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					                                   CITY OF SHAWNEE
                                CITY COUNCIL MEETING
                                       MINUTES
                                  DECEMBER 12, 2005
                                        7:30 P.M.

Mayor Meyers called the meeting to order at 7:35 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 Goode           City Manager Montague
     Councilmember Kuhn            Deputy City Manager Gonzales
     Councilmember Novosel         City Attorney Rainey
     Councilmember Pflumm          Assistant City Attorney Rainey
     Councilmember Sandifer        Public Works Director Freyermuth
     Councilmember Sawyer          Planning Director Chaffee
     Councilmember Scott           Fire Chief Hudson
     Councilmember Tubbesing       Police Chief Clark
                                   City Clerk Charlesworth
                                   City Engineer Wesselschmidt
                                   Traffic Engineer Sherfy
                                   Finance Director Kidney
                                   Parks and Recreation Director Holman
                                   Project Engineer Lindstrom
                                   Project Engineer Gregory
                                   Chief Codes Administrator Thompson

Members of the public who spoke: (Item 15e) ROBERT DIPIERRO, Shawnee Mission School
District, 7235 Antioch, RUSTY NEWMAN, Shawnee Mission School District Athletic Director,
FELIX KANCEL, 15822 W. 61st Terrace, RICH ENOCHS, Wallace Saunders, Austin, Brown,
& Enochs, 10111 W. 87th Street, ROBERT MANLY, 13888 W. 57th Street, BETH MARTIN,
15523 Johnson Drive, PAUL VICK, 10510 W. 60th Street, DIANA MULLIN, 15827 W. 61st
Terrace, MERLE DUNHAM, 15807 W. 61st Terrace, NANCY KANCEL, 15822 W. 61st
Terrace, DOUG MARTIN, 15523 Johnson Drive, LUKE WOHLGEMUTH, 15844 W. 62nd
Street, VANCE REZEPKA, VSR Design Architects, JANET WIKLE, 15715 W. 61st Terrace,
MARY JO ALLEN, Partner - Villa’s at Parkside; (Item 18) CINDY BOLFETA, 5017 Park
Street; and (Item 20) WEBSTER RYAN, 8324 Renner Road.

CONSENT AGENDA

1.       APPROVE MINUTES           FROM      THE    CITY     COUNCIL       MEETING       OF
         NOVEMBER 28, 2005.

2.       REVIEW MINUTES FROM THE PLANNING COMMISSION MEETING OF
         NOVEMBER 21, 2005.
PAGE 2                               CITY COUNCIL MINUTES                    DECEMBER 12, 2005




3.       REVIEW MINUTES FROM THE PUBLIC WORKS                                 AND     SAFETY
         COMMITTEE MEETING OF NOVEMBER 22, 2005.

4.       REVIEW MINUTES FROM THE PARKS AND RECREATION ADVISORY
         BOARD MEETING OF NOVEMBER 3, 2005.

5.       CONSIDER AGREEMENT BETWEEN THE CITY OF SHAWNEE AND WATER
         DISTRICT NO. ONE OF JOHNSON COUNTY FOR MANAGING THE USE AND
         OCCUPANCY OF PUBLIC RIGHT-OF-WAY.

6.       CONSIDER CHANGE ORDER NO. 1 AND FINAL FOR JOHNSON DRIVE AND
         WOODSONIA SIGNALIZATION PROJECT, P.N. 3281.

         The contract was awarded to Teague Electric, Lenexa, Kansas, on May 9, 2005, in the
         amount of $221,816.37. This change order reflects a net decrease of $1,365. The new
         contract amount for this project is $220,451.37.

7.       CONSIDER CHANGE ORDER NO. 1 AND FINAL FOR                                  61ST   AND
         MONTICELLO INTERSECTION IMPROVEMENTS, P.N. 3310.

         The contract was awarded to D. F. Freeman Construction Company, Shawnee, Kansas,
         on July 18, 2005, in the amount of $527,371.77. This change order reflects a net
         decrease of $8,779.32. The new contract amount for this project is $518,592.45.

8.       CONSIDER CHANGE ORDER NO. 2 AND FINAL FOR THE 2005 MILL AND
         OVERLAY PROGRAM.

         The contract was awarded to Miller Paving, Kansas City, Kansas, on February 28, 2005,
         in the amount of $2,306,083.62. This change order reflects a net decrease of
         $152,531.47. The new contract amount for this project, after previous change order, is
         $2,153,410.90.

9.       CONSIDER DEED OF DEDICATION OF RIGHT-OF-WAY FOR FUTURE
         BELMONT STREET, NORTH OF JOHNSON DRIVE.

10.      CONSIDER LICENSE RENEWALS FOR THE SALE OF CEREAL MALT
         BEVERAGES, FOR CONSUMPTION ON PREMISES.

         Consider renewal of a License for the sale of Cereal Malt Beverages, for consumption on
         premises, for the following business:

                                                                                 Date Original License
          Business                           Address                                Issued By City
          Bates City BBQ                     6493 Quivira                               09/00
          Ethio Mart                         10914 W. 63rd Street                       02/00
PAGE 3                             CITY COUNCIL MINUTES                     DECEMBER 12, 2005


          Tomahawk Hills Golf Course        17501 Midland Drive                         12/97
          Mid-America Sports Complex        20000 Johnson Drive                         03/94
          Thai 2000                         10815 Shawnee Mission Parkway               05/00

         Staff has reviewed each application and is recommending approval through December
         2006.

11.      CONSIDER LICENSE RENEWALS FOR THE SALE OF CEREAL MALT
         BEVERAGES, FOR NON-CONSUMPTION ON PREMISES.

         Consider renewal of a License for the sale of Cereal Malt Beverages, for non-
         consumption on premises, for the following business:

                                                                             Date Original License
          Business                     Address                                  Issued By City
          Cosentino’s Price Chopper    5600 Hedge Lane Terrace                       01/99
          Hy-Vee                       13550 W. 63rd Street                          08/95
          Hy-Vee                       6495 Quivira                                  08/97
          Khan Petroleum dba Valero    6325 Nieman                                   03/05
           (Previously Diamond
          Shamrock)
          Mar Conoco LLC               7154 Renner Road                             10/05
          Monticello 66                21906 W. 66th Street                         02/98
          Shawnee BP                   13515 W. 63rd Street                         10/04
          Shop N Go                    23200 W. 55th Street                         07/02
          Snack Shak                   12941 W. 63rd Street                         10/04
          Super Target                 15700 Shawnee Mission                        01/98
                                       Parkway
          Wal-Mart Neighborhood        11010 W. 74th Terrace                        04/04
          Store

         Staff has reviewed each application and is recommending approval through December
         2006.

Councilmember Tubbesing asked about Item 8 with the decrease in the mill and overlay. He
asked what was the decrease and what accounted for it.

Public Works Director Freyermuth responded that the main part of that decrease was due to an
under run on the amount of full depth patching. He stated the full depth patching for streets
being overlaid has to be estimated on just what the staff thinks may come up through the course
of the summer overlay program. He stated the staff under-ran that part by about $120,000. He
stated the other part was, he believes, on fewer quantities with sidewalk and on overlay
quantities itself.

Councilmember Tubbesing asked if the City got to do all the projects they wanted.
PAGE 4                               CITY COUNCIL MINUTES                    DECEMBER 12, 2005


Public Works Director Freyermuth answered yes. He stated all the streets were done and the
contract was set up on unit prices with estimated quantities of work and some of the amount of
work needed was overestimated for this contract.

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

MAYOR’S ITEMS

Mayor Meyers stated they would now give special recognition to City Manager Montague. He
stated that Gary will be honored on Thursday evening, December 15, 2005, with the entire
community, however because this is Gary’s last meeting with the Governing Body, they wanted
to take this opportunity to give him a special City farewell.

Mayor Meyers presented a proclamation to City Manager Gary Kevin Montague. He proclaimed
Thursday, December 15, 2005 as Gary Kevin Montague Day in the City of Shawnee.

City Manager Montague stated it has been a pleasure to work for the City of Shawnee all these
years, working with the current mayor and past mayors. He stated the City has an excellent staff
that have made him look good. He stated he has really enjoyed his time at the City and has been
very fortunate.

City Manager Montague was presented a ring, crystal champagne bucket, and a City themed
painting.

PUBLIC ITEMS

12.      CONSIDER APPLICATION FOR A LICENSE FOR THE SALE OF PACKAGED
         CEREAL MALT BEVERAGES (CMB) FOR FAST GAS & SNAX #1 AT 23000
         WEST 83RD STREET AND FAST GAS & SNAX #2 AT 5501 HEDGE LAND
         TERRACE.

         Mayor Meyers stated that Gill Corporation submitted applications for the sale of
         packaged cereal malt beverages for Fast Gas & Snax #1 at 23000 West 83rd Street and
         Fast Gas & Snax #2 at 5501 Hedge Lane Terrace. Staff has reviewed the applications and
         is recommending approval through December 2006.

         Councilmember Kuhn, seconded by Councilmember Sandifer, moved to approve a
         packaged cereal malt beverage license for Fast Gas & Snax #1 located at 23000 West 83rd
         Street and Fast Gas & Snax #2 located at 5501 Hedge Lane Terrace, through December
         2006. The motion carried 8-0.

13.      CONSIDER ADOPTION OF A RESOLUTION DIRECTING AND
         AUTHORIZING      THE VAHALLA  DRIVE   STORM   DRAINAGE
         IMPROVEMENT, NORTH OF 67TH TERRACE; AND THE INTERLOCAL
         AGREEMENT WITH JOHNSON COUNTY FOR THEIR PORTION OF THE
         COST, P.N. 3292.
PAGE 5                                 CITY COUNCIL MINUTES                       DECEMBER 12, 2005




         Mayor Meyers stated that the estimated total cost of the improvement is $1,072,000, to be
         paid by the City of Shawnee and Johnson County, Kansas. This agreement obligates the
         County to provide 75% of the eligible project cost, which is estimated at $698,000. The
         City’s cost is estimated at $374,000 funded by Parks and Pipes funds and General
         Obligation Bonds.

         Councilmember Pflumm, seconded by Councilmember Sawyer, moved to adopt a
         resolution directing and authorizing the Vahalla Drive storm drainage improvement north
         of 67th Terrace, at a total estimated cost of $1,072,000 to be paid by the City of Shawnee
         and Johnson County, Kansas, obligating the County to provide 75% of the eligible
         project cost, which is estimated at $698,000 and the City’s cost estimated at $374,000,
         funded by Parks and Pipes funds and General Obligation Bonds. The motion carried 8-0.
         Having passed, Resolution 1473 was assigned.

         Councilmember Goode, seconded by Councilmember Pflumm, moved to authorize the
         Mayor to sign the interlocal agreement with Johnson County, P.N. 3292, for their portion
         of the cost pertaining to the Vahalla Drive storm drainage improvement north of 67th
         Terrace. The motion carried 8-0.

14.      CONDUCT PUBLIC HEARING TO CONSIDER A PETITION TO VACATE A
         PUBLIC UTILITY EASEMENT ON LOTS 35 AND 36, BLOCK 1, REPLAT OF
         RED OAK HILLS FIRST PLAT, LOTS 5 AND 6, BLOCK 1, LOTS 20 THRU 27,
         BLOCK 1, AND TRACT A (SAV-05-005).

         Mayor Meyers stated that Ronald Deffenbaugh submitted a petition requesting the
         vacation of a 10-foot wide utility easement to allow the construction of an addition to the
         existing garage attached to the single-family residence at 6734 Red Oak Drive.
         Engineering Staff has no objections to the vacation. If the Council votes in favor of
         vacating the easement, an ordinance number would be assigned

         Councilmember Pflumm, seconded by Councilmember Sandifer, moved to conduct a
         public hearing to consider a petition to vacate a public utility easement on Lots 35 and
         36, Block 1, replat of Red Oak Hills first plat, Lots 5 and 6, Block 1, Lots 20 through 27,
         Block 1, and Tract A (SAV-05-005), to allow construction of an addition to the existing
         garage attached to the single-family residence at 6734 Red Oak Drive. The motion
         carried 8-0.

         City Engineer Wesselschmidt stated the City received a request from Mr. Ronald
         Deffenbaugh at 6734 Red Oak Drive to vacate an existing utility easement that is running
         in a north/south direction on his lot. He stated the easement is in the very front portion of
         the house, as indicated on the overhead. He stated the purpose of the vacation is to
         expand the garage and with the easement right in that location, it would be in conflict
         with the expansion of the garage.
PAGE 6                                CITY COUNCIL MINUTES                       DECEMBER 12, 2005


         City Engineer Wesselschmidt stated the City published a notice of this public hearing in
         the Wednesday, November 16, 2005 newspaper, which requires a publication at least 20
         days before the public hearing. He stated that as of this date, the Engineering Division
         has not received any inquiries or objections from Shawnee citizens. He stated they have
         also sent notices to all the utilities, that may be in that easement and have not received
         any objections to the utilities. He stated they have not heard from SBC and the Gas
         Service Company and there is no indication that those utilities are in that easement either.

         City Engineer Wesselschmidt stated that with no objections to having a utility easement
         and apparently no purpose for that particular easement, the City staff is recommending
         the vacation of this utility easement.

         Councilmember Goode, seconded by Councilmember Sawyer, moved to conclude the
         public hearing to consider a petition to vacate a public utility easement on Lots 35 and
         36, Block 1, replat of Red Oak Hills first plat, Lots 5 and 6, Block 1, Lots 20 through 27,
         Block 1, and Tract A (SAV-05-005), to allow construction of an addition to the existing
         garage attached to the single-family residence at 6734 Red Oak Drive. The motion
         carried 8-0.

         Councilmember Sandifer, seconded by Councilmember Pflumm, moved to approve the
         petition to vacate a public utility easement on Lots 35 and 36, Block 1, replat of Red Oak
         Hills first plat, Lots 5 and 6, Block 1, Lots 20 through 27, Block 1, and Tract A (SAV-05-
         005), to allow construction of an addition to the existing garage attached to the single-
         family residence at 6734 Red Oak Drive. The motion carried 8-0. Having passed,
         Ordinance 2794 was assigned.

15.      CONSIDER THE FOLLOWING ITEMS FROM                                    THE      PLANNING
         COMMISSION MEETING OF NOVEMBER 21, 2005.

         a)     Consider review of SUP-8-04-11, a special use permit previously issued to
                Holliday Sand & Gravel, for sand extraction in the AG (Agricultural) zoning
                district at 21900 West 43rd Street.

                Mayor Meyers stated that the Planning Commission recommended 7-0 that the
                Council approval renewal of SUP-8-04-11.

                Councilmember Sandifer, seconded by Councilmember Pflumm, moved to renew
                SUP-8-04-11, a special use permit previously issued to Holliday Sand & Gravel,
                for sand extraction in the AG (Agricultural) zoning district at 21900 West 43rd
                Street, as per the Planning Commission’s recommendations listed in the
                December 12, 2005 staff report. The motion carried 8-0.

         b)     Consider review of SUP-7-04-11, a special use permit previously issued to Jackie
                Harris, to operate Tender Touch Day Care, an in-home daycare for up to nine (9)
                children in the R-1 (Single Family Residential) zoning district at 7401 Ballentine.
PAGE 7                             CITY COUNCIL MINUTES                       DECEMBER 12, 2005


              Mayor Meyers stated that the Planning Commission recommended 7-0 that the
              Council approval renewal of SUP-7-04-11.

              Councilmember Pflumm, seconded by Councilmember Kuhn, moved to renew
              SUP-7-04-11, a special use permit previously issued to Jackie Harris, to operate
              Tender Touch Day Care, an in-home daycare for up to nine (9) children in the R-1
              (Single Family Residential) zoning district at 7401 Ballentine, as per the Planning
              Commission’s recommendations listed in the December 12, 2005 staff report.
              The motion carried 8-0.

         c)   Consider review of SUP-9-04-11, a special use permit previously issued to Jakes
              Place to allow live entertainment in the form of a DJ or live band in the CN
              (Commercial Neighborhood) zoning district at 12001 Johnson Drive.

              Mayor Meyers stated that the Planning Commission recommended 7-0 that the
              Council approval renewal of SUP-9-04-11.

              Councilmember Scott, seconded by Councilmember Pflumm, moved to renew
              SUP-9-04-11, a special use permit previously issued to Jakes Place to allow live
              entertainment in the form of a DJ or live band in the CN (Commercial
              Neighborhood) zoning district at 12001 Johnson Drive, as per the Planning
              Commission’s recommendations listed in the December 12, 2005 staff report.
              The motion carried 8-0.

         d)   Consider FP-36-05-11, a final plat for Herrington Park, 2nd Plat, for five lots in
              the 6400 block of Noble.

              Mayor Meyers stated that the Planning Commission recommended 7-0 that the
              Council accept the dedications on FP-36-05-11 for Herrington Park, 2nd Plat.

              Councilmember Pflumm, seconded by Councilmember Kuhn, moved to accept
              the dedications on FP-36-05-11, a final plat for Herrington Park, 2nd Plat, for five
              lots in the 6400 block of Noble, as per the Planning Commission’s
              recommendations listed in the December 12, 2005 staff report. The motion
              carried 8-0.

         e)   Consider SUP-13-05-11, a request from the Shawnee Mission USD #512 Girls
              Softball Complex for a special use permit to allow a sports facility in the AG
              (Agricultural) zoning district at 6101 Maurer.

              Mayor Meyers stated that the Planning Commission recommended 4-3 that the
              Council deny SUP-13-05-11.

              Planning Director Chaffee stated the Shawnee Mission School District requests
              special use permit approval for the construction of a girl’s softball athletic
              complex on School District owned property, located at 6101 Maurer Road. He
PAGE 8                         CITY COUNCIL MINUTES                       DECEMBER 12, 2005


         stated the property has access to Maurer Road and contains 18.82 acres. He stated
         the property is zoned (AG) agricultural and is vacant farm ground. The Land Use
         Guide of the Comprehensive Plan indicates public/quasi public land uses for the
         property, due to its ownership by the School District. The properties to the north,
         east, and west are also zoned agricultural. The property to the south is zoned
         planned mixed residential.

         Planning Director Chaffee stated the properties to the west and north have been
         developed with single-family homes on large acreages. He stated the home to the
         west has access to Maurer Road, while the properties to the north have access to
         Johnson Drive. He stated the property to the east is largely undeveloped, with a
         single-family home at the northeast corner and a large lake dominating the site.
         He stated to the southeast is Swarner Park and to the northwest is a small open
         space tract owned by the City, acquired in conjunction with the construction of
         Maurer Road. He stated the property to the south is being developed as Villas of
         Parkside, a townhome development. He stated the southern tier of units have
         been constructed and construction is beginning on the northern tier, from west to
         east.

         Planning Director Chaffee stated the Land Use Guide of the Comprehensive Plan
         indicates low density residential land uses to the north and east and medium
         density uses to the south and west. He stated that across Maurer Road, more
         intense office and commercial uses are expected to occur.

         Planning Director Chaffee stated that Maurer Road has recently been constructed
         to major collector standards with two driving lanes and a continuous turn lane.
         He stated the road was constructed in this manner to handle the heavier traffic
         loads expected to occur on the street in the future. He stated that currently
         warrants do not exist to signalize the Johnson Drive and Maurer intersection. He
         stated it would be expected that at some point in the future, most likely as office
         and retail development begins to occur on the west wide of Maurer, signals will
         become warranted.

         Planning Director Chaffee stated the complex will consist of four lighted softball
         fields, a concession area, maintenance building, and grandstands. He stated the
         primary use of the fields will be for the Shawnee Mission School District Girls’
         Softball Teams between March 1st and June 1st. He stated it is the intent of the
         District to rent the facility for use by others during the summer and fall. He stated
         the School District currently rents the use of fields at the former JCGAA complex
         on Johnson Drive near Woodland. He stated that construction of the facility is
         part of the current bond issue.

         Planning Director Chaffee stated that lighting for the softball fields has been
         designed by Musco, a national sports field lighting company. He stated the field
         lighting will be placed on 70 foot poles. He stated the lighting has been designed
         so the illumination levels are reduced to no greater than a half foot candle at the
PAGE 9                         CITY COUNCIL MINUTES                        DECEMBER 12, 2005


         property lines, as required by code. The lighting is not expected to spill over onto
         the parking lot to sufficiently light that area, so parking lot lighting will also be
         provided. The parking lot lights will be 24 feet in height, with the bulb contained
         in a shoebox. He stated the applicant has agreed to place additional shields on the
         south side of the lights, if necessary, to further reduce glare.

         Planning Director Chaffee continued that the School District originally requested
         lighting during the school year would be turned off no later than 10:30 p.m. and
         no later than 11:00 p.m. during summer and fall. He stated the applicant has
         submitted a letter contained in tonight’s packet, modifying the hours to 9:00 p.m.
         for the fields and 9:30 p.m. for the parking lot during the school year and no later
         than 10:00 p.m. for the fields and 10:30 p.m. for the parking lot during the
         summer and fall. He stated the applicant further limited the ending date of
         operation from November 30th to October 21st.

         Planning Director Chaffee stated the northeast field will have a roofed grandstand
         and seating with fold down seats for 300 persons. He stated the remaining fields
         will utilize at grade metal bleachers. He stated outfield fencing on the two
         northern fields will be galvanized, while the southern fields will have galvanized
         fencing except on the south end, which will have a black vinyl coating. He stated
         that fencing is provided to cut off public access from the site at the parking lot and
         at the maintenance building.

         Planning Director Chaffee stated that access to the site will be from a single
         driveway approach from Maurer Road, which will be posted with No Parking
         signs. The entrance will be secured by a gate. He stated a total of 313 parking
         stalls are provided on the site. He stated parking for buses bringing teams to the
         site is also provided on the east side of the maintenance building.

         Planning Director Chaffee stated the applicant proposed to retain some existing
         trees at the northeast portion of the site. He stated an additional 57 trees will be
         planted on site, primarily in the parking lot area. He stated the applicant will also
         install a six foot wood fence along the south property line. He stated the applicant
         agreed to lower the parking lot elevation from the original plan and the
         modification has been included in tonight’s packet, lowering the parking lot an
         additional two feet, creating a small three foot berm on the backside of the fence,
         which will further enhance screening for parking for car lights.

         Planning Director Chaffee stated the applicant is required to provide on-site
         stormwater detention facilities. He stated the applicant has submitted preliminary
         storm drainage studies to the Engineering Division as required. He stated the
         detention facility is located at the northwest corner of the site and will be designed
         to release stormwater at a rate no greater than the current rate from the
         undeveloped site.
PAGE 10                        CITY COUNCIL MINUTES                      DECEMBER 12, 2005


          Planning Director Chaffee stated after considering a motion with conditions to
          approve the special use permit, the Planning Commission eventually voted to
          deny this request, citing incompatibility with the surrounding neighborhood
          regarding lights, noise, and traffic concerns. He stated the Governing Body may
          accept the recommendation of the Planning Commission with a majority vote. He
          stated the Governing Body may override the Planning Commission and modify
          any condition, such as Condition 2 that related to the hours and dates of operation
          with six votes, or the Governing Body may return the request to the Planning
          Commission for further review, with specific instructions by a majority vote.

          Planning Director Chaffee stated if the Governing Body chooses to approve this
          request, a list of proposed conditions is presented in the staff report with the
          change needing to be made to Condition 2, indicating the changes in hours and
          dates of operation as presented by the School District.

          Councilmember Kuhn asked about the gate on the parking lot and what type is
          planned.

          Planning Director Chaffee answered that he believes they intend to have an armed
          gate. He stated they may have decided on something different over the last
          couple of weeks, but was his initial understanding. He stated it is similar to what
          is seen at JCGAA.

          Councilmember Kuhn asked if they did in fact install that type of gate and cars
          were left in the lot, would they be required to stay overnight or would the cars be
          towed.

          Planning Director Chaffee replied he would imagine the School District would
          have the cars towed. He stated it is his understanding they will have someone on
          site until they are ready to close up the fields.

          Councilmember Kuhn asked if someone will be on site until the parking lot
          closes, to keep people from straggling in the parking lot.

          Planning Director Chaffee responded that is the staff’s understanding.

          Councilmember Pflumm asked a question for the Shawnee Mission School Board.
          He asked if this is the only piece of property they own that would be a potential
          location for this project.

          Councilmember Sandifer moved to approve SUP-13-05-11, a request from the
          Shawnee Mission USD #512 Girls Softball Complex for a special use permit to
          allow a sports facility in the AG (Agricultural) zoning district at 6101 Maurer.

          ROBERT DIPIERRO, Shawnee Mission School District, 7235 Antioch, Deputy
          Superintendent of Operations for the Shawnee Mission School District. He stated
PAGE 11                          CITY COUNCIL MINUTES                         DECEMBER 12, 2005


          the way the School District acquired this piece of property was through a
          cooperative effort with the City of Shawnee and the development of the Lowes
          shopping center with ONYX Group on Shawnee Mission Parkway. He stated
          they owned a school site that is currently the Lowes site that they were able to
          cooperatively work with the City and the development group in order to bring in
          that development by trading this site for the site on Maurer Road. He stated they
          always had development in mind when they traded this site, because they traded
          their existing site for this site with the eye of either making it a school facility or a
          school. He stated that originally, it was designated as a school site. He stated
          when the development did not occur there as was anticipated three years ago
          when the bond was proposed; they proposed this site as a softball field.

          ROBERT DIPIERRO stated they did look in all of their areas for a site that would
          be able to accommodate a softball field and could not find any vacant land within
          their school district. He stated they are really built out and so that is where they
          ended up in their original bond discussions – developing this site into the girl’s
          softball field.

          Councilmember Pflumm stated he supported the sales tax for the School District.
          He stated the reason he asked the question, is because he does not believe the
          original site they had was big enough for a softball complex like this.

          ROBERT DIPIERRO stated he can not remember how big that site was for the
          Greenwood School. He stated it was around 10 acres.

          Councilmember Pflumm stated he practiced there growing up and they had one
          field and the school. He stated that is the reason he asked the question. He stated
          when planning a city, that would not be his first choice - to put a softball complex
          on that land. He stated there are lower lying areas in the western part of this City
          that are a mile west outside of the School District.

          ROBERT DIPIERRO confirmed that those are in fact outside of the School
          District and they could not find a site inside the School District that could
          accommodate this facility. He stated the School District has owned this property
          previous to the current development there and since they did own it, they assumed
          they would be able to build a school or a school facility on it. He stated that
          otherwise, they would probably not have swapped the land in the original deal.

          Councilmember Novosel asked how long it has been there.

          ROBERT DIPIERRO answered seven or eight years.

          Councilmember Pflumm stated the difference is it is a school, as opposed to a
          softball complex.
PAGE 12                        CITY COUNCIL MINUTES                       DECEMBER 12, 2005


          ROBERT DIPIERRO stated when they did propose this bond issue and put it to a
          vote to the people, this facility was designated within the bond to be built on this
          site.

          Councilmember Tubbesing stated he assumes they have some level of security
          lighting for the poles.

          ROBERT DIPIERRO stated his operations and maintenance manager is present
          this evening along with the architect, so they can correct him if he states
          something wrong. He stated as far as security lighting is concerned, they are
          proposing that the lights on the fields are turned off at the designated time. He
          stated the parking lot lights would stay open 30 minutes after those field lights
          went off, so people could clear out and any security lighting would only be
          possibly a security light on the building that they have designated for their
          maintenance facility. He stated he would assume that would only be some kind of
          security light. They are not anticipating having security light around the entire
          perimeter.

          Councilmember Tubbesing stated they are looking at everything being turned off
          after hours and only one light left on 10 feet or lower.

          ROBERT DIPIERRO stated that is correct and there may actually be something
          on the concession building itself. He stated they are not anticipating flood lights,
          but some soft porch light-type security.

          Councilmember Tubbesing stated he appreciates the fact that the bond issue did
          include this property, but as he looks at these issues when they look at the
          comprehensive planning and zoning, especially the comprehensive plan that has
          since 1998, designated this as a quasi public, but based on the concept of it being
          an elementary or middle school. He stated the one issue he has with this facility,
          which is basically boarded up, blocked up, and locked down, is that unlike an
          elementary or middle school that has some available facilities, playground
          equipment or whatever that is normally left open to the public, essentially they are
          creating a closed off area. He stated when open, it will be a highly active
          environment.

          ROBERT DIPIERRO stated they plan to have their maintenance personnel take
          care of this facility and maintain it in the same fashion that they maintain their
          other facilities. He stated they have a facility up by Oak Park Mall for their
          soccer complex. He stated it is well maintained and any repairs are done. He
          stated they anticipate this facility to be maintained in the same fashion. He stated
          that during the school year there will obviously be personnel on site maintaining
          the facility throughout the whole season.

          ROBERT DIPIERRO stated they have not entered into any kind of rental
          agreements with any other entities up to this point, but if that occurred, they
PAGE 13                         CITY COUNCIL MINUTES                       DECEMBER 12, 2005


          would also have maintenance personnel on site when those people are on the
          property. He stated the use has changed. He stated if this was an elementary
          school, the facility would be more open to public use, but they believe there is
          going to be a tremendous amount of public use at the facility as a baseball field as
          well.

          ROBERT DIPIERRO stated a lot of the elementary schools have fields that are
          continually used during the weekend by offsite groups. He stated that means if
          they ended up putting an elementary school on this site, the school facility would
          still be used. He stated they have soccer and baseball teams, along with churches
          using that facility during non-school areas. He stated the activity here admittedly
          may be more intense at times, but it still is an activity that would be occurring in
          the same time period as if it was a normal school facility.

          Councilmember Tubbesing stated he will not argue with that.

          ROBERT DIPIERRO stated they understood the comments people had and that is
          the reason the Council received a letter from him, addressing the hours of
          operation to be a little more in line to what they absolutely need. He stated those
          are the hours of operation for their season, and they put 9:00 p.m. down but
          hopefully those games will only run to around 8:00 p.m. or 8:15 p.m. and will not
          leave the lights on just because they had a 9:00 authorization. He stated when the
          games are over, the lights will be turned off. He stated the only reason they asked
          for 9:00 p.m., was in case there was a game that ran over.

          Councilmember Tubbesing stated he does appreciate Mr. DiPierro’s thoughts on
          the property. He stated he would say elementary schools are often sought after in
          being integrated into an R-1 environment, but this might be a little different.

          Councilmember Tubbesing stated he appreciates the fact that the School District
          has reconsidered the parking lot elevation and brought it down a bit. He stated a
          six foot wood fence was mentioned. He asked Mr. DIPIERRO if they would
          consider doing the two sided overlaid fences, because they are talking about lights
          going into people’s second floor windows.

          ROBERT DIPIERRO stated what they were anticipating when they lowered that
          lot, was to reduce that. He stated with regard to the wood fence, they could
          certainly go with the one that provided privacy. He stated they would be able to
          accommodate that easily. He stated the School District has made a commitment
          and invested over $100,000 so far in just the design of this facility. He stated they
          have worked with City staff extensively trying to make sure that when they
          designed the lights, they were designed to make sure that it met the City standard
          as far as spilling over. He stated he thinks they have a good solution with the
          light manufacturer and have been given a guarantee that they can meet the City
          requirements. He stated they have tried to work with the City on the parking lot
          lights, to make sure those are not intrusive. He stated he believes they have done
PAGE 14                         CITY COUNCIL MINUTES                       DECEMBER 12, 2005


          everything they can do to fit in as well as they can and still have the facility they
          are proposing.

          Councilmember Kuhn stated Mr. DiPierro mentioned if the games are over by
          8:15 p.m., they would be able to turn the lights off early because they do not want
          to just leave them on. She stated she understood reading through the packet
          paperwork, that one of the conditions of it was that a timing device would be
          implemented on the lights. She asked if she misread that portion.

          ROBERT DIPIERRO replied he is not sure about a timing device. He stated it
          was agreed that the lights would go off at 9:00 p.m. during the school year and at
          10:00 p.m. during the off season.

          Councilmember Kuhn asked if the lights would need to be manually operated.

          ROBERT DIPIERRO answered that is usually they way they work all of their
          lights. He stated they could install a timing device.

          Councilmember Kuhn stated she assumes if they had some type of timing device,
          it would have the ability to be manually overridden, but she can not remember to
          turn off her closet light, so she is a little concerned about how many people would
          be affected.

          ROBERT DIPIERRO stated he thinks they will have a lot of people reminding
          them. He stated they also have to pay the electricity bills and mentioned that their
          athletic director, Rusty Newman, is present this evening. He stated Rusty has said
          that most games for their girls’ softball season during the year would be over at
          8:00 p.m.

          RUSTY NEWMAN, Shawnee Mission School District Athletic Director, replied
          that 8:00 p.m. would be the latest a game would go, unless they had extra inning
          games or something very unusual. He stated in most cases during the season,
          games are finished by 8:00 p.m.

          ROBERT DIPIERRO stated if those games were over by 8:00 p.m., they will
          obviously not run the lights if people are leaving. He stated they would turn those
          lights off when the games are over. He stated the reason they asked for 9:00 p.m.,
          is for those rare occasions where things were running over and the game would go
          to 8:30 p.m., so they are not anticipating that would be a normal occurrence. He
          stated that during that time of year, the lights may not even have to be turned on
          by 8:00 p.m., so they will obviously run the facility where they have all their
          neighbors in mind.

          Mayor Meyers clarified the lighting situation for the audience. He stated from
          October 21st until March, there would be virtually no lighting, because there
PAGE 15                         CITY COUNCIL MINUTES                       DECEMBER 12, 2005


          would not be any use of the fields because of weather factors and timing of the
          year.

          ROBERT DIPIERRO stated that is correct, because usually they do not play in
          the snow and that would not be a concern for them. He stated they would still
          have their maintenance personnel on site to monitor the facility, but there would
          basically be no activity during that period of time.

          Mayor Meyers stated from March through May, which would be the School
          District’s softball season time period, the lights would be turned off on the fields
          at 9:00 p.m. and the parking lots at 9:30 p.m. He stated from June until October
          21st, the lights on the fields would be turned off at 10:00 p.m. and the parking lot
          lights turned off at 10:30 p.m.

          ROBERT DIPIERRO confirmed that is correct.

          Councilmember Goode stated he thinks school districts play a great part in the
          development of a city. He stated had it not been for the Shawnee Mission School
          District in Johnson County in the areas where the Shawnee Mission School
          District is located, he does not think there would have been the growth there has
          been in Shawnee, or in any other city in the Shawnee Mission District that there is
          today. He stated he thinks they all owe a debt of gratitude to the Shawnee
          Mission School District in the completion and help of getting this type of project
          off the ground.

          Councilmember Goode stated people come to this City and have come to this City
          over the past years to locate and tell the councilmembers and City officials why
          they relocated in this area. He stated the Shawnee Mission School District is the
          number one drawing card. He stated under those circumstances, he would second
          Councilmember Sandifer’s motion.

          Councilmember Kuhn stated that Councilmember Sandifer had made a motion for
          approval earlier, before the letter had been introduced. She asked if the motion
          for approval is for the initial recommendation that was presented.

          Mayor Meyers stated he thinks they should wait to give the audience a chance to
          talk to the Council and listen to a full discussion, before they put a motion on the
          floor. He stated he assumed that since there was not a second earlier on to
          Councilmember Sandifer’s motion, that that motion had died for lack of a second.

          Councilmember Sawyer stated the letter was included in the packet.

          Councilmember Kuhn stated she knows the letter was included in the packet, but
          the initial actual Subsection E just says to consider the special request from it and
          is dealing with what the Planning Commission denied. She stated the Planning
          Commission did not deny that additional change to it, because they did not have it
PAGE 16                        CITY COUNCIL MINUTES                       DECEMBER 12, 2005


          at the time. She stated she wants to make sure that is clear and that the motion for
          approval included the adaptation outlined in the letter.

          Mayor Meyers stated he was going to allow for a new motion after all discussion
          was presented to the Council.

          Councilmember Tubbesing stated he thinks significant information has been
          modified since the Planning Commission was presented this information. He
          stated he does not want to waste anyone’s time this evening, but does think it is
          appropriate that the Planning Commission’s job is to review these things and take
          a very thoughtful look to all they are doing and now this very different
          information has been provided and he does not think it would be unacceptable,
          and frankly what they should be considering, to send this back to the Planning
          Commission for further review to include the modified information, as opposed to
          the City Council taking the rather unusual step of overriding their own Planning
          Commission. He stated he would normally not consider this, but should also
          consider the fact that there were two Planning Commissioners absent at the
          meeting.

          Councilmember Tubbesing stated before they get into an issue tonight and have
          the Council consider overriding the Planning Commission with information they
          did not have to actually consider, they should consider sending this item back to
          them so they can actually make a more thoughtful decision.

          Councilmember Novosel stated Councilmember Tubbesing took the words right
          out of his mouth and he fully agrees.

          FELIX KANCEL, 15822 W. 61st Terrace, stated that he and his wife, Nancy, just
          four months ago purchased a place at Villas at Parkside, not thinking they were
          going to be next to a ballpark. He stated at the meeting of the zoning board, the
          school board said something there that was not mentioned this evening. He stated
          the School District anticipates 700 people at this ball park. He stated they were
          also saying they wanted to go until 11:00 p.m. during the summer. He stated the
          older population goes to bed before 11:00 p.m. and they are not going to bed at
          11:00 p.m. with 700 people screaming.

          FELIX KANCEL stated he is located about one and a half blocks from this
          proposed park. He stated the previous design does not show that they have
          finished the addition in the Villas. He stated they already have the other lots in
          there and it has been approved by the Council. He stated he can remember as a
          boy, he was raised in Wyandotte County until 30 years ago when he then moved
          to Johnson County. He stated that at that time, of course, Shawnee was a barber
          shop and a filling station in the downtown section.

          FELIX KANCEL stated to be quite frank, if he would have known there was
          going to be a ballpark going in a block and a half from his home, he would have
PAGE 17                         CITY COUNCIL MINUTES                       DECEMBER 12, 2005


          never bought where he did. He stated he does not want a ballpark by his home
          and does not think anyone on the Council who is supporting this, is a resident that
          will hear this noise. He stated it will go on all summer.

          FELIX KANCEL stated he knows it may not make any difference to the Council,
          but this property is presently not on the tax roles. He stated if it goes on for
          property value, taxable ad valorem tax, the income from that would more than
          compensate the City for this property. He stated he wholeheartedly urges the
          Council not to grant this change in zone.

          FELIX KANCEL asked why not put this complex in Mission Hills or in Overland
          Park. He stated they could put it in Prairie Village. He asked again, that this not
          be approved.

          Mayor Meyers stated there would be no activity at these fields from October 21 st
          through March. He stated the capacity of the stands at the field, he believes, is for
          700 people. He stated from March through May, the fields will only be used for
          school district softball activities. He stated he is not sure how many of them in
          attendance this evening has been to a girl’s softball game, but he goes to many of
          them because he is a teacher and a coach.

          Mayor Meyers stated when there is a four field complex, most of the time two of
          the fields will be used for Varsity games and the other two fields are used for
          underclassmen games. He stated it would be unusual if at most times there would
          be more than a handful of people in the stands. He stated at the Varsity games,
          unless it is a championship game or some big tournament, the number of people
          that attend high school softball games is not in the neighborhood of 700. He
          stated it would be unusual to see more than 200 people, as attendance is just not
          that great at these types of games.

          Mayor Meyers stated in the summertime, he thinks there would be the possibility
          of more attention to the fields because it would be open for greater periods of
          time, but does not believe that they would see a 700 capacity filled activity center
          very often at all.

          RICH ENOCHS, Wallace, Saunders, Austin, Brown and Enochs, stated he
          understands that they want to limit their time somewhat this evening, but this is
          their due process here this evening and he represents one of the adjoining
          landowners opposed to this complex. He stated since this is a due process
          hearing, he feels he needs a little more than three minutes. He stated he
          recognizes Mayor Meyers’ request and would be as brief as possible. He stated
          he will make a presentation and his client will make a very short presentation
          from a personal standpoint.

          RICH ENOCHS stated he submitted a written statement to the Council and
          brought extra copies for people in the audience. He asked to approach the bench
PAGE 18                         CITY COUNCIL MINUTES                       DECEMBER 12, 2005


          and acknowledged the City staff, who were kind enough to help him ready his
          presentation.

          RICH ENOCHS stated he represents Robert Manly, who owns the property
          basically to the east of this proposed complex. He stated this is a beautiful piece
          of property which Mr. Manly plans on developing into large lots. He stated they
          have a plot plan where nothing has yet been platted, but there is at least one plan
          which Mr. Manly has proposed for nine lots.

          RICH ENOCHS presented a photograph of the property in question. He pointed
          out the field where the District wants to build. He stated if Mr. Manly were to
          develop this, the homes developed would be located below the ridge line. He
          stated one thing included in his packet, is he is not aware of any standards that the
          City of Shawnee has for recreational field lighting, but Johnson County does and
          he has set forth those standards in the packet provided. He stated the Johnson
          County standards basically say something should never be built on top of a ridge
          line and should be build in a valley or flood plain area.

          RICH ENOCHS stated the real problem with this area are the lights, although
          there is an additional noise problem which he will discuss later. He stated the
          elevation of the fields will be a little over 1,000 feet. He stated the highest point
          in Johnson County is somewhere around 1,080 to 1,100 feet. He stated at 1,000
          feet here with the 70 foot poles which Musco plans on putting in, there will be a
          halo seen throughout Johnson County, because this area is one of the highest
          points in the County. He stated they are going to put lights up at 70 feet.

          RICH ENOCHS stated he is very familiar with the Musco lighting system, as he
          has had lots of experience with it. He stated that granted, it is better than the old
          lights, but there will certainly be a halo affect for all of the neighbors around. He
          stated what is worse, from his client’s standpoint, as the homes he would build
          and he is talking about approximately $500,000 lots, those lots will be looking
          basically straight up into the lights. He stated those home sites will be located at
          around 960 feet and there is no way when they come out their front door and
          those lights are on, they will be looking just like the lights in the courtroom this
          evening – there will be a constant flow of lights. He stated this is just not a good
          plan.

          RICH ENOCHS stated this is not appropriate and not for an appropriate use. He
          stated it does not comply basically with the City’s own master plan. He stated it
          has been said that this is a public or quasi public use and after sending someone
          over to do some research, he can find no place where the City of Shawnee really
          ever looked at this from a master planning standpoint. He stated it appears that it
          became public or quasi public, because the School Board acquired it at some point
          in time in this land swap. He stated he does not believe the City ever had any
          study saying why this should be a quasi or public use.
PAGE 19                         CITY COUNCIL MINUTES                       DECEMBER 12, 2005


          RICH ENOCHS stated that certainly, when the professional staff put this as
          public or quasi public, they certainly did not intend for a stadium seating area, but
          were looking at a school site of some sort – he feels confident. He stated that
          certainly, they did not look at this as something that is basically going to be a
          commercial use and this is really what they have here. He stated if the School
          District was not going to use this as a commercial use, then they do not need the
          lights and do not need this type of complex.

          RICH ENOCHS stated the Council heard the School District say the lights would
          be off at 8:00 p.m. or 8:15 p.m. He stated they do not need any lights up there if it
          is going to be used for the School District use, as they do not need lights after
          8:15 p.m. He stated the School District is going to use this as a commercial use,
          trying to pay off part of this complex. He stated that is why they will lease the
          complex to other people and use it as Mayor Meyers said, maybe now it will only
          be until 10:00 p.m., but that is still intrusive from a noise and light standpoint.

          Councilmember Pflumm stated when the School District is going to use this
          complex, he believes it is going to be most likely before Daylight Savings time
          takes effect.

          RICH ENOCHS stated he believes Councilmember Pflumm is correct, but
          believes next they plan to move Daylight Savings 30 days each way – but asked
          that they would not hold him to that. He stated Councilmember Pflumm raised a
          good point.

          Mayor Meyers stated he can state from experience as a teacher and coach that all
          school districts have lighted fields and they are lighted during game times
          throughout the softball season.

          RICH ENOCHS stated he can not think of any other fields in Johnson County on
          this type of elevation.

          Mayor Meyers stated he was merely talking about the need for lighting.

          RICH ENOCHS stated the lights are very intrusive and would be very damaging
          to his client’s property, but they need to address the noise issue as well. He stated
          the noise will be very intrusive and there will be noise from not only the
          spectators – be it 200 or 700, but certainly if there is going to be 700 spectators,
          there will be noise and from that location it will resonate over a large distance
          because of where the complex sits. He stated there will be noise from the players,
          from automobiles, as there are 331 parking spots, noise from traffic coming
          constantly in and out, as the games will be staggered. He stated there will be
          noise of the equipment, maintaining the fields, mowing and grading. He stated
          there is going to be a noise level that will also be very intrusive to the area.
PAGE 20                         CITY COUNCIL MINUTES                        DECEMBER 12, 2005


          RICH ENOCHS stated he does not think the City ever intended to have that type
          of use in what was put in the master plan, at basically low density, medium
          density around there. He stated he does not think anywhere in the master plan
          was there plans for something of this type of use. He stated what is even worse,
          quite candidly, is he thinks they would have less use if they would locate an office
          park at that location or a light strip center commercial. He stated they could
          probably have light industrial in this location, which would probably not be as
          intrusive as what is planned. He stated he does not think this is consistent with
          the neighborhood and the City’s own professional staff basically has said that it
          will change the character of the neighborhood.

          Councilmember Sandifer asked since the School District owns this property, what
          if they decide to put in a school there and put in lights and mow the grass. He
          stated they will have to maintain the school and could put a field in the back of
          the school.

          RICH ENOCHS responded that he does not feel any of that would be as intrusive
          as this softball complex.

          Councilmember Sandifer stated there could be field lighting and maintenance
          equipment that will make the same type of noise.

          RICH ENOCHS stated he thinks the neighbors here, and certainly his client,
          would be much happier with a school, rather than a stadium or complex.

          Councilmember Sandifer stated he would almost believe they would all be back
          here before the Council, if they were trying to put a school on this property as
          well.

          RICH ENOCHS stated they will be glad to take that chance. He stated he thinks
          the original intent was a school. He stated he has raised the legal issues and Mr.
          Manly would like to speak some on his plans. He stated he really wanted to raise
          the issues and would certainly welcome any questions from the Council. He
          stated he certainly appreciates the Council’s time this evening and apologized for
          taking more than three minutes.

          ROBERT MANLY, 13888 W. 57th Street, stated he owns the 38 acres described
          previously by Mr. Enochs. He stated he will guarantee to the Council that he will
          not be back if a school of any type is placed on this land. He stated one of the
          aspects that either the staff, school, or literature had brought out, was that they are
          attempting to attract the State softball tournament and he fully anticipates if they
          build this stadium for 700 people and 300 cars and are going after the State and
          other tournaments, there will be a great deal of traffic, noise, people, and
          spectators.
PAGE 21                         CITY COUNCIL MINUTES                        DECEMBER 12, 2005


          Mayor Meyers stated he is not saying that would never happen, but just not on a
          consistent basis.

          ROBERT MANLY stated that Mr. Enochs described the noise situation. He
          stated he has Swarner Park on the south side of his property. He stated from his
          location on the north side, he can very clearly hear throughout the summer the
          crowd noise from the soccer fields and could probably give a play by play, blow
          by blow about whether Johnny has scored or not, from the sounds coming from
          the parents. He stated this is with a relatively small amount of people following
          the soccer games. He stated 700, 400, or even 300 people at a baseball complex
          will create a great deal more noise.

          ROBERT MANLY stated there have been discussions about a PA system as well,
          at the Planning Commission meeting. He stated he assumes the purpose of that
          PA system will be to have everyone in the stands understand over the crowd noise
          until 10:00 p.m. or 11:00 p.m. and he finds that will be very disturbing in terms of
          the enjoyment of his property.

          ROBERT MANLY stated he is a supporter of youth baseball and of the School
          District. He stated his son has played baseball in Shawnee for nine years and is
          on the Varsity squad at Shawnee Mission Northwest. He stated he thinks he has
          been at every venue in the County and in a three-state area, either coaching or
          watching him play, but this is not the right place for this particular facility and he
          clearly understands how they got here, in terms of the trade property.

          ROBERT MANLY stated as far as lights are concerned, this area is almost in line
          of sight of the western view from his property in all locations. He stated the
          sunsets are absolutely gorgeous there and those sunsets, whether they occur at
          8:00 p.m. or 9:00 p.m. during Daylight Savings time, will be no longer. He stated
          the tranquility of being able to sit out on his back porch will be no longer, in terms
          of the glow that will be there.

          ROBERT MANLY stated the Planning Commission and the architects who have
          worked on this, suggested he go to the website and look at their information about
          how unobtrusive the site is and is less obtrusive to the neighbors. He asked less
          obtrusive than what. He stated the Council can clearly see from the examples on
          the website of these baseball fields, that there is a tremendous halo generated from
          these lights. He presented a photograph of one example of a high school baseball
          field and noted this is just one field and will be multiplied by four times. He
          stated he believes there will be a significant impact in terms of lights and a
          significant impact in terms of noise. He stated he thinks it will be detrimental not
          only to his family, but to the development potential for the property.

          ROBERT MANLY thanked the Council for their time and attention. He stated he
          wanted to say that the staff was very courteous with his activity with them and
          would like to thank them as well. He asked for any questions.
PAGE 22                         CITY COUNCIL MINUTES                        DECEMBER 12, 2005




          Mayor Meyers asked if the property behind Mr. Manly were commercial, does he
          think the sunsets and situations described would not change. He asked if it were a
          housing development, would they not then see street lights or housing lights. He
          stated there would be the noise that happens in general neighborhoods. He stated
          that land will develop eventually. He stated the way it could develop could be
          much worse than what they are talking about tonight. He stated when he sees
          some of these situations arise, he sometimes says that the grass is not always
          greener on the other side with some of the expectations people might have.

          Mayor Meyers stated that as far as the soccer fields at Swarner Fields are
          concerned, those spectator numbers are much greater. He stated the number of
          soccer people greatly outnumber anything that would be at the softball complex
          on a regular basis. He stated he is not saying that there would not be a situation
          where there might not be 700 people watching four games, but does not think that
          will happen very often at all. He stated he think that happens on a daily basis
          when there are soccer games at Swarner Park.

          Mayor Meyers stated from October 21st until March, there will be absolutely
          nothing going on at this complex and it will be silent, other than any type of
          maintenance activities being performed. He stated that from the months of March
          until June, it will be used sparingly, because softball games for the most part are
          scheduled on Tuesdays and Thursdays. He stated even if it were a three night a
          week situation, it is not seven days a week. He stated that is a great number of
          months with very little activity or disturbance going on directly in the
          neighborhood next to Mr. Manly.

          ROBERT MANLY stated lo and behold there is no soccer activity typically
          during those months either. He stated there is very little sports activity during that
          period anywhere in the County. He stated to answer a couple of the Mayor’s
          questions, his comment about being careful of what he asks for, as he might get it,
          he assumes when describing that something worse could happen there in terms of
          development, that certainly the Planning Commission, staff, and Mayor Meyers
          would address those worse aspects of that site. He stated he has all the faith that
          they will all take care of that worse aspect and he will not have to deal with it.

          ROBERT MANLY stated with regard to Mayor Meyers’ thought specifically
          about the ball field, he asked the Council to look at the ball field he pulled off the
          website and pointed out it is less obtrusive.

          Mayor Meyers stated the concern again, was some of the traffic, noise, and
          lighting. He stated some of the properties straight across the street from Maurer
          Road is commercial property and are going to develop commercial.

          ROBERT MANLY stated they can see the glow from Wal-Mart and people
          actually call it the Wal-Mart Glow. He stated this will be much more
PAGE 23                         CITY COUNCIL MINUTES                        DECEMBER 12, 2005


          concentrated, in the middle of a residential area surrounded on three sides, and
          frankly when it is said there will be long periods of time where it will not be used,
          that is correct, but the use they are asking for. He stated he can only go on what
          they are asking for and not how often they may use it, because he can not come
          back before the Council and tell them they are using it every night of the week
          and ask them to stop it. He stated they have asked for every night of the week for
          eight months out of the year, so they can do it any time they want.

          ROBERT MANLY stated there is every economic incentive for the School
          District, to not necessarily during school time but during the summer, lease this
          complex out every night of the week, just like 3 and 2 and the George Brett Park.
          He stated the School District has every incentive to make it as intensive as they
          possibly can.

          Mayor Meyers clarified they could do that from June until October 21st – which is
          five months.

          Councilmember Novosel stated he appreciates fully what Mr. Manly is trying to
          say about the value of the property, but asked him if he was aware of Miller
          Woods ballparks out at 137th and Antioch. He stated that complex has many
          fields and he actually used to live very close to that facility. He stated it did not
          seem to affect the value of the property or the willingness of people to buy in that
          area.

          ROBERT MANLY stated he is aware of that area, but believes that everything is
          site specific, as Mr. Enochs talked about, and the fact that most of these home
          sites would be either line of sight directly as this one would be, or actually
          underneath the lights. He stated the home sites that these show are about less than
          300 feet from the back of center field, so it is very close and they have scooted
          this right up to the property line.

          BETH MARTIN, 15523 Johnson Drive, stated that she and her husband live
          directly north of the property on Maurer Road. She pointed out her property on
          the diagram and stated if she got the estimate correct on this, she believes their
          property line from the outfield fence is probably not much more than the distance
          of this courtroom. She stated she believes they will be hearing a lot of noise from
          this development. She stated she thinks it will have a serious impact on the use of
          their property and their ability to sit outside in the evening on their deck and enjoy
          the peace and quiet. She stated she does not know about those on the Council, but
          she and her husband do not do a lot of sitting out on their deck from November
          through February and that is really the only time of year when they will not have
          noise from this complex. She stated she hopes the Council will take that into
          consideration.

          Councilmember Kuhn stated having heard the thought that this was always
          assumed to be an elementary or middle school, would Mrs. Martin the not assume
PAGE 24                        CITY COUNCIL MINUTES                       DECEMBER 12, 2005


          there would be a significant amount of noise from that anyway, from playground
          and kids at recess and after school track and football practice.

          BETH MARTIN answered not from 5:00 p.m. until 11:00 p.m.

          Councilmember Kuhn stated she knows when her son would go to sports practices
          they would usually start at 6:00 p.m. and end around 8:00 p.m. She stated she
          would assume that it would be similar times, maybe not necessarily as much, but
          similar times of usage, plus all day long when the kids were in and out.

          BETH MARTIN stated that really has not been an issue they have considered.
          She stated what they are concerned about is when they come home from work in
          the evening and want to sit outside on the deck and enjoy a nice peaceful evening,
          how will they be able to do that with several hundred people screaming at a
          softball game. She stated she does not want to have to do that and finds it really
          hard to imagine that if any of them on the Council lived where she lives, they
          would want to do it either. She stated she thinks this complex will very seriously
          impact the enjoyment and use of their property and the way of life that they have
          enjoyed for a number of years. She stated this type of facility is certainly not
          something they ever anticipated would be put in at this location.

          BETH MARTIN stated there has been some comments also made about the
          property to the west of Maurer Road that is zoned for commercial use. She stated
          she would also point out that that property is not sitting up on this 1,000 foot
          ridge. She stated there is a drop off there and it is much lower and would not
          have anywhere the impact in terms of the lighting and development there, so it is
          not the same issue at all.

          PAUL VICK, 15010 W. 60th Street, thanked Mayor Meyers and the Council for
          the opportunity to come before them this evening. He stated he sent them an
          email last night. He stated he owns an acre and a half property right on the top of
          the hill, which is located directly east of Mr. Manly’s property. He stated that
          they and two other owners own the largest pieces of property within Sunset
          Estates. He stated being on top of the ridge, they have a direct view of the ridge
          on which the School Board is proposing this project.

          PAUL VICK stated he and his family are from Wichita and came from
          Washington D.C. to Shawnee. He stated they really enjoy this area and their son
          goes to Broken Arrow Elementary School. He stated they commend the School
          District and the City for the project at 63rd and Lackman – Swarner Park, and the
          improvements that have been made at that location. He stated they do hear some
          noise, but their concern is just putting what amounts to this big glow up on top of
          the highest hill west of them, where they have an upper deck and two lower
          decks. He stated they will lose that private setting they have and were blindsided
          by this entire project and did not know in advance that this was even a possibility.
PAGE 25                         CITY COUNCIL MINUTES                        DECEMBER 12, 2005


          PAUL VICK asked the Council to oppose this proposed development and
          consider asking the School Board to find another piece of property in a lower area
          that would not impact the peace and tranquility of the surrounding homeowners,
          such as him.

          Councilmember Goode asked Mr. Vick how long he has lived at his current
          location.

          PAUL VICK answered one year. He presented his statement in writing to staff.

          DIANA MULLIN, 15827 W. 61st Terrace, stated she has lived in Shawnee for 20
          years. She stated that prior to her current address, she lived at 6307 Charlotte.
          She stated she has heard the PA from day school and preschools around for many
          years and she knows the public address system will be an issue here, because that
          is what it is for – to address the public. She stated it has to be nice and loud, so
          everyone can hear it. She stated she moved to Parkside Villas which was a mile
          away from 63rd and Charlotte just last May. She stated she loves it and it is
          wonderful. She stated she thinks that the Council will realize that people who live
          there, do so because they want to maintain a nice property and pay plenty for the
          houses to live there.

          DIANA MULLIN stated to paraphrase a quote from the Bible, A city set on a hill
          cannot be hid. She stated a four complex softball field set up on a hill cannot be
          hid either. She stated they plan for 70 foot lights on the top of the hill which will
          not be hid. She stated it will give off the halo affect and she would hate to see a
          property area that is residential and could be developed as residential with lovely
          homes, such as Mr. Manly has, go to a ball diamond that could be put some other
          place.

          DIANA MULLIN stated she is a former teacher with the Shawnee Mission
          schools. She stated she knows they are a great district and she served her time
          there and there were good kids, but she thinks something else could be done with
          that property and they could find another place for 70 foot lights that will not be
          1,000 foot up.

          MERLE DUNHAM, 15807 W. 61st Terrace, stated he lives in the Parkside Villas
          complex. He stated he was a coach for 15 years and knows how important sports
          are, as well as schools. He stated his wife has been a schoolteacher all her life.
          He stated this sports complex, which would be surrounded pretty much by
          residential property, is not the place for this particular complex. He stated he
          would be all for a school there and does not think many of the residents would
          mind a school either, which was the original intent.

          MERLE DUNHAM stated when they purchased their property, the School Board
          indicated that they have invested $100,000 in this study. He stated they all, each
          one of them, have invested at least $100,000 in each of their properties at that site.
PAGE 26                         CITY COUNCIL MINUTES                        DECEMBER 12, 2005


          He stated at the time they purchased these, they were not aware of this proposal
          for a softball complex. He stated they were made aware that the school owned the
          property and that it could possibly be a school. He stated he does not think
          anyone is opposing a school.

          MERLE DUNHAM stated with those things in mind, he would ask the Council to
          imagine if this was a proposal 200 feet from their residential house and they had
          to take a side on this kind of a proposal with the 70 foot lights, noise, debris, and
          so on; would any of them be able to support this if it were that close to their
          residential property.

          NANCY KANCEL, 15822 W. 61st Terrace, stated one thing spoke about earlier,
          is that 61units have been sold at Villas at Parkside at this time. She stated the age
          of those people in 46 units out of the 61 units, are 45 or older. She stated she
          thinks these people moved there with the understanding that hopefully, they
          moved into a quiet neighborhood and would like to remain that way. She stated
          she understands schools are important, as they all went to school.

          NANCY KANCEL stated she has managed to get past her husband’s snoring, but
          she is not sure she can get past the sounds of 70 or 700 people at a softball
          complex. She stated snoring is one thing and people are another thing and noted
          that she and her husband has more than once gone to bed before 8:00 p.m. She
          stated they would appreciate it if the Council would consider all of their
          proposals.

          DOUG MARTIN, 15523 Johnson Drive, stated his wife Beth spoke a few minutes
          ago, but he would like to reiterate a couple points. He pointed out his property
          and Swarner Park on the overhead. He stated when there are soccer games at
          Swarner Park, even though they are buffered by Mr. Manly’s property, they can
          still hear the crowd noise.

          DOUG MARTIN stated the activities at Swarner Park take place during the day
          and that is not when they are trying to enjoy the evening quiet with the birds
          singing, when they are not trying to go to sleep. He stated Mayor Meyers
          mentioned with softball, there are only a handful of people at the games, but the
          majority of the time this park would be open, will be opened for commercial use
          and rental property. He stated the School District will give them no assurances to
          how many people might be there. He stated, as Mr. Manly says, they can only
          assume that they are going to go for maximum use.

          DOUG MARTIN stated he spoke at the Planning Commission meeting and had
          difficulty speaking, because he was hoarse from being at his granddaughter’s
          volleyball tournament and yelling. He stated he supports sports for schools. He
          stated there is at least one parent, person, or spectator per player and if they look
          at that in terms of four softball fields, that is a lot of people. He stated maybe not
PAGE 27                         CITY COUNCIL MINUTES                       DECEMBER 12, 2005


          for the girls softball in the spring when they will be done at 8:00 p.m., but what
          about the other leagues there during the fall, which plan to go until 10:00 p.m.

          DOUG MARTIN stated as far as the alternative of having a school there, yes
          there would be school noise, but again, it would be primarily during the day. He
          stated one councilmember mentioned they have practices until 8:00 p.m., but that
          is 8:00 p.m., not 10:00 p.m. and that is a big difference.

          LUKE WOHLGEMUTH, 15844 W. 62nd Street, stated within the last year he
          bought a villa at the Villas at Parkside and it is his first home and loves every bit
          of it. He stated he is 25 years old and his concern are not so much with going to
          bed at 8:00 p.m., but that there are 300+ parking spaces proposed in this complex
          and if that is broken down for the four games, it comes to approximately 75 cars
          per game. He asked when that number goes over, and it will happen, where will
          the overflow go. He stated there are no shoulders on Maurer or any parking, so
          will these cars come into his neighborhood and park on his streets. He stated if
          cars do park on Maurer, people will still be driving down Maurer and he feels
          there will be traffic backup when the games let out and there will be a much
          higher number of inexperienced drivers.

          LUKE WOHLGEMUTH continued by stating that the entrance is right on the hill
          at Maurer and Johnson Drive, and there is yet another hill that cars pop over
          constantly. He stated he is not saying it will happen, but merely saying he sees a
          higher likelihood of it happening with teenagers, students, inexperienced drivers,
          and much greater volumes. He stated it will happen that there will be more than
          300 cars at a certain game, taking into account 75 cars per game and if each
          parent comes separately from work for a child’s game, the numbers will add up
          fast. He asked if there will be an access road, because he frankly does not want
          the backup to flow into his neighborhood. He stated the way the Villas are set up,
          there are attached homes, multiple driveways, and not a lot of open side street
          parking. He stated the driveways will be blocked constantly if these cars were to
          come into the neighborhood.

          LUKE WOHLGEMUTH stated he does not want the lights or noise either, but
          traffic is going to be an issue, especially with a two lane road. He stated it is not
          even a four lane road. He stated when those games let out, he would be lucky to
          get off his street.

          Mayor Meyers asked Planning Director Chaffee to address any type of overflow
          parking situations that might arise.

          Planning Director Chaffee responded that he believes the School District has built
          in a number of parking stalls that they feel comfortable, based on their
          experiences of what goes on with the Blue Valley and Olathe districts. He stated
          he thinks they are comfortable that they are providing even more spaces than the
          minimum requirements, which would be 175 stalls, so they have built even
PAGE 28                         CITY COUNCIL MINUTES                        DECEMBER 12, 2005


          additional stalls of what would be required. He stated the School District may
          want to address this more, but from his own experience at JV and Varsity games
          in the Shawnee Mission District, they are lucky if 40 parents even show up for
          one of the teams, but certainly some teams tend to have more parents than others.
          He stated the players are all bussed to the site by the District and are taken back to
          the school after the games are over.

          Mayor Meyers stated he thought about some of the traffic concerns as well, and
          his first thoughts go to what he considers more of a mega complex at JCGAA. He
          stated that of course, there are many more residents that attend those fields,
          because there is a much greater number of fields, but not once has he ever had
          problems with traffic flowing in and out of that facility and he has visited it for
          many years, many times. He stated he never had a problem with a much greater
          volume and number of vehicles and traffic. He stated he has never had a problem
          entering or exiting that facility.

          Councilmember Pflumm stated he agrees with what Mayor Meyers said about the
          parking for the School District. He stated what he is hearing, is the issue is not
          necessarily when the School District is using this complex, but when it is leased
          out to someone having a tournament or whatever. He stated it might be alright if
          the School District sponsors the State tournament and that might happen once a
          year, but if they are leasing it out a lot, he could even start up his own tournament
          and have one every weekend and there might be cars all up and down the streets.
          He stated he does not have a problem with traffic on Maurer Road, because it has
          been built with the three lanes and the middle turn lane all the way up and down.
          He stated that will handle a lot more traffic than that little softball complex, but
          the parking could be an issue on the nights when the School District does not have
          it.

          Planning Director Chaffee stated he does not have the numbers for 3 and 2, but
          would doubt that they have 1,200 stalls.

          VANCE REZEPKA, VSR Design, stated he is the architect on this project. He
          stated he wanted to make a general comment on the parking. He stated a
          gentleman mentioned that there are about 75 stalls per field. He stated they
          typically design anywhere from 50 to 60 stalls per field for a recreation facility
          and typically design 65 stalls to have that overlap when they have some games
          overlap in starting. He stated they have overdone that somewhat by 10 cars per
          field. He stated if there is ever a State tournament, which would be one weekend
          per year, there would be other accommodations made to bus people in from the
          Lowes or Target parking lots, or even Wal-Mart, and there would be special
          provisions for those types of situations.

          Councilmember Pflumm stated he could have a tournament and invite teams from
          all over, so the issue is not with the School District at all.
PAGE 29                         CITY COUNCIL MINUTES                        DECEMBER 12, 2005


          VANCE REZEPKA stated that typically when a facility such as this is designed,
          they are at about 65 cars per field and with this design, it is 75 to 78 per field. He
          stated they feel they have done more than what they would typically do for a
          recreational facility. He stated that granted, someone could come in and do what
          they want with this and really try to overload it, but the stadium is really built for
          the 400 seats for that once in every three or four years type event.

          Councilmember Tubbesing stated Mr. Rezepka is saying his design standards are
          for a school district ballpark.

          VANCE REZEPKA stated the design for any kind of recreation ball field is about
          65 stalls for field.

          Councilmember Tubbesing asked if he would go to 3 and 2 or Mid America, are
          they averaging 65 stalls per field.

          VANCE REZEPKA answered yes.

          JANET WIKLE, 15715 W. 61st Terrace, Parkside Villas, stated she finds herself
          in a rather unusual situation in that she is a parent of a former girl softball player
          and would love to have had a complex like this when her daughter was playing.
          She stated she sat on many benches at very poor fields at high schools, because
          she usually played at that time on the lower level team and they did not get to go
          play at JCGAA and were not good fields. She stated however, she would like to
          remind Mayor Meyers that one reason they do not have problems with traffic at
          JCGAA is that Johnson Drive is four lanes and Maurer Road is two lanes.

          Mayor Meyers corrected that Maurer Road is actually three lanes.

          JANET WIKLE asked what the provisions are from the school district for when
          they rent the facility out and not during the school year, to actually end the games
          at 10:00 p.m. and turn the lights off. She stated there were many nights that they
          did not pull into their driveway until 12:30 a.m. She stated they were playing at
          JCGAA and Cottonwood Park and they are not in residential development areas.
          She stated those are fine facilities, as Cottonwood has four fields and she does not
          know how many parking spaces they have there, but it is not enough. She stated
          they always had trouble finding parking down there.

          JANET WIKLE stated she would like to know how they intend to enforce that.
          She stated games are not called for time. She stated she never remembers a game
          being called because they were going to turn the lights off, so how do they plan to
          address that.

          Mayor Meyers replied that he can only answer for the School District games,
          because he knows the times those games begin and they are double headers. He
          stated it would be very unusual for a game to exceed 8:30 p.m., even if it went
PAGE 30                         CITY COUNCIL MINUTES                        DECEMBER 12, 2005


          into extra innings. He stated he is going to ask the School District to respond to
          that question, so everyone can hear what their guarantee would be, as far as the
          stadium hours are concerned.

          ROBERT DIPIERRO stated if the City Council approves a 10:00 p.m. time
          cutoff, the lights will be turned off at that time. He stated there will be personnel
          on the site who will ensure they comply with the restriction. He stated they are up
          front about it and if their people are told to turn the lights off at 10:00 p.m., they
          will expect them to do that. He stated at the present time, they are not discussing
          renting the facility to anyone. He stated that is an open area for them, although
          there has been some interest expressed by some organizations, but they have not
          had any discussions with any other group at this time. He stated that part of those
          discussions with those other groups will be the restrictions that they will live
          under and they will have to comply with whatever restrictions they are given, or
          else they will not be able to use the facility.

          ROBERT DIPIERRO stated the reason they are expecting this facility to be used
          other than the times that the School District is using it, is for community purpose
          as well. He stated these are students that go to these schools and live in this city,
          so the students they expect to be using this facility during that off time is actually
          the community. He stated it is a community use that they are looking at providing
          for the patrons of their district. He stated they have not made a concrete plan with
          anyone or discussed it extensively with any other individual that would lease the
          facility, but they would be expected to comply with any restriction.

          MARY JO ALLEN, Partner, Villas at Parkside, stated she has some points to
          make about the business part of this. She stated the way she understood this, the
          School District acquired this land seven or eight years ago with no predetermined
          need.

          Mayor Meyers clarified that he believes the land was acquired approximately 10
          years ago.

          MARY JO ALLEN stated that four or five years ago, M.J. Allen starts to call Bob
          DiPierro constantly to sell her that land. She stated she has had her eye on that
          piece of property for quite a while. She stated the need was determined for some
          softball fields. She stated the land was already owned and the bonds were
          approved, so to her this appears to be the easiest location and solution to meet the
          need for a softball field. She stated they have the land and budget, so it was
          decided to do it here.

          MARY JO ALLEN stated that as far as a private developer, could she go that
          route and if she had a piece of land and could determine that because of the
          zoning or appropriate use for that land being medium density, the value would be
          significantly higher maybe than what her basis was and she might want to look at
          that. She stated she also knows this piece of ground has to be expensive to
PAGE 31                        CITY COUNCIL MINUTES                      DECEMBER 12, 2005


          develop. She stated if she could meet her needs somewhere else with a less costly
          piece of ground that was maybe half the cost to develop, she certainly would go to
          that piece of ground to meet her needs. She stated she knows that would appeal to
          the general public or as far as she would think, any entity developing any piece of
          ground. She stated that she, as a private developer, would certainly meet her
          needs in the most cost-effective way.

          MARY JO ALLEN stated she would say if this was truly compatible for the
          surrounding area, she would more than likely think this would be a consent item
          and it would be over and they would not be here talking about it.

          Mayor Meyers stated this would not ever be a consent item. He asked Planning
          Director Chaffee to once again speak on the three options for the Council this
          evening.

          Planning Director Chaffee responded that the three options are first, with five
          votes or a majority vote of the Governing Body, the Council can uphold the
          Planning Commission’s recommendation to deny. Secondly, also by a majority
          vote, or five votes, the Council can return the item to the Planning Commission
          for further consideration, with specific items for the Planning Commission to
          consider. He stated that in other words, they do not open it up and listen to
          everything again, but the Council asks them to be very specific. Thirdly, with six
          votes, the Governing Body can override the Planning Commission and
          recommend approval. He stated that also with those six votes, any condition
          could be modified or changed, or the Council can do as they please with the
          conditions for approval.

          Councilmember Tubbesing stated he does respect the role of the Planning
          Commission and does not believe they have all the information that the
          Governing Body is being asked to consider this evening. He stated he thinks it is
          appropriate that this go back to the Planning Commission, specifically to look at
          the change in the lot grade, or the grade of the lot, and the fencing suggested on
          the south. He stated that quite frankly, he would suggest that they even look at
          the fencing on the north and east sides of the property. He stated a dense enough
          or solid enough fence will mitigate sound.

          Councilmember Tubbesing stated that either way, this will come back before the
          Council, so he does not want anyone to think they are passing the buck here,
          because either way the Planning Commission votes, the Council will see it at a
          future meeting.

          Councilmember Tubbesing, seconded by Councilmember Novosel, moved to
          return SUP-13-05-11, a request from the Shawnee Mission USD #512 Girls
          Softball Complex for a special use permit to allow a sports facility in the AG
          (Agricultural) zoning district at 6101 Maurer, back to the Planning Commission
          for further review and attention.
PAGE 32                         CITY COUNCIL MINUTES                        DECEMBER 12, 2005




          Councilmember Kuhn asked if at that time, would they also be able to examine
          whether or not there could be limitations added for commercial or outside school
          district use, not necessarily recommending that they decrease it, but at least
          examining that possibility, as that seems to be the most contentious issue.

          Councilmember Tubbesing stated he would include that in his motion.

          Planning Director Chaffee asked if they also want the Planning Commission to
          look at the School District’s proposal to change their hours.

          Councilmember Tubbesing stated it should read as it reads in the packet with the
          letter from Mr. DiPierro.

          Councilmember Sawyer stated his only issue is if they can rent this facility in the
          summertime so be it, as he commends them for shortening the hours, but these
          facilities are not free. He stated everyone in this room tonight pays for these
          things and if they can recoup some of the cost, so be it. He stated he does agree
          that they have shortened up the times and he does not think the Council needs to
          hamstring them entirely to try to make this thing work.

          Councilmember Sawyer stated they are talking about 9:00 p.m. and as Mr. Enochs
          brought up earlier, they are in talks about moving Daylight Savings time to
          March. He stated it will still be light out at 9:00 p.m. and he questions whether
          they really have anyone who plans to rent this facility anyway. He stated if they
          do, they do that’s great. He stated that is his only concern, that the Council sends
          that back to the Planning Commission with that type of recommendation. He
          stated the Planning Commission should be making that decision and if that is their
          decision, so be it. He stated he does not think the Council needs to be putting that
          particular thing in there.

          Councilmember Tubbesing asked Councilmember Sawyer if he is asking to
          eliminate the lights.

          Councilmember Sawyer replied that he did not say that and is not talking about
          the lights. He stated he is talking about limiting the School District to not be able
          to lease the facility in the summertime.

          Councilmember Kuhn stated since that was her initial discussion point, she should
          probably clarify further. She stated she is not interested in sending this back to
          the Planning Commission with the recommendation that they disallow the ability
          to rent out the facility. She stated she would like to see that be a talking point for
          the Planning Commission. She stated thinking about what they are saying
          tonight, she has to agree with Councilmember Tubbesing on the fact that the
          Planning Commission itself is there in order to work out the problems and the
          biggest issues that need to be worked out, so when it comes to the Council they
PAGE 33                          CITY COUNCIL MINUTES                         DECEMBER 12, 2005


          are agreeing on a concise plan. She stated that right now they do not have that.
          She stated there are too many points that have not been addressed and too many
          things added to it, since the Council first received the packet that need to be
          addressed in order to come to the Council as the right package.

          Councilmember Kuhn stated there is some irony in this, in the fact that the
          Planning Commission often sends things to the Council that are other use for
          general residential areas. She stated one such topic seen quite often, is
          townhomes, condominiums, and residences that are attached. She stated the
          number of folks who turn out for that to talk to the Council about how much that
          will increase the traffic in their neighborhoods, the parking on their streets,
          decrease their home values and how many wild, young people live in all of these
          townhomes. She stated every time she says that is not true, as this City has
          wonderful folks who live and choose lifestyles because it fits them.

          Councilmember Kuhn stated she thinks it is important that they always realize
          that everyone is going to see the downside of what is being built in their backyard.
          She stated in this particular case, they are going to try to find the best upswing to
          something that might be built in their backyard. She stated in order to find what
          the best possible plan is for the Council to make their decision, she feels it should
          go back to the Planning Commission and allow them to hammer out those details
          and come back to the Council in that manner.

          Councilmember Pflumm stated if this item does go back to the Planning
          Commission for rework, he would hope that the School District could at least
          examine other options for other facilities or locations for this complex. He stated
          being on the top of a hill is certainly not the best thing. He stated that he and
          Councilmember Scott represent basically three-fourths of everyone in this room
          tonight and they have to do the best thing here. He stated if this item was voted
          on this evening, it would probably go, so they need to figure out what is the best
          thing for all the people in the room.

          Councilmember Pflumm stated he would hope the Council would all look at, first
          of all, that it is going to cost quite a bit to move all the dirt. He stated that will be
          quite expensive to put the field in there. He stated he would hope the School
          District would at least examine other locations to search for other possibilities.

          Councilmember Pflumm asked if there is one specific person representing the
          people this evening. He stated if one person could volunteer to work with staff on
          this item, it would certainly help this process.

          Therefore the motion read and a roll call vote was taken.
PAGE 34                             CITY COUNCIL MINUTES                       DECEMBER 12, 2005


              Councilmember Tubbesing, seconded by Councilmember Novosel, moved to
              return SUP-13-05-11, a request from the Shawnee Mission USD #512 Girls
              Softball Complex for a special use permit to allow a sports facility in the AG
              (Agricultural) zoning district at 6101 Maurer, back to the Planning Commission
              for further review and attention at their January 4, 2006 meeting and examine the
              following four items: (1) the revised site plan lowering the elevation of the
              parking lot along the south side of the property an additional two feet; (2)
              revisions in the proposal to turn the lights of the field off earlier than originally
              proposed; (3) Using a board on board fence along the south property line or
              consider requiring solid fencing also along the east and north property lines to
              assist in the reduction of noise; (4) Whether further restrictions should be imposed
              on the rental of the facility between June and October. The motion carried 5-3,
              with Councilmember’s Goode, Kuhn, Novosel, Sandifer, and Tubbesing voting
              aye, and Councilmember’s Scott, Pflumm, and Sawyer voting nay.

9:25 p.m. - Mayor Meyers called for a short break. The meeting reconvened at 9:30 p.m.

       f)     Consider withdrawal of SUP-8-00-10, a special use permit previously issued to
              Sacred Heart Catholic School to operate a preschool for up to 30 children at
              21801 Johnson Drive.

              Mayor Meyers stated that the Planning Commission recommended 7-0 that the
              Council approve the request for withdrawal.

              Councilmember Sawyer, seconded by Councilmember Kuhn, moved to
              withdrawal SUP-8-00-10, a special use permit previously issued to Sacred Heart
              Catholic School to operate a preschool for up to 30 children at 21801 Johnson
              Drive, as per the Planning Commission’s recommendations listed in the
              December 12, 2005 staff report. The motion carried 8-0.

16.    CONSIDER THE FOLLOWING ITEMS FROM                                    THE      PLANNING
       COMMISSION MEETING OF DECEMBER 5, 2005.

       a)     Consider FP-37-05-12, the final plat for Westbrooke Glen, for three lots at 7420
              Flint.

              Mayor Meyers stated that the Planning Commission recommended 8-0-1 that the
              Council accept the dedications on FP-37-05-12 for Westbrooke Glen.

              Councilmember Goode, seconded by Councilmember Kuhn, moved to accept the
              dedications on FP-37-05-12, the final plat for Westbrooke Glen, for three lots at
              7420 Flint, as per the Planning Commission’s recommendations listed in the
              December 12, 2005 staff report. The motion carried 8-0.

       b)     Consider FP-38-05-12, the final plat for the Reserve at Belle Meade Farms, 2nd
              Plat, for two lots in the 5100 block of Gleason.
PAGE 35                         CITY COUNCIL MINUTES                       DECEMBER 12, 2005




           Mayor Meyers stated that the Planning Commission recommended 9-0 that the
           Council accept the dedications on FP-38-05-12 for Reserve at Belle Meade
           Farms, 2nd Plat.

           Councilmember Kuhn stated she would like to express some dissatisfaction that
           the original tracts A and B have not yet been deeded over to the homeowners
           association, as part of conversations a number of times in the past. She stated that
           while she recognizes that they can not tie the two individual pieces together and
           that this needs to go forward, she highly recommends to the developer to go ahead
           and get that done, as previously promised.

           Councilmember Kuhn, seconded by Councilmember Tubbesing, moved to accept
           the dedications on FP-38-05-12, the final plat for the Reserve at Belle Meade
           Farms, 2nd Plat, for two lots in the 5100 block of Gleason, as per the Planning
           Commission’s recommendations listed in the December 12, 2005 staff report.
           The motion carried 8-0.

      c)   Consider FP-39-05-12, the final plat for the Reserve at Belle Meade Farms, 3rd
           Plat, for three lots in the 5100 block of Gleason.

           Mayor Meyers stated that the Planning Commission recommended 9-0 that the
           Council accept the dedications on FP-39-05-12 for Reserve at Belle Meade
           Farms, 3rd Plat.

           Councilmember Kuhn, seconded by Councilmember Goode, moved to accept the
           dedications on FP-39-05-12, the final plat for the Reserve at Belle Meade Farms,
           3rd Plat, for three lots in the 5100 block of Gleason, as per the Planning
           Commission’s recommendations listed in the December 12, 2005 staff report.
           The motion carried 8-0.

COUNCIL ITEMS

17.   CONSIDER THE FOLLOWING ITEMS FROM THE PUBLIC WORKS &
      SAFETY COMMITTEE MEETING OF NOVEMBER 22, 2005.

      a)   Consider Property Maintenance Code Changes.

           Councilmember Pflumm stated that the Committee recommended 4-0 that the
           Council approve the amendments to the property maintenance code as submitted
           by staff to include changing the notice of violation provisions, assessment
           provisions, and the Board of Appeals provisions within the Exterior Maintenance
           Standards for Structures and Land (SMC Chapter 15.52).

           Councilmember Pflumm, seconded by Councilmember Novosel, moved to pass
           an ordinance approving the amendments to the property maintenance code as
PAGE 36                         CITY COUNCIL MINUTES                     DECEMBER 12, 2005


           submitted by staff to include changing the notice of violation provisions,
           assessment provisions, and the Board of Appeals provisions within the Exterior
           Maintenance Standards for Structures and Land (SMC Chapter 15.52). The
           motion carried 8-0. Having passed, Ordinance 2795 was assigned.

      b)   Consider Revisions to Policy Statement PS-27, Public Works Department,
           Department and Service Fees.

           Councilmember Pflumm stated that the Committee recommended 4-0 that the
           Council approve changing the current mowing charges within Policy Statement
           PS-27 to a $70.00 administrative fee, plus actual costs from the contract mower.

           Councilmember Kuhn stated her concern is that by decreasing this to that small an
           amount, they will actually be putting the City back into the lawn mowing
           business. She stated she knows a number of folks who own land that would
           probably be very happy to pay just what the cost was, plus $70.00, not to have to
           mess with mowing their property. She asked if it is just as easy a fix to go back
           and increase this again, as it is to change it at this time.

           City Manager Montague answered yes.

           Councilmember Pflumm stated there was a lot of discussion about that at the
           Committee meeting. He stated there have been some issues and there are reasons
           why they had to do this.

           Councilmember Sawyer stated it is not the cost of City staff mowing, as it is an
           outside contractor who is hired. He stated he would question how that would be a
           good deal for someone – cost plus $70.00 does not make sense.

           Councilmember Pflumm, seconded by Councilmember Sawyer, moved to
           approve changing the current mowing charges within Policy Statement PS-27 to a
           $70.00 administrative fee, plus actual costs from the contract mower. The motion
           carried 8-0.

      c)   Consider an Interlocal Agreement for the Operation Green Light (OGL) Program.

           Mayor Meyers stated that the Committee recommended 4-0 that the Council
           approve staff’s recommendation that the City agree to participate in the Operation
           Green Light program through the Mid-America Regional Council, to include 14
           signals in Shawnee, at a total estimated cost to the City of $27,180.00, with the
           City having paid $8,079.00 toward that cost in 2002 and the remainder of
           $19,101.00 to be invoiced by the end of 2005.

           Councilmember Sawyer stated one thing that was brought up at the Committee
           meeting with the Mid-America Regional Council people, was they asked the
           question who within the City of Shawnee is on that board and who gets to help
PAGE 37                         CITY COUNCIL MINUTES                       DECEMBER 12, 2005


          make some of these decisions on what this will continue to cost the City. He
          stated that Mid-America Regional Council did make some comment it will most
          likely go up in future years. He stated he does not feel they got a good answer
          and knows there is one staff person on that board, Traffic Engineer Sherfy.

          Councilmember Sawyer stated he is not sure if anyone else on the Council has
          these same concerns, as they are not really represented on this side of the state
          line as well as he believes they should be. He asked if this Council can do
          anything about that and answered no, except just continue to voice their opinion
          and make it known they feel they need more input.

          Councilmember Tubbesing stated when it comes down to it, it is estimated that
          OGL will cost $1 million per year for Mid-America Regional Council to operate.
          He stated it gets into the personnel providing maintenance and communication.
          He stated when this was initially brought up, one question was if they are digging
          fiber between the lights and back to where the control center is located. He asked
          if they have looked into line of sight technologies, so they can not dig fiber which
          costs money and could easily swap out line of sights technologies as they improve
          or radio, or whatever else. He asked where they are at with wireless and why will
          it cost $1 million per year.

          Public Works Director Freyermuth replied it is his understanding, as far as the
          operations side is concerned, is they will use fiber where fiber currently exists and
          not go in with a cost to put in fiber just to run this system. He stated they are
          using a radio system for the signal locations that are not currently located next to
          fiber.

          Public Works Director Freyermuth stated the $1 million per year charge is just the
          estimated cost of what it will cost in the future to run this on an annual basis for
          staffing and reevaluating intersections, timing plans; a system of this nature with
          roughly 600 signals across the metro area on this system will take a lot of staff
          time in order to keep those signals adjusted properly, so they do work in an
          appropriate manner to move traffic better that what currently exists. He stated the
          million dollar range includes all the issues to operate the system each year.

          Public Works Director Freyermuth stated he thinks the comment brought up, is
          there will be Federal funding acquired to help pay that $1 million cost for several
          years, but it will eventually have to go to some other funding mechanism because
          that can only be used three years from when it starts operations, until it has to go
          through either local funding from each of the member cities, or if they do a
          transportation tax where they talked about sales tax and was what was mentioned
          by the Mid-America Regional Council representatives that did the discussion on
          Smart Moves. He stated one other element was to help fund the operating costs
          on Operation Green Light (OGL).
PAGE 38                            CITY COUNCIL MINUTES                       DECEMBER 12, 2005


             Councilmember Tubbesing stated it sounds like they are considering some
             forward technologies and what not, but would consider our representative to be
             keeping that on the minds of the board, as far as if there is equipment that the City
             does not have to constantly be paying monthly and annual charges on, in order to
             run it and keep that communication system up. He thinks that would be
             beneficial.

             Councilmember Pflumm, seconded by Councilmember Scott, moved to approve
             staff’s recommendation that the City agree to participate in the Operation Green
             Light program through the Mid-America Regional Council, to include 14 signals
             in Shawnee, at a total estimated cost to the City of $27,180.00, with the City
             having paid $8,079.00 toward that cost in 2002 and the remainder of $19,101.00
             to be invoiced by the end of 2005. The motion carried 8-0.

BUSINESS FROM THE FLOOR

      a)     Christmas Around Town – Unsafe Fire Drums.

             Councilmember Pflumm stated that he and his family attended Christmas Around
             Town. He stated there was a potentially unsafe situation with an open pit fire
             structure. He stated he got popcorn, turned around and there was a kid rolling in
             the coals. He stated it turned out to be his kid and he had turned around and fell
             into the fire.

             Councilmember Pflumm asked if they could possibly have someone appointed
             next year who would be in charge of safety issues, whether it be pertaining to heat
             or close contact with cars – whatever the safety issues may arise.

STAFF ITEMS

18.   CONSIDER FINAL PLANS FOR THE STREET IMPROVEMENTS FOR 51ST
      STREET, QUIVIRA DRIVE TO ROSEHILL ROAD, P.N. 3308.

      Mayor Meyers stated that the final plans have been submitted by Shafer, Kline and
      Warren (SKW). The total estimated cost of this project is $6,466,000, with $3,565,000
      funded through CARS and the remaining $2,901,000 funded by the City at Large.

      Councilmember Tubbesing stated in the staff report he gets somewhat confused, as he
      does not remember the budgeted amount on this improvement.

      Public Works Director Freyermuth responded the current CIP budget on this project is
      $6.5 million, so this figure is right on budget to where they were at back in the summer.

      CINDY BOLFETA, 5017 Park Street, stated she should have probably brought this up
      before now, but every time she would try to come forward, someone would beat her to
      the punch. She stated she would make her last attempt tonight.
PAGE 39                             CITY COUNCIL MINUTES                       DECEMBER 12, 2005




      CINDY BOLFETA stated they live at the end of the cul-de-sac that backs up to 51st
      Street and like the improvements that are planned. She stated 55th Street looks great. She
      stated her concern is from Summit Street down to Quivira Road, if the road could be
      moved 10 feet to the south, no one would lose property or trees; it would be very little.
      She stated if the road is not moved 10 feet to the south, she will lose all her side and the
      houses on the other side will just lose farmland – that’s it. She stated she is just asking
      the Council to consider the possibility of moving this 10 feet south.

      Project Engineer Lindstrom pointed out the area in question and noted Quivira Glen Park
      with Quivira Drive on the west. He stated they did get approval the last time they all met
      with the preliminary plans, to move the road over within Quivira Glen Park. He stated
      that basically to the approach at Haskins, they have shifted it 25 feet to the north. He
      stated the City already had the property available, so it did actually help out three
      residents on the south side.

      Project Engineer Lindstrom stated Mrs. Bolfeta’s request is basically to move everything
      on Don Marrs’ property, as there is no development on that land at this time. He stated
      that actually in the preliminary plans, they did approve on the very west end of the
      existing road and already shifted that road quite a few feet to the south. He stated he
      believes Mrs. Bolfeta is asking that everything east of the area to be shifted over onto the
      Marr’s property.

      Project Engineer Lindstrom stated he spoke with Mr. Marr quite a few times and believes
      Mr. Marr is quite against that type of plan. He stated it is not that Mr. Marr plans on
      doing anything in the very near future, but because of the value of his property, he was
      against that happening.

      Councilmember Tubbesing asked if they jog it to the south 10 feet and are jogging to the
      north down the road by 25 feet and will that create an “S” curvature.

      Project Engineer Lindstrom replied that the engineering firm had to take that into
      consideration. He stated they had to put in the curbs to City standards. He stated the
      changes are not as abrupt as they had hoped.

      Councilmember Tubbesing asked if they shifted an additional 10 feet to the south on the
      west side, would that not make a more abrupt curvature as they then go 25 feet to the
      north.

      Project Engineer Lindstrom responded it is not as easy as that. He stated they would
      have an “S” curve a couple of times actually, as some of the residents east of Summit
      want the road shifted to the north. He stated they are fighting the battle of moving to the
      south or north. He stated the staff has attempted, and he believes they did a pretty good
      job of installing a retaining wall for all the residents along the north side if they did get
      into their landscaping. He pointed out they tried, in essence, to do that along the entire
PAGE 40                            CITY COUNCIL MINUTES                       DECEMBER 12, 2005


      north side. He stated in this process of going through the study and report, along with the
      preliminary plans, he feels the staff has addressed everyone’s needs.

      Councilmember Sandifer asked if Mrs. Bolfeta will be losing the trees she spoke about
      earlier.

      Project Engineer Lindstrom answered they do show they will get into some of her trees
      on her property that are grouped right along the street. He stated they would have to then
      impact the people on the south side more if they shifted it to the south. He stated that not
      all the impact would be on the Marr’s property, it would carry into other properties east
      of there.

      Councilmember Pflumm stated if he remembers correctly, when they moved the 25 feet
      over north next to the park, it prevented them from putting in retaining walls on the south
      side which helped somewhat with costs. He asked if they will have the same issue here
      and would it be a detriment and end up costing the City more.

      Project Engineer Lindstrom answered yes, because there are steeper grades on the south
      side than on the north. He stated if they shift that to the south, they would have to add
      retaining walls and the height would be greater – and yes, it would add cost. He stated
      just the opposite, the people on the south side have been fighting to push the road to the
      north, so the issue has gone back and forth on this project.

      Councilmember Scott, seconded by Councilmember Pflumm, moved to approve the final
      plans for the street improvements for 51st Street, Quivira Drive to Rosehill Road, P.N.
      3308, at a total estimated cost for this project of $6,466,000, with $3,565,000 funded
      through CARS and the remaining $2,901,000 funded by the City at Large. The motion
      carried 8-0.

19.   CONSIDER FINAL PLANS FOR THE STREET IMPROVEMENTS FOR 47TH
      STREET, MUND TO WOODLAND DRIVE, P.N. 3309.

      Mayor Meyers stated that the final plans have been submitted by Brungardt, Honomichl
      & Company (BHC). The total estimated cost of this project is $2,400,000, with $275,000
      funded through federal funds and the remaining $2,125,000 funded by the City at Large.

      Councilmember Pflumm, seconded by Councilmember Sandifer, moved to approve the
      final plans for street improvements for 47th Street, Mund to Woodland Drive, P.N. 3309,
      as submitted by Brungardt, Honomichl & Company (BHC), at a total estimated cost for
      this project at $2,400,000, with $275,000 funded through federal funds and the remaining
      $2,125,000 funded by the City at Large. The motion carried 8-0.

20.   CONSIDER REQUEST FOR HOUSE MOVING PERMIT FROM 8324 RENNER
      ROAD, IN LENEXA, KANSAS, TO A LOT AT 18529 MIDLAND DRIVE,
      SHAWNEE.
PAGE 41                            CITY COUNCIL MINUTES                       DECEMBER 12, 2005


      Mayor Meyers stated that the staff received a request from Harrison Structural Moving to
      move an existing structure from 8324 Renner Road, in Lenexa, Kansas, to a lot at 18529
      Midland Drive. Planning staff has found that the building is compatible with the
      neighborhood.

      Councilmember Tubbesing stated the staff report says that the building has been
      inspected and is okay to move. He asked if once the building is moved, will it then be
      inspected again once it is hooked up to services.

      Chief Codes Administrator Thompson answered yes. He stated the staff has not been
      able to issue a permit to construct the foundation. He stated the City Engineering
      Division has pointed out that a detention fee needs to be paid. He stated there is a flood
      plain development permit that needs to be obtained and staff does not see any problem
      obtaining it. He stated there is a requirement for the road ditch to be evaluated, possibly
      improving the culvert pipe to be put in and that evaluation has not yet been completed.
      He stated the Police Department looked at the move and recommended that this move
      occur only on a weekend. He stated they also recommended it start at approximately
      3:00 a.m., as they are very concerned about tying up traffic. He stated the Police
      Department also believes that escort services would be necessary and they would have to
      provide two officers for this move. He stated the traffic engineer also needs to be
      contacted and staff needs to remove a street light at one particular location. He stated the
      time and date are up in the air at this time, so that needs to be locked down or a condition
      needs to be placed that they coordinate with the staff to get that approval.

      WEBSTER RYAN, 8324 Renner Road, Lenexa, Kansas.

      Mayor Meyers asked Mr. Ryan if he was aware of these stipulations the staff wants to see
      completed, if approved by the Council.

      WEBSTER RYAN answered yes. He stated he has been working with staff throughout
      this project. He stated they have a few remaining loose ends that need to be tied up.

      Councilmember Pflumm, seconded by Councilmember Sandifer, moved to approve the
      request for a house moving permit, per staff’s recommendations, from Harrison
      Structural Moving, from 8324 Renner Road, Lenexa, Kansas, to a lot at 18529 Midland
      Drive, Shawnee, Kansas. The motion carried 8-0.

21.   CONSIDER APPROVAL OF A PROFESSIONAL SERVICES CONTRACT TO
      PROVIDE DESIGN, BIDDING AND CONSTRUCTION SERVICES FOR STORM
      DRAINAGE IMPROVEMENTS IN THE AREA OF 52ND AND CHARLES
      STREET, P.N. 3288.

      Mayor Meyers stated that the City has negotiated a contract with The Peridian Group to
      provide the professional services in the area between 51st and Long to 52nd and Halsey.
      The preliminary engineering study (approved by the Council on September 4, 2002)
      made recommendations to alleviate the flooding of 6 homes and several streets by
PAGE 42                            CITY COUNCIL MINUTES                      DECEMBER 12, 2005


      replacing the inadequate and deteriorated storm sewer in the area. The contract provides
      for compensation to be paid on an hourly basis not to exceed $146,254. The Johnson
      County Stormwater Management program will pay for 75% of the cost of the study.

      Councilmember Tubbesing stated they are hiring The Peridian Group to do the design,
      bidding, and construction services for these improvements, and asked if that is based on
      the survey of 2002 before the new FEMA maps went into play. He asked if there is
      going to be any consideration as to whether that is actually accurate to be bidding out and
      designing off of the 2002 surveys.

      Project Engineer Gregory answered yes, there will be consideration. He stated that
      actually the new FEMA maps and those things do not really affect this area of town. He
      stated the estimate the staff has, has been updated since the study was done. He stated
      the study was revised last year, so they are still within the amounts set aside.

      Councilmember Pflumm, seconded by Councilmember Scott, moved to authorize the
      Mayor to sign a professional services contract with The Peridian Group to provide
      design, bidding, and construction services for storm drainage improvements in the area of
      52nd and Charles Street, P.N. 3288, providing for the compensation to be paid on an
      hourly basis not to exceed $146,254. The Johnson County Stormwater Management
      program will pay for 75% of the cost of the study. The motion carried 8-0.

22.   CONSIDER APPROVAL OF A PROFESSIONAL SERVICES CONTRACT TO
      PROVIDE A PRELIMINARY ENGINEERING STUDY (PES) FOR STORM
      DRAINAGE IMPROVEMENTS IN THE AREA OF SEVEN HILLS
      SUBDIVISION NEAR RICHARDS DRIVE AND BRADSHAW STREETS.

      Mayor Meyers stated that the City has negotiated a contract with Shafer, Kline and
      Warren (SKW) to provide the professional services to prepare two PES to investigate the
      reoccurring flooding of homes, yards and streets in the areas of 7600 Richards Drive and
      7614 Bradshaw. The contract provides for compensation to be paid on an hourly basis not
      to exceed $30,708. The Johnson County Stormwater Management program will pay for
      75% of the eligible cost of the study.

      Councilmember Pflumm, seconded by Councilmember Kuhn, moved to authorize the
      Mayor to sign a professional services contract with Shafer, Kline and Warren to provide a
      preliminary engineering study for storm drainage improvements in the area of the Seven
      Hills subdivision near Richards Drive and Bradshaw Streets with the contract to provide
      for compensation to be paid on an hourly basis, not to exceed $30,708 and the Johnson
      County Stormwater Management program to pay for 75% of the eligible cost of the
      study. The motion carried 8-0.

23.   CONSIDER APPROVAL OF A PROFESSIONAL SERVICES CONTRACT TO
      PROVIDE A PRELIMINARY ENGINEERING STUDY (PES) FOR STORM
      DRAINAGE IMPROVEMENTS IN THE AREA OF 52ND TERRACE AND
      BARTON.
PAGE 43                            CITY COUNCIL MINUTES                     DECEMBER 12, 2005




      Mayor Meyers stated that the City has negotiated a contract with Olsson Associates
      Consulting Engineers to provide the professional services to prepare a PES to investigate
      the reoccurring flooding of homes, yards and streets in the areas of 52nd Terrace and
      Barton. The contract provides for compensation to be paid on an hourly basis not to
      exceed $17,810. The Johnson County Stormwater Management program will pay for
      75% of the eligible cost of the study.

      Councilmember Pflumm, seconded by Councilmember Scott, moved to authorize the
      Mayor to sign a professional services contract with Olsson Associates Consulting
      Engineers to provide a preliminary engineering study (PES) for storm drainage
      improvements in the area of 52nd Terrace and Barton with the contract to provide for
      compensation to be paid on an hourly basis, not to exceed $17,810 and the Johnson
      County Stormwater Management program will pay for 75% of the eligible cost of the
      study. The motion carried 8-0.

24.   CONSIDER PRELIMINARY ENGINEERING STUDY (PES) FOR STORM
      DRAINAGE IMPROVEMENTS IN THE AREA OF MONTICELLO MEADOWS
      AND CITY VIEW FARMS, SOUTH OF 55TH STREET, WEST OF K-7 (SMAC
      MC-021-070).

      Mayor Meyers stated that the Olsson Associates Consulting Engineers have completed
      the Preliminary Engineering Study. The study recommends their 2nd Alternative. The
      total estimated cost of Alternative 2 is $2,524,000. The County’s portion is estimated at
      $1,683,000. The City’s estimated cost is $841,000, which will be funded through Parks
      and Pipes funds and General Obligation Bonds.

      Councilmember Tubbesing stated pertaining to the way this was written, he would ask
      the staff to provide a report on the items the Council has approved and the dollar amounts
      that they have funded through Parks and Pipes and General Obligation Bonds, with a
      comparison to the projected or collected revenues for Parks and Pipes for that same
      period of time and how they correlate. He stated he would like that information provided
      to him within the next couple of weeks.

      Councilmember Kuhn, seconded by Councilmember Novosel, moved to approve the
      preliminary engineering study Alternative #2 for SMAC MC-021-070, storm drainage
      improvements in the area of Monticello Meadows and City View Farms, south of 55th
      Street, west of K-7 at a total estimated cost of $2,524,000, with the County’s portion
      estimated at $1,683,000 and the City’s estimated cost at $841,000, which will be funded
      through Parks and Pipes funds and General Obligation Bonds. The motion carried 8-0.

MISCELLANEOUS ITEMS

25.   CONSIDER APPROVAL OF SEMI-MONTHLY CLAIM FOR DECEMBER 12,
      2005, IN THE AMOUNT OF $9,107,269.96.
PAGE 44                           CITY COUNCIL MINUTES               DECEMBER 12, 2005


       Councilmember Sandifer, seconded by Councilmember Kuhn, moved to approve the
       semi-monthly claim for December 12, 2005, in the amount of $9,107,269.96. The
       motion carried 8-0.

26.    MISCELLANEOUS COUNCIL ITEMS.

       There were no miscellaneous Council items.

ADJOURNMENT

Councilmember Sandifer, seconded by Councilmember Novosel, moved to adjourn. The motion
carried 8-0, and the meeting adjourned at 10:02 p.m.

Minutes prepared by: Cindy Terrell, Recording Secretary

APPROVED BY:




_________________________________
Carol Gonzales, Deputy City Manager

				
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