Planning Commission

AGENDA Planning Commission Meeting 6:30 PM - Thursday, May 16, 2024 Council Room Page 1. CALL MEETING TO ORDER 2. ROLL CALL 3. CONSIDERATION OF MINUTES 3.1. Adoption of Minutes 3 - 15 Recommended Motion: Approve the regular meeting minutes of April 18, 2024, as presented. April 18, 2024 Meeting Minutes 4. PUBLIC FORUM 5. NEW BUSINESS 5.1. Election of Officers 17 Recommended Motion: Conduct an election for Chairperson and Vice- Chairperson of the Planning Commission. Agenda Item Report - AIR-24-109 - Pdf 5.2. Review of Kansas Open Meetings Act and Kansas Open Records Act 19 Agenda Item Report - AIR-24-110 - Pdf 6. ANNOUNCEMENTS 7. ADJOURNMENT May 16, 2024 Planning Commisison Agenda Packet Page 1 of 19 May 16, 2024 Planning Commisison Agenda Packet Page 2 of 19  April 18, 2024 Planning Commission Meeting Minutes MINUTES Planning Commission Meeting 6:30 PM - Thursday, April 18, 2024 Council Room The Planning Commission of the City of Derby was called to order on Thursday, April 18, 2024, at 6:30 PM, in the Council Room, with the following members present: PRESENT: Jessica Rhein Mitch Adams Gary Renberger Dana Quigley Dale Wells Jamie Werbin Weston Heflin ABSENT: Chris Voth Michael Emond Bruce Heseltine 1 CALL MEETING TO ORDER 2 ROLL CALL 3 CONSIDERATION OF MINUTES 3.1 Adoption of Minutes Gary Renberger moved, seconded by Jamie Werbin, to approve the regular meeting minutes of April 4, 2024, as presented. RESULT: Carried MOVER: Gary Renberger SECONDER: Jamie Werbin AYES: Jessica Rhein, Mitch Adams, Gary Renberger, Dana Quigley, Dale Wells, Jamie Werbin, and Weston Heflin ABSENT: Chris Voth, Michael Emond, and Bruce Heseltine 4 PUBLIC FORUM Mitch Adams, 5201 S. Tuscony St., addressed the Commission and provided a statement that is attached to these minutes for reference. 5 NEW BUSINESS 5.1 Site Plan Review: Morgan's Steakhouse Page 1 of 11 May 16, 2024 Planning Commisison Agenda Packet Page 3 of 19  April 18, 2024 Planning Commission Meeting Minutes BACKGROUND: General Location:  South of Freedom St. and west of Rock Rd. (Location Map attached). Applicant/Agent:  Applicant: John Arnold, AIM Holdings, LLC  Agent: Paul McDonald, Baughman Company Reason for Request:  Facilitate development of a restaurant. Background Information:  The property is zoned B-3 "General Business District," which permits the proposed restaurant.  The proposed restaurant is Morgan's Steakhouse, which is proposed to be located in a single-story, 6,584 square foot building with an occupancy of 216 customers.  Site plan review is required for all new commercial developments. POLICY IMPLICATIONS: 1. Legal Description: The legal description is Parcel 1A, Lot 1, Block A, Derby Destination Development 2nd Addition, which is described by meets and bounds on the attached site plans. 2. Building Setbacks and Bulk Regulations: The B-3 district and the Derby Destination Development 2nd Addition require the following building setbacks and bulk regulations: o Minimum Building Setbacks:  Front Yard (East): 40 ft. platted setback along Rock Rd.  Front Yard (West): 35 ft. platted setback along Destination Dr.  Front Yard (South): 35 ft. setback required by lot split along Unnamed Dr.  Rear Yard (North): 0 ft. but a 15 ft.-wide sanitary sewer easement effectively requires a 15 ft. setback along the north property line.  Proposed: There are no unpermitted encroachments into the required setbacks. o Maximum Structure Height: 65 Ft.  Proposed: The proposed height of the building is 21 ft. 8.5 in., which is permitted. o Maximum Lot Coverage: 70%  Proposed:6,584 sq. ft. building / 73,772.8 sq. ft. lot area = 8.92% lot coverage, which is permitted. 3. Easements: The following are the easements of record that encumber the property: o East Property Line:  6.5 ft. wide sidewalk easement.  10 ft. wide Jayhawk Pipeline Easement (Film/Pg. 28577660).  15 ft. wide Rural Water District #3 waterline easement (Misc. Bk. 46 Pg. 1109). Page 2 of 11 May 16, 2024 Planning Commisison Agenda Packet Page 4 of 19  April 18, 2024 Planning Commission Meeting Minutes  25 ft. wide gas line easement (Misc. Bk. 646 Pg. 453).  5 ft. wide utility easement (Film-Pg. 28863978).  40 ft. wide utility easement. o West Property Line:  15 ft. wide utility easement.  26 ft. wide access easement. o North Property Line:  15 ft. wide sanitary sewer easement. o South Property Line:  10 ft. wide utility easement.  20 ft. wide utility easement. o There are no non-permitted encroachments identified on the plans. 4. Streets and Access: The site is adjacent to Rock Rd. and private access drives on the west and south. o Platted complete access control along Rock Rd. prohibits direct access to the site from Rock Rd. o Access is proposed via the private access drive along the west property line (Destination Dr.). o Two approaches are proposed from the Destination Dr., which is permitted. 5. Parking: Minimum parking standards are calculated based on the proposed uses of a site. Restaurants are required to provide one parking space per three occupants. The proposed restaurant will have seating for 216 occupants, equating to 72 parking stalls being required. The site plans indicate that 92 parking stalls are proposed, which exceeds requirements. o Parking Design: Parking stalls are required to have a minimum width of 8.5 ft. and depth of 19 ft. The site plans indicated that stalls will be 9 ft. wide and 19 ft. deep, meeting the requirement.  Parking stall dimensions are required to be measured from the faces of curbs. A note is provided on the plans that references this requirement. o Bicycle Parking: Article 501 requires parking for bicycles equal to 5% of the number of off-street vehicular parking spaces provided onsite when 25 or more parking stalls are required. A bicycle rack is proposed near the building entrance that provides five bicycle parking spaces, meeting the requirement. o Off-Street Loading: Article 503 requires off-street loading/unloading for commercial uses with floor areas of 5,000 sq. ft. or more. One off-street loading area is required per 25,000 sq. ft. of floor area. Each area is required to include a minimum 12 ft. by 25 ft. area for loading and unloading operations, a minimum height clearance of 14 ft., and must be marked/signed as loading/unloading only. Off- street parking areas shall not be used for off-street loading areas. An off-street loading area is provided at the northwest corner of the building, which the plans indicate will be marked with "No Parking - Loading Zone" signage. o Staff Recommendation:  Sheet C5.0 shall be revised to provide details of the "No Parking - Loading Zone" signage. 6. Circulation Aisles: Two-way circulation is proposed around the entire building, requiring aisles to be a minimum of 24 ft. wide. The onsite Page 3 of 11 May 16, 2024 Planning Commisison Agenda Packet Page 5 of 19  April 18, 2024 Planning Commission Meeting Minutes circulation aisles are 26 ft. wide, meeting the requirement. 7. ADA: ADA Standards for Accessible Design require accessible parking spaces based upon the total number of spaces provided. When 76 to 100 parking spaces are provided, four accessible parking spaces are required. Four accessible parking stalls are proposed, meeting the requirement. o A minimum of one of the ADA stalls must also be van accessible. Van accessible stalls are required to have a minimum width of 11 ft. with a 5 ft. wide accessible aisle. All of the ADA stalls are proposed to be van accessible, which exceeds requirements. o Only one of the access aisles provides an ADA accessible ramp to the sidewalk. Users of the other two access aisles would be required use the vehicular circulation aisle to access the sidewalk, which is not recommended by staff. o Staff Recommendation: i. The plans shall be revised to provide an ADA accessible ramp for each access aisle to ADA parking stalls. Alternatively, the curb could be removed in front of the ADA parking stalls with parking blocks or other barrier provided to prevent cars from encroaching on the sidewalk. If the alternative is selected, Sheet C5.0 shall be revised to provide details of the parking block or other vehicular barrier. 8. Pedestrian Access: All new developments are required to provide pedestrian connections from the building to adjacent sidewalks. Pedestrian connections are required to be ADA accessible. o Pedestrian connections are provided from the building to the public and private streets east, west, and south of the site, meeting requirements. o An ADA ramp is provided for the pedestrian connection to the west; however, the plans do not show ADA ramps for the pedestrian connections to the south and east. o The 5-ft.-wide striped pedestrian connections are provided adjacent to parking stalls; however, there are no bollards or other barrier to prevent vehicles from encroaching on the pedestrian path. o Staff Recommendation: i. The plans shall be revised to provide ADA ramps where necessary to ensure that the three pedestrian connections provide an ADA accessible route from the sidewalk on the abutting streets to the building. ii. The plans shall be revised to provide bollards or other barrier to prevent vehicles from encroaching upon the pedestrian path where it abuts parking stalls other than ADA stalls. Sheet C5.0 shall be revised to provide details of the bollards or other barrier. 9. Signage: o Ground/Monument Sign: Ground-mounted signage on the subject property is regulated by the Derby Destination Development master sign plan. The master sign permits the subject property to have one 6 ft.-tall, 48 sq. ft. monument sign along Rock Rd. The monument sign must meet the design requirements illustrated in the attachment "Sign Type 6.1". The applicant indicates that the permitted ground sign is not proposed at this time. o Wall Signage: Wall signs in the B-3 district are restricted to 30% of Page 4 of 11 May 16, 2024 Planning Commisison Agenda Packet Page 6 of 19  April 18, 2024 Planning Commission Meeting Minutes the wall area upon which they are installed or a maximum of 1,200 sq. ft., whichever is less. No individual sign may exceed 400 sq. ft. Three wall signs are proposed, one each on the east, west, and north elevations. The site plans do not provide dimensions for the building walls or signage, but calculating signage size using a scale indicates that a 54 sq. ft. wall sign is proposed for both the east and west elevations and a 24 sq. ft. wall sign is proposed for the north elevation, meeting requirements. o Directional/Informational Signage: Directional signs cannot exceed 6 sq. ft. in size. Directional signs are not proposed. o Staff Recommendations: i. Sheet A2.1 shall be revised to add the following note: "All signage requires separate permitting." ii. Sheet A2.1 shall be revised to add a calculation table for the proposed wall signage indicating the size of the wall elevation on which the signage is proposed to be installed and the size of the proposed wall signage. 10. Site Lighting: The photometric plan identifies pole-mounted lights as the method of site illumination. o A note on the face of the photometric plan indicates that the light poles will 22 ft. tall on a 2.5 ft. base; however, Note 2 on the plans indicates that the light poles will be 25 ft. tall on a 3 ft. base. Additionally, the label "MH=28" for each light fixture appears to stand for "maximum height equals 28 feet".  The Design Criteria of the Zoning Regulations limit light poles to a total height of 25 feet. o The regulations restrict light from encroaching offsite. Light intensity should be at or near zero foot candles at the property lines. The proposed light intensity at the property line averages 6 foot candles with a maximum of 15.4 foot candles, which does not meet requirements. o Staff Recommendation:  The photometric plan shall be revised to provide pole- mounted lights at a height not to exceed 25 feet.  The photometric plan shall be revised restrict light from encroaching offsite. The average light intensity at the property line shall be at or near zero foot candles. 11. Landscaping/Screening and Buffering: Article 304 of the Zoning Regulations requires landscaped street yards and other screening. The regulations specify that lots with a depth between 251 and 400 ft. are required to provide a minimum 15 ft. wide landscaped street yard. The required street yard shall be located between the lot's public and/or private street right-of-way lines and any building. Sheet L1.0 provides the proposed landscape plan and details. o Landscaped Street Yards: Within the landscaped street yard, one shade tree is required for every 500 sq. ft. of the required yard. Ornamental trees or shrubs may be used to meet the shade tree requirement at a rate of two ornamental trees per one shade tree or 10 shrubs per one shade tree. Furthermore, shrubs may be substituted for up to one-third of the required shade trees. The minimum number of shade trees required for the landscaped street yards is based upon the following calculations: Page 5 of 11 May 16, 2024 Planning Commisison Agenda Packet Page 7 of 19  April 18, 2024 Planning Commission Meeting Minutes  Rock Rd.: 287 ft. street frontage x 15 ft. = 4,305 sq. ft. / 500 = nine shade trees required. Nine shade trees are proposed, satisfying the requirement.  Destination Dr.: 292.2 ft. street frontage x 15 ft. = 4,383 sq. ft. / 500 = nine shade trees required. Nine shade trees are proposed, satisfying the requirement.  South Private Drive: 250.3 ft. street frontage x 15 ft. = 3,755 sq. ft. / 500 = eight shade trees required. Eight shade trees are proposed, satisfying the requirement. o Parking Lot Screening/Landscaping: Article 304.K requires solid visual screening to screen parking areas along street frontages. Shrubs that reach a minimum height of 3 ft. within the third year after planting may be used to satisfy this requirement.  Rock Rd..: A continuous row of shrubs is proposed along Rock Rd. providing the required screening.  Destination Drive: A row of shrubs is proposed along Destination Dr. to provide the required screening; however, the row of shrubs stops short of the northern access drive and does not provide the required screening for the row of parking located immediately north of the building.  Interior Landscaping: Parking lots with 50 or more parking spaces are required to provide one shade tree or two ornamental trees for each 25 vehicular parking spaces. Four shade trees are required within the parking lot interior. Trees within the landscaped street yards cannot be counted towards the requirement. Four shade trees are provided within landscape islands in the parking lot, meeting the requirement. o Waste Receptacle and Ground-Level Equipment Screening: Article 304.I requires screening to conceal from ground level and street level view all roof-mounted and ground-mounted mechanical equipment, loading docks, waste receptacles, and similar uses.  Waste Receptacle: The waste receptacles are proposed located behind building walls and accessed through a steel- framed gate with wood pickets. The Design Criteria of the Zoning Regulations discourage the use wood fencing as a screening material and encourage screening by materials consistent with the building materials.  Ground-Level Mechanical Equipment:  A transformer is proposed south of the north circulation aisle. Shrubs are proposed to provide the required screening. o Evergy has specific clearance requirements between transformers and obstacles. Screening must meet the requirements of Evergy's Electric Service Standards.  Additional ground-mounted mechanical equipment is identified on the plans at the southwest and southeast corners of the property. Shrubs are proposed to provide the required screening. o Landscape Buffer: Since the water tower property north of the site has residential zoning, a landscape buffer consisting of one shade Page 6 of 11 May 16, 2024 Planning Commisison Agenda Packet Page 8 of 19  April 18, 2024 Planning Commission Meeting Minutes tree or equivalent per 40 linear feet of property boundary is required. The landscape plan indicates that eight shade trees are provided along the north property line, satisfying the landscape buffer requirement. o Miscellaneous Landscaping Notes:  A permanent water supply is required to provide for the perpetual maintenance of landscape materials. The landscape plan indicates that an automatic irrigation system is proposed and that an irrigation well will be drilled on-site.  The applicant is advised that non-paved areas within street right-of-ways are required to be planted with grass and maintained by the property owner. o Staff Recommendations: i. The landscape plan shall be revised to change "Independence Ave." to "Private Drive" in the street yard calculation table. ii. The landscape plan shall be revised to continue the row of shrubs along Destination Dr. to the northern access drive in order to provide screening for the row of parking located immediately north of the building. iii. Sheet A2.1 shall be revised to replace the wood pickets on the gate to the trash receptacle with steel or composite pickets of a color that coordinates with the exterior building materials. iv. All ground-mounted mechanical units and equipment are required to be screened from ground and street-level views. If additional ground-mounted mechanical units are later proposed or noted during site inspection, screening shall be required and may delay issuance of a Certificate of Occupancy. 12. Drainage: Sheet C4.1 shows the drainage plan. New on-site private storm water lines and inlets will be constructed that connect to existing storm water lines and inlets. The existing storm water lines will carry drainage from the site to an existing detention basin located west of the hospital. The City Engineer has reviewed and approved the drainage plan. 13. Utilities: Sheet C4.0 provides the utility plan for the site. o Fire Protection: Fire protection is proposed to be provided from existing fire hydrants. Derby Fire & Rescue has reviewed and approved the site plans. o Water: A 1 in. water service connection is proposed to connect to an 8 in. main within Destination Dr. o Sanitary Sewer: A 4 in. sanitary sewer service connection is proposed to be extended from the 6 in. sanitary sewer stub from a manhole located along Rock Rd. A grease trap will be installed on the sanitary sewer service connection. o Others: The applicant is responsible for coordinating with private companies to ensure that all utilities are installed underground. As a courtesy, the City sends site plans to private utility agencies for reviews and comments to prevent future conflicts and issues that may arise. The following are responses received from private utility agencies with regard to the subject project:  Evergy: Evergy has reviewed the plans and has indicated Page 7 of 11 May 16, 2024 Planning Commisison Agenda Packet Page 9 of 19  April 18, 2024 Planning Commission Meeting Minutes that Whitney Rusk will be the contact for this project. Evergy also provided the general comment that any relocation or removal of existing facilities made necessary by site improvements will be at the applicant's expense.  Cox Communication: Cox Communication has indicated there are no conflicts with lines or equipment.  Kansas Gas Service: Kansas Gas Service has indicated there are no conflicts with lines or equipment.  Southern Star Central Gas Pipeline: Southern Star has indicated that their pipeline is clear of the proposed project; however, landscaping cannot exceed 3 ft. in height within the pipeline easement. 14. Design Standards: Sheets A2.1 and A2.2 provide the building elevations and materials of the building. o Rooftop Screening: Rooftop mechanical units and equipment are required to be screened from ground-level and street-level view. No rooftop mechanical units or equipment are proposed. o Exterior Materials: The Design Criteria identifies brick, architectural concrete, glass, stucco, synthetic stucco, stone, and decorative block as acceptable exterior finishes. The design criteria also permit the use of wood and metal materials if appropriately integrated into the overall building design.  The primary exterior materials are synthetic stucco, brick, and stone, which meets requirements.  The predominant colors are white, grey, and green, which is compatible with surrounding development. o Building Design and Theme: The design criteria require that the building's overall design theme be expressed on all exterior elevations. The criteria also require architectural interest and style by varying horizontal and vertical elements of exterior walls in height and projection.  Each elevation contains a mixture of materials that express the overall design theme of the project, with varying horizontal and vertical elements. o Staff Recommendation: i. Approve the design and materials of the building. 15. No Smoking: City Ordinance 2399 prohibits smoking in public places and places of employment. "No Smoking" signs are required to establish a 20- foot smoke free zone at all entrances to the facility. Sheet C1.0 indicates no smoking signs will be posted at all entrances to the facility. 16. Corrected Site Plans: Following Planning Commission approval, the applicant will need to revise the site plan documents to incorporate all corrections or comments and submit three revised hard copies and a digital copy to the City. Changes on the site plan sheets shall be clouded, and a list of all changes provided, noting which comment each is addressing. Final site plans shall be sealed by design professionals licensed by the Kansas State Board of Technical Professions. The applicant is advised that building plans will not be reviewed until revised site plans are approved. RECOMMENDED MOTION Page 8 of 11 May 16, 2024 Planning Commisison Agenda Packet Page 10 of 19  April 18, 2024 Planning Commission Meeting Minutes  Approve the site plans Morgan's Steakhouse subject to staff comments and Planning Commission discussion. Scott Knebel, City Planner, presented the staff report. Commissioner Renberger asked if the project is part of the STAR (Sales Tax and Revenue) Bond district. Knebel answered it is part of the STAR Bond district and a project component of the STAR Bond development agreement. Renberger asked what the benefit is to the business owner being in the STAR Bond district. Knebel answered that he is uncertain of the specific benefit(s) for this specific project but generally, the STAR Bond program is a State approved program that allows a city to create a district in which a base year of sales tax is set. Whatever increase in sales tax after the base year is captured and moved to a development fund that funds development in the district. The primary benefits for the overall developer who enters into sub-agreements with component developers include eligibility for funding for landscaping, land acquisition, and infrastructure improvements. Commissioner Heflin asked if the colorized three dimensional renderings are indicative of the actual proposed colors of the building. Knebel answered he believes it is. Heflin asked where the green building accents are proposed. Knebel answered in the roofing materials. Commissioner Rhein asked if there were any conflicts with the gas line easement along the east property line/Rock Rd. and any concessions made, such as landscaping. Knebel answered that the designers were able to make it work. The original landscape plan did propose trees within the Southern Star Central Gas Pipeline easement but have since been relocated outside of the easement. Shrubs are proposed within the easement but are in accordance with Southern Star's restrictions. Dale Wells moved, seconded by Weston Heflin, to approve the site plans Morgan's Steakhouse subject to staff comments and Planning Commission discussion. RESULT: Carried MOVER: Dale Wells SECONDER: Weston Heflin AYES: Jessica Rhein, Mitch Adams, Gary Renberger, Dana Quigley, Dale Wells, Jamie Werbin, and Weston Heflin ABSENT: Chris Voth, Michael Emond, and Bruce Heseltine Paul McDonald, Baughman Company and agent for the applicant, addressed the Commission. In regards to the south pedestrian access, he has revised the plan to relocate the connection further west to be adjacent to the peninsula curb so as to not be confused as a parking stall. In regards to landscaping, 38 trees are required which seems excessive for a 1.7 acre. They have several concerns with the required amount of trees: visibility of the site to the public and safety Page 9 of 11 May 16, 2024 Planning Commisison Agenda Packet Page 11 of 19  April 18, 2024 Planning Commission Meeting Minutes concerns with trees blocking site lighting. He is asking to reduce the number of required trees. Adams asked since the Commission has already approved the site plans without considering the request made by the applicant's agent, what is the proper procedure. Knebel answered that typically if the applicant is proposing something that differs from the cod requirements, they are supposed to portray this on the plans. The plans provided meet the landscaping code requirements. As such, staff noted that the plans meet the landscaping requirements. He is somewhat perplexed why the applicant is asking for a reduction in required landscaping now when the original landscape plan met the code requirements. Heflin asked if one shade tree can be substituted with four shrubs. Knebel answered that 10 shrubs or two ornamental trees can substitute one shade tree, up to 1/3 of the total required shade trees. Heflin asked if substitutes could be used to stay in compliance with the minimum shade requirement without having to eliminate landscaping. Knebel answered that is correct and an option. If the applicant desires to submit a revised landscape plan with the appropriate substitutes, staff will review and consider it. Adams asked if that review could be performed administratively by staff. Knebel answered that is correct. There are several opportunities to substitute shade trees with shrubs and ornamental trees on this site. Street trees can be substituted with shrubs, particularly between the east elevation and the east property line and also along the north property line by substituting a third of the shade trees with the appropriate amount of shrubs. Adams motioned to authorize City staff to coordinate with the applicant to review and approve adjustments to the landscape plan. Heflin seconded. Vote 7-0 to approve. Mitch Adams moved, seconded by Weston Heflin, to direct the applicant to coordinate with City Planning to address revisions to the landscape plan RESULT: Carried MOVER: Mitch Adams SECONDER: Weston Heflin AYES: Jessica Rhein, Mitch Adams, Gary Renberger, Dana Quigley, Dale Wells, Jamie Werbin, and Weston Heflin ABSENT: Chris Voth, Michael Emond, and Bruce Heseltine 6 ANNOUNCEMENTS Commissioner Adams asked for announcements from the Commission. Commissioner Renberger stated that the Commission reviewed the site plans for The Waffle Bus last year and there was a discussion regarding the design and materials of the north facade, with a concern of the original proposed design being a plain, black metal facade. He believes the Commission agreed to require additional design accents added to the north wall to add detail and visual interest. The building is currently being constructed and it does not appear that these details are being added. Will they be added? Adams stated he believes there is going to be a faux window or something Page 10 of 11 May 16, 2024 Planning Commisison Agenda Packet Page 12 of 19  April 18, 2024 Planning Commission Meeting Minutes similar to add visual interest. Scott Knebel, City Planner, answered that treatments are being added to the north elevation, along with additional landscaping that was not required by the minimum landscaping requirements. Renberger stated at this point in the construction, the details are absent and have not yet been installed. It is essentially a solid wall. Commissioner Rhein if the details were added to the site and building plans. Knebel confirmed they were added to the plans. They just have not yet been added to the north facade yet. Everett Haynes, Assistant City Planner, showed the Commission the approved building elevation plans which provide the additional design details on the north facade. Adams announced that the next scheduled meeting is May 2 and asked if any agendas had been submitted. Scott Knebel, City Planner, answered there are no agenda items for the May 2. The next meeting will be May 16. Adams asked if any commissioners anticipate being absent from the May 16 meeting. No commissioners indicated they would be absent. 7 ADJOURNMENT Gary Renberger moved, seconded by Jessica Rhein, to adjourn at 7:00 p.m. RESULT: Carried MOVER: Gary Renberger SECONDER: Jessica Rhein AYES: Jessica Rhein, Mitch Adams, Gary Renberger, Dana Quigley, Dale Wells, Jamie Werbin, and Weston Heflin ABSENT: Chris Voth, Michael Emond, and Bruce Heseltine Everett Haynes, Recording Secretary Mitch Adams, Chair Page 11 of 11 May 16, 2024 Planning Commisison Agenda Packet Page 13 of 19  April 18, 2024 Planning Commission Meeting Minutes May 16, 2024 Planning Commisison Agenda Packet Page 14 of 19  April 18, 2024 Planning Commission Meeting Minutes May 16, 2024 Planning Commisison Agenda Packet Page 15 of 19 May 16, 2024 Planning Commisison Agenda Packet Page 16 of 19 New Business Item Subject: Election of Officers Meeting: Planning Commission: May 16, 2024 Presented by: Scott Knebel, City Planner BACKGROUND:  The Planning Commission by-laws require the election of a Chairperson and Vice-Chairperson at the first regular meeting in May of each Year.  The Chairperson and Vice-Chairperson must be members of the Planning Commission.  The by-laws designate the City Planner as ex officio Secretary; therefore, an election for Secretary is not required.  Per the Board of Zoning Appeals By-Laws, the Chairperson and Vice-Chairperson of the Planning Commission also serve as the Chairperson and Vice-Chairperson of the Board of Zoning Appeals. POLICY IMPLICATIONS:  The process for election of the Chairperson and Vice-Chairperson should be as follows: o The floor is opened for nominations. Nominations (with seconds) are received. The floor is closed, and nominees are then voted on publicly. o A majority vote of the commissioners present and voting is required to elect the officers. o Officers take office at the next regular meeting. RECOMMENDED MOTION:  Conduct an election for Chairperson and Vice-Chairperson of the Planning Commission. May 16, 2024 Planning Commisison Agenda Packet Page 17 of 19 May 16, 2024 Planning Commisison Agenda Packet Page 18 of 19 Presentation Subject: Review of Kansas Open Meetings Act and Kansas Open Records Act Meeting: Planning Commission: May 16, 2024 Presented by: Jaci Kelly, City Attorney BACKGROUND:  Transparency in government promotes public trust.  Kansas laws governing open meetings and open records are designed to promote transparency in government by making decisions and records accessible to the public. The KOMA statutes state that "a representative government is dependent upon an informed electorate." o The general rules found in KOMA & KORA are not absolute; practical exceptions are incorporated into the laws.  Review and training on the laws builds familiarity with the legal requirements and terminology found in KOMA & KORA. Compliance with these laws is necessary to avoid legal challenges to official actions.  Attention to open government practices is a responsibility shared by elected officials, appointed officials, and staff.  The City Attorney will review the basics of KOMA & KORA, as well as discussing recent guidance and enforcement decisions concerning the laws. May 16, 2024 Planning Commisison Agenda Packet Page 19 of 19