CITY OF SHAWNEE by Ax2YAZF

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									                                   CITY OF SHAWNEE
                                CITY COUNCIL MEETING
                                       MINUTES
                                   JANUARY 27, 2003
                                        7:30 P.M.

Mayor Allen called the meeting to order at 7:31 p.m. in the Shawnee City Hall Council
Chambers. He welcomed the public and all stood and recited the Pledge of Allegiance, followed
by a moment of silence.

     Councilmembers Present     Staff Present
     Councilmember Pflumm       City Manager Montague
     Councilmember Segale       City Attorney Rainey
     Councilmember Sawyer       Assistant City Manager Gonzales
     Councilmember Goode        Public Works Director Freyermuth
     Councilmember Meyers       Planning Director Chaffee
     Councilmember McGuff       Police Chief Clark
     Councilmember Thomas       Fire Chief Hudson
     Councilmember Newby        City Engineer Wesselschmidt
                                Project Engineer Lindstrom
                                Chief Codes Administrator Thompson

Members of the public who spoke were: Item 14 - JEFF BAHNSON, 5802 Lackman, FRANK
THOMPSON, 8600 Old Countrylane, DeSoto, JONI PFLUMM, 5803 Bluejacket, PETE
HEAVEN, 6021 Earnshaw, RAY HALE, 9405 W. 87th Street, Overland Park, CHARLOTTE
HARGIS, 6925 Ballentine (Item 15a), Item 16e - TRACY DAWSON, 12506 W. 70th Street,
DAVID MORRIS, 6125 Melrose Lane(Business from the floor), BEN PINEY, 6401 Acuff,
WILLIAM H. LINDSLEY, 5745 Rosehill Road, DAN CARR, 13807 W. 51st Street, Business
from the floor - DAN GRUSS, 5226 Halsey, and JOANN BRANSON, 618 Pier Street,
Manhattan, Item 17 - JERRY JOHNSON, Shafer, Kline & Warren, Inc., 11100 W. 91st St,
Overland Park.

CONSENT AGENDA

1.       APPROVE MINUTES FROM THE CITY COUNCIL MEETING OF JANUARY
         13, 2003.

2.       APPROVE MINUTES FROM THE PUBLIC                        WORKS      AND     SAFETY
         COMMITTEE MEETING OF JANUARY 21, 2003.

3.       REVIEW MINUTES FROM THE PLANNING COMMISSION MEETING OF
         JANUARY 6, 2003.

4.       CONSIDER RESOLUTION FOR THE ENLARGEMENT OF CONSOLIDATED
         MAIN SEWER DISTRICT FOR THE GENERAL VICINITY OF JOHNSON
         DRIVE AND CHOUTEAU STREET.
PAGE 2                              CITY COUNCIL MINUTES                     JANUARY 27, 2003




         Having passed, Resolution 1342 was assigned.

5.       CONSIDER RESOLUTION FOR THE ENLARGEMENT OF CONSOLIDATED
         MAIN SEWER DISTRICT FOR THE GENERAL VICINITY OF 49TH STREET
         AND STEARNS.

         Having passed, Resolution 1343 was assigned.

6.       CONSIDER RESOLUTION FOR THE ENLARGEMENT OF CONSOLIDATED
         MAIN SEWER DISTRICT FOR THE GENERAL VICINITY OF 48TH STREET
         AND QUIVIRA DRIVE.

         Having passed, Resolution 1344 was assigned.

7.       CONSIDER DATA ACCESS LICENSE AGREEMENT AMENDMENT
         BETWEEN THE CITY OF SHAWNEE AND JOHNSON COUNTY.

8.       CONSIDER CHANGE ORDER NO. 2 AND FINAL FOR PERIMETER PARK
         PIPE REPLACEMENT.

         The contract was awarded to Pyramid Excavation and Construction, Inc., Shawnee,
         Kansas, on November 12, 2002, in the amount of $33,360. This change order reflects a
         net increase of $979. The new contract amount for this project is $39,687.

9.       CONSIDER CHANGE ORDER NO. 2 FOR THE WOODLAND DRIVE
         RECONSTRUCTION, 47TH STREET TO SHAWNEE MISSION PARKWAY, P.N.
         3254.

         The contract was awarded to Miles Excavating, Inc., Basehor, Kansas, on May 24, 2001,
         in the amount of $7,250,038.71. This change order reflects a net increase of
         $193,115.99. The new contract amount for this project is $7,586,868.25.

Councilmember Sawyer, seconded by Councilmember Meyers, moved to approve the entire
consent agenda. The motion carried 8-0.

MAYOR’S ITEMS

Mayor Allen acknowledged Boy Scout Troops 93, 152, 162, and 351.

PUBLIC ITEMS

10.      CONDUCT PUBLIC HEARING TO CONSIDER AN ORDINANCE
         AUTHORIZING THE AMENDMENT OF THE TRUST INDENTURE, TO
         LOWER THE INTEREST RATE, RELATING TO $4,200,000 AGGREGATE
JANUARY 27, 2003                  CITY COUNCIL MINUTES                                  PAGE 3


      PRINCIPAL AMOUNT OF PRIVATE ACTIVITY REVENUE BONDS, SERIES
      1996 AND SERIES 1999 (KRAFT TOOL COMPANY PROJECT).

      Mayor Allen stated that the Kraft Tool Company has, with the approval of UMB Bank,
      owner of the bonds, requested that the City authorize an amendment to the Trust
      Indenture to lower the interest rate on outstanding bonds originally issued in 1996 and
      $1,000,000 in 1999.

      Councilmember Goode, seconded by Councilmember Meyers, moved to conduct a public
      hearing to consider an ordinance authorizing the amendment of the trust indenture to
      lower the interest rate, relating to $4,200,000 aggregate principal amount of private
      activity revenue bonds, Series 1996 and Series 1999, Kraft Tool Company Project. The
      motion carried 8-0.

      Councilmember Segale asked if the purpose of this item is to let the business get a lower
      interest rate.

      Mayor Allen answered yes. He said it does not change any of the abatement that the City
      issued on these bonds.

      City Attorney Rainey said these were private activity bonds. They are all owned by U.S.
      Bank. The bank and the company have agreed to lower and reduce the interest rates. He
      said the public hearing and ordinance are required for that purpose.

      Councilmember Goode, seconded by Councilmember Sawyer, moved to conclude the
      public hearing. The motion carried 8-0.

      Councilmember Goode, seconded by Councilmember Segale, moved to pass an
      ordinance authorizing the amendment of the trust indenture to lower the interest rate,
      relating to $4,200,000 aggregate principal amount of private activity revenue bonds,
      Series 1996 and Series 1999, Kraft Tool Company Project. The motion carried 8-0.
      Having passed, Ordinance 2656 was assigned.

11.   CONSIDER THE FOLLOWING ITEMS FROM                                  THE      PLANNING
      COMMISSION MEETING OF JANUARY 6, 2003.

      a)     Consider FP-7-03-01, final plat for Shawnee West Office Park, 1st Plat, for one lot
             in the 21600 block of Midland Drive.

             Mayor Allen stated that the Planning Commission recommended 7-0 that Council
             accept the dedications on FP-7-03-01.

             Councilmember Goode, seconded by Councilmember Segale, moved to accept the
             dedications on FP-7-03-01, final plat for Shawnee West Office Park, 1st Plat, for
             one lot in the 21600 block of Midland Drive, subject to the Planning
PAGE 4                                CITY COUNCIL MINUTES                        JANUARY 27, 2003


                Commission’s recommendations listed in the January 27, 2003 staff report. The
                motion carried 8-0.

         b)     Consider FP-8-03-01, final plat for Hills of Forest Creek, 2nd Plat, for 63 lots in
                the 21200 block of Clear Creek Parkway.

                Mayor Allen stated that the Planning Commission recommended 7-0 that Council
                accept the dedications on FP-8-03-01.

                Councilmember Sawyer, seconded by Councilmember Segale, moved to accept
                the dedications on FP-8-03-01, final plat for Hills of Forest Creek, 2nd Plat, for 63
                lots in the 21200 block of Clear Creek Parkway, subject to the Planning
                Commission’s recommendations listed in the January 27, 2003 staff report. The
                motion carried 8-0.

12.      CONSIDER THE FOLLOWING ITEM FROM THE PLANNING COMMISSION
         MEETING OF JANUARY 22, 2003.

         a)     Consider FP-6-03-01, final plat for Buffalo Ridge, 1st Plat, for one lot in the
                22100 block of Midland Drive.

                Mayor Allen stated that the Planning Commission recommended 7-0 that Council
                accept the dedications on FP-6-03-01.

                Councilmember Goode, seconded by Councilmember Segale, moved to accept the
                dedications on FP-6-03-01, final plat for Buffalo Ridge, 1st Plat, for one lot in the
                22100 block of Midland Drive, subject to the Planning Commission’s
                recommendations listed in the January 27, 2003 staff report. The motion carried
                8-0.

13.      CONSIDER S-4-03-01, A SIGN VARIANCE REQUEST FOR CAPITOL
         FEDERAL SAVINGS AND LOAN AT 22400 MIDLAND DRIVE.

         Mayor Allen stated that the sign variance is for color.

         Councilmember McGuff, seconded by Councilmember Goode, moved to approve S-4-
         03-01, a sign variance for color for Capitol Federal Savings and Loan at 22400 Midland
         Drive. The motion carried 8-0.

14.      CONDUCT PUBLIC HEARING TO CONSIDER APPROVAL OF AN
         ORDINANCE PROVIDING FOR THE VACATION OF THE ALLEY IN BLOCK
         17, THE ORIGINAL TOWN OF SHAWNEE, AND AN ORDINANCE
         PROVIDING FOR THE VACATION OF THE RIGHT-OF-WAY FOR
         BALLENTINE AVENUE (SECOND STREET) BETWEEN 58TH STREET AND
         JOHNSON DRIVE.
JANUARY 27, 2003                    CITY COUNCIL MINUTES                                   PAGE 5


      Mayor Allen stated that a petition was submitted by Charles W. Sedgwick, Board of
      Trustees Chairperson for the Shawnee United Methodist Church, requesting the vacation
      of the above-referenced public rights-of-way. The Planning Commission has reviewed
      the request and recommends vacating the alley on the north side of the Church, but did
      not recommend the vacation of the right-of-way for Ballentine Avenue.

      Councilmember Goode, seconded by Councilmember Sawyer, moved to conduct a public
      hearing to consider an ordinance providing for the vacation of the alley in Block 17, the
      original town of Shawnee, and an ordinance providing for the vacation of the right-of-
      way for Ballentine Avenue (second street) between 58th Street and Johnson Drive. The
      motion carried 8-0.

      City Engineer Wesselschmidt presented a transparency of the area and reviewed the
      January 23, 2003 staff report. He said that the Engineering staff felt the vacation of
      Ballentine Avenue between 58th Street and Johnson Drive has the potential for poor
      policy regarding the vacation of public streets that provide access to other citizens and
      property owners.

      JEFF BAHNSON, 5802 Lackman, stated he is representing the Shawnee United
      Methodist Church. He presented a map of the site and described the area. He mentioned
      the church was started in 1863 with three friends that started a Sunday school class. He
      said that Planning Director Chaffee stated at the Planning Commission meeting that the
      vacation would not serve as any benefit to the public. He stated that is a misconception
      of the church. There are many other organizations that use the church on a regular basis.
      There are over 400 families that belong to the church. He said the church is outgrowing
      their space and they need parking. The church’s options include buying land, building a
      two-story parking facility, and moving the whole church to western Shawnee. They feel
      the only feasible answer to provide more space is to vacate Ballentine.

      JEFF BAHNSON stated because of the pre-school, the church really needs a playground.
      He said they can not give up parking for a playground. He indicated they would have
      enough room for parking and a playground if they could vacate Ballentine. He
      mentioned that a 24-hour traffic report on Ballentine indicated, from 3:00 p.m. on
      Thursday, January 23 to 3:00 p.m. Friday, January 24, 2003, there were 124 vehicles that
      used that street. He said there were 80 people, seven different groups that used the
      church Thursday night. Six of the groups were not church related; they were community
      related. The public uses the church facilities. The engineering report indicates that up to
      300 vehicles on any given day would use the streets. He pointed out that Goddard, which
      is a collector street, is on the CIP for the year 2006. Any traffic that does not go there,
      which a lot of the traffic is from the church, would be diverted to what is considered a
      major street. He would contest that the extra traffic could be handled on Goddard.

      JEFF BAHNSON stated one of the concerns came from K.C. Trends who needs access
      along the street for semi-trailers. He said the church can work with that if that is the only
      concern. He indicated that there has been a ton of accidents at this intersection. To
      vacate Ballentine and have Goddard as the main thoroughfare could create more
PAGE 6                                 CITY COUNCIL MINUTES                        JANUARY 27, 2003


         accidents. It is a dangerous intersection because visibility is bad. He said the church
         considers itself a public facility, and for the church’s growth, they would like to appeal to
         Council to vacate this alleyway and Ballentine for the betterment of the community.

         Councilmember Segale asked what the parsonage is used for.

         JEFF BAHNSON stated in the past, ministers have used the parsonage for years to live
         in, but currently the church is using the parsonage for storage. He said the current
         Minister owns his own home, but about every four or five years in the Methodist Church
         the minister moves so the parsonage will be used for another minister.

         Councilmember Segale asked if the church had explored the option of moving the house
         to extend the parking lot. He said if a business had the same request, that business would
         need to acquire the ground to get sufficient parking.

         JEFF BAHNSON stated he can go back to the church and present that option, but the
         parsonage is used for ministers. Financially, it would not make sense for the church to do
         that.

         Councilmember Segale stated taking a house away would be more realistic than building
         a parking structure. He said he could not support this item. He indicated the church is a
         great facility, but he can not support vacating a public street so the church can extend
         their parking facilities and a playground. He said for the sake of unity, and the way this
         older part of the City has been set up with these grid streets, he can not support vacating
         it.

         Councilmember Sawyer asked if the State would not allow the church to take children
         across the street to a playground.

         JEFF BAHNSON answered correct.

         Councilmember Sawyer stated people will continue to use that street whether it is vacated
         or not because it connects to the south.

         JEFF BAHNSON stated the studies for traffic indicate that there is not a significant
         amount of traffic that uses that street.

         Councilmember Pflumm asked if the church would block that.

         JEFF BAHNSON answered yes. He said the engineers have not seen any drawings on
         what it is going to look like if they do this. He indicated before they spend money for an
         architect, he would want the City Council to at least suggest that it would be a possibility
         they would like to look at in the future.

         Councilmember Pflumm asked if Mr. Bahnson was aware of any of the property owners
         opposed to it on the north end.
JANUARY 27, 2003                    CITY COUNCIL MINUTES                                   PAGE 7




      JEFF BAHNSON stated one of the residents does not have any opposition to the
      vacation, but he did not know about the rest of the property owners.

      Mayor Allen stated he was contacted by the property owner across from the parking lot
      along Goddard.

      Councilmember Thomas stated using a bus to shuttle from another location to the church
      could be an option. She said they would be taking away the rights of citizens to drive on
      the streets if they vacate Ballentine. She indicated she did not support vacating
      Ballentine. She noted that there are many solutions the church can look at.

      FRANK THOMPSON, 8600 Oak Countrylane, DeSoto, stated he owns the building that
      K.C. Trends is in and he is opposed to closing Ballentine because that would close his
      alley. If Ballentine is closed, and he has a semi on Bluejacket trying to back in that alley,
      he will end up tying up traffic there. He said when he purchased the land, the alley was a
      feature he wanted because he would have access in and out both ways. He noted there
      will be a problem on Bluejacket if they close Ballentine.

      JONI PFLUMM, 5803 Bluejacket, stated her house is north of K.C. Trends. She said she
      is opposed to the petition that Shawnee United Methodist Church has submitted and she
      has expressed those concerns in a telephone conversation she had with Mr. Sedgwick.
      Her first concern is that of drainage. The church built the parking area on the west side
      of Ballentine which caused increase in runoff of rain water down the alley between her
      property and Mr. Thompson’s property, as well as the drainage ditch that runs down 58th
      Street. If this vacation is allowed, and the church added more paved area, it would only
      add to that runoff. She mentioned she spoke with the lady that lives east of her who the
      church says will donate her home. She indicated this lady is concerned what is going to
      happen to her house. She said she is also concerned about increased traffic. If Ballentine
      is vacated, the traffic will be directed to either Goddard or Bluejacket. She said Goddard
      is scheduled for improvement in 2006, but Bluejacket is not scheduled for improvement
      in the foreseeable future. She stated she does not understand how a property owner can
      request vacating a street that has continuous traffic on a daily basis.

      PETE HEAVEN, 6021 Earnshaw, stated this is a pathetic suggestion for good land use
      planning. He said he has been doing right-of-way vacations either as a City Attorney or
      as a private practitioner now for 25 years. There are two types of right-of-way that
      should be abandoned or vacated. One is when right-of-way has fallen into disuse and the
      other is when right-of-way can not be improved. He said this request falls into neither.
      This is an active roadway and one of the few streets in old Shawnee that actually runs
      north and south of Johnson Drive. Ballentine, north of the church, goes through to
      Shawnee Mission Parkway with one jog. There are only three other streets that allow
      that: Nieman, Flint, and Quivira. He indicated that the City should be very sensitive to
      precedent. This is a very dangerous precedent they are looking at tonight.
PAGE 8                                CITY COUNCIL MINUTES                         JANUARY 27, 2003


         RAY HALE, 9405 W. 87th Street, Overland Park, stated he is neither a member of the
         church or a citizen of Shawnee, but he is a member of a 12 step group that meets in the
         church. He said this church does a lot of good for the community because of all the
         services provided at the church. He indicated that this is not just a daytime problem. He
         has been at the church in the evening and both of their parking lots have been so
         overflowed that people had to park on Ballentine, Goddard, and Johnson Drive.

         Mayor Allen stated there is no disagreement that the church is a tremendous asset to the
         community.

         Councilmember Segale stated this is not about disliking the church or not placing value
         on the church. He said his opposition is purely on the grounds of public policy and from
         a transportation disbursement standpoint. There is not any public policy that would
         support the vacation of this street.

         Councilmember Sawyer asked if the alley west of Ballentine has already been vacated.

         City Engineer Wesselschmidt stated that is correct.

         Councilmember Sawyer asked if they could shut that off or do they have a long-term
         agreement.

         City Engineer Wesselschmidt stated it is a long-term agreement. He said he wanted to
         bring that up to show what the status of all right-of-way and alleys are. The only issue
         this evening is the alley between Goddard and Ballentine, and Ballentine between 58th
         and Johnson Drive.

         Councilmember Sawyer asked if the other alley has a long-term agreement where the
         business to the west of it can use it forever.

         City Engineer Wesselschmidt stated correct. He said it is an access easement between
         one property owner to another property owner and their heirs and successors.

         FRANK THOMPSON stated they have been granted access to the half to the east. The
         alley behind his building and Joni Pflumm’s home was never closed.

         Mayor Allen stated there is a recorded easement that allows the access.

         City Attorney Rainey stated that is his understanding, but he can check on it.

         Councilmember Sawyer stated he was talking about the half block alley on the south end
         of the church’s parking lot. His concern is that Mr. Thompson has access to that even
         though it was vacated.

         FRANK THOMPSON answered yes.
JANUARY 27, 2003                   CITY COUNCIL MINUTES                                  PAGE 9


      City Engineer Wesselschmidt stated the west half of that block exists, the east half had
      been vacated, but there is an access easement to the property owners to the west.

      CHARLOTTE HARGIS, 6925 Ballentine, stated she is a member of that church. She
      said she thinks a couple of blocks were vacated for St. Joseph Church so the playground
      was adjacent to the church. She said Council should give this item some more thought.

      Councilmember Segale stated the issue is if they say yes to one group, when would they
      stop. He asked if it would be first come first serve. If everyone gets their streets closed
      off, then the odd man out gets nothing. He said that is not a fair way to run the
      government.

      Councilmember Thomas, seconded by Councilmember Segale, moved to conclude the
      public hearing. The motion carried 8-0.

      Councilmember Goode, seconded by Councilmember Thomas, moved to pass an
      ordinance providing for the vacation of the alley in Block 17, the original town of
      Shawnee. The motion carried 8-0. Having passed, Ordinance 2657 was assigned.

      Mayor Allen stated that the Governing Body is willing to look at other alternatives and to
      work with the church to solve their parking crisis. They do want that church to remain in
      the area, and anything the City can do to assist to achieve a win, win situation for the
      church and the City, the Governing Body will be willing to work with.

COUNCIL ITEMS

15.   CONSIDER THE FOLLOWING ITEM FROM THE FINANCE                                            &
      ADMINISTRATION COMMITTEE MEETING OF JANUARY 7, 2003.

      a)     Consider Financial Incentives Policy.

             Chairperson Meyers stated that the Committee recommended 3-1 that Council
             approve the revisions, as shown in the packet, to Policy Statement 21, (PS-21)
             Financial Incentives Policy, with the primary change that the amount of
             abatement offered be based on the size and the type of the project.

             Councilmember Thomas suggested one amendment on page 105, the second to
             the last line, to delete “2002” and replace it with the word “current”. It would say
             “must be a targeted industry as identified during the Governing Body’s current
             economic development strategic planning process.” She said that way, every year
             they will update the target list but they would not have to keep revisiting the
             policy.

             Councilmember Sawyer asked if Council approves this item, they are not going to
             come back here and say we need to make it 100% for this.
PAGE 10                        CITY COUNCIL MINUTES                         JANUARY 27, 2003


          Councilmember Thomas answered no. She said the only thing that would change
          is if it became necessary to place a particular industry on the target list. The
          targets could be changed every year. She indicated they would not be changing
          the incentive numbers every year.

          Mayor Allen stated their intent is to stay within the guidelines of the City. He
          does not have any authority to vary from that.

          Councilmember Goode stated if an exception has to be made for a specific
          institution, he is going to be one of the people that would make an exception even
          though they may pass this item tonight.

          Councilmember Segale stated he thinks the City is being too generous. He said
          they are dispensing a cure for a problem. They want to get more commercial
          development in the City, but he did not think they understood the causes of the
          problem. He indicated that he thinks there is a lot more work and he has a lot
          more expectations of the activities of what the SEDC is going to be doing in terms
          of marketing Shawnee. A unified marketing plan would be developed and work
          done on enhancing the image of this community as opposed to just dispensing tax
          abatements. He said he hopes they do have to change this in a year because they
          have been so successful. If they had this kind of a policy in place, and there was a
          tremendous amount of development going on for a number of years, they would
          undercut the tax base to where it would not be something that would be
          sustainable. This is something they are doing to attract business in these
          economic times, but is it something they can sustain and will have to change in
          the future. This is only a small part of what they are trying to achieve.

          Councilmember Meyers stated staff and Council agreed in a meeting that they
          wanted to go forward with seeing if this would bring added attraction to Shawnee.
          He has always looked at any type of abatement on a case by case basis and will
          continue to do that. He indicated he would be willing to look at different
          numbers. They should provide the opportunity to see if this will help Shawnee
          out. He thinks they have the opportunity to always correct anything that could be
          a problem in this area.

          Councilmember Sawyer stated his concern is that they have to be flexible with
          these numbers. He said this is one of the tools that SEDC asked for along with
          the rest of the tools listed there, and it is high time they are held accountable.

          Councilmember Thomas stated this would not undercut the tax base. This is
          building the tax base by bringing in more businesses so that they can bear the
          brunt, and the City would not have to raise property taxes on homeowners.

          Councilmember Segale asked what City Manager Montague’s opinion is on
          whether Shawnee could sustain this over an extended period of time with lots of
          development.
JANUARY 27, 2003                  CITY COUNCIL MINUTES                                 PAGE 11




             City Manager Montague stated once the City has achieved the level wanted, to go
             beyond that would not be productive for the City. At a certain point this would
             not be a sustainable policy. He said that point is some time out in the future.

             Councilmember Thomas stated the policy says they are going to do this until
             December 2008 or until such time that the commercial portion of the Shawnee
             property tax base reaches 35%. She asked what percent Shawnee is at now.

             City Manager Montague replied about 28%.

             CHARLOTTE HARGIS, 6925 Ballentine, stated she does not have a copy of the
             study from SEDC on the results of the last tax abatement that was passed so she
             does not know how Council can vote on this item until they look at the history.
             She has strong objections to it. She said we pay the SACC to run this for us and
             we don’t even have a report on what they have accomplished to date. She
             indicated this most definitely starves the schools.

             Councilmember Newby stated there would be value in the SEDC or others
             preparing some reports. He noted that he did ask that City staff prepare
             something related to the Hampton Inn. He said in 2002 they received Shawnee
             tax abatement of $25,000, but they generated more sales tax in that year than they
             did in the property tax. In that situation, their abatement was 100%; they still
             generated more, then going on top of that with their occupancy tax, which then
             generated another four, soon to be five. The City netted $108,000 out of that for
             the year and that does not speak to the payroll taxes, employment, and the benefit
             to the community by having the hotel. He indicated there is value in getting more
             reports. He was pleased to see that in a very extreme situation, the City really
             benefits from having these abatements.

             Councilmember Pflumm, seconded by Councilmember Newby, moved to approve
             the revisions, as shown in the packet, to Policy Statement 21, (PS-21) Financial
             Incentives Policy, with the primary change that the amount of abatement offered
             be based on the size and the type of the project, and replace 2002 with the word
             current. The motion carried 8-0.

16.   CONSIDER THE FOLLOWING ITEMS FROM THE PUBLIC WORKS &
      SAFETY COMMITTEE MEETING OF JANUARY 21, 2003.

      a)     Consider petition to dedicate private streets in the Tanglewood subdivision to the
             City of Shawnee.

             Chairperson McGuff stated that the Committee recommended 4-0 that Council
             affirm the position taken in their 2003 Legislative Program which reads: “Kansas
             State Statute K.S.A. 12-6a01 allows cities to form special assessment districts to
             construct improvements on public right-of-way and assess all or some part of the
PAGE 12                         CITY COUNCIL MINUTES                         JANUARY 27, 2003


           cost of the improvements to the property owners receiving the benefit of the
           improvements. This statute is limited to improvements constructed on public
           property.

           Councilmember Sawyer, seconded by Councilmember Goode, moved to affirm it
           is the position of the City of Shawnee that K.S.A. 12-6a01 should be modified
           appropriately to allow the use of an assessment district to pay the cost to improve
           or maintain private streets.” The motion carried 8-0.

      b)   Consider enforcement of erosion control.

           Chairperson McGuff stated that the Committee recommended 4-0 that Council
           direct staff to keep Council appraised on a regular basis of the status of the
           erosion control program.

           Councilmember Newby, seconded by Councilmember Goode, moved to direct
           staff to keep Council appraised on a regular basis of the status of the erosion
           control program. The motion carried 8-0.

      c)   Consider proposed policy statement for annual curb and gutter and sidewalk
           repair program.

           Chairperson McGuff stated that the Committee recommended 4-0 that Council
           approve the proposed Policy Statement (PS-11) for the Annual Curb, Gutter and
           Sidewalk Repair Program.

           Councilmember Pflumm asked about the minimum distance between repairs.

           Public Works Director Freyermuth stated if the damaged areas were so close, they
           would make it one repair as opposed to two. He said if it were 5 foot apart, they
           would combine it into one single repair.

           Councilmember Pflumm asked if the cost is done in a linear foot regardless of the
           distance of the repair.

           Public Works Director Freyermuth answered correct. He said the way they did
           the contract is per linear foot of curb replaced. It would not matter whether it was
           5 foot, 100 foot, or whatever the case might be. He indicated that those are listed
           in the contract as it is bid so the contractor has some knowledge of how many
           large and small sections there are.

           Councilmember Pflumm stated a lot of people have expressed to him that they
           have a very short repair section of curb and then another repair section. He said
           they should think about that distance.
JANUARY 27, 2003                   CITY COUNCIL MINUTES                                  PAGE 13


             Mayor Allen stated they need to have a cutoff and standard. He said 5 foot is
             based on engineering standards which is probably appropriate. He indicated if
             they stretch that out, the curb that really does need to be replaced would be put
             down further. He noted the policy is indicating the City’s guideline on where
             they would stop on replacing curb.

             Councilmember Pflumm stated they may want to look at the four or five lane
             roads such as Nieman or Shawnee Mission Parkway.

             Councilmember Sawyer, seconded by Councilmember Goode, moved to approve
             revisions to the Policy Statement (PS-11) for the Annual Curb, Gutter and
             Sidewalk Repair Program. The motion carried 8-0.

      d)     Consider proposed policy statement for the annual street resurfacing program.

             Chairperson McGuff stated that the Committee recommended 4-0 that City
             Council approve the proposed Policy Statement (PS-46) for the Annual Street
             Resurfacing Program.

             Councilmember Sawyer, seconded by Councilmember Segale, moved to approve
             the Policy Statement (PS-46) for the Annual Street Resurfacing Program. The
             motion carried 8-0.

      e)     Consider the speed watch program.

             Chairperson McGuff stated that the Committee recommended 4-0 that the City
             Council approve going forward with the Speed Watch Program.

             Councilmember Newby, seconded by Councilmember Segale, moved to approve
             the Speed Watch Program.

             TRACY DAWSON, 12506 W. 70th Street, stated he is opposed to this
             amendment. He considers himself an expert on speeding. His six year old son
             was killed by a speeder in the City of Shawnee. He thinks this is a waste of
             taxpayers’ time and money. Anyone who considers the police officer’s efforts at
             writing speeding tickets to be demeaning to the police officer needs to come see
             him. He said the City does not need to be spending money on citizens with radar
             units. The City needs that $10,000 to go to the Police Department to help the
             police force to enforce the speed laws.

             Councilmember Segale stated these are radar units that the police have in surplus.
             The program will let residents that have applied use those units to supplement the
             police. He said citizens will not be writing tickets. They will be doing a
             monitoring activity with a device that is accurate. He said this is a good use of the
             police resources. If there are speeders in neighborhoods, the police can be sent
             out to write tickets. He said he supports this item.
PAGE 14                         CITY COUNCIL MINUTES                        JANUARY 27, 2003




          Councilmember Meyers asked that the police staff give a presentation.

          Police Chief Clark stated the speed watch program would be another tool that the
          Police Department could use to deal with speed complaints in residential areas. It
          is a totally voluntary program. It is an opportunity for the Police Department to
          work in cooperation with the community. The Police Department is not opposed
          to writing tickets. Tickets in the year 2002 were up 30% from 2001.

          Councilmember Sawyer asked if the Police Department had four units that would
          be used for this program.

          Police Chief Clark stated yes, four radar units.

          Councilmember Sawyer asked if this would be coming out of the Police
          Department budget.

          Police Chief Clark stated these are old radar units that the patrol officers used to
          use. In this year’s budget, the Police Department purchased some new handheld
          radar units which replaced the old outdated radar units.

          Councilmember Sawyer asked if they were allocating $5,000 to $10,000 for this
          program.

          Police Chief Clark stated there is no additional money needed for the Speed
          Watch Program.

          Councilmember Sawyer stated this program would cost the Police Department
          some extra time to train the volunteers.

          City Manager Montague stated the $5,000 to $10,000 is not additional costs, but
          there is a cost to this program in terms of the administrative cost of the police
          officers that will be participating.

          Councilmember Newby stated he supported this item because of the community
          involvement aspects of this. He asked about the assurance of privacy. He asked
          if they would be tracking the individuals that receive the letters.

          Police Chief Clark stated the only intention on the part of the Police Department
          will be to send letters out as a courtesy. He said there is really nothing more they
          can do with them.

          Councilmember Newby asked if the Police Department would be tracking people
          by the letters.
JANUARY 27, 2003                   CITY COUNCIL MINUTES                                    PAGE 15


             Police Chief Clark answered no. He said they would keep a record of the letters
             sent out to document the activity by the Police Department.

             Councilmember Thomas asked if the volunteers would only be working in 25
             m.p.h. residential zones.

             Police Chief Clark stated they will also be in 30 m.p.h. residential areas.

             Councilmember Thomas asked if the radar gun would be fixed so that it would
             not go off unless it is 10 miles over the limit.

             Police Chief Clark answered no. He said the radar units record the speed of the
             vehicle. It will be up to the person using the radar unit to only record those
             vehicles that are going at least 10 m.p.h. over the speed limit.

             Councilmember Thomas asked if the volunteers would be working in teams of
             two.

             Police Chief Clark answered yes. He said one person will be using the radar unit
             and one person will be recording license plate numbers.

             Councilmember Thomas asked would a letter be generated if they did not record
             the license plate number correctly.

             Police Chief Clark answered they would make an effort to see that the registration
             information for that license plate number matches the vehicle description on the
             log that is kept. If they don’t match, they would not send the letter.

             Councilmember Thomas asked if responsible boy scouts could work with the
             adults.

             Police Chief Clark answered yes.

             Councilmember McGuff asked would there be any liability on the City if the two
             volunteers were in a car, in their driveway, or in front of their house, if something
             were to happen in the process of running the radar. He said what if there was a
             situation where the speeder saw that the volunteers had the radar gun and got
             irritated and there was a confrontation. He asked would there be any liability on
             the part of the City.

             City Attorney Rainey stated he did not believe that there would be any unusual
             liability. As far as the individuals participating in the program are concerned, the
             City has considered that. The participants will sign a waiver, release, or an
             agreement that they acknowledge they understand any conceivable risks in
             agreeing to participate in the program and waive any claims against the City.
             That is not an absolute protection if something happens in which the City was
PAGE 16                         CITY COUNCIL MINUTES                        JANUARY 27, 2003


          negligent. There could be circumstances in which the City could have a claim
          made against them just as with anything else. He said he did not see any unusual
          risks that the City would have, nothing that would create an extraordinary liability
          or strict liability on the part of the City.

          City Attorney Rainey stated that a waiver signed in advance of something
          happening may not in all instances be controlling, but it certainly puts them on
          notice that they are not an employee, agent, or officer of the City, and they are not
          covered by any City insurance program. The City would not have any liability for
          their actions, nor would they have any claim against the City under any
          circumstances that he can think of, no more than anyone else might happen to
          have a claim against the City if something happened if they were injured in some
          way. He said he did not see any unusual risk at all that the City would need to be
          concerned about.

          Councilmember McGuff asked if this program would be for a limited period of
          time.

          Mayor Allen stated first of all with any program the City gets involved in, if after
          a reasonable amount of time the program needs to be reviewed because it is not
          working, or changes need to be made, staff could bring the item back before
          Council and the program could be adjusted or if there are significant problems
          implementing this, then possibly the program could be dropped. The initial
          observation would be this would be on a trial basis. If there are problems they
          would try to adjust it. If it cannot be adequately addressed, that would be
          something the City would look at.

          Mayor Allen stated the City of Lenexa has a similar program they have been
          doing for the last five years, but it is not exactly the same program Shawnee is
          proposing. He said staff should follow-up and see what the City of Lenexa is
          doing.

          Councilmember Meyers stated over the years, the City has had many complaints
          about speed throughout the City in all areas. He said the City of Shawnee does
          not have a big enough police force to handle every situation. This program will
          allow residents to be involved and provide the Police Department with written
          justifiable feedback that they could probably use to their advantage. Information
          that was received through other cities that have done a similar program was that
          many times they found residents who said there is not as much speeding taking
          place as they originally thought.

          Councilmember Pflumm stated he is also in favor of this program. He said the
          program might be a good way to help the Police Department to identify areas
          within the City that do have a speeding problem and then allow the police officers
          to take action after errors have been identified.
JANUARY 27, 2003                   CITY COUNCIL MINUTES                                   PAGE 17


             Councilmember Sawyer stated whether it is 90 or 120 days, he would like for
             Council to receive a report on how the program is working and helping the
             community along with the Police Department.

             Councilmember Goode stated he has never had so much verbal opposition to one
             subject. He said people said they would be creating another big white elephant,
             that the Police Department would need extra clerical help, and there would be
             extra expenses. He indicated it will take money because you don’t do anything
             for nothing. He noted that he would support the program on a trial basis, but if it
             does not work out, he will be one of the first people they will hear from. There
             could be a lot of problems, but he is willing to give it a try.

             Councilmember McGuff stated he would like to see the program done on a trial
             basis.

             Councilmember Newby stated he would be glad to amend the motion to 120 days
             which would be the end of May 2003. They could ask for a report on the status of
             the program at the June 17, 2003 Public Works and Safety Committee meeting.

             Councilmember Newby, seconded by Councilmember Segale, amended the
             motion to include to direct staff to give a report on the status of the program at the
             June 17, 2003 Public Works and Safety Committee meeting.

             DAVID MORRIS, 6125 Melrose Lane, asked if the City is not going to keep
             records of the people who are speeding, what is the advantage of having the
             radars.

             Mayor Allen stated a letter that stated the vehicle was observed speeding would
             be sent to the person. He asked, if there was a particular problem in a
             neighborhood with speeding, would a police officer then go into that area and
             give enforcement where regular tickets would be written.

             Police Chief Clark stated what frequently happens in these residential areas is
             people contact the Police Department and say they have speeders up and down the
             street all the time. The Police Department has the traffic officers do enforcement
             and they will spend 1/2 hour to one hour at the location and find no speeders to
             write tickets for. In effect, it is not a productive use of those officers. They
             would use this similar to how the Police Department uses the speed trailer. With
             the information that comes back, they can track how many violations occurred
             over a specified period of time, and if it looks like there is a significant speeding
             violation or problem at that location, they would send a police officer out to write
             tickets which would be a more sufficient use of their time and effort.

             DAVID MORRIS stated he is also concerned that they have not looked at all the
             possible ramifications of this program. The fact that people feel threatened by the
             fact someone is pointing a radar at them. There is nothing that says his neighbor
PAGE 18                         CITY COUNCIL MINUTES                          JANUARY 27, 2003


          and him could not collude, or if there is someone in their area they don’t like, they
          can find out their license tag number and be a harassment to them.

          Mayor Allen stated that is a valid concern. One of the things they should look at
          is if all of a sudden somebody had listed the same vehicle several times that
          situation would have to be identified in the program.

          DAVID MORRIS stated there are a lot of concerns about zoning violations. He
          asked if the City would start handing out video cameras to residents and have
          them video taping in the back or front of peoples’ yards.

          Mayor Allen stated on zoning violations, the City receives those complaints by
          adjacent neighbors anyway. He said there are reservations with this program.
          This program has been done in other places successfully. The goal of this
          program is to have people in residential areas obey the speed limit.

          Councilmember Segale stated he sees this program as an extension to a
          Neighborhood Watch Program. He said the Neighborhood Watch Program is not
          a violation to anybody’s privacy. If the program does not work, the City will get
          rid of it, and there would be no loss.

          BEN PINEY, 6401 Acuff, stated he has a pickup truck that he has lent to
          neighbors to move stuff. He asked what would happen if he got a letter because
          one of the neighbors used his pickup and was speeding and caught by one of those
          radar guns. He asked how they would distinguish who was driving the vehicle.

          Councilmember Meyers stated that letter will mean nothing. It will not be kept on
          record against a person.

          BEN PINEY stated the Police Chief said they would keep those on record.

          Councilmember Meyers stated the Police Department will keep track of the
          number of people that speed over 10 m.p.h. in a particular location. If the Police
          Department sees there are over 20 incidents of speeding at a particular time, they
          will be able to use that data to place a police officer at that location at the time it
          occurred and see if they can be helpful in getting people to slow down.

          Councilmember Newby stated he thought the Police Department was going to
          keep copies of the letters.

          Police Chief Clark stated the letters will be computer generated so his intentions
          were that the letters would probably be archived in some location. He said
          keeping intelligence data on a citizen whose vehicle has been used speeding on
          four or five different occasions would really not benefit the Police Department.
          He indicated the Police Department would not be sending out an officer to watch
          a person and try to catch them speeding. The only way this would come back on
JANUARY 27, 2003                   CITY COUNCIL MINUTES                                   PAGE 19


             a person so to speak would be if they had evaluated an area and decided police
             officers should be sent out to write tickets. If that person was speeding while the
             officer was there, then they would get a ticket. He noted it would not be because
             they were targeting an individual based on prior letters sent out.

             Councilmember Sawyer asked what is the number of incidents that might occur in
             the same area before the police officer would be evaluating the area for speeding.

             Police Chief Clark stated that would be left to the discretion of Police Sergeant
             Doug Orbin.

             Councilmember Sawyer stated if the letter is archived in a computer, then there
             would be a record. He thought the program would be great to try, but he did have
             some reservations about how the City would use the information.

             Police Chief Clark stated if Council has strong feelings about the keeping of these
             letters, the Police Department would certainly be amenable to the possibility of
             just mailing out the letters and deleting any reference to the letters in the computer
             files.

             Councilmember Sawyer asked if the volunteers would be out on major streets.

             Police Chief Clark answered no.

             BEN PINEY stated people slow down when they see a police car. He said he is
             still concerned that there may be a person who has a vendetta against another
             neighbor who would send a letter.

             WILLIAM H. LINDSLEY, 5745 Rosehill Road, stated he thought the Governing
             Body should request from the Police Chief the timeframe to be absolute and to
             determine the cost of each letter and radar gun.

             DAN CARR, 13807 W. 51st Street, stated there has been one person killed
             directly in front of his house by a speeder. He said he is opposed to this program
             because of the data collection side of the operation. He indicated he has a lot of
             law enforcement people he works with every day, they collect data; that is their
             job. If the Police Department does a mail merge, he would like to see the
             database when it is created; see how it is maintained, and how it is distributed
             amongst other organizations. The other issue is the liability issue. If someone
             gets hurt in a car even though the City has the person sign the waiver, that is the
             City’s equipment and the City would be liable.

             Councilmember Newby, seconded by Segale, moved to amend the amendment to
             the motion to also include once the letters have been mailed, that the letters be
             purged.
PAGE 20                             CITY COUNCIL MINUTES                          JANUARY 27, 2003


             Therefore the motion read: Councilmember Newby, seconded by Councilmember
             Segale, moved to approve the Speed Watch Program, and to direct staff to give a
             report on the status of the program at the June 17, 2003 Public Works and Safety
             Committee meeting, and once the letters have been mailed, that the letters be
             purged. The motion carried 7-1, with Councilmembers Pflumm, Segale, Sawyer,
             Goode, Meyers, Thomas, and Newby voting aye, and Councilmember McGuff
             voting nay.

BUSINESS FROM THE FLOOR

a)    Tax Abatements.

      DAVID MORRIS, 6125 Melrose Lane, stated on the abatement issue, he has a concern
      that it will be leaning towards the western part of Shawnee. He said we have a real
      problem on the east side of Shawnee and need to get some office buildings and that kind
      of stuff here.

      Councilmember Sawyer stated they have the option of using it in this end of Shawnee if
      they want, but actually the plan they passed two weeks ago is much more liberal than
      using this. He said the redevelopment program is more lucrative to them.

      Councilmember Thomas stated it is weighted to eastern Shawnee, 90%, only in the
      downtown.

      DAVID MORRIS asked if that is on the additional improvements for those kinds of
      things.

      Mayor Allen stated there would be new construction also. He said they have been
      involved in discussions on three different projects along Shawnee Mission Parkway at
      three different sites that are in different stages of proposing projects that are aware of this
      program.

      Councilmember Segale stated he brought it up last time they discussed these incentives
      and he still has those concerns, but he is going along with the majority. Until you get to
      where you increase the value by 500% or more of the existing property with a
      neighborhood revitalization, they really don’t get above where we are with green field
      development. People who are looking to do development here are looking to do it here
      for a reason, and if Shawnee has incentives that match what they are in green field, which
      they can choose based on their choice. He did not think they would necessarily be
      competing with the same types of uses. He indicated that has persuaded him to some
      degree that it is not that big of a deal. The fact that they can choose has also persuaded
      him, but he still has the concerns.

      DAVID MORRIS stated he wanted to make sure that they are not working against
      themselves in eastern Shawnee with those abatements.
JANUARY 27, 2003                   CITY COUNCIL MINUTES                                  PAGE 21


      Mayor Allen stated he would assure Mr. Morris that there is an effort by many people
      who are trying to bring development to the eastern part of Shawnee Mission Parkway and
      along Nieman Road.

b)    Pit Bulls.

      DAN GRUSS, 5226 Halsey, stated he has packets of information for each one of the
      Councilmembers and the Mayor. He said he wanted to talk about the City ordinance
      number 6.04.114 which is about specific breeds and specific types of dogs. What is
      happening to his family is a perfect example of why the ordinance is arbitrary and unfair.
      They were ordered by the City to get rid of their dog because, according to the Animal
      Control Officer, Cosby has the characteristics of a Pit Bull even though their own vet said
      Cosby is a Boxer/Dalmatian mix. They did as the City asked and returned Cosby to the
      Animal Resource Fund, the humane society, which they had adopted him from. In the
      last couple of weeks, they have had Cosby evaluated by four different vets all who
      believe he is a Boxer/Bull Dog or Boxer/French Bull Dog mix. The Shawnee City vet
      has even provided a letter that indicates that.

      DAN GRUSS stated although Cosby does have two characteristics of a Pit Bull, his
      characteristics are not predominantly that of a Pit Bull. The vet also says the two Pit Bull
      characteristics that Cosby does have could be that of a Boxer and it also states that Cosby
      has four characteristics that are not of a Pit Bull. Today, Cosby was taken to a renowned
      animal behaviorist and veterinarian who indicated to them verbally that Cosby has no
      aggression or behavior problems. This vet also believes Cosby is a Boxer Mix and he
      will be providing his letter later this week.

      Mayor Allen stated when he talked to Mr. Gruss last week he had referred Mr. Gruss to
      City Attorney Rainey who wants to respond.

      City Attorney Rainey stated Mr. Gruss called him last week and he responded when he
      spoke with Mrs. Gruss. After he reviewed this last week, he indicated that the City does
      have a procedure in the ordinance. The City’s code provides for an administrative appeal
      where if there is any dispute or if anyone wants to object to, or take exception to, a
      determination as to whether the animal is a Pit Bull, which would make it a dangerous
      animal or dog under the City’s ordinance, or the refusal of the Clerk to issue a license
      because it is believed to be a Pit Bull.

      City Attorney Rainey stated the procedure is set out in the code. A person can appeal that
      decision and it is an administrative appeal. The determination made in that appeal is to
      the Municipal Court Judge who would act in an administrative capacity, not a judicial
      capacity, and would make the determination for the City as to whether it is a dog which
      can be licensed or not, and whether or not the permit can be used. He said as he has
      explained to Mrs. Gruss, the Governing Body can not make, or does not have any
      provisions to making, a waiver of making that decision. The City has provided for, in the
      ordinance, a procedure whereby the appeal is taken. It is determined then by the
      Administrative Judge, which would give Mr. Gruss a solution. The Governing Body
PAGE 22                             CITY COUNCIL MINUTES                         JANUARY 27, 2003


      simply does not have the capability, power, or authority to make a determination or
      decision on it. If Mr. Gruss wants to address a change in the ordinance that is something
      the Governing Body would have to determine and decide.

      DAN GRUSS stated he would also like to address a change in the ordinance. He said he
      has reams of facts and information pertaining to the fact that it is determined that it is
      deeds not breeds that do this. Pit Bulls by their nature are strong and they have been bred
      over the years for strength and other characteristics. They were used in dog fighting a lot
      in the 1980’s. That is when the ordinance came out. A Pit Bull is not necessarily an
      aggressive animal. There are many more animals that are more aggressive such as
      Rottweilers and Chows.

      Councilmember Segale stated he spoke with Mrs. Gruss a few times. He said there was
      information provided from the CDC, which to him, was convincing. He indicated the
      CDC studies death by dogs in the United States. From 1979 to 1996, in their
      calculations, there were 199 people killed by dogs. Of those 199 people, 60 people were
      killed by Pit Bulls, and 10 people were killed by Pit Bull cross breeds. He asked if Mr.
      Gruss thinks the method the City has used to determine whether a dog is a Pit Bull is not
      sound.

      DAN GRUSS stated that is one of his arguments. He would like to know in those
      specific cases, how those animals had been handled and what they were used for.

      Councilmember Segale stated the City is attempting to protect the public. He said they
      don’t want someone to be killed by a dog and then ask how the dog was handled. If the
      City can eliminate, by banning one type of dog, basically a third of the deaths, it is a good
      move on the City’s part. He indicated that he supports the way the ordinance is written
      now in terms of banning the Pit Bull breed.

      Councilmember Thomas stated the administrative process will determine by law whether
      it is a Pit Bull or not. She said if Mr. Gruss wants to change the ordinance, he must think
      he has a Pit Bull.

      DAN GRUSS stated he did not think he has a Pit Bull. He indicated when he sees
      something that is clearly unfair, and he has an opportunity to change it while he is in the
      middle of the fight, he is not going to say just because that does not apply to him that it is
      not unfair; it is unfair. He noted that his family did not get the dog to cause a problem.
      He said that their dog is a good dog and good with the kids. His children do not
      understand why they cannot keep the dog.

      Councilmember Meyers stated he agreed with the ordinance. He said Mr. Gruss has a
      valid case to go through the appeals process and he would strongly advise Mr. Gruss to
      do that. He noted that one of the letters says this dog does show some signs of being a Pit
      Bull mixed dog, mainly body type and shape of head. He indicated the ordinance reads:
      “any dog which has the appearance or and characteristic of being predominantly the
      breeds of Staffordshire bull terrier, American pit bull terrier, American Staffordshire
JANUARY 27, 2003                    CITY COUNCIL MINUTES                                    PAGE 23


      terrier, or a combination of any of these breeds.” He asked if this situation started when
      Mr. Gruss went to license the dog.

      DAN GRUSS responded yes. He said the dog had been misidentified initially by
      someone in Dr. Lyle’s office. He indicated that one of his letters is from Dr. Lyle stating
      to that fact. He had listed the breed on the licensing application. He noted that the
      Animal Control officer also assessed their dog.

      Councilmember Meyers stated Mr. Gruss can pursue the administrative appeal procedure
      available to residents as City Attorney Rainey stated.

      JOANN BRANSON, 618 Pier Street, Manhattan, stated she is the President of Animal’s
      Resource Fund. She adopted the dog to the Gruss family. She said the statistics that
      Councilmember Segale mentioned listed many other breeds of dogs that have more dog
      bite related fatalities than Pit Bull mixes. The top three breeds responsible for these
      fatalities over the years were Pit Bulls, Rottweilers, and German Shepherds. She asked
      why all three of those breeds are not banned in Shawnee. She read a statement regarding
      other dog related cases. She said it is the City’s responsibility to keep citizens safe to
      enforce the dangerous animal ordinance. This breed specific ban is nothing more than a
      way for the City to make it appear that they are accomplishing something. Rather than
      enforcing the dangerous animal ordinance already in place, they have prohibited an entire
      type of dog. A type of dog responsible for only 1/3rd of the dog bite related fatalities
      mentioned earlier.

      Councilmember Pflumm stated after he talked with Mrs. Gruss, he got on the internet and
      did a search on Yahoo with the word Pit Bulls. He found 19,800 sites. He said not all of
      those are dog related fatalities, but there are a lot of other instances where dogs have
      attacked people. He indicated he can not support it based on the fact it is a dangerous
      breed of dog.

      Mayor Allen stated himself and Councilmember Goode were both on the Council when
      the City enacted the ordinance. The reason the City enacted the ordinance is at that time,
      there was a vicious Pit Bull dog bite in the City of Merriam. It was a very contentious
      hearing and there were people on both sides of the issue. Overall, this ordinance has
      worked well for Shawnee. Shawnee had a valid reason why they got involved in this
      ordinance. It has sustained a court challenge in the District Court of Johnson County and
      the ordinance has been upheld. If this is a dog that is not a Pit Bull, there is a process that
      the Gruss’ can go through.

STAFF ITEMS

17.   CONSIDER APPROVAL OF AN ENGINEERING STUDY AND REPORT FOR
      DESIGN OF ROSEHILL ROAD, FROM JOHNSON DRIVE TO 55TH STREET,
      P.N. 3294.
PAGE 24                              CITY COUNCIL MINUTES                          JANUARY 27, 2003


       Project Engineer Lindstrom presented pictures of the area and reviewed the January 22,
       2003 staff report. He mentioned that staff would be talking with the School District
       because staff feels there are other options in the picking up and dropping off of children
       at Ray Marsh Elementary school. He mentioned there is a house at 5729 Rosehill Road
       that is too close to the existing road. It is the only house on the street that sits that close
       to the road. Staff is looking at the solution to this. One of the options would be to buy
       the house. If the City were to acquire the 30 foot right-of-way, it would be right through
       the front part of the house.

       Councilmember Thomas asked why was that house allowed to be built that close to the
       road.

       Mayor Allen replied it is an older structure that occurred before the setback requirements.

       Project Engineer Lindstrom introduced Jerry Johnson and Ken Johnson from Shafer,
       Kline & Warren, Inc.

       JERRY JOHNSON, Shafer, Kline & Warren, Inc., 11100 W. 91st St, Overland Park,
       stated the street classification would be a minor collector, bike lane designated route. He
       described the typical section as a 36 foot back to back collector street, two 12 foot lanes
       (one north bound, one south bound), two 4 foot striped bicycle lanes on each side, with 2
       foot curb and gutter. The lighting fixtures will go on the west side along with a 4 foot
       concrete sidewalk. The designed speed is 35 m.p.h. and the posting speed is 30 m.p.h.
       with beacon flashing lights for the school zone. He described the study and some of the
       design challenges which are Ray Marsh Elementary school, two crossings of storm
       drainage, right-of-way availability at 5729 Rosehill Road, and a turn lane at Johnson
       Drive.

       Councilmember Pflumm asked if they received any comments about the left-hand-turn
       lane on Johnson Drive at the neighborhood meeting.

       JERRY JOHNSON responded the meeting was for individuals to talk personally about
       what the impact of the project would be specifically for their property such as driveway
       access, sidewalks, etc. He said none of the people he talked to brought up the left-hand-
       turn lane.

       Councilmember Goode, seconded by Councilmember Segale, moved to approve an
       Engineering Study and Report submitted by Shafer, Kline and Warren for the design of
       Rosehill Road, from Johnson Drive to 55th Street, P.N. 3294, with the estimated
       construction costs at $1,100,000, and the estimated total project costs are $1,800,000.
       The motion carried 8-0.

Councilmember Goode left the meeting at 10:00 p.m.

18.    CONSIDER APPROVAL OF A PROFESSIONAL SERVICES CONTRACT TO
       COMPLETE MASTER PLAN, CONSTRUCTION DOCUMENTS, BIDDING
JANUARY 27, 2003                  CITY COUNCIL MINUTES                                PAGE 25


      SERVICES AND CONSTRUCTION OBSERVATION FOR FRENCHMAN’S
      CREEK PARK.

      Mayor Allen stated that the City has negotiated a contract with Landplan Engineering,
      Inc., Lawrence, Kansas, to provide these engineering services.

      Councilmember Meyers, seconded by Councilmember McGuff, moved to authorize the
      Mayor to sign a professional services contract with Landplan Engineering, Inc. to
      complete master plan, construction documents, bidding services and construction
      observation for Frenchman’s Creek Park, with compensation to be paid on a lump sum
      basis or hourly with an upper limit not to exceed $89,000. The motion carried 7-0.

19.   CONSIDER THE INTERLOCAL AGREEMENT WITH JOHNSON COUNTY
      FOR STORM DRAINAGE IMPROVEMENTS NEAR 19505 MIDLAND DRIVE,
      PHASE II (MC-21-035).

      Mayor Allen stated this agreement concerns the buyout of the property at 19505 Midland
      Drive, the Pyle Building. Funding by SMAC was approved in September 2002.

      Councilmember McGuff, seconded by Councilmember Meyers, moved to authorize the
      Mayor to sign the interlocal agreement with Johnson County for 19505 Midland Drive
      (MC-21-035), with the County providing 75% ($307,000) of the eligible design cost for
      the project, with the estimated cost of the project at $443,000, and the City providing
      $136,000 from the Parks and Pipes fund as shown in the Five Year Capital Improvement
      Projects. The motion carried 7-0.

Councilmember Goode returned to the meeting at 10:02 p.m.

20.   CONSIDER BIDS FOR JANITORIAL SERVICE FOR CITY BUILDINGS.

      Mayor Allen stated that bids were received on December 17, 2002. The bids were quoted
      on a monthly basis and two vendors were selected.

      Councilmember Thomas asked if these are the two existing vendors.

      City Manager Montague answered no.

      Councilmember Thomas asked if no company wanted to bid on all the City buildings.

      City Manager Montague stated it was a staff recommendation to split the services up
      between two different companies.

      Councilmember McGuff, seconded by Councilmember Segale, moved to award the bid
      for janitorial service to Heartland Building Maintenance, Shawnee, Kansas for the Civic
      Centre ($1,950), Police Station ($1,550), and Public Works ($ 836.78); and award the bid
      for janitorial service to Town & Country Building Service, North Kansas City, Missouri,
PAGE 26                           CITY COUNCIL MINUTES                         JANUARY 27, 2003


      for City Hall ($2,263), Town Hall ($465), Trading Post ($195), and the Trail Café ($145).
      The motion carried 8-0.

21.   CONSIDER BIDS FOR CITY VEHICLES.

      Mayor Allen stated bids were submitted on September 6, 2002.

      Councilmember McGuff, seconded by Councilmember Segale, moved to approving the
      purchase of 19 City vehicles off the Mid America Council of Public Purchasing
      (MACPP) Vehicle Bid for the 2003 model year. The motion carried 8-0.

APPOINTMENTS

22.   CONSIDER APPOINTMENT TO THE PARKS AND RECREATION ADVISORY
      BOARD.

      Mayor Allen stated he is recommending the appointment of Cheryl Scott to the Parks and
      Recreation Advisory Board as the Mayor’s appointment at large.

      Councilmember Thomas stated she is going to oppose this item. She said she had an
      unpleasant encounter with this individual regarding letterhead. She requested that the
      City not provide letterhead to this individual at least for the first year.

      Mayor Allen stated he opposes that request. He said he knows Cheryl Scott very well.
      He indicated that she is an outstanding individual and will be a tremendous asset to the
      Parks and Recreation Advisory Board.

      Councilmember Segale, seconded by Councilmember Goode, moved to appoint Cheryl
      Scott to the Parks and Recreation Advisory Board, with a term expiring on December 31,
      2005. The motion carried 7-1, with Councilmembers Pflumm, Segale, Sawyer, Goode,
      Meyers, McGuff, and Newby voting aye, and Councilmember Thomas voting nay.

23.   MISCELLANEOUS COUNCIL ITEMS.

      a)     American Marshall Fellow.

             Councilmember Segale stated he has been chosen as an American Marshall
             Fellow which entails going to Europe (Brussels, Prague, Bologna, Berlin, and
             Copenhagen) in March for three weeks to study the different governmental
             institutions. It is a nice honor, but the things he was able to point to as
             achievements as a leader in the community were things that he has mainly been
             able to achieve as a Councilmember. He thanked the Governing Body, the City
             Manager, and City staff for operating as a team. He indicated if they achieve
             things individually, they can be recognized for it really because the City all works
             together as a team.
JANUARY 27, 2003                  CITY COUNCIL MINUTES                                PAGE 27


      b)     Executive Session.

             Councilmember Goode, seconded Councilmember Pflumm, moved to recess to
             executive session for approximately 20 minutes for the purpose of receiving
             attorney/client privileged communication, regarding a lawsuit that was filed by a
             home’s association against the City on a roofing ordinance, with the City Council
             meeting to reconvene in the Council Chambers at the conclusion of the executive
             session. The motion carried 8-0, and the meeting recessed at 10:07 p.m.

             Councilmember Thomas, seconded by Councilmember Sawyer, moved to
             conclude the executive session. The motion carried 8-0.

             Councilmember Thomas, seconded by Councilmember Sawyer, moved to
             reconvene the meeting. The motion carried 8-0, and the meeting reconvened at
             10:28 p.m.

ADJOURNMENT

Councilmember Thomas, seconded by Councilmember Meyers, moved to adjourn. The motion
carried 8-0, and the meeting adjourned at 10:29 p.m.




_______________________________
Sonya Fendorf
Recording Secretary

								
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