MERRIAM CITY COUNCIL MINUTES CITY HALL 6200 EBY STREET Monday, December 17, :00 P.M.

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1 MERRIAM CITY COUNCIL MINUTES CITY HALL 6200 EBY STREET Monday, December 17, :00 P.M. I. CALL TO ORDER - PLEDGE OF ALLEGIANCE Mayor Ken Sissom called the meeting to order at 7:00 pm. Mayor Sissom asked for a moment of silence in recognition of the victims of the elementary school shooting in Connecticut and for the two police officers killed in Topeka. 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; Bryan Dyer, Community Development Director; Bob Pape, Fire Chief; Tim Burnett, Police Chief; Anna Slocum, Parks and Recreation Director; Randy Carroll, Public Works Director; Hye Jin Lee, City Engineer 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. Joseph Kronawitter, 9617 Hocker Dr. addressed the council regarding having a Merriam Police Officer at each of the two Merriam Elementary schools in the wake of the school tragedy that occurred in Sandy Hook, Connecticut. In addition Mr. Kronawitter wanted the council to review its current laws regarding the open carry laws of the State of Kansas. There was some discussion relating to the relationship with the Shawnee Mission school district and the city putting an officer at the school. The school district may contact the city if they are interested in putting something together for officers in schools. There would be many factors that would need to be considered as far as cost sharing agreements and so forth. 1

2 Mayor Sissom commented that the Kansas open carry law does not allow the city to exempt ourselves from the open carry law. The council has briefly discussed this issue. As well, our city attorney has indicated there has been some discussion among the Johnson County city attorney s on this issue. More discussion can occur as this issue progresses. 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. 1. Approval of the minutes of the City Council Meeting held November 26, Consider approval of contract change order #2 with Bryan-Ohlmeier Construction for the Public Works Bridge. 3. Consider approval of payment to Overland Park for traffic signal reconstruction at Antioch and 71 st St. in accordance with the inter local agreement. 4. Consider acceptance of the MARC Planning Sustainable Places Grant. 5. Consider approval of granting an access easement across 5024 Merriam Drive (Dutch Maid Property). Councilmember Rowe requested Consent Agenda Item 4 be removed. COUNCILMEMBER HANDS MOVED THAT THE COUNCIL APPROVE CONSENT AGENDA ITEMS 1-3 AND 5. THE MOTION WAS COUNCILMEMBER HUPP MOVED THAT THE COUNCIL APPROVED CONSENT AGENDA ITEM 4. THE MOTION WAS APPROVED. COUNCILMEMBER ROWE VOTED NAY. V. MAYOR S REPORT VI. VII. PLANNING COMMISSION Community Development Director Bryan Dyer provided the background for the Public Hearing to consider the matter of the amended Merriam Village Redevelopment Project Plan. 2

3 . In 2005, the City of Merriam adopted the Merriam Village Redevelopment Project Plan in accordance with Kansas Statutes Annotated (KSA) 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 that was approved in 2005 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 The buildings were never occupied by a permanent tenant. On this agenda tonight, DDR and IKEA are seeking the approval of an approximately 350,000 square foot retail IKEA store. The store is to be located in the same area as the existing, vacant inline buildings. To better facilitate the development of the IKEA store, the existing Merriam Village Redevelopment Project Plan needs to be amended. The amendments include removing Project Area J (the property proposed to be the location of the IKEA store), consolidation of Project Areas K and L into Project Area K, and redefining the proposed improvements to Project Area K. Project Area J (IKEA) will have its own separate Redevelopment Project Plan. That Redevelopment Project Plan is on this City Council agenda. As required by state statutes, the City Council must approve the amendment to the Merriam Village Redevelopment Plan. VIII. PUBLIC HEARING- Public Hearing to consider the matter of the amended Merriam Village Redevelopment Project Plan. Mayor Sissom opened the Public Hearing to consider the matter of the amended Merriam Village Redevelopment Project Plan at 7:25 pm. There were no public comments. Mayor Sissom closed the public Hearing at 7:26 pm. City Administrator Phil Lammers provided some background information regarding the IKEA Redevelopment Project Plan. The city was approached by DDR indicating IKEA was interested building a 349,000 square foot home furnishing store on the Area J of the Merriam Village project. Along with their desire to locate and construct the store in Merriam come the TIF incentives that were already associated with the development of the Merriam Village project. The city incentive to the IKEA project is $19.9 million in TIF reimbursements. The maximum term of the TIF is 20 years. The total cost of the IKEA project, including site acquisition is estimated at $70.2 million. 3

4 Beth Matkins, Real Estate Manager and Joseph Roth, Director of U.S. Public Affairs, IKEA presented the history of the IKEA concept. IKEA has over 330 stores in 40 countries. Mr. Roth explained the philosophy of IKEA from easy to assemble home furnishings and accessories to Swedish food offerings including an on-site restaurant. Mr. Roth presented IKEA s commitment to the environment with sustainable business practices. Flat packing, solar and geothermal heating for IKEA stores are just a couple of things IKEA does for sustainability. PUBLIC HEARING- Public Hearing to consider the matter of the IKEA Redevelopment Project Plan. Mayor Sissom opened the Public Hearing to consider the matter of the IKEA Redevelopment Project Plan at 7:47 pm. There were no public comments. Mayor Sissom closed the public Hearing at 7:48 pm. 1. Consider approval of an ordinance adopting the amended Merriam Village Redevelopment Project Plan. COUNCILMEMBER ROWE MOVED THAT THE COUNCIL WAIVE THE CUSTOMARY FIRST READING OF AN ORDINANCE ADOPTING THE AMENDED MERRIAM VILLAGE REDEVELOPMENT PROJECT PLAN. THE MOTION WAS COUNCILMEMBER FRISBY MOVED THAT THE GOVERNING BODY APPROVE AN ORDINANCE ADOPTING THE AMENDED MERRIAM VILLAGE REDEVELOPMENT PROJECT PLAN. THE MOTION WAS 2. Consider approval of an ordinance adopting the IKEA Redevelopment Project Plan. COUNCILMEMBER BERTONCIN MOVED THAT THE COUNCIL WAIVE THE CUSTOMARY FIRST READING OF AN ORDINANCE ADOPTING THE IKEA REDEVELOPMENT PROJECT PLAN. THE MOTION WAS COUNCILMEMBER HUPP MOVED THAT THE GOVERNING BODY APPROVE AN ORDINANCE ADOPTING THE IKEA REDEVELOPMENT PROJECT PLAN. THE MOTION WAS 4

5 3. Consider approval of an ordinance to adopt the IKEA Merriam Preliminary Development Plan. Community Development Director Bryan Dyer provided an overview of the IKEA Preliminary Development plan. A site plan was displayed depicting building and parking lot locations. There is a potential expansion of the building included in the Preliminary Development Plan. Loading docks will be along the backside of the building (the I-35 side) and will be screened. Beth Matkins, IKEA Real Estate Manager reviewed the IKEA building concept and details for the IKEA Merriam store. COUNCILMEMBER STEPHENS MOVED THAT THE COUNCIL APPROVE AN ORDINANCE ADOPTING AND APPROVING, WITH CONDITIONS, THE IKEA PRELIMINARY DEVELOPMENT PLAN. THE MOTION WAS 4. Consider acceptance of the dedication of easements for Merriam Village 4 th Plat. COUNCILMEMBER HANDS MOVED THAT THE COUNCIL ACCEPT THE DEDICATION OF EASEMENTS FOR MERRIAM VILLAGE 4 TH PLAT. THE MOTION WAS IX. COUNCIL ITEMS A. Finance and Administration B. Community Development/Public Works/CIP X. STAFF ITEMS City Administrator Phil Lammers updated the council on the feasibility of a below grade crossing for the Streamway Trail at 67 th Street. Staff has determined that a below grade or elevated crossing is not feasible. However, there could be a pedestrian crossing caution light installation that is in the works for that area. More details will be brought to the council as it develops. XI. XII. IV. NEW BUSINESS EXECUTIVE SESSION ADJOURNMENT 5

6 THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE COUNCIL, COUNCILMEMBER STEPHENS MOVED TO ADJOURN AT 8:33 PM. COUNCILMEMBER CRABTREE SECONDED AND THE MOTION WAS Approved: January 14, 2013 Respectfully submitted, Juliana Pinnick Juliana Pinnick City Clerk 6