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					                              CITY OF SHAWNEE
                 PUBLIC WORKS AND SAFETY COMMITTEE MEETING
                                  MINUTES
                                 MAY 18, 2004
                                   7:00 P.M.

Chairperson Newby called the meeting to order at 7:02 p.m.

 Committee Members Present                      Staff Present
 Councilmember Scott                            City Manager Montague
 Councilmember Goode                            Deputy City Manager Gonzales
 Councilmember Newby                            Public Works Director Freyermuth
 Councilmember Kuhn                             City Attorney Rainey
                                                City Engineer Wesselschmidt
 Other Councilmembers Present                   Finance Director Meyer
 Councilmember Sawyer                           Fire Chief Hudson
 Councilmember Sandifer                         Parks and Recreation Director Holman
                                                Police Chief Clark
                                                Traffic Engineer Sherfy

Members of the public who spoke were: Item 1) – MICK HALTER, Metro Engineer, KDOT;
and JOE BRAND, HNTB Consulting Engineers; Item 2) – MARK SIMPSON, Mill Creek Land
Co., LLC; BRICK OWENS, Director of Land Planning HNTB Consulting Engineers; TODD
CLARK, CE Golf Design; SAUL ELLIS, Mill Creek Land Co., LLC; ALMEDA HODGES,
7832 Woodland; DICK CLANCY, 4730 Black Swan Drive; JOHN SEGALE, 11425 W. 50th
Terrace; JACK DEYOE, Director of Operations, U.S. D232 DeSoto Schools; ROBERT
HODGDON, 21405 W. 73rd Terrace; JACK WATERS, 6333 Long; RONALD RINER, 5243
Bond; BRENDA DAMEL, 5843 Meadow Sweet Lane; DON LANE, 7725 Woodland; ROD
ENGLAND, 6918 Widmer; LINDA LAMB, 7531 Monticello; BRIAN FREEMAN, 22002 W.
47th Terrace; and MARVIN HALVORSEN, 7638 Woodland.

1.     DISCUSSION OF KDOT AND K-7 HIGHWAY.

       Chairperson Newby stated KDOT is doing a corridor study on K-7 Highway,
       Leavenworth, south to Olathe and has asked for an opportunity to address the City
       Council on their plans and to receive any input the Council may have in regard to the
       corridor study.

       MICK HALTER, Metro Engineer for the Kansas Department of Transportation (KDOT),
       thanked the Council for the opportunity to be present this evening. He stated he knows
       they are on a short timeframe. He introduced Joe Brand with HNTB Consulting
       Engineers, who is KDOT’s prime consultant, on what he considers the second phase of
       this corridor study. He stated that about a year or two ago, KDOT completed, along with
       the local units of government, a technical study of the corridor, where they determined the
       existing and projected conditions and what some of the options may be to make this
MAY 18, 2004               PUBLIC WORKS AND SAFETY COMMITTEE MINUTES                           PAGE 2



       corridor function properly. He stated this is the second phase that carries on from there
       and is a very important project to the Secretary of Transportation. He stated in order to
       get some of this information back from the cities, they have requested the meeting this
       evening.

       Chairperson Newby stated the Council certainly appreciates all of the communications
       from KDOT. He stated he attended one of the meetings last month, or at the end of
       March, and thanked Mr. Halter very much for all of the communications. He stated the
       Council is anxious to have this discussion.

       JOE BRAND, HNTB Consulting Engineers, stated the first part he would cover would be
       to give a brief overview of the study which is just getting started and then the remainder
       of time would be to hear from the Council what issues are important to the City, so those
       issues can be addressed as they move forward in this study. He presented two boards to
       the Council and passed out handouts showing the same information.

       JOE BRAND stated there was a previous study performed about a year or two ago which
       was primarily technically-based and it looked at the K-7 corridor. He asked if K-7 were
       to continue to develop as it currently is, what would be the implications of that or some of
       the problems along the corridor. He stated there was a November 4, 2003 workshop that
       the Secretary of Transportation sponsored where, basically, KDOT heard from all of the
       communities that there was consensus that KDOT should move forward with a more
       comprehensive study. He stated that is the study that they are embarking on at this time.

       JOE BRAND stated the Council might ask what is going to be different with this study,
       versus the original study. He stated there are really three major areas of difference. He
       stated the first area is that while the first study focused primarily on the main line of K-7
       itself, this study will look at the local street system to make sure that it all works together.
       He stated KDOT does not want to focus on one at the expense of the other and vice versa.
       He stated to do that, they are developing a travel demand model for the entire corridor, so
       to better understand the relationship between land use development and the traffic that it
       generates.

       JOE BRAND stated he would walk the Council through the corridor itself. He stated it is
       not altogether different from the original study and basically begins at the Johnson
       County/Miami County line at the south end and runs up to Lansing and Leavenworth on
       the north end. He stated KDOT has broken it into three segments. He stated each
       segment has its own unique characteristics and its own communities related to that
       particular segment. He stated that while the corridor will start off with a regional look, it
       will eventually break out into these smaller three segments as more of the details of the
       study are explored. He stated he should also point out that even though the study shows a
       continuous corridor along the whole length, there are certain areas within the corridor
       where the future K-7 has pretty much already been decided. He stated he would give the
       example of downtown Olathe. He stated downtown Olathe is basically acting as an
       arterial street with a lot of existing access along there. He stated the section in northern
MAY 18, 2004               PUBLIC WORKS AND SAFETY COMMITTEE MINUTES                         PAGE 3


       Olathe, Lenexa, and southern Shawnee is essentially operating as a freeway. He stated
       KDOT will focus more of their time on other areas where the future K-7 is still up in the
       air.

       JOE BRAND stated the second difference with this study is that, unlike the first study,
       where will be a lot more community involvement and community interaction. He stated
       the Council will see that as he takes them through the project approach and schedule
       board in a few minutes.

       JOE BRAND stated the third difference is that when arriving at the end of this study,
       KDOT wants to have a clear conclusion. He stated that is going to be in the form of
       developing these memos of understanding, or agreements, between KDOT and the
       communities; things that each party can use as a planning tool moving forward over the
       next 25 to 30 years. He stated those are the three big differences between this study and
       the last study.

       JOE BRAND stated that in terms of the five major objectives of this particular study, the
       first is to determine the basic facility type within each of those segments; is it going to be
       more like a freeway or more like an urban arterial. He stated the second objective is to
       take that recommendation and that template and identify specific access points that will
       be allowed and to develop the local street system that needs to go along with that so it all
       works together. He stated the third objective is then to identify the basic right-of-way
       footprint with all of these improvements to the communities and KDOT have the ability
       to know that they need to be preserving certain parcels of land for future improvements.
       He stated the fourth objective is to come up with a phased implementation plan. He
       stated that is to identify things that need to occur within the corridor over the next 25 to
       30 years and being able to prioritize those into short term and long term improvements.
       He stated most of the short term improvements, in the near term, are probably going to be
       things that do not cost a lot of money. He stated KDOT does not have a lot of money in
       their current highway bill. He stated things like right-of-way preservation and cleaning
       up some of the access along the corridor are things that will be more a part of the short
       term. He stated larger improvements will come in the years out quite a ways. He stated
       the final objective is to develop those memos of understanding or agreements that he
       alluded to earlier. He stated it will be to basically have a tool that everyone can point to
       when developers come in and to have a clear understanding of the plan as everyone
       moves forward.

       JOE BRAND next walked the Council through is the schedule. He stated that basically
       the overall study period, as shown on the timeline, is 18 months. He stated his firm has
       broken it into two phases: Phase 1 – Corridor Analysis and Phase 2 – Segment Analysis.
       He stated both phases will basically take around 9 months. He stated in Phase 1 the focus
       will be more on a regional or corridor-wide look. He stated that through working with the
       communities, everyone is going to be working together. He stated at the end of Phase 1, a
       preliminary recommendation will surface on facility type; asking if it is going to be more
       like a freeway or more like an urban arterial. He stated Phase 2 will be broken out into
MAY 18, 2004              PUBLIC WORKS AND SAFETY COMMITTEE MINUTES                         PAGE 4



       the smaller three segment groups, working out the details. He stated it will be determined
       in a particular segment if the corridor is identified to be more like a freeway or more like
       an arterial. He stated they will then ask where the access points are going to be allowed,
       specifically, and what is the local street system that needs to go along with that to make it
       all work. He stated they will then come up with a phased implementation plan and end it
       all with the memos of understanding and agreements.

       JOE BRAND continued with the timeline. He stated the top row, basically, identifies all
       of the technical activities the study team will be undertaking, moving forward with the
       project. He stated all of the boxes along the bottom of the timeline signify the community
       interaction and the community involvement being proposed as part of this project.

       JOE BRAND stated he would quickly take the Council through some of the acronyms.
       He stated TC is the Technical Committee that will be formed for this project. He stated it
       will basically be composed of one to two individuals from each community; the traffic
       engineers and planners. He stated as the travel demand model comes up with an overall
       land use plan for the corridor, KDOT will meet with the Technical Committee to receive
       feedback and buy into the technical process as they go along. He stated this will ensure
       that everyone is on the same page.

       JOE BRAND stated AC is the Advisory Council. He stated these will be the higher level
       individuals from each community. He stated they are looking for two individuals from
       the City of Shawnee. He stated these will be folks like the mayor on down to the public
       works directors. He stated these will be people that can make decisions for the City and
       speak for the City and try to come to some sort of consensus along the corridor. He stated
       KDOT will meet six or seven times with both the Technical Committee and the Advisory
       Council throughout the length of the 18-month period.

       JOE BRAND stated the POB’s are Public Officials Briefings. He stated these will be
       similar to the group assembled back in November 2003 at the workshop. He stated these
       will be people such as the elected officials, state representatives, mayors, and public
       works directors. He stated it will probably be a fairly large group and at the POB in
       November 2003 there were present around 60 to 70 people. He stated that basically there
       will be three of those briefings. He stated one would be right at the onset and one each,
       prior to the two public meetings planned for the project. He stated a public meeting is
       planned for the end of Phase 1 and one is planned towards the end of Phase 2. He stated
       that is the PM – Public Meeting - shown on the chart.

       JOE BRAND stated KDOT is proposing two CCM’s which are City/County Meetings.
       He stated there will be two rounds of meetings with each of the communities. He stated
       that is what is happening tonight. He stated that tonight’s meeting represents the
       individual meeting with Shawnee and KDOT feels it is important to sit down at the
       beginning of the two phases individually with the communities so the Council and the
       communities have the opportunity to speak to KDOT specifically about their issues, to
       make sure they are staying on target with what is important to each community.
MAY 18, 2004               PUBLIC WORKS AND SAFETY COMMITTEE MINUTES                          PAGE 5




       JOE BRAND stated this was basically a quick overview of the project, scope, objectives,
       and schedule that KDOT will follow. He stated he would now open it up to any questions
       that the Council might have. He stated KDOT is interested in knowing what issues are
       important to the Council as they move forward with the study and what is the Council’s
       vision for K-7.

       Chairperson Newby thanked Mr. Brand and stated it was a very good overview. He
       stated that probably the biggest issue in front of the Council, at this time, is the one talked
       about at the end of March 2004; the right-of-way issues on existing property. He asked
       Mr. Brand how the timing of that would work against this study, knowing that there is
       only so long of a period of time that development can be delayed.

       JOE BRAND stated that in a perfect world it would be nice if everyone could wait until
       the end of the 18 months. He stated KDOT realizes there are going to be situations and
       cases that come up over the next 18 months that will have to be dealt with individually
       and give it their best shot as to what to do at that time. He stated KDOT will probably
       take more of a conservative approach at that time, not knowing where they are really
       going to end up and maybe fine tune it at the end. He stated KDOT realizes the world can
       not wait 18 months until they come up with their final recommendation. He stated
       KDOT will have to work it on a case-by-case basis.

       Councilmember Kuhn stated she is a little less concerned about the 18-month timeframe
       as she is the long term and how long it is really going to take before anything happens.
       She asked Mr. Brand what he sees coming about that will change the budgetary concerns
       in getting this project done right now when there is no more money to do it.

       JOE BRAND answered by stating that the first thing is to figure out what to do and that is
       the first objective of this study. He stated the short term and long term improvements
       will be laid out. He stated that as they go along here, he should also point out that as part
       of the team, there are two attorneys, Steven Chin and Tim Orrick, who are real estate and
       access management experts. He stated they will be working with each community. He
       stated KDOT wants to first of all figure out what tools the communities currently use to
       manage access and he is sure every community has their own list of tools. He stated all
       of those tools will be put together and other tools will be suggested that these experts are
       familiar with, throughout the rest of the country for enforcement mechanisms from an
       access management standpoint. He stated that once they come up with a plan and have
       the enforcement mechanisms, it will also have to be discussed how to communicate
       projects as developments come in; how does the City communicate to KDOT that
       something is coming in and what needs to be done and vice versa. He stated KDOT will
       be developing all of that as they move forward.

       Chairperson Newby stated that at the meeting at the end of March 2004, he remembers
       the Secretary of Transportation talking about other communities that were a little more
       vocal about their needs. He stated K-7 is very important to Shawnee and he does not
MAY 18, 2004              PUBLIC WORKS AND SAFETY COMMITTEE MINUTES                         PAGE 6



       know if he can speak for the Council, but his objective is that Shawnee is the squeakiest
       wheel. He stated any argument that someone else could make, Shawnee could make it
       stronger and louder. He stated that is his overall concern. He stated the interchanges on
       K-7, while Shawnee certainly wants to work with KDOT and probably are as willing to
       work with KDOT as any community here, also believe that their community is, naturally,
       the most important.

       JOE BRAND stated that, quite honestly, KDOT wants to know what Shawnee is
       thinking. He stated they do not want to move along for 18 months and be surprised at the
       end. He stated if the Council has something to say during this process, KDOT is all ears
       and wants to listen and react to it. He stated he encourages open and honest
       communication.

       Councilmember Goode stated that Mr. Brand brought up this idea about working on a
       corridor up around Lansing, which is farther south. He asked Mr. Brand how far south
       they plan to go with this plan.

       JOE BRAND stated the overall corridor is from Lansing down to Spring Hill, but KDOT
       is breaking it into three pieces. He stated that someone in Lansing, probably does not
       care that much about the details worked on in Spring Hill.

       Councilmember Kuhn stated, going back to where Mr. Brand talked about the changes in
       the new study versus how it was done previously, one of the first things talked about was
       the model and how it is going to look at how the actual traffic is affected and not just K-7.
       She asked how often KDOT plans, during the new study, to update that based on new
       developments and not just along 55th and 75th on K-7.

       JOE BRAND stated since KDOT will be moving so quickly through the study, there will
       not be that many opportunities to have to worry about updating it. He stated Phase 1 is
       where they will be doing the bulk of developing the model, but as they get into Phase 2
       and work through the details of the model and there is probably an opportunity at the
       beginning of Phase 2 to look at possibly updating it.

       Councilmember Kuhn asked if Shawnee’s Advisory Council would present it to KDOT,
       assuming they would be developing those and this is how the City wants it.

       JOE BRAND answered Councilmember Kuhn is exactly correct. He stated, to get a little
       more specific, the first step is to create the model and KDOT will use Johnson County’s
       current model and other things developing a new model in the northern sections that do
       not have a model. He stated the very first thing is to come up with KDOT’s best
       representation of the existing land use plan and then come up with a future land use plan.
       He stated KDOT will be gathering data from all of the surrounding communities and put
       it together into something that makes sense, so there is no overlap and duplication. He
       stated KDOT will meet with the Technical Committee and work through all of those
MAY 18, 2004               PUBLIC WORKS AND SAFETY COMMITTEE MINUTES                         PAGE 7


       details. He stated if a new development comes up, the City Planner in a community or
       the Traffic Engineer can make KDOT aware of it.

       Chairperson Newby asked, from a KDOT perspective in looking up and down K-7, where
       would the be KDOT’s biggest choke point; would it be 75th Street, 47th Street. He stated
       the Council has told them they think it should be all of those.

       JOE BRAND stated that quite honestly until they work through the land use and the
       traffic they are dealing with and until they get to the point where they can prioritize those
       improvements, he really can not answer that question. He stated he really does not know
       what needs to be done first, second, third, and fourth.

       Chairperson Newby stated this discussion is for informational purposes only.

       JOE BRAND asked the Council, as they look through their section of the corridor, what
       is their vision; is it for more of a freeway type section in the areas where it really has not
       been determined exactly what it is going to be, or is it more like an arterial.

       Chairperson Newby stated he believes, and asked the Council to correct him if he is
       wrong, the City would like to see, in a perfect world, a freeway with interchanges.

       Councilmember Goode stated Shawnee is looking for easy on/easy off, ingress/egress.
       He stated at the same time, the City does not want to be held up as far as through traffic is
       concerned.

       Councilmember Sandifer stated K-7 is going to be the highway of the future and believes
       they need to do something well with it to make sure it is going to last.

       Chairperson Newby thanked Mr. Brand for his very articulate presentation of the effort
       and stated the Council wants to do anything they can to move this study along and also be
       a friendly squeaky wheel.

       Councilmember Goode stated the City will cooperate with KDOT in any way possible
       and get the City staff involved. He stated he knows KDOT has to work with those people
       to know the points that need to be connected and disconnected. He asked if KDOT was
       going to take that step first and get with the people of the City who know the inside and
       outside of things.

       JOE BRAND stated Councilmember Goode raised a good point. He stated he should
       probably tell the Council that KDOT is planning their first Advisory Council meeting on
       June 14, 2004, so they will send out meeting notifications to each of the communities.
       He stated KDOT would like to know the names of the two individuals sitting on that
       particular committee, as soon as it is convenient. He stated the first Technical Committee
       meeting will be held shortly thereafter. He stated KDOT will be meeting with, he
MAY 18, 2004              PUBLIC WORKS AND SAFETY COMMITTEE MINUTES                        PAGE 8



       assumes, the City Planner and City Traffic Engineer to get into the kind of details that
       Councilmember Goode just brought up.

       Chairperson Newby asked City Manager Montague if he and the Mayor would discuss the
       two people to be selected for this committee. He thanked Mr. Brand for his presentation.

       City Manager Montague stated that the Mayor will make those appointments very soon.

2.     DISCUSSION OF GOLF COURSE.

       Chairperson Newby stated that Mark Simpson, Managing Member of the Mill Creek
       Land Co., LLC, will be at the meeting to make a presentation of their proposed golf
       course community, to be named The Links at Mill Creek.

       Chairperson Newby stated his hunch is, by looking at the audience, that there are
       probably several people who would like to discuss this in some way, beyond the
       presenters planned. He stated he would ask the presenters to have a tight presentation and
       then would ask that the public comments be contained to 3 minutes each for the flow of
       the meeting.

       MARK SIMPSON thanked the Governing Body for allowing him to present on this
       important development. He introduced himself by stating he is a residential developer of
       communities in Johnson County. He stated he and his partner, Saul Ellis, started Mill
       Creek Land Company and Shawnee Youth Golf Foundation for the purpose of doing a
       development in Shawnee. He stated that he and Saul Ellis have done four of these
       developments in the past to various degrees. He stated the Links at Lionsgate is one
       development they are just finishing up at 143rd and Nall. He stated that prior to that, they
       were involved in the Hallbrook subdivision, which was principally Saul Ellis and himself
       and Nottingham by the Green. He stated this project is a very close copy of what
       happened at Nottingham by the Green 15 years ago. He stated Nottingham by the Green
       was started in 1989 at a meeting much like this meeting tonight, with the Governing Body
       of Overland Park. He stated they developed around Leawood’s Iron Horse Golf Course.
       He stated they did not build that golf course, but did cooperate with the city on numerous
       issues on storm sewers, common property lines, fences, utility crossings, easements and
       things of that nature.

       MARK SIMPSON stated this project is a landmark project for him and Mr. Ellis. He
       stated they started working on this project about 2 ½ years ago. He stated it was first
       brought to their attention by a number of their builders and by people in Shawnee of a
       crying need for affordable public golf and public open dedicated green space, and the
       ability to offer housing at the next level on a large scale where business owners,
       professionals, and other people that love living in the City of Shawnee and whose kids
       like the DeSoto school district, would be allowed the same opportunity as people moving
       into the Kansas City area that are not available right now in Shawnee. He stated they saw
       the vision that the people in Shawnee shared with them and looked for land for a long
MAY 18, 2004               PUBLIC WORKS AND SAFETY COMMITTEE MINUTES                         PAGE 9


       time. He stated they found this tract of land and discovered after putting several of the
       tracts under contract that there was a gas storage field from the 1920’s, owned by
       Williams Gas, that prevented being able to develop the property because of the easement
       to the gas company. He stated they then worked with the gas company after the contracts
       lapsed in early 2003. He stated they worked with the gas company to get the easements
       released because this gas storage field has not been used for over 10 years. He stated the
       gas company did release those easements in January 2004. He stated they have now put
       the majority of the property back under contract and have been working very diligently
       with a professional staff to try to come up with a plan that is a win for them and a win for
       the City of Shawnee and the Shawnee Governing Body.

       MARK SIMPSON stated his company very much looks at this as a public/private
       partnership. He stated they have done this in the past with Nottingham by the Green. He
       stated Assistant City Manager Gonzales has a letter that she will distribute to the Council.
       He stated he called the Manager of Golf Course Operations and the Parks Director of the
       City of Overland Park and asked them to write him a letter in retrospective after 15 years,
       again as it being just like this starting in 1989 and asked what their thought were as a City
       and as the recipient of their golf input with the golf operations. He stated he is pleased
       that Overland Park did have such a positive experience. He stated he would quote the last
       paragraph of the letter from Sandy Queen, Manager of Golf Course Operations, City of
       Overland Park.

       “If you ever want to do another By the Green or Westlinks type development in Overland
       Park, make sure and call me first. This has been a perfect experience for me and the City
       and I would not hesitate to recommend to the Governing Body that we undertake another
       golf course in partnership with you someday in the future.”

       MARK SIMPSON stated he would very much like that same letter to come from
       Shawnee’s Director of Golf, 15 years from today. He stated these are very difficult
       projects. He stated this project is particularly difficult in that there are 11 land owners of
       various interests; some in-state, some out of state, and some with different goals than
       others to deal with. He stated his company has worked with them very diligently in the
       last year to try to bring them all together. He stated a professional development team was
       put together to undertake a project of this scale. He stated the team consists of himself
       and his partner, Saul Ellis, who is his partner both in Mill Creek Land Company and the
       Shawnee Youth Golf Foundation.

       MARK SIMPSON stated the Shawnee Youth Golf Foundation will be established for a
       two-fold purpose. He stated it will buy that land for approximately $7 million and lease it
       to the City for $1.00 per year. He stated it is anticipated that over the term of the
       development it will donate, as much as they did at Nottingham by the Green, all or the
       majority of the land, 98-99% of the land, to the City in phases. He stated they would ask
       one thing in return for that $7 million and that would be that the Shawnee Youth Golf
       Foundation be granted two Mondays a year to host a tournament for all Shawnee children
       youth golfers on the first Monday of school getting out each year and the last Monday
MAY 18, 2004              PUBLIC WORKS AND SAFETY COMMITTEE MINUTES                        PAGE 10



       before school resumes each year in the DeSoto district. He stated there would be another
       all Johnson County tournament where the champions of Shawnee from June would play
       Overland Park, DeSoto, Prairie Village, Merriam and kids from all over Johnson County
       and a Johnson County Championship Golf Program would be developed for youth with
       that. He stated his company would take care of everything else with it, but would ask that
       the City allow access to the course for those two days per year. He stated all of the
       sponsorship, awards, and food would be free to all Shawnee children who enter. He
       stated they would have a process to select the top five in each age bracket, so that is what
       Shawnee Youth Golf Foundation’s purpose will be; to own the land, acquire it, lease it,
       and then host these tournaments.

       MARK SIMPSON stated that Saul Ellis has been a builder for many years. He stated Mr.
       Ellis has built 1,400 homes in Johnson County and developed over 50 communities,
       including the Hallbrook subdivision, which he mentioned earlier.

       MARK SIMPSON stated Todd Clark is with CE Golf Design. He stated CE Golf Design
       is who they have been working with for about a year now to come up with a design for
       the golf course. He stated the good news is that the golf course is fantastic. He stated
       there are tremendous vistas, great natural grades, and aged hardwood trees that will be
       maintained. He stated they are able to alleviate one of the biggest golf course expenses;
       water. He stated they will store approximately 60 million gallons of water in four lakes
       that will allow the golf course to save $150,000 each year, which is a typical watering bill
       for a golf course, because they will recirculate 100% of the stormwater on the site to the
       golf course lakes that will also deal with downstream stormwater and flooding issues. He
       stated Mr. Clark has been instrumental in the Falcon Ridge, Prairie Highlands, Winter
       Stone, and Falcon Valley courses here in Kansas City. He stated Mr. Clark will be on site
       every single day as the architect to make sure the plan is followed and they are as efficient
       as possible in building this golf course for the City.

       MARK SIMPSON stated Mark Young is the General Manager of Country Club Tree
       Service. He stated Mr. Young is a Certified Arborist and will help with a tree population
       study to determine what trees are dead, what trees are specimen trees that need to be kept,
       which ones can have a well put around them, which ones to retain, and which ones to thin
       out so that the better trees live. He stated Mr. Young will help the developers be a part of
       maintaining the natural character in the woods that is so much a part of the golf course
       and the community.

       MARK SIMPSON stated this golf course will be the largest golf course, by far, in Kansas
       City at 250 acres. He stated the second largest currently is Heritage Park at 210 acres. He
       stated a normal 18-hole golf course is 150 to 160 acres. He stated this is not by choice;
       this is really what Mother Nature led them to do with the land. He stated all 250 acres
       has to be purchased and donated all to the City or leased for $1.00 per year, but the grades
       are such and the rugged nature of the terrain is such that Mother Nature really dictates
       where the course ought to be. He stated that allows very big setbacks on the golf course.
       A complaint of a lot of golfers and a lot of communities is that the homes are too close to
MAY 18, 2004              PUBLIC WORKS AND SAFETY COMMITTEE MINUTES                       PAGE 11


       the course. He stated it is an area of conflict between the homeowners and residents of
       the community and golfers and none of that will be much of a problem here. He stated a
       golfer will have to hit the ball 150 feet off of where it was intended and then up 80 feet
       through the trees to hit the neighbor next door, so that will not be a problem. He stated
       Mr. Young will be instrumental in helping to do everything possible to maintain as many
       trees as they can. He stated they are also working with the National Arbor Day
       Foundation in Nebraska City on some certifications and programs.

       MARK SIMPSON stated Steve Foster is the owner of Adaptive Ecosystems. He stated
       Mr. Foster used to be with the U.S. Corps of Engineers and he will help with all the
       stormwater control issues, silt leaving the site, and any environmental issues that arise on
       the site over and above what the geotechnical people will do. He stated Mr. Foster will
       be instrumental in this project.

       MARK SIMPSON stated Harold Phelps is the Principal of Phelps Engineering and they
       will be the civil engineers and responsible for designing the entire infrastructure, both on
       the golf course and on the community. He stated it is very important with one of these
       major projects that everyone involved coordinate in a perfect manner the relationship
       between the golf course and the homes. He stated all of the utilities have to cross the golf
       course; all of the sewers, water lines, and storm sewers have to come out of the
       community and 100% of that be gathered by the golf course lake and drainage system so
       that there will be plenty of water and no flooding downstream. He stated all of the silt
       will be maintained on site and there are a million interactions to do. He stated that having
       a quality civil engineer do both projects and make those two planes come together will be
       critical to the success of this project.

       MARK SIMPSON stated Joy Hays is with the law firm of Polsinelli Shalton and Welte.
       He stated that Ms. Hays and Larry Winn III, who is handing out diplomas tonight at a
       Shawnee Mission Graduation, will be instrumental in land use and working with the City
       Attorney on the lease and development agreements and any zoning issues that may arise

       MARK SIMPSON stated Brick Owens is the Director of Land Planning for HNTB
       Consulting Engineers. He stated he has planned a number of golf course communities,
       including Staley Farms, Tiffany Greens, Hallbrook, Nottingham by the Green, Lionsgate,
       and Iron Horse golf communities. He stated Mr. Owens has been intricately involved in
       both the layout of the home sites and making the plane where the golf course subdivision
       meets the golf course come together correctly. He stated that he and Jack Nicklaus
       worked very closely together on the Links at Lionsgate and there has been tremendous
       experience over there. He stated there have been very few problems and, again, having
       someone of Mr. Owens’ caliber on the team will be a very important factor.

       MARK SIMPSON stated the residential component of this is 330 acres will generate $3.1
       million in excise tax. He stated he is very sure that over the 10-year term of this
       development, that will be come a $3.5 million number. He stated his company
       anticipates and have handed out, previously, a graphic showing the City will generate
MAY 18, 2004               PUBLIC WORKS AND SAFETY COMMITTEE MINUTES                        PAGE 12



       quite a bit of direct income from these residents. He stated the golf courses his company
       has developed before, Nottingham by the Green and the Links at Lionsgate currently
       generate a little over $1 million per year in ad valorem taxes for the City of Overland
       Park and local sales taxes for the City of Overland Park. He stated the City of Leawood,
       with the Hallbrook and Iron Horse golf courses, generates a little more than $2 million
       per year. He stated they would anticipate that the City of Shawnee, when the Links at
       Mill Creek is completed and all of the homes are occupied at the current rates of ad
       valorem and sales taxes, would generate about $1.1 million per year. He stated his
       company would be contributing approximately $3.5 million in excise tax, assuming
       normal increases over the next 10 years to the City. He stated the golf course itself will
       produce a net operating income of somewhere between $600,000 to $800,000 per year
       and that will be in perpetuity. He stated they will deed restrict the golf land gift so that
       the land is required to be used as a golf course in the future and can not be subdivided up
       by some future Governing Body 50 years from now and break this promise to their
       community and their residents. He stated he would now turn the podium over to Brick
       Owens who will go through the land use issues with the Council.

       BRICK OWENS, Director of Land Planning, HNTB Consulting Engineers, stated it is a
       pleasure to be here this evening. He stated his family moved to Shawnee in 1972 and
       now he is back working in his hometown. He stated it is good to be back to have this
       opportunity. He stated he will now talk about the project location and the attributes that
       will make this special and why it will be a wonderful addition to the City of Shawnee and
       something that will create pride and heritage. He stated he will touch on the residential
       development and then turn it over to his partner, Todd Clark, to talk about the golf course
       part of the project.

       BRICK OWENS stated he would first talk about where it lands in the world. He stated
       the site itself is north of 83rd Street, south of 75th Street, with Monticello on the west and
       Woodland on the east. He stated it is comprised of about 680 acres and 11 different
       parcels and tracts. He stated it includes uplands on the ridges, as well as the valley and
       floodplain and wonderful trees. He presented a PowerPoint presentation with pictures of
       the property. He stated Woodland, north of 83rd Street, will be the front door and they are
       proposing to have Woodland improved to access the housing front door as well as the
       golf course.

       BRICK OWENS stated to the north is 75th Street, that would run through the site east to
       Woodland. He pointed out Lenexa’s line on the aerial view. He stated the majority of the
       golf course and development happens on Shawnee’s property. He stated that current
       existing subdivisions are the Plantation in Lenexa, Little Fall Estates, and Brittney Ridge.
       He stated the site has awesome elevation changes from Monticello down to the floodplain
       and is about 180 feet. He stated from the golf clubhouse to the floodplain valley area is
       around 90 feet straight down. He stated there are natural streams that finger themselves
       through the property. He stated there are existing trees from young to mature forests to
       150-year-old Oaks.
MAY 18, 2004               PUBLIC WORKS AND SAFETY COMMITTEE MINUTES                          PAGE 13


       BRICK OWENS presented views of the surrounding areas to excite the Council. He
       stated the creeks are in the lowlands and rock lined. He stated they will provide a good
       water source to the lakes they are proposing to use to irrigate the golf course. He stated
       there are young forests in the 10 to 25-year-old category, as well as mature forests which
       are 125 to 150-year-old White Oaks and Red Oaks. He stated the next slide shows a view
       to the east. He stated Woodland is just below the ridge. He stated the residential
       development comprises of around two-thirds of the ground. He stated there are about 380
       acres of land. He stated that currently, they are showing an idea behind the land plan that
       will have about 575 single family homes; about 180 townhomes or villas and they are
       proposing a seven acre neighborhood park and a five acre amenity center for the
       subdivision itself.

       BRICK OWENS stated the green areas of the golf course are essentially 250 acres. He
       stated golf course designer, Todd Clark, is salivating to have this much land to work with.
       He stated that as developers, they always try to limit the golf course designers down to
       around 180-190 acres. He stated there are 250 acres here, specifically because of the
       slope change and the trees they are trying to preserve. He stated this makes it special. He
       stated in talking about the competition that cities are in to attract businesses and residents,
       they are looking for the creative clash. He stated they are trying to get civic leaders and
       managers to the city, because these are folks that attract employees. He stated they look
       at three different things in cities when they make these decisions to locate in a place. He
       stated these are city and public services to the health, safety, and welfare to the city itself.
       He stated the quality of life issues, schools, amenities like open space parks and trails,
       recreation; they look for something soft like city pride, heritage, Old Shawnee Town. He
       stated his parents have been involved with Old Shawnee Town since 1973 and it has
       come a long way. He stated these are the kinds of things that make this sort of project
       special; an identity that attracts businesses and retail to a city.

       BRICK OWENS stated the second thing they look for is housing choices; a diversity of
       choices to house their employees from leaders all the way down to the folks that get the
       things done. He stated he will now discuss the kinds of housing types they are looking at
       to locate themselves here at Mill Creek Golf Course. He stated there will be a variety
       including large homes on lakes. There are four lakes in the subdivision and there will be
       houses on the lakes. He stated there will be typical traditional single family homes on the
       interior and also overlooking the golf course. He presented pictures of villas and attached
       townhomes with side entry garages. He stated that significant architecture is important to
       raise the bar and provide a variety of choices of housing in Shawnee.

       BRICK OWENS stated the entry and centerpiece to the development will be on
       Woodland. He stated the entry would be at around 81st Street and would be a median
       boulevard entry up to the top of the ridge and it would culminate in a roundabout and
       when one arrives they can simply look down the valley at Hole #2. He stated that from
       this roundabout, it will spin off into individual housing opportunities and cul-de-sacs,
       primarily because the golf course is the amenity that helps create the patterns for the
       houses. He stated they have to work together to make each valuable and unique. He
MAY 18, 2004              PUBLIC WORKS AND SAFETY COMMITTEE MINUTES                        PAGE 14



       stated that in this case, the roads are running along the ridges and the houses will drape
       down above the golf course, providing great separation to create that fantastic play and
       feel when on the golf course.

       BRICK OWENS stated the amenity center, which is the centerpiece that would be
       available to all residents who live in the development, would be comprised of a clubhouse
       with meeting rooms for the homeowner association meetings, as well as a sales center to
       sell the homes, recreation equipment, exercise rooms; those kinds of things. He stated it
       would also include walking trails, a basketball court, and a tot lot. He stated this program
       would be the same as Lionsgate in Overland Park. He stated they have found Lionsgate
       to be very successful and very attractive and amenities add to the quality of life and helps
       make decisions for people to live at Lionsgate. He stated there would also be a sand
       volleyball court and tennis courts. He stated the icon of Lionsgate is the waterslide into a
       junior Olympic swimming pool, that is home for the Lionsgate Swim Team. He stated
       that Lionsgate has a community director that runs events to keep the community involved
       and active and that is what they are proposing for Mill Creek as well. He stated he will
       now turn the podium over to Todd Clark to share the golf course specifics with the
       Council.

       TODD CLARK stated he is thrilled to be present this evening and to be the golf course
       architect on this project. He stated he thinks Mr. Simpson is correct; this golf course is
       going to be fantastic. He stated in their first meeting, when they talked about acreages,
       Mr. Ellis and Mr. Simpson asked how many acres is the golf course. He stated when he
       said they are looking at about 250 acres, he thinks they were about ready to throw him out
       of the room; as if it was too much ground and they would need to cut it back. He stated
       as they went through the plan and started looking closer at the property, it was dictated by
       the site and a lot of the different features on the site. He stated, as was mentioned before,
       it is the terrain, the vegetation, the stream system and now they are working together with
       the development team to come up with the golf course routing plan. He stated he has the
       fun part this evening; to talk about the golf course which is the exciting part of the
       project.

       TODD CLARK stated the course is on 250 acres and is 18 holes. He stated the distance
       will range from 5,100 yards to 7,100 yards, to accommodate all types of golfers in the
       City; anywhere from the seniors, to the youth, to the very good golfers. He stated with
       the multiple tee system they can accommodate that. He stated the course will be a Par 72.
       He stated it will be a very playable golf course. He stated when he gets into the design
       and the philosophy of a golf course, there are some major principles they will look at. He
       stated they look at the playability and that is kind of the balance of the length and the
       difficulty; how many hazards do they have; do they have too many bunkers, do they have
       too many force carries, things like that. He stated with this project, there is a nice blend
       and variety. He stated it kind of takes on a little traditional look when they get up in the
       highlands where the golf course flows into the residential homes. He stated down in the
       valley, there is more of a rugged, natural look with preservation of a lot of the trees.
MAY 18, 2004               PUBLIC WORKS AND SAFETY COMMITTEE MINUTES                         PAGE 15


       TODD CLARK stated another item they look at is safety; what makes a golf course safe.
       He stated as they build a course with a residential development, the first thing they try to
       do is create golf corridors that are wide enough to accommodate all of the different shots
       that are played on a golf course. He stated there are golf corridors ranging from between
       375 and 450 feet. He stated those are very wide corridors and that is how they came up
       with the 250 acres. He stated with the elevation changes and things like that, they have
       laid this out to be a very safe golf course.

       TODD CLARK stated they always want to have aesthetics. He stated this is a
       combination and blend of grasses and the different cuts of the greens, tees, fairways, sand
       bunkers, and lakes. He stated all of those elements together are what make up the
       aesthetics. He stated when a person looks at the golf course, they will think it is a pretty
       picture.

       TODD CLARK stated maintainability is very important to the City of Shawnee. He
       stated Shawnee is going to have the long term maintenance of this golf course and it is
       critical that a design be developed that is easy to maintain and does not cause problems
       down the road by keeping the sand down lower or by having multiple tees to spread out
       the golfers and not wearing out the tee surfaces. He stated it is by having greens large
       enough that there are a lot of different pin placements and not so severe that there is a lot
       of contrast to make it difficult for the average golfer to play. He stated these are all of the
       elements the developer looks at and what they get into with the design.

       TODD CLARK stated the other major concern is environmental considerations; how do
       they work around and preserve trees and the stream system and how do they incorporate
       native and wildlife areas. He stated with this plan, they will be preserving almost half of
       the site in some type of natural form, either in the lakes or streams, or the wooded areas,
       or native areas like wild grasses and things of that nature. He stated that that comprises
       almost half of the 250 acres. He stated those are the items they look at when they look at
       the design and all the things that will end up making a great golf course that people want
       to come back to and constantly play and continue to be challenging to them, so they do
       not get tired of the same golf course over and over.

       TODD CLARK stated he would now go through the routing plan and how they came up
       with the layout. He stated one of the major goals is that they want to be able to have a
       separate entrance into the golf course; not through the community. He stated they do not
       want to have the golfers driving down through the community. He referred back to the
       site plan and pointed out that they would be coming down Woodland to the north and the
       golf course will have its own separate entrance right off, on or about, 81st Street. He
       stated the separate entrance sits up on a nice high point which is a good location, because
       as the finishing holes come in, the sun will be behind them. He stated the golfers will not
       be looking into the sunset. He pointed out the practice facility that runs straight to the
       south, adjacent to the clubhouse and parking area. He stated the way the golf course was
       routed is that they tried to fit it in with the terrain and development. He stated when
       talking about the front 9, which consists from about the lower half of the site down, it
MAY 18, 2004               PUBLIC WORKS AND SAFETY COMMITTEE MINUTES                        PAGE 16



       starts out in the valley and works its way from the clubhouse and up more into the
       highlands and upper areas.

       TODD CLARK continued with the roundabout area and stated this is kind of a major
       signature area because of the great views. He stated that after the second hole is played
       and someone is standing on the second green, they will be able to look back over to
       beautiful sceneries. He stated moving down and around is the third hole that plays down
       and they will create the lake system. He stated there will be a large 8-acre lake to capture
       the water for the irrigation system and stormwater management. He stated the fourth and
       fifth holes play back up a draw, with the development sitting up high, creating a lot of
       walkout lots. He stated the homes would be sitting higher than the golf course. He stated
       moving back down to the sixth hole comes back by two more lakes, which are up on the
       high end as far as the water shed and drainage patterns. He continued back around the
       little Par 3 seventh hole and the eighth hole that kind of plays up through the
       development. He stated the ninth hole comes back down through the valley, which sits
       right below the clubhouse. He stated that is the layout of the front nine.

       TODD CLARK moved on to the back nine, which he calls the meadow or valley. He
       stated the elevation changes, as Mr. Owens talked about, are somewhere in the
       neighborhood of 70 to 80 feet, where people will tee off and hit down into the valley to
       the tenth hole. He stated it then works its way up to the eleventh and twelfth holes and
       then plays back down from the high point on the thirteenth hole back into the valley. He
       stated this is where a lot of the pristine, wooded areas are that they will try to save. He
       stated it moves on to the fourteenth hole, Par 4 and then the fifteenth hole. He stated that
       probably one of the strongest finishing holes in the Kansas City area is the sixteenth hole,
       which plays down along the major stream of the project. He stated some of the pictures
       presented earlier show that major stream. He stated the course continues with the
       seventeenth hole, Par 3 and then finishes strong with the eighteenth hole, back towards
       the clubhouse. He stated that is the routing plan. He pointed out the four lakes on the
       slide and the location of the main irrigation lake and the maintenance facility located
       down next to the irrigation lake to monitor the pump station. He stated there is three
       phase power in there, so the superintendent can always keep an eye on the pump, which is
       the bloodline for the golf course; making sure that irrigation system is working.

       TODD CLARK stated, that in talking from an environmental standpoint, they get into the
       wooded areas. He pointed out 30 acres of wooded area and rocky slopes and things of
       that nature that they will be preserving that creates a great buffer between the homes and
       the golf course. He stated they can open up some views and still get views of the golf
       course, but it really separates the golf course and the home sites. He stated that is the lake
       system layout and it is critical. He stated the reason they came up with the four lakes, as
       opposed to just one, is that it is better to have a series of lakes for stormwater
       management. He stated the upper three lakes can gravity flow down into the main lake.
       He stated there is 60 million gallons of water to be stored in these lakes and they will
       never have to worry about purchasing water, which is critical in the Kansas City area.
MAY 18, 2004               PUBLIC WORKS AND SAFETY COMMITTEE MINUTES                        PAGE 17


       TODD CLARK moved on to the site plan and stated he would talk a little about the
       clubhouse and that area and how they are going to operate the facility and then talk about
       some of the finishing holes. He stated, as mentioned earlier, they are going to be coming
       off Woodland. He stated the Shawnee Youth Golf Foundation was talked about earlier
       and what they need to teach the kids and the golfers for tomorrow. He stated there is a
       little chipping green adjacent to the clubhouse. He stated coming in, one will be able to
       see the views of the ninth green. He stated they can look down onto the eighteenth green
       and there is a staging area and drop off area right in this general location right next to the
       practice green and the practice facility. He stated all of these elements come together and
       are important from an operations standpoint to make sure the golfers can be monitored.
       He stated when the pros and staff are in there, they want to know who is pulling up and
       who is being dropped off and coming to play golf. He stated a person can move through
       a sequence of a warm-ups, going over to the practice facility and practice green and then
       teeing off on the first hole. He stated there are returning nines that come back to the
       clubhouse so the golfers can come in and purchase something at the turn. He stated the
       tenth hole moves out down the bluff, back down into the valley. He stated this is very
       important, from an operations standpoint, plus the maintenance facility is very close as
       well.

       TODD CLARK presented a photo of what the site looks like down in the meadow. He
       stated the clubhouse will sit at the top of the trees on the high ground. He stated that is
       approximately in the location of the eighteenth tee box. He stated the natural creek will
       run down the right side and that is the finishing hole. He stated some trees would be
       selectively thinned out, creating a green setting up by the clubhouse and it could become
       one of the strongest finishing holes in the Kansas City area just because of the property,
       the elevation changes, and all of the natural features in this area. He stated from these
       photos it is easy to see how beautiful this site is and from a designer’s standpoint it is
       easy to see why they get so excited about what they are able to work with here. He stated
       when down in the valley, a person would really get a separation and feel that they are
       isolated and this golf course is beautiful, like they are in a different place, which are the
       characteristics of Shawnee with some of the terrain out here.

       TODD CLARK presented examples of other golf courses he has been involved with. He
       showed examples of elevation changes, greens, fairways, and creek systems. He stated
       with lakes they try to separate two golf holes and play around the lake to create a large
       green corridor, so instead of playing a lot of holes, they are playing through homes with
       two holes together and a lake and a large open space is created. He stated bunkers define
       how to play golf and how to go through the strategy. He stated all of these elements are
       incorporated to play with the golfer’s mind with perception and different elements like
       that.

       TODD CLARK presented a picture of Hallbrook Country Club. He stated this picture
       would give the Council a vision of the clubhouse and how the clubhouse is set up on a
       ridge. There is the main level, and then the cart storage down below. He stated that
       down below is the eighteenth green and when people are finished they can stick around
MAY 18, 2004               PUBLIC WORKS AND SAFETY COMMITTEE MINUTES                        PAGE 18



       after a round of golf and have dinner and watch the other golfers finish up as the sun sets
       in the west. He stated this shows the relationship of some of the elevation changes and
       some of the different features that would be going on below the eighteenth hole in the
       clubhouse. He stated there will be a couple restroom facilities; one on the front nine and
       one on the back nine. He stated the restrooms would act both as a restroom and as a
       shelter, because storms come up like in Kansas, to make sure the golfers have a place to
       go to into a safe location. He stated these are a lot of different elements going into the
       golf course. He stated their goal is to make the golf course very playable and fun so the
       citizens of Shawnee want to come back and continue to play at Mill Creek Golf Course.

       TODD CLARK presented examples of other projects that Mr. Ellis and Mr. Simpson
       have been involved in. He stated these photos will give a little better picture of the
       relationship of the golf course and the development. He thanked the Council for their
       consideration.

       SAUL ELLIS, Mill Creek Land Co., LLC, stated he is one of the developers of this
       project. He stated this is going on close to his 45th year and Councilmember Goode
       knows they have had their ups and downs over the years, through all kinds of
       development. He stated he has done single family and multi family houses, high rise, low
       rise office buildings; the whole gamut. He stated he has been in many places throughout
       the Kansas City area. He stated this is one of the most beautiful pieces of land he has
       ever seen and has had the opportunity to take a look at and work on. He stated that his
       job is to basically handle the architecture and see how it will fit the clubhouses and all of
       the facilities and the houses that will go up to make it beautiful and a wonderful place to
       live. He stated it will be a wonderful experience to have the private and public sector
       working together. He stated it really could be a wonderful win win project for everyone,
       and really a tremendous asset to the City of Shawnee.

       MARK SIMPSON stated a critical issue for the Governing Body is to ask themselves
       why public golf. He stated public golf really offers a huge quality of life issue to the City.
       He stated it adds stature to the City and provides recreational opportunity for kids from
       the Tiger Woods of the World at age 3 up to age 103. He stated it will provide permanent
       open public green space that will pay for itself. He stated there are a lot of parks around
       where the annual return on the park is 1/10th of 1% of the investment. He stated this golf
       course will generate, again, several million dollars and gross several hundred thousand
       dollars in net income every year. He stated if this project does not go forward, the land
       will be developed and it will not take 10 years, it will take 25 years, likely, and will be 8,
       10, 12, 30, 40 acre communities; fairly standard subdivisions. He stated it will probably
       be lower end housing and it is very unlikely that any of the trees would be retained in that
       type of development.

       MARK SIMPSON stated his company is very proud of the land and invited the Council,
       department heads, and the new mayor to join them for a tour of the site. He stated there is
       a trolley rented that will pick up everybody that wants to come, including the media, at
       4:00 p.m., Thursday, May 20, 2004 at Shawnee City Hall. He stated soft drinks will be
MAY 18, 2004              PUBLIC WORKS AND SAFETY COMMITTEE MINUTES                       PAGE 19


       provided and they will take everyone out to the site. He stated there is a hay wagon that
       will actually take everyone down into the site, they will be back to Shawnee City Hall at
       around 6:00 p.m. He invited each and everyone to come out and see for themselves this
       tremendous opportunity for the City of Shawnee.

       Councilmember Kuhn stated it was stated earlier that it will be in the agreement to
       maintain this facility as a golf course forever, so a future Governing Body can not come
       back and break it down. She asked, what if the golf course fails and golf is no longer
       popular; is the City of Shawnee stuck with a golf course.

       MARK SIMPSON stated if golf becomes unpopular, that is a good question. He stated
       he would have to go ask the 60 million golfers about it. He stated they had that deed
       restriction in Overland Park and it was never an issue. He stated they always felt that
       they would maintain it and if not, they would sell it to another golf entity.

       Councilmember Kuhn asked what if everyone is the world is playing golf, but they are
       playing somewhere else.

       MARK SIMPSON stated he is sure they could make some provisions where it could
       become a park. He stated what they would not want is for it to become subdivided into
       small houses. He stated they would not want the trees taken down and is sure they could
       make some other public use alternatives available to the Governing Body.

       Councilmember Sandifer asked if this project would go forward if the City did not
       condemn that property.

       MARK SIMPSON stated that right now there is no condemnation on the table. He stated
       they have the majority of the land under contract. He stated Tract #9 is owned by an out
       of state landowner that they are struggling to come to terms with. They have had it under
       contract before when the gas wells became a problem and they are hopeful that they will
       be able to do it again. He stated if they are unable to, they would be approaching the
       Governing Body in regards to a possible evaluation of a condemnation of only the public
       use land underneath the golf course; no private use land whatsoever. He stated they do
       not anticipate that will be necessary, but it is not out of the realm of possibility that it
       could be.

       Councilmember Kuhn asked when looking at the development and along 83rd Street, the
       portion that goes into Lenexa, if she understood it correctly, that is the portion that is
       going to be developed first. She asked if the Governing Body thinks this is a great plan
       and goes ahead with it, will Lenexa will be the portion being built on first.

       MARK SIMPSON stated it is around half and half. He pointed out on the development
       slide the first phase and the portions in Shawnee and Lenexa. He stated there will be a
       big sign across the corner on the Lenexa side that will be heavily advertised that it is a
       Shawnee community, 3 ½ miles west of the intersection at 87th Street and I-435. He
MAY 18, 2004              PUBLIC WORKS AND SAFETY COMMITTEE MINUTES                        PAGE 20



       stated they will spend several hundred thousand dollars the first year advertising a luxury
       Shawnee upscale community. He stated people will want to come up Woodland to see
       the golf course and clubhouse and hopefully, see the homes. He stated all of the high
       value part of the community is up towards the golf course. He stated there are not very
       many golf course lots in the first phase, only around 14 or 15 out of 75. He stated it is
       just how it worked out, but all of those will be in the City of Shawnee. He stated that is
       the end of this and the City of Lenexa, as far as they are concerned, have around 25 sites
       out of the 75 sites, so that is the general relationship.

       Councilmember Goode asked Mr. Simpson how long he thinks it will take the City of
       Shawnee to be self sufficient on this operation. He stated he knows they are all experts
       and Saul said he knew him and he knows Saul and Mark. He stated he knows they are all
       capable of putting this together. He stated he wants to know, on their own terms, how
       long will it take the City of Shawnee to be self sufficient on the operation of this golf
       course. He asked how long the City will go without making any money on this thing. He
       stated he represents a lot of people that need care and this needs looking at. He stated this
       will definitely be a factor in his decision.

       MARK SIMPSON stated that is an excellent question. He stated they have retained the
       largest golf property feasibility company in the country, with 50 years of experience who
       have done several hundred courses to do a feasibility study. He stated they have also
       talked with Kent Crippen, who is a former city official and owns a golf course here in
       town and has a lot of local knowledge. He stated it is their expectation that the first year
       the golf course is open in 2006, they will use reserve funds left over in the budget set up
       for construction to feed the operation of the golf course, because it will not open in the
       heat of the play season, but will open in the Fall of 2006 and there will be a soft opening
       at that time. He stated funding will be available in cash left over from the $11 million
       construction budget to operate it. He stated they would expect in the first full year of
       operation in 2007, that the golf course would fund approximately $400,000 to $500,000
       net cash to the City. He stated if the City were to borrow the entire $11 million, the cost
       would be $770,000 per year and will be short approximately $250,000 that first year.

       MARK SIMPSON continued by stating that again, they have in their construction budget,
       a $350,000 bond reserve fund that would be utilized for that payment. He stated in Year
       2007, the golf course should generate some place near $650,000 in cash and in Year
       2008, which will be its third year, it should generate approximately $750,000 per year,
       which is approximately the cost of retiring the general obligation bonds that will pay for
       the course. He stated there will be enough funding to cover the first year and a half. He
       stated that last year there may be a $50,000 to $100,000 shortfall. He stated there is a
       contingency budget of 5%, $550,000 in cash that is in their $11 million budget, and they
       are very hopeful that they will not have to use it. He stated if they do not have to use it,
       they will be rewarded with that $550,000 for their efforts. He stated the City will retain
       $400,000 in cash which will again be a reserve fund towards the operation of the course.
       He stated if construction goes well, the City will start the course up with $800,000 cash in
       the bank to cover shortfalls in the early opening years. He stated that long after these
MAY 18, 2004               PUBLIC WORKS AND SAFETY COMMITTEE MINUTES                        PAGE 21


       bonds are paid off and long after all of them are dead and gone, this golf course will still
       be here and there will still be a public open green space offering recreational
       opportunities to everybody in Shawnee and creating income for the City.

       Chairperson Newby asked the cost of the green fees.

       MARK SIMPSON stated the green fees will be in the mid-average range, week in and
       week out, in the mid-$30’s, plus a cart. He stated that will be 25-35% less than the
       Falcon Ridge Golf Course. He stated that will be about half of what Iron Horse charges.
       He stated Mill Creek would be in the lower 25% of charges in the City and inundated by
       people wanting to play at this course. He stated it will be a dramatic, great course. He
       stated it will be in the low $40’s on weekends and in the mid to low $30’s on weekdays,
       averaging $35 to $37 per round and that will create 35,000 easy rounds of golf and a
       gross income of about $2 million and that income of approximately three-quarters of a
       million dollars.

       Chairperson Newby stated when Mr. Simpson was referencing the $750,000, he thought
       he saw something that showed a gap in terms of money the City would receive, versus
       expenses. He asked if that is just a Year 1 gap.

       MARK SIMPSON answered that the feasibility study, which again he believes needs to
       have a little more of a local knowledge that Ken Crippen could provide to it, projects a
       $32.50 average round. He stated at a $32.50 average round, the golf course creates
       $550,000 to $575,000 in net cash to the City every year. He stated at $32.50 a round, it
       would be the second cheapest golf course in the metropolitan Kansas City area out of
       about 60 courses. He stated the only golf cheaper would be the 35-year-old Overland
       Park course that does around 75,000 rounds of golf per year. He stated they have never
       projected 75,000 rounds and could probably lower the price to get many more rounds, but
       they think with the quality of golf, they can add $5 to $6 per round and get the cash flow
       up to $750,000 per year and still provide a good economic position for the City. He
       stated they would look to Mr. Crippen to give local input about that.

       Chairperson Newby stated he believes that this brings a lot of good things to the City. He
       stated he thinks this is probably the biggest thing, from a size standpoint, to come about
       since he has been on the Council. He stated he has one big concern. He stated he thinks
       an $11 million, or an $18 million project if you add in the land, has the potential to have
       things that the City can not foresee at this time and will cause the City to have more
       financial hardship. He stated he does not think he could, personally, support anything out
       of the gates that shows a shortfall. He stated there is going to be unexpected
       opportunities for that kind of thing later. He stated he thinks that is kind of a litmus test
       that still needs to happen on those green fees to make sure that $38.00 will fly, if you will.
       He stated if it would not, then that shortfall is something that he could not personally
       approve in good conscience.
MAY 18, 2004              PUBLIC WORKS AND SAFETY COMMITTEE MINUTES                        PAGE 22



       MARK SIMPSON stated for each dollar per round added to the cost of the rounds and,
       again, they are not even talking about being in the average costs in the City, but in the
       bottom third. He stated that each dollar would add $35,000 to the bottom line, because
       there are no incremental costs added to that. He stated when the golfer comes in and it is
       $36.00, the City just picks up an extra dollar. He stated they do, and have been very
       cognizant, of the need for this to be self-supporting and have purposely driven their
       budget to the $11 million to provide that liquidity of someplace between $400,000 and
       $800,000 cash left over in reserves to take care of those early years so that it will feed
       itself, basically off of its own reserves and then feed itself off of its own cash. He stated
       they will need to work with Mr. Crippen and other local golf experts to confirm that the
       course can be done. He stated that the flip side of this is that it can be bonded and it can
       be delivered for $11 million first class; 100% to the City’s satisfaction with everything
       included, such as gas in the mowers and the ceremonial ball for the new Mayor to hit on
       the first day. He stated that will be done and they have done it four times and are excited
       to do it a fifth time here in Shawnee.

       Chairperson Newby stated that is great. He stated his position would be to look to the
       City staff because they are going to have to be the ones comfortable with the green fee
       outlook. He stated that is where he would look for that answer. He asked the public
       members of the audience to try to keep their comments to around 3 minutes since there
       are quite a few people present this evening.

       ALMEDA HODGES, 7832 Woodland Drive, stated the developers have been trying to
       buy her and her husband’s property. She stated her husband, Lewis, is present this
       evening as well. She stated the developer is going to put in all of these new houses and
       the schools are overcrowded as it is now. She asked what the developers are going to do
       about schools, because they have talked about all this stuff they are going to do for kids.
       She stated she has been in her house for 31 years and have 2 ½ acres that the developer is
       trying to get. She stated the developer told them the City can condemn their property and
       make them move. She stated she has hired a lawyer that has not done much good. She
       stated as the developer talks about all the beautiful trees, a real estate man came to her
       home and she told him she has all these trees that her children have bought her. She
       stated the real estate man told her they would bulldoze all of those trees down in one day.
       She stated who cares about a golf course, because a lot of people do not even play golf.
       She stated there deer and turkey out there. She asked what the developers are going to do
       about the animals. She stated the traffic is already bad out there.

       Chairperson Newby stated he believes those are all good concerns. He stated he can not
       speak for the DeSoto School District, because they are not present. He stated he believes
       the DeSoto School District would have envisioned homes being in that area all along. He
       stated he thinks this will fit into the school’s plans, but he is not sure.

       Councilmember Kuhn asked Mrs. Hodges if this development does not take place, as it is
       pretty obvious that the development in Shawnee is really headed in that direction, is she
MAY 18, 2004              PUBLIC WORKS AND SAFETY COMMITTEE MINUTES                        PAGE 23


       interested at all in selling her land. She asked Mrs. Hodges if she would stay on that land
       forever.

       ALMEDA HODGES stated she flat told the developer no. She stated what the developer
       is offering her for her home would not even buy a home that they are going to build there.
       She stated her and her husband have been there 31 years and other people have too. She
       stated she thinks it is beautiful, anyone can tell that by the pictures presented, but the
       developers did not show any of the homes that are around there that they are trying to take
       from the people. She stated she and her husband are getting up in age and thought they
       were set and now the developers are telling them they are going to build a golf course
       here and her place is going to be the entrance. She stated the developers had a survey
       crew come out and put survey stakes across her front yard one Saturday morning. She
       stated her lawyer called the developers and they told her lawyer that she and her husband
       gave them permission to put up the stakes. She stated she did not give anyone
       permission. She stated the surveyor showed them that is where the road is going to come
       in and how much of their front yard is going to be taken from them. She stated it is very
       upsetting.

       Councilmember Goode asked the size of Mrs. Hodges’ property.

       ALMEDA HODGES stated they have 2 ½ acres. She stated they have buildings on their
       property and she and her husband are retired. She stated they thought that is where they
       were going to be forever, but she guesses they are not going to be after all. She asked if
       the developers understand how she feels.

       Councilmember Kuhn stated she just wants to understand Mrs. Hodges clearly. She
       asked Mrs. Hodges if all was said and done and she had her way, would she stay in her
       house until the day came where she had to be taken from it.

       ALMEDA HODGES answered, yes, she would stay in her house.

       DICK CLANCY, 4730 Black Swan Drive, stated he would like to address Chairperson
       Newby’s concern about the golf course. He stated he thinks the idea here is very nice, but
       believes the developers are being very optimistic about the golf course. He stated it is his
       understanding that the Shawnee Golf Course out on K-10 is in trouble. He stated
       Tomahawk Golf Course, which is much older at almost 100 years old, is just making it.
       He stated he thinks the projections, in terms of the income from the golf, is overly
       optimistic and it is not just exclusive to this end of town, but all over the City. He stated
       the City is getting too many golf courses for just so many players. He stated he thinks the
       Council needs to look at these numbers really hard. He stated he would like the see the
       golf course happen, as he is a golfer.

       JOHN SEGALE, 11425 W. 50th Terrace, stated he thinks this is a good project, from
       what Mr. Simpson briefed him on when he was on the Council. He stated he thinks it is
       something that will be a real asset to the City. He stated looking at it in terms of this
MAY 18, 2004              PUBLIC WORKS AND SAFETY COMMITTEE MINUTES                        PAGE 24



       property just being open space and park ground, that much land, as Mr. Simpson pointed
       out earlier, there would be mowing costs and everything else associated with it. He stated
       in looking at that, in terms of financially, and looking at it in terms of a golf course, he
       believes it will give the City a better return than the open space. He stated that at the
       same time, it would give the City an upscale housing opportunity that does not currently
       exist in Shawnee and there would be lots of positive spin-offs that would occur as a result
       of that, in terms of the overall image of the community and the overall value of the
       community. He stated he would urge the Council to go forward and support this. He
       stated he knows there is going to be some infrastructure costs. He stated he thinks those
       are things the City is capable of swallowing along with supporting their acquisition of the
       ground to make this happen. He stated he thinks the Council needs to look at the
       numbers carefully, but in his cursory view of what he has received previously, he believes
       this is something that will work for the City and thinks it is something that will stand as a
       anchor and a landmark in the community.

       Chairperson Newby stated when Mr. Segale was on the Council, parks were his thing. He
       asked Mr. Segale if he would support this project if he knew from the very beginning that
       the City was going to lose $200,000 a year.

       JOHN SEGALE stated if the City looks at acquiring 150 acres of park ground at $20,000
       or $30,000 an acre that will just give open space, the City is going to lose money, but he
       does not consider that losing money, but it is going to have a cost. He stated it is going to
       have a benefit too. He stated in looking at this, in terms of what a golf course will bring,
       it will bring some revenue and also bring something unique or semi-unique in Shawnee
       because there is not a municipally operated golf course at this time. He stated there is
       Tomahawk and the Greens at Shawnee west of K-7. He stated looking at this project, all
       things considered, he believes it will be a positive thing for the community. He stated
       looking at this in terms of just raw parkland, there is a cost to that as well. He stated the
       Council needs to look at this project differently, in a way that they have probably never
       looked at parkland or open space in the City.

       Councilmember Sawyer stated he thought he understood Mr. Simpson to say that there
       would be a shortfall the first year and the second year, but the projections for the third
       year are more. He stated Chairperson Newby said $250,000 per year.

       Chairperson Newby answered that is correct, so that is why he asked Mr. Simpson earlier.
       He stated the issue is if the green fees are $38.00 there is no shortfall, but if they are
       $32.50 then there is that shortfall. He stated the question is establishing the proper green
       fees.

       Councilmember Sawyer stated if a person goes out and wants to play a round of golf on a
       great golf course, he struggles for anyone to try to find one for $38.00.

       Chairperson Newby stated he is only saying that the model was built at $32.50.
MAY 18, 2004              PUBLIC WORKS AND SAFETY COMMITTEE MINUTES                       PAGE 25


       Councilmember Sawyer stated he knows one gentleman came up and said that golf has
       declined and that may be, but it is difficult to still get a tee time at some of the golf
       courses. He stated Tomahawk may be another issue because Johnson County has never
       spent any money on that course. He stated not too many people have a great deal of
       concern in playing Tomahawk. He stated he is not a big advocate of golf, but he used to
       play. He stated that he, like Mr. Segale, believes the Council has to look at this long and
       hard and is not willing to jump on this tonight. He stated he does have a vote tonight, but
       believes the Council has to be fair and lay all of the issues out there on the projections.
       He stated he would like to see the projections studied more and see what Mr.Crippen’s
       figures come out to.

       JACK DEYOE, Director of Operations, U.S. D232 DeSoto Schools, stated the schools, as
       a norm, usually stay neutral on promoting or being behind or against any kind of
       development. He stated he did want to note that Mr. Ellis and Mr. Simpson, Mr. Ellis in
       particular, has been in communication with the school districts for nearly two years as he
       started this project. He stated that Mr. Ellis and Mr. Simpson have also been in contact
       with the school district and they have all discussed what the school district would do. He
       stated they have had more communication than a good number of developers within the
       City of Shawnee. He stated the numbers, whether it is this development or other
       developments on either side of K-7, are going to be there. He stated the school district
       will have to make plans. He stated that fortunately DeSoto’s voters and patrons did
       support a bond issue in 2002 that helps in the short term. He stated there are
       contingencies and plans for development on both sides of K-7 at this particular time. He
       stated of the developers that the school district have worked with within the last three or
       four years, Mr. Ellis and Mr. Simpson have had the foresight to come to the school
       district well before they actually decided to buy the land and started communications with
       them. He stated that was greatly appreciated.

       ROBERT HODGDON, 21405 W. 73rd Terrace, stated his property is in the middle of this
       development. He stated he is sure that Mr. Simpson would not like for him to say this,
       but his first choice is for no development at all. He stated he is a realist and understands
       that this ground is all going to be developed sometime in the next few years and the City
       has their choice of something that is well planned and leaves a little bit of nature. He
       stated maybe some of those wild animals, the deer, turkey, and coyotes can be preserved.
       He stated he has lived there for 12 years. He stated his family has owned property in
       Shawnee since 1953. He stated he thinks this is probably a once in a lifetime opportunity.
       He stated he can not speak for the economics of the golf situation, but as a resident he
       intends to stay in his home and would much rather look down green #13 to the woods and
       the lake, than he would to see nothing but backyards. He stated he knows that is going to
       happen sooner or later. He stated something of this comprehensive size is a marvelous
       opportunity and he supports it if it can be shown economically feasible. He stated he is a
       taxpayer too. He stated he would definitely like to see the development go forward.

       JACK WATERS, 6333 Long, stated he is here tonight representing Parkway Real Estate.
       He stated the Parkway and his company have worked on this project, whether at this site
MAY 18, 2004              PUBLIC WORKS AND SAFETY COMMITTEE MINUTES                       PAGE 26



       or another site for over 3 ½ years on behalf of Mr. Simpson and Mr. Ellis. He stated the
       reason he is at the podium this evening is because 3 ½ years have been spent trying to
       find a site large enough to accommodate this quality of development in Shawnee. He
       stated piece after piece has gone to small 30, 40, 50, 60 acre developments. He stated
       something that has not really been talked about tonight, other then the gas well issue, is
       when looking at those fairways they are dealing with a number of gas mains. He stated
       that had this not been negotiated, the abandonment of those wells, this ground would have
       been a total hodgepodge of development over the next 20 or 30 years. He asked Mr.
       Simpson how many well heads were on that property when they started.

       MARK SIMPSON answered 26 well heads.

       JACK WATERS stated there were 26 well heads with a large area around them that could
       not be touched or developed. He stated this golf course plan takes into account all of the
       existing and continuing – they are going to keep those gas mains throughout the site. He
       stated it is a very difficult piece of ground to develop because of the different changes,
       but it is not a bean field like some of the developments they see these days. He stated this
       can be the highlight development for the entire City of Shawnee. He stated he has lived
       in Shawnee for 40 years. He stated he has worked in Shawnee for almost 40 years and he
       has a great deal of personal pride in the community and would love to see something like
       this project work.

       JACK WATERS stated he is a little embarrassed that Shawnee is in the bottom 25% of
       green fees. He stated he agrees with Councilmember Sawyer, and thinks Mill Creek can
       charge more than that, but believes the developers approached this from the standpoint of
       trying to be conservative in their estimates. He stated there will be cheaper fees on the
       weekdays and more expensive fees on the weekends, but it all averages out. He stated he
       would like to believe that this would be a quality project that golfers from throughout the
       metropolitan area would want to play. He stated he feels this kind of course would be
       competitive to any other course in Kansas City. He stated that obviously, they have all
       worked a lot of hours to try to make this thing happen and have a great sense of pride in
       their community. He stated that is part of what is the motivation; to bring this quality of
       life to Shawnee.

       RONALD RINER, 5243 Bond, stated he knows Councilmember Goode quite well and
       insofar as information, Ken Crippen will offer a vast amount of information; beneficial
       information. He stated that at one time, when the City was considering buying Ken
       Smith’s golf course a few years back, he went to Jim Cox, Parks and Recreation of
       Overland Park, and Mr. Cox provided him with a great deal of information that he passed
       on to Charlotte Hargis who, at the time, was on the City Council. He stated Ms. Hargis
       regretfully threw it out because she did not think golf courses would make money. He
       stated that according to Mr. Cox’s statistics, golf courses will make money. He stated he
       is certain if the Council approaches Sandy Queen or Jim Cox, they will give the Council
       that information. He stated that as far as the condemnation of property, all anyone has to
MAY 18, 2004              PUBLIC WORKS AND SAFETY COMMITTEE MINUTES                       PAGE 27


       look at is the Kansas Raceway to see what condemnation has done for western Wyandotte
       County.

       BRENDA DAMEL, 5843 Meadow Sweet Lane, stated she is basically present this
       evening to say that she believes the golf course in a good idea. She stated she thinks it
       looks like a quality golf course at affordable prices. She stated she knows the Council
       may be concerned about the prices, but if the prices go too high it will discourage the
       public from playing there. She stated the under $40 range is a great range to play for this
       quality of a golf course. She stated she has played several golf courses and is in a
       women’s league and she has talked to several of the women on her league and they think
       it is a great idea as well.

       Chairperson Newby stated that he was not personally concerned about the green fees. He
       stated he thinks it would be great if they charged $100.00. He stated he just wants to
       make sure the model is built with something that is realistic.

       DON LANE, 7725 Woodland, stated he likes to golf and thinks this project looks good.
       He asked who wouldn’t want a golf course right across the street from them. He stated
       the City has to think of long term. He asked if this golf course is going to be able to pay
       for itself and everything up and coming and all the unpredicted things that are possibly
       going to happen as they go through this project. He asked who is going to pay for the
       widening of Woodland and is the road going to be raised or lowered. He asked who is
       going to pay for the extra rock. He stated the developers talk about these gas wells and
       all the 26 heads on the property and stated why gas was even stored on that property in
       the first place. He stated gas was stored on that property because it is very rocky ground
       and gas was pumped into the rock and the limestone and the rock absorbed it and held it
       until they sucked it back out.

       DON LANE stated the developers talk about riding around out there and how beautiful it
       is, but they need to take a shovel and try to dig; it is nothing but rock. He stated he and
       some of his neighbors do not even have basements under their homes because of the rock.
       He stated the developers need to go look at the Plantation because they got into trouble
       because all of the extra money they had to spend in digging out the foundations and the
       costs got so expensive, people could not afford it. He stated people bought lots and then
       they could not afford to excavate or build on them. He stated those people were then
       trying to resell their lots. He stated when the developers get this beautiful golf course in
       that the City is supposed to make so much money on and the housing that they start
       building, that the developers are supposedly going to make so much money on, who is
       going to pay for all the added costs to cut the new road and fixing the road; bringing 75th
       Street across like they are showing on their map. He asked if the City is going to pick up
       that expense.

       DON LANE stated he would like to know how much the City spent over on Johnson
       Drive and Mauer at that intersection when they bought out that corner house. He stated
       there are some large numbers from buying one piece of property that the City had to
MAY 18, 2004              PUBLIC WORKS AND SAFETY COMMITTEE MINUTES                        PAGE 28



       condemn to make that fairway through there to absorb all the traffic created by WalMart
       and Target. He asked who got rich there. He answered WalMart and Target got rich. He
       stated all of these retailers that come in and brought jobs and money in, well the people
       who got rich are the ones who brought it in and the taxpayers suffered.

       DON LANE stated the Council needs to look at what the tax plan is going to be 10 years
       from now. He stated if the City can not absorb all of the road costs and stoplights – there
       was just a woman killed a week ago at Shawnee Mission Parkway and Park because there
       is not a stoplight. He stated now the people have to wait a year for a stoplight because the
       City can not spend $100,000 or $200,000 to put a light to keep another fatality from
       happening. He stated they are talking about a golf course that no one knows what the full
       projection of money will be. He stated he is only 37 years old and has lived 14 years out
       where he resides and plans on being in Shawnee for a while. He stated he does not want
       higher taxes and does not want higher school taxes. He stated the schools are
       overcrowded now and the developers talk about being in cahoots with the schools; he bets
       they are. He stated he would like to know how many people who got up and talked about
       this project this evening are in cahoots with the golf course to even know about the
       meeting tonight and even being present this evening. He stated that on down the road, the
       City needs to look long and hard at this project. He stated he is for development; it is not
       going to stop. He stated yes, that ground is going to develop some day. He stated he
       comes from a family that used to own ground at Shawnee Mission Park that sold it so the
       park could be built there. He stated that same family acquired ground out west and sold it
       to the new golf course that went in. He stated his family has benefited from it, but that
       golf course is not making it either.

       DON LANE stated the Council needs to back up and instead of getting all caught up in
       the beauty and hype of buying a new car; how long is the car going to last, how good is it
       made, what is the payment, added expenses, maintenance, and upkeep down the road. He
       stated he believes there are a lot of things that have not been talked about tonight that
       need to be looked into heavily before there is a yes vote and everybody wins, because he
       thinks the losers are going to be the residents and taxpayers and the people that buy into
       the addition and live there. He asked if 10 years from now if those people are still going
       to be there trying to sell lots. He stated there are developments around the City that have
       been going on for 5, 6, 7 years and there are still available lots in some of those
       developments. He stated the growth is going to happen and everyone wants the
       community to grow; he is all for the City growing and being bigger and more like
       Overland Park or Leawood. He asked who wouldn’t want to live in an area like that, but
       what will it cost to live there. He stated if the people could afford that, they would all be
       living in Leawood now.

       Chairperson Newby stated Mr. Lane brought up a couple points that need to be addressed.

       Councilmember Sawyer stated he does not believe the City condemned any property to
       build Mauer Road. He stated there was a house and the City negotiated to buy the house
       and the property at a very reasonable price. He stated that unfortunately, at Barker Road
MAY 18, 2004               PUBLIC WORKS AND SAFETY COMMITTEE MINUTES                        PAGE 29


       and Midland where the accident recently occurred, two weeks prior to the accident the
       City Council approved a Shawnee Mission plan to put in a light that will be started on
       this fall. He stated the lights are going to be redone at Monticello. He stated for Mr.
       Lane’s clarification, he is not going to have to wait a year for those lights. He stated he,
       too, has great concerns about what this is going to cost the City and the taxpayers. He
       stated in his opinion, the City is the taxpayers. He stated that is why he is asking a lot of
       questions and making a lot of comments that some people may not like. He stated he
       believes in telling it like it is. He stated his big concern is that he does not like the
       entrance to this project thing because it is in Lenexa. He stated that turns him off right
       there. He stated there is not much he can do about that right now unless he can talk
       Lenexa into giving Shawnee that land and he believes they would sooner send him a
       snowball in the middle of July. He stated he, for one, will look at this project hard and
       long before he makes a decision.

       Chairperson Newby stated he was going to set the record straight on that intersection as
       well, because that was a big deal to many on the Council to get that approved and it is not
       an issue where the City is waiting for funding. He stated that the communities that have
       been mentioned are all very nice communities such as Lionsgate and Nottingham. He
       stated he thinks the Council can look at their history and what they might be getting here.

       ROD ENGLAND, 6918 Widmer, stated he has been a resident of Shawnee for 24 years.
       He stated he is an avid golfer and played a lot of the courses around the metropolitan area
       and some of the upscale courses and he thinks the course being proposed tonight is one
       that would equal those. He stated a golf course is a big draw. He stated he has heard
       some people talking about the Tomahawk Golf Course. He stated that course is still
       functioning, even though it has not had the upkeep but has been at that location for 100
       years. He stated they are not talking about that kind of a gold course here, as this would
       be an upscale championship-type course that seniors, like himself, women, children,
       everybody can play. He stated he thinks it would be a definite jewel in the crown of
       Shawnee to add this course and the home sites to it.

       LINDA LAMB, 7531 Monticello, stated she has two points that she would like to bring
       up. She stated that as Mr. Deyoe stated earlier, the developers have been in discussion
       with the school district, but does not think that Mr. Deyoe mentioned that this area, which
       they tend to call the postage stamp area for the school district, has very narrowly missed
       being forced to have all of the children in this area bussed about 12 miles to get to a high
       school, elementary school, and a middle school. She stated there is a new middle school
       that is planned and she believes the construction on it is set to go ahead. She stated there
       is not construction planned for another high school and they have added on to the one on
       Monticello to try to keep it viable for another three or four years. She stated she is
       wondering how many people are going to want to move into homes knowing that their
       kids are going to be bussed 12 miles to a school that is much farther away than the ones
       they see on Monticello. She stated that is a big selling point, or lack of selling point, when
       it comes to selling homes.
MAY 18, 2004              PUBLIC WORKS AND SAFETY COMMITTEE MINUTES                     PAGE 30



       LINDA LAMB stated the other thing she would like to bring up is to ask within a five
       mile area how many golf courses does the City need or have.

       BRIAN FREEMAN, 22002 W. 47th Terrace, stated he is an avid golfer. He stated he
       plays golf about 50 times a year and goes to Falcon Ridge and up to Falcon Lakes. He
       stated he is here this evening to support the project and thinks it will be good for his
       family and his kids. He stated he would love to take his kids to the golf course when it
       opens.

       Councilmember Kuhn stated she is not a golfer and has absolutely no clue what makes a
       difference in a course, but looking at this proposed course versus Tomahawk, even she
       can tell it is apples to oranges and a whole different ballgame. She stated that Ms. Lamb
       asked a very valid question; how many golf courses does Shawnee have. She stated she
       counts three; Tomahawk, the one by the apartments, and this one.

       BRIAN FREEMAN stated the course by the apartments is private.

       Councilmember Kuhn stated that would mean there is only one other public course which
       is Tomahawk.

       BRIAN FREEMAN stated that is correct. He stated Tomahawk would be pretty close to
       five miles away. He stated Tomahawk is not on the order of a golf course that is going to
       be built to this type. He stated he would equate this to something like Prairie Highlands;
       a nice upscale golf course, so it is not the same.

       MARVIN HALVORSEN, 7638 Woodland, stated it is a pretty development and he does
       not want to move. He stated he happens to be right at the entrance to the clubhouse, so
       his house would be gone. He stated his concern is that he does not want to move and
       wanted to stay there for a while. He asked the Council about condemnation and if it is
       something inevitable or not, because development goes through. He asked if there was
       some way to work around it so he could remain on his property.

       Councilmember Kuhn stated that Mr. Halvorsen mentioned he is not interested in
       moving. She stated in talking with Mr. Simpson before, it looked as though, with the
       exception of one lot of land, that the developers had agreements with most people to
       move. She asked Mr. Halvorsen if he was agreeing to move only because he is afraid that
       the City Council is going to vote to condemn his property if he does not sign on the
       dotted line.

       MARVIN HALVORSEN answered yes.

       ALMEDA HODGES asked how much property has the developers acquired, because she
       has heard they have not acquired but one property and that is the one south of her
       property.
MAY 18, 2004              PUBLIC WORKS AND SAFETY COMMITTEE MINUTES                      PAGE 31


       Chairperson Newby asked Mr. Simpson if there is a signature thing on the golf course and
       asked if this will be a professional signed course.

       MARK SIMPSON answered that as they were doing value engineering for the golf course
       and trying to get the budget down so that it would be self sufficient, one of the things
       dropped was a proposal for Lee Travino to provide a signature for the course at a
       $350,000 expense. He stated it was decided they had better things to do with $350,000
       and took that out of the budget.

       Chairperson Newby asked if this course had the potential to host professional
       tournaments.

       MARK SIMPSON stated this course could do Pro-Am type tournaments, but because of
       the trees, it could probably not hold big spectator tournaments as there is so many trees
       and so little room for a gallery to stand and watch players. He stated the course will be
       excellent for Pro-Am, Amateur, and Junior tournaments. He stated the course will be very
       much in demand because of the quality and because of the newness of it.

       Chairperson Newby stated moving on to the land issue, obviously it sounds a little
       different than how it was communicated to the Council earlier in the evening.

       MARK SIMPSON stated the developers currently have in excess of 50% of the total
       acreage under contract. He stated in regards to Mrs. Hodges, his company has never had
       any discussions with her, but they have had real estate people speak to her and there was a
       concern about Woodland Road and where it would be in relation to her home. He stated
       her husband speculated as to how far up the right of way for Woodland would go and
       whether the City had the right to condemn Woodland to make it wider. He stated the
       Hodges’ were informed that the City did have the right to do so and Mr. Hodges asked
       how many trees he would lose in his front yard. He stated Mr. Hodges was informed that
       someone was going to put stakes in the front yard to show him where the road right-of-
       way would end, which is about 15 feet from their front door so as to get an appreciation
       that if the Hodges’ do decide to remain, which is solely their choice, they will have two
       years of constant day in, day out, seven days a week construction around them and the
       edge of Woodland will be around 12 feet from their front door. He stated he will not get
       too much into economics, but the Hodges were offered 75% above the county appraisal.

       ALMEDA HODGES stated that Mr. Simpson is really making her mad. She stated her
       husband has not talked to nobody like that and nobody asked nothing like that. She stated
       Mr. Simpson just had that done, his real estate man, and forced her to hire a lawyer and
       she is now out $500.00 paying her. She stated that is a lie.

       LEWIS HODGES stated that he, nor his wife, ever gave permission for anyone to come
       onto their property and they got up one morning and there were stakes all across their
       yard. He stated they have pictures of the stakes. He stated there were around 20 stakes.
MAY 18, 2004              PUBLIC WORKS AND SAFETY COMMITTEE MINUTES                     PAGE 32



       ALMEDA HODGES stated she took pictures of the stakes and called her lawyer and she
       made them come out and take the stakes down.

       MARK SIMPSON stated they took the stakes down within 24 hours of receiving the call
       from her lawyer. He stated they did apologize for the misunderstanding and there was no
       damage done to their property, but it was very evident how close Woodland would be.
       He stated just dealing with where Woodland lies now and how wide the City Engineer
       informed them Woodland would have to be, Woodland will be in front of their home.

       Chairperson Newby stated there are some negotiations that must occur there, much more
       than what was stated earlier.

       MARK SIMPSON stated he has always said that his company did not have all of the
       tracts tied up. He stated they have offered the Hodges 75% over the county appraisal and
       he is sure if it is worth more than that, the county should probably come out and
       reappraise it.

       Councilmember Kuhn stated one thing Mrs. Hodges did point out is if the developers did
       purchase her 2 ½ acres, they would not be able to afford property right where they were
       anyway. She stated the developers are offering 75% over the current appraised property
       value and asked how much he is offering on what the property value would be when it is
       right next to a $500,000 house on the golf course.

       MARK SIMPSON stated it would not actually be there, as the Hodges’ home is tucked
       into the corner of the driving range.

       ALMEDA HODGES stated her house is appraised at $150,000 and she was offered
       $250,000 and she told Mr. Simpson no, she does not want to move. She stated she loves
       her property and her grandkids love it.

       MARK SIMPSON stated he did not want to discuss the economics, but the county does
       say the property is worth $139,300 and the Hodges were offered $250,000 which is 75%
       to 80% above the appraisal. He stated if that is not acceptable to the Hodges and they do
       not mind having Woodland 12 feet from their front door and do not mind construction 12
       hours a day, seven days a week for the next two years around their home, then he guesses
       the Hodges can be at the end of the driving range.

       Chairperson Newby stated they do not want to negotiate it here this evening.

       Councilmember Kuhn asked Mr. Simpson about Mr. Halvorsen and asked how much
       land he has and where he falls into the plan.

       MARK SIMPSON answered that Mr. Halvorsen has .6 acres and it is adjacent to where
       the parking lot would be. He stated the current proposal is 35% to 40% above the
       appraisal.
MAY 18, 2004               PUBLIC WORKS AND SAFETY COMMITTEE MINUTES                         PAGE 33




       Councilmember Kuhn asked if it is possible to work around Mr. Halvorsen since it is less
       than an acre.

       MARK SIMPSON stated it would be very difficult to have a home in the middle the
       parking lot.

       Councilmember Kuhn stated she thought Mr. Simpson stated that Mr. Halvorsen’s
       property backed up to the parking lot.

       MARK SIMPSON stated Mr. Halvorsen’s property is actually on the north half of the
       parking lot.

       Chairperson Newby asked City Manager Montague of the expectations for this evening.
       He asked if this item is ready to go to the Council or if it is just more of a discussion.

       City Manager Montague answered the next step, if this were to move forward, would be
       to go to the Planning Commission. He stated this is just an information session this
       evening to get input from the Council in regards to the project and to ask questions.

       Chairperson Newby stated no motion is necessary this evening. He stated to the extent
       that there are concerns, there will be additional forums for those to be raised and the
       Planning Commission meeting and then it would come back to the City Council after
       that.

       MARK SIMPSON stated the developers would probably not want to go to the Planning
       Commission first and waste their time with a public notice and all of the things entailed
       in that, until the professional staff and the developers came to an agreement on
       expectations of the City as to cash flow from the golf course and the ability of the City to
       fund it and receive funds back. He stated there are a lot of issues that the developers
       would want to cover before going through the planning process, which is very daunting.
       He stated if the City does not feel that they can afford the same kind of amenities as other
       cities in Johnson County at this time, then his company would have to know that before
       they move on to the Planning Commission. He stated they would really like to work with
       the professional staff, at the direction of the Governing Body, to determine the financial
       feasibility and have a little more time to discuss with the handful of landowners that they
       have been unable to come to terms with; what it will take to come to terms with them and
       if it is financially feasible it will happen and if not – getting twice for a piece of property
       that the county says it is worth, it is probably not worth that.

       Chairperson Newby stated the Council would want the developer to do those things too.

       Councilmember Goode stated he is going to rely more on consultation and he is going to
       speak with people who operate these types of things around the country and discuss
       certain things with them. He stated that only at that time will he be in a position to make
MAY 18, 2004               PUBLIC WORKS AND SAFETY COMMITTEE MINUTES                           PAGE 34



       a decision. He stated he knows the developers are fair and he likes the project, but he is
       going to do those things first.

       MARK SIMPSON stated he would encourage Councilmember Goode to do so. He stated
       one other issue he would like to address that was brought up two or three times this
       evening are the schools. He stated the school district currently owns a flat tract of land a
       quarter of a mile away from the site. He stated the school district has owned it for over
       15 years and are ready to build an elementary school, but can not build one for 20 kids.
       He stated the school needs 300-400 children and this subdivision will probably draw
       somewhere around 100 elementary age children, per year, to this community and create
       the need for a school. He stated the school site is there and on Monticello and is a quarter
       of a mile from the subject site. He stated the school had the foresight 15 years ago to
       obtain a good flat level site and all of the utilities are on it as well as all of the sewers. He
       stated this land is ready to develop as soon as there is a demand for it. He stated he has
       no concerns whatsoever and has a several million dollar investment here with the ability
       of the DeSoto School District to provide excellent education to all residents.

       Councilmember Kuhn stated she is in agreement that at some point in time this property
       will be developed in bits and pieces. She stated she would much prefer to see it
       developed into something like Mr. Simpson is presenting to them this evening. She
       stated she would not be in favor of condemning someone’s land to make it happen, unless
       it was an absolute last resort and would hope that in good faith, Mr. Simpson and the
       development team would recognize that this is very emotional for some people and not
       just dollars and cents. She stated 80% over retail value does not make up for seeing their
       kid play on their swing. She stated it is very hard to look at this as just dollars and cents.
       She stated she would hope that tact would be used in negotiating those deals. She stated
       she would hope that persons who have that property will also recognize that Shawnee, as
       a whole, would probably benefit greatly by having one large development in a quality
       area, rather than hodgepodge developments that the City may not benefit from.

       MARK SIMPSON stated the other thing is to ask what the quality of life would be for
       someone who stays on the property with the widening of Woodland and the activity
       around there with the construction. He stated the quality of life at that location will
       definitely change.

       Chairperson Newby stated that overall, this is a very strong thing for Shawnee. He stated
       the concerns that have been raised this evening by people are real and personal. He stated
       he hopes those issues can be resolved and is optimistic that they will be.

       City Manager Montague stated another possibility would be to go ahead and rework these
       numbers and bring this item back to the City Council on June 14, 2004.

       MARK SIMPSON stated his company will be in a position to do that by June 14, 2004.

       Chairperson Newby stated this item will still need to go to the Planning Commission.
MAY 18, 2004              PUBLIC WORKS AND SAFETY COMMITTEE MINUTES                        PAGE 35




       City Manager Montague stated that ultimately, the plans will have to be presented to the
       Planning Commission and then come back to the City Council, but the Council wants to
       look at the numbers and all of that information and that would probably be most
       appropriate at a City Council meeting. He stated this could not be done next Monday at
       the Council meeting because that would be too soon.

       Councilmember Goode asked if the Council needed to make a recommendation for the
       Planning Commission to review this project.

       City Manager Montague answered that the Planning Commission would actually be
       considering the land use and the zoning. He stated other things need to be reviewed by
       the City Council before they continue ahead; which would be whether or not the project is
       feasible.

       Councilmember Kuhn asked City Manager Montague if she understood him to say that on
       June 14, 2004 the Council would discuss whether or not they feel, as a whole, that the
       golf course can support itself. She stated that would be a question to answer and get into
       more deeply and then if the Council feels that they have reached some agreement on the
       feasibility, it would move to the Planning Commission to talk about land use.

       City Manager Montague answered that is correct.

       Chairperson Newby stated he would prefer it go to the Planning Commission, because it
       is such a fast turnaround to go to the Council with these open items. He stated he would
       prefer it go the path that it would normally take.

       Councilmember Sawyer stated he thinks the reason the developers want this to go to the
       Council is not because they want the Council to approve the whole project, but they want
       the Council to say they will support the bonds or not. He stated the Planning
       Commission can not do that. He stated the City Council has to do that. He stated if the
       City Council is not going to support this project, they need to deal fair with the developer
       by telling them the Council will not support this project and then they can go on their
       way, or that the Council will support the project. He stated the Planning Commission can
       not handle that part of the process. He stated if he understands the process, that is what
       they are talking about here.

       MARK SIMPSON agreed with Councilmember Sawyer.

       Councilmember Sawyer asked why should the Council have the developers go to the
       expense of drawing up plans for the Planning Commission if in the beginning it is not
       going to be supported; or the Council might support it. He stated that is all he believes, if
       he understands correctly, that they are asking to do. He stated he believes that is fair.
MAY 18, 2004              PUBLIC WORKS AND SAFETY COMMITTEE MINUTES                     PAGE 36



       MARK SIMPSON stated they would like to do a full land use application following a
       determination by the City Council if they wanted to support the idea of permanent public
       open green space funded by the golf course and funded by the sale of GO bonds. He
       stated they thoroughly expect to do that. He stated a project of this magnitude and the
       application itself for the Planning Commission for a preliminary plat and all involved is
       probably a $100,000 expense. He stated they would not want to undertake that until they
       have some kind of feeling that the Council is supportive and wants to go forward with a
       first class golf facility to be owned by the City.

       Councilmember Goode, seconded by Councilmember Kuhn, moved to send the
       discussion of The Links at Mill Creek, a proposed golf course, with no recommendation
       to the Monday, June 14, 2004 City Council meeting. The motion carried 4-0.

ADJOURNMENT

Councilmember Goode, seconded by Councilmember Newby, moved for adjournment. The
motion carried 4-0. The meeting adjourned at 9:06 p.m.

Minutes prepared by: Cindy Terrell, Recording Secretary

APPROVED BY:



___________________________________
Carol Gonzales, Deputy City Manager

				
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