MERRIAM CITY COUNCIL MINUTES CITY HALL 9001 WEST 62 ND STREET APRIL 9, :00 P.M.

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1 MERRIAM CITY COUNCIL MINUTES CITY HALL 9001 WEST 62 ND STREET APRIL 9, :00 P.M. I. CALL TO ORDER - PLEDGE OF ALLEGIANCE Mayor Ken Sissom called the meeting to order at 7:00 pm. II. ROLL CALL Scott Diebold Al Frisby Chris Evans Hands Nancy Hupp Bryan Knaff David Neal Bob Pape Robert Weems Staff present: Chris Engel, City Administrator; Meredith Hauck, Assistant City Administrator; Cindy Ehart, Finance Director; Kevin Bruemmer, Public Works Director; Nicole Proulx Aiken, City Attorney; Anna Slocum, Parks and Recreation Director; Bryan Dehner, Fire Chief; Mike Daniels, Police Chief; Bryan Dyer, Community Development 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. Andre Smith, owner of Watts Up Lighting, 9320 Johnson Dr. addressed the council regarding the upcoming road improvements to Johnson Dr. Mr. Smith has been in contact with city staff regarding the improvements and has voiced his concerns over the access to I-35 from being shut off for about two weeks during the project. Because his business has approximately 5 semi-truck loads per day, the two-week closing access to I-35 from Johnson Dr. will cause a great hardship on his business. He provided a document that contained his concerns, a suggested alternative to shutting off the I-35 access and signatures from about 10 other small business owners along Johnson Dr. who will be affected by the closure. Lindell Clark, 6626 Goodman addressed the council regarding mail he receives that either lists Mission or Shawnee Mission as his city. He doesn t understand 1

2 why it doesn t have Merriam. He feels the city should find out why the mail comes that way and try to fix it. Mayor Sissom replied that a few years ago the city did attempt to get our own zip code for Merriam as there are currently three zip codes within the city. That attempt did not get very far with the United States Postal Service. 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. Consider approval of the minutes of the City Council meeting held March 26, Consider approval of the relocation of playground equipment from Vavra to Waterfall Park. 3. Consider approval of the appointment of Christopher Mann as Merriam City Prosecutor. 4. Consider accepting the dedication of easements shown on the Monica Estates Final Plat located at 6624 Eby Place. COUNCILMEMBER HANDS MOVED THAT THE COUNCIL APPROVE CONSENT AGENDA ITEMS 1-4. COUNCILMEMBER FRISBY SECONDED AND THE MOTION WAS UNANIMOUSLY APPROVED. V. MAYOR S REPORT 1. Employee Service Awards-2 nd Quarter Mayor Sissom presented the 2 nd Quarter 2018 Employee Service Awards to the following recipients: 5 Years of Service Chris Engel-Administration David Vincent- Police Department 10 Years of Service Andy Robrahn-Administration 20 Years of Service 2

3 John Walton-Police Department 2. Visitors Bureau Annual Report. Visitors Bureau Director Karen Crane presented the 2018 Visitors Bureau Annual Report. 3. Fire Department Annual Report. Fire Chief Bryan Dehner presented the 2018 Fire Department Annual Report. 4. Deb Settle- Northeast Johnson County Chamber of Commerce Annual Update. Chamber President Deb Settle thanked the council for their support of the Chamber and reviewed upcoming Chamber events. VI. PLANNING COMMISSION 1. Consider approval of an ordinance amending the Home Occupation regulations in Chapter 74-Zoning of the Merriam Code of Ordinances. Community Development Director Bryan Dyer provided the background for this item. At the January 8, 2018 meeting, the City Council directed the Planning Commission to review and make a recommendation on possible revisions to the home occupation regulations in Chapter 74 Zoning of the Merriam Code. On February 7, 2018, the Planning Commission reviewed the current home occupation regulations and provided staff recommendations for revisions to the regulations. On March 7, 2018, the Planning Commission conducted a Public Hearing on an ordinance revising the home occupation standards contained in Chapter 74. After taking public comments, the Planning Commission Chair closed the Public Hearing. Following discussion, the Commission unanimously voted to forward an ordinance to the City Council with a recommendation for approval. On March 26, 2018, the City Council considered the ordinance that was forwarded to them by the Planning Commission. Following comments from the public and extensive discussion amongst the Council, the Council unanimously approved to send the ordinance back to the Planning Commission for them to reconsider Type II permitting and licensing and to clarify certain definitions and or subjective terms. 3

4 On April 4, 2018, the Planning Commission reconsidered the ordinance, specifically looking at the permitting and licensing of Type II home occupations and clarifying definitions and terms. To facilitate their reconsideration, staff provided the Planning Commission with an ordinance with suggested changes based on the City Council s discussion and action. The Planning Commission discussed the revised ordinance and made three changes; they clarified the size of vehicles that a home occupation can store outdoors, simplified the description of allowable delivery vehicles, and clarified the section title for permit renewals. The City Council Agenda Packet contained the proposed ordinance depicting the Planning Commissions changes. Mr. Dyer reviewed the changes to the ordinance from the Planning Commission. Section 9 Sec Type I home occupation means a business, profession, occupation or trade conducted, wholly or in part, within a single-family or a two-family dwelling unit or within a structure accessory to a single-family or two-family residential building in which an employee or customers routinely visit the residence. Examples include but are not limited to: counseling, tutoring, musical instruction, contractor office, and hair cutting/styling. Section 9 Sec Type II home occupation means a home occupation an economic activity involving no routine customers or employees on the premises or the storage of tools or equipment for use off premises. A Type II home occupation is where the residence serves as the resident s primary office has no discernable impact on the surrounding neighborhood and can occur in any typical dwelling unit. Examples include but are not limited to: writer, accountant, consultant, and computer programmer. Use limitations for Type I and Type II home occupations Section 10 Sec Use Limitations There shall be no outdoor storage of stock, stock in trade, vehicles registered with or classified by the Kansas Department of Revenue with a Gross Vehicle Weight of over 14,000 pounds, equipment, machinery or materials used in the business of the home occupation. Trailer parking done in conformance with this chapter is allowed. 4

5 Storage of construction vehicles or large equipment is not allowed at a home occupation. Trailer parking done in conformance with this chapter is allowed. Home occupations may not serve as headquarters or dispatch centers where employees come to the home occupation and are dispatched to other locations. Deliveries or pick-ups of supplies or products shall be by vehicles that normally perform deliveries or pick-ups in residential neighborhoods. Deliveries or pickups by a vehicle with more than two-axles or by a trailer is not allowed. Deliveries or pick-ups shall occur between 7:00 am and 9;00 pm. Type II home occupations permit Section 13 Sec Type II Home occupation permit. Removed requiring Type II Home occupations to obtain a permit from the city.0 a.m. and 9:00 p.m. Use limitations for Type II home occupations Section 13 Sec Use Limitations Type II home occupation shall only be conducted by a person residing in the dwelling with no assistance from other individuals or groups. There shall be no nonresident employees. No routine customers or employees shall visit the location of a Type II home occupation. In addition, the term customers have been redefined to cover Patrons, visitors, and clients. Councilmember Diebold asked if there were any concerns from the Police or Fire Departments regarding home occupations. Police Chief Mike Daniels responded that at this point he does not see anything in this ordinance that would cause any concern. Fire Chief Bryan Dehner commented that the only questions or complaints the Fire Department receives is typically regarding Group Homes and those aren t related to this ordinance. Councilmember Neal commented that there were some specific concerns regarding some of the language in the code that he did not bring up last meeting as well as some additional items that may need to be considered. If possible, he would like to discuss them and potentially amend the proposed ordinance to include some of these items. 5

6 Councilmember Neal further commented that he has contacted other councilmembers about these concerns. Specifically, the Use Limitation section 11; Section Type I it outlines customers and employees shall not exceed the number of parking spaces as indicated on their site plan; then there are other sections in the proposed ordinance that limits the number of people that can be at the business at one time and other section that limits the number of customer visits in one day He feels that we should be regulating vehicles and not number of customers that can be inside the dwelling or visits per day. He feels that this will address the vehicle parking issue which is the main concern with home businesses and not focus on persons in the dwelling. Mayor Sissom commented that before the council gets too far into suggesting changes, he wants it to be clear that if the changes are significant and changes the nature of the ordinance, then this item will have to go back to the Planning Commission and they may have to hold a new public hearing. Mayor Sissom further commented that there are folks who have applied for a Home Occupation license and they are currently on hold while the changes are being worked through, to send the ordinance back to the Planning Commission and hold another public hearing will prolong their wait to obtain a license. City Attorney Nicole Proulx Aiken further commented that while small changes can be made, any changes that qualify as significant would start the process all over again at the Planning Commission level. Councilmember Neal addressed the use limitations in regard to vehicle signage. The proposed ordinance only allows a sign to be six square feet on each side and rear of a vehicle. He feels this creates an inequity between folks with a home business and someone who works for another employer but, brings a company vehicle home each day that has signs of any size. He suggested removing the vehicle sign regulation from the ordinance. Mayor Sissom commented that the new regulations also allow for larger vehicles associated with home occupations. These larger vehicles could be as large as a UPS truck, and to have a vehicle that large all wrapped in advertising in a residential area might not be very esthetically pleasing. The primary reason for regulating signage is not to restrict people having a business in their home it is to protect the neighborhood and what their neighbors have to deal with and look at. A large truck covered in advertising may not be what someone want to look at in their neighborhood all day. 6

7 Mr. Dyer echoed the Mayors comments that operating a business in a residential neighborhood is not a typical use. There are areas in the city zoned for commercial activity and that is typically where those commercial activities take place. The ordinance has language in there that talks about the need to balance the desires of an individual to have a business in their home against the expectations of the other neighbors to have a residential neighborhood. The City Attorney commented that there is a good legal reason to limit vehicle signage in a residential neighborhood. The city can only regulate the size of a sign, we cannot regulate the content of signs. Therefore, someone could have a very large sign on three sides of a vehicle that might be offensive to someone and they would be looking at it daily in their neighborhood and there is nothing that can be done about it. Councilmember Neal had questions about the 20% space regulation and how the city would be able to confirm that only 20% of the living space of the dwelling is being used for the business. Mr. Dyer responded that the applicant must agree to that provision and initial on the application that they will comply with all of the regulations for home occupations. One of those items they agree to comply with is the 20% use of space regulation. Essentially, they are self-certifying that they will follow the regulations. The city does not go out and inspect to verify that space usage. Mayor Sissom cautioned that if there are several items that councilmember Neal wants to change, it may require this ordinance going back to the Planning Commission and starting all over again. Councilmember Neal commented that he is not opposed to sending this back to the Planning Commission as he feels this is an important ordinance and it needs to be right. He feels the self-certification clause should be clarified in the ordinance stating that they must initial and agree to the regulations on the application form. Mr. Neal provided sample language reflecting this information. Mr. Neal commented that he feels the process should be clearly stated in the ordinance that way folks know what the expectation is prior to applying for a home occupation permit. There was some discussion regarding the reasons why a home occupation permit would not be approved after the applicant fills out an application and agrees to all of the regulations. Mr. Dyer indicated that if the applicant s 7

8 property has code violations they would be required to abate the code violations prior to the home occupation permit being approved. Mayor Sissom asked the council if they are desiring any changes to the proposed ordinance. Councilmembers Hands, Hupp, Diebold and Pape indicated that they are satisfied with the proposed ordinance from the Planning Commission. Councilmember Neal commented that the two items he is objecting to are not in the current existing ordinance but had been added to the proposed ordinance draft recommended by staff to the Planning Commission. They represent new restrictions not in the current ordinance. Those items are the sign size and the number of people allowed in a residence which he mentioned earlier. There are sections that regulate, parking spaces, number of people allowed at one time in the business and number of customer visits per day. He feels there may be a way to just regulate the vehicles rather than the number of people. He used an example of a photography business doing a family photo shoot which would most likely have more that three people at once depending on the size of the family. These provisions are adding restrictions to Type I permits that were not in the original code. Billy Crook, 6633 Wedd St., commented that he feels that many deficiencies have been corrected however he voiced concerns over the 20% floor space and asked to consider if the limitation still needs to remain or changed. He supports limiting vehicles signage but he feels that we could exempt vehicle signs that are out of public view or removeable. Mr. Crook agrees that vehicles and not the number of people should be restricted. Mr. Crook also feels that the code enforcement issues should not be tied to the Type I home occupation permit being issues as those issues should be addressed separately. Phillip Kline, Leawood, KS, distributed a legal brief from a first amendment attorney. Mr. Kline cautioned the regulation of the group meetings as they relate to religious groups. Sam Matier 8515 W 57 th St., commented that he is please to see the city council working through this ordinance and he sees a change in the way the process of making changes to the code is occurring. Mr. Matier still feels uncomfortable of the self-certification and feels it should be in the code. 8

9 Regarding the number of cars vs. people, he feels the regulations should address the vehicles and not people. Councilmember Neal asked if it would be appropriate to make a motion to amend certain sections of the ordinance. Mayor Sissom responded that he can make a motion to approve the ordinance as recommended by the Planning Commission with a few exceptions, as long as those exception don t significantly change the ordinance, because then the process would have to start all over again. Bryan Dyer suggested going through each of councilmember Neal s comments and have the council decide if they want to make those changes prior to the motion being made. Councilmember Neal proposed reviewing the use limitations and proposed increasing the sign size from 6 square feet to 12 square feet. After some discussion, there was no consensus from the council to increase the sign size from 6 square feet to 12 square feet. Councilmember Neal proposed striking Section 12, Section (3) which states there can be no more than 3 customers present at the dwelling unit at one time and regulate the number of vehicles rather than number of people. The consensus of the council was to remove Section (3) No more than three customers can be present at the dwelling at the same time. Councilmember Neal proposed to change Section 12, Section (2) from Only 10 customers may visit the dwelling unit in a day. to read Only 10 customer vehicles may visit the dwelling unit in a day. After some discussion, the consensus of the council was to change Section 12, Section (2) to read, No more than 10 customer vehicles may visit the dwelling unit in a day. Councilmember Neal proposed striking Section (5) which states To preserve tranquility in neighborhoods and prevent non-residential activities typically found in commercial districts. as he feels there is a better way to state this that may make it clearer and provided some proposed language. 9

10 The City Attorney commented that there is really no legal reason to remove or change this item and this was not a change proposed by the Planning Commission. Making this change, along with the other two items, borders on a significant change and would cause this to go back to the Planning Commission. The Mayor asked if this was in the original code. Mr. Dyer responded that this language is in the original code and currently on the books. The Mayor commented that this language has been in the current code for a long time and has not been a problem up to this point and no one has been denied a home occupation license because of this language in the code, therefore, it does not appear that there is really a need to change that language. COUNCILMEMBER HANDS MOVED THAT THE COUNCIL CONCUR WITH THE PLANNING COMMISSION S RECOMMENDATION AND APPROVE THE AMENDED REGULATION OF HOME OCCUPATIONS STRIKING SECTION (2); AND AMENDING SECTION (3) TO READ NO MORE THAN 10 CUSTOMER VEHICLES MAY VISIT THE DWELLING UNIT IN A DAY IN CHAPTER 74-ZONING OF THE MERRIAM CODE AND AUTHORIZE THE MAYOR TO SIGN THE EFFECTUATING ORDINANCE. COUNCILMEMBER PAPE SECONDED AND THE MOTION WAS UNANIMOUSLY APPROVED. 2. Consider approval of an ordinance amending Chapter 14-Business and Business Regulations of the Merriam Code of Ordinances. (recommend waiving first reading) Community Development Director Bryan Dyer commented that since the council just approved amendments to the Zoning section regarding Home Occupations there is a need to change the Business Regulation portion of the code. Staff would recommend waiving the first reading so that all changes associated with the Home Occupation coincide. COUNCILMEMBER HANDS MOVED THAT THE COUNCIL WAIVE THE CUSTOMARY FIRST READING OF AN ORDINANCE AMENDING CHAPTER 14-BUSINESS AND BUSINESS REGULATIONS OF THE MERRIAM CODE OF ORDINANCES. COUNCILMEMBER HUPP SECONDED AND THE MOTION WAS UNANIMOUSLY APPROVED. 10

11 COUNCILMEMBER HANDS MOVED THAT THE COUNCIL APPROVE AN ORDINANCE AMENDING CHAPTER 14-BUSINESS AND BUSINESS REGULATIONS OF THE MERRIAM CODE OF ORDINANCES WITH THE NOTED REVISION. COUNCILMEMBER PAPE SECONDED AND THE MOTION WAS UNANIMOUSLY APPROVED. 3. Consider approval of revisions to the 2018 Schedule of Fees. Community Development Director Bryan Dyer commented that this item is also connected to the change in the Home Occupation regulations. This revision will remove the fee for the Type II home occupation licenses. COUNCILMEMBER HANDS MOVED THAT THE COUNCIL APPROVE REVISIONS TO THE 2018 SCHEDULE OF FEES. COUNCILMEMBER WEEMS SECONDED AND THE MOTION WAS UNANIMOUSLY APPROVED. VII. COUNCIL ITEMS A. Finance and Administration 1. Community Center Update. Assistant City Administrator Meredith Hauck provided the monthly Community Center Update. 2. Monthly Finance Report. Finance Director Cindy Ehart provided the Finance Report for the month of March. B. Community Development/Public Works/CIP 1. Community Development Update. Community Development Director Bryan Dyer provided the following Community Development updates: Aristocrat Motors is moving along well with their building on their site for the new Porsche building. It is very visible from I-35. Audi has increased the size of their building which caused them to go back before the Planning Commission for approval. The service bay will now be approximately 3,000 square feet. They are expected to be complete with the dealership next year. 11

12 VIII. STAFF ITEMS The former Bob Evans site has sold to a company out of Wichita who plans to open an IHOP Restaurant on that site. While no one from the company has contacted the City, they have posted a Now Hiring sign in the front of the building. Mr. Dyer commented that other cities are seeing folks buying up older homes, tearing them down and building new homes on those sites. This is now occurring in Merriam as well. The plat approved this evening on the consent agenda is a replat of a large lot into two lots for future construction of two homes. There is an existing home on the lot which will be torn down and have two homes constructed on it. The BZA also has a variance request on their agenda for a replat and construction of an additional home on an adjacent vacant lot. VIII. IX. NEW BUSINESS EXECUTIVE SESSION X. ADJOURNMENT THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE COUNCIL, COUNCILMEMBER HANDS MOVED TO ADJOURN AT 9:55 PM. COUNCILMEMBER PAPE SECONDED AND THE MOTION WAS UNANIMOUSLY APPROVED. APPROVED: April 23, 2018 Respectfully submitted, Juliana Pinnick Juliana Pinnick City Clerk 12