MERRIAM CITY COUNCIL WORK SESSION CITY HALL 9001 WEST 62 ND STREET SEPTEMBER 22, :00 P.M.

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1 MERRIAM CITY COUNCIL WORK SESSION CITY HALL 9001 WEST 62 ND STREET SEPTEMBER 22, :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. 1. Update of Upper Turkey Creek Flood Mitigation Project MERRIAM CITY COUNCIL AGENDA CITY HALL 9001 WEST 62 ND STREET SEPTEMBER 22, :00 P.M. I. CALL TO ORDER - PLEDGE OF ALLEGIANCE II. ROLL CALL 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. 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. Council items: 1

2 1. Approval of the minutes of the City Council Meeting held September 8, Consider approval of a Request for Construction Project (KDOT form 1302) for Shawnee Mission Parkway over BNSF Railroad Bridge Project. V. MAYOR S REPORT VI. COUNCIL ITEMS A. Finance and Administration B. Community Development/Public Works/CIP 1. Consider approval of an ordinance authorizing acquisition of land located at W. 70 th Street by condemnation for the purpose of public improvements related to the Meyer Creek Drainage Improvements (recommend waiving first reading). 2. Consider approval of an ordinance authorizing acquisition of land located at W. 70 th Street by condemnation for the purpose of public improvements related to the Meyer Creek Drainage Improvements (recommend waiving the first reading). 3. Community Development Update. VII. STAFF ITEMS 1. Presentation regarding ramp metering. VIII. IX. NEW BUSINESS EXECUTIVE SESSION X. ADJOURNMENT Respectfully submitted, Juliana Pinnick Juliana Pinnick City Clerk 2

3 MERRIAM CITY COUNCIL MINUTES CITY HALL 9001 W. 62 nd Street September 8, :00 P.M. I. CALL TO ORDER - PLEDGE OF ALLEGIANCE Mayor Ken Sissom called the meeting to order at 7:00 pm. II. ROLL CALL Pam Bertoncin Todd Boyer John Canterbury Al Frisby Chris Evans Hands Nancy Hupp Chad Rowe Jim Wymer Staff present: Phil Lammers, City Administrator; Cindy Ehart, Finance Director; Michelle Daise, City Attorney; Mike Daniels, Police Chief; Hye Jin Lee, City Engineer; Bob Pape, Fire Chief; 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. 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. A. Council items: 1. Approval of the minutes of the City Council Meeting held August 25, COUNCILMEMBER FRISBY MOVED THAT THE COUNCIL APPROVE THE CONSENT AGENDA ITEM 1. THE MOTION WAS APPROVED. 1

4 V. MAYOR S REPORT VI. COUNCIL ITEMS COUNCILMEMBERS BERTONCIN, CANTERBURY AND HANDS ABSTAINED. 1. Appointment of voting delegates and/or alternates for League of Kansas Municipalities Annual Conference. COUNCILMEMBER BOYER MOVED THAT GOVERNING BODY MEMBERS HANDS, BOYER AND SISSOM BE THE CITY S VOTING DELEGATES FOR THE LEAGUE OF KANSAS ANNUAL CONFERENCE. THE MOTION WAS UNANIMOUSLY APPROVED. Mayor Sissom added an item to the Mayor s Report regarding concerns over the Johnson County Library in Merriam. The Library Board is conducting a study to determine ways to make the library system more cost-effective. Mayor Sissom had some discussion with other council members who are concerned that the Merriam (Antioch location) may be affected by the library board s future decisions. Councilmember Boyer had a resolution drawn up to express the council s support of keeping a library in Merriam. The resolution was read aloud. Council members unanimously agreed to send the resolution to the library board to let them know that the city would at the very least like to be a part of any discussions that would impact the Merriam library. A. Finance and Administration 1. Consider approval of the purchase of a police radio signal booster/amplifier using drug forfeiture funds. COUNCILMEMBER ROWE MOVED THAT THE COUNCIL APPROVE THE PURCHASE OF A POLICE RADIO SIGNAL BOOSTER USING DRUG FORFEITURE FUNDS. THE MOTION WAS UNANIMOUSLY APPROVED. 2. Consider approval of an ordinance adopting the 2014 Uniform Public Offense Code (UPOC) (recommend waiving the first reading). COUNCILMEMBER HUPP MOVED THAT THE COUNCIL WAIVE THE CUSTOMARY FIRST READING OF AN ORDINANCE 2

5 ADOPTING THE 2014 UNIFORM PUBLIC OFFENSE CODE. THE MOTION WAS UNANIMOUSLY APPROVED. COUNCILMEMBER HANDS MOVED THAT THE COUNCIL APPROVE AN ORDINANCE ADOPTING THE 2014 UNIFORM PUBLIC OFFENSE CODE. THE MOTION WAS UNANIMOUSLY APPROVED. COUNCILMEMBER HANDS MOVED THAT THE COUNCIL RECESS INTO EXECUTIVE SESSION PURSUANT TO THE KANSAS OPEN MEETINGS ACT EXCEPTION FOR THE PURPOSE OF RECEIVING LEGAL ADVICE. PRESENT WILL BE THE GOVERNING BODY, CITY ATTORNEY AND CITY ADMINISTRATOR. THE MEETING WILL RECONVENE IN THE COUNCIL CHAMBERS AT 7:35 PM. COUNCILMEMBER HUPP SECONDED AND THE MOTION WAS UNANIMOUSLY APPROVED. The meeting reconvened at 7:40 pm. 3. Consider approval of an ordinance adopting the 2014 Standard Traffic Ordinance (STO) (recommend waiving the first reading). Mayor Sissom commented that while the council is in support of the alternate International Symbol of Access as proposed in this ordinance, due to conflicting and unresolved rulings by the Federal and State regulatory authorities, the City Attorney has advised it best to remove that provision of the ordinance at this time. It appears that the alternate symbol of accessibility may not be enforceable in court if issued a ticket for parking ticket. More time to research and seek out a defined ruling on this issue is needed to ensure that once adopted the provision of the ordinance will be enforceable on public and private property. City Attorney Michelle Daise commented that the proposed STO ordinance that is being considered tonight has the DUI provisions needed to prosecute 3 rd and 4 th DUI s in Municipal Court. There is some conflict of the municipal court s authority to prosecute these so it is not in the STO. By having these provisions in the ordinance as an amendment to the STO, it gives municipal courts the option of prosecuting these cases or referring them to District Court. Regarding the accessibility icon provision of the proposed ordinance, at this time, it is recommended to remove Section from the ordinance until some clear ruling on this is resolved. 3

6 COUNCILMEMBER HANDS MOVED THAT THE COUNCIL WAIVE THE CUSTOMARY FIRST READING OF AN ORDINANCE ADOPTING THE 2014 STANDARD TRAFFIC ORDINANCE. THE MOTION WAS UNANIMOUSLY APPROVED. COUNCILMEMBER FRISBY MOVED THAT THE COUNCIL APPROVE AN ORDINANCE ADOPTING THE 2014 STANDARD TRAFFIC ORDINANCE, REMOVING SECTION WHICH WILL BE CONSIDERED AT A LATER TIME. THE MOTION WAS UNANIMOUSLY APPROVED. Finn Bullers, 3515 W. 78 th Street, Prairie Village, KS addressed the council regarding the alternate icon issue. While the federal regulators say this is a state enforceable issue, the state says it s a federal issue. This makes it difficult for folks who are trying to move this issue forward. Mr. Bullers commented that his organization is trying to clear these issues up. Mr. Bullers is very encouraged that the council is still supportive of this issue. He is working with state representatives to get this approved on a state level, then there are no issues with local jurisdictions. Mayor Sissom commented that as New York State has approved the icon; it will likely cause this issue to be resolved sooner than later. Mark Greene, 5639 Flint, Shawnee, KS addressed the council thanking them for taking the initiative and accepting the new icon. Mr. Greene asked if the council would consider sending a proclamation of support to state representatives in an effort to get the state to adopt the icon. Mayor Sissom commented that the council will consider doing that. 4. Discussion regarding additional part-time CIP employee. City Administrator Phil Lammers commented that the memo included in the council packet explained this proposed addition to staff. There is no motion required this was just an informational item. 5. Finance Report. Finance Director Cindy Ehart presented the finance report for the month of August. 4

7 B. Community Development/Public Works/CIP 1. CIP Update. City Engineer Hye Jin Lee provided an update to the CIP report that was in the Agenda Packet. The Johnson Drive Bridge has been open for a couple of weeks. Crews are still cleaning up under the bridge. A Storm Watch rain gage will be installed on the bridge to measure rainfall events. As well a bridge deck temperature gage sensor will be installed to monitor bridge conditions related to cold weather and icing over of the bridge. Residential Street Group IV is progressing along. Cater and Grant are completely done except for sod. 55 th Street and Hayes are getting the storm pipe installation completed this week. There have been some issues with utility relocation on this project. With Google in the city doing their installs it is causing some difficulties. Damage done by Google sometimes causes the utility team, particularly the gas company working on the CIP project to get called off to do emergency repairs. Water One continues to relocate their water line that crosses 55 th St. some folks will be without for about a 3 hour period just before the switch over to the new line. Google hit an 8 main today at Johnson Drive and IKEA Way. It has caused the curb and gutter to separate from the pavement as well as heaved up the asphalt. Hopefully the sub grade of the street has not been compromised. It has not yet been determined the amount or if any serious damage has occurred. The 75 th Street Bridge has had some changeover in lanes so that has been causing some traffic backups. One commuters get used to the lane changeovers the backups should be reduced. The 67 th Street north bound ramp is scheduled to be open Wednesday morning. Shawnee Creek is ready for sod installation. Removal of the temporary erosion mat will be removed and fine grading will be completed prior to sod installation. Antioch Park Creek scope of work has been reduced due to the land surveyors finding the actual elevation of the creek flow line deeper than the 2006 Johnson County Watershed Study estimated model. 5

8 IX. STAFF ITEMS X. NEW BUSINESS XI. EXECUTIVE SESSION COUNCILMEMBER ROWE MOVED THAT THE COUNCIL RECESS INTO EXECUTIVE SESSION PURSUANT TO THE KANSAS OPEN MEETINGS ACT EXCEPTION TO DISCUSS MATTERS REGARDING PROPERTY ACQUISITION THAT WOULD BE DEEMED PRIVILEGED IN AN ATTORNEY-CLIENT RELATIONSHIP. PRESENT WILL BE THE GOVERNING BODY, CITY ATTORNEY, CITY ADMINISTRATOR AND CITY ENGINEER. THE MEETING WILL RECONVENE IN THE COUNCIL CHAMBERS AT 8:50 PM. COUNCILMEMBER HANDS SECONDED AND THE MOTION WAS UNANIMOUSLY APPROVED. XII. ADJOURNMENT THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE COUNCIL, COUNCILMEMBER HUPP MOVED TO ADJOURN AT 8:51 PM. COUNCILMEMBER HANDS SECONDED AND THE MOTION WAS UNANIMOUSLY APPROVED. Respectfully submitted, Juliana Pinnick Juliana Pinnick City Clerk 6

9 AGENDA ITEM INFORMATION FORM Agenda Item: Execute a Kansas Department of Transportation (KDOT) Request for Construction Project (Form 1302) for Shawnee Mission Pkwy over BNSF railroad Bridge Rehabilitation Department: CIP/Engineering Background/Description of Item: In 2012, staff submitted a funding application in response to Call for Projects by Mid-America Regional Council (MARC). The initial requested amount was $1,864,000. The STP committee recommended funding for approximately 90% of that requested amount of $1,678,000 for construction in In 2013, MARC proposed a 0.50% fee for the project fee for the project receiving anticipated Federal funds as an administrative fee. Council approved this expenditure ($8,390.00) on February 25, KDOT s Request for Construction Project (Form 1302) is a formal request and City s pledge of matching funds for project. Estimated matching City s fund is $1,010,880. (Note: The total project cost estimate in CIP program is different than the KDOT s summary of costs.) The submittal of this request will initiate assignment of a KDOT project number, which will be referenced for all future correspondences regarding this project. For Federally funded projects, all engineering services must go through the Qualification Based Selection (QBS) process. This process is different from typical City s CIP projects for selecting consultants. The engineering consultant is selected solely based on their qualifications of their staff and successful completion of similar projects. Then the fee and scope are negotiated afterward. On Johnson Drive, bridge project had the same process and the selected consultant provided the construction engineering/inspection services during construction. The Request for Construction Project is enclosed for your information. The form needs signatures of the City Engineer and the Mayor attested by the City Clerk. Related Ordinance(s) or Statute(s): None Recommendation: Recommend that the Council authorize the Mayor and the City Engineer to execute the Request for Construction Project (KDOT form 1302) for Shawnee Mission Pkwy over BNSF railroad Bridge Rehabilitation project. Funding Source: $1,010,880 Merriam matching fund from Special Sales Tax Projects Streets/Stormwater Prepared by: Hye Jin Lee, P.E. City Engineer Date: September 22, 2014

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13 AGENDA ITEM INFORMATION FORM Agenda Item: Consider approval an Ordinance to begin an Eminent Domain process to acquire easements for property located at W 70 TH STREET, MEYER S ESTATE (Smith Property) for flood mitigation for Meyer Creek Stormwater Improvement Project Johnson County SMP project No. TC Department: CIP/Engineering Background/Description of Item: Meyer Creek Project needed easements from forty (40) properties for the construction of the project as designed. This is one of two properties still needing easements necessary for construction as designed. On June 9, 2014, Council approved the Resolution #856 to begin the legal proceedings to begin the acquisition of easement necessary for construction of Meyer Creek Improvement Project. The first reading of the Ordinance on June 23, 2014 was tabled until October 13, In the mean time, staff engaged in additional discussions with the property owner. The property owner requested far more than staff was authorized per Council Policy 120 and/or as authorized by the Council to staff. Staff would like to move forward with consideration of the condemnation ordinances at the September 22 nd meeting rather than waiting an additional three weeks to the October 13 th meeting. Recent experience with the eminent domain process has resulted in the process taking approximately three months from beginning to end. There is additional concern of delay with holidays occurring over the next three months. To stay on track with the bidding process and subsequent construction in late 2014/early 2015, staff is asking for Council s consideration of this ordinance at the September 22, 2014 City Council Meeting. Staff is also recommending waiving the first reading of this ordinance. Meyer Creek Stormwater Improvement Project received Johnson County s Stormwater Management Program (SMP or SMAC) funds. CIP and Public Works staffs receive several calls each spring in Meyer s Estate subdivision for stormwater inundation/flood related calls. The project is in final plan preparation and ready for bidding. Staff requested Temporary Construction Easement and Permanent Drainage Easement on the Smith property to remove and reconstruct the channel for additional stormwater capacity and construction of storm drainpipe. Staff had numerous discussions via phone and s with Mr. Smith regarding the easement. Mr. Smith s primary concerns are as follows. The storm drain pipe along the driveway and Staff Response: The pipe is located at this location due to engineer s effort to install the pipe furthest distance away from the structures. Mr. Smith requested if the pipe could be moved to neighbor s side yard where two homes are in close proximity. Staff does not recommend this option due to safety issues of constructing close proximity to structures. J:\Council Documents\Council Documents\Paperless packets\city Council\2014\ \5-AF W. 70th St. Meyer Creek.docx

14 Loss of trees and shrubs Staff Response: A tree will be replanted as part of reforestation policy. He is not satisfied with the size of new tree. Concern for his home foundation with construction activity and vibration. Staff Response: Preconstruction survey/photo documentation will be performed for all homes adjacent to the creek as part of the project. Any damage incurred in the foundation due to construction activity will be repaired by the contractor. He also wanted the entire driveway restored instead of the portion that is disturbed. He clearly indicated that he would not sign the easements. Staff Response: Per Council Policy, in all previous CIP projects, property owners are encouraged to contract directly with the contractor on site to replace/upgrade any portion not impacted by the project. (Subsequently, the Council made additional concession to replace the whole driveway with concrete.) City is requesting the following easements. Temporary Construction Easement Permanent Drainage Easement 3,091SF 1,198 SF He also indicated that he consulted an attorney and a real estate professional to assess the valuation of his property due to construction activity. He also indicated that he would not execute the easements even with additional concessions. Related Ordinance(s) or Statute(s): Eminent Domain Pre-court Procedure (KSA et seq.) Recommendation: The Council approve an Ordinance to begin the process of eminent domain for the property located at W 70 th Street in Meyer s Estate for flood mitigation project for Meyer Creek Stormwater Improvement Project. Staff recommends waiving the first reading. Funding Source: Special Sales tax and Johnson County SMP funds Prepared by: Hye Jin Lee, P.E. City Engineer Date: September 22, 2014 J:\Council Documents\Council Documents\Paperless packets\city Council\2014\ \5-AF W. 70th St. Meyer Creek.docx

15 CITY OF MERRIAM MEYER CREEK STORMWATER IMPROVEMENT ORDINANCE NO. AN ORDINANCE AUTHORIZING AND PROVIDING FOR THE ACQUISITION OF LAND OR AN INTEREST THEREIN BY CONDEMNATION FOR THE PURPOSE OF FLOOD MITIGATION/ DRAINAGE IMPROVEMENTS AS PART OF MEYER CREEK STORM WATER IMPROVEMENT PROJECT AND AUTHORIZING A SURVEY AND DESCRIPTION OF THE LAND OR INTEREST TO BE ACQUIRED WHEREAS, the Governing Body of the City of Merriam, Kansas, has by Resolution No. 856 declared the necessity to appropriate private property for flood mitigation and drainage improvements identified as Meyer Creek Stormwater Improvement to reconstruct the existing concrete channel to increase the capacity and construction of stormwater catch basins, underground storm drain pipes and appurtenances in Meyer s Estate Subdivision including all other work necessary and incidental thereto, which are collectively defined as Meyer Creek Project. Project Area is generally described as Meyer s Estate Subdivision located within the corporate city limits of the City of Merriam, Kansas WHEREAS, the Governing Body of the City of Merriam, Kansas, has by Resolution No. 856 authorized a survey and description of the land or interest to be condemned to be made by a licensed land surveyor or a competent professional engineer and filed with the City Clerk; and WHEREAS, such survey and description has been made and filed with the City Clerk. NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF MERRIAM, KANSAS THAT: SECTION 1. It is hereby authorized and provided that the land or interest described on Exhibit A be acquired by condemnation pursuant to K.S.A for the flood mitigation and storm drainage improvements collectively defined herein as the Project Area, and all other work necessary and incidental thereto. SECTION 2. It is further authorized and provided that as soon as practical, after enactment Page 1 of 5

16 of this Ordinance, action be initiated to exercise the power of eminent domain in accordance with K.S.A , et seq., the Eminent Domain Procedure Act, to condemn all land hereinbefore described. SECTION 3. This Ordinance shall take effect and be in full force and effect from and after publication in an official City newspaper as provided by law. PASSED by the Governing Body this, APPROVED by the Mayor this, ATTEST: KEN SISSOM, Mayor Juliana Pinnick, City Clerk APPROVED AS TO FORM: Michelle Daise, City Attorney Page 2 of 5

17 EXHIBIT A PROJECT TRACT B23 OWNER: WILLIAM F. AND SHARI LEMAN SMITH PROPERTY ADDRESS: W 70 th STREET, MERRIAM, KS OTHER INTERESTED PARTIES: To be determined pending title record search The bearings used in this description are Grid North, based on the Kansas State Plane Coordinate System, North Zone, NAD83. PERMANENT DRAINAGE EASEMENT EASEMENT AREA All that part of Lot 8, Block 3, MEYER S ESTATE, a subdivision of record in the City of Merriam, Johnson County, Kansas, being more particularly described as follows: Commencing at the Eastern-most corner of said Lot 8; thence North 23 15' 30" West, along the Northeasterly line of said Lot 8, a distance of feet to the intersection of the Northeasterly line of said Lot 8 and the Northwesterly line of a permanent drainage easement filed as Instrument No , in Book 2392 at Page 596, on July 29, 1986, with the Johnson County Register of Deeds, said point also being the Point of Beginning; thence South 73 03' 18" West, along the Northwesterly line of said permanent drainage easement, a distance of 7.55 feet to a point on a line that is 7.50 feet Southwesterly of and parallel with the Northeasterly line of said Lot 8; thence North 23 15' 30" West, along a line that is 7.50 feet Southwesterly of and parallel with the Northeasterly line of said Lot 8, a distance of feet; thence North 53 46' 30" West, departing the line that is 7.50 feet Southwesterly of and parallel with the Northeasterly line of said Lot 8, a distance of feet to a point on the Northwesterly line of said Lot 8; thence Northeasterly along the Northwesterly line of said Lot 8, around a curve to the left that is non-tangent with the exit of the last described course, having an initial tangent bearing of North 68 40' 31" East, a radius of feet, and a central angle of 01 10' 36", an arc distance of feet; thence South 53 46' 30" East, departing the Northwesterly line of said Lot 8, a distance of feet to a point on the Northeasterly line of said Lot 8; thence South 23 15' 30" East, along the Northeasterly line of said Lot 8, a distance of feet to the Point of Beginning. Containing 1,198 square feet, more or less. TEMPORARY CONSTRUCTION EASEMENT EASEMENT AREA All those parts of Lot 8, Block 3, MEYER S ESTATE, a subdivision of record in the City of Merriam, Johnson County, Kansas, being more particularly described as follows: Beginning at the Northern-most corner of said Lot 8; thence South 23 15' 30" East, along the Northeasterly line of said Lot 8, a distance of feet; thence North 53 46' 30" West, departing the Northeasterly line of said Lot 8, a distance of feet to a point on the Northwesterly line thereof; thence Northeasterly along the Northwesterly line of said Lot 9, around a curve to the left that is non-tangent with the exit of the last described course, having an initial tangent bearing of North 67 29' 55" East, a radius of feet, and a central angle of 00 55' 14", an arc distance of feet to the Point of Beginning. Containing 161 square feet, more or less. And Commencing at the Southern-most corner of said Lot 8; thence North 16 57' 11" West, along the Page 3 of 5

18 Southwesterly line of said Lot 8, a distance of feet to the intersection of the Southwesterly line of said Lot 8 and the Northwesterly line of a permanent drainage easement filed as Instrument No , in Book 2392 at Page 596, on July 29, 1986, with the Johnson County Register of Deeds, said point also being the Point of Beginning; thence continuing North 16 57' 11" West, along the Southwesterly line of said Lot 8, a distance of feet to a point on a line that is feet Northwesterly of and parallel with the Southeasterly line of said Lot 8; thence North 78 07' 11" East, along a line that is Northwesterly of and parallel with the Southeasterly line of said Lot 8, a distance of feet to a point on a line that is feet Southwesterly of and parallel with the Northeasterly line of said Lot 8; thence North 23 15' 30" West, along a line that is feet Southwesterly of and parallel with the Northeasterly line of said Lot 8, a distance of feet; thence North 53 46' 30" West, departing the line that is feet Southwesterly of and parallel with the Northeasterly line of said Lot 8, a distance of feet to a point on the Northwesterly line of said Lot 8; thence Northeasterly along the Northwesterly line of said Lot 8, around a curve to the left that is non-tangent with the exit of the last described course, having an initial tangent bearing of North 69 16' 10" East, a radius of feet, and a central angle of 00 35' 39", an arc distance of 8.92 feet; thence South 53 46' 30" East, departing the Northwesterly line of said Lot 8, a distance of feet to a point on a line that is 7.50 feet Southwesterly of and parallel with the Northeasterly line of said Lot 8; thence South 23 15' 30" East, along a line that is 7.50 feet Southwesterly of and parallel with the Northeasterly line of said Lot 8, a distance of feet to a point on the Northwesterly line of said permanent drainage easement; thence South 73 03' 18" West, along the Northwesterly line of said permanent drainage easement, a distance of feet to the Point of Beginning. Containing 3,091 square feet, more or less. Page 4 of 5

19 7401 West 129th Street, Suite 110 Overland Park, Kansas Phone: Toll Free: Fax:

20 AGENDA ITEM INFORMATION FORM Agenda Item: Consider approval of an Ordinance to begin an Eminent Domain process to acquire easements for property located at W 70 TH STREET, MEYER S ESTATE (Walsh Property) for flood mitigation for Meyer Creek Stormwater Improvement Project Johnson County SMP project No. TC Department: CIP/Engineering Background/Description of Item: Meyer Creek Project needed easements from forty (40) properties for the construction of the project as designed. This is one of two properties still needing easements necessary for construction as designed. On June 9, 2014, Council approved the Resolution #856 to begin the legal proceedings to begin the acquisition of easement necessary for construction of Meyer Creek Improvement Project. The first reading of the Ordinance on June 23, 2014 was tabled until October 13, In the mean time, staff engaged in additional discussions with the property owner. The property owner requested far more than staff was authorized per Council Policy 120 and/or as authorized by the Council to staff. Staff would like to move forward with consideration of the condemnation ordinances at the September 22 nd meeting rather than waiting an additional three weeks to the October 13 th meeting. Recent experience with the eminent domain process has resulted in the process taking approximately three months from beginning to end. There is additional concern of delay with holidays occurring over the next three months. To stay on track with the bidding process and subsequent construction in late 2014/early 2015, staff is asking for Council s consideration of this ordinance at the September 22, 2014 City Council Meeting. Staff is also recommending waiving the first reading of this ordinance. Meyer Creek Stormwater Improvement Project received Johnson County s Stormwater Management Program (SMP or SMAC) funds. The project is in final plan preparation and ready for bidding. Staff had numerous discussions via phone and s with Mr. Walsh regarding the easement. Mr. Walsh s primary concern is the loss the landscaping along the creek. (The landscape is planted in the previously platted permanent drainage easement.) All the landscape will be restored as part of the reforestation policy except for the flowerbed edging material. Edging will not be re-installed by Public Works crew due to concern for future maintenance requests. Staff offered to compensate for the new edging as part of restoration Council policy. Approximately cost of new edging material is $105. As of June 18, 2014, the property owner expressed that he will not execute the easement. The construction will be constrained and poses danger for contractor due to lack of room to cut grades and shore the slope. City is requesting 1,453 square feet of temporary easement mostly adjacent to the existing creek. J:\Council Documents\Council Documents\Paperless packets\city Council\2014\ \7-AF W. 70th St. Meyer Creek.docx

21 He also indicated that he consulted an attorney and a real estate professional to assess the valuation of his property due to loss of landscaping. He estimates $2,000 is the loss of value And has indicated that he would not execute the easements. Related Ordinance(s) or Statute(s): Eminent Domain Pre-court Procedure (KSA et seq.) Recommendation: The Council approval of an Ordinance to begin the process of eminent domain for the property located at W 70 th Street, Meyer s Estate for flood mitigation project for Meyer Creek Stormwater Improvement Project. Staff recommends waiving the first reading. Funding Source: Special Sales tax and Johnson County SMP funds Prepared by: Hye Jin Lee, P.E. City Engineer Date: September 22, 2014 J:\Council Documents\Council Documents\Paperless packets\city Council\2014\ \7-AF W. 70th St. Meyer Creek.docx

22 CITY OF MERRIAM MEYER CREEK STORMWATER IMPROVEMENT ORDINANCE NO. AN ORDINANCE AUTHORIZING AND PROVIDING FOR THE ACQUISITION OF LAND OR AN INTEREST THEREIN BY CONDEMNATION FOR THE PURPOSE OF FLOOD MITIGATION/ DRAINAGE IMPROVEMENTS AS PART OF MEYER CREEK STORM WATER IMPROVEMENT PROJECT AND AUTHORIZING A SURVEY AND DESCRIPTION OF THE LAND OR INTEREST TO BE ACQUIRED WHEREAS, the Governing Body of the City of Merriam, Kansas, has by Resolution No. 857 declared the necessity to appropriate private property for flood mitigation and drainage improvements identified as Meyer Creek Stormwater Improvement to reconstruct the existing concrete channel to increase the capacity and construction of stormwater catch basins, underground storm drain pipes and appurtenances in Meyer s Estate Subdivision including all other work necessary and incidental thereto, which are collectively defined as Meyer Creek Project. Project Area is generally described as Meyer s Estate Subdivision located within the corporate city limits of the City of Merriam, Kansas WHEREAS, the Governing Body of the City of Merriam, Kansas, has by Resolution No. 857 authorized a survey and description of the land or interest to be condemned to be made by a licensed land surveyor or a competent professional engineer and filed with the City Clerk; and WHEREAS, such survey and description has been made and filed with the City Clerk. NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF MERRIAM, KANSAS THAT: SECTION 1. It is hereby authorized and provided that the land or interest described on Exhibit A be acquired by condemnation pursuant to K.S.A for the flood mitigation and storm drainage improvements collectively defined herein as the Project Area, and all other work necessary and incidental thereto. SECTION 2. It is further authorized and provided that as soon as practical, after enactment Page 1 of 4

23 of this Ordinance, action be initiated to exercise the power of eminent domain in accordance with K.S.A , et seq., the Eminent Domain Procedure Act, to condemn all land hereinbefore described. SECTION 3. This Ordinance shall take effect and be in full force and effect from and after publication in an official City newspaper as provided by law. PASSED by the Governing Body this, APPROVED by the Mayor this, ATTEST: KEN SISSOM, Mayor Juliana Pinnick, City Clerk APPROVED AS TO FORM: Michelle Daise, City Attorney Page 2 of 4

24 EXHIBIT A PROJECT TRACT B24 OWNER: RYAN P. WALSH PROPERTY ADDRESS: W. 70 TH STREET, MERRIAM, KS OTHER INTERESTED PARTIES: To be determined pending title record search The bearings used in this description are Grid North, based on the Kansas State Plane Coordinate System, North Zone, NAD83. TEMPORARY CONSTRUCTION EASEMENT EASEMENT AREA All of the Northwesterly 5.00 feet and all of the Southeasterly feet of Lot 7, Block 3, MEYER S ESTATE, a subdivision of record in the City of Merriam, Johnson County, Kansas. Except all that part thereof lying within a feet wide platted utility and surface drainage easement. Containing 1,453 square feet, more or less. Page 3 of 4

25 7401 West 129th Street, Suite 110 Overland Park, Kansas Phone: Toll Free: Fax:

26 CITY COUNCIL SUGGESTED MOTIONS FOR YOUR CONSIDERATION CONSENT AGENDA 1. Move that the Council approve the Consent Agenda Items 1-2. MAYOR S REPORT FINANCE AND ADMINISTRATION COMMUNITY DEVELOPMENT/PUBLIC WORKS/CIP 1. Move that the council rescind the motion to table the first readings of Council Items B. 1 and 2 on the June 23, 2014 Agenda. 2. Move that the council waive the customary first reading of an ordinance authorizing acquisition of land or an interest therein at W. 70 th Street by condemnation for the purpose of public improvements related to the Meyer Creek Drainage Improvements. 3. Move that the council approve an ordinance authorizing acquisition of land or an interest therein at W. 70 th Street by condemnation for the purpose of public improvements related to the Meyer Creek Drainage Improvements. 4. Move that the council waive the customary first reading of an ordinance authorizing acquisition of land or an interest therein at W. 70 th Street by condemnation for the purpose of public improvements related to the Meyer Creek Drainage Improvements. 5. Move that the council approve an ordinance authorizing acquisition of land or an interest therein at W. 70 th Street by condemnation for the purpose of public improvements related to the Meyer Creek Drainage Improvements. STAFF ITEMS 1. No motion. EXECUTIVE SESSION 1. Move that the council recess into Executive Session pursuant to the Kansas Open Meetings Act Exception to discuss matters regarding acquisition of real property. Present will be the Governing Body, City Attorney, City Administrator and Community Development Director. The meeting will reconvene in the Council Chambers at.