Type of Minutes: City Council
Date & Time: 08/28/1995


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CITY COUNCIL MEETING
MINUTES OF AUGUST 28, 1995

Mayor Allen called the meeting of August 28, 1995, to order at 7:34 p.m. in the Shawnee City Hall Council Chambers. Councilmembers present were: Edvalds, Teefey, Meyers, Goode, Severance, Breitenstein, Douglas and Snell. Others present were: City Manager Montague, Finance Director Meyer, Public Works Director Freyermuth, City Clerk/Human Resources Director Hodges, Police Chief Hayselden, Fire Chief Hartley, Planning Director Chaffee, City Attorney Rainey, Chief Codes Administrator Thompson 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: Charlotte Hargis, 6925 Ballentine (Consent Agenda, Item No. 3 and Item No. 27c); Linda Steck, 21403 Midland Drive (Item No. 13d); Curtis Holland, 7500 College Boulevard, Suite 750, Attorney representing Southwestern Bell Mobile Systems (Item No. 13f); Paul Wrabalica, 7801 Farley, Real Estate Manager for Southwestern Bell Mobile Systems (Item No. 13f); and Darrel Teske, 6933 Bluejacket, (Business from the floor).

CONSENT AGENDA

1. APPROVE MINUTES FROM THE CITY COUNCIL MEETING OF AUGUST 14, 1995.

2. REVIEW MINUTES FROM THE PLANNING COMMISSION MEETING OF AUGUST 7, 1995.

3. REVIEW MINUTES FROM THE PUBLIC WORKS AND SAFETY COMMITTEE MEETING OF AUGUST 22, 1995.

4. CONSIDER CHANGE ORDER NO. 2 FOR TURKEY CREEK STORMWATER DRAINAGE IMPROVEMENTS.

5. CONSIDER CHANGE ORDER NO. 1 FOR ADA BATH REMODELING PROJECT.

Charlotte HARGIS, 6925 Ballentine, asked for clarification on the funds from the City Auction. City Manager Montague stated that the funds received from the Police Department items sold would go into the Police Benevolent Fund, and the other funds received would go into the general fund. Ms. HARGIS asked for the breakdown of the funds received. City Manager Montague said those figures were not available yet.

Ms. HARGIS said that she would like to know where her tax monies go. She said she feels that all monies should be adequately accounted for. Councilman Snell that he felt the Council has confidence in the City staff and did not feel it is necessary to micro manage.

Councilmember Goode, seconded by Councilmember Edvalds, moved to approve the entire consent agenda. The motion carried 8-0.

MAYOR'S ITEMS

Mayor Allen stated that a resume was placed in the Councilmembers’ trays for review and consideration for an appointment to the Planning Commission. He also noted that there is another vacancy and asked the Council to submit any recommendations.

PUBLIC ITEMS

6. CONSIDER PET PERMIT APPLICATION FOR MARTHA J. BARTLETT.

7. CONSIDER RESOLUTION DIRECTING AND AUTHORIZING THE WIDENING OF NIEMAN ROAD AND IMPROVEMENTS TO THE INTERSECTION OF 65TH STREET AND NIEMAN ROAD.
8. CONSIDER RESOLUTION DIRECTING AND AUTHORIZING PHASE II OF THE INSTALLATION OF DOWNTOWN STREET LIGHTING ALONG JOHNSON DRIVE BETWEEN BARTON AVENUE AND REEDER AVENUE.

9. CONSIDER RESOLUTION DIRECTING AND AUTHORIZING CONSTRUCTION OF LITTLE MILL CREEK TRAIL, A MULTI-PURPOSE TRAIL 0.5 MILES IN LENGTH FROM LITTLE MILL CREEK IN LENEXA TO BLACKFISH PARKWAY IN SHAWNEE.
Councilman Snell, seconded by Councilmember Douglas, moved to adopt a resolution directing and authorizing the construction of Little Mill Creek trail, a multi-purpose trail 0.5 miles in length from Little Mill Creek in Lenexa to Blackfish Parkway in Shawnee, PN 3189, for an estimated total cost of $263,000, with the Kansas Department of Transportation (KDOT) funding $200,000 and $63,000 coming from the City’s general fund. The motion carried 8-0. Having been adopted, Resolution No. 1010 was assigned.

10. CONSIDER RESOLUTION DIRECTING AND AUTHORIZING REPLACEMENT OF AN OPEN CHANNEL DRAINAGE SYSTEM FOR AN ENCLOSED SYSTEM FROM SOUTH OF YAGER LANE TO THE NORTH SIDE OF 67TH STREET.
11. CONSIDER RESOLUTION DIRECTING AND AUTHORIZING THE IMPROVEMENT OF STORM DRAINAGE FROM 57TH STREET BETWEEN LONG AND WESTGATE, THEN SOUTH TO JOHNSON DRIVE BETWEEN LONG AND CAENEN STREETS.

12. CONSIDER RESOLUTION DIRECTING AND AUTHORIZING THE IMPROVEMENT OF CURBS, GUTTERS, AND SIDEWALK TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT GUIDELINES.

13. CONSIDER THE FOLLOWING FROM THE PLANNING COMMISSION MEETING OF AUGUST 7, 1995.

a) Consider review of special use permit previously issued to Carol Robinson to operate an in-home child care facility at 5105 Roberts.

Councilmember Edvalds, seconded by Councilmember Teefey, moved to extend SUP-7-90-7, for Carol Robinson to operate an in-home child care facility at 5105 Roberts for period of four (4) years, subject to the following conditions:

1. Review of the Special Use Permit in four (4) years;

2. The applicant file a copy of the State license if any changes to the current license are undertaken;

3. No outside persons be employed; and

4. No signage be allowed.

The motion carried 8-0.

b) Consider review of special use permit previously issued to Bryce’s Sports Saloon and Bar, 7441 Quivira Road, to allow the placement of pool tables.

Councilman Snell, seconded by Councilmember Douglas, moved to extend SUP-8-90-7, for Bryce’s Sports Saloon and Bar, 7441 Quivira Road, to operate a billiard parlor, 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 Shawnee Mission Gardens, Inc. to operate a funeral home office at 23215 W 75th Street.

Councilmember Goode, seconded by Councilman Snell, moved to extend SUP-8-89-6, for Shawnee Mission Gardens, Inc. to operate a funeral home office at 23215 W 75th Street, for a period of four (4) years, with review at that time. The motion carried 8-0.

d) Consider review of special use permit previously issued to Cindy Keith to operate a one-chair beauty shop as a home occupation at 24615 W 71st Street.

Councilmember Edvalds, seconded by Councilmember Meyers, moved to extend SUP-5-92-8, for Cindy Keith to operate a one-chair beauty shop as a home occupation at 24615 W 71st Street, for a period of four (4) years subject to the following conditions:

1. Review of the special use permit in four (4) years;

2. The shop be limited to one (1) chair and no outside persons be employed;

3. No signage be allowed; and

4. The applicant submit a copy of the State beautician’s license to the Planning Department, upon renewal.

The motion carried 8-0.

e) Consider review of special use permit previously issued to Phil and Linda Steck to allow a residence in association with a business in Commercial Highway zoning, and the operation of Christot’s Country Montessori Preschool and Day Care Center, 21403 Midland Drive.

Councilmember Edvalds, seconded by Councilmember Goode, moved to extend SUP-5-94-7, for Phil and Linda Steck to allow a residence in association with a business in Commercial Highway zoning, and the operation of Christot’s Country Montessori Preschool and Day Care Center, 21403 Midland Drive, for a period of four (4) years subject to the following conditions:

1. Review of the Special Use Permit in four (4) years;

2. No more than ten (10) children and no employees are allowed prior to the applicant complying with all applicable Life Safety and Building Code requirements for a day care center, with a maximum of twenty-four (24) children when all requirements are met;

3. The hours of operation be limited to 6:00 a.m. to 6:00 p.m., Monday thru Friday;

4. The applicant shall provide staff with a copy of the State license indicating the maximum number of children allowed at the facility by the State when the number increases from the ten (10) for which the applicant was licensed in 1993;

5. The ground floor be the only area utilized for day care purposes;

6. The driveway and parking areas shall be paved and a sidewalk provided to the handicap entry, prior to expansion beyond ten (10) children on the premise;

7. City Engineer approval of the street improvements within the public right-of-way and the culvert pipe size, prior to construction;

8. Payment of the $251.72 stormwater detention fee to the Engineering Division, prior to any construction;

9. The applicants obtain a sign permit from the Planning Department, prior to installation of any signage;

10. Any future expansion will require a new special use permit prior to the expansion; and

11. Any farm animals to be kept on the premise be licensed and approved by the City Council with a Livestock Permit.


The motion carried 8-0.

f) Consider request for a special use permit to allow a 150-foot monopole communications tower to replace the existing 117-foot monopole, Southwestern Bell Mobile Systems, Inc., 6285 Ogg Road.

Councilmember Edvalds, seconded by Councilmember Teefey, moved to approve SUP-6-95-8, to allow a 150-foot monopole communications tower to replace the existing 117-foot monopole, Southwestern Bell Mobile Systems, Inc., 6285 Ogg Road, subject to the following conditions:

1. Review of the special use permit in one year;

2. The existing 117-foot monopole shall be removed from the site upon completion of the construction and wiring of the new monopole; and

3. The documents submitted to the Codes Administration Division for building permits shall indicate the location of the fall zone and be sealed by a licensed Kansas structural engineer.

Councilman Snell asked if there other towers similar to the proposed tower in the County and if so what color. Planning Director Chaffee said the new tower will be light blue to match the current tower.


Councilman Snell suggested that the motion be amended to have a light blue pole.

Councilmember Edvalds, seconded by Councilmember Teefey, moved to amend the motion to stipulate that the pole color be light blue.

14. CONSIDER REQUEST FROM ST. JOSEPH EARLY EDUCATION CENTER FOR A SPECIAL EVENT PERMIT TO HOLD THEIR ANNUAL CRAFT FAIR.
1. The craft fair shall be held on September 16, 1995, from 9:00 a.m. to

6:00 p.m.;

2. Temporary sign permits shall be obtained, if signage is displayed;

3. St. Joseph's shall pay the overtime cost for two (2) police officers to be stationed on Johnson Drive for pedestrian/traffic safety.

The motion carried 8-0.

COUNCIL ITEMS

15. CONSIDER THE FOLLOWING ITEMS FROM THE PUBLIC WORKS AND SAFETY COMMITTEE MEETING OF AUGUST 22, 1995.


Councilmember Meyers, seconded by Councilmember Douglas, moved to approve placing 10 signs identifying the Fort Leavenworth Branch of the Santa Fe Trail, in the City at a cost of approximately $500. The motion carried 8-0.

Councilmember Meyers, seconded by Councilmember Edvalds, moved to approve the Issuance of Building Permits in Unimproved Subdivisions Policy Statement as written.

Councilmember Teefey asked if all the concerns had been addressed under the policy. Councilmember Douglas mentioned that she had interpreted the policy statement to consider variances only during the winter months. Councilmember Meyers stated that the intent was to have a written policy and situations may still arise when contractors will ask for a variance.

The motion carried 8-0.

Councilmember Meyers, seconded by Councilmember Douglas, moved to approve the engineering contract with Shafer, Kline and Warren with a Council recommendation of a mid block pedestrian signal.

Councilmember Douglas stated that she would like to see the pedestrian signal placed at the end of the school property.

The motion carried 8-0.

Councilmember Edvalds, seconded by Councilmember Douglas, moved to approve a 25 mph school zone in front of Full Faith Church and Maranatha Academy. The motion carried 8-0.

Councilmember Goode asked if the speed limit would be 25 mph at all times. Mayor Allen noted that it would be during school hours.

Councilmember Meyers, seconded by Councilmember Goode, moved to adopt an ordinance extending the Parks and Recreation Advisory Board until deemed unnecessary. The motion carried 8-0. Having been adopted, Ordinance No. 2220 was assigned.
Councilmember Meyers, seconded by Councilmember Teefey, moved to waive the Civic Centre rental fees for two (2) meeting rooms for Broken Arrow PTA once a month for approximately 2 hours for eight times during the school year. The motion carried 8-0.
Councilmember Meyers, seconded by Councilman Snell, moved to approve the addendum to the Automatic Aid Agreement between Lenexa and Shawnee. The motion carried 8-0.
Councilmember Meyers, seconded by Councilmember Goode, approve all proposed revisions to the Animal Ordinance approved by Council on July 10, 1995, with the exception of the proposed revision to Section 6.08.030. The motion carried 7-0-1, with Councilmembers Teefey, Edvalds, Meyers, Goode, Breitenstein, Severance and Douglas voting “aye,” and Councilman Snell voting “nay.” Having been adopted Ordinance No. 2221 was assigned.
Councilman Snell, seconded by Councilmember Meyers, moved to have the Mayor appoint a committee for researching a logo for the City with suggested nominations to the committee submitted by Councilmembers.

Councilman Snell stated that Jack Waters has volunteered to chair this committee. He said that the theme or concepts could be taken to the high schools and/or colleges for design ideas.

The motion carried 8-0.
Councilman Snell, seconded by Councilmember Douglas, moved to approve allowing 27 feet of sidewalk from the driveway to the existing sidewalk on public right-of-way located at 7123 Summit. The motion carried 8-0.

BUSINESS FROM THE FLOOR

a) Accounting of Taxpayers’ Monies.

Darrel TESKE, 6933 Bluejacket, stated that he feels that Ms. Hargis should be given consideration when she requests an accountability of taxpayers’ monies.

STAFF ITEMS

16. CONSIDER AGREEMENT FOR THE CONSTRUCTION OF THE LITTLE MILL CREEK TRAIL WITH THE CITIES OF LENEXA AND SHAWNEE.
17. CONSIDER INTERLOCAL AGREEMENT FOR STORMWATER MANAGEMENT IMPROVEMENT PROJECT, MILL CREEK AT COPEHAVEN SUBDIVISION.
18. CONSIDER INTERLOCAL AGREEMENT FOR STORMWATER MANAGEMENT IMPROVEMENT PROJECT, MILL CREEK AT QUIVIRA ROAD BETWEEN 72ND TERRACE AND 73RD STREET.

19. CONSIDER INTERLOCAL AGREEMENT FOR STORMWATER MANAGEMENT IMPROVEMENT PROJECT, MILL CREEK AT 55TH STREET EAST OF OLD K-7 HIGHWAY.

20. CONSIDER INTERLOCAL AGREEMENT FOR STORMWATER MANAGEMENT IMPROVEMENT PROJECT, TURKEY CREEK AT 57TH STREET AND WESTGATE.
21. CONSIDER INTERLOCAL AGREEMENT FOR STORMWATER MANAGEMENT IMPROVEMENT PROJECT, TURKEY CREEK AT HALSEY, TANGLEWOOD EAST TO 64TH STREET.

22. CONSIDER BIDS FOR POLICE VEHICLES.

23. CONSIDER REAPPOINTMENT TO THE CODE BOARD OF APPEALS.

24. CONSIDER REAPPOINTMENT TO THE FAIR HOUSING COMMITTEE.

25. CONDUCT EXECUTIVE SESSION FOR THE PURPOSE OF RECEIVING ATTORNEY/CLIENT PRIVILEGED COMMUNICATION.

26. CONSIDER APPROVAL OF SEMI-MONTHLY CLAIM FOR AUGUST 28, 1995, IN THE AMOUNT OF $822,351.79.

27. MISCELLANEOUS COUNCIL ITEMS.

a) Monday Night Chiefs Game

Mayor Allen stated that there is a Monday Night Chiefs Game in October and the Council may consider rescheduling the Council meeting.

b) City Auction

Councilmember Teefey suggested that the City Auction be reviewed at the next Finance and Administration Committee meeting when the report is available.

c) Senior Citizen concerns with paying Taxes.

Ms. HARGIS stated that she would like Councilmember Douglas to share a story about a senior citizen who has to borrow money to pay her taxes.

Mayor Allen stated that he understands the concerns of senior citizens with their difficulty in paying their taxes. Ms. HARGIS said that just understanding the concerns does not help these individuals. Mayor Allen said that he is aware of a lot of hardship cases in the community and noted that he has taken personal money to pay for personal property taxes. He noted that the City has made an effort to keep the mill levy down. Ms. HARGIS suggested that the City could take the extra revenues to lower the mill levy. Mayor Allen noted that the City is taking the extra revenues to cover those expenses being incurred with the City’s rapid growth.

Councilmember Goode stated that City only gets a small portion of the taxes and he said he understands the concerns of the senior citizens.

Councilmember Douglas said that for the last four years, since this woman’s husband died, she has had to borrow money to pay her taxes. She noted that there is a source for funding that can help her. Mayor Allen noted that Kansas Homestead can help seniors pay their taxes based on their income. Councilmember Douglas noted that she is in Ward I, and would like the Councilmembers from that ward to meet with her.

ADJOURNMENT

Councilmember Edvalds, seconded by Councilmember Goode, moved to adjourn. The motion carried 8-0, and the meeting adjourned at 8:52 p.m.




__________________________________
Mary Shafer, Recording Secretary
Exhibits:






Prepared By: Sonya Fendorf



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