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					                                   CITY OF SHAWNEE
                                CITY COUNCIL MEETING
                                       MINUTES
                                   OCTOBER 22, 2007
                                        7:30 P.M.

Mayor Meyers called the meeting to order at 7:32 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.

 Councilme mbers Present                 Staff Present
 Councilmember Scott                     City Manager Gonzales
 Councilmember Sawyer                    Assistant City Manager Charlesworth
 Councilmember Goode                     Deputy City Clerk Powell
 Councilmember Straub                    Assistant to the City Manager Singer
 Councilmember Sandifer                  City Attorney Rainey
 Councilmember Distler                   Assistant City Attorney Rainey
                                         Public Works Director Freyermuth
 Councilme mbers Absent                  City Engineer Wesselschmidt
 Councilmember Pflumm                    Planning Director Chaffee
 Councilmember Kuhn                      Police Chief Morgan
                                         Finance Director Kidney
                                         Parks and Recreation Director Holman
                                         Senior Project Engineer Lindstrom
                                         Information Systems Director Doherty
                                         Stormwater Manager Gregory

Members of the public who spoke: (Item 7) MARVIN STOKER, 7065 Monticello Road,
KAREN MCQUISTON, 6925 Monticello Road, BOB HAMLETT, 6975 Monticello Road,
GENE LECKRONE, 7024 Monticello Road; (Item 14 (1)) DON LYSAUGHT, JR., 6850 Bell
Road, MIKE FOWKES, 29200 W. 115th Street, Olathe, Kansas, KRIS PRICE, 15563 Midland
Drive, JOHN PRICE, 15563 Midland Drive, JOSH TURPIN, 15815 Midland Drive, MARVIN
STOKER, 7065 Monticello Road, LARRY BRUNNER, 16154 Midland Drive; (Item 14 (2))
DIANE CLARE DONALDSON, 22206 W. 71st Terrace; (Item 16) COMMISSIONER JOHN
SEGALE, Johnson County Commissioner; (Business from the Floor) RAY ERLICHMAN,
7510 Garnett Street; (Item 22) CHARLOTTE HARGIS, 6925 Ballentine.

Mayor Meyers asked that the record reflect that Councilmember Kuhn is absent this evening due
to a death in the family.

CONSENT AGENDA

1.     APPROVE MINUTES OF THE CITY COUNCIL MEETING OF OCTOBER 8,
       2007.

2.     APPROVE MINUTES OF THE FINANCE                          AND     ADMINISTRATION
       COMMITTEE MEETING OF OCTOBER 2, 2007.
PA GE 2                                CITY COUNCIL MINUTES                        OCTOBER 22, 2007




3.        REVIEW MINUTES OF PLANNING COMMISSION MEETING OF OCTOBER
          1, 2007.

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

MAYOR'S ITEMS

4.        THE MAYOR WILL                READ      A    PROCLAMATION            FOR     VETERANS
          APPRECIATION DAY.

          Mayor Meyers presented a proclamation proclaiming Sunday, November 11, 2007 as
          Veterans Appreciation Day in the City of Shawnee.

          Mayor Meyers encouraged all citizens to show honor and respect for all the veterans. He
          stated he will personally present this same proclamation at the Veterans celebration on
          November 11, 2007 at 4:00 p.m. Everyone is invited to attend.

5.        PRESENTATION OF SERVICE AWARDS.

          Mayor Meyers and City Manager Gonzales recognized the employees and volunteers for
          municipal service in the State of Kansas and the City of Shawnee.

          City Manager Gonzales stated this is one of her favorite meetings each year. It is a
          tremendous treat to have all the City employees and their families here this evening in
          one group and one room. She thinks it is a testament to the City Council, this counc il and
          previous councils that they have created a work and community environment that makes
          Shawnee a place where people want to come to work and want to stay a long time. It is
          obviously a high value to the community when they have people who spend their careers
          and volunteer careers working for the City of Shawnee. The City has some tremendous
          volunteers.

          City Manager Gonzales thanked all the family members for coming this evening. She
          does not think that anyone can argue that this community and their organization have
          great value for families, as seen by everyone in this room this evening. She stated public
          service is not always a fun thing to do, but is a wonderful thing to do. She stated
          sometimes people need the support from home and everyone kno ws that and they
          appreciate all the support which is given to all of them at the City.

             Employee Name                      Department                  Years of Service
            Joan Sailler-Moore                       Fire                          30
               Jim Morgan                          Police                          30
               Mike Beatty                           Fire                          30
              Bob McCallop                      Public Works                       30
               Dave Hunter                           Fire                          30
PA GE 3                               CITY COUNCIL MINUTES                      OCTOBER 22, 2007


             Mike Vielhauer               Code Board of Appeals                  30
                Vernon Eitel                       Fire                          20
                Bob Burnett                   Public Works                       20
              Larry Larimore                     Police                          20
                 Mark Hein                       Police                          20
                  Jim Hart                         Fire                          20
              Bill Richerson                  Public Works                       20
               Randy Martin                   Public Works                       20
                Rich Schulz                      Police                          20
                John Barnes               Code Board of Appeals                  20
                 Rob Moser                       Police                          15
             Chuck Seawood                       Police                          15
               Doug Simms                          Fire                          15
             Richard Hoelting             Code Board of Appeals                  15
              Angie Cooper                       Police                          10
              Ed Socolofsky                   Public Works                       10
               Jason Walters                       Fire                          10
               Brian Stanley                       Fire                          10
                Corey Sands                        Fire                          10
              Ryan Robinson                      Police                          10
               Mark Coenen                       Police                          10
             Jessica Lemons                      Police                          10
              Bryan Kidney                      Finance                          10
              Kelly Brennan                        Fire                          10
                  Joe Price                   Public Works                       10
                Nate Karlin                      Police                          10
                 Bill Smith                      Police                          10
               Ben Mendoza                       Police                          10
             Kenton McCord                        BZA                            10
              Donna Sawyer                       Parks                           10
               Travis Meats                      Police                          10
                 Ryan Pyle                         Fire                          10

          Mayor Meyers agreed with City Manager Gonzales that it is important to recognize all
          the wonderful talent working here in the City of Shawnee, but more importantly, they are
          very good people.

6.        THE MAYOR MAY PRESENT OTHER ITEMS FOR CONSIDERATION.

          Mayor Meyers recognized the Boy Scouts from Pack 3297.

PUBLIC ITEMS
PA GE 4                                CITY COUNCIL MINUTES                         OCTOBER 22, 2007




7.        ACQUISITION OF PRIVATE PROPERTY AT 7065 MONTICELLO AND 21811
          W. 73RD TERRACE, RELATED TO THE MONTICELLO ROAD PROJECT,
          MIDLAND DRIVE TO 7900 BLOCK, P.N. 3322.

          Mayor Meyers stated that the preliminary plans for the Monticello Road project, Midland
          Drive to 7900 Block, P.N. 3322 were approved at the May 14, 2007, City Council
          meeting. The construction plans necessitate the acquisition of several right-of-way and
          easement tracts, including acquisition of two homes.

          Senior Project Engineer Lindstrom stated so there is no confusion about why this is on
          the agenda this evening; the preliminary plans were approved back in May 2007. He
          thinks they expressed after the preliminary plans were approved, they would start the
          right-of-way acquisition process. He thinks they also expressed they are going to try to
          do that in two phases; the reason being, because there are two homes that need to be
          taken for the project.

          Senior Project Engineer Lindstrom stated back in April of 2007, RFPs were sent out to
          appraisers to get that process going. He stated the first phase was to get the process going
          for acquisition of the two homes they needed. He stated the staff knew that was going to
          be a longer process. He stated the process is following the federal guidelines for
          acquisition of homes, which is the same as with the rest of the acquisitions, but they knew
          the acquisitions of homes would take longer, so they started that process earlier. The
          appraisers were hired on May 18, 2007 and by September 5, 2007, offered had gone out
          two different times. He stated one of the homeowners was sent out on September 5, 2007
          and the other homeowner was sent out offers on August 16, 2007.

          Senior Project Engineer Lindstrom stated he wo uld briefly go over the process to make
          sure everyone understands the process they had to go through, which is different than
          what they normally have to do. He stated they had to hire an appraiser and a review
          appraiser for these properties. He stated there are also other things to take into
          consideration while going through this process.

          Senior Project Engineer Lindstrom stated there are actually four things to consider in
          relocating homeowners.

                Moving cost reimbursement
                Supplemental replacement housing payment
                Just compensation
                Incidental expense

          Senior Project Engineer Lindstrom stated that means there are four things that these
          owners are actually going to get paid for. He stated the reason this was brought to the
          agenda this evenings, is because they have sent offers out to two homeowners and neither
          have responded back or accepted or denied the offer. He stated time is of the essence
          here for the project, so they wanted to move along.
PA GE 5                                 CITY COUNCIL MINUTES                         OCTOBER 22, 2007




          Senior Project Engineer Lindstrom stated he knows condemnation is a bad word typically
          and the residents have called him on that already, but their task here is to break this
          down, so he will more thoroughly go over the above list. He stated the process they are
          trying to get done tonight is to continue on with the just compensation part of this
          process.

          Senior Project Engineer Lindstrom stated there are three other items on this list and he
          can go through each one of them, but for tonight only, it is to start the process for the just
          compensation. He stated at this point, they have sent offers to the owners and to this
          point have not replied. He stated to get this process going, they need to get this to
          eminent domain.

          Senior Project Engineer Lindstrom stated the other three entities of this process will still
          happen, meaning there is still a moving cost reimbursement they will have to go through
          and still supplemental replacement. That meaning, that briefly it goes out and finds a
          comparable home and the City pays the difference between what the just compensation is
          and what the comparable home sale is.

          Senior Project Engineer Lindstrom stated the last item is any incidentals, such as if they
          have to close a house or title work, where there wo uld also be reimbursement in those
          situations. He stressed that tonight‟s meeting is just about the just compensation.

          Councilmember Sandifer asked if the two residents do not accept the offers, what it will
          do if they go through the condemnation – would it change the offer any whatsoever.

          Senior Project Engineer Lindstrom stated there is potential for the offer to change,
          because if that just compensation changes, then it does change, whether that goes up or
          down, that may change the supplemental housing cost, so that is correct.

          Assistant City Attorney Rainey stated if they do not agree with the just compensation that
          has been offered based on the appraisal, the family would obviously proceed to the court
          appointed appraisers and the court will appoint three appraisers who will then determine
          just compensation and report to the court. He stated if the family is not happy with
          whatever the three court appointed appraisers have, then the families can file what is
          called a noble appeal to another district court judge where the case is heard by a jury and
          the jury will determine compensation.

          Assistant City Attorney Rainey stated this is only one part of four and this part,
          unfortunately if they do not accept the offer based on the appraisal, they have to do
          something because the road has to go in and the City has to acquire the property in order
          to build the road. He stated if the landowners do not accept the offer, the staff has to
          proceed with the resolution and ordinance as a formality to proceed with eminent domain.

          Assistant City Attorney Rainey stated he knows there have been some questions received
          by himself and Senior Project Engineer Lindstrom. He stated he would emphasize to the
PA GE 6                                CITY COUNCIL MINUTES                        OCTOBER 22, 2007


          two attorneys representing the landowners involved, that they will continue to negotiate
          with them to try to reach some type of an agreement as to what is fair or just
          compensation for the market value of what was acquired. He stated just by the fact that
          they have a formal ordinance and resolution authoring them to take that action, it does not
          mean that they will stop discussing that with these people and will make every effort to
          try to reach an agreement on what is just compensation.

          Assistant City Attorney Rainey continue by stating that he personally verified to the two
          attorneys involved that they will not do so and will not file the petition until they are
          certain they need to, in order to reach an agreement as to what is fair and what is just
          compensation.

          Councilmember Goode, seconded by Councilmember Straub, moved to adopt a
          resolution declaring it necessary to appropriate private property at 7065 Monticello Road
          and 21811 West 73rd Terrace for the use of the City for the improvement of Monticello
          Road from Midland Drive to the 7900 block of Monticello Road, and authorize a survey
          and description of the land or interest to be acquired.

          Councilmember Distler stated since it was brought up in the ordinance with regard to the
          permanent utility easement, if this is for the Southern Star Pipeline, because it does not
          say what the permanent utilities easement is.

          Senior Project Engineer Lindstrom replied that is a generic utility easement and they have
          still yet to work out all the details with Southern Star related to what permanent easement
          they need, if any. He stated Southern Star had told the City if they do need an easement,
          they will do it on their own, but definitely this would be an avenue for them to go on, if
          they would like to do so, but this is not an exclusive easement for them.

          Councilmember Distler asked if they have been shown the plan and they are looking at it,
          or have already approved it.

          Senior Project Engineer Lindstrom replied that is correct. He stated they have another
          meeting coming up with them real soon.

          MARVIN STOKER, 7065 Monticello Road, stated if the Council read their packet, it
          does sound as if they have been impossible to deal with and would like to address a few
          items.
          MARVIN STOKER stated they did receive an offer sent on August 16, 2007 and
          contacted KDOT because they felt the home use for determining the supplemental
          payment was not appropriate. He stated KDOT did agree with that. He stated it was
          mentioned in the packet that they requested two additional appraisers and clarified that
          they did not request those.

          MARVIN STOKER stated they have supplied the City staff with at least five homes to be
          used as comparables, one of which was a 75-100 year old bungalow, the same age as his,
PA GE 7                                CITY COUNCIL MINUTES                        OCTOBER 22, 2007


          the same type of house as his, the same square footage, and the same lot size. He stated
          that address was 4910 Millridge and he sees no mention of that.

          MARVIN STOKER stated that his wife stood before the Council in November of last
          year and said they did not want to stand in the way of progress, but merely wanted to be
          treated fairly. He stated at this point, they do not feel they have been. He stated when
          they received their appraisal report six weeks after they requested it, they were truly
          disappointed. He stated he read the Uniform Standards Act for appraisers and was
          concerned about some of the methods used to determine the price of their property. He
          stated similar items seemed to be arbitrary.

          MARVIN STOKER continued by stating that he has used their prices per square foot for
          homes and land and compared them to the Council‟s homes. He stated using the same
          formula used to determine the just compensation for his house would price
          Councilmember Scott‟s home at $81,000. He stated if the Council all believe that is just
          compensation for their homes, they should pass this ordinance. He stated if they do not
          feel those numbers are right for them, then they should not feel they are right for him.

          MARVIN STOKER stated the day after they received their appraisal; they received the
          offer of just compensation and the supplemental payment, based on the house at 117 W.
          55th . He stated after viewing this house, they called KDOT who agreed that house was
          not acceptable. He stated the City has since found them another home to use as the
          supplemental payment offer. He stated the basic criteria for this house, per the
          government Federal/State standards for this home, is decent, safe, and sanitary. He stated
          there are some specifics.

          MARVIN STOKER stated his first impression was that the yard was not even mowed.
          He stated one of the requirements is that the house be weather tight. He stated the water
          stains on the roof obviously show it is not water tight. He stated for the decent criteria,
          there are holes in the walls of this house. He stated he is not sure about the Council‟s
          standards for decent, but his home does not have holes in it.

          MARVIN STOKER stated it should be structurally sound and from the photograph
          showing the roof line, it is not a structurally sound house. He stated one thing he was
          truly dismayed at, as the asbestos in the ventilation system. He stated the City recently
          passed an ordinance for the health of the citizens of Shawnee to not allow them to have to
          breathe secondhand smoke, but the City attorney‟s office thinks that asbestos in a
          ventilation system would be safe.

          MARVIN STOKER stated one of the very specific requirements is that a toilet be
          properly connected to a sewer system. He stated he does not feel the photograph shows it
          being properly connected. He stated the home presented to them is not a structurally
          sound house and the ridge row being a 1 X 4. He stated with some of them on the
          Council being builders, they know that is not right.
PA GE 8                                CITY COUNCIL MINUTES                         OCTOBER 22, 2007


          MARVIN STOKER stated that is kind of the reason for the big sag in the roof. He stated
          he does not even have a comment for that one.

          MARVIN STOKER stated the City has neighborhood preservation and a property
          maintenance codes. He stated it has 27 different items and this particular house fails 18
          of 27 items on the City zoned property maintenance checklist.

          MARVIN STOKER stated one of the Federal guidelines is for a safe, electrical system.
          He stated he does not believe that to be one. He stated there are pieces of this house that
          are missing. He stated he did not actually count them, there are vent covers, but there is
          wires sticking out, but there are approximately 50 pieces of this house that are missing.
          He stated there are weeds at this house taller than him. There are holes in the walls.
          There are holes in the doors.

          MARVIN STOKER stated he wishes his pictures had smellivision. He stated one of the
          specific requirements from the State is that there be fire rated sheetrock between the
          garage and the house and there is not. He stated there is an active termite infestation. He
          stated there are holes in the carpet. He stated the front porch light is falling off. He
          stated there are exposed wires, holes in the walls, and it is not like there is just one or
          two. He stated he is hoping that none of the Council finds that house to meet decent,
          safe, or sanitary criteria. He presented a photograph of a large hole in the garage wall.

          MARVIN STOKER stated if this is a vote to condemn his house, he does not feel that the
          offer of just compensation is fair. He stated he does not feel that the comparable home
          anywhere near meets the decent safe and sanitary criteria required by law. He stated he
          thinks the Council can judge by the picture of the stain on the floor what it actually is.
          Again, he stated if the Council thinks that would be a fair price for t heir house and that
          this house is acceptable as a replacement, then go ahead and vote for it, but he is hoping
          their standards are higher than the City attorney standards.

          MARVIN STOKER stated to close, the final line of the City‟s Mission Statement is that
          Shawnee is many things, but most of all it is their home.

          Mayor Meyers thanked Mr. Stoker.

          Assistant City Attorney Rainey stated he would like to address some of those things. He
          stated, again, there are different standards here for the compensation of this as determined
          by what is just compensation for what is acquired, as compared to the standards that are
          applied by the professional appraisers and the professional relocation staff and personnel
          for determining compensation for the replacement dwelling. He stated when they mix
          those two, it is not comparing apples to apples, but the other thing is that he wants to
          make certain that the Governing Body is aware that when the Stoker family objected to
          this relocation payment, the relocation payment and not the just compensation, the City
          hired two professional appraisers to go through this, Mr. Roger Patton and Mr. John
          Mosher.
PA GE 9                                CITY COUNCIL MINUTES                         OCTOBER 22, 2007


          Assistant City Attorney Rainey stated those two gentlemen personally inspected this
          home. He stated he was aware that the S toker family was obviously a little upset by this,
          so they also had the Kansas Department of Transportation‟s Chief Compliance Officer
          drive down from Topeka. He personally went through each home that the City appraisers
          were going to use for purposes of determining the relocation payment and went through
          this home in particular. He stated the determination of the Chief Compliance Officer and
          the department head of the Bureau of Right-of-Way Affairs was that this was a
          comparable facility for purposes of determining the relocation payment.

          Assistant City Attorney Rainey stated the Kansas Department of Transportation Chief
          Compliance Officer also went through the appraisal to determine just compensation and
          agreed with that appraisal. He stated this is what he was saying earlier, if the Stoker‟s
          disagree with either of the moving cost reimbursement, the supplemental replacement
          housing payment, or the incidental expense payment, they can file an appeal. He stated
          they can have an administrative hearing on that, but they are only here tonight on the just
          compensation.

          Assistant City Attorney Rainey stated the Stoker family property being acquired by the
          City is roughly a residence of two acres. He stated as seen by the County appraisal in
          2007, it was appraised at $117,100 and the prior year it was $111,500. He stated when
          the professional appraisers that were retained by the City that were approved by KDOT
          went through this home; they appraised it at $195,000. He stated the improvement, as
          stated here, requires acquisition of the residence at .48 acres. He stated the residence was
          appraised at $46,964 and the .48 acres was appraised at $51,741. He stated this was not
          City staff and these were professional appraisers. He stated in this case, this appraisal
          was done by John Mosher and the review appraiser was Mr. Al Do nahoe. He stated this
          was not City staff, but professional appraisers who were on the KDOT certified list.

          Assistant City Attorney Rainey stated the current offer to these property ow ners that
          resulted in them coming here tonight, the just compensation for the acquisition is
          $98,705. He stated in addition to that, by using the home on Rosehill, their supplement
          replacement housing payment is $55,195. He stated the family will retain the remainder
          of the property which is appraised at $96,295. He stated there is always a bottom line to
          all of this and the current offer would be $153,900 in compensation and the family will
          retain property that is appraised at $96,295. He stated that is a total of $250,195.

          Assistant City Attorney Rainey stated he thinks if they review all these numbers, they
          will see that the City is fair. He stated they are here tonight not to argue with the
          landowners, but simply to acquire the right to go to the court to appoint three appraisers
          and have the three appraisers decide the fair compensation, because it appears to himself
          and Senior Project Engineer Lindstrom that they are not going to agree upon that.

          Assistant City Attorney Rainey stated some of the things that he thinks Senior Project
          Engineer Lindstrom wants to address, have to do with this property and some of the
          pictures shown are perhaps misleading. He stated in the back of the property on Rosehill,
          there is an old, what he would call, shed, b ut apparently someone lived there at some
PA GE 10                             CITY COUNCIL MINUTES                         OCTOBER 22, 2007


       point in time and it was a rental home. He stated some of the pictures presented by Mr.
       Stoker relate to this shed in the back of the property that was not considered by the
       appraisers for by the KDOT staff in their determination.

       Senior Project Engineer Lindstrom presented a photograph of the back of the home. He
       stated the piece in the back is just an old shed being referred to by Assistant City
       Attorney Rainey. He stated he thinks a lot of the photographs that Mr. Stoker took
       related to that structure. He stated he is not saying that some of the photos may be,
       because he was not personally in this home because the appraisers and KDOT
       representatives were in it, but from a City staff point, he has not been involved in that
       direct process.

       Mayor Meyers asked if Mr. Stoker was aware that this structure was not part of the
       appraisal.

       Senior Project Engineer Lindstrom replied this is actually the appraisal for the
       replacement home and not for his home, but he believes so.

       City Attorney Rainey stated one thing that he thinks should be made clear, is that nothing
       that Mr. Stoker has presented has anything to do with fair compensation or fair market
       value for the property acquired. He stated they start with the fair market value of the
       property acquired.

       City Attorney Rainey stated if in the opinion of the appraisers and the relocation
       individuals, after they go through all of the houses available, in order to find a house that
       is comparable to what they have and it is necessary to acquire another property that cost
       more, then in addition to the value of the property which they paid for, which the City is
       acquiring, they make a supplemental payment, that would enable them in affect to find a
       replacement property.

       City Attorney Rainey stated the condemnation procedure itself, as has been explained,
       which goes through appraisers appointed by the court and not by the City, the appraisers
       are appointed by the court and they fix a fair market value of what they believe is the
       value of the property and that is paid to the clerk of the district court. He stated when that
       money is paid to the court, the landowners can withdraw that money and then they can
       still appeal that award of compensation and it would ultimately go to a jury trial.

       City Attorney Rainey stated again, the comparable residence they were talking about,
       does not mean that they are saying that the other property is comparable in value to the
       other one; it is not used in determining the fair market value o f the dwelling they are
       acquiring and that is an entirely separate matter. He stated they pay first for the dwelling
       and then they pay in addition to that. He stated he always likes to say that condemnation
       or eminent domain, when they talk about fair market value, is fair to both; both to the
       property owners of the procedure and also fair to the public who is paying for this
       property and is paying for it because they find it necessary to acquire the property in
       public interest in order to make public improvements.
PA GE 11                             CITY COUNCIL MINUTES                         OCTOBER 22, 2007




       City Attorney Rainey stated what they are calling a comparable residence, does not have
       anything to do with fixing the original value of the replacement or the fair market value
       of the property the City is acquiring.

       Mayor Meyers stated that is some of his concern, because he would not think that Mr.
       Stoker would have brought forth those pictures of another structure or even be worried
       about pictures of a structure, unless he does not understand the process itself. He stated
       he just wanted to make sure and have a clear understanding if Mr. Stoker was aware of
       how things were done and how they were appraised.

       MARVIN STOKER stated he is quite aware.

       Mayor Meyers asked Mr. Stoker if he knew this other structure was not part of any of the
       appraised value of the home.

       MARVIN STOKER stated of the 33 pictures he showed, three were of that structure. He
       stated the other 30 were of the other main home.

       Mayor Meyers asked Mr. Stoker if he understood that those three photographs were not a
       part of the main home.

       MARVIN STOKER answered he did understand that. He stated 30 pictures he showed
       were of the house they used to compare and his point is, if it was a home that was
       properly maintained, then fair market value of that house for the price of the
       supplemental payment for him, should be much larger. He stated they gave a bottom line
       of all the totals they priced to at $251,000. He stated he turned down an offer of
       $250,000 years ago.

       Councilmember Distler asked why would they not just appraise the property and say this
       is the appraisal, instead of comparing it to that. She asked why not just say, „this is what
       it appraises at and this is what it is worth‟. She stated that is insulting.

       City Manager Gonzales asked Assistant City Attorney Rainey to put up the picture of the
       replacement house.

       Assistant City Attorney Rainey stated he thinks Councilmember Distler‟s question is,
       „why was this home not used for purposes of determining the just compensation to the
       acquisition of the home and the land‟. He stated the reason is because this home is not
       sold. He stated if it sells, it becomes a sale that an appraiser can rely upon for purposes
       of determining just compensation. He stated since it has not sold, it is not a sale that an
       appraiser can use in a professional appraisal that is reviewed not only by the Kansas
       Department of Transportation, but the certifying authority for the appraiser himself, if the
       appraisal is not conducted in accordance with certain standards and that appraiser can
       lose his license. He stated they will not use a property as a comparable sale, unless it is a
       sale.
PA GE 12                             CITY COUNCIL MINUTES                         OCTOBER 22, 2007




       Assistant City Attorney Rainey stated that they looked at current homes on the market for
       purposes of determining this replacement housing payment. He stated what they are
       looking at, is the functionally similar language of the structure, so there are other factors.
       He stated the supplemental replacement housing payment is to provide funds needed to
       purchase a new home and therefore that home must be on the market.

       Councilmember Distler stated that is also part of her concern, because the focus is that
       this is a 97 year old home with 1,987 square feet. She stated she has redone four homes
       herself from one as old as 1920 to the one she currently lives in and has completely
       gutted them to where they are brand new inside and out. She asked how they can
       compare something with the plumbing and the holes and all that. She stated with market
       value, there is no way that is going to bring in something that had been completely re-
       gutted and redone. She stated that home could be worth anything from A to Z.

       Assistant City Attorney Rainey stated it is a little difficult for him and Senior Project
       Engineer Lindstrom to answer that question, because they are not professiona l appraisers.
       He stated he can tell them only what he has been told. He stated as they can all see at the
       bottom of the actual document he received from the Kansas Department of
       Transportation Chief Compliance Officer and the Bureau Chief.

       Assistant City Attorney Rainey stated when they say „it‟ down in the bulleted area; they
       are referring to the home on Rosehill in that it offers more square footage than the subject
       property. It is located on .52 acres, which is approximately the .4 acres being acquired.
       He stated it is a ranch style house without a basement and allows level access to the main
       entrance and large hallways. It has been updated inside and out, offering new vinyl
       siding and all new energy efficient windows.

       Assistant City Attorney Rainey stated the remainder of their issues they addressed is the
       air conditioning that the subject property has no central air, it has a window unit. He
       stated the home presented has a new central air unit. He stated it has new vinyl siding
       and the other items he noted is that the home they have been discussing on Rosehill, is on
       the sanitary sewer system, whereas the subject property is on a septic tank. He stated
       when they go through and reviewed, they actually gave him and Senior Project Engineer
       Lindstrom a grid sheet of all of the homes on the market that they considered. He stated
       by saying 'they', he does not mean himself or Senior Project Engineer Lindstrom, but the
       professional appraisers in the Kansas Department of Transportation relocation staff.

       Assistant City Attorney Rainey stated to his knowledge, they did consider everything.
       He stated they are professionals that are involved in that daily, whereas he and Senior
       Project Engineer Lindstrom are not. He stated the other thing is to update this somewhat,
       is that the Kansas Department of Transportation, he understands, is going to go ahead and
       send another person out there. He stated they volunteered to send another person out to
       do another relocation study. He stated this will be the third relocation study for this
       particular property. He stated the Kansas Department of Transportation is going to do
PA GE 13                             CITY COUNCIL MINUTES                        OCTOBER 22, 2007


       that at the City‟s request and will provide them the results. They can use that when they
       make this decision.

       Assistant City Attorney Rainey stated he would emphasize when they are talking about
       his home, they are talking about the supplement relocation payment that is based on the
       structure. He stated that is an administrative issue that the landowners can appeal. He
       stated the issue tonight is the just compensation for the home and the easements. He
       stated those were both based on very detailed appraisals and considerations of all
       comparable sales of such property. He stated there are two different mechanisms and two
       different procedures.

       Senior Project Engineer Lindstrom stated to elaborate on what Assistant City Attorney
       Rainey said, in the KDOT reviews, they are not coming to this home to review this home,
       but are looking at other properties. He stated they are going to spend some time looking
       at other properties to see if there are other comparables in the area. He stated they are not
       coming here just to verify that this house is comparable, but the second or third KDOT
       officer will come and look at other sales in the area. He stated if they come up with
       different results that would be the category they were talking about – the Supplemental
       Replacement Housing Payment.

       Councilmember Distler stated when they are going on current sales right now, it is a
       buyer‟s market and homes are selling for nothing. She asked if that is being taken into
       consideration, that the country is saturated with homes right now. She stated they will
       not get as much for this home as they would have five or ten years ago.

       Senior Project Engineer Lindstrom stated he would not be able to answer that question,
       whether or not the current situation has an affect on the market or not. He stated he does
       not know.

       Councilmember Scott asked Senior Project Engineer Lindstrom if he said earlier that
       there is an appeal process that the property owners have if they do not agree with all the
       appointed appraisers and KDOT.

       Senior Project Engineer Lindstrom answered yes. He stated there is also an appeal
       process for eminent domain, so there are definitely avenues for them if they do not agree
       with that also. He stated for the supplemental payment, there is an appeal process. He
       stated there are also other reimbursements that will come at a later time.

       City Attorney Rainey stated he wants to make it crystal clear that no one is talking about
       the fair market value of their home. He stated there has been nothing presented this
       evening that would affect or argue about the value that the appraisers put on their existing
       dwelling. He stated they get that first. He stated they are then talking about what in
       addition they might get. He stated he would say that his experience has been that
       appraisers look at past sales, so more often his complaint with them is that they are
       looking too far into the past, rather than into the future.
PA GE 14                             CITY COUNCIL MINUTES                         OCTOBER 22, 2007


       City Attorney Rainey stated the does not think the appraisers are looking just at the last
       few months, but are going back usually to a period of time to sales at an earlier time. He
       stated they have every right to appeal that and they do that frequently. He stated
       ultimately it goes to a jury that would decide the fair compensation or the fair market
       value of the property being acquired. He stated they then get the supplemental payments
       in addition.

       Councilmember Straub asked about the $153,000 and if that is the house and the .48
       acres. Then they value it at the remainder of the ground that they are keeping as the
       $98,000. He stated that is how they got to the $250,000. He asked if this is just the
       supplemental and if they are going to get more than this.

       Senior Project Engineer Lindstrom replied the $55,195.00 is the supplemental. He stated
       they are here tonight for the first item – the just compensation acquisition. He stated that
       is related to the current home. He stated the supplemental is in addition to any
       comparable home.

       Senior Project Engineer Lindstrom stated basically this is a relocation act and that means
       that the owners do not have to relocate to the home the City says is comparable and can
       do whatever they want. He stated that is the intent – to get a home that is comparable, so
       if they would like to move immediately, that would be available.

       KAREN MCQUISTON, 6925 Monticello Road, stated the questions she has are not
       specific to this project, but are specific to the street and the fact that the City is moving
       forward to acquire property. She stated she has questions as to the ability to go forward
       with this property. She stated she has questions and brief answers, yes or no, is fine that
       do pertain to being able to go forward with this project.

       KAREN MCQUISTON asked who approved the stormwater plan for this street project.

       City Manager Gonzales replied the final plans for the project have not yet been approved.

       Senior Project Engineer Lindstrom stated that is correct.

       KAREN MCQUISTON asked who will approve those.

       City Manager Gonzales replied this Governing Body will approve those.

       KAREN MCQUISTON asked if the County has final jurisdiction over those plans for
       whoever receives wastewater.

       City Manager Gonzales asked if they are talking about stormwater.

       KAREN MCQUISTON clarified she means storm sewers.
PA GE 15                             CITY COUNCIL MINUTES                         OCTOBER 22, 2007


       City Manager Gonzales stated storm sewers have nothing to do with wastewater. She
       stated that would be the ground water that runs over the ground into the pipes. She stated
       it is not water that comes out of toilets. She asked Ms. McQuiston to repeat her question.

       KAREN MCQUISTON stated her question is who has approved the plan for the storm
       sewers for this project.

       City Manager Gonzales replied the final plans have not yet been approved.

       KAREN MCQUISTON stated again in relationship to this project, if there is a clear plan
       for economic development in the area south of 75 th Street.

       City Manager Gonzales replied there is no written plan specifically for the area south of
       75th Street.

       KAREN MCQUISTON asked City Manager Gonzales if she had copies of the City
       Service Gas Easement Agreements from 1975 for the properties that will be affected by
       this street project.

       Senior Project Engineer Lindstrom replied they have the easements by the gas company –
       yes, but is not sure that is the correct data.

       KAREN MCQUISTON asked if they had any before they voted for this project in
       November.

       Senior Project Engineer Lindstrom answered probably not.

       KAREN MCQUISTON asked if they are blanket easements.

       City Manager Gonzales stated these are very specific questions that they really should not
       be answering off the top of their heads. She stated the staff will be glad to look into those
       and provide the answers.

       KAREN MCQUISTON asked if the City can condemn land for public use that is already
       dedicated to public use.

       City Attorney Rainey answered yes, as that is a simple question. He stated he could give
       Ms. McQuiston volumes of legalese on it, but yes they can. He stated they may also
       acquire the property, subject to other public uses or easements.

       KAREN MCQUISTON stated she has an email she will send from the Attorney
       General‟s office for Kansas.

       City Attorney Rainey stated he has read most of them, but if Ms. McQuiston would
       provide the number on it, he would be happy to look at it again.
PA GE 16                           CITY COUNCIL MINUTES                      OCTOBER 22, 2007


       KAREN MCQUISTON stated she would be glad to send that to City Attorney Rainey.

       KAREN MCQUISTON asked who sets the standards for pipeline safety.

       City Manager Gonzales answered the Federal government, ultimately.

       KAREN MCQUISTON asked why they changed the size of the nature trail on the west
       side of Monticello from 8 feet to 10 feet.

       Senior Project Engineer Lindstrom replied he believes he answered Ms. McQuiston‟s
       email about that.

       KAREN MCQUISTON asked if it was a Federal requirement that it needed to be 10 feet.

       Senior Project Engineer Lindstrom replied it was a suggestion by KDOT that it be
       changed to 10 feet.

       KAREN MCQUISTON asked if the bike trail is funded by Federal funds.

       Senior Project Engineer Lindstrom answered yes.

       KAREN MCQUISTON asked if the City is required to follow Federal regulations for this
       project.

       Senior Project Engineer Lindstrom asked Ms. McQuiston to be more specific.

       KAREN MCQUISTON asked again if the City has to follow Federal regulations for this
       project, specifically to the pipeline safety issues.

       Senior Project Engineer Lindstrom replied he can not answer that at this time, but can
       certainly look into that for Ms. McQuiston and get back with her.

       KAREN MCQUISTON asked if the City has changed the alignment of this project from
       what they voted on in May.

       City Manager Gonzales stated these are questions related to the road plan, which is not
       the item on the agenda tonight.

       KAREN MCQUISTON stated her question is though, that these are all important
       questions.

       City Manager Gonzales stated these are things the staff is not prepared to answer this
       evening.
PA GE 17                             CITY COUNCIL MINUTES                         OCTOBER 22, 2007


       KAREN MCQUISTON stated these things need to be answered before they move
       forward with this street project, not knowing if they can do some of these things that the
       City thinks they can do.

       City Manager Gonzales stated there are many steps in the process and this is one step.
       She stated as they complete the next step, it will come forward again to the Governing
       Body and the next step and the next step ultimately, until the final plans are approved.

       KAREN MCQUISTON asked wouldn‟t it be due diligence to know what Federal
       regulations you have to abide by with a pipeline before you design a project.

       City Manager Gonzales replied the staff will know that and she is sure the consulting
       engineers, HNTB, are on top of that working with that and is not something they can not
       specifically address this evening.

       KAREN MCQUISTON stated here is her last question. She asked how much money the
       City is willing to spend on this street. She asked what the budget is.

       Senior Project Engineer Lindstrom replied the budget is $15.5 million.

       City Manager Gonzales stated that is not totally City funds.

       KAREN MCQUISTON asked if that is what the City is willing to spend on this street
       project.

       City Manager Gonzales replied that is the project that was approved by this Council.

       BOB HAMLETT, 6975 Monticello Road, stated he will continue with what Karen said,
       but joked that his questions will not be nearly as deep or difficult.

       BOB HAMLETT stated as a retired contractor, he has a few questions on the plans. He
       has if these are the current preliminary plans they will be voting on.

       Senior Project Engineer Lindstrom replied that is correct, those are the current
       preliminary plans.

       Mayor Meyers stated his concern is that Mr. Hamlett is talking about plans and that is not
       what they are talking about tonight, as they are talking about the acquisition of private
       property for two properties. He stated if Mr. Hamlett‟s information or questions pertain
       to that, then he will be glad to listen to what those questions are, but otherwise if they are
       just about the plans in general, they need to move on with this item.

       BOB HAMLETT stated the only problem with the way these plans are written, is that it
       may affect the house subject to what they are now discussing. He asked if he should
       present this later in the evening.
PA GE 18                             CITY COUNCIL MINUTES                           OCTOBER 22, 2007


       Mayor Meyers stated, or present it to Senior Project Engineer Lindstrom at another time
       where he can sit down and find out his questions and then research and get the answers if
       he does not have them at the time.

       BOB HAMLETT stated they are certainly things he feels the Council and Mayor should
       hear.

       Mayor Meyers stated if Senior Project Engineer Lindstrom is not able to provide Mr.
       Hamlett with answers, then Mr. Hamlett could certainly call him [the Mayor] or his
       councilmember and they would try to find the answers for him.

       BOB HAMLETT stated his information almost doubles the cost of this project, but they
       can certainly discuss them at a later time if that is the Mayor‟s wish.

       Mayor Meyers thanked Mr. Hamlett.

       MARVIN STOKER stated the vote for tonight is for just compensation. He stated the
       just compensation offered for his house is less than $100,000 for a 2,000 square foot
       home and three-quarters of an acre of property. He stated they, of course, told the
       Council that he has lots of rights to appeal, but thinks the appeal process is something
       that should be avoided. He stated he has thought for a while that he would probably be
       using that, but again that is something he thinks the Council is forcing him into if they
       vote for this tonight, instead of getting the City staff to work with them ahead o f time, so
       that they do not have to go through appeals and condemnation.

       MARVIN STOKER stated if the Council thinks that less than $100,000 is just
       compensation for a 2,000 square foot home and three-quarters of an acre of property, then
       they should vote for it.

       Mayor Meyers thanked Mr. Stoker.

       GENE LECKRONE, 7024 Monticello Road, stated he was wondering why, if they got
       the land that they could build another house on, why the Council wouldn‟t just build them
       another house. He stated that would seem like a good option. He stated he wouldn‟t
       know proper terms for it, but it seems to him like the City could just build him another
       house, cheaper than they could go through all this process of lawyers and everything. He
       stated that is just about all he has to say, but the fair way and the way he thinks, is that the
       City should just build them another house on their property because they like this area.
       He stated they have talked about how they like living out there, so why not try to do that
       for them.

       Mayor Meyers replied that the way he thinks the City is trying to be fair, is by following
       procedures that are done in these types of situations and trying to resolve any situation
       that is presently a concern. He stated, of course, if the City were to do what Mr.
       Leckrone is asking, there could be all kinds of other litigations and problems that would
PA GE 19                            CITY COUNCIL MINUTES                         OCTOBER 22, 2007


       arise from that type of action. He stated they are just following procedures that are
       commonly followed in this type of situation in order to handle the solutions at hand.

       GENE LECKRONE stated that is all he really has to say, but it seems to him that would
       be the fair way, if the City really wants to be fair – to just build them a house. He stated
       they have the land.

       Councilmember Sandifer stated he can tell Mr. Leckrone that they could not build a
       house for that kind of money and he thinks everyone here knows that.

       GENE LECKRONE stated that is true. He stated he just wanted to make his statement.

       Assistant City Attorney Rainey stated they are represented by counsel, so the staff will
       have to work through their counsel. He stated he can not contact the landowners
       personally, but did personally observe correspondence from the Kansas Department of
       Transportation and the Federal Highway Administration to the Stoker Family offering
       that as an alternative. He stated to his knowledge and to KDOTs knowledge as of this
       morning, they did not exercise that option or accept that option of pursuing a relocation
       of their home onto the lot behind them. He stated he personally saw it and knows that
       was offered to them.

       MARVIN STOKER stated according to Federal rules, that is an option that is up to the
       City and not his choice, but the City‟s choice to build him a home, move his home, or
       find another home for him.

       Mayor Meyers asked Mr. Stoker if that is an option that he would like as a possible
       solution – a relocation of his home.

       MARVIN STOKER replied he would like to explore all options. He stated it is not his
       choice, but is an option that is up to the agency to relocate his home, build another home,
       purchase another home, or pay him, which appears to be the option that the City staff as
       chosen.

       Mayor Meyers stated his understanding is that the offer of relocating his home has been
       made.

       MARVIN STOKER replied not by anyone in the City – no.

       Mayor Meyers asked if that option was presented to Mr. Stoker through KDOT.

       MARVIN STOKER replied it was actually through the Federal Highway Administration.
       He stated they told him that was the City‟s option, not his.

       Mayor Meyers asked if that was something that would be satisfactory to Mr. Stoker – the
       relocation of his home.
PA GE 20                            CITY COUNCIL MINUTES                        OCTOBER 22, 2007


       MARVIN STOKER answered of course, as he is open to all options.

       Therefore the motion on the floor read and a roll call vote was taken:

       Councilmember Goode, seconded by Councilmember Straub, moved to adopt a
       resolution declaring it necessary to appropriate private property at 7065 Monticello Road
       and 21811 West 73rd Terrace for the use of the City for the improvement of Monticello
       Road from Midland Drive to the 7900 block of Monticello Road, and authorize a survey
       and description of the land or interest to be acquired. The motion passed 4-2, with
       Councilmembers Scott, Sawyer, Goode, and Straub voting aye and Councilmembers
       Sandifer and Distler voting nay. Having passed, Resolution 1531 was assigned.

       Mayor Meyers continued with Item b. A roll call vote was taken.

       Councilmember Goode, seconded by Councilmember Straub, moved to pass an ordinance
       authorizing and providing for the acquisition of a tract of land or an interest therein at
       7065 Monticello Road and 21811 West 73rd Terrace by condemnation for the
       improvement of Monticello Road from Midland Drive to the 7900 block of Monticello
       Road. The motion passed 5-2, with Mayor Meyers voting in favor of the ordinance along
       with Councilmembers Scott, Sawyer, Goode, and Straub and Councilmembers Sandifer
       and Distler voting nay. Having passed, Ordinance 2863 was assigned.

8.     CONSIDER APPROVAL OF MASSAGE ESTABLISHMENT LICENSE
       RENEWAL FOR STACEY AND MICHAEL RAETHER FOR LA VITA BELLA
       DAY SPA LOCATED AT 5416 ROBERTS STREET.

       Mayor Meyers stated that Stacey and Michael Raether are requesting approval of a
       massage establishment license renewal for La Vita Bella Day Spa located at 5416
       Roberts Street through December 31, 2008.

       Councilmember Distler, seconded by Councilmember Sandifer, moved to renew a
       massage establishment license for La Vita Bella Day Spa located at 5416 Roberts Street
       through December 31, 2008. The motion carried 6-0.



ITEMS FROM THE PLANNING COMMISSION MEETING OF OCTOBER 1, 2007

9.     CONSIDER FP-20-07-10, FINAL PLAT FOR ROLLING HILLS ESTATES, (1
       LOT) 21000 BLOCK OF W. 71ST STREET.

       Mayor Meyers stated that FP-20-07-10, the Final Plat of Rolling Hills Estates, generally
       located in the 21000 block of West 71st Street, was approved by the Planning
       Commission and is forwarded to the Governing Body for acceptance of the dedications of
       land for public purposes. The Planning Commission staff report is enclosed for review for
PA GE 21                           CITY COUNCIL MINUTES                       OCTOBER 22, 2007


       the Governing Body's information. The Planning Commission voted 10-0 to approve the
       Final Plat and to recommend that the Governing Body accept the dedications.

       Councilmember Goode, seconded by Councilmember Scott, moved to accept the
       dedications on FP-20-07-10, the final plat of Rolling Hills Estates, generally located in
       the 21000 block of West 71st Street. The motion carried 6-0.

10.    FP-21-07-10, FINAL PLAT FOR SHAWNEE CROSSINGS RETAIL CENTER,
       7TH PLAT, (1 LOT), 6800 BLOCK OF HILLTOP DRIVE.

       Mayor Meyers stated that FP-21-07-10, the Final Plat of Shawnee Crossings Retail
       Center, generally located in the 6800 block of Hilltop Drive, was approved by the
       Planning Commission and is forwarded to the Governing Body for acceptance of the
       dedications of land for public purposes. The Planning Commission staff report is
       enclosed for review for the Governing Body's information. The Planning Commission
       voted 10-0 to approve the Final Plat and to recommend that the Governing Body accept
       the dedications.

       Councilmember Distler, seconded by Councilmember Sandifer, moved to accept the
       dedications on FP-21-07-10, the final plat of Shawnee Crossings Retail Center, generally
       located in the 6800 block of Hilltop Drive. The motion carried 6-0.

11.    FP-22-07-10, FINAL PLAT FOR GREY OAKS COMMERCIAL, 3RD PLAT, (2
       LOTS), 22700 BLOCK OF JOHNSON DRIVE.

       Mayor Meyers stated that FP-22-07-10, the Final Plat of Grey Oaks Commercial, 3rd
       Plat, generally located in the 22700 block of Johnson Drive, was approved by the
       Planning Commission and is forwarded to the Governing Body for acceptance of the
       dedications of land for public purposes. The Planning Commission staff report is
       enclosed for review for the Governing Body's information. The Planning Commission
       voted 10-0 to approve the Final Plat and to recommend that the Governing Body accept
       the dedications.

       Councilmember Sawyer, seconded by Councilmember Sandifer moved to accept the
       dedications on FP-22-07-10, the final plat of Grey Oaks Commercial, 3rd Plat, generally
       located in the 22700 block of Johnson Drive. The motion carried 5-1, with
       Councilmembers Scott, Sawyer, Goode, Straub, and Sandifer voting aye and
       Councilmember Distler voting nay.

12.    FP-23-07-10, FINAL PLAT FOR RIDGESTONE MEADOWS, 2ND PLAT, (59
       LOTS), 20800 BLOCK OF W. 68TH STREET.

       Mayor Meyers stated that FP-23-07-10, the Final Plat of Ridgestone Meadows, 2nd Plat,
       generally located in the 20800 block of West 68th Street, was approved by the Planning
       Commission and is forwarded to the Governing Body for acceptance of the dedications of
       land for public purposes. The Planning Commission staff report is enclosed for review for
PA GE 22                            CITY COUNCIL MINUTES                       OCTOBER 22, 2007


       the Governing Body's information. The Planning Commission voted 10-0 to approve the
       Final Plat and to recommend that the Governing Body accept the dedications

       Councilmember Sawyer, seconded by Councilmember Scott, moved to accept the
       dedications on FP-23-07-10, the Final Plat of Ridgestone Meadows, 2nd Plat, generally
       located in the 20800 block of West 68th Street. The motion carried 6-0.

13.    CONSIDER    Z-03-07-10, A REQUEST TO REZONE FROM AG
       (AGRICULTURAL) TO PI (PLANNED INDUSTRIAL) FOR NORTH SHAWNEE
       BUSINESS PARK, IN THE 23300 BLOCK OF WEST 43RD STREET.

       Mayor Meyers stated that the Planning Commission recommended 10-0 that the Council
       approve Z-03-07-10, to rezone from AG to PI for North Shawnee Business Park, for eight
       lots in the 23300 block of West 43rd Street.

       Councilmember Goode, seconded by Councilmember Sandifer, moved to approve
       indicating designation for office warehouse uses west of the Burlington Northern Santa
       Fe (BNSF) Railroad and east of Frisbie Road, south of 47th Street at the location of the
       proposed Holliday Sand and Gravel operation. The motion carried 6-0.

       Having passed, Ordinance 2864 was assigned.

14.    CONSIDER AMENDMENTS TO THE COMPREHENSIVE PLAN.

       Mayor Meyers stated that the Planning Commission voted 10-0 to recommend the
       amendments proposed for numbers 1, 3, 4, 5, and 6 in the staff report, along with the text
       to be placed in the Comprehensive Plan. The Planning Commission voted 10-0 not to
       make the amendment for number 2, Monticello Road.

       Councilmember Sandifer stated he agreed with the Planning Commission not to make a
       motion at this time on Monticello Road.

       Councilmember Sandifer, seconded by Councilmember Scott, moved to amend the Land
       Use Guide along Midland Drive between Renner Road and Lackman Road.

       Councilmember Straub stated he would think they might want to consider tabling this
       item because they are missing two councilmembers. He stated he is not sure if the
       Councilmember Pflumm and Councilmember Kuhn have feelings on this because it is
       part in Councilmember Pflumm‟s ward.

       Councilmember Sandifer corrected Councilmember Straub and stated it is in Ward IV.

       City Manager Gonzales stated she spoke with Councilme mber Kuhn and she certainly did
       not expect anything to be tabled this evening.
PA GE 23                             CITY COUNCIL MINUTES                         OCTOBER 22, 2007


       DON LYSAUGHT, JR., 6850 Bell Road, stated he also is a member of the law firm,
       Evans and Mullen, at 7225 Renner, so he serves an interest on this from two different
       perspectives and both seem to blend together pretty well. He stated he has been asked to
       speak on behalf of a number of the residents along Bell Road. He stated they are not
       going to be belaboring this or take the Council‟s time with 5, 7, or 10 people getting up
       here and telling them the same thing.

       DON LYSAUGHT, JR. stated he has a couple things he would like to address. He stated
       he would try to be to the point and they can then have a bit of a dialogue.

       DON LYSAUGHT, JR. stated he is well aware on behalf of the people for which he is
       speaking that this is a guideline. He stated they have been told that repeatedly. He stated
       they are also well aware of the fact that this sets the precedent, gets the ball rolling, and
       makes it a little easier for a commercial development to come in and that is part of their
       objection. He stated his initial question is why they are doing this. He stated they have
       talked with staff and Planning Director Chaffee has indicated there are some discussions
       with four developers in the area. He stated as he understands it, it was over lunch or
       luncheons and it was suggested that this would be a good use.

       DON LYSAUGHT, JR. stated his suggestion to the Council as the representative, is what
       type of study has been done to first of all determine if there is a need for commercial
       development or the other types of uses here and is this the right place for it. He stated
       that he does not think three or four people sitting down at lunch making this type of
       decision is the proper way for a City of this caliber to precede.

       DON LYSAUGHT, JR. stated they want to be a part of the solution here. He stated,
       again, they were not privy to any of that conversation and only well after the fact of this
       proposal coming to the City or to the Council, were the residents on Bell Road made
       aware of this. He stated subsequently, they were invited to attend the meeting and it was
       helpful. He stated his question is why was the other property owners on Midland not
       involved in this process from the get go. He asked why is it that three or four people sort
       of pushed that ball and all of a sudden this is what is recommended before there is that
       input and that is his first question.

       DON LYSAUGHT, JR. stated he thinks, and asked Planning Director Chaffee to correct
       him if he was wrong, but Planning Director Chaffee indicated there are four people, who
       he will call realtors/developers, who have sort of indicated that this is their suggestion for
       this use. He asked Planning Director Chaffee if that is a fair comment.

       Planning Director Chaffee replied from the very beginning, Mr. Lysaught has misquoted
       how the process started and what happened. He stated he would be glad to get up again,
       as he did at the Planning Commission meeting and at the neighborhood meetings, a nd
       explain the process.
PA GE 24                              CITY COUNCIL MINUTES                          OCTOBER 22, 2007


       DON LYSAUGHT, JR. stated his question was simply, wasn‟t it four individuals with
       commercial or real estate interest that made the suggestion for this land, after some
       people brought it to Planning Director Chaffee or to staff to look at.

       Planning Director Chaffee replied the staff did meet with the persons that are invo lved in
       the real estate markets so they could get a feel for whether or not the staff‟s professional
       planning assumptions were correct or if they were headed in the wrong direction. He
       stated he thinks, as would any good planner would do, they sought input to validate or
       invalidate how they felt the best land uses would be along there.

       DON LYSAUGHT, JR. stated along those same lines, there has been no study done and
       essentially it is the opinions of these four individuals that this may be a good use.

       Planning Director Chaffee replied it is not the opinions of those four individuals, but the
       opinions of the professional planning staff after they do consultation not only with
       persons involved with the real estate market, but also with the traffic and City engineers
       regarding stormwater issues, floodplain issues, traffic volumes, and types of road
       constructions, so there was a whole myriad of factors that came into p lay.

       DON LYSAUGHT, JR. stated that gets back to his question, when all of this is going on,
       how come there is no input from the local citizenry – the neighbors. He stated they
       understand something may happen here, but would sure like to be involved in the process
       to help try to make that decision. He stated they have not been given that opportunity.

       DON LYSAUGHT, JR. stated by opening this door, and again he fully understands this
       is guidelines; it is going to make it a little bit easier for someone to come in and do
       something. He asked what is wrong with leaving it like it had been previously promised
       and if a project comes in, let it stand on its own merits. He stated that takes away a little
       leverage when a developer now comes in and says „this is what the guidelines indicate, so
       we are sort of to first base already‟, so what is wrong with leaving it just like it is and if a
       commercial development comes in, the City asks what they got and how good it is and let
       it stand on its own merits.

       Councilmember Sandifer stated he was under that indication when this was brought up
       and discussed with the Council, no matter what is on the Comprehensive Plan, until it
       comes before the Council, because he does not want a McDonalds there or some fast food
       place or an automotive repair shop. He stated he talked to City Manager Gonzales about
       this to make sure the Council has a say of what goes there if this is approved. He stated it
       is not going to be like they hear everyone talking about with the fast food or auto shop.
       He stated if this is not a quality build there, he is not for it and would assume that
       everyone here is not for it either.

       DON LYSAUGHT, JR. stated he understands that the Council has the right when
       someone comes in to call a lot of the shots if they are going to rezone. He stated he is
       saying the Council is giving up a right if they do this and it just makes it a little easier for
       that developer or that individual to come in and say, „This is where we want to go‟. He
PA GE 25                             CITY COUNCIL MINUTES                         OCTOBER 22, 2007


       stated his thought is that the City hold on to that and keep some of the leverage they may
       otherwise lose.

       DON LYSAUGHT, JR. stated part of the problem too, is that there has been a property
       for sale down there for over seven years and has been zoned commercial and never sold.
       He stated no one is sure why and he and Planning Director Chaffee have discussed it and
       expressed their opinions. He stated the reality is, there is a big chunk of land down there
       west of Bell Road that remains unsold. He stated the reality is that there is about 3,000
       square feet in the Reece and Nichols building that has been for lease for two years.

       Councilmember Sandifer stated there is a water issue on the one piece of property that
       Mr. Lysaught is talking about and makes it very difficult to build on at this time and he
       had not found the proper development to put on there, because he personally spoke to
       him about it.

       DON LYSAUGHT, JR. stated he may not, but for seven years it sat there. He stated
       some of the water issues have recently arisen.

       Councilmember Sandifer stated he knows that Mr. Lysaught is familiar with that
       situation.

       DON LYSAUGHT, JR. stated at any rate, he thinks it just underscores the point that he
       does not think anyone is beating down the doors right now to put something on that
       property.

       DON LYSAUGHT, JR. stated lastly he has some concern, because this Council has at
       least twice in the past that he is aware of and may be three times, the people out there
       have been told and they have been promised there would be no development east of Bell
       Road. He stated this would certainly open that up and that is not what they were
       promised. He stated the last time they were in here, and the Council probably does not
       like seeing them and they do not necessarily like being here, but they were told this
       should put an end to it and it hasn‟t.

       DON LYSAUGHT, JR. stated there are people there who have property and have the
       right to try to dispose of it as they see fit, but the vast majority of people who live out
       there, live there for particular reasons. He stated there are large lots and they have lots of
       room, good neighbors, wildlife, and sort of a little tucked away area away from the City,
       if you will. He stated people bought out there for a reason. He thinks very few people,
       even along Midland Road, bought that property thinking it will be commercial
       development one day and they can make a bunch of money. He stated whether they do or
       not, he does not know or frankly care.

       DON LYSAUGHT, JR. stated his point is that they thought it was promised to them that
       this discussion should not be taking place. He stated Mayor Meyers and Councilmember
       Goode were on that Council at that time. He stated there are just too many things that
       could go in there. He stated he appreciates Councilmember Sandifer‟s comments in that
PA GE 26                            CITY COUNCIL MINUTES                       OCTOBER 22, 2007


       he does not want a McDonalds or this or that, but the reality is if it meets the zoning
       requirements, some of those things can go in there and the City loses control over it, so
       that goes back to his original point – why give that possible leverage away. He stated if
       something is going to go in there, it needs to be of the absolute highest quality and
       something that minimally impacts the neighborhood.

       DON LYSAUGHT, JR. stated there is really no reason to do this, other than apparently
       there is some pressure to make this a commercial development.

       Councilmember Sandifer asked if the City has say over that property.

       City Manager Gonzales replied any time a plan would come in, the Planning Commission
       would review it, and there would be a public notice and a public hearing on the rezoning
       first and the site plan and the project.

       Mayor Meyers stated he thinks many times what happens, when they do not have
       something that is shown in the Land Use Guide, it does not necessarily attract some of
       those people that want to develop an area because of their concern to spend the money in
       the process and then be turned away for the simple reason that it was not part of the Land
       Use Guide. He stated many times a development will take place or give the impression
       that it is something that is more acceptable to a Council when it is shown on the Land
       Use Guide as a vision of what could take place.

       Councilmember Distler stated what she is hearing here, is making her think of the Grey
       Oaks deal where a big box store was approved and the developer decided to put a Wal-
       Mart there and the residents did not want the Wal-Mart, the City Council did not
       necessarily want the Wal-Mart, and the City did not necessarily want the Wal-Mart, but
       because they put on there that they could put a big box store on that property, they could
       put it there and the City did not have any say so in that situation.

       City Manager Gonzales stated that would be other rezoning, but this is just the Land Use
       Guide.

       Councilmember Distler stated that is correct, but Mr. Lysaught is saying this is a step in
       the same direction and Councilmember Sandifer is saying that the City would not want
       something like that to go on this property. She stated if someone comes and says they
       want to put a big box store on that property, the City can not stop that from happening.

       Mayor Meyers stated they can stop it, unless it is zoned.

       Councilmember Distler stated once it is zoned for that it could happen. She stated Mr.
       Lysaught is saying this is a step process.

       City Manager Gonzales stated Planning Director Chaffee might clarify a little more for
       the Council what kinds of uses would be in the Planned Office Commercial.
PA GE 27                             CITY COUNCIL MINUTES                         OCTOBER 22, 2007


       Planning Director Chaffee stated with a lot of their discussion, they have talked about
       commercial, but commercial in loosest terms includes office, daycares, in addition to
       retail. He stated on the City‟s Land Use Guide, they have specific designations which are
       shown in pink for office service and this is not a place where they would want to
       encourage commercial retail (in red), or they also have a designation that is called office
       retail which is a red stripe designation.

       Planning Director Chaffee stated what was shown on the Land Use Guide, is to basically
       let folks know that the City is not looking for commercial development, but for an office
       service-type development. He stated a service development could be a hotel, for
       example, a daycare facility, or a bank – something along that line. He stated anyone can
       throw out the word commercial as being all those things, and quite frankly how the
       County appraiser does their appraisal, offices are tossed in with commercial, but with the
       Land Use Guide, they are looking for more of an office service and they should note that
       the word „office‟ comes first, rather than service.

       Planning Director Chaffee stated how this whole thing started, is he believes a group of
       residents contacted the City Manager, Mayor, and perhaps some Council persons
       regarding a desire to take a look at the Land Use Guide along Midland Drive, since it had
       not been looked at since 1995 and the road was now complete and they had sort of a good
       feel for traffic and Wedgwood had been developed which was the last large piece of
       ground along Midland Drive/75th Street. He stated the staff has had a good feel for what
       the traffic patterns would be and there is not anyone else who will be coming from the
       south hooking into this area, because they have Little Mill Creek and there are no
       crossings.

       Planning Director Chaffee stated during the early evenings, it was indicated to some
       residents that if they would like the City to look at it, perhaps the best way to do it would
       be to write a letter to the Mayor, City Manager, and Council persons asking that the
       Planning staff take a look at the Midland Drive corridor. Once again, the staff did receive
       between 10 and 12 letters and he knows at least one person on Bell Road made the
       request and there may have been two people, but is not sure. He stated that is how the
       ball got rolling.

       Planning Director Chaffee stated the staff is required to review their Comprehensive Plan
       on an annual basis. He stated it is always good to go back and take a look at areas as
       things change and roads develop. He stated if the State legislature wanted the City to
       develop a Comprehensive Plan and leave it be, and that was the way it was going to be
       forever, then they would not have to do a review on an annual basis, so it is a flowing
       document.

       Planning Director Chaffee stated in the case of a Wa l-Mart, that would require some
       Commercial Highway zoning, they are not looking for it, so if that type of a proposal
       would come forward, they would certainly say it was not in compliance with the Land
       Use Guide and the staff would recommend it be denied a nd a Council may decide they
       wanted to go ahead and do it anyway. He stated that is certainly how it goes and Mayor
PA GE 28                              CITY COUNCIL MINUTES                           OCTOBER 22, 2007


       Meyers is correct, in that when property owners themselves or developers come in to
       develop vacant ground or redevelop their properties, they take a look at the Land Use
       Guide. It is a City blueprint and policy for the future, and a lot of the developments do
       not want to fight the City if it is not in an area where the City would like to see a certain
       type of development occur. The developers do not want to proceed and have all the plans
       drawn up for something that appears to be policy-wise that the City does not like.

       Councilmember Sandifer asked what types of businesses are allowed in the pink area.

       Planning Director Chaffee replied it depends on the service. He stated if a rezoning came
       in, it would most likely be a PO (Professional Office) or a POC-type zoning.
       Professional Office zoning is similar to the property up at Long and Shawnee Mission
       Parkway by the building with the insurance guy and the financial advisor and behind
       there is the little doctor‟s office. He stated that is PO zoning. He stated POC zoning is
       something like Westglen or across the street over by the courtyard, so it is a planned
       district, so they also know what uses are going to be and that is approved as part of the
       zoning, which is the difference between the traditional zoning in the district and planned
       zoning.

       DON LYSAUGHT, JR. stated he guesses they could sit here and say if they do this, if
       they build it they will come. He stated his suggestion is if it is good enough, they are
       going to come anyway. He stated he really does not think any developer that thinks they
       have a project that they want to put in that area is going to be frightened off by the fact
       that the guidelines don‟t say it is there. He stated if it is a good project they will take it to
       the City and the Council can address it.

       DON LYSAUGHT, JR. stated his concern and some of the other residents concerns are
       that there is no reason to change this, as there has not been anything that has gone on
       Midland since 1998 when they last had this discussion that has changed.

       Councilmember Straub asked Mr. Lysaught if he thought that was because they had the
       Land Use Guide the way it is.

       DON LYSAUGHT, JR. answered no. He stated there is commercial space sitting there
       right now that is vacant. He stated he understands, to some extent, the problem with the
       end of Bell Road now to the west side because of some of the flooding requirements and
       such, but for nine (9) years and before some of those regulations went into effect, there
       was absolutely nothing that occurred there.

       DON LYSAUGHT, JR. stated his point is simply if it is good enough that the Council
       thinks it is worthwhile, and then get the residents involved and let the developer bring it
       to the Council. Why open the door, so to speak. He stated he fully understands that the
       Council still has the right to approve or disapprove the rezoning, but he is troubled by the
       fact that a commitment was made by the Council. He stated he guesses it is easy to say
       that was a prior Council, but prior Councils enters into IRB and makes other
       commitments that are required to be upheld.
PA GE 29                            CITY COUNCIL MINUTES                       OCTOBER 22, 2007




       DON LYSAUGHT, JR. stated he does not think he [they] are being unreasonable, but
       simply want to be involved with the process. He stated there has not yet been a good
       argument put forth yet, why anything should change. He stated he would be happy to
       address any questions.

       Councilmember Goode stated there is a lot of mixed use in that area today, so that is why
       he is recommending this.

       DON LYSAUGHT, JR. stated there is mixed use to a point, but nothing east of Bell
       Road.

       Councilmember Goode stated on down Midland there is mixed use. He stated there are
       houses in there now and nice houses going in. He stated when he voted to zone that type
       of development, he said the only reason he would approve this was if someone came in
       with some recommendations for different types of zoning and he said he would try to
       support it and is why he approved those homes. He stated a lot of people did not want the
       homes, because he thought it was going to come with commercial development.

       Mayor Meyers thanked Mr. Lysaught for his comments.

       MIKE FOWKES, 29200 W. 115th Street, Olathe, Kansas, stated he owns the property at
       the corner of Midland Drive and Bell Road. He stated he has to say that he agrees with
       the unanimous decision by the Planning Commission to change the future Land Use
       Guide to appropriate a higher use zoning for that area. He stated he can not disagree that
       changing the Land Use Guide does not some way indicate that a higher use for that area
       is inevitable. He stated he also can not see the City not changing the Land Use Guide, if
       they know that that area is going to be of a higher use in the future.

       MIKE FOWKES stated the Land Use Guide is an invaluable tool for a city to plan for
       future development. He stated it also allows residents in the area and future property
       owners to know what is going on or what the city has envisioned.

       MIKE FOWKES stated the people on Bell Road say they did not get any information
       about this or did not know about it and he would have to disagree, because he has been
       involved with future Land Use Guides in other cities and has never once had a city mail
       him a letter or have been known to mail anyone a letter stating that they were going to
       change a future Land Use Guide in a certain area. He stated that was something that
       people have to know is going to come up on the agenda, have to keep up with it, and
       usually have to show up on their own.

       MIKE FOWKES stated the City, as far as he is concerned, did do that in this case and
       asked if they have ever done that before.

       Planning Director Chaffee answered they never have before.
PA GE 30                            CITY COUNCIL MINUTES                        OCTOBER 22, 2007


       MIKE FOWKES stated the City has gone out of their way to make sure that people on
       Bell Road knew what was going on and what the future land use might be.

       MIKE FOWKES stated the other thing is that higher use on Midland Drive, as far as he is
       concerned, is inevitable. He stated the people that live on Bell Road might live in a
       tucked away area, but he owns property on Bell Road and it is no longer tucked away.
       He stated it used to be tucked away, at least 20 years ago when he bought the land. He
       stated now there is a five lane road with a turn center lane and sidewalks on both sides,
       bike lanes on both sides, streetlights on both sides, and far from being tucked away.

       MIKE FOWKES stated the theatre was added onto and later after the „no development
       east of Bell Road‟ issue was brought up and Blackfish Parkway was put as a through road
       after that promise was brought up, the higher density to the east of the theatre has been
       established since that time, which is, in his opinion, east of Bell Road. He stated I-435
       has gained a lot of traffic with Nebraska Furniture Mart, the race track, and other things
       that happened to the north of where people are coming from the south and has increased
       immensely.

       MIKE FOWKES stated the future Land Use Guide, if the City envisions a higher use,
       should be changed to appropriate that vision. He stated he does not think the City does
       anyone favors by knowing a piece of property or certain section of property is going to be
       used in a higher way and then does not change the Land Use Guide to reflect that. He
       stated it just does not do anyone a favor. He stated he knows people do not like change
       and he did not like the changes as they were happening in front of him over the last 20
       years, but it is something that he has to realize is good for the City and good for the
       community and something he is just going to have to put up with.

       MIKE FOWKES stated he thinks this is a compromise and it could have been retail land
       use – potentially. He stated he thinks a 9 to 5 business land use is a great use for this
       particular area, based on residents that do not want higher uses. He stated 9 to 5
       businesses are there when people are at work and not there when people are at home in
       the evenings or on the weekends. He stated in his opinion, this is a gre at compromise and
       not something that has been done on any kind of a greed basis on the City‟s retail basis or
       any other thing and thinks it is just good for the community and not as bad a place as
       people might think.

       KRIS PRICE, 15563 Midland Drive, stated she has actually been emailing Mayor Meyers
       and City Manager Gonzales. She stated she did not get a response to her last email when
       she specifically requested who, what, where, or when did they do the survey. She stated
       her email asked who the developers were and who these real estate professionals that did
       this were.

       KRIS PRICE stated the reason for her request, is that they just purchased this home back
       in February or March of this year. She stated they moved one- half a mile from Autumn
       Park to purchase this property because of the way the land is. She stated her husband
       contacted Planning Director Chaffee as to what the zoning was, because they were not
PA GE 31                           CITY COUNCIL MINUTES                       OCTOBER 22, 2007


       going to make that kind of investment knowing it was going to change. She stated the
       response they received on both occasions was that there was no plan for change. She
       stated that is why she wanted to know when the request was made, so was she
       deliberately misled or inadvertently misled as to what the use was. She asked if that is
       public information, as to who requested or who the one who performed that was and
       when and what were the results.

       Planning Director Chaffee responded that he believes that the initial contact with the
       Mayor and City Manager were probably in March or April of 2007 – earlier this year.
       He stated as he indicated to the audience at the Planning Commission meeting, the
       individuals that the staff and SEDC talked to, and in that case they convinced him that
       maybe he was mistaken, but Jack Waters, because they knew that Jack had an extensive
       view of the City of Shawnee and how development had occurred and Jack is actually the
       only developer who was involved. He stated they also visited with Bob Johnson with
       R.H. Johnson, who is a major office/retail leasing company who could give them a feel
       for what types of businesses they could expect to see and what type of density.

       Planning Director Chaffee stated they had discussions with Dwight Medley who is with
       Rubinstein. He stated they have background not only in commercial and office, but also
       in some residential-type development and they visited with David Hinchman, who is with
       C.V. Richard Ellis and Mr. Hinchman not only has real estate knowledge in the Kansas
       City and Johnson County area with retail and commercial development, but also some
       industrial development. He stated they not only talked to him about the properties on
       Midland Drive, but visited a little about if they made changes, what affects would those
       may be have on other areas shown on the Comprehensive Plan for commercial
       development, office development, or medium density residential development, so they
       covered a wide variety of issues with those individuals to help the staff form one
       component before they made a recommendation to the Planning Commission to cons ider.

       Planning Director Chaffee stated when the Price‟s bought their property, a few years ago
       if they would have called and talked to him, he would have told them what the zoning of
       their property is, would have told them what the current Land Use Guide shows, which is
       low density residential development, and back at that time a few years ago, no, there was
       no indication that residents were going to come up in 18 or 24 months later and request
       that a review be made of the Midland Drive corridor.

       KRIS PRICE stated she is not talking about 18 months ago, but two months ago. She
       stated in their case they have precedence.

       Mayor Meyers asked Ms. Price if she talked to Planning Director Chaffee two months
       ago.

       KRIS PRICE clarified it was two months between when they bought the house and when
       they actually made the request. She stated they were looking at purchasing a property in
       October of 2006 and that is when they made their first request. She stated they did not
       actually purchase the property until when they closed in February 2007 and made another
PA GE 32                             CITY COUNCIL MINUTES                         OCTOBER 22, 2007


       request of what the zoning was, so that is a very short period of time to have a change
       made. She stated when they bought the property in Autumn Park, to the north of that
       area was all vacant agricultural.

       KRIS PRICE asked if the properties that are going to be built there, going to be equal or
       of greater value to what they already have. She stated they got attached homes and low
       income apartments, so the precedence from her and her husband‟s point of view, is what
       they were told and is completely different than what has come to fruition, so they have a
       little bit of a bad taste with what the City says they are going to do, in that they do not
       want a McDonalds or something similar. She stated it is a little tough for them to take,
       because they have been disappointed before.

       KRIS PRICE stated they saved all these development studies and asked if there has been
       any PO study. She stated she has deer in her backyard five feet from her house. She
       stated the wildlife is awesome out there, so what affect on the environment does this
       added traffic or emissions or added population have on the wildlife.

       KRIS PRICE stated it is sport for her and her family to sit in their kitchen and watch the
       police officers pull people over on Midland Drive. She stated they can see them stop
       someone, go to the other side of Lackman and come back and stop again. She asked if
       they are going to have to have police officers at every end to manage that traffic. She
       stated rarely are people doing 30 to 35 mph on that road, so they are talking about adding
       all this additional traffic and there is a huge population that uses the bike and pedestrian
       paths. She stated that is a great way to get back into the Mill Stream parkway. She asked
       what they are going to do to enforce the traffic on that road. She stated it is terrible now.
       She asked if there has been an EPA study and what affects is adding more structure going
       to do to their environment.

       Mayor Meyers asked Ms. Price if she is saying that the traffic on Midland Drive is
       terrible.

       KRIS PRICE replied it is terrible as far as speeders. She suggested doing a query to find
       out how many officers write their tickets on Midland, because there are quite a number of
       them. She asked if there has been an environmental study as to what effects would
       happen with more development on Midland Drive and is this something that was not
       taken into consideration.

       City Manager Gonzales replied it would not be something they would normally do as part
       of the Land Use Guide changes.

       KRIS PRICE stated that really perplexes her. She stated she had heard over and over that
       this is not zoning and they understand this is not zoning. She stated maybe some of the
       Council does not understand that, but they understand that. She stated they understand
       that this is not zoning. She stated as City Attorney Rainey so eloquently said, this is a
       step and it has already been proven that this step opens the door wide open for things like
       the Wal-Mart. She stated there is the movie theatre. She stated then they go in and add
PA GE 33                             CITY COUNCIL MINUTES                          OCTOBER 22, 2007


       the development on Midland Drive where they are going to build 11 homes on one cul-
       de-sac.

       KRIS PRICE stated one thing is being said, but when they set this guideline, they are
       opening themselves up to huge changes. She asked if the City is going to open these
       things up, are they not going to take into consideration what effect it will have on the
       environment. She stated that is perplexing to her. She stated the Council will hear, most
       likely from another gentleman who is also a developer, her husband and she was here at
       the Planning Commission meeting and there were at least a dozen citizens who came up
       and spoke. She stated only two were for this Land Use Guide and both of them happen to
       be developers and both of them happen to own property on Midland Drive and Bell Road.

       KRIS PRICE stated it is not always about the money. She stated they did not buy that
       piece of property to make a buck. She stated they bought that piece of property for a way
       of life to raise their family, so it is not always about the all mighty dollar.

       Mayor Meyers stated he would just say that some of the people who want to see the
       change in this Land Use Guide are not just developers and are also residents.

       Councilmember Goode concurred. He stated there are other people involved.

       KRIS PRICE stated she understands that, but again, it is not just about making money.
       She stated she heard one resident say, „I just want to sell my house‟, because frankly
       there is no way she will be able to sell her house in the condition it is currently in, so they
       are looking at it as a way to make a quick buck. She stated she has a lot more value of
       her property and her self of being, as to put a dollar on that piece of property. She stated
       it does not take any money to make a house look nice or keep it picked up, so if someone
       is looking to make a quick buck by changing the zoning, so it can get zoned to
       commercial or something else and the property value goes greatly advanced.

       KRIS PRICE stated she is looking around and as she put in her email, the discontent that
       she felt after that first meeting and after all those people got up and spoke with less than
       two minutes of deliberation, the Council unanimously voted for it and she is getting that
       same look tonight. She stated it is discouraging. She asked for questions.

       LARRY BRUNNER, 16154 Midland Drive, stated his property is one that would be
       affected by this Land Use Guide. He stated that his family originally moved out here in
       1954 to 64th and Lackman Road. He stated his parents bought a three bedroom home and
       two acres of ground for $12,000. He stated in the last 53 years, he has seen a lot of
       changes come to this area. He stated when they moved out there, Lackman Road was a
       gravel road. He stated the land where PetSmart is located was a hayfield. He stated the
       land where Target is located, was a wheat field. He stated as a young boy, he enjoyed
       hunting and fishing in a lot of these areas that are now developed.

       LARRY BRUNNER stated he used to play football where his present home sits. He
       stated at that time he would say there was maybe three or four houses on Bell Road. He
PA GE 34                            CITY COUNCIL MINUTES                         OCTOBER 22, 2007


       stated Mike Fowkes‟ home would be one of those original properties. He stated he has
       seen two major interstate highways be built. He stated he has seen Midland Drive, which
       was the old town highway and was two lanes, turn five lanes in front of his house. He
       stated the City is growing. He stated when they first moved out there, they were semi-
       country and he loved that. He stated he had a horse and they used to really enjoy it.

       LARRY BRUNNER stated when they moved to their present home 21 years ago, his
       wife and him were hoping to enjoy a little of that again. He stated that things have
       progressed, the City has increased, and development has happened. He stated it is not
       the same area as he had 21 years ago and he had a dream just like these other people.

       LARRY BRUNNER stated he has gone on and bought property and is moving, because
       he wants to be in the country again. He stated he thinks the things that the City has
       allowed along Midland Drive are excellent choices. He stated it started there on Renner
       Road when there got to be a little higher usage. He stated they have the convenience
       stores, restaurants, and everything else. He stated he thinks the City did a lot of thinking
       and thinking about the people in that area. He stated he feels very confident that anything
       the City does in the future will have the people kept in mind. He stated he does not think
       the City is going to allow anything that will disrupt things.

       Mayor Meyers thanked Mr. Brunner for his comment.

       JOHN PRICE, 15563 Midland Drive, stated he would like to clarify a couple statements
       made by Planning Director Chaffee. He asked if he is correct or incorrect in saying that
       Planning Director Chaffee said the Land Use Guide helps encourage people to come to an
       area and develop.

       Planning Director Chaffee answered that is correct. He stated if someone were to look at
       what parts of Shawnee they anticipate office development to occur, one of the tools they
       would use would go to the City‟s Land Use Guide to take a look at where they show
       those designations to be located, so yes.

       JOHN PRICE asked Planning Director Chaffee if he also made the comment to the fact
       that if someone came and wanted to change their zoning to something not on the Land
       Use Guide, it would be easier to say that they were not in compliance with it and tell
       them no.

       Planning Director Chaffee replied what staff‟s position has always been, at least since he
       has worked for the City, is if a request that comes in that is not in compliance with the
       City‟s Land Use Guide, and he should not say always because probably 98% of the time
       they have recommended denial of that rezoning request. He stated whether the Planning
       Commission follows that guidance or not, because the Land Use Guide is one of the land
       use tools used in the City and one of the factors considered when a rezoning is proposed.

       JOHN PRICE stated with regard to the businesses that can open up, and 9 to 5 businesses
       were mentioned earlier, but that is not true. He asked if that is correct.
PA GE 35                             CITY COUNCIL MINUTES                          OCTOBER 22, 2007




       Planning Director Chaffee stated he supposes a doctor‟s office could have a 24 hour
       surgery center type thing or an insurance agent who is open until 9:00 p.m. at night.

       JOHN PRICE asked about a hotel or a motel.

       Planning Director Chaffee replied that could happen conceivably, if something could fit
       on the ground and if it were properly buffered, screened, and me t all the requirements;
       that could potentially locate in a pink area on the Land Use Guide.

       JOHN PRICE asked Mayor Meyers how this change improves the quality of Shawnee.

       Mayor Meyers replied he thinks there is the possibility of broadening a tax base that will
       keep property taxes or raising taxes at a minimum.

       JOHN PRICE stated when he talked to Planning Director Chaffee earlier, tax base was
       not supposed to be a consideration for the Land Use Guide.

       Planning Director Chaffee stated it is not for rezoning of property and that is not a factor
       that the State considers for rezoning of property – that is correct.

       JOHN PRICE stated so looking at the Land Use Guide, you are looking at it for zoning
       too.

       Planning Director Chaffee answered no. He stated this is not anything to do with zoning
       and they are not changing zoning on any person‟s property. He stated people would have
       to come back in at a later time with their proposal and each one is considered on its own
       merits.

       JOHN PRICE stated that is correct, but if they are looking at a tax base like the Mayor
       just said, this is the first step to the zoning, which is a tax base issue.

       Planning Director Chaffee stated he thinks they would be fooling themselves if they said
       that by providing more areas in the community for, be it retail, industrial, or office
       development, they are not providing opportunities to expand the City‟s tax base. He
       stated he thinks that is a correct assumption and thinks that is one of the things the
       Governing Body has to do, rather than sit there and think that the City can rely on
       residential development to provide the best quality community they need to have. He
       stated he thinks it is part of the Council‟s obligation to make sure that there is a variety of
       locations in the community that a variety of uses can go into and try to strike some sort of
       balance for that to happen.

       JOHN PRICE stated he has seen the community survive for eons, going back 20 years,
       without any other businesses there, so he does not see why they need to make a change
       now and does not see how it will improve the quality of the City. He stated businesses
       can open up in other places, Shawnee Mission Parkway specifically, where that has
PA GE 36                             CITY COUNCIL MINUTES                         OCTOBER 22, 2007


       obviously been designated commercial and very strong commercial which still has a lot
       of empty spaces. He stated he still does not understand how this possible change, which
       is the forefront to change the zoning, will change the quality of life for the people in
       Shawnee.

       Mayor Meyers stated he thinks any time there is the possibility to bring in new business,
       office, or retail, that is part of building a community that is going to provide as much
       quality that residents look for many times. He stated people move to a certain area or
       community because of what is there and what opportunities are there for them to take
       advantage of. He stated he sees there being a great deal of improvement through having
       a plan and having a vision for what will create the community to be able to survive.

       Mayor Meyers stated he thinks one of the most important factors in a community many
       times is taxes and a tax base. He stated he thinks that is something they hear consistently
       on this City Council and has for as long as he has been involved in city government close
       to 15 years now.

       Councilmember Straub stated he agrees with Mayor Meyers and it is not all about tax
       base. He asked Mr. Price if it is more convenient for him to eat at Paulo and Bill‟s or
       Jose Peppers or go to a doctor‟s office or dry cleaners or an insurance office close to him,
       rather than going out to Olathe or some place else. He stated he likes going to restaurants
       and to places close to his home. He stated he likes that these places are in Shawnee.

       Councilmember Straub stated they are not looking to put a Wal-Mart at this location, as
       there is not enough ground and that would come back before the Council. He stated there
       are some businesses that would improve the value of the area, not necessarily financially,
       but to be able to drive 3, 5, or 10 minutes to a doctor‟s office or a chiropractor who may
       not be 9 to 5, but 8:00 a.m. to 8:00 p.m.

       Councilmember Straub stated he agrees it probably would not be best to put a McDonalds
       there, but they will determine that when they go to rezone it. He stated it does improve
       the value of the area and the lifestyle. He stated he does not know how often Mr. Price
       even goes down to those shops, because when they came to Shawnee, and he was not
       here at that time, but he understands there was a lot of people who lived here that did not
       want those shops there. He stated he has a feeling that a lot of people who said that now
       go eat at those restaurants or go use those dry cleaners or the gas station or the movie
       theatre – things that at one point they said they didn‟t want it, but now think it is nice to
       be able to walk down the street and go to Barley‟s and have dinner.

       JOHN PRICE stated he uses those shops and there is no doubt about it. He stated when
       he lived in Autumn Park, the street was not a through street originally, but became a
       through street. He stated it became very convenient for him to go to Home Depot and
       Lowes on those streets, but he would still have preferred it not go through. He stated just
       because it is there and he uses it, does not mean he necessarily likes it there.
PA GE 37                             CITY COUNCIL MINUTES                         OCTOBER 22, 2007


       Councilmember Straub stated the question was if it improves the City. He stated it does
       improve things and Mr. Price said it made it easier for him.

       JOHN PRICE stated it makes things easier, but he would rather not have it. He stated it
       was a detriment to the quality of his life at that residence.

       Councilmember Straub stated he understands there are pluses and minuses on both sides.
       He stated they will find that in any situation. He stated if they put apartments at that
       location that would be a plus to someone and a minus to someone else. He stated it
       would be a home to someone and it would be the „bad people who live in apartments‟ to
       other people. He stated some people think the people who live in apartments are bad. He
       stated he has lived in many apartments and some people think he is bad. He stated no
       one is here complaining about what is going in there. He stated they are complaining
       about what could go in there. He stated Mr. Price is right, „it‟ could go in there, but until
       they get to that point, that is when they say they do not want „XYZ‟ there, but at this
       point, they are not putting XYZ there.

       Councilmember Straub stated he does not think anyone in their right mind would think
       they want to put a Nebraska Furniture Mart right there in the middle of Wyandotte
       County – but boom, they put a race track here and now all these people are coming here.
       He stated they are sitting back going „wow‟ now. He stated they put all those things on
       that property, because they thought it might attract someone. He stated they did not say,
       „No, we don‟t want you here‟. He stated he does not know if Mr. Price goes to those
       places or if it is more convenient for him to go south, but that is how a city grows.

       Councilmember Straub stated the City of Lenexa has been very pro-commercial and have
       a lot more businesses than Shawnee. He stated Shawnee has a lot more houses and that is
       what this city is used to and it is hard to change, but there are pros and cons to every
       situation. He stated he understands where Mr. Price lives and if he was in his house, he
       would probably feel the same way, but the Council has to look at the City as a whole and
       not just the people who live on Bell Road or the people who just live on Midland Drive.

       JOHN PRICE stated like the lawyer brought up earlier, why not make it as hard as
       possible for someone to open up a business and if the City does not want it, they can say
       NO.

       Councilmember Straub stated that is what they would have done with a Nebraska
       Furniture Mart or anything else over there.

       JOHN PRICE stated by changing the Land Use Guide, the City is making it easier for
       them.

       Councilmember Straub stated that is correct, because the City wants to attract certain
       businesses. He stated Nebraska Furniture Mart probably would not have built something
       there, until something else was built that attracted them there. He stated Cabela‟s
PA GE 38                             CITY COUNCIL MINUTES                         OCTOBER 22, 2007


       probably would not have shown up there if they didn‟t have something there already that
       attracted them there.

       Councilmember Straub stated as a real estate agent and someone who works with
       developers, looking at Lenexa‟s Land Use Guide they ask where they can put houses. He
       stated they look at the colors on the map and ask themselves where they can put
       commercial and apartments. He stated if it is not the right color, they do not say, “I really
       want to put it here so I am going to spend $50,000 to do design, engineering, and plans
       and then I‟m going to go before the Planning Commission and try to change the Land
       Use Guide”. He stated the Planning Commission would ask them why they spent all that
       money, because they were told from the beginning they do not anything but „this‟ there.
       He stated they may think it is a great project and appreciate the developer spending
       $50,000 on the design, but they would never in their right mind change the Land Use
       Guide to meet something like that.

       Councilmember Straub stated what they are doing ahead of time, is deciding what will be
       a good spot for a certain type of business. He stated the Planning Commission, Planning
       Director Chaffee, and the Planning staff got together and decided to change it. He asked
       if they want to change it because they want to make a quick buck on their house and
       answered, he does not know – maybe, but it is their property, their investment, and they
       should be able to make that decision for whatever that decision is for them. He asked if
       they are bad people because they want to make an extra dollar. He answered no, because
       he does not know of anyone who wants to lose money on their property. He thinks that is
       basically what some people are afraid of; that their property value will go down. He
       stated it may and it may not.

       Councilmember Straub stated the staff is suggesting making these changes, because that
       is what the Planning staff and Planning Commission recommended. He stated as a big
       picture for the City, it will improve the City by having more commercial. He stated not
       only will it bring in more tax dollars, and it will and is something they look at, but also
       brings in convenience – restaurants and offices, so people can live, work, and play
       instead of live some place and go work some place else. He stated it brings jobs.

       JOSH TURPIN, 15815 Midland Drive, stated he has been in front of the Council several
       times. He stated previously once whenever they were talking about rezoning and does
       not remember where it ended up as far as number of lots are concerned, but directly
       across from his property, there are 17 lots put in there. He stated it is strange that he is
       standing up here right now saying he is 100% for the change in the Comprehensive Plan,
       because at that time he was 100% against the change.

       JOSH TURPIN explained that the reason being was because that change was for low
       density residential. He stated if at that time they were looking to plan that multi- family
       or high density he would have been all for it, because he thinks that is a better use for the
       property. He stated that is a minor thing that he just wanted to point out.
PA GE 39                             CITY COUNCIL MINUTES                         OCTOBER 22, 2007


       JOSH TURPIN stated one thing he would like to mention, is if people really knew what
       this meant, because he is a developer. He stated they do residential, multi- family, and
       retail. He stated he knows what this means and knows deeply what it means. He stated
       he has to deal with rezoning and has dealt with master plans. He stated he has lost deals
       because it did not meet a City‟s master plan. He stated those things happen.

       JOSH TURPIN stated he feels if everyone here really knew what it really meant and that
       this was not necessarily rezoning of property, because the City is not saying they want the
       residents to sell their property or turn a quick buck and are not forcing people to sell their
       property or forcing any building, he thinks people would really know that there is really a
       legitimate concern.

       JOSH TURPIN stated he has sat up here and listened to many Council meetings
       numerous reasons and has yet to hear a really valid argument as to why they would not
       make this change. He stated some of the arguments he heard and will not bring up all of
       them that were covered at the Planning Commission meeting because they are running
       late this evening, is that it would affect property values. He stated as Councilmember
       Straub said, that is highly unlikely that would happen and would anticipate that exactly
       the opposite would happen.

       JOSH TURPIN stated one of the other things that people had mentioned without
       elaborating or reading all his notes, is that they were not properly informed. He stated
       that he as a resident and many of the residents up and down Midland Drive have been
       well informed. He stated he will back up what Mike Fowkes said, in that the City did a
       great job informing everyone and thinks it was way above and beyond what any other
       city would do for someone – for a group of people.

       JOSH TURPIN stated 12 years since this plan was looked at last, a lot of things have
       changed. He stated he is sure a lot more things will change in 12 more years. He stated
       he thinks it is important that everyone out here knows the changing of this
       Comprehensive Plan is not rezoning the property. He stated it takes a lot of time, effort,
       and money to develop a property. He stated rezoning can be arduous and is generally
       actually for them one of the later steps in the process of developing a fter they have put
       bundles of money into surveys, environmental impact analyses which is something that is
       done later on in the process whenever it comes to actually planning it. He stated those
       things cost a lot of money and a lot of people drive around and say, “Wow, when did that
       go up, because it went up so fast‟. He stated people do not know that three years may
       have gone into planning that development. He stated part of that planning is meeting
       with the City to make sure that the quality of the project is up to par for the area.

       JOSH TURPIN stated his point is, if someone has an office building or an apartment
       building go up next to them, they live in a nice area of Johnson County and in a nice city.
       He stated he would guess based off of what the staff has said, that the City is most likely
       not going to let something go up that will impede on anyone‟s way of life or have a
       negative impact on them in any way. He stated the City will require adequate buffers,
       quality design, and the bottom line is that even though the Comprehensive Plan is
PA GE 40                             CITY COUNCIL MINUTES                        OCTOBER 22, 2007


       changing, the people are not going to see development on these properties for a long
       time, as it will take a little while for someone to assemble enough properties to even
       make something work.

       JOSH TURPIN stated he thinks they stated at the Planning Commission meeting that
       they would require larger parcels to be developed, before they would allow the rezoning
       of a property, so he does not think they are going to see a McDonalds thrown in next to
       these residents. He stated he is sure that the City will take into consideration everyone‟s
       request when it comes to that time.

       JOSH TURPIN stated another thing he keeps hearing is that the Planning Commission
       has not researched this issue enough. He stated it was mentioned in previous meetings
       that the City should spend some more money and do some more analysis on how changes
       will impact an area and what the best use of the property really is. He stated this issue
       has been in front of the Planning Commission and the City Council many times. He
       stated he would say that generations of councilmembers have met on this particular area.
       He stated he knows some of the people that Planning Director Chaffee had mentioned on
       a very personal level. He stated he knows some of the properties that people are talking
       about.

       JOSH TURPIN stated he knows that this is a top notch, All Star lineup of people, when
       he heard the names of the people that the staff has spoken with. He stated he knows that
       they have met with some of the top people and these determinations will be weighed very
       heavily in the impact of the City.

       JOSH TURPIN stated it is also important to note that these developers did not approach
       the City, but that the City approached these developers for their advice. He stated the
       City selected experts in the field – great experts. He stated they have also established that
       to the best of everyone‟s knowledge, at least everyone that he has talked to along
       Midland Drive, that there are and were no known contracts or verbal negotiations with
       any of those developers on the properties and thus no ulterior motive to provide advice
       that maybe would not be in the area‟s best interest.

       JOSH TURPIN stated the use of the land in the area has come into question several times
       over many years. He stated the City is now answering the request of landowners in the
       area and simply are taking the necessary steps to make inevitable changes. He stated they
       are doing in, what he can tell, in the best possible way. He stated to analyze this issue
       any further would simply be a waste of the City‟s tax dollars. He stated he thinks
       everyone can see that change is inevitable and is going to happen and this is obviously
       the next step to make it happen.

       JOSH TURPIN stated in closing, he would like to simply reiterate that he, along with a
       lot of folks and just like Mr. Lysaught he has talked to a lot of people who have asked
       him to come in their stead, he believes that the plan being put in place is one that will
       serve the people of Shawnee and the City‟s plan for expansion well. He stated he also
       believes that he would like to restate the same thing he said at the last meeting, that he
PA GE 41                            CITY COUNCIL MINUTES                         OCTOBER 22, 2007


       thinks the Planning Commission and the City Council have hit a home run and have done
       a great job with this plan.

       Councilmember Sandifer stated he is representing the people in Ward IV. He stated he
       has been notified over the last two years by probably 15 to 17 people about this particular
       area on this subject. He stated he has had about five who were against it and the rest
       were for it, so he has to side with the majority, because that is his job. He stated most of
       the people have contacted him probably in the last five or six months.

       Councilmember Distler stated that is interesting, because the majority of the people who
       have contacted her have been against this. She stated the thought she had with Mr.
       Turpin, because she has been reading through his previous emails over the past week, and
       would put the thought in his mind when he says he thinks that things will be done in the
       best interest of the residents and what they want, she would ask if the Council voted his
       way last time.

       JOSH TURPIN answered they did not.

       Councilmember Distler stated then he can not predict that. She stated the plan might
       sound great, but he can not predict what is going to come forward and can not predict
       what they are going to vote on and what they are going to put there.

       JOSH TURPIN stated the plan helps facilitate all that.

       Councilmember Distler stated it facilitates, depend ing on which way one wants to go and
       they may facilitate that and what comes before the Council is something Mr. Turpin may
       not be for.

       JOSH TURPIN stated then he would have to live with that decision and he did.

       MARVIN STOKER stated with regard to Mr. Turpin‟s last statement, he said the City
       would not let the projects go forward that have negative impacts on people‟s properties
       and stated, yes they do.

       DON LYSAUGHT, JR. stated he would like to clarify a couple comments that he
       believes were either taken out of context or just incorrect. He stated when Mr. Fowkes
       was speaking, he does not reside there and has not for 7+ years, he thinks. He stated it
       was also indicated or the influence was left that the people on Bell Road were made
       aware of this. He stated they were not made aware of anything going on there, until
       perhaps two or three days prior to the meeting at the Reece and Nichols‟ office. He
       stated that Councilmember Sandifer said that he has been receiving information or emails
       from people about this and he did not personally know anything about his personally until
       about two months ago or does he think any of his neighbors knew about it until that time.

       Councilmember Sandifer stated the information that he as receiving was people
       requesting this.
PA GE 42                             CITY COUNCIL MINUTES                         OCTOBER 22, 2007




       DON LYSAUGHT, JR. stated he thinks staff gets very cognizant at this point in time of
       some of the people along Bell Road and some people along Midland Drive, but they did
       not know anything about anything until less than two months ago and like he said, two or
       three days before the meeting which was to take place at the Reece and Nichols‟ office.

       DON LYSAUGHT, JR. stated his last point that he wants to make, is that they are talking
       about while this show developers what they have in mind here, there needs to be a path or
       guiding map, but this Council on several occasions told them that they could believe what
       it said and that this was the end of it. He stated he wants all the Council to think about
       that.

       Mayor Meyers stated he was on the Council many many years ago and remember people
       pounding their fists saying they do not want this and the Council told them there would
       be a day where they would come back to them saying that they do, in fact, want this. He
       stated that day came and he reiterated that several times to some of the people he talked
       to. He stated he thinks it was made clear again, the inevitable feeling that there was
       going to be development of this City over time and when they are talking about an area
       off of a major highway, the chances of that property remaining the same, it would be very
       difficult to keep that property like that for a time throughout the future.

       Mayor Meyers stated he will say that the Council held firm for many years and there
       becomes a time, he believes, where they have to start looking at the community as a
       whole and get an understanding of what is going to take place and when they have some
       of those very same property owners coming forward requesting change, he thinks the
       Council would be lacking in their duties to provide potential growth and vision to the
       community that would be beneficial to everyone as a whole.

       DON LYSAUGHT, JR. stated he appreciates and respects that Mr. Mayor, but finds it
       interesting that all these years nothing has happened and he does not know about it on
       absolute fact, but has it on pretty good authority right now that there is a contract for a
       proposal to go in there at that corner, roughly five acres down at the northeast corner of
       Bell Road, and that is really what is driving this whole thing. He stated why not put that
       project out there right now and why go through anything about „this is the guidelines‟.
       He stated he would go back to his original point, if it is a good enough project, then let it
       stand on its own merits. He stated they should not be discussing these guidelines. He
       stated if there is a project out there and he strongly believes there is, then bring it on and
       let‟s talk about it.

       Councilmember Sawyer he has sat here and heard all this conversation about changing
       the Land Use Guide. He stated he would love and knows that Planning Director Chaffee
       probably does not have this, but would love it if they had a Land Use Guide to look at
       from 25 years ago. He stated the Land Use Guide from 25 years ago would not have all
       the yellow on it. He stated it would be agricultural, he believes, at least the vast majority.
PA GE 43                             CITY COUNCIL MINUTES                        OCTOBER 22, 2007


       Councilmember Sawyer stated he does not believe that any of them can help the fact that
       people move to Shawnee, that developers have built homes for people to move to
       Shawnee. He stated when people move to a city and Shawnee has a Land Use Guide and
       thinks they are very willing to share it with anyone if they ask. He stated he makes it a
       point when talking to someone to have them go look at it. He stated they also owe it to
       the citizens who live in all of these residential areas to allow commercial to come in, that
       they will most likely use or work in, to have some way to show how that is guided to help
       it fit into these neighborhoods that they allowed.

       Councilmember Sawyer stated he moved here 35 years ago and all the residential out
       west was not yet there. He stated he looked at a piece of property out there that was
       approximately 40 acres and decided at the time that he could not afford it, so he moved in
       further to Shawnee. He stated they can not help it that people move to Shawnee and
       other cities. He stated he believes that he is right in that the Land Use Guide would look
       nothing like it does today on residential alone, far be it the commercial that has been
       added on a yearly basis.

       LARRY BRUNNER stated this meeting that Mr. Lysaught keeps referring to is one he
       attended. He stated if his memory serves him right, Marilyn Brittenstein was sitting in
       for the Mayor and emotions were very high that night and the comment was made, “If
       you people want to stay residential, that is what is you are going to do”. He stated John
       Sawyer stood up and said they can not do that; they can say never.

       LARRY BRUNNER stated the only other thing he wanted to say, is when all this
       building started on Midland Drive, Red Oaks were here by the droves. He stated right
       now they have the Hereford House going in and he can venture to say that those people
       are not nearly in opposition of it as they were before. He stated he thinks sometimes
       people are a little afraid of what they do not know.

       Therefore the motion read:

        Councilmember Sandifer, seconded by Councilmember Scott, moved to amend the Land
       Use Guide along Midland Drive between Renner Road and Lackman Road. The motion
       carried 5-1, with Councilmembers Scott, Sawyer, Goode, Straub, and Sandifer voting aye
       and Councilmember Distler voting nay.

       Mayor Meyers stated Item No. 2 is to change the designation in a wedge shape between
       Old Monticello Road and the new alignment of Monticello Road south of 75th Street
       from Low Density Residential to Commercial. He believes this item is one that the
       Planning Commission recommended to deny at this time.

       Planning Director Chaffee stated that is correct.

       Councilmember Sandifer, seconded by Councilmember Scott, moved to approve the
       Planning Commission‟s recommendation to deny the change to the designation in a
PA GE 44                             CITY COUNCIL MINUTES                        OCTOBER 22, 2007


       wedge shape between Old Monticello Road and the new alignment of Monticello Road
       south of 75th Street from Low Density Residential to Commercial.

       Councilmember Straub asked why the Planning Commission did not want to move
       forward with this.

       Planning Director Chaffee explained he thinks the Planning Commission felt this was
       somewhat premature and in some of their discussions, the comments were that they may
       not be opposed to taking a look at the change in the future, but would like to see the street
       alignment and how it was really going to lay and then how it would land in the wedge
       and really fit into the property. He stated the staff had brought it up to be sort of
       proactive somewhat, but the Planning Commission felt it was premature at this time.

       Councilmember Straub asked if that is going to be the same boat they are in now with
       Midland, in that they should have done it way back when because people are not going to
       buy property in that area and if the City is planning down the road that that is going to be
       commercial, it does not have to be commercial if the Land Use Guide says it is going to
       be commercial. He stated they can always change it back, but if someone buys a house
       and says they were told it was never going to go commercial and the staff thinks it is a
       good place for commercial then he does not understand why they are holding it off and
       thinks they are putting themselves in a bad position down the road, just like with they are
       on Midland Drive now. He stated he voted for the 17 houses, because that is what the
       Land Use Guide said, even though he thought it would be best to have commercial and
       thinks this should go commercial as well.

       DIANE CLARE DONALDSON, 22206 W. 71 st Terrace, stated she was at the Planning
       Commission meeting on October 1st and will speak again tonight just about the same
       thing she did that night. She stated before she does, she wants to ta lk a little about her
       family and then talk a little about that meeting.

       DIANE CLARE DONALDSON stated that the Clare Family has been in the Monticello
       area over 60 years, 62 years in fact. She stated there has been someone living in the house
       she now lives in ever since her parents bought it in 1946. She stated her parents moved
       there in 1947. She stated she grew up there and this is her roots – Monticello.

       DIANE CLARE DONALDSON stated that Monticello was annexed into Shawnee much
       against the will of many people. She stated the area still is having problems with
       Shawnee telling them what to do and what not to do. She stated they still have problem,
       upon problem, upon problem of things being forced down their throats that they do not
       want.

       DIANE CLARE DONALDSON stated she wants to talk a little about democracy. She
       stated to the United States is a democracy. She stated the State of Kansas is a democracy.
       She stated Shawnee is supposed to be run like a democracy. She stated it is not her desire
       or was a lot of people‟s desire in Monticello to get swallowed up into Shawnee, but they
       are and have for many years. She stated if Shawnee is a democracy, then they are
PA GE 45                            CITY COUNCIL MINUTES                        OCTOBER 22, 2007


       Monticello‟s governors and rulers – the Governing Body of Shawnee. She stated as such,
       they are supposed to represent the people, so if they are representing the people, they
       should be listening to what the people say they want. She stated the people around the
       Monticello area do not want commercialism put in, in the wedge.

       DIANE CLARE DONALDSON stated the people in Monticello did not even want
       Monticello Road widened and never asked for that and never wanted it, but Shawnee is
       forcing that upon them too. She stated now not only are they taking out houses and
       people‟s homes where they have raised their families and she knows some of people
       laughed at her at the other meeting, but „you know what‟, the State is made up of cities,
       the cities are made up of families, and families are made up of individuals. She stated if
       the Council is not going to listen to the individuals who have lived there for many years
       and some not so long, as some people have lived there for 2 or 5 years, her family has
       lived there for over 60 years.

       DIANE CLARE DONALDSON stated she does not know what the Council p lans to do,
       other than bring in a lot of money to make the City bigger, richer, and the Council says
       „better‟, but it is not better just because the City gets more tax money. She stated they
       have lived in the country and had a very good way of life. She stated people lived out
       there and moved out there because they liked the country. She stated they did not ask to
       become a big city of Shawnee and did not ask for all the roads, improvements, street
       lights, sidewalks, and bike lanes, because they do not wa nt that kind of stuff. She stated
       if they wanted that kind of thing, they would petition the City and ask for better streets
       and more stop lights. She stated they would ask the City to put in bigger intersections and
       give them a whole slew of commercial development, because they want it and need it, but
       they don‟t want it and they don‟t like it.

       DIANE CLARE DONALDSON stated, as she said at the last meeting, is just what she is
       going to say now – if the Council is representing them, as they are representatives and
       supposed to be in a democracy, and then they need to listen to the people. She stated the
       people are the families who settled here, the people who are raising their kids here and
       have their homes here. She stated they are taking away at least two homes just to move
       the road. She stated they do not want the road moved and she doubts there is anybody
       except developers who want the road moved.

       DIANE CLARE DONALDSON stated the road does not have to be moved, but Shawnee
       says it has to be moved. She stated the people who live there do not want the road moved
       and do not need it moved. She stated they certainly do not need commercial
       development. She stated they have commercial development, which they did not ask for
       to begin with, within one-half a mile one way, a mile another way, a couple miles this
       way, and another mile or two this way. She asked why they need another commercial
       strip mall, because they don‟t. She asked why they need any more restaurants or any
       more dentist offices. She stated she does not care what they call it, they don‟t need this.
       She stated this is a residential area and they do not want any more commercial
       development in the little wedge between the old and new Monticello Road.
PA GE 46                            CITY COUNCIL MINUTES                        OCTOBER 22, 2007


       DIANE CLARE DONALDSON stated the Council needs to listen to them. She
       presented something from the Shawnee Dispatch October 3, 2007. She stated she was
       going to just read a little, because it was about the Planning Commission meeting. She
       stated the Council is asking why, why, why, so why no t just listen to what the people
       said. She stated the newspaper says about that Planning Commission meeting.

       Councilmember Straub asked if that is all the people of the City of Shawnee.

       DIANE CLARE DONALDSON stated those are the people who cared enough to come to
       that particular meeting and voice their opinions. She stated there were probably 20 to 25
       people. She asked Councilmember Straub to listen to her and please not interrupt.

        DIANE CLARE DONALDSON read, Keep your promises and don’t bring development
       that is not wanted or needed. She stated that is the first part in the article about the
       Planning Commission meeting. She read those were the messages of residents who
       showed up in force Monday on October 1st to protest changes to the City’s land use guide
       that would indicate the City supports commercial property moving further into the
       residential areas. The Shawnee Planning Commission held a public hearing to consider
       changes to the Land Use Guide which direct the City in future development of property
       and swayed to delay designating some ground as appropriate personal use on Monticello
       Road.

       DIANE CLARE DONALDSON stated it goes on to say that the residents all spoke who
       were here and some of their arguments were, that a change to commercial in the Land
       Use Guide would make it harder for another sort of development to come into the area or
       another idea was that the area was simply not appropriate for commercial. She stated
       she thinks that is definitely true.

       DIANE CLARE DONALDSON continued reading that the area is not appropriate for
       commercial, it is not wanted, and it is not needed. She stated that it goes on to say that
       the item drawing ire was the suggestion designating retail development for a 50 acre
       wedge created between the old Monticello Road and the new alignment of the road when
       it built south of 75th Street. Planning Director Chaffee said the City staff suggested that
       for consideration, because of commercial development, tends to come in at intersections
       at major arterial roads which 75th Street and Monticello Road will be. She stated they
       did not want that and they do not want some big arterial roads coming in and they are all
       against Monticello Road even being widened, changed, or moved, but Shawnee does not
       care because that is more tax money coming in and they can get that commerce in there.

       DIANE CLARE DONALDSON continued reading, but the residents said who came to
       the Planning Commission meeting, with the commercial developments at 83 rd and Kansas
       Highway 7 to the south, Shawnee Crossings to the north, there was no need for any more
       retail. One by one, all residents who addressed the Planning Commission, and she would
       day there was 20 to 25; all who addressed the Planning Commission about the change
       stated their opposition. Diane Clare Donaldson stated government leaders are supposed
PA GE 47                            CITY COUNCIL MINUTES                        OCTOBER 22, 2007


       to listen and are supposed to be for the people. She stated the people who live here do
       not want all these changes and if they are representing them, why not listen to them.

       DIANE CLARE DONALDSON stated that several commissioners agreed to change what
       was premature and that the issue should be looked at again in a year or more, not in three
       weeks, because this is three weeks from that meeting, not another year. She stated they
       are going to have to come back and do all of this again in one year, but they said they
       would look at it in one year, not in three weeks where they were going to bring this
       forward again and talk about it again and go through all of this again. She stated there
       are not 20 or 50 people out here now, because they thought they had it settled with the
       Planning Commission saying that they would delay it and not look at it again until one
       year‟s time was up.

       DIANE CLARE DONALDSON stated now the City is trying to get this started up again
       and this is three weeks later and not one year later. She stated Commissioner Jenkins
       said he did not see any reason why the property should ever be appropriate for
       commercial use if no one in this area wanted it and that the Planning Commission should
       make some sort of statement to that affect.

       DIANE CLARE DONALDSON stated other commissioners said that with two four lane
       roads in the area, they did see potential for commercial development, which they never
       did want the new Monticello Road to go in and did not vote for and still do not want. She
       stated the Planning Commission voted to table the issue until next year‟s review of the
       Land Use, not in three weeks from that meeting, but one year.

       DIANE CLARE DONALDSON stated she would just like to say, why do you, the
       leaders in Shawnee, keep pushing changes upon them that they do not want and they are
       the ones who live here and raise their families here and have their homes here that are
       going to be demolished. She stated, yes that is only two houses, two families, two
       families‟ properties, so what if it was one of the councilmembers‟ properties; wouldn‟t
       they be a little upset about it. She stated this is at least two and then they are going to
       take a lot of land from other people‟s yards, cut down a whole bunch of trees, and destroy
       the environment of the beautiful wildlife they have in their area which they do like. She
       stated she does not believe this environmental protection thing, with whatever this guy‟s
       name was, as she does not believe they consider that too strongly, because environment
       versus a lot more money in taxes and commercial development, because which one does
       the Council think will outweigh the other when the City of Shawnee votes.

       DIANE CLARE DONALDSON stated they are the people who live here, try to raise
       their families here, try to own their homes and keep them up, so why do the opposite and
       listen to them and govern them accordingly.

       DIANE CLARE DONALDSON thanked the Council for considering what they have all
       said. She stated she would end with the last sentence from the very beginning, Keep your
       promises to the people and don’t bring development that is not wanted or needed. She
       thanked the Council and said that she really hopes they will take into consideratio n some
PA GE 48                            CITY COUNCIL MINUTES                        OCTOBER 22, 2007


       of what she has said and what some of the other people have said at the Planning
       Commission meeting.

       Mayor Meyers asked Ms. Donaldson to clarify what said about the promises that were
       made.

       DIANE CLARE DONALDSON replied one promise was that she knows that Shelia
       Kostas and her family are one of the houses that are going to be destroyed. She stated
       before they ever built their house out there in Monticello, she and her husband went to
       the City Council and asked if the City ever planned to put a road on that piece of land
       they bought because they were planning to build a house there. She stated the Kostas‟
       were told, no, that there would never be a road put through there land there.

       Mayor Meyers stated he can assure Ms. Donaldson that the Kostas‟ never came before
       the City Council and asked that question or made that statement.

       DIANE CLARE DONALDSON asked Mayor Meyers how long he has been here on the
       City Council.

       Mayor Meyers replied since 1991.

       DIANE CLARE DONALDSON asked how many years is that?

       Mayor Meyers replied he has been part of city government for 21 years.

       DIANE CLARE DONALDSON stated she thinks it was probably over 20 years ago
       when they first asked that question. She stated they were told by the City Council or the
       Planning Commission and looked at the Land Use Guide and there was not to be a road
       through there, so they built their house. She stated now it is going to be destroyed.

       DIANE CLARE DONALDSON stated there are all kinds of things and just for instance
       this thing tonight. She stated they are bringing this all up again and they said that this
       would not even be talked about for one more year until they looked at the Land Use
       Guide. She stated the City says things and then goes back on their word. She stated the
       City says it is going to be „such and such‟ a way and then it is not that way.

       Mayor Meyers stated the Council did not say that, but the Planning Commission
       mentioned that they would take a look at it in another year, but the process is that it
       always comes before the City Council.

       DIANE CLARE DONALDSON stated she understands that and Planning Director
       Chaffee was just now up here trying to tell them right before they came up here that they
       are not going to talk about it and table it for one year until they look at the Land Use
       Guide next year. She stated that Councilmember Straub brought up the fact that they
       want to talk about it right now – everyone heard him.
PA GE 49                              CITY COUNCIL MINUTES                           OCTOBER 22, 2007


       Councilmember Straub stated what he said is that he is in favor of making this
       commercial, but that does not mean that the rest of the Council feels that way. He stated
       the Planning Commission voted 10-1 that they were willing to table it until next year and
       he has a different opinion. He stated he is not just looking at the neighbors who own the
       property, but at the whole city. He stated what he said in his campaign is that he wanted
       to bring more commercial.

       DIANE CLARE DONALDSON stated she did not vote for him and never will and will
       tell everyone she talks to not to vote for him.

       Councilmember Straub stated that is okay. He stated his next point is that not very many
       people like to get their property tax increased, but some people like that. He stated when
       someone says they do not want that all mighty dollar of commercial, but if something is
       not paying the taxes, if the commercial is not because they are taxed twice as high as
       residential.

       DIANE CLARE DONALDSON stated or they get good tax incentives or tax breaks
       where they pay nothing for 5, 10, or 20 years.

       Councilmember Straub stated he did not interrupt Ms. Donaldson. He stated even that
       commercial business with that tax break is paying a lot more taxes than the vacant ground
       was paying, so they are still bringing in more dollars than it would have if it was vacant
       and not all retail is getting a tax break, he believes that is right, so that is not the case and
       they are mixing apples and oranges. He stated what they said is that they think this is
       going to be tabled and he is on the minority opinion with this issue.

       Councilmember Sawyer stated if he understands the motion made by Councilmember
       Sandifer and he understands why it came to the Council, because the Planning
       Commission said they did not want commercial and Councilmember Sandifer made a
       motion that says that this Council reaffirms what they stated. He stated this motion is just
       reaffirming what the Planning Commission stated that they see proper from the Land Use
       Guide on this parcel of land.

       Councilmember Straub stated that does not mean it is forever and a year from now or five
       years from now it can change, because Ms. Donaldson is saying the City does not keep
       their promises, so if they promise her now that the Planning Commission and the City
       Council both say that they do not want commercial there and then come back in a year
       and say they want commercial there, Ms. Donaldson is saying they did not keep their
       promise.

       Councilmember Sawyer stated he understands that, but thinks the part that he is trying to
       clarify is that Ms. Donaldson mentioned this is before the Council just three weeks later
       and yes it is, based on the day, but the Council has to either approve or deny what the
       Planning Commission stated.
PA GE 50                             CITY COUNCIL MINUTES                        OCTOBER 22, 2007


       Councilmember Straub stated they are not making a promise that commercial is not going
       to go there in the future and it could change any time.

       Councilmember Sawyer stated he can tell Councilmember Straub that he is not making a
       promise, because he knows the Land Use Guide all over this city has changed from year
       to year to year, not in vast sections, but there has been s ubtle changes throughout the
       years where he was involved and does not know the exact date, but wants to say it was
       1995 that he was on the Planning Commission. He stated anyone is welcome to check
       those dates, but it was somewhere in the mid-1990‟s.

       Councilmember Straub stated the fact is that they are making changes tonight to this.

       Councilmember Sawyer stated the Land Use Guide has been changed somewhere almost
       every year and whether they like that or not, he understands all that. He stated he lives o n
       Quivira Road and when he and his wife bought that piece of property, it was a two lane
       ditch county road. He stated that was what it was and life was wonderful and three years
       later, guess what, they made it a four lane road. He stated he looked at it a little
       differently because Shawnee was growing. He stated he moved here because Shawnee
       was growing and yes, he is going gave up some property so it could become a four lane
       road. He stated he can use that same argument and satisfy himself on Monticello Road.

       Councilmember Sawyer stated he personally believes it is wiser to do it when you disrupt
       fewer people, than what was disrupted on Nieman Road and Quivira Road when they
       expanded those two streets. He stated there are places on Nieman Road and Quivira
       Road, where the roads are right up to the front doors of a lot of houses and it had to
       happen and if it had not happened, this would have been a nothing community and that
       was not going to happen, because people keep moving to the Kansas City metro area. He
       stated he can not help that and they keep coming.

       Mayor Meyers stated he thinks their population is near 60,000 and projected to be nearly
       120,000 by the year 2030.

       DIANE CLARE DONALDSON stated she has a question about the Land Use Guide.
       She stated she has heard several on the Council say tonight if people just come to the City
       and ask to see the Land Use Guide and if they have a question about whether they should
       or should not build something, or build a house, or if there is going to be a road there in
       another 5 or 10 years, it really does not do any good because the Land Use Guide is
       changed all the time. She stated she understands that.

       Councilmember Sawyer stated it is reviewed once a year.

       DIANE CLARE DONALDSON stated looking at the Land Use Guide does not really do
       anyone any good, because it will be different the next year. She stated if someone buys a
       piece of land and come to the City and ask if the land will be used for a road or will there
       be a road coming close to or through the land, the City can say no, absolutely not and
PA GE 51                            CITY COUNCIL MINUTES                        OCTOBER 22, 2007


       then next year there may be a road going right through that land. She asked if that is
       correct.

       Councilmember Straub stated there is no absolute on anything.

       DIANE CLARE DONALDSON stated then it does not do a ny good to look at the Land
       Use Guide.

       Councilmember Straub stated what the plan is, is the bid picture and why they are
       looking at Midland Drive, and yes, more than likely this is going to be commercial, so
       that is why they are attempting and trying to give a best plan on where commercial,
       office, and residential is. He stated it does not mean it is never going to change and when
       there is an area like Monticello where there are no major roads and someone comes in
       and develops the area and puts in houses, there becomes a problem like Councilmember
       Sawyer has on Quivira, where there are houses on both sides of the road and it is a two
       lane ditch road and it is made into a four lane road with sidewalks, curbs and gutters, and
       sewers and it is a lot worse, so it is better to do it now ahead of time where the
       construction may affect 30 or 50 property owners, but he can assure Ms. Donaldson that
       the City probably affected several hundreds up Nieman Road and Quivira Road because
       they did not widen it soon enough.

       Councilmember Straub stated he knows that Ms. Donaldson does not want it to expand
       out there, but it is going to. He stated there are going to be houses out there and there
       will be businesses out there, just like on Monticello Road north of Shawnee Miss ion
       Parkway. He stated 15 years ago there was probably one subdivision and now there is
       hardly any ground left, because the houses keep popping up.

       DIANE CLARE DONALDSON stated she has been here 60 years and knows how it was
       and how it is. She stated all she is saying is keep your promises and don‟t bring
       commerce and development where it is not wanted.

       Councilmember Straub stated he is not making that promise.

       Therefore the motion read:

       Councilmember Sandifer, seconded by Councilmember Scott, moved to approve the
       Planning Commission‟s recommendation to deny the change to the designation in a
       wedge shape between Old Monticello Road and the new alignment of Monticello Road
       south of 75th Street from Low Density Residential to Commercial. The motion carried 5-
       1, with Councilmembers Scott, Sawyer, Goode, Sandifer, and Distler voting aye and
       Councilmember Straub voting nay.

       Councilmember Goode, seconded by Councilmember Straub, moved to approve
       changing the designation on the west side of Pflumm Road in the 6100 block from
       Medium Density Residential to Office Commercial. The motion carried 6-0.
PA GE 52                           CITY COUNCIL MINUTES                       OCTOBER 22, 2007


       Councilmember Goode, seconded by Councilmember Sandifer, moved to approve
       indicating designation for office warehouse uses west of the Burlington Northern Santa
       Fe (BNSF) Railroad and east of Frisbie Road, south of 47th Street at the location of the
       proposed Shawnee Sand and Gravel operation. The motion carried 6-0.

       Councilmember Sandifer, seconded by Councilmember Goode, moved to approve the
       changing the designation from Low Density Residential to Parks and Open Space in the
       6100-6200 blocks on the east side of Woodland. The motion carried 6-0.

       Councilmember Goode, seconded by Councilmember Straub, moved to approve
       indicating school properties in a different shade of blue from other public uses, such as
       churches and utility facilities. The motion carried 6-0.

       Having passed, Ordinance 2865 was assigned.

COUNCIL ITEMS

ITEMS FROM THE FINANCE & ADMINISTRATION COMMITTEE MEETING OF
OCTOBER 02, 2007

15.    CONSIDER PROPOSED CHANGES TO REGULATIONS RELATED TO THE
       STORMWATER MANAGEMENT PROGRAM.

       Councilmember Scott stated that the Committee recommended 4-0 to forward to the
       Council for approval three ordinances related to the Stormwater Management Program
       along with revisions to Policy Statement PS-27, Public Works Department Development
       and Service fees.

       Councilmember Scott, seconded by Councilmember Goode, moved to pass an ordinance
       pertaining to a Stormwater Management Program for the City of Shawnee to be
       incorporated into the Shawnee Municipal Code as Title 11. The motion carried 6-0.
       Having passed, Ordinance 2866 was assigned.

       Councilmember Scott, seconded by Councilmember Sandifer, moved to pass an
       ordinance pertaining to Land Disturbance Activity. The motion carried 6-0. Having
       passed, Ordinance 2867 was assigned.

       Councilmember Scott, seconded by Councilmember Sandifer, moved to pass an
       ordinance pertaining to Post Construction Stormwater Quality Treatment. The motion
       carried 6-0. Having passed, Ordinance 2868 was assigned.

       Councilmember Scott, seconded by Councilmember Sandifer, moved to approve
       revisions to Policy Statement PS-27, Public Works Department Development and Service
       Fees. The motion carried 6-0.

BUSINESS FROM THE FLOOR
PA GE 53                              CITY COUNCIL MINUTES                            OCTOBER 22, 2007




16.    COMMISSIONER JOHN SEGALE PRESENTATION.

       COMMISSIONER JOHN SEGALE thanked the Council for the opportunity to come talk
       to the City Council about what they are doing at the County. He stated this is basically
       what he thinks the County is all about, it is about doing their State mandate and are a
       little different than cities in that regard, because they are given a lot of duties by the State
       and are actually an arm of the State government. He stated they take on a lot of
       responsibilities because of the kind of community they are in. He stated they serve a lot
       of land that is outside of the cities and that only represents about 3 percent of the people
       and the things they do are serving the people, so that means they have to work in
       partnership with the cities if they want to be in any way effective.

       COMMISSIONER JOHN SEGALE stated he wants to talk about the budget, their
       reserves, the sales tax bill that is going to be on the ballot next August 5 th , initiatives that
       he has been working on, the research triangle tax which he is not sure the City has talked
       about, but it is moving out there and he would like the Council‟s input on what they
       would like to do with that, along with some items that are of specific interest to the City.
       One being, a new library that the City would like have built in western Shawnee, along
       with a new library near the east that needs to be improved and basically needs to be
       opened. He stated there is the museum, the joint legislative agenda items and thinks the
       staff met today to talk about that. He stated there is the solid waste management plan
       which Councilmember Scott has been involved in and saving some money.

       COMMISSIONER JOHN SEGALE began with the County budget. He stated in 2008
       the budget will be $735 million, which is actually $30 millio n less than the 2007 budget,
       because they have spent down some of the reserves. He stated it seems unusual that it
       would go down, but that is how they make the budget go down, by spending money that
       is saved up. He presented a few of the departments that are most recognizable. He stated
       there are actually two that do not receive any tax support; two airports and Johnson
       County Wastewater, which is really run like a utility.

       COMMISSIONER JOHN SEGALE presented the big picture budget of the County over
       the last four years. He stated this year it is $763 million and is planned to go down in
       2008. He stated the items shown at the bottom are the public safety items or public safety
       spending and that is really what has caused the growth of the County budget o ver the last
       few years.

       COMMISSIONER JOHN SEGALE presented a chart showing what has actually
       happened to the reserves.

       Councilmember Straub asked Commissioner Segale if they are spending down the
       reserves or just not putting in as much next year.

       COMMISSIONER JOHN SEGALE replied spending them, means they are not putting
       money into them.
PA GE 54                             CITY COUNCIL MINUTES                          OCTOBER 22, 2007




       Councilmember Straub asked Commissioner Segale if they are not replacing the dollars
       they are spending.

       COMMISSIONER JOHN SEGALE replied that is correct. He stated they are spending
       more than they are putting in and he knows the City is familiar with that. He noted the
       number on the left is how much was in the reserves and on the right is the percentages
       can lie, because if they just raised the budget and spent more and kept the same amount
       of reserves, the percentage would go down. He stated in fact, the County has actually
       been spending down the reserves which is causing them to go down more dramatically
       than if they just kept raising the budget.

       COMMISSIONER JOHN SEGALE stated the County‟s target reserve percentage for the
       General Fund of the County, and there are different funds with different reserves, but
       none are as big as the General Fund and is between 15 to 20 percent. He stated 15
       percent is usually minimum, or is what he has been told is the minimum they can have to
       keep their AAA bond rating which the County is very proud of and does save the
       taxpayers money when they go to borrow money.

       COMMISSIONER JOHN SEGALE stated excessive reserves were a big issue for him
       along with Commissioner Eilert when he ran as well. He stated they have been making
       inroads of reducing them and he actually voted in support of moving forward on the jail
       expansion in 2005 for the 2006 budget, in his mind was the reality that they were raising
       the mill levy a little bit to pay for it, but were actually going to be able to eat up the
       reserves in a more measured way and set themselves up for the sales tax question they are
       going to have next year.

       COMMISSIONER JOHN SEGALE stated the mill levy increase was designed to make
       them feel comfortable when moving forward on the jail expansion knowing they were
       doing it in a responsible way, but he also took into account the fact that they had to use
       some of the reserves.

       COMMISSIONER JOHN SEGALE presented a slide about renewing their commitment
       to public safety in Johnson County. He stated the Commission over the last few years
       and before he got there made several decisions to invest in public safety without raising
       taxes as much as they good. They voted in new communications that can be used by
       cities and will definitely be used by the County for the Fire and Sheriff dispatching. He
       stated the County also built an adult correction center, not a jail but is part of the
       corrections department, so people are being punished by being contained there, but it is
       not quite the same security level as being locked up in jail.

       COMMISSIONER JOHN SEGALE stated the chart on the left shows something that is
       dramatic and something he learned right away when he joined the Commission –
       operating expenses for the things they do, like a jail, is tremendous. He stated comparing
       the chart on the left to the one on the right, the capital cost of building a jail in that same
       shade of blue, they saved a little under $5 million a year, while the operating expenses,
PA GE 55                             CITY COUNCIL MINUTES                         OCTOBER 22, 2007


       which are people, continue to rise beyond $15 million by 2015. He stated the expenses
       incurred when a jail it built are unbelievable.

       COMMISSIONER JOHN SEGALE stated in 2005 when they supported the jail
       expansion, they actually doubled the number of beds they were going to have available.
       They actually got some good news and were able to increase it by 100 beds more than
       what was planned. They authorized it for 2006 with only 420 beds, but the design allows
       them to actually go with 30 percent more beds and only 10 percent more cost. That is a
       good move for them and will unfortunately need them.

       COMMISSIONER JOHN SEGALE stated with regard to the .75 mill increase in 2006 –
       the revenue to debt showed a green line and the rest of the line continues to rise. He
       stated the blue line is the debt service on the jail which is actually more than they needed
       and continues to be more than they needed, but what it did for the County in 2007 and
       2008 is allow them to absorb some of the operating costs, because they had to hire the
       people over time and could not just go out and hire 150 deputies overnight, as they had to
       be trained and gradually brought into the system.

       COMMISSIONER JOHN SEGALE stated the next chart shows what happens if the sales
       tax is not renewed. He stated they have to be able to make a budget next year for 2009
       not knowing what is going to happen with the sales tax. He stated they will know by the
       time they pass the budget, because like the City they are required to do it by somewhere
       around August 15th , so they will know by the time they pass the budget whether the sales
       tax is passed, but if the people do not pass the sales tax, the County is going to be able to
       continue to function for at least a couple of years by using up their reserves to get them
       through before they have to come to the day when tax increases or really dramatic cuts
       are going to be necessary.

       COMMISSIONER JOHN SEGALE stated the County could probably get to around 2011
       or 2012 before they had to raise taxes to pay for this, but their reserves will have gotten to
       an extremely low level and just the natural growth in the County budget, they would drop
       even faster than they would if they just kept the budget flat. He stated if the sale tax does
       not pass, Santa Claus is not going to come to town, especially in Shawnee, because if it
       does not pass, the City will lose what he estimates in the 2007 budget about $1.2 million
       in revenue that the City gets from its 30 percent share and he thinks that is about a 1.4
       million property tax impact, but he could be wrong.

       COMMISSIONER JOHN SEGALE stated as he said with the last slide, if the County
       does not get the sales tax renewed they are going to have to continue to eat up the
       General Fund reserves and by 2011 they are going to have to make tough choices of
       cutting things or doing dramatic property tax increases.

       Councilmember Goode asked Commissioner Segale if he is anticipating that much of an
       increase in crime that they will need 100 beds every year.
PA GE 56                              CITY COUNCIL MINUTES                           OCTOBER 22, 2007


       COMMISSIONER JOHN SEGALE stated that is a good question and he should have
       brought his chart, but right now they have 500 beds and actually board out about 350
       people a day outside of the County. He stated that is okay, but the fact is that as they get
       closer and closer to the point where they are boarding out as many as they have in their
       jails, they are relying on the space of other jails around the State of Kansas. He stated
       those could just as easily be done by other communities and they would then get into a
       bidding war where they would not have control over the space they need. He stated they
       want to avoid the day where they have so many people boarded out and are completely
       dependent on other communities and they can ra ise their prices, the jail space could go
       away if their crime rates increase, and the County could be in a lot of trouble and would
       have to start letting people out or not sentencing them to jail.

       COMMISSIONER JOHN SEGALE stated they are actually very fortunate in Johnson
       County, because he is not sure of the exact statistical number, but knows they have a
       crime rate that he believes is less than half of the State of Kansas – it is a lot less than it is
       in nation on an average, so they are actually pretty lucky to have such a low crime rate or
       their expenses could be much greater.

       Councilmember Goode stated they are supposed to have a sophisticated county here, so
       they should have that type of record.

       COMMISSIONER JOHN SEGALE stated that is correct. He stated the sheriff is very
       progressive in how he operates the jail – actually all the sheriffs have been. He stated
       their objective is to release people on to the street who at least are not as bad as when
       they went in there, but hopefully they can get the ir lives turned around. He stated in the
       Corrections Department it is really beneficial for the lower level offenders to get them
       into therapeutic situations where they can actually see the positive things in life and
       hopefully get themselves turned around.

       COMMISSIONER JOHN SEGALE stated if the sales tax fails, the first thing they are
       going to do is throw overboard the other three items that are programmed in, as far as
       spending. There is the crime lab, the Olathe adult detention center which is going to be
       an expansion and provide a more streamlined booking facility, so all the booking and the
       entire intake will take place at the brick building across the street from the courthouse in
       downtown Olathe. He stated the other thing they will lose which is really needed and the
       Kansas City Star actually wrote a story on it about three months ago, is the replacement
       juvenile servicing building. He stated that is a place where youth go to hopefully get
       themselves straightened out. He stated what they have to do today because the facility is
       too small and they send those kids out to other places in the State, which is not a good
       situation for them because it takes them away from their community support systems and
       just does not lead to a good outcome.

       COMMISSIONER JOHN SEGALE stated the other part of the County‟s juvenile service
       building, or the other reason they need to replace it, is because it is structurally deficient.
       He stated if they do not replace it, it is going to be declared uninhabitable soon a nd is
       really a big need.
PA GE 57                            CITY COUNCIL MINUTES                         OCTOBER 22, 2007




       COMMISSIONER JOHN SEGALE presented a chart showing what would happen if
       they do renew the commitment to public safety and pass the sales tax. He noted the green
       bars on the top are the revenue coming in and the other colors at the bottom show the
       expenses. The red line that goes up and down is the revenue and surplus they will have
       as a result of the revenue coming in. He stated they are going to have a surplus of
       revenue for four years and as they all know from projections that they probably should
       not hang their hat on it. They may be more conservative than they need to be, but they do
       not know what the future holds so they can wind up getting the red line closer to the axis
       there and being at a break even point sooner.

       COMMISSIONER JOHN SEGALE stated at any rate, what this shows him in his
       opinion, is if it passes the County is probably going to have $5 million a year in excess
       revenue. He stated right now they are using property taxes to supplement that, so they
       will divert the property taxes they are putting into the justice system now and be able to
       use them for tax cuts or set that money aside to do a few capital projects. He stated that
       $5 million a year for two or three years, plus $10 million they are going to program into
       the 2009 budget because they have to pass or have a budget, will show the jail being
       funded and they are going to use $10 million in reserves, so if the sale tax passes, they
       will not have to use that $10 million and will have that $10 million to begin as well.

       COMMISSIONER JOHN SEGALE stated the County could have up to $25 million in
       money that they could actually use for other purposes beside the criminal justice system.

       Councilmember Straub stated Commissioner Segale mentioned tax cuts and asked if the
       County has ever done them.

       COMMISSIONER JOHN SEGALE answered yes, but unfortunately not while he has
       been on the Commission. He stated they have raised taxes once and that was to do the
       jail and a couple other things.

       COMMISSIONER JOHN SEGALE stated if it passes, they are going to have the $15 to
       $25 million potentially spent over four years, or they could reduce the property tax for
       four years between one- half and one-quarter of a mill, but the public would have to
       recognize it.

       Councilmember Straub stated they will find something else to spend it on.

       COMMISSIONER JOHN SEGALE stated that is true, they could. He stated if the
       County decides to reduce the property tax, which is fine with him too, they just need to
       understand they are not going to do these capital projects and later on he will talk about a
       couple ideas he has for spending that money.

       COMMISSIONER JOHN SEGALE stated really since he got on the Commission he has
       been working on a property tax on the unincorporated properties, not cit y property, but
       properties outside the cities. He stated the reason he thinks that would be a fair thing to
PA GE 58                             CITY COUNCIL MINUTES                          OCTOBER 22, 2007


       do, is because today everyone in the County puts about $12 million a year into providing
       city-wide services. He stated the County maintains the roads and the sheriff provides the
       police protection. He stated for people who live in Shawnee, Lenexa, or Overland Park,
       they pay city taxes for the very same things and is where most of the money goes to.

       Councilmember Sawyer asked who enforces the smoking ordinance.

       COMMISSIONER JOHN SEGALE replied the Public Health Department.

       Councilmember Sawyer stated if the County can protect cows they can protect people.

       COMMISSIONER JOHN SEGALE stated he proposes tonight is a 23 mill levy that
       would be phased in about on the average of what it is in all the cities in the County and
       that would raise $5 million which he thinks is fair, because they hold back the
       development in the unincorporated areas and do not build big roads or encourage them to
       be big housing developments. He stated it would be fair to maybe assess a little less than
       half of what it actually costs to operate it, so it would not be that burdensome. He stated
       that would allow them to actually reduce the mill levy through all the rest of the County.

       Councilmember Sawyer asked if they would do that.

       COMMISSIONER JOHN SEGALE replied he would.

       Councilmember Sawyer countered no he wouldn‟t because the County would spend it.

       COMMISSIONER JOHN SEGALE stated he would vote to reduce the mill levy.

       Councilmember Goode stated then he is the bravest guy he has heard for a while.

       COMMISSIONER JOHN SEGALE stated he thinks they should reduce the mill levy,
       because they are all paying for those services now and it would be a fair thing to do since
       they are asking people to renew a sales tax. He stated one thing they probably will not
       find but have probably read about in the paper, is that he has been trying to get this
       passed for the last 2 ½ years and trying to think of compromises he could make. He
       stated he has heard others say on the County Commission is that he is really thinking of
       the cities and not thinking of the unincorporated areas and there are lots of services that
       the County delivers that are discreet to cities, although he does not think there are, and
       they are not asking the cities to pay.

       COMMISSIONER JOHN SEGALE stated the thing he proposes they talk about with the
       sheriff and the cities as well, is actually increasing the boarding fee that cities pay to keep
       prisoners in the County jail on city charges, not the ones that are there on State or County
       charges.
PA GE 59                             CITY COUNCIL MINUTES                         OCTOBER 22, 2007


       Councilmember Sawyer stated if they are increasing the taxes on those people out there
       and are going to decrease the cities taxes, why does he need in the next breath have to say
       they are going to raise them.

       COMMISSIONER JOHN SEGALE stated it would be a net gain for Shawnee. He stated
       he proposes they talk about putting them in at $61.00 or $88.00 a day and that would cost
       Shawnee somewhere between $96,000 and $98,000 extra a year from what they are
       paying today. It would raise between $900,000 to $1.7 million for the jail operation and
       if they had to raise the mill levy to offset this cost and the County lowered its mill levy by
       .75 mills, then actual benefit to the people in S hawnee would be one-half a mill and that
       is being conservative with how much they have to raise it, because he thinks people
       would actually save more than one-half a mill. He stated they cut the mill levy by one-
       half when he was on the City Council and everyone thought it was a big deal.

       COMMISSIONER JOHN SEGALE stated the other item he proposed is something that
       would not affect Shawnee at all. He stated the sheriff actually provides dispatching
       services. He stated in the new police station they are building a dispatching center while
       paying for that in Shawnee for the people who work there. He stated for the northeast
       cities in Johnson County, the sheriff provides that service and there is no charge to those
       cities for that service. He stated again being consistent and saying if their services are
       delivered in a discreet part of the County that are not available to everyone, the people
       who receive those services, or the territory who receive those services, should pay for it.
       He stated he proposes that the sheriff ask those cities who get that service to pony up
       about $750,000 to pay for it. He stated basically, that is the cost of what the sheriff had
       come and asked the County for in a budget increase back in the 2007 budget, to add some
       additional dispatchers to handle the loads he is experiencing in northeast Johnson County.

       COMMISSIONER JOHN SEGALE stated in a way he has avoided the situation now as
       in managers and the new people he has had to hire for the jail to ramp up and be trained
       in the ways of the sheriff‟s department. He stated he is actually using some of his
       experienced people to be dispatchers right now, so he has filled that gap, but he is sure
       the sheriff will be back in another year asking for it.

       COMMISSIONER JOHN SEGALE stated in addition, the sheriff actually charges
       DeSoto, Edgerton, and Springhill for police services, so there is already a precedent
       where he is charging discreet cities for police services he provides, so that is fair and
       what he is asking for in the mill levy matches up with what he is doing and this also
       seems to be consistent with that, in asking the cities to pay for the dispatching services.

       COMMISSIONER JOHN SEGALE stated the excise tax in the unincorporated area –
       they got that in Shawnee when he was here and thinks it has helped them pay for road
       improvements. The amount of development unincorporated in Johnson County is not
       very much, but every little bit helps and he thinks they could generate between $100,000
       and $500,000 each year on the small amount of development that occurs there. He stated
       that would help the County buy land for future roads and improve the roads that are being
       initially burdened by this new development.
PA GE 60                             CITY COUNCIL MINUTES                        OCTOBER 22, 2007




       COMMISSIONER JOHN SEGALE stated eventually when the cities take more and
       more of the unincorporated area, that accrues to those cities and they have the land set
       aside for the right-of-way and have a road that is, at least, functional.

       COMMISSIONER JOHN SEGALE stated one thing he has been working on since 2005
       is transportation. He stated he has been here before to ask they go forward with the
       Transportation Cooperation Council. He stated they are almost done with that and Public
       Works Director Freyermuth has been a tremendous asset helping to move that process
       forward from the beginning when they first started talking about it as a task force and
       now actually drafting the TCC bylaws and such, so he expects the Council will be getting
       an interlocal agreement here in November or December to get that actually set up in a
       legal way.

       COMMISSIONER JOHN SEGALE asked why is transportation important to him,
       besides the fact that he drives a car, is that Shawnee actually has the highest percentage
       of people who work outside the City. He stated 80% of the people who live in Shawnee,
       at least in 2004, work outside the city. He stated Shawnee is the highest of the big cities
       in that regard, so people in Shawnee have to depend on a good transportation system to
       get to their jobs, so that is why it is important to this constituency.

       COMMISSIONER JOHN SEGALE continued with the K-10 Connector and is not sure if
       any of them have heard about it or seen it, but it is their bus they started last year in the
       winter that takes people from the community college and Edwards' campus up to
       Lawrence. He stated that is the most successful bus route in the County and is about 65%
       full and sometimes there are more people than there are seats. That is actually a good
       news story, in that there are no empty buses driving around between Lawrence and
       Overland Park. He stated Shawnee did the City Ride Program which is not getting as
       many riders as he would like, but thinks it is a new program and will take time to grow.
       He stated he would encourage the City to definitely stick with it in the eastern part of the
       community. He stated he thinks that rider-ship will continue to grow as word of mouth
       spreads.

       COMMISSIONER JOHN SEGALE continued with the Research Triangle Sales Tax. He
       stated last year a group got legislation passed and they really did not come to the County
       to ask them to agree to it until they already had it down the road, but they got legislation
       passed that gives them the authority to ask the voters for up to a 2/10ths percent sales tax
       increase. That money would be used to build buildings and fund bioscience research here
       in Johnson County. He stated it might be good to have them come to the Council and
       talk about it. They are asking for that to be put on the ballot in November of 2008. He
       stated that he would like feedback sometime from the Council on how they see that
       potentially impacting the sales tax renewal and is his biggest concern. He stated whether
       or not it is a good idea, the voters are going to decide, but he does not know that they
       need to rush and put it on the ballot for November of 2008 and thinks the community
       needs to talk and process it more to understand more what it is about. He stated they also
PA GE 61                             CITY COUNCIL MINUTES                          OCTOBER 22, 2007


       need to understand what the other things are in the community where they might need to
       use the sales tax.

       COMMISSIONER JOHN SEGALE stated the unique thing about the sales tax, is that the
       cities do not get any share of it and it is completely dedicated to that purpose. He stated
       the way the State law is written, the County Commission folks who put it on the ballot
       have to make that decision by July of 2009. He stated if they do not discuss putting it on
       the ballot in 2008, they still have some time in the next year to talk about it. He stated
       they could put it on the ballot in 2050 if they wanted to, as there is no deadline.

       COMMISSIONER JOHN SEGALE stated items of specific interest to Shawnee are the
       libraries. He stated Charlie Vogt is the second district person on the Library Board and is
       absolutely committed to getting a branch in Monticello and also getting the current
       library upgraded. He stated the upgrade of the existing library is estimated to cost
       approximately $3.2 million and the new branch is $16.4 million with a $350,000
       operating expense.

       COMMISSIONER JOHN SEGALE stated back a year and a half ago he fought like
       crazy to get them to agree to spend $1 million on land, or at least put it in the budget. He
       stated he does not know that they are going to have to do that, because he thinks there
       may be some partnerships with the City, so perhaps they could reduce the cost of that
       while still compensating the City for the land which he thinks is purchased or being
       looked at being purchased.

       COMMISSIONER JOHN SEGALE stated they need to talk about what they would do
       with a surplus if they do not do a tax cut. He stated if they have the surplus and it is real,
       one of the things they could do and he actually proposed this to the Library Board in
       general discussion last week, is looking at splitting that money between the libraries and
       parks. He stated actually people in Olathe would get a tax cut as a result of that, because
       they are not part of the Johnson County library system and have their own library.

       COMMISSIONER JOHN SEGALE stated it could easily pay for, at least, the eastern
       Shawnee branch upgrade and probably pay for some major upgrades they want to do at
       the central resource one over on 87 th Street and have about $2.4 million worth of projects
       they want to program into that and they could build up a reserve to help them maintain
       the buildings. He stated if the County Commission, parks, and library decide to split it, it
       could be a benefit to Shawnee, as opposed to a tax cut, and if they go for the tax cut the
       libraries are going to have to come back and ask for more money at some point to build
       the western Shawnee branch, upgrade the eastern branch, and do the central resource. He
       stated they will probably also build a new library in DeSoto or in Edgerton, so there are
       going to be new libraries that will have to be funded and the question is if they want to do
       some of that with surplus, or wait and put together one whole package.

       COMMISSIONER JOHN SEGALE stated as with the same issue in Shawnee referring to
       parks, land is getting developed and bought up. He stated it is critical that the parks be
       out there at least with the curve in terms of requiring land before it is developed, or it will
PA GE 62                            CITY COUNCIL MINUTES                         OCTOBER 22, 2007


       be much more expensive to buy land once developers start thinking about putting in
       houses or office parks on it. He stated they need to be a little further ahead of the curve
       and the County has a 20 year program to acquire land, but without really keeping up at a
       pace that will allow them to achieve the acquisition of all their park ground and thinks it
       is 2025. He stated Gary Montague, the former City Manager of Shawnee, is the District
       No. 2 representative on the parks, so he is confident they are in good hands.

       COMMISSIONER JOHN SEGALE stated the Chamber of Commerce had a task force to
       look at things to do in the museum. He is not sure if they actually came to a ny
       conclusion on what they wanted to do. He asked City Manager Gonzales if they talked
       about it at the KSA meeting.

       City Manager Gonzales stated Assistant to the City Manager Singer attended that
       meeting.

       Assistant to the City Manager Singer replied they did not discuss it at the meeting.

       COMMISSIONER JOHN SEGALE stated they should have talked about this when they
       talked about the soccer deal two years ago. He stated the County actually has authority to
       create what is called a sports authority. He stated the sports authority has the power or
       authorization of the State to levy up to a 3 percent tax on hotel room and prepared food
       from restaurants. He stated 1 percent in Johnson County would raise nearly $9 million a
       year. He stated what he would like to see the County do, working with the cities and of
       course the State legislature, is to go up there and ask them to change that law so that it
       could be broadened, as far as what it could be used for. He stated right now it can just be
       used for sports facilities.

       COMMISSIONER JOHN SEGALE stated the intent is to attract people into the
       community. He thinks museums do that too and there are probably other cultural types of
       things they could think up to attract people. He would like to see them get that law
       broadened so they could potentially pursue that as a source of revenue for the museum.
       He stated nothing is going to happen to the Johnson County Museum without money and
       will probably just continue to stay there. He still thinks the City of Shawnee needs to
       come up with some kind of plan to keep the museum in this community and thinks it
       deserves to be here, because they were the first County seat of Johnson County and can
       not think of a better way to honor that heritage than keeping the museum of history of
       Johnson County here.

       COMMISSIONER JOHN SEGALE stated he can tell everyone that Lenexa is definitely
       going after it in their new City Center project, so it will be who comes up with the best
       idea and who makes it the most affordable for the County and thinks that is an issue to be
       concerned about – the care of that museum.

       COMMISSIONER JOHN SEGALE stated the Solid Waste Management Plan, which
       Councilmember Scott has participated in its development until it is done, and there is a
PA GE 63                             CITY COUNCIL MINUTES                         OCTOBER 22, 2007


       hearing planned for November 7, 2007. He stated City Manager Gonzales participated in
       the preliminary discussions of what the community wanted to see happen with it.

       COMMISSIONER JOHN SEGALE stated what is different about this, than any of the
       other ones before, is that it actually contemplates the closure of the landfill here in
       Shawnee. He stated with that, they actually have to think about what to do with the trash,
       besides having them come around in green trucks and pick it up. He stated one of the
       issues there that is going to be very critical over the next four years, is how the cities and
       County work together to get control over what today is a totally free enterprise system.
       He stated they are not going to get rid of the free enterprise part, but have to get control
       over the volume of trash being put in the landfill here in the County.

       Councilmember Straub asked Commissioner Segale if the County ever looked at putting
       recycling bins in all the parks. He stated he was thinking about aluminum, because that is
       a big portion. He stated if they go look at the trash cans at the parks, it is a lot of water
       bottles, Gator Aid bottles and pop cans.

       COMMISSIONER JOHN SEGALE replied he is not sure if they have looked into that,
       but will send Gary Montague an email and ask him about it.

       Councilmember Straub stated if they want to cut down on trash, these bins will improve
       the quality of the environment.

       COMMISSIONER JOHN SEGALE stated that is a good idea and he will send out
       emails. He stated one of he big influences or volume makers that goes into the landfill
       today is yard waste. He stated they might go into a pay as you throw system and if
       someone wants more bags, they will have to pay more. He stated they are going to try to
       eliminate the input of the yard waste in the landfill. He stated those two things together
       and there being some kind of an organized system, because if everyone stays just free for
       all, a pay as you go system is kind of hard to imagine if there is 25 different trash
       collectors in the County and they can all compete for any one house. He stated that is
       going to be a bid change and is not sure it will be any cheaper.

       COMMISSIONER JOHN SEGALE stated the alternative is not doing anything and if the
       landfill closes, people will be up in arms with five garbage cans being charged $10.00 a
       can to throw them away.

       Councilmember Goode asked about Olathe.

       COMMISSIONER JOHN SEGALE replied that Olathe is actually doing a very good job,
       but that city handles all the trash collection themselves and have a city system. He stated
       they put it into the Hamm Landfill and the volume of trash, which is about 1.7 billion
       tons that goes into the landfill in Shawnee, but the Hamm takes 1/10 th of what they take
       and estimate their capacity at 50 to 70 years if that, but with the fill putting into the
       County‟s landfill it gets a lot shorter – probably 15 years and then they are in a panic
       situation. He stated the other thing is, if this landfill closes, the Hamm people can raise
PA GE 64                              CITY COUNCIL MINUTES                           OCTOBER 22, 2007


       the price on theirs and will have the people where they want them and there would be no
       competition.

       Mayor Meyers stated with regard to the landfill situation, he is not sure when that landfill
       will actually fill, but he does not think it is going to be 2027 and thinks it could be as
       much as five years before that date. He stated they are projecting that it takes anywhere
       from 12 to 15 years to purchase and develop another landfill area. He asked for the
       timeline on finding that new landfill. He stated he is not sure if the County really sees the
       urgency of this situation, because again his feeling is that they are within that 15 year
       period and better figure something out or will be in a real world of hurt.

       COMMISSIONER JOHN SEGALE stated he knows they presented that the Mayor‟s
       meeting and asked if that was the consensus of the mayors as well.

       Mayor Meyers stated he thinks their hopes are that they will find away to keep
       Deffenbaugh open longer, but it is not going to happen.

       COMMISSIONER JOHN SEGALE stated he knows that 2027 was kind of part of the
       compromise and not something he thought they should have done at the time and not
       have put a timeline on it at all, but as Mayor Meyers said, regardless of the timeframe,
       Deffenbaugh is probably filling that thing faster than they imagined, so yes. He stated it
       is an issue they have to work on for sure. He stated if he is elected, as he told City
       Manager Gonzales when they went down to see the statue down on Shawnee Mission
       Parkway, personally that is where he envisions his next four years – totally dedicated to
       working on working with the cities and things the TCC, the Cooperation Council thing in
       the transportation area, that experience will be invaluable to helping them come together
       in a consensus on this.

       COMMISSIONER JOHN SEGALE stated it is kind of like Mayor Meyers said, it is one
       of those things and there is no landfill in a particular city, it is easy just to forget about it
       and tell everyone that tomorrow is going to be just as today, then „Oh my God‟ it
       happens. He stated it is just like the transportation thing, because transportation today is
       pretty good and they need to be thinking about the future and 10 years down the road is
       not too far to be thinking about it.

       COMMISSIONER JOHN SEGALE continued with the joint legislative items. He stated
       he has written about and talked to the Council about the Sales Tax Authority and does
       think they should come to some kind of a consensus on a dedicated revenue source for
       the County, just like the stormwater tax. He stated the stormwater tax has no share to the
       cities, but he knows that Shawnee, at least when he was here, received 33% of the money
       that that tax has generated county-wide. He stated the cities, especially Shawnee in the
       case of stormwater, have received a tremendous benefit from a tax that is not shared with
       the cities right up front. He thinks they need to work together, because there is going to
       be parkland acquisition, library expansions, and transportation issues that they may want
       to deal with financially through a sales tax, as opposed to a property tax. He thinks they
PA GE 65                             CITY COUNCIL MINUTES                         OCTOBER 22, 2007


       really need to say that it can be one that isn‟t shared with the cities, because they have the
       stormwater tax and he thinks that is a great precedent.

       COMMISSIONER JOHN SEGALE stated the researc h triangle folks went and got a
       2/10th of a cent one and there is no share there for the cities. He stated he would say that
       the things the County wants to do working with the cities are just as important as that
       research triangle to the health of this community, so he still hopes they can come to some
       kind of a consensus and maybe it will not happen at this legislation session, but maybe
       the one after and come to some consensus of getting a sales tax that is dedicated solely to
       the County. He stated it has to be used for purposes they all agree on and then move
       forward, because he knows the cities have a dedicated sales tax authority.

       COMMISSIONER JOHN SEGALE stated there are a few things the County is doing to
       try to save money. One is the private prison idea. He stated they are still investigating
       that. He stated with the opening of the Phase III expansion, it is not going to be an
       impending an issue for them, but one they need to be teeing up, because probably in two
       or three years, they are going to have to start boarding people out. He stated they are
       doing a number of things to try to reduce the need for that, such as the work release
       program for people who have DUIs after they have serve their mandated time in jail and
       will then be sent to work release where they will still be able to go out and contribute to
       the community by working, but they just will not be able to drive a car and will have their
       freedom denied at night because they will have to live in the corrections facility.

       COMMISSIONER JOHN SEGALE continued by stating that these are things like that
       are being done to reduce the prison population, but he still thinks they are going to have
       to start boarding people out again, because the option of Phase II with 700 beds is so
       expensive and is twice the operating cost of that 500 bed expansion. He stated he does
       not think the community will be able to pay for it in 10 years when the sheriff thinks they
       may need to open it, so he thinks they need to continue to explore boarding out people
       and definitely explore boarding out people to private, for profit prisons.

       COMMISSIONER JOHN SEGALE stated he thinks that helps the sheriff too, because it
       kinds of gives him a benchmark to compete against.

       Councilmember Goode stated the sheriff didn‟t like the idea of dealing with the not for
       profit group.

       COMMISSIONER JOHN SEGALE stated he does not like it, but the County, like the
       cities, control the purse strings and the sheriff does the administration of the jail and they
       have to compromise on what is best for the community and what they can afford and will
       continue to work on it.

       COMMISSIONER JOHN SEGALE asked City Manager Gonzales if they have done the
       pathfinder survey with the ETC.

       City Manager Gonzales replied they do it on the Parks and Recreation side.
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       COMMISSIONER JOHN SEGALE stated he thinks it would be a good idea and many of
       them at the Mayor‟s level could talk about it with Annabeth, in doing one as one
       community and not each individual city, because out of 90% of the question on there,
       people do not know if it is the city or county providing that service. He stated there are
       specific questions they could put in their little survey that would say „city geography‟ and
       it would not be included in the county-wide survey, but if they were doing it all together
       he would think they could get just a statistically valid circle and save themselves some
       money, so that is something he thinks they should explore.

       COMMISSIONER JOHN SEGALE stated there is the free drug discount card program.
       He asked if they have that at the Civic Centre.

       City Manager Gonzales replied he does not believe they are.

       COMMISSIONER JOHN SEGALE stated they can get the City some for the Civic
       Centre, but anyone can use it and does not have to be older. He stated if someone has
       insurance they can still use it. He stated it does not cost the city or county anything, but a
       person can take it to the drug store and give them the card and they may save a dollar or
       nothing, but it would not cost them anything to try.

       Councilmember Goode asked who is supporting that.

       COMMISSIONER JOHN SEGALE replied the County go that through the National
       Association of Counties.

       Councilmember Sandifer asked how old do you have to be.

       COMMISSIONER JOHN SEGALE replied any age.

       Councilmember Sawyer asked who is paying for it and what is it costing the County.

       COMMISSIONER JOHN SEGALE replied it is not costing the County any money
       except for some administrative costs.

       Councilmember Sawyer stated he hates the word free, because nothing is free. He stated
       somewhere it is costing the County something, even administratively.

       COMMISSIONER JOHN SEGALE stated it is very little.

       Councilmember Sawyer stated what the County considers very little, is much greater than
       what he considers very little.

       COMMISSIONER JOHN SEGALE stated the County‟s budget is much bigger. He
       stated $7,000 a month is what people save on average in Johnson County with this card.
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       Councilmember Sawyer stated that is what people saves, but asked what it actually costs
       the County.

       COMMISSIONER JOHN SEGALE replied $200.00.

       Councilmember Sawyer stated he is just throwing out a number now.

       COMMISSIONER JOHN SEGALE stated he will ask for an answer. He stated he will
       get them some cards.

       COMMISSIONER JOHN SEGALE stated the new courthouse is his final issue tonight.
       He stated some of them probably read about the hell- hole comment. He stated Olathe is
       working to fix their downtown and he knows he supports that and is why they are not
       really mad at him and is why he is still alive today and did not kill him when he went
       down there the next week. He stated they are actually going to come to the Commission
       and talk to them in a couple weeks about their plans for downtown. He stated this City
       Council knows what he worked on when he was on this Council is the same thing he
       wants to see happen in Olathe.

       COMMISSIONER JOHN SEGALE stated what he proposed to them, is that they create a
       neighborhood revitalization area like in Shawnee and instead of it being 90%, maybe be
       50%, but of the 50% collected, it has to actually be used in that area. He would like to
       see Olathe give the County that money to offset the cost of the courthouse. He stated if
       they did that, they could probably save between 10-15 percent of the cost of the
       courthouse that everyone in the County would have to pay, so he thinks it is a good idea.
       He stated if it is actually going to fix up the downtown like it should there is no reason
       why the County should not get some benefit back from that. He stated t hey are already
       getting the taxes, but more would be nice to pay for the courthouse. He stated hopefully
       they are going to talk about that in two weeks.

       COMMISSIONER JOHN SEGALE sated they are also looking at ways to build this
       courthouse which will be a lot less than $250 to $300 million which was initially
       estimated. He stated they would be building a smaller one that has part of the court in the
       new one and the other part in the existing building. Maybe in 50 years when they need
       more, they can add on to the new one being built.

       Councilmember Straub asked for a copy of Commissioner Segale‟s presentation.

       COMMISSIONER JOHN SEGALE stated his projections are totally his and not staff‟s.



BUSINESS FROM THE FLOOR

a)     RAY ERLICHMAN, 7510 Garnett Street, stated Mayor Meyers is a football coach and
       knows that people like recognition and sometimes take the recognition, put it on the wall,
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       and save it for many many years. He stated it is not very often that a member of the
       Governing Body has the honor and distinction of getting their picture on the front page of
       a section of the Kansas City Star. He stated he took the picture and framed it, even
       though he and Councilmember Straub tend to disagree on about 90 percent of the issues.
       He stated he would like to present it to him to hang in his living room or home office and
       maybe some day he can show it to his grandchildren. He stated it comes from the
       October 10, 2007 issue, Section B, Page 1, sharing the page with former senator Lloyd
       Benson and it has something to do with a comment about him being no John Kennedy.

STAFF ITEMS

17.    CONSIDER S-238-07-10, A REQUEST FOR A SIGN VARIANCE FOR COLOR
       FOR VINTAGE STOCK AT 12280 SHAWNEE MISSION PARKWAY.

       Mayor Meyers stated that S-238-07-10, Vintage Stock at 12280 Shawnee Mission
       Parkway in the Ten Quivira Plaza has requested a sign variance for color from Vintage
       Stock at 12280 Shawnee Mission Parkway.

       Councilmember Sawyer, seconded by Councilmember Scott, moved to approve S-238-
       07-10, a sign variance for Vintage Stock located at a12280 Shawnee Mission Parkway in
       the Ten Quivira Plaza. The motion carried 6-0.

18.    CONSIDER CONTRACT TO PROVIDE LANDSCAPE ARCHITECTURAL AND
       ENGINEERING SERVICES FOR GUM SPRINGS PARK IMPROVEMENTS.

       Mayor Meyers stated that Gum Springs Park improvements are shown on the Capital
       Improvement Plan for 2007. A proposal was requested for design of the park from
       Landplan Engineering.

       Councilmember Sawyer, seconded by Councilmember Scott, moved to approve S-238-
       07-10, a sign variance for Vintage Stock located at a12280 Shawnee Mission Parkway in
       the Ten Quivira Plaza. The motion carried 6-0.

19.    CONSIDER CONTRACT TO PROVIDE LANDSCAPE ARCHITECTURAL AND
       ENGINEERING SERVICES FOR WEST FLANDERS PARK IMPROVEMENTS.

       Mayor Meyers stated that West Flanders Park improvements are shown on the Capital
       Improvement Plan for 2007. A proposal was requested for design of the park from
       Landplan Engineering.

       Councilmember Scott, seconded by Councilmember Goode, moved to approve and
       authorize the Mayor to sign an agreement with Landplan Engineering, P.A. of Kansas
       City, Missouri, for engineering services for the design of West Flanders Park
       improvements for a not-to-exceed fee of $18,925.

       Councilmember Straub asked what this includes.
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       Parks and Recreation Director Holman replied it is for two shelters, swings, and some
       drainage work.

       Councilmember Straub asked if this is just a land plan and if it is the actual engineering
       work.

       Parks and Recreation Director Holman answered yes.

       Therefore the motion read:

       Councilmember Scott, seconded by Councilmember Goode, moved to approve and
       authorize the Mayor to sign an agreement with Landplan Engineering, P.A. of Kansas
       City, Missouri, for engineering services for the design of West Flanders Park
       improvements for a not-to-exceed fee of $18,925. The motion carried 6-0.

20.    CONSIDER CONTRACT TO PROVIDE ENGINEERING SERVICES FOR
       PLEASANT VIEW CEMETERY IMPROVEMENTS.

       Mayor Meyers stated that Pleasant View Cemetery improvements were authorized by the
       City Council through approval of the Cemetery Fund during the 2007 Budget process. A
       proposal was requested for engineering services from HNTB.

       Councilmember Scott, seconded by Councilmember Goode, moved to approve and
       authorize the Mayor to sign an agreement with HNTB of Kansas City, Missouri, for
       engineering services related to the improvements for Pleasant View Cemetery for a not-
       to-exceed fee of $29,600.

       Councilmember Sawyer asked what this is for, because they are not going to do any
       landscaping to the cemetery because it is pretty well done.

       Parks and Recreation Director Holman replied this is for the columbarium.

       Councilmember Sawyer asked if this is going to cost the City another $29,000 in
       engineering services. He stated he can add these three up. He stated he is not picking on
       Parks and Recreation Director Holman, but picking on the City. He stated they continue
       to go outside to hire engineers. He stated he never got an answer and either have six or
       nine engineers. He stated they all sit there and makes jokes, but he really wants to know
       why they keep hiring engineers on staff if everything is just farmed out. He stated he has
       yet to see a project where the City has done the engineering.

       Councilmember Sandifer stated his understanding is . . .

       Councilmember Sawyer interrupted that he is not asking Councilmember Sandifer about
       it, because he does not know any more about than he does.
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       Councilmember Sandifer stated he is merely saying he talked to him about it.

       Councilmember Sawyer stated he did not ask Councilmember Sandifer and is asking
       staff. He stated he has asked staff and will keep asking them until he gets an answer. He
       asked what project is it that the City engineers themselves.

       City Manager Gonzales replied the staff does not do design work in house. She stated it
       is not something they have taken on and do not staff to that level. She stated the City
       does not have the staff that has the expertise, software tools, or necessary education to do
       design work. She stated the City hires engineers to oversee projects, manage projects,
       and she can tell Councilmember Sawyer that it has taken them six months just to get the
       proposals from Landplan on the agenda, because the staff has not had enough time to
       even get it on the agenda.

       Councilmember Sawyer asked if they realize for the kind of money they spend, they
       could hire an in-house engineer.

       City Manager Gonzales stated each project is different. She stated tonight there are
       similarities in park designs, but each project they have designed are different. She stated
       firms have different expertise and individuals have different expertise. She stated they do
       not have any engineers who have any background in designing parks on staff.

       Councilmember Sawyer stated he just keeps struggling with the kind of money the City
       spends on engineering outside services. He stated this is peanuts compared to Monticello
       Road at $900,000. He stated he struggles with this, because somewhere they are going to
       have to draw the line and say they are going to hire someone and do some of this inside,
       because this just runs up the costs of these projects every time.

       City Manager Gonzales stated she believes six months ago the Mayor directed staff to
       prepare a presentation that would answer some of those questions. She stated she is sorry
       to say that the staff has not had time to get to that, but it is coming up on their list of
       things to do.

       Councilmember Sawyer stated it is just one that keeps coming up and he sees three
       stacked here together. He stated the cemetery is pretty straight forward, because they are
       basically building a building in the cemetery as a permanent resting place and he does not
       see how it could cost $30,000 just for the engineering.

       Councilmember Straub asked how many bids they got.

       City Manager Gonzales replied they do not take bids on projects of this size. She stated
       the threshold is $30,000 and above when they actually request proposals and do not
       actually do bids for services, because consulting services can not do black and white
       specific bid documents, but they request proposals when it is over $30,000.
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       Councilmember Sawyer stated he will let it die one more time, but would like an answer
       and would like one that he can understand why they continue every project they have, be
       it stormwater or planning holes for a banner. He stated they had to get an engineering
       firm to do that outside and wants to know how difficult it can be to dig two holes.

       City Manager Gonzales stated it was extremely complicated.

       Councilmember Sawyer stated he thinks they make things much more complicated than
       what they have to, because they are protecting it so it can hang the Queen Mary or
       whatever – he does not know. He stated it is just the fact that this is the kind of stuff that
       runs the costs of the things they want to do in the City up all the time.

       City Manager Gonzales stated the presentation she is milling around in her mind, but
       have yet to finalize, will identify all the job responsibilities that their existing engineers.
       She stated Public Works Director Freyermuth has already had them capture their time on
       a 40 hour basis, so the Council can get an idea of how they spend their time. She stated if
       there are other priorities that they would rather have engineers who do design work, as
       opposed to how they are spending their time, and then they can discuss that further. She
       stated a lot of it resident services on projects. She stated she does not want to go into the
       presentation tonight, but that is the kind of information they will put together a nd
       apologized it has taken so long.

       Councilmember Straub stated at the Kansas League of Cities, they really pushed doing
       in- house engineering and said it saves a tremendous amount of money.

       Therefore the motion read:

       Councilmember Scott, seconded by Councilmember Goode, moved to approve and
       authorize the Mayor to sign an agreement with HNTB of Kansas City, Missouri, for
       engineering services related to the improvements for Pleasant View Cemetery for a not-
       to-exceed fee of $29,600. The motion carried 6-0.

21.    APPROVE BID AND AWARD 2007 TREE TRIMMING CONTRACT.

       Mayor Meyers stated that bids were received on September 28, 2007. Staff recommends
       that Council award the bid to Marrs Tree Service, Shawnee, Kansas, in the amount of
       $28,950.

       Councilmember Straub asked if they put this out for bid.

       Public Works Director Freyermuth replied it was put out to bid. They had two bidders
       and one withdrew their bid.

       Councilmember Goode stated these tree services did their own planning.
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       Public Works Director Freyermuth stated there was engineering time for preparing
       contracts and specifications and it was done in- house.

       Councilmember Straub asked why they only got two bids.

       Public Works Director Freyermuth stated several others picked it up, but only two
       actually submitted a bid. He stated it does not have a component for emergency services
       if high winds, tornados, or an ice storm would come through, so there is a little more than
       tree trimming involved.

       Councilmember Goode, seconded by Councilmember Sandifer, moved to approve the bid
       and award contract to Marrs Tree Service, Shawnee, Kansas, in the amount of $28,950.
       The motion carried 6-0.

22.        CONSIDER CONTRACT FOR BRANDING SERVICES.

       Mayor Meyers stated that a recent update of the City's branding project was provided to
       the Council at the September 18, 2007 Public Works meeting. The Branding Task Force
       (BTF) has recommended the selection of North Star Destinations Strategies, Inc. to assist
       the Branding Task Force with this project.

       Councilmember Sawyer, seconded by Councilmember Goode, moved to approve and
       authorize the Mayor to sign a contract for branding services with North Star Destinations
       Strategies, Inc. in the amount not to exceed $87,000.

       Councilmember Scott stated it says two companies were local and one was out of
       Nashville. She asked if this company is local or out of Nashville.

       Councilmember Sawyer replied it is out of Nashville.

       Councilmember Straub stated he does not understand why they are spending $87,000, so
       maybe he does not understand the whole idea here, but that is an awful lot of money for
       branding.

       Councilmember Sawyer stated actually it is coming out of several different funds.

       Councilmember Straub stated he does not care from where it is coming.

       Councilmember Sawyer stated Councilmember Straub needs to care where it is coming
       from.

       Councilmember Straub stated he does care, but thinks it is a lot of money just to spend on
       branding, whether it is coming out of one or five pockets.

       Councilmember Goode stated it is going to be tough.
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       Councilmember Sawyer stated it is going to be tough and no one said it was going to be
       easy.

       Assistant to the City Manager Singer presented some of the funding sources that were
       decided for a 2007 revised budget and 2008 budget. She stated to da te, they have already
       had $5,000 worth of private investment and there are a few other people who have
       expressed interested in contributing to that as well, so that will help bring down some of
       the cost to the City.

       Councilmember Sawyer stated they can all see where most or all of it is coming from. It
       comes out of the Convention and Visitor‟s Bureau and is taxed on individual firms.

       Councilmember Straub stated that seems like a lot of money to him and thinks $30,000
       would be more like it.

       Councilmember Sawyer stated he would tend to agree with him, but does not know
       where they are going to buy it for $30,000.

       Councilmember Straub stated they could look at what other cities have done outside of
       Johnson County. He stated they could look at different states.

       Councilmember Sawyer asked Councilmember Straub if someone has done it for
       $30,000.

       Councilmember Straub stated it is marketing; just hiring an advertising company to try to
       figure out how to market the City‟s product.

       Councilmember Sawyer stated they have to do that with almost every business; they have
       to advertise what they are.

       Councilmember Straub asked if the City has hired branding people in the past.

       City Manager Gonzales replied she is not sure if the City has done that kind of project in
       the past.

       Councilmember Sawyer stated there has been some money spent on it from time to time.

       Councilmember Straub stated he doubts it has been anywhere near $87,000 for the
       number of years they have been a city.

       City Manager Gonzales stated she does not think they have ever done it before. She
       thinks that is one of the reasons this project came forward.

       Assistant to the City Manager Singer stated to give some background on the company,
       they have worked with over eighty communities in the United States and are kind of the
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       leaders in this process, as far as community branding and is all they do and their special
       niche market.

       Councilmember Straub stated the other people he met at the League of Cities are people
       who brought in big commercial people and they were paid for and are not cheap and he
       would put more money into that than this. He stated to him, the State of Kansas is not as
       big as one would think or whatever the lo go is. He stated it is bigger than you think or
       whatever. He stated he does not know how much they spent on that slogan, but to him it
       is not money well spent. He stated he can not remember what it is.

       Assistant to the City Manager Singer stated she called some of the other communities
       where North Star has worked and all the communities reassured her that at the end of the
       process they all thought it was well tax money spent. She stated she has some of her
       notes that she can provide the Council on some of the other cities where they have
       worked.

       Councilmember Sawyer stated granted, he believes it is a lot of money, but when Hyatt
       Palma did their survey of the downtown section of Shawnee six or seven years ago, that
       was a lot more money in today‟s dollars than this, because it was close to $70,000 for that
       study. He stated he believes what they found by talking to the citizens and spent a lot of
       time in Shawnee, not talking just to City employees or City Council people, or staff
       people, they spent time talking to the citizens and business operators in the City. He
       stated he believes it certainly cost money to do that, but believes they made a vast
       improvement on the tax base for Shawnee and how the entrance of Shawnee looks today.

       CHARLOTTE HARGIS, 6925 Ballentine, asked what the return on this expenditure is.
       She asked if anyone can name the brand for Lenexa.

       City Manager Gonzales answered it is Rising Star.

       CHARLOTTE HARGIS stated she read that in the newspaper. She asked what about
       Olathe. She stated it is all directed towards more business, so let the Chamber of
       Commerce pay for it if they really believe in it. She stated it is unnecessary costs.

       Mayor Meyers stated Olathe‟s brand talks something about being beautiful.

       CHARLOTTE HARGIS stated it is just going to be another corny saying. She stated
       some of these advertisers come up with things that actually do not sale.

       Councilmember Sawyer stated this is actually coming out of the Chamber budgets.

       CHARLOTTE HARGIS stated if that is the case, then let them pay for the whole thing.
       She stated there is not a citizen in this City, if they voted on it, which would approve it.

       Councilmember Sawyer stated he is not sure there are no citizens in Shawnee that would
       vote for it.
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       CHARLOTTE HARGIS stated only the Chamber.

       Councilmember Sawyer stated he thinks that is unfair to say that only the Chamber would
       vote for it. He stated, yes, it is going to benefit business in the Chamber, but also thinks
       it will benefit the population of Shawnee in the long run. He stated in the short run, he
       agrees with Ms. Hargis that it is a lot of money.

       CHARLOTTE HARGIS stated they sold Shawnee on historical items, the parade, Old
       Shawnee Town, and the Indian history, but when they redid downtown, they did it
       modern. She stated she does not know how they are going to come up with a theme for
       one thing.

       Councilmember Sawyer stated he is not exactly convinced that the brick and everything
       done downtown is modern. He stated it has some of the historical look.

       CHARLOTTE HARGIS stated it does not look like it did when she moved here.

       Councilmember Sawyer stated he does not look like he did when he moved here either
       and neither does Shawnee look as it did when he moved here, nor do they want it to. He
       stated as time goes on, change has to take place.

       CHARLOTTE HARGIS stated it is all directed at more commercial, so that is why the
       people were complaining earlier.

       Councilmember Sawyer stated Ms. Hargis could probably say a majority of this is for
       commercial, but is also directed at new residences.

       CHARLOTTE HARGIS stated a lot of these things that are pushed by the Chamber and
       the council who do not seem to separate between the two, the average citizen and the
       Chamber, are not necessary and there are a lot of costs that they would not have to do
       otherwise. She stated in fact, if she can drag this in at this point, she does not have any
       idea why they do not make a motion to bid all the things they just talked about, such as
       hiring someone to give the City a plan.

       Councilmember Sawyer replied because he keeps asking and wants to know who does
       what.

       CHARLOTTE HARGIS asked Councilmember Sawyer why not the next time one of
       these comes up, just make a motion to see if it floats.

       Councilmember Sawyer stated he believes that is clear off the beaten path.

       CHARLOTTE HARGIS stated it is off the sub ject she started on.
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       Councilmember Sawyer stated he is not talking about what Ms. Hargis asked, but about
       him personally. He stated he believes that he should keep asking the question of staff and
       that they take it up on a committee and find out who does what and why.

       CHARLOTTE HARGIS stated that is a good idea, but they should take it a step further.
       She stated the Council is the leaders and they are the followers.

       Councilmember Sawyer stated he understands that too.

       Therefore the motion read:

       Councilmember Sawyer, seconded by Councilmember Goode, moved to approve and
       authorize the Mayor to sign a contract for branding services with North Star Destinations
       Strategies, Inc. in the amount not-to-exceed fee of $87,000. The motion carried 5-1, with
       Councilmembers Scott, Sawyer, Good, Sandifer, and Distler voting aye and
       Councilmember Straub voting nay.

MISCELLANEOUS ITEMS

23.    CONSIDER CANCELLING THE CITY COUNCIL MEETING REGULARLY
       SCHEDULED FOR MONDAY, DECEMBER 24, 2007.

       Mayor Meyers stated that a decision will be made at a later time regarding whether or not
       there will be a special Council meeting on December 18, 2007, to address any year-end
       or urgent issues.

       Councilmember Goode, seconded by Councilmember Straub, moved to approve making
       Monday, December 24, 2007 an official City holiday for the year 2007.

       Councilmember Goode stated this is a Monday and the day before Christmas. He stated
       he has been told in years past and he has been her for 30 years, there have been some
       schedules as far as the work day and whenever Christmas is on Tuesday and only shut it
       down for Christmas so that means people are not going to be able to take a vacation or do
       anything.

       Councilmember Sawyer stated he has to ask this since Councilmember Straub had
       concerns about the item prior to this, so what will that cost the City.

       Councilmember Goode stated he does not know and it does not make any difference. He
       stated he is not worrying about cost on this. He stated he made the motion because he
       does not like to put the people in the inconvenience of leaving Saturday and Sunday and
       then coming back to work on Monday and then having Tuesday off again.

       Councilmember Sawyer stated he does not have a problem with that, but wondered what
       it costs the City.
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       Councilmember Goode stated he does not know the answer.

       Councilmember Sawyer asked what is wrong with asking the question. He stated for all
       he knows, it may have already been a holiday. He stated he can tell them that in the real
       world where businesses are paying, they sometimes as a general rule give the Friday after
       Thanksgiving off, but when Christmas falls in the middle of the week, that is all they get.
       He stated it costs money and these things are not free.

       Councilmember Goode stated he is trying to make it easier on employees and if they
       leave for Christmas on Saturday or Sunday, do not have to come back to work on
       Monday.

       Councilmember Straub stated he thinks part of the cost would be for the people who have
       to work, like the Fire Department and the Police Department, so that would be holiday
       pay.

       Councilmember Sawyer asked if it is $100,000, or $60,000, or what.

       City Manager Gonzales stated it would be about $20,000 that would pay the holiday pay.
       She stated the employee‟s salaries are already budgeted, so they would be getting a day
       off and not working. She stated there would be no additional cost related to that and the
       additional cost related to the holiday would be somewhere around $20,000 to $30,000.

       Councilmember Sawyer stated that is still a cost regardless.

       Councilmember Goode stated he realizes that.

       Councilmember Straub asked if that motion is for every year, or just this year.

       Councilmember Goode stated it would just be for this year.

       Councilmember Sawyer asked if they are going to wa nt to do that the following week on
       New Years Eve.

       Councilmember Goode answered no.

       Therefore the motion read:

       Councilmember Goode, seconded by Councilmember Straub, moved to approve making
       Monday, December 24, 2007 an official City holiday for the year 2007. The motion
       carried 6-0.

24.    CONSIDER APPROVAL OF SEMI-MONTHLY CLAIM FOR OCTOBER 22,
       2007, IN THE AMOUNT OF $1,762,984.11.

       Councilmember Scott, seconded by Councilmember Sandifer, moved to approve the
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           semi- monthly claim for October 22, 2007, in the amount of $1,762,984.11. The motion
           carried 6-0.

25.        MISCELLANEOUS COUNCIL ITEMS.

      a)      Veteran‟s Day Celebration.

              Councilmember Scott reminded everyone of the Veteran‟s Day observance on
              November 11, 2008 at 4:00 p.m. at Johnson Drive and Pflumm Road.

ADJOURNMENT

Councilmember Goode, seconded by Councilmember Straub, moved to adjourn. The motion
carried 6-0, and the meeting adjourned at 12:13 a.m.

Minutes prepared by: Cindy Terrell, Recording Secretary

APPROVED BY:



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Vicki Charlesworth, City Clerk

				
DOCUMENT INFO
Description: Top Selling Real Estate Agent Johnson County Kansas document sample