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					                                    CITY OF SHAWNEE
                                 CITY COUNCIL MEETING
                                        MINUTES
                                     December 28, 1998
                                         7:30 P.M.

Mayor Allen called the meeting of December 28, 1998, to order at 7:30 p.m. in the Shawnee City
Hall Council Chambers. He welcomed the public and all stood and recited the Pledge of
Allegiance.

Councilmembers Present         Staff Present
Councilmember Truitt           City Manager Montague
Councilmember Segale           City Attorney Rainey
Councilmember Roche            Assistant City Attorney Marcia Olberding
Councilmember Goode            Public Works Director Freyermuth
Councilmember Breitenstein     Finance Director Meyer
Councilmember Severance        City Clerk/Human Resources Director Gonzales
Councilmember Douglas          Planning Director Chaffee
                               Police Chief Hayselden
Councilmembers Absent          Fire Marshal Hudson
Councilmember Snell            Parks and Recreation Director Lodge
                               City Engineer Wesselschmidt

Member of the public who spoke was: GREG SMITH, 7920 Westgate Court, Lenexa (Item 8).

CONSENT AGENDA

1.     APPROVE MINUTES FROM THE CITY COUNCIL MEETING OF DECEMBER
       14, 1998.

2.     REVIEW MINUTES FROM THE PLANNING COMMISSION MEETING OF
       DECEMBER 7, 1998.

3.     CONSIDER CHANGE ORDER NO. 2 FOR STORM DRAINAGE IMPROVEMENTS
       IN THE COPEN HAVEN SUBDIVISION.

       The contract was awarded to Site Rite Construction on August 10, 1998, in the amount of
       $754,202. This change order reflects a net increase of $845.68. Change Order No. 1 was for
       a net increase of $1,688.52, and approved on December 14, 1998. The new contract amount
       for the project is $756,736.20.

4.     CONSIDER CEREAL MALT BEVERAGE LICENSE RENEWALS FOR THE SALE
       OF CEREAL MALT BEVERAGES FOR CONSUMPTION ON PREMISES
       THROUGH DECEMBER 1999 FOR THE FOLLOWING BUSINESSES:

                                                                 Date Original License
       Business                     Address                      Issued By City
PAGE 2                                CITY COUNCIL MINUTES                        DECEMBER 28, 1998

         Knights of Columbus           11211 Johnson Dr.               November 1974
         Ming Yuen Chinese Cafe        10815 W. 63rd                   January 1993

5.       CONSIDER CEREAL MALT BEVERAGE LICENSE RENEWALS FOR THE SALE
         OF CEREAL MALT BEVERAGES FOR NON-CONSUMPTION ON PREMISES
         THROUGH DECEMBER 1999 FOR THE FOLLOWING BUSINESSES:
                                                   Date Original License
         Business                Address           Issued By City
         Circle K                7154 Renner Rd.   October 1987
         Cosentino‟s Sun Fresh   12010 W. 63rd St. March 1994
         New Wave Convenience #5 12941 W. 63rd St. December 1992
         New Wave Convenience #7 23200 W. 55th St. November 1994
         Seven Eleven            11023 Johnson Dr. December 1992

6.       CONSIDER NEW CEREAL MALT BEVERAGE LICENSE FOR THE SALE OF
         CEREAL MALT BEVERAGES FOR CONSUMPTION ON PREMISES THROUGH
         DECEMBER 1999 FOR THE FOLLOWING BUSINESS:

         Business                      Address
         Pyramid Pizza                 13211 Shawnee Mission Parkway

7.       CONSIDER CHANGE ORDER NO. 1 (FINAL) FOR THE 1998 STREET CRACK
         SEALING PROGRAM.

         The contract was awarded to Vance Brothers, Inc., Kansas City, Missouri, on October 27,
         1998, in the amount of $30,475. This change order reflects a net increase of $7,679.70. The
         new contract amount for the project is $38,154.70.

Councilmember Segale stated that he had a correction to the December 14, 1998 City Council
minutes. He requested that the following be inserted under Agenda 25f: “Councilmember Segale
stated that he did not agree with every one of the City‟s positions, but he still supports the legislative
program.”

Councilmember Goode, seconded by Councilmember Truitt, moved to approve the entire consent
agenda. The motion carried 7-0.

MAYOR’S ITEMS

There were no Mayor‟s items.

PUBLIC ITEMS

8.       CONSIDER WILD AND EXOTIC ANIMAL DISPLAY PERMIT APPLICATION
         FROM THE PET STOP STORE.

         Mayor Allen stated that Council approved the permit at the October 27, 1998 City Council
         meeting.
DECEMBER 28, 1998                  CITY COUNCIL MINUTES                                  PAGE 3



      Councilmember Goode asked if there had been any problems at the store.

      City Clerk/Human Resources Director Gonzales answered no.

      Councilmember Goode, seconded by Councilmember Roche, moved to approve the wild and
      exotic animal display permit application for the Pet Stop Store at 6218 Nieman Road
      through December 31, 1999, omitting the Plexiglass barrier recommendation.

      Councilmember Truitt expressed a concern about public safety and the possibility that
      someone might put their fingers in the cage and that the barrier is not sufficient.

      GREG SMITH, 7920 Westgate Court, Lenexa, stated he owns and operates the Pet Stop
      store. He asked if Councilmember Truitt had seen the barrier.

      Councilmember Truitt stated she had not but was going on others‟ reports.

      GREG SMITH invited her to the store to view the barrier, a five inch spacing with wire on
      the inside and wire on the outside. He stated that his small finger would not go through that
      space a quarter of an inch and that there was no way that the public could come into contact
      with the animal. MR. SMITH added that the monkey is a lot of fun and that there have been
      no complaints.

      Mayor Allen stated that he has seen the barrier and that there is no way a person could put
      their hand into the space and come into contact with the animal.

      The motion carried 7-0.

9.    CONSIDER THE FOLLOWING ITEMS FROM THE PLANNING COMMISSION
      MEETING OF DECEMBER 7, 1998.

      a)     Consider Final Plat of Greenstone.

             Mayor Allen stated that the Planning Commission recommended 7-0 that the Council
             approve FP-72-98-10.

             Councilmember Truitt, seconded by Councilmember Goode, moved to approve FP-
             72-98-10, the final plat of Greenstone, for three commercial lots at the southwest
             corner of Nieman Road and Shawnee Mission Parkway, subject to the Planning
             Commission‟s recommendations listed in the December 28, 1998 staff report. The
             motion carried 7-0.

      b)     Consider Final Plat of Highland Ridge, 2nd Plat.

             Mayor Allen stated that the Planning Commission recommended 7-0 that the Council
             approve FP-82-98-12.
PAGE 4                             CITY COUNCIL MINUTES                     DECEMBER 28, 1998

              Councilmember Goode, seconded by Councilmember Truitt, moved to approve FP-
              82-98-12, final plat of Highland Ridge, 2nd Plat, for 64 single family lots at 53rd
              Terrace and Old K-7 Highway, subject to the Planning Commission‟s
              recommendations listed in the December 28, 1998 staff report. The motion carried
              6-0-1, with Councilmembers Douglas, Goode, Roche, Segale, Severance, and Truitt
              voting “aye”, and Councilmember Breitenstein abstaining.

         c)   Consider Rezoning Request from Agricultural to Residential Estates and Preliminary
              Plat for Maurer Woods.

              Mayor Allen stated that the Planning Commission recommended 7-0 that the Council
              approve Z-20-98-12 and Pre-Plat-81-98-12.

              Councilmember Roche, seconded by Councilmember Truitt, moved to approve Z-20-
              98-12, rezoning request from AG (Agricultural) to RE (Residential Estates) and Pre-
              Plat 81-98-12, preliminary plat for Maurer Woods, for 17 single family lots at 56th
              Terrace and Maurer Road, subject to the Planning Commission‟s recommendations
              listed in the December 28, 1998 staff report. The motion carried 7-0. Having
              passed, Ordinance 2406 was assigned.

         d)   Consider Special Use permit to allow the operation of the Sonic Drive-in restaurant
              in the Commercial Neighborhood zoning district.

              Mayor Allen stated that the Planning Commission recommended 7-0 that the Council
              approve SUP-10-98-12.

              Councilmember Roche, seconded by Councilmember Truitt, moved to approve SUP-
              10-98-12, special use permit to allow the operation of the Sonic Drive-In restaurant
              in the Commercial Neighborhood zoning district at 5500 Hedge Lane Terrace,
              subject to the Planning Commission‟s recommendations listed in the December 28,
              1998 staff report. The motion carried 7-0.

         e)   Consider Special Use Permit to Allow the Operation of a Used Car Lot in the
              Commercial Highway Zoning District.

              Mayor Allen stated that the Planning Commission recommended 7-0 that the Council
              approve SUP-11-98-12.

              Councilmember Douglas asked if the landscaping plans were worked out on this
              item.

              Planning Director Chaffee stated that the plans are completed and that plants are
              scheduled to be in place by April 1, 1999.

              Councilmember Douglas, seconded by Councilmember Goode, moved to approve
              SUP-11-98-12, special use permit to allow the operation of a used car lot in the
              Commercial Highway zoning district at 10900 Shawnee Mission Parkway for
DECEMBER 28, 1998                 CITY COUNCIL MINUTES                                  PAGE 5

             Integrity Auto Group, Inc. (formerly K. C. Cars), subject to the Planning
             Commission‟s recommendations listed in the December 28, 1998 staff report. The
             motion carried 7-0.

10.   CONSIDER REVIEW OF PREVIOUSLY APPROVED SIGN VARIANCE FOR
      WESTGLEN CENTER.

      Planning Director Chaffee reviewed the previously approved sign variance for WestGlen
      Center.

      Councilmember Goode, seconded by Councilmember Truitt, moved to renew the sign
      variance for WestGlen Center to allow the construction of a pole sign.

      Councilmember Breitenstein asked if this sign was approved before the sign code changed,
      excluding pole signs.

      Planning Director Chaffee stated yes.

      Councilmember Breitenstein stated that she wanted to clarify that approval of this item
      would not open the door for other businesses to have pole signs, because the City has been
      systematically removing those signs.

      Planning Director Chaffee stated that, in this case, the City required the sign base to be
      modified to meet the standards for a „monument‟ sign rather than a pole sign. He stated that
      Council may see some other requests to convert existing pole signs to meet monument sign
      standards.

      The motion carried 7-0.

COUNCIL ITEMS

11.   CONSIDER THE FOLLOWING ITEMS FROM THE PUBLIC WORKS AND
      SAFETY COMMITTEE MEETING OF DECEMBER 22, 1998.

      a)     Request from the Barn Players to Reduce the Rental Rates for Use of Town Hall.

             Chairperson Douglas stated that the Committee recommended 4-0 that Council
             approve reducing the rental rates for use of Town Hall at Old Shawnee Town by the
             Barn Players.

             Councilmember Douglas, seconded by Councilmember Goode, moved to approve
             the request from the Barn Players to reduce the rental rate to $300.00 for the use of
             Town Hall, October 24 - October 31, 1999. The motion carried 6-1, with
             Councilmembers Breitenstein, Douglas, Goode, Roche, Segale, and Severance voting
             “aye”, and Councilmember Truitt voting “nay”.

BUSINESS FROM THE FLOOR
PAGE 6                                CITY COUNCIL MINUTES                      DECEMBER 28, 1998



There was no business from the floor.

STAFF ITEMS

12.      CONSIDER APPROVAL OF AN ENGINEERING DESIGN SERVICE CONTRACT
         FOR PHASE 2 AND PHASE 3 OF THE SHAWNEE MISSION PARKWAY
         WIDENING PROJECT, P. N. 3185 AND P.N. 3237.

         Councilmember Goode, seconded by Councilmember Breitenstein, moved to approve an
         engineering design service contract with George Butler Associates for the Shawnee Mission
         Parkway widening project that includes Phase 2, Jaycee to Halsey, P.N. 3185; and Phase 3,
         Halsey to Pflumm Road, P.N. 3237; with the cost for Phase 2 as follows: City - $277,113,
         Federal funds - $1,325,000, and CARS funds - $532,500 (estimated total project cost at
         $4,755,000); and the cost for Phase 3 with the City‟s estimated cost at $393,673, with staff
         researching outside funding (estimated total project cost at $8,878,000). The motion carried
         7-0.

13.      CONSIDER APPROVAL OF AN INTERLOCAL AGREEMENT BETWEEN THE
         CITY OF SHAWNEE AND JOHNSON COUNTY FOR STORMWATER
         DRAINAGE IMPROVEMENTS NEAR THE 5300 BLOCK OF BARKER ROAD,
         P.N. 3226.

         Councilmember Breitenstein, seconded by Councilmember Segale, moved to approve an
         interlocal agreement between the City of Shawnee and Johnson County for stormwater
         drainage improvements near the 5300 block of Barker Road, P.N. 3226, with the total cost of
         the project at $79,000, with the County funding $55,000, and the City‟s estimated cost at
         $24,000. The motion carried 7-0.

14.      CONSIDER APPROVAL OF REAL ESTATE SALE CONTRACT BETWEEN THE
         CITY OF SHAWNEE AND KANSAS CITY ANALYTICAL SERVICES, INC.

         Councilmember Truitt, seconded by Councilmember Douglas, moved to authorize the
         Mayor to sign a Real Estate Contract between the City of Shawnee and Kansas City
         Analytical Services, Inc. for the sale of the old Public Works building site on Rosehill Road.
         The motion carried 7-0.

         City Attorney Rainey stated that the City does not have the signed contract back yet. He said
         that he was told by Kansas City Analytical Services‟ attorney that the company has some
         insignificant language changes, but he believes the contract will be worked out.

MISCELLANEOUS ITEMS

15.      CONSIDER APPROVAL OF SEMI-MONTHLY CLAIM FOR DECEMBER 28, 1998,
         IN THE AMOUNT OF $650,269.60.
DECEMBER 28, 1998                CITY COUNCIL MINUTES                               PAGE 7

      Councilmember Goode, seconded by Councilmember Roche, moved to approve the semi-
      monthly claim for December 28, 1998, in the amount of $650,269.60. The motion carried 7-
      0.

16.   MISCELLANEOUS COUNCIL ITEMS.

      There were no miscellaneous Council items.

ADJOURNMENT

Councilmember Goode, seconded by Councilmember Douglas, moved to adjourn the meeting. The
motion carried 7-0, and the meeting adjourned at 7:44 p.m.




_____________________________
Nancy Williams
Recording Secretary

				
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