MERRIAM CITY COUNCIL MINUTES CITY HALL 9001 WEST 62 ND STREET September 25, :00 P.M. Mayor Ken Sissom called the meeting to order at 7:00 pm.

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1 MERRIAM CITY COUNCIL MINUTES CITY HALL 9001 WEST 62 ND STREET September 25, :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 Cheryl Moore Bryan Knaff Bob Pape Robert Weems Staff present: Chris Engel, City Administrator; Mike Daniels, Police Chief; Cindy Ehart, Finance Director; Bryan Dyer, Community Development Director; Meredith Hauck, Assistant City Administrator; Kevin Bruemmer, Public Works Director; Nicole Proulx Aiken, City Attorney; 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. Tom Heffron, Chairman of Yes on Building Merriam Community, 9724 Hocker Dr., commented that the purpose of the committee was to distribute signs and engage the public to educate and advocate for ballot initiative for the new community center. Mr. Heffron thanked members of the committee, Phil Lammers, Billy Crook, Stoney Bogan, Suzanne Downey, Grant Getzlow, Katie Leary and Jan Woodward. The ballot initiative was approved and now the city is ready for the next steps. Brian Ekeland, 9900 W. 71 st Street, commented that he has recently ed his councilmembers and the Mayor about the recent Mail-in election for the Community Center. Mr. Ekeland believed that not voting on the initiative was actually voting no. Neither Mr. Ekeland nor his wife voted and thought that not voting would be counted as a no vote. Mr. Ekeland read an information piece distributed by the city that said Not voting in this mail-in ballot election is essentially a No vote, the city can only legally build a new community center if a 1

2 yes vote passes. A majority of voters must approve the facility, for construction to start. Mayor Sissom explained that whether a mail-in election or an in-person election for any vote to count a vote must be cast either yes or no. This election was no different from any other election that has been held. An in-person election would not count no votes for people who didn t show up at the polling locations. In this election, the ballot came in the mail and a vote had to be cast either way in order to count. Mr. Ekeland commented that he understands this but because there were so many people that weren t engaged in the process and did not vote in this election that it doesn t seem that there is widespread community support for the new facility. Mayor Sissom commented that this election had the highest voter turn-out over the past 10 years at 36%. Typically, voter turn-out is about 15-20%, so a 36% voter turnout and an almost 68% approval rate does show widespread community support. 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 September 11, Consider acceptance of easements as dedicated on Merriam Pointe 5 th Plat-Hyundai located at 7020 & 7050 W. Frontage Rd. in a PUD-G (Planned Unit Development-General) District (PA17-6). COUNCILMEMBER MOORE MOVED THAT THE COUNCIL APPROVE CONSENT AGENDA ITEMS 1-2. COUNCILMEMBER HUPP SECONDED AND THE MOTION WAS UNANIMOUSLY APPROVED. V. MAYOR S REPORT Mayor Sissom made a few comments expressing his personal beliefs regarding a state law that was recently enacted that prevents elected officials from expressing their opinion and advocating on behalf of ballot initiative. During this ballot initiative for the community center, city staff and elected officials were schooled by 2

3 the City Attorney about educating and not advocating to the public. All materials distributed by the city were reviewed by the City Attorney to ensure that information provided could not be construed as advocating. When asked by a resident of his thoughts or opinion of the ballot initiative he was not allowed to say what he thought or give his opinion about the issue. Mayor Sissom further commented that city staff did a great job providing educational materials about the vote without advocating for a yes vote. The citizens of Merriam were given the opportunity to vote on this issue and the initiative passed by almost a 2/3 approval rate. Mayor Sissom thanked the Yes on Building Merriam Community committee volunteers for their hard work by putting out signs and engaging folks who had questions. No efforts by this committee received any funding from the city for their time, signs etc. City Administrator Chris Engel commented that the city communication team did an excellent job providing information to the public about the state of the facilities, what the ballot initiative was about, and what a yes vote and a no means to the community. Mr. Engel further commented that to him the 2/3 voter approval of the ballot initiative validates everything the council and the city are doing for the residents. If the residents were not happy with the way things were going in the city, this would not have passed. Councilmember Hupp commented that there is a group of former Merriam residents who have formed the Dolphin Fund. This fund is designed to provide swimming lessons for families who financially qualify for the swimming lessons. Now that the initiative has passed, the new center will have indoor aquatics so swim lessons can occur year-round. The program is also looking to expand to include adults that need swimming lessons. VI. PLANNING COMMISSION 1. Consider acceptance of easements as dedicated on Audi 2 nd Plat located at 6601 E. Frontage Rd. in a PUD-G (Planned Unit Development-General) District (PA17-5). Bryan Dyer Community Development Director Bryan Dyer provided the background for this item. The applicant, Holman Automotive Group represented by The Gravity Company, is requesting approval of Merriam Audi 2 nd Plat. Currently, the subject property consists of two lots, Merriam Audi 1 st Plat, Lot 2 (6505 E. Frontage Road) and Greer Addition, Lot 2 (6601 W. Frontage Road). This proposal is to replat those two lots into one lot, Merriam Audi 2 nd Plat, Lot 1. 3

4 The Planning Commission reviewed and approved the Merriam Audi 1 st Plat (PA ) and Shawnee Mission Audi preliminary development plan (PUD ) on July 5, The Merriam City Council subsequently approved the Merriam Audi 1 st Plat and the Shawnee Mission Audi preliminary development plan on July 24, Currently, the subject property is developed with an office building and a hotel building. The approval of the proposed Merriam Audi 2 nd Plat will create a lot that corresponds with the approved development plan and facilitate the construction of an Audi automobile dealership. Gravity Company will construct the new dealership for the Holman Automotive Group. A condition of approval of the Shawnee Mission Audi preliminary development plan is that the final plats (Audi 1 st plat and Audi 2 nd plat) for the Audi property will be filed with the county prior to the approval of the final development plan. The plat dedicates an approximate 12-foot right-of-way to the city for the eastern portion of E. Frontage Road. The right-of-way dedication replaces an existing right-of-way easement that was dedicated to the city for street maintenance and a pedestrian sidewalk. That easement was previously dedicated to the city via separate instrument. The plat dedicates a five (5) foot utility easement on the south portion of the property. The plat also dedicates a storm water easement for the purposes of directing existing storm water flows across the property from east to west. Following the Planning Commission s approval of the subject plat, the applicant requested that the north/south access easement shown along the subject property s east lot line be removed and replaced by a private access easement that will be filed via separate instrument with the county. That private access easement would terminate if and when the World s Gym property redevelops and the access easement is no longer needed. Staff supports the request because it facilitates an orderly redevelopment of the World s Gym property if it redevelops. Based on this request, following the Planning Commission s approval two additional conditions of approval of been added to this request. 4

5 COUNCILMEMBER MOORE MOVED THAT THE GOVERNING BODY ACCEPT THE DEDICATION OF EASEMENTS AND RIGHT OF WAY SHOWN ON THE MERRIAM AUDI 2 ND PLAT. COUNCILMEMBER FRISBY SECONDED AND THE MOTION WAS UNANIMOUSLY APPROVED. VI. COUNCIL ITEMS A. Finance and Administration 1. Consider approval of an ordinance authorizing the levy of a voterapproved one-quarter percent (0.25%) Citywide retailers sales tax to pay the costs of a new community center and the debt service on general obligation bonds issued to finance the new community center. (recommend waiving the first reading). City Attorney Nicole Proulx Aiken provided the background for this item. The election was conducted by mail ballot held on September 15, Voters approved the proposition with 1,694 votes (67.52%) in favor and 815 votes (32.48%) against. To impose the new sales tax, state law requires the Governing Body pass an ordinance authorizing its levy. If approved by the Governing Body, the city clerk will send a certified copy of this ordinance to the state director of taxation. City staff recommends the Governing Body waive the first reading of this ordinance and approve it at this council meeting so the new sales tax will begin on January 1, If the Governing Body chooses not to waive the first reading and passes the ordinance at the October 9, 2017, council meeting, the new sales tax will begin on April 1, The new sales tax will expire ten years after it begins. The new sales tax will increase the existing sales tax rate from 9.225% to 9.475%. The tax will generate approximately $ million per year in revenue. It is estimated that 82% of sales-tax revenue is paid by nonresidents. In addition to authorizing the levy of a one-quarter percent (0.25%) sales tax, Section 3 of this ordinance, which is also known as a reimbursement resolution, will allow the City to reimburse itself for any funds it expends on the new community center before the City issues general obligation bonds. Any expenditures made for the new community center up to 60 days before the Governing Body passes this ordinance is included. Bond counsel reviewed this section. COUNCILMEMBER HANDS MOVED THAT THE GOVERNING BODY WAIVE THE CUSTOMARY FIRST READING OF AN ORDINANCE 5

6 AUTHORIZING THE LEVY OF A ONE-QUARTER PERCENT (.025%) CITYWIDE RETAILERS SALES TAX TO PAY THE COSTS OF A NEW COMMUNITY CENTER AND THE DEBT SERVICE ON GENERAL OBLIGATION BONDS ISSUED TO FINANCE A NEW CENTER. COUNCILMEMBER PAPE SECONDED AND THE MOTION WAS UNANIMOUSLY APPROVED. COUNCILMEMBER HUPP MOVED THAT THE GOVERNING BODY APPROVE AN ORDINANCE AUTHORIZING THE LEVY OF A ONE- QUARTER PERCENT (.025%) CITYWIDE RETAILERS SALES TAX TO PAY THE COSTS OF A NEW COMMUNITY CENTER AND THE DEBT SERVICE ON GENERAL OBLIGATION BONDS ISSUED TO FINANCE A NEW CENTER. COUNCILMEMBER HANDS SECONDED AND THE MOTION WAS UNANIMOUSLY APPROVED. B. Community Development/Public Works/CIP 1. Update on Residential Exterior Grant Program. Community Development Director Bryan Dyer provided an overview of the program to begin January 1, Merriam Residential Exterior Improvement Grant Program Goal Spur revitalization of and private reinvestment in Merriam s housing stock Program Provide a 20% reimbursement for exterior improvements Total annual program amount - $30,000 Eligibility Non-apartment residential properties Minimum $4,000 investment by property owner Reimbursement amount minimum $800; maximum $2,500 Eligible improvements include, but are not limited to, painting, siding, door/window replacement, masonry and foundation repair, awnings, building additions, landscaping (must be on the same property/lot as the residence), and new construction of a residence Ineligible items include, but are not limited to, playsets, play equipment, and swimming pools Eligibility of improvements not listed are to be determined by the Community Development Director All improvements must conform to Merriam Codes Property owner must be current on all property taxes in Merriam 6

7 Program property must be code complaint with the exception of the violation to be addressed by this grant program All other properties owned in Merriam must be code complaint Property owner must provide proof of adequate property insurance Process Community Development manages the program Program application will be excepted starting January 1, 2018 Property owner submits application to Community Development $25 application fee Work bids must be submitted prior to application approval The program will only reimburse the labor costs of the labor provided by a third-party contractor Application approval must occur prior to start of work Property owner is responsible for obtaining all required permits. All permits must be in place prior to any work taking place Work must begin within 120 days of application approval All permits must be paid for at the time of application approval Work must be completed by November 1 st One grant per property with same owner, per 10 years Only one property per owner, per year may participate in the program Before reimbursement Property owner provides at least $4,000 in receipts Staff performs a post project inspection to verify project completion No exterior code violations are present 2. Community Development Update. Community Development Director Bryan Dyer provided the following Community Development updates: The Neighborhood Services Manager attended a neighborhood meeting at 48 th and Antioch last Saturday. It was a positive meeting and he was able to provide code enforcement information as well as some information about the upcoming exterior grant program. Code Enforcement officers have been out putting up door hangers about trash receptacles and doing regular patrols. The Planning Commission approved a site development plan for Stone Solutions on Merriam Dr. The owner purchased the Downey Foundation building on Benson which is directly behind Stone Solutions. It is the 7

8 intention of the owner to install a storage building and possibly rent it out to a contractor. Staff is working on opening up the on-line portal portion of the Citizen serve software. The portal will allow folks to apply for and renew licenses for businesses and pets. VII. STAFF ITEMS City Administrator Chris Engel commented that the Spring Limb Pickup for 2018 will occur the week of March 19 th. This program was very well received last year as it was a pilot program. This does not replace the Large Item Pickup; it is in addition to that program. The wayside horns are to begin operation in a week, according to the railroad. All components are in and functioning so they have given us the date they will begin using the wayside horns. Hopefully, it will occur next week but we will have to wait and see. VIII. NEW BUSINESS X. EXECUTIVE SESSION XI. ADJOURNMENT THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE COUNCIL, COUNCILMEMBER HANDS MOVED TO ADJOURN AT 8:00 PM COUNCILMEMBER FRISBY SECONDED AND THE MOTION WAS UNANIMOUSLY APPROVED. APPROVED: October 9, 2017 Respectfully submitted, Juliana Pinnick Juliana Pinnick City Clerk 8

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