CITY OF SHAWNEE - DOC 10

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					                                   CITY OF SHAWNEE
                                CITY COUNCIL MEETING
                                       MINUTES
                                   OCTOBER 28, 1996
                                        7:30 P.M.

Mayor Allen called the meeting of October 28, 1996, to order at 7:33 p.m. in the Shawnee City
Hall Council Chambers. Councilmembers present were: Councilmembers Goode, Meyers,
Breitenstein, Severance, Teefey, Douglas, Snell, and Truitt. Others present were: City Manager
Montague, Finance Director Meyer, Public Works Director Freyermuth, City Engineer
Wesselschmidt, City Clerk/Human Resources Director Hodges, Fire Chief Hartley, Planning
Director Chaffee, City Attorney Rainey, and Parks and Recreation Director Lodge. Mayor Allen
welcomed the public and all stood and recited the Pledge of Allegiance.

Members of the public who spoke were: John Martin, Walton Construction Company, 3252
Roanoke Road, Kansas City, Missouri, representing the Onyx Group (Mayor’s Items), Charlotte
Hargis, 6925 Ballentine (Items 9, 10, 12b), Kent Price, Price Brothers, 9401 Santa Fe Drive,
Suite 200, Overland Park (Item 9), Max DaMetz, Payne & Brockway P.A., 426 S. Kansas Ave,
Olathe (Item 12b), Roger Obodich, D.R. Horton Development, 10100 Santa Fe Drive, Overland
Park (Item 12b), Brad Davidson, Belle Meade Farms (Item 12b), Charlie Bruesing, 5163 Clare
Road (Item 12b), Bob Hemenway, 5165 Old K-7 Hwy (Item 12b), Roy Bennett, 11125 Johnson
Drive (Item 12b).

CONSENT AGENDA

1.     APPROVE MINUTES FROM THE CITY COUNCIL MEETING OF OCTOBER
       14, 1996.

2.     REVIEW MINUTES FROM THE PLANNING COMMISSION MEETING OF
       OCTOBER 7, 1996.

3.     REVIEW MINUTES FROM THE BOARD OF ZONING APPEALS MEETING
       OF JULY 18, 1996.

4.     REVIEW MINUTES FROM THE BOARD OF ZONING APPEALS MEETING
       OF SEPTEMBER 19, 1996.

5.     CONSIDER CHANGE ORDER NO. 1 (FINAL) FOR THE 1996 STREET
       RESURFACING PROGRAM.

       Consider Change Order No. 1 (Final) for the 1996 Street Resurfacing Program. This
       contract was awarded to McAnany Construction, Inc. Shawnee, on May 13, 1996, in the
       amount of $878,019.89. This change order reflects a net decrease of $38,799.25. The new
       contract amount for the project is $839,220.64.
PAGE 2                               CITY COUNCIL MINUTES                       OCTOBER 28, 1996


6.       CONSIDER CHANGE ORDER NO. 1 FOR 71ST STREET IMPROVEMENT
         PROJECT, MIDLAND DRIVE TO RENE.

         Consider Change Order No. 1 for 71st Street Improvement Project, Midland Drive to
         Rene (P.N. 3215). This contract was awarded to McAnany Construction, Inc. Shawnee
         on July 22, 1996, in the amount of $346,904.30. This change order reflects a net decrease
         of $201.60. The new contract amount for the project is $346,702.70.

7.       CONSIDER CHANGE ORDER NO. 1 (FINAL) FOR TURKEY CREEK
         TRIBUTARY, QUIVIRA TO FLINT NEAR 60TH STREET.

         Consider Change Order No. 1 (Final) for Turkey Creek Tributary, Quivira to Flint near
         60th Street (P.N. 3178). This contract was awarded to R.A. Knapp Construction, Inc. in
         the amount of $717,856.00. This change order reflects a net decrease of $3,799.80. The
         new contract amount for the project is $714,056.20.

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

MAYOR'S ITEMS

Mayor Allen stated the Onyx Group had contacted City staff asking for an extension on the
closing of the contract for the Grange Hall, until November 30, 1996.

Councilmember Breitenstein asked if the Onyx Group stated a reason for this extension, and has
the City already paid for the engineering.

Mayor Allen stated the Onyx Group was in the process of turning this over to a new investor
group. He said this is a very complicated closing because all properties have to close at the same
time. He said some of the property that was closed on would be turned over to potential tenants.

JOHN MARTIN, Walton Construction Company, 3252 Roanoke Road, Kansas City, Missouri,
stated he represents the Onyx Group. He said they brought the approval for Kohl’s elevation to
the Planning Commission meeting. He noted once that approval was paged for a negotiation,
Kohl’s was in negotiation with another tenant. He indicated their intention was to have the
property closed by November 15, 1996. He stated they would like a 30 day extension with their
agreement with the City.

Councilmember Goode, seconded by Councilmember Snell, moved to approve the 30 day
extension for closing on the sale of Grange Hall to the Onyx Group. The motion carried 8-0.

PUBLIC ITEMS

8.       CONSIDER PET PERMIT APPLICATION FROM NANCY DOUGLAS.
OCTOBER 28, 1996                   CITY COUNCIL MINUTES                                  PAGE 3


      Mayor Allen stated that Nancy Douglas, 12006 W. 49th Street, is requesting approval of a
      pet permit to keep four (4) dogs.

      City Clerk/Human Resources Director Hodges stated the applicant has submitted a pet
      permit application and paid the appropriate permit fee to keep four Akitas at 12006 W
      49th Street. She said the dogs are kept in their own kennel and dog house. She indicated
      the applicant currently has a Pet Permit to keep four dogs. She said one dog has changed
      since the time of the original application resulting in the need for the applicant to apply
      for a new pet permit. She stated that no citations have been issued and the City Clerk’s
      Department and Animal Control do not have any complaints on file. She said of the
      twenty-five neighbors residing within 200 feet of the property, twenty indicated they
      would approve the pet permit, four residents did not respond, and one person indicated
      they wished the permit be denied but did not give any indication of the reason. She said
      Animal Control has inspected the premises and recommended approval of the permit.
      She indicated if the permit is approved it would be valid until December 31, 1996, and a
      renewal permit application would need to be submitted for the year of 1997.

      Councilmember Severance, seconded by Councilmember Snell, moved to approve a pet
      permit for Nancy Douglas to keep the four (4) Akita dogs listed on the special pet permit
      application at 12006 W. 49th Street, with the permit expiring December 31, 1996. The
      motion carried 8-0.

9.    CONDUCT PUBLIC HEARING TO CONSIDER AN ORDINANCE
      AUTHORIZING THE ISSUANCE OF TWO SERIES OF MULTIFAMILY
      HOUSING REVENUE BONDS FOR HAVERFORD WEST APARTMENTS
      PROJECT.

      Mayor Allen stated this item was to consider approval of an Ordinance authorizing the
      issuance of two series of multifamily housing revenue bonds for Haverford West
      Apartments project.

      Councilmember Goode, seconded by Councilmember Douglas, moved to conduct a
      public hearing. The motion carried 8-0.

      City Attorney Rainey stated this item does not involve any tax abatement. He said these
      are housing revenue bonds that allow them to have a more favorable interest rate, and the
      existing housing bonds previously issued by the City will be replaced with new bonds.
      He said the bonds would be guaranteed by an independent governmental agency that
      would give them a higher rating and lower interest rate.

      CHARLOTTE HARGIS, 6925 Ballentine, asked if those have always been revenue bonds
      or has it always been subsidized.

      City Attorney Rainey stated these bonds will redeem revenue bonds that were previously
      issued by the City. He said he was not sure if it was first financed with revenue bonds.
PAGE 4                                 CITY COUNCIL MINUTES                           OCTOBER 28, 1996




         City Manager Montague stated he thought they were.

         CHARLOTTE HARGIS asked if the City was letting all the apartments go to subsidized
         owners.

         City Attorney Rainey stated there is no subsidization involved. He said they do have
         lower interest rates on their financing and in return they are required to make a percentage
         of their units rented or available for low to moderate income households.

         CHARLOTTE HARGIS asked if this was a new owner.

         City Attorney Rainey stated the owners have been part of the property more than six
         months.

         CHARLOTTE HARGIS asked if they acquired the property with the idea they would
         refinance it. She said she questions whether it is a wise decision to participate in that
         when there are residents in Shawnee who feel as if they cannot pay the kind of rent the
         City of Shawnee has.

         City Attorney Rainey stated this requires the rent to be at a lower range.

         CHARLOTTE HARGIS stated if the City is having trouble getting lower income people,
         apartments are the only things they can get.

         KENT PRICE, Price Brothers, 9401 Santa Fe Drive, Suite 200, Overland Park, stated
         these apartments are moderate income housing bonds where 20% of the tenants have to
         meet 80% of the median income. He said approximately $400-$450 would be charged
         for a one bedroom apartment, and $550-$575 for the two bedroom apartments.

         CHARLOTTE HARGIS asked what the interest rate is.

         City Attorney Rainey stated it is a variable interest rate.

         KENT PRICE stated the variable interest rate is a fixed 7% rate and includes all fees.

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

         Councilmember Goode, seconded by Councilmember Severance, moved to adopt an
         ordinance authorizing the issuance of two series of multifamily housing revenue bonds
         for the Haverford West Apartments project in an aggregate principal amount not to
         exceed $3,100,000. The motion carried 7-0-1, with Councilmembers Teefey, Meyers,
         Goode, Breitenstein, Severance, Snell and Douglas voting “aye”, and Councilmember
         Truitt abstaining. Having passed, Ordinance 2280 was assigned.
OCTOBER 28, 1996                   CITY COUNCIL MINUTES                                  PAGE 5




10.   CONDUCT PUBLIC HEARING TO CONSIDER ORDINANCE FOR VACATION
      OF RIGHT-OF-WAY AT SHAWNEE MISSION PARKWAY AND GODDARD.

      Mayor Allen stated that Council at their meeting of October 14, 1996, approved the
      petition request for vacation of the right-of-way at Shawnee Mission Parkway and
      Goddard.

      Councilmember Goode, seconded by Councilmember Meyers, moved to conduct a public
      hearing. The motion carried 8-0.

      Councilmember Douglas asked if City staff feels there will be no problems with the drain
      pipe.

      City Engineer Wesselschmidt stated the City has received a request to vacate right-of-way
      at the southwest corner of Shawnee Mission Pkwy and Goddard, south of the frontage
      road. He said it requires a public hearing and the notice was advertised in the Journal
      Herald on October 17 and 24, 1996. He stated the box underneath Shawnee Mission
      Pkwy and Goddard is carrying the size storm it was designed for and there were no
      improvements necessary for the Shawnee Mission Pkwy project. He said there are storms
      of great magnitude that exceed the capacity, such as the storm of 1993.

      Councilmember Douglas asked if it carried the water in 1993.

      City Engineer Wesselschmidt stated it did not carry the water in 1993 because that storm
      was estimated around 100 years to 500 years.

      Councilmember Douglas asked if the City would have to go back and claim any of the
      land that would be vacated if improvements would be needed.

      City Engineer Wesselschmidt stated the wording in the proposed ordinance would be that.
      He said the City would have the mechanism to get the ground back for future drainage
      improvements, as well as street geometrics if those are deemed necessary at some point in
      the future.

      CHARLOTTE HARGIS, 6925 Ballentine, asked why wasn’t this included in the six lane
      Shawnee Mission Parkway improvement project, and which side it is on.

      Councilmember Douglas stated it is a parking lot for the commercial development at the
      southwest corner of Shawnee Mission Pkwy and Goddard. She said it is not the City’s;
      the City is vacating the land so they can add to their parking lot.

      CHARLOTTE HARGIS asked if the City’s right-of-way should be given away to
      someone with a business interest. She said if the public buys it, the public needs it. She
PAGE 6                                 CITY COUNCIL MINUTES                         OCTOBER 28, 1996


         stated if the City wants to sell it to them, that is something else, but she sees no reason
         why the City should give it to them to increase their parking lot.

         City Attorney Rainey stated the City can not sell right-of-way. He said the City can only
         vacate the right-of way and it reverts to the previous owner of that property. He said in
         this instance the City will include the reservation, the right to reacquire the right-of-way
         at no cost upon the passage of an ordinance by the Governing Body deeming it necessary.
         He indicated the City will have the right to reacquire the right-of-way at no cost if needed
         any time in the future.

         Councilmember Teefey asked where the drainage tubes are in relationship to the property
         being vacated, and asked if the City could put an easement for water drainage that would
         not affect putting the parking lot on it at the same time.

         City Engineer Wesselschmidt stated that the proposed ordinance includes setting aside the
         ground that would be vacated at the storm drainage easement. He said City staff has
         contacted all other utilities to see if they have any facilities or needs and the utilities do
         not have any needs. He indicated the City would not be setting it aside as a utility
         easement, but the ground that would be vacated would be set aside as a storm drainage
         easement. He noted the box carrying the drainage underneath Shawnee Mission Pkwy
         and Goddard is in this area here.

         Councilmember Teefey asked if the City would have an active easement of record so that
         the City would not have to buy it back, to do work, or add in the event the City would
         have to increase the water volume in there by making the drainage bigger.

         Councilmember Truitt stated this would be less of a maintenance hassle. She indicated
         the City would have the ability to acquire this land back at no cost.

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

         Councilmember Goode, seconded by Councilmember Douglas, moved to authorize the
         Mayor to sign an agreement with Dauphine Associates for the vacation of public right-of-
         way located at Shawnee Mission Parkway and Goddard stating that Dauphine Associates
         would transfer, free of charge, the vacated right-of-way back to the City if needed by the
         City in the future. The motion carried 8-0.

         Councilmember Truitt, seconded by Councilmember Goode, moved to adopt an
         ordinance providing for the vacation of approximately 0.408 acres of public street right-
         of-way located at Shawnee Mission Parkway and Goddard. The motion carried 8-0.
         Having passed, Ordinance 2281 was assigned.

11.      CONDUCT PUBLIC HEARING TO CONSIDER 1997 PROJECTS FOR
         COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING.
OCTOBER 28, 1996                   CITY COUNCIL MINUTES                                   PAGE 7




      Mayor Allen stated this item was to select project(s) for 1997 CDBG funding. He said
      that engineering staff is proposing using the funds to extend the 1996 CDBG project,
      drainage improvements in the area of 57th and Flint. He stated this improvement would
      result in the resolution of drainage problems for a large basin between Flint and Cody and
      Johnson Drive to 55th Street. He said the total estimated cost is $100,000, with the City’s
      share of $25,000.

      Councilmember Meyers, seconded by Councilmember Goode, moved to conduct a public
      hearing. The motion carried 8-0.

      Planning Director Chaffee stated the City of Shawnee annually makes application through
      the County for Community Development Block Grant (CDBG) funds. He said one
      requirement in the application process is to conduct a public hearing to select a project or
      projects for submission. He indicated the project must provide direct benefit to low and
      moderate income persons, or benefit the handicapped exclusively. He noted the City
      competes with other cities and County departments in Johnson County for these funds,
      and each project is rated by a five-person committee. He stated this year there will be
      approximately $1,000,000 to be allocated. He said the total amount may increase as
      unobligated funds from projects that are now complete are added to the 1997 grant
      awards. He indicated the dollar amount from unobligated funds will increase the total
      amount to be awarded overall in 1997, but does not increase the threshold for any single
      grantee. He noted the total dollar amount that can be requested in 1997 will remain the
      same as in the past, $100,000. He stated the advisory committee will review procedures
      and award amounts for years beginning in 1998. He said it is contemplated that in future
      years an application can be made for larger projects which exceed $100,000, with a city
      giving up future applications to receive a greater amount in a given year.

      Planning Director Chaffee stated cities in the past have been successful in receiving funds
      for infrastructure work including streets and drainage work. He said projects tend to be
      small or are pieced together year after year given the limited nature of the funding awards.
      He indicated that the Engineering Division has proposed the use of 1997 CDBG funds to
      extend the 1996 CDBG project, which provides drainage improvements in the area of
      57th and Flint. He noted the 1996 project will be an extension of a SMAC project to the
      north of 57th Street. He stated the 1997 grant proposal would extend these drainage
      improvements along the west side of Flint approximately 775 feet from a point 125 feet
      south of 57th Street to the enclosed stormwater drainage system along Johnson Drive. He
      said this improvement would result in the resolution of drainage problems for a large
      basin between Flint and Cody and Johnson Drive to 55th Street. He stated this area is
      included in an eligible neighborhood for the use of CDBG funds and provides stormwater
      collection relief for the 510 residents in the area. He said the project will also eliminate
      the potential for the backup of stormwater in the area as a result of improvements being
      made upstream from the SMAC and 1996 CDBG project.
PAGE 8                                CITY COUNCIL MINUTES                       OCTOBER 28, 1996


         Planning Director Chaffee stated the total estimated project cost is $100,000, with the
         City match being approximately $25,000 for the acquisition of required easements,
         construction staking, engineering and administration of the project. He said the City's
         share covers items that are ineligible for the use of CDBG funds. He indicated the
         application deadline for 1997 CDBG funds is November 22, 1996, with the rating
         anticipated to be completed by Christmas.

         Councilmember Douglas stated that she had attended the Advisory Board meeting on
         October 10, 1996, for the CDBG. She said a policy was drafted and CDBG projects are
         to be completed within the time frames established in the sub guarantee agreement except
         in exceptional circumstances. She said when exceptional circumstances cause delays that
         prevent meeting the State completion date, the sub recipient may make a written request
         to the Community Development Coordinator for a revised completion date. She
         indicated only one revision of a completion date may be granted, with good cause to
         considered by the Coordinator. She noted the rest must be considered by the Johnson
         County CDBG Committee.

         Councilmember Douglas stated one of the things she learned is they have a new Director
         who realizes $100,000 does not go a long way. She said the Director is saying the City
         may be able to take two years at a time to apply for the $200,000 and then not apply the
         following year. She indicated the City may want to look into CDBG money available
         from the State.

         Councilmember Goode stated this project is close here and he feels it is long over due.

         Councilmember Snell stated he is confident that Council is not finished discussing the
         Neighborhood Revitalization Program and funding such as this could tie together.

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

         Councilmember Snell, seconded by Councilmember Douglas, moved to approve using
         the CDBG funding to extend the 1996 CDBG project, drainage improvements in the area
         of 57th and Flint, resulting in the resolution of drainage problems for a large basin
         between Flint and Cody and Johnson Drive to 55th Street, with the total cost estimated at
         $100,000, with the City’s share of $25,000. The motion carried 8-0.

12.      CONSIDER THE FOLLOWING ITEMS FROM                                   THE      PLANNING
         COMMISSION MEETING OF AUGUST 19, 1996.

         b)     Consider request to rezone from AG (Agricultural) to R-9 (Single Family
                Residential) and preliminary plat for West Ridge subdivision for 104 single family
                lots in the 5000-5200 blocks of Old K-7 Hwy
OCTOBER 28, 1996                  CITY COUNCIL MINUTES                                   PAGE 9


             Mayor Allen stated that this item was tabled at the September 9 and October 14,
             1996, Council meetings. He said that Council requested a study from staff
             showing the impact of the proposed subdivision on Old K-7 Hwy. He stated the
             Planning Commission recommended 7-4 that the Council approve Z-13-96-8 to
             rezone from AG (Agricultural) to R-9 (Single Family Residential) and preliminary
             plat Pre-Plat-42-96-8 for West Ridge subdivision for 104 single family lots in the
             5000-5200 blocks of Old K-7 Hwy with conditions.

             Planning Director Chaffee stated the applicant requests rezoning for West Ridge
             subdivision located on the west side of Old K-7 Hwy between the 5100 and 5300
             blocks from Agricultural to R-9 Single Family Residential. He said surrounding
             zoning is agricultural to the north, east and south, and the southern portion of the
             western side, and R-40 on the northern portion of the western side across the
             future Gleason Road. He indicated surrounding land uses include single family
             residences on large lots built near K-7 Hwy to the north, a single family residence,
             and a modular home to the east, vacant land to the south, and vacant land to the
             west. He noted that Belle Meade Farms subdivision is proposed to be located
             across the future Gleason Road on the northern end of the west side of this
             property. He stated adjacent to the southern portion of the west side is the back
             acreage of a lot with a house located along Clare Road approximately one half
             mile to the west. He said the Land Use Guide of the Comprehensive Plan
             indicates low density residential land uses for the area, thus the request is in
             compliance with the plan. He indicated that the Land Use Guide further indicates
             property to the east across Old K-7 Hwy to be developed as high density
             residential along the northern portion, and a mixture of low and medium density
             residential along the southern portion. He said the homes constructed in the area
             are mostly of early 1960's construction or older, with two 1,500 square foot homes
             built in the early 1990's to the north, and a recently constructed 2.300 square foot
             home adjacent to the north.

             Planning Director Chaffee stated that this property will connect with sewers that
             are now available on the west side of K-7 Hwy. He said a change in the previous
             development pattern occurs when sewers are introduced into an area. He
             indicated the availability of sewers generally will make properties more valuable,
             and as a result more likely to develop in an urban form. He noted that a ridgeline
             exists along the west side of this development making sewers to the west and
             northwest unlikely in the near future.

             Planning Director Chaffee stated that access to the property will be from Old K-7
             Hwy and is adequate for public safety purposes. He said the Engineering Division
             and public safety departments have raised no concerns over the ability of Old K-7
             Hwy to handle increased traffic. He indicated that the plat containing this tract is
             at a density lower than R-9 subdivisions located west of K-7 Hwy, as well as
             Woodsonia.
PAGE 10                         CITY COUNCIL MINUTES                           OCTOBER 28, 1996


          Planning Director Chaffee stated that the property is proposed to be developed
          into 104 single family residential lots. He said that gross density of the
          development is 2.74 units per acre with lot sizes ranging from 9,000 square feet to
          over 16,000 square feet. He noted the developer has provided lots along the
          periphery of the plat with widths significantly greater than those found in R-9 and
          R-10 districts, and those along the western boundary more closely resemble R-15
          standards. He stated this configuration provides a transition between this
          development and the expected development to the west. He said that all bulk
          requirements have been satisfied and open space fees in the amount of $20,800
          are applicable for this plat. He indicated that landscape easements are provided
          along Old K-7 Hwy and Gleason Road, as well as along the western and southern
          boundaries of the plat to retain the existing tree line. He noted the developer has
          indicated the minimum house size will be 1,500 square feet for a ranch style
          home, and indicated at the Planning Commission meeting that other homes would
          range from 1,589 to 2,100 square feet in size.

          Planning Director Chaffee stated that Old K-7 Hwy is a designated collector
          street, as well as Gleason Road to the west. He said the applicant will be liable
          for a payment of $136,698.10 into the peripheral street fund for Old K-7 Hwy, and
          in addition, the developer will be required to place a 3 inch overlay at a minimum
          width of 22 feet adjacent to this site. He indicated the timber drainage structure
          may also need to be extended to allow this improvement. He noted that the
          developer will also be responsible for a $114,318 fee for Gleason Road, unless
          Gleason north of 51st Street is improved. He stated in that case the fees will be
          reduced to $67,018.39. He said that 51st Street will provide another access point
          for Bell Meade Farms subdivision to exit to the east, rather than having access
          only onto Clare Road. He stated that limited access is indicated on Gleason Road
          and Old K-7 Hwy. He stated that all utilities will be placed underground,
          however, a variance is required on lots 11-29 to place junction boxes with
          landscaping in the front yards to preserve the tree lines. He said that sewers are
          indicated as well as other utilities in these areas to be placed in the street right-of-
          way. He indicated that the developer will extend sewers from K-7 Hwy to the
          site. He noted that on-site stormwater detention will be required, and two
          drainage areas are indicated on the plat. He stated erosion control measures will
          be shown on the grading plan and shall be in place prior to commencing any
          construction.

          Planning Director Chaffee stated that a sufficient protest petition has been filed on
          this rezoning request. He said that the Planning Commission recommends
          approval of Z-13-96-8 for West Ridge subdivision, subject to conditions listed in
          the staff report.

          MAX DAMETZ, Payne & Brockway P.A., 426 S. Kansas Ave, Olathe,
          introduced Joe Campbell and Roger Obodich with D.R. Horton Development, and
          Paul Zimmer, the current property owner. He stated they had worked with
OCTOBER 28, 1996                   CITY COUNCIL MINUTES                                  PAGE 11


             property owners and City staff since July trying to make this a good subdivision.
             He said in addition to what Planning Director Chaffee said they have an existing
             tree line on the west and along the south that they are trying to preserve to keep as
             a buffer from neighbors. He indicated on the north side there is no tree line, so
             they are going to put up a six foot wood privacy fence all along the subdivision as
             the phases develop. He noted they have a couple of detention areas, one at the
             very northwest corner of the tract, and one at the southeast corner. He said these
             provide an extra buffer for the adjoining neighbors, especially the owners of Belle
             Meade Farms subdivision. He stated normal single family residential density is 3
             to 3.2 lots per acre, this is 2.74 lots per acre. He said D.R. Horton Development
             builds quality subdivisions. He indicated even though it is not required in the R-9
             zoning, they submitted five or six plans to the Planning Commission of the type of
             houses to be built.

             MAX DAMETZ stated the price range for West Ridge subdivision is $130,000 -
             $161,000. He indicated they would overlay the road as required to stipulations
             along K-7 Hwy. He noted Joe Campbell is willing to overlay the road all the way
             down to 55th Street to make a passable situation down to the main road out to K-7
             Hwy. He said they are in agreement with City staff’s stipulations, and they
             believe they have prepared a quality subdivision and requested Council’s approval
             of this plat and rezoning.

             Councilmember Goode asked why there was a protest petition on this item.

             Mayor Allen stated this is one of the first planned developments west of K-7 Hwy
             in this area. He said when you bring sewers and these type of developments in,
             versus what is existing, that is where the conflict is. He said the developer has
             done everything asked and more and had gone the extra mile.

             Councilmember Breitenstein stated she appreciated Joe Campbell, MAX
             DAMETZ, and Pete Oppermann for everything done for this project. She said
             they handled all questions asked by Council and had been very helpful in trying to
             get information back and forth She asked if MAX DAMETZ could explain what
             they plan to do on the road improvements. She said the Planning Commission
             approved this on a 7-4 vote and part of the motion said that it was being approved
             if the City Council would see to it that the road was improved and widened.

             MAX DAMETZ stated the Planning Commission approved it subject to the City
             staff doing a traffic study and verifying the ability of Old K-7 Hwy to handle the
             load. He said City Engineer Wesselschmidt showed it would carry the load. He
             indicated that the typical widening requirement is that they build a road bed 22
             feet in width and a three inch asphalt overlay adjacent to their property. He noted
             that Joe Campbell would build that road bed all the way down to 55th Street at his
             own expense. He stated it would be a interim type road. He said they came up
             with traffic volumes that a road that width could handle 14,000 cars a day. He
PAGE 12                         CITY COUNCIL MINUTES                        OCTOBER 28, 1996


          said the City of Overland Park says that 10,000 cars a day is their cutoff, and
          Olathe says 7,000-8,000 is their cutoff for those types of roads.

          Councilmember Breitenstein asked if they would be adding approximately 3 feet
          of pavement to what is there today.

          MAX DAMETZ stated about 4 feet, about 18 feet in width.

          Councilmember Breitenstein asked if they would be preparing it for a base
          underneath the street.

          MAX DAMETZ stated it would secure the existing base because there is a gravel
          road there with the chip and seal. He said they would add more gravel and then
          they would overlay the whole road with 3 inches of asphalt.

          Mayor Allen asked if that would have to be done to the City standards for that
          type of road.

          Public Works Director Freyermuth stated they would have to build the widened
          areas to City standards for that type of road and that it is non curbed and guttered.

          Councilmember Severance asked long range what type of road would this be.

          City Engineer Wesselschmidt stated it would be a future collector road.

          Councilmember Severance asked what would need to be done to bring it to
          collector standards, and once they overlay it, would the City have to start from
          scratch or could the City use what they have done and just put gutters on the side.

          City Engineer Wesselschmidt stated when a development goes in, City staff looks
          at whether that development can improve their half of the road and take care of
          their construction responsibility. He said in this case they have looked at Old K-7
          Hwy and the hills and valleys are not the type of vertical line that the City would
          want to keep on a permanent basis. He said the developers would need to shave
          off some of the hills and fill in some of the valleys. He indicated the work that
          would be done out there would be overlay in most cases which would not be used
          as a permanent part of a future road because the majority of the road bed would be
          regraded and improved to a permanent condition.

          Councilmember Severance asked if this would be a temporary solution.

          City Engineer Wesselschmidt stated a good example of the same situation was
          when Woodland Park subdivision first went in on Monticello Road. He said they
          paved from their entrance all the way out to Shawnee Mission Pkwy. He noted it
          was a three inch overlay, 22 feet wide.
OCTOBER 28, 1996                  CITY COUNCIL MINUTES                                 PAGE 13




             Councilmember Severance asked how far west the 55th Street improvements go.

             Mayor Allen stated to Clare Road, substantially west of this area.

             Councilmember Severance asked about the curved part of the road that goes north
             on K-7 Hwy.

             City Engineer Wesselschmidt stated on the City’s five year Capital Improvement
             Plan includes the improvement of 55th Street from K-7 Hwy out to Clare Road in
             1997 which would require the reworking of this intersection. He said they would
             bring Old K-7 Hwy to a permanent collector standard.

             Mayor Allen asked if it would take the turn out of the road.

             City Engineer Wesselschmidt stated that is what the City would be looking at on a
             permanent basis, making it a T intersection instead of the curve that is in there
             now. He said they would be starting the engineering soon on that project.

             Councilmember Snell asked what are the sizes of Tracts A & B. He asked if it
             was 1.1 acres where the retention pond is.

             MAX DAMETZ stated it is 1.1 acres.

             Councilmember Snell stated it is approximately 2 acres. He said the City has run
             into some areas of drainage and then the challenge of home’s associations with
             those areas. He asked if he anticipated a place where there would be a lot of water
             that would cause neighborhood problems.

             City Engineer Wesselschmidt stated it would be the responsibility of the
             homeowner’s association to maintain open space areas.

             Councilmember Snell asked if it was an adequate size.

             City Engineer Wesselschmidt stated the size would not be a burden to the
             subdivision.

             Councilmember Snell stated the City has had some challenges where there is
             drainage or something that becomes a pond. He said in this day and age people
             are either donating land to the City or having drainage areas. He noted it is more
             and more difficult to calculate the true density because some of the land that is
             being given away is included in that calculation. He indicated the challenge for
             Council as a growing City is to determine what the City wants to be when the City
             grows up. He said the challenge west of K-7 Hwy is to determine what is the best
             land use and how it will effect everyone. He stated Council, the Planning
PAGE 14                        CITY COUNCIL MINUTES                         OCTOBER 28, 1996


          Commission and developers need to have a meeting so the Planning Commission
          has a direction. He asked if the City of Shawnee wants to have larger lot
          developments out in western Shawnee or does Shawnee want to continue the
          development as the City has between K-7 Hwy and I-435.

          Mayor Allen stated the way to address this is with a Comprehensive Plan and this
          is consistent with the Comprehensive Plan.

          Councilmember Douglas stated they are trying to put together a meeting for that
          very reason and she would like to see Council place a moratorium on all
          development west of K-7 Hwy. She said until Council can have this meeting and
          get things put together, she has a problem with anything west of K-7 Hwy being
          less than R-25. She stated she appreciates all the developer did with the
          amenities, increasing the size of the lots, and for working with Council to come
          up with a nice addition.

          Councilmember Goode stated things have changed west of K-7 Hwy and in this
          case all of this ground is in the sewer district so Council cannot compare with five
          to ten years ago. He said the sewer district is in and it is in the process of being
          expanded. He said he did not see any difference in this development when you
          compare it to Hillcrest, Woodland Farms, Brittany, Oakmont, and Seven Hills.
          He indicated that Seven Hills is a nice D.R. Horton project on Blackfish Pkwy and
          Rodrock is building houses from $250,000 - $400,000 across the street from that
          subdivision.

          Councilmember Truitt stated the developer has satisfied what was required by the
          Planning Commission. She said she feels Council should approve this project.

          Councilmember Teefey stated the developer submitted plans which is unique
          when it is not a planned unit development. He said one of the concerns in the past
          has been having houses with different looks. He asked if there was a commitment
          to a diversity of stone, stucco, and brick. He said that is one concern he sees
          especially out west where the houses all appear to be very similar. He asked that
          no more than 20% of homes have the same look, and that there be a proper mix of
          stone and brick.

          ROGER OBODICH, D.R. Horton Development, 10100 Santa Fe Drive, Overland
          Park, stated they have four different elevations per home plan and they have six
          different home plans scheduled for this subdivision. He said they have a total of
          twenty-four different looks for 104 lots. He indicated the customer drives what is
          going into the subdivision but they do build a lot of homes. He said they build
          probably 60% inventory and 40% build jobs so it is going to be controlled. He
          noted he did not want the same look anymore than anyone else does because he
          does not build like that.
OCTOBER 28, 1996                  CITY COUNCIL MINUTES                                  PAGE 15


             Mayor Allen asked if there would be some type of commitment on the front of
             homes to have a certain percent with stone and brick.

             ROGER OBODICH stated he has brick and stone on at least 50% of his
             elevations.

             BRAD DAVIDSON, Belle Meade Farms, stated western Shawnee, where he does
             most of his building, is getting the reputation for large estate lot development. He
             said because of the extreme lot size they have, you could fit six or seven of West
             Ridge’s lots in one of Belle Meade Farms’ lots. He stated they have done a very
             good job in buffering this subdivision. He indicated subdivisions like this belong
             east of new K-7 Hwy.

             Mayor Allen asked BRAD DAVIDSON if his subdivision has sewers.

             BRAD DAVIDSON stated no, they do not. He said his property can not be
             sewered because of the terrain.

             Mayor Allen stated as the City develops, except in extreme cases on lots that can
             not be sewered, long term from a maintenance standpoint he believes Shawnee
             should look for developments that can be sewered. He said if the City is going to
             require R-25 zoning west of K-7 Hwy, you shut it down to three acre lots or
             above. He indicated when property can be sewered, for the long term interest of
             the City, twenty-five to thirty years down the road, we need to have property that
             is sewered and can be serviced. He asked BRAD DAVIDSON how long he had
             the zoning on his property and when he started on his project.

             BRAD DAVIDSON stated early July 1996.

             Councilmember Breitenstein stated she felt BRAD DAVIDSON’s concern was
             not the size of the lots but the value of the homes and lots combined compared to
             Belle Meade. She said he was looking at building homes in the range of $350,000
             and he would be near a subdivision with homes ranging from $130,000 -
             $160,000.

             BRAD DAVIDSON stated the size of the lot goes hand in hand with the value of
             the property. He said they have enlarged the lots around the perimeter to R-10
             standards but 24 feet away across the street is 65 feet width lots.

             Mayor Allen asked Councilmember Breitenstein if Council is saying they want a
             community where the homes west of K-7 Hwy are $300,000.

             Councilmember Breitenstein stated no, when you look around Shawnee you see
             areas where there are higher price subdivisions and some type of a transition zone
             before coming in with a lower price subdivision. She said the City has done it
PAGE 16                        CITY COUNCIL MINUTES                       OCTOBER 28, 1996


          around Lake View and other areas and it is a point of contention. She indicated
          Council has an obligation to protect property values by what goes in around them.
          She noted if the City has upper scale developments she believes there needs to be
          some kind of a transition to the lower price homes.

          BRAD DAVIDSON stated sewering every piece of property is not necessarily in
          the best interest of the City. He said there are people living in Shawnee that
          would like to live in a country setting and not a R-9 subdivision.

          Mayor Allen stated when property owners have property and they want to develop
          it is another issue.

          BRAD DAVIDSON stated in regard to the extreme lot sizes he believes K-7 Hwy
          is a great buffer from the transition of R-9 subdivisions on the east side of K-7
          Hwy to R-25 and R-40 on the west. He said these lots are beautiful and the City
          of Shawnee has property out there that no other city has such as the river bluffs.
          He urged Council not to ruin this beautiful area so that you would only be able to
          see house top to house top. He noted he sold his 20 acre farm as a 20 acre farm
          and not to a developer.

          Councilmember Goode stated because BRAD DAVIDSON owns property that is
          not in a sewer district, he has no other choice developing anything under R-25 or
          R-40. He said the City wanted the sewer district in western Shawnee so they
          could increase the residential tax base so the rest of Shawnee can have lower
          taxes.

          BRAD DAVIDSON stated he was born and raised in Shawnee and he is not based
          out of Texas. He said the R-40 subdivisions that have gone up in western
          Shawnee are complimenting the City, have great character, are beautiful, and
          enhances the property. He stated he would like to make his home out in western
          Shawnee for the very reason that he would not have a neighbor 14 feet away from
          his property.

          Councilmember Goode asked what BRAD DAVIDSON proposed the developer
          do with this ground they own.

          BRAD DAVIDSON stated the property does not have sewers, they would have to
          do an extensive sewer extension. He said the property owners that own the
          property now should replat it into six R-40 lots. He noted they would come out as
          well if not better.

          CHARLIE BRUESING, 5163 Clare Road, stated he lives west of the proposed
          subdivision and is probably the least affected. He said he has concerns about
          Shawnee and the difficulties of the schools handling the number of children. He
          indicated if the DeSoto School bond issue does not pass, Shawnee will have a
OCTOBER 28, 1996                  CITY COUNCIL MINUTES                                  PAGE 17


             tremendous problem with schools. He noted the proposed neighborhood is starter
             homes and starter homes normally have young children. He asked where was
             Shawnee going to put these children. He said you can not build schools in a year
             but these new homes would be done within one year. He indicated Shawnee was
             doing children a disservice continuing to rush the progress in Shawnee. He asked
             what is Shawnee’s hurry. He said Shawnee is the greatest place to live in Kansas
             at this time, unless you want to live to the south off of 200th Street or Lawrence.
             He stated Shawnee has a market on land and they are not making any more land.
             He said further west of Clare Road there is nothing but R-40 or bigger homes,
             ranches, and farms where people want to live. He said there is a demand for that
             kind of property. He said the City should slow down, get the infrastructure in
             place, get roads in place, and get schools ready for the kids. He stated there is a
             road that goes under water on K-7 Hwy that no one has addressed and the
             developer has said nothing about redoing a bridge.

             Councilmember Goode stated land use has nothing to do with the capacity of
             schools. He said if land use is done correctly they will take the steps to float the
             bonds and build the schools. He indicated they did it years ago in the Shawnee
             Mission School District.

             Councilmember Breitenstein stated the school district has a problem because the
             density of the subdivisions going in is well beyond their expectations and
             planning. She said the DeSoto School District has come to Council and said “We
             are trying to keep up with you, but we can’t and we would like you to slow down.”
             She indicated she did not think anyone envisioned the high density of all the
             subdivisions that went in east of K-7 Hwy. She noted her concern about opening
             up development west of K-7 Hwy is the City does not have the revenue coming in
             to start maintaining that area. She stated there has been a lot of discussion about
             the City being behind on maintenance programs in the older sections of town. She
             said the City is adding infrastructure to it at an alarming rate and now before
             Council has a chance to plan, the City is jumping across K-7 Hwy and starting the
             same type of development in that area. She indicated she did not think the City
             was ready for it financially or from a planning standpoint.

             CHARLOTTE HARGIS, 6925 Ballentine, stated she was at the meeting when the
             DeSoto School Board asked Council not to grant any more tax abatements
             because they can not handle the attendance. She said you starve the school district
             by promoting tax abatements along with the development.

             BOB HEMENWAY, 5165 Old K-7 Hwy, stated he lives directly east of the
             property being discussed. He said there is a lot of concern regarding the children
             and he is now raising two grandchildren. He stated it appears that no one cares
             about anything but development and they don’t care how it is developed. He
             noted the school is a very big problem which the City has packed full. He said no
             one is sure the $57.5 million bond issue coming up is going to pass. He indicated
PAGE 18                         CITY COUNCIL MINUTES                          OCTOBER 28, 1996


          the street is a substandard rural road. He said they have a bridge right in front of
          their property that floods all the time. He stated they have flooding and a rotten
          road because of the high traffic. He said his family moved out to western
          Shawnee because they felt it was going to be developed as a sensible area. He
          indicated they have 6 1/2 acres that they are happy on. He indicated the area out
          there is a well developed area regardless of the sewers. He said the City would
          get as much tax revenue and tax base out of expensive homes unless the City is
          concerned about the sales tax. He asked why can’t there be a reasonable
          development put together. He said this plan that was put together for western
          Shawnee was put together a long time ago. He stated he would like the City to
          develop something a little nicer on the west side of K-7 Hwy and he hoped
          Council would back them.

          Councilmember Goode asked what BOB HEMENWAY proposed to do with this
          particular piece of land that lies in an available sewer district.

          BOB HEMENWAY stated it was not his land but it is in an area that requires
          protecting for the safety of children as well as the ability to put them in a school to
          get an education.

          Councilmember Goode stated he pays taxes on the sewer district in western
          Shawnee just like everybody else. He said it is not like it used to be when you
          were in a certain area you paid your share. He noted now everybody is paying
          taxes on that sewer district.

          Mayor Allen stated part of the emotion is that the developer brought a plan into
          the City and the overlay, buffering, and the screening they are doing are
          substantially more than what the City would require of most developers. He
          indicated if the majority of the Council wants that area R-25 or R-40, then it
          should be shown that way on the Comprehensive Plan. He said what the
          developer is proposing does match the Comprehensive Plan. He stated if Council
          wants to change the Comprehensive Plan they need to let everybody in the area
          know what it is and hold a public meeting on it and go forward. He said in good
          faith these developers have spent a substantial amount of money and the rules
          have changed. He indicated that people need to know what the rules are going
          into a project.

          BOB HEMENWAY stated he understands about rules and guidelines being set.
          He urged Council not to forget the schools, conditions of the roads, the flooding,
          and safety conditions.

          Councilmember Severance thanked the people who had participated in the
          meeting. He said this is a difficult issue for him and if every developer worked as
          hard as Joe Campbell on a development, Shawnee would be a better place. He
          stated the neighbors had been very civil and straight forward in voicing their
OCTOBER 28, 1996                   CITY COUNCIL MINUTES                                  PAGE 19


             opinions. He indicated the schools would have a problem with or without this
             development. He noted his concern was not where in the rules does it say the City
             would allow a substandard street to be adjacent to a new development. He said
             the street would not be curbed and guttered. He asked if streets without curbs and
             gutters would be the sort of thing involved with the Neighborhood Revitalization
             Program. He stated this is an issue of safety along Old K-7 Hwy and the
             improvements they would be making would be wiped out so the City could do it
             right the second time. He said this is a development that is ahead of its time, in
             terms of infrastructure. He indicated given the fact he does not feel it should go in
             before Old K-7 Hwy is completed, this would be an opportune time to revisit
             zoning for the whole area. He noted he had not been consistent or forceful
             enough communicating to City staff the type of development that he had
             envisioned for western Shawnee. He said he does not believe it is consistent with
             what is adjacent to it in Belle Meade Farms. He said Council needs to look again
             if this is in fact what the City wants there. He indicated that maybe the rules have
             changed in terms of what the zoning is as far as the Comprehensive Plan but
             because the rules have changed does not make it a right use for the land. He noted
             the City needs to be very careful in what is placed in western Shawnee.

             Councilmember Goode stated in the past collector streets have been built by the
             property owners on each side of the street and that is the reason Council can not
             force the developers to build a collector street, because other people own the
             ground on each side of the collector street.

             Councilmember Severance stated in order for Council to be consistent they need
             to make sure they are not perpetuating the problem they are trying to cure through
             the Neighborhood Revitalization Program.

             MAX DAMETZ stated it was indicated during the Planning Commission meeting
             that they would be replacing that bridge with a concrete box or pipe and the old
             bridge would be eliminated by the time they did the overlay. He said they would
             also be contributing $136,000 for their share of the ultimate improvement of Old
             K-7 Hwy. He said it is not like they would be putting a patch job out there and
             walking away from it since the City would be receiving escrow money for that.
             He noted he had discussed with the Engineering staff the fact you have to do so
             much filling and cutting. He indicated that this would require an extensive cut on
             the hillside and fill in the low spots. He stated he hoped no one was under the
             impression that they do not care how things develop in western Shawnee. He said
             they do care how they develop. He indicated his firm has just celebrated their
             50th year in business and they are the oldest civil engineering firm in Johnson
             County and he has worked there for 20 years. He said he has a select clientele and
             only people who do quality work.

             Councilmember Snell stated when an issue becomes controversial he goes back to
             the basic “golden criteria”, and one of the guidelines of how you plan and zone the
PAGE 20                        CITY COUNCIL MINUTES                         OCTOBER 28, 1996


          surrounding land uses and the highest and best use for property is the length of
          time that the land has been vacant. He asked if the City should take the first
          development plan that comes in. He said he is not comfortable that this is the best
          use for this piece of ground so he can not support this development at this time.

          Councilmember Truitt stated she would go back to the rules of the game and the
          developers have satisfied what is expected of them. She said she personally
          pledged to CHARLIE BRUESING, BRAD DAVIDSON, and BOB
          HEMENWAY that Council would look at and review the zoning in western
          Shawnee. She indicated at this time she will have to support this plan simply
          because the developer has jumped through every hoop that was asked of them.

          ROY BENNETT, 11125 Johnson Drive, stated he has sat where City Attorney
          Rainey has sat and endured 300 City Council meetings so he understands. He said
          he remembers when he first came to Shawnee in 1960, that zoning was haphazard.
          He indicated fortunately that is behind the City and they have a fine professional
          staff. He noted Council in their wisdom over the years have worked out a master
          plan for the entire area. He said in the current plan there is very high density
          development along the west side of K-7 Hwy. He said this is a perfect bridge
          between anticipated high density along the west side of K-7 Hwy, and the homes
          as they evolve west. He said as far as the immediate homes are concerned this
          subdivision is over valued. He indicated that the price range difference between
          West Ridge and Belle Meade Farms is the way it should be, it graduates which is
          perfect for this particular zoning and development. He stated the City has made
          an offer, “if you can meet our standards and guidelines, and meet all criteria, then
          your project should be approved.” He noted Council has agreed that these
          developers have been very easy to work with and they have spent about $15,000
          on this project. He said the developer has accepted the City’s offer and he thinks
          Council should accept their offer. He stated if in the future Council wants to
          change the zoning for the areas out in western Shawnee that is fine, but it has not
          been done at this time. He noted that this is a good development.

          BRAD DAVIDSON stated that Belle Meade Farms has gone through all of the
          headaches and redrawings of their plat just as the West Ridge subdivision has. He
          said they had to change some things and they are overlaying Clare Road down to
          55th Street to Clare subdivision and on Gleason Road. He said the City engineers
          require them to give the full 70 feet right-of-way off of their property. He
          indicated that D.R. Horton Development has met all the requirements of the City.
          He asked Council what is the idea for a Planning Commission and why can’t a
          project like this go straight to the City engineers and begin construction.

          Mayor Allen stated it is up to the Planning Commission to pass on the projects or
          approve it just like it would be for City Council. He said it is up to the City
          Council to approve or disapprove a project and Council does have the final say.
OCTOBER 28, 1996                   CITY COUNCIL MINUTES                                  PAGE 21


             Councilmember Truitt stated the Planning Commission’s job is to see that the
             requirements of the Comprehensive Plan are fulfilled. She said generally they are
             supposed to approve or disapprove if the required list is fulfilled. She indicated
             Council is supposed to take their advice, however, when it comes to zoning then
             that is when Council needs to start looking at changing the plan along with the
             Planning Department.

             Councilmember Goode stated in regards to other developers none of them have
             been asked to do any less than what has been asked of BRAD DAVIDSON.

             Councilmember Breitenstein stated she has heard this brought up a few times
             about high density residential development in the area of K-7 Hwy, but it is not
             planned for high density.

             Planning Director Chaffee stated according to the City’s Land Use Guide the area
             in this portion is shown as high density residential.

             Councilmember Goode, seconded by Councilmember Truitt, moved to approve Z-
             13-96-8 to rezone from AG (Agricultural) to R-9 (Single Family Residential) and
             preliminary plat for West Ridge subdivision for 104 single family lots in the 5000-
             5200 blocks of Old K-7 Hwy. The motion failed 3-5, with Councilmembers
             Goode, Meyers, and Truitt voting “aye”, and Councilmembers Teefey,
             Breitenstein, Severance, Snell and Douglas voting “nay.”

             Mayor Allen stated Council is discussing the possibility of this item going back to
             the Planning Commission.

             Planning Director Chaffee stated there are two options: 1) City Council can
             override the Planning Commission’s recommendations with six votes and the
             issue becomes dead and resolved; or 2) By a majority vote of the Council it can be
             referred back to the Planning Commission with very specific items that the
             Planning Commission is to look at. He indicated the Planning Commission is not
             to go through the whole rezoning hearing process again, but only to consider
             specific items. He said that can be done by the majority vote of the Council.

             Planning Director Chaffee stated the Comprehensive Plan does not say a piece of
             property should be zoned R-9, R-10, R-25, or R-40. He said the Comprehensive
             Plan is more general in nature and it makes statements that such properties should
             be zoned low density residential, one to five units per acre, rural residential which
             is an acre or larger, or high density residential, which is 10 units per acre or
             higher. He indicated to discuss amendments to the Comprehensive Plan the City
             can have a joint meeting with the Planning Commission, but a public hearing has
             to be held by the Planning Commission and their recommendations would be
             forwarded to Council.
PAGE 22                        CITY COUNCIL MINUTES                        OCTOBER 28, 1996


          Planning Director Chaffee stated some of the items Council needs to look at
          before making decisions are where certain ridgelines are, what areas the City
          thinks are going to be sewered, and does the City want to force acre subdivisions
          on ground that is sewered.

          Councilmember Severance asked if the direction to the Planning Commission
          concerning the Comprehensive Plan could be as general as the Council would like
          something higher than R-9. He asked what about issues regarding the Old K-7
          Hwy, and what specific direction would Council give the Planning Commission
          when it is really not a Planning Commission sort of item.

          Planning Director Chaffee stated you can give a direction but the problem you run
          into when you have a preliminary plat is that the plat is no good, so are you going
          to zone this person’s property R-10, then the plat becomes invalid because you
          can’t meet all the requirements. He said Old K-7 Hwy is something you can ask
          the developer to consider. He asked if the City is saying that if you are not on a
          street right now that has full improvements, curbs, and gutters then we don’t want
          to consider any kind of development. He indicated this is a bigger issue if the
          City is going to amend the Comprehensive Plan.

          Councilmember Severance asked if Council sends it back to the Planning
          Commission with reasons, and the Planning Commission says they do not agree
          with Council, then what is the next step. Councilmember Severance stated the
          message he would like to send to the Planning Commission is that Council has an
          honest difference of opinion here; and to the developers is that he did not expect
          that many minds would change when it went back through the process again.

          City Attorney Rainey stated when it comes back up the second time Council by
          simple majority vote can deny the rezoning, it would take a 2/3 vote to approve
          the item.

          Planning Director Chaffee stated Council should send the item back to the
          Planning Commission, letting them know Council has concerns over the density;
          the compatibility of this use with surrounding land uses; and the condition of the
          road. He said the only recommendation that came out of the Planning
          Commission is that they do overlay only adjacent to their property and nothing in
          addition to that.

          Councilmember Goode stated the density does fulfill its obligations as far as
          sewer district land is concerned, all across the City of Shawnee, and not just west
          of K-7 Hwy.

          Councilmember Severance, seconded by Councilmember Breitenstein, moved to
          send Z-13-96-8 to rezone from AG (Agricultural) to R-9 (Single Family
          Residential) and preliminary plat for West Ridge subdivision for 104 single family
OCTOBER 28, 1996                  CITY COUNCIL MINUTES                                  PAGE 23


             lots in the 5000-5200 blocks of Old K-7 Hwy back to the Planning Commission to
             look at the following issues: 1) density, 2) appropriateness of its use with the
             surrounding development, and 3) the condition of the road. The motion passed 6-
             2, with Councilmembers Douglas, Snell, Severance, Breitenstein, Teefey, and
             Truitt voting “aye”, and Councilmembers Goode and Meyers voting “nay.”

      Councilmember Severance, seconded by Councilmember Breitenstein, moved to take a
      five minute break. The motion passed 8-0, and the meeting recessed at 9:35 p.m.

      Upon return, Councilmember Douglas, seconded by Councilmember Goode, moved to
      reconvene. The motion passed 8-0, and the meeting reconvened at 9:41 p.m.

13.   CONSIDER THE FOLLOWING ITEMS FROM                                   THE      PLANNING
      COMMISSION MEETING OF OCTOBER 7, 1996.

      a)     Consider final plat for Autumn Park.

             Mayor Allen stated the Planning Commission recommended 10-0 that the Council
             approve FP-47-96-9, final plat of Autumn Park, for 59 single family residential
             lots at 70th Street and Midland Drive.

             Councilmember Severance asked if this is the preplat and asked if there had been
             any changes.

             Planning Director Chaffee stated this is identical to the preliminary plat the north
             line of Oakview shown plat has been moved a little further to the south so those
             property owners in Autumn Woods would acquire additional property.

             Councilmember Severance asked if this is a situation where there are just curbs
             and gutters on one side and not on the other in regard to the applicant will be
             required the west side of Midland Drive.

             Planning Director Chaffee stated there are no curbs and gutters on either side but
             the graves allow what it will do in the bottom of the subdivision and the curbs
             stop when you get down Stone Ridge then start up again.

             Councilmember Breitenstein asked if only two lots (11 and 12) have access onto
             71st Terr.

             Planning Director Chaffee stated the only two lots that have access onto 71st Terr
             are lots 9 and 10.

             Councilmember Goode, seconded by Councilmember Meyers, moved to approve
             FP-47-96-9, final plat of Autumn Park, for 59 single family residential lots at 70th
             Street and Midland Drive, subject to the following conditions:
PAGE 24                       CITY COUNCIL MINUTES                         OCTOBER 28, 1996




          1.    Recording of the final plat prior to issuance of any building permits;

          2.    Two (2) copies of the Homes Association and Deed Restrictions be
                submitted with the final plat for recording at the applicant's expense;

          3.    Payment of the $11,800 open space fee prior to recording of the plat or
                $200 per lot prior to issuance of building permits;

          4.    A sample landscape plan for the landscape easements be submitted to the
                Planning Department prior to filing of the recording plats;

          5.    Dedication of Tracts A-H to the adjacent property owners in Autumn
                Woods with the final plat;

          6.    Payment of the $43,795.10 Peripheral Street Fund fee to the Engineering
                Division prior to construction of any public improvements;

          7.    All streets be constructed to City standards. Preliminary street, stormwater
                collection, and street lighting plans shall be submitted to the City Engineer
                prior to recording of the plat. Individual final street, stormwater and street
                lighting plans shall be submitted to and approved by the City Engineer
                prior to any construction;

          8.    Compliance with the stormwater detention requirements through fee
                payment of $14,750 to the Engineering Division prior to commencing
                work on any public improvements;

          9.    The applicant provide documentation to the Planning Department
                identifying the extent of the 100-year floodplain for Little Mill Creek
                Tributary, routing of the base flood across 70th Street, and the lowest
                allowable opening for all lots adjacent to the floodplain prior to submittal
                of the recording plats;

          10.   The applicant shall identify the extent of the 25-year floodplain for Little
                Mill Creek Tributary and verify that the proposed width of the drainage
                easement complies with APWA design criteria, with such documentation
                provided to the Planning Department prior to submittal of the recording
                plats;

          11.   The applicant shall submit a landscape plan for the junction boxes to be
                located on Lots 5-18, 26-28, and 52-56, prior to recording of the final plat;

          12.   The applicant shall apply for an Environmental Protection Agency
                National Pollutant Discharge Elimination System permit (Construction
OCTOBER 28, 1996                   CITY COUNCIL MINUTES                                  PAGE 25


                    Activity Form 1) from the Kansas Department of Health. A copy of the
                    application shall be filed with the Engineering Division prior to issuance
                    of a grading permit. Upon approval of the permit, a copy shall be filed
                    with the Engineering Division;

             13.    Erosion control measures, to be approved by the Engineering Division, be
                    in place during construction;

             14.    Approval of all water main and fire hydrant locations by the Fire Chief and
                    installation prior to issuance of any building permits;

             15.    All public utilities shall be fully bonded and constructed prior to the
                    issuance of any building permits. Payment of all appropriate bonds and
                    inspection fees to the Engineering Division and obtain all appropriate
                    work permits, prior to any construction. The developer will be responsible
                    for the cost of City installed street signs;

             16.    A computation plat shall be provided showing 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. Also, shown
                    on this plat shall be the centerline miles of all newly dedicated streets.
                    The computation plat shall be submitted with the recording copies of the
                    final plat; and

             17.    Completion of the technical items outlined in the staff report and filing of
                    two (2) revised copies of the plats with the Planning Department prior to
                    filing of the recording plats.

             The motion carried 8-0.

      b)     Consider final plat for WestGlen Center.

             Mayor Allen stated the Planning Commission recommended 10-0 that the Council
             approve FP-50-96-10, final plat of WestGlen Center, 6th Plat, for three
             commercial lots at the SE corner of Midland Drive and Renner Road.

             Councilmember Douglas asked if the realignment of the creek would have any
             effect on the bike trail.

             Planning Director Chaffee stated it should not; it should make it better for the bike
             trail.

             Councilmember Goode, seconded by Councilmember Truitt, moved to approve
             FP-50-96-10, final plat of WestGlen Center, 6th Plat, for three commercial lots at
PAGE 26                         CITY COUNCIL MINUTES                         OCTOBER 28, 1996


           the SE corner of Midland Drive and Renner Road, subject to the following
           conditions:

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

           2.     Payment of the $2,412 open space fee be paid prior to issuance of a
                  building permit;

           3.     The applicant make application to FEMA for a Letter of Map Revision to
                  officially remove the filled area from the 100-year floodplain, with a copy
                  of the letter filed with the Engineering Division;

           4.     The applicant apply for an Environmental Protection Agency National
                  Pollutant Discharge Elimination System Permit (Construction Activity
                  Form 1) from the Kansas Department of Health and Environment and
                  submit copies of the application and permit to the City Engineer;

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

           6.     Erosion control measures are required to be undertaken and shall be
                  indicated on the grading plans, to be approved by the City Engineer. Such
                  measures shall be in place during all construction;

           7.     A computation plat shall be provided showing 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. Also, shown
                  on this plat shall be the centerline miles of all newly dedicated streets.
                  The computation plat shall be submitted with the recording copies of the
                  final plat; and

           8.     Two (2) revised plats, correcting the items listed in the staff report, shall
                  be submitted to the Planning Department prior to submittal of the
                  recording plats.

           The motion carried 8-0.

      c)   Consider rezoning request for Enchanted Lake Estates from Agricultural to Single
           Family Residential.

           Mayor Allen stated that the Planning Commission recommended 10-0 that the
           Council approve Z-16-96-10, rezoning from AG (Agricultural) to (R-80) Single
           Family Residential, and Pre-Plat-49-96-10, preliminary plat for Enchanted Lake
           Estates, 4th Plat, for four (4) single family lots at 64th Street and Gladstone.
OCTOBER 28, 1996                  CITY COUNCIL MINUTES                                 PAGE 27


             Councilmember Goode, seconded by Councilmember Truitt, moved to approve Z-
             16-96-10, rezoning from AG (Agricultural) to (R-80) Single Family Residential,
             and Pre-Plat-49-96-10, preliminary plat for Enchanted Lake Estates, 4th Plat, for
             four (4) single family lots at 64th Street and Gladstone, subject to the following
             conditions:

             1.     Approval and recording of the final plat prior to issuance of any building
                    permits;

             2.     Payment of the open space fee of $200 per lot prior to issuance of building
                    permits;

             3.     The applicant submit two (2) copies of the revised Homes Association and
                    Deed Restriction documents incorporating these lots, along with the
                    necessary recording fee, for recording with the final plat;

             4.     Utility junction boxes placed in the front yard areas for existing utilities
                    shall be screened with landscaping;

             5.     Permits shall be obtained from the Johnson County Environmental
                    Department for the septic systems prior to issuance of building permits.

             6.     The applicant shall submit a Covenant of Non-Opposition to future sewers
                    for recording at the applicant's expense, along with the recording plats;

             7.     The applicant comply with stormwater detention requirements through one
                    of the methods outlined in the staff report;

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

             9.     A computation plat shall be provided showing 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. Also, shown
                    on this plat shall be the centerline miles of all newly dedicated streets.
                    The computation plat shall be submitted with the recording copies of the
                    final plat.

             The motion carried 8-0. Having passed, Ordinance 2282 was assigned.

COUNCIL ITEMS

14.   CONSIDER THE FOLLOWING ITEMS FROM THE FINANCE                                       AND
      ADMINISTRATION COMMITTEE MEETING OF OCTOBER 8, 1996.
PAGE 28                           CITY COUNCIL MINUTES                       OCTOBER 28, 1996


      f)     Entergy Systems Lighting Proposal

             Councilmember Breitenstein stated that the Committee recommended that this
             item be tabled to the October 28, 1996, City Council meeting to allow more time
             for additional research of this proposal.

             Councilmember Breitenstein, seconded by Councilmember Goode, moved to table
             the Entergy Systems Lighting Proposal to the November 11, 1996 City Council
             meeting. The motion carried 8-0.

BUSINESS FROM THE FLOOR

a)    Front Yard Burning Requested By Jim Dhooghe, 6923 Albervan

      Councilmember Snell stated the City in years past has cooperated on the issue of Jim
      Dhooghe, 6923 Albervan, Ward Four, burning in his front driveway on a piece of metal.
      He said Mr. Dhooghe’s backyard is heavily wooded making it unsafe to burn, and he does
      not want to damage the sidewalk or driveway.

      Councilmember Snell, seconded by Councilmember Meyers, moved to allow Jim
      Dhooghe, 6923 Albervan, to burn in his front yard during the burning season. The
      motion carried 8-0.

STAFF ITEMS

15.   CONSIDER AGREEMENT BETWEEN THE CITY OF SHAWNEE AND KDOT
      FOR 71ST STREET AND GLEASON BRIDGE REPLACEMENT.

      Mayor Allen stated that the agreement is for bridge replacement at 71st and Gleason, P.N.
      3206. He said the total estimated project cost is $360,000 with KDOT funding 80% and
      the City’s share estimated at $130,000.

      Councilmember Breitenstein, seconded by Councilmember Douglas, moved to authorize
      the Mayor to sign the Agreement for bridge replacement at 71st and Gleason, P.N. 3206,
      with the total estimated project cost at $360,000 with KDOT funding 80% and the City’s
      share estimated at $130,000. The motion carried 8-0.

16.   CONSIDER BIDS FOR PLAYGROUND EQUIPMENT FOR JAYCEE PARK.

      Mayor Allen stated that bids were received on October 15, 1996, for playground
      equipment. He said staff recommends that Council award the bid to Little Tikes,
      Farmington, Missouri, in the amount of $39,668.75.
OCTOBER 28, 1996                  CITY COUNCIL MINUTES                                 PAGE 29


      Councilmember Douglas, seconded by Councilmember Meyers, moved to award the bid
      to Little Tikes, Farmington, Missouri, in the amount of $39,668.75, for playground
      equipment at Jaycee Park. The motion carried 8-0.

MISCELLANEOUS ITEMS

17.   CONSIDER APPROVAL OF SEMI-MONTHLY CLAIM FOR OCTOBER 28,
      1996, IN THE AMOUNT OF $1,249,896.72.

      Councilmember Breitenstein, seconded by Councilmember Teefey, moved to approve the
      semi-monthly claim for October 28, 1996, in the amount of $1,249,896.72. The motion
      carried 8-0.

18.   MISCELLANEOUS COUNCIL ITEMS.

      a)     Change the time of the Finance & Administration Committee Meeting on
             November 5, 1996 to 6:30 p.m. instead of 7:00 p.m. because of Election Day.

             Councilmember Breitenstein, seconded by Councilmember Severance, moved to
             change the starting time for the November 5, 1996 Finance & Administration
             Committee Meeting to 6:30 p.m. The motion carried 8-0.

      b)     Deffenbaugh Industries Burning

             Mayor Allen stated this item would allow Deffenbaugh Industries to burn in an
             area of the landfill that has been approved by Fire Chief Hartley specifically for
             disposing of the tree limbs from the recent snowstorm. He said there would
             normally be a $75 fee with a $25 fee for each additional day that they would burn,
             and the City is asking that the fee be waived.

             Councilmember Snell, seconded by Councilmember Goode, moved to allow
             Deffenbaugh Industries to burn in an area of the landfill that has been approved
             specifically for disposing of the tree limbs from the recent snowstorm, and to
             waive permit fees of $75 and $25 for each additional day. The motion carried 8-0.

      c)     Senior Citizens - Volunteers For Tree Limb Pick-Up.

             Councilmember Douglas asked if the City had received a lot of calls from Senior
             Citizens having problems getting their tree limbs out to the curb for Deffenbaugh
             to pick up.

             Councilmember Goode stated he had not received calls from his Ward because he
             believes young people have helped Senior Citizens.
PAGE 30                            CITY COUNCIL MINUTES                      OCTOBER 28, 1996


            Mayor Allen stated he was aware of a few situations and people in his office along
            with himself went out and solved the problem. He said if the City is aware of this
            problem it can be rectified.

            Councilmember Breitenstein stated she would like to thank Deffenbaugh for
            taking over the job of picking up the tree limbs for the City.

      d)    Change the Burning Schedule

            City Manager Montague stated the issue is whether or not Council will change the
            burning schedule. He said currently the City allows burning on Monday,
            Thursday, and Saturday between the hours of 8:00 a.m. to 2:00 p.m. He indicated
            the City has had request for an extension of the current burning schedule.

            Councilmember Teefey stated since the City is allowing for pick-up, the need for
            burning should go down.

      e)    Political Signs - Illegal Places

            Councilmember Severance stated it is a week before Election Day and there are
            political signs in illegal places.

            Mayor Allen stated that City staff is aware of this situation.

      f)    Wedgewood Development

            Councilmember Severance stated he had a complaint in the Wedgewood
            Development where the trucks were backing up and parking on the trail while
            people were trying to use the trail. He asked that City staff remind the developer
            at Wedgewood to be more considerate there.

      g)    K-7 Hwy Meeting - Wednesday, October 30, 1996

            Councilmember Severance stated the K-7 Hwy meeting will be Wednesday,
            October 30, 1996, at 6:00 p.m. at City Hall. He asked that the City notify the
            newspapers of that meeting.

ADJOURNMENT

Councilmember Goode, seconded by Councilmember Truitt, moved to adjourn. The motion
carried 8-0, and the meeting adjourned at 9:58 p.m.
OCTOBER 28, 1996               CITY COUNCIL MINUTES   PAGE 31


____________________________
Sonya Fendorf
Recording Secretary

				
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