be provided showing the coordinates of all points, the bearings and lengths of all lines, and the individual area, in square feet, of all lots, open space tracts, and rights-of-way. Also, shown on this plat shall be the centerline miles of all newly dedicated streets. The computation plat shall be submitted with the recording copies of the final plat.
The motion carried 8-0.
e) Consider final plat of Lakeview Townhomes, 14th Plat.
Mayor Allen turned the chair over to Council President Teefey for consideration of this item.
Council President Teefey stated that the Planning Commission recommended 8-0 that the Council approve FP-60-96-12, final plat of Lakeview Townhomes, 14th Plat, for two triplex units in the 5700 block of Summit.
Councilmember Goode, seconded by Councilmember Severance, moved to approve FP-60-96-12, final plat of Lakeview Townhomes, 14th Plat, for two triplex units in the 5700 block of Summit, subject to the following conditions:
1. Recording of the final plat within thirty (30) days of approval;
2. No sales of the units prior to recording of the plat; and
3. Two (2) copies of the revised plat be submitted to the Planning Department along with the recording plats.
The motion carried 8-0.
f) Consider final plat of Hillcrest Farm, 4th Plat.
Council President Teefey stated that the Planning Commission recommended 8-0 that the Council approve FP-61-96-12, final plat of Hillcrest Farm, 4th Plat, for 70 single family lots at 47th Street and Mund Road.
Councilmember Breitenstein asked Planning Director Chaffee about Final Plat Review item 4) The minimum house size for the subdivision is 1,400 square feet. She stated she thought that they had changed that 1,400 square feet and had concurrence with the developer to a higher square footage.
Planning Director Chaffee stated the discussion on the 1,400 square feet ranch-style house was to reduce the number of units being allowed to have the 1,400 square feet down from 10% to only 5% of the units. He said that applies to ranch-style house, not the two-story homes.
Councilmember Breitenstein stated along with the requirement that no more than 20% of the homes in the subdivision be built with the same elevation, there was discussion about stone or brick work, and the agreement was that the developer require the builders to put stone or brick on their stucco homes.
Planning Director Chaffee stated that is a condition of rezoning approval.
Councilmember Breitenstein asked what the timing is on the 47th Street improvements and does the developer have to improve 47th Street before they can build.
Planning Director Chaffee answered yes, prior to issuance of any building permits.
Councilmember Breitenstein asked about the timing on the park improvement, noting that if there are one or two vacant lots they would still be in that phase. She said if the majority of the phase has been built, that would be the time for the park to be constructed.
Planning Director Chaffee stated in the conditions of approval, the park improvements are to be made with the public improvements in the subdivision. He said the parks will be completed before the first homes can be occupied.
Councilmember Douglas asked if item 11: Staff does not support vacating just the east half of the right-of-way, has been settled at this point, and have they agreed.
Planning Director Chaffee stated they have agreed to that. He said there is a revised 3rd plat, it will be approved and revised, taken out to the Register of Deeds, and they will be recorded simultaneously so vacation will happen all at one time.
Councilmember Goode, seconded by Councilmember Truitt, moved to approve FP-61-96-12, final plat of Hillcrest Farm, 4th Plat, for 70 single family lots at 47th Street and Mund Road, subject to the following conditions:
1. Recording of the plat prior to issuance of any building permits;
2. The minimum house size allowed is 1,400 square feet for ranch-style homes and 1,650 square feet for all other structures;
3. No more than five percent (5%) of the homes constructed in the subdivision shall be ranch-style with square footage between 1,400 and 1,650 square feet;
4. No more than twenty percent (20%) of the structures in the subdivision be built with the same elevations;
5. The $200 per lot Open Space fees be paid prior to issuance of building permits;
6. Park amenities be constructed and installed in conjunction with the public improvements for this phase of development;
7. All landscaping within the designated landscape easements shall be installed prior to building permits for each individual phase;
8. Two (2) copies of the Homes Association and Covenant documents be submitted with the final plats for recording at the applicant's expense;
9. The applicant be responsible for required improvements to 47th Street, as determined by the Engineering Division;
10. City Council approval of a waiver from the required Peripheral Street Fund fee for those portions of the preliminary plat not adjoining 47th Street;
11. The proposed streets shall be designed in accordance with the minimum design criteria as set forth in the City's current Manual of Technical Specifications and Design Criteria, except as specifically varied or waived by action of the City Council;
12. The applicant will be responsible for providing a temporary access easement and constructing a turnaround for Mund Road south of this plat. Additionally, the applicant shall be responsible for removing the existing pavement, re-grading the area and restoring vegetation within the vacated right-of-way;
13. The replat of Hillcrest Farm, 3rd Plat, shall be submitted for approval prior to preparing the recording copies for this plat and filed with the Register of Deeds concurrently;
14. All utility junction boxes shall be located in side and rear yard areas;
15. Individual preliminary street and stormwater drainage plans and an overall conceptual street lighting plan shall be submitted to the City Engineer for approval prior to making the recording copies of the final plat. Individual final sets of street, stormwater drainage, and street lighting plans shall be submitted to the City Engineer for approval prior to construction;
16. All public improvements shall be designed and constructed in accordance with the City's current Manual of Technical Specifications and Design Criteria, except as specifically varied or waived by action of the City Council;
17. The applicant shall apply for an Environmental Protection Agency National Pollutant Discharge Elimination System permit (Construction Activity Form 1) from the Kansas Department of Health. A copy of the application shall be filed with the Engineering Division prior to issuance of a grading permit. Upon approval of the permit, a copy shall be filed with the Engineering Division;
18. An erosion control plan, to be approved by the City Engineer, shall be approved prior to the issuance of a grading permit;
19. Approval of all water main and fire hydrant locations by the Fire Chief and installation prior to issuance of any building permits;
20. All public utilities shall be fully bonded and constructed prior to the issuance of any building permits. Payment of all appropriate bonds and inspection fees to the Engineering Division and obtain all appropriate work permits, prior to any construction. The developer be responsible for the cost of City installed street signs;
21. Two (2) computation plats showing areas (Square Feet) of all lots, open spaces, right-of-way, including lengths and bearings of all lines and coordinates of all points, and centerline miles of newly dedicated streets, shall be submitted with the recording plats; and
22. Completion of the technical item outlined in the staff report and filing of two (2) revised copies of the plats with the Planning Department prior to filing of the recording plats.
The motion carried 8-0.
COUNCIL ITEMS
25. CONSIDER THE FOLLOWING ITEMS FROM THE FINANCE AND ADMINISTRATION COMMITTEE MEETING OF DECEMBER 3, 1996.
a) Request by Small Ball, Inc. to use two ballfields at Gum Springs Park.
Councilmember Breitenstein stated that the Committee recommended 4-0 that Council forward this item to the Parks and Recreation Advisory Board, with the recommendation that they work with Small Ball, Inc. for the 1997 and 1998 schedules.
Councilmember Breitenstein, seconded by Councilmember Meyers, moved to forward this item to the Parks and Recreation Advisory Board with the recommendation that they work with Small Ball, Inc. for the 1997 and 1998 schedules to use two ballfields at Gum Springs Park. The motion carried 8-0.
c) Customer Service Statement of Policy.
Councilmember Breitenstein stated that the Committee recommended 4-0 that Council adopt the Customer Service Statement of Policy with all references to the word customer changed to customer/citizen.
Councilmember Breitenstein, seconded by Councilmember Meyers, moved to adopt the Customer Service Statement of Policy with all references to the word customer changed to customer/citizen. The motion carried 8-0.
BUSINESS FROM THE FLOOR
There was no business from the floor.
Councilmember Breitenstein, seconded by Councilmember Douglas, moved to recess to executive session for approximately 20 minutes to receive attorney/client privileged communication concerning the Lackman Road Project and the West Ridge development project. The motion carried 8-0. Having passed, the meeting recessed at 8:42 p.m.
Upon return, Councilmember Goode, seconded by Councilmember Severance, moved to conclude the executive session. The motion carried 8-0.
Councilmember Goode, seconded by Councilmember Severance, moved to reconvene the City Council meeting. The motion carried 8-0. Having passed, the meeting reconvened at 9:03 p.m.
25. b) Change Order for Lackman Road Project.
Councilmember Breitenstein stated that the Committee recommended 4-0 that Council forward this item to Council with no recommendation to allow Council to obtain further information.
City Engineer Wesselschmidt stated the project being discussed is on the south end, on the east side. He said the original plan was to go with the City’s standard of grading flat out to the right-of-way that is 40 feet and sloping up at a 4:1 slope. He noted this is a heavily wooded area adjacent to the Hurd property and Wedgewood subdivision, that is preliminary platted. He indicated after obtaining appraisals from the City’s appraiser the City then went to condemnation court appointed appraisers. He said there were some further discussions with the property owners expressing a desire to save the trees. He stated their hope was as they graded back to the right-of-way line that they would run into more solid rock out in the slope. He presented slides he had taken over the last week of the existing condition on the Lackman Road Project, from 63rd Street down to the 7500 block.
City Engineer Wesselschmidt stated at the end of July 1996, when they were running into the lack of rock, they looked at the cost of a retaining wall. He said at that time they hoped the cost of the retaining wall would be almost equally offset by the cost savings of not having to pay for rock excavation. He said at this time, they are looking at a keystone wall, having it sloped just short of the right-of-way line and a keystone wall that would meet the existing grade line. He said they had hoped to have a pre-split wall with a contractor drilling and blasting an area out even with this vertical wall. He noted the property owner is not interested in a keystone wall but wants a stone faced retaining wall that would be similar to the other side of the street. He stated that the cost discussed at the Finance & Administration Committee meeting was for trying to provide a special type of a footing by putting the footing on the downhill side of the wall as opposed to the uphill side of the wall. He said they were looking at that because the Hurds did not want the footing on their side of the wall because that would require the removal of more trees. He said the Hurds have since agreed that if the City uses a stone faced concrete retaining wall, then the footing would be a more normal footing on the downhill side and that would reduce the cost of a stone faced wall with special footing. He stated the keystone wall is not desired by the property owner and it is now about the same cost of what a stone faced concrete retaining wall would be if a normal footing is used.
Councilmember Goode asked what the cost would be.
City Engineer Wesselschmidt stated that a stone faced concrete retaining wall would be approximately $347,500. He said since they are not running into as much rock excavation as anticipated there would be some savings to the project because of that. He noted that would reduce the construction cost by $136,750, giving an overall construction cost of $210,750 for a stone faced concrete retaining wall. He indicated these numbers are construction numbers and about 34% has to be added to those numbers to cover staking, construction observation, KDOT administration, and the City’s costs (financing, administration, and legal).
Councilmember Goode asked if the cost would then be $210,750 x 134%.
City Engineer Wesselschmidt stated it would come out to be $282,405.00.
Mayor Allen stated even though there may be cost savings Council still needs to keep the $347,500 figure in mind and the additional multiplier factor on that.
Councilmember Breitenstein asked City Engineer Wesselschmidt if he had another alternative to this.
City Engineer Wesselschmidt stated that something the engineers had been looking at when using the pre-split wall and grading back the distance, is to come back at a 2:1 slope and then build the wall. He said it significantly shortens the height, reduces the cost of the wall, and reduces the length of the wall by about 100 feet. He said that information had just become available that day and had not been discussed with the property owners.
Mayor Allen asked City Engineer Wesselschmidt if he had an approximate cost estimate on this and what type of wall construction.
City Engineer Wesselschmidt stated going no further back than what was shown on the plan, starting at those points and coming in at a 2:1 slope, and using a stone faced concrete retaining wall, that construction cost would be $160,000. He said there would be some savings of the overall cost by not having all the rock excavation as per the plan. He indicated the cost would be reduced by $136,750, about $23,000 x 134%, which is about $31,000.
Mayor Allen stated that this has been a difficult situation and there has been a lot of discussion but his foremost concern is these are taxpayers' dollars on a project for $347,000 plus the additional cost on the full stone faced wall. He said there was an amendment on 49th Terr., a road this community waited several years for, and students had to walk in the street without a sidewalk, and that entire road was constructed for $400,000. He noted that these dollar figures concern him and he thinks we have a reasonable and legal requirement to do this. He stated he feels the Governing Body needs to strongly look at the last figures for the 2:1 slope and the $160,000, which is approximately a $40,000 difference.
Councilmember Douglas asked if the wall would go in the same place that the other wall would have. She also asked if the City would not be taking out any more trees, yard, and acreage, and would still be working within the same right-of-way.
City Engineer Wesselschmidt stated no more than what was provided for in the plan. He said it is a little bit more than what is out there right now and at this point the contractor has stopped at the right-of-way line.
Councilmember Douglas asked if the City would be placing a wall there and putting some kind of netting to hold the ground until the vegetation comes back.
City Engineer Wesselschmidt stated yes, that is what the engineer figured. He said in talking with the property owners in the past, it is not an area they want to maintain and they want it replanted and vegetated as quickly as possible.
Councilmember Douglas asked what is the approximate height of the wall.
City Engineer Wesselschmidt stated the highest part of the wall would be 8 feet.
Councilmember Teefey stated he is pleased with the 2:1 slope and the smaller wall. He said it meets a lot of the requirements and the City has not had time to discuss this with the homeowners and the developer. He indicated he would like Council to proceed with the idea of the smaller wall, 2:1 grade slope with the footing on the uphill side, get the costs verified closer, and talk with the homeowners and developer before the January 27, 1997 City Council meeting and see if they agree with that proposal. He noted it was more reasonable to spend $50,000, and have the stone and a nice wall, than to justify $300,000. He stated he would support this item.
Councilmember Severance asked if the City would start having scheduling problems if Council did not decide something that evening. He said page 2 of the memorandum states: it is our intent to keep the project on its current schedule, and asked if the City would be able to meet the October 1997 schedule.
City Engineer Wesselschmidt stated these things would need to be worked out with the City’s contractor. He said the contractor indicated the same crews he has been using on the previous walls are also his bridge crews and he needs to start the bridge by the middle of February 1997. He noted it is possible to let the contractor go ahead and build the bridge, as per schedule, and then do this project and hopefully not add any time to it.
Councilmember Severance stated he is in agreement with Councilmember Teefey; the 2:1 slope is a viable alternative and since it was just introduced to the homeowners, it would be appropriate for everyone to talk this over. He said if Council is going to be discussing this at the January 27, 1997 City Council meeting, he wants to make sure by doing so that the City is not stretching this out into eternity.
Councilmember Teefey stated his discussion with staff was that the wall could be completed after the fact and would not hold up the actual road work; it could be separated and would not delay or tie up the other. He said the contractor that is on this particular job may change his scheduling of man hours but it would not affect them being able to complete the road and the bridge on time. He indicated the wall could be separated from the construction of the road and the bridge so that the road will open on time. He noted Council can come back and address the wall as the contractor's schedule permits or work with another contractor.
Councilmember Severance stated he would second the motion.
Councilmember Goode stated that $347,000 is a lot of taxpayer's money and Council needs to come to a conclusion and proceed.
TOM LASLEY, Gordon, Gordon, and Lasley, stated he is the attorney for Jim & Beth Hurd. He indicated that their initial reaction is that the plan has merit and possibility. He said if something could be done to save a substantial amount of money for the City and it still gives aesthetically a nice presentation for the Hurds, and preserves their area the way they want it, then they have no objections. He indicated they are willing to discuss this and would like to know more of the details of how it is going to work.
Mayor Allen stated that the City is trying to find something to appease all and still have a reasonable cost.
TOM LASLEY stated they would want some assurances on the 2:1 slope and that it is not going to fall off the ledge. He said those are details can be worked out.
PETE HEAVEN, 6021 Earnshaw, stated he represents Rodrock Development and Wedgewood. He said what had been presented that evening is very promising. He indicated their concern has never been to spend more money than was necessary. He noted their concern was always to preserve the natural beauty of the area and this goes a long way toward that. He introduced Max DaMetz, Payne & Brockway, P.A., Project Engineer. He said that Max DaMetz and he feel this is a very do-able project and they will work with staff on this project.
CHARLOTTE HARGIS, 6925 Ballentine, stated she wants to know what engineer did the core samples and if he has malfeasance insurance and why is he not paying the difference. She said the City has not had a single project that has not had a catastrophe happen to it. She indicated that she has told Council time and time again that she thinks they make a mistake when they do not bid the engineering and do not make them put up a bond. She noted if they would put up a bond, the City could take it out of his bond. She stated it always drops in the citizen’s lap. She said people who have the money for a placid estate should not be allowed to drop their expenses or the experts' expenses on the taxpayers. She stated that is not prime ground; that is rough ground. She said the value is not nearly as much to us as it is to them. She said what Council is doing is pacifying them. She stated the City is going to put $8,000,000 on the north end of Lackman to get Target in there and now she is hearing Target is not coming to Shawnee. She indicated that the expenses for the bonds that the City floats are becoming too much and the City can not afford to keep doing this, no matter how beautiful it is.
Mayor Allen stated Council is talking about a significant change order that would be a cost difference of $34,000.
CHARLOTTE HARGIS asked if the City had asked the Hurds to take a core sample back where this is happening.
City Manager Montague stated that the original plan called for that slope to be laid back and they did have that on the plans. He said the plan was changed later because of discussions with the property owners during condemnation.
CHARLOTTE HARGIS stated she does not see why the City has to pay for the property if the property owners accepted that in the first place.
City Manager Montague stated he did not say they accepted the plans; he said that is the way the plans were originally drawn.
CHARLOTTE HARGIS stated the City is correcting the plans and now they do not like it. She stated the City surmised there was going to be a rock wall there and it was not there. She asked if the City ever took a core back there after they changed the plan and if so, it is the engineer’s responsibility not the City’s.
City Attorney Rainey stated whether the core samples were taken or not taken would not change what the City would be constructing at this time. He said that the City is still going to have to build the street given the conditions that are actually there, not what someone thought might have been there. He noted it might have changed our cost projections at some stage but it would not have changed what the City’s actual costs are going to be. He stated that is what we have to decide at this time, the various alternatives based on what the actual cost will be, not on what we thought the costs were going to be.
CHARLOTTE HARGIS asked why the engineer keeps saying they took a core sample in the right-of-way and thought they could get a rock wall back there by cutting through it and it was not there.
City Attorney Rainey stated the City could have taken all the core samples that they wanted to which would have cost money but it also would not have changed the cost of constructing the street because it would not change the way we are going to construct it. He said the plans may change as the City learns more about service conditions.
CHARLOTTE HARGIS asked if City Attorney Rainey was saying that the plans were not to have the rock wall.
City Attorney Rainey stated that the original plan was not to have a rock wall.
CHARLOTTE HARGIS asked why the landowner gets to tell the City that it is not satisfactory and the City has to pay.
City Attorney Rainey stated that later it was decided that the City would put in a rock wall but either way the question for the governing body to decide at this time is what kind of construction is to occur.
CHARLOTTE HARGIS asked if it ever came up before in public.
Mayor Allen stated this is the first public meeting he has attended on this item and the only other one he is aware of was the December 3, 1996 Finance & Administration Committee meeting.
CHARLOTTE HARGIS stated she was at that meeting but the property owner had all the experts plus the guy across the street who is a lawyer. She said she feels as if the City is being overwhelmed with expertise and they would be paying for it in the end. She indicated that you can go out and buy enough trees to provide privacy for the property owners without putting up the rock wall and still have the 4:1 grade.
Councilmember Teefey, seconded by Councilmember Severance, moved to have the City’s engineering staff work with the property owner and his representatives, and Rodrock Development to look at an alternative wall and to present the details at the January 27, 1997 City Council meeting, along with the approximate cost of the wall. The motion carried 8-0.
STAFF ITEMS
26. CONSIDER 1997 HOLIDAYS.
Mayor Allen stated the following is a list of the proposed 1997 holidays, granting City employees nine (9) holidays and one personal day:
Wednesday, January 1, 1997 New Years Holiday
Monday, January 20, 1997 Martin Luther King, Jr. Day
Monday, February 17, 1997 Presidents Day
Monday May 26, 1997 Memorial Day
Friday, July 4, 1997 Independence Day
Monday, September 1, 1997 Labor Day
Thursday, November 27, 1997 Thanksgiving Day
Friday, November 28, 1997 Thanksgiving Holiday
Thursday, December 25, 1997 Christmas Day
Councilmember Goode, seconded by Councilmember Douglas, moved to approve the holiday schedule for calendar year 1997. The motion carried 8-0.
MISCELLANEOUS ITEMS
27. CONSIDER APPROVAL OF SEMI-MONTHLY CLAIM FOR DECEMBER 12, 1996, IN THE AMOUNT OF $1,249,669.31.
Councilmember Truitt, seconded by Coucilmember Douglas, moved to approve the semi-monthly claim for December 12, 1996, in the amount of $1,249,669.31. The motion carried 8-0.
28. MISCELLANEOUS COUNCIL ITEMS.
a) Consider request to rezone from Agricultural to Single Family Residential and preliminary plat for West Ridge.
Mayor Allen stated if this motion is approved, the rezoning of West Ridge would be considered at the January 27, 1997 City Council meeting.
Councilmember Severance requested that staff get letters out to the surrounding property owners and those that have spoken concerning this item, as soon as possible.
Councilmember Breitenstein stated that this would give the developer time to provide some alternatives and options to the plan they had originally submitted.
CHARLOTTE HARGIS, 6925 Ballentine, asked if they had reapplied.
Mayor Allen stated no.
CHARLOTTE HARGIS asked if Council had turned down the zoning.
Mayor Allen stated at the November 25, 1996 City Council meeting, a vote was taken and the motion failed.
CHARLOTTE HARGIS asked how the developer can bring it back unless they reapply. She said Council had a demand then for a 2/3 majority and now they will not have that.
Mayor Allen stated they would have to have the 2/3 majority.
City Attorney Rainey stated there has been no lawsuit filed. He said a motion to renew is a parliamentary procedure; it has been recognized and the Attorney General Opinion considers it to be an appropriate way for an item to be brought back to the governing body for reconsideration. He indicated it does not mean the vote of the governing body is going to change at the next meeting but it is proper to have the motion to reconsider different options and then they would proceed.
Councilmember Breitenstein, seconded by Councilmember Goode, moved to renew the motion to adopt an ordinance, rezoning from Agricultural to Single Family Residential, and approve Z-23-96-8 and Pre-Plat-42-96-8 for West Ridge subdivision for 104 single family lots in the 5000-5200 blocks of Old K-7 Highway, at the January 27, 1997 City Council meeting. The motion carried 7-1, with Councilmembers Goode, Meyers, Breitenstein, Severance, Teefey, Douglas, and Snell voting “aye”, and Councilmember Truitt voting “nay.”
b) Cameras taking pictures of vehicles running red lights.
Councilmember Douglas stated at the League meeting she spoke with a man from Colorado who told her they have cameras on their stop lights that take pictures, set up by timing, so when the red light comes on, those that are running the red light have their license plate photographed and then they receive a ticket in the mail. She said that this camera could be moved around and it would not have to stay in one area. She noted the thing that is interesting, is the Opticom system set up for safety for the Fire Departments, a lot of people think it is a camera so they slow down for all the lights.
Mayor Allen extended Happy Holidays to all.
ADJOURNMENT
Councilmember Truitt, seconded by Councilmember Breitenstein, moved to adjourn. The motion carried 8-0, and the meeting adjourned at 9:46 p.m.
____________________________
Sonya Fendorf
Recording Secretary
Exhibits:
Prepared By: Sonya Fendorf
