CITY OF SHAWNEE - DOC 12

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					                                   CITY OF SHAWNEE
                                CITY COUNCIL MEETING
                                       MINUTES
                                    JANUARY 8, 2007
                                        7:30 P.M.

In the absence of Mayor Meyers, Council President Sawyer called the meeting 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, followed by a moment of silence.

 Councilmembers Present         Staff Present
 Councilmember Distler          City Manager Gonzales
 Councilmember Goode            Assistant City Manager Charlesworth
 Councilmember Kuhn             Deputy City Clerk Powell
 Councilmember Pflumm           City Attorney Rainey
 Councilmember Sandifer         Assistant City Attorney Rainey
 Councilmember Sawyer           Public Works Director Freyermuth
 Councilmember Scott            City Engineer Wesselschmidt
 Councilmember Straub           Fire Chief Hudson
                                Police Chief Clark
                                Finance Director Kidney
                                Parks and Recreation Director Holman
                                Chief Codes Administrator Thompson
                                Deputy Police Chief Morgan
                                Information Systems Director Doherty
 Absent                         Senior Project Engineer Schnettgoecke
 Mayor Meyers                   Deputy Parks and Recreation Director Lecuru

Members of the public who spoke: (Item 25b) CINDY ASHBY, President, Monticello
Historical Society; (Item 26) NANCY HOLMES, Full Bright Sign and Lighting, Eudora,
Kansas.

CONSENT AGENDA

1.     APPROVE MINUTES FROM THE SPECIAL CITY COUNCIL MEETING OF
       DECEMBER 19, 2006.

2.     APPROVE MINUTES FROM THE PUBLIC WORKS                               AND    SAFETY
       COMMITTEE MEETING OF DECEMBER 19, 2006.

3.     REVIEW MINUTES FROM THE PLANNING COMMISSION FOR DECEMBER
       18, 2006.

4.     APPROVE MINUTES FROM THE CITY COUNCIL MEETING OF DECEMBER
       11, 2006.
PAGE 2                               CITY COUNCIL MINUTES                       JANUARY 8, 2007


5.       REVIEW MINUTES FROM THE PLANNING COMMISSION FOR DECEMBER
         4, 2006.

6.       REVIEW MINUTES FROM THE PARKS AND RECREATION ADVISORY
         BOARD OF NOVEMBER 2, 2006.

7.       CONSIDER APPROVAL OF MASSAGE ESTABLISHMENT LICENSE
         RENEWAL FOR PATRICIA STUART FOR BETWEEN U AND NYC LOCATED
         AT 13402 WEST 62ND TERRACE.

         Patricia Stuart is requesting approval of a Massage Establishment License renewal for
         Between U and NYC at 13402 West 62nd Terrace through December 31, 2007.

8.       CONSIDER APPROVAL OF MASSAGE ESTABLISHMENT LICENSE
         RENEWAL FOR TERRIE BURNLY FOR SOUND MIND AND BODY LOCATED
         AT 12402 WEST 62ND TERRACE.

         Terrie Burnly is requesting approval of a Massage Establishment License renewal for
         Sound Mind and Body at 12402 West 62nd Terrace through December 31, 2007.

9.       CONSIDER APPROVAL OF MASSAGE ESTABLISHMENT LICENSE
         RENEWAL FOR EVELYN KLINDT FOR COLOROOM LOCATED AT 7397
         QUIVIRA.

         Evelyn Klindt is requesting approval of a Massage Establishment License renewal for
         Coloroom at 7397 Quivira through December 31, 2007.

10.      CONSIDER APPROVAL OF MASSAGE ESTABLISHMENT LICENSE
         RENEWAL FOR ANABELLE DAVILA FOR SHAY-BELLE'S LOCATED AT
         22736 MIDLAND DRIVE.

         Anabelle Davila is requesting approval of a Massage Establishment License renewal for
         Shay-Belle's at 22736 Midland Drive through December 31, 2007.

11.      CONSIDER A RESOLUTION AUTHORIZING THE CHIEF OF POLICE TO
         SIGN A STATEMENT OF WORK RELATED TO INTERGRAPH AND
         IMPLEMENTATION OF A COMPUTER AIDED DISPATCH SYSTEM
         INVOLVING THE CITY OF OVERLAND PARK AND INTERGRAPH.

         The Shawnee City Council approved Intergraph Computer Aided Dispatch (CAD) for the
         Shawnee Police Department in the 2006 budget. Intergraph was not implemented in 2006
         due to expected software upgrades that were completed in late 2006. The attached
         Statement of Work (SOW) must be approved before implementation can begin. A memo
         from staff and a resolution authorizing the Police Chief to approve the SOW are included
         for review.
PAGE 3                               CITY COUNCIL MINUTES                        JANUARY 8, 2007


         Having been adopted, Resolution 1507 was assigned.

12.      CONSIDER RESOLUTION FOR THE ENLARGEMENT OF CONSOLIDATED
         MAIN SEWER DISTRICT FOR PROPERTY AT 4980 OLD K7 HIGHWAY,
         FROM LANDOWNERS DOUGLAS AND SANDRA DUVALL.

         Having been adopted, Resolution 1508 was assigned.

13.      CONSIDER RESOLUTION FOR THE ENLARGEMENT OF CONSOLIDATED
         MAIN SEWER DISTRICT FOR PROPERTY IN THE VICINITY BETWEEN
         75TH STREET AND WEST 83RD STREET AND MONTICELLO ROAD AND
         WOODLAND ROAD.

         Having been adopted, Resolution 1509 was assigned.

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

MAYOR'S ITEMS

14.      There were no mayor’s items.

APPOINTMENTS

15.      CONSIDER   APPOINTMENT                 TO      THE      SHAWNEE          DOWNTOWN
         PARTNERSHIP.

         Council President Sawyer stated that the Shawnee Downtown Partnership voted to
         recommend that Greg Kindle be appointed to the Shawnee Downtown Partnership.

         Councilmember Pflumm, seconded by Councilmember Goode, moved to approve the
         appointment of Greg Kindle to the Shawnee Downtown Partnership with a term expiring
         on January 8, 2010. The motion carried 8-0.

PUBLIC ITEMS

16.      CONSIDER INTERLOCAL AGREEMENT BETWEEN THE CITY OF
         SHAWNEE AND JOHNSON COUNTY AND APPROVE FUNDING FOR THE
         OPERATION OF CITYRIDE.

         Council President Sawyer stated that in 2006, the Mayor appointed a task force to explore
         the possibility of a senior transportation service. The task force has been meeting since
         March 2006 and has created a bus route with service beginning February 20, 2007. Prior
         to implementation, the City must approve an Interlocal Agreement with Johnson County
         and authorize funding for the program.
PAGE 4                                CITY COUNCIL MINUTES                        JANUARY 8, 2007


         Councilmember Goode, seconded by Councilmember Sandifer, moved to authorize the
         Mayor to sign the Interlocal Agreement with Johnson County and approve funding for
         the implementation of CityRide.

         Council President Sawyer thanked the task force and noted some on that force were in
         attendance. Unfortunately, Mary Markle is in rehab at the Sweet Life of Rosehill. Mary
         is the citizen who brought this idea forward to him and he was very glad to bring this
         proposal to the Council and glad the Mayor appointed a task force to get this very
         important thing added to the City of Shawnee. He asked the members of the task force to
         stand and be recognized.

         Therefore the motion read:

         Councilmember Goode, seconded by Councilmember Sandifer, moved to authorize the
         Mayor to sign the Interlocal Agreement with Johnson County and approve funding for
         the implementation of CityRide. The motion carried 8-0.

ITEMS FROM THE PLANNING COMMISSION MEETING OF DECEMBER 04, 2006

17.      CONSIDER APPROVAL OF FP-36-06-12, FINAL PLAT FOR HERRINGTON
         PARK, 4TH PLAT, (2 LOTS), 6500 BLOCK OF LAKECREST.

         Council President Sawyer stated that the Planning Commission voted 10-0 to recommend
         the City Council accept the dedications on FP-35-06-12, final plat for Herrington Park, (2
         Lots), for a 48-unit, multi-family residential subdivision, generally located in the 6500
         block of Lakecrest, subject to the conditions listed in the staff report.

         Councilmember Straub asked Planning Director Chaffee for the number of total units.

         Planning Director Chaffee replied there will be 48 units in this phase of Herrington Park
         – duplexes and tri-plexes.

         Councilmember Straub asked if these are rental units.

         Planning Director Chaffee answered yes.

         Councilmember Pflumm, seconded by Councilmember Scott, moved to accept the
         dedications on FP-36-06-12, final plat for Herrington Park, 4th Plat, (2 Lots), 6500 block
         of Lakecrest, as per the Planning Commission’s recommendations listed in the December
         4, 2006 staff report. The motion carried 8-0.

ITEMS FROM THE PLANNING COMMISSION MEETING OF DECEMBER 18, 2006

18.      CONSIDER APPROVAL OF SUP-10-01-12, SPECIAL USE PERMIT REVIEW,
         VERIZON WIRELESS, 17100 BLOCK OF W. 53RD STREET.
PAGE 5                                CITY COUNCIL MINUTES                         JANUARY 8, 2007


         Council President Sawyer stated that the Planning Commission voted 10-0 to recommend
         that the City Council extend SUP-10-01-12, a special use permit to allow a 120-foot
         monopole communications tower, in the AG (Agricultural) zoning district, located in the
         17100 block of W. 53rd Street, subject to the conditions as listed in the staff report.

         Councilmember Pflumm, seconded by Councilmember Goode, moved to renew SUP-10-
         01-12, a Special Use Permit to allow a 120-foot monopole communications tower, in the
         AG (Agricultural) zoning district for Verizon Wireless, 17100 block of W. 53rd Street, as
         per the Planning Commission’s recommendations listed in the December 18, 2006 staff
         report. The motion carried 8-0.

19.      CONSIDER APPROVAL OF SUP-8-03-11, SPECIAL USE PERMIT REVIEW,
         WESTAR SHAWNEE OPERATIONS CENTER, 23505 W. 86TH STREET.

         Council President Sawyer stated that the Planning Commission voted 10-0 to recommend
         that the City Council extend SUP-8-03-11, a Special Use Permit to allow the construction
         of a 180-foot lattice telecommunications tower, in the PI (Planned Industrial) zoning
         district, located at 23505 W. 86th Street, subject to the conditions as listed in the staff
         report.

         Councilmember Pflumm, seconded by Councilmember Sandifer, moved to renew SUP-8-
         03-11, Special Use Permit Westar to allow the construction of a 180-foot lattice
         telecommunications tower, in the PI (Planned Industrial) zoning district for Shawnee
         Operations Center, 23505 W. 86th Street, as per the Planning Commission’s
         recommendations listed in the December 18, 2006 staff report. The motion carried 8-0.

20.      CONSIDER APPROVAL OF SUP-10-92-11, SPECIAL USE PERMIT REVIEW,
         JOHNSON COUNTY WASTEWATER, MILL CREEK WASTEWATER
         TREATMENT PLANT, IN THE PI (PLANNED INDUSTRIAL) ZONING
         DISTRICT, 20001 W. 47TH STREET.

         Council President Sawyer stated that the Planning Commission voted 10-0 to recommend
         that the City Council extend SUP-10-92-11, a Special Use Permit to allow Johnson
         County Wastewater District to continue the operation of the Mill Creek Regional
         Wastewater Treatment Plant located at 20001 West 47th Street, subject to the conditions
         as listed in the staff report. As a result of a required odor control study, a condition of
         approval was added to install a carbon activated filtering system to minimize hydrogen
         sulfide odors from the treatment plant.

         Councilmember Kuhn asked with regard to the water treatment plant special use permit,
         if this will be renewed annually or moved into the three year review process.

         Planning Director Chaffee replied the Planning Commission recommended going to 18
         months for review on this particular permit, because that was the length of time they
         indicated it would take for the carbon activated system to be installed in the plant and
         give it time to go to make sure the system worked in the reduction of odor, as indicated in
PAGE 6                                CITY COUNCIL MINUTES                         JANUARY 8, 2007


         the required Odor Control Report. He stated it will then go on to a four-year cycle,
         perhaps even longer since it is a utility.

         Councilmember Pflumm asked if they are going 18 months from today.

         Planning Director Chaffee replied yes, it will be 18 months from today to allow them
         time to get it in.

         Councilmember Kuhn stated she knows initially when the City had some of the odor
         studies performed, one concern that came out was some uncapped vent areas that had
         contributed to a significant amount of the odor, especially around the softball fields. She
         asked if the City received a positive partnership in getting those done.

         Planning Director Chaffee replied that those were capped right around the same time that
         Deffenbaugh was doing their odor study and did their carbon activated system, so they
         have been capped for about 1 ½ years and have done well.

         Councilmember Pflumm, seconded by Councilmember Goode, moved to renew SUP-10-
         92-11, Special Use Permit to allow Johnson County Wastewater District to continue the
         operation of the Mill Creek Regional Wastewater Treatment Plant located in the PI
         (Planned Industrial) zoning district, 20001 W. 47th Street, as per the Planning
         Commission’s recommendations listed in the December 18, 2006 staff report. The
         motion carried 8-0.

21.      CONSIDER APPROVAL OF SUP-13-06-12, SPECIAL USE PERMIT, BRIGHT
         BABIES DAYCARE, 6017 BROWNRIDGE.

         Council President Sawyer stated that the Planning Commission voted 10-0 to recommend
         that the City Council approve SUP-13-06-12, a Special Use Permit for Bright Babies
         Daycare, a daycare with up to twelve (12) children as a home occupation, in the PSF
         (Planned Single Family) zoning district, located at 6017 Brownridge, subject to the
         conditions as listed in the staff report.

         Councilmember Pflumm, seconded by Councilmember Sandifer, moved to approve SUP-
         13-06-12 a Special Use Permit for Bright Babies Daycare to keep up to twelve (12)
         children as a home occupation, in the PSF (Planned Single Family) zoning district located
         at 6017 Brownridge, as per the Planning Commission’s recommendations listed in the
         December 18, 2006 staff report. The motion carried 8-0.

22.      CONSIDER AN ORDINANCE AMENDING CHAPTERS 16 AND 17,
         SUBDIVISION AND ZONING REGULATIONS, OF THE SHAWNEE
         MUNICIPAL CODE.

         Council President Sawyer stated that the Planning staff and the City Attorney have begun
         a comprehensive review of the subdivision and zoning regulations. It is expected that
         amendments will be undertaken over the next several months in groups. Each will be
PAGE 7                              CITY COUNCIL MINUTES                       JANUARY 8, 2007


         considered individually to allow the most important changes to be implemented
         immediately and to allow time for others to follow. The Planning Commission voted 10-0
         to recommend that the City Council approve the proposed text amendments to Chapter
         16, Subdivision Regulations and Chapter 17, Zoning Regulations, of the Shawnee
         Municipal Code.

         Councilmember Goode, seconded by Councilmember Kuhn, moved to pass an ordinance
         amending Chapters 16 and 17, Subdivision and Zoning Regulations, of the Shawnee
         Municipal Code. The motion carried 8-0. Having passed, Ordinance 2833 was assigned.

COUNCIL ITEMS

ITEMS FROM THE PUBLIC WORKS & SAFETY COMMITTEE MEETING OF
TUESDAY, DECEMBER 19, 2006

23.      CONSIDER REVISIONS              TO     PS-3,   EQUAL       OPPORTUNITY          AND
         NONDISCRIMINATION.

         Councilmember Kuhn stated that Policy Statement No. 3 (PS-3) was originally approved
         in 1976. It outlines the City's Equal Employment Opportunity and Nondiscrimination
         policies and procedures. The Public Works and Safety Committee recommend 4-0 that
         the City Council approve revisions to PS-3.

         Councilmember Pflumm, seconded by Councilmember Scott, moved to approve the
         revisions to Policy Statement No. 3 (PS-3), the City’s Equal Opportunity and
         Nondiscrimination policies and procedures. The motion carried 8-0.

24.      CONSIDER AN ORDINANCE AMENDING CHAPTER 15.28 OF THE
         SHAWNEE MUNICIPAL CODE REGARDING PROHIBITION AND
         ABATEMENT OF UNSAFE OR DANGEROUS STRUCTURES.

         Councilmember Kuhn stated that Chapter 15.28 of the Shawnee Municipal Code adopts
         the Uniform Code for the Abatement of Dangerous Buildings, 1973 Edition. This
         ordinance was adopted March 21, 1975. The Chapter is outdated and conflicts with
         procedures outlined in the state statutes. The Public Words and Safety Committee
         recommended 4-0 that the City Council approve the Dangerous Building Abatement
         Ordinance.

         Councilmember Pflumm, seconded by Councilmember Scott, moved to pass an ordinance
         amending Chapter 15.28 of the Shawnee Municipal Code regarding Prohibition and
         Abatement of Unsafe or Dangerous Structures. The motion carried 8-0. Having passed,
         Ordinance 2835 was assigned.
PAGE 8                                 CITY COUNCIL MINUTES                         JANUARY 8, 2007


25.      DISCUSSION OF PARK AND POOL NAMES.

         Councilmember Kuhn stated that the City has two new parks and a new pool that need to
         be named. Staff presented recommendations from the Parks and Recreation Advisory
         Board to the Committee. A memo from staff that includes information from the
         Monticello Historical Society and Jim Allen is included for review. Members from the
         Monticello Historical Society will be at the Council meeting.

         Councilmember Kuhn stated that the Public Works and Safety Committee recommended
         the City Council name the new pool located in the John Lynch Park, Splash Cove at the
         James Allen Aquatic Center, the park located at 79th & Monticello, Monticello Springs
         Park; and, the park located at King Avenue and 58th Street, Sister Cities Park.

         Councilmember Scott, seconded by Councilmember Sandifer, moved to approve the
         name of the new pool located in John Lynch Park, as Splash Cove at the Jim Allen
         Aquatic Center.

         Council President Sawyer asked if everyone understands that this new pool is located
         inside John Lynch Park.

         Councilmember Kuhn advised that Parks and Recreation Director Holman has brought
         with him this evening a rendering showing how the signs will look. The City Council
         can possibly clarify somewhat how they are going to incorporate the John Lynch name in
         the park, as well as the James Allen Aquatic Center at Splash Cove portion.

         Parks and Recreation Director Holman presented a rendering of the new pool. He
         pointed out King Avenue and Flint Street. He explained that one sign will read, John F.
         Lynch Park and located on the Flint Street side. He stated with regard to the contract for
         the pool signage, there are actually three proposal areas: 1) Off the back of the wave pool
         wall, 2) In front of the pool, as the sign is located up at the current Thomas A. Soetaert
         Aquatic Center, or 3) Right off King Avenue. He stated they have yet to come up with
         the designs and will present them to a committee in the future.

         Councilmember Pflumm asked about the City implemented monument signs and if due to
         budget constraints, if they put some type of a moratorium on putting those up. He
         recommended if they did, they make sure this sign goes up before any other signs on this
         particular facility.

         Parks and Recreation Director Holman stated the City has not stopped making the signs.

         City Manager Gonzales explained that most of the remaining signs are included in their
         corresponding projects, such as this project, so they include the sign as part of the project
         budget.

         Councilmember Straub asked if there will be three pool signs or is this just three choices
         for the Council to decide upon.
PAGE 9                                CITY COUNCIL MINUTES                          JANUARY 8, 2007




         Parks and Recreation Director Holman explained there is a place for a sign in the front
         and back of the facility, so there will probably be at least two signs.

         Councilmember Pflumm asked if either sign will say anything about John Lynch Park.

         Parks and Recreation Director Holman answered, not on the aquatic park signs.

         Parks and Recreation Director Holman asked if they really need two signs, because they
         only have one sign on the Thomas A. Soetaert Aquatic Center.

         Parks and Recreation Director Holman stated they have yet to do a big front sign for the
         current pool at the Civic Centre, which is something they really need to do, because the
         current sign is very small.

         Council President Sawyer stated he would question why they would change from what
         they did on the other pool and just put the sign on the front of the new pool just like they
         did up at Soetaert.

         Parks and Recreation Director Holman stated they are looking at three proposals on the
         wave wall that would just be either an element or a mural.

         City Manager Gonzales stated the staff can certainly bring those back to the committee as
         they get further along with planning.

         Councilmember Pflumm stated a mural would be fine on that wall.

         Therefore the motion read:

         Councilmember Scott, seconded by Councilmember Sandifer, moved to approve the
         name of the new pool located in John Lynch Park, as Splash Cove at the Jim Allen
         Aquatic Center. The motion carried 8-0.

         Councilmember Kuhn stated the second consideration is naming the park located at 79th
         & Monticello, Monticello Springs. She stated one of the things she asked Parks and
         Recreation Director Holman to do, is talk to the Monticello Historical Society regarding
         the name Monticello Springs and get their input on if they felt that helped to represent the
         area appropriately. She stated they have had some other thoughts that they have
         communicated to the Council with regard to that park name.

         Councilmember Kuhn stated in order to give the staff a little more time to research
         whether that is a name that better references this park, or whether the Park Board’s
         recommendation to the Council should be weighed more heavily, she would recommend
         this item be tabled to a future meeting to give staff additional time.
PAGE 10                             CITY COUNCIL MINUTES                         JANUARY 8, 2007


      Councilmember Kuhn, seconded by Councilmember Goode, moved to table the naming
      of the park located at 79th & Monticello to a future meeting to give staff additional time
      for research.

      Councilmember Pflumm stated tabling this item tonight is fine, but he thinks the name
      they came up with was pretty responsive for the area at the time. He does not know of
      any reason why they would even want to table this item.

      Councilmember Kuhn explained she thinks the thought process behind tabling this item
      now, is to give the staff some time to respond back. The staff was given a limited amount
      of time hoping to get a response that they either found it favorable or not. They were also
      given an alternative name, based on some historical information provided to one of the
      families.

      Councilmember Kuhn thinks the idea here is to give staff a little more time to research
      this further and find out, perhaps, how much of an impact that family had and whether or
      not that is the right place to give honor to that family for their participation in Shawnee’s
      growth or whether they need to go back to the folks appointed to the Park Board and look
      at what their recommendation is and get their feel as well. She thinks they should weigh
      heavily on what the Park Board recommends to the Council and rather than make a
      decision this evening, she would like to get their feedback on the Monticello Historical
      Society’s recommendation.

      Councilmember Pflumm asked if the Park Board asked the Monticello Historical Society
      when they recommended a name.

      Councilmember Kuhn replied if she understands correctly, a member of the Monticello
      Historical Society is also a member on the Park Board.

      Parks and Recreation Director Holman stated he believes he might have misspoke on
      that, as he believes Doris Yantis was a member somewhere down the road, but is not a
      current member. She is a neighbor of that area.

      Councilmember Sandifer stated his understanding is that the Monticello Historical
      Society has brought forward another option and idea of another piece of ground to use as
      park ground that just happens to be on that family’s piece of property that they want to
      name this one park.

      CINDY ASHBY, President, Monticello Historical Society, stated the Coker Family did
      not own the second piece of property they were referring to.

      Councilmember Sandifer stated it was closer to their property, from his understanding, to
      where their actual store was located.

      CINDY ASHBY replied it would be closer to the store property, that is true, but they did
      originally settle the piece of property on Monticello Road at 79th where the new park is
PAGE 11                            CITY COUNCIL MINUTES                          JANUARY 8, 2007


      located. She stated that was originally Coker land as well and they did have a store in
      Monticello. They had a store in Holliday and actually owned a store in DeSoto, which of
      course was not in Shawnee, but close to the area.

      CINDY ASHBY stated the piece of property in Monticello on the corner of 71st Terrace
      and Brockway, was not owned by the Coker’s but they have felt all along that that would
      be such a perfect place to have a true Monticello park where they could interpret their
      local history and actually that is on the town site. She stated the property out on 79th and
      Monticello Road is not on the town site, if that answers any questions.

      CINDY ASHBY stated the Monticello Historical Society does not have any objections
      and appreciates the City Council’s support. She stated they would certainly like to see
      this park named, but have no objection to tabling this item for more discussion.

      Councilmember Pflumm stated after he read Ms. Ashby’s email, he thought it was a no-
      brainer and they should just name it Monticello Springs.

      Therefore the motion read:

      Councilmember Kuhn, seconded by Councilmember Goode, moved to table the naming
      of the park located at 79th & Monticello to a future meeting to give staff additional time
      for research. The motion carried 8-0.

      Councilmember Goode, seconded by Councilmember Scott, moved to approve the
      naming of the park located at King Avenue and 58th Street, Sister Cities Park.

      Parks and Recreation Director Holman presented a picture of the sister cities bronze seal.
      He stated that is actually the pin of the Sister Cities Club; the one they wear on their
      lapels.

      Councilmember Pflumm asked where the monument will be located.

      Parks and Recreation Director Holman answered in the Sister Cities Park.

      Parks and Recreation Director Holman asked where exactly.

      Parks and Recreation Director Holman replied it will show right on King Street. He did
      not bring that park plan with him this evening. He stated there is parking around the
      green space and four little green areas that separate the sidewalk, so the monument will
      be out in that area and seen from the street.

      Therefore the motion read:

      Councilmember Goode, seconded by Councilmember Scott, moved to approve the
      naming of the park located at King Avenue and 58th Street, Sister Cities Park. The
      motion carried 8-0.
PAGE 12                           CITY COUNCIL MINUTES                        JANUARY 8, 2007


BUSINESS FROM THE FLOOR

      There was no business from the floor.

STAFF ITEMS

26.   CONSIDER S-270-06-12, SIGN VARIANCE FOR COLOR, SHANE'S RIB
      SHACK, 15331 W. 67TH STREET.

      Council President Sawyer stated the Council will consider a sign variance for color at
      Shane’s Rib Shack in the Home Depot Shopping Center, located at 15331 W. 67th Street.

      The applicant requests a sign variance for color at Shane’s Rib Shack in the Home Depot
      Shopping Center, located at 15331 W. 67th Street.

      Councilmember Pflumm, seconded by Councilmember Goode, moved to approve S-270-
      06-12, a sign variance for color at Shane’s Rib Shack in the Home Depot Shopping
      Center, located at 15331 W. 67th Street.

      Councilmember Scott asked if this is a chain.

      Planning Director Chaffee answered yes, they are a national chain.

      Council President Sawyer asked if Shane’s has any other restaurants here in Kansas City.

      Planning Director Chaffee answered not here in Kansas City. He stated they are actually
      a sister restaurant to Moe’s Southwest Grill. He stated most of the Shane’s restaurants
      are currently located in The Carolina’s, Kentucky, Indiana, Georgia, and Alabama area.
      They are making their move into the Midwest.

      Council President Sawyer stated this is then truly a new restaurant to the metropolitan
      area and they chose Shawnee.

      Planning Director Chaffee answered yes.

      Councilmember Goode asked if Shane’s had a representative present this evening.

      NANCY HOLMES introduced herself. She is with Full Bright Sign and Lighting,
      Eudora, Kansas.

      Councilmember Goode thanked them for coming to Shawnee.

      Councilmember Kuhn stated this particular sign is well done and looks nice – it is a
      quality sign. She stated the reason the City has always made exceptions that she
      remembers seeing, is they required a letter from the corporate office of the incoming
      establishment, acknowledging the reason for the variance to the sign was both a copyright
PAGE 13                            CITY COUNCIL MINUTES                         JANUARY 8, 2007


      issue and it was a copyrighted logo, or that their signage was used as marketing material
      and considered their logo per se. She could not find anything like that in the packet.

      Planning Director Chaffee replied it is located on Page 168 of the packet – the letter from
      Raving Brands.

      Therefore the motion read:

      Councilmember Pflumm, seconded by Councilmember Goode, moved to approve S-270-
      06-12, a sign variance for color at Shane’s Rib Shack in the Home Depot Shopping
      Center, located at 15331 W. 67th Street. The motion carried 8-0.

27.   CONSIDER FINAL INVOICE FOR BRICKSTONE STUDIOS.

      Council President Sawyer stated that the City entered into a contract with Brickstone
      Studios in January 2005. The mural has been installed and Brickstone has submitted an
      invoice for payment. Several cost issues need to be considered.

      Councilmember Goode, seconded by Councilmember Sandifer, moved to approve the
      final invoice for Brickstone Studios.

      Councilmember Kuhn asked if she understands correctly that the motion is to close out
      the contract, based on staff recommendations.

      City Manager Gonzales answered yes.

      Councilmember Pflumm asked how this deviates from the original contract and what are
      the additions as it reads in the emails, because supposedly they went back and forth.

      City Attorney Rainey replied he does not know if he would refer to this as ‘closing out
      the contract’. They are terminating the relationship and he asked Assistant City Attorney
      Ellis Rainey to address the details.

      Assistant City Attorney Rainey responded the Council have discussed this in Executive
      Session, about some of the changes made and whether they were unilaterally made or
      made by agreement, but maybe is not relevant at this point. He stated that he understands
      that City Manager Gonzales placed this item on tonight’s agenda because the staff had
      told the Council in an Executive Session that they would bring back the final numbers. It
      is his understanding that the Council does not need to take any action this evening, unless
      they authorize the City to pay additional sums to this particular contractor.

      City Manager Gonzales stated they have asked the Council to approve closing it out with
      no further payment.

      Councilmember Pflumm asked if it is more, less, or the same amount.
PAGE 14                            CITY COUNCIL MINUTES                     JANUARY 8, 2007


      City Manager Gonzales responded she will say that the original contract was $173,500
      and there was a $5,000 additional amount added through mutual agreement. The final
      payment for services rendered is $158,150.00 and is the amount the Council will be
      closing out this evening.

      Therefore the motion read:

      Councilmember Goode, seconded by Councilmember Sandifer, moved to end the
      contract with Brickstone Studios with no further payment. The motion carried 8-0.

28.   CONSIDER AN ORDINANCE ADOPTING THE 2006 STANDARD TRAFFIC
      ORDINANCE WITH AMENDMENTS.

      Council President Sawyer stated that the Shawnee Municipal Code, 10.04.010 currently
      incorporates the 2003 Standard Traffic Ordinance with amendments. A draft ordinance
      incorporating the 2006 Standard Ordinance for Kansas cities prepared by the Kansas
      League of Municipalities with amendments that provides consistency between the City of
      Shawnee traffic provisions and the dictates of Kansas law and a memo are included for
      review.

      Councilmember Kuhn, seconded by Councilmember Scott, moved to pass an ordinance
      adopting the 2006 Standard Traffic Ordinance with amendments, prepared by the Kansas
      League of Municipalities with amendments. The motion carried 8-0. Having passed,
      Ordinance 2836 was assigned.

29.   CONSIDER ORDINANCE ADOPTING THE 2006 UNIFORM PUBLIC OFFENSE
      CODE WITH AMENDMENTS.

      Council President Sawyer stated that the Shawnee Municipal Code, 9.01.000 currently
      incorporates the 2003 Uniform Public Offense (UPO) Code with amendments. A draft
      ordinance incorporating the 2006 Uniform Public Offense Code for Kansas Cities
      prepared by the Kansas League of Municipalities with amendments that provides
      consistency between Public Offenses in the Shawnee Municipal Code and the dictates of
      Kansas law and a memo are included for review.

      Councilmember Scott, seconded by Councilmember Goode, moved to pass an ordinance
      adopting the 2006 Uniform Public Offense Code with amendments, prepared by the
      Kansas League of Municipalities with amendments. The motion carried 8-0. Having
      passed, Ordinance 2837 was assigned.

30.   CONSIDER APPROVAL OF DATA NETWORK COMMUNICATIONS 5 YEAR
      AGREEMENT.

      Council President Sawyer stated that the current Data Network Communications lease
      agreement with American Telephone and Telegraph Inc. (AT&T), formerly Southwestern
      Bell Corporation (SBC) will expire in February 2007. This network connects City
PAGE 15                            CITY COUNCIL MINUTES                          JANUARY 8, 2007


      computers in all City facilities. Requests for proposals were sent out for data
      communication services for 2007-2011 to those companies that had communication
      infrastructure in place within Shawnee and could provide direct services to the City
      without subleasing from another carrier.

      Councilmember Goode, seconded by Councilmember Straub, moved to authorize the
      Mayor to sign a lease/purchase agreement for data communication services with Everest
      Connections, LLC in the amount of $425,485.

      Councilmember Straub stated the packet shows three options and obviously, Everest is
      much less. He stated on the 10 year option, there is an additional $110,000. He asked if
      Everest was offering to sign a 10 year contract.

      Information Systems Director Doherty answered no; it is a five year contract with the
      option to purchase from Everest at the end of five years the optical fiber portion of the
      network. He stated from that point on, the copper services could be leased or they could
      change, or if the fiber optic services are in place, they could opt for that with either
      AT&T or Everest, so it is strictly a five year agreement.

      Councilmember Straub asked about the 10 year option. He asked if the 10 year option in
      the packet would basically be increased by $110,000.

      Information Systems Director Doherty replied it was just showing if they extended it out
      to 10 years that would be the savings over 10 years.

      Councilmember Straub stated he was going to say, if they could get that kind of a deal,
      they should probably sign a 10 year contract, because it is one-fourth, unless that is an
      additional $535,000.

      Information Systems Director Doherty replied it is an additional amount.

      Councilmember Pflumm asked if it was a guesstimate on what they gave Information
      Systems Director Doherty, or what the staff took from their proposal.

      Information Systems Director Doherty replied it was just taking the current cost of what
      they are proposing and the five years and extending it out to 10 years.

      Councilmember Pflumm asked Information Systems Director Doherty if he believes that
      data, technology, and communications get more economical with time. He stated being a
      person in the technology field, he would say the shorter the contract the better.

      Information Systems Director Doherty stated that is why they are going with the five year
      contract, because at the end of five years they have the option to renegotiate or purchase
      the Everest portion. He stated that obviously communications costs have come down
      over the last five years, so they should come down more in the next five years.
PAGE 16                             CITY COUNCIL MINUTES                       JANUARY 8, 2007


       Council President Sawyer explained to Councilmember Pflumm that the staff is
       recommending signing a five year contract.

       Councilmember Pflumm asked if it is with Everest, because he thought they were talking
       about AT&T.

       Information Systems Director Doherty confirmed it is with Everest.

       Therefore the motion read:

       Councilmember Goode, seconded by Councilmember Straub, moved to authorize the
       Mayor to sign a lease/purchase agreement for data communication services with Everest
       Connections, LLC in the amount of $425,485 which includes the use of the $31,000
       franchise agreement credit and $25.00 for the purchase of the fiber portion at the end of
       the lease period. The motion carried 8-0.

MISCELLANEOUS ITEMS

31.    CONSIDER APPROVAL OF SEMI-MONTHLY CLAIM FOR JANUARY 8, 2007
       IN THE AMOUNT OF $4,847,235.12.

       Councilmember Goode, seconded by Councilmember Scott, moved to approve the semi-
       monthly claim for January 8, 2007 in the amount of $4,847,235.12. The motion carried
       8-0.

32.    MISCELLANEOUS COUNCIL ITEMS.

       There were no miscellaneous Council items.

ADJOURNMENT

Councilmember Pflumm, seconded by Councilmember Straub, moved to adjourn. The motion
carried 8-0, and the meeting adjourned at 8:08 p.m.

Minutes prepared by: Cindy Terrell, Recording Secretary

APPROVED BY:




_____________________________________________
Vicki Charlesworth, City Clerk

				
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