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					                                    CITY OF SHAWNEE
                                 CITY COUNCIL MEETING
                                        MINUTES
                                     AUGUST 26, 2002
                                         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 Segale        City Manager Montague
     Councilmember Goode         City Attorney Rainey
     Councilmember Sawyer        Assistant City Manager Gonzales
     Councilmember McGuff        Public Works Director Freyermuth
     Councilmember Thomas        Finance Director Meyer
     Councilmember Newby         Planning Director Chaffee
                                 Parks & Recreation Director Holman
     Councilmembers Absent       Police Chief Clark
     Councilmember Pflumm        Fire Chief Hudson
     Councilmember Meyers        City Engineer Wesselschmidt
                                 Project Engineer Gregory

Members of the public who spoke were: Item 12h - MAX DEMETZ, Payne and Brockway
Engineers, 426 South Kansas, Olathe, DAROL RODROCK, 11450 W. 207th Street, Bucyrus,
Kansas, ERNEST STRAUB, 10575 Widmer, and MYRA GROSS; Item 14a - GREG CHENEY,
6924 Larson Lane; and Business from the floor - JIM HAYES, 19100 W. 59th Street..

CONSENT AGENDA

1.       APPROVE MINUTES FROM THE CITY COUNCIL MEETING OF AUGUST 12,
         2002.

2.       REVIEW MINUTES FROM THE PLANNING COMMISSION MEETING OF
         AUGUST 5, 2002.

3.       REVIEW MINUTES FROM THE PUBLIC                        WORKS       AND     SAFETY
         COMMITTEE MEETING OF AUGUST 20, 2002.

4.       CONSIDER RESOLUTION FOR THE ENLARGEMENT OF CONSOLIDATED
         MAIN SEWER DISTRICT FOR THE GENERAL VICINITY OF 75TH STREET
         AND GLEASON ROAD.

         Having passed, Resolution 1328 was assigned.
PAGE 2                               CITY COUNCIL MINUTES                        AUGUST 26, 2002


5.       CONSIDER CHANGE ORDER NO. 4 AND FINAL FOR THE 63RD STREET
         RECONSTRUCTION, FROM RENE TO LACKMAN, P.N. 3253.

         The contract was awarded to Blacktop Paving & Construction on December 11, 2000, in
         the amount of $1,334,942.22. This change order reflects a net increase of $7,512.42. The
         new contract amount for this project is $1,449,686.57.

6.       CONSIDER CHANGE ORDERS NO. 6 AND 7 FOR THE WILDER ROAD
         BRIDGE OVER HAYS CREEK, P.N. 3252.

         These requests are from the Kansas Department of Transportation (KDOT). Change
         Order 6 represents a net increase of $5,367.69. Change Order 7 represents a net decrease
         of $7,595.90. The net difference for both change orders is a decrease of $2,228.21.

 7.      CONSIDER APPLICATION FOR A LICENSE FOR THE SALE OF CEREAL
         MALT BEVERAGES, FOR NON-CONSUMPTION ON PREMISES AT THE
         DILLON STORE AT 22210 WEST 66TH STREET.

         Staff received the application from the Dillon Store at 22210 West 66th Street. Staff has
         reviewed the application and is recommending approval through December 2002.

8.       CONSIDER RESOLUTION FOR SPECIAL ASSESSMENTS PREVIOUSLY
         DEFERRED THAT ARE NOW DUE AND PAYABLE FOR PAYING THE COST
         OF CONSTRUCTION OF LACKMAN ROAD FROM THE SOUTH CITY
         LIMITS (7500 BLOCK) TO 63RD STREET (P.N. 3179) DUE TO THE
         RECORDING OF THE PLAT “TUCKAWAY II.”

         Having passed, Resolution 1329 was assigned.

9.       CONSIDER RESOLUTION FOR SPECIAL ASSESSMENTS PREVIOUSLY
         DEFERRED THAT ARE NOW DUE AND PAYABLE FOR PAYING THE COST
         OF CONSTRUCTION OF LACKMAN ROAD FROM THE SOUTH CITY
         LIMITS (7500 BLOCK) TO 63RD STREET (P.N. 3179) DUE TO THE
         RECORDING OF THE PLAT “SHAWNEE HOME DEPOT.”

         Having passed, Resolution 1330 was assigned.

9-A.     CONSIDER RESOLUTION FOR SPECIAL ASSESSMENTS DEFERRED UNTIL
         2002 THAT ARE NOW DUE AND PAYABLE FOR PAYING THE COST OF
         CONSTRUCTION OF LACKMAN ROAD FROM THE SOUTH CITY LIMITS
         (7500 BLOCK) TO 63RD STREET, P.N. 3179.

         Having passed, Resolution 1331 was assigned.

Councilmember Segale stated he had a correction to the August 20, 2002 Public Works & Safety
Committee minutes. He said Item 5 of the minutes states: "Councilmember Segale stated he
AUGUST 26, 2002                    CITY COUNCIL MINUTES                                 PAGE 3


agreed with Councilmember Newby because the Council had two different instances…On that
count, they took the position they were going to mow it." He said the minutes should state: "On
that count, they took the position they were not going to mow it."

Councilmember Segale asked if the August 12, 2002 City Council minutes should be changed
under Item 25b. He said the minutes states: "City Attorney Rainey commended Planning
Commissioner Sandifer for cleaning up the property and went on to say there was no discussion
of the landfill."

City Attorney Rainey verified that the August 12, 2002 City Council minutes should be corrected
as follows: "City Attorney Rainey stated that Councilmember Sawyer's purpose may have been to
commend Planning Commissioner Sandifer for cleaning up the property and went on to say there
was no discussion of the landfill."

Councilmember Goode, seconded by Councilmember Newby, moved to approve the entire
consent agenda as amended. The motion carried 6-0.

MAYOR’S ITEMS

There were no Mayor’s items.

Mayor Allen asked that Item 12 be the next item considered on the agenda.

12.    CONSIDER THE FOLLOWING ITEMS                           FROM          THE   PLANNING
       COMMISSION MEETING OF AUGUST 5, 2002.

       a)     Consider review of SUP-3-92-7, a special use permit issued to Hodgdon Powder
              Company to allow storage of smokeless propellants at 6335 Lind Road.

              Mayor Allen stated that the Planning Commission recommended 9-0 that the
              Council renew SUP-3-92-7. He said there is a request to table this item for 30
              days. He mentioned that Councilmember Meyers was not able to attend the City
              Council meeting because of a school function. He indicated that Councilmember
              Meyers and Councilmember McGuff want to visit the site before discussing this
              item.

              Councilmember Goode, seconded by Councilmember Thomas, moved to table the
              discussion of renewing SUP-3-92-7, a special use permit issued to Hodgdon
              Powder Company to allow storage of smokeless propellants at 6335 Lind Road, to
              the September 23, 2002 City Council meeting. The motion carried 6-0.

PUBLIC ITEMS

10.    DISCUSS THE CHANGE OF LOCATION OF THE COUNCIL MEETING ON
       SEPTEMBER 9, 2002, TO THE CIVIC CENTRE, BEGINNING AT 7:30 P.M.
PAGE 4                                CITY COUNCIL MINUTES                       AUGUST 26, 2002


         Mayor Allen stated that the Deffenbaugh expansion application is scheduled to be heard
         by the City Council at their meeting of September 9, 2002. The anticipated number of
         citizens who will be attending the meeting is expected to exceed the maximum capacity
         of the Council Chambers at City Hall. Staff has received requests that the meeting be
         held at a facility that will accommodate a larger number of people.

         Councilmember Thomas requested that the first major item for discussion at the meeting
         be the Deffenbaugh item.

         Mayor Allen stated they are looking to do that.

         Councilmember Goode, seconded by Councilmember Segale, moved to change the
         location of the September 9, 2002, City Council meeting from City Hall to the Shawnee
         Civic Centre. The motion carried 5-0-1, with Councilmembers Segale, Sawyer, Goode,
         Thomas, and Newby voting aye, and Councilmember McGuff abstaining.

11.      CONSIDER A WILD AND EXOTIC ANIMAL DISPLAY                                      PERMIT
         APPLICATION FROM PET STOP AT 6218 NIEMAN ROAD.

         Mayor Allen stated that Greg Smith is requesting approval of an application for a Wild
         and Exotic Animal Display Permit. Lemurs are primates, mammals closely related to
         monkeys and apes.

         Councilmember Segale, seconded by Councilmember Thomas, moved to approve an
         application for a Wild and Exotic Animal Display Permit to display two Ring-tailed
         Lemurs at Pet Stop, 6218 Nieman Road. The motion carried 6-0.

12.      CONSIDER THE FOLLOWING ITEMS                           FROM       THE      PLANNING
         COMMISSION MEETING OF AUGUST 5, 2002.

         a)     Consider review of SUP-3-92-7, a special use permit issued to Hodgdon Powder
                Company to allow storage of smokeless propellants at 6335 Lind Road.

                This item was considered after Mayor’s items.

         b)     Consider review of SUP-6-93-8, a special use permit issued to the American
                Legion to allow live entertainment at 6521 Nieman Road.

                Mayor Allen stated that the Planning Commission recommended 9-0 that the
                Council renew SUP-6-93-8.

                Councilmember Goode, seconded by Councilmember McGuff, moved to renew
                SUP-6-93-8, a special use permit to allow live entertainment in the form of a band
                on Wednesday and Friday evenings between 8:00 p.m. and 12:00 a.m., at the
                American Legion Post #327, located at 6521 Nieman Road, subject to review in
                four years. The motion carried 6-0.
AUGUST 26, 2002                   CITY COUNCIL MINUTES                                 PAGE 5




      c)     Consider review of SUP-4-00-7, a special use permit issued to Holliday Sand &
             Gravel to allow sand extraction at 21900 West 43rd Street.

             Mayor Allen stated that the Planning Commission recommended 8-0-1 that the
             Council renew SUP-4-00-7.

             Councilmember Goode, seconded by Councilmember Sawyer, moved to renew
             SUP-4-00-7, a special use permit issued to Holliday Sand & Gravel to allow sand
             extraction at 21900 West 43rd Street, subject to the Planning Commission’s
             recommendations listed in the August 26, 2002 staff report. The motion carried
             6-0.

      d)     Consider review of SUP-5-00-7, a special use permit issued to Christot’s Country
             Day School to allow the operation of a Montessori and preschool for up to 46
             children at 21403 Midland Drive.

             Mayor Allen stated that the Planning Commission recommended 9-0 that the
             Council renew SUP-5-00-7.

             Planning Director Chaffee reviewed the August 26, 2002 staff report.

             Councilmember Segale stated he noticed it said all violations have been corrected
             on the Fire Departments Inspection. He asked if there were violations.

             Planning Director Chaffee stated there was a problem with one of the smoke
             alarms, but that has been taken care of.

             Councilmember Segale, seconded by Councilmember Goode, moved to renew
             SUP-5-00-7, a special use permit issued to Christot’s Country Day School to
             allow the operation of a Montessori and preschool for up to 46 children at 21403
             Midland Drive, subject to the Planning Commission’s recommendations listed in
             the August 26, 2002 staff report. The motion carried 6-0.

      e)     Consider review of SUP-7-01-8, a special use permit issued to Heart of America
             Research Institute to allow in-patient medical services at 12682 Shawnee Mission
             Parkway.

             Mayor Allen stated that the Planning Commission recommended 9-0 that the
             Council renew SUP-7-01-8.

             Planning Director Chaffee reviewed the August 26, 2002 staff report.

             Councilmember Thomas stated this is for pharmaceuticals research and not for the
             treatment of patients of disease and alcohol or chemical dependency.
PAGE 6                             CITY COUNCIL MINUTES                          AUGUST 26, 2002


              Councilmember Goode, seconded by Councilmember Thomas, moved to renew
              SUP-7-01-8, a special use permit issued to Heart of America Research Institute to
              allow in-patient medical services at 12682 Shawnee Mission Parkway, subject to
              the Planning Commission’s recommendations listed in the August 26, 2002 staff
              report. The motion carried 6-0.

         f)   Consider FP-28-02-08, final plat for A.M.S. for one lot at 4830 Old K-7 Highway.

              Mayor Allen stated that the Planning Commission recommended 9-0 that the
              Council accept the dedications on FP-28-02-08.

              Councilmember Segale, seconded by Councilmember Goode, moved to accept the
              dedications on FP-28-02-08, final plat for A.M.S. for one lot at 4830 Old K-7
              Highway, subject to the Planning Commission’s recommendations listed in the
              August 26, 2002 staff report. The motion carried 6-0.

         g)   Consider Z-6-02-08, request to rezone from AG (Agricultural) and R-1 (Single
              Family Residential) to R-1 (Single Family Residential) and PrePlat-27-02-08 for
              Estates of Highland Ridge, a 109-lot single-family subdivision in the 5000-5300
              blocks of Old K-7 Highway.

              Mayor Allen stated that the Planning Commission recommended 8-1 that the
              Council approve Z-6-02-08.

              Councilmember Segale stated there was a lot of discussion about this item and he
              did not have any problems with these changes. He said there has also been a lot
              of discussion recently about the issue of trust and how they adhere to things that
              are written down. He indicated here is a case where there was a minor change
              where more land was acquired and the density has actually gone down, but none
              the less, the changes occurred. He pointed out strict adherence to things written in
              the past may not always be a good thing.

              Councilmember Goode, seconded by Councilmember Newby, moved to pass an
              ordinance and approve Z-6-02-08, request to rezone from AG (Agricultural) and
              R-1 (Single Family Residential) to R-1 (Single Family Residential) and PrePlat-
              27-02-08 for Estates of Highland Ridge, a 109-lot single-family subdivision in the
              5000-5300 blocks of Old K-7 Highway, subject to the Planning Commission’s
              recommendations listed in the August 26, 2002 staff report. The motion carried
              6-0. Having passed, Ordinance 2622 was assigned.

         h)   Consider PUD-5-02-04, planned unit development and rezoning from PMR
              (Planned Mixed Residential) to PMR (Planned Mixed Residential) for Woodsonia
              West, for 368 units in the 4900-5500 blocks of Woodsonia Drive.

              Mayor Allen stated that the Planning Commission recommended 9-0 that the
              Council approve PUD-5-02-08.
AUGUST 26, 2002                   CITY COUNCIL MINUTES                                  PAGE 7




             Planning Director Chaffee reviewed the August 26, 2002 staff report.

             Councilmember Goode, seconded by Councilmember Segale, moved to pass an
             ordinance and approve PUD-5-02-04, planned unit development and rezoning
             from PMR (Planned Mixed Residential) to PMR (Planned Mixed Residential) for
             Woodsonia West, for 368 units in the 4900-5500 blocks of Woodsonia Drive,
             subject to the Planning Commission’s recommendations listed in the August 26,
             2002 staff report.

             Councilmember Segale asked about the turn around at 53rd. He asked is that the
             one that goes into the commercial area.

             Planning Director Chaffee answered yes.

             Councilmember Segale asked if Planning Director Chaffee could explain the
             situation.

             Planning Director Chaffee stated generally, the Engineering Division requires a
             turn around when a public street turns into a private drive so City equipment can
             turn around and leave since they will not maintain the private property or private
             drives.

             Councilmember Segale asked if 53rd is a public street.

             Planning Director Chaffee answered yes. He said the applicant is requesting that
             they just do a temporary turn around and a permanent turn around be done by the
             commercial developer on the south side.

             Councilmember Segale asked if eventually that would connect through.

             Planning Director Chaffee stated eventually that is going to connect through into
             the commercial center and provide access through. He said there is a valid site
             plan still sitting on the commercial until they come in with something different.

             Councilmember Segale asked if it had a turn around on it.

             Planning Director Chaffee pointed out where the turn around would be located.

             Councilmember Segale asked if the problem is a matter of just putting some more
             curbing with an oval instead of just putting the asphalt there.

             Planning Director Chaffee answered yes.

             Councilmember Segale asked why the streets are private.
PAGE 8                        CITY COUNCIL MINUTES                          AUGUST 26, 2002


         Planning Director Chaffee stated the development is sort of neo-traditional in
         nature.

         Councilmember Segale stated he thinks this is a nice development, but he would
         not necessarily call it neo-traditional. He asked if the issue was the radius on the
         corners.

         Planning Director Chaffee answered in the curves. He stated generally apartment
         complexes would have private streets maintained by the homes association. He
         said these units would be for sale.

         Councilmember Segale asked if the hard surface walking trails would be asphalt.

         Planning Director Chaffee answered yes.

         Councilmember Segale asked if the City would have jurisdiction to cite them if
         the sidewalks are not maintained to some standard.

         Planning Director Chaffee stated the City would let them know that in the
         development plan they are required to meet the standard, but the City will not go
         in and maintain the sidewalks.

         Public Works Freyermuth stated staff would send them information that there is a
         problem within their private drive that needs repair.

         Councilmember Thomas asked what a smart board is.

         Planning Director Chaffee stated it is a new product that is similar to hardy board
         that is a vertical panel as opposed to a lap siding.

         Councilmember McGuff stated a smart board is a composite wood material and is
         susceptible to rot.

         Councilmember Thomas stated she is concerned when they do variances on the
         width of private streets because there is a history of associations coming back
         later to the City asking that they plow the streets.

         Planning Director Chaffee stated there is no variance for the width of the streets.
         He said the developer will be providing the 27 foot wide street with the curbs and
         gutters. The variances in this location deal with curves, the bends in the road, and
         the radiuses.

         Councilmember Thomas asked if the plows would be able to make the turns.

         MAX DEMETZ, Payne and Brockway Engineers, 426 South Kansas, Olathe,
         stated he was there on behalf of Darol Rodrock, property developer. He thanked
AUGUST 26, 2002                     CITY COUNCIL MINUTES                                   PAGE 9


             the neighbors and staff who worked on this for a year.           He passed out the
             following information to Council:

                                            WOODSONIA WEST
                                      Variances needed on Private Streets

                  1. Page 7, Item 11 - 4th Bullet
                     The first side street on 53rd Street west of Woodsonia Drive has been
                     relocated to meet the City Standard of 150' centerline to centerline or
                     125' back of curb to back of curb. The staff recommendation of 200'
                     to 250' of separation is excessive.

                  2. Page 8, Item a - Last Bullet
                     Sidewalk should be built on the south side of 53rd Street from
                     Woodsonia Drive to the first connection with the Trail System. It
                     should not continue beyond that point.

                  3. Page 12, Item 2
                     The side streets from Silverheel and those side streets south of 53rd
                     Street need to have centerline radii variances as shown on the plans.
                     These are short, private access drives on which slow vehicular traffic
                     is encouraged. All Silverheel centerlines will meet the City standard
                     of 175', but the north centerline at 51st Street cannot be expanded to
                     200' as per staff's request.

                  4. Page 13, Item 3
                     On Silverheel, the offset from the centerline of 51st Street to the
                     centerline of 51st Terrace shall be 130 feet. The shape on the land
                     west of Silverheel at 51st Street restricts the ability to provide greater
                     separation.

                  5. Page 13, Item 4
                     On 53rd Street, the offset between the centerline of 52nd Circle and
                     the centerline of 53rd Terrace shall be 115' minimum. Staff has agreed
                     with this request.

                  6. Page 14, Item 5
                     The public street (53rd Street) is designed to serve the commercial
                     property. If that property decides to terminate the public street and not
                     extend it to Johnson Drive, the terminus point should be on their tract.
                     The full width street should be extended to the commercial property
                     and the cul-de-sac (if necessary) should be built with that project.
                     Woodsonia West shall provide temporary cul-de-sac by providing
                     asphalt radius beyond the curb line until the commercial tract
                     develops.
PAGE 10                        CITY COUNCIL MINUTES                         AUGUST 26, 2002


             7. Page 14, Item 6
                The non-standard intersection on Silverheel with 52nd Place and 52nd
                Terrace shall be as shown on the plan. An acceptable alternative
                would be for a non-standard intersection separation of 40' from
                centerline to centerline which would not interfere with left turn
                movements.

             8. Page 15, Item g
                The median break must remain open to serve the town homes. This
                became necessary when the right-in, right-out commercial driveway
                was required for the commercial tract.

             9. Page 16, Item k
                The hammerheads shown were selected from the three approved
                geometrics supplied by the Fire Marshal. No house driveway accesses
                a hammerhead like a cul-de-sac.

             10. Page 20, Item 18
                 Utility locations are not completely established with utility companies.
                 This development may need the ability to vary the utility location.

             11. Page 21, Item 8
                 Depending on weather or other conditions, not all perimeter
                 landscaping may be installed prior to developer needing a temporary
                 occupancy permit. An alternative to guarantee installation (such as a
                 bond) is needed.

             12. Page 21, Item 8
                 The trails cannot be constructed prior to building permit. All of the
                 house excavation will destroy the trails. The trail construction should
                 be guaranteed by a bond and installed after houses on each side of the
                 trail are completed.

                                     ADDITIONAL VARIANCES

                 Page 5, Item 7
                 The ranch model to have a minimum floor area of 1,000 sq. ft.

                 Page 21, Item 2
                 Two town home front elevations have been submitted. Developer can
                 build up to 50% of each front.

          MAX DEMETZ presented a map of the area. He stated they are talking about
          some variations in geometrics. They have created little circle neighborhoods with
          drives for a quiet non speeding situation. He reviewed Items 1 – 4.
AUGUST 26, 2002                   CITY COUNCIL MINUTES                                  PAGE 11


             Councilmember Segale asked if Mr. Demetz was addressing all the variance
             issues that had not been resolved.

             MAX DEMETZ stated some of them have been and some of them have not been.
             He said he would like Council to approve these variances.

             Councilmember Segale stated it would be helpful to him if Mr. Demetz would
             focus on the variances that have not been resolved.

             MAX DEMETZ stated the offset from the centerline of 51st Street to the
             centerline of 51st Terrace shall be 130 feet on Silverheel has not been resolved.
             The shape on the land west of Silverheel at 51st Street restricts the ability to
             provide greater separation. He said the public street, 53rd Street, is designed to
             serve the commercial property. If that property decides to terminate the public
             street and not extend to Johnson Drive, the terminus point should be on their tract.
             The full width street should be extended to the commercial property and the cul-
             de-sac (if necessary) should be built with that project. Woodsonia West shall
             provide a temporary cul-de-sac by providing asphalt radius beyond the curb line
             until the commercial tract develops.

             Councilmember Sawyer asked if items 3 and 4 had been resolved.

             MAX DEMETZ answered no.

             Councilmember Segale asked if the applicant is willing to build a temporary turn
             around regarding Item 6.

             MAX DEMETZ answered sure. He said they would build a straight street to the
             property line and they would come back and put a temporary asphalt turn around
             outside the curb.

             Councilmember Segale asked what prevents an extra curb from being built as a
             permanent feature. He asked if a house would be impacted if they put a curb on
             the outside.

             MAX DEMETZ stated yes. He pointed out the impacted units on the map. If the
             commercial people want to kill the public street, they will bring a public street to
             them, but if they want to stop the public street, it seems like the terminous point
             should be on them instead of on the applicant.

             Councilmember Sawyer stated so many times it is not the commercial that wants
             to stop the public street; it is the residents of the subdivision.

             MAX DEMETZ stated their plan shows the street going on through out to
             Johnson Drive. It is whether they keep it private or public.
PAGE 12                         CITY COUNCIL MINUTES                          AUGUST 26, 2002


          Councilmember Sawyer stated that the developer of this project should provide
          the turn around.

          MAX DEMETZ stated the whole reason they are building that street is to get to
          commercial.

          Planning Director Chaffee stated the way that Mr. Demetz shows it is not the way
          it was approved. It will not have a ball on it when it is improved. The intent from
          the Nichol's plan for the commercial, which still exists, is that the street from the
          commercial to the residential will still go through. It will not be a cul-de-sac that
          will not go through. He said commercial development is still there. Engineering
          is just looking for a turn around which is generally required.

          Councilmember Segale asked if there is a pipeline there.

          MAX DEMETZ answered yes. There is a gas pipeline there.

          Councilmember Segale asked if that is impacting their ability to provide this
          permanent turn around.

          MAX DEMETZ answered no. He said his contention is the public street should
          go ahead into their property, and if they want to keep a public street they can take
          it down to Johnson Drive which is their option. He indicated if they want it to
          quit, then they can put the cul-de-sac bulb on and it would be a public cul-de-sac
          bulb there.

          Planning Director Chaffee stated the Nichol's plan, which is what the Engineering
          staff is referring to when they recommended to not allow the variance, showed the
          turn around being on the residential property, not on the commercial property. He
          said the commercial developer is not at the meeting to talk about his valid site
          plan. He indicated if the City gives the variance, then they would be dumping
          something off on the commercial developer.

          Councilmember Segale asked if the commercial development shows a public
          street going out to Johnson Drive.

          Planning Director Chaffee answered no. He stated it is their private drive.

          Councilmember Segale pointed out that the plan the City has when this was talked
          about before with the commercial does not show a public street going to Johnson
          Drive.

          MAX DEMETZ responded the one he got from the developer, Curry Miles, for
          J.C. Nichols did not show a cul-de-sac either; it showed a straight through.
AUGUST 26, 2002                   CITY COUNCIL MINUTES                                PAGE 13


             Planning Director Chaffee stated one of the conditions of approval was that there
             be the cul-de-sac and they never proceeded with their revised plan because they
             were not ready to develop.

             Councilmember Segale asked if putting in a curb bulb, which is not a cul-de-sac
             because it is going to be a through street, in this residential subdivision would
             affect the buildings there in terms of going too close to a wall or going through
             part of a building.

             MAX DEMETZ stated they can not meet the setbacks for the town home there at
             the corner.

             Councilmember Segale asked if these issues had to be resolved before they could
             go forward with this item.

             Public Works Freyermuth stated it should be resolved tonight so they would know
             where right-of-way is needed and who is going to be doing it.

             Councilmember Newby asked if these items were just left open or were they
             discussed at the Planning Commission meeting.

             Planning Director Chaffee stated they were discussed at the Planning Commission
             meeting, but the Planning Commission does not have the authority to grant
             variances. He indicated that the Planning Commission was basically happy with
             the plan that was submitted provided they could get the variances approved. He
             said the Planning Commission liked the concept that was being presented and did
             not want to turn it down hoping that these issues could get resolved and that some
             variances would be granted and some not granted. He noted the developer would
             have to come in with a revised preliminary correcting the variances not granted
             that evening for engineering staff to review before they can go onto their final
             plan.

             Councilmember Newby asked             if   the   Planning   Commission      made
             recommendations on the variances.

             Planning Director Chaffee answered they did not make recommendations. The
             Planning Commission deferred the variances to Council.

             Councilmember Thomas stated she likes this plan and knows these are quality
             developers. She asked if they could table this item for 30 days. She said this is
             unusual to have so many items unresolved. She stated she felt like Council was
             being asked to micromanage this and she did not know enough to ask the right
             questions. She said she would rather the developers meet with Planning Director
             Chaffee to get these resolved, but she did not understand the rush. She said on
             Item 4, when they go from 150 feet to 130 feet, she did not know if that had ever
             been done before.
PAGE 14                        CITY COUNCIL MINUTES                          AUGUST 26, 2002




          DAROL RODROCK, 11450 W. 207th Street, Bucyrus, Kansas, reviewed the
          background of the project. He stated he is bringing a better project here than what
          has been approved by the City in the past. He indicated this will be an entry-
          level, senior citizen, and young professional market which has never been done.
          He noted that he met with City Manager Montague, Planning Director Chaffee,
          and several Councilmembers over a year ago about the possibility of doing a neo-
          traditional concept. He indicated he did not own the commercial so he can only
          connect the jogging trails and things that go into this community as best as he can
          to bring in kind of a concept or theme. In considering this concept, they need
          some variances.

          DAROL RODROCK mentioned that this took over a year of design and they have
          had at least ten meetings, and Engineering spent an earnest effort in trying to
          make this work, but there are some other variances that staff and he are apart on.
          What that means to him are 35 units, which make a difference in the last 10%
          worth of profit in his business. He noted that Engineering does not agree with
          nine of the variances requested. He asked Council to approve his plan in
          consideration of the variances presented. He reviewed the additional variances.

          Planning Director Chaffee stated the Planning Commission required that Mr.
          Rodrock meet the minimum standards set for multi-family development and that
          25% of the front elevation for all his multi-family structures have brick, stone, or
          stucco, which the Planning Commission has required of every multi-family
          building in the last 4-5 years.

          DAROL RODROCK stated he is asking for a variance for the possibility that
          some buildings are 100% brick, some buildings are 100% lap, and that the whole
          project would be 50% or more, rather than 25% of the building brick.

          Planning Director Chaffee stated Mr. Rodrock is proposing something different
          than what has been required of other developers by the Planning Commission.

          Councilmember Segale asked if Mr. Rodrock would rather build 100% of one
          material than mix the materials.

          DAROL RODROCK stated he would like his buildings not to look identical.

          Councilmember Goode stated he supported the variance for the ranch model to
          have a minimum floor area of 1,000 square feet, provided it is a handicapped
          accessible unit.

          Councilmember McGuff mentioned that Mr. Rodrock, members of the
          Woodsonia Home's Association, residents, and he met and they are in favor of
          this plan because the units would be for sale and not for rent. He said he favors
AUGUST 26, 2002                   CITY COUNCIL MINUTES                                  PAGE 15


             the plan, but he feels like Council is being asked to make engineering decisions,
             and they need more input on the variances.

             Councilmember Goode stated this is an outstanding development. He said he did
             not see anything wrong with the variances.

             Councilmember Segale asked if Mr. Rodrock had talked to Planning Director
             Chaffee about the additional variance.

             DAROL RODROCK stated he thought so.

             Planning Director Chaffee stated with the engineering variances, these items have
             been bantered around for probably six to seven months. He said the developer's
             engineer has made numerous changes along the way to make some adjustments
             that Council does not even see this evening. He noted they are down to the point
             now that they know which variances engineering has resolved and the variances
             engineering does not recommend approval of. He said he did not think that would
             change because it has not changed over the last seven months. He indicated he
             did not think another 30 days with the developer would get them anywhere. He
             noted the problem staff certainly has with the front building elevations is the City
             has a policy that the Planning Commission and staff have been upholding over the
             last few years that developers have had to meet. Council can change the policy.
             The 1,100 square foot is by City code minimum house size. If they issue a
             variance here, every developer would want the same kind of variance which
             would make it very difficult for staff to enforce City guidelines. He mentioned
             there is nothing to prevent Mr. Rodrock from doing 100% if he wants to. The
             requirement is at least 25% brick or stone on all of the structures.

             DAROL RODROCK stated this has been longer than six or seven months. It has
             been closer to a year. This project is a stand-a-lone and would be healthy for this
             City.

             Councilmember Segale asked if these variances were here because staff does not
             feel comfortable with the policies the City has in place now and with the
             regulations engineering has for road design.

             Public Works Freyermuth stated the code is clear on what it should be. These are
             issues that they could not make fit the code exactly with the design and layout the
             developer has for this project. For staff to go ahead and approve the plans and
             construction issues later, staff needs guidance at this point from Council. That
             way staff would have the guidelines as the plans come in for construction that this
             has all been approved with variations from what staff would normally see on City
             requirements. Engineering would not give recommendations for the variances
             because once it is recommended that the City do things different, it is kind of hard
             to enforce City standards if staff is recommending varying them at any time.
PAGE 16                        CITY COUNCIL MINUTES                          AUGUST 26, 2002


          Councilmember Segale asked about Item 1 regarding the street entrance.

          Public Works Freyermuth stated there are a lot of different items where following
          City standards did not fit exactly with the layout of this subdivision. He said
          these are the group of items that could not be changed to meet City standards and
          still have the project layout the way it is shown.

          Councilmember Segale asked if those separations, like on Silverheel, the 20 feet
          means something because of stopping distances.

          Public Works Freyermuth answered correct. He stated the City standards are
          basically averages that they have developed over the years to put in as minimums
          to avoid problems, but on each individual project, it is hard to say that a lesser
          amount is going to cause a problem. It is hard to say what the issues will be for
          any particular location until development and traffic flow is there.

          Councilmember Segale asked what the City standards are derived from.

          Public Works Director Freyermuth stated the City standards are basically flat
          standards in the Code so applicants can work out plans based on the minimums.
          He said staff needs guidance from Council that it is alright to proceed with these
          variances.

          ERNEST STRAUB, 10575 Widmer, developer, stated everything Darol Rodrock
          has ever done has been first class. He indicated that it is really a lovely plan. He
          said he hoped Council would support Darol Rodrock and let him do this project.
          He indicated he has one problem with the plan. He noted that as a developer, he
          has done things in the City and every time he met with engineering and
          everything they told him was etched in stone. He was not allowed to change it
          and nobody even suggested to him that he could have asked for a variance and got
          a variance. He said he hoped Council would give Mr. Rodrock all the variances.
          He pointed out that when the 15 other developers working in Shawnee ask for the
          same variance, he hoped that Council would be as gracious to them as Council is
          with Mr. Rodrock. He mentioned private streets allow more density on a piece of
          ground.

          Councilmember Segale asked if any of these are encroaching on that 30 foot
          setback.

          Planning Director Chaffee stated they are 25 foot setbacks. He said the garages
          are set back further.

          Councilmember Thomas mentioned that the City tries to be fair to all applicants
          and citizens. She said she does believe in variances and liked the fact that Mr.
          Rodrock was willing to mix it up as long as he achieved the overall appearance of
          at least a 25% minimum. She indicated that she understood that staff can not
AUGUST 26, 2002                    CITY COUNCIL MINUTES                                   PAGE 17


             make a recommendation for breaking their own guidelines, but she needs to know
             if someone is going to come back later and say "I told you so." She asked if staff
             could go through the variances and explain what they could live with.

             ERNEST STRAUB stated he would like to do a project that is as nice as this one
             and when he comes back to the City and Engineering tells him he has to have
             these 175 to 200 feet radiuses that Council will not forget.

             Councilmember Goode, moved to amend the motion to approve the variances.

             Councilmember Thomas stated she is okay with the additional variances
             requested.

             City Engineer Wesselschmidt stated a lot of the concerns Engineering staff had
             laid out have been addressed in what was presented that evening, particularly
             those along Silverheel where the horizontal curves have taken place. He said on
             Item 4, their concern there is if they have a car turning right off of Silverheel and
             51st Street onto this private street of Silverheel, and a car coming out of 51st
             Terrace making a left, that they may get locked up since that is a shorter distance.
             Perhaps the way that could be alleviated would be if that median was extended
             further down past 51st Terrace so 51st Terrace is just a right in right out.

             Councilmember Thomas asked if it had ever been done at 130 feet before.

             City Engineer Wesselschmidt answered possibly, but he could not give an
             example.

             Mayor Allen asked if there were two or three of those variances that City
             Engineer Wesselschmidt would like further review on.

             City Engineer Wesselschmidt stated the cul-de-sac the ball could be offset to the
             west and he did not believe there would be any encroachment on any of the units.
             He said the other concern would be on 53rd Street, which is a public street,
             because they would see residents in the Woodsonia subdivision using 53rd Street
             to go to the shopping center. He indicated they don't want them to create
             additional traffic in the development, so if individuals from Woodsonia are going
             that way they would be on the public street, so staff required putting sidewalks on
             all the City's public streets. If a pedestrian was on the sidewalk from Woodsonia
             to the shopping center, they can walk on a public sidewalk. He mentioned that
             the developer is showing trails, but he did not know if they were private trails or if
             the set up would prevent the public from going from 53rd Street to using those
             trails, or what those trails are going to tie into. He said if they have a public
             sidewalk on 53rd Street it would not be an issue.

             Councilmember Goode asked which variance items City Engineer Wesselschmidt
             was referring to.
PAGE 18                         CITY COUNCIL MINUTES                          AUGUST 26, 2002




          City Engineer Wesselschmidt answered items 2, 4, and 6.

          Councilmember Segale asked if all the other variances were resolved.

          City Engineer Wesselschmidt stated they have either been resolved or
          Engineering can live with them.

          DAROL RODROCK stated that the entire requirements are for public streets. He
          said they have private streets in this community. The variances are all within
          tolerance on private expectations of what they are doing.

          Councilmember Segale asked about the lack of a sidewalk on 53rd Street.

          DAROL RODROCK stated that is okay. They still don't think it belongs there,
          but if the City needs it that is okay. He said their intent is to get people off that
          busy street as quick as they can.

          Councilmember Segale asked if the trails would be private.

          DAROL RODROCK stated they may put a fence up and the City may require
          landscaping and a berm which makes perfect sense.

          Councilmember Sawyer asked would the trails be private.

          DAROL RODROCK stated yes. He said that comment he had not heard before
          and they do not have any trouble on that item.

          Councilmember Segale asked if they would build a sidewalk down 53rd Street.

          DAROL RODROCK stated yes.

          Mayor Allen asked if he had a problem with moving a cul-de-sac to the west.

          DAROL RODROCK stated they could offset it a little bit.

          Mayor Allen asked if on Item 4 they could extend that island.

          DAROL RODROCK stated they see that as a problem.

          Councilmember Segale asked if Mr. Rodrock had any concerns with the
          significant investment he has made in Shawnee and the Deffenbaugh expansion.

          DAROL RODROCK stated he has stayed out of that from day one and he would
          like to stay out of it tonight.
AUGUST 26, 2002                    CITY COUNCIL MINUTES                                  PAGE 19


             MYRA GROSS stated this project would be a great tax benefit for the City of
             Shawnee. She said Washington has different townhouses that are magnificent
             with stone, stucco and brick. If the City has been doing something all the time
             one way, maybe they should consider making some changes.

             Mayor Allen stated the variances Mr. Rodrock agreed to change are the cul-de-sac
             and to add the sidewalk.

             Councilmember Segale asked about the variance with the 1,000 square foot
             house.

             Councilmember Thomas stated that those could be added to the motion.

             Councilmember Segale asked if they would be allowed to do that kind of variance
             because of City codes.

             Councilmember Thomas pointed out that it is a variance not a change in policy.

             Planning Director Chaffee stated one would be a change in policy regarding the
             25%. The 1,100 square foot is in the Code so it would be an exception. He noted
             the only committee that can grant a variance to the Code is the Board of Zoning
             Appeals. He said Council would be granting an exception. He stated keep in
             mind if Council's basis for the exemption is because they think the units are all for
             senior citizens then Council should make sure that only people who buy the 1,000
             square foot ranches are senior citizens. He said if Council does not care, that is
             okay too.

             Mayor Allen stated if the variance is going to be approved, the stipulation is the
             reason it is approved because the house would be built handicapped accessible.

             DAROL RODROCK responded that it will be.

             Councilmember Segale asked that staff look into changing the policy regarding
             the 25% brick or stone.

             Councilmember Thomas stated that it is okay if a developer mixes the materials
             up as long as their overall average meets the minimum threshold for quality
             materials.

             Councilmember Segale asked if the reason the City created that policy is because
             developers came into Shawnee were building 100% lap siding before.

             Planning Director Chaffee stated because there was not much architectural detail
             or variety in material.
PAGE 20                        CITY COUNCIL MINUTES                          AUGUST 26, 2002


          Councilmember Segale stated he thought the City needed to be clear in what they
          are doing so they don't have a whole glut of people coming into the City and
          doing this type of thing every meeting.

          Councilmember Newby explained that when he votes no for this item, it is
          because he felt Council was ambushed on this issue. He said he has a bad feeling
          in the way Council is making concessions in part because they want to move this
          along. He mentioned that Rodrock Development has done a lot of great things,
          but there are plenty of people who would challenge that everything Rodrock has
          done is first class in Shawnee. He stated he has concerns that Council is making
          concessions a little bit just because it is Darol Rodrock and he thinks Council will
          regret some of those.

          Councilmember McGuff asked if the lap siding would be the cement fiber.

          DAROL RODROCK answered it is hardy board.

          Councilmember Segale, seconded the amendment to the motion.

          Therefore the motion read: Councilmember Goode, seconded by Councilmember
          Segale, moved to pass an ordinance and approve PUD-5-02-04, planned unit
          development and rezoning from PMR (Planned Mixed Residential) to PMR
          (Planned Mixed Residential) for Woodsonia West, for 368 units in the 4900-5500
          blocks of Woodsonia Drive, subject to the Planning Commission’s
          recommendations listed in the August 26, 2002 staff report, and including the
          following variances:

             1. The first side street on 53rd Street west of Woodsonia Drive may be
                reduced from the City standard of 150' centerline to centerline or 125'
                back of curb to back of curb.

             2. Sidewalk shall be built on the south side of 53rd Street.

             3. The side streets from Silverheel and those side streets south of 53rd
                Street need to have centerline radii variances as shown on the plans
                submitted and approved.

             4. On Silverheel, the offset from the centerline of 51st Street to the
                centerline of 51st Terrace shall be 130 feet.

             5. On 53rd Street, the offset between the centerline of 52nd Circle and
                the centerline of 53rd Terrace shall be 115' minimum.

             6. The cul-de-sac at the western end of 53rd Street shall be constructed
                on the Woodsonia West property offset to the west.
AUGUST 26, 2002                    CITY COUNCIL MINUTES                              PAGE 21


                  7. The non-standard intersection on Silverheel with 52nd Place and 52nd
                     Terrace shall be as shown on the approved plan.

                  8. The median break along Woodsonia Drive south of 54th Street may
                     remain open to serve the town homes.

                  9. The hammerheads shown are approved and were selected from the
                     three approved geometrics supplied by the Fire Marshal.

                  10. The ranch model to have a minimum floor area of 1,000 sq. ft.,
                      provided it is a handicapped accessible unit.

                  11. The developer may vary the percentage of brick on each town home
                      elevation, provided the overall development contains at least 50% of
                      the front elevations in brick.

             The motion carried 5-1, with Councilmembers Segale, Sawyer, Goode, McGuff,
             and Thomas voting aye, and Councilmember Newby voting nay. Having passed,
             Ordinance 2623 was assigned.

13.   CONSIDER THE FOLLOWING ITEM FROM THE PLANNING COMMISSION
      MEETING OF AUGUST 19, 2002.

      a)     Consider FP-01-02-01, revised final plat for Town & Country Estates of
             Shawnee, 1st Plat (formerly Town & Country Villas, 2nd Plat) for 25 lots at 72nd
             Terrace and Hedge Lane Terrace.

             Mayor Allen stated that the Planning Commission recommended 11-0 that the
             Council accept the dedications on FP-01-02-01.

             Councilmember McGuff, seconded by Councilmember Thomas, moved to accept
             the dedications on FP-01-02-01, revised final plat for Town & Country Estates of
             Shawnee, 1st Plat (formerly Town & Country Villas, 2nd Plat) for 25 lots at 72nd
             Terrace and Hedge Lane Terrace, subject to the Planning Commission’s
             recommendations listed in the August 26, 2002 staff report. The motion carried
             6-0.

COUNCIL ITEMS

14.   CONSIDER THE FOLLOWING ITEMS FROM THE PUBLIC WORKS AND
      SAFETY COMMITTEE MEETING OF AUGUST 20, 2002.

      a)     Consider amendments to the burning ordinance.

             Chairperson McGuff stated that the Committee recommended 4-0 that the Council
             approve the amendments to the burning ordinance.
PAGE 22                         CITY COUNCIL MINUTES                          AUGUST 26, 2002




          GREG CHENEY, 6924 Larson Lane, stated he built a lime stone fire pit that is
          about 36 inches in diameter and 18 inches high that he burns firewood and log
          size limbs they cut down from five trees they lost on their property in the last
          three years. He said he knows that the Fire Chief and Fire Marshall, at a July
          2002 Committee meeting, presented the burning ordinance banning all burning or
          putting limitations on all burning. He noted that he did not know what occurred at
          the August 20, 2002 Public Works & Safety Committee meeting. He mentioned
          this burning ordinance would ban his fire pit which has been construed to be a
          camp fire. He stated the original wording was camp fires in camp grounds and he
          did not know if they were taking that out or adding that into camp grounds or just
          turning that to mean residential areas.

          Councilmember McGuff stated the burning ordinance has nothing to do with Mr.
          Cheney's fire pit. The discussion entailed the fact that when the fire is set on the
          ground and the soil is moist, there is not proper ventilation which creates a lot
          more smoke. He said the City is not telling Mr. Cheney that he can not burn. All
          they are saying is to be respectful of others. An outdoor fireplace gets the fire off
          the ground and the smoke is allowed to draft out of the area which is less irritating
          to other people.

          GREG CHENEY stated his fire pit is made of lime stone so it is not cemented
          together. He said smoke is created by the material that is being burned and the
          temperature of material, not how high it is off the ground.

          Councilmember McGuff stated burning in a fireplace is safer. It gives the City
          better control and gets the fire off the ground.

          GREG CHENEY stated he has never used one of the metal fire containers. He
          said his concern is the lid and fire door are made of metal and being elevated this
          high is more of a safety factor just on preventing people from being burned who
          might brush against the metal.

          Mayor Allen stated it is not the intent of the City to have people disposing of their
          dead tree limbs by burning them in their yard because it causes smoke and
          problems for neighbors. He mentioned that Shawnee is one of the few
          communities that still allows burning on a narrow focus. He said the smoke does
          promote health problems for other people.

          GREG CHENEY stated they are not burning leaves or twigs.

          Mayor Allen stated Mr. Cheney is disposing of tree limbs by burning them
          outside.

          Councilmember Segale stated he changed his mind on this item. He said he was
          advocating for the fire ring, but the more he thought about it, the attempt of the
AUGUST 26, 2002                   CITY COUNCIL MINUTES                                 PAGE 23


             burning ordinance has been to control people from burning their leaves and yard
             waste all the time. The City put the $10.00 fee on unless a resident is over 62
             years old and created this permit to do that. He said the intent of the burning
             ordinance is to restrict the burning to certain times and control the burning.
             Allowing people to have a camp fire does allow an opportunity to circumvent
             that.

             Mayor Allen stated Mr. Cheney indicated that he is using it to dispose of dead
             trees.

             GREG CHENEY stated the regulation does not allow them to bring outside
             combustibles to burn in something like this.

             Fire Marshall Mattox stated the issue they are discussing is about residential yard
             waste burning. He said the ordinance does say they can not bring in residential
             yard waste to burn.

             Councilmember McGuff stated they are not talking about buying a bundle of
             wood at Quik Trip.

             Councilmember Sawyer stated he does not believe the City needs campfires in
             residential areas. He said if people want a fire for personal enjoyment, the City
             will allow that to happen by the use of chiminea or the metal fireplaces.

             Councilmember McGuff, seconded by Councilmember Goode, moved to pass an
             ordinance for amendments to the burning ordinance with the following changes:
             1) Campfires shall be allowed with a permit in approved camping areas and
             prohibited on residentially zoned property; 2) Bonfires must be extinguished by
             11:00 p.m.; and 3) Burning without a permit will be permitted for outdoor burning
             for outdoor personal enjoyment purposes in an appliance approved by the Fire
             Department such as a chiminea or a pre-manufactured grill, smoker or outdoor
             fireplace. The motion carried 6-0. Having passed, Ordinance 2624 was assigned.

      b)     Consider an ordinance prohibiting homes associations from enforcing restrictive
             covenants that require wood shingles or wood shake materials for residential
             roofs.

             Chairperson McGuff stated that the Committee recommended 4-0 that the Council
             approve the ordinance prohibiting homes associations from enforcing restrictive
             covenants that require wood shingles or wood shake materials for residential
             roofs. He said that the City Attorney would consider amending the text to include
             the word "exclusive" before wood shingle or wood shake roof covering material.

             Councilmember Thomas asked City Attorney Rainey about his consideration of
             amending the text to include the word "exclusive" before wood shingle or wood
             shake roof covering material.
PAGE 24                             CITY COUNCIL MINUTES                         AUGUST 26, 2002




              City Attorney Rainey stated he managed to creatively come up with some
              language that would cover both. He said he did not think there is a difference
              between wood and exclusive wood.

              Councilmember Thomas, seconded by Councilmember Newby, moved to pass an
              ordinance prohibiting homes associations from enforcing restrictive covenants
              that require wood shingles or wood shake materials for residential roofs. The
              motion carried 6-0. Having passed, Ordinance 2625 was assigned.

       c)     Consider revision to Policy Statement 5 (PS-5), Mowing Grass and Weeds on
              Right-of-Way.

              Chairperson McGuff stated that the Committee recommended 4-0 that the Council
              deny the request to add the ditch area of the right-of-way along West 51st Street
              in front of the Cross Pointe subdivision.

              Councilmember Segale, seconded by Councilmember Newby, moved to deny the
              request to add the ditch area of the right-of-way along West 51st Street in front of
              the Cross Pointe subdivision to Policy Statement 5 (PS-5) Mowing Grass and
              Weeds on Right-of-Way. The motion carried 6-0.

BUSINESS FROM THE FLOOR

JIM HAYES, 19100 W. 59th Street, stated before the next City Council meeting, he would ask
that all Councilmembers come up with an approximate percentage of their constituents that call
supporting the Deffenbaugh landfill as opposed to those that call opposing it and have those
numbers at the next meeting. He said he can guarantee any of Council who puts themselves
ahead of the wishes of the people of this City will be committing political suicide.

Councilmember Segale stated they will not be putting themselves ahead of those wishes.

Councilmember Thomas stated she would not be responding to his request.

JIM HAYES responded that her numbers would not be needed anyway. He said today he had
Johnson County Environmental out checking a bad sewer smell at the corner of 59th and
Johnson Drive. They could not find that but the representative did say all he could smell was the
dump. He noted that it seems to be a big issue that property can not be developed for anything
but a landfill. In the near future, they will be presented with a proposal to develop the south
acreage that will be something the City has never seen before and something to be proud of and
not be embarrassed by.

STAFF ITEMS
AUGUST 26, 2002                    CITY COUNCIL MINUTES                                 PAGE 25


15.   CONSIDER BIDS FOR THE STUMP PARK RECREATION TRAIL, P.N. 3267,
      KDOT     (KANSAS    DEPARTMENT     OF     TRANSPORTATION)
      TRANSPORTATION ENHANCEMENT PROJECT 46 TE-0171-01.

      Mayor Allen stated that bids were received on August 13, 2002.

      Councilmember Goode, seconded by Councilmember Sawyer, moved to award the bid to
      Mega Industries, North Kansas City, Missouri, for the Stump Park Recreation Trail, P.N.
      3267, in the amount of $301,905, with the revised estimate of the total cost of the project
      at $509,000, with KDOT funding 80% of the construction and construction engineering
      cost estimated at $305,000, and the City’s portion estimated at $204,000 from General
      Obligation Bonds, which is $87,000 under the budgeted amount for this project. The
      motion carried 6-0.

16.   CONSIDER BIDS FOR THE TURKEY CREEK TRIBUTARY CHANNEL
      IMPROVEMENT, PHASE V, NORTH OF 60TH AND WEST OF FLINT, P.N. 3275.

      Mayor Allen stated that bids were received on August 20, 2002.

      Councilmember Goode, seconded by Councilmember Newby, moved to award the bid to
      Wiedenmann and Godfrey, Belton, Missouri, for the Turkey Creek Tributary Channel
      Improvement, Phase V, North of 60th and west of Flint, P.N. 3275, in the amount of
      $208,000, with the revised estimate of the total cost of the project at $304,000, with the
      project partially funded through a Johnson County CDBG for $200,000, and the City’s
      portion estimated at $104,000 from General Obligation Bonds, which is $4,000 over the
      budgeted amount for this project. The motion carried 6-0.

17.   CONSIDER BIDS FOR THE RETAINING WALL AND STORM SEWER
      IMPROVEMENTS NEAR 53RD AND ALBERVAN.

      Mayor Allen stated that bids were received on August 13, 2002. He said that Mr. Cocolis
      has agreed to pay the $20,000 difference between the Base Bid amount of $180,000 and
      the Alternate #2 Bid.

      Councilmember Segale, seconded by Councilmember Goode, moved to award the bid to
      Pyramid Excavation, Shawnee, Kansas, for the retaining wall and storm sewer
      improvements near 53rd and Albervan, Alternate #2 Bid amount of $200,000, with Mr.
      Cocolis paying the $20,000 difference between the Base Bid amount of $180,000 and the
      Alternate #2 Bid, with the revised estimate of the total cost of the project at $257,000.
      The motion carried 6-0.

18.   CONSIDER BIDS FOR THE 2002 CRACK SEAL PROGRAM.

      Mayor Allen stated that bids were received on August 20, 2002.
PAGE 26                            CITY COUNCIL MINUTES                         AUGUST 26, 2002


      Councilmember Segale, seconded by Councilmember Goode, moved to award the bid to
      Vance Brothers, Kansas City, Missouri, for the 2002 Crack Seal Program, in the amount
      of $64,384.80. The motion carried 6-0.

19.   CONSIDER BIDS FOR THE 2002 FLASHING SCHOOL ZONE BEACONS.

      Mayor Allen stated that bids were received on August 20, 2002.

      Councilmember Segale, seconded by Councilmember Goode, moved to award the bid to
      Total Electric Construction Company, Edwardsville, Kansas, for the 2002 Flashing
      School Zone Beacons, in the amount of $17,579. The motion carried 6-0.

20.   CONSIDER PROPOSAL TO CONDUCT APPRAISALS FOR RIGHT-OF-WAY
      ACQUISITION FOR THE RECONSTRUCTION OF SHAWNEE MISSION
      PARKWAY (PHASE III), FROM HALSEY TO PFLUMM, P.N. 3237.

      Mayor Allen stated that Phase III reconstruction of Shawnee Mission Parkway, from
      Halsey to Pflumm, requires some right-of-way easement acquisition. Because the project
      is partially funded by KDOT (Kansas Department of Transportation), the City is required
      to follow federal procedures to acquire right-of-way and easements. Three firms were
      sent a request for proposals.

      Councilmember Segale, seconded by Councilmember Goode, moved to award the bid for
      the initial appraisals to Right of Way Associates, Leawood, Kansas, for a cost of $16,800;
      and the review appraisals to Appraisal Dynamics, Shawnee, Kansas, for a cost of $4,900,
      for the reconstruction of Shawnee Mission Parkway (Phase III), from Halsey to Pflumm,
      P.N. 3237, with the total cost for appraisal services to complete 28 tracts at $21,700. The
      motion carried 6-0.

21.   CONSIDER BIDS FOR A SALT CONVEYOR FOR THE PUBLIC WORKS
      DEPARTMENT.

      Mayor Allen stated that bids were received on July 30, 2002.

      Councilmember Goode, seconded by Councilmember Segale, moved to award the bid to
      Dome Corporation of North America, Saginaw, Michigan, for a salt conveyor for the
      Public Works Department, in the amount of $31,070, which includes Option 1 (Hydraulic
      Drive for $3,035) and Option 2 (6-ton Stainless Steel Hopper for $3,115). The motion
      carried 6-0.

22.   CONSIDER BIDS FOR SEVEN HAND HELD RADAR UNITS FOR THE
      POLICE DEPARTMENT.

      Mayor Allen stated that bids were received on July 16, 2002.
AUGUST 26, 2002                     CITY COUNCIL MINUTES                                 PAGE 27


      Councilmember Segale, seconded by Councilmember Goode, moved to award the bid to
      Applied Concepts, Plano, Texas, for seven hand held radar units for the Police
      Department, in the amount of $8,001. The motion carried 6-0.

MISCELLANEOUS ITEMS

23.   CONSIDER APPROVAL OF SEMI-MONTHLY CLAIM FOR AUGUST 26, 2002,
      IN THE AMOUNT OF $2,164,865.48.

      Councilmember Goode, seconded by Councilmember Segale, moved to approve the
      semi-monthly claim for August 26, 2002, in the amount of $2,164,865.48. The motion
      carried 6-0.

24.   MISCELLANEOUS COUNCIL ITEMS.

      a)     Policy for former elected officials providing service or selling products to the City
             within a certain period of time after leaving office.

             Councilmember Thomas stated for Item 20 the bid was awarded to Appraisal
             Dynamics which is owned by a former Councilmember who has been off the
             Council for less than one year. She said when the new Johnson County Charter
             was accepted they changed the rules that they have to be out of government for
             one year before they could do business with that government. She requested that
             City Attorney Rainey research that to see if the City in the future should adopt a
             policy somewhat like that.

             City Attorney Rainey stated he is confident that they could.

             City Manager Montague stated that is a policy issue. He said if Council wants to
             do that they could do that.

             Councilmember Thomas requested that the discussion of a policy be put on a
             committee agenda.

             City Manager Montague stated that could be put on the September 3, 2002
             Finance & Administration Committee agenda for discussion.

      b)     Landfill Discussion.

             Councilmember Segale stated he was out in western Shawnee not in his ward, but
             talking to the people who live out there about the landfill. He said he found them
             to be pleasant people despite some of the appearances they have had before the
             Governing Body in terms of being rather confrontational. He noted that the
             people he spoke to wanted to understand the issue. He indicated that he did his
             best to explain it. The residents are concerned about the landfill but their tone
             was different from what they have seen demonstrated in the newspaper and in
PAGE 28                         CITY COUNCIL MINUTES                     AUGUST 26, 2002


            meetings. He encouraged the Governing Body to get out there and talk to the
            people about this issue.

            Councilmember Thomas mentioned that she had taken a 20 minute phone call that
            night.

            Councilmember Segale stated it was good to talk to the people without the
            theatrics of a meeting to find out what they are thinking.

ADJOURNMENT

Councilmember Goode, seconded by Councilmember Thomas, moved to adjourn. The motion
carried 6-0, and the meeting adjourned at 9:25 p.m.



_______________________________
Sonya Fendorf
Recording Secretary

				
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