City Council
Regular MeetingPaola, KS · March 27, 2007
Minutes
MINUTES OF THE REGULAR COUNCIL MEETING
OF THE CITY OF PAOLA, KANSAS
5:30 O’CLOCK P.M.
March 27, 2007
HELD AT THE PAOLA PUBLIC WORKS BUILDING
29370 Old KC Road in Paola
The Governing Body of the City of Paola, Kansas, met with Mayor Stuteville presiding.
Councilmembers present: Mayor Stuteville and Council Members Pritchard, Dial,
Rowlett, and Hamilton.
Council Members absent: None.
Also present: Manager VanderHamm, Clerk Droste, Planner Givens, Police
Chief Smail, Project Manager Daniels, Brian McCauley from
the Miami County Republic, and others.
PLEDGE OF ALLEGIANCE: Mayor Stuteville invited everyone in attendance to join in
the Pledge of Allegiance.
Agenda Item 1 - CALL TO ORDER: The regular council meeting was called to order by
Mayor Stuteville.
Agenda Item 2 - ROLL CALL: Mayor Stuteville and Council Members Pritchard, Dial,
and Rowlett were all present.
Agenda Item 3 - PETITIONS, REMONSTRANCES, AND COMMUNICATIONS
No one addressed the Council.
Agenda Item 4 - CONSENT AGENDA
a. Approval of minutes of the meetings of March 13, 2007
b. Approval of Salary Ordinance number 07-05
c. Approval of Appropriation Ordinance No. 601
d. Approval of the renewal of a Retail Liquor License for In Good Spirits at 1001 N Pearl
Mayor Stuteville asked if the plan reviews done by Brad Henson should not be performed by
city staff. Manager VanderHamm reported that the Community Development Department is
working toward Brian Love performing that service.
Councilmember Rowlett made a motion to approve the Consent Agenda and authorize the
Mayor to sign. Councilmember Pritchard seconded the motion and all voted aye.
Paola City Council Minutes – March 27, 2007
Page 1
Agenda Item 5 – REPORTS OF OFFICERS, BOARDS AND COMMITTEES
Agenda Item 5a - Consider options to close a portion of 295th Street between Old KC
Road and Hedge Lane.
Manager VanderHamm reported that originally, the closing of 295th was an issue brought
about by a Miami County KDOT application for an underpass on Hedge Lane. As of
December, 2005, the possible development of Dennis Doherty’s property north of 295th has
caused this issue to resurface. Numerous meetings have been held to tackle the issue to
determine the impact on those living on 295th, as well as those that use 295th on a regular
basis. At each of the public meetings, notification was made to interested and affected
individuals in an effort to look at all the ramifications and options.
Manager VanderHamm stated that the Planning Commission addressed the closure issue at
their November, 2006 meeting and their recommendation is as follows:
“Commissioners Rhodes and Minden made a motion that at which time
the new road is open and access for property owners to the new road is in,
that 295th Street be closed from the Crawford’s property east. Then
another meeting could be held to determine the status of the rest of the
road. Commissioners McLean, Gage, Rhodes, Minden, Wrischnik, Smith
voted in favor. Commissioner Cowman opposed. Motion carried.
Commissioner Cowman explained that he felt the road should be closed at
Rockwood’s entrance because there was a lot of taxpayer money going to
waste, otherwise.”
Additionally, on February 2nd, staff met with Dennis Doherty, Dick Allenbrand, and the
affected property owners to make clear what the issues were and how best to handle them
prior to bringing the issue to the City Council. I asked each owner where they would like to
see the road closed.
1a. The Medlin’s & Pearce’s would prefer to close the road west of the Crawford’s
which allows them to continue going west to Old KC – but not if they have to pay
for part of the upgrades to 295th.
1b. The other preference for them was to close it at the Rockwood entrance requiring
them to go through the new subdivision.
2. The Crawford’s would prefer to close the road west of their place and go through
the new subdivision, providing no out of pocket costs can be negotiated with the
developer in reestablishing an access (driveway), or East of their driveway
providing no upgrade cost to 295th street are passed on.
Paola City Council Minutes – March 27, 2007
Page 2
3. The Paola Country Club would prefer to close the road east of the Crawford’s
providing the Country Club an exit on 295th going west to OKC Road, and a
connection through the east end of the new subdivision as their 2nd exit.
Manager VanderHamm stated that there are several key issues that need to be addressed by
the City Council:
(a) If closure is determined to be necessary, where will 295th be closed?
(b) When to close 295th – in other words, what triggers the closing?
i. Hedge Lane underpass?
ii. Completion of Dennis Doherty’s east/west road from Old KC to Hedge
Lane and other north/south connecting streets?
iii. Development of Country Club’s area as residential?
(c) If a portion of 295th is left open for a few more years (before Dennis has
completed 292nd), what improvements will need to be done to 295th? How
much will that cost? And who will pay for them?
(d) If 295th is eventually closed at least from the Rockwood entrance east, what
improvements should be made from Old KC to the entrance, and who will pay
for them?
(e) If the City requires Dennis Doherty’s 292nd Street to be built as a collector, it
will require a greater right-of-way (80’ versus 60’) and a heavier road, what will
the additional cost be for the city-at-large taxpayer?
(f) How will the drainage issue west of the Medlin’s property be handled?
Manager VanderHamm noted that there will be an expense no matter what the City does, and
he has not asked the city engineers to develop cost estimates on the various alternatives. He
stated that it is obvious that those on 295th and in Rockwood are not wanting to have any
improvements assessed to them, but instead, have the costs paid for by the city-at-large
taxpayer.
Manager VanderHamm indicated that it was his opinion that it is best to close 295th just east
of the Rockwood entrance. This will require the Pearce’s, Medlin’s, Crawford’s and Country
Club to be provided exits through the new subdivision. Closing 295th east of the Rockwood
entrance will allow the City to address the drainage concerns next to the Pearce’s and
Country Club.
Councilmember Rowlett inquired as to the position of the Country Club. He asked if
keeping 295th open to a point east of Crawford was an official position or just the
opinion of those individuals. Mr. Marshall of the Paola Country Club indicated that it
would be the position of the Country Club that 295th should remain open until just
east of Crawford. Councilmember Rowlett reminded Mr. Marshall that the Country
Club could be responsible for up to half of the cost of the improvements to 295th
Street since they border the entire south side of the roadway.
A resident of Rockwood Estates asked who would be responsible for the improvements to
295th from Old KC Road to the entrance of Rockwood. Manager VanderHamm indicated
Paola City Council Minutes – March 27, 2007
Page 3
that the minutes of previous meetings would need to be reviewed but it was his recollection
that it was previously discussed that both the Country Club and the owners in Rockwood
would bear the cost of improvements. There was some discussion regarding school busses
using 295th Street which is causing damage to the roadway.
Mayor Stuteville summarized each issue to be decided and asked for each Councilmember’s
opinion. She asked if the Council agreed that 295th Street should be closed at some point.
Councilmember Pritchard indicated that he felt that 295th should be closed at the entrance to
Rockwood Estates and that the improvements should not be a City at large expense.
Councilmembers Dial, Rowlett, and Hamilton all agreed that it should be closed at some
point.
Mayor Stuteville asked when 295th should be closed. Councilmembers Pritchard, Dial,
Rowlett, and Hamilton all agreed that it should be closed when 292nd Street was installed and
alternate access to the north is provided to the Crawford, Medlin, Pearce, and Country Club
properties.
Mayor Stuteville asked if 295th remains open for a number of years, who pays for the
maintenance of the street. Manager VanderHamm stated that any maintenance would be a
cost to the City at large.
Mayor Stuteville asked at what point 295th Street should be closed.
Councilmember Rowlett asked Mr. Marshall if the Country Club would be receptive to
closing 295th at Rockwood Estates’ entrance if access would be provided through the
Doherty development to 292nd Street. Mr. Marshall said that this would be acceptable.
Councilmember Rowlett asked Crawford, Medlin, and Pearce if access north through the
new subdivision to 292nd was acceptable. They all agreed that it was.
Manager VanderHamm explained the petition process in forming a benefit district to
everyone in attendance. Councilmember Rowlett asked for a review of the minutes to
determine what arrangement was made with the developers for the improvements to 295th to
the entrance to Rockwood Estates.
After discussing the issues, Councilmember Rowlett made a motion to commit to closing
295th Street from Rockwood Avenue east to Hedge Lane at a date in the future to coordinate
with the development of North Ridge Estates. The motion was seconded by Councilmember
Dial and all voted aye.
Agenda Item 5b - Presentation of the revised Comprehensive Plan by Jim Kaup.
Mr. Jim Kaup reminded the Council that the process of the revision of the Comprehensive
Plan started over one year ago. Several public meetings and a community survey were
completed as part of the process in developing the plan. Mr. Kaup gave a summary of the
process along with the purpose and value of having a Comprehensive Plan.
Paola City Council Minutes – March 27, 2007
Page 4
Overall, Mr. Kaup indicated that the comprehensive plan survey indicated that the citizens of
Paola had a very positive view of the community. The survey is referenced throughout the
Comprehensive Plan.
Mr. Kaup presented a summary of the plan document. The first two chapters of the
Comprehensive Plan provide background, history and statistical information about the
community.
Chapter three addresses housing. Kaup indicated that there appears to be demand for more
non-traditional housing and senior housing. Additionally there was concern about the level
of maintenance on rental properties and a desire to promote the rehabilitation of older homes
and for new development that is compatible with the older neighborhoods in town.
Chapter four focuses on Economic Development with some very broad goals and objectives.
He noted that there was an overall desire to see a diversity of both white and blue collar jobs.
Chapter five addresses recreation. Kaup indicated that there was a desire to see more
walking trails, biking trails, more open space, and more recreational programs offered in the
City.
Chapter six focuses on infrastructure. Kaup indicated that the survey strongly suggests that
the city concentrate on more maintenance of city streets and sidewalks.
Chapter seven addresses land use. The land use regulations in the Land Development
Ordinance are essential in meeting the goals in the Comprehensive Plan. The survey
indicated that the city should promote mixed use developments and institute a Historic
Preservation Overlay District.
Mr. Kaup presented the future land use map reminding the Council that it is not a zoning
map. He identified a proposed “Public Use” classification which includes properties owned
by the School District, County, and the City. He also identified areas in the growth area,
such as the interchange at US 169 Highway and K-68 Highway, classified as “Mixed Use”
due to the unknown potential for commercial and industrial uses. He also discussed medium
& low density residential classifications in the Suburban District.
Manager VanderHamm thanked Mr. Kaup and noted that the document includes goals and
action steps to implement the plan.
Councilmember Rowlett made a motion to approve AN ORDINANCE ADOPTING THE
2007 COMPREHENSIVE PLAN AND FUTURE LAND USE MAP FOR THE CITY OF
PAOLA, KANSAS; INCORPORATING SUCH PLAN AND MAP BY REFERENCE
PURSUANT TO K.S.A. 12-741 et seq., K.S.A. 12-3009:3012 AND K.S.A. 12-3301:3302.
The motion was seconded by Councilmember Dial and all voted aye. Clerk Droste assigned
No. 2937 to the Ordinance.
Paola City Council Minutes – March 27, 2007
Page 5
Agenda Item 5c - Consider a request to install removable speed bumps on Redbud
Drive.
Manager VanderHamm reported that at the March 13th Council Meeting, Justin Aude
presented a proposal from the Indian Hills Homeowners Association requesting that two
removable speed bumps be installed on Redbud Drive to slow traffic through the
neighborhood. The homeowners association also offered to pay for the cost of the devices.
Manager VanderHamm reported that Public Works Director Bieker was not in favor of using
speed bumps on any city street. Police Chief Smail stated that with the construction on
Baptiste Drive, there is much more traffic through the neighborhood which contributes to the
problem.
Mayor Stuteville raised concerns that the installation of speed bumps in this neighborhood
would create precedence and other neighborhoods would make similar requests.
The specific characteristics of the neighborhood were discussed and how they contribute to
the problem. These are: no green space between the sidewalks and street curb, narrow lots,
and homes built close to the curb. Project Manager Daniels reported that the street is a
standard width and measures 28 feet from back of curb to back of curb.
Installing stop signs along redbud Drive at the intersections of the future cross streets was
also discussed as an option. Clerk Droste advised the Council that a Resolution would be
required to install either speed bumps or stop signs on Redbud Drive.
After discussing the issue in detail, the Council instructed the City Clerk to draft separate
resolutions to install removable speed bumps on Redbud Drive identifying the uniqueness of
the neighborhood characteristics and to install stop signs along Redbud Drive at the
intersections of the future cross streets. The resolutions would be considered at the next City
Council meeting.
Agenda Item 5d - Consider a recommendation from the Convention and Tourism
Committee for Transient Guest Tax Fund expenditures.
Kathy Luft presented a request on behalf of the Paola Convention and Tourism Committee
for advertising at the AMC Theaters located at 119th Street in Olathe. The ads would run for
15 seconds and be shown 2 to 4 times before every movie for a total of 1,500 times per week.
The total cost would be $5,575 which includes a $375.00 for creative services and $100.00
per week for the ads. Minor modifications to the ad would cost an additional $100.00 per
change.
After discussing the request, Councilmember Rowlett made a motion to approve an
expenditure of $5,575.00 from the Transient Guest Tax Fund for a one year advertising
contract and set-up expenses with CineMedia. The motion was seconded by Councilmember
Dial and all voted aye.
Paola City Council Minutes – March 27, 2007
Page 6
Agenda Item 5e - Consider the renewal of a Conditional Use Permit for a daycare for
29300 W. 303rd Street.
Planner Givens reported that during their March 20th 2007 meeting, the Paola Planning
Commission conducted a public hearing on the application of Angela Frizzell for the renewal
of her Daycare Conditional Use Permit. During the public hearing, no one spoke in
opposition of the renewal. At the conclusion of the public hearing, the Planning Commission
recommended that the renewal be approved.
If this renewal is approved Ms. Frizzell would not have to apply for another three (3) years.
The Planning Commission recommended three special conditions be required of the property
owner. They are;
1. The maximum number of children shall be limited to ten (10) at any one time.
2. The hours of operation shall be 7 a.m. to 6 p.m.
3. The conditional use permit is valid for a period of three years.
After discussing the request, Councilmember Pritchard made a motion to approve AN
ORDINANCE RELATING TO ZONING: AUTHORIZING A CONDITIONAL USE
PERMIT FOR CERTAIN PROPERTY - CONDITIONAL USE PERMIT 07-CUP-02. The
motion was seconded by Councilmember Hamilton and all voted aye. Clerk Droste assigned
No. 2938 to the Ordinance.
Agenda Item 5f - Consider a request to change the zoning classification of Cedar
Heights subdivision from Suburban to Neighborhood Conservation.
Planner Givens reported that during their March 20th 2007 meeting, the Paola Planning
Commission conducted a public hearing on the proposed rezoning of a tract of land adjacent
to the Country Club Heights Addition. During the meeting several Paola residents as well as
Harold Sevy, owner of the property addressed the commission but no on spoke in opposition
to this rezoning. At the conclusion of the public hearing, the Planning Commission
recommended that the tract of land be rezoned from Suburban to Neighborhood
Conservation-R1
Planner Givens stated that when the Land Development Ordinance (LDO) was established
un-platted residential areas were zoned Suburban to accommodate future growth. Some
areas that were not platted especially the area being requested to be rezoned are directly
adjacent to Neighborhood Conservation Districts. Section 21.210 of the LDO provides that a
landowner, the City Council, or Planning Commission may propose Zoning Map
Amendments. Section 21.211 provides standards to evaluate all proposed Zoning Map
Amendments. The following are those standards.
A. The proposed change is consistent with the City’s Comprehensive Plan and the
purposes of this Ordinance. In areas of new development, consistency with the
Comprehensive Plan shall be considered to meet the standards in B., C., and D.
Paola City Council Minutes – March 27, 2007
Page 7
below, unless the proposed amendment would threaten public health, safety, and
welfare if so designated as planned in the Comprehensive Plan.
B The proposed change is consistent with the character of the neighborhood.
C. The extent to which the property is consistent with the zoning and use of nearby
properties.
D. The suitability of the property for the uses to which it has been proposed or restricted.
E. The extent to which the proposed use would substantially harm the value of nearby
property.
F. The length of time a property has remained vacant as zoned, where the zoning is
different from nearby developed properties.
G. The gain, if any, to the public health, safety and welfare due to denial of the proposed
amendment as compared to the hardship imposed upon the landowner, if any, as a
result of denial of the proposed amendment.
H. Recommendations of permanent or professional Staff.
The rezoning request was found to be applicable by the Planning Commission in all of the
above criteria. It is consistent with the Comprehensive Plan, as new development should be
encouraged in areas with existing infrastructure before developing those areas that would
require extensive and long extensions of services. The parcel of land would be rezoned to
the same classification as that land to the west of the property. There would be no harm to
the value of the adjacent landowners’ property. This parcel is more suited to the NC-R1
zoning than Suburban and there is no gain for public benefit if the parcel is not rezoned.
For development purposes, the NC-R1 zone differs from Suburban in the fact that it lessens
the requirements for open space conservation and allows for smaller lots and closer front rear
and side setbacks. Because of the location of this tract, being land locked to the east by the
railroad and based on existing roadways that will be used in the future development the open
space requirement makes the property virtually un-developable. The developer has indicated
before both the planning commission and the conceptual plat that has been presented to staff
that the lot sizes would be consistent with those in the Cedar Heights area and more
Suburban in character than NC-R1. Provisions will be made during the platting and
development plan process to ensure that the land adjacent to this new development is
protected as well.
After discussing the rezoning request, Councilmember Rowlett made a motion to approve
AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF CERTAIN LAND
LOCATED IN THE CITY OF PAOLA, KANSAS, UNDER THE AUTHORITY
GRANTED BY THE LAND DEVELOPMENT ORDINANCE OF THE CITY OF PAOLA,
KANSAS. The motion was seconded by Councilmember Pritchard and all voted aye. Clerk
Droste assigned No. 2939 to the Ordinance.
Agenda Item 5g - Consider an amendment to the Table 13.110 of the Land
Development Ordinance.
Paola City Council Minutes – March 27, 2007
Page 8
Planner Givens presented an ordinance that amends Table 13.110 of the Land Development
ordinance pertaining to landscaping. The ordinance deletes all references to “3’ high shrubs”
and replaces them with “3-gallon shrubs”.
Councilmember Rowlett made a motion to approve AN ORDINANCE AMENDING
TABLE 13.110 “PLANT UNIT ALTERNATIVES” OF THE PAOLA LAND
DEVELOPMENT ORDINANCE. The motion was seconded by Councilmember Pritchard
and all voted aye. Clerk Droste assigned No. 2940 to the Ordinance.
Agenda Item 5h - Consider changes to the Planning and Zoning Fee Schedule.
Planner Givens reported that the Planning and Zoning fees that the city charges are set by the
City Council, these fees have not been reviewed in some time. Staff was asked to review the
fee schedule and in conjunction with the Planning Commission make a recommendation on
appropriate fees. During the February Paola Planning Commission meeting, increases were
discussed and some parameters and guidance from the Planning Commission were given.
One of those parameters was to remain at or below the surrounding cities in the area.
Staff reviewed the current fees schedule versus other communities in the area. The City’s
rates were among the lowest in the area. After review an acceptable rate increase could be
accomplished while remaining lower than or in line with most of the area cities.
During the March 20th 2007 meeting, staff provided the Planning Commission with a
comparison chart that shows the current rates of Paola, proposed increase and how those fees
sit in relationship to other communities. The increases range from $50 to $125 but keep
Paola’s fees lower than many communities in the area. Planner Givens presented a
recommendation to amend the Planning and Zoning Fee Schedule as follows:
Planning & Zoning Fee Current Fee Proposed Fee
Conditional Use Permit $100.00 $200.00
Day Care CUP $50.00 $50.00
Concept Site Plan No Charge No Charge
Preliminary Site Plan $100.00 $200.00
Final Site Plan $100.00 $200.00
Concept Plat No Charge No Charge
Preliminary Plat $150.00 $200.00
Final Plat $150.00 $200.00
Revised Plat or Plan $75.00 $125.00
Variance $100.00 $200.00
Lot Split $50.00 $100.00
Rezoning $150.00 $250.00
Vacate Easement No Charge No Charge
Sign Deviation $50.00 $100.00
Sign Permit $25.00 $25.00
Paola City Council Minutes – March 27, 2007
Page 9
After discussing the survey and the proposed fee schedule, Councilmember Pritchard made a
motion to approve the Planning and Zoning Fee Schedule as presented. The motion was
seconded by Councilmember Dial and all voted aye.
Agenda Item 5i - Consider renewal of the City’s liability insurance through EMC.
Clerk Droste presented a proposal for the renewal of the City’s liability insurance through
EMC Insurance Company with Elliott Insurance Group. A comparison of the renewal
premium for 2007-2008 versus the current premium for 2006-2007 is as follows:
Description Current Premium Renewal Premium Difference
Property $26,957 $35,807 $8,850
General Liability $11,203 $12,977 $1,774
Equipment $4,528 $4,602 $74
Linebacker $9,652 $9,652 $0
Employee Benefits Liability $229 $229 $0
Automobile $17,216 $16,810 -$406
Umbrella $9,015 $7,788 -$1,227
Total Premium $78,800 $87,865 $9,065
Clerk Droste reported that the majority of the increase of the property insurance premium
was due to the recent addition of the new waste water treatment plant which represents as
addition of $3.7 million in insurable improvements.
After discussing the proposal, Councilmember Rowlett made a motion to approve the
renewal of the City’s liability insurance through EMC with an annual premium amount of
$87,865. The motion was seconded by Councilmember Hamilton and all voted aye.
Agenda Item 5j - Consider approval of an Employment Agreement with Ross
VanderHamm.
Mayor Stuteville asked the Council if there was any action that they would like to take
regarding the renewal of the City Manager’s employment contract.
Councilmember Hamilton suggested that Section 12 entitled “Moving and Relocation
Expenses” be deleted as it is no longer applicable.
Councilmember Rowlett made a motion to approve a 2% merit increase to the base salary of
the City Manager effective with the renewal of the contract. The motion was seconded by
Councilmember Hamilton and all voted aye.
Paola City Council Minutes – March 27, 2007
Page 10
Councilmember Rowlett made a motion to approve a contract with Ross VanderHamm as
City Manager with (a) an annual salary of $91,989; (b) for a term of 18 months to expire on
September 1, 2008; (c) with a 6 month performance review; (d) and to delete section 12 from
the contract document. The motion was seconded by Councilmember Hamilton and all voted
aye.
Agenda Item 6 - NEW BUSINESS
Manager VanderHamm reported that he attended a Rotary luncheon last week and listened to
a presentation on the “Employer Support of the Guard and Reserve” program. Though at this
time, the City has only 1 involved in the military, he believes that it is important, as
employers, to provide support for those employees that are in the service.
Manager VanderHamm reported that Public Works Director Bieker and Planner Givens
attended a session sponsored by KDOT on the new “Kansas Safe Routes to Schools”
Program. This is a grant program that is worth looking into as part of our overall sidewalk
initiative.
Chad Myers, Paola Community Center Director, was successful in receiving a total of $6,600
in grant funds from the Roman Foundation ($3,600) and the Dean & Cleta Smith Charitable
Fund ($3,000) as part of the Americana Music Academy programs at the Community Center.
The Kansas Rural Water Association Conference will be held Tuesday-Thursday, March
27th-29th in Wichita. Manager VanderHamm, City Attorney Tetwiler, and several from the
Public Works Department will attend at least part of the conference.
Manager VanderHamm reported that he met with Nick Padley, Youth Pastor for Holy
Trinity, about their efforts with the Presbyterian Church and others regarding a future
skateboard park. The interest is now to develop a plan for Wallace Park available to the
general public. A fund raising program is being planned that would combine the city’s
funding and assistance with private donations.
The Miami County Economic Development Committee met March 21st and continued
discussion of hiring a new County Economic Development Director.
Manager VanderHamm reported that he had been contacted by Judy Sevy, Kansas City
Power and Light Representative, who presented their new regulations and pointed out that
Section II-G of KCP&L’s Residential Subdivision Design now requires distribution systems
to be in the “front of lot” unless a local ordinance requires “rear of lot” construction. We will
be working on an ordinance restricting “front of lot” construction.
Public Works Director Bieker has arranged to have a Curb-Cat brought in for a
demonstration.
The auditors have begun work on the 2006 audit.
Paola City Council Minutes – March 27, 2007
Page 11
Manager VanderHamm reported that Jay Preston has indicated that the Farmers Market is
anticipating moving back to the Square, but perhaps on Friday nights instead of Saturday
mornings.
Miami County joined the Mid-America Regional Council and they are inviting us to attend
an informational meeting on Monday, April 2nd, at 1:30 in the County Commission
Chambers.
The April 3rd work study session discussion items will include how the city will be the
general contractor for the Police and Fire station building projects, as well as possible streets
that could be named after Lou & Dolphia Baehr.
Manager VanderHamm presented and reviewed a report on the year to date data on sales tax
revenues.
Councilmember Hamilton suggested that a procedure be developed for tracking outstanding
issues such as the problem with off road vehicles near the VFW property.
Councilmember Rowlett reported that as of two weeks ago, he is a partner in the
development of Hidden Meadows. He wanted to advise the Council that he will recuse
himself and not take part in any discussion or vote pertaining to the development.
Councilmembers Dial and Pritchard had no new business to discuss.
Mayor Stuteville asked if the date for the spring clean up had been set. Staff advised that
April 28th will be the pick up date for city wide spring clean up. Mayor Stuteville noted the
amount of money spent on fuel by the Police Department and asked if the keyed fuel system
that was budgeted for 2007 could be used by both Public Works and Police to save money on
fuel. Manager VanderHamm reported that options for the fuel system were being evaluated
to determine the best solution available.
Agenda Item 7 -EXECUTIVE SESSION - K.S.A. 75-4319(B)(6) is the authority for this
recess.
Councilmember Rowlett made a motion to adjourn to Executive Session, to include the
Mayor, Council, City Manager, Librarian, and Library Board President, for 15 minutes for
preliminary discussions relating to the acquisition of real property; the regular meeting to
reconvene at 9:15 p.m. The motion was seconded by Councilmember Pritchard and all voted
aye.
Councilmember Dial made a motion to reconvene the adjourned meeting. The motion was
seconded by Councilmember Pritchard and all voted aye.
Paola City Council Minutes – March 27, 2007
Page 12
Agenda Item 9 – ADJOURNMENT.
With no additional business to come before the Council, Councilmember Rowlett made a
motion to adjourn the meeting. Councilmember Dial seconded the motion and all voted aye.
_________________________________
Artie Stuteville, Mayor
ATTEST: (seal)
______________________________
Daniel G. Droste, City Clerk
Paola City Council Minutes – March 27, 2007
Page 13
Agenda
AGENDA
REGULAR COUNCIL MEETING OF THE CITY OF PAOLA, KANSAS
HELD AT THE CITY OF PAOLA PUBLIC WORKS BUILDING
March 27, 2007 - 5:30 pm
~ Thank you for turning off your cell phone or pager. Council Meetings are tape recorded. ~
PLEDGE OF ALLEGIANCE
1. CALL TO ORDER
2. ROLL CALL - Pritchard ___ Dial ___ Rowlett ___ Hamilton ___ Mayor Stuteville ___
(Note: The Mayor only votes in the event of a tie)
3. PETITIONS, REMONSTRANCES, AND COMMUNICATIONS
Oral Communications from the audience (When addressing the Council, please step to the podium
and state your name and address so that it can be recorded in the minutes of the meeting. Please limit your
comments to 5 minutes or less and to items NOT on the agenda. Thank you.)
4. CONSENT AGENDA
The items on the Consent Agenda are considered by the Governing Body to be routine business items. Agenda
items may be approved by a single motion, second and a majority vote with no separate discussion of any item
listed. Should a member of the Governing Body desire to discuss any item, at his/her request it will be removed
from the Consent Agenda and considered separately.
a. Approval of minutes of the meetings of March 13, 2007.
b. Approval of Salary Ordinance number 07-05.
c. Approval of Appropriation Ordinance No. 601.
d. Approval of the renewal of a Retail Liquor License for In Good Spirits at 1001 N Pearl.
Action–Motion to approve/not approve the Consent Agenda, authorize the Mayor to sign.
Motion ____________________ Second ____________________
Hamilton ____ Rowlett ____ Dial ____ Pritchard ____ Mayor Stuteville _____
5. REPORTS OF OFFICERS, BOARDS AND COMMITTEES
a. Consider options to close a portion of 295th Street between Old KC Road and Hedge
Lane.
Action – Motion to commit to closing 295th Street from Rockwood Avenue east to
Hedge Lane at a date in the future to coordinate with the development of North Ridge
Estates or ___________________________________________________________.
Motion ____________________ Second ____________________
Hamilton ____ Rowlett ____ Dial ____ Pritchard ____ Mayor Stuteville _____
Paola City Council Meeting Agenda – 03/27/2007
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b. Presentation of the revised Comprehensive Plan by Jim Kaup.
Motion to approve/not approve AN ORDINANCE ADOPTING THE 2007
COMPREHENSIVE PLAN AND FUTURE LAND USE MAP FOR THE CITY OF
PAOLA, KANSAS; INCORPORATING SUCH PLAN AND MAP BY REFERENCE
PURSUANT TO K.S.A. 12-741 et seq., K.S.A. 12-3009:3012 AND K.S.A. 12-3301:3302.
Motion ____________________ Second ____________________
Hamilton ____ Rowlett ____ Dial ____ Pritchard ____ Mayor Stuteville _____
(Clerk assigned No. 2937 to the Ordinance)
c. Consider a request to install removable speed bumps on Redbud Drive.
Motion to approve/not approve the request of the Indian Hills Homeowners Association
to install removable speed bumps on Redbud Drive.
Motion ____________________ Second ____________________
Hamilton ____ Rowlett ____ Dial ____ Pritchard ____ Mayor Stuteville _____
d. Consider a recommendation from the Convention and Tourism Committee for
Transient Guest Tax Fund expenditures.
Motion to approve/not approve an expenditure of $5,575.00 from the Transient Guest
Tax Fund for a one year advertising contract and set-up expenses with CineMedia.
Motion ____________________ Second ____________________
Hamilton ____ Rowlett ____ Dial ____ Pritchard ____ Mayor Stuteville _____
e. Consider the renewal of a Conditional Use Permit for a daycare for 29300 W. 303rd
Street.
Motion to approve/not approve AN ORDINANCE RELATING TO ZONING:
AUTHORIZING A CONDITIONAL USE PERMIT FOR CERTAIN PROPERTY -
CONDITIONAL USE PERMIT 07-CUP-02.
Motion ____________________ Second ____________________
Hamilton ____ Rowlett ____ Dial ____ Pritchard ____ Mayor Stuteville _____
(Clerk assigned No. 2938 to the Ordinance)
f. Consider a request to change the zoning classification of Cedar Heights subdivision
from Suburban to Neighborhood Conservation.
Motion to approve/not approve AN ORDINANCE CHANGING THE ZONING
CLASSIFICATION OF CERTAIN LAND LOCATED IN THE CITY OF PAOLA,
KANSAS, UNDER THE AUTHORITY GRANTED BY THE LAND
DEVELOPMENT ORDINANCE OF THE CITY OF PAOLA, KANSAS.
Paola City Council Meeting Agenda – 03/27/2007
Page 2
Motion ____________________ Second ____________________
Hamilton ____ Rowlett ____ Dial ____ Pritchard ____ Mayor Stuteville _____
(Clerk assigned No. 2939 to the Ordinance)
g. Consider an amendment to the Table 13.110 of the Land Development Ordinance.
Motion to approve/not approve AN ORDINANCE AMENDING TABLE 13.110
“PLANT UNIT ALTERNATIVES” OF THE PAOLA LAND DEVELOPMENT
ORDINANCE.
Motion ____________________ Second ____________________
Hamilton ____ Rowlett ____ Dial ____ Pritchard ____ Mayor Stuteville _____
(Clerk assigned No. 2940 to the Ordinance)
h. Consider changes to the Planning and Zoning Fee Schedule.
Motion to approve/not approve the Planning and Zoning Fee Schedule as presented.
Motion ____________________ Second ____________________
Hamilton ____ Rowlett ____ Dial ____ Pritchard ____ Mayor Stuteville _____
i. Consider renewal of the City’s liability insurance through EMC.
Motion to approve/not approve the renewal of the City’s liability insurance through EMC
with an annual premium amount of $87,865.
Motion ____________________ Second ____________________
Hamilton ____ Rowlett ____ Dial ____ Pritchard ____ Mayor Stuteville _____
j. Consider approval of an Employment Agreement with Ross VanderHamm.
Motion to approve/not approve an Employment Agreement with Ross VanderHamm to
serve as City Manager and authorize the Mayor to sign.
Motion ____________________ Second ____________________
Hamilton ____ Rowlett ____ Dial ____ Pritchard ____ Mayor Stuteville _____
6. NEW BUSINESS
a. City Manager
b. Council
c. Mayor
7. EXECUTIVE SESSION - K.S.A. 75-4319(B)(6) is the authorities for this recess.
Action – Motion to adjourn to Executive Session, to include the Mayor, Council, City
Manager, and City Attorney, for ____ minutes for preliminary discussions relating to the
acquisition of real property; the regular meeting to reconvene at ________ p.m.
Paola City Council Meeting Agenda – 03/27/2007
Page 3
Motion ____________________ Second ____________________
Hamilton ____ Rowlett ____ Dial ____ Pritchard ____ Mayor Stuteville _____
Action – Motion to reconvene the adjourned meeting.
Motion ____________________ Second ____________________
Hamilton ____ Rowlett ____ Dial ____ Pritchard ____ Mayor Stuteville _____
8. ADJOURNMENT
Motion ____________________ Second ____________________
Hamilton ____ Rowlett ____ Dial ____ Pritchard ____ Mayor Stuteville _____
Notice: It is possible that sometime between 5:00 p.m. and 5:30 p.m. immediately prior to this meeting, during
breaks, and directly after the meeting, that a majority of the Governing Body may be present in the meeting room,
hallway, or parking lot. No one is excluded from these areas at any time.
Paola City Council Meeting Agenda – 03/27/2007
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