March 10, 2014 City Council Agenda Packet

80 Pages·2014·12.17 MB·English

MERRIAM CITY COUNCIL AGENDA
CITY HALL
nd
9001 W. 62 Street
March 10, 2014
7:00 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 913-322-5500 no later than 24 hours prior to the beginning of the meeting.

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.

A. Council items:

1. Approval of the minutes of the City Council Meeting held February 24,
2014.

2. Approval of the minutes of the Special City Council meeting held March
4, 2014.

3. Consider approval of playground surfacing and equipment installation for
Brown Park.

V. MAYOR’S REPORT

VI. PLANNING COMMISSION

1
1. Consider approval of the Preliminary Development Plan for
Merriam Village- Hobby Lobby, located at 6001 IKEA Way. (Z-7-
04/PD6-1213). (tabled from 2/24/2013 meeting).

2. Consider approval of the final plat for Merriam Village 5th Plat-
Hobby Lobby generally located at the southeast corner of IKEA
Way and Johnson Dr. (tabled from 2/24/2013 meeting).

3. Consider approval of the Third Amendment to the Merriam Village
Redevelopment Agreement with Coventry II DDR Merriam Village,
LLC. (tabled from 2/24/2013 meeting)

VII. COUNCIL ITEMS

A. Finance and Administration

1. Consider approval of a resolution setting a public hearing date for the
TIF Redevelopment Project Plan (amended) for Merriam Village per
K.S.A. 12-1772 et seq.

2. Monthly Finance Report.

3. Review of proposed updates to Council Goals and Objectives.

4. Discussion regarding changes to Council Policies 114 (City Sales Tax
and ¼ Cent Sales Tax) and 116 (Capital Improvement Funding).

IX. STAFF ITEMS

1. Visitors Bureau Annual Report

X. NEW BUSINESS

XI. EXECUTIVE SESSION

XII. ADJOURNMENT

Respectfully submitted,
Juliana Pinnick
Juliana Pinnick
City Clerk

2
City Council Minutes February 24, 2014

MERRIAM CITY COUNCIL MINUTES
CITY HALL
ND
9001 WEST 62 STREET
February 24, 2014
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
Todd Boyer
Al Frisby
Chris Evans Hands
Nancy Hupp
Chad Rowe
Jim Wymer
John Canterbury was absent

Staff present: Phil Lammers, City Administrator; Chris Engel, Assistant City
Administrator; Cindy Ehart, Finance Director; Bryan Dyer, Community Development
Director; Bob Pape, Fire Chief; Tim Burnett, Police Chief; Mike Daniels, Police Captain;
Randy Carroll, Public Works Director; Anna Slocum, Parks and Recreation Director 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.

Michelle Moore, 9703 W. 51st Place, addressed the council regarding the
Shawnee Creek Project. Ms. Moore expressed concern over the installation of
her new fence. Ms. Moore commented that regarding her fence, her neighbor
was never informed by the city that the gate would be installed between the two
properties. Ms. Moore also expressed concern over the look of the project and
the large gray boulders that she and her neighbors now have as a view from their
property.

Mayor Sissom asked Ms. Moore if she had contacted city staff regarding her
concerns. She indicated she had not. Mayor Sissom suggested she come back
in two weeks to allow staff to gather some answers to her questions.

1
City Council Minutes February 24, 2014

Linda Chavez, 9707 W. 51st Place, addressed the council regarding the fence
gate in between her property and Ms. Moore’s. Ms. Chavez indicated that she
has spoken with city staff regarding the fence and gate. Ms. Chavez was also
informed by city staff that she could not plant anything beyond the fence. It was
only recently that Ms. Chavez was informed about the plantings. Ms. Chavez
displayed photos depicting before and after photos of the rear of her property.
The previous view shows trees and foliage and you could barely see the
duplexes behind her property. The current view has no trees, a view of large gray
boulders, and duplex units. Ms. Chavez indicated concerns about the grade of
the land behind the duplexes.

Katrina Robertson, 8707 W. 66th Terrace, addressed the council regarding her
recent interaction with the Merriam Police Department after she was a victim of a
crime. Ms. Robertson indicated that she feels as though she was treated
disrespectfully. Her vehicle was towed away by the City of Merriam after she
indicated she wanted to come by and inventory its contents. Her interaction with
the police department was hostile and discourteous. Ms. Robertson feels the
police department is in dire need of diversity and victim advocacy training. Ms.
Robertson lastly commented that while the officer failed to extend the common
courtesy to call and ask her what she would like the police department to do with
her vehicle when the insurance adjuster failed to show up, he did the presence of
mind to twice ask her for a DNA sample.

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. Approval of the minutes of the City Council Meeting held February 10,
2014.

COUNCILMEMBER FRISBY MOVED THAT THE COUNCIL APPROVE
CONSENT AGENDA ITEM 1. THE MOTION WAS APPROVED.
COUNCILMEMBERS BERTONCIN AND HANDS ABSTAINED.

V. MAYOR’S REPORT

1. Community Center Update.

Parks and Recreation Director Anna Slocum proved a Community Center
Update.

2
City Council Minutes February 24, 2014

2. Confirm the appointment of the Merriam Chief of Police.

Mayor Ken Sissom stated that with the announcement that Chief Tim
Burnett will be retiring in June 2013, a replacement is needed. The Mayor
and staff have had several discussions regarding Chief Burnett’s
replacement. There was a very qualified candidate for the position
currently on staff with the Merriam Police Department.

Captain Mike Daniels has been employed with the Merriam Police
Department for 26 years and has the training, education, and experience
to fill the position; therefore he is recommended to fill the position of
Merriam Chief of Police upon retirement of Chief Tim Burnett.

COUNCILMEMBER BOYER MOVED THAT THE COUNCIL CONFIRM
THE APPOINTMENT OF MIKE DANIELS AS MERRIAM POLICE CHIEF.
THE MOTION WAS UNANIMOUSLY APPROVED.

VI. PLANNING COMMISSION

PUBLIC HEARING- Public Hearing to consider adoption of the amended Merriam
Village Redevelopment Project Plan.

Community Development Director Bryan Dyer provided the background for this
item.

In 2005, the City of Merriam adopted the Merriam Village Redevelopment Project
Plan in accordance with Kansas Statutes Annotated (K.S.A.) 12-1772. That plan
outlined a number of items including disbursement of Tax Increment Financing
(TIF) funds to the developer, Developer Diversified Realty (DDR), for eligible
expenses and the proposed land uses.

The Redevelopment Plan showed a number of buildings ranging in size from
5,000 to 100,000 square feet with uses including commercial, retail, and
residential. Following the approval of the Merriam Village development plan a
portion of the inline retail building was completed at the end of 2008. The
buildings were never occupied by a permanent tenant and have since been
demolished. Within the past two years, two more buildings were constructed
along Johnson Drive. These two buildings are occupied by QuikTrip and Jack-in-
the-Box.

In April of 2012, the city amended its I-35 Redevelopment District Plan by revising
the descriptions and boundaries of Project Areas J and K and consolidating Areas
K and L into one area, Project Area K. In December of 2012, a new
Redevelopment Project Plan was created for Area J, the development plan for
IKEA was approved and construction of the building is under way. At the same
3
City Council Minutes February 24, 2014

time, the existing Redevelopment Project Plan for Area K was amended by
removing reference to Area L.

The property owner, DDR, is now requesting another amendment to the
Redevelopment Project Plan for Area K. The proposed amendment increases the
square footage size of the proposed buildings and revises the project area
feasibility study. Increasing the square footage amounts allows greater flexibility
for the redevelopment the property. The amendment does not change the
proposed uses contained in the Redevelopment Project Plan.

Mayor Sissom opened the Public Hearing at 7:43 p.m.

There were no public comments. Mayor Sissom closed the Public Hearing at 7:44
p.m.

1. Consider approval of an ordinance adopting the Amended Merriam Village
Project Plan.

COUNCILMEMBER ROWE MOVED THAT THE COUNCIL WAIVE THE
CUSTOMARY FIRST READING OF AN ORDINANCE ADOPTING AN
AMENDMENT TO THE MERRIAM VILLAGE REDEVELOPMENT
PROJECT PLAN. THE MOTION WAS UNANIMOUSLY APPROVED.

COUNCILMEMBER ROWE MOVED THAT THE COUNCIL APPROVE AN
ORDINANCE ADOPTING AN AMENDMENT TO THE MERRIAM
VILLAGE REDEVELOPMENT PROJECT PLAN. THE MOTION FAILED.
COUNCILMEMBERS ROWE AND HANDS VOTED AYE.

City Attorney Michelle Daise asked for a ten minute recess.

COUNCILMEMBER HUPP MOVED THAT THE COUNCIL TAKE A TEN
MINUTE RECESS; THE MEETING WILL RECONVENE AT 7:55 P.M.
THE MOTION WAS UNANIMOUSLY APPROVED.

The meeting reconvened at 7:55 p.m.

Chase Simmons, Legal representative for the applicant for items 2-4
requested a two-week continuance on agenda items 2, 3 and 4.

COUNCILMEMBER HANDS MOVED THAT THE COUNCIL TABLE
PLANNING COMMISSION AGENDA ITEMS 2, 3 AND 4 UNTIL MARCH
10, 2014. THE MOTION WAS UNANIMOUSLY APPROVED.

2. Consider approval of the Preliminary Development Plan for Merriam
Village- Hobby Lobby, located at 6001 IKEA Way. (Z-7-04/PD6-1213)

4
City Council Minutes February 24, 2014

3. Consider approval of the final plat for Merriam Village 5th Plat-Hobby Lobby
generally located at the southeast corner of IKEA Way and Johnson Dr.

4. Consider approval of the Third Amendment to the Merriam Village
Redevelopment Agreement with Coventry II DDR Merriam Village, LLC.

5. Consider approval of an ordinance amending the zoning regulations
regarding day cares.

Community Development Director Bryan Dyer provided the background for
this item.

At the City Council’s November 25, 2013 meeting, the Council received
comments from a family wishing to operate a day care in a duplex. City
Zoning Regulations only permit home day cares in single-family homes. At
their December 9, 2013 meeting, after receiving information from staff, the
Council directed the Planning Commission to review the City’s day care
regulations.

At their January 2, 2014 meeting, the Planning Commission discussed a
number of items regarding this issue. Commissioners expressed concerns
with permitting a day care in a duplex (two-family, attached unit). Those
concerns included safety, nuisances, and providing a safe outdoor play area
for children. The Planning Commission then directed staff to gather more
information regarding State of Kansas requirements for outdoor play areas
for the February 5, 2014 meeting.

Staff reviewed the State of Kansas and City of Merriam day care
regulations. Kansas regulations require that any day care facility licensed
after March 1, 2012 provide a designated area for outdoor play. City
regulations require that a day care providing outdoor recreation areas
enclose those areas with a fence or similar method of screening.

Staff identified two issues regarding the City’s day care regulations. The
first issue is the fencing of the outdoor play area. Staff recommends that
City Zoning Regulations be amended to clearly state that outdoor recreation
areas must be fenced and located entirely on the same portion of property
that houses the day care operation.

The second issue is permitting a Day Care Home (six (6) or few children) to
be operated from a duplex (two-dwelling unit attached structure). All of the
area jurisdictions contacted by staff permit a Day Care Home to operate
from a duplex.

5
City Council Minutes February 24, 2014

To address the nuisance concerns, the Planning Commission requested
that property owners surrounding the Day Care Home receive notice of the
proposed day care. The proposed ordinance contains language in Section
3-602(A) clarifying the requirement that the applicant notify all property
owners with 200 feet of their day care application. This is similar to the
existing notification language for a Home Office.

COUNCILMEMBER BERTONCIN MOVED THAT THE COUNCIL
CONCUR WITH THE RECOMMENDATION OF THE PLANNING
COMMISSION AND APPROVE REVISIONS TO THE CITY’S ZONING
CODE REGARDING DAY CARE FACILITIES AND AUTHORIZE THE
MAYOR TO SIGN THE EFFECTUATING ORDINANCE. THE MOTION
WAS UNANIMOUSLY APPROVED.

6. Consider approval of an ordinance adopting the Shawnee Mission Parkway
Corridor Plan, an amendment to the City of Merriam Comprehensive Plan.

Community Development Director Bryan Dyer provided the background for
this item.

The final step in the completion of the corridor plan is for the City Council to
consider amending the corridor plan into the City’s Comprehensive Plan.
Amending the corridor plan into the City’s Comprehensive Plan will allow
the Planning Commission and City Council to use the Shawnee Mission
Corridor Plan in the evaluation of re-zoning and preliminary development
plan proposals for property within the corridor plan area.

The final draft is the culmination of two grants from the Mid-America
Regional Council (MARC). Additional funding for the project was provided
by the City of Merriam and Johnson County Transit. Confluence was the
primary project consultant. Additional assistance was provided by Ehlers,
Olsson and Associates, and Shockey Consulting Services.

On November 25, 2013, the City Council held a joint City Council/Planning
Commission study session to provide Planning Commissioners and
Council Members an opportunity to review the corridor plan and make
suggestions prior to the final draft. A couple of suggested revisions came
out of the study session and the final draft includes those revisions.
Overall, both the Planning Commission and City Council expressed
overwhelming support for the corridor plan at the conclusion of the
meeting.

COUNCILMEMBER BERTONCIN MOVED THAT THE COUNCIL
CONCUR WITH THE RECOMMENDATION OF THE PLANNING
COMMISSION AND APPROVE AN ORDINANCE ADOPTING THE
SHAWNEE MISSION PARKWAY CORRIDOR PLAN, AND AMENDMENT
6
City Council Minutes February 24, 2014

TO THE CITY OF MERRIAM COMPREHENSIVE PLAN. THE MOTION
WAS APPROVED. COUNCILMEMBER WYMER VOTED NAY.

VII. COUNCIL ITEMS

A. Community Development/Public Works/CIP

1. Consider approval of a software license and professional services
agreement with Lucity, Inc.

Assistant City Administrator Chris Engel provided the background for this
item.

In early 2013 staff began a request for proposal process to identify a
software vendor that could consolidate and manage the various system
the City utilizes to manage its infrastructure data.

Lucity Inc. of Overland Park was selected as the preferred vendor. Lucity
software is currently used by neighboring communities such as Johnson
County, Unified Government, cities of Lawrence, Lenexa, Leawood, and
Overland Park.

COUNCILMEMBER HANDS MOVED THAT THE COUNCIL APPROVE
A PROFESSIONAL SERVICES AGREEMENT AND SOFTWARE
LICENSE WITH LUCITY, INC. THE MOTION WAS UNANIMOUSLY
APPROVED.

2. Consider approval of an agreement with AT&T for installation of conduit
on the Johnson Drive Bridge.

City Engineer Hye Jin Lee provided the background for this item.

During the utility coordination meeting for the Johnson Drive Bridge
Rehabilitation Project, AT&T informed the city that they were unable to
reroute their conduit. They requested the conduit be reattached to the
bridge. AT&T agreed to pay for all costs associated with the conduit on the
bridge. This agreement outlines the manner in which AT&T will reimburse
the city for costs of materials, installation and any incidentals associated
with the conduit installation. AT&T has already executed the agreement
and has completed some ground work which includes installation of some
new manholes in alignment of the new bridge to reinstall conduit and pull
wires.

COUNCILMEMBER HUPP MOVED THAT THE COUNCIL APPROVE AN
AGREEMENT WITH AT&T FOR INSTALLATION OF CONDUIT ON THE
7
City Council Minutes February 24, 2014

JOHNSON DRIVE BRIDGE. THE MOTION WAS UNANIMOUSLY
APPROVED.

3. Consider approval of additional funding for the Turkey Creek Basin
Feasibility Study.

City Engineer Hye Jin Lee provided the background for this item.

On May 20, 2002, the City of Merriam entered into an agreement with
United States Army Corps of Engineers (USACE) to share in the funding
of a Feasibility Study for the Turkey Creek Basin. The purpose of the
Feasibility Study is to identify flood control measures along Turkey Creek
from Shawnee Mission Parkway into Wyandotte County. The original
agreement for the study was $2,463,600 with cost sharing between
USACE and the City of Merriam. In June 2011, Council authorized an
amendment for additional $404,000 in funding to finalize the report.
Merriam’s share was $38,000 with Johnson County’s Stormwater
Management Program (SMP) fund and Merriam Drainage District
participation.

January 2013, the report was submitted to various Federal agencies for
review/comments. In spring 2013, National Oceanic Atmospheric
Administration (NOAA) released a new rainfall intensity study (also
known as Atlas 14). In October of 2013, an additional $40,000 (Merriam
share of $5,000) was necessary to address the comments from the
various Federal Agencies. This comment includes additional hydrology
analysis in response to Atlas 14.

The letter from USACE is requesting additional $90,000 to incorporate
the finding of this additional hydrology study into the Feasibility Study (i.e.
additional engineering documents, cost estimates and real estate
estimates etc.) This document will be an addendum to the Feasibility
Study report released in January 2013. The revised total cost of
Feasibility Study is $3,033,600.

Staff contacted Johnson County SMP to seek their support for this
additional study/cost. The County has verbally expressed support for this
continuing effort to finalize the study. With the County’s pledge of
support, the City of Merriam share of this cost is $11,250.

In the 2014-2018 CIP Program, CIP funds obligated for preliminary
engineering was not expended due to above changes. The Council
action is necessary due to change in scope that is different from the
approved CIP program expenditure.

8