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					                                    CITY OF SHAWNEE
                                 CITY COUNCIL MEETING
                                        MINUTES
                                     MARCH 25, 2002
                                         7:30 P.M.

Mayor Allen called the meeting to order at 7:30 p.m. in the Shawnee City Hall Council Chambers.
He welcomed the public and all stood and recited the Pledge of Allegiance, followed by a moment
of silence.

     Councilmembers Present     Staff Present
     Councilmember Segale       City Manager Montague
     Councilmember Sawyer       City Attorney Rainey
     Councilmember Goode        Assistant City Manager Gonzales
     Councilmember Meyers       Public Works Director Freyermuth
     Councilmember Thomas       Finance Director Meyer
     Councilmember Boettcher    Planning Director Chaffee
                                Parks & Recreation Director Holman
     Councilmembers Absent      Police Chief Clark
     Councilmember Carlson      Fire Chief Hudson
     Councilmember McGuff       City Engineer Wesselschmidt
                                Project Engineer Lindstrom
                                Traffic Engineer Sherfy

Members of the public who spoke were: Item 12 - JOHN HOUSE, 6528 Melrose Lane, JON
HOWARD, 6528 Melrose Lane, BOB GAINER, 6522 Melrose, TOM PENNER, 6516 Melrose
Lane, LINDA GAINER, 6522 Melrose; Item 13 - ALLAN HAGGE, Westar Energy; Item 15c -
MARK ARLING, Kaw Valley Engineering, 14700 W. 114th Terrace, Lenexa, BILL MASSEN,
Planning and Development Manager, Johnson County Parks and Recreation, 7900 Renner Road,
MICHAEL MEADORS, Director of Johnson County Parks and Recreation, 7900 Renner Road,
BILL DARMSTEADER, St. Louis, Missouri, Attorney for the applicant; Item 16d - NORMAN
ZIPP, 11920 W. 55th Street; Business from the floor - DAVID MORRIS, 6125 Melrose Lane.

CONSENT AGENDA

1.       APPROVE MINUTES FROM THE CITY COUNCIL MEETING OF FEBRUARY 25,
         2002.

2.       APPROVE MINUTES FROM THE SPECIAL CITY COUNCIL MEETING OF
         MARCH 5, 2002.

3.       REVIEW MINUTES FROM THE PLANNING COMMISSION MEETING OF
         FEBRUARY 20, 2002.

4.       REVIEW MINUTES FROM THE PLANNING COMMISSION MEETING OF
         MARCH 4, 2002.

5.       REVIEW MINUTES FROM THE PUBLIC WORKS AND SAFETY COMMITTEE
         MEETING OF MARCH 19, 2002.
PAGE 2                                CITY COUNCIL MINUTES                          MARCH 25, 2002



6.       REVIEW MINUTES FROM THE PARKS AND RECREATION ADVISORY
         BOARD MEETING OF FEBRUARY 7, 2002.

7.       CONSIDER CHANGE ORDER NO. 3 FOR                                   THE      63RD     STREET
         RECONSTRUCTION, RENE TO LACKMAN, P.N. 3253.

         The contract was awarded to Blacktop Paving & Construction, Eudora, Kansas, on
         December 11, 2000, in the amount of $1,334,942.22. This change order reflects a net
         increase of $22,456. The new contract amount for this project is $1,442,174.15.

8.       CONSIDER CHANGE ORDER NO. 2 FOR THE WILDER ROAD BRIDGE OVER
         HAYS CREEK, P.N. 3252.

         This request from the Kansas Department of Transportation (KDOT) represents an
         additional cost for modification to reinforcing steel within the bridge pier caps and some
         additional charge for cold weather curing of the bridge deck. This change order reflects a
         net increase of $9,364.31. These are participating items; therefore the City’s share will be
         20% or $1,872.86.

9.       CONSIDER CHANGE ORDER NO. 1 FOR SHAWNEE MISSION PARKWAY,
         PHASE II, JAYCEE TO HALSEY, P.N. 3185.

         This request from the Kansas Department of Transportation (KDOT) represents a deduct for
         using AB-3 rock as a sub-base in lieu of proposed fly ash. The second change represents the
         addition of concrete dowel assemblies within the full depth concrete at the intersection of
         Quivira, which were inadvertently left out of the plans. The last item represents additional
         temporary striping and traffic control, not included in the plans but necessary for this
         project. This change order reflects a total increase of $40,726.16. The federal funding will
         be depleted by the original construction contract; therefore, the City will be responsible for
         100% of all change orders. The original construction contract is $3,777,976.90 and the
         revised contract is $3,818,703.06.

10.      CONSIDER CHANGE ORDER NO. 1 FOR THE WOODLAND DRIVE
         RECONSTRUCTION, 47TH STREET TO SHAWNEE MISSION PARKWAY, P.N.
         3254.

         The contract was awarded to Miles Excavating, Inc., Basehor, Kansas, on May 24, 2001, in
         the amount of $7,250,038.71. This change order reflects a net increase of $143,713.55. The
         new contract amount for this project is $7,393,752.26.

11.      CONSIDER STREET LIGHT PETITION REQUEST                               FOR      GLADSTONE
         BETWEEN LAWRENCE ROAD AND SONORA.

         This Street Light Petition is for the installation of two additional street lights along the
         southerly side of Gladstone between Lawrence Road and Sonora. The annual lease rate for
         this light will be $268.56.
MARCH 25, 2002                     CITY COUNCIL MINUTES                                 PAGE 3

Councilmember Boettcher, seconded by Councilmember Sawyer, moved to approve the entire
consent agenda. The motion carried 6-0.

MAYOR’S ITEMS

There were no Mayor items.

PUBLIC ITEMS

12.   CONSIDER PET PERMIT APPLICATION FROM JOHN HOUSE AND JON
      HOWARD, 6528 MELROSE LANE.

      Assistant City Manager Gonzales stated the issue that brought this pet permit to Council was
      there were four people who requested that the permit be denied.

      JOHN HOUSE, 6528 Melrose Lane, stated the complaint on September 4, 2001 says that an
      anonymous phone call was received about the dogs and two additional complaints were
      received on that same date, then he and his roommate were issued a warning. He noted that
      they moved in at the end of August so September 4, 2001 was the first weekend they were at
      their residence. They feel the complaint was addressed for other animals in the
      neighborhood. At that time, they had a chain linked fence and did not let the dogs out
      unsupervised because the dogs would jump over the fence and there was no other way of
      restraining the dogs. He mentioned that the second complaint was a citation that was mailed
      for failure to license his dog. He indicated that the dogs were his roommate’s and he and his
      roommate were trying to get appropriate identification in order to obtain the license. The
      third complaint says he and his roommate were issued a warning for failure to get the pet
      permit and at that time they were going around the neighborhood to get signatures.

      Councilmember Boettcher asked if these are full grown dogs.

      JOHN HOUSE stated the beagle is 10 years old, two of the huskies are 2 years old, one
      husky is 3 years old, and one husky is 10 years old.

      Councilmember Boettcher asked when the dogs were acquired.

      JOHN HOUSE stated two years ago was the most recent one.

      Councilmember Thomas asked where Mr. House and Mr. Howard lived before they moved
      to Shawnee.

      JON HOWARD, 6528 Melrose Lane, stated they lived in Manhattan, Kansas.

      Councilmember Thomas asked if there was a dog ordinance in Manhattan, Kansas.

      JON HOWARD answered yes, for five dogs.

      Councilmember Thomas asked if they checked when they moved to Shawnee.
PAGE 4                                CITY COUNCIL MINUTES                         MARCH 25, 2002

         JOHN HOUSE stated they knew there was an ordinance, but they were not sure what it was
         exactly when they moved to Shawnee.

         JON HOWARD stated they met the requirements on the amount of property and built a six
         foot fence so the dogs would be contained. He said the dogs generally do not make any
         noise.

         Councilmember Segale asked if the people who disapproved said anything specific when
         Mr. House and Mr. Howard were out getting signatures for the petition.

         JON HOWARD stated their next door neighbor was concerned about the smell come
         summertime, and noted that they intended on maintaining their yard.

         Councilmember Segale asked if the dogs are kept outside when they are not there.

         JON HOWARD answered during the day the dogs are kept outside, but they have a
         roommate that is home during the day so he takes care of them if they make noise. The only
         time the dogs really make noise is when the sirens go off and the dogs in the whole
         neighborhood go off.

         Councilmember Meyers asked how the first warning they received was delievered.

         JOHN HOUSE stated he heard about the complaint from his roommate.

         Councilmember Meyers asked if CSO Thompson was available.

         Assistant City Manager Gonzales stated she was not sure exactly how CSO Thompson gives
         out written warnings. She said that he did have a written record of it in his office.

         Councilmember Meyers stated for his knowledge he thought that it would be helpful in the
         future if they understand how some of these things are done.

         Councilmember Segale asked if staff had a recommendation.

         Assistant City Manager Gonzales stated CSO Thompson recommended disapproval.

         Councilmember Segale stated the complaints are something the applicant needs to work on
         with their neighbors.

         Councilmember Segale, moved to approve a pet permit to keep five (5) dogs: one Beagle
         mix and four Malamute Huskies, for John House and Jon Howard, 6528 Melrose Lane.

         BOB GAINER, 6522 Melrose, stated these are good sized dogs. He said he likes dogs, but
         if the dogs are outside he has put up with the dogs barking 1-1/2 hours at a time non-stop
         and every time a siren goes off they howl until the sirens stop. He indicated the applicant’s
         backyard is more than half straw currently. He said when it starts to warm up there will be a
         smell and he mentioned that his bedroom window is 12 feet away from the applicant’s
         privacy fence. He said he could not see any reason to have this amount of dogs. He
MARCH 25, 2002                     CITY COUNCIL MINUTES                                    PAGE 5

      indicated that there are six dogs there most of the time and the applicants have friends come
      by with a dog or two the same size and those dogs are outside also. He mentioned that he
      has lived there for 46 years and he knows which dogs are barking in the neighborhood.
      These dogs bark just about every day, they are big dogs, there are a minimum of six dogs,
      and sometimes more. He stated he gets up at 4:30 a.m. and asked Council how would they
      like having dogs barking 12 feet from their bedroom window.

      Councilmember Segale stated when they discussed this with the applicant they indicated the
      issue was with the fence.

      BOB GAINER stated barking is an issue.

      TOM PENNER, 6516 Melrose Lane, stated when the applicants came to him with the
      petition they told him that they each had two dogs and a brother sometimes brought a dog
      and stayed there. He said he did not realize there would be five to six dogs there at all times.
      He indicated that he has heard the dogs barking on occasion and it is non-stop.

      Councilmember Thomas asked if he was withdrawing his approval for the pet permit.

      TOM PENNER answered yes.

      JON HOWARD stated they do not keep more than five dogs there, but they do have friends
      that bring their dogs over for a couple of hours. He said during the day, three of the dogs are
      outside while they are working and the two older dogs stay inside. They have a roommate
      that is there during the day that lets the dogs in and out. In the evenings they bring the dogs
      inside. He mentioned that huskies are less prone to bark. A lot of people on their street
      have two dogs so when one dog barks, he did not see how they could distinguish between
      their dogs and the neighbors’ dogs. He indicated that they have straw in their yard to keep
      the mud down in their house.

      Councilmember Segale asked if Mr. Gainer had ever mentioned that the dogs barking
      bothered him.

      JON HOWARD answered no.

      Councilmember Segale asked if the dogs are outside at night.

      JON HOWARD answered only when they need to go to the restroom. He mentioned that
      three of the dogs are outside right now because no one is at the house.

      Councilmember Segale asked if the dogs would be outside at 4:00 a.m.

      JON HOWARD answered no.

      Councilmember Segale asked if the dogs are inside at night.

      JON HOWARD answered yes.
PAGE 6                                CITY COUNCIL MINUTES                           MARCH 25, 2002

         Councilmember Goode asked how people could hear their dogs barking if the dogs are
         inside at night.

         JON HOWARD stated he knew it was not their dogs because they are kept inside. He
         indicated that they have a six-foot privacy fence and the dogs can not be seen.

         Councilmember Meyers stated the City has this type of ordinance because of complaints
         about barking from neighbors.

         LINDA GAINER, 6522 Melrose, clarified that the barking was not at 4:00 a.m., it occurred
         at 2:00 a.m., and if they checked the City records, they had called the police to come out.
         She said we can not live this way and get up and make a living. She indicated that the
         applicants took her chain-linked fence down without her or her husband’s knowledge. She
         and her husband found their fence rolled up in their backyard. She said they can not survive
         with that many dogs next door to them.

         Due to a lack of a second to the motion, Councilmember Meyers, seconded by
         Councilmember Boettcher, moved to deny the pet permit to keep five (5) dogs: one Beagle
         mix and four Malamute Huskies, for John House and Jon Howard, 6528 Melrose Lane. The
         motion carried 6-0.

13.      CONSIDER AN ORDINANCE PERTAINING TO A FRANCHISE GRANTED TO
         WESTERN RESOURCES, INC., FORMERLY THE KANSAS POWER & LIGHT
         COMPANY, FOR THE USE OF PUBLIC RIGHT-OF-WAY WITHIN THE CITY
         FOR THE PLACING AND MAINTAINING OF LINES AND FACILITIES FOR
         THE SALE AND DISTRIBUTION OF ELECTRICITY TO CUSTOMERS WITHIN
         THE CITY AND AMENDING SECTION 2 OF ORDINANCE NO. 1996 AND
         REPEALING ORDINANCE NO. 2332.

         Mayor Allen stated that the Ordinance would increase the franchise fee from 3% to 5% of
         the revenue from nonresidential customers commencing June 3, 2002. The Kansas Power
         and Light franchise, which serves the majority of Shawnee, was revised last year. This
         amendment would make all areas of Shawnee subject to the same fees.

         Assistant City Manager Gonzales read the third of three readings of the ordinance as
         required.

         Mayor Allen stated that the City Attorney advised that they need a roll call vote on this item.
         He clarified that it was the Kansas City Power and Light franchise that was revised last year.

         Councilmember Boettcher asked what other cities around here charge 5%.

         Mayor Allen stated this would be for non-residential, for commercial customers. He said
         the majority of cities in Johnson County charge 5% or more. In the state of Kansas,
         Shawnee is the only City that charges 0% franchise fee for power, light and gas for
         residential. He indicated with this ordinance there will be the same franchise fee for Kansas
         City Power and Light and Kansas Power and Light. There are two different light companies
         that operate within the City and they want both of them to pay the same franchise fee.
MARCH 25, 2002                     CITY COUNCIL MINUTES                                   PAGE 7



      ALLAN HAGGE, Westar Energy, stated in dealing with numerous cities, the franchise fee
      does range between 3% to 5%, but in dealing with electricity, they really don’t go to 5%.

      Councilmember Segale, seconded by Councilmember Thomas, moved to pass an ordinance
      pertaining to a franchise granted to Western Resources, Inc., formerly the Kansas Power &
      Light Company, for the use of public right-of-way within the City of Shawnee for the
      placing and maintaining of lines and facilities for the sale and distribution of electricity to
      customers within the City and amending Section 2 of Ordinance 1996 and Repealing
      Ordinance No. 2332. The motion carried 6-0, with Councilmembers Segale, Sawyer,
      Goode, Meyers, Thomas, and Boettcher voting aye. Having passed, Ordinance 2605 was
      assigned.

      City Attorney Rainey stated it occurs to him that this is somewhat of an historical occasion
      because for the last 80 years in Kansas, franchise ordinances have been read three times at
      three different meetings. This is probably the last time they will have the privilege of
      hearing someone read a franchise ordinance because legislation that is expected to pass and
      to be signed by the Governor taking effect July 1, 2002, will eliminate the necessity for the
      reading of the ordinances.

14.   CONSIDER THE FOLLOWING ITEMS FROM THE PLANNING COMMISSION
      MEETING OF FEBRUARY 20, 2002.

      a)     Consider Z-3-02-02, request to rezone from PD (Planned Development) to R-1
             (Single Family Residential) for St. Joseph Catholic Church to construct an education
             center at the southwest corner of Johnson Drive and Flint.

             Mayor Allen stated that the Planning Commission recommended 8-0 that the Council
             approve rezoning Z-3-02-02.

             Planning Director Chaffee reviewed the March 25, 2002 staff report.

             Councilmember Segale stated this is the building right next to the drainage area that
             they discussed before. He asked if they would be enclosing that drainage area as part
             of this project.

             Planning Director Chaffee stated some of it may end up being enclosed. He said
             quite a bit is open and they received a variance from the Council to leave it open.

             Councilmember Segale stated on the diagram it looks enclosed.

             City Engineer Wesselschmidt stated the plan for the majority of it would be open.
             He said it would be enclosed in order to incorporate a new driveway and there would
             need to be some type of bridge for the pedestrian walkway. Presently, they are
             working on a CDBG project that they are looking at different types of an open
             channel. With that CDBG project, the Study and Report phase would include the
             study up into this area and they anticipated that they would do a portion as a SMAC
             project. He indicated that more than likely it will be open because of requirements
PAGE 8                         CITY COUNCIL MINUTES                          MARCH 25, 2002

         that are being placed on the City by the Corp of Engineers and various other State
         agencies.

         Councilmember Segale stated he thought the parking was going to be in the area to
         the south. He asked if it was moved to the other side of the road or would it be in the
         same place.

         Planning Director Chaffee stated it is in the same place.

         Councilmember Segale stated they are going to cul-de-sac the road that currently
         goes up to the school and build a new road. He asked if there is enough clearance for
         them to work on a SMAC project there if they had to do a lot of rework on that ditch
         next to the future school building.

         City Engineer Wesselschmidt stated they don’t know exactly what they will be doing
         there. It would certainly be a fairly tight construction project.

         Councilmember Segale stated this is the building that the church has signed a letter
         recognizing that they are building within what the City would not normally allow.

         City Engineer Wesselschmidt stated that was the issue. It was a variance from a
         setback from an open channel. They would not have that issue if this was an
         enclosed channel.

         Councilmember Thomas stated it is a little confusing because there are lots of plans
         included in this report. She asked if the Council would only be voting on the zoning.

         Planning Director Chaffee stated Council would be voting on the zoning of the
         property.

         Councilmember Thomas stated page 38 of the staff report states: The applicant
         should consider building the proposed entrance on Flint Avenue with three lanes (40
         feet wide) because of the proximity of the drive aisle for the future parking lot to the
         entrance. Although this drive aisle complies with City standards, the proposed
         future driveway approach on 59th Street is too close to Flint Avenue. She asked if
         they have agreed to that condition.

         Planning Director Chaffee stated it is something they will have to take into
         consideration with Engineering prior to issuance of the building permit.

         Councilmember Thomas stated she really appreciates that staff is looking ahead
         comprehensively when people submit plans. She said page 39 of the staff report
         states: An approach will be paved with a minimum thickness of 6 inches of concrete
         or 8 inches of asphalt. She indicated that the report says the parking lot receives
         heavy traffic or heavy use. The City required that West Glen put in 12 inches of
         concrete even thought the minimum is 6 inches of concrete. She asked how the City
         decides those issues.
MARCH 25, 2002                     CITY COUNCIL MINUTES                                   PAGE 9

             City Engineer Wesselschmidt stated the item she read was talking about the
             approach which is the driveway coming off the street and is the part that is in the
             right-of-way. That is the only area the City dictates, otherwise, once inside the
             parking lot, on private property, it is up to the owner. He said it has to be a paved
             parking lot according to City standards.

             Councilmember Thomas stated on page 40 the staff report states: Portions of the
             proposed stabilized banks of the open channel appear to be too steep. She asked
             what is going to happen with that.

             Planning Director Chaffee stated prior to the applicant being able to build his facility
             these are items they have to submit to the Engineering Division to have approvals. A
             lot of these items are notices to the developer that given the plan they have turned in,
             these are the situations that exist that are going to need to be remedied prior to
             approval of final plans.

             Councilmember Thomas asked when the City will get the variance in writing or the
             agreement from the Church in writing.

             Planning Director Chaffee answered prior to issuance of a building permit.

             Councilmember Goode assured them that the applicant was going to do this project
             right.

             Councilmember Goode, seconded by Councilmember Meyers, moved to pass an
             ordinance for Z-3-02-02, a request to rezone from PD (Planned Development) to R-1
             (Single Family Residential) for St. Joseph Catholic Church to construct an education
             center at the southwest corner of Johnson Drive and Flint, subject to the Planning
             Commission’s recommendations listed in the March 25, 2002 staff report. The
             motion carried 6-0. Having passed, Ordinance 2606 was assigned.

      b)     Consider SUP-3-02-02, request for a special use permit to allow the Sunshine
             Preschool, a preprimary school, in the CN (Commercial Neighborhood) at 12618
             West 62nd Terrace.

             Mayor Allen stated that the Planning Commission recommended 8-0 that the Council
             approve SUP-3-02-02.

             Councilmember Thomas stated it said in the report that because sessions are only
             four hours long that they do not have to have an outdoor recreational area.

             Planning Director Chaffee stated in this case, the children are only going to be there
             for 2-1/2 hours.

             Councilmember Thomas asked if the children would be there Fridays all day for
             Mother’s Day Out.

             Planning Director Chaffee stated they would still be in the 2-12 hour session periods.
PAGE 10                         CITY COUNCIL MINUTES                        MARCH 25, 2002



           Councilmember Goode, seconded by Councilmember Boettcher, moved to approve
           SUP-3-02-02, special use permit to allow the Sunshine Preschool, a preprimary
           school, in the CN (Commercial Neighborhood) at 12618 West 62nd Terrace, subject
           to the Planning Commission’s recommendations listed in the March 25, 2002 staff
           report. The motion carried 6-0.

15.   CONSIDER THE FOLLOWING ITEMS FROM THE PLANNING COMMISSION
      MEETING OF MARCH 4, 2002.

      a)   Consider FP-7-02-03, the final plat for Symphony at Monticello for 34 single-family
           lots in the 21800 block of 56th Street.

           Mayor Allen stated that the Planning Commission recommended 7-0 that the Council
           accept the dedications on FP-7-02-03.

           Planning Director Chaffee reviewed the March 25, 2002 staff report.

           Councilmember Goode, seconded by Councilmember Sawyer, moved to approve FP-
           7-02-03, the final plat for Symphony at Monticello for 34 single-family lots in the
           21800 block of 56th Street, subject to the Planning Commission’s recommendations
           listed in the March 25, 2002 staff report. The motion carried 6-0.

      b)   Consider PUD-3-02-03, a planned unit development to rezone from PMR (Planned
           Mixed Residential) to PMR (Planned Mixed Residential) for Town and Country
           Villas of Shawnee, 3rd Plat, at 71st Street and Meadowsweet Lane.

           Mayor Allen stated that the Planning Commission recommended 7-0 that the Council
           approve PUD-3-02-03.

           Councilmember Segale, seconded by Councilmember Goode, moved to pass an
           ordinance for PUD-3-02-03, a planned unit development for Town and Country
           Villas of Shawnee, 3rd Plat, to rezone from PMR (Planned Mixed Residential) to
           PMR (Planned Mixed Residential) for Town and Country Villas of Shawnee, 3 rd
           Plat, at 71st Street and Meadowsweet Lane, subject to the Planning Commission’s
           recommendations listed in the March 25, 2002 staff report. The motion carried 6-0.
           Having passed, Ordinance 2607 was assigned.

      c)   Consider PUD-4-02-03, a planned unit development to rezone from AG
           (Agricultural) to PMR (Planned Mixed Residential) for Mill Creek Apartments, in
           the 7400 block of Renner Road.

           Mayor Allen stated that the Planning Commission recommended 7-0 that the Council
           approve PUD-4-02-03.

           Mayor Allen stated the Governing Body has been contacted by the Johnson County
           Park and Recreation on the adjacent Shawnee Mission Park.
MARCH 25, 2002                    CITY COUNCIL MINUTES                                  PAGE 11

             Planning Director Chaffee reviewed the March 25, 2002 staff report.

             Councilmember Segale asked if this would take away all the houses that are up there.

             Planning Director Chaffee stated there is one house on the site that will be removed.

             Councilmember Segale asked if the only thing that will be on what was Renner Road
             is this project.

             Planning Director Chaffee answered correct.

             Councilmember Segale asked if one road into this project is sufficient.

             Planning Director Chaffee stated regardless of any type of development that occurs,
             that is all that can be provided, which is the reason the City’s emergency services
             and the Engineering Division recommended that it be a divided entrance.

             Councilmember Segale referred to the Johnson County Park and Recreation letter
             and said that Planning Director Chaffee indicated that a retaining wall is not a
             structure, but their interpretation was that a retaining wall is a structure. He said
             everything else is 30 feet or more set-back. He asked if the par 3 hole of the golf
             course is what will border this.

             Planning Director Chaffee stated it appears from scaling of the aerial photographs
             that from the property line to the eastern edge of the golf cart path is somewhere
             between 35 to 40 feet.

             Councilmember Thomas asked who pays if the golf balls hit windows.

             Planning Director Chaffee answered the Apartment Complex will indemnify the
             Park District. The Apartment Complex pays, they will not be suing the Park District
             for that if it should happen.

             Councilmember Thomas asked if that would be in perpetuity.

             Planning Director Chaffee answered yes. That is one of the conditions of approval.

             Councilmember Thomas asked about the apartment’s location.

             Planning Director Chaffee stated the reason the apartments are where they are is they
             have a big ravine that runs through a portion of the site. To develop that western
             portion, they would need to have the building over that far. This developer is not
             required to make up for any nonconformity that may exist on an adjoining person’s
             property.

             Councilmember Thomas asked if Planning Director Chaffee is satisfied that this is a
             good plan.
PAGE 12                         CITY COUNCIL MINUTES                            MARCH 25, 2002

          Planning Director Chaffee answered he thought it was a decent plan. He said a lot of
          the area was left open and they have 40 feet between buildings which they generally
          don’t see. He mentioned that it is a very difficult site to develop.

          Councilmember Sawyer asked about the 21 foot high retaining wall. He asked if the
          City would make sure the applicant puts it in properly.

          Planning Director Chaffee stated at its highest point the wall is 21 feet on the west
          side of the project. He said at the Planning Commission meeting the engineer
          described how the wall would be constructed with different backfill and the materials
          than the one developed at Home Depot.

          MARK ARLING, Kaw Valley Engineering, 14700 W. 114th Terrace, Lenexa, stated
          he is there on the applicant’s behalf.

          BILL MASSEN, Planning and Development Manager, Johnson County Parks and
          Recreation, 7900 Renner Road, stated they are not antidevelopment. They are pro-
          development and think that even though this site is difficult, it presents problems to
          them as an adjacent landowner. He said one of the baseline argument points they
          have made is a retaining wall would be considered a structure according to the
          definition in the code book. At one point near the T-box the property line is within
          20 feet of the T-box, it is a par 3, but it is also a par 3 for a public golf course not a
          private golf course. That is why they asked for the indemnification and the
          developer graciously granted that.

          Councilmember Segale asked if Mr. Massen could indicate on the map where the
          trees are. He asked if they were saying there would be no trees along the cart path.

          BILL MASSEN answered there will be a few trees along the cart path, but up near
          the green all the trees within 30 feet of the cart path will be gone.

          Councilmember Segale asked where the retaining wall is going to be.

          BILL MASSEN answered it is going to be within 6 feet of the property line at the
          very corner it will be 21 feet high with a 6 foot fence on top of it. At the south end it
          dwindles down to a 3 foot retaining wall.

          MICHAEL MEADORS, Director of Johnson County Parks and Recreation, 7900
          Renner Road, stated their role is to be proper stewards of their resources. He said
          they measured and it is 13-1/2 feet from the tree line to the property line. They
          believe that the retaining wall, that is 1200 feet, 21 foot tall, and reduces down to 3-4
          feet at the north end, is a structure.

          Mayor Allen stated the City of Shawnee’s definition of a structure is something built
          above ground that is actually a building.

          Planning Director Chaffee stated there are several instances in planned single family
          zoning district where the City has retaining walls.
MARCH 25, 2002                     CITY COUNCIL MINUTES                                  PAGE 13



             MICHAEL MEADORS pointed out that with 4-5 feet of controlled fill behind the 6-
             1/2 feet offset, in reality it is almost clear back to the property line. All trees that
             exist either on or just inside the District’s property will die in a few years and the
             trees currently serve as a buffer. He said to allow the development as intended is
             why he thinks it is so delicate for them to appear before Council. He indicated they
             are not asking that Council not approve the zoning, only if the zoning that the City is
             allowing would allow them to proceed in developing a compromising site has it even
             been somewhat misleading to the potential developer who has to at their own
             admission develop the entire site to meet their performa. He said they just ask
             Council to be aware of those concerns and pointed out that there is an issue of the
             landscape plan that was promised to be made available.

             Councilmember Boettcher asked Mr. Meadors to share what the problem is in one
             sentence.

             MICHAEL MEADORS stated they believe that the proximity of the apartments, a 30
             foot setback, is not sufficient to provide safe dwelling regardless of the
             indemnification.

             Councilmember Boettcher asked if the dwelling units would be too close to the
             potential trajectory of public golfers.

             MICHAEL MEADORS replied yes, too close to provide an appropriate buffer
             between existing uses, golf course and park, and a 3-story apartment complex.

             Councilmember Segale asked what the setback requirement for apartments is.

             Planning Director Chaffee answered a peripheral boundary of 30 feet on apartments.

             Councilmember Segale asked about the buffering.

             Planning Director Chaffee answered the minimum would also be 30 feet. He said
             however, if it was zoned R-1, a traditional Single Family Residential district,
             someone could put any other structure in their backyard. With Planned Mixed
             Residential there would not be decks or outbuildings extending in that area.

             Councilmember Segale stated with the exception of the fence there really is not
             going to be a buffer between the golf course and the apartments.

             Planning Director Chaffee stated eventually there will be trees. He said the applicant
             said they are willing to work with the Johnson County Parks & Recreation regarding
             landscaping.

             Councilmember Segale asked if Johnson County did not want the applicant to have
             access to the parks property when they are building their wall.
PAGE 14                         CITY COUNCIL MINUTES                           MARCH 25, 2002

          MICHAEL MEADORS stated originally the request was for the retaining wall to be
          built on the property line. With control fill on the backside there would be
          construction on the golf course.

          Councilmember Segale stated he understood the parameters they had to work within
          between the ravine and the buildings. He asked what kinds of things can be done to
          preserve more of the trees.

          BILL DARMSTEADER, St. Louis, Missouri, Attorney for the applicant, stated this
          is a $30 million project. It is not the easiest site in the world. The advantage of the
          site is the view and visibility the apartments will have from the interstate. In order to
          make the site workable, 130,000 yards of dirt has to be trucked in. He said every
          time they move that wall further away from the property line, that number goes up.

          Councilmember Segale asked what the applicant would be willing to do regarding
          trees.

          BILL DARMSTEADER stated on the property line itself they will build a 6-foot
          solid wood fence. He indicated they could plant some trees on the other side of the
          fence, but that offer was not received with open arms by the Parks District. He said
          they would not make a $30 million project look ugly.

          Councilmember Segale asked if the applicant is willing to put trees on Johnson
          County Parks and Recreation’s property.

          MICHAEL MEADORS stated he is not sure that there is room to replace that kind of
          buffer throughout there. He said they would evaluate that if that is provided in the
          revised plans the applicant submitted.

          BILL DARMSTEADER stated there are some economic possibilities here but they
          are almost at wits end on the earth moving and making the site buildable. There is a
          significant purchase price on the property to begin with.

          Councilmember Thomas asked if Johnson County Parks and Recreation would be
          willing to buy the strip of property if they want to save the trees.

          MICHAEL MEADORS stated he could not speak for the Board but he thought they
          would entertain the opportunity to work with the applicant.

          BILL DARMSTEADER stated every foot they move the retaining wall to the east,
          away from the park, is going to cost about $100,000. He said that they would not be
          willing to spend that kind of money, that would be $3 million. He indicated that
          almost all the cost of the development is at that end because that is where they have
          to truck all the dirt in, the dirt is level throughout the rest of the project.

          Councilmember Goode, seconded by Councilmember Boettcher, moved to pass an
          ordinance for PUD-4-02-03, a planned unit development to rezone from AG
          (Agricultural) to PMR (Planned Mixed Residential) for Mill Creek Apartments, in
MARCH 25, 2002                     CITY COUNCIL MINUTES                                 PAGE 15

              the 7400 block of Renner Road, subject to the Planning Commission’s
              recommendations listed in the March 25, 2002 staff report. The motion carried 6-0.
              Having passed, Ordinance 2608 was assigned.

COUNCIL ITEMS

16.    CONSIDER THE FOLLOWING ITEMS FROM THE PUBLIC WORKS AND
       SAFETY COMMITTEE MEETING OF MARCH 19, 2002.

       a)     Consider Preliminary Engineering Study of the Johnson Drive and Woodsonia traffic
              signal improvements, P.N. 3281.

              Chairperson Thomas stated that the intersection is currently a T-intersection with a
              high volume of school pedestrians crossing the five lanes of Johnson Drive during
              the peak hours.

              Councilmember Thomas, seconded by Councilmember Meyers, moved to approve
              the preliminary engineering study prepared by George Butler Associates for the
              installation of a warranted traffic signal at Johnson Drive and Woodsonia, P.N. 3281,
              and direct staff to proceed with preliminary plans. The motion carried 6-0.

Councilmember Boettcher left the meeting at 8:49 p.m.

       b)     Consider whether to proceed with SMAC projects.

              Chairperson Thomas stated that the Committee recommended 4-0 that Council
              decline SMAC project funding at this time for 50th Street/50th Terrace and 51st and
              Ballentine.

              Councilmember Thomas, seconded by Councilmember Segale, moved to decline
              SMAC project funding at this time for 50th Street/50th Terrace and 51st and
              Ballentine. The motion carried 5-0.

       c)     Consider Engineering Study and Report for Design for the improvements to 55th
              Street, from Rosehill Road to Quivira Road, P.N. 3286.

              Chairperson Thomas stated that the project is to include complete removal and
              replacement of pavement, widening, curb and sidewalk, storm sewer facilities, bike
              lanes, streetlights and pavement markings. She indicated that staff had met with the
              residents.

              Councilmember Thomas, seconded by Councilmember Segale, moved to approve an
              engineering study and report submitted by Shafer, Kline and Warren, for design for
              the improvements to 55th Street, from Rosehill Road to Quivira Road, P.N. 3286, and
              direct staff to proceed with preliminary plans, with an estimated construction cost of
              $1,200,000, and the estimated total project costs at $1,800,000, to be funded entirely
              by the City at Large. The motion carried 5-0.
PAGE 16                            CITY COUNCIL MINUTES                           MARCH 25, 2002

Councilmember Boettcher returned to the meeting at 8:52 p.m.

       d)     Consider revisions to Policy Statement PS-24 – Utility Junction Boxes.

              Chairperson Thomas stated that the Committee recommended 4-0 that Council
              approve revisions to Policy Statement 24 (PS-24).

              Councilmember Segale asked if the City had any control of the color of those boxes.

              Public Works Director Freyermuth stated there are no code requirements that the
              City has on the color. He understood that Everest would be putting in green boxes.

              Mayor Allen stated that may be something to look at in the future so the City has
              some type of consistency.

              NORMAN ZIPP, 11920 W. 55th Street, stated the box that is at the end of his
              driveway is silver and the size of a refrigerator. He said it blocks their view while
              trying to back out of their driveway. He said a green color would match the yard and
              he preferred a smaller box.

              City Attorney Rainey asked if it is a Southwestern Bell box.

              NORMAN ZIPP answered he believed it is a box from AT&T.

              Councilmember Sawyer stated the boxes that Everest put in Lenexa are a beige
              color.

              Public Works Director Freyermuth stated some of their smaller boxes might be. He
              said staff could check to see if there would be a possibility to keep them a consistent
              color.

              NORMAN ZIPP thanked Council for the project on 55th Street.

              City Attorney Rainey stated the City has arguments ongoing right now with the State
              Legislature about the City’s control in regulation of right-of-way. He said they had
              that several years ago. He mentioned that the City sued AT&T saying they had to
              have a franchise from the City before they could go in there. The Court decided
              under the State Statutes that the City could not even require a franchise of them so
              they did not have to negotiate with the City. With Everest, the City can do a little
              more, with Southwestern Bell the City can do some, and they will investigate
              whether there is anything more the City can do with AT&T. He indicated that he
              mentioned that for the reality of this argument today that some have with the State
              Legislature over taking away the ability or control of cities to regulate what happens
              in city public right-of-ways. It is an issue that is very much before the Legislature
              who do not pay too much attention to the cities, they pay more attention to the
              industry representatives and lobbyists.
MARCH 25, 2002                       CITY COUNCIL MINUTES                                   PAGE 17

               Councilmember Thomas stated her preference would be seafoam green for the
               uniform color of the boxes.

               Councilmember Thomas, seconded by Councilmember Goode, moved to approve
               revisions to Policy Statement 24 (PS-24) Utility Junction Boxes, which will allow
               flexibility in locating utilities in the front yard if the existing facilities are in the
               front, in existing neighborhoods, and directing staff to independently pursue any
               possibilities of a uniform color. The motion carried 6-0.

BUSINESS FROM THE FLOOR

DAVID MORRIS, 6125 Melrose Lane, stated he noticed at the corner of 65th Street and Quivira,
where the new construction is, the barricades break off to one lane then stop right at 65th Street and
Quivira. Coming over the hill northbound on Quivira toward 65th Street there is a drop-off there.
He has seen numerous cars just about run into each other because of that abruptness. He indicated
coming to 65th Street just completely blocks that lane off. There is no real area for a person to ramp
off.

City Engineer Wesselschmidt stated there is advance signage that says “right lane ends, merge to
the left”. He said that staff could look at additional signage if drivers are not seeing the existing
signs.

STAFF ITEMS

17.    CONSIDER APPROVAL OF A PROPOSAL FOR THE DESIGN OF FLASHING
       SCHOOL BEACONS AT TWO LOCATIONS.

       Councilmember Segale, seconded by Councilmember Meyers, moved to approve the
       proposal from Shafer, Kline & Warren in the amount of $4,185, for the design of flashing
       school beacons at two locations in Shawnee: (1) Maranatha Academy, for two new flashing
       beacons on northbound and southbound Lackman Road between Shawnee Mission Parkway
       and Midland Drive; and (2) Sacred Heart School, for one relocated flashing beacon on
       southbound Monticello Road south of Johnson Drive. The motion carried 6-0.

18.    CONSIDER BIDS FOR TRAFFIC SIGNAL MATERIALS.

       Mayor Allen stated that bids were received on March 5, 2002, for traffic signal materials.
       The bid was broken down into 12 separate classes of items.

       Councilmember Segale, seconded by Councilmember Goode, moved to award the bid for
       items A, C, D, E, F, I, J, K and L to Mid American Signal, Kansas City, Kansas, in the
       amount of $16,308.78 for the first order and $54,982.91 for the total 2002 bid; and award
       the bid for items B, G and H to Gades Sales, Wichita, Kansas, in the amount of $17,804.28
       for the first order and $3,797 for the total 2002 bid. The motion carried 6-0.

19.    CONSIDER BIDS FOR STREET LIGHT MATERIALS.
PAGE 18                            CITY COUNCIL MINUTES                          MARCH 25, 2002

      Mayor Allen stated that bids were received on March 5, 2002, for street light materials. The
      bid was broken down into 9 separate classes of items.

      Councilmember Sawyer, seconded by Councilmember Boettcher, moved to award the bid
      for items A, B, E, F, G, H and I to Kriz-Davis Co., Shawnee Mission, Kansas, in the amount
      of $16,732.45 for the first order and $33,234.59 for the total 2002 bid; and award the bid for
      items C and D to Western Extralite Co., Lenexa, Kansas, in the amount of $6,705.62 for the
      first order and $16,188.27 for the total 2002 bid. The motion carried 6-0.

20.   CONSIDER BIDS FOR TRAFFIC SIGN FACES.

      Mayor Allen stated that bids were received on March 5, 2002.

      Councilmember Goode, seconded by Councilmember Meyers, moved to award the bid for
      traffic sign faces to Signs and Blanks, Akron, OH, in the amount of $9,190.92. The motion
      carried 6-0.

MISCELLANEOUS ITEMS

21.   CONSIDER APPROVAL OF SEMI-MONTHLY CLAIM FOR MARCH 25, 2002, IN
      THE AMOUNT OF $3,467,525.48.

      Councilmember Meyers, seconded by Councilmember Goode, moved to approve the semi-
      monthly claim for March 25, 2002, in the amount of $3,467,525.48. The motion carried 6-0.

22.   MISCELLANEOUS COUNCIL ITEMS.

      City Manager Montague suggested that the April 2, 2002 Finance and Administration
      Committee meeting be cancelled due to the election.

      Councilmember Segale, seconded by Councilmember Goode, moved to cancel the April 2,
      2002 Finance and Administration Committee meeting. The motion carried 6-0.

ADJOURNMENT

Councilmember Goode, seconded by Councilmember Meyers, moved to adjourn. The motion
carried 6-0, and the meeting adjourned at 9:00 p.m.



_______________________________
Sonya Fendorf
Recording Secretary

				
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