MERRIAM CITY COUNCIL MINUTES CITY HALL 6200 EBY STREET MARCH 26, 2012 7:00 P.M. I. CALL TO ORDER - PLEDGE OF ALLEGIANCE Mayor Ken Sissom called the meeting to order at 7:00 p.m. II. ROLL CALL Pam Bertoncin John Canterbury John Crabtree Al Frisby Chris Evans Hands Nancy Hupp Chad Rowe Gayle Stephens Staff Present Michelle Daise, City Attorney; Phil Lammers, City Administrator; Randy Carroll, Public Works Director; Tim Burnett, Police Chief; Bob Pape, Fire Chief; Hye Jin Lee City Engineer; Bryan Dyer, Community Development Director; and Juli Pinnick, City Clerk. III. 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 March12, 2012. 2. Consider approval of a contract with O Donnell and Sons in the amount of $593,826.45 for 2012 Residential streets Mill and Overlay Project. 3. Consider approval of the purchase of a 2012 Chevy Tahoe Fire Department replacement vehicle in the amount of $ 32,450. Councilmember Hands requested item 2. Be removed from the Consent Agenda. COUNCILMEMBER ROWE MOVED THAT THE COUNCIL APPROVE CONSENT ITEMS 1 AND 3. THE MOTION WAS UNANIMOUSLY APPROVED. Councilmember Hands asked for a clearer explanation of funding sources for item 2. 1
City Engineer Hye Jin Lee explained the funding sources for the project. COUNCILMEMBER HANDS MOVED THAT THE COUNCIL APPROVE A CONTRACT WITH O DONNELL AND SONS IN THE AMOUNT OF $593,826.45 FOR 2012 RESIDENTIAL STREETS MILL AND OVERLAY PROJECT AND AUTHORIZE THE MAYOR TO EXECUTE THE CONTRACT. THE MOTION WAS UNANIMOUSLY APPROVED. IV. 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. Stoney Bogan, 5732 Connell Dr., addressed the council regarding the Downtown Merriam Partnership (DMP). Mr. Bogan is the newly elected President of the DMP and wanted to come introduce himself to the council. V. MAYOR S REPORT 1. Discussion regarding compost education program. Mayor Sissom asked the council their opinions on a compost education program that the city would offer. Councilmember Frisby expressed a desire to hire Mr. Stan Slaughter to train volunteers from Johnson County on compost tactics. He feels that Mr. Slaughter can offer a certain professionalism that can t be offered for free. Councilmember Canterbury commented that hiring Mr. Slaughter seems like doubling efforts that are currently available throughout the county. Master gardeners, the university extension office and even local nurseries provide free compost training for residents. Mr. Canterbury further explained that his wife attended a workshop by the master gardeners of Johnson County and has successfully created a compost area at their home. Councilmember Bertoncin asked if there has been any interest expressed by residents for compost training. If there is no need or desire for this type of program it would not seem logical to pay someone to offer it. City Administrator Phil Lammers commented that he has contacted Julie Coon from Johnson County Environmental and she is willing to do some training for our residents. Mr. Lammers suggested that education in other areas of yard waste disposal and not just composting should be addressed. Mr. Lammers further commented that the city recently received information from Allied Waste indicating that they would be offering residential waste pickup currently they are focusing on commercial waste collection, but will be expanding their service. 2
Councilmember Stephens commented that she is not willing to pay for or charge residents for compost training. Councilmember Stephens has more concerns about burning and mulching of yard waste. In addition looking through the neighborhoods she sees many paper bags out to the curb; this means that residents understand the process and the collection program for yard waste as they are complying with the regulations. Mr. Lammers suggested that the city code as it relates to solid waste regulation is in need of some overhaul. A while back there were discussions on the matter of screening of waste containers, in addition the city code limits the number of waste haulers that are granted a license, however, the code does not provide for what types of services those haulers are required to offer, i.e. yard waste, residential service, commercial service, etc. It is of the opinion of the Mayor and City Administrator that there needs to be an Ad Hoc Committee to review the code and address current issues and bring recommendations to the city council for possible changes to the code. VI. PLANNING COMMISSION 1. Consider approval of a Revised Preliminary Development Plan for Superior Lexus South Located at Approximately West 67 th Street and I-35 in a PUD-G, Planned Unit Development- General, Zoning District. (Z-8-4/PD4-0312) Community Development Director Bryan Dyer provided the background for this item. In 2004, Merriam Pointe, LLC entered into an agreement with the City to develop the 30+ acre site into retail, restaurants and two automobile dealerships. The subject property was then rezoned to a Planned Unit Development General (PUD-G) District in October 2004. A preliminary development plan was also approved by the City of Merriam in October 2004. A final development plan for the construction of buildings on the southern two lots was approved by the Planning Commission in October 2005. Only one of those buildings, Shawnee Mission Hyundai, was constructed. After the construction of the Hyundai dealership, there was no additional construction activity. In the winter of 2010-2011, Merriam Investors LLC became the new owners of the northern portion of the Merriam Pointe project. In 2011, the City Council approved the construction of the Hendrick Toyota automobile dealership within the Merriam Pointe project. The Toyota dealership is currently under construction. Hendrick Automotive is now requesting approval of a revised preliminary development plan to construct an automobile dealership on Lot 16 with associated display parking on Lot 18. The proposed development includes a building with a 56,500 square foot footprint and outdoor parking similar to Superior Toyota. The applicant has requested that staff be given the ability to administratively approve the final development plan. The applicant has submitted all the information that would typically be included in a final development plan application. The Planning Commission held a public hearing on March 7, 2012. At that meeting, the Planning Commission, based on information supplied by the applicant, the criteria outlined in the City s zoning ordinance and Kansas law as outlined in the Planning Commission Staff 3
Report, and testimony presented at the Public Hearing, unanimously recommended approval, with conditions, of the proposed revised preliminary development plan. Councilmember Bertoncin asked the number of cars that would be displayed on the front display area. Scott Slaggie, Slaggie Architects, representing the owner, responded that approximately 90-100 new vehicles will be displayed in that area. COUNCILMEMBER HUPP MOVED THAT THE COUNCIL CONCUR WITH THE RECOMMENDATION OF THE PLANNING COMMISSION AND APPROVE, WITH CONDITIONS, THE HENDRICK LEXUS PRELIMINARY DEVELOPMENT PLAN AND AUTHORIZE THE MAYOR TO SIGN THE EFFECTUATING ORDINANCE. THE MOTION WAS UNANIMOUSLY APPROVED. 2. Consider approval of an Amendment of Existing Special Use Permit and New Construction - House of Hope KC Located at 7044 Antioch Road in an R-1, Single Family- Residential, Zoning District (SU-1-12). Community Development Director Bryan Dyer provided the background for this item. The Kansas City House of Hope is a group boarding home for minors which serves as a residential care facility for minors, ages 12 to 17. The residential care facility is open to girls and is considered to be a low level treatment facility by the State of Kansas. In addition, the facility conducts some outpatient counseling sessions (typically one hour) at the site. A condition was placed on the initial Special Use Permit approval limiting the number of outpatient counseling sessions to no more than fifteen (15) per week. In April 2011, the Planning Commission and City Council approved a revision to a Special Use Permit (SU-1-11) for an increase in the maximum number of girls from 16 to 24. To staff s knowledge, no complaints related to the Kansas City House of Hope have been filed with the Community Development Department since the approval of their Special Use Permit. The April 2011 approval of Special Use Permit (SU-1-11) was contingent on required facility improvements being made to the existing residence. The applicant was given a total of 12 months to complete the improvements. If the improvements were not made within that time period the Special Use Permit modification would be voided. After working with design professionals, the applicant determined that the required improvements would be cost prohibitive and has opted to go in a different direction. The applicant is now requesting the same modification of SU-1-11 to allow for an eight (8) girl increase in the maximum number of girls that can be housed at the House of Hope. As previously stated, the original Special Use Permit limits the maximum number to sixteen (16) and the applicant is requesting an increase to twenty-four (24). However, rather than make improvements to the existing residence, the applicant is proposing to plat the subject property creating two R-1 (single family residential) lots in the process. The applicant is proposing to build a residence on the proposed new lot in order to accommodate the requested increase in allowed girls. 4
The proposed site plan calls for a new 2000 sq. ft. residential structure to be built on the back portion of the proposed new lot. The proposed house will be craftsman in nature and the applicant has provided a sample materials list which is included in the plans. The proposed structure will meet all bulk regulations for single-family homes including overall square footage and required enclosed parking. The Planning Commission held a public hearing on March 7, 2012. At that meeting, the Planning Commission, based on information supplied by the applicant, the criteria outlined in the City s zoning ordinance as outlined in the Planning Commission Staff Report, and testimony presented at the Public Hearing, unanimously recommended approval, with conditions, of the proposed revised Special Use Permit. Mr. Dyer displayed photos and a site plan for the project. Councilmember Stephens expressed concern over the style of the home proposed to be built. The garage is proposed to be a basement garage rather than on the main level. Her concern is the marketability of the property if it is no longer used as group home. She further expressed her desire to have the house flipped so a main level garage can be accommodated. The builder, John Ho commented that the home is a craftsman style which blends in with the existing homes in the area. The drawing of the home is merely an example of the type of home that would be built. The slope of the lot also makes it better to have the basement garage. Councilmember Stephens expressed concern over the supervision of the girls and problems that have occurred at the home. Marilyn Thomas, Kansas City House of Hope Director, responded that there is adequate supervision as dictated by the state for a level 4 facility. There have been very few incidents at the home that required a call to the Merriam Police Department. Councilmember Rowe commented that he likes the craftsman style home, and that overall the home fits in the neighborhood. In addition, there have not been any complaints from the neighbors. Councilmember Hands raised a question about parking during open houses and events. Ms. Thomas responded that often events such as graduations are held off campus when the number of attendees will be high. COUNCILMEMBER HANDS MOVED THAT THE COUNCIL CONCUR WITH THE RECOMMENDATION OF THE PLANNING COMMISSION AND APPROVE, WITH CONDITIONS, THE MODIFICATION TO THE EXISTING HOUSE OF HOPE SPECIAL USE PERMIT FOR THE CONSTRUCTION OF A SINGLE-FAMILY DWELLING, INCREASING THE NUMBER OF ALLOWABLE CHILDREN FROM SIXTEEN (16) TO TWENTY-FOUR (24) AND GRANT A FIVE-YEAR EXTENSION AND AUTHORIZE THE MAYOR TO SIGN THE EFFECTUATING ORDINANCE. THE MOTION WAS APPROVED. COUNCILMEMBER STEPHENS VOTED NAY. 5
3. Consider approval of a Final Plat House of Hope KC Located at 7044 Antioch Road in an R-1, Single Family-Residential, Zoning District (P-1-12). Bryan Dyer commented that this item is related to the previous item. The applicant is requesting approval of a final plat for two lots. Currently, the property consists of a single tract of land with a residential structure located on the southern portion of the subject property. The property owner is platting in order to create a buildable lot on the northern portion of the subject property. The final plat includes perimeter utility easements, a sanitary sewer easement across Lot 2, a sidewalk easement along Antioch Road to cover the existing sidewalk, and an access easement to cover the shared portion of the proposed driveway. The applicant is proposing to utilize the sanitary sewer line along W 70 th Terrace. The applicant has provided staff with a signed statement from the impacted property owner indicating a preliminary agreement to grant a sanitary sewer easement across his property at 8703 W 70 th Terrace. This easement and all improvements must be accepted by Johnson County Wastewater prior to the issuance of a building permit. At their March 7, 2012 meeting, the Planning Commission unanimously approved the plat. COUNCILMEMBER HUPP MOVED THAT THE COUNCIL ACCEPT THE EASEMENTS DEDICATED BY P-1-12 HOUSE OF HOPE FINAL PLAT. THE MOTION WAS UNANIMOUSLY APPROVED. VII. COUNCIL ITEMS A. Community Development/Public Works 1. CIP Update. City Engineer Hye Jin Lee provided an update to the CIP report provided in the Agenda Packet. Residential Street Group III North and 54 th Ter. to 56 th Ter. drainage projects were bundled together and the bid opening will occur soon. Federal transportation surface improvement funding bill has been approved. This was funding that was anticipated for part of the Johnson Drive Bridge improvements. Shawnee Mission Parkway Median project may be eligible for CARS funding. Improving the median has been planned for a while, the application for CARS funding would not come in until 2014 and is approximately $85,000. The council may need to decide at the CIP Work Session if this project is what you want to use the CARS funding for as those funds could be used for other needed projects throughout the city. Antioch and 71 St Street will get signal improvements. This is a joint project with Overland Park. Notices to adjacent property owners will be mailed soon. 6
VIII. STAFF ITEMS 1. 2011 Police Department Annual Report. Police Chief Tim Burnett presented the 2011 Police Department Annual Report. IX. NEW BUSINESS City Administrator Phil Lammers commented that he was recently contacted by the marketing director for Shawnee Mission Medical Center. This year they will celebrate 50 years in Merriam. They asked if the city was interested in placing banners commemorating their 50 years in the banner sign holders along 75 th Street and east outer road. Shawnee Mission Medical Center will pay for the banners and pay city staff to install. Mr. Lammers asked if there were any objections from the council. No objections were voiced by the council. Mayor Sissom asked the council if they had any objections to the mayor, along with the other Johnson County mayors signing a letter in opposition of the legislation disallowing cities the authority to prohibit individuals with conceal and carry permits from brining concealed weapons into public buildings. The council voiced no objections to the mayor signing the letter. X. EXECUTIVE SESSION XI. ADJOURNMENT THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE COUNCIL, COUNCILMEMBER CRABTREE MOVED TO ADJOURN AT 8:45 P.M. COUNCILMEMBER HANDS SECONDED AND THE MOTION WAS UNANIMOUSLY APPROVED. APPROVED: April 23, 2012. Respectfully submitted, Juliana Pinnick City Clerk 7