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City Council

Regular Meeting

Paola, KS · March 27, 2007

AgendaMinutes

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 Page 1 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 Page 4

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