AMENDED AGENDA PACKET REGULAR

Transcription

AMENDED AGENDA PACKET
REGULAR MEETING
GOVERNING BODY
CITY OF LENEXA, KANSAS
12350 W. 87TH STREET PARKWAY
CALL TO ORDER:
DECEMBER 15, 2015
7:00 P.M.
CITY HALL COUNCIL CHAMBERS
Pledge of Allegiance
ROLL CALL:
APPROVE MINUTES:
Meeting of December 1, 2015 (Located in appendice)
MODIFICATION OF
AGENDA:
APPOINTMENTS:
Planning Commission, Term expires 4-30-2016
Planning Commission, Term expires 4-30-2016
CONSENT AGENDA:
1.
Item Numbers 1 - 8
All matters listed within the Consent Agenda have been
distributed to each member of the City Council for
reading and study, are considered to be routine, and
will be enacted by one motion of the council with no
separate discussion. If separate discussion is desired
on an item, from either the Governing Body or from the
audience, that item may be removed from the Consent
Agenda and placed on the Regular Agenda.
PLAN / PLAT APPROVAL:
a.
Acceptance and dedication of land for public purposes of the final plat for
the Fairways at City Center Villas located south of Winchester Street
along Mill Creek Road. PT 15-24 F (Exhibit located in appendice)
Description: The development is to include 40 buildings each containing two
attached residences. Each residence will be designed as a reverse story and
one-half which will include living areas and a master suite on the main
level. Two additional bedrooms and recreation space will be finished on the
lower level.
b.
Preliminary Plat for Prairie View at Creekside, located at the northwest
corner of Gleason Road and Prairie Star. PT 15-02 P (Exhibit located in
appendice)
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Description: This preliminary plan consists of 176 Class E lots on 58 +/- acres
for a density of 3.03 dwelling units per acre. The proposed Class E ground
floor area housing classification is consistent with the 1st Plat of Creekside
Woods. This subdivision is proposed to develop in three separate phases;
starting from the east side abutting Gleason Road and moving west over a
projected period of 5 years.
2.
ACCEPTANCE FOR MAINTENANCE:
Final acceptance for maintenance for Canyon Ridge – street and storm
sewers.
Description: Construction on this project began in 2007 under the name Canyon
Creek Villas. The project was approximately 70 percent complete when the
recession hit and the developer elected not to finish the project. The project
remained incomplete until 2015 when the land was purchased by Mickey
Vena. Mr. Vena replatted the subdivision as Canyon Ridge and completed the
outstanding street and storm sewer work.
3.
2016 Cereal Malt Beverage license renewal for Gomer’s, located at 12740 W
87th Street Parkway.
Description: This is a request for renewal of a 2016 Cereal Malt Beverage license.
4.
Resolution accepting the Drug & Alcoholism Council of Johnson County’s
recommendations for allocation of 2016 Alcohol Tax Funds (ATF). (Agreement
located in appendice)
Description: The City receives funds from the State Alcoholic Liquor Fund and
pursuant to statute, the City must designate one-third of the funds received to support
programs that prevent of treat alcohol and drug abuse. For several years, Lenexa and
other area cities have participated in the Drug and Alcoholism Council of Johnson
County (DAC) which is operated by United Community Services of Johnson County
(UCS). The DAC evaluates and recommends programs that meet the requirements of
state law and then allocates funds from the participating cities to such programs. The
anticipated funding is $128,375 which will be adjusted if the City’s alcohol tax
revenues are not sufficient.
5.
Resolution authorizing the Mayor to consent to the enlargement of the
Consolidated Main Sewer District of Johnson County on property located in the
vicinity of Cherry Lane and 96th Street. (Exhibit located in appendice)
Description: This resolution consents to the enlargement of the sewer district within
the City. The enlargement of the sewer district is occurring to serve the property
located in the vicinity of Cherry Lane and 96th Street.
6.
a.
Resolution adopting the 2016 State Legislative Program.
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Description: Each year before the Kansas Legislature convenes in January, the
Governing Body adopts formal positions on a number of legislative matters
which are likely to affect the governance and finances of the city.
b.
Resolution adopting the 2016 Federal Legislative Program.
Description: Each year before Congress convenes in January, the Governing
Body adopts formal positions on a number of legislative matters which are likely
to affect the governance and finances of the city.
7.
Resolution ratifying an agreement with Henderson Engineering, Inc. for design
of the physical security system for the Lenexa Civic Center Project. (Standard
agreement not part of packet. Agreement available in City Clerk’s Office)
Description: City Staff negotiated and executed an Engineering Services Agreement
for professional services to design the electronic physical security systems for Lenexa
Civic Center Project, which includes the Civic Building, Community/Recreation Center,
Parking Structure and the Outdoor Civic Plaza. Ratification of the agreement is
needed in order to authorize the agreement pursuant to City policy.
8.
Ordinance authorizing the City to issue its industrial revenue bonds (taxable
under federal law), series 2015 (Stantine-113th KS Properties LLC), in the
aggregate principal amount of not to exceed $7,000,000 for the purpose of
acquiring, constructing and equipping a commercial facility, and authorizing the
execution of certain documents in connection with the issuance of the bonds
(Bldg. 3, Lenexa Logistics Centre South– NW corner of Renner Blvd. &
113th Street).
Description: The City received an application from Stantine-113th KS Properties LLC
requesting the issuance of industrial revenue bonds and the approval of a 55%
property tax abatement for the construction of Building 3 in the Lenexa Logistics
Centre. The Governing Body approved a resolution of intent to issue the bonds and
the property tax abatement on April 21, 2015. The bond issue is scheduled to close on
December 23, 2015.
END OF CONSENT AGENDA
NEW BUSINESS:
9.
Resolution determining advisability of authorizing certain municipal
improvements, establishing a special benefit district to finance them and
waiving the sealed bid process (Cottonwood Canyon Street SBD).
Description: The City received a petition to establish a special benefit district (“SBD”)
in accordance with KSA 12-6a01 et seq. to finance a public street (Mill Creek Road),
cul-de-sac street, storm drainage facilities and related public improvements located
between Prairie Star Parkway and 87th Street Parkway west of Renner Boulevard. The
petition was signed by 100% of the land proposed to be included in the SBD and
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notice and hearing was waived. This resolution will establish an SBD for this project
and waive the sealed bid process for constructing the improvements.
10.
a.
Resolution approving and authorizing the Mayor to execute a
Memorandum of Understanding with the Johnson County Library Board
of Directors. (Memorandum of Understanding located in appendice)
Description: The Board of Directors of the Johnson County Library have
expressed a desire to relocate and construct a new library facility in Lenexa as
a possible enhancement of existing library service. On December 10, 2015, the
Library Board unanimously approved a Memorandum of Understanding (“MOU”)
with the City of Lenexa that sets out both parties intentions and responsibilities
to move forward with construction of a new library facility in the Civic Center
Campus. After approval by the City, the MOU will be submitted to the Board of
County Commissioners of Johnson County for approval. The facility would be
located west of and adjacent to Penrose Lane and south of the City Hall/Public
Market building on an approximately one-half acre of land, which land would be
donated by the City. Construction is estimated to commence in 2019 with an
opening in June 2020.
b.
Resolution approving and authorizing the Mayor to execute a
Memorandum of Understanding with the Board of Education of Unified
School District 512 (SMSD). (amending item) (Memorandum of
Understanding located in appendice)
Description: At its meeting on Dec. 14, 2015, the Board of Education of USD
512 (“SMSD”) approved a Memorandum of Understanding with the City of
Lenexa (“MOU”) expressing its intent to construct a premiere competitive
aquatic center in the Lenexa City Center on approximately 1.9 acres to be
donated by the City. The MOU sets forth each parties’ intentions and
responsibilities to move forward with the project. Construction is estimated to
commence in approximately July of 2017.
BUSINESS FROM FLOOR:
Comments will be accepted from the audience on items
not listed on the agenda. Please limit remarks to a
maximum of five (5) minutes per person/issue.
COUNCILMEMBERS
REPORTS:
STAFF REPORTS:
Continued discussion of ward boundary adjustments. (No packet materials)
EXECUTIVE SESSION:
An executive session to discuss a personnel matter involving non-elected personnel.
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ADJOURN:
Dist.
Governing Body; Management Team; Mailing List and Press
IF YOU NEED ANY ACCOMMODATIONS FOR THE MEETING, PLEASE CONTACT THE CITY ADA
COORDINATOR, 913/477-7550. KANSAS RELAY SERVICE 800/766-3777. PLEASE GIVE 48 HOURS
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Lenexa City Council M eeting Seating Chart
Mike Boehm
Mayor
COUNCIL
MEMBER
Andy Huckaba
W ard 4
Thomas R. Nolte
W ard 2
Amy K. Slater
W ard 3
SEATING
ORDER
Lou Serrone
W ard 3
Steve Lemons
W ard 1
Diane Linver
W ard 2
Mandy Stuke
W ard 4
Joe Karlin
W ard 1
D A IS
STAFF
MEMBER
David Bryant
City Clerk
SEATING
ORDER
Todd Pelham
Deputy City
Administrator
Eric W ade
City Administrator
Beccy Yocham
Community
Development
Director
Cindy Harmison
City Attorney
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APPOINTMENTS
CITY COUNCIL
PACKET MEMORANDUM
TO:
Lenexa City Council
FROM:
Mayor Michael Boehm
DATE:
December 15, 2015
RE:
Appointments – Lenexa Planning Commission
I am pleased to place before you my recommended appointments to fill vacancies on the
Lenexa Planning Commission due to the departure of Robin Burch and Rob Welker. These
appointments are for a term commencing on December 15th, 2015 and ending on April 30,
2016, which completes the Burch/Welker position terms. Each recommended appointee
has expressed interest in being re-appointed to a full 3-year term at the April 2016
expiration date.
Jo Ella Hoye moved to Lenexa from Mission in June of 2014. Prior to moving to Lenexa,
she was involved in various community service commitments in the city of Mission,
including the parks & recreation commission and a representative of Mission on the MARC
Communities for All Ages task force. In addition, Jo Ella chaired Mission’s swimming pool
task force and the downtown visioning committee. Jo Ella previously worked for Johnson
County as a budget analyst in the planning department, where she was exposed to general
planning concepts and codes.
Jo Ella grew up in a small town in Nebraska and notes that her mother served as the town’s
mayor, giving her a sense of responsibility to be involved in the communities in which she
has lived and inspired her to attain her Masters of Public Administration from KU.
Jo Ella and her husband, Brian have a 3-year old son, William, and live in the Cedars.
Jerry Harper has been a resident of Lenexa the past 28-years and currently lives in the
Country Hill subdivision. Jerry is currently employed at ANB Bank in Lenexa, where he is
the CRA officer, and has a total of 34-years of service in the banking industry. Jerry is a
past member of the Holy Trinity School Board, is involved in the Alliance for Economic
Inclusion, and has been recognized for his efforts to help low-to-moderate income families
achieve financial independence.
Jerry is a member of the Lenexa Rotary Club and is currently serving as the organization’s
secretary.
Jerry is a graduate of Pittsburg State University. He and his wife, Paula, are the proud
parents of adult children, Alex, who attends KU, and Annie, who is married and teaches in
KCMO at the Kaufman School.
It is my pleasure to recommend Jo Ella and Jerry for appointment to the Lenexa Planning
Commission.
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ITEM NO. 1A
CITY COUNCIL
PACKET MEMORANDUM
DOCUMENT: Acceptance and dedication of land for public purposes of the Final Plat
SUBJECT:
Fairways at City Center Villas
CONTACT PERSON: Beccy Yocham, Director of Community Development
DATE:
December 15, 2015
APPLICANT:
Park Place Partners, LLC
DESIGN PROFESSIONAL:
David Rinne of Schlagel Associates, P.A.
PROPERTY ADDRESS:
OWNER:
Lenexa Land Holdings, LLC
South of Winchester Street along Mill
Creek Road
ACTION NEEDED:
Acceptance and dedication of land for public purposes of the final plat for Fairways at
City Center Villas.
PROJECT BACKGROUND:
The development is to include 40 buildings each containing two attached residences.
Each residence will be designed as a reverse story and one-half which will include living
areas and a master suite on the main level. Two additional bedrooms and recreation
space will be finished on the lower level which in most cases will walk out to a backyard
patio with views of the golf club landscape. The backyard landscapes are intended to
complement the golf course setting.
There were no comments made at the November 30, 2015, Planning Commission
meeting. The draft Planning Commission minutes are attached for review, however, this
was a Consent Agenda item, therefore there was no discussion on the project.
PLANNING COMMISSION ACTION FOR THE FINAL PLAT:
Chairman Oppliger entertained a motion to APPROVE Consent Agenda Item Numbers 1
thru 6. Moved by Commissioner Katterhenry, seconded by Commissioner Burson, and
carried by a majority voice vote.
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ITEM NO. 1B
CITY COUNCIL
PACKET MEMORANDUM
DOCUMENT: Approval of a Preliminary Plat
SUBJECT:
Prairie View at Creekside
CONTACT PERSON: Beccy Yocham, Director of Community Development
DATE:
December 15, 2015
APPLICANT & OWNER:
Doug Claussen of Creekside Woods Investor, LLC
Shannon Buster of Lutjen, Inc.
PROPERTY ADDRESS:
Northwest corner of Gleason Road and Prairie Star
Parkway
ACTION NEEDED:
Approval of a Preliminary Plat for Prairie View at Creekside.
PROJECT BACKGROUND:
This preliminary plan/plat consists of 176 Class E lots on 58 +/- acres for a density of 3.03
dwelling units per acre. The proposed Class E ground floor area housing classification is
consistent with the 1st Plat of Creekside Woods. This subdivision is proposed to develop
in three separate phases; starting from the east side abutting Gleason Road and moving
west over a projected period of 5 years.
There were no comments made at the November 30, 2015, Planning Commission
meeting. The draft Planning Commission minutes are attached for review.
PLANNING COMMISSION ACTION FOR THE FINAL PLAT:
Chairman Oppliger entertained a motion to recommend APPROVAL of Preliminary Plat
for Prairie View at Creekside. Moved by Commissioner Poss, seconded by
Commissioner Horine, and carried by a majority voice vote.
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ITEM NO. 2
CITY COUNCIL
PACKET MEMORANDUM
DOCUMENT:
Final Acceptance for Maintenance
SUBJECT:
Canyon Ridge
CONTACT PERSON:
Tim Green, P.E., Deputy Director Community Development
DATE:
December 15, 2015
ACTION NEEDED:
Approval for Final Acceptance
PROJECT BACKGROUND/DESCRIPTION:
Construction on this project began in 2007 under the name Canyon Creek Villas. The
project was approximately 70 percent complete when the recession hit and the developer
elected not to finish the project. The project remained incomplete until 2015 when the
land was purchased by Mickey Vena. Mr. Vena replatted the subdivision as Canyon
Ridge and completed the outstanding street and storm sewer work. The project now
meets current city standards and is ready for acceptance by the City.
Staff made a final inspection on December 8, 2015 and advised that all work had been
completed in accordance with the plans and specifications.
FUNDING SOURCES:
Privately funded
STAFF RECOMMENDATION:
It is the recommendation that this construction be formally ACCEPTED by the City.
Total Statute Miles Added: 0.48 miles
Total Lane Miles Added: 0.94 miles
Pipe Length:
15-inch = 1,127 lf
18-inch = 321 lf
30-inch =
58 lf
36-inch = 137 lf
42-inch = 278 lf
TOTAL = 1,921 lf
________________________________
Tim Green, P.E.,
Deputy Director Community Development
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Mickey Vena
20952 W 113th Pl
Olathe, KS 66061-2902
The Governing Body of the City of Lenexa, Kansas, by official action at their regular
meeting on December 15, 2015 accepted the work described above. The Maintenance
Bonds for this project are now in force and will expire on December 15, 2017.
David F. Bryant III
City Clerk
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ITEM NO. 3
CITY COUNCIL
PACKET MEMORANDUM
DOCUMENT:
SUBJECT: CMB Renewal
CONTACT PERSON: Beccy Yocham
DATE: December 15, 2015
ACTION NEEDED:
Council to approve the Cereal Malt Beverage license renewal for the following business:
Gomer’s of Kansas located at 12740 W 87th St. Pkwy.
Staff recommends approval.
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ITEM NO. 4
CITY COUNCIL
PACKET MEMORANDUM
DOCUMENT: Resolution and Contract
SUBJECT: Agreement with United Community Services of JoCo (UCS) regarding distribution of
alcohol tax funds.
CONTACT PERSON: Cindy Harmison, City Attorney
ACTION NEEDED:
Pass a resolution approving and authorizing the execution of an agreement between the
City and UCS regarding the distribution of alcohol tax funds.
During FY 2016, the City expects to receive approximately $500,000 in alcohol tax
revenue. As required by state statute, the City divides the alcohol tax revenue evenly
among the General Fund, Special Parks & Recreation Fund, and the Special Alcohol
Fund. The General Fund portion of the revenue can be used to fund general operating
costs. The Special Parks & Recreation Fund portion must be used for parks and
recreation purposes. The Special Alcohol Fund portion of the revenue must be used to
finance programs aimed at preventing or treating alcohol and drug abuse. It is this portion
of the revenue that this UCS Agreement addresses.
The City does not operate its own substance abuse prevention and/or treatment
programs. Historically, the City has utilized the expertise of UCS to assist in identifying
the best uses for the alcohol tax funds. For this purpose, UCS established the Drug &
Alcoholism Council (DAC) which:

Identifies agencies that meet the state mandated mission of preventing and
treating substance abuse;

Recommends these agencies to cities for funding;

Develops contracts with agencies; and

Monitors each agencies performance.
The proposed agreement extends the City’s relationship with UCS/DAC from January 1,
2016 through March 1, 2017 (to allow for required compliance reporting). The total
expenditure from alcohol tax funds for UCS/DAC in the FY 2016 budget is anticipated to
be $128,375. The majority of these funds go to substance abuse treatment and
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prevention agencies. However, a small portion goes to school districts for substance
abuse prevention programs and to UCS for administrative costs. A summary distribution
of funds is provided below.
Entity
Substance abuse treatment & prevention entities
De Soto School District
Olathe School District
Shawnee Mission School District
UCS Administrative Fee
FY 2016 Amount
$104,905
$ 10,671
$ 1,916
$ 3,816
$ 7,067
Alcohol tax funds from Lenexa support the De Soto, Olathe and Shawnee Mission school
districts since Lenexa residents attend each of these districts. The proportion of the
allocation paid by the City does not affect the total grant to the school district, and the
grant amount contributed is pro-rated to the seven participating cities. Three
municipalities support the De Soto School District (JoCo; Lenexa and Shawnee) and two
jurisdictions support the Olathe School District (Olathe and Lenexa). Shawnee Mission
School District receives funding from the most jurisdictions.
The Agreement also permits the City to reduce or cease funding an entity if alcohol tax
receipts are less than anticipated or if an agency fails to meet its contractual performance
requirements.
Assistant to the City Administrator Danielle Dulin will be the staff person responsible for
implementing and managing this Agreement.
FINANCIAL IMPLICATIONS/FUNDING SOURCES:
Special Alcohol Tax Fund
Staff recommends approval of the resolution.
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RESOLUTION NO. ________
A RESOLUTION APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT BETWEEN THE CITY OF LENEXA, KANSAS, (“CITY”), AND UNITED
COMMUNITY SERVICES [“UCS”], REGARDING THE DISTRIBUTION OF ALCOHOL
TAX FUNDS.
WHEREAS, the City annually receives funds from the State Alcoholic Liquor Fund
pursuant to K.S.A. 79-41a04; and
WHEREAS, state law requires cities with a population of more than 6,000
designate one-third of the money received from this Fund into a special alcohol and drug
programs fund (“Alcohol Tax Fund”) to be used for programs that prevent or treat alcohol
and drug abuse; and
WHEREAS, United Community Services (“UCS”) performs research, leads
community initiatives, guides the allocation of resources and promotes public policy to
strengthen the Johnson County community as well as serving as the United Way's
planning partner in Johnson County, Kansas; and
WHEREAS, UCS has established the Drug and Alcoholism Council of Johnson
County (“DAC”), as a program to evaluate and recommend programs serving Johnson
County residents which meet the needs identified in state law for the expenditure of
Alcohol Tax Funds; and
WHEREAS, the City believes UCS and the DAC are best qualified to make
recommendations regarding the expenditure of Alcohol Tax Funds and to monitor the
outcomes of the funded agencies, and further finds it is in the best interest of Lenexa
residents and the entire Johnson County area to allow UCS to coordinate the expenditure
of the City’s Alcohol Tax Funds with Alcohol Tax Funds of other Johnson County
communities; and
WHEREAS, the parties hereto have read and understand the terms and conditions
of the United Community Services Agreement attached hereto as Exhibit 1.
NOW, THEREFORE, BE IT RESOLVED BY THE LENEXA CITY COUNCIL:
SECTION ONE: The City of Lenexa, Kansas, a municipal corporation, does
hereby approve and authorize the Mayor to execute the agreement with United
Community Services attached hereto as Exhibit 1, and incorporated herein by reference.
SECTION TWO: This Resolution shall become effective upon passage by the City
Council.
PASSED by the City Council this 15th day of December, 2015.
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SIGNED by the Mayor this 15th day of December, 2015.
[SEAL]
______________________________
Michael A. Boehm, Mayor
ATTEST:
____________________________
David F. Bryant III, City Clerk
APPROVED AS TO FORM:
___________________________________
Cindy Harmison, City Attorney
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ITEM NO. 5
CITY COUNCIL
PACKET MEMORANDUM
DOCUMENT: A resolution authorizing the Mayor to consent to the enlargement of the
Consolidated Main Sewer District of Johnson County, Kansas located on property located
in the vicinity of Cherry Lane and 96th Street.
SUBJECT: Sewer District Enlargement
CONTACT PERSON: Sean McLaughlin, Assistant City Attorney
ACTION NEEDED: Approval of a resolution authorizing the Mayor to consent to the
enlargement of the Consolidated Main Sewer District of Johnson County, Kansas located
in the vicinity of Cherry Lane and 96th Street.
Attached for your review is a Resolution approving and authorizing the Mayor to consent
to the enlargement of the Consolidated Main Sewer District located in the vicinity of
Cherry Lane and 96th Street.
Johnson County Charter Resolution No. 29-92 requires the County to get the consent of
any city affected by proposed enlargements to the Consolidated Main Sewer District.
Because this property is located in Lenexa, your consent must be given to this
enlargement before it can move forward. City staff has reviewed this request and has no
objection to the requested enlargement.
Staff recommends approval of the resolution.
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RESOLUTION NO. ______________
A RESOLUTION APPROVING AND AUTHORIZING THE MAYOR TO CONSENT TO
THE ENLARGEMENT OF THE CONSOLIDATED MAIN SEWER DISTRICT OF
JOHNSON COUNTY, KANSAS, (“CMSD”) BY THE BOARD OF COUNTY
COMMISSIONERS, LOCATED IN THE VICINITY OF CHERRY LANE AND 96TH
STREET PURSUANT TO JOHNSON COUNTY CHARTER RESOLUTION NO. 29-92.
WHEREAS, there comes before the Governing Body of the City of Lenexa,
Kansas, the matter of the enlargement of Consolidated Main Sewer District of Johnson
County, Kansas; and
WHEREAS, the tract to be included within the sewer district is located within the
corporate limits of the City, is governed by the County and is described on Exhibit “A”
attached hereto and made a part hereof by reference; and
WHEREAS, the provisions of Charter Resolution No. 29-92, Johnson County,
Kansas, and any amendments thereto, provide that when any such sewer district extends
into the city limits of any incorporated city, the Board of County Commissioners shall not
have power to create or extend such sewer district within the city limits without consent
of the governing body of the city.
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE
CITY OF LENEXA, KANSAS:
SECTION ONE:
The City does hereby approve and authorize the Mayor to
consent to the sewer district enlargement for the property shown and described on Exhibit
“A” within a sewer district that is governed by the Board of County Commissioners of
Johnson County, Kansas.
SECTION TWO:
Governing Body.
This Resolution shall become effective upon passage by the
ADOPTED by the City Council this 15th day of December, 2015.
[SEAL]
_____________________________________
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ATTEST:
_____________________________________
_____________________________________
Sean L. McLaughlin, Assistant City Attorney
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ITEM NO. 6 A & B
CITY COUNCIL
PACKET MEMORANDUM
DOCUMENTS:
2016 State Legislative Platform
2016 Federal Legislative Platform
SUBJECT:
Legislative Agenda
CONTACT PERSON:
Mike Nolan, Assistant to the City Administrator
DATE:
December 15, 2015
ACTION NEEDED:
Resolutions adopting the City’s state and federal legislative agendas for the 2016 session
and 114th Congress, respectively.
PROJECT BACKGROUND:
Each year before Congress and the Kansas Legislature convene in January, the
Governing Body adopts formal positions on a number of matters which are likely to affect
the governance and finances of the city. In 2016, the issues of importance can generally
be arranged into eight categories:








Home Rule and Local Control
Taxation, Finance and Spending
Mandates and Funding
Public Safety
Education
Environment
Transportation
Telecommunications
The positions have been evaluated by members of the Governing Body as well as staff
and the City’s legislative advocate. Other issues of importance have been included after
discussions with other Johnson County municipalities and the Lenexa Chamber of
Commerce.
Staff recommends approval of the state and federal legislative platforms detailed herein.
These issues are of critical importance to the effective and efficient governance of the
city and many will likely be reviewed by the respective legislative bodies during the
upcoming term.
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RESOLUTION NO.__________
A RESOLUTION ADOPTING THE 2016 STATE LEGISLATIVE PROGRAM.
WHEREAS, the 2016 session of the Kansas Legislature convenes in January,
2016; and
WHEREAS, many legislative issues affecting local government will be considered;
and
WHEREAS, the City of Lenexa has historically adopted a legislative program for
consideration by the Kansas Legislature; and
WHEREAS, the City Council desires to adopt the proposed 2016 state legislative
program attached hereto as Exhibit "A".
SECTION ONE:
That the 2016 State Legislative Program is hereby adopted in
substantially the same form as described in Exhibit "A" attached hereto and incorporated
herein by reference.
[SEAL]
ATTEST:
Cynthia L. Harmison, City Attorney
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EXHIBIT A
2016 State Legislative Platform
State and municipal governments work together to provide citizens with many services
they require and have come to expect. As the local branch of government, we understand
our citizens’ needs and are equipped to respond to them effectively and efficiently. While
we respect the state government’s role, we continue to advocate for the protection of
home rule authority to ensure citizens’ needs are met. We favor local decisions being
made at the local level. We support the following positions and advocate for them on
behalf of those who live and work in our community.




We support the full control and authority over those matters which are granted to
municipalities by the Kansas Constitution.
We support legislation that provides a sensible solution to the local election timing issues
caused by moving them from the spring to autumn.
We support the right of municipalities to responsibly use eminent domain for all public
purposes, including economic development.
We support the authority of municipalities to manage employee/employer relations.
Taxation, Finance, and Spending






We support legislation repealing the local government “tax lid.”
We support a balanced state budget that does not rely on reductions in funding for local
units of government.
We support current local government sales tax exemptions.
We support legislation that does not erode the local or state ad valorem property tax base,
or any taxation policies that would: 1.) reduce available funding for key programs; 2.) put
municipalities at a competitive disadvantage with those in neighboring states; or 3.) levy
a sales tax on professional services.
We support legislation that permits local governments to delay the submission of their
annual budget to October 15th or later.
We support the state’s continued participation in the Streamlined Sales and Use Tax
Agreement.




We support full and continuous funding for the programs, projects, services, functions, or
activities the state requires local units of government to perform and/or provide.
We support restoring dedicated monies taken from the Kansas Department of
Transportation (KDOT) and support complete and sustained funding of the current
comprehensive transportation program known as “T-WORKS.”
We support the establishment of long-term, dedicated funding sources which support
transportation improvements.
We support adequate funding of the Kansas Public Employees Retirement System
(KPERS) and separation of local units of government from the state and school retirement
systems.
Packet Page 32
Public Safety





We support H.B. 2007, an act concerning law enforcement; creating a law enforcement
mutual aid region for critical incidents.
We support legislation amending K.S.A. 59-2946 to define 24-hour crisis observation
facilities and to give behavioral health providers in such facilities the authority to keep
individuals in crisis for up to 72 hours of emergency observation and treatment.
We support fully funding public safety initiatives and programs and believe that authority
for making crucial public safety funding decisions should reside at the local level.
We support current laws against racial profiling and oppose any changes which would
negatively impact the relationship between law enforcement personnel and the
communities they serve.
We support legislation allowing cities to use technology to counterbalance the need for
more staff, promote public safety, reduce accidents, and solve crimes.
Education and Environment


We support funding public education in a manner which ensures students will be able to
compete in the global economy.
We support the efforts of the Governor’s 50-Year Water Vision for water quality/quantity
planning and sustainability.
Why we support the following positions and advocate for them on behalf of those
who live and work in our community.
We support the full control and authority over those matters which are granted to
municipalities by the Kansas Constitution.

Constitutionally-granted home rule authority is essential to responsible and effective
local government. Due to their proximity to the community, locally-elected officials are
in the best position to make decisions of community concern and are most accountable
for those decisions.
We support legislation that provides a sensible solution to the local election timing
issues caused by moving them from the spring to autumn.

Legislation changing the timing of local elections was passed in 2015 and created
several issues that were left unresolved. Among others, these issues include: 1.) the
tenure of officials who were elected, but whose terms in office are uncertain due to
shifting elections several months away from their current schedule; 2.) the fact that
newly-elected officials will be unable to participate for several months in the municipal
budget preparation process; and 3.) the fact that newly-elected officials on two-year
terms may perhaps only govern for less than one year under a budget in which they
had any involvement.
We support the right of municipalities to responsibly use eminent domain for all public
purposes, including economic development.
Packet Page 33

Responsible use of eminent domain is essential to the creation of quality public places.
Additionally, careful use of this tool can assist in cultivating economic activity while
removing blight from our communities.
We support the authority of municipalities to manage employee/employer relations.

Collective bargaining processes and decisions are better handled at the local level.
The unique relationship between local officials and local government professionals
requires a unique approach to employee/employer relations.
We support legislation repealing the local government “tax lid.”

Legislation passed in 2015 prohibits local units of government from raising local
property tax revenue beyond the Consumer Price Index (CPI), with caveats. The CPI
being an inadequate measure with which to benchmark local government budgets
notwithstanding, this legislation presents several major issues. First, the tax lid
unnecessarily constrains the flexibility of local governments to raise capital for
important community services, programs, and projects. Further limiting the property
tax revenue stream to fund the municipal services citizens have come to expect will
put communities in Kansas at a disadvantage to those in neighboring states. Even
before its scheduled implementation in 2018, the tax lid has already had negative
implications on municipal finances. Major credit rating agencies have indicated that
the tax lid will negatively affect municipal bond ratings, potentially costing Kansas
taxpayers millions of extra dollars when financing public projects. Next, given the
public referenda provisions included in the law, the timeline of municipal budget
preparation, and changes in the framework of local elections, it will be nearly
impossible for local governments to comply with all the statutory requirements for all
three processes when they inevitably converge. Furthermore, the tax lid purports to
rein in out-of-control spending for a unit of government that consistently rates as the
most (by far) efficient, effective, responsive, responsible, accountable, trustworthy,
and transparent level of government.
We support a balanced state budget that does not rely on reductions in funding for
local units of government.

Reducing or eliminating available funds and revenue streams local governments are
dependent upon may be detrimental to Kansas communities. Reduction or elimination
of these funding sources may diminish the capacity for municipalities to deliver the
high quality services our citizens enjoy and have come to expect.
We support current local government sales tax exemptions.

Charging sales tax on local government purchases will only serve as a mechanism for
diverting monies from municipalities to the state. Loss of the exemption will cost local
taxpayers more money, especially for large public works projects. Money saved from
the sales tax exemption on local government purchases stays in the community and
goes directly to enhancing municipal programs and services.
We support legislation that does not erode the local or state ad valorem property tax
base, or any taxation policies that would, 1.) reduce available funding for key
programs; 2.) put municipalities at a competitive disadvantage with those in
neighboring states; or 3.) levy a sales tax on professional services.
Packet Page 34

Kansas municipalities strive to provide the quality services citizens expect. Any
modifications or new exemptions would be detrimental to any competitive advantage
Kansas municipalities have over those in neighboring states due to the reliance on an
increasingly narrower tax base.
We support legislation that permits local governments to delay the submission of their
annual budget to October 15th or later.

Legislation extending the statutory timetable for municipal budget preparation,
publication, hearing, adoption, and certification until at least October 15th is sensible.
This would ensure more accurate revenue information is available for local officials to
make crucial local funding decisions. The City recognizes delaying budget certification
can impact other levels of government and would support requiring local governments
to submit their maximum property tax levy in August, but delay full budget certification
until later in the year. Therefore, the City also supports the ability for municipalities to
opt in or out of extending the budget certification cycle.
We support the state’s continued participation in the Streamlined Sales and Use Tax
Agreement.

Since 2005, Kansas has participated along with 24 other member states in an initiative
to minimize the costs and administrative burdens on retailers that collect sales tax,
particularly retailers operating in multiple states. The SSUTA encourages "remote
sellers" selling over the Internet and by mail order to collect tax on sales to customers
living in the streamlined states. It levels the playing field so that local brick-and-mortar
businesses and remote sellers operate under the same rules. This Agreement ensures
that all retailers can conduct their business in a fair, competitive environment.
We support full and continuous funding for the programs, projects, services, functions,
or activities the state requires local units of government to perform and/or provide.

State-mandated actions and programs handed down to local governments without
accompanying funding are contrary to the concept of constitutional home rule and is a
fiscally unsound practice. Any function or activity mandated by the state and provided
by municipalities should be fully and continuously funded by the state.
We support restoring dedicated monies taken from the Kansas Department of
Transportation (KDOT) and support complete and sustained funding of the current
comprehensive transportation program known as “T-WORKS.”

Several hundred million dollars have been removed from KDOT’s budget over the past
several years to balance the state’s General Fund budget. While current projects may
or may not be affected, the long-term solvency and effectiveness of the comprehensive
transportation program, T-WORKS, is in question. Without a well-maintained and
adequately funded transportation infrastructure, Kansas municipalities will eventually
lose competitive advantage in a resource they have over those in neighboring states:
an extensive, well-maintained, safe, and effective supply and distribution network for
local businesses. Diversion of KDOT and T-WORKS funds is detrimental to Kansas’
economic development interests. To ensure that Kansas remains competitive in key
areas, we encourage the Kansas Department of Transportation (KDOT) to give
Packet Page 35
projects that yield additional tax revenue the highest consideration in developing
statewide program priorities.
We support the establishment of long-term, dedicated funding sources which support
transportation improvements.

The current funding mechanism for the T-WORKS program is unsustainable and a
new, long-term, truly dedicated source must be identified.
We support adequate funding of the Kansas Public Employees Retirement System
(KPERS) and separation of local units of government from the state and school
retirement systems.

Funding KPERS is the fiduciary responsibility all participating employers have to their
employees who have contributed to the system throughout their careers. Separation
of each governmental unit will allow each employer group to address its obligations
more directly.
Public Safety
We support HB 2007, an act concerning law enforcement; creating a law enforcement
mutual aid region for critical incidents.

Critical public safety incidents are not limited to one side of the state line. Law
enforcement agencies in both Kansas and Missouri have traditionally worked together
when circumstances warrant. However, during certain events, it would be prudent,
efficient, and effective for law enforcement personnel to exercise jurisdiction on either
side of the state line if called upon by a partner agency. Currently, Missouri has passed
legislation allowing this exercise of jurisdiction. However, to be legally enforceable, the
Kansas legislature must pass the same enabling legislation. This initiative is supported
by several municipalities in the Kansas City metropolitan area as well as by several
law enforcement professional organizations and associations.
We support legislation amending K.S.A. 59-2946 to define 24-hour crisis observation
facilities and to give behavioral health providers in such facilities the authority to keep
individuals in crisis for up to 72 hours of emergency observation and treatment.

Because current Kansas statutes does not allow for emergency observation and
treatment (EOT), individuals experiencing a behavioral health crisis often do not
receive the care and treatment they need, even as their behaviors put them at risk of
incarceration or involuntary admission to a state hospital. Instead, statutes give law
enforcement officers the authority to apprehend someone without a warrant if the
officers have a reasonable belief formed upon investigation that a person is a mentally
ill person and because of such person's mental illness is likely to cause harm to self
or others. This requirement, without the option of adopting EOT, leads to unnecessary
court involvement, time-wasting law enforcement transportation, and most
significantly, can needlessly expose the individual in crisis to numerous traumatic
experiences. Further, the individual is ultimately placed in highly restrictive
environments – either jail or a state hospital – that remove the individual from
community-based models for care and treatment. Data demonstrates that most
behavioral health crises can be resolved in 72 hours, giving the individual a chance to
receive treatment in a community setting. Drawing from that premise, states like
Arizona and Texas have enacted highly successful statutes that allow for 72-hour
Packet Page 36
EOT. Both states have discovered several strengths with this model, including: 1.)
Critical decisions about proper behavioral health care and treatment are made by
behavioral health professionals, not law enforcement or court systems; 2.) The
consumer is kept out of the criminal justice system, a process that can further
traumatize and complicate the symptoms of someone with a serious mental illness;
3.) The consumer can typically be treated in (or closer to) a home community,
increasing the likelihood of familial involvement and easing discharge planning to
community-based services; 4.) Law enforcement officers are freed to continue their
usual duties once a person has been admitted to a treatment facility (which should be
15 minutes or less); 5.) Judicial resources are maximized by only having involuntary
commitment petitions filed for individuals who have not been stabilized in a 72-hour
period. With the advent of short-term crisis stabilization facilities, the state and local
behavioral health providers have new opportunities to treat people experiencing a
behavioral health crisis. As it stands today, successful treatment at facilities depend
on an individual’s voluntary cooperation. When someone is not cooperating with
treatment, that individual can walk out of the facility, even if it is five minutes after an
officer has dropped them off. If they pose a danger to themselves or others, the
involuntary commitment process to the state hospital must be initiated. A statute that
allows for emergency observation and treatment would provide a model for an
intermediate resolution to this dilemma, allowing mental health providers to keep
someone involuntarily for up to 72 hours. Amending the current statute may allow
individuals who would otherwise meet the criteria for involuntary commitment to be
treated in a less restrictive environment, closer to their homes, with easier access to
community supports when they are discharged. It also may drastically reduce the
number of involuntary commitments that are filed in the court and sent to the state
hospital.
We support fully funding public safety initiatives and programs and believe that
authority for making crucial public safety funding decisions should reside at the local
level.

Local public safety personnel are the first to respond to crime and acts of terrorism,
and are often at the forefront of preventing such events. Funding should be allocated
in a way that allows these professionals to protect their communities in the manner
which best serves local citizens.
We support current laws against racial profiling and oppose any changes which would
negatively impact the relationship between law enforcement personnel and the
communities they serve.

Straining the relationship between law enforcement personnel and the community
makes it difficult to protect our communities. Enacting laws which would expand the
use of bias-based policing practices may generate negative relationships between the
police and the public.
We support legislation allowing cities to use technology to counterbalance the need
for more staff, promote public safety, reduce accidents, and solve crimes.

Advances in technology are creating opportunities to enhance public safety in our
communities. Apparatuses including, but not limited to, red-light cameras, body
cameras, and license plate readers have reduced accidents, solved crimes, and given
public safety personnel the ability to cost-effectively enforce laws without taking on the
financial burden of hiring additional law
Packet Page 37
enforcement officers. Furthermore, while these technologies are being used by public
safety personnel across the state, each community is different and must be left to
decide when and how these technologies are to be employed. The state should not
mandate the purchase or use of these technologies.
Education and Environment
We support funding public education in a manner which ensures students will be able
to compete in the global economy.

Public education is essential to keeping our local economies and communities strong.
We support the efforts of the Governor’s 50-Year Water Vision for water
quality/quantity planning and sustainability.

The Governor’s 50-Year Water Vision is a step in the right direction for ensuring the
availability and quality of this precious resource. However, it is imperative the
Governor’s Water Vision Team continually seek input from local governments in the
process of developing the plan. With the help of Kansas municipalities and counties,
the Governor can implement a water strategy that will benefit generations of Kansans
to come.
Packet Page 38
ITEM NO. 6 B
RESOLUTION NO.
A RESOLUTION ADOPTING THE 2016 FEDERAL LEGISLATIVE PROGRAM.
WHEREAS, the 114th United States Congress, second session will convene on
January 5, 2016; and
WHEREAS, many federal legislative issues affecting local government will be
considered; and
WHEREAS, the City of Lenexa has historically adopted a legislative program to
present to its representatives in Washington, D.C.; and
WHEREAS, the City Council desires to adopt the proposed 2016 Federal
Legislative Program attached hereto as Exhibit "A".
SECTION ONE:
That the 2016 Federal Legislative Program described in
Exhibit "A" attached hereto and incorporated herein by reference, is hereby adopted.
[SEAL]
ATTEST:
Packet Page 39
EXHIBIT A
2016 Federal Legislative Platform
Federal and municipal governments work together to provide citizens with many services
they require and have come to expect. As the local branch of government, we understand
the needs of our citizens and are equipped to respond to them effectively and efficiently.
We favor local decisions being made at the local level. We support the following positions
and advocate for them on behalf of those who live and work in our community.

We support local control over labor relations.



We support a federal solution creating a level playing field for brick-and-mortar businesses
and remote sellers using the principles advocated by the Streamlined Sales and Use Tax
Agreement.
We support the preservation of the tax-exempt status on municipal bonds.
We support adequate and continual funding of the Community Development Block Grant
(CDBG) program.

We support Congress fully funding all Federally-imposed mandates on local governments.
Public Safety



We support the preservation of local control over the method and manner in which police
and fire protection is provided in our community.
We support fully funding public safety initiatives and programs and believe that authority
for making crucial public safety funding decisions should reside at the local level.
We support the Congress fully funding law enforcement programs administered by the
U.S. Department of Justice and U.S. Department of Homeland Security.
Education

We support a public education system which ensures students will be able to compete in
the global economy.
Environment



We support adequate and continual funding of the Congestion Mitigation/Air Quality
(CMAQ) program.
We support adequate and continual funding of the Energy Efficiency and Conservation
Block Grant (EECBG) program.
We support efforts to study water quantity and quality planning and programming.
Transportation

We support the F.A.S.T. Act, as well as the establishment of a new, long-term and
sustainable transportation program with a dedicated funding source.
Packet Page 40
Telecommunications
 We support a balanced approach to telecommunications policies which allow new and
existing technologies to flourish while preserving traditional local regulatory authority
over public rights-ofway.
Why we support the following positions and advocate for them on behalf of those
who live and work in our community.
We support local control over labor relations.

Legislation which would impose binding arbitration on cities or require recognition of
bargaining units would unnecessarily preempt local authority. Existing Federal, State,
and local laws and municipal personnel procedures provide significant labor
protections.
We support a federal solution creating a level playing field for brick-and-mortar
businesses and remote sellers using the principles advocated by the Streamlined
Sales and Use Tax Agreement.

E-commerce has and will continue to significantly affect consumer trends. The
worldwide e-commerce market is expected to grow to $9.9 trillion by 2020. Tax
advantages given to online retailers have resulted in reduced municipal sales tax
revenues at a time when local governments rely heavily on this funding source to
provide services and infrastructure. In addition to suppressing tax revenues for
municipalities, not requiring “remote sellers” (those businesses selling over the internet
and/or by mail order) to collect sales tax on purchases creates a competitive
disadvantage for our local brick-and-mortar businesses. Online retailers and local
retailers should be treated uniformly. Since 2005, Kansas has participated along with
24 other member states, and the District of Columbia in an initiative to minimize the
costs and administrative burdens on retailers that collect sales tax, particularly retailers
operating in multiple states. The Streamlined Sales and Use Tax Agreement (SSUTA)
encourages remote sellers to collect tax on sales to customers living in the streamlined
states. It levels the playing field so that local and remote businesses operate under
the same rules. This Agreement ensures that all retailers can conduct their business
in a fair, competitive environment.
We support the preservation of the tax-exempt status on municipal bonds.

Tax-exempt municipal bonds are critical for local governments to finance needed
public safety equipment, roads, parks, and public buildings.
We support adequate and continuous funding of the Community Development Block
Grant (CDBG) program.

The Community Development Block Grant (CDBG) program has made it possible for
municipalities to leverage Federal funds with substantial local funds in order to
revitalize areas and inspire private investment in low to moderate income
neighborhoods.
Packet Page 41
We support the Congress fully funding all Federally-imposed mandates on local
governments.

The imposition of mandates, programs, or activities on local governments without
accompanying Federal funding is contrary to the spirit of the Constitution. Any function
or activity mandated by the Federal government upon municipalities should be fully
and continuously funded by the Congress.
Public Safety
We support the preservation of local control over the method and manner by which
police and fire protection is provided in our community.

Local police and fire professionals are the most qualified to address each
municipality’s unique public safety issues. Formulation and implementation of
operational policies and procedures to address local safety issues should be
performed at the local level.
We support fully funding public safety initiatives and programs and believe that
authority for making crucial public safety funding decisions should reside at the local
level.

Local public safety personnel are the first to respond to natural disasters, crime, and
acts of terrorism; and are often at the forefront of preventing criminal events. Funding
should be allocated in ways that allow public safety professionals and local officials to
protect their communities in the manner they deem most effective and efficient.
We support the Congress fully funding law enforcement programs administered by the
U.S. Department of Justice and U.S. Department of Homeland Security.

Law enforcement programs administered by these two agencies provide assistance to
state and local governments to enhance community policing,
prevent and control crime, improve the criminal justice system, and to prevent and
respond to potential acts of terrorism.
Education
We support a public education system which ensures students will be able to compete
in the global economy.

Public education is essential to keeping our local economies and communities strong.
Environment
We support adequate and continual funding of the Congestion Mitigation/Air Quality
(CMAQ) program.

Congestion Mitigation/Air Quality (CMAQ) funding is critical in protecting the region’s
air quality and addressing changes in Federal ozone standards. In FY 2015, the City
leveraged approximately $1.7 million in CMAQ funds to construct nearly $2.5 million
Packet Page 42
in projects benefitting the community; including street, trail and signal improvements.
Continued CMAQ funding is essential to progress in these areas.
We support adequate and continual funding of the Energy Efficiency and Conservation
Block Grant (EECBG) program.

This program allows the City to continue innovative efforts to meet long-term energy
efficiency and sustainability goals. Leveraging a grant from the EECBG program, the
City developed a “Guidebook of Quality Community Development Strategies” which
outlines several approaches to quality construction, development, and land use
planning. Additionally, the City also used EECBG funds to install energy efficient
lighting in City facilities.
We support efforts to study water quantity and quality planning and programming.

A national water conservation plan is needed to ensure the preservation of this
precious resource for future generations to use and enjoy.
Transportation
We support the F.A.S.T. Act, as well as the establishment of a new, long-term and
sustainable transportation program with a dedicated funding source.

Transportation plays a vital role in connecting the Kansas City metropolitan area’s
people and businesses to goods, services and attractions. Many of the region’s
transportation services and facilities are supported by Federal transportation funds.
While the City supports the $300 billion F.A.S.T. Act, a long-term and sustainable
funding source must be identified to properly fund the Federal Highway Trust Fund. It
is imperative that strategic investments be made in transportation systems and
services that are effective and efficient, balanced across all modes, safe, reliable, and
well-maintained.
Telecommunications
We support a balanced approach to telecommunications policy which allows new and
existing technologies to flourish while preserving traditional local regulatory authority
over public rights-of-way.

Congress should not restrict the authority of municipalities to manage public rights-ofway, collect fair compensation for their use, regulate the placement of
telecommunications services, or amend regulations that address emergent
technologies.
Packet Page 43
ITEM NO. 7
CITY COUNCIL
PACKET MEMORANDUM
DOCUMENT: Resolution
SUBJECT: Lenexa Civic Center Security Design Services Agreement
CONTACT PERSON: Todd Pelham, Deputy City Administrator
ACTION NEEDED:
Approval of resolution authorizing the Mayor to ratify an agreement with Henderson
Engineering for Security Design Services for the Lenexa Civic Center.
Staff is recommending ratification of an agreement entered into with Henderson
Engineering for Security Design Services associated with the Lenexa Civic Center.
Security Design Services will include the design of electronic physical security systems:
video surveillance, access control and intrusion detection.
An internal review committee led by our Owner’s Representative CBC Real Estate,
recently reviewed two (2) Security Design Services firms that responded to our Request
for Proposals for the Lenexa Civic Center Project. The review committee used several
criteria including project type experience, project team experience and availability, project
management practices, and a cost proposal for the documented deliverables listed in the
RFP. After this review and subsequent refinement of the desired deliverables, CBC Real
Estate Group has recommended Henderson Engineering as our Security Design Services
Agent for the Civic Center project.
A fixed fee of $50,000 has been agreed upon with both parties for the Engineering
Services component of the project. The fee will be paid out in monthly reimbursements
during the project, but is projected to be completed on or before June 30, 2017 after
execution of the contract.
Henderson Engineering will take into consideration the following Civic Center project
areas as part of their provision of Security Design Services: City Hall building (including
lobby/pre-function space, Council Chambers/auditorium, city offices and public market),
the Recreation Center (including indoor aquatics facility); Parking Structure; and Outdoor
Civic Plaza
The new Civic Center will provide a dynamic community destination for the citizens of
Lenexa combining civic, recreation, fitness, aquatics, education, and retail components
Packet Page 44
(including a Farmer’s Market). The Civic Center will establish an iconic civic presence,
contribute to the creation of a vibrant mixed use urban atmosphere and serve as a catalyst
for future development in City Center.
Estimated Total Project Cost - $75 million
Total Fixed Engineering Services Fee - $50,000
Reimbursable Expenses – $2,000
FINANCIAL IMPLICATIONS/FUNDING SOURCES:
3/8 cents Sales Tax approved in 2008
Capital Improvement Fund – Transfer from the General Fund
IF CIP PROJECT, PROJECT NUMBER:
80008, 80009, 80010, 80011, 80012
STAFF RECOMMENDATION: Staff recommends approval of the resolution.
Packet Page 45
RESOLUTION NO.
A RESOLUTION RATIFYING AN AGREEMENT WITH HENDERSON ENGINEERING,
INC. [“ENGINEER”] FOR DESIGN OF THE PHYSICAL SECURITY SYSTEM FOR THE
LENEXA CIVIC CENTER PROJECT.
WHEREAS, the City of Lenexa, Kansas has defined a need for professional
services to design the electronic physical security systems (“Security Design Services”)
for Lenexa Civic Center Project, which includes the Civic Building,
Community/Recreation Center, Parking Structure and the Outdoor Civic Plaza ; and
WHEREAS, City staff negotiated and executed an Engineering Services
Agreement [“Agreement”] to provide for the Security Design Services; and
WHERAS, Ratification of the Agreement is needed in order to authorize the
Agreement pursuant to City policy; and
WHEREAS, both parties have read and understand the terms and conditions of
said Agreement, which is attached hereto as Exhibit “A”, and made a part hereof by
reference.
SECTION ONE:
The City of Lenexa, Kansas, a municipal corporation, does
hereby approve and authorize the Mayor to ratify the previously executed Engineering
Services Agreement attached hereto as Exhibit “A” and incorporated herein by reference.
SECTION TWO: This resolution shall become effective upon adoption by the
Governing Body.
[SEAL]
______________________________
ATTEST:
____________________________
________________________________
Sean McLaughlin, Assistant City Attorney
Packet Page 46
ITEM NO. 8
CITY COUNCIL
PACKET MEMORANDUM
DOCUMENT:
SUBJECT:
Ordinance
Issuance of Industrial Revenue Bonds (Lenexa Logistics Centre Building
3)
CONTACT:
Doug Robinson, Chief Financial Officer
DATE:
December 15, 2015
ACTION NEEDED:
Approve the ordinance.
BACKGROUND/DESCRIPTION:
Stantine -113th KS Properties LLC submitted an industrial revenue bond application in
order to receive a sales tax exemption and 55% tax abatement (for 10 years) on
construction of Building 3 in the Lenexa Logistics Centre South. The Governing Body
approved the resolution of intent to issue the bonds (Resolution No. 2015-40) and the
property tax abatement on April 21, 2015.
The maximum bond issue size is $7 million and the bonds will be privately placed by the
applicant. The bond issue is scheduled to close on December 23, 2015.
FINANCIAL IMPLICATIONS:
Industrial revenue bonds are not backed by the full faith and credit of the City. The
applicant is responsible for repayment of the bonds and all fees related to the bond
issue.
Approval of the ordinance.
Packet Page 47
ORDINANCE NO. ______
AN ORDINANCE AUTHORIZING THE CITY OF LENEXA, KANSAS, TO
ISSUE ITS INDUSTRIAL REVENUE BONDS (TAXABLE UNDER
FEDERAL LAW), SERIES 2015 (STANTINE-113TH KS PROPERTIES
LLC), IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED
$7,000,000 FOR THE PURPOSE OF ACQUIRING, CONSTRUCTING
AND EQUIPPING A COMMERCIAL FACILITY, AND AUTHORIZING THE
EXECUTION OF CERTAIN DOCUMENTS IN CONNECTION WITH THE
ISSUANCE OF THE BONDS (BLDG 3, LENEXA LOGISTICS CENTRE
SOUTH– NW CORNER OF RENNER BLVD. & 113TH ST.).
WHEREAS, the City of Lenexa, Kansas (the “Issuer”) is authorized by
K.S.A. 12-1740 et seq., as amended (the “Act”), to acquire, construct, improve and equip
certain facilities (as defined in the Act) for commercial, industrial and manufacturing
purposes, to enter into leases and lease-purchase agreements with any person, firm or
corporation for such facilities, and to issue revenue bonds for the purpose of paying the
costs of such facilities; and
WHEREAS, pursuant to Resolution No. 2015-40 of the Issuer adopted on
April 21, 2015 (the “Resolution of Intent”), the Issuer expressed its intent to issue
approximately $8,000,000 to pay the cost of acquiring, constructing and equipping an
approximately 60,262 sq. ft. commercial industrial/warehouse and office facility located
at the northwest corner of Renner Boulevard and 113th Street in the Lenexa Logistics
Centre (the “Project”), described as Building 3 in the Lenexa Logistics Centre within the
City, for the benefit of Stantine-113th KS Properties LLC, an Illinois limited liability
company (the “Company”) and its successor or assigns, and further authorized the
execution of a Payment in Lieu of Tax Agreement between the Issuer and the Company
(the “PILOT Agreement”) providing for a property tax exemption for the Project subject
to certain conditions; and
WHEREAS, the Issuer has found and does find and determine that it is desirable
in order to promote, stimulate and develop the general economic welfare and prosperity
of the Issuer and the State of Kansas that the Issuer issue its Industrial Revenue Bonds
(Taxable Under Federal Law), Series 2015 (Stantine-113th KS Properties LLC), in the
aggregate principal amount of not to exceed $7,000,000 (the “Bonds”), for the purpose of
paying the costs of acquiring, constructing and equipping the Project as more fully
described in the Indenture and in the Lease hereinafter authorized for lease by the Issuer
to the Company; and
WHEREAS, the Issuer further finds and determines that it is necessary and desirable in
connection with the issuance of the Bonds to execute and deliver (i) a Trust Indenture
(the “Indenture”), with BOKF, N.A., Overland Park, Kansas, as Trustee (the “Trustee”),
prescribing the terms and conditions of issuing and securing the Bonds; (ii) a Lease
(the “Lease”), with the Company under which the Issuer shall cause the Project to be
acquired, constructed and equipped and leased to the Company in consideration of
payments of Basic Rent and other payments provided for therein; and (iii) a Bond
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Purchase Agreement providing for the sale of the Bonds by the Issuer to the Company
(collectively, the “Bond Documents”);
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE
CITY OF LENEXA, KANSAS AS FOLLOWS:
Section 1. Authority To Cause the Project To Be Acquired,
Constructed and Equipped. The Issuer is hereby authorized to cause the
Project to be acquired, constructed and equipped all in the manner and as
more particularly described in the Indenture and the Lease hereinafter
authorized.
Section 2. Authorization of and Security for the Bonds. The Issuer
is hereby authorized and directed to issue the Bonds, to be designated “City
of Lenexa, Kansas, Industrial Revenue Bonds (Taxable Under Federal Law),
Series 2015 (Stantine-113th KS Properties LLC)” in the aggregate principal
amount of not to exceed $7,000,000 for the purpose of providing funds to pay
the costs of acquiring, constructing and equipping the Project. The Bonds
shall be dated and bear interest, shall mature and be payable at such times,
shall be in such forms, shall be subject to redemption and payment prior to the
maturity thereof, and shall be issued in the manner prescribed and subject to
the provisions, covenants and agreements set forth in the Indenture. The
Bonds shall be special limited obligations of the Issuer payable solely from the
trust estate established under the Indenture, including revenues from the lease
of the Project. The Bonds shall not be general obligations of the Issuer, nor
constitute a pledge of the faith and credit of the Issuer and shall not be payable
in any manner by taxation.
Section 3. Execution of Bonds and Bond Documents. The Mayor
or acting Mayor of the Issuer is hereby authorized and directed to execute the
Bonds and deliver them to the Trustee for authentication on behalf of, and as
the act and deed of the Issuer, in the manner provided in the Indenture. The
Mayor or acting Mayor is further authorized and directed to execute and deliver
the Bond Documents on behalf of, and as the act and deed of the Issuer, in
substantially the forms on file in the office of the City Clerk, with such
corrections or amendments thereto as the Mayor or acting Mayor may
approve, which approval shall be evidenced by his execution thereof, and to
execute such other documents, certificates and instruments as may be
necessary or desirable to carry out and comply with the purposes and intent
of this Ordinance and the Bond Documents. The City Clerk or the Deputy City
Clerk of the Issuer is hereby authorized and directed to attest the execution of
the Bonds, the Bond Documents and such other documents, certificates and
instruments as may be necessary or desirable to carry out the intent of this
Ordinance under the Issuer’s official seal.
Section 4. Pledge of the Project and Net Earnings. The Issuer hereby
pledges the Project and the net earnings generated under the Lease to the payment of
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the Bonds in accordance with K.S.A. 12-1744. The lien created by such pledge shall be
discharged when all of the Bonds shall be deemed to be paid within the meaning of the
Indenture.
Section 4. Further Authority. The officials, officers, agents and
employees of the Issuer are hereby authorized and directed to take such
action, expend such funds and execute such other documents, certificates and
instruments as may be necessary or desirable to carry out the provisions of
this Ordinance and to carry out and perform the duties of the Issuer with
respect to the Bonds and the Bond Documents as necessary to give effect to
the transactions contemplated in this Ordinance and in the Bond Documents.
Section 6. Effective Date. This Ordinance shall take effect from and after its
final passage by the Lenexa City Council, signature by the Mayor and publication once in
the official newspaper of the Issuer.
PASSED by the Lenexa City Council on December 15, 2015.
SIGNED by the Mayor on December 15, 2015.
[Seal]
Attest:
David F. Bryant III, MMC, City Clerk
Dorothea K. Riley, City’s Bond Counsel
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ITEM NO. 9
CITY COUNCIL
PACKET MEMORANDUM
DOCUMENT: Resolution
SUBJECT: Resolution establishing a Special Benefit District for Mill Creek Road from Winchester
Street to Cottonwood Canyon Drive (Cottonwood Canyon Street SBD).
CONTACT PERSON: Sean McLaughlin, Assistant City Attorney
ACTION NEEDED: Adoption of the resolution establishing the special benefit district.
The City received a petition from the property owner of 100% of the land within the
proposed special benefit district (“SBD”) to construct Mill Creek Road and associated
improvements from Winchester Street to Cottonwood Canyon Drive. The proposed SBD
includes approximately 24.14 acres and is located between 87th Street and Prairie Star
Parkway and west of Renner Boulevard. The proposed improvements are described in
more detail in the petition and resolution, but generally include a public street
commencing at Winchester Street and extending southwesterly approximately 3,275 feet
(Mill Creek Road), a cul-de-sac road approximately 500 feet, landscaping, storm water
and similar municipal improvements (referred to as the “improvement”).
All of the property within the petition and proposed SBD is owned by Lenexa Land
Holdings, LLC but a portion of the property (approximately 17.5 acres) is under contract
for purchase by PPP-Lenexa, LLC. The property is scheduled to close in early 2016 and
the have received final plan approval for a single family villa project. The petition was
submitted by Lenexa Land Holdings, LLC with the consent and acknowledgement of PPPLenexa, LLC in accordance with their real estate contract and PPP-Lenexa, LLC agrees
to be bound by the Petition. However, if for some reason the property does not close
within 90 days of establishing this SBD, the City must repeal the SBD within 30 days
thereafter.
The maximum cost of the improvement is estimated to be $3,140,000. Because
this is a Maximum Assessment District, the maximum assessments are levied before
construction commences and then adjusted downward (if applicable) and certified after
construction is completed. The area to be assessed excludes right of way, easements,
parks and other common area. The term of the SBD shall be 15 years. The proposed
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allocation of assessment shall be in accordance with the percentages set forth below,
which shall be divided equally per square foot over the assessable area in each
development site:
Site Name
PPP-Lenexa, LLC
Lenexa Land Holdings, LLC multifamily
Lenexa Land Holdings, LLC commercial
Acres Assessment
17.46
59.4%
5.25
34.0%
1.43
6.6%
As part of the SBD approval, staff recommends the City Council waive the sealed
bid process. Staff believes the City can obtain better pricing using contractor(s) the
developer will have onsite for its private construction. The City will have final approval of
the contractor. Since this is a public project, the City will hold both the engineering and
construction contracts. Construction is estimated to occur next year.
FINANCIAL IMPLICATIONS/FUNDING SOURCES: The City will finance this project
with fifteen (15) year special obligation bonds payable by special assessments.
IF CIP PROJECT, PROJECT NUMBER:
TBD. Once the SBD is established a CIP
Project is created and will be included in the 2016-2020 CIP update.
establishing the district.
Staff
recommends
adoption
of
the
resolution
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RESOLUTION NO.
2015 -
A RESOLUTION DETERMINING THE ADVISABILITY OF CONSTRUCTING
CERTAIN MUNICIPAL IMPROVEMENTS IN THE CITY OF LENEXA, KANSAS, AND
AUTHORIZING SUCH IMPROVEMENTS IN ACCORDANCE WITH THE FINDINGS
OF THE GOVERNING BODY AND K.S.A. 12-6a01 ET SEQ. AND WAIVING THE
SEALED BID PROCESS FOR CONSTRUCTION OF SAID IMPROVEMENTS
(COTTONWOOD CANYON STREET SPECIAL BENEFIT DISTRICT)
WHEREAS, K.S.A. 12-6a02 authorizes the governing body of any city to make or
cause to be made municipal works or improvements which confer a special benefit upon
property within a definable area of the city and to levy and collect special assessments
upon property in an area deemed by the governing body to be benefited by such
improvements for special benefits conferred upon such property by any such
improvements or an area described in a petition submitted in accordance with K.S.A. 126a04 (c) and (d) and to provide for the payment of all or any part of the costs of the
improvements with the proceeds of such special assessments; and
WHEREAS, the City of Lenexa (“City”) has approved a Special Benefit District
Policy and Procedures setting forth the City’s guidelines in establishing a special benefit
district. The policy and procedures are set out in the City’s Administrative Policies as
GB05-C and AD04-B respectively (the “SBD Policy”); and
WHEREAS, a petition executed by 100% of the owners (the “Petitioner”) of all of
the property to be assessed (the “Land”) within the proposed improvement district (the
“Improvement District” or “District”), has been filed with the City Clerk requesting certain
improvements be made in accordance with K.S.A. 12-6a01 et seq.; and
WHEREAS, in accordance with K.S.A. 12-6a04(c), the petition includes (a) a
statement that the signers of the petition are the owners of 100% of the property proposed
to be included in the District and (b) acknowledgements that (i) the petition is submitted
pursuant to K.S.A. 12-6a04(c), (ii) the proposed District does not include all properties
which may be deemed to benefit from the proposed improvements and (iii) the signers’
names may not be withdrawn from the petition by a signer after the Governing Body
commences consideration of the petition or later than seven days after such filing,
whichever occurs first; and
WHEREAS, approximately 17.46 acres of the Land is under contract for purchase
(the “Contract”) by PPP-Lenexa, LLC (the “Purchaser”) and the petition was filed by
Petitioner with the acknowledgement and consent of the Purchaser and in accordance
with the Contract and Purchaser agrees to be bound by the terms of the petition upon
closing on the their portion of the Land; and
WHEREAS, K.S.A. 12-6a04(d) provides that upon receipt of a petition filed with
the City Clerk in accordance with K.S.A. 12-6a04(c), the Governing Body of the City may
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(a) make findings by resolution as to (i) the advisability of the improvements requested in
the petition, (ii) the nature of the improvements, (iii) the estimated cost, (iv) the boundaries
of the District, (v) the method of assessment, (vi) the apportionment of cost, if any,
between the District and the city-at-large, and (vii) whether the District includes all the
property which may be deemed to be benefited by the proposed improvements, and (viii)
the willingness of the signers of the petition to pay the costs of the proposed
improvements as set forth in the petition, and (b) order the improvements without notice
or public hearing; and
WHEREAS, the petition requests that the improvements be made without notice
and hearing as required by subsection 1 of K.S.A. 12-6a04; and
WHEREAS, the Governing Body finds it necessary to make its final findings by
resolution as to the advisability of the proposed improvements and finds and determines
it necessary to authorize the improvements; and
WHEREAS, pursuant to Charter Ordinance No. 52 and Lenexa City Code Section
1-9-B-2, the Governing Body may waive the sealed bid process on public improvements
when it deems it is in the best interests of the City to do so; and
WHEREAS, the Governing Body has determined that it is in the best interest of
the City to waive the public bidding process on the construction of the improvements
authorized herein so as to benefit from the efficiencies achieved from the use of the
development contractor for construction of the improvements.
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY
OF LENEXA, KANSAS:
SECTION 1. The Governing Body finds and finally determines that:
(a) It is advisable to make the following improvements: Acquisition and
construction of:
(1) a collector road referred to as Mill Creek Road located running from northeast
to southwest along the interior of the Improvement District starting at the
termination of existing Mill Creek Road and extending northeasterly a distance
of approximately 3,275 L.F. to Winchester Street. This road shall be
constructed as a two lane, twenty-eight (28) foot wide street from back of curb
to back of curb and including concrete curb and gutter and sidewalks, asphalt
pavement, street lighting, landscaping, associated utility relocation and
associated appurtenances; and.
(2) a road intersecting Mill Creek Road and extending south and southwesterly a
distance of approximately 550 L.F. to and including a cul-de-sac (the “Cul-deSac Road”). This Cul-de-Sac Road shall be constructed as a two lane, twentyeight (28) foot wide street from back of curb to back of curb and including
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concrete curb and gutter and sidewalks, asphalt pavement, street lighting,
landscaping, associated utility relocation and associated appurtenances; and
(3) approximately 3,100 L.F. of storm sewer drainage pipes and related
structures (manholes, inlets, detention, etc.) related to Mill Creek Road and
the Cul-de-Sac Road and associated utility relocation and associated
appurtenances; and
(4) preliminary and final engineering, environmental review and mitigation, title and
survey, staking, geotech including subsurface mine certification associated
with the Improvements and mine surveying, rock removal, retaining walls,
grading, erosion control, construction supervision, testing, bonds, permits and
fees, inspections, financing costs such as bond counsel, financial advisor, bond
and interest expenses and other related appurtenances. (Collectively the
foregoing shall hereafter be referred to as the “Improvements”).
Improvement costs shall not include right of way or required easements as the
Petitioner shall dedicate those at no cost to the City in accordance with Section
GB05-C-4.A.6 of the City’s SBD Policy. The Improvement shall be as reflected in
the final approved City plans, but is generally depicted on the attached Exhibit A.
(b)
The maximum cost of such Improvement is $3,140,000 (“Improvements Cost”).
(c)
The Improvement District in the City to be assessed for the cost of the
Improvement consists of approximately 24.14 acres and is legally described on
Exhibit B attached hereto and incorporated herein by reference.
(d)
The proposed method of assessment is to assess 100% of the Improvements Cost
to all properties within the Improvement District, as legally described in Exhibit B,
by square foot in the percentages described in the following chart excluding those
areas dedicated as public right of way, public parks, storm water retention or
detention areas, association common areas, publicly owned easements or similar
areas. The term of the Improvement District shall be 15 years. In accordance with
the Contract, Petitioner will sell approximately 17.46 acres within the Improvement
District to Purchaser. Upon closing on the sale of the land, the proposed allocation
of assessment shall be in accordance with the percentages set forth in Exhibit C,
which shall be divided equally per square foot over the assessable area in each
development site.
(e)
The apportionment of the cost of the Improvements, between the Improvement
District and the city-at-large, is: 100% against the Improvement District and 0%
against the city-at-large.
(f)
The Improvement District does not include all the property which may be deemed
to be benefited by the proposed Improvement.
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(g)
The persons or entities signing the petition are willing to pay the costs of the
proposed Improvement as set forth in the petition even though all property which
may be benefited by the proposed Improvement will not be assessed for the cost
of the Improvement.
(h)
All properties to be assessed within the Improvement District are specially
benefited by the proposed Improvement.
(i)
The persons or entities signing the petition to pay the cost of the proposed
Improvement requested the Improvement be made without notice and hearing as
required by subsection (1) of K.S.A. 12-6a04.
SECTION 2. The Improvement is authorized and ordered to be made in
accordance with the findings of the Governing Body as set forth in Section 1 of this
resolution. General obligation bonds or notes are authorized to be issued in an aggregate
amount not exceeding the maximum cost of the Improvements and the proceeds from
such notes or bonds may be used to reimburse expenditures made by the City 60 days
before and during the time after the date of this resolution in accordance with United
States Treasury Regulation 1.150-2.
SECTION 3. The approved maximum cost of the Improvements is the estimated
cost of the Improvements as set forth in this Resolution. The City Clerk shall prepare a
proposed assessment roll for the Improvements which shall set forth the proposed
maximum assessment against each lot, tract or parcel of land within the District for the
Improvements in the manner set forth in this Resolution based on such estimated cost
of the Improvements. The proposed assessment roll shall be maintained on file with the
City Clerk and be open for public inspection. Following preparation of the proposed
assessment roll, the Governing Body shall hold a public hearing on the proposed
maximum assessments after compliance with the notice provisions set forth in this
paragraph unless said hearing is waived by 100% of the properties and entities signing
the petition. Unless the public hearing is waived, the City Clerk shall publish notice of
the public hearing at least once not less than 10 days prior to the public hearing, and
shall mail to the owner of the property liable to pay the assessments, at its last known
post office address, a notice of the hearing and a statement of the maximum cost
proposed to be assessed all in accordance with K.S.A. 12-6a09.
SECTION 4. The City hereby waives the sealed bid process for construction of
the Improvement authorized herein, as provided by Charter Ordinance No. 52 and Code
Section 1-9-B-2, and authorizes staff to negotiate with a contractor for construction of the
Improvement.
SECTION 5. If the Purchaser does not acquire and close on the Land within ninety
(90) days of the passage of this Resolution establishing the District then the City shall
repeal this Resolution and dissolve the District.
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SECTION 6. This Resolution shall be published one time in the official City
newspaper, and shall also be filed of record in the office of the Register of Deeds of
Johnson County, Kansas.
PASSED by the Governing Body this 15th day of December, 2015.
[SEAL]
By:
Attest:
David F. Bryant, III, City Clerk
Approved As To Form
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Exhibit A - Depiction of Improvement
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EXHIBIT B
LEGAL DESCRIPTION OF THE SPECIAL BENEFIT DISTRICT
Parts of the Southwest One-Quarter the Northwest One-Quarter and the Northeast
One-Quarter of Section 31, Township 12 South, Range 24 East, in the City of Lenexa,
Johnson County, Kansas, more particularly described as follows:
Beginning at the Northeast Corner of said Southwest One-Quarter; thence South 01
degrees 11 minutes 07 seconds East along the East line of said Southwest OneQuarter, a distance of 252.76 feet to a point; thence South 88 degrees 49 minutes 29
seconds West a distance of 278.47 feet to a point; thence South 86 degrees 07 minutes
28 seconds West a distance of 109.14 feet to a point of curvature; thence along a curve
to the right, tangent to the last described course, having a radius of 365.00 feet, a
central angle of 31 degrees 23 minutes 03 seconds and a length of 199.93 feet to a
point on the East line of COTTONWOOD CANYON SECOND PLAT, a subdivision in
the City of Lenexa as recorded in book 200810 at page 001559 at the Johnson County
Register of Deeds, said point being on the South right of way line of Millcreek Road as
now established; thence North 28 degrees 57 minutes 04 seconds East, along the East
line of said COTTONWOOD CANYON SECOND PLAT, a distance of 50.02 feet to a
platted corner, said corner being a point of curvature; thence along a curve to the left
having a radius of 280.00 feet, a central angle of 38 degrees 48 minutes 01 seconds ,
an initial tangent bearing of South 62 degrees 43 minutes 13 seconds East, and a
length of 189.61 feet to a point; thence North 24 degrees 37 minutes 52 seconds East a
distance of 602.55 feet to a point; thence North 65 degrees 22 minutes 08 seconds
West a distance of 5.00 feet to a point; thence North 18 degrees 18 minutes 58 seconds
East a distance of 259.43 feet to a point; thence North 82 degrees 02 minutes 26
seconds East a distance of 144.94 feet to a point; thence North 69 degrees 07 minutes
22 seconds East a distance of 91.19 feet to a point; thence North 55 degrees 22
minutes 46 seconds East a distance of 81.56 feet to a point; thence North 79 degrees
09 minutes 18 seconds East a distance of 156.79 feet to a point; thence North 35
degrees 35 minutes 04 seconds East a distance of 135.36 feet to a point; thence North
22 degrees 22 minutes 30 seconds West a distance of 171.08 feet to a point; thence
North 66 degrees 12 minutes 45 seconds East a distance of 212.89 feet to a point;
thence North 30 degrees 40 minutes 54 seconds East a distance of 324.03 feet to a
point; thence North 43 degrees 06 minutes 39 seconds East a distance of 476.90 feet to
a point on the Westerly line of Tract A, CITY CENTER LENEXA FOURTH PLAT, a
subdivision in the City of Lenexa as recorded in book 201408 at page 000544 in the
Johnson County Register of Deeds; thence South 46 degrees 53 minutes 21 seconds
East (platted North 48 degrees 07 minutes 07 seconds West) along said Westerly line,
a distance of 244.25 feet to a platted corner of said Tract A; thence South 01 degrees
06 minutes 09 seconds East (platted North 02 degrees 25 minutes 37 seconds West)
along the West line of said Tract A and its Southerly extension thereof, a distance of
181.70 feet to a point; thence North 75 degrees 08 minutes 40 seconds West a distance
of 67.60 feet to a point; thence North 46 degrees 53 minutes 21 seconds West a
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distance of 146.11 feet to a point; thence South 73 degrees 15 minutes 58 seconds
West a distance of 70.79 feet to a point; thence South 14 degrees 35 minutes 32
seconds West a distance of 64.74 feet to a point; thence South 12 degrees 38 minutes
11 seconds East a distance of 422.90 feet to a point; thence South 00 degrees 10
minutes 15 seconds East a distance of 254.20 feet to a point; thence South 85 degrees
28 minutes 00 seconds West a distance of 299.82 feet to a point; thence South 29
degrees 19 minutes 23 seconds West a distance of 585.53 feet to a point; thence South
01 degrees 05 minutes 54 seconds East a distance of 172.43 feet to a point on the
South line of the Northeast One-Quarter of said Section 31; thence South 88 degrees
54 minutes 06 seconds West along said South line, a distance of 547.55 feet to the
point being the Point of Beginning, and containing 24.1483 acres, more or less.
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EXHIBIT C
ASSESSMENT PERCENTAGES
Site Name
PPP-Lenexa, LLC
Lenexa Land Holdings, LLC multifamily
Lenexa Land Holdings, LLC commercial
Acres
17.46
5.25
1.43
Assessment
59.4%
34.0%
6.6%
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ITEM NO. 10A
CITY COUNCIL
PACKET MEMORANDUM
DOCUMENT: Resolution approving Memorandum of Understanding (MOU)
SUBJECT:
Memorandum of Understanding (MOU) with the Board of Directors of the
Johnson County Library (JCL)
CONTACT PERSON:
Eric Wade, City Administrator
Action Needed: Passage of resolution.
Background/Description: City staff has been in discussions with JCL regarding its
possible construction of a new Lenexa library facility within the Civic Campus to
complement and enhance the other community recreational, cultural, social and civic
components that will be available as part of the City’s construction of the Civic Center.
JCL completed its Comprehensive Library Master Plan (“CLMP”) which identified the
relocation and construction of a new library facility in Lenexa (the “Lenexa Library”) as a
possible enhancement of existing library services. JCL shares the City’s vision for City
Center and would like to collaborate with the City to encourage a comprehensive civic
campus where people can interact and engage with one another. Constructing the new
Lenexa Library within the Civic Campus will help achieve this goal. In August 2015, the
Johnson County Board of County Commissioners (“BOCC”) passed its 2016 budget
which included a .75 mill increase to providing funding for the partial implementation of
the JCL CLMP and JCL has identified the Lenexa Library as its second priority in its list
of CLMP projects to construct.
On December 10, 2015, JCL unanimously approved the attached MOU. After approval
by the City, the MOU will need to be ratified and approved by the BOCC which is
tentatively scheduled for January 16, 2016.
The following summarize the highlights of the MOU:
 The Lenexa Library would be an approximately 40,000 s.f. facility constructed of
high quality materials and will be architecturally compatible with the City’s adjacent
Civic Center.
 JCL will submit to the City’s development and building permit review process and
will comply with the UDC, including the City Center Design Guidelines.
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


JCL will utilize the shared parking within the City’s civic garage to satisfy their daily
parking needs. The parties will enter into a subsequent agreement whereby JCL
will participate in an annual payment to assist with maintenance of the parking
garage proportionate to their use, but they will have responsibility for the
construction cost of the garage.
Lenexa will donate the approximate 0.5 acres for construction of the library.
The project contemplates the following key timelines:
o Approval of a property conveyance agreement within 6 months of the MOU with
closing 30 days prior to the date the Johnson County Public Building
Commission (PBC) would adopt resolutions to issue bonds for the project,
which is estimated to occur on August 3, 2018.
o PBC awards A/E Services Contract - Sept. 2017.
o JCL awards a construction contract - April 2019.
o Grand Opening of library facility – June 24, 2020
Financial Implications: The City will donate approximately 0.5 acres of its 4.9 acres
civic campus site. JCL will also utilize shared parking in the civic garage, to be
constructed by the City. The civic garage was designed and sized to accommodate use
by the library.
Staff Recommendation: This is an exciting opportunity for the Lenexa community. Staff
recommends approval.
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RESOLUTION NO. 2015- ________
A RESOLUTION APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A
MEMORANDUM OF UNDERSTANDING WITH THE BOARD OF DIRECTORS OF THE
JOHNSON COUNTY LIBRARY (JCL).
WHEREAS, City Center Lenexa is a mixed use, new urban development located
at the southwest corner of 87th St. Parkway and Renner Boulevard; and
WHEREAS, the City recently commenced construction of a new civic campus on
approximately 4.9 acres located south of 87th St. Parkway and west of Penrose Lane (the
“Civic Campus”); and
WHEREAS, the Civic Campus will be a multi-use project including two individual
buildings with shared plaza containing internal and external recreational, cultural, social
and civic components and an associated 500 space parking structure (the “Civic Center”);
and
WHEREAS, the Civic Campus was envisioned as a location wherein people can
interact and engage with one another; and
WHEREAS, in May 2015 JCL approved a Comprehensive Library Master Plan (the
“CLMP”) which identified the relocation and construction of a new library facility in Lenexa
(the “Lenexa Library”) as a possible enhancement of existing library services; and
WHEREAS, JCL and the City believe that the location of a new Lenexa Library
facility within Lenexa City Center and as part of the Civic Campus provides a unique and
beneficial opportunity for both parties and for the community, and will promote, stimulate
and further the general and economic welfare of the City; and
WHEREAS, the City would like to donate approximately 0.5 acres within the Civic
Campus to JCL to construct the Lenexa Library facility as contemplated in their CLMP;
and
WHEREAS, the City and JCL desire to enter into a Memorandum of Understanding
(“MOU”) regarding their intentions with respect to the Lenexa Library facility and their
responsibilities to each other, all as set forth in the MOU attached hereto as Exhibit A.
SECTION ONE: The City Council hereby approves and authorizes the Mayor to
execute the Memorandum of Understanding, attached hereto as Exhibit A and
incorporated herein by reference.
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SECTION TWO: This resolution shall take effect immediately upon passage and
its execution by the Mayor.
PASSED by the Lenexa City Council this 15th day of December, 2015.
[SEAL]
Attest:
Approved As To Form:
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ITEM NO. 10B
CITY COUNCIL
PACKET MEMORANDUM
DOCUMENT: Resolution approving Memorandum of Understanding (MOU)
SUBJECT:
Memorandum of Understanding (MOU) with the Board of Education USD 512
CONTACT PERSON:
Action Needed: Passage of resolution.
Background/Description: City staff has been in discussions about entering into an MOU
with SMSD regarding SMSD’s construction of a new natatorium/aquatics center in the
center block of 87th Street Parkway across from the City’s new recreational facility. The
aquatics center would complement and enhance the other community recreational,
cultural, social and civic components that will be available as part of the City’s construction
of the Civic Center.
At its Board meeting last night (12/14/15), the Board of Education unanimously approved
the attached MOU.
The following summarizes the MOU highlights:







The project will include a premiere competitive aquatic center capable of attracting
SMSD, state and regional events. It would include such amenities as a 50 x 25
meter indoor competition pool and diving wells, spectator seating for a minimum of
1,500 persons and on site parking.
The project will be constructed of high quality materials and will be architecturally
compatible with the City’s adjacent Civic Center.
The City will donate the approximately 1.9 acres for the project.
SMSD will submit to the City’s land use, development and building permit review
process in accordance with the UDC.
If SMSD desires to connect the aquatics center with the City’s recreational facility
by a pedestrian walkway, the City will work with SMSD to coordinate such access
by designing and constructing the City building to accommodate such connection.
SMSD will construct a parking facility on its property (or on adjacent property as
agreed to by the parties) to satisfy their daily parking needs. SMSD can utilize offsite parking to assist with overflow from large competition events.
Although the parties agree to work together on the timeframes, the project
contemplates the following key timelines:
o Approval of a property conveyance agreement within 3 months of the MOU and
closing within 30 days after SMSD submits for a building permit, which is
estimated to occur by January 1, 2017. There is a clawback provision if
construction does not occur.
o Final development plan approval by approximately September 2016.
o Commencement of vertical construction by approximately mid-July 2017.
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Financial Implications: The City will donate approximately 1.9 acres for the project.
Staff Recommendation: This project, especially when coupled with the library and the
city facilities, is an exciting opportunity for the Lenexa community. Staff recommends
approval.
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RESOLUTION NO. 2015- ________
A RESOLUTION APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A
MEMORANDUM OF UNDERSTANDING WITH THE BOARD OF EDUCATION OF
UNIFIED SCHOOL DISTRICT 512 (SMSD).
WHEREAS, City Center Lenexa is a mixed use, new urban development located
at the southwest corner of 87th St. Parkway and Renner Boulevard which incorporates
multiple hotels, restaurants and retail uses, offices and residential properties and
emphasizes walkability, density, sustainability and community; and
WHEREAS, the City recently commenced construction of a new civic campus on
approximately 4.9 acres located south of 87th St. Parkway and west of Penrose Lane (the
“Civic Campus”); and
WHEREAS, the Civic Campus is located south of 87th Street Parkway and east of
Winchester and is a multi-use facility consisting of two individual buildings with shared
plaza containing internal and external recreational, cultural, social and civic components
and an associated 500 space parking structure. The building to the west will include an
indoor aquatic center with leisure/wellness pool, play structures for children, water slide,
lazy river and lap swimming lanes; fitness facilities; large walking track, multiple multi-use
gymnasiums; youth, teen and senior programming (the “Recreation Center”); and
WHEREAS, the CITY is the owner of approximately 1.9 acres of real property
located within the center block of 87th Street Parkway, east of Winchester and directly
north of the City’s Recreation Center (the “Property”); and
WHEREAS, constructing and maintaining efficient facilities that enhance the
learning environment is a key component of SMSD’s approved Strategic Plan and
consistent with such Plan, SMSD desires to construct a competition quality district-wide
aquatics center; and
WHEREAS, in January 2015, voters approved a bond proposal providing funding
for the aquatics center; and
WHEREAS, SMSD would like to participate in the City Center Lenexa and
construct its aquatics center on the Property located at City Center; and
WHEREAS, the parties desire to enter into a Memorandum of Understanding
(“MOU”) setting forth their intentions with respect to their responsibilities to each other, all
as set forth in the MOU attached hereto as Exhibit A.
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SECTION ONE: The City Council hereby approves and authorizes the Mayor to
execute the Memorandum of Understanding, attached hereto as Exhibit A and
SECTION TWO: This resolution shall take effect immediately upon passage and
its execution by the Mayor.
PASSED by the Lenexa City Council this 15th day of December, 2015.
[SEAL]
Attest:
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APPENDICE
Minutes of the December 1, 2015 City Council Meeting for approval
Minutes of the November 30, 2015 Planning Commission Meeting as exhibit
Item no. 1a Exhibit
Item no. 1b Exhibit
Item no. 4 Agreement
Item no. 5 Exhibit
Item no. 10a Memorandum of Understanding
Item no. 10b Memorandum of Understanding
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MINUTES OF THE DECEMBER 1, 2015
CITY OF LENEXA, KANSAS CITY COUNCIL MEETING
LENEXA CITY HALL, 12350 W. 87TH STREET PARKWAY
The meeting was called to order at 7:00 p.m.
ROLL CALL
The following Councilmembers were present with Mayor Mike Boehm presiding:
Steve Lemons
Tom Nolte
Andy Huckaba
Diane Linver
Amy Slater
Mandy Stuke
The following Councilmembers were absent: Joe Karlin and Lou Serrone
Staff present included Eric Wade, City Administrator; Todd Pelham, Deputy City
Administrator; Mike Nolan, Assistant to the City Administrator; Danielle Dulin, Assistant
to the City Administrator; Beccy Yocham, Community Development Director; Tim
Green, Deputy Community Development Director; Cindy Harmison, City Attorney; Doug
Robinson, Administrative Services Director/CFO; Gary Ristow, Parks and Recreation
Director; Chuck William, Municipal Services Director; Nick Arena, Deputy Municipal
Services Director; Denise Rendina, Communications Manager; David Bryant, City Clerk
and other City Staff.
APPROVAL OF MINUTES
A motion was made to approve the minutes of the November 17, 2015 City Council
meeting by Councilmember Huckaba, seconded by Councilmember Lemons, and
unanimously approved.
MODIFICATION OF AGENDA
None
CONSENT AGENDA (Item Numbers 1 – 10)
1.
ACCEPTANCES FOR MAINTENANCE:
a.
87th Street & Southbound I-435 Project
Description: The 87th Street and Southbound I-435 Project consisted of the
construction of a southbound right-turn lane on the exit ramp as well as the
replacement of the traffic signal and the existing southbound right-turn lane was
re-marked as a second left-turn lane.
b.
Eastern Headwaters
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Description: Staff identified severe deterioration of the concrete drainage
channel that runs from 95th Street to Brentwood Drive. Several sections of the
concrete were repaired and/or replaced. Rusted pipes were lined to extend
their service life.
2.
2016 Cereal Malt Beverage license renewals.
Description: This is a request for renewal of CMB licenses for 2016.
3.
Change order approval for Pavement Management Program additional work.
Description: Approve Change Order No. 4 between the City and McAnany
Construction for additional work related to the Pavement Management Program.
4.
Resolution approving and authorizing the City Administrator to implement the
fiscal year 2016 pay plan. Resolution No.15-147
Description: The City’s pay plan is a key component in recruiting and retaining a
quality workforce. The 2016 pay plan would include a 2.75% merit pay increase for
employees receiving an annual performance rating of effective or higher. All merit
increases would be effective on the employee’s evaluation date in 2016. In addition,
any changes to the pay ranges and any pay plan adjustments for employees would be
effective on a date in 2016 determined by the City Administrator. Funding is sufficient
in the 2016 Budget to cover the proposed merit pay increases and any pay plan
adjustments.
5.
Resolution approving the contract for specific stop loss reinsurance for the City's
healthcare benefit plan during the 2016 plan term. Resolution No.15-148
Description: The City’s health benefits consultant requested proposals to provide stop
loss insurance for the self-funded health care plan. The purpose of stop-loss insurance
is to protect the city from financial liability in the case of severe specific claims loss.
Based on the proposals received, the staff is recommending a change to Unimerica
Insurance Company for specific stop-loss coverage.
6.
Resolution approving contracts for workers compensation excess coverage
insurance for the 2016 policy period. Resolution No.15-149
Description: The third party administrator for workers compensation requested
proposals to provide excess insurance for the self-funded workers compensation fund.
The purpose of excess insurance is to protect the city from financial liability in case of
severe workers compensation claims. Based on the proposals received, the staff is
recommending to remain with MidWest Employers Casualty for 2016.
7.
Resolution approving an agreement with Little Government Relations, LLC for
legislative advocacy services for the City. Resolution No.15-150
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Description: Staff wishes to continue the relationship with Little Government
Relations, LLC (LGR) to provide legislative research and advocacy services to the
City. Due to changes in state law, the contract has been restructured to reflect
reporting requirements for lobbyists. Furthermore, since LGR represents multiple local
government clients, provisions have been added to ensure LGR remains neutral on
issues where these clients’ policy agendas conflict.
8.
Resolution approving and authorizing the Mayor to execute an agreement for
2016 Parks Turf and Landscape Maintenance Services. Resolution No.15151
Description: On July 14, 2015, the City entered into an agreement with Arbor Masters
Tree and Landscape for turf and landscape services. The agreement had an initial term
of August 1, 2015 through December 31, 2015 with possible extensions for up to four
additional one year terms at the sole option and discretion of the City. This addendum
to the 2015 agreement is the first one year term extension for a not to exceed price of
$115,000. This addendum further amends the 2015 agreement by authorizing the City
Administrator to have the authority to execute future addendums for the extension of
the agreement in accordance with the remaining three optional one-year extensions.
9.
Resolution authorizing the Mayor to sign addendum 1 to the street light
maintenance agreement with Black and McDonald to perform street light
maintenance for 2016. Resolution No.15-152
Description: The current street light maintenance agreement with Black and
McDonald expires December 31, 2015 but provides for up to two one-year
extensions. This addendum will extend the street lighting maintenance contract for
another year until December 31, 2016.
10.
Ordinance authorizing the City to issue its industrial revenue bonds (taxable
under federal law), Series 2015 (College IJ, LLC), in the aggregate principal
amount of not to exceed $19,000,000 for the purpose of acquiring, constructing
and equipping two commercial office buildings, and authorizing the execution of
certain documents in connection with the issuance of the bonds (College
Crossing Business Park Buildings “I” and “J”). Ordinance No. 5493
Description: The City received an application from College IJ, LLC requesting the
issuance of industrial revenue bonds and the approval of a 55% property tax
abatement for 10 years for the construction of two commercial office buildings
consisting of industrial/warehouse and office uses located at the northwest corner of
College Boulevard and Strang Line Road, within the City. The Governing Body
approved a resolution of intent to issue the bonds and the property tax abatement on
June 17, 2014. The bond issue is scheduled to close on or around December 17,
2015.
A motion to approve consent agenda items 1 through 10 was made by Councilmember
Huckaba, seconded by Councilmember Slater and unanimously approved.
Councilmember Nolte arrived at 7:04 p.m.
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NEW BUSINESS
None
BUSINESS FROM THE FLOOR
None
COUNCILMEMBER REPORTS
Councilmember Huckaba reported that he will be serving on a broadband panel that will
be meeting at the Brookings Institute in Washington, D.C.
STAFF REPORTS
Legislative Platform
Mr. Nolan briefly reviewed the 2016 State Legislative Platform draft document with the
Governing Body.
Councilmember Lemons inquired how the election laws that were passed during the last
session will affect the City Council terms.
Ms. Harmison stated the law went into effect on July 1, 2015, but it does not affect the
Lenexa Governing Body until 2017. Ms. Harmison indicated that the election law changes
will be discussed at the December 8 Committee of the Whole meeting.
Arts consultant for the City Center project
Mr. Ristow reported that the Arts Council recommends the Governing Body hire an arts
consultant to develop a master plan for public art at the Civic Center project.
VISITORS
Mayor Boehm welcomed the following students to the meeting:
Nick Whiteside with Boy Scout Troop 181 and Joe McCabe, Boy Scout Merit Badge
Counselor.
Ada Sanabria, Zachary Kahtora, Nicholas Kahtora, Britney Kelsey, Cassidy Spreadbury,
Manpreet Thurra, Katie Addington, Jacob Bailey, Nam Nguyen, Nick Monroe, Desmond
Mayhew, Sagi Perez, Rosie Watson, Carter Murphy, Sonya Gabrechowski, Matt
Ferguson, Justin Malik, Brinley Weirick, and Emily Waren from Shawnee Mission
Northwest High School.
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Kieru Grooms, Bre Crisp, Anthony Giambalvo, Madison Hobbs, Yishayal Gibson,
Jordan Bell, and Dean Gilbert from Shawnee Mission North High School.
Merani Gragg from Shawnee Mission West High School.
STAFF REPORTS
Pavement Maintenance Program
Mr. Williams and Mr. Arena reviewed the City’s pavement maintenance program with the
Governing Body presenting maps, slides, collected data, new techniques, and cost
estimates for the program.
Mr. Williams stated as part of the program this year the city hired Stantec to drive every
street in the city with a mobile unit that has multiple sensors that assess the surface of
the pavement and the base of the road.
Mr. Arena reviewed the 2016 pavement management program which includes the use
Ultrathin Bonded Asphalt Surface (UBAS).
Mr. Arena stated there will be an increased focus on communication with the
neighborhoods and homeowners associations in the pavement management program in
2016.
EXECUTIVE SESSION
A motion was made by Councilmember Stuke to recess into Executive Session for 5
minutes to discuss a personnel matter regarding non-elected personnel with the following
staff members: Eric Wade, City Administrator and Danielle Dulin, Assistant to the City
Administrator. The motion was seconded by Councilmember Huckaba and approved
unanimously.
Meeting recessed at 8:42 p.m.
The Governing Body reconvened into the regular meeting at 8:47 p.m. with no votes taken
and no decisions made during the executive session.
A motion was made by Councilmember Lemons to accept the recommendation of the
City Administrator to appoint Jim Bowers as Human Resources Director with a start date
to be agreed upon by the City Administrator and Mr. Bower effective in January 2016.
The motion was seconded by Councilmember Huckaba and approved unanimously.
A motion was made by Councilmember Huckaba to recess back into Executive Session
for 20 minutes to continue discussion of a second personnel matter regarding non-elected
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personnel with no staff members present. The motion was seconded by Councilmember
Stuke and approved unanimously.
Meeting recessed at 8:50 p.m.
A motion was made by Councilmember Lemons to extend the second executive session
by 10 minutes. The motion was seconded by Councilmember Linver and approved
unanimously.
The Governing Body reconvened into the regular meeting at 9:20 p.m. and no votes were
taken and no decisions were made during the second executive session.
A motion to adjourn the meeting was made by Councilmember Linver, seconded by
Councilmember Lemons and unanimously approved.
Meeting adjourned at 9:20 p.m.
David F. Bryant III, MMC
City Clerk
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Chairman Don Oppliger called the regular meeting of the Lenexa Planning Commission
to order at 7:00 p.m. on Monday, November 30, 2015. The meeting was held in the
Council Chambers at Lenexa City Hall at 12350 W. 87th Street Parkway, Lenexa, Kansas.
Roll call was taken with the following members present:
Commissioner Horine
Commissioner Burson
Commissioner Leib
Commissioner Katterhenry
Vice-Chairman Poss
Chairman Oppliger
2 Vacancies
Roll call was taken with the following member absent:
Commissioner Hoffman
Staff members attending were:
Beccy Yocham, Director of Community Development
Tim Green, Deputy Director of Community Development
Magi Tilton, Development Review Administrator
Tim Collins, Engineering Construction Services Administrator
Rick Hauber, Planner III
Karen Gable, Planner III
Dave Dalecky, Planner II
Steven Shrout, Legal Clerk
APPROVAL OF MINUTES:
November 2, 2015
The minutes of the November 2, 2015 meeting were presented for approval. Hearing no
changes or corrections to the minutes of the regular meeting, Chairman Oppliger
entertained a motion to APPROVE the minutes as written. Moved by Commissioner
Horine, seconded by Commissioner Burson, and APPROVED by a majority voice vote.
CONSENT AGENDA:
1.
a.
Final Plan for Fairways at City Center Villas, located west of Renner
Boulevard and south of Winchester Street. PL 15-11 F
b.
Final Plat for Fairways at City Center Villas. PT 15-24 F
2.
a.
Final Plan for Arbor Lake Pool, deviation request, located at the southeast
corner of 92nd Street and Shady Bend Road. PL 15-12 F
b.
Final Plat for Arbor Lake Pool. PT 15-25 F
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3.
Final Plat for 109th Business Center, located at the southeast corner of 109th
Street and Mid America Drive. PT 15-23 F
4.
Final Plat for Lenexa Logistics Centre North, Second Plat, located at the
northeast corner of Ridgeview Road and College Boulevard. PT 15-26 F
5.
a.
Final Plan for Lenexa Logistics Centre, Fourth Plat, deviation request,
located at the southwest corner of Renner and College Boulevards. PL 15-11 FS
b.
Final Plat for Lenexa Logistics Centre South, Fourth Plat. PT 15-27 F
6.
Revised Final Plat for QuikTrip #242R, located at 15100 West 101st Terrace.
PT 15-09 FR
MOTION:
Chairman Oppliger entertained a motion to APPROVE Consent Agenda Item Numbers 1
thru 6. Moved by Commissioner Katterhenry, seconded by Commissioner Burson, and
carried by a majority voice vote.
END OF CONSENT AGENDA
REGULAR AGENDA:
7.
Preliminary Plat for Prairie View at Creekside, located at the northwest corner
of Gleason Road and Prairie Star. PT 15-02 P
APPLICANT PRESENTATION:
Doug Claussen of Creekside Woods Investors, addressed the Commission. He stated
they are excited about the opportunity to advance this development forward. The original
development of Creekside Woods was planned for approximately 75-80 acres at the
northeast corner of Clare and Prairie Star Parkway. They got through the first phase
which was mostly built and the economy stalled for several years. He stated their
engineering firm is here to answer any questions and talk more specifically about the
development. Overall, the plan is to finish the 14 existing lots in Phase 1 and then to build
and development in phases for the 55 adjacent acres to the east. They have organized
the HOA which had never really been done and have a management company to manage
it being First Services Residential. They are a big firm and have taken over all the
management of the HOA. They have begun to prepare the landscaping development in
Phase 1, the monument sign, the lights are back on, the sprinklers are being repaired and
a lot of the trees and plantings have been redone in recent weeks. They are slowly but,
surely progressing.
Shannon Buster of Lutjen addressed the Commission. Ms. Buster stated on the screen
is a copy of the plan. She stated they have been working closely with staff and are in
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agreement with the conditions in the report. They have worked out traffic circulation,
utility service, and stream buffer. She stated she would be happy to answer any
questions.
Administrator Tilton addressed the Commission stating that Prairie View at Creekside is
located between Clare and Gleason Roads, north of Prairie Star Parkway. It is part of a
larger 300-acre mixed use development formerly known as Prairie Star Village, which
was approved in 2002. A couple of the developments that carried on but, not under this
name, were Creekside Woods, St. James High School, and Patrician Village, now known
as Canyon Creek Highlands.
This is a preliminary plat encompassing approximately 58 acres and containing 176
single-family residential lots. The preliminary plat is also serving as the preliminary plan,
therefore the Commission is making a recommendation to the Governing Body regarding
consideration of this overall development plan.
The developer anticipates build-out of this subdivision will take approximately 5 years.
Development will begin on the east side, off of Gleason Road and it will include completing
construction of 92nd Street from where it currently dead-ends that will “T” into 92nd Terrace
and move eastward to Gleason Road.
With respect to deviations requested by the developer, the deviations are similar to those
approved for the Creekside Woods, 1st plat. The specific deviations shown on this
preliminary plat include:



a reduction in the lot width, to 56 feet;
a reduction in the minimum front yard setback, from 30 feet to 25 feet and on the
front and then for corner lots where there is a side street going from 20 feet to 15
feet; and
a reduction in the minimum lot size from 8,000 square feet to no less than 7,056
square feet. There is only one lot that is that small, there are lots between the
7,056 to 8,000 and there are lots that are greater than 8,000 square feet.
There are two street stubs shown on the property to the north. The stub provided for
Gander Street includes a temporary cul-de-sac on the property to the north. The
developer has had discussions with the property owner to the north as has staff and that
property owner is actually interested in developing his property in the future.
There is also a stub street that will align in the general location of the McCormack Drive
roundabout. A stub is not provided at the roundabout across from St. James High School.
The 2 tracts immediately west of the roundabout are owned by the city and offer
stormwater purposes and the remainder of the property both on the west and east sides
of the two tracts is zoned for non-residential development.
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92nd Street and 92nd Terrace are both classified as local collectors and therefore will have
sidewalks on both sides of the street.
Typically, we do not allow single-family residential driveways to connect directly to a
collector street. This preliminary plat shows 16 lots fronting on the south side of 92nd
Street. In this case, 92nd Street acts more like a local collector, “T-ing” into 92nd Terrace,
thus staff is accepting of the driveways in this specific instance.
There are many tracts shown on this preliminary plat that are proposed to be owned and
maintained by the Creekside Woods Homeowners Association. A neighborhood pool is
proposed to be constructed on Tract A, located roughly at the intersection of 92nd Terrace
and 92nd Street.
Before concluding staff’s presentation, I want to provide a little more information on a
broader scale. The yellow area on this slide represents the subject property. The red
line outlines the general alignment for future 91st Street, which will connect from Clare
Road to Gleason Road. 91st Street does not encumber the subject property, but is
important in understanding the larger area. Staff has had conversations with the property
owner directly north of the subject property regarding his interest in developing his
property and possibly a portion of the property even farther north currently owned by the
city. Lastly, the area shown in green represents areas that are, or are likely to be,
encumbered for stormwater purposes. As alluded to in the staff report, staff is looking at
developing a regional stormwater facility on property the city currently owns, those tracts
being these properties. If the city pursues a regional stormwater facility, it would be logical
that, due to its proximity and general topography, that the proposed subdivision could
make use of the regional facility. Thus the developer would be required to pay a fee
towards the development of the regional facility in lieu of constructing stormwater BMPs
within the proposed subdivision.
In conclusion, staff recommends approval of this preliminary plat for Prairie View at
Creekside subject to the comments outlined in the analysis section of the written staff
report being addressed with the final plat applications.
PLANNING COMMISSION DISCUSSION:
Commissioner Poss stated he could miss four roundabouts if he takes 92nd Street rather
than Prairie Star Parkway and asked if staff was concerned at all about traffic using that
as a cut through. It currently gets used as a drag strip and he believes it will get worse
and asked about the concern.
Engineering Administrator Collins stated that is part of the reasoning for allowing
driveways in this area, as somewhat of a traffic calming addition. As Administrator Tilton
mentioned, one of the main requirements when this development came in was that staff
would work with them on laying out the development, however it works best. Staff needed
to see a T intersection at 92nd Street and 92nd Terrace and need the connectivity to the
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north. Even prior to this group, with other development groups it had been discussed
allowing driveway access on 92nd to give it more of a residential feel. No driveways would
make it feel more like a curb to curb runway, staff wanted to give it more of a residential
feel and less of a cut through.
Commissioner Poss asked if it is correct that they are going to close out Phase 1 before
they start with the next portion or will they be done simultaneously.
Mr. Claussen stated that they would like to time how the houses are built and complete
first phase and then move to the new lots as they become available so they do not start
and stop.
Commissioner Poss asked if the first phase would take it all the way over to Gleason.
Mr. Claussen stated that is correct.
Commissioner Poss asked if they were still tidying up the landscape and if they still had
intentions of installing the landscaping as was originally approved for Creekside.
Mr. Claussen replied that is correct. They have done most of the clean up on Phase 1
for Creekside of the landscaping that has died and as things got built did not get
maintained. The rest of the landscaping will be done as it is built out. Part of the thought
process in starting on the east side by naming it Prairie View at Creekside was to give it
a little bit of a rebrand. It sat long enough that they thought they wanted to give
themselves every opportunity to make it successful, that is why the rebranding and to
make it new and exciting that ties in with what is already existing. They believe this plan
does that quite well.
Commissioner Poss inquired on the north side of 92nd Street running from Belmont to
Carbondale Street, he stated there is a pretty substantial amount of landscape there on
the original plan and asked if that would be done.
Mr. Claussen stated that their plan was to berm up that area with the spoils of the
basements of the homes that will be built there to give it a buffer. The original landscape
plan included that tract.
Commissioner Horine stated that staff made a comment in the report that the fence
adjacent to the open areas should be open fence such as wrought iron but, it is not a
stipulation. He thinks it is a good idea and asked if the developer agrees with as well.
Mr. Claussen stated he has not looked that far into it. He knows that the existing CCR’s
for Phase 1 discuss only cedar fencing, they will have to look into it. He stated as long
as it is consist to the entire development, it is most important that there is consistency.
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Commissioner Horine stated the point is where they have the areas that are buffer open
areas, you don’t want to have a six foot cedar fence. He stated storm drainage was
discussed as payment in lieu of. He asked if that was new as he does not remember that
happening.
Engineering Administrator Collins stated it is not something new, but it is not common as
staff does not have the opportunity to have regional facilities everywhere. This facility we
will be doing water quality along with detention and is unique to this area.
Commissioner Burson asked about the timing of the water quality and detention facility to
align with this build out.
Engineering Administrator Collins stated they are in discussions with city management,
we know this will be in place when this goes in.
Director Yocham stated we are in design on the final stormwater facilities to the north and
they should be ready to be under construction at the same time this project moves
forward.
Commissioner Katterhenry asked if they have the timing on the clubhouse itself, when
will it be started. Will it be started when a certain number houses are complete?
Mr. Claussen stated that a lot of the infrastructure would be built as part of Phase 1 which
encompasses that tract and then as they move into Phase 2 the pool and pool house
would actually be built.
Chairman Oppliger stated this is really great to see this project move forward in this area
and it is nice to see single-family rather than multi-family. He suggested when the
development moves toward the south that he remind those buyers that there is
commercial property north of Prairie Star Parkway. He stated staff and the Commission
are excited to see this move forward.
Mr. Claussen stated they are excited for it as well. It is a great location.
MOTION:
Chairman Oppliger entertained a motion to recommend APPROVAL of Preliminary Plat
for Prairie View at Creekside. . Moved by Commissioner Poss, seconded by
Commissioner Horine, and carried by a majority voice vote.
The meeting adjourned at 7:20 p.m.
Lu Anne Johnson, Recording Secretary
Beccy Yocham, Director of Community Development
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ITEM NO. 1A EXHIBIT
MEETING DATE:
November 30, 2015
CONSENT AGENDA ITEM:
PROJECT TITLE:
1 a and b
Fairways at City Center Villas
PROJECT # / REQUEST:
PT 15-24 F - Final Plat
APPLICANT:
Park Place Partners, LLC
David Rinne of Schlagel Associates, P.A.
PROPERTY ADDRESS:
OWNER:
Lenexa Land Holdings, LLC
STAFF PLANNER:
Rick Hauber
South of Winchester Street along Mill Creek Road
SUMMARY OF RECOMMENDATION
Staff recommends approval of the requested final plat.
PROJECT HISTORY AND BACKGROUND INFORMATION
Rezoning of this property and the companion preliminary plan was approved by the Governing Body in
October of 2015.
CURRENT ZONING:
RP-2, Planned Residential (IntermediateDensity) Zoning District
CURRENT USE:
Vacant
SITE AREA/DENSITY:
17.46 acres / 4.58 units per acre
PROPOSED ZONING:
N/A
PROPOSED USE:
40 two-family attached buildings (80 living units)
BUILDING SQUARE FOOTAGE:
Anticipated 1,600 to 2,100
COMPREHENSIVE PLAN RECOMMENDATION FOR AREA
Suburban Density Residential – Low density detached single-family housing not exceeding a gross
density of 3.5 dwelling units per acre.
VICINITY ZONING PATTERN:
North: RP-1, Planned Residential (LowDensity) Zoning District
South: R-1, Residential Single-Family
District and RP-1, Planned
Residential (Low-Density) Zoning
Districts
VICINITY LAND USE PATTERN:
Public and Open Space(Golf Course)
North:
South:
Public and Open Space(Golf Course)
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East:
West:
RP-1, Planned Residential (LowDensity) Zoning District
RP-1, Planned Residential (LowDensity) and RP-5, Planned
Residential (High-Rise High-Density)
Zoning Districts
East:
West:
Public and Open Space(Golf Course),
Vacant
Public and Open Space (Golf Course)
with future Suburban Residential
Development and future Multi-family
Development
FINAL PLAT ANALYSIS
The final plat conforms to the site layout proposed with the accompanying final plan and complies with
all applicable platting standards.
INFORMATIONAL COMMENTS:
1. Payment of Excise Tax will be required prior to release of the plat for recording.
2. The Park Fund contribution will be due at time of building permit.
3. A copy of the recorded plat must be provided to the City of Lenexa prior to release of any building
permits.
STAFF RECOMMENDATION
Staff recommends APPROVAL of this final plat.
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.0
47
1
. 9 83.4
0'
0'
10' U/
E
5'
77
.0
47
&
20
'B
.L
.
R=
3
Δ = L = 7 0 0. 0
13 1. 9 0
° 4 1' '
4'
65
00
.9
"
2'
10
'U
/E
3'
.6
28
S14°35'32"W
57.02'
TTE
83.60'
PLA
UN
D
S12°38
3
113.67
'54"W
'
An easement or license to enter upon, locate, construct and maintain or authorize the location, construction or maintenance and use of conduits, pipes, inlets, manholes, surface drainage
facilities and other similar facilities, upon, over and under those areas outlined and designated on this plat as "Drainage Easement" or "D/E", is hereby granted to the City of Lenexa, Kansas.
Drainage easements shall remain free of fences, shrubs, and other obstacles that would restrict the flow of drainage.
Tract "B" is hereby dedicated as "Drainage Easement" or "D/E" to the City of Lenexa, Johnson County, Kansas, or its designees.
18' S/E
15' L/E
'
422.9087.96'
S78°48
'11"E
25'
DEDICATION:
78.68'
CL
BK 10'
. 2 GA
00
S
90 EA
4,
PG SEM
. 0 EN
02 T
88
0
UNPLATTED
S43°06'39"W
11.42'
S55°51'00"E
53.07'
20' B.L.
4
An easement or license to enter upon, locate, construct and maintain or authorize the location, construction or maintenance and use of conduits, pipes, poles, wires, drainage facilities, ducts and
cables, and similar facilities, upon, over and under those areas outlined and designated on this plat as "Utility Easement" or "U/E" is hereby granted to the City of Lenexa, Kansas. No above
ground facilities associated with the uses herein permitted shall be constructed, located, or maintained in any area of the "U/E" that crosses or intersects with a "Drainage Easement" or "D/E".
A 10 foot wide Utility Easement or "U/E" is hereby dedicated to the City of Lenexa, Johnson County, Kansas, or its designees, off of lots or tracts adjacent to and parallel with all Street lines.
10' U/E
28 . 73 '
25' B.L.
2,714.54
R=175.00'
L=19.64'
Δ=6°25'46"
A
R=225.00'
L=0.73'
Δ=0°11'09"
ITB=S49°21'17"W
18' S/E
15' L/E
4,208.45
TRACT "B"
6.
An easement or license to lay, construct, alter, repair, replace and operate one or more sewer lines and all appurtenances convenient for the collection of sanitary sewage, over and through those
areas designated as "Sanitary Sewer Easement" or "S/E" on this plat, together with the right of ingress and egress over and through adjoining land as may be reasonably necessary to access
said easement and is hereby dedicated to the Consolidated Main Sewer District of Johnson County, Kansas or their assigns.
4'
10' U/E 51.6
TRACT "A"
13
Beginning at the Center of the said Section; thence South 01 degrees 11 minutes 07 seconds East along the East line of said Southwest One-Quarter, a distance of
252.76 feet to a point; thence South 88 degrees 49 minutes 29 seconds West a distance of 278.47 feet to a point; thence South 86 degrees 07 minutes 28 seconds West
a distance of 105.99 feet to a point; thence South 66 degrees 03 minutes 35 seconds West a distance of 44.04 feet to a point; thence North 83 degrees 56 minutes 25
seconds West a distance of 55.71 feet to a point; thence North 54 degrees 05 minutes 18 seconds West a distance of 44.30 feet to a point of curvature; thence
Northwesterly along a curve to the right, having an initial tangent bearing of North 73 degrees 29 minutes 36 seconds West, a radius of 365.00 feet, a central angle of 11
degrees 00 minutes 08 seconds and an arc length of 70.09 feet to a point on the East line of TRACT "D", COTTONWOOD CANYON, SECOND PLAT, a subdivision in the
City of Lenexa as recorded in book 200810 at page 001559 at the Johnson County Office of Register of Deeds; thence North 28 degrees 57 minutes 04 seconds East,
along the East line of said TRACT "D", a distance of 50.02 feet to a platted corner of said TRACT "D", said point being a point of curvature; thence Southeasterly along a
curve to the left, having an initial tangent bearing of South 62 degrees 43 minutes 13 seconds East, a radius of 280.00 feet, a central angle of 10 degrees 33 minutes 17
seconds and an arc length of 51.58 feet to a point; thence North 86 degrees 41 minutes 06 seconds East a distance of 53.96 feet to a point; thence South 83 degrees 56
minutes 25 seconds East a distance of 22.91 feet to a point; thence South 73 degrees 56 minutes 25 seconds East a distance of 38.34 feet to a point of curvature; thence
Northeasterly along a curve to the left, having an initial tangent bearing of North 83 degrees 14 minutes 57 seconds East, a radius of 280.00 feet, a central angle of 04
degrees 46 minutes 10 seconds and an arc length of 23.31 feet to a point; thence North 24 degrees 37 minutes 52 seconds East a distance of 602.55 feet to a point;
thence North 65 degrees 22 minutes 08 seconds West a distance of 5.00 feet to a point; thence North 18 degrees 18 minutes 58 seconds East a distance of 259.43 feet
to a point; thence North 82 degrees 02 minutes 26 seconds East a distance of 144.94 feet to a point; thence North 69 degrees 07 minutes 22 seconds East a distance of
91.19 feet to a point; thence North 55 degrees 22 minutes 46 seconds East a distance of 81.56 feet to a point; thence North 79 degrees 09 minutes 18 seconds East a
distance of 156.79 feet to a point; thence North 35 degrees 35 minutes 04 seconds East a distance of 126.53 feet to a point; thence South 41 degrees 59 minutes 53
seconds East a distance of 188.21 feet to a point; thence North 63 degrees 10 minutes 04 seconds East a distance of 62.11 feet to a point; thence North 48 degrees 10
minutes 04 seconds East a distance of 61.82 feet to a point; thence North 63 degrees 10 minutes 04 seconds East a distance of 62.90 feet to a point; thence North 78
degrees 10 minutes 04 seconds East a distance of 40.10 feet to a point of curvature; thence Northeasterly along a curve to the left, having an initial tangent bearing of
North 52 degrees 29 minutes 46 seconds East, a radius of 325.00 feet, a central angle of 62 degrees 05 minutes 24 seconds and an arc length of 352.19 feet to a point;
thence North 09 degrees 35 minutes 38 seconds West a distance of 86.57 feet to a point of curvature; thence Northwesterly along a curve to the left, tangent to the
previous course, having a radius of 175.00 feet, a central angle of 71 degrees 10 minutes 22 seconds and an arc length of 217.38 feet to a point; thence North 30 degrees
40 minutes 34 seconds East a distance of 26.60 feet to a point; thence North 43 degrees 06 minutes 39 seconds East a distance of 476.91 feet to a point on the West line
of TRACT A, CITY CENTER OF LENEXA FOURTH PLAT, a subdivision in the City of Lenexa as recorded in book 201408 at page 000544 at the Johnson County Office
of Register of Deeds; thence South 46 degrees 53 minutes 11 seconds East(Measured), North 48 degrees 07 minutes 07 seconds West(Platted), along the West line of
said TRACT A, a distance of 81.43 feet to a point of curvature; thence Southwesterly along a curve to the right, having an initial tangent bearing of South 49 degrees 21
minutes 17 seconds West, a radius of 225.00 feet, a central angle of 00 degrees 11 minutes 09 seconds and an arc length of 0.73 feet to a point; thence South 49
degrees 32 minutes 25 seconds West a distance of 136.14 feet to a point of curvature; thence Southwesterly along a curve to the left, tangent to the previous course,
having a radius of 175.00 feet, a central angle of 06 degrees 25 minutes 46 seconds and an arc length of 19.64 feet to a point; thence South 43 degrees 06 minutes 39
seconds West a distance of 27.38 feet to a point; thence South 23 degrees 06 minutes 39 seconds West a distance of 46.78 feet to a point; thence South 43 degrees 06
minutes 39 seconds West a distance of 11.42 feet to a point; thence South 55 degrees 51 minutes 00 seconds East a distance of 53.07 feet to a point; thence South 14
degrees 35 minutes 32 seconds West a distance of 57.02 feet to a point; thence South 12 degrees 38 minutes 11 seconds East a distance of 422.90 feet to a point;
thence South 00 degrees 10 minutes 15 seconds East a distance of 254.20 feet to a point; thence South 85 degrees 28 minutes 00 seconds West a distance of 138.76
feet to a point; thence North 45 degrees 27 minutes 45 seconds West a distance of 135.18 feet to a point of curvature; thence Southwesterly along a curve to the right,
having an initial tangent bearing of South 40 degrees 25 minutes 57 seconds West, a radius of 375.00 feet, a central angle of 11 degrees 44 minutes 34 seconds and an
arc length of 76.86 feet to a point; thence South 38 degrees 10 minutes 04 seconds West a distance of 54.14 feet to a point; thence South 63 degrees 10 minutes 04
seconds West a distance of 63.89 feet to a point; thence South 48 degrees 22 minutes 09 seconds East a distance of 64.49 feet to a point; thence South 29 degrees 19
minutes 23 seconds West a distance of 517.05 feet to a point; thence South 01 degrees 05 minutes 54 seconds East a distance of 172.43 feet to a point on the South line
of the Northeast One-Quarter of said Section 31; thence South 88 degrees 54 minutes 06 seconds West along said South line, a distance of 547.55 feet to the Point of
Beginning and containing 18.6436 acres, more or less.
Except that part lying below the top of the Farley ledge of limestone, or where such ledge does not exist, the projected plane thereof, as defined by a qualified geologist,
as conveyed to Lenexa Mine Holdings, LLC by Special Warranty Deed filed January 9, 2006, under Document No. 20060109-0002099 in Book 200601 at Page 002099.
The undersigned proprietor of the above described tract of land has caused the same to be subdivided in the manner shown on the accompanying plat which hereafter shall be known as
"FAIRWAYS AT CITY CENTER VILLAS ".
34.93'
20,914.12
"W
'25
32
Part of the Southwest One-Quarter the Northwest One-Quarter and the Northeast One-Quarter of Section 31, Township 12 South, Range 24 East, in the City of Lenexa,
Johnson County, Kansas, more particularly described as follows:
S88°35'39"W 119.93'
25'
86.57'
17,616.28
8
L/E
2
7'
38"E 86.5
7
________________________________
Notary Public
My Commission Expires:______________________
&
S/E
S09°35'
13,781.45
R
L =1
Δ = =2 7
71 17
°
9°
S4
S88°35'39"W 167.85'
76'
11,230.36
6
BE IT REMEMBERED, that on this _____ day of ___________________, 20____, before
me, the undersigned, a Notary Public in and for said County and State came Stephen R.
Hughes, Manager of Lenexa Land Holdings, L.L.C., a Limited Liability Company, organized
under the laws of the State of Kansas, with its principal place of business in the County of
Johnson, State of Kansas, who is personally known to me to be the same person who
executed the foregoing instrument of writing on behalf of said company, and such person
duly acknowledged the execution of same to be the act and deed of said company.
/E
S/E
N13°15'07"E
73.02'
6.80'
5.48'
'
8"W
N09°35'3
5
1
6 4.
9,762.61
25
36.88'
N
30 29°2
.4 2
1 '39
"E
)
)ss.
)
N43°06'39"E
28.10'
U/E
4
'
/E
,A
N63
'
10
9,993.36
25
6.80'
6 0.
59
'
5"E
2'2
9°3
N4
S23°06'39"W
46.78'
'
.10
11,373.43
"E
39
°06'
.78'
46
RO
XA
NE
LE T
A
ER PL
NT H
CE RT
Y OU
IT
F
C
S43°06'39"W
27.38'
5' S/E
2'
8 .1
17
0'
.0
0 0 . 7 1' "
7
=2 8
R =23 23 '0
L 8°
=6
Δ
2
3
'
20
'U
5
10
1
14,661.52
25
15' L/E
'
00 '
5. 3 8 2 "
. 2
'
10
AREA (SF)
1'
K
EE
CR
AC
T
ST
47.13'
N30°40'34"E
26.60'
ACKNOWLEDGMENT:
LOT #
D/E
28 . 3
______________________________________________
By: Stephen R. Hughes, Manager
COUNTY OF JOHNSON
N43°06'39"E
35.20'
25
'
25
'
U/E
D
TE
AT
PL
UN
Lenexa Land Holdings, L.L.C.
L
'
00
0. 4 ' "
4 6
2 5'4
'
41
IN TESTIMONY WHEREOF, Stephen R. Hughes, Manager of Lenexa Land Holdings,
L.L.C., has caused this instrument to be executed, this _____ day of
________________________, 20___.
STATE OF KANSAS
40
N4
3
_________________________________
David Bryant, City Clerk
EXECUTION:
SCALE 1" = 2000'
.86'
43 39"W
25
°06'
'
S63
'
________________________________
SECTION 31-12-24
LOCATION MAP
IL
M
E
Approved by the Governing Body of the City of Lenexa, Johnson County, Kansas, this _____ day
of ______________________, 20___.
41
PRAIRIE STAR PARKWAY
25
'
_____________________________
Don Oppliger, Chairman
°0
RENNER ROAD
RIDGEVIEW ROAD
SE1/4
PROJECT
LOCATION
5
TR
'
14
.
SW1/4
Approved by the Planning Commission of the City of Lenexa, Johnson County, Kansas, this ___
day of ____________________, 20___.
5'
4.0
C
NE1/4
13
TE
R
O
D
APPROVALS:
NW1/4
AD
'
ES
4
87TH STREET PARKWAY
25
'
CH
E
BY T
W RA
O A
R EP
S
U/E
DESCRIPTION:
W
IN
T
LO
U
LA
NP
N TRACT A
S4 48°
6° 07
53 '07
31
'1 "W
.1
1"
1'
E( (P)
M
50
)
.3
2'
81
3'
.4
25
1.2
3
13
'
ED
TT
Tracts "A" and "B" are hereby dedicated as "Utility Easement" or "U/E" to the City of Lenexa, Johnson County, Kansas, or its designees.
A 15 foot wide Landscape Easement or "L/E" is hereby dedicated to the City of Lenexa, Johnson County, Kansas, off of lots adjacent to and parallel with all Street lines. Maintenance of this "L/E"
shall be the responsibility of the Homeowner.
7'
"W 119.4
An easement or license to enter upon, locate, construct and maintain or authorize the location, construction or maintenance and use of landscaping, irrigation, conduits, pipes, drainage facilities,
retaining walls, golf cart paths and similar facilities, upon, over and under those areas outlined and designated on this plat as "Private Landscape and Access Easement" is hereby granted to the
Fairways Homes Association and to the adjacent golf course owner.
104.47
7 2 .03 '
S82°29'14
5
'
Tracts "C" and "D" are hereby dedicated as "Private Landscape and Access Easements".
DEVIATION
TYPE:
LOTS:
DEVIATION
REQUEST:
CODE
REQUIREMENT:
N84°11'55"W
2 ft.
7 ft.
FRONT YARD SETBACK
REDUCTION
1, 2, 3, 9, 24, 25 & 26
5 ft.
25 ft.
REAR YARD SETBACK
REDUCTION
1, 11, 17, 18, 19, 24, 25 & 26
5 ft.
20 ft.
RESTRICTIONS:
142.41'
R=
3
L = 2 5.0 0
35
'
Δ
I T B = 6 2 2 .19 '
=N ° 0 5 '
R=
2
52
L 350
°29 4"
Δ = = 4 4 4 .0 0 '
' 46"
72
.48
°4
E
5' '
7 3 . 43
'
2-11, 14-22, 26, 31-36 & 39
This plat shall not be filed by Records and Tax Administration unless filing is within 365 calendar days after the City of Lenexa Governing Body approval date, inclusive .
6
86.22'
There shall be no direct access to Mill Creek Road from lots 19 through 24.
N72°
'
58'44
"W
168.4
S00°10'15"E 254.20'
25'
B.L
.
.14
'
7
/E
'U
E
SH
ET
2
41'
N63°10'04"E
62.11'
3"E
6
14
S63°10'04"W
63.89'
5'
.9
.L.
15'
1.63
11
'
S63
°10'
04
"W
59
3.81
'
25'
'B
25
.01'
87
69'
233.
30'
10' U/E
15' L/E
.26'
93
'
20
.
B.L
121.38'
21
5.7
9'
S48°22'09"E
64.49'
S38°10'04"W
54.14'
UN
D
TTE
PLA
I HEREBY CERTIFY THIS PLAT WAS PREPARED
UNDER MY DIRECT SUPERVISION BASED ON A
FIELD SURVEY COMPLETED IN JANUARY 2015. THE
DETAILS SHOWN ARE TRUE AND CORRECT TO
THE BEST OF MY KNOWLEDGE AND BELIEF.
8
138.76'
S85°28'00"W
25'
'5
59
39
N6
1°3
9'3
5"W
CONSENT TO LEVY:
The undersigned proprietor of the above described land hereby consents and agrees that the Board of County Commissioners of Johnson County, Kansas,
and the City of Lenexa, Johnson County, Kansas, shall have the power to release such land proposed to be dedicated for public use from the lien and effect
of any special assessments, and that the amount of the unpaid special assessments on such land dedicated shall become and remain a lien on the
remainder of this land fronting and abutting on such dedicated public way or thoroughfare.
N
46.60'
'U
/E
10
'
10
/E
U
25
41'
E
SE
1°
S/E
15'
1
18 5' L/E
'S
/E
79
.00
'
86
'
:
NE
N48°10'04"E
61.82'
N
45
°2
7'4
R=375.00' 5"W
L=76.86'
13
5.
Δ=11°44'34"
18
'
ITB=S40°25'57"W
'
10
25
LI
40
S4
-
H
SurveyPropertyCornerSymbols
(M)
(P)
SET 1/2" REBAR W/LS-54 CAP
UNLESS OTHERWISE NOTED
FOUND MONUMENT BOX
EXISTING LOT AND PROPERTY LINES
EXISTING PLAT LINES
MEASURED
PLATTED
C
AT
N63°10'04"E
62.90'
M
FOUND 1/2" REBAR
N78°10'04"E
40.10'
CL 10' GAS EASEMENT
BK. 200904, PG. 002880
LEGEND:
Tracts "A", "B", "C" and "D" are to be owned and maintained by the Homeowners Association that serve this plat and are to be used for landscaping purposes.
All landscaping and related materials that are planted or constructed within ISLANDS in street right-of-way and Tracts "A", "B" "C" and "D" shall be maintained by the Homes Association or their
authorized representatives thereof. However, in the event that the HOA is not lawfully existing or fails to maintain these areas, then maintenance shall be the responsibility of the owners of all lots
within the platted area herein.
3'
74
42
.0 8
"
D
TE
AT
PL
UN
The use of all Lots and Tracts of land in this subdivision shall hereafter be subject to the covenants and restrictions which will be filed at the office of Records and Tax Administration of Johnson
County, Kansas and shall hereby become a part of the dedication of this plat as though fully set hereon.
21.07'
SIDE YARD SETBACK
REDUCTION
10' U/E
138.76'
0
50'
100'
Y
AR
N
LS-1268
MI
I
EL
PR
BASIS OF BEARINGS:
COTTONWOOD CANYON, SECOND PLAT
David A. Rinne - Land Surveyor
KS# LS-1268
Packet Page 85
35
'0
4"
10
E
'U
/E
12
86 6.5
.00
3'
'
N3
5°
4'
40
.5
6.04'
E. LINE SW 1/4 SEC. 31-12-24
25' B.L.
186.41'
/E
'
60.30'
10
'U
1'
0.9
12
'
.98
70
'
.7 6
51 5'
7.0
5'
1.0
10
9'2
3"W
S2
9°1
'B
.L.
84
.26
'
25
.39
'
84
.13
'
.72
'
55
.73
'
S01°05'54"E 172.43'
54
0'
2.0
16
3"E
/E
10
114.39'
30.84'
N87°29'44"E 254.13'
SE CORNER, NE 1/4, SEC. 31-12-24
FOUND 2" ALUMINUM MONUMENT
IN MONUMENT BOX
S. LINE, NE 1/4, SEC. 31-12-24
POINT OF BEGINNING
CENTER, SEC. 31-12-24
FOUND 1/2" REBAR
WITH ILLEGIBLE CAP
ATTED
UNPL
I HEREBY CERTIFY THIS PLAT WAS
PREPARED UNDER MY DIRECT
SUPERVISION BASED ON A FIELD SURVEY
COMPLETED IN JANUARY 2015. THE
DETAILS SHOWN ARE TRUE AND CORRECT
TO THE BEST OF MY KNOWLEDGE AND
BELIEF.
N
0
50'
10
'U
/E
25' B.L.
110 . 7 3'
35'
'
62
/E
U/E
15
'L
0'
.22
1'
84
S3
1°3
3'5
5"W
'U
/E
82
11
8.2
9'
N88°54'06"E 2093.65'
S01°11'07"E 252.76'
15' L/E
25
'
25
R = 2 0 0.
00'
L =17 3. 4 6
'
Δ = 49°4
1' 3 6 "
'S
/E
18
12 2.1
4
.
B.L
20'
'
.66
78
17
6.5
4'
.
B.L
S/E
&
10
/E
'L
15
.16
'
128.83'
N10°26
'58"E
'U
E
15'
L/
20'
B.L
.
51'
141.
10' U/E
9 0 .19 '
15' L/E
11
5.0
0'
12
'
70
.9
49
5'
46.1
U/E
10'
195.
45'
5"W
27'0
S22°
10'
U/E
15
7.2
7
N2 '
9°1
9'2
'
.9 0
94
33.5
4'
84.0
0'
& L/
E
1'
S/E
77.9
15'
17
16
10
'
.3 6
47
.
B.L
25'
84.0
CL
BK 10' G
. 20 AS
0904 EA
, P SEME
G.
0028 NT
80
87.0
6'
.55
'
602
2"E
7'5
87.0
6'
4°3
N2
S/E
U/E
20'
10'
6'
84.0
"
"E
CT
CL
BK 10' G
. 20 AS
0904 EA
, P SEME
G.
0028 NT
80
149.
36'
20'
S/E
"
"F
DR
CT
ON
TR
A
NY
CO
TT
O
SE NW
CO O
ND OD
PL CA
AT NY
O
N
CO
TT
ON
W
OO
D
CA
TR
A
TED
UNPLAT
7'
38 '
3.1
U/E
10'
'
15
3.
11
'
D
TTE
PLA
14
"W
78
149.
UN
2"W
2'26
6'
°2
S65
.6
CR
O
K R 172.56'
EE
S5
8°4
7'1
7"E
5'5
AD
TRACT "D"
6 4.
.
25' B.L9.20'
108.90'
86.21'
123.3
9'
°5
0'
37.8
7
10
U/E
15' L/E
18
6'
21'
180.
'
S66°03'35"W
44.04'
.L.
'
TRACT "C"
6'
22 7 .4
0'
0 .0
R = 20 9 . 5 8 '
7
"
L = 2 0 5' 3 3
°
Δ = 80
N13°16'37"W
4.42'
68 .16
S86°07'28"W
55.33'
'
9 9 . 60
'
0.0 0
R = 3 0 .6 5 '
L =108 5 ' 0 3 "
°4
Δ = 20
171. 9 2 '
10'
28
110.
L
MIL
36.19'
9'
S86°07'28"W 105.9
N83°56'25"W
55.71'
B
25'
L/E
.L.
25
171.97' 10' U/E
N88°54'06"E 258.18'
25'
25'
N54°05'18"W
44.30'
15'
B
20'
25'
LOT 29
R = 3 40
L =18 . 0 0 '
Δ = 31 4 . 8 8 '
° 0 9 '19
"
'55"
E 18
4.62
'
26
N03°52'32"W
7.54'
25'
R=365.00'
L=70.09'
Δ=11°00'08"
ITB=N73°29'36"W
N62°43'13"W
0.73'
S73°56'25"E
38.34'
S83°56'25"E
22.91'
25'
LOT 28
R=280.00'
L=51.58'
Δ=10°33'17"
MIL TR
ITB=S62°43'13"E
L C ACT
RE "D"
EK
RD
N28°57'04"E
50.02'
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S88°54'06"W 547.55'
'
27
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8"E
16
4.1
9'
12
1.5
9'
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32"W
32'5
5"E
169.
23
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TE
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PL
UN
61'
4 3. 9
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7.79'
S67°
N. LINE, SW, 1/4 SEC. 31-12-24
R=280.00'
N86°41'06"E
L=23.31'
Δ=4°46'10"
53.96'
ITB=N83°14'57"E
25'
15' L/E
28
S. LINE, NW, 1/4 SEC. 31-12-24
S88°48'05"W 2179.70'
3'0
4°3
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105.
0'
0 .0
= 6 .0 7 '
28
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61.8
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89.49'
SW CORNER, NW 1/4, SEC. 31-12-24
NW CORNER, SW 1/4, SEC. 31-12-24
FOUND 2" ALUMINUM MONUMENT
55"W
1.69'
N5
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7'1
7"W
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9.09'
5"E
144.
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56
20'
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R = 3 4 .2 3 9 "
2
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4 3.3 5 '
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N22
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N73°18'39"W
136.28'
5
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R=
2"W
N08°42'3
141.
25
'
100'
10' U/E
S88°49'29"W 278.47'
BASIS OF BEARINGS:
COTTONWOOD CANYON, SECOND PLAT
Y
AR
N
LS-1268
MI
EL
PR
I
David A. Rinne - Land Surveyor
KS# LS-1268
Packet Page 86
SH
EE
T
13
92
8'
4'
5"E
13.88'
6 4. 3 8 '
N73°18'39"W
132.74'
129.
35'
19
30
32'5
"E
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86'
20'06
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5 7. 5
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7.
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15'
13.59'
10
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0'
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90.93'
0'
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32'5
5"
S5
8°2
6'0
5"E
15
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1'4
2"W
9.93'
23
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23.00'
20
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6'
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15
8.5
1'
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&
15'
D/E
13
20'
91.2
9'
"E
76
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55
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N72°
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9
S/E
N5
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6'0
5"E
84
E. LINE, NW 1/4, SEC. 31-12-24
RENNER ROAD
RIDGEVIEW ROAD
W. LINE, NE 1/4, SEC. 31-12-24
66.17
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3'
259
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111.3
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8"E
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30'
14,073.96
TRACT "C"
1
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24
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17,642.13
23
6.9
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U/E
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.06'
12,244.52
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4.40
15'
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92
13,636.79
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37
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34
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12,790.32
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20
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17.88'
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93.2
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3.81
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11,764.89
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N77°1
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2.2
16
SET 1/2" REBAR W/LS-54 CAP
FOUND MONUMENT BOX
EXISTING LOT AND PROPERTY LINES
EXISTING PLAT LINES
MEASURED
PLATTED
15,994.90
27
27.6
9"E
2'4
9°3
S2
FOUND 1/2" REBAR
13,179.20
.94'
6"E 1442'
N82°02'2
85.3
4'
4.6
20
LEGEND:
-
16,979.98
2'
63.5
0"E
SCALE 1" = 2000'
(M)
(P)
26
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7'22
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N697'
7'0
7°5
S3
SECTION 31-12-24
15,154.55
11
LOCATION MAP
9
10
PRAIRIE STAR PARKWAY
AREA (SF)
81
56
PROJECT
LOCATION
LOT #
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FOUND 3 1/4" BRASS MONUMENT
IN MONUMENT BOX
87TH STREET PARKWAY
N78°10'04"E
40.10'
CL 10' GAS EASEMENT
BK. 200904, PG. 002880
1
ITEM NO. 1B EXHIBIT
MEETING DATE:
November 30, 2015
REGULAR AGENDA ITEM: 7
PROJECT TITLE:
Prairie View at Creekside
PROJECT # / REQUEST:
PT 15-02 P - Preliminary Plat
APPLICANT & OWNER:
Doug Claussen of Creekside Woods Investor, LLC
STAFF PLANNER:
Shannon Buster of Lutjen, Inc.
Karen Gable
PROPERTY ADDRESS:
Northwest corner of Gleason Road and Prairie Star Parkway
SUMMARY OF RECOMMENDATION
Staff recommends approval of the preliminary plat for Prairie View at Creekside.
PROJECT HISTORY AND BACKGROUND INFORMATION
CURRENT ZONING:
RP-1, Planned Residential (Low-Density)
Zoning District
CURRENT USE:
Undeveloped
ACREAGE:
58 +/-
PROPOSED ZONING:
NA
PROPOSED USE:
176 Single-Family Lots
HOUSING CLASSIFICATION:
E
This 58 acre project is part of an original development formerly known as Prairie Star Village, approved
in 2002. The Prairie Star Village concept plan proposed a mix of zoning districts over approximately 300
acres. Prairie Star Village is now called Creekside Woods.
The 2002 rezoning and concept plan included the subject 58 acres being rezoned from AG, Agricultural
Zoning District to RP-1, Planned Residential (Low-Density) Zoning District. Between 2002 and 2008, a
20-acre portion of the 58 acres was rezoned from RP-1 to RP-2, Planned Residential (IntermediateDensity) Zoning District and then back to its current zoning of RP-1. The preliminary plans changing
between a single-family concept to a 4-unit attached villa product.
In 2008 a revised preliminary plan was approved for a detached, single-family villa model, located on
much smaller, narrower lots requiring numerous deviations to setbacks, lot widths, lot area and overall
district density. The final plat was later withdrawn.
To the west of this project is Creekside Woods, 1st Plat, which was approved in August of 2004.
Packet Page 87
COMPREHENSIVE PLAN RECOMMENDATION FOR AREA
Suburban Density Residential – Low density detached single-family housing not exceeding a gross
density of 3.5 dwelling units per acre.
VICINITY ZONING PATTERN:
North: AG, Agricultural Zoning District
South: R-1, Residential Single-Family,
CP-O, Planned General Office and
CP-1, Planned Neighborhood
Commercial Zoning Districts
East:
RP-1, Planned Residential (LowDensity) Zoning District
West: RP-1, Planned Residential (LowDensity) Zoning District
VICINITY LAND USE PATTERN:
North:
Low-Density Residential – Farm and
single-family homes
South: Public and Open Space – Fire Station #3
Undeveloped
East:
West:
Suburban Density Residential - Reserve,
1st Plat
Suburban Density Residential –
Creekside Woods, 1st Plat
PRELIMINARY PLAT ANALYSIS
This preliminary plan consists of 176 Class E lots on 58 +/- acres for a density of 3.03 dwelling units per
acre. The proposed Class E ground floor area housing classification is consistent with the 1st Plat of
Creekside Woods. While the minimum ground floor area for Class E lots are as listed in the below table,
the Deed Restrictions for Creekside Woods provide for a slightly larger main floor minimum.
Housing Type E
UDC Requirements
1 Story
1,400 square feet
1 and 1/2 Story
1,000 sf ground floor
2 Story
750 sf ground floor
This subdivision is proposed to develop in three separate phases; starting from the east side abutting
Gleason Road and moving west over a projected period of 5 years. A connectivity stub to the property
to the north has been shown. The developer has indicated that the location of this connection has been
coordinated with the property owner. Appropriate right-of-way will be necessary from the northern
neighbor for the temporary cul-de-sac.
The Unified Development Code requires sidewalks on at least one side of a local street and both sides
of a collector street. 92nd Street and 92nd Terrace are classified as local collectors, sidewalks have
already been established on both sides of the street within the first plat and will need to continue through
and connect to Gleason Road. Staff would also note that per City Code the radii identified for cul-desacs should be 40 feet not the 39 feet shown. This should be corrected at final plat stage.
With respect to stormwater management, the developer is discussing options with the city to pay an “inlieu fee” for the property with the city constructing appropriate stormwater management facilities to serve
this property off-site to the north, north-west. If these discussions are worked out, the only stormwater
issue that would remain is the stream buffer located in the northeast portion of the property, which the
developer is showing the layout will work around. If these discussions are not concluded, then it is likely
a revised preliminary plat will be required which provides for appropriate stormwater management onsite.
Packet Page 88
The Homeowners Association and Declaration of Covenants, Conditions and Restrictions were approved
with the first plat of this subdivision and this new area will be incorporated into that association. No
changes to those documents are proposed.
Tracts A thru K have been identified as Homeowners Association parcels. Tract A is identified for the
pool and Tracts B-K are to be utilized for landscape and monument signs. All drainage, landscape and
utility easements and/or tracts will need to be properly identified on the final plat.
With single-family residential development, as noted in section 4-2-E-4 of the Unified Development Code,
a fence/buffer plan, with a minimum buffer depth of 15 feet is required adjacent to all collector and arterial
streets. The current preliminary plat suggests these buffer areas to be located on separate tracts. A
landscape buffer plan has been provided but a planting table for required planting areas will need to be
provided at the final plat stage.
At time of final plat, a complete fence design must be provided to include a standardized fence detail to
be utilized for individual lots adjacent to any fence/buffer or open space tracts. The landscape buffer plan
should establish the allowable location for fences on lots adjacent to these tracts. Staff recommends the
fence design be limited to open fencing such as wrought iron.
Tract A, designated for the subdivision pool provides a Type 4 Landscape Use Intensity buffer along the
interior property lines. More complete details regarding the design of the pool tract and building
improvements will be required with application for final plat review.
While the 2008 preliminary plan approved lot deviations for lot widths, front & side yard setbacks and to
the minimum lot size, the current preliminary plan will also be deviating from most of the same property
development regulations but on a smaller scale. Corner lots with 15-foot setbacks may not have a side
entry garage (this note will need to be added to the final plat(s)). No deviations greater than what were
already approved are being requested at this time:
Deviation
Type
Lot
Width
Interior Side
Setback
Front
Setback
Lot Size
Lots
All
All
All
All
Code
Requirement
70-foot interior
80-foot corner
Approved 2008
Deviations
45-foot interior
55-foot corner
Proposed 2015
Deviations
7-foot
5-foot
7-foot
30 feet for front streets
20 feet for side streets
8,000 sf
15 feet for side streets
5,108 sf
15 feet side streets
7,056 sf
56-foot
INFORMATIONAL COMMENTS:
1. A note should be added to the final plat stating that corner lots with a 15-foot setback may not have a
side entry garage.
2. Completion of the stormwater discussion with the city will be necessary prior to approval of any final
plats.
PRELIMINARY PLAN RECOMMENDATION
Packet Page 89
Staff recommends APPROVAL of this preliminary plat subject to issues discussed in the analysis section
of this report being properly addressed at time of final plat.
Packet Page 90
TEMPORARY CUL-DE-SAC
TEMPORARY EASEMENT
EXISTING TREELINE
TO REMAIN
EXISTING STREAM
AA TYPE 4 - IMPACTED
STREAM SEGMENT
TEMPORARY EASEMENT
EXISTING HOUSE
EXISTING STREAM
AA TYPE 3 - RESTORABLE
STREAM SEGMENT
EXISTING TREELINE
TO REMAIN
PHASE N3
PHASE N2
EXISTING TREELINE
TO REMAIN
PHASE N1
POOL
R/W NOT DEDICATED BY
RESERVE 2ND PLAT. WILL
REQUIRE SEPERATE
DEDICATION.
E S1
PHAS
PROPOSED
MONUMENT
SIGNS
PHASE S3
EXISTING STREAM
STREAM SEGMENT
PHASE S4
EXISTING TREELINE
TO REMAIN
PHASE S2
N2
PHASE
3.94 AC.
N3
PHASE
11.09 AC.
N1
PHASE
10.48 AC.
LAND
EXISTING TREELINE
TO REMAIN
EXISTING GLEASON
ROAD PUBLIC R/W
(0.64 ACRES)
SCAP
E
EASE MONUME
MENT
NT
S1
PHASE
1.70 AC.
S4
PHASE
9.44 AC.
S3
PHASE
10.36 AC.
S2
PHASE
10.76 AC.
EXISTING GLEASON
ROAD PUBLIC R/W
(0.64 ACRES)
30' EXISTING R/W
EXISTING STREAM
STREAM SEGMENT
FUTURE R/W
Packet Page 91
PLANT SCHEDULE
Packet Page 92
ITEM NO. 4 AGREEMENT
AGREEMENT BETWEEN UNITED COMMUNITY SERVICES OF JOHNSON COUNTY
AND THE CITY REGARDING ALCOHOL TAX FUNDS
This Agreement is made this 15th day of December, 2015, by and between United
Community Services of Johnson County, a Kansas not-for-profit corporation (“UCS”) and
the City of Lenexa, a Kansas municipal corporation (“City”).
WHEREAS, UCS performs research, leads community initiatives, guides the
allocation of resources and promotes public policy to strengthen the Johnson County
community and serves as the United Way's planning partner in Johnson County, Kansas;
and
WHEREAS, the City receives certain moneys from the State Alcoholic Liquor Fund
pursuant to K.S.A. 79-41a04, as amended, for which a portion of such funds must be
deposited in a special alcohol and drug programs fund in the City Treasury and expended
only for the purchase, establishment, maintenance or expansion of services or programs
whose principal purpose is alcoholism and drug abuse prevention and education; alcohol
and drug detoxification; intervention in alcohol and drug abuse; or treatment of persons
who are alcoholics or drug abusers or are in danger of becoming alcoholics or drug
abusers (“AT Funds”); and
WHEREAS, UCS has established the Drug and Alcoholism Council of Johnson
County (“DAC”), as a program to evaluate and recommend programs serving Johnson
County residents which meet the needs identified in state law for the expenditure of AT
Funds; and
WHEREAS, coordinating the expenditure of the City’s AT Funds with AT Funds of
other Johnson County communities is in the best interest of Lenexa residents and the
entire Johnson County area; and
WHEREAS, in consideration of payment of an administration fee, UCS has offered
the services of the DAC to provide this coordination and administrative oversight function
for the expenditure of City AT Funds in accordance with state law, in addition to the
coordination and expenditure of other such funds as the City may request.
NOW, THEREFORE, for and in consideration of the mutual covenants and
promises contained herein, and other good and valuable consideration, the City and UCS
understand and agree as follows:
1.
UCS Payment.
The City shall pay UCS Seven Thousand Sixty Seven and
No/100 Dollars (7,067.00) for coordination, administration and oversight
associated with the recommendation of appropriate agencies to receive AT Funds.
Packet Page 93
2.
Funded Agencies Payment. The City has estimated AT Fund allocations in the
amounts indicated in Exhibit A, attached hereto and incorporated herein by
reference for the identified agencies (“Funded Agency”). Such payments shall be
made by the City directly to the Funded Agency as funds become available. The
first quarterly payment will be made upon notification from DAC that the Funded
Agency has executed a written agreement with UCS (“Contract”). Subsequent
payments will be made on a quarterly basis after the City receives its AT Funds
from the State. In the event revenues from the Alcoholic Tax Fund are insufficient
to meet the estimated allocations, then the total obligation and amount payable
from the City to the Funded Agencies shall be reduced to an amount the City
deems appropriate. If this should occur, the City shall not be responsible to UCS,
DAC nor any of the Funded Agencies for any amounts in excess of the reduced
amount, regardless of the amount allocated. In addition, as a condition of receiving
payment, the Funded Agencies must be in compliance with their UCS Contracts
and if UCS becomes aware or has reason to believe that a Funded Agency is not
in compliance with its Contract, UCS shall notify the City in writing of such concerns
and the City may withhold any future payment until a determination of compliance
is made and the Funded Agency is confirmed to be in compliance. If a Funded
Agency is not able to obtain Contract compliance prior to a quarterly payment, the
City shall not make any further payments to the non-compliant Funded Agency and
the City may, but shall have no obligation, once the Funded Agency obtains
Contract compliance, remit previously withheld payments to the Funded Agency.
3.
UCS shall designate DAC as the entity responsible for carrying out the following
functions and responsibilities:
a. DAC shall provide the City with copies of all agendas of 2016 DAC meetings;
copies of all minutes of 2016 DAC meetings; and copies of all reports generated
by DAC in 2016.
b. DAC shall execute Contracts with each Funded Agency receiving AT Funds
from the City. Such Contracts shall, at a minimum, include provisions
regarding: compliance with K.S.A. 79-41a04, as amended; submission of
semi-annual reports; an indemnification and hold harmless clause,
indemnifying both the City and DAC/UCS for misuse of funds or claims arising
out of the distribution of the funds; and an acknowledgment that the amount of
allocated AT Funds may be reduced at any time, without recourse, based upon
availability of funds as described in Section 2 herein.
c. DAC shall monitor the outcomes of each Funded Agency which formed the
basis for their recommendation for funding.
d. DAC shall provide the City with semi-annual statements verifying that each
Funded Agency is meeting the outcomes for which they were selected. The
semi-annual statements shall be provided to the City on or before August 5,
2016 and February 3, 2017, unless otherwise agreed by the parties.
Packet Page 94
e. UCS shall maintain all semi-annual reports submitted by the Funded Agencies,
as well as any reports generated by DAC regarding the matters set forth in this
Agreement, for a period of three (3) years from the date of this Agreement.
4.
Governing Law.
This Agreement shall be governed by and construed under
the laws of the State of Kansas.
5.
Relationship of Parties.
UCS and DAC, their officers, employees, agents and
assigns are engaged and retained as independent contractors and not as officers,
agents or employees of the City.
6.
Inspection. The City or its duly authorized agents may, upon reasonable request,
inspect all books and records of UCS for compliance with this Agreement. The
City reserves the right for the City, or its designee to inspect or otherwise audit the
records of UCS and DAC related to this Agreement for a period of three years from
and after the date of this Agreement. This provision shall survive termination of
this Agreement.
7.
Term of Agreement.
through March 1, 2017.
8.
Designation of Project Representative. The City designates Assistant to the City
Administrator, Danielle Dulin, as the person responsible to receive all
documentation required under this Agreement, including the semi-annual
statements. The Assistant to the City Administrator shall also have authority to
transmit instructions and define policies and decisions of the City.
9.
Termination.
This Agreement may be terminated by either party, at any
time, without cause, by giving thirty (30) days prior written notice to the other party
of its intention to terminate the Agreement.
10.
Indemnification.
Each party shall indemnify and hold harmless the other for
claims and damages arising out of their own negligence, or that of their employees,
officers, agents or assigns, in the performance of its duties as set forth under this
Agreement.
11.
Insurance. UCS shall maintain throughout the duration of this Agreement
general and professional liability insurance in the minimum amount of $500,000
per occurrence.
12.
Notice.
Whenever any provision of this Agreement requires the giving of
written notice, it shall be deemed provided if delivered in person, sent by facsimile
or sent by registered or certified mail, postage prepaid, to the following:
This Agreement shall be in effect from January 1, 2016
City of Lenexa, Kansas
Attn: Danielle Dulin, Assistant to the City Administrator
12350 W. 87th St. Pkwy.
Lenexa, KS 66215
Packet Page 95
Voice: (913) 477-7553
Fax (913) 477-7639
[email protected]
UCS (or DAC)
Attn: Karen Wulfkuhle, Executive Director
12351 W. 96th Terr., Suite 200
Lenexa, KS 66215
Voice: (913) 438-4764 X105
Fax (913) 492-0197
[email protected]
13.
Modification. This Agreement may not be modified or amended except in writing
mutually agreed to and accepted by both parties to this Agreement.
14.
Entire Agreement. This Agreement constitutes the entire agreement between the
parties and supersedes all prior agreements, whether oral or written, covering the
subject of the calendar year 2016 Alcohol Tax Fund (AT Fund) allocations of the
City as recommended by the Drug and Alcoholism Council of Johnson County
(DAC). This agreement does not negate, terminate or replace the agreement
between the City and United Community Services of Johnson County dated
December 16, 2014, which agreement remains in force and effect until terminated
as provided therein.
In Witness Whereof, the parties have signed their names on the day and year first above
written.
UNITED COMMUNITY SERVICES
OF JOHNSON COUNTY (“UCS”)
By:
By:
Karen Wulfkuhle, Executive Director
________
Packet Page 96
These agencies have been selected to receive AT Funds from the City of Lenexa in the following
estimated allocations, as recommended by the Drug & Alcoholism Council, November 6, 2015.
2016 AT FUNDS DISTRIBUTION – City of Lenexa
AGENCIES
Preferred Family Healthcare
Friends of Recovery
The Family Conservancy
Heartland Regional Alcohol & Drug Assessment
Center
Gillis Center (Intensive Family Counseling)
Johnson County Mental Health Center
Adolescent Center for Treatment
Adult Detoxification Unit
Adult Dual Diagnosis
Prevention Center
Johnson County Court Services
Marillac
First Call
SAFEHOME
Johnson County Dept. of Corrections
Kids TLC
Mirror, Inc.
Artists Helping the Homeless
Johnson County District Attorney
SCHOOLS
De Soto School District
Olathe School District
Shawnee Mission School District
TOTAL
$6,743
$2,913
$2,589
$8,520
$4,369
$18,462
$19,559
$7,930
$7,282
$6,680
$2,185
$1,821
$1,508
$904
$3,249
$8,862
$728
$601
$10,671
$1,916
$3,816
UCS/DAC Administration
$7,067
TOTALS
$128,375
*Note: if AT Funds received by the City are insufficient to meet these estimated allocations, the amount of
Funds distributed shall be adjusted by the City, at the sole discretion of the City, without recourse by the
Funded Agency per Section 2 of the Agreement. Language to this effect will be included in any Contract
between the Funded Agency and UCS/DAC.
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ITEM NO. 5 EXHIBIT
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ITEM NO. 10A MOU
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ITEM NO. 10B MOU
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (the “MOU”) is entered into this ____ day of
________________, 20___, by and between the City of Lenexa, Kansas with its
principal office located at 12350 W. 87th Street Parkway, Lenexa, Kansas 66215
(“CITY”) and the Board of Education of Unified School District 512, Johnson
County, Kansas with administrative offices located at 7235 Antioch Road,
Shawnee Mission, Kansas 66204 (“SMSD”).
RECITALS
WHEREAS, the CITY is a Kansas municipal corporation and is authorized
to enter into this MOU by the powers vested in it by Article 12, Section 5 of the
Kansas Constitution and by Charter Ordinance 55; and
WHEREAS, SMSD is a unified school district organized in accordance with
the laws of the state of Kansas and is authorized to enter into this MOU by the
powers vested in it by Article 6, Section 5 of the Kansas Constitution and by K.S.A.
72-8201 et seq.; and
WHEREAS, the CITY is the owner of approximately 1.9 acres of real
property located east of Winchester St. within the center block of 87th Street
Parkway (the “Property”) which is within the Lenexa City Center development and
is legally described on Exhibit A, attached hereto and incorporated herein by
reference; and
WHEREAS, Lenexa City Center is a mixed-use development which
incorporates multiple hotels, restaurants and retail uses, offices and residential
properties and emphasizes walkability, density, sustainability and community,
including the CITY’s Civic Center Project (the “Civic Center”) which commenced
construction on July 28, 2015; and
WHEREAS, the Civic Center is located south of 87th Street Parkway
adjacent to the Property and is a multi-use facility consisting of two individual
buildings with shared plaza containing internal and external recreational, cultural,
social and civic components and an associated 500 space parking structure (the
“Civic Garage”). The building to the west will include an indoor aquatic center with
leisure/wellness pool, play structures for children, water slide, lazy river and lap
swimming lanes; fitness facilities; large walking track, multiple multi-use
gymnasiums; youth, teen and senior programming (the “Recreation Center”); and
WHEREAS, constructing and maintaining efficient facilities that enhance
the learning environment is a key component of SMSD’s approved Strategic Plan
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and consistent with the Plan SMSD desires to construct a competition quality
district-wide aquatics center; and
WHEREAS, in January 2015, voters approved a bond proposal providing
funding for the aquatics center; and
WHEREAS, the parties desire to enter into this MOU setting forth their
intentions with respect to their responsibilities to each other and this MOU
memorializes the same subject to the terms, conditions and subsequent
agreements as described herein.
NOW, THEREFORE, for the mutual promises and covenants contained
herein, the parties agree as follows:
1.
PROJECT. SMSD intends to construct a premiere competitive
aquatic center capable of attracting not only SMSD, but State and Regional events
as well (the “Project”). The Project will include such amenities as a 50 x 25 meter
indoor competition pool and diving wells, spectator seating for a minimum of 1,500
persons and on-site parking. The Project will be constructed of high quality
materials and architecturally compatible with the CITY’s adjacent Civic Center. A
general site plan depicting the Project is attached hereto as Exhibit B and
A.
Development Review Process. SMSD agrees to submit to the
land use, development and building permit review and approval process related to
the Project in accordance with the City’s Unified Development Code.
B.
Connective Walkway.
If SMSD desires to connect its Project
with the CITY’s Recreation Center by a pedestrian walkway, the CITY will work
with SMSD to coordinate such access by designing and constructing its Recreation
Center to accommodate a connection to a pedestrian walkway.
C.
Parking.
(1)
SMSD will construct a parking facility on the Property or on
adjacent property as agreed to by the parties to accommodate the daily
parking needs of the Project.
(2)
Substantial off-site parking will assist SMSD with overflow
parking resulting from large competition events held at the Project.
2.
LAND CONVEYANCE.
The CITY will convey the Property
to SMSD at no cost, to allow SMSD to construct the Project defined herein. The
City will work with SMSD to identify potential sites to address overflow parking
associated with large events.
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A.
Public Purpose.
The City finds that use of the Property by SMSD,
a public school district, for a competition quality aquatics center is a good public
use and further finds that such Project and the patrons thereof will be beneficial to
the City’s City Center development, including but not limited to the retail, restaurant
and hotel uses.
B.
Value. The Property has an approximate value of $1,020,000.00
based upon recent sales in the area but will be donated by the CITY to SMSD for
this Project consistent with the provisions of this MOU.
C.
Conveyance.
(1)
SMSD, may, but is not obligated to, secure Title Insurance
and/or an ALTA Survey on the Property, but shall do so at its expense.
(2)
The CITY and SMSD shall enter into a Property Conveyance
Agreement within ninety (90) days after execution of the MOU. The
conveyance (or “Closing”) will occur within thirty (30) days after SMSD
makes application to the CITY for a building permit. To facilitate the
development and building plan approvals, the CITY shall grant SMSD the
right to make application for all of its development plan approvals and
building permit submission prior to Closing. At Closing, the City will provide
all documentation necessary to transfer the property to the Shawnee
Mission School District.
(3)
Closing is anticipated to occur in calendar year 2017. At
Closing, the Parties shall prorate the ad valorem real estate taxes and
special assessments on the Property as of the date of Closing. This MOU
imposes no responsibility on SMSD for payment of any ad valorem real
estate and special assessments on the Property SMSD would not otherwise
have by law.
D.
Re-Conveyance.
If construction of the Project is not commenced
(defined to mean vertical construction and not mere site grading) by July 31, 2017,
unless extended by the CITY and SMSD in writing, and thereafter diligently
pursued to completion (defined to mean acting to maintain an active building
permit) then, within thirty (30) days of written notice from the CITY, SMSD shall
diligently pursue completion or re-convey the Property to the CITY subject to the
same title exceptions and matters of record (including special assessments and
taxes not yet due and owing) as when said Property was transferred to SMSD, at
no cost to the CITY. City shall not unreasonably withhold extension of building
permit. No re-conveyance shall occur under this MOU after substantial completion
(defined to mean completion that allows for functional use) of the Project.
3.
SCHEDULE.
Subject to written agreement of the Parties,
SMSD agrees to diligently pursue the Project in accordance with the following
Project Milestone Schedule:
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PROJECT MILESTONE SCHEDULE1
Project Description
Execution of Project Memorandum of
Understanding (MOU) by CITY and
SMSD
Developer Submission of Final
Development Plan (FDP) Application
Planning Commission Final Considers
(FDP)
SMSD submits Building Permit (BP)
Application
Schedule2
December 2015
Within 60 days after execution of this
MOU.
Estimated March 1, 2016
Date is determined by FDP application
date and is governed by PC meeting &
submission schedule – maintained on
City website.
Estimated September 1, 2016
Within 120 days after Final Development
Plan approval.
Estimated January 1, 2017
CITY conveys Property to SMSD
Within 30 days after Developer submits a
BP Application.
Estimated February 1, 2017
CITY BP Review Period
Estimate 90 Calendar Days
Start of Vertical Construction (defined as
the start of concrete footings for the
Project)
Within 45 days after BP approval.
Estimated July 15, 2017
SMSD and the City Administrator may agree, in writing, to minor
adjustments to the Project Milestone Schedule set forth above, provided however
that any substantial adjustments to the Project Schedule, may in the City
Administration’s discretion require an amendment by the City Council. Provided
SMSD is diligently prosecuting the work, nothing in this Section shall prohibit
SMSD from commencing an item earlier than the date indicated in the preceding
table, and prosecuting the substantial completion of each item in accordance with
the CITY approved plans in a timely fashion to completion.
4.
OBLIGATIONS TO PROCEED. The obligation of the parties to
proceed beyond this MOU is dependent upon the following:
1
Application, consideration and approval periods for the Incentives as described herein fall within the Project
Milestone Schedule prior to the Building Permit Milestone. A specific schedule for these items will be
established during the first sixty (60) days following approval of the MOU.
2 The schedule is based upon the number of days after a specific milestone is met. The calendar dates are
estimates based on meeting certain deadlines, including approval and execution of this MOU no later than
January 5, 2016. The actual calendar dates may be earlier or later depending upon completion of the
milestones on which they are based.
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A.
CITY and SMSD entering into a mutually agreeable Property
Conveyance Agreement;
B.
SMSD obtaining all applicable CITY development approvals; and
C.
CITY obtaining approval of its Master Developer to site layout and
parking arrangements; and
D.
If applicable, CITY and SMSD entering into a development
agreement for the Project;
5.
NO LIMITATION OF POWER.
A.
Nothing in this MOU shall be construed as a limitation on the ability
of the CITY to exercise its governmental functions or to diminish, restrict or limit
the police powers of the CITY granted by the Constitution of the state of Kansas
and the United States, statutes, or by general law.
B.
Nothing in this MOU shall be construed as a limitation on the powers,
rights, authority, duty and responsibility conferred upon and vested in SMSD by
the laws and Constitution of the state of Kansas and the United States.
6.
COOPERATION.
The Parties agree to exercise good faith and
cooperate with each other to finalize and execute all documents and agreements
necessary to complete the Project as contemplated herein and as required by
CITY code or state law.
7.
NOTICES.
Any notice, request, approval, demand, instruction, or other
communication to be given to either party hereunder, unless specifically stated
otherwise herein, shall be in writing and shall be conclusively deemed to be
delivered (i) when personally delivered, (ii) when deposited in the U.S. mail, sent
by certified mail return receipt requested, (iii) when sent by overnight courier, or
(iv) when sent by facsimile with a confirmed receipt, but in all cases addressed to
the parties as follows:
To SMSD:
Jim Hinson, Superintendent
7235 Antioch Road
Shawnee Mission, KS 66204
Phone: 913-993-6200
Fax: 913-993-6230
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With a Copy to:
J. Drew Marriott
EdCounsel, LLC
201 North Forest Ave., Ste. 200
Independence, MO 64050
Phone: 816-252-9000
Fax: 816-252-9009
To CITY:
12350 W. 87th Street Parkway
Lenexa, KS 66215
Phone: (913) 477-7500
Fax: (913) 477-7589
With a Copy to:
City Attorney
12350 W. 87th Street Parkway
Lenexa, KS 66215
Phone: (913) 477-7622
Fax: (913) 477-7639
8.
TERMINATION. Unless otherwise amended in writing, this MOU shall
automatically terminate and be of no further force and effect upon the earlier of:
A.
Failure of SMSD to obtain all applicable development approvals,
excluding building permit, on or before January 15, 2017;
B.
Execution of a subsequent Development Agreement or similar
instrument that expressly terminates this MOU;
C.
Failure of SMSD to submit for a building permit within sixty (60) days
after obtaining all applicable development approvals;
D.
Failure of SMSD to commence vertical construction of the Project on
or before forty-five (45) days following issuance of building permit unless mutually
agreed upon in writing by the Parties;
E.
Completion of the Project as contemplated in this MOU; or
F.
Mutual Agreement of the Parties to terminate the MOU as evidenced
in writing signed by both parties.
9.
GENERAL MATTERS.
A.
This MOU shall be governed by and construed under the laws of the
state of Kansas.
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B.
parties.
Neither party shall assign this MOU with the written consent of both
C.
The recitals set forth above are true and correct and are
incorporated herein by reference and made a part of this MOU. This MOU
constitutes the entire agreement between the Parties and supersedes all prior
agreements, whether written or oral, covering the same subject matter. This MOU
may only be modified or amended only upon written instrument executed by the
parties required to consent to such amendment.
D.
No member of the Governing Body, official or employee of the CITY
shall be personally liable to SMSD, or any successor in interest to SMSD, pursuant
to the provisions of this MOU or for any default or breach of the MOU by the CITY.
E.
No member of the Board of Education, official or employee of SMSD
shall be personally liable or obligated to perform the obligations of SMSD, pursuant
to the provisions of this MOU or for any default or breach of the MOU by SMSD.
F.
The signatories to this MOU covenant and represent that each is fully
authorized to enter into and to execute this MOU on behalf of the above named
party.
G.
It is agreed that nothing in this MOU is intended to, nor does it create
or establish a joint venture between the CITY and SMSD, or as constituting any
agency relationship
H.
Nothing contained in this MOU shall be construed to confer upon any
other party the rights of a third party beneficiary.
The parties have executed this MOU on the date first written above.
[Signature Pages Follow]
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By:
Attest:
David F. Bryant, III, CITY Clerk
Cynthia L. Harmison, CITY Attorney
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BOARD OF EDUCATION OF UNIFIED
SCHOOL DISTRICT NO. 512
By:
Sara Goodburn, President
Attest:
Clerk
Board Attorney
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EXHIBIT A
Legal Description of the Property
The abbreviated legal description of the Property is:
31-12-24 PT FOLL DESC TRACT LYG WITHIN SD BG 369.73' E
108.13' S 46.09' E 244.75' SE NW CR NE1/4 TO POB SE 235.84' ALG
S RTWY/L 87TH ST NE 425.33' S 1006.67' NW 922.69' N 368.09' TO
POB EX 1.8092 AC IN ST & EX .026 AC IN ST & INCLUDE VAC 87TH
ST PKWY DESC AS: 31-12-24 BG NW CR NE1/4 E 716.79' S 51.03'
TO POB E 288.09' & 29.91' S 98.10' W 140.16' & 178.51' N 83.31' TO
POB & INCLUDE PT VAC
Consisting of approximately 1.9 acres
This legal description shall be updated and included in the Property Conveyance
Agreement upon receipt of survey and mutual agreement of the parties.
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EXHIBIT B
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AMENDED AGENDA PACKET REGULAR

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