CITY OF SHAWNEE

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					CITY OF SHAWNEE CITY COUNCIL MEETING MINUTES SEPTEMBER 28, 1998 7:30 P.M. Council President Severance called the meeting of September 28, 1998, to order at 7:31 p.m. in the Shawnee City Hall Council Chambers. He welcomed the public and all stood and recited the Pledge of Allegiance. Councilmembers Present Councilmember Truitt Councilmember Segale Councilmember Roche Councilmember Goode Councilmember Breitenstein Councilmember Severance Councilmember Douglas Councilmember Snell Absent Mayor Allen Staff Present City Manager Montague City Attorney Rainey Public Works Director Freyermuth Finance Director Meyer Planning Director Chaffee Police Chief Hayselden Fire Chief Hartley Parks and Recreation Director Lodge City Engineer Wesselschmidt Project Engineer Lindstrom Deputy City Clerk Charlesworth

No members of the public spoke. CONSENT AGENDA 1. APPROVE MINUTES SEPTEMBER 14, 1998. FROM THE CITY COUNCIL MEETING OF

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REVIEW MINUTES FROM THE PLANNING COMMISSION MEETING OF SEPTEMBER 8, 1998. REVIEW MINUTES FROM THE BOARD OF ZONING APPEALS MEETING OF AUGUST 20, 1998. REVIEW MINUTES FROM THE PUBLIC WORKS COMMITTEE MEETING OF SEPTEMBER 22, 1998. AND SAFETY

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CONSIDER CHANGE ORDER NO. 3 FOR STORMWATER CHANNEL IMPROVEMENTS ON THE 64TH TERRACE AND HALSEY STORM DRAINAGE PROJECT, P.N. 3212. The contract was awarded to Wilson Plumbing Company, Raytown, Missouri, on March 12, 1998, in the amount of $430,793. This Change Order is for an increase of $11,745.

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Council approved Change Order No. 1 for a net increase of $3,960, and Change Order No. 2 for a net increase of $15,783.50 at the July 13, 1998 City Council meeting. The new contract amount for the project is $462,281.50. 6. CONSIDER CHANGE ORDER NO. 2 (FINAL) FOR MAURER ROAD INTERCHANGE OVER SHAWNEE MISSION PARKWAY, P.N. 3219b. The contract was awarded to Clarkson Construction Company, Kansas City, Missouri, on August 11, 1997, in the amount of $3,375,874.59. This Change Order is for an increase of $5,570.00. Council approved Change Order No. 1 for a net increase of $54,603.25 at the July 13, 1998 City Council meeting. The new contract amount for the project is $3,436,047.84. 7. CONSIDER CHANGE ORDER NO. 1 FOR STORM DRAINAGE IMPROVEMENTS, BETWEEN 57TH STREET AND FLINT AVENUE AND FLINT AVENUE FROM 57TH STREET TO JOHNSON DRIVE, P.N. 3229 & 3230. The contract was awarded to Bob Muehlberger Concrete, Inc., Merriam, on January 12, 1998, in the amount of $247,849.30. This Change Order is for an increase of $21,171.00. The new contract amount for the project is $269,020.30. 8. CONSIDER APPROVAL OF AN AGREEMENT BETWEEN THE CITY OF SHAWNEE AND WATER DISTRICT #1 FOR STORM DRAINAGE IMPROVEMENTS IN COPEN HAVEN SUBDIVISION. This agreement is for the relocation of several water lines in the Copen Haven subdivision for the storm drainage improvement project, P.N. 3209. This project will be funded with County funds of $2,651.25, and the City’s share is $883.75 from General Obligation Bonds. Councilmember Goode, seconded by Councilmember Segale, moved to approve the entire consent agenda. The motion carried 8-0. MAYOR’S ITEMS Council President Severance stated that Bayer Corporation would be donating 15 trees to Old Shawnee Town. PUBLIC ITEMS 9. CONSIDER DISTRICT COURT REMAND ON Z-12-97-8, REZONING REQUEST FOR VANLERBERG COMMERCIAL CENTER, AND PUD-5-97-6, PRELIMINARY DEVELOPMENT PLAN FOR WOODLAND CREEK.

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Council President Severance stated at the August 24, 1998 City Council meeting, Council voted to direct City Legal staff to accept a remand if one was ordered by the Court for Z12-97-8, rezoning request from Residential Suburban (RS) to Commercial Neighborhood (CN) for VanLerberg Commercial Center; and PUD-5-97-6, preliminary development plan for Woodland Creek, a multi-family development in the 5400 block of Woodstock, resulting in zoning change from RS (Residential Suburban) to PMR (Planned Mixed Residential). Councilmember Breitenstein stated staff and Council are currently speaking with both developers and the neighbors to work out a compromise solution. Councilmember Breitenstein, seconded by Councilmember Segale, moved to table the discussion of Z-12-97-8, rezoning request from Residential Suburban (RS) to Commercial Neighborhood (CN) for VanLerberg Commercial Center; and PUD-5-97-6, preliminary development plan for Woodland Creek, a multi-family development in the 5400 block of Woodstock, resulting in zoning change from RS (Residential Suburban) to PMR (Planned Mixed Residential), to the October 26, 1998 City Council meeting. The motion carried 8-0. 10. CONSIDER THE FOLLOWING ITEM FROM THE PLANNING COMMISSION MEETING OF SEPTEMBER 8, 1998. a) Consider Request for a Special Use Permit for Burdolski Auto Werks. Council President Severance stated that the Planning Commission recommended 6-0 that Council approve SUP-6-98-9. Councilmember Roche, seconded by Councilmember Goode, moved to approve SUP-6-98-9, special use permit for Burdolski Auto Werks, 11114 W. 60th Street, to allow an expansion of an auto works facility with review in one year, subject to the following conditions: 1. The proposed addition will be constructed in accordance with the approved site plan; Planning Commission concurrence with the parking proposed for the site. Namely that 12 parking stalls will be provided on the site, 13 work bays will be provided inside the building, and 12 spaces at the northwest corner of Barton and 60th Street (24 open parking spaces, plus 13 provided in service bays within the building which totals 37 automobile spaces); In accordance with the original site plan for this site: on-site storage shall be limited to the area within the fenced portion of the lot; is limited to vehicles that are awaiting repair; and is to be of a short term nature. In addition, the off-site parking lot at the northwest corner of Barton and 60th

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Street is specifically for parking employees’ personal automobiles, and is not to be used for storage of cars awaiting repair; 4. Open space fees in the amount of $550.80 (3 cents per square foot) shall be paid prior to issuance of a building permit, as provided by SMC 12.14; and Review of the special use permit in one year.

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The motion carried 8-0. 11. CONSIDER SIGN VARIANCE REQUEST FOR NAOMI’S HALLMARK. Council President Severance stated that this item is to consider S-170-98-9, sign variance for Naomi’s Hallmark. He said the applicant is requesting to allow a wall sign larger than 5% of the total area of the front elevation, and to change the color scheme for the trademark of Hallmark Cards. Planning Director Chaffee stated that the applicant requests two variances from the Sign Ordinance. He said the first variance is to allow a wall sign larger than 5% of the total area of the front elevation. He indicated the maximum size allowable under code without a variance is 74.7 square feet and the applicant is requesting a variance to allow signage of 92.6 square feet. He noted that the second variance is to allow a color other than those specified in the sign scheme for Ten Quivira Plaza. He indicated that the sign standard for Ten Quivira Plaza states that all signs shall have a white face with burgundy border. He stated that the applicant is asking to install a sign with yellow and white lettering with red highlights similar to the sign placed at West Brook Village. He said that the Planning staff had been notified that this is now the trademark for Hallmark Cards. Councilmember Segale asked where the signs on the smaller shops are located as far as the height off the ground. He asked about a sign band. Planning Director Chaffee stated there is a sign band. He noted that Naomi’s Hallmark will be moving to the vacant Osco location. He said the size of the front is larger than what they have currently. Councilmember Segale asked if the shopping center would be doing renovations. Planning Director Chaffee stated Hallmark will be the only business with a facade front. He said they have repainted the teal and pink mansard with the shades of tan and brown. Councilmember Snell, seconded by Councilmember Goode, moved to approve S-170-989, a sign variance for Naomi’s Hallmark, 12108 Shawnee Mission Parkway, to allow a wall sign that is larger than 5% of the total area of the front elevation, and change the color scheme for the trademark of Hallmark Cards, and require that the applicant obtain a

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sign permit prior to its installation. The motion carried 7-1, with Councilmembers Truitt, Segale, Roche, Goode, Breitenstein, Douglas, and Snell voting “aye”, and Councilmember Severance voting “nay”. 12. CONSIDER SIGN VARIANCE REQUEST FOR K-MART. Councilmember Truitt, seconded by Councilmember Snell, moved to approve S-125-987, a sign variance for Big K-Mart, 13110 W. 62nd Terr., Mill Creek Shopping Center, to install a sign with the corporate colors blue and red lettering with yellow highlights, and require that the applicant obtain a sign permit prior to its installation, and repaint the trim cap prior to issuance of a sign permit. The motion carried 7-1, with Councilmembers Truitt, Segale, Roche, Goode, Breitenstein, Douglas, and Snell voting “aye”, and Councilmember Severance voting “nay”. COUNCIL ITEMS 13. CONSIDER SELECTION OF VOTING DELEGATES AND ALTERNATES FOR THE ANNUAL CONGRESS OF CITIES CONFERENCE. Council President Severance stated that the National League of Cities’ annual business meeting will be held Saturday, December 5, 1998, at the Congress of Cities Conference in Kansas City, Missouri. He said that the City is eligible to cast one vote as provided by the NLC’s Bylaws. Councilmember Douglas, seconded by Councilmember Segale, moved to elect Mayor Allen as the voting delegate for the National League of Cities’ annual business meeting, Saturday, December 5, 1998, at the Congress of Cities Conference in Kansas City, Missouri. The motion carried 8-0. Councilmember Douglas, seconded by Councilmember Segale, moved to elect Council President Severance as an alternate voting delegate for the National League of Cities’ annual business meeting, Saturday, December 5, 1998, at the Congress of Cities Conference in Kansas City, Missouri. The motion carried 8-0. 14. CONSIDER THE FOLLOWING ITEMS FROM THE PUBLIC WORKS AND SAFETY COMMITTEE MEETING OF SEPTEMBER 22, 1998. a) Parking Lot Lighting Standards. Chairperson Douglas stated that the Committee recommended 3-0 that Council refer the review of parking lot lighting standards to the Planning Commission with the recommendation of possible changes in accordance with other Johnson County cities.

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Councilmember Douglas, seconded by Councilmember Goode, moved to refer the review of parking lot lighting standards to the Planning Commission with the recommendation of possible changes in accordance with other Johnson County cities. The motion carried 8-0. b) Stepping up Code Enforcement Regulations on Rental Properties. Chairperson Douglas stated that the Committee voted 3-0 to take no action at this time on stepping up Code Enforcement Regulations on rental properties. Councilmember Douglas, seconded by Councilmember Goode, moved to take no action at this time on stepping up Code Enforcement Regulations on rental properties. The motion carried 8-0. c) Engineering Traffic Signal Study, Johnson Drive and Quivira Road. Chairperson Douglas stated that the Committee recommended 3-0 that Council approve changing the left-turn signal at the intersection of Johnson Drive and Quivira Road. Councilmember Douglas, seconded by Councilmember Roche, moved to approve changing the left-turn signal at the intersection of Johnson Drive and Quivira Road to a protective left arrow, allowing left turns only during a left-turn arrow. The motion carried 8-0. d) Engineering Traffic Signal Study, 55th Street and Quivira Road. Chairperson Douglas stated that the Committee recommended 3-0 that Council approve modifying the signal for traffic actuation in all four directions to improve the efficiency of the signal operation at 55th Street and Quivira Road. Councilmember Douglas, seconded by Councilmember Goode, moved to approve modifying the signal for traffic actuation in all four directions to improve the efficiency of the signal operation at 55th Street and Quivira Road. The motion carried 8-0. e) Old Shawnee Town Improvements. Chairperson Douglas stated that the Committee recommended 3-0 that Council approve the 1998 expenditure of funds budgeted for 1999, for painting and improvements to Old Shawnee Town. Councilmember Douglas, seconded by Councilmember Breitenstein, moved to approve the 1998 expenditure of funds budgeted for 1999, for painting and improvements to Old Shawnee Town, and accepting the bid from Moore’s

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Custom Painting, Shawnee, to paint the buildings in Old Shawnee Town at a cost of $29,855.80. The motion carried 8-0. BUSINESS FROM THE FLOOR There was no business from the floor. STAFF ITEMS 15. CONSIDER APPROVAL OF AN ENGINEERING CONSULTANT CONTRACT FOR CONSTRUCTION SERVICES FOR THE NIEMAN ROAD RECONSTRUCTION PROJECT, P.N. 3238 & P.N. 3239. Councilmember Goode, seconded by Councilmember Breitenstein, moved to authorize the Mayor to sign a contract for construction engineering services from George Butler Associates for the Nieman Road reconstruction project, 76th Street to 79th Street and 78th Street east of Nieman Road, P.N. 3238 & 3239, with the developer Block & Company responsible for 29% of the estimated cost of $27,170.00, and the remaining cost estimated at $66,518, funded by the City at Large. The motion carried 8-0. 16. CONSIDER BIDS FOR A THERMAL IMAGING CAMERA FOR THE FIRE DEPARTMENT. Council President Severance stated that bids were received on September 15, 1998, for a thermal imaging camera for the Fire Department. He noted that the bid by Weis Fire & Safety was not the lowest bidder because the other vendors did not meet the specifications. Councilmember Goode, seconded by Councilmember Breitenstein, moved to award the bid to Weis Fire & Safety, Salina, Kansas, for a thermal imaging camera for the Fire Department, in the amount of $25,150. The motion carried 8-0. 17. CONSIDER APPROVAL OF AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF SHAWNEE AND THE CITY OF LENEXA FOR THE IMPROVEMENT TO NIEMAN ROAD, P.N. 3238. Council President Severance stated this agreement is for work to be completed within the Lenexa city limits at 79th Street and Nieman Road. He said the work includes the installation of a traffic signal at 79th Street and Nieman Road and geometric improvements to the intersection, curb, and sidewalk installation/replacement. He noted that the City of Lenexa would be responsible for a maximum of $140,000 for construction and costs associated with the right-of-way acquisition within the Lenexa city limits.

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Councilmember Douglas, seconded by Councilmember Roche, moved to authorize the Mayor to sign an interlocal agreement between the City of Shawnee and the City of Lenexa for the improvements at 79th and Nieman Road, with the City of Lenexa responsible for a maximum of $140,000 for construction and costs associated with the right-of-way acquisition within the Lenexa city limits, and the City of Shawnee responsible for 25% of future maintenance and operation costs of the signal. The motion carried 8-0. APPOINTMENTS 18. CONSIDER APPOINTMENT TO THE BOARD OF ZONING APPEALS. Council President Severance stated that Mayor Allen recommended the appointment of Elbert Calkins to the Board of Zoning Appeals. Councilmember Goode, seconded by Councilmember Severance, moved to appoint Elbert Calkins to the Board of Zoning Appeals, with a term expiring on June 30, 2001. The motion carried 8-0. 19. CONSIDER REAPPOINTMENTS TO THE BOARD OF ZONING APPEALS. Council President Severance stated that Mayor Allen recommended the reappointment of Robert Prosser and Tony Soetaert to the Board of Zoning Appeals. Councilmember Goode, seconded by Councilmember Roche, moved to reappoint Robert Prosser to the Board of Zoning Appeals, with a term expiring on June 30, 2001. The motion carried 8-0. Councilmember Goode, seconded by Councilmember Roche, moved to reappoint Tony Soetaert to the Board of Zoning Appeals, with a term expiring on June 30, 2001. The motion carried 8-0. Councilmember Breitenstein suggested that the City send a thank you letter to Gary Corder, an out-going appointment to the Board of Zoning Appeals, who served on the Board for several years. MISCELLANEOUS ITEMS 20. CONSIDER APPROVAL OF SEMI-MONTHLY CLAIM FOR SEPTEMBER 28, 1998, IN THE AMOUNT OF $768,159.63.00. Councilmember Breitenstein, seconded by Councilmember Goode, moved to approve the semi-monthly claim for September 28, 1998, in the amount of $768,159.63.00. The motion carried 8-0.

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MISCELLANEOUS COUNCIL ITEMS. a) SmartCities Article. Councilmember Douglas stated an article appeared in SmartCities, a Kansas City area magazine, acknowledging Mayor Allen and promoting the City of Shawnee. She asked that the article be framed. b) Excise Tax Meeting. City Manager Montague reminded Council of the Excise Tax meeting with developers and builders that would be held Tuesday, September 29, 1998, 5:30 p.m., at City Hall. Councilmembers Segale, Goode, Snell, Roche, and Severance indicated they would be able to attend the meeting.

ADJOURNMENT Councilmember Goode, seconded by Councilmember Severance, moved to adjourn. The motion carried 8-0, and the meeting adjourned at 7:53 p.m.

____________________________ Sonya Fendorf Recording Secretary


				
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