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CITY OF SHAWNEE

VIEWS: 6 PAGES: 20

									                                      CITY OF SHAWNEE
                                   CITY COUNCIL MEETING
                                          MINUTES
                                      OCTOBER 24, 1997
                                           7:30 P.M.

Mayor Allen called the meeting of October 24, 1997, 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.

Councilmembers Present               Staff Present
Councilmember Truitt                 City Manager Montague
Councilmember Segale                 City Attorney Rainey
Councilmember Goode                  Finance Director Meyer
Councilmember Breitenstein           Public Works Director Freyermuth
Councilmember Severance              City Clerk/Human Resources Director Hodges
Councilmember Douglas                Planning Director Chaffee
Councilmember Snell                  Police Captain Clark
Councilmember Meyers                 Fire Chief Hartley

Councilmember Severance arrived at 7:40 p.m.

Members of the public who spoke were: James Sheeley, 13505 Midland Dr., (Item 4), Charlie Vogt,
Executive Director, Shawnee Economic Development Council (Item 5), Elaine Tatham, ETC Institute,
Olathe (Item 13a), and Joyce Thompson, Parks and Recreation Advisory Board member, 10615 W.
70th Terr (Item 13g).

CONSENT AGENDA

1.     APPROVE MINUTES FROM THE CITY COUNCIL MEETING OF OCTOBER 13,
       1997.

2.     REVIEW MINUTES FROM THE PLANNING COMMISSION MEETING OF
       OCTOBER 6, 1997.

Councilmember Meyers, seconded by Councilmember Goode, moved to approve the entire consent
agenda. The motion carried 7-0.

PRESENTATION OF SERVICE AWARDS

City Manager Montague presented awards for years of service to the following employees and
volunteers recognized for government service in the State of Kansas and the City of Shawnee:

Vernon Eitel                       Fire                                   10 years
Steven Williams                    Fire                                   10 years
Greg Bergman                       Fire                                   10 years
Jim Hart                           Fire                                   10 years
Bob Burnett                        Public Works                           10 years
PAGE 2                            CITY COUNCIL MINUTES                            OCTOBER 27, 1997

Bill Richerson                         Public Works                              10 years
Randy Martin                           Public Works                              10 years
Larry Larimore                         Police                                    10 years
Mark Hein                              Police                                    10 years
Richard Schulz                         Police                                    10 years
Judy Gresco                            City Clerk’s Office                       10 years
Stephan Holcomb                        Parks & Recreation                        10 years
Ron Copeland                           Police                                    20 years
Wally Armbruster                       Public Works                              20 years
Joe Fanning                            Public Works                              25 years

Not present, but receiving an award, was John Binckley, Police, 10 years.

Mayor Allen presented an award to Gary Montague, City Manager, for his 25 years of government
service in the State of Kansas and the City of Shawnee. He thanked City Manager Montague for his
dedication to the City of Shawnee.

Councilmember Severance arrived at 7:40 p.m.

MAYOR’S ITEMS

Mayor Allen recommended that Council grant City employees an extra holiday for 1997 and close City
Hall on the day after Christmas, Friday, December 26, 1997.

Councilmember Goode, seconded by Councilmember Douglas, moved to grant City employees an
extra holiday the day after Christmas, Friday, December 26, 1997. The motion carried 8-0.

PUBLIC ITEMS

3.       CONSIDER REQUEST TO WAIVE SIGNAGE FEES FOR SHAWNEE SAFE SCARE.

         Mayor Allen stated that the City received a request to waive signage fees for the second annual
         Shawnee Safe Scare at Westbrooke Village. He said the signage would include three to six hot
         air balloons, one cold air balloon and two banners at the entrances of the shopping center.

         Councilmember Goode, seconded by Councilmember Truitt, moved to approve the signage
         permit and waive signage fees for Shawnee Safe Scare at Westbrooke Village for three to six
         hot air balloons, one cold air balloon and two banners at the entrances of the shopping center.
         The motion carried 8-0.

4.       CONSIDER RENEWAL OF PAWNBROKER LICENSE AND PRECIOUS METAL
         DEALER LICENSE FOR SHAWNEE AUTO AND PAWN.

         Mayor Allen stated that this item was tabled at the request of the applicant at the September 22,
         and October 13, 1997 City Council meetings.
OCTOBER 27, 1997               CITY COUNCIL MINUTES                                      PAGE 3

      JAMES SHEELEY, 13505 Midland Dr., stated that he represented Shawnee Auto and Pawn
      and the applicant Morton Glazer. He said he is confused as to why this item is on the City
      Council's agenda. He said that he read the Kansas statute and the ordinance that was adopted,
      and it seemed to be an administrative licensing.

      City Attorney Rainey stated the Governing Body many years ago asked for an ordinance
      requiring licenses for pawn brokers and cereal malt beverages. He said that individuals are
      entitled to these licenses as long as they meet the requirements and standards of the ordinance.
      He indicated that Shawnee Auto and Pawn meets the requirements of the ordinance, but it still
      comes before the Governing Body for a vote.

      JAMES SHEELEY stated that the application was reviewed by all the necessary staff and their
      recommendation is for approval. He asked that Council approve the renewal request.

      Councilmember Goode stated that he has never received complaints from the neighbors in that
      area.

      Councilmember Snell stated that the Governing Body requested consideration be given to
      additional landscaping. He said that the City of Shawnee invested $6 million on the entrance of
      the City. He asked if JAMES SHEELEY had information regarding the landscaping.

      JAMES SHEELEY stated that his client is not opposed to doing landscaping or improving the
      site. He said the applicant’s lease only lasts for one more year. He said the applicant is
      negotiating a renewal of that lease. He indicated the applicant would make improvements if he
      can obtain a long term lease. He noted that without the applicant knowing if he would have that
      property for longer than the next twelve months, made it prohibitive to talk about doing any of
      that.

      Councilmember Snell asked Planning Director Chaffee if staff sent the applicant a request for
      the landscaping.

      Planning Director Chaffee stated yes.

      Councilmember Snell stated the City of Shawnee is requesting that landscaping be considered
      by the applicant.

      JAMES SHEELEY stated those requirements can not be tied to the license. He said if the City
      wants to meet the applicant half way, he would request the City to pay for half of the cost of
      these trees and flowers.

      Councilmember Snell stated the City spent $6 million to dress up the entrance to the applicant's
      business and the City is asking for a few hundred dollars.

      JAMES SHEELEY asked Councilmember Snell if Council was asking for the same thing from
      others along Shawnee Mission Pkwy that they were from the applicant.
PAGE 4                            CITY COUNCIL MINUTES                            OCTOBER 27, 1997

         Councilmember Snell stated if there was a similar request, Council would ask for those
         amenities. He said that he is not against passing this item, but Council is requesting
         cooperation from the applicant. He indicated that he has heard from residents that wish there
         was something the City could do to dress up that area.

         JAMES SHEELEY stated if Council wants to encourage the applicant to plant trees, they
         should request that from all businesses along that corridor.

         Councilmember Snell stated if the applicant's lease is renewed, it would be with hopes of some
         improvements.

         JAMES SHEELEY stated one person can not dress up an entrance to the community.

         Mayor Allen stated there is a business across the street that Council had quite a bit discussion
         with regarding an addition to that building. He said they discussed requiring an all brick
         building and landscaping along with other improvements to that area. He indicated that the
         general consensus is that the intent of the City is to increase the landscaping requirements and
         to beautify that area. He noted as Council can, when items come up for review, they are trying
         to address this issue.

         Councilmember Breitenstein stated there is another building west of that location where
         Council required painting and other items to be done before approval of a site change.

         Councilmember Breitenstein stated last year she had questioned the status of the parking at
         Shawnee Auto and Pawn because there were a lot of vehicles being parked off the pavement on
         the grass. She indicated that Mr. Glazer noted that he had taken care of that problem. She said
         subsequent to that, she has noticed on several occasions that there have been boats, trailers, and
         cars parked on unpaved areas. She asked Planning Director Chaffee to update Council on this
         issue.

         Planning Director Chaffee stated staff does not drive by that area on a daily or weekly basis. He
         said when staff had driven by unannounced, the vehicles were on paved areas and they did not
         see any on unpaved areas. He noted that there was one occasion when a boat was parked on the
         west side of the building. He indicated that staff contacted the applicant and the boat was
         removed before the end of the day.

         Councilmember Breitenstein stated that she would like to encourage Mr. Glazer not to park off
         the pavement of his property. She said she drives by that area twice a day and does notice that
         on occasion there are vehicles parked off the pavement.

         JAMES SHEELEY stated Mr. Glazer indicated to him that he had not been parking off the
         pavement since that request occurred. He said the applicant has no objection to dressing up the
         place and that will be done when the lease has been taken care of.

         Councilmember Goode stated that he is confident the applicant will go along with Council's
         request and make the area more presentable.
OCTOBER 27, 1997                CITY COUNCIL MINUTES                                    PAGE 5

      Councilmember Snell asked if this item was for a one year renewal.

      Mayor Allen stated yes.

      Councilmember Goode, seconded by Councilmember Truitt, moved to renew a pawnbroker
      license and precious metal dealer license for Shawnee Auto and Pawn, 10704 W. 63rd Street.
      The motion carried 6-2, with Councilmembers Truitt, Segale, Meyers, Goode, Severance and
      Douglas voting "aye", and Councilmembers Breitenstein and Snell voting "nay."

5.    CONDUCT PUBLIC HEARING TO CONSIDER ISSUANCE OF INDUSTRIAL
      REVENUE BONDS FOR AIRSYS ATM INC.

      Mayor Allen stated that Council initially approved a 50% abatement over a 10-year period on
      March 24, 1997.

      Councilmember Goode, seconded by Councilmember Meyers, moved to conduct a public
      hearing to consider issuance of $15,000,000 in industrial revenue bonds for Airsys ATM Inc.
      (formerly known as Wilcox Electric, Inc.) for a 10-year period. The motion carried 8-0.

      CHARLIE VOGT, Executive Director, Shawnee Economic Development Council, introduced
      Jim Esposito, Project Manager, Airsys ATM Inc.; Jill McCarthy, Manager of Economic
      Development; and Elizabeth Fulton, Administrative Assistant, Shawnee Economic
      Development Council.

      CHARLIE VOGT stated when Wilcox came before Council for Industrial Revenue Bonds, they
      requested a smaller amount because at the time the project was going to be owned by RZ
      Partnership and leased back to Wilcox Electric. He noted that Wilcox Electric acquired the
      building from RZ Partnership so the amount of the investment has gone up to $15 million. He
      indicated that the costs include the land, $600,000, a 142,400 square foot building,
      $11,400,000, and old equipment, $3,00,000. He said that they sent new employee packets to
      over 350 new employees about the City of Shawnee and the services. He noted that the 1997
      total mill levy is 142.379. He indicated that on the Cost Benefit Analysis they did a breakdown
      of the amounts to be collected in two phases: 1) value of new land and building, $12,000,000,
      and 2) value of estimated old personal property (using 20% value), $3,000,000. He said that
      they calculated no abatements on the personal property, but strictly on the building and the
      ground.

      CHARLIE VOGT stated that the current taxes on the property today are $83.00 and the average
      annual value in years 1 - 10 with the 50% abatement is $234,926. He said that the total taxes
      collected in years 1 - 10 for all taxing entities would be $2,349,260, with the City of Shawnee
      receiving $384,104, Olathe School District - $1,335,319, Johnson County - $273,689, and State
      of Kansas - $24,667.

      CHARLIE VOGT indicated Wilcox Electric's new name is Airsys ATM Inc. He said this
      company is a worldwide leader in the production of air traffic control equipment and navigation
      aids. He stated that Airsys ATM Inc. creates 350 higher than average wage administrative,
      manufacturing, and distribution jobs. He said the average of all wages and benefits exceeds the
PAGE 6                            CITY COUNCIL MINUTES                           OCTOBER 27, 1997

         Johnson County average wage for the Standard Industrial Code and will qualify for the high
         performance incentive program in the State of Kansas and also the tax abatement policy in the
         City of Shawnee. He indicated that this is the fifth industry locating at Perimeter Business
         Park. He noted that there would be additional City revenues generated from a yearly franchise
         fee collection of $80,000, over the ten year period. He stated that Wilcox Electric was founded
         in 1931 and has maintained a history of serving its community. He said that approximately 9%
         of the work force reside in Johnson County and more employees will probably move to
         Shawnee as a result of the relocation.

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

Mayor Allen stated he had a conflict of interest on item 6a and turned the chair over to Council
President Meyers for consideration.

6.       CONSIDER THE FOLLOWING ITEMS FROM THE PLANNING COMMISSION
         MEETING OF OCTOBER 6, 1997.

         a)     Consider Final Plat of Lakeview Townhomes, 16th Plat.

                Council President Meyers stated that the Planning Commission recommended 8-0 that
                the Council approve FP-33-97-10.

                Councilmember Truitt, seconded by Councilmember Segale, moved to approve FP-33-
                97-10, final plat of Lakeview Townhomes, 16th Plat, for four (4) lots at 58th Street and
                Summit, subject to the following conditions:

                1.     Recording of the final plat within thirty (30) days of approval; and

                2.     No sales of the units prior to recording of the plat.

                The motion carried 8-0.

         b)     Consider request to Rezone from Residential Estates and Planned Industrial to
                Agricultural for Buds & Blooms Garden Center and special use permit to allow a retail
                garden center.

                Mayor Allen stated that the Planning Commission recommended 7-1 that the Council
                approve Z-16-97-10.

                Councilmember Truitt stated that she has talked with the neighbors around this area and
                they are satisfied with the prospect of this business being there.

                Councilmember Goode stated this is an outstanding location for this business.

                Councilmember Snell, seconded by Councilmember Goode, moved to approve Z-16-97-
                10, request to rezone from RE (Residential Estates) and PI (Planned Industrial) to
OCTOBER 27, 1997              CITY COUNCIL MINUTES                                        PAGE 7

             Agricultural (Agricultural) for Buds & Blooms Garden Center; and SUP-11-97-10,
             special use permit to allow a retail garden center at 6329 Woodland, subject to the
             following conditions:

             1.     The ordinance amending the zoning map from PI and RE to AG shall include the
                    entire 19+ acres described in the rezoning application, and identified on the plan
                    sheet dated 10/1/97 as the parcels with tax id numbers QF231214-3028 and
                    QF231214-3007;

             2.     The special use permit and site plan shall apply only to the 17+ acres identified
                    as the parcel with tax id number QF231214-3007. Should the applicant wish to
                    expand the nursery operations to the smaller parcel at some time in the future, a
                    new application for special use and site plan would be required;

             3.     The driveway approach from Woodland Drive must have a width of no less than
                    24 feet, or a maximum width of up to 30 feet and will be restricted to asphalt
                    pavement without curbs, within the right-of-way. The proposed commercial
                    driveway entrance and culvert spanning the road ditch shall be designed and
                    built generally in accordance with Standard Detail 21-8 of the Shawnee Manual
                    of Technical Specifications and Design Criteria;

             4.     The parking lot and service drive shall be designed and constructed in
                    accordance with the Shawnee Manual of Technical Specifications and Design
                    Criteria for depth of base course and pavement (minimum of 4 inch depth
                    asphaltic concrete or 2 inches of asphaltic concrete over a minimum 6 inch
                    crushed rock base), but the requirement for concrete curbs be waived at this
                    time. Once the alignment for Woodland has been finalized, a permanent
                    driveway entrance and curbing around the parking lot shall be installed;

             5.     The temporary parking lot and service drive improvements shall be constructed
                    prior to issuance of an occupancy permit;

             6.     Based on the acreage and frontage shown along the preliminary street alignment,
                    the applicant shall comply with the provisions of SMC 12.28 (Peripheral Street
                    Fund requirements) by paying the peripheral street fee estimated to be
                    $84,615.35, prior to commencing construction of any required public
                    improvements, unless this requirement is waived by the governing body, as
                    recommended by the Public Works and Safety Committee on October 21, 1997,
                    which will result in filing Covenants of Non-Opposition to the creation of a
                    benefit district for the improvement of Woodland Drive;

             7.     The applicant shall improve that portion of the road ditch lying adjacent to the
                    property to the extent necessary to provide positive drainage. The reconstructed
                    ditch must be designed and built in accordance with the City's current Manual of
                    Technical Specifications and Design Criteria, and shall include the culvert size
                    for the new commercial driveway based upon the grade of the reestablished
                    ditch. If confining the reestablished ditch within the right-of-way is not possible,
PAGE 8                         CITY COUNCIL MINUTES                            OCTOBER 27, 1997

                     an exclusive drainage easement per APWA criteria must be provided along the
                     street. A Right-of-Way Work Permit (Form A) is required prior to commencing
                     construction within the right-of-way;

              8.     Submittal of plan elevations for Planning Commission review and approval
                     would be required prior to construction of additional greenhouses on the site;

              9.     Frontage trees be shall planted on the existing Woodland frontage until a final
                     Woodland Drive alignment has been determined;

              10.    All disturbed areas in required front, side and rear yard areas shall be sodded in
                     accordance with SMC 17.57.035;

              11.    The lowest allowable opening for all habitable structures placed adjacent to the
                     floodplain shall be a minimum of two feet higher than the base flood elevation
                     (785 feet +2 feet = 787 feet);

              12.    The applicant shall comply with SMC Chapter 12.24, pertaining to the
                     maintenance of on-site stormwater detention facilities by paying a detention fee
                     based on $5,000.00 per additional impervious acre created by this project.
                     Stormwater from the property would be allowed to discharge directly into the
                     100-year floodplain. The number of square feet of impervious area created shall
                     be calculated and the figure submitted to the Engineering staff. The detention
                     fee shall be paid prior to commencing construction of any public improvements;

              13.    Erosion control measures are required to be undertaken and shall be indicated on
                     the grading plans, to be approved by the Engineering Division. Erosion control
                     measures shall be in place during all construction;

              14.    All utilities shall be placed underground;

              15.    Any new fire hydrant locations shall be approved by the Fire Chief and installed
                     prior to issuance of an occupancy permit; and

              16.    The special use permit for the proposed garden center shall be reviewed in one year.

              The motion carried 8-0. Having passed, Ordinance 2343 was assigned.

7.       CONSIDER THE FOLLOWING ITEMS FROM THE PLANNING COMMISSION
         MEETING OF OCTOBER 20, 1997.

         a)   Consider Final Plat of Monticello Center, 2nd Replat, replat of Lots 3 through 7.

              Mayor Allen stated that the Planning Commission recommended 9-0 that the Council
              approve FP-34-97-10.
OCTOBER 27, 1997              CITY COUNCIL MINUTES                                        PAGE 9

             Councilmember Segale asked if McCoy is a road that will eventually come out onto
             Shawnee Mission Pkwy.

             Planning Director Chaffee stated that it has been platted as such for the past 10 - 15
             years.

             Councilmember Segale asked if Council would vote on that as a separate issue.

             Planning Director Chaffee stated that the developer will need to work with the City and
             the State to get that approval when he submits his plans for improvement of McCoy.

             Councilmember Truitt, seconded by Councilmember Goode, moved to approve FP-34-
             97-10, final plat of Monticello Center, 2nd replat, replat of Lots 3 through 7, an eleven
             lot commercial subdivision at 66th Street and Monticello Road, subject to the following
             conditions:

             1.     Recording of the final plat prior to issuance of a building permit;

             2.     Payment of the Open Space fee in a lump sum amount of $62,211.52 prior to
                    recording of the plat, or on a pro-rated basis at the time of issuance of building
                    permits;

             3.     Filing of restrictive covenants restricting the material and colors of buildings in
                    the development, prior to recording of the plat. The chosen colors and materials
                    shall be those used on the Monticello branch Post Office constructed on Lot 2 of
                    Monticello Center;

             4.     That the applicant submit sign regulations to the City Planning Department and
                    that no individual monument signs may be placed along 66th Street, McCoy, or
                    Shawnee Mission Parkway;

             5.     An agreement be approved by the City Council for the purpose of having
                    assessments for Monticello Road be respread equally for all lots, should the
                    developer so desire;

             6.     The proposed streets shall be designed and constructed to minor collector street
                    standards, in accordance with the Shawnee Manual of Technical Specifications
                    and Design Criteria;

             7.     Access onto McCoy from Lots 17 and 18 be restricted, with no access allowed
                    within 150 feet of their respective south property lines, and that revised plats be
                    submitted showing the changes;

             8.     All utilities shall be underground with junction boxes located in side or rear yard
                    areas;
PAGE 10                    CITY COUNCIL MINUTES                              OCTOBER 27, 1997

          9.     The proposed stormwater drainage system shall be designed in accordance with
                 the Shawnee Manual of Technical Specifications and Design Criteria;

          10.    The applicant shall verify that the carrying capacity of the existing drainage
                 system through Woodland Park to Clear Creek is adequate;

          11.    Preliminary street, stormwater drainage plan-profile sheets, and an overall
                 conceptual street lighting plan shall be submitted to the City Engineer for
                 approval prior to making the recording copies of the final plat;

          12.    Individual final sets of street, stormwater drainage and detention, and street
                 lighting plans shall be submitted the City Engineer for approval prior to
                 construction;

          13.    All public improvements shall be designed and construed in accordance with the
                 Shawnee Manual of Technical Specifications and Design Criteria, except as
                 specifically varied or waived by action of the City Council;

          14.    The applicant submit a copy of the required Environmental Protection Agency
                 National Pollutant Discharge Elimination System Permit from the Kansas
                 Department of Health and Environment. A copy of the application shall be filed
                 with the Engineering Division prior to issuance of a grading permit;

          15.    Erosion control measures shall be shown on the grading plans and shall be in
                 place prior to commencing any construction;

          16.    The applicant is responsible for paying for City-installed street name signs.

          17.    All water main and fire hydrant locations shall be approved by the Fire Chief
                 and installed prior to issuance of any building permits;

          18.    A computation plat shall be provided with the recording copies of the final plat.
                 The computation plat should show the coordinates of all points, the bearings and
                 lengths of all lines, and the individual area, in square feet, of all lots, open space
                 tracts, and rights-of-way, and the centerline miles of all newly dedicated streets:

          19.    One shared access point onto 66th Street shall be noted on the plat for each two
                 lots for Lots 10 thru 16; and

          20.    The applicant shall submit to the Engineering Division a traffic study within four
                 (4) months of late approval or in conjunction with the filing of a site plan for a
                 major tenant at the shopping center should that occur prior to March, 1998.

          The motion carried 8-0.
OCTOBER 27, 1997               CITY COUNCIL MINUTES                                   PAGE 11

8.    CONSIDER RESOLUTION AMENDING AND INCREASING THE ESTIMATED
      COST OF PROJECT NO. 3195, JOHNSON DRIVE AND GODDARD STORM
      DRAINAGE.

      Councilmember Goode, seconded by Councilmember Meyers, moved to adopt a resolution
      amending and increasing the estimated cost of P.N. 3195, Johnson Drive and Goddard storm
      drainage project from $186,000 to $239,736.66, with the County (SMAC) funding
      $158,600.42, and the City's estimated cost increased from $54,400 to $82,000, to be paid by
      the issuance of general obligation bonds. The motion carried 8-0. Having passed, Resolution
      1083 was assigned.

9.    CONSIDER RESOLUTION AMENDING AND INCREASING THE ESTIMATED
      COST OF PROJECT NO. 3197, 75TH STREET IMPROVEMENT, QUIVIRA ROAD
      TO WESTGATE LANE.

      Mayor Allen stated that this is a Lenexa project.

      Councilmember Goode, seconded by Councilmember Truitt, moved to adopt a resolution
      amending and increasing the estimated cost of P.N. 3197, 75th Street improvement, Quivira
      Road to Westgate Lane, with the City's estimated cost increased from $161,700 to $206,000, to
      be paid by the issuance of general obligation bonds. The motion carried 8-0. Having passed,
      Resolution 1084 was assigned.

10.   CONSIDER RESOLUTION AMENDING AND INCREASING THE ESTIMATED COST
      OF PROJECT NO. 3207, 49TH TERRACE IMPROVEMENT, BOND TO NIEMAN
      ROAD.

      Councilmember Segale, seconded by Councilmember Truitt, moved to adopt a resolution
      amending and increasing the estimated cost of P.N. 3207, 49th Terrace Improvement, Bond to
      Nieman Road, with the total estimated cost increased from $500,000 to $575,000, to be paid by
      the issuance of general obligation bonds. The motion carried 8-0. Having passed, Resolution
      1085 was assigned.

11.   CONSIDER RESOLUTION AMENDING AND INCREASING THE ESTIMATED
      COST OF PROJECT NO. 3216, SHAWNEE MISSION PARKWAY IMPROVEMENT
      FROM RENNER ROAD TO K-7 HIGHWAY.

      Councilmember Truitt, seconded by Councilmember Goode, moved to adopt a resolution
      amending and increasing the estimated cost of P.N. 3216, Shawnee Mission Parkway
      improvement from Renner Road to K-7 Highway, with the total estimated cost at
      $1,580,234.87, with County CARS funding increased from $300,000 to $309,000, and the
      estimated cost to the City increased from $1,265,000 to $1,272,000, to be paid by the issuance
      of general obligation bonds. The motion carried 8-0. Having passed, Resolution 1086 was
      assigned.
PAGE 12                        CITY COUNCIL MINUTES                            OCTOBER 27, 1997

12.   CONSIDER CHARTER ORDINANCE EXEMPTING THE CITY OF SHAWNEE
      FROM THE PROVISIONS OF K.S.A 12-194; RELATING TO PROHIBITION OF
      CERTAIN EXCISE TAXES.

      Councilmember Segale, seconded by Councilmember Truitt, moved to pass a charter ordinance
      exempting the City of Shawnee, Kansas from the provisions of K.S.A 12-194; relating to
      prohibition of certain excise taxes; and providing a substitute and additional provision
      authorizing the City of Shawnee, Kansas to levy an excise tax on the act of platting real
      property in the City, to grant rebates of excise taxes paid on the privilege of engaging in the
      business of platting real property in the City for contributions previously made for thoroughfare
      improvements, to grant credits against excise taxes paid on the act of platting real property in
      the City for contributions previously made for thoroughfare improvements, to grant
      exemptions, and to pledge the revenues therefrom for improving thoroughfares in the City. The
      motion carried 8-0. Having passed, Charter Ordinance 24 was assigned.

COUNCIL ITEMS

13.   CONSIDER THE FOLLOWING ITEMS FROM THE PUBLIC WORKS AND SAFETY
      COMMITTEE MEETING OF OCTOBER 21, 1997.

      a)     Parks Needs Assessment Survey.

             Councilmember Snell stated that the Committee recommended 3-0 that Council approve
             the Parks Needs Assessment survey.

             Councilmember Breitenstein stated that Parks and Recreation Director Lodge and she
             are working with the DeSoto School Board. She asked when the results of the survey
             would be available to Council. She said that they would like to propose some joint
             activities with the DeSoto School Board and the results of the survey will help guide
             them as to which direction to go.

             ELAINE TATHAM, ETC Institute, Olathe, asked if Councilmember Breitenstein had a
             goal for time.

             Councilmember Breitenstein stated the time frame is the middle of December.

             ELAINE TATHAM stated they might have some preliminary results by then, but most
             likely January 1998 they would have good results.

             Councilmember Snell, seconded by Councilmember Douglas, moved to approve the
             Parks Needs Assessment survey with the following changes: No. 12, Item A, change the
             wording so as not be so specialized, and item I, change “Riverfront Ecological Park” to
             “Riverfront Park.” The motion carried 8-0.

      b)     Request to Waive Peripheral Street Fund Fees for Midland Adventist School.
OCTOBER 27, 1997              CITY COUNCIL MINUTES                                     PAGE 13

             Councilmember Snell stated that the Committee recommended 3-0 that Council waive
             the $32,071.00 peripheral street fund fees for Midland Adventist School.

             Councilmember Snell, seconded by Councilmember Truitt, moved to waive the
             $32,071.00 peripheral street fund fees for Midland Adventist School, 6915 Maurer
             Road, for Maurer Road; require the school to pay the $18,578.11 peripheral street fund
             fee for the improvement of Midland Drive; and allow the covenant of non-opposition
             signed in 1980 to continue until or if a benefit district is established for Maurer Road.
             The motion carried 8-0.

      c)     Request to Waive Peripheral Street Fund Fees for Buds and Bloom Garden Center.

             Councilmember Snell stated that the Committee recommended 3-0 that Council waive
             the $84,615.35 peripheral street fund fee for Buds and Bloom Garden Center. He said
             until Woodland Drive is improved, it would not be good common sense to have the
             applicant paying any money.

             Councilmember Snell, seconded by Councilmember Truitt, moved to waive the
             $84,615.35 peripheral street fund fee for Buds and Bloom Garden Center, 6329
             Woodland Drive, subject to the receipt of a covenant of non-opposition for the creation
             of a benefit district for the improvement of Woodland Drive. The motion carried 8-0.

      d)     Variance Request from KPL for an Overhead Electric Line for the VanKeirsbilck
             Property, Gleason Road.

             Councilmember Snell stated that the Committee recommended 2-1 that Council approve
             the variance request from KPL.

             Councilmember Snell, seconded by Councilmember Goode, moved to approve the
             variance request from KPL for an overhead electric line for the VanKeirsbilck property,
             7777 Gleason Road. The motion carried 6-2, with Councilmembers Truitt, Meyers,
             Goode, Breitenstein, Severance, and Snell voting "aye", and Councilmembers Segale
             and Douglas voting "nay."

      e)     Request from KPL for an Overhead Electric Feeder Line for Perimeter Industrial Park,
             Hedge Lane Terrace from 71st Street to 83rd Street.

             Councilmember Snell stated that the Committee voted 3-0 to send this item to Council
             with no recommendation. He asked City Manager Montague if KPL had contacted
             staff.

             City Manager Montague stated the applicant indicated at the meeting that he may not
             have the information for this evening's meeting and the item should be tabled to the next
             City Council meeting.

             Councilmember Snell, seconded by Councilmember Goode, moved to table the variance
             request from KPL for an overhead electric line for Perimeter Industrial Park, Hedge
PAGE 14                     CITY COUNCIL MINUTES                            OCTOBER 27, 1997

           Lane Terrace from 71st Street to 83rd Street, to the November 10, 1997 City Council
           meeting. The motion carried 8-0.

      f)   Eliminating the One Dollar Gate Fee for Old Shawnee Days.

           Councilmember Snell stated that the Committee recommended 2-1 that Council
           eliminate the one dollar gate fee for Old Shawnee Days.

           Councilmember Snell stated the City over the years has spent $100,000 a year for this
           event. He said when this fee first came up it was thought it would help lessen the
           burden and make the event a shared venture.

           Councilmember Segale stated he understood that Council wanted to move towards
           lessening the City's financial involvement in Old Shawnee Days and he supports that.
           He said Council should let the Fair Board know that is Council's goal in the future. He
           indicated maybe the City could be reimbursed for the City's activities. He noted the
           correct way to go about this is to require the Fair Board to come up with the money
           rather than Council imposing a gate fee.

           Councilmember Truitt stated she could agree with temporarily eliminating the fee. She
           said the event is subsidized by taxpayers' dollars. She indicated that Council should
           give the Fair Board a chance to come up with resources to reimburse the City within 2 -
           3 years. She said if the Fair Board can not come up with the resources, then the City
           should go back and reinstate the fee. She stated that she would like Council to look at
           the gate attendance this year when the City charged a fee versus next year if there is no
           charge. She indicated that she would like to see Council revisit this issue in a year or
           two.

           Councilmember Douglas stated that the Fair Board needs a chance to "get on their feet."
           She said that Lenexa started charging fees as one way of controlling the number of
           people attending their event.

           Councilmember Breitenstein stated that it will take more than one year; and it could
           take 2 - 3 years to get this turned around. She said Council should review this item each
           year to see what progress has been made.

           Councilmember Meyers, seconded by Councilmember Goode, moved to eliminate the
           one dollar gate fee for Old Shawnee Days. The motion carried 8-0.

      g)   Modifications to Street Standards on Bicycle Routes.

           Councilmember Snell stated that the Committee recommended 2-1 that Council adopt
           the modifications to street standards on bicycle routes. He said the challenge for
           Council is making this a street standard because it could add 12% - 16% in costs to new
           road projects. He stated the Parks and Recreation Advisory Board and the Bicycle
           Advisory Committee should be notified in advance and be part of the meeting when
           Council votes on the construction concept of the road.
OCTOBER 27, 1997              CITY COUNCIL MINUTES                                     PAGE 15



             Councilmember Segale stated he thinks that if the City's Comprehensive Plan shows
             bicycle routes, Council should take the next step and say those roads when reconstructed
             will have bicycle routes on them, otherwise it would be pointless to show them on a
             map. He indicated that he recognizes there will be additional costs with asphalt, but
             with the right-of-way indicated on the Comprehensive Plan, the City will not have to
             acquire any additional right-of-way. He noted that a person could accommodate the 6
             foot bicycle lanes within the right-of-way that is shown on the Comprehensive Plan by
             decreasing the amount, either the width of the sidewalk or the width of the grass
             between the street, curb, and sidewalk.

             Councilmember Goode stated he thinks this is a good thing, but before the City becomes
             involved, staff should get in touch with other areas where this is a common thing (such
             as San Diego, California) to get information.

             JOYCE THOMPSON, 10615 W. 70th Terr, stated she is on the Parks and Recreation
             Advisory Board and is a liaison to the Bicycle Advisory Committee. She said she
             appreciated Council’s positive comments. She indicated that she has the Portland,
             Oregon information, San Diego, California maps and standards, and a booklet from the
             U.S. Department of Transportation. She noted that she has the traffic count from the
             City of Olathe and Dennis Ave is being improved with bicycle and pedestrian safety in
             mind. She stated Dennis Ave is similar to Midland Drive and has attractions on it like
             playing fields and a swimming pool; places that people might like to bicycle to and use.
             She said it connects roadways that are regularly used by non-motorized traffic. Ms.
             THOMPSON said she appreciates Council's sensitivity to quality of life issues in a
             growing area like Shawnee. She said the City can not retake green areas and useable
             space if it is already platted and planned for something else.

             Mayor Allen stated that Midland Drive would be the first road in Shawnee to be
             constructed with some type of bicycle path.

             JOYCE THOMPSON stated there are neighborhood concerns which is the reason for
             the design of Blackfish Pkwy. She said in Olathe, instead of doing the 4-lane road, they
             are using the 16 foot width lanes which the Bicycle Advisory Board recommended as an
             outside lane on the designated bike route. She indicated that having a turn-lane in the
             middle, would be about 11 feet. She noted if 3 lanes are used, there would be a wider
             outside lane with a turn-lane.

             Councilmember Douglas stated that she attended a MARC meeting regarding having
             narrower roads, making it more neighbor friendly.

             Councilmember Snell stated that staff is preparing information regarding improvements
             to Midland Drive and Lackman Road out west. He said an engineering study would be
             done with the concept of the bike lane on that road along with taking traffic to and from
             the businesses and serving the residential uses. He noted the width of that road and the
             cost can be consistent with what it was if it was a 4-lane road, because there would be 1
PAGE 16                      CITY COUNCIL MINUTES                            OCTOBER 27, 1997

           foot less. He indicated that the budget for the road would still be accurate, yet it would
           be a 3-lane width with bike lanes.

           Councilmember Severance stated just planning a Share the Road sign on a thoroughfare
           like Midland would not work. He said the concern is that Council does not do this just
           as a matter of policy. He indicated he is looking forward to the day when he can bicycle
           out of his neighborhood onto Blackfish Pkwy or Midland Drive.

           Councilmember Breitenstein stated that the City should research further to see about
           developing standards; using the City's existing right-of-ways to do this type of work.
           She said that she would recommend that being the next step.

           Councilmember Snell, seconded by Councilmember Meyers, moved to modify street
           standards on bicycle routes, increasing the width of each outside vehicular lane to
           twelve feet and adding a four foot bicycle lane in each direction, thereby increasing the
           roadway width from 48' to 58', to be considered on a case by case basis before road
           construction and to notify the Park and Recreation Advisory Board and the Bicycle
           Advisory Board when these items come before Council. The motion carried 8-0.

      h)   Providing Roll-Off Containers for clean up in the Wilder Area.

           Councilmember Snell stated that the Committee recommended 3-0 that Council approve
           the expenditure of $500.

           City Manager Montague stated the amount is $595.

           Councilmember Snell, seconded by Councilmember Goode, moved to approve the
           expenditure of $595 for providing two 40 cubic yard roll-off containers for cleanup of
           tires and general debris in the Wilder Area. The motion carried 8-0.

      i)   Setting a Special Meeting to discuss four-year terms.

           Councilmember Snell stated that the Committee recommended 3-0 that Council set a
           special meeting.

           Councilmember Douglas asked when this would go into effect.

           City Attorney Rainey stated this would have to be published two consecutive weeks in a
           row and there is a 60 day period after the second publication before it takes effect.

           Councilmember Goode stated that he has received one call against this subject. He said
           he does not think a lot of people will show up for this special meeting.

           City Attorney Rainey stated the ordinance needed to be prepared and Council should
           look at the final version of the ordinance before approving this item.
OCTOBER 27, 1997                CITY COUNCIL MINUTES                                     PAGE 17

              City Attorney Rainey stated that if Council desires to pass the ordinance, for 61 days
              they would not know whether there would be a protest petition. He said that if there is a
              protest petition within the 61 days, the effective date would be delayed. He noted that
              Council could pass the ordinance, provided that it would take effect in 61 days, and in
              the ordinance provide those elected in the April 1998 election would serve for whatever
              term specified.

              Councilmember Snell, seconded by Councilmember Severance, moved to hold a Special
              City Council meeting on Thursday, November 20, 1997, at 7:00 p.m. to discuss four-
              year terms. The motion carried 8-0.

BUSINESS FROM THE FLOOR

There was no business from the floor.

STAFF ITEMS

14.    CONSIDER REQUEST FROM KDOT FOR CHANGE ORDER NO. 8 FOR THE
       LACKMAN ROAD, 63RD STREET TO 7500 BLOCK, PROJECT NO. 3179.

       Mayor Allen stated that staff received a request from KDOT for Change Order No. 8 for the
       Lackman Road, 63rd Street to 7500 block project in the amount of $90,000 for early
       completion incentives pay. He said the total estimated cost of this project is $5,500,000. He
       noted that the Engineering staff is recommending that Council not approve the change order.

       Councilmember Douglas, seconded by Councilmember Breitenstein, moved to deny Change
       Order No. 8, P.N. 3179, for the Lackman Road, 63rd Street to 7500 block project in the amount
       of $90,000 for early completion incentives pay. The motion carried 8-0.

15.    CONSIDER APPROVAL OF AN ENGINEERING DESIGN SERVICE CONTRACT
       BETWEEN THE CITY AND BURNS AND MCDONNELL FOR THE 71ST STREET
       RECONSTRUCTION PROJECT, QUIVIRA ROAD TO PFLUMM ROAD.

       Councilmember Snell, seconded by Councilmember Truitt, moved to authorize the Mayor to
       sign a contract for engineering design services to be provided by Burns and McDonnell for the
       71st Street reconstruction project, P.N. 3233, with the estimated cost at $140,800, and the total
       estimated cost of this project at $1,300,000. The motion carried 8-0.

16.    CONSIDER APPROVAL OF AN ENGINEERING DESIGN SERVICE CONTRACT
       BETWEEN THE CITY AND COOK, FLATT, & STROBEL FOR THE 67TH STREET
       AND PFLUMM ROAD SIGNALIZATION PROJECT, P.N. 3232.

       Councilmember Snell stated 67th and Pflumm has been discussed for many years. He said
       there is significant traffic from 7:00 a.m. till 8:10 a.m. at that location. He noted he does not
       think the City spending $500,000 for one hour in the morning and one hour in the evening, nine
       months out of the year, is prudent.
PAGE 18                         CITY COUNCIL MINUTES                             OCTOBER 27, 1997

      City Engineer Wesselschmidt stated the $525,000 is a high end estimate for the work and not
      just for the signal. He said it would include geometric improvements, providing right turn lanes
      at all four quadrants. He indicated that the initial step of the engineering study would be to
      determine if there are warrants for a signal and a need for a right-turn lane to improve the flow
      of traffic. He noted that this is one of Shawnee's higher accident locations for rear-end
      collisions.

      Councilmember Goode asked what would be the proposed time of implementation on this
      project. He said 67th Street as it crosses Midland Drive and goes west to Lackman will be one
      of the main thoroughfares for Shawnee Station.

      Mayor Allen stated the engineering study is needed first to determine what is needed. He asked
      if staff had a time frame on this.

      City Engineer Wesselschmidt stated the warrant study would be the first thing which would be
      brought back to Council for further review before proceeding with preliminary plans. He said
      they plan to complete that step of the work in the next 60 days.

      Councilmember Meyers stated that this item has been discussed many times. He said Council
      needs to see if the warrants are there for this type of signalization. He noted that there is a high
      degree of accidents that take place at this intersection and the volume of traffic is extremely
      high even if it is only for an hour or two in the morning. He indicated because of safety
      precautions the City should do the engineering study to find out what warrants are being met.
      He stated that he thinks Council will find out that quite a few of the warrants are being met and
      there is a true need for signalization at this intersection.

      Councilmember Douglas stated she would like to see the City do a traffic study in the summer
      months to have a comparison.

      Councilmember Meyers stated there is no doubt that the summer months will have less traffic
      than during the school year. He said that much of the traffic is due to Shawnee Mission
      Northwest students.

      Councilmember Snell asked if the City in the past did some form of warrants on this project.

      City Engineer Wesselschmidt stated four years ago the City did a warrant analysis and were on
      the verge of having a couple of warrants at that time. He said the City is probably meeting the
      criteria currently.

      Councilmember Snell stated certainly there would be times that a light would be needed, but it
      would be a light of convenience. He said if the City goes ahead and does the study, 99 times
      out of 100, Council is committed.

      Councilmember Meyers stated the signalization at Rosehill Road and Johnson Drive is almost
      an exact situation and it has made a world of difference with regards to safety and traffic flow.
OCTOBER 27, 1997                CITY COUNCIL MINUTES                                      PAGE 19

      Mayor Allen stated when professional engineering staff recommends that the City look at this,
      and if it meets the warrants, and accidents are occurring, then it is justified to put those lights
      in. He said that Council has an obligation to proceed in that manner.

      Councilmember Segale asked if there is a way of doing the observation or if the design and the
      staking are actually necessary costs in order to proceed.

      City Engineer Wesselschmidt stated that the contract is set up in phases: study report,
      preliminary plan, and the final plan phase. He said if the warrants are not there and the City
      chooses to do nothing, the engineering service contract ends at that point with much less of a
      cost than what has been stated.

      Councilmember Segale asked if the warrants are met and the other parts executed and the City
      did not do the project in 1998, putting another project in its place and waiting until 1999 to do
      the project, would there be a sunset on how long a design could last before it would have to be
      re-engineered.

      City Engineer Wesselschmidt stated not significantly over that short of a time frame.

      Councilmember Severance asked if this project was on the Capital Improvement Plan.

      City Engineer Wesselschmidt stated it is for 1998.

      Councilmember Breitenstein asked if the Capital Improvement Plan for 67th Street
      improvement between Midland and Lackman would be for the year 2000.

      City Engineer Wesselschmidt stated in would be in 1999.

      Councilmember Goode, seconded by Councilmember Meyers, moved to authorize the Mayor to
      sign a contract for engineering services to be provided by Cook, Flatt and Strobel for the 67th
      Street and Pflumm Road signalization project, P.N. 3232, with the estimated cost at $46,500,
      and the total estimated cost of this project at $525,000. The motion carried 7-1, with
      Councilmembers Truitt, Segale, Meyers, Goode, Breitenstein, Severance and Douglas voting
      "aye", and Councilmember Snell voting "nay."

17.   CONSIDER BIDS FOR ABOVEGROUND FUEL STORAGE TANKS FOR PUBLIC
      WORKS.

      Mayor Allen stated that this item was tabled at the October 13, 1997 City Council meeting. He
      said that bids were received on September 30, 1997, for the Public Works equipment.

      Councilmember Truitt asked why the bid sheet did not go along with the $30,259.

      Public Works Director Freyermuth stated the reason staff recommended a variance from what
      they took bids on is the City is at the budget limit on this project. He said staff is going to
      eliminate the 2,000 gallon unleaded tank that was going to be put at this site and go with the
      4,000 gallon diesel alternate which puts in a standard pump system.
PAGE 20                        CITY COUNCIL MINUTES                          OCTOBER 27, 1997



      Councilmember Truitt stated that they added the 4,000 gallons with the alternate bid to get the
      $30,259.

      Councilmember Truitt, seconded by Councilmember Segale, moved to award the bid to W.R.
      King Contracting, Inc., Overland Park, for Public Works equipment, aboveground fuel storage
      tanks (4,000 gallon diesel fuel tank) in the amount of $30,259. The motion carried 8-0.

MISCELLANEOUS ITEMS

18.   CONSIDER APPROVAL OF SEMI-MONTHLY CLAIM FOR OCTOBER 27, 1997, IN
      THE AMOUNT OF $1,273,426.99.

      Councilmember Goode, seconded by Coucilmember Truitt, moved to approve the semi-
      monthly claim for October 27, 1997, in the amount of $1,273,426.99. The motion carried 8-0.

19.   MISCELLANEOUS COUNCIL ITEMS.

      a)     1998 Shawnee Tomorrow

             Councilmember Snell stated the Shawnee Area Chamber of Commerce is starting their
             1998 Shawnee Tomorrow class. He said many Councilmembers have expressed that it
             takes a while to learn and that is why they need four-year terms. He indicated this
             would also give them a start-up other than the two additional years. He said they could
             get a ramp-up by going through and learning a lot. He noted that staff through the
             different City departments has been tremendous in educating people. He said if Council
             knew of anyone from their Ward, that someday may be worthy of a leadership position
             in the community at any level, to contact the Shawnee Area Chamber of Commerce. He
             stated this is a good program and benefits many people on different committees.

ADJOURNMENT

Councilmember Goode, seconded by Councilmember Truitt, moved to adjourn. The motion carried 8-
0, and the meeting adjourned at 9:10 p.m.




____________________________
Sonya Fendorf
Recording Secretary

								
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