MERRIAM CITY COUNCIL AGENDA CITY HALL 9001 WEST 62 ND STREET September 25, :00 P.M.

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1 MERRIAM CITY COUNCIL AGENDA CITY HALL 9001 WEST 62 ND STREET September 25, :00 P.M. If you require any accommodation (i.e. qualified interpreter, large print, reader, hearing assistance) in order to attend this meeting, please notify the Administrative Office at no later than 24 hours prior to the beginning of the meeting. I. CALL TO ORDER - PLEDGE OF ALLEGIANCE II. III. ROLL CALL PUBLIC ITEMS Members of the public are encouraged to use this time to make comments about matters that do not appear on the agenda. Comments about items on the regular agenda will be taken as each item is considered. Please note: individuals making Public Comments will be limited to 5 minutes. IV. CONSENT AGENDA All items listed under the heading are considered to be routine by the City Council and may be enacted by one motion. There will be no separate discussion of these items unless a Councilmember or citizen so requests, in which case that item will be removed from the Consent Agenda and considered separately. 1. Consider approval of the minutes of the City Council meeting held September 11, Consider acceptance of easements as dedicated on Merriam Pointe 5 th Plat-Hyundai located at 7020 & 7050 W. Frontage Rd. in a PUD-G (Planned Unit Development-General) District (PA17-6). V. MAYOR S REPORT VI. PLANNING COMMISSION 1. Consider acceptance of easements as dedicated on Audi 2 nd Plat located at 6601 E. Frontage Rd. in a PUD-G (Planned Unit Development-General) District (PA17-5). 1

2 VI. COUNCIL ITEMS A. Finance and Administration 1. Consider approval of an ordinance authorizing the levy of a voter-approved one-quarter percent (0.25%) Citywide retailers sales tax to pay the costs of a new community center and the debt service on general obligation bonds issued to finance the new community center. (recommend waiving the first reading). B. Community Development/Public Works/CIP 1. Update on Residential Exterior Grant Program. 2. Community Development Update. VII. STAFF ITEMS VIII. NEW BUSINESS X. EXECUTIVE SESSION XI. ADJOURNMENT Respectfully submitted, Juliana Pinnick Juliana Pinnick City Clerk 2

3 City Council Minutes September 11, 2017 MERRIAM CITY COUNCIL MINUTES CITY HALL 9001 WEST 62 ND STREET SEPTEMBER 11, :00 P.M. I. CALL TO ORDER - PLEDGE OF ALLEGIANCE Mayor Ken Sissom called the meeting to order at 7:00 pm. Mayor Sissom asked for a moment of silence to honor those who lost their lives on September 11, II. ROLL CALL Scott Diebold Al Frisby Chris Evans Hands Nancy Hupp Cheryl Moore Bryan Knaff Bob Pape Robert Weems was absent Staff present: Chris Engel, City Administrator; Mike Daniels, Police Chief; Cindy Ehart, Finance Director; Anna Slocum, Parks and Recreation Director; Meredith Hauck, Assistant City Administrator; Bryan Dehner, Fire Chief; Kevin Bruemmer, Public Works Director; Nicole Proulx Aiken, City Attorney; and Juli Pinnick, City Clerk. III. PUBLIC ITEMS Members of the public are encouraged to use this time to make comments about matters that do not appear on the agenda. Comments about items on the regular agenda will be taken as each item is considered. Please note: individuals making Public Comments will be limited to 5 minutes. Jose Mendoza, 5820 Carter, addressed the council regarding recent flooding issues he and his neighbors have experienced. Mr. Mendoza indicated that he has met with his councilmembers and the Public Works Director recently and was told that this was a private property issue. Mr. Mendoza was asking the city to assist the effected property owners in this area with some construction of a ravine or piping the water that flows through that area. Mr. Mendoza commented that he has photos of the area and the problem in the area. Mayor Sissom asked the City Administrator if he has spoken with Mr. Mendoza regarding this issue. 1

4 City Council Minutes September 11, 2017 The City Administrator indicated that Mr. Mendoza has not contacted him. Mayor Sissom suggested Mr. Mendoza get in contact with the City Administrator and review the issue to see if it could be a potential CIP project in the future. IV. CONSENT AGENDA All items listed under the heading are considered to be routine by the City Council and may be enacted by one motion. There will be no separate discussion of these items unless a Councilmember or citizen so requests, in which case that item will be removed from the Consent Agenda and considered separately. 1. Consider approval of the minutes of the City Council meeting held August 28, V. MAYOR S REPORT COUNCILMEMBER HANDS MOVED THAT THE COUNCIL APPROVE CONSENT AGENDA ITEM 1. COUNCILMEMBER PAPE SECONDED AND THE MOTION WAS UNANIMOUSLY APPROVED. VI. COUNCIL ITEMS A. Finance and Administration 1. Monthly Finance Report. Finance Director Cindy Ehart presented the Finance Report for the month of August. Ms. Ehart commented that the car sales are beginning to trend downward slightly. This was expected as the sales have been extremely high over the past few years. This downward trend is not any cause for concern as it is anticipated with the new dealerships coming in the next year and downward revenues will be mitigated by the new dealerships. An Investment Report was included in this month s report. A positive note on the Investment Report is the interest income is projected to be over $200,000 for Compared to only $118,000 in 2016, the interest income will be much greater for 2017, this is a result of the great services that are being provided by our investment advisory services from Columbia Capital. The city currently has over $29 million in investments. 2. Presentation on recent Community Center system failures. Parks and Recreation Director Anna Slocum presented information on recent Community Center issues. Ms. Slocum commented that the recent heavy rains have caused numerous water issues at the Irene B. French Community Center. 2

5 City Council Minutes September 11, 2017 Starting since May 18 th with a 5-inch rain which flooded 3 inches of water under the stage in the gym. This was a result of a failed sump pump. During August, there were 6 major rain events, each event caused a new water issue in the building. August 5 TH - 5 inches of rain caused flooding in the Hocker Grove room and the north hallway in the area where the Police Department have temporary offices including the property room. The elevator pit flooded, but quickly receded. While the sump pumps in those areas were working, a discharge hose failed which caused the flooding. The failure of the hose caused the window well to fill up and the water came back into the building. Ms. Slocum played a video depicting the hose failure. The week of August 20 th there were 2 rain events that flooded a storage room. Staff looked at sumps pumps they were aware of to ensure all were working properly only to discover sump pump #20 in the building that staff was unaware of. Because Merriam Drive filled with water up past the storm sewers that water came into the building. So, the pumps were trying to pump out the ground water coming into the building but also the storm sewer water. This burned up the sump pump and caused the failure and consequent flooding. The sump pump in the elevator pit also burned up. The water ran down the wall from filling up in the window well. Drywall was damaged and must be replaced. The next rain event on August 27 th resulted in water in the front basement window. While all areas known to cause water, problems were checked and seemed to be functioning properly, a large failure in the outside masonry had caused this water issue. A long stretch of mortar was cracked and flaking. The masonry company came out and repaired as the masonry crumbled when touched. During the facility tour on August 31 st when the Director went into the dungeon mechanical room, as the door was opened you could hear water running. The sewage ejector on the south portion of the building had failed. All waste and water from that portion of the building was dumping into the mechanical room. There are two special pumps that need to be replaced. Luckily one pump has been repaired to work on a minimized basis but both will need replaced. The sewage odor was so strong you could smell it outside the building and was horrendous inside while the sewage was pumped into a sewage tanker. Because the one pump is out and the other is barely useable, restrooms in the south portion of the building are unusable and have been closed. 3

6 City Council Minutes September 11, 2017 September 1 st brought the failure of two air handlers which had broken through ceiling tiles and were leaking on electronics that are used by the Police Department. Luckily there were no damage to the electronics. Repair costs from this past month include $1,300 sump pump repairs, only 3 of the 20 existing pumps have been repaired. Masonry repair $700. Sewage ejector specialty pumps is estimated to be well over $5,000. HVAC repairs an estimated at $1,500-2,000 based on past repairs; we are still waiting on the invoice. Chris Engel commented that Parks and Recreation staff work in this building and their main job function is to offer parks and recreation amenities to the community. When a staff member comes into work and the first order of business is to deal with issues like this, it might make a person not want to come to work. Unfortunately for staff, these are not new occurrences these issues happen on a daily and weekly basis. Mr. Engel thanked Ms. Slocum and her staff for the fact that they continue to come to work each day and deal with these types of issues which always seem to be continued failures of water pumps, sewage issues and HVAC failures. Councilmember Frisby commented that there has been some discussion that, if the ballot initiative passes the city refurbishing the building to rent out to a business and what it would cost to do that. Ms. Slocum stated that she could not begin to imagine what that cost would be and one would need to look at a return on investment to decide if that would even be possible. Ms. Slocum reminded Mr. Frisby that this building would have to be brought up to current building codes and even knocking down certain sections that seem to cause the majority of problems, that nothing in the building would meet ADA standards. When folks ask her, what will happen to the building if the vote passes, her comment is there is no answer yet to that question as we would want public input prior to making any recommendations. It would be difficult for the city to manage and maintain two buildings. Mayor Sissom reminded Mr. Frisby that this has not been discussed with the council. This is something that is being discussed by people in the community that may not have a clear picture of all the issues with the building and what it would take to bring the building up to any marketable standard. Mayor Sissom asked Mr. Engel if this is something that staff has discussed. Mr. Engel commented that he has voiced his personal beliefs with folks who have asked him what he thinks should happen and possible opportunities that may exist. But there has been no discussion about what 4

7 City Council Minutes September 11, 2017 the city will do with the building other than engage the public in a conversation about what happens next with the building. Mayor Sissom expressed concern over conditions that exist in the building that could be a potential hazard to staff. He has concern over the health and safety of staff members who have to work in the building on a daily basis. 3. Update on Sales Tax Ballot Initiative. Assistant City Administrator, Meredith Hauck reviewed the most recent ballot initiative educational campaign. Staff has attended 5 public events from August 28 - September 10 talking with residents and providing information. Several facility tours have been held and tomorrow will be the final opportunity for a facility tour. Staff was able to provide a Spanish version of the information brochure to ensure we are reaching all residents with information. A reminder postcard has been mailed explaining how to properly fill out and return the ballots. A new 90 second video has been put out explaining more details about what a yes vote means and what a no vote means. Staff held a live question and answer session on Facebook and staff was able to answer several questions from residents. Some of the repeated questions were added to our FAQ S page. Staff has begun to prepare for the next steps after the September 15 th vote. Whether the ballot initiative results an approval or failure, staff has put out an RFP for an Owner s Representative to help us through either process of construction. In addition, the communication staff is working toward providing information on the outcome of the vote and what happens moving forward. A councilmember asked about the Vote No postcards that was mailed out. City Administrator Chris Engel commented that the postcards originated from a mail house from Wichita. Staff is unaware of who sent the postcards; there are many statements on the card that are not correct. The city has continued to provide factual information to our residents through the city website, social media and at public events. It is our hope that when folks 5

8 City Council Minutes September 11, 2017 want to find factual information they are utilizing these outlets to get correct and factual information. B. Community Development/Public Works/CIP 1. Update on Police Building remodel. Police Chief Mike Daniels displayed photos of the remodel progress. The new section is being constructed and the interior spaces have been gutted. New walls, configuring the new spaces are being installed, in addition the booking area has had all of the vinyl tile removed which will be replaced with a lower maintenance polished concrete floor. The old HVAC system has been removed, which freed up the space for the locker rooms and showers. Shower areas in the new locker room have all the plumbing in and new tile will be laid soon. Chief Daniels displayed a quick time-lapse video showing to progress of the construction. It is anticipated that the project will be completed before Christmas. Once staff gets all moved in an Open House will be held for the public. 2. CIP Update. Public Works Director Kevin Bruemmer provided the following CIP Updates: SMP Bridge over BNSF Railroad SMP is suspended until later this fall to complete work on traffic signal loops at I-35 southbound ramps, and placement of SMP bridge strip seals. Residential Streets Group V Construction on 51 st Street has been suspended until this fall for the placement of sod. Construction on Merriam Ln./62 nd St./61 st St. is nearing completion, all that remains is some final grading and the placement of sod in a few areas. It is possible that the sod will be installed next week. Owen Heights (CMP Repair) Pre-construction meeting was on August 25 th and the Contractor is scheduled to begin the removal/replacement the existing pipe at Antioch Rd. on September 25 th. Sidewalk In-Fill Pre-construction meeting was on August 25 th and the Contractor is scheduled to begin placing new sidewalk on 69 th St. at Antioch Rd. working west toward East Frontage Rd. on September 25 th,

9 City Council Minutes September 11, 2017 During the first week of construction the contractor will begin clearing the Right-of-Way of all plantings. A two-week notice letter was sent to all residents in the area on September 5 th, informing them of the construction schedule and project contact information. Antioch Rd. 47 th St to 54 th Ter Milling has been completed and placement of the asphalt surface has been placed. The final piece will be the striping. This project is being administered by Overland Park. 54 th Ter & Switzer Rd Drainage Improvements Plans have been reviewed and the current schedule is to advertise in September and begin construction in October. Johnson Drive Reconstruction (Kessler to West City Limits) This is our CARS project. City Staff met with design engineers, to review expectations, needs and timeline for this project on Friday September 1 st. Further details of the timeline will be share once all the details are worked out. VII. STAFF ITEMS City Administrator Chris Engel thanked Parks and Recreation Director Anna Slocum and her staff as well as City Clerk Juli Pinnick for all their hard work at the 17 th Annual Turkey Creek Car Show last Saturday. This event is the second most attended event the city has each year. There are a number of volunteers that assist with the event and without them the event would not be successful. The storm debris pickup resulted in 216 truckloads of debris hauled off at a cost of $51,000. While this was a fairly expensive endeavor, it was well received and appreciated by the residents and keeps the city looking good and allows residents to get rid of all the fallen limbs and debris. Staff met with David Block, Block and Company regarding the K-mart site. While he does not have any end user information to share at this point, he is still looking at the initial concept for the site which includes a hotel and restaurant on the site along with some retail component. Within the next days he will be coming forward with a funding agreement and will be seeking a public-private partnership for development of the site. He is looking for a spring ground breaking. While there are several end users who have letters of intent for the site he asked for council s input of what restaurants they would like to see on the site. Mr. Engel indicated that the council could their preferences and he will forward those to Mr. Block for consideration. They are aware of the design charrette that was completed for the sight and have indicated their concept would have some of those 7

10 City Council Minutes September 11, 2017 concepts included. The restaurant would be most likely nothing with a drivethru as that is not what is desired for that site. VIII. NEW BUSINESS There was a question about the Wayside Horns and when they will be active. Mr. Engel indicated they should be activated in about two weeks. The bungalow that houses the electrical is now installed. They have indicated they are still in the testing phase of all the elements related such as the signal arms, flashing signal lights and the horn itself. It should be operational in about 2 weeks. IX. EXECUTIVE SESSION X. ADJOURNMENT THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE COUNCIL, COUNCILMEMBER HANDS MOVED TO ADJOURN AT 8:20 PM. COUNCILMEMBER PAPE SECONDED AND THE MOTION WAS UNANIMOUSLY APPROVED. Respectfully submitted, Juliana Pinnick Juliana Pinnick City Clerk 8

11 Action Form - PA Merriam Pointe Fifth Plat Page 1 of 2 AGENDA ITEM INFORMATION FORM Agenda Item: Consider accepting the dedication of easements shown on the Merriam Pointe Fifth Plat located at 7020 and 7050 W. Frontage Road. (PA ) Department: Community Development Committee: Planning Commission Background/Description of Item The applicant, Group 1 Automotive represented by Jerry Pruitt of Pruitt and Dooley Surveying, is requesting approval of Merriam Pointe Fifth Plat. Currently, the subject property consists of two lots, Merriam Pointe Lots 12 and 13. This proposal is to replat those two lots into one lot, Merriam Pointe Fifth Plat, Lot 20. On August 2, 2017, the Planning Commission recommended approval of the Shawnee Mission Hyundai preliminary development plan for a parking lot expansion (Z-8-04/PD8-0817). The City Council subsequently approved that preliminary development plan on August 28, Currently, the subject property is partially developed with an automotive dealership and a vacant parcel to the north (7020 W. Frontage Rd.). The approval of the proposed Merriam Pointe Fifth Plat will create a lot that corresponds with the approved development plan and facilitate the construction of the approved parking lot expansion for the Shawnee Mission Hyundai automobile dealership. A condition of approval of the Shawnee Mission Hyundai preliminary development plan is that the final plat (Merriam Pointe Fifth Plat) for the Hyundai property be filed with the county prior to the approval of the final development plan. The subject property is zoned PUD-G (Planned Unit General) District and the proposed final plat will create one (1) 369,805 square foot lot. Dedication of Right-of-Way No additional right-of-way is being dedicated by this plat. Easements The plat dedicates a five (5) foot sidewalk easement to the city along the northern portion of the east lot line. The easement covers the area where the sidewalk encroaches on the subject property. The remaining easements shown on the plat are existing. Access Following the approval of the plat, the subject property will have direct access to W. Frontage Road. Lots Total Area: Approximately 8.48± acres (369,805± sq. ft.) Lot 20: 8.48± acres (369,805± sq. ft.)

12 Action Form - PA Merriam Pointe Fifth Plat Page 2 of 2 The Planning Commission approved the plat with the following conditions. 1. The plat must be filed with Johnson County prior to the approval of the Shawnee Mission Hyundai final development plan. Related Ordinance or Statute: City of Merriam Code Chapter 62 Subdivisions Recommendation: City Council accept the dedication of easements shown on the Merriam Pointe Fifth plat. (PA ). Prepared by: Bryan P. Dyer, AICP Date: September 25, 2017 Community Development Director

13 Community Development Staff Report Planning Commission September 6, 2017 PA Merriam Pointe Fifth Plat Application: Request: Property Address: Applicant: PA Merriam Pointe Fifth Plat Approval of a Final Plat 7020 and 7050 W. Frontage Road Gerald Pruitt, Owner s Representative Current Zoning and Land Use PUD-G (Planned Unit Development - General) District approved for auto dealership; currently developed with an automotive dealership and an undeveloped parcel. Surrounding Zoning and Land Use PUD-G District to the north; currently undeveloped. Merriam Luxury Investors was recent given approval of a preliminary development plan (Z-8-04/PD7-0717) for an automotive dealership to be developed on the property. I-1 (Light Industrial) District to the south; developed with a self-storage facility. Parks, Schools, and City Facilities to the west; developed with the City Public Works Facility. I-35 to the east. Legal Description Merriam Pointe Lots 12 and 13 Property Area Number of Lots (1) 8.48± acres 369,805± sq. ft. Lot ± acres 369,805± sq. ft. Page 1 of 5

14 PA Final Plat Merriam Pointe 5th Plat PC Meeting September 6, 2017 Related Case Files Z-2-03(see Z-8-04) Merriam Pointe 9501 W. 67th St. C-1 to PUD Z-2-03(see Z-8-04) Merriam Pointe 67th & W. Frontage IP-1 to PUD Z-2-03(see Z-8-04) Merriam Pointe Bldgs. B&C 67th & W. Frontage Final Plan Merriam Pointe Car Dealership 67th & W. Frontage Final Plan Z-2-03(see Z-8-04) Z-2-03(see Z-8-04) Merriam Pointe Pvt. Streets 67th & W. Frontage Final Plan Screening for Bldgs. B&C 67th & W. Frontage 06/07/06 Landscape Plan/Gas Pipeline 67th & W. Frontage 06/07/06 Merriam Pointe TDD File 67th & W. Frontage 07/20/07 Shawnee Mission Auto Lot 12 67th & W. Frontage 10/03/07 Z-8-04/FP Z-8-04/PD Merriam Pointe 67th & W. Frontage 01/02/08 Z-8-04/FP Merriam Pointe Lot 11 67th & W. Frontage 06/04/08 Z-8-04/FP Merriam Pointe Lots 9 & 10 67th & W. Frontage 06/04/08 Merriam Pointe 2/2011 & 3/2012 Redevelopment Project Plan TIF AMENDED Z-8-04/PD Merriam Pointe 67th & W. Frontage Chg & PDP Z-8-04/FP Merriam Pointe/Toyota 67th & W. Frontage FDP Z-8-04/PD Merriam Pointe/Lexus 67th & W. Frontage PDP Z-8-04/FP Merriam Pointe/Lexus 67th & W. Frontage FPD Z-8-04 (0312) Merriam Pointe Toyota/Rvsd Sign Plan 67th & W. Frontage Rvsd. Sign Plan Z-8-04/PD Merriam Pointe/Infiniti 67th & W. Frontage Chg & PDP Z-8-04/FP Merriam Pointe/Infiniti 67th & W. Frontage FDP Z-8-04/PD Merriam Pointe/Auto Dealer W. Frontage PDP-Rvsd Z-8-04/FP Merriam Pointe/Auto Dealer W. Frontage FDP-Rvsd Z-8-04 (0912) Merriam Pointe/Auto Dealer. 67th & W. Frontage Rvsd. Sign Plan Z-8-04/FP Merriam Pointe/Lexus 67th & W. Frontage FDP-Rvsd Z-8-04/FP Merriam Pointe/Toyota 9505 W. 67th St. FDP-Rvsd Z-8-04/PD Merriam Pointe/Merriam Luxury Imports LLC 7000 W. Frontage Rd. PDP Z-8-04_PD SM Hyundai Parking Lot 7020 & 7050 W. Frontage Rd. PDP Page 2 of 5

15 PA Merriam Pointe Fifth Plat PC Meeting September 6, 2017 Vicinity Map PA Merriam Pointe Fifth Plat Aerial View Vicinity Map Page 3 of 5

16 PA Final Plat Merriam Pointe Fifth Plat PC Meeting September 6, 2017 Staff Comments: The applicant, Group 1 Automotive represented by Jerry Pruitt of Pruitt and Dooley Surveying, is requesting approval of Merriam Pointe Fifth Plat. Currently, the subject property consists of two lots, Merriam Pointe Lots 12 and 13. This proposal is to replat those two lots into one lot, Merriam Pointe Fifth Plat, Lot 20. On August 2, 2017, the Planning Commission recommended approval of the Shawnee Mission Hyundai preliminary development plan for a parking lot expansion (Z-8-04/PD8-0817). The City Council subsequently approved that preliminary development plan on August 28, Currently, the subject property is partially developed with an automotive dealership and a vacant parcel to the north (7020 W. Frontage Rd.). The approval of the proposed Merriam Pointe Fifth Plat will create a lot that corresponds with the approved development plan and facilitate the construction of the approved parking lot expansion for the Shawnee Mission Hyundai automobile dealership. A condition of approval of the Shawnee Mission Hyundai preliminary development plan is that the final plat (Merriam Pointe Fifth Plat) for the Hyundai property be filed with the county prior to the approval of the final development plan. The subject property is zoned PUD-G (Planned Unit General) District and the proposed final plat will create one (1) 369,805 square foot lot. Comments from City staff and Public Utilities As part of the review process, staff provided copies of the proposed plat to the public utilities. In addition, staff solicited comments from other city departments. The applicant has addressed all comments. Dedication of Right-of-Way No additional right-of-way is being dedicated by this plat. Easements The plat dedicates a five (5) foot sidewalk easement to the city along the northern portion of the east lot line. The easement covers the area where the sidewalk encroaches on the subject property. The remaining easements shown on the plat are existing. Access Following the approval of the plat, the subject property will have direct access to W. Frontage Road. Page 4 of 5

17 PA Final Plat Merriam Pointe Fifth Plat PC Meeting September 6, 2017 Lots Total Area: Approximately 8.48± acres (369,805± sq. ft.) Lot 20: 8.48± acres (369,805± sq. ft.) Public Utilities The subject property has access to all required public utilities. Staff Recommendation: Community Development staff finds that the applicant s proposal is in order for approval and forwarding it to the City Council for the acceptance of easements. 1. The plat must be filed with Johnson County prior to the approval of the Shawnee Mission Hyundai final development plan. Bryan P. Dyer, AICP Community Development Director September 6, 2017 Page 5 of 5

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19 Planning Commission Minutes September 6, 2017 REGULAR PLANNING COMMISSION MEETING CITY OF MERRIAM, KANSAS 9001 W. 62 nd St. COUNCIL CHAMBERS MINUTES September 6, :00 P.M. The Regular Planning Commission meeting for the City of Merriam, Kansas was called to order at 7:00 p.m. by Chair Carol Whitlock on Wednesday, September 6, 2017 in the Council Chambers with the Chair inviting everyone present to participate in the Pledge of Allegiance to the Flag. I. ROLL CALL Members Present: Members Absent: Bill Bailey Bill Carter Reuben Cozmyer Judy Deverey Mitchell Fowler Secretary Russ Harmon Vice Chairman Leah Ann McCormick Chair Carol Whitlock Brian Dailey Also Present: Bryan Dyer, Community Development Director, and Nancy Yoakum, Recording Secretary. II. APPROVAL OF MINUTES OF AUGUST 2, 2017 Chair Carol Whitlock stated that the Planning Commission members had received a copy of the August 2, 2017 meeting minutes and asked if there were any corrections or additions. Hearing no comments, Chair Carol Whitlock entertained a motion. BILL BAILEY MOVED THAT THE MINUTES OF THE PLANNING COMMISSION MEETING OF AUGUST 2, 2017 BE APPROVED. REUBEN COZMYER SECONDED THE MOTION. THE MOTION WAS UNANIMOUSLY APPROVED. III. ITEMS OF BUSINESS 1. PA Final Plat for Audi 2 nd Plat located at 6601 E. Frontage Rd. in a PUD-G (Planned Unit Development-General) District. Chair Carol Whitlock stated that the applicant contacted Bryan Dyer, Community Development Director, and requested that PA be moved to the last item of business to be conducted. Page 1 of 7

20 Planning Commission Minutes September 6, 2017 LEAH ANN MCCORMICK MOVED THAT APPLICATION PA BE MOVED TO THE LAST ITEM OF BUSINESS TO BE CONDUCTED. BILL BAILEY SECONDED THE MOTION. THE MOTION WAS UNANIMOUSLY APPROVED. 2. SDP Site Development Plan for a storage building and contractor s yard located at 5116 Benson St. in an I-1 (Light Industrial) District. Chair Carol Whitlock presented to the Planning Commission application SDP for a site development plan for property located at 5116 Benson St. in an I-1(Light Industrial) District. Community Development Director Bryan Dyer stated the application is for a site development plan to construct a storage building of approximately 1,200 sq. ft. and an exterior contractor s storage yard. Mr. Dyer reviewed the location and surrounding properties. Mr. Dyer stated that the applicant Lonnie Roberts owns a number of surrounding properties on Benson St. and Merriam Dr. that are utilized as contractor storage yards for his business Stone Solutions. Mr. Dyer stated that the property is in the 100-year flood plain. The previous property owner, Downey Foundation, obtained a flood plain development permit to grade the property in The current property owner, after purchasing the property, obtained an elevation certificate verifying that the fill was placed per the flood plain development permit. Mr. Dyer stated the property was raised up 1.5 feet up above base flood elevation (BFE) which is required by Federal Emergency Management Agency (FEMA) and Merriam Code requirements. Mr. Dyer stated the proposed metal building would be located behind a 6 ft. privacy fence. Mr. Dyer stated typically buildings that face the right-of-way are required to have some sort of brick, stone veneer, or wainscoting, but it will not be necessary for this application since the building would not be completely visible from the righ-of-way. Mr. Dyer stated that the site development plan does meet the landscaping requirements. Mr. Dyer stated that the proposed site does not increase the impervious surface greater than 10 percent. Mr. Dyer stated that staff finds the application in order for consideration of approval. Mr. Dyer stated he would answer any questions of the Planning Commissioners, and stated the applicant was also present. Chair Carol Whitlock inquired if there were any questions for Mr. Dyer. Hearing none, she asked the applicant to come forward. Lonnie Roberts W. 65 th St., Shawnee, KS introduced himself to the Planning Commission. Commissioner Bill Bailey inquired if the fence was going to be left up after the construction of the building. Mr. Roberts stated the fence would remain in place. Chair Carol Whitlock inquired if the property has ever flooded since Mr. Roberts has owned it. Page 2 of 7

21 Planning Commission Minutes September 6, 2017 Mr. Roberts stated the property flooded in 1998 before it was raised. Mr. Roberts stated when the railroad bridge was widened the drainage was improved. Chair Carol Whitlock inquired if there were any additional questions for the applicant. Hearing none, she entertained a discussion or motion. JUDY DEVEREY MOVED THAT THE PLANNING COMMISSION APPROVE APPLICATION SDP , FOR A SITE DEVELOPMENT PLAN FOR A STORAGE BUILDING AND CONTRACTOR S YARD AT 5116 BENSON ST. WITH THE CONDITIONS LISTED IN THE STAFF REPORT. MITCHELL FOWLER SECONDED THE MOTION. THE MOTION WAS UNANIMOUSLY APPROVED. 3. PA Final Plat for Merriam 5 TH Plat-Hyundai at 7020 & 7050 W. Frontage Rd. in a PUD-G (Planned Unit Development-General) District. Chair Carol Whitlock presented to the Planning Commission application PA for a Final Plat for Merriam 5 TH Plat-Hyundai for property located at 7020 & 7050 W. Frontage Rd. in a PUD- G (Planned Unit Development-General) District. Community Development Director Bryan Dyer stated this proposal is from Group One Automotive who owns both of the properties. Mr. Dyer stated this application is in relation to the preliminary development plan that the Planning Commission and City Council approved. The preliminary development plan was to combine the two lots and enlarge the parking area. Mr. Dyer stated that part of the conditions of approval for the preliminary development plan was for the property owner to come back before the Planning Commission to replat the property into one lot. Mr. Dyer stated that the property owner has agreed to dedicate an easement along the W. Frontage Rd. for street maintenance and an existing pedestrian sidewalk. Mr. Dyer stated he would answer any question of the Planning Commissioners and that the applicant was present as well. Chair Carol Whitlock inquired if the Planning Commissioners had any questions for Mr. Dyer. Commissioner Bill Carter inquired if the tract of property that has been proposed for redevelopment to the north was tied in with this request. Mr. Dyer stated that Group One and the developer of the large drainage infrastructure have been communicating with one another in regards to the storm drain box infrastructure, but it does not have any relevance to the plat. Chair Carol Whitlock inquired if the Planning Commissioners had any additional questions for Mr. Dyer. Hearing none, she asked the applicant to come forward. Jerald Pruitt, Barkley, Overland Park, KS introduced himself to the Planning Commission. Mr. Pruitt stated that he prepared the plat and stated he would answer any questions of the Planning Commissioners. Page 3 of 7

22 Planning Commission Minutes September 6, 2017 Chair Carol Whitlock inquired if there were any other questions, hearing none she entertained a discussion or motion. RUSS HARMON MOVED THAT THE PLANNING COMMISSION FORWARD A RECOMMENDATION OF APPROVAL TO CITY COUNCIL FOR APPLICATION PA WITH THE CONDITION LISTED IN THE STAFF REPORT, FOR A FINAL PLAT FOR MERRIAM 5 TH PLAT-HYUNDAI AT 7020 & 7050 W. FRONTAGE RD. LEAH ANN MCCORMICK SECONDED THE MOTION. THE MOTION WAS UNANIMOUSLY APPROVED. 4. Adoption of the 2018 Planning and Zoning Schedule Community Development Director Bryan Dyer stated that the schedule for 2018 has a few items of note. The first items heard at the December 2018 Planning Commission meeting will be heard at the first City Council meeting in January 2019 due to the Christmas Holiday. The second item is the July meeting falls on the Independence Holiday so the meeting will be held on Tuesday, July 3 rd instead of Wednesday, July 4 th. The last item is that the schedule has been condensed due to codification deadlines for public hearing items. Chair Carol Whitlock inquired if any of the Planning Commissioners had any comments. Hearing none, she entertained a motion. BILL BAILEY MOVED THAT THE PLANNING COMMISSION ADOPT THE 2018 PLANNING AND ZONING SCHEDULE. BILL CARTER SECONDED THE MOTION. THE MOTION WAS UNANIMOUSLY APPROVED. 5. PA Final Plat for Audi 2 nd Plat located at 6601 E. Frontage Rd. in a PUD-G (Planned Unit Development-General) District. Chair Carol Whitlock presented to the Planning Commission application PA Final Plat for Audi 2 nd Plat located at 6601 E. Frontage Rd. in a PUD-G (Planned Unit Development-General) District. Community Development Director Bryan Dyer stated that the plat consist of two lots that will be combined. Mr. Dyer stated the Planning Commission and City Council approved the Audi preliminary development plan and Merriam Audi 1 st Plat in July At that time, the preliminary development plan showed the entire area, which included the parking lot for World s Gym, the new Audi dealership and Days Inn. The final plat was approved for the area to the north, which divided the property into two lots, Lot 1 & Lot 2. Lot 1 is going to be retained by World s Gym, and Lot 2 is going to be combined into the Days Inn lot and made into one lot, which corresponds with the preliminary development plan and the final development plan. The lot will be approximately 167,000 sq. ft. and corresponds with the preliminary development plan for Audi. Mr. Dyer stated there is a dedicated five (5) foot utility easement along the southern portion of the property and dedication of right-of-way. Mr. Dyer stated he would answer any question of the Planning Commissioners and that the applicant was present as well. Page 4 of 7

23 Planning Commission Minutes September 6, 2017 Chair Carol Whitlock inquired if the Planning Commissioners had any additional questions for Mr. Dyer. Hearing none, she asked the applicant to come forward. Kevin Pinkowski with BHC Rhodes, 7101 College Blvd., Ste. 400, Overland Park, KS introduced himself to the Planning Commission. Mr. Pinkowski thanked the Planning Commission for working with his schedule. Chair Carol Whitlock inquired about the driveway at the north end of the property. Mr. Dyer stated that the area was part right-of-way and part access easement, and it was addressed on the Audi 1 st Plat. Chair Carol Whitlock inquired if there were any other questions, hearing none she entertained a discussion or motion. BILL CARTER MOVED THAT THE PLANNING COMMISSION FORWARD A RECOMMENDATION OF APPROVAL TO CITY COUNCIL FOR APPLICATION PA WITH THE CONDITION LISTED IN THE STAFF REPORT, FOR A FINAL PLAT FOR MERRIAM Audi 2 nd PLAT AT 6601 E. FRONTAGE RD. BILL BAILEY SECONDED THE MOTION. THE MOTION WAS UNANIMOUSLY APPROVED. IV. BUSINESS FROM THE FLOOR Consider a revision to an existing conditional use permit (C-03-14) for the installation of additional solar panels at a residence located at Carrie Lane. Mr. Community Development Director Bryan Dyer stated staff sent out a memorandum and there is a copy on each dias for a revision of a conditional use permit. Mr. Dyer reviewed the original conditional use permit for the installation of 21 solar panels. Mr. Dyer stated that per city code, the installation of solar panels are allowed, however if they are visible from the right-of-way the Planning Commission must consider four criteria in acting upon the request. The applicant is now requesting to install 10 additional solar panels. Mr. Dyer summarized the application, the property, and the reviewed the proposed panels. Mr. Dyer stated the proposed 10 panels on the western facing slope for the garage are very similar to the panels that were installed in Mr. Dyer reviewed the four criteria and stated staff recommends approval of the revision to conditional use permit (C-03-14). Mr. Dyer stated that staff has not received any comments on the previously installed panels. Mr. Dyer stated he would answer any question of the Planning Commissioners and that the applicant was present as well. Chair Carol Whitlock inquired if there were any questions for Mr. Dyer. Page 5 of 7

24 Planning Commission Minutes September 6, 2017 Commissioner Bill Carter inquired if the applicant was required to notify surrounding neighbors. Mr. Dyer stated that was not a requirement. Chair Carol Whitlock inquired if the Planning Commissioners had any additional questions for Mr. Dyer. Hearing none, she asked the applicant to come forward. John Ingraham, 6003 W. 157 th Place, Overland Park, KS introduced himself to the Planning Commission. Mr. Ingraham stated he is with Sun Source Homes and they prepared the drawings, and will be constructing and installing the solar panels. Commissioner Mitchell Fowler inquired how much the resident would be saving per month with the installation of the solar panels. Mr. Ingraham stated he did not have the exact numbers since this is a supplemental system. Mr. Ingraham stated they typically design the systems so they cover percent of the energy load. Commissioner Bill Bailey inquired what the structural support loads were. Mr. Ingraham stated the have joist every 48 inches and have to design the panels to uphold to 90mph wind design requirement and uploads. Mr. Ingraham stated they have a Structural Engineer that does an analysis for each one of their projects. Chair Carol Whitlock inquired if there were any other questions, hearing none she entertained a discussion or motion. Commissioner Russ Harmon stated that he did not have a question, but a statement. Commissioner Harmon stated he voted against the panels in 2014, but that by adding the additional panels on the garage might balance out the overall appearance. REUBEN COZMEYER MOVED THAT THE PLANNING COMMISSION APPROVE APPLICATION C WITH THE CONDITIONS LISTED IN THE MEMORANDUM, FOR SOLAR PANELS AT CARRIE LANE. LEAH ANN MCCORMICK SECONDED THE MOTION. THE MOTION WAS UNANIMOUSLY APPROVED. City Council approved the Hyundai preliminary development plan and the Group Day Care. The B.E. Smith 5 th Plat for Shawnee Mission Medical Center was withdrawn, as there were changes the applicant wanted to make before it was approved by City Council. This application will be coming forward in the October Planning Commission meeting. Code Enforcement statistics are now available through our new database software. The in-line office building in front of World s Gym has been demolished. Page 6 of 7

25 Planning Commission Minutes September 6, 2017 The Shawnee Mission School District warehouse project in underway. There has not been any submissions for the K-Mart property at this time. There has been no updates or discussion with Freddy s Frozen Custard & Steakburgers. V. UNFINISHED BUSINESS None VI. VII. OLD BUSINESS None ADJOURNMENT With no further business for discussion, Chair Carol Whitlock asked for a motion for adjournment. BILL BAILEY MOVED FOR ADJOURNMENT. The meeting was adjourned at 7:50p.m. Respectfully Submitted, Approved: Nancy B. Yoakum Recording Secretary Page 7 of 7

26 Action Form - PA Merriam Audi 2 nd Plat Page 1 of 2 AGENDA ITEM INFORMATION FORM Agenda Item: Consider accepting the dedication of easements shown on the Merriam Audi 2 nd Plat located at 6601 E. Frontage Road. (PA ) Department: Community Development Committee: Planning Commission Background/Description of Item The applicant, Holman Automotive Group represented by The Gravity Company, is requesting approval of Merriam Audi 2 nd Plat. Currently, the subject property consists of two lots, Merriam Audi 1 st Plat, Lot 2 (6505 E. Frontage Road) and Greer Addition, Lot 2 (6601 W. Frontage Road). This proposal is to replat those two lots into one lot, Merriam Audi 2 nd Plat, Lot 1. The Planning Commission reviewed and approved the Merriam Audi 1 st Plat (PA ) and Shawnee Mission Audi preliminary development plan (PUD ) on July 5, The Merriam City Council subsequently approved the Merriam Audi 1 st Plat and the Shawnee Mission Audi preliminary development plan on July 24, Currently, the subject property is developed with an office building and a hotel building. The approval of the proposed Merriam Audi 2 nd Plat will create a lot that corresponds with the approved development plan and facilitate the construction of an Audi automobile dealership. Gravity Company will construct the new dealership for the Holman Automotive Group. A condition of approval of the Shawnee Mission Audi preliminary development plan is that the final plats (Audi 1 st plat and Audi 2 nd plat) for the Audi property will be filed with the county prior to the approval of the final development plan. The subject property is zoned PUD-G (Planned Unit Development - General) District and the proposed final plat will create one (1) 187,514 square foot lot. Dedication of Right-of-Way The plat dedicates an approximate 12 foot right-of-way to the city for the eastern portion of E. Frontage Road. The right-of-way dedication replaces an existing right-of-way easement that was dedicated to the city for street maintenance and a pedestrian sidewalk. That easement was previously dedicated to the city via separate instrument. Easements The plat dedicates a five (5) foot utility easement on the south portion of the property. The plat also dedicates a stormwater easement for the purposes of directing existing stormwater flows across the property from east to west. Following the Planning Commission s approval of the subject plat, the applicant requested that the north/south access easement shown along the subject property s east lot line be removed and replaced by a private access easement that will be filed via separate instrument with the county. That private access easement would terminate if and when the World s Gym property redevelops and the access easement is no longer needed. Staff supports the request because it facilitates an orderly redevelopment of the World s Gym property if it redevelops. Based on this request, following the Planning Commission s approval two additional conditions of approval of been added to this request.

27 Action Form - PA Merriam Audi 2 nd Plat Page 2 of 2 The remaining easements shown on the plat are existing. Lots Total Area: Approximately ± Acres (187,514± sq. ft.) Lot 1: ± Acres (187,514± sq. ft.) Public Utilities The subject property has access to all required public utilities. The Planning Commission approved the plat with the following conditions. 1. The Merriam Audi 2 nd Plat must be filed with the county prior to approval of the Shawnee Mission Audi Final Development Plan. 2. Remove 27.5 foot access easement that runs north/south along the east lot line. 3. Prior to the issuance of a building permit for construction, the applicant will file with the county a private access agreement that is similar in size and intent to the one to be removed. Prior to filing the access agreement, the applicant will provide the Community Development Director with a draft of the agreement for his review and approval. Related Ordinance or Statute: City of Merriam Code Chapter 62 Subdivisions Recommendation: City Council accept the dedication of easements and right-of-way shown on the Merriam Audi 2 nd plat. (PA ). Prepared by: Bryan P. Dyer, AICP Date: September 25, 2017 Community Development Director

28 Community Development Staff Report Planning Commission September 6, 2017 PA Merriam Audi 2nd Plat Application: Request: Property Address: Applicant: PA Merriam Audi 2nd Plat Approval of a Final Plat 6601 E. Frontage Road The Gravity Company, Owner s Representative Current Zoning and Land Use PUD-G (Planned Unit Development General) District; currently developed with an office building and hotel. Surrounding Zoning and Land Use PUD-G District to the north; currently developed with and office building; PUD-G District to the south; developed with Country Hill Motors automobile sales; PUD-G District to the east; developed with World s Gym gymnasium recreational facilities and Water One pump station; I-35 to the west. Legal Description Greer Addition, Lot 2 Merriam Audi 1 st Plat, Lot 2 Property Area ± acres 187,514± sq. ft. Number of Lots (1) Lot ± acres 187,514± sq. ft. Related Case Files Fairfield Inn 6601 E. Frontage Rd. PUD-G P Greer Addition, Lot E. Frontage Rd. Final Plat SD-1-95 Gold s Gym 6501 Golds Gym Site Plan John Bregin (Gold s Gym) 6505 E. Frontage PUD-G PA Audi 1 st Plat 6505 E. Frontage Rd. Final Plat PUD Shawnee Mission Audi 6601 E. Frontage Rd. PUD-G Page 1 of 4

29 PA Final Plat Merriam Audi 2 nd Plat PC Meeting September 6, 2017 Vicinity Map PA Merriam Audi 2 nd Plat Aerial View Vicinity Map Page 2 of 4

30 PA Final Plat Merriam Audi 2 nd Plat PC Meeting September 6, 2017 Staff Comments: The applicant, Holman Automotive Group represented by The Gravity Company, is requesting approval of Merriam Audi 2 nd Plat. Currently, the subject property consists of two lots, Merriam Audi 1 st Plat, Lot 2 (6505 E. Frontage Road) and Greer Addition, Lot 2 (6601 W. Frontage Road). This proposal is to replat those two lots into one lot, Merriam Audi 2 nd Plat, Lot 1. The Planning Commission reviewed and approved the Merriam Audi 1 st Plat (PA ) and Shawnee Mission Audi preliminary development plan (PUD ) on July 5, The Merriam City Council subsequently approved Merriam Audi 1 st Plat and the Shawnee Mission Audi preliminary development plan on July 24, Currently, the subject property is developed with an office building and a hotel building. The approval of the proposed Merriam Audi 2 nd Plat will create a lot that corresponds with the approved development plan and facilitate the construction of an Audi automobile dealership. Gravity Company will construct the new dealership for the Holman Automotive Group. A condition of approval of the Shawnee Mission Audi preliminary development plan is that the final plats (Audi 1 st plat and Audi 2 nd plat) for the Audi property will be filed with the county prior to the approval of the final development plan. The subject property is zoned PUD-G (Planned Unit General) District and the proposed final plat will create one (1) 187,514 square foot lot. Comments from City staff and Public Utilities As part of the review process, staff provided copies of the proposed plat to the public utilities. In addition, staff solicited comments from other city departments. The applicant has addressed all comments. Dedication of Right-of-Way The plat dedicates an approximate 12 foot right-of-way to the city for the eastern portion of E. Frontage Road. The right-of-way dedication replaces an existing right-of-way easement that was dedicated to the city for street maintenance and a pedestrian sidewalk. That easement was previously dedicated to the city via separate instrument. Easements The plat dedicates a five (5) foot utility easement on the south portion of the property. The plat also dedicates a stormwater easement for the purposes of directing existing stormwater flows across the property from east to west. The remaining easements shown on the plat are existing. Access Following the approval of the plat, the subject property will have direct access to E. Frontage Road. Page 3 of 4