PAGE 17 CITY COUNCIL MINUTES OCTOBER 13, 2003

CITY OF SHAWNEE

CITY COUNCIL MEETING

MINUTES

OCTOBER 13, 2003

7:30 P.M.

Mayor Allen called the meeting to order at 7:31 p.m. in the Shawnee City Hall Council Chambers. He welcomed the public and all stood and recited the Pledge of Allegiance, followed by a moment of silence.

Councilmembers Present / Staff Present
Councilmember Pflumm / City Manager Montague
Councilmember Sawyer / Assistant City Manager Gonzales
Councilmember Goode / City Attorney Ellis Rainey
Councilmember Meyers / Finance Director Meyer
Councilmember McGuff / Public Works Director Freyermuth
Councilmember Thomas / Parks and Recreation Director Holman
Councilmember Newby / Planning Director Chaffee
Councilmember Segale / Police Chief Clark
Fire Chief Hudson
Community Services Officer Campbell

Members of the public who spoke: Item 7 - BERNIE OLIVIER, 4502 CHOUTEAU; and Business from the floor - CHARLOTTE HARGIS, 6925 Ballentine.

CONSENT AGENDA

1. APPROVE MINUTES FROM THE CITY COUNCIL MEETING OF SEPTEMBER 22, 2003.

2. REVIEW MINUTES FROM THE PLANNING COMMISSION MEETING OF SEPTEMBER 15, 2003.

3. REVIEW MINUTES FROM THE PARKS AND RECREATION ADVISORY BOARD MEETING OF SEPTEMBER 4, 2003.

4. REVIEW MINUTES FROM THE FINANCE AND ADMINISTRATION COMMITTEE MEETING OF OCTOBER 7, 2003.

5. CONSIDER CHANGE ORDER NO. 5 FOR THE WEST SWIMMING POOL RENOVATIONS, P.N. 3276.

The contract was awarded to Varnum Construction Co., Inc. on August 16, 2001, in the amount of $3,170,580. This change order reflects a net increase of $24,000. The new contract amount for this project, after previous change orders, is $3,396,162.

6. CONSIDER RESOLUTION FOR THE ENLARGEMENT OF CONSOLIDATED MAIN SEWER DISTRICT FOR THE GENERAL VICINITY OF 75TH STREET AND WESTGATE.

Having passed, Resolution 1390 was assigned.

Councilmember Meyers, seconded by Councilmember Pflumm, moved to approve the entire consent agenda. The motion carried 8-0.

MAYOR’S ITEMS

Mayor Allen presented a Proclamation proclaiming October 26, 2003 through November 1, 2003 as Red Ribbon Week.

A student from Shawnee Mission Northwest High School thanked the Mayor for the proclamation. He stated Shawnee Mission Northwest takes pledges from the students to recognize them pledging to be drug free. He stated he and the other representatives present would like to thank the City Council and all the City’s businesses for supporting them, because without the City’s support they would not have been so successful with this endeavor.

Mayor Allen recognized the government students present from Shawnee Mission North and Shawnee Mission Northwest.

PUBLIC ITEMS

7. CONSIDER PET PERMIT APPLICATION FROM BERNIE OLIVIER, 4502 CHOUTEAU.

Mayor Allen stated that Bernie Olivier, 4502 Chouteau, is requesting approval of a pet permit to keep three (3) dogs: one Shepherd Husky Mix; one Retriever Mix; and one Labrador.

Councilmember Segale stated he was curious to know when the City got the letters back indicating there was a lack of support from the property owner at 22306 W. 46th.

Assistant City Manager Gonzales stated the letters and petitions indicated support and the staff received a phone call from the resident at 22306 W. 46th who stated she felt uncomfortable saying “no” to the petition when facing the applicant, but that she really was not in favor of the additional dog.

Councilmember Goode asked if there was only one person who opposed the three dogs.

Assistant City Manager Gonzales stated most of these requests are approved administratively unless there is an assortment of criteria, and this particular instance meets that. She stated there was one neighbor who is opposed and there have been three citations in the past year and three different complaints. She stated Officer Campbell is present this evening and is the officer that has been handling this case. She stated Officer Campbell did indicate support, based on the fact that the applicant told her he planned to build a fence. She stated most of the complaints have been from the dogs running at large.

Councilmember Segale asked if there was a fence on the property at this time.

BERNIE OLIVIER, 4502 CHOUTEAU, stated that currently there is not a fence on the property and the reason for that is that he has been unemployed for the last year or so and is looking for the funds to have the fence built. He stated there will definitely be a fence installed.

Councilmember Segale asked if the dogs are tied up.

BERNIE OLIVIER stated that currently there are three male dogs and when the three of them go out together there is an issue. He stated for the last three months he lets them out one at a time. He stated this seems to be working very well. He stated there is a leash tied to the deck and the dogs get tied up to it.

Councilmember Goode asked Mr. Olivier if when he says he lets the dogs out one at a time, he means out from the house.

BERNIE OLIVIER stated that is correct. He stated he lets the dogs out when they need to go to the bathroom.

Councilmember Segale asked Mr. Olivier if, other than the citations he received for the dogs running at large, any of his neighbors had ever said anything about the dogs.

BERNIE OLIVIER answered the neighbors had not really ever said anything about the dogs. He stated there was a block party and he had taken the petition to them at that time and had it signed, because a lot of the neighbors were together. He stated no one indicated any type of complaints about the dogs. He stated for those few signatures that they had to walk to the homes and get, they still received no complaints. He stated he did not know that the one person opposed to the dogs even had an issue.

Councilmember Segale asked how Mr. Olivier restrained the dogs when they were out.

BERNIE OLIVIER stated the dogs are restrained with a leash and they are tied up when they go out.

Councilmember Segale asked if this permit would come up for renewal at the end of the year if it is approved.

Assistant City Manager Gonzales answered it would come up for renewal in December.

Councilmember Segale stated if there were no complaints, the renewal would be approved administratively. He asked if it would come back before the Council if there were complaints.

Assistant City Manager Gonzales stated that was correct.

Councilmember Segale stated his position on these dog issues is that when there is a problem, if the dog owners are not aware of it and there is a willingness to work it out among the neighbors, he thinks the applicants should get another chance to keep their dogs. He stated Mr. Olivier went out and circulated a petition and the resident that indicated they did have a problem, marked on the petition that they did not have a problem, so there is a contradiction here. He stated Mr. Olivier should be given the chance to prove that he is going to keep these dogs restrained and if there are no running at large complaints, he will be able to get it administratively approved. He stated if there are running at large complaints, this will come back before Council and they will vote to deny it at that time.

Councilmember Segale, seconded by Councilmember Goode, moved to approve the pet permit to keep three (3) dogs: one Shepherd Husky Mix; one Retriever Mix; and one Labrador, to Bernie Olivier, 4502 Chouteau. The motion carried 8-0.

8. CONSIDER THE FOLLOWING ITEMS FROM THE PLANNING COMMISSION MEETING OF SEPTEMBER 15, 2003.

a) Consider review of SUP-8-01-9, a special use permit previously issued to operate the KFC/Taco Bell Restaurant in the CN (Commercial Neighborhood) zoning district at 5650 Hedge Lane Terrace.

Mayor Allen stated the Planning Commission recommended 9-0 that the Council renew SUP-8-01-9.

Councilmember Goode, seconded by Councilmember Sawyer, moved to renew special use permit SUP-8-01-9, to allow the operation of the KFC/Taco Bell Restaurant in the CN (Commercial Neighborhood) zoning district at 5650 Hedge Lane Terrace, subject to the Planning Commission’s recommendations listed in the October 13, 2003 staff report. The motion carried 8-0.

b) Consider review of SUP-6-98-9, a special use permit previously issued to Burdolski Auto Werks to operate an auto body repair shop in the TSQ (Townsquare) zoning district at 11114 West 60th Street.

Mayor Allen stated the Planning Commission recommended 9-0 that the Council renew SUP-6-98-9.

Councilmember Sawyer, seconded by Councilmember Pflumm, moved to renew special use permit SUP-6-98-9, to allow Burdolski Auto Werks to operate an auto body repair shop in the TSQ (Townsquare) zoning district at 11114 West 60th Street, subject to the Planning Commission’s recommendations listed in the October 13, 2003 staff report. The motion carried 8-0.

c) Consider review of SUP-11-02-09, a special use permit previously issued to Margaret Pierce to operate a home daycare for up to ten (10) children, in the R-1 (Single Family Residential) zoning district 22105 West 52nd Street.

Mayor Allen stated the Planning Commission recommended 9-0 that the Council renew SUP-11-02-09.

Councilmember Segale, seconded by Councilmember McGuff, moved to renew special use permit SUP-11-02-09, to allow Margaret Pierce to operate a home daycare for up to ten (10) children, in the R-1 (Single Family Residential) zoning district 22105 West 52nd Street, subject to the Planning Commission’s recommendations listed in the October 13, 2003 staff report. The motion carried 8-0.

d) Consider review of SUP-8-02-08, a special use permit previously issued to Sharon Lane Nursing Home for a skilled nursing facility in the PO (Professional Office) zoning district at 10315 Johnson Drive.

Mayor Allen stated the Planning Commission recommended 9-0 that the Council renew SUP-8-02-08.

Councilmember Segale, seconded by Councilmember Sawyer, moved to renew special use permit SUP-8-02-08, to allow Sharon Lane Nursing Home, a skilled nursing facility, in the PO (Professional Office) zoning district at 10315 Johnson Drive, subject to the Planning Commission’s recommendations listed in the October 13, 2003 staff report. The motion carried 8-0.

e) Consider review of SUP-9-02-08, a special use permit previously issued to Child’s Play Daycare to allow up to ten (10) children, in a home daycare at 6800 Ogg Road.

Mayor Allen stated the Planning Commission recommended 9-0 that the Council renew SUP-9-02-08.

Councilmember Segale, seconded by Councilmember McGuff, moved to renew special use permit SUP-9-02-08, to allow Child’s Play Daycare to allow up to ten (10) children, in a home daycare at 6800 Ogg Road, subject to the Planning Commission’s recommendations listed in the October 13, 2003 staff report. The motion carried 8-0.

f) Consider FP-36-03-09, the final plat for Greens of Chapel Creek, Replat No. 1, for seven (7) lots in the 24300 block of 67th Terrace.

Mayor Allen stated the Planning Commission recommended 9-0 that the Council accept the dedications on FP-36-03-09.

Councilmember Goode, seconded by Councilmember McGuff, moved to accept the dedications on FP-36-03-09, for Greens of Chapel Creek, Replat No. 1, for seven (7) lots in the 24300 block of 67th Terrace, subject to the Planning Commission’s recommendations listed in the October 13, 2003 staff report. The motion carried 8-0.

9. CONSIDER A REQUEST FOR PLACEMENT OF A TEMPORARY SALES OFFICE FOR MADISON HEIGHTS SUBDIVISION LOCATED AT 71ST STREET AND CHOUTEAU.

Mayor Allen stated the sales office is proposed to be placed on Lot 1 of the subdivision. The trailer will be removed upon completion of the first model home in the subdivision.

Councilmember Segale asked if this was the development that did all the work without getting any inspection or permission, or was that another development.

Planning Director Chaffee stated it is that development.

Councilmember McGuff, seconded by Councilmember Meyers, moved to approve the request for a temporary sales office for the Madison Heights subdivision on Lot 1, located at the corner of 71st Street and Chouteau, subject to the Planning Commission’s recommendations listed in the October 13, 2003 staff report. The motion carried 8-0.

10. CONSIDER A REQUEST FOR PLACEMENT OF A TEMPORARY SALES OFFICE FOR THE VILLAS AT PARKSIDE TOWNHOME DEVELOPMENT LOCATED AT 61ST STREET AND MAURER ROAD.

Mayor Allen stated the sales office is proposed to be placed at the southeast corner of 61st Street and Maurer Road. The trailer will be removed upon completion of the first model townhome unit.

Councilmember Segale, seconded by Councilmember Goode, moved to approve the request for a temporary sales office for the Villas at Parkside townhome development to be located on the east side of Maurer Road at 61st Street, subject to the Planning Commission’s recommendations listed in the October 13, 2003 staff report. The motion carried 8-0.

COUNCIL ITEMS

11. CONSIDER THE FOLLOWING ITEMS FROM THE FINANCE AND ADMINISTRATION COMMITTEE MEETING OF OCTOBER 7, 2003.

a) Discussion of Ward Boundary Changes.

Councilmember Newby stated the Committee recommended 3-0-1 that the Council pass an ordinance setting out, amending and defining the Ward boundaries and amending Sections 1.12.020 and 1.12.030 of the Shawnee Municipal Code, moving a portion of Ward 2, Precinct 2 to Ward 1.

Councilmember Goode stated at the time of the Finance and Administrative meeting, he declined to get involved because Councilmember Sawyer was not involved in this, to any great extent, and he did not know what all the ramifications and stipulations were. He stated under those circumstances, he believed Councilmember Sawyer should be involved and after further consideration, as far as this change is concerned, he would like to do the following. He continued that he and Councilmember Sawyer were not involved in these changes at all, as far as where the specific boundaries might be in connection with Ward 1, and they would like more time to discuss this to see if there is any opportunity to rearrange these boundaries in some manner. He stated Councilmember Sawyer agrees with him on this and would like to table this item to a future meeting.