MERRIAM CITY COUNCIL AGENDA CITY HALL 6200 EBY STREET May 14, :00 P.M.

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1 MERRIAM CITY COUNCIL AGENDA CITY HALL 6200 EBY STREET May 14, :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. I. CALL TO ORDER - PLEDGE OF ALLEGIANCE II. ROLL CALL 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. A. Council items: 1. Approval of the minutes of the City Council Meeting held April 23, Consider approval of a bid for replacement of CCTV system for the Irene B. French Community Center. 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. V. MAYOR S REPORT 1. Consider acceptance of the 2011 Audit of Financial Statements. 2. Karen Falk- ETC Institute- Citizen Survey results. 3. Reconsider the approval of Infinity Compost LLC. for a Disposal Franchise. VII. COUNCIL ITEMS A. Finance and Administration

2 1. Monthly Finance Report. B. Community Development / Public Works 1. Consider approval of a resolution regarding the unsafe structure located at 6515 Hardy. VIII. STAFF ITEMS IX. IX. XI. NEW BUSINESS EXECUTIVE SESSION ADJOURNMENT Respectfully submitted, Juliana Pinnick Juliana Pinnick City Clerk

3 City Council Minutes April 23, 2012 MERRIAM CITY COUNCIL MINUTES CITY HALL 6200 EBY STREET APRIL 23, :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 John Canterbury John Crabtree Al Frisby Chris Evans Hands Nancy Hupp Chad Rowe Gayle Stephens Pam Bertoncin was absent Staff Present Michelle Daise, City Attorney; Phil Lammers, City Administrator; Randy Carroll, Public Works Director; Tim Burnett, Police Chief; Bob Pape, Fire Chief; Cindy Ehart, Finance Director; 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 April 9, Consider renewal of participation with Johnson County as an urban county in the Community Development Block Grant (CDBG) and Home Investment Partnerships (HOME) Programs for Federal Fiscal years Consider approval of the County Assisted Road System (CARS) application. 1

4 City Council Minutes April 23, 2012 COUNCILMEMBER ROWE MOVED THAT THE COUNCIL APPROVE CONSENT AGENDA ITEMS 1-3. 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. V. MAYOR S REPORT 1. Consider approval for a non-consumption on the premises Cereal Malt Beverage license for the premises located at 9025 Johnson Drive (Quik Trip Corporation). Matt Brooks, Quik Trip Corporation, addressed the council regarding the Cereal Malt Beverage License. Mr. Brooks explained the protocol for Quik Trip s Responsible Retail Program. Employees receive numerous hours of training; in addition, Quik Trip employs secret shoppers that go into each store to attempt to purchase age restricted items to ensure employees are properly asking for identification for the sale of alcohol and tobacco products. Mayor Sissom commented that the City has a zero tolerance policy for underage sales of alcohol. The Merriam Police Department and Johnson County Sheriff s Department conducts alcohol stings once or twice a year. COUNCILMEMBER HUPP MOVED THAT THE COUNCIL APPROVE A NON-CONSUMPTION ON THE PREMISES CEREAL MALT BEVERAGE LICENSE FOR THE PREMISES LOCATE AT 9025 JOHNSON DRIVE (QUIK TRIP CORPORATION). THE MOTION WAS UNANIMOUSLY APPROVED. 2. Consider approval for a non-consumption on the premises Cereal Malt Beverage license for the premises located at 8801 Johnson Drive (7-11 Store # 35787). Lorie Bowman, 7-11 representative, addressed the council regarding the Cereal Malt Beverage License application. Ms. Bowman indicated that 7-11 enforces a zero tolerance policy. One sale to an underage person, results in the employee being separated from the company. In addition 7-11 conducts background checks on all employees prior to hiring. 2

5 City Council Minutes April 23, 2012 COUNCILMEMBER HANDS MOVED THAT THE COUNCIL APPROVE A NON-CONSUMPTION ON THE PREMISES CEREAL MALT BEVERAGE LICENSE FOR THE PREMISES LOCATE AT 9025 JOHNSON DRIVE(7-11 STORE #35787). THE MOTION WAS UNANIMOUSLY APPROVED. 3. Consider approval of a Disposal Franchise License for Infinity Compost LLC. City Administrator Phil Lammers commented that this license will be the sixth and final license issued for a solid waste hauler. The City Code puts the limit on the number of haulers that can be issued a license. The limit on number of haulers was one of the issues the Ad Hoc Solid Waste Committee was going to discuss. Councilmember Stephens expressed concerns over the number of haulers that are allowed and limiting it to six. She further expressed concern over the number of trucks on the streets on any given day. In addition, of the six licenses, not all are picking up all waste streams for residential service. Some are only picking up commercial and others only certain residential neighborhoods not city-wide collection. This is one of many issues the Ad- Hoc Committee needs to address. Councilmember Rowe commented that the regulation will put more trucks on the streets regardless, because the waste streams of household garbage, recycling, and yard waste all have to be collected in different trucks. There was no representative from Infinity Compost present. Mr. Lammers commented that if there was a need for additional haulers past the six as dictated by the City Code, the council would simply need to pass an ordinance increasing the number of haulers allowed. COUNCILMEMBER HANDS MOVED THAT THE COUNCIL APPROVE A DISPOSAL FRANCHISE LICENSE FOR INFINITY COMPOST LLC. THE MOTION WAS UNANIMOUSLY APPROVED. VI. PUBLIC HEARING To consider approval of an amendment to the Merriam Pointe Redevelopment project plan COUNCILMEMBER HUPP MOVED THAT THE COUNCIL OPEN THE PUBLIC HEARING TO CONSIDER AN AMENDMENT TO THE MERRIAM POINTE REDEVELOPMENT PROJECT PLAN. THE MOTION WAS UNANIMOUSLY APPROVED. The Public Hearing opened at 7:20 p.m. 3

6 City Council Minutes April 23, 2012 Community Development Director Bryan Dyer explained the history of the Merriam Pointe Project. In 2003, the City of Merriam adopted the Merriam Pointe Redevelopment Plan in accordance with Kansas Statues Annotated (KSA) That plan outlined a number of items including disbursement of Tax Increment Financing (TIF) funds to the developer, Merriam Pointe LLC, for eligible expenses and the proposed land uses. The first step in the adoption of the plan was the Planning Commission finding that the project plan is consistent with the intent of the comprehensive plan for the development of the city (KSA ). At the May 7, 2003, meeting, the Planning Commission found that the Redevelopment Plan was consistent with the Merriam Comprehensive Plan. In 2011, Merriam Investors LLC set to recasting the Merriam Pointe Development. The recasting involved seeking approval of two additional automobile dealerships to be located at the southwest corner of I-35 and W. 67 th Street. As part of the approval of those dealerships, the Merriam Pointe Redevelopment Project Plan was amended to permit the additional two automobile dealerships. In February 2011, the Planning Commission determined that the amended Redevelopment Project Plan was consistent with the intent of the City s comprehensive plan. Merriam Investors is now working with a third automotive dealership that is interested in locating in Merriam Pointe. The third dealership is proposing to be located on the two lots that were approved in 2008 for hotels. The construction of the two hotels has never commenced. The first step in the development of the third dealership is amending the Merriam Pointe Redevelopment Project Plan. At their March 7, 2012 meeting, the Planning Commission found that the proposed amended Merriam Pointe Redevelopment Project Plan is consistent with the intent of the City s Comprehensive Plan. The next step in the process is for the City Council to conduct a Public Hearing on the proposed amendments and, if appropriate, approve the proposed amended Redevelopment Project Plan. Mayor Sissom called for public comments. There were no public comments regarding the amendment to the Merriam Pointe Redevelopment Project Plan. The Public Hearing closed at 7:22 p.m. COUNCILMEMBER STEPHENS MOVED THAT THE COUNCIL WAIVE THE FIRST READING OF AN ORDINANCE ADOPTING AN AMENDMENT TO THE MERRIAM POINTE REDEVELOPMENT PROJECT PLAN. THE MOTION WAS UNANIMOUSLY APPROVED. 4

7 City Council Minutes April 23, 2012 COUNCILMEMBER HANDS MOVED THAT THE COUNCIL APPROVE AN ORDINANCE ADOPTING AN AMENDMENT TO THE MERRIAM POINTE REDEVELOPMENT PROJECT PLAN. THE MOTION WAS UNANIMOUSLY APPROVED. VII. PLANNING COMMISSION 1. Consider approval of a Change in Use and Associated Revised Preliminary Development Plan for Merriam Auto Mall Developers, LLC Located at Approximately the Southwest Corner West 67 th Street and I-35 in a PUD-G, Planned Unit Development-General, Zoning District. Community Development Director Bryan Dyer displayed illustrations of the development depicting landscaping plans, as well as, building elevations, and building façade elements. Scott Slaggie, Slaggie Architects, answered a few questions from the council. COUNCILMEMBER ROWE MOVED THAT THE GOVERNING BODY, BASED ON THE EVIDENCE PRESENTED AT THE APRIL 4, 2012 PUBLIC HEARING, AS WELL AS, THE CRITERIA OUTLINED IN THE CITY S ZONING ORDINANCE, AS DETAILED IN THE PLANNING COMMISSION STAFF REPORT, UPHOLD THE RECOMMENDATION OF THE PLANNING COMMISSION TO APPROVE, WITH CONDITIONS, A CHANGE OF USE AND ASSOCIATED REVISED PRELIMINARY DEVELOPMENT PLAN TO ADD AUTOMOBILE SALES USE TO THE ALLOWABLE USES IN A PUD- G PLANNED UNIT DEVELOPMENT GENERAL ZONING DISTRICT AND AUTHORIZE THE MAYOR TO SIGN THE EFFECTUATING ORDINANCE. THE MOTION WAS UNANIMOUSLY APPROVED. 2. Consider approval of the Final Plat Merriam Pointe-4 th Plat located at Approximately the Southwest Corner of West 67 th Street and I-35 in a PUD-G, Planned Unit Development-General, Zoning District. COUNCILMEMBER HUPP MOVED THAT THE COUNCIL ACCEPT THE EASEMENTS AND RIGHTS-OF-WAY DEDICATED BY P-1-11-MERRIAM POINTE FOURTH PLAT. THE MOTION WAS UNANIMOUSLY APPROVED. Mr. Dyer informed the council that a few new developments are occurring in the city of Merriam. The former Got-Junk location will be redeveloped into a pet adoption center in conjunction with the Heartland SPCA facility on that site. In addition an urgent care facility will be built on W. Frontage Rd around the 7200 block. 5

8 City Council Minutes April 23, 2012 VIII. COUNCIL ITEMS A. Community Development/Public Works 1. Consider approval of a request for construction with KDOT for the Johnson Drive Bridge rehabilitation project. City Engineer Hye Jin Lee presented the background for this item. Mid-America Regional Council (MARC) Bridge/Surface Transportation Program (BR/STP) committee has recommended the Johnson Drive over Turkey Creek Bridge Rehabilitation project for funding ($224k in 2013 and $896k in 2014). KDOT s Request for Construction Project (Form 1302) is a formal request and City s pledge of matching funds for the BR/STP funds. Estimated matching 20% of BR/STP Fund is $280k for the project. The submittal of this request will initiate assignment of a KDOT project number, which will be referenced for all future correspondence regarding this project. This is an unusual case for City of Merriam to receive multi-year Federal Funds. As you may recall from previous CIP updates, the City Engineer initially requested and the BR/STP Committee recommended the customary 80% of construction cost matching fund ($1.12 mil). In a subsequent meeting, it was reduced to another 80% to $896k. Then again, the BR/STP funds had to be re-balanced. City Engineer collaborated with Overland Park City Engineer to propose a funding scenario that can restore our funds back to $1.12 mil. In order for that restoration of fund, $224k was allocated in 2013 and $896k in The Federal Fiscal Year is different from City s fiscal year. Federal Fiscal year is from October 1 to September 30. City s fiscal year is on a calendar year. Due to straddling fiscal years, the funding administration requires a strategic planning as not to burden our budget. The standard KDOT administration requires that the City advance the 2014 full amount at the time project is award to contractor by KDOT. The City Engineer proposes to open bids at the end of September/beginning of October to take advantage of the $224k allocated in 2013 and yet not fully advance the 2014 construction funds. Federal funds are typically distributed in October and November. According to the Program manager, it will be possible that City can sign a supplemental agreement in a form of a pledge that will eliminate the advancement of full construction cost or a down payment for a pledge for matching funds once KDOT have received the Federal Funds. The project will entail removal and replacement of the entire bridge deck. It has not been determined if the bridge will be closed entirely or if one lane will remain open. Approximately 15,000 cars use the bridge daily. 6

9 City Council Minutes April 23, 2012 COUNCILMEMBER CANTERBURY MOVED THAT THE COUNCIL AUTHORIZE THE MAYOR AND CITY ENGINEER TO EXECUTE THE REQUEST FOR CONSTRUCTION FOR CONSTRUCTION PROJECT KDOT FORM 3102 FOR JOHNSON DRIVE OVER TURKEY CREEK BRIDGE REHABILITATION PROJECT. THE MOTION WAS UNANIMOUSLY APPROVED. 2. CIP Update. City Engineer Hye Jin Lee provided the following CIP update. Drainage Improvement on 56 th Terrace to 54 th Terrace, Overland Park The property owner of 8030 W. 55 th Terrace, Mr. and Mrs. Herman, after much deliberation decided to proceed with the proposed improvement. The temporary construction easement from 8034 W. 55 th Terrace is not executed, but is not be necessary for access. City of Merriam may exercise the right to access previously recorded permanent drainage easement and utility easement. The City of Overland Park still needs executed easements for this project. City of Overland Park halted all their efforts after staff informed them of Mr. and Mrs. Herman s initial decision. Acquisition of easements will depend on how receptive Overland Park residents are to these changes SMAC Project List - In addition to Hocker Creek and Meyer Creek Drainage Improvement projects, SMAC program manager from Johnson County informed staff that other cities passed on their projects. SMAC program manager is offering S. Quaker Creek Improvement to the City of Merriam for funding. S. Quaker Creek ranked #26 out of total 26 submitted projects. Staff previously reported to Council that we would not have the opportunity for funding. This condition is unprecedented in SMAC history to offer funding to this low ranking priority project. Although, SMAC is willing to fund the project, the project has been taken off the CIP program. According to the Finance Director, our 5 year CIP program will not be able to obligate the funds for the SMAC program year. VI. STAFF ITEMS City Administrator Phil Lammers commented that the State s veto session is about to begin. The city s lobbyist will be keeping a close eye on issues related to Merriam s Legislative Priorities and keep the city informed of any actions of major circumstance. VII. NEW BUSINESS 7

10 City Council Minutes April 23, 2012 XI. EXECUTIVE SESSION XI. ADJOURNMENT THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE COUNCIL, COUNCIL, COUNCILMEMBER HANDS MOVED TO ADJOURN AT 8:00 P.M. COUNCILMEMBER STEPHENS SECONDED AND THE MOTION WAS UNANIMOUSLY APPROVED. Respectfully submitted, Juliana Pinnick City Clerk 8

11 AGENDA ITEM INFORMATION FORM Agenda Item: Consider acceptance of 2011 Audit of Financial Statements. Department: Finance Background/Description of Item: The audit of the 2011 Annual Financial Statements is complete. A draft of the Independent Auditor s Report, Management s Discussion and Analysis, Financial Statements with footnotes and Management Letter will be provided by Friday afternoon, May 11. Implementation of Government Accounting Standards Board (GASB) # 54 Fund Balance Reporting and Governmental Fund Type Definitions has resulted in several notable changes for financial reporting purposes only. The purpose of the new standard is to address lack of consistency among governments in reporting constraints on fund balances and to clarify fund-type definitions. Under the new standard, Risk Management Fund no longer meets the definition of a special revenue fund. Risk Management was combined with General Fund, the original source of funding. The associated fund balance is assigned for risk management. The I-35 Redevelopment District CIP fund was combined with Tax Increment Contractual Liability Fund to create I-35 District TIF Fund. The Tax Increment Revenue Bond Fund was renamed to the more descriptive Merriam Town Center TIF Fund. The TIF funds account for all TIF increment receipts and usage in their respective districts. The final audit report may contain minor formatting or narrative changes associated with implementation of GASB #54, but will be unchanged with respect to reported numbers or the auditor s opinion. Related Ordinance or Statutes: None Recommendation: Staff recommends acceptance of the 2011 audit of the City s financial statements. Prepared by: Cindy Ehart, Finance Director Date: May 10, 2012

69 AGENDA ITEM INFORMATION FORM Agenda Item: Consider approval of bid for replacement of CCTV system for community center Department: Parks & Recreation Background/Description of Item: The security system for the community center is currently provided by a 12-year old closed circuit system of analog cameras, monitored by staff at the registration desk. During the past year despite several attempts at repair, the system has been malfunctioning to the point that it is no longer reliable. The existing analog multiplexer is not repairable and technology has advanced to the point that we cannot upgrade it. Staff is recommending the purchase of a new system from TED Systems, LLC in the amount of $11, The proposed system will include utilization of 8 existing analog cameras and coax cable, and installation of 6 new IP cameras (at additional locations in the building) which will be fed into a hybrid DVR with the capacity to record activity. Included in the proposal will be a 32 LCD monitor to view the cameras. This system will provide better picture clarity and search versatility as well as additional security for areas of the building which are not currently viewable. The attached proposal includes the new camera locations. Although this expenditure falls within the City Administrator approval authority, this purchase is an unbudgeted project, thus staff is placing it on the agenda for governing body approval. The Finance Director has verified that funding would be provided from the Equipment Reserve Fund reserve. Staff Recommendation: Staff recommends approval of the proposal from TED Systems, LLC in the amount of $11, Prepared by: Susan Hayden, Director of Parks & Recreation Date: 5/8/12

78 AGENDA ITEM INFORMATION FORM Agenda Item: Consider the matter of an unsafe structure at 6515 Hardy Street Department: Community Development Background/Description of Item: At the October 24, 2011 City Council meeting, the Council after holding five public hearings, passed Resolution #818 finding that the structure at 6515 Hardy Street must be made safe and secure by November 11, At the November 14, 2011 City Council meeting, after hearing testimony from the property owner and City staff, the Council passed Resolution #820. Resolution #820 extended the deadline for making the structure safe and secure to May 14, On April 30, 2012, the property owner provided staff with evidence that the fireplace insert to be installed in the home had been significantly damaged and a new fireplace insert had been ordered. The property owner stated that it was likely that the insert would not be received in time to meet the May 14, 2012 deadline. The property owner requested an extension to the May 14 deadline. On April 7, 2012, the City Building Inspector performed a rough-in inspection on the structure and found that significant progress had been made in making the structure safe and secure. Additionally, the exterior of the building had been completely sided. Based on the progress that the property owner has made to date, staff recommends that the deadline for making the structure safe and secure be extended to July 23, Related Ordinance(s) or Statute(s): Merriam Municipal Code Sections 9-5, Kansas State Statues Annotated , , , and Recommendation: Council approve the resolution extending the date to make 6515 Hardy Street safe and secure to July 23, 2012 and authorize the Mayor to sign the effectuating resolution. Prepared by: Bryan P. Dyer, Community Development Director Date: May 14, 2011

79 RESOLUTION NO. A RESOLUTION OF THE GOVERNING BODY OF THE CITY OF MERRIAM, KANSAS EXTENDING THE DATE WHEREBY AN UNSAFE AND DANGEROUS STRUCTURE LOCATED AT 6515 HARDY SHALL BE REPAIRED OR REMOVED AND THE PREMISES MADE SAFE AND SECURE. WHEREAS, following proper notice, the Governing Body held a public hearing which was continued from time to time, to determine whether the structure located on real property commonly known as 6515 Hardy Street, Merriam, Kansas and legally described herein, was unsafe, contrary to state statutory and City Code provisions; WHEREAS, on October 24, 2011, the Governing Body passed Resolution No. 818, whereby it determined and declared that the subject property was unsafe and dangerous; WHEREAS, Resolution No. 818 set forth the time frame in which the owner of the subject property was required to repair or remove the structure on said property and to make the premises safe and secure; WHEREAS, on November 14, 2011, the City Council passed Resolution No. 820, granting the owner of the subject property, an extension of time to May 14, 2012 to comply with Resolution No. 818 and applicable City Code and state statutory provisions; WHEREAS, on May 14, 2012, the City Council received evidence from City staff indicating that, while the property owner has made progress on the subject property, it remains in such a condition that City staff is not able to declare the subject property safe and secure; and WHEREAS, on May 14, 2012, the owner of the subject property, Timothy Sulzen, requested that the Council grant him additional time to comply with Resolution No. 818 and applicable City Code and state statutory provisions. NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF MERRIAM, KANSAS THAT: Section 1. The determination made by the Governing Body of the City of Merriam, Kansas in Resolution No. 818 remains in effect for the following property: FAIRVIEW PARK S 12 LT 5 & ALL LTS 6 7 & 8 BLK G in the City of Merriam, Johnson County, Kansas, and commonly known as 6515 Hardy Street (the Property ). Section 2. The Governing Body finds that, while the Property owner is making progress toward satisfying the requirements of Resolution No. 818 and applicable City Code and state statutory provisions, the Property remains in such a condition that it may not yet be declared safe and secure. The Governing Body further finds that it is in the interest of the general public health, safety and welfare to grant the Property owner an extension of time to complete the process of making the Property safe and secure.

80 Resolution No Hardy Page 2 of 2 Section 3. The owner of the Property is hereby directed to complete the repair necessary to make the premises safe and secure not later than July 23, Section 4. The City building official is hereby directed to inspect the Property after July 19, 2012 to determine whether the Property is safe and secure and to report the results of said inspection to the Governing Body at its regular meeting on July 23, Section 5. In the event the Governing Body determines at its meeting on July 23, 2012 that the Property owner has failed to diligently prosecute the repair or removal of the structure and to make the Property safe and secure, the City will proceed to make the premises safe and secure as set forth in Resolution No Section 6. In the event that the City proceeds according to the provisions of Resolution No. 818, all costs associated thereto shall be billed and assessed as set forth in said Resolution No Section 7. The City Clerk is hereby directed to publish this Resolution in the official newspaper of the City and to mail a copy of this Resolution to the owners, agents, lienholders of record and the occupants of the Property in the same manner provided for the notice of hearing as set forth in Section 5-57 of the Merriam Code. Section 8. This Resolution shall be in full force and effect after its adoption and publication in the official newspaper of the City. ADOPTED by the Governing Body the 14th day of May, (Seal) Ken Sissom, Mayor ATTEST: Juliana Pinnick, City Clerk