Special City Council

Special City Council Agenda City Hall, 9001 W. 62nd Street March 31, 2025 - 7:00 PM If you require any accommodation (i.e. qualified interpreter, large print, reader, hearing assistance) in order to attend this meeting, please notify the Administrative Office at 913-322-5500 no later than 24 hours prior to the beginning of the meeting. I. CALL TO ORDER - PLEDGE OF ALLEGIANCE 1. March 31 2025 Special Meeting Notice II. ROLL CALL III. PUBLIC HEARING Public Hearing to consider adding an area to the Redevelopment District, adding a redevelopment project area and amending the District Plan. IV. COUNCIL ITEMS 1. Consider approval of an ordinance making certain findings and adopt the amended District Plan for the I-35 Redevelopment District.(waive first reading) Item Information Form - Amended I-35 District plan for north side of SMP - Pdf V. ADJOURNMENT Respectfully submitted, Juliana Pinnick City Clerk  Item Information Form Subject/Agenda Item: Consider approval of an ordinance making certain findings and adopt the amended District Plan for the I-35 Redevelopment District. Submitted By: Chris Engel, City Administrator Meeting Date: March 31, 2025 Project Background/Description: In August 1994, the City of Merriam established a Redevelopment District, now known as the I- 35 Redevelopment District, and adopted a district plan identifying proposed redevelopment project areas within the Redevelopment District. The district plan generally identified the improvements to occur within each project area. Those improvements generally consist of building, facilities, and other development. The district plan has been amended multiple times since its adoption. The most recent amendment occurred in 2022 in relation to the Merriam Grand Station redevelopment. On February 24, 2025, the City Council approved a resolution setting March 31, 2025, as the date for the public hearing to consider the findings related to adopting an amended District Plan. The notice of the public hearing was properly advertised in the city’s official newspaper and mailed to all property owners and tenants within the I-35 Redevelopment District. The amended District Plan adds the area bounded by Slater Street, W. 62nd Terrace, Antioch Road, and Shawnee Mission Parkway (the “Additional Area”), which includes the library properties that were recently purchased by the City. The amended District Plan creates Redevelopment Project Area O and generally describes the proposed improvements for the Project Area. Project Area O is bounded by IKEA Way, W. 62nd Terrace, Antioch Road, and Shawnee Mission Parkway. The Additional Area meets KS State Statute 12-1770a(d) definition of a Conservation Area which permits the Additional Area to be added to the Redevelopment District. Staff finds that the Additional Area has the following factors that meet the definition of a Conservation Area:  The Additional Area is less than 15 percent of the City’s land area  50% or more of the structures within the Additional Area are 35 years or older  The following conditions exist within the Additional Area: o Dilapidation, obsolescence or deterioration of the structures. o The presence of structures below minimum code standards. o Excessive vacancies. o Inadequate utilities and infrastructure. The amended District Plan is Exhibit C of the attached ordinance. City Council Goals and Objectives: 4.0 Maintain Economic Vitality 4.2 Expand the commercial tax base. Recommended Motion: City Council waive the customary first reading, approve the attached ordinance that makes certain findings and adopts the amended District Plan for the I-35 Redevelopment District, and authorize the Mayor to sign the effectuating ordinance. Supporting Documents: Ordinance adopting amending I35 District Plan I-35 Expansion - 250331  ORDINANCE NO. _______ AN ORDINANCE MAKING CERTAIN FINDINGS, AUTHORIZING THE ADDITION OF AREA TO THE I-35 REDEVELOPMENT DISTRICT IN THE CITY OF MERRIAM, KANSAS, AND AUTHORIZING AN AMENDMENT TO THE DISTRICT PLAN FOR SUCH REDEVELOPMENT DISTRICT. WHEREAS, pursuant to K.S.A. 12-1770 et seq., as amended (the "Act"), cities are authorized to assist in the development and redevelopment of certain eligible areas located within cities by issuing special obligation tax increment bonds for financing of redevelopment projects or by providing for reimbursement of eligible costs of redevelopment projects in accordance with the Act, provided the cities comply with the procedures set forth in the Act; and WHEREAS, the City of Merriam, Kansas (the "City"), previously established a redevelopment district commonly referred to as the “I-35 Redevelopment District” (the “District”) and has adopted a district plan identifying proposed redevelopment project areas and, in a general manner, buildings, facilities and improvements in each proposed redevelopment project area (the “District Plan”), all pursuant to the Act and Ordinance No. 1222 of the City, as amended by Ordinance Nos. 1412, 1464, 1536, 1686, 1787, 1823, 1833 and 1839 of the City; and WHEREAS, the Governing Body of the City has determined it is in the best interest of the City to amend the District Plan to further promote, stimulate and develop the general and economic welfare of the City; and WHEREAS, the Governing Body of the City hereby finds and determines it desirable to modify the boundaries of the District by adding an area to the District as set forth on Exhibit A (the “Additional Area”); and WHEREAS, the Governing Body of the City hereby finds that the Additional Area is a “conservation area” as defined by the Act; and WHEREAS, the amended District Plan creates a new redevelopment project area, Project Area O, which includes all of the Additional Area; and WHEREAS, the Act authorizes the City to add area to the District and make substantial changes to the District Plan subject to the same procedures for public notice and hearing as is required for the establishment of a redevelopment district; and WHEREAS, the Governing Body of the City has held a public hearing on the proposed Additional Area to be added to the District and the proposed amendment to the District Plan after providing notice of such hearing as required by the Act and as set forth in Resolution No. 959 of the City adopted on February 24, 2025; Page 1 of 13 March 31, 2025 4926-0604-3176.1  THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF MERRIAM, KANSAS, AS FOLLOWS: SECTION 1. In accordance with the Act, the Governing Body of the City makes the following findings: (a) The amended District proposed to be developed, including the Additional Area, is an “eligible area” as defined by the Act. (b) The Additional Area is less than 15 percent of the land area within the City’s corporate limits. (c) That 50 percent or more of the structures within the Additional Area have an age of 35 years or more. (d) The following conditions exist within the Additional Area: a. Dilapidation, obsolescence or deterioration of the structures. b. The presence of structures below minimum code standards. c. Excessive vacancies. d. Inadequate utilities and infrastructure. (e) The Additional Area is a “conservation area” as defined by the Act. (f) The conservation, development or redevelopment of the amended District, including the Additional Area, is necessary to promote the general and economic welfare of the City. (g) The amended District Plan for the amended District, which identifies all of the proposed redevelopment project areas, including the new Project Area O, and, in a general manner, all of the buildings and facilities that are proposed to be constructed or improved in each redevelopment project area, is attached to this Ordinance as Exhibit C. (h) The description of the amended District, including the Additional Area, is set forth on Exhibit B to this Ordinance and such description does not include any area not designated in the notice of public hearing on the proposed amended District Plan. SECTION 2. Pursuant to the Act, the District is hereby amended to include the Additional Area in accordance with Exhibit B, and the District Plan is hereby amended in accordance with Exhibit C. The City’s Finance Director, the City Clerk, the City’s Bond Counsel, the City’s Financial Advisor and other authorized representatives of the City are authorized to cooperate with the developer or developers of property within the District to prepare redevelopment project plans to be submitted to the Planning Commission pursuant to the Act. Page 2 of 13 March 31, 2025 4926-0604-3176.1  SECTION 3. This Ordinance shall be in full force and effect from and after its passage by the Governing Body of the City and publication once in the official City newspaper. Passed by the City Council of the City of Merriam, Kansas, and approved by the Mayor on this March 31, 2025. CITY OF MERRIAM, KANSAS (SEAL) ____________________________________ Bob Pape, Mayor ATTEST: _________________________________ Juliana Pinnick, City Clerk APPROVED AS TO FORM: _________________________________ Tyler Ellsworth, City’s Bond Counsel APPROVED AS TO FORM: _________________________________ Ryan Denk, City Attorney Page 3 of 13 March 31, 2025 4926-0604-3176.1  EXHIBIT A ADDITIONAL AREA TO THE REDEVELOPMENT DISTRICT Beginning at the intersection of the centerlines of W. 62nd Terrace and Slater Street; thence, east along the centerline of W. 62nd Terrace to the point of intersection with the centerline of Antioch Road; thence, south along the centerline of Antioch Road to the point of intersection with the centerline of Shawnee Mission Parkway; thence, west along the centerline of Shawnee Mission Parkway to the point of intersection with the centerline of Slater Street; thence north along the centerline of Slater Street to the point of beginning. Page 4 of 13 March 31, 2025 4926-0604-3176.1  EXHIBIT B BOUNDARIES OF REDEVELOPMENT DISTRICT INCLUDING ADDITIONAL AREA Beginning at the intersection of Interstate Highway 35 and 75th Street; thence west along 75th Street to a point 250 feet west of the west right-of-way line of the Burlington Northern Railroad; thence north 800 feet; thence east 100 feet; thence north 540 feet; thence east approximately 690 feet to the centerline of the Burlington Northern Right-of-Way; thence north along the centerline of the Burlington Northern right-of-way to the centerline of 67th Street; thence west along 67th Street to the west property line of Lot 5, Cunningham Gardens Subdivision; thence north along the west property line of Lot 5 to the south property line of West Vernon Place Unit No. 2 Subdivision; thence east along said south property line to the east property line of said West Vernon Place Unit No. 2 Subdivision; thence north to the north property line of said subdivision; thence east 100 feet along the boundary between the existing R-1 and I-1 zoning districts; thence north 750 feet along said zoning district boundary; thence easterly 230 feet along said zoning district boundary; thence northerly 200 feet along said zoning district boundary; thence easterly 253 feet along said zoning district boundary; thence northerly 50 feet along said zoning district boundary; thence easterly to the centerline of the Burlington Northern right-of-way; thence northerly along said railroad right-of-way to Shawnee Mission Parkway; thence east along said parkway to Interstate Highway 35; thence north along said highway to a point west of 62nd Terrace projected; thence easterly along 62nd Terrace to Slater Road; thence south along Slater Road to Shawnee Mission Parkway; thence west along said parkway to the intersection of the East Frontage Road; thence southwesterly along said frontage road to a point north of the west line of the Pinegate Subdivision projected; thence south along said line to a point east of 65th Street projected; thence west along said line and 65th Street to Interstate Highway 35; thence south along said highway to the point of beginning on 75th Street; and Part of the Southeast ¼ of Section 12, Township 12 South, Range 24 East in the City of Merriam, Johnson County, Kansas, more particularly described as follows: BEGINNING at the point of intersection of the Centerline of Slater Street and the Centerline of Johnson Drive, said centerline of Johnson Drive also being the North line of the Southeast 1/4, of said Section 12; thence North 90° West along the centerline of Johnson Drive and the North line of said Page 5 of 13 March 31, 2025 4926-0604-3176.1 Southeast ¼, 918.48 feet to the point of intersection of said North Line of the Northeast ¼ and the Northerly prolongation of the Westerly right of way line of Grandview Avenue, said point of the intersection also being a point on the Easterly right of way line of Interstate Highway No. I- 35; thence Southerly along the Easterly right of way lone of Interstate Highway No. I-35 to the point of intersection of said Easterly right of way line of Interstate Highway No, I-35 and the Westerly prolongation of the Centerline of 62nd Street Terrace; thence South 89° 49’ 24” East along said centerline of 62nd Street Terrace, 1129.62’ to the point of the intersection of said centerline of said 62nd Street Terrace and the centerline of Slater Street; thence North 00° 37’19”East, along the centerline of Slater Street, 2206.37 feet to the point of beginning on Slater Street; and, Beginning at the point where the west lot line of the Drury Subdivision No. 1 extended to the north intersects with the existing I-35 Redevelopment District in the City of Merriam, Johnson County, Kansas, thence northeasterly along the boundary of the I-35 Redevelopment District to the intersection of the centerlines of Eby Avenue and Shawnee Mission Parkway, thence east along the centerline of Shawnee Mission Parkway to a point where it intersects the centerline of Antioch Road, thence south along the centerline of Antioch Road to a point where it intersects with the north lot line of Lot 1, Pinegate subdivision extended, thence west along said lot line to a point where it intersects with the west lot line of Lot 1 Pinegate subdivision, thence south along said lot line to a point where the lot line extended intersects with the centerline of W. 64th Terrace, thence west along the centerline to a point where it intersects the centerline of Eby Avenue, thence north along the centerline of Eby Avenue to a point where the centerline intersects with the north lot line of Drury Subdivision No. 1 extended, thence west along said lot line to the point of beginning; and, Beginning at the intersection of the centerlines of W. 62nd Terrace and Slater Street; thence, east along the centerline of W. 62nd Terrace to the point of intersection with the centerline of Antioch Road; thence, south along the centerline of Antioch Road to the point of intersection with the centerline of Shawnee Mission Parkway; thence, west along the centerline of Shawnee Mission Parkway to the point of intersection with the centerline of Slater Street; thence north along the centerline of Slater Street to the point of beginning, containing 4.6 acres, more or less Page 6 of 13 March 31, 2025 4926-0604-3176.1 AND ALSO, EXCEPT Lots 8 and 9, Grand Station Redevelopment, a subdivision in the City of Merriam, Johnson County Kansas. Page 7 of 13 March 31, 2025 4926-0604-3176.1  EXHIBIT C AMENDED REDEVELOPMENT DISTRICT PLAN Background In 1988 the City of Merriam, Kansas (the “City”), in cooperation with the State of Kansas and pursuant to K.S.A. 12-17,107 through 12-17,113, established an enterprise zone (the “Enterprise Zone”) located generally west of Interstate Highway 35 and south of Shawnee Mission Parkway. Portions of the Enterprise Zone were located east of I-35, immediately north and south of Shawnee Mission Parkway. K.S.A. 12-1770 et seq. (the “Act”), permits cities to establish redevelopment districts and undertake redevelopment projects in areas which were established as enterprise zones prior to July 1, 1992. Pursuant to the Act and Ordinance No. 1222 of the City, as amended by Ordinance Nos. 1412, 1464, 1536, 1686, 1787, 1823, 1833, and 1839, the City has previously established a redevelopment district commonly known as the “I-35 Redevelopment District” (the “District”) and has adopted a redevelopment district plan identifying proposed redevelopment project areas and, in a general manner, buildings, facilities and improvements in each proposed redevelopment project area (the “Original District Plan”). This District Plan amends and restates the Original District Plan. District Boundary The boundary, including proposed additional area, for the District is shown on Figure 1. Redevelopment Project Areas Proposed Redevelopment Project Areas are illustrated on Figure 2. In general, the buildings, facilities and improvements constructed or improved or proposed to be constructed or improved in each redevelopment project area identified on Figure 2 are set forth below. Detailed plans for the development of each potential project area will be developed in conjunction with a public or private sector owner or developer. Area A: This area abuts I-35 and Shawnee Mission Parkway (U.S. Highway 56). It should be developed for a highway oriented commercial use. The area should be developed as a single site for a single commercial use, to eliminate access limitations and to minimize disruption to the traffic carrying capacity of Shawnee Mission Parkway. Access to the area should be oriented to Eby or 62nd Terrace; not directly to Shawnee Mission Parkway. The site is appropriate for one or more commercial buildings associated with an automobile dealership, or one or more buildings containing food service, transient lodging, or general retail uses. Area B: This area abuts East Frontage Road with excellent visibility from I-35. This area should be developed for a highway oriented commercial use. The site is constrained by stormwater drainage passing through the center of the site. The site is appropriate for one or more small commercial buildings associated with an automobile dealership, food service, transient lodging, general retail, or general office use. Page 8 of 13 March 31, 2025 4926-0604-3176.1 Area C: This area abuts West Frontage Road with excellent visibility from I-35. This area should be developed for a commercial or assembly use which requires outstanding regional accessibility and visibility. Due to the size of the tract, it is best suited to a single large development which requires a site in excess of 5 acres, and which can take advantage of the existing land assemblage. The site is best suited to one or more large commercial, warehouse, or light manufacturing buildings of regional importance. Area D: This area is comprised of two sub-areas, as it is divided by the railroad tracks. The area has excellent visibility from I-35. The area is best suited for a highway oriented commercial, warehousing, or light manufacturing development west of the railroad tracks. The sub-area east of the railroad tracks is similar in character to Area C discussed above. However, due to this area's close proximity to Shawnee Mission Medical Center across I-35 to the east, it is also suitable for a large medical laboratory, medical office, or general office use. The site is most suitable for one or more structures as a single development in highway oriented commercial, or office use. Area E: This area abuts W. 67th Street near I-35. The area has excellent regional accessibility, but lacks direct visibility from I-35. It is best suited for a single large building for warehouse or light manufacturing use, or one or more buildings for general commercial use which is a destination business as opposed to a business which requires direct visibility to high volumes of motorists. Area F: This area abuts West Frontage Road, along I-35, immediately south of 67th Street. The site characteristics are similar to those set forth for Area C above. The area is suitable for a broad range of potential future uses including one or more large buildings for commercial, warehouse, light manufacturing, and corporate office use. The area is also considered suitable for a multi-structure general commercial development, should the current use of the area become obsolete. Area G: This area abuts I-35 and has excellent visibility from the highway. It lacks independent access but may be combined with the abutting automobile dealership facility or other adjacent property. It is suitable for combination with abutting property to extend the abutting use in a manner which does not require direct access to the public street system. The site is appropriate for expansion of the auto dealership facility or the expansion of the parking area for the abutting financial services business. Area H: This area is located in a commercial / industrial area adjacent to the BNSF Railway railroad tracks. It is suitable for a range of commercial and industrial uses typically found in light industrial areas, including light manufacturing, automotive service and construction industry uses. Area I: This area is between 62nd Terrace and 62nd Street on Grandview, west of the present Municipal City Hall and Fire Station, to I-35. This area should be developed into commercial uses with the greatest potential being automotive sales and/or services. Access to this area should be from 62nd Terrace and with adequate parking this area should support between 25,000 and 35,000 of retail or automotive services space. Page 9 of 13 March 31, 2025 4926-0604-3176.1 Area J: This area is bounded to the west by the I-35 right-of-way. The southern boundary is nd W. 62 St extended, excluding the City Police Station property. The east boundary is Eby Street. The boundary heads north on Eby Street to a point where W. 60th Street extended intersects with Eby Street. From that point, the boundary heads west, back to the I-35 right-of- way. This area has excellent visibility from I-35 and is suitable for retail uses. This area should be developed as a large retail facility with supporting parking, infrastructure and related improvements. Area K: This area is bounded to the north by Johnson Drive, excluding the property at the immediate southwest corner of the intersection of Johnson Drive and Slater Street. From the southeast corner of said property, the boundary heads south along Slater Street to a point approximately 230 feet south of the intersection of Slater Street and W. 60th Terrace. From that point, the boundary heads west to Eby Street. The boundary then heads north on Eby Street to a point where W. 60th Street extended intersects with Eby Street. From that point, the boundary heads west, back to the I-35 right-of-way. This area should contain commercial, retail, office and/or multifamily residential facilities with supporting parking, infrastructure and related improvements. Area L: This area is generally bounded to the west by IKEA Way. Starting at the intersection of IKEA Way and W. 62nd Street, the boundary heads approximately 320 feet north along IKEA Way. From there the boundary heads east approximately 220 feet, then south approximately 270 feet, then east to Slater Street. The boundary then travels approximately 170 feet south along Slater Street. The boundary then heads west approximately 300 feet, then south approximately 100 feet; then west to IKEA Way. The boundary then heads north along IKEA Way to the point of beginning. This area should contain structured parking, infrastructure and related improvements related to the public buildings to be located in Vavra Park. Area M: This area is generally bounded by Eby Avenue to the west, Shawnee Mission Parkway to the north, Antioch Road to the east, and W. 64th Terrace to the south, excluding Lot 1, Pinegate subdivision and the existing development in the northeast portion of the area. This area should contain commercial, retail, multifamily residential and/or office facilities with supporting parking, structured parking, infrastructure and related improvements. Area N: The boundary for this area begins at the intersection of Slater Street and Shawnee Mission Parkway and then travels west approximately 140 feet. The boundary then heads north approximately 330 feet, then east approximately 140 to the centerline of Slater Street, and then south along Slater Street to the point of beginning. This area should contain commercial, retail, and/or office facilities with supporting parking, structured parking, infrastructure and related improvements. Area O: This area is generally bounded by the centerlines of IKEA Way to the west, W. 62nd Terrace to the north, Antioch Road to the east, and Shawnee Mission Parkway to the south and the adjacent right-of-way; except that portion that is in Area N, which is described as Merriam Chipotle First Plat, Lot 1. This is one of the most visible and highly traveled area in Merriam. The adjacent Areas M and N have already experienced significant redevelopment. This area should contain commercial, retail, multifamily residential and/or office facilities with supporting parking, structured parking, infrastructure and related improvements. Page 10 of 13 March 31, 2025 4926-0604-3176.1 Page 11 of 13 March 31, 2025 4926-0604-3176.1  Figure 1 I-35 Redevelopment District TIF District Map Page 12 of 13 March 31, 2025 4926-0604-3176.1  Figure 2 Existing Project Areas and Proposed Project Area O Page 13 of 13 March 31, 2025 4926-0604-3176.1 I-35 District Expansion City Council March 31, 2025 I-35 Redevelopment District with new area to be added I-35 District Expansion I-35 Redevelopment District Project Areas • New Project Plan Area O I-35 District Expansion Conservation area - KS Statutes 12-1770a(d) • Two initial requirements • New area is less than 15% of the City’s area • 50% of structures are older than 35 years I-35 District Expansion New area is less than 15% of the City’s area • New area is ~5 acres • City area is 2,765 acres • New area = 0.18% of City area I-35 District Expansion 50% of structures >35 yrs old Total building square footage – 42,193 Building square footage 35 year or older – 41,393 Percentage 35 years or older – 98% I-35 District Expansion Conservation area also meets 2 of 7 factors: 1. Dilapidation, obsolescence, or deterioration of structures 2. The presence of structures below minimum code standards 3. Excessive vacancies 4. Inadequate utilities and infrastructure I-35 District Expansion Dilapidation, obsolescence, or deterioration of structures – 8700 Shawnee Mission Parkway I-35 District Expansion Dilapidation, obsolescence, or deterioration of structures – 8700 Shawnee Mission Parkway I-35 District Expansion Dilapidation, obsolescence, or deterioration of structures – 6235 Slater Street I-35 District Expansion Dilapidation, obsolescence, or deterioration of structures – 6235 Slater Street I-35 District Expansion Presence of structures below minimum code standards City Building Official inspected 8700 and 6235 and found the following code deficiencies: • Buildings do not meet ADA requirements • Non-complainant ramp, steps, railings • Improper exterior and interior electrical wiring/connections • Unprotected wall penetrations • Hole in the floor I-35 District Expansion Excessive vacancies • Two of the four buildings in the area are vacant • 91% of the total building square footage is vacant I-35 District Expansion Inadequate utilities and infrastructure Utility undergrounding underway to: • Provide reliable power and other utilities • Improve corridor appearance • Increase corridor safety I-35 District Expansion Conservation area - KS Statutes 12-1770a(d)  New area is less than 15% of the City’s area  50% of structures are older than 35 years  Dilapidation, obsolescence, or deterioration  Presence of structures below minimum code standards  Excessive vacancies  Inadequate utilities and infrastructure I-35 District Expansion  Questions? I-35 District Expansion Next Steps • Conduct Public Hearing • Waive First Reading (majority of City Council) • Consider approval of Ordinance (2/3 of Governing Body) I-35 District Expansion