Jul 11, 2011 - On June 20, 2011, the Planning Commission recommended 9-0 that the Governing Body extend. Special Use Per
City Council AGENDA Monday, July 11, 2011 7:30 PM
PLEDGE OF ALLEGIANCE MOMENT OF SILENCE CONSENT AGENDA 1. REVIEW MINUTES FROM THE PUBLIC WORKS AND SAFETY COMMITTEE MEETING OF JUNE 21, 2011. 2. REVIEW MINUTES FROM THE PLANNING COMMISSION MEETING OF JUNE 20, 2011. 3. CONSIDER EXTENSION OF SUP-06-06-06, SPECIAL USE PERMIT PREVIOUSLY ISSUED TO TMOBILE AD5DO133, TO ALLOW A 120-FOOT MONOPOLE COMMUNICATIONS TOWER, IN THE AG (AGRICULTURAL) ZONING DISTRICT, LOCATED AT 6555 LACKMAN ROAD. On June 20, 2011, the Planning Commission recommended 9-0 that the Governing Body extend Special Use Permit SUP-06-06-06 to T-Mobile AD5DO133, to allow a 120-foot monopole communications tower, in the AG (Agricultural) zoning district, located at 6555 Lackman Road. A copy of the staff report is included for review. PAGES 1 - 6 4. CONSIDER EXTENSION OF SUP-10-92-11, SPECIAL USE PERMIT PREVIOUSLY ISSUED TO MILL CREEK WASTEWATER, FOR A WASTEWATER TREATMENT PLANT IN THE PI (PLANNED INDUSTRIAL) ZONING DISTRICT, LOCATED AT 20001 WEST 47TH STREET. On June 20, 2011, the Planning Commission recommended 9-0 that the Governing Body extend Special Use Permit SUP-10-92-11, to MILL CREEK WASTEWATER, for a wastewater treatment plant in the PI (Planned Industrial) zoning district, located at 20001 West 47th Street. A copy of the staff report is included for review. PAGES 7 - 12 5. CONSIDER EXTENSION OF SUP-05-06-06, SPECIAL USE PERMIT PREVIOUSLY ISSUED TO STACIE SCHEMMEL, FOR CHILDCARE WITH UP TO 10 CHILDREN, IN THE R-1 (SINGLE FAMILY RESIDENTIAL) ZONING DISTRICT, LOCATED AT 23600 W. 59TH STREET. On June 20, 2011, the Planning Commission recommended 9-0 that the Governing Body extend Special Use Permit SUP-05-06-06, to Stacie Schemmel, for childcare with up to 10 children, in the R-1 (Single Family Residential) zoning district, located at 23600 W. 59th Street. A copy of the
staff report is included for review. PAGES 13 - 18 MAYOR'S ITEMS 6. THE MAYOR MAY PRESENT ITEMS FOR CONSIDERATION. PUBLIC ITEMS 7. CONSIDER ADOPTION OF A RESOLUTION AND APPROVAL OF AN ORDINANCE ACCEPTING THE LOWEST BID AND AUTHORIZING THE SALE AND DELIVERY OF INTERNAL IMPROVEMENT BONDS, SERIES 2011A. DISCUSSION: On June 13, 2011, the Governing Body adopted a resolution setting the time and place to collect bids for the sale of General Obligation Internal Improvement Bonds and providing notice thereof for July 11, 2011. A representative from Springsted, Inc, the City's financial advisors, will discuss the results of the bidding. A memo, resolutions and ordinance are included for review. PAGES 19 - 64 ACTION: a) Adopt a resolution accepting best bid for Internal Improvement Bonds, Series 2011A. b) Pass an ordinance authorizing the issuance and delivery of Internal Improvement Bonds, Series 2011A. c) Adopt a resolution prescribing the form and details for Internal Improvement Bonds, Series 2011A. COMMENTS: ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ 8. CONSIDER A RESOLUTION PROVIDING FOR NOTICE OF A PUBLIC HEARING CONCERNING ADVISABILITY OF THE CREATION OF A COMMUNITY IMPROVEMENT DISTRICT (CID) FOR TEN QUIVIRA PLAZA. DISCUSSION: The City has received an application from T-L Ten Quivira, LLC requesting the City establish a CID to assist in funding the redevelopment of Ten Quivira Plaza located on the northwest corner of Shawnee Mission Parkway and Quivira Road. The redevelopment of the area will be funded through implementation of an additional one-half percent sales tax within the district as requested by the owner. A public hearing must be held before the City may consider establishing the CID. A memo from staff and a resolution setting a public hearing are included. PAGES 65 - 74 ACTION: Adopt a Resolution providing for Notice of a Public Hearing on August 8, 2011 Concerning the Advisability of the Creation of a Community Improvement District (CID) for Ten Quivira Plaza and declaring the intent of the City to levy a CID sales tax within the district at the request of the owner. If approved, a Resolution Number will be assigned. COMMENTS: ____________________________________________________________ ____________________________________________________________
____________________________________________________________ 9. ESTABLISH BUDGET LIMIT AND SET PUBLIC HEARING FOR THE 2011 AMENDED BUDGET AND THE 2012 BUDGET. DISCUSSION: Kansas Statutes require the City to set a public hearing for the 2011 Amended Budget and the 2012 Budget. Included are the notices setting the time and date for the public hearing for July 25, 2011 at 7:30 p.m., a memo from staff and other related information. PAGES 75 - 84 ACTION: a) Consider authorizing publication for July 25, 2011, at 7:30 p.m. as the date and time for the public hearing to amend the 2011 Budget. b) Consider authorizing publication for July 25, 2011, at 7:30 p.m. as the date and time for the public hearing on the 2012 Budget and authorize staff to publish the maximum dollar levy approved by the Governing Body. COMMENTS: ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ 10. CONDUCT A PUBLIC HEARING TO CONSIDER FUNDING APPLICATION FOR THE FY2011 BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM. DISCUSSION: In June 2011, the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance announced funding available through the Edward Byrne Memorial Justice Assistance Grant (JAG) Program. Of the JAG funds allocated to Johnson County, the City's portion is $14,527, which will be used to purchase an Automated License Plate Reader. A memo from staff and a copy of the Memorandum of Understanding are included for review. PAGES 85 - 98 ACTION: a) Conduct a Public Hearing; b) Conclude Public Hearing; c) Approve and authorize the Mayor to sign the Memorandum of Understanding between the Board of County Commissioners of Johnson County, Kansas, and the cities of Lenexa, Merriam, Olathe, Overland Park, and Shawnee, Kansas, involving the application and expenditure of the 2011 JAG funds. COMMENTS: ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ BUSINESS FROM THE FLOOR a) _________________________________________________________________
_________________________________________________________________ b) _________________________________________________________________ _________________________________________________________________ STAFF ITEMS 11. CONSIDER PRELIMINARY PLANS AND AUTHORIZE ACQUISITION OF PRIVATE PROPERTY FOR THE EDGEWOOD AND LARSEN STORM DRAINAGE PROJECT, P.N. 3368. DISCUSSION: On April 11, 2011, the Governing Body approved a Design Agreement with J2 Design for the Edgewood and Larsen Storm Drainage Project in the Tomahawk Hills neighborhood. Preliminary Plans have been completed and are ready for approval. The project will also necessitate the acquisition of permanent and temporary construction easements on 17 properties. A memo from staff is included for review. PAGES 99 - 104 ACTION: a) Approve the preliminary plans and authorize J2 Design to continue with design of final plans; b) Authorize staff to acquire easements for the Edgewood and Larsen Storm Drainage Improvements by initially offering tiered flat fees in the amounts of $400 for small Temporary Construction Easements, $1,500 for large Temporary Construction Easements or Utility Easements, $800 for small Permanent Drainage Easements and $2,000 for large Permanent Drainage Easements; c) Authorize staff to acquire easements still outstanding as of August 29, 2011 by condemnation. COMMENTS: ____________________________________________________________ ____________________________________________________________ ____________________________________________________________
12. CONSIDER PRELIMINARY PLANS AND ACQUISITION OF PRIVATE PROPERTY FOR THE 61ST TERRACE STORM SEWER EXTENSION. DISCUSSION: The Capital Improvement Plan includes the 61st Terrace Storm Sewer Extension to correct flooding issues with two homes. Preliminary Plans have been completed and are ready for approval. Construction of the project will necessitate the acquisition of permanent drainage easements and temporary construction easements on two properties. A memo from staff is included for review. PAGES 105 - 108 ACTION: a) Approve the preliminary plans and authorize J2 Design to continue with design of final plans; b) Authorize staff to acquire easements for the 61st Terrace Storm Sewer Extension.
COMMENTS: ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ 13. CONSIDER APPROVAL OF THE FINAL PLANS FOR LISTOWEL PARK STORM DRAINAGE IMPROVEMENTS. DISCUSSION: Storm drainage improvements are required for Listowel Park. Final plans have been completed by staff. The project is ready for bid. Construction costs are estimated at $75,000 and will be funded through the Stormwater Utility. A memo from staff is included for review. PAGES 109 - 110 ACTION: Approve the final plans and authorize staff to advertise the project for bid. COMMENTS: ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ 14. CONSIDER CHANGE ORDER NO. 1 AND FINAL FOR THE 57TH AND QUIVIRA STORM DRAINAGE PROJECT, P.N. 3282. DISCUSSION: On January 10, 2011, VF Anderson Builders was awarded the contact for the 57th and Quivira Storm Drainage project in the amount of $597,705.80. The project has been completed and all final cleanup items have been accepted. The final construction cost is $609,374.16. This change order represents a contract increase of $11,668.36. A memo from staff and copy of the change order are included for review. PAGES 111 - 114 ACTION: Approve Change Order No. 1 and Final for VF Anderson Builders, Peculiar Missouri in the amount of $11,686.36. COMMENTS: ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ 15. CONSIDER BIDS FOR THE JOHNSON DRIVE REHABILITATION PROJECT, ROBERTS TO WOODLAND, P.N. 3363. DISCUSSION: On June 13, 2011, the Governing Body approved final plans for the Johnson Drive Rehabilitation Project, Roberts to Woodland. Six Contractors submitted bids on the project. JM Fahey Construction, Grandview, Missouri was the low bidder in the amount of $592,221.50. Construction is partially funded through the County Assistance Road System and through the City's Street Maintenance program. A memo from staff and tabulation of bids are included for review. PAGES 115 - 118
ACTION: Approve bid and award contract to JM Fahey Construction, Grandview, Missouri, in the amount of $592,221.50. COMMENTS: ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ 16. CONSIDER AN ORDINANCE AMENDING THE SHAWNEE MUNICIPAL CODE, TITLE 10, VEHICLES AND TRAFFIC, RELATED TO DRIVING UNDER THE INFLUENCE. DISCUSSION: The Shawnee Municipal Code currently incorporates the Standard Traffic Ordinance, (STO) 2010 Edition, with amendments. Legislative changes effective July 1, 2011, have created inconsistencies between the State law and the incorporated STO for Driving Under the Influence. A memo from staff and draft ordinance incorporating legislative changes that provide consistency between the Municipal Code and Kansas law are included for review. PAGES 119 - 128 ACTION: Pass an ordinance amending Chapter 10.04 of the Shawnee Municipal Code. If approved, an ordinance number will be assigned. COMMENTS: ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ MISCELLANEOUS ITEMS 17. RATIFY SEMI-MONTHLY CLAIMS FOR JULY 11, 2011, IN THE AMOUNT OF $1,654,364.21. COMMENTS: ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ 18. MISCELLANEOUS COUNCIL ITEMS. a) _________________________________________________________________ _________________________________________________________________ b) _________________________________________________________________ _________________________________________________________________ 19. ADJOURNMENT
