MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF FAIRWAY, KANSAS The Council of the City of Fairway, Kansas, held their regular meeting at 7:30 P.M. at 5240 Belinder Road, Fairway, Kansas, on Monday,. Present: Absent: Presiding: Council Members Adam Dolski, David Watkins, Gail Gregory, Kelly-Ann Buszek, Jim Poplinger, Dan Bailey, Joe Levin and Tanya Keys (by phone). None. Mayor Melanie Hepperly. Staff Present: Nathan Nogelmeier, City Administrator; Steve Chinn, City Attorney; Director of Public Works, Bill Stogsdill; Building Inspector/Codes Administrator, Bill Sandy. Visitors: Chief Tony Lopez, Consolidated Fire District No. 2; Andy Martin, Martin Construction, 3965 W. 83rd Street, Prairie Village. CALL TO ORDER AND ANNOUNCEMENTS Mayor Hepperly called the meeting to order. PLEDGE OF ALLEGIANCE Mayor Hepperly asked that the Council stand for the Pledge of Allegiance. REPORTS OF STANDING COMMITTEES CONSOLIDATED FIRE DISTRICT NO. 2, CHIEF TONY LOPEZ Chief Lopez reported there were 18 total calls in March and 67 total calls year to date in Fairway. Thus far in 2017 there was a grass fire and kitchen fire with no fire loss reported. He discussed the increased inspections of commercial buildings by the Fire Marshall, stating that last year the Fire District conducted 1,192 inspections, 57 of which were in Fairway. Responding to Mayor Hepperly s question, Chief Lopez stated that the final permits are being obtained so that work can begin on the new Fire Station. They are working to move a fire hydrant and are still working with Johnson County Wastewater. ADMINISTRATION COMMITTEE, MR. POPLINGER
City Administrator Nogelmeier referred the Council to the report in the packet subject to questions. He noted that dog registrations are down from this time last year and he reminded everyone to get their dogs registered. POLICE COMMITTEE, MS. GREGORY Councilwoman Gregory referred the Council to the report in the packet subject to questions. PUBLIC WORKS COMMITTEE, MR. WATKINS Director Stogsdill referred the Council to the report in the packet, subject to questions. PARKS AND RECREATION COMMITTEE, MS. KEYS City Administrator Nogelmeier spoke about the successful Easter Egg Hunt at the Mission, stating that about 600 people attended the event. Several organizations have inquired about sponsoring the event next year. As requested by Mayor Hepperly, City Administrator Nogelmeier discussed the team building event that occurred last weekend on the haunted tours of the Shawnee Indian Mission. About 15 staff members and family attended the event that began at 8:00 P.M. and lasted until 2:00 A.M. The group received instructions on the equipment used and then walked through each of the buildings with the paranormal investigators and the mediums. Several participants indicated they experienced some paranormal activity and everyone had a good time. The gauges were more active in the west building and, while some activity could be due to electrical interference, it has the least amount of electrical wiring compared to the other buildings. He encouraged everyone to attend the paranormal event scheduled for April 28. FINANCE COMMITTEE, MR. LEVIN Councilman Levin reported that the Finance Committee met on March 28 and discussed the calendar for the upcoming budget. The Committee also discussed increasing the reserve fund from 10 percent to 20 percent. Page 2
City Administrator Nogelmeier stated that overall, the finances are looking good as far as revenues and expenses. REPORTS OF SPECIAL COMMITTEES ANIMAL CONTROL, MR. DOLSKI Councilman Dolski reported that Animal Control did not meet last month. He hopes to have something further to report at the next meeting concerning the future of Animal Control. TREE BOARD, MR. NOGELMEIER No report. PUBLIC COMMENT Mayor Hepperly asked if anyone would like to make public comment. Hearing none, she closed the public comment portion of the meeting. APPROVAL OF CONSENT AGENDA Mayor Hepperly outlined the four items on the Consent Agenda. The Consent Agenda items include the following: (A) Minutes of Previous Regular City Council Meeting; (B) Ordinance #1665 Claims and Appropriations March 2018; (C) CARS 5-year Plan and Resolution 2018-A; (D) Resolution 2018-B and Updated Master Fee Schedule. Councilman Watkins moved that the Council approve items A through D on the Consent Agenda. Councilman Levin seconded the motion and the motion carried unanimously. NEW BUSINESS A. Consider Ordinance #1666 An Ordinance Granting to MCIMetro Access Transmission Services Corp. d/b/a Verizon Access Transmission Services a Contract Franchise to Construct, Operate and Maintain a Telecommunications System in the City of Fairway, Kansas and Prescribing the Terms of Said Contract Franchise. Mayor Hepperly reported that this item was continued from last month s meeting. City Attorney Chinn explained that this Ordinance grants a franchise for MCIMetro to install overhead and underground lines. At last month s meeting, there was some concern by the Governing Body that the franchise granted too Page 3
much flexibility and the Council was not comfortable with the Ordinance as originally proposed. The agreement has been revised so that it specifically states what MCIMetro intends to do and prohibits what they are not intending to do. Those revisions have been reviewed by MCIMetro s legal department and he understands they agree to the revisions. Councilman Poplinger discussed his confusion last month about what the franchise entailed. He stated that the City currently has four communication companies that provide service to residential customers. Director Stogsdill explained that MCIMetro will run lines that will basically just pass through the City and will serve only commercial customers. He agreed that there are already other telecommunications companies who have lines within the City; however, the City must give MCIMetro the same access that it has given those other providers. Councilman Watkins pointed out that the Public Works Committee reviewed the franchise agreement and is comfortable with the revisions that have eliminated the possibility of allowing the installation of any type of cell towers or pedestals. The Committee did conclude that the City could not prohibit MCIMetro from running the lines that they have requested. Councilman Poplinger discussed his concerns about pedestals being installed in front yards. Director Stogsdill responded that if MCIMetro wanted to put additional equipment in the right of way, they would need to come back to the City for a right of way permit. Councilman Watkins added that while the agreement does allow MCIMetro to provide residential service, they could not put in pedestals or dig in residential areas because based on the franchise agreement, they are not allowed to do that. Director Stogsdill pointed out that everyone must be treated the same and the City has not allowed Surewest or Google to install pedestals in front yards in Fairway so they would not allow MCIMetro to do that either. Mayor Hepperly asked for a motion. Councilman Bailey moved that the Council adopt Ordinance #1666 An Ordinance granting to MCIMetro Access Transmission Services Corp., d/b/a Verizon Access Transmission Services a contract franchise to construct, operate and maintain a telecommunications system in the City of Fairway, Kansas and prescribing the terms of said contract franchise. Councilman Watkins seconded the motion and the motion carried unanimously. Page 4
B. Consider Request from Property Owner at 4034 Shawnee Mission Parkway to Install Safety Barriers. Mayor Hepperly discussed the request from the property owner at 4034 Shawnee Mission Parkway for safety barriers. She stated that the applicant is requesting a crash safety barrier that will be placed in the right-of-way because of concerns for their employees and clients in the event of a runaway vehicle. Mayor Hepperly asked for a motion. Councilman Watkins moved that the Council approve the request from the property owners at 4034 Shawnee Mission Parkway to install safety barriers. Councilman Dolski seconded the motion. Discussion followed. Responding to Councilman Levin s question, Director Stogsdill stated that he researched the safety barrier product being considered and believes it could stop a large truck at full speed. He noted that as a former resident of that corner, he would highly recommend approval of the safety barriers. Building Inspector/Codes Administrator Sandy added that he believes the proposed barriers will fit aesthetically in the area. Following discussion, the motion carried unanimously. C. Consider Request from Martin Construction, Inc. for a 60-day Permit Extension at 6019 El Monte. Building Inspector/Codes Administrator Sandy stated that this project began slowly, but the applicant has been working to complete it. The current permit expires on April 20. The applicant initially requested an extension until May 31; however, Building Inspector/Codes Administrator Sandy suggests that the permit be extended for two months, until June 20, to ensure that the project is completed without the need for additional approvals. He requested that a prorated permit fee be charged equal to one sixth of the original permit fee, or $452.08. In response to Councilman Bailey s question as to the reason for the delay, Mayor Hepperly asked the applicant to address the Council. Andy Martin of Martin Construction, 3965 W. 83rd Street, Prairie Village, Kansas, stated that he is the contractor on the project. He explained that the project is under contract for sale as of March 1 and there have been delays with customization of finishes requested by the new owners. Building Inspector/Codes Administrator Sandy explained that typically new home permits are issued for one year. There were numerous delays during the demolition phase and staff discussed the issue and decided to issue the construction permit for only six months. Once the house was demolished, the Page 5
foundation and basement were poured followed by a four or five-month delay before the worked picked back up again. City Attorney Chinn recalled that after the six-month permit was granted, the contractor retained a lawyer who brought it to the City s attention that staff did not have authority to grant anything less than a full year permit so the permit was extended to one year. The City then went back and changed the Code to allow staff to issue permits for less than a one year, but that change was made after the fact. Now the permit is reaching its expiration date and the applicant is requesting an additional extension. Discussion followed concerning the appropriate fee for the extension. Councilman Watkins recalled that the Council recently made a revision to the Code that no longer allows prorated permit fees for extensions past the initial one year. He wants to ensure that the Council be consistent in its application of the fee for extensions beyond one year and not set a precedent for allowing a prorated amount. Building Inspector/Codes Administrator Sandy does not believe that the Code prohibits allowing prorated building permit fees for extensions past the one year. City Attorney Chinn located the appropriate Code section and stated that it states that the fee to extend up to an additional 180 days is based on one half of the amount of the original permit for the project. Building Inspector/Codes Administrator explained that one half of the full year permit fee would be $1,356.25. Mayor Hepperly asked for a motion. Councilman Watkins moved that the Council approve the request from Martin Construction, Inc. for a 60-day permit extension at 6019 El Monte. The fee for the extension, as the Code requires, would be one half of the original fee, or $1,356.25. Councilman Bailey seconded the motion and the motion carried unanimously. EXECUTIVE SESSION: ATTORNEY/CLIENT PRIVILEGED MATTERS Mayor Hepperly asked that the Governing Body adjourn into executive session. Councilwoman Gregory moved that the Governing Body adjourn into executive session for two hours to discuss information deemed privileged in the attorney/client relationship pursuant to K.S.A. 75-4319(b)(2). The executive session should include the Governing Body, City Attorney Chinn, City Administrator Nogelmeier, Attorney Ashley Dillon and Sandy Brown. The open meeting will resume at or before 10:10 P.M. Councilman Levin seconded the motion and the motion carried unanimously. Page 6
The Governing Body went into executive session at 8:10 P.M. The Governing Body reconvened at 9:56 P.M ADJOURNMENT Councilman Poplinger moved to adjourn. Councilman Levin seconded the motion and the motion carried unanimously. There being no further business to come before the Council, the meeting was adjourned at 9:57 P.M. Attest: Barb Fox, Recording Secretary Mayor Melanie Hepperly Page 7