Nov 15, 2010 - Governing Body extend Special Use Permit SUP-07-07-05, for Holliday ... taxes for 10 years and the Compan
City Council Meeting AGENDA Monday, November 22, 2010 7:30 PM
PLEDGE OF ALLEGIANCE MOMENT OF SILENCE CONSENT AGENDA 1. APPROVE MINUTES FROM THE CITY COUNCIL MEETING OF NOVEMBER 8, 2010. 2. REVIEW MINUTES FROM THE PLANNING COMMISSION MEETING OF NOVEMBER 1, 2010. 3. REVIEW MINUTES FROM THE PARKS AND RECREATION BOARD MEETING OF AUGUST 5, 2010. 4. CONSIDER INTERLOCAL AGREEMENT WITH JOHNSON COUNTY FOR THE 50TH TERRACE AND NIEMAN ROAD STORM DRAINAGE IMPROVEMENTS P.N. 3348. At the September 13, 2010, City Council meeting, the Governing Body approved a construction contract with Miles Excavating for the 50th Terrace and Nieman Road Storm Drainage Improvements. The total project cost is estimated at $847,000, based on a 75% reimbursement from the County the City's portion of the project is estimated at $236,000 and is funded through the Stormwater Utility Fund. A memo from staff is included for review. PAGES 1 - 10 5. CONSIDER EXTENSION OF SUP-07-07-05 A SPECIAL USE PERMIT PREVIOUSLY ISSUED TO HOLLIDAY SAND AND GRAVEL, TO ALLOW SAND EXTRACTION, IN THE AG (AGRICULTURAL) ZONING DISTRICT, LOCATED IN THE 4700 BLOCK OF FRISBIE ROAD. At their November 15, 2010 meeting, the Planning Commission recommended 9-0 that the Governing Body extend Special Use Permit SUP-07-07-05, for Holliday Sand and Gravel, to allow sand extraction, in the 4700 Block of Frisbie Road. A copy of the staff report is included for review. PAGES 11-16 6. CONSIDER EXTENSION OF SUP-8-04-11 A SPECIAL USE PERMIT PREVIOUSLY ISSUED TO HOLLIDAY SAND AND GRAVEL TO ALLOW SAND EXTRACTION, IN THE AG (AGRICULTURAL) ZONING DISTRICT, LOCATED AT 21900 WEST 43RD STREET.
At their November 15, 2010 meeting, the Planning Commission recommended 9-0 that the Governing Body extend Special Use Permit SUP-8-04-11, for Holliday Sand and Gravel, to allow sand extraction, at 21900 West 43rd Street. A copy of the staff report is included for review. PAGES 17 - 22 7. CONSIDER EXTENSION OF SUP-09-07-11 A SPECIAL USE PERMIT PREVIOUSLY ISSUED TO HOLLIDAY SAND AND GRAVEL, TO ALLOW SAND EXTRACTION IN THE AG (AGRICULTURAL) ZONING DISTRICT, LOCATED IN THE 5500-5900 BLOCKS OF FRISBIE ROAD. At their November 15, 2010 meeting, the Planning Commission recommended 9-0 that the Governing Body extend Special Use Permit SUP-09-07-11, for Holliday Sand and Gravel, to allow sand extraction, in the 5500-5900 blocks of Frisbie Road. A copy of the staff report is included for review. PAGES 23 - 28 8. CONSIDER EXTENSION OF SUP-12-93-11 A SPECIAL USE PERMIT PREVIOUSLY ISSUED TO KATHY LAMAS, TO ALLOW THE OPERATION OF A ONE-CHAIR BEAUTY SALON IN HER HOME IN THE R-1 (SINGLE FAMILY RESIDENTIAL) ZONING DISTRICT, LOCATED AT 12120 WEST 51ST STREET. At their November 15, 2010 meeting, the Planning Commission recommended 9-0 that the Governing Body extend Special Use Permit SUP-12-93-11, to allow the operation of a one-chair beauty salon in her home, at 12120 West 51st Street A copy of the staff report is included for review. PAGES 29-32 9. CONSIDER EXTENSION OF SUP-13-87-11 A SPECIAL USE PERMIT PREVIOUSLY ISSUED TO BILL PENNY ENTERPRISES FOR A 198-FOOT COMMUNICATIONS TOWER IN THE PI (PLANNED INDUSTRIAL) ZONING DISTRICT, LOCATED AT 23307 W. 82ND STREET. At their November 15, 2010 meeting, the Planning Commission recommended 9-0 that the Governing Body extend Special Use Permit SUP-13-87-11, for a 198-foot communications tower, at 23307 W. 82nd Street. A copy of the staff report is included for review. PAGES 33-36 10. CONSIDER ACCEPTANCE OF DEDICATION OF LAND FOR PUBLIC PURPOSES CONTAINED IN FP-08-10-11 FINAL PLAT OF HILLS OF FOREST CREEK, THIRD PLAT, FOR 2 LOTS, LOCATED IN THE 6100 BLOCK OF WOODSTOCK STREET. At their November 15, 2010 meeting, the Planning Commission recommended 9-0, that the Governing Body accept the dedications of land, or an interest therein, for public purposes contained in FP-08-10-11, the final plat of Hills of Forest Creek, Third Plat, located in the 6100 block of Woodstock Street. A copy of the staff report is included. PAGES 37-44 11. CONSIDER S-305-10-11, A SIGN VARIANCE FOR COLOR FOR SPSI AT 8302 HEDGE LANE TERRACE, SUITE H. Approve S-305-10-11, a sign variance for color for SPSI at 8302 Hedge Lane Terrace, Suite H. A staff memo and supporting documents are included. PAGES 45-52 12. CONSIDER S-306-10-11, A SIGN VARIANCE FOR COLOR FOR THE BIG BISCUIT AT 12276 SHAWNEE MISSION PARKWAY. Approve S-306-10-11, a sign variance for color for The Big Biscuit at 12276 W. Shawnee Mission Parkway. A staff memo and supporting documents are included. PAGES 53-60
MAYOR'S ITEMS 13. THE MAYOR MAY PRESENT ITEMS FOR CONSIDERATION. PUBLIC ITEMS 14. CONDUCT A PUBLIC HEARING AND CONSIDER AN ORDINANCE AUTHORIZING THE CITY TO ISSUE FEDERALLY TAXABLE PRIVATE ACTIVITY REVENUE BONDS, SERIES 2010, FOR WESTGLEN EYECARE PROJECT, IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $2,000,000. DISCUSSION: The ordinance authorizes the City to issue Federally Taxable Private Activity Revenue Bonds for the WestGlen EyeCare Project in the principal amount not to exceed $2,000,000. Property acquired with proceeds of the bonds will be exempted from ad valorem taxes for 10 years and the Company will enter into an agreement providing for a payment equal to 35% of the taxes. Notice of Public Hearing has been given by certified mail to the Board of County Commissioners of Johnson County, Kansas, and to the Shawnee Mission School District. The Ordinance approves the form of the documents, including a Payment in Lieu of Tax Agreement. An economic analysis of the cost and benefit of the exemption and a memo from staff are included in the agenda packet. PAGES 61-192 ACTION: a. Conduct a public hearing on the granting of the tax exemption; b. Conclude public hearing; c. Consider passage of the Ordinance authorizing the issuance of the bonds and authorizing and approving execution of other documents and the taking of other actions in connection with the issuance. If approved, an ordinance number will be assigned. COMMENTS: ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ITEMS FROM THE PLANNING COMMISSION MEETING OF NOVEMBER 01, 2010 15. CONSIDER Z-01-10-11, A REQUEST TO REZONE FROM AG (AGRICULTURAL) TO RS (RESIDENTIAL SUBURBAN) FOR LACOMBE PROPERTY, FOR A SINGLE FAMILY HOME, LOCATED AT 26180 W. 77TH STREET . DISCUSSION: The Planning Commission recommended 11-0 that the Governing Body approve Z-01-10-11, to rezone from the AG zoning district to the RS zoning district, for the LaCombe property, for a single family home at 26180 W. 77th Street. A copy of the staff report and the draft ordinance are included for review. PAGES 193-200 ACTION: Pass an Ordinance providing for the changing and rezoning of 26180 W. 77th Street from AG Zoning District to RS Zoning District. If approved, an ordinance number will be assigned.
COMMENTS: ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ 16. CONSIDER Z-02-10-11, A REQUEST TO REZONE FROM TSQ (TOWNSQUARE) TO R-1 (SINGLE FAMILY RESIDENTIAL) FOR MCCALLOP PROPERTY, FOR A SINGLE FAMILY HOME, LOCATED AT 11211 W. 57TH TERRACE. DISCUSSION: The Planning Commission recommended 11-0 that the Governing Body approve Z-02-10-11, to rezone from TSQ zoning district to the R-1 zoning district for the McCallop property, for a single family home at 11211 W. 57th Terrace. A copy of the staff report and the draft ordinance are included for review. PAGES 201-208 ACTION: Pass an Ordinance providing for the changing and rezoning of 11211 W. 57th Street from TSQ Zoning District to R-1 Zoning District. If approved, an Ordinance Number will be assigned. COMMENTS: ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ 17. CONSIDER APPROVAL OF SUP-11-10-11 A SPECIAL USE PERMIT FOR LITTLE BEARS CHRISTIAN MONTESSORI, FOR A CHILD CARE FACILITY WITH UP TO 35 CHILDREN, IN THE CH (COMMERCIAL HIGHWAY) ZONING DISTRICT, LOCATED AT 22736 MIDLAND DRIVE. The Planning Commission recommended 11-0 that the Governing Body approve Special Use permit, SUP-11-10-11, for Little Bears Christian Montessori, to allow a child care facility with up to 35 children in the CH (Commercial Highway) zoning district, located at 22736 Midland Drive. A copy of the staff report is included for review. PAGES 209-218 COMMENTS: ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ 18. CONSIDER APPROVAL OF SUP-10-10-10 SPECIAL USE PERMIT FOR GRACEKIDZ ACADEMY, GRACEPOINT CHURCH, FOR A PRESCHOOL WITH UP TO TWENTY-ONE CHILDREN IN THE PI (PLANNED INDUSTRIAL) ZONING DISTRICT, LOCATED AT 5425 MARTINDALE. The Planning Commission recommended 11-0 that the Governing Body approve Special Use Permit SUP-10-10-10, for GRACEKIDZ ACADEMY, Gracepoint Church, for a preschool with up to twenty-one children in the PI (Planned Industrial) zoning district, located at 5425 Martindale. A copy of the staff report is included for review. PAGES 219-226 COMMENTS: ____________________________________________________________
____________________________________________________________ ____________________________________________________________ 19. CONSIDER ORDINANCE APPROVING PROPOSED AMENDMENTS TO THE 2010 COMPREHENSIVE PLAN. DISCUSSION: The Planning Commission recommended 11-0 that the Governing Body approve the proposed amendments to the 2010 Comprehensive Plan. A memo from staff and a copy of the ordinance are included for review. PAGES 227- 264 ACTION: Pass an ordinance approving amendments to the Comprehensive Plan. If approved, an Ordinance Number will be assigned. COMMENTS: ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ BUSINESS FROM THE FLOOR a) _________________________________________________________________ _________________________________________________________________ b) _________________________________________________________________ _________________________________________________________________ STAFF ITEMS 20. CONSIDER RELOCATION AND ENCROACHMENT AGREEMENTS WITH SOUTHERN STAR CENTRAL GAS PIPELINE, INC. DISCUSSION: The Roberts Street and Johnson Drive intersection project requires the relocation of a gas line owned by Southern Star Central Gas Pipeline, Inc.. The line is located within a private easement and as such the City is responsible for relocation costs. A Relocation and Reimbursement Agreement, Encroachment Agreement, and Partial Assignment are included. A memo from staff and the agreements are included. PAGES 265-286 ACTION: a) Authorize the Mayor to sign the Relocation and Reimbursement Agreement; b) Authorize the Mayor to sign the Encroachment Agreement. c) Authorize the Mayor to sign a Partial Assignment. COMMENTS: ____________________________________________________________
____________________________________________________________ ____________________________________________________________ 21. APPROVE AGREEMENT FOR PHASE II SERVICES WITH THE FAGAN COMPANY FOR FINAL DESIGN AND INSTALLATION OF HVAC SYSTEM UPGRADES AT CIVIC CENTRE, TOWN HALL, AND PARKS MAINTENANCE SHOP. DISCUSSION: On September 27, 2010 the Governing Body awarded Phase I Services, preliminary design and preparation of guaranteed maximum price, to The Fagan Company. Phase 1 Services have been completed. Guaranteed maximum price for the recommended improvements is $319,542. A memo from staff and a copy of the agreement are included for review. PAGES 287- 372 ACTION: Approve and Authorize the Mayor to sign the agreement with the Fagan Company for a maximum price of $319,542, subject to revisions. COMMENTS: ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ 22. CONSIDER RENEWAL OF INSURANCE POLICY WITH TRAVELERS, INC. DISCUSSION: The Governing Body at their December 14, 2009, meeting awarded the current property and casualty insurance coverage to Travelers Insurance. Since full proposals were requested last year, Travelers was the only company contacted for 2011 coverage. Travelers proposal for 2011 is $196,440, which is below the 2011 Budgeted amount of $209,000 for property and casualty insurance coverage. A memo from staff and a recap of proposals are included. PAGES 373-376 ACTION: Award the 2011 property and casualty insurance to Travelers Insurance in the amount of $196,440. COMMENTS: ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ 23. CONSIDER RESOLUTION DESIGNATING AN OFFICIAL CITY NEWSPAPER. DISCUSSION: Charter Ordinance 41 was approved by the Governing Body on August 9, 2010 and became effective October 25, 2010. The Governing Body must now adopt a resolution designating official City newspapers. A memo from staff and draft resolution are included. PAGES 377-380 ACTION: Adopt a resolution designating official City newspapers. If approved, a Resolution Number will be assigned.
COMMENTS: ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ MISCELLANEOUS ITEMS 24. RATIFY SEMI-MONTHLY CLAIMS FOR NOVEMBER 22, 2010, IN THE AMOUNT OF $1,936,743.42. COMMENTS: ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ 25. MISCELLANEOUS COUNCIL ITEMS. a) _________________________________________________________________ _________________________________________________________________ b) _________________________________________________________________ _________________________________________________________________ ADJOURNMENT
