City Council AAAGGGEEENNNDDDAAA Monday, September 12, 2016 7:30 PM A. ROLL CALL B. PLEDGE OF ALLEGIANCE & MOMENT OF SILENCE C. CONSENT AGENDA 1. APPROVE MINUTES FROM THE CITY COUNCIL MEETING OF AUGUST 22, 2016. 2. APPROVE MINUTES FROM THE COUNCIL COMMITTEE MEETING OF AUGUST 16, 2016. 3. REVIEW MINUTES FROM THE PLANNING COMMISSION MEETING OF AUGUST 15, 2016. 4. REVIEW MINUTES FROM THE PARKS AND RECREATION ADVISORY BOARD MEETING OF AUGUST 4, 2016. 5. CONSIDER EXTENSION OF SUP-04-15-06, A SPECIAL USE PERMIT REVIEW FOR NALLIA SCHOOL OF DANCE TO OPERATE A DANCE STUDIO IN THE COMMERCIAL NEIGHBORHOOD ZONING DISTRICT LOCATED AT 15331 W. 67TH STREET. At their August 15, 2016 meeting, the Planning Commission voted 7-0 to recommend that the Governing Body approve extension of the special use permit subject to the conditions listed in the staff report. A memo and staff report are included. Consider approving the extension of SUP-04-15-06. PAGES 1 - 4 6. CONSIDER EXTENSION OF SUP-07-15-07, A SPECIAL USE PERMIT PREVIOUSLY ISSUED TO BURLINGTON NORTHERN SANTA FE RAILROAD FOR A 160-FOOT LATTICE TELECOMMUNICATIONS TOWER GENERALLY LOCATED IN THE VICINITY OF THE 7200 BLOCK OF MARTINDALE ROAD. Page 2 City Council 09/12/2016 At their August 15, 2016 meeting, the Planning Commission voted 7-0 to recommend that the Governing Body approve extension of the special use permit subject to the conditions listed in the staff report. A memo and staff report are included. Consider approving the extension of SUP-07-15-07. PAGES 5 - 10 7. CONSIDER EXTENSION OF SUP-03-11-08, A SPECIAL USE PERMIT PREVIOUSLY ISSUED TO CAROL KIEFFABER TO OPERATE A DAYCARE WITH UP TO TEN CHILDREN AS A HOME OCCUPATION IN THE PLANNED SINGLE FAMILY ZONING DISTRICT LOCATED AT 22021 W 51ST STREET. At their August 15, 2016 meeting, the Planning Commission voted 7-0 to recommend that the Governing Body approve extension of the special use permit subject to the conditions listed in the staff report. A memo and staff report are included. Consider approving the extension of SUP-03-11-08. PAGES 11 - 18 8. CONSIDER WITHDRAWAL OF SUP-08-15-08, A SPECIAL USE PERMIT PREVIOUSLY ISSUED TO REGGIE JONES TO ALLOW OPERATION OF AN AUTO BROKERAGE WITH ZERO INVENTORY IN THE COMMERCIAL HIGHWAY ZONING DISTRICT LOCATED AT 12694 SHAWNEE MISSION PARKWAY. At their August 15, 2016 meeting, the Planning Commission voted 7-0 to recommend that the Governing Body accept the withdrawal of the special use permit. The business is no longer in operation. A memo and staff report are included. Consider accepting the withdrawal of SUP-04-15-06. PAGES 19 - 22 9. CONSIDER ACCEPTANCE OF DEDICATION OF LAND FOR PUBLIC PURPOSES CONTAINED IN FP-15-16-09, A FINAL PLAT OF STAG'S CREEK, A THREE-LOT COMMERCIAL DEVELOPMENT, LOCATED AT 10816 SHAWNEE MISSION PARKWAY. At their September 7, 2016 meeting, the Planning Commission recommended 10-0 that the Governing Body accept the dedications of land, or an interest therein, for public purposes contained in FP-15-16-09. A memo and staff report are included. Consider acceptance of dedications of land, or an interest therein, for public purposes contained in FP-15-16-09. PAGES 23 - 38 D. MAYOR'S ITEMS Page 3 City Council 09/12/2016 1. THE MAYOR MAY PRESENT ITEMS FOR CONSIDERATION. E. APPOINTMENTS 1. CONSIDER APPOINTMENTS TO THE PARKS AND RECREATION ADVISORY BOARD. DISCUSSION: Mayor Distler is recommending the appointment of Brian Bolen as the At-Large representative and Councilmember Kenig is recommending the appointment of Kevin Makalous as the Ward IV representative. A memo and resumes are included. PAGES 39 - 42 ACTION: a) Consider appointing Brian Bolen to the Parks and Recreation Advisory Board with a term expiring December 31, 2017. b) Consider appointing Kevin Makalous to the Parks and Recreation Advisory Board with a term expiring December 31, 2017. COMMENTS: ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ F. BUSINESS FROM THE FLOOR a) _________________________________________________________________ _________________________________________________________________ b) _________________________________________________________________ _________________________________________________________________ G. PUBLIC ITEMS 1. CONSIDER A CEREAL MALT BEVERAGE LICENSE FOR THE OTHER PLACE LOCATED AT 22730 MIDLAND DRIVE. DISCUSSION: The Other Place has submitted an application for the sale of cereal malt beverages for consumption on the premises at 22730 Midland Drive. A Page 4 City Council 09/12/2016 memo is included. PAGES 43 - 44 ACTION: Consider approving license the through December 31, 2016. COMMENTS: ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ 2. CONSIDER A SHAWNEE ENTREPRENEURIAL AND ECONOMIC DEVELOPMENT (SEED) AGREEMENT WITH SS&C SOLUTIONS, INC. DISCUSSION: Policy Statement, PS-65, Economic Development Fund, established the SEED Program. SS&C Solutions, Inc., a certified public accounting firm is considering leasing office space at 7225 Renner Road and has formally requested consideration for the Forgivable Loan Program. A memo and draft agreement are included. PAGES 45 - 56 ACTION: Consider approving and authorizing the Mayor to sign the Shawnee Entrepreneurial and Economic Development Agreement with SS&C Solutions, Inc. in the amount of $38,710. COMMENTS: ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ H. ITEMS FROM THE COUNCIL COMMITTEE MEETING OF AUGUST 16, 2016 CHAIRED BY COUNCILMEMBER MEYER 1. CONSIDER THE NIEMAN ROAD RIGHT-OF-WAY REALLOCATION PLAN REPORT, P.N. 3411. DISCUSSION: The Council Committee recommended 8-0 to forward to the Governing Body for acceptance the Nieman Road Right-of-Way Reallocation Plan report; 5-3 to not proceed with temporary striping plan for three lanes; and 8-0 to direct staff to proceed with the preparation of a final scope of work for construction of a three lane roadway section with a side path on the east side of Nieman. Page 5 City Council 09/12/2016 A memo and supporting documents are included. PAGES 57 - 74 ACTION: a) Consider accepting the Nieman Road Right-of-Way Reallocation Plan Report; b) Consider not proceeding with temporary restriping of Nieman Road; and c) Consider directing staff to proceed with preparation of a final scope of work for construction of a three lane roadway section, with a side path on the east side of Nieman. COMMENTS: ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ 2. CONSIDER THE SHAWNEE TOWN 1929 STRATEGIC PLAN 2015-2025. DISCUSSION: The Council Committee recommended 8-0 to forward to the Governing Body for approval the Shawnee Town 1929 Strategic Plan 2015-2025. A memo and supporting documents are included. PAGES 75 - 96 ACTION: Consider approving the Shawnee Town 1929 Strategic Plan. COMMENTS: ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ I. STAFF ITEMS 1. CONSIDER AN ORDINANCE AND A RESOLUTION APPROVING PUBLIC IMPROVEMENTS TO INCLUDE STORMWATER DRAINAGE IMPROVEMENTS, STREET IMPROVEMENTS AND A NEW FIRE STATION. DISCUSSION: The City has planned to design and construct several stormwater drainage improvements, street improvements, and to design, construct and equip a new fire station. An Ordinance and Resolution are required in order to issue Page 6 City Council 09/12/2016 general obligation bonds in the future. A memo, draft Ordinance and Resolution are included. PAGES 97 - 104 ACTION: a) Pass an Ordinance authorizing and approving certain public improvements. If approved, an Ordinance Number will be assigned. b) Adopt a Resolution authorizing and approving certain public improvements. If approved, a Resolution Number will be assigned. COMMENTS: ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ 2. CONSIDER A REAL ESTATE AGREEMENT WITH SHAWNEE PROPERTIES, LLC FOR THE PURCHASE OF THE TWO LOTS ASSOCIATED WITH 6115 NIEMAN ROAD RELATED TO NIEMAN ROAD CORRIDOR SOUTH STORM DRAINAGE IMPROVEMENTS, P.N. 3400, SMP TC-021-072. DISCUSSION: The Nieman Road Corridor Middle Storm Drainage Improvements project is on the 2016 Capital Improvement Plan. The project as budgeted includes the buy-out of two lots associated with 6115 Nieman Road for a cost of $334,700. A memo and copy of the contract is included. PAGES 105 - 118 ACTION: Consider approving the Real Estate Agreement with Shawnee Properties, LLC for the purchase of the two lots associated with 6115 Nieman Road in the amount of $334,700 and authorize the Mayor to sign the agreement on behalf of the City. COMMENTS: ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ 3. CONSIDER A REAL ESTATE AGREEMENT WITH NIEMAN PROPERTY, LLC FOR THE PURCHASE OF PROPERTY LOCATED AT 6009 ROGER ROAD RELATED TO NIEMAN ROAD CORRIDOR MIDDLE STORM DRAINAGE IMPROVEMENTS,