CITY OF SHAWNEE - DOC 3 by sofiaie

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									                                      CITY OF SHAWNEE
                                   CITY COUNCIL MEETING
                                          MINUTES
                                      JANUARY 24, 2005
                                           7:30 P.M.

Mayor Meyers called the meeting 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, followed
by a moment of silence.

     Councilmembers Present           Staff Present
     Councilmember Goode              City Manager Montague
     Councilmember Kuhn               Deputy City Manager Gonzales
     Councilmember Novosel            City Attorney Rainey
     Councilmember Pflumm             City Attorney E. Rainey
     Councilmember Sandifer           Public Works Director Freyermuth
     Councilmember Sawyer             Finance Director Meyer
     Councilmember Scott              Planning Director Chaffee
     Councilmember Newby              City Engineer Wesselschmidt
       stepped down at 7:37 p.m.      Police Chief Clark
                                      Fire Chief Hudson
                                      Project Engineer Lindstrom

Members of the public who spoke: (Business from the Floor) LISA MONROE, Edwardsville,
Kansas; (Item 15) JOHN CHAMBERLIN, Landplan Engineering, 1600 Genesee, MIKE
UNTERREINER, Hartman & Sons Sentry Hardware, 11018 Johnson Drive.

CONSENT AGENDA

1.        APPROVE MINUTES FROM THE CITY COUNCIL MEETING OF JANUARY
          10, 2005.

2.        REVIEW MINUTES FROM THE PLANNING COMMISSION MEETING OF
          JANUARY 3, 2005.

3.        REVIEW MINUTES FROM THE BOARD OF ZONING APPEALS MEETING
          OF DECEMBER 16, 2004.

4.        CONSIDER RENEWAL OF MASSAGE ESTABLISHMENT PERMIT.

          Consider renewal of a Massage Establishment Permit for Shay-Belle’s, at 22736
          Midland, through December 2005. The Date the Original License was issued by the City
          of Shawnee was August 2003.

5.        CONSIDER STREETLIGHT PLACEMENT AT 6415 WOODSTOCK AVENUE
          IN COPEN HAVEN SUBDIVISION.
PAGE 2                                 CITY COUNCIL MINUTES                        JANUARY 24, 2005

         Engineering staff has investigated and determined that a streetlight at this location was
         unintentionally removed during the construction of a storm sewer along the roadway. The
         annual lease rate for this light will be $99.72.

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

MAYOR’S ITEMS

a)       Proclamation.

         Mayor Meyers presented a Proclamation proclaiming January 24, 2005 as Maranatha
         Academy Boys Soccer Team Day in the City of Shawnee.

b)       Brian Newby, Councilmember, Ward IV.

         Mayor Meyers presented a plaque to Councilmember Newby. He stated that as everyone
         has probably already heard by now, Councilmember Newby is leaving the City Council
         in the City of Shawnee and will assume the position of Johnson County Election
         Commissioner. He stated he believes he can speak for all of those on the Council that
         Councilmember Newby will be missed and they appreciate all his service to the
         community. He wished Councilmember Newby the greatest of luck in his new endeavor.

                The plaque read: Presented to Brian Newby in grateful recognition of his
                three (3) years of outstanding service to the City of Shawnee, City
                Councilmember Ward IV, Chairperson Finance and Administration
                Committee, 2003-2004, Chairperson Public Works and Safety Committee
                2004-2005.

         Councilmember Newby thanked his fellow Councilmembers, City Manager Montague,
         City Attorney Rainey, Deputy City Manager Gonzales, and all the City staff for their
         leadership. He thanked the City’s citizens and noted that some people have attended
         nearly every meeting since he began his seat on the Council. He stated when he came to
         the Council three years ago, he was really focused on Shawnee’s long-term viability and
         that was really his main goal. He stated that he is proud to say that in these three years,
         he is leaving Ward IV a better place than when he initially came on board. He stated the
         great thing is that for each person currently sitting on the Council and whenever it is their
         time to move on as well, they will be able to say the same thing about their wards and the
         City. He stated he believes the staff members will be able to say the same thing as well.
         He stated that he believes Shawnee is very fortunate to have the cadre of leadership that it
         has in this group and he is honored and proud to have been a part of it.

         Mayor Meyers presented Councilmember Newby with a key to the City and a replica of
         the Shawnee entryway sign.

         Councilmember Newby stepped down from the Shawnee City Council at 7:37 p.m.
PAGE 3                                CITY COUNCIL MINUTES                         JANUARY 24, 2005

         Mayor Meyers stated it has been well publicized that the City is accepting resumes from
         City residents from Ward IV who are interested in the appointment to finish out
         Councilmember Newby’s term. He stated this opportunity will remain open until
         February 4, 2005 at 12:00 p.m.

PUBLIC ITEMS

6.       CONDUCT A PUBLIC HEARING TO CONSIDER AN ORDINANCE
         PROVIDING FOR THE VACATION OF PUBLIC UTILITY EASEMENTS ON
         LOTS 2 AND 16 IN PERIMETER PARK, SAV-04-006, KRAFT TOOL.

         Mayor Meyers stated that Ronald G. Meyer has submitted a petition on behalf of Kraft
         Tool to vacate two 10-foot wide utility easements. The vacation is being requested to
         allow the expansion of the existing Kraft Tool facility.

         Councilmember Goode, seconded by Councilmember Sandifer, moved to conduct a
         public hearing to consider an ordinance to provide the vacation of two 10-foot wide
         public utility easements on Lots 2 and 16 in Perimeter Park, SAV-04-006, subject to the
         petition submitted by Ronald G. Meyer on behalf of Kraft Tool to allow for the expansion
         of the existing Kraft Tool facility. The motion carried 7-0.

         City Engineer Wesselschmidt stated that Kraft Tool out at Perimeter Park Business Park
         has an existing building on Lot 2. He stated they wish to expand their business and more
         than double the size of their building and business by acquiring Lot 16 and expanding
         that building to the north. He stated with the way the lots were platted in the subdivision,
         there was a utility easement between Lot 2 and Lot 16. He stated there are no utilities in
         that easement so in order for Kraft Tool to build a building over that property line, they
         would need to have that easement vacated. He stated that they have presented a petition
         to vacate the utility easement. He stated the notice was placed in the newspaper on
         Wednesday, December 29, 2004, advertising a public hearing regarding this utility
         easement. He stated they have heard from all of the utilities, except for SBC, but it has
         been confirmed that there are no utilities in that easement. He stated the bottom line is
         that there are no objections to vacating this utility easement.

         Councilmember Sawyer, seconded by Councilmember Pflumm, moved to conclude the
         public hearing. The motion carried 7-0.

         Councilmember Goode, seconded by Councilmember Pflumm, moved to pass an
         ordinance to provide the vacation of two 10-foot wide public utility easements on Lots 2
         and 16 in Perimeter Park, SAV-04-006, subject to the petition submitted by Ronald G.
         Meyer on behalf of Kraft Tool to allow for the expansion of the existing Kraft Tool
         facility. The motion carried 7-0. Having passed, Ordinance 2752 was assigned.

7.       CONSIDER PASSAGE OF AN ORDINANCE                                  AMENDING CITY
         REGULATIONS AND STANDARDS PERTAINING                              TO STORMWATER
         DETENTION FACILITIES.
PAGE 4                                CITY COUNCIL MINUTES                       JANUARY 24, 2005

         Councilmember Sandifer, seconded by Councilmember Scott, moved to pass an
         ordinance amending City regulations and standards to both the Shawnee Municipal Code
         and the Shawnee Manual of Technical Specifications and Design Criteria, pertaining to
         the design and construction of stormwater detention facilities. The motion carried 7-0.
         Having passed, Ordinance 2753 was assigned.

8.       CONSIDER PASSAGE OF AN ORDINANCE LEVYING THE PARKS AND
         PIPES SALES TAX EXTENSION.

         Mayor Meyers stated that on the election of November 2, 2004, it was voted to continue
         the retailers’ sales tax of .125%, which will take effect on January 1, 2006.

         Councilmember Pflumm, seconded by Councilmember Sawyer, moved to pass an
         ordinance to continue the retailers’ sales tax of .125%, which will take effect on January
         1, 2006. The motion carried 7-0. Having passed, Ordinance 2754 was assigned.

9.       CONSIDER THE FOLLOWING ITEM FROM THE PLANNING COMMISSION
         MEETING OF JANUARY 5, 2004.

         a)     Consider PUD-07-02-09, a planned unit development and rezoning from R-1
                (Single Family Residential) to PMR (Planned Mixed Residential) for a planned
                mixed residential subdivision; and PUD-8-02-09, a revised planned unit
                development and rezoning from R-1 (Single Family Residential) to PMR
                (Planned Mixed Residential) on the southern portion of the site for Grey Oaks, a
                townhome development located on the east side of K-7 Highway within the 22300
                to 23100 blocks of 63rd Terrace. The applicant is requesting that this item be
                tabled to the April 25, 2005 City Council meeting, to allow time for the applicant
                to review an alternate form of development.

                Mayor Meyers stated that the Planning Commission recommended 7-1 that the
                Council approve PUD-7-02-09 and PUD-8-02-09, subject to conditions. Previous
                dates this item was tabled: January 26, 2004; March 22, 2004; April 26, 2004;
                August 9, 2004; October 25, 2004.

                Councilmember Pflumm, seconded by Councilmember Goode, moved to table the
                consideration of PUD-07-02-09, a planned unit development and rezoning from
                R-1 (Single Family Residential) to PMR (Planned Mixed Residential) for a
                planned mixed residential subdivision; and PUD-8-02-09, a revised planned unit
                development and rezoning from R-1 (Single Family Residential) to PMR
                (Planned Mixed Residential) on the southern portion of the site for Grey Oaks, a
                townhome development located on the east side of K-7 Highway within the 22300
                to 23100 blocks of 63rd Terrace, to the April 25, 2005 City Council meeting. The
                motion carried 7-0.

10.      CONSIDER THE FOLLOWING ITEM FROM THE PLANNING COMMISSION
         MEETING OF JANUARY 3, 2005.
PAGE 5                                 CITY COUNCIL MINUTES                        JANUARY 24, 2005

         a)      Consider FP-2-05-01, the final plat for Jayhawk Place, for three lots at 5902
                 Melrose Lane.

                 Mayor Meyers stated that the Planning Commission recommended 10-0 that the
                 Council accept the dedications on FP-2-05-01.

                 Councilmember Goode, seconded by Councilmember Sandifer, moved to accept
                 the dedications on FP-2-05-01, the final plat for Jayhawk Place, for three lots at
                 5902 Melrose Lane, per the Planning Commission’s recommendations listed in
                 the January 24, 2005 staff report. The motion carried 7-0.

BUSINESS FROM THE FLOOR

   a)         Police Department Complaint.

              LISA MONROE, Edwardsville, Kansas, stated she still has part ownership of a home
              in Shawnee and she is going through a divorce and child custody proceedings. She
              stated her issue is regarding the citizen’s tax dollars and the Police Department. She
              stated that her 4-year-old daughter told her that she had been sexually abused by her
              half-brother. She stated she took this issue to the Police Department and they listened
              to the case, but because her daughter would not tell the Police what had happened and
              her daughter would only talk to her, the Police Department told her they needed
              medical proof of what happened. She stated she took this medical proof to the Police
              Department and they told her they did not want to do anything. She stated she spoke
              with Detective Perez, who hung up on her, and that was how their conversation
              ended.

              Councilmember Pflumm asked Ms. Monroe if she contacted Detective Perez’
              superior after he hung up on her.

              LISA MONROE answered no.

              Councilmember Goode asked for what reason was she hung up on.

              LISA MONROE stated Detective Perez did not want to have anything more to do
              with the case. She stated she took it that he did not want to do any work regarding the
              case.

              Councilmember Goode asked Ms. Monroe if Detective Perez told her he did not want
              anything more to do with the case.

              LISA MONROE stated Detective Perez felt it was not enough to bring the case back
              up again. She stated she does not know.

              Councilmember Sandifer asked Ms. Monroe if the crime happened within the city
              limits of Shawnee.

              LISA MONROE answered yes it did.
PAGE 6                                CITY COUNCIL MINUTES                        JANUARY 24, 2005



            Mayor Meyers stated Police Chief Clark is now aware of Ms. Monroe’s complaint
            and it will be entered into record. He stated if Police Chief Clark needs any
            additional information, he will obtain it from Ms. Monroe and look further into the
            matter.

            LISA MONROE stated she would appreciate that, because the City needs to protect
            their children.

            Police Chief Clark exited the courtroom with Ms. Monroe to obtain additional
            information.

STAFF ITEMS

11.      CONSIDER BIDS FOR ELEVEN (11) CITY VEHICLES THROUGH MID
         AMERICA COUNCIL OF PUBLIC PURCHASING (MACPP).

         Mayor Meyers stated that bids were taken by MACPP on September 21, 2004, for the
         2005 vehicle bid. The MACPP bid with options totals $342,151, which includes an
         unbudgeted sedan and patrol vehicle, which are replacements of total loss accidents.

         Councilmember Pflumm, seconded by Councilmember Sawyer, moved to award the bid
         to Mid America Council of Public Purchasing (MACPP) for eleven (11) City vehicles in
         the amount of $342,151. The motion carried 7-0.

12.      CONSIDER QUOTE FOR STANLEY RESCUE TOOL SYSTEM PURCHASE.

         Mayor Meyers stated this equipment is made by Stanley Tools and the sole distributor is
         Steffen Incorporated, Sioux City, Iowa. Their quote of $17,988.59 is below the budgeted
         amount.

         Councilmember Pflumm stated it reads that Steffen Incorporated is the sole distributor.
         He asked if that is nationwide or just in this region.

         Fire Chief Hudson stated that through discussions with Stanley Tools and Steffen
         Incorporated, it was found that Steffen Incorporated is the Midwest regional distributor
         for this particular tool system. He stated there are other locations where this system can
         be purchased, but Steffen Incorporated also sells to those places.

         Councilmember Pflumm stated he wondered if they had a certain region and protected
         boundaries.

         Fire Chief Hudson stated that is how the Fire Department understood it in their talks with
         Steffen, that they are the Midwest distributor for this system, but there are other regions
         in the United States.

         Councilmember Kuhn asked for the estimated time that the Fire Department will actually
         receive the equipment.
PAGE 7                                CITY COUNCIL MINUTES                         JANUARY 24, 2005



         Fire Chief Hudson answered that in anticipation of tonight’s decision, Steffen
         Incorporated have started getting the equipment together to ship as soon as they receive
         an approved purchase order. He stated that he anticipates it will take 10 days to 2 weeks
         to receive the system.

         Councilmember Sawyer, seconded by Councilmember Novosel, moved to accept the
         quote from Steffen Incorporated, Sioux City, Iowa in the amount of $17,988.59, for the
         purchase of a Stanley rescue tool system. The motion carried 7-0.

13.      CONSIDER BIDS FOR SANITARY SEWER IMPROVEMENTS TO SHAWNEE
         MISSION PARKWAY, HALSEY TO PFLUMM ROAD, P.N. 3237a.

         Mayor Meyers stated that bids were received on January 18, 2005.

         Councilmember Sandifer, seconded by Councilmember Pflumm, moved to award the bid
         for sanitary sewer improvements to Shawnee Mission Parkway, Halsey to Pflumm Road,
         P.N. 3237a, to Pyramid Excavating, Shawnee, Kansas, in the amount of $51,650. The
         motion carried 7-0.

14.      CONSIDER BIDS FOR ELECTRICAL SERVICES FOR COMPRESSED
         NATURAL GAS (CNG) FUELING STATION.

         Mayor Meyers stated that bids were received on January 11, 2005.

         Councilmember Sawyer asked where this fueling station will be located.

         Public Works Director Freyermuth answered it will be located at the Public Safety Center
         off of 65th Street and Quivira Road.

         Councilmember Sawyer asked specifically what vehicles will be using this fueling
         station.

         Public Works Director Freyermuth answered that they are doing a pilot project with
         federal funding from Mid America Regional Council (MARC) that will have three (3)
         inspection vehicles. He stated two vehicles will be for building inspection and one
         vehicle will be for engineering inspection. He stated this site is close at 65th and Quivira
         and the cars will normally be parked around City Hall.

         Councilmember Sawyer asked if they will be passenger cars.

         Public Works Director Freyermuth answered there will be two passenger cars and one
         pickup truck. He stated that it is kind of a test program to see how the CNG vehicles
         perform for their type of work.

         Councilmember Pflumm, seconded by Councilmember Goode, moved to award the bid
         for electrical services for a Compressed Natural Gas (CNG) fueling station to Teague
PAGE 8                                CITY COUNCIL MINUTES                        JANUARY 24, 2005

         Electric Construction, Inc., Lenexa, Kansas, in the amount of $12,140. The motion
         carried 7-0.

15.      CONSIDER FINAL PLANS FOR JOHNSON DRIVE AND NIEMAN
         INTERSECTION IMPROVEMENTS AND STREETSCAPE, P.N. 3304.

         Mayor Meyers stated that Landplan Engineering, has submitted the final plans. The total
         estimated construction costs are $1,500,000, and estimated total project costs are
         $2,000,000. The current total budget of $1,995,000, for intersection and streetscape
         items, is partially funded by CDBG ($422,000), Johnson County CARS ($198,000) and
         the remaining ($1,375,000) by the City at Large.

         Councilmember Pflumm, seconded by Councilmember Scott, moved to approve the final
         plans for the Johnson Drive and Nieman intersection improvements and streetscape, P.N.
         3304 at a total estimated construction cost of $1,500,000, with estimated total project
         costs of $2,000,000.

         Councilmember Sawyer stated he wants to place an amendment on the approval, related
         to the one island on the northeast corner of Johnson Drive. He stated he wants to look at
         shortening that ramp and keeping it ADA compliant. He stated that as it is currently
         drawn up, it ends up coming up and the landing is right in front of Hartman Hardware’s
         door. He stated he would like to see that moved back to the west approximately four (4)
         feet. He stated he also believes when the RFP is written for this project, they need to
         make sure that it is specifically spelled out the time frame for each business’ doorways to
         be blocked off, so there is a smooth construction transition. He stated he is not sure if
         everyone is aware of this, as it was presented last week and there are four phases to this
         project. He stated it makes sense to do it in phases.

         Mayor Meyers asked John Chamberlin, Landplan Engineering’s representative, to come
         forward. He asked Mr. Chamberlin if he understood Mr. Sawyer’s concerns about the
         ramp.

         JOHN CHAMBERLIN, Landplan Engineering, answered that he understands
         Councilmember Sawyer’s concerns.

         Mayor Meyers asked if this will be addressed by Landplan.

         JOHN CHAMBERLIN answered it will be looked into.

         Mayor Meyers stated he wanted to make sure that Landplan was not going to come back
         and tell the Council that this is how something has to be done.

         JOHN CHAMBERLIN stated the only thing definite is in terms of ADA accessibility
         along the north side of Johnson Drive as it is a necessity to have a ramp located there. He
         stated they are more than willing to look at other options and what they might be able to
         do in order to reduce the length of the ramp down and remove the ramp landing from the
         front of the door at Hartman’s Hardware.
PAGE 9                                CITY COUNCIL MINUTES                         JANUARY 24, 2005

         Councilmember Pflumm asked if before an amendment is made, if the entire Downtown
         Partnership is on board with moving the ramp.

         Councilmember Sawyer stated he is pretty sure they are.

         JOHN CHAMBERLIN stated this is basically a minor change to the plan that the
         Downtown Partnership has already reviewed. He stated it is merely tweaking a small
         area of the plan to try to accommodate access at one doorway.

         Councilmember Sawyer stated he met with Mike Unterreiner and David Morris and they
         understand that the ramp is needed in the worst way. He stated that they also need to be
         cognizant of Hartman Hardware’s business and he thinks moving this 4 to 5 feet to the
         west would work out well.

         Councilmember Goode asked Mike Unterreiner if this stipulation suited him.

         MIKE UNTERREINER, Hartman & Sons Sentry Hardware, 11018 Johnson Drive,
         answered yes.

         Councilmember Pflumm, seconded by Councilmember Scott, moved to amend the
         motion to approve the final plans for the Johnson Drive and Nieman intersection
         improvements and streetscape, P.N. 3304, at a total estimated construction cost of
         $1,500,000, with estimated total project costs of $2,000,000, and move the island located
         in front of Hartman Hardware’s doorway back to the west at least four (4) feet. The
         motion carried 7-0.

16.      CONSIDER 2005/2006            HEALTH,       DENTAL,       AND      LIFE     INSURANCE
         RENEWALS.

         Mayor Meyers stated that May 1st is the annual renewal date for the City's Health, Dental
         and Life Insurance plans.

         Councilmember Goode asked if there are any changes.

         Deputy City Manager Gonzales stated, as she wrote in her attached memo, the staff is
         very pleased with the rates they were presented and the market is obviously coming
         down. She stated they were well below the trend with the health plan. She stated they
         did meet with the City employees and discussed some of the options and they are very
         appreciative of the benefits that the City offers. She stated it was preferred to keep the
         current plan and pay a little more out of the employee’s pockets and keep the City’s
         contribution at the 5.7% increase on the health plan. She stated they also made some
         modifications to the dental plan to control the costs a little better and encourage the
         people to use the network more to save costs for the entire plan, as well as save costs for
         the City in the long run.

         Deputy City Manager Gonzales stated they are very pleased with the renewal this year.
         She stated Connie Frick is present this evening from Aon, along with Ms. Crawford from
PAGE 10                            CITY COUNCIL MINUTES                     JANUARY 24, 2005

       Human Resources. She stated they have worked very hard on this and are pleased with
       the outcome.

       Councilmember Goode stated he is elated with how this turned out.

       Councilmember Sandifer, seconded by Councilmember Scott, moved to approve
       renewing the current HMO and POS plans with UHC (United Health Care) at a projected
       premium cost of $315.47/month for single coverage and $870.15/month for family
       coverage; with the City paying 100% of the premium for single coverage and
       approximately 90% of the cost for family coverage ($781.95/month) and employees
       carrying 10% of the cost ($88.20/month); and renewing dental insurance with MetLife,
       but with different plan benefit level for major out-of-network services, with the City
       paying 100% of the single premium at $26.86/month for single coverage, and also
       $26.86/month toward family coverage, and employee paying $55.53 for family coverage;
       and, renewing the current life insurance program through MetLife at the current rates
       with the City continuing to pay 100% of this benefit.. The motion carried 7-0.

MISCELLANEOUS ITEMS

17.    CONSIDER APPROVAL OF SEMI-MONTHLY CLAIM FOR JANUARY 24,
       2005, IN THE AMOUNT OF $1,820,884.26.
       Councilmember Goode, seconded by Councilmember Pflumm, moved to approve the
       semi-monthly claim for January 24, 2005 in the amount of $1,820,884.26. The motion
       carried 7-0.

18.    MISCELLANEOUS COUNCIL ITEMS.

       There were no miscellaneous Council items.

ADJOURNMENT

Councilmember Goode, seconded by Councilmember Sandifer, moved to adjourn. The motion
carried 7-0, and the meeting adjourned at 7:58 p.m.

Minutes prepared by: Cindy Terrell, Recording Secretary

APPROVED BY:



_________________________________
Carol Gonzales, Deputy City Manager

								
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