CITY OF SHAWNEE

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					                                     CITY OF SHAWNEE
                                  CITY COUNCIL MEETING
                                         MINUTES
                                        JUNE 9, 1997
                                          7:30 P.M.

Mayor Allen called the meeting of June 9, 1997, to order at 7:35 p.m. in the Shawnee City Hall
Council Chambers. Councilmembers present were: Councilmembers Truitt, Segale, Meyers,
Goode, Breitenstein, Severance, Snell and Douglas. Others present were: City Manager Montague,
Finance Director Meyer, City Engineer Wesselschmidt, City Clerk/Human Resources Director
Hodges, Police Chief Hayselden, Fire Chief Hartley, Planning Director Chaffee, City Attorney
Rainey, and Parks and Recreation Director Lodge. Mayor Allen welcomed the public and all stood
and recited the Pledge of Allegiance.

Members of the public who spoke were: Charlie Vogt, Executive Director, Shawnee Area Chamber
of Commerce, and Shawnee Economic Development Council (Item 13), David Boyer, President,
ProSoCo, Inc. (Item 13), Bruce Boyer, ProSoCo, Inc. (Item 13), Randall Robinson, 8090 Gleason
Road, Lenexa (Item 13), Ginevera Moore, Attorney, McRoberts & Associates, 4550 Belleview,
Kansas City, Missouri (Item 13), Jean Hodson, 8317 Apache Road, Lenexa (Item 13), Mindy Oaks,
6410 Anderson (Item 13), Joe Bichelmeyer, 24585 W. 79th Street, Lenexa (Item 13), Ed Powers,
6224 Greenwood (Item 13), Scott Buscher, 6742 Red Oak Drive (Item 13), Roger Sellers, 11910 W.
70th Terr. (Item 13), Carroll Flannery, 5524 Pflumm Road (Item 13), Brenda Staggs, Belmont,
Lenexa (Item 13), Patrick McGreal, Lab Manager, ProSoCo (Item 13), Tom Zarda, 6770 Mize Road
(Item 13), Jerry Esfelds, Senior Construction Engineer, Hallmark Cards (Item 11), Bob Jepson,
Marketing General Manager, Hallmark (Item 11), Tom Rich, 4904 Roundtree (Item 12), Jerel
Wright, 4924 Roundtree (Item 12), James Lambeth, Project Engineer, Campbell, Barber, Lambeth
and Associates (Item 12).

CONSENT AGENDA

1.     APPROVE MINUTES FROM THE CITY COUNCIL MEETING OF MAY 27, 1997.

2.     REVIEW MINUTES FROM THE PLANNING COMMISSION MEETING OF MAY
       19, 1997.

3.     REVIEW MINUTES FROM THE FINANCE                            AND     ADMINISTRATION
       COMMITTEE MEETING OF JUNE 3, 1997.

4.     REVIEW MINUTES FROM THE PARKS AND RECREATION ADVISORY
       BOARD MEETING OF MAY 1, 1997.

5.     CONSIDER CHANGE ORDER NO. 1 FOR SHAWNEE PUBLIC WORKS SERVICE
       CENTER, P.N. 3218.

The contract was awarded to Altmar, Inc. on March 24, 1997, in the amount of $1,313,000.00. This
      change order reflects a net decrease of $55,870.45. The new contract amount for the project
      is $1,257,129.55.
PAGE 2                         CITY COUNCIL MINUTES                                   JUNE 9, 1997



6.       CONSIDER CHANGE ORDER NO. 4 FOR                         49TH     TERRACE       STREET
         IMPROVEMENTS, NIEMAN TO BOND, P.N. 3207.

The contract was awarded to Kaw Valley Sand and Gravel, Inc. on May 28, 1996, in the amount of
      $388,832. Change Order No. 1 was approved by Council on September 23, 1996, for a net
      increase of $5,200. Council on December 12, 1996, approved Change Order No. 2 for a net
      increase of $3,598.95 and Change Order No. 3 for a net increase of $14,103.70. This change
      order reflects a net increase of $10,075.02. The new contract amount for the project is
      $411,734,65.

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

MAYOR’S ITEMS

There were no Mayor items.

Councilmember Snell, seconded by Councilmember Truitt, moved to move up agenda item 13 as
the next item for consideration by Council. The motion carried 8-0.

COUNCIL ITEMS

13.      CONSIDER THE FOLLOWING ITEMS FROM THE PUBLIC WORKS AND
         SAFETY COMMITTEE MEETING OF MAY 20, 1997.

         a)   Request For Financial Incentives for ProSoCo, Inc. to Locate in the City of Shawnee.

              Councilmember Snell stated that this item was tabled at the May 27, 1997 City
              Council meeting. He said that the Committee recommended 4-0 that Council
              approve the financial incentives for ProSoCo, Inc., for a 50% real property tax
              abatement for ten (10) years, for a 12 acre site located in Perimeter Park which is
              located at 83rd and K-7 Hwy. He said that this company originally planned to be
              located in the K-7 Industrial Park, at K-7 Highway and 79th Street.

              CHARLIE VOGT, Executive Director, Shawnee Area Chamber of Commerce, and
              Shawnee Economic Development Council, introduced the applicant, David Boyer,
              President, ProSoCo, Inc. He said that there had been two additional public meetings:
              one meeting coincided with the May 27, 1997 City Council meeting, and an
              additional meeting was held June 5, 1997 at Monticello Trails School.

              DAVID BOYER, President, ProSoCo, Inc., stated that many of the concerns
              expressed by some Shawnee residents relate to chemicals or chemical manufacturing
              processes that ProSoCo does not employ. He said some of the concerns relate to
              zoning issues and the impact of surrounding businesses over which ProSoCo has no
              control. He noted that in three public meetings they had demonstrated to everyone
              willing to listen that the water base blending operation they had planned for the
JUNE 9, 1997                     CITY COUNCIL MINUTES                                         PAGE 3

               Shawnee site would result in a safe and attractive production facility, one that
               complies with all building and zoning requirements of the City of Shawnee. He
               stated that he had indicated at the June 5, 1997 meeting, that independent regulatory
               officials and environmental authorities confirmed that ProSoCo has acted responsibly
               in the past. He stated that the facility they are proposing for Shawnee would have no
               negative impact on the environment and they would not jeopardize the safety of the
               surrounding community. He indicated their desire was to build a new corporate
               home for ProSoCo and they are a family owned company that has been based in the
               Kansas City area for 59 years.

               DAVID BOYER stated flyers that were distributed to the Shawnee community by
               those opposed to the ProSoCo move, misrepresent their company and their desire to
               create a safe working environment for ProSoCo employees and their families. He
               said they recognize that there remains some concern among Shawnee citizens
               regarding the proximity of their proposed site to surrounding residences. He stated
               that ProSoCo has agreed with owners of the K-7 Industrial Park and Perimeter Park
               to move their proposed development to Perimeter Park, on the south side of 83rd
               Street. He indicated that they are prepared to enter into a performance agreement
               with the City of Shawnee including the following provisions: 1) development of an
               emergency response plan for the Shawnee site, copies which would be maintained on
               file with the Shawnee Fire Department, Shawnee Public Works Department, Johnson
               County Environmental Department, and Shawnee City Hall; 2) annual emergency
               response drills in cooperation with the Shawnee Fire Department, which Shawnee
               public officials would be invited to attend and observe; and 3) in cooperation with
               the Shawnee City Planning and Public Safety officials, Volcum Chemicals, and other
               ProSoCo vendors, ProSoCo would define non-residential transportation routes for
               incoming deliveries of raw materials and outgoing shipments of ProSoCo finished
               goods.

               DAVID BOYER stated that complete copies of all building plans, safety and
               environmental protection systems, location of emergency generators, and other
               emergency response information would be filed with the Shawnee Fire Department
               and Shawnee City Hall. He said that additional copies would be maintained on-site
               in a secure lock box which is accessible to the Shawnee Fire Department and other
               emergency response personnel. He indicated that a complete up-to-date listing of all
               materials warehoused or utilized in production at ProSoCo would be provided to the
               Shawnee Fire Department. He noted that all production processes will be located
               inside the ProSoCo facility. He stated there would be no external storage of bulk
               materials or containers. He indicated that in meetings and discussions they had
               reviewed their plans for development and addressed questions regarding ProSoCo's
               past and future. He noted that they do not pose a risk to the Shawnee community.
               He stated ProSoCo meets and exceeds all requirements of the Shawnee Financial
               Incentive Policy. He said for these reasons, they respectfully request an affirmative
               vote on their application for financial incentives.

               CHARLIE VOGT stated that the ProSoCo company was no longer looking at the K-
               7 Industrial Park. He said they are considering a site at Perimeter Park, south of 83rd
PAGE 4                     CITY COUNCIL MINUTES                                       JUNE 9, 1997

         Street and west of K-7 Hwy. He noted that presently located in Perimeter Park are
         Naz-Dar, which manufactures ink products and Kraft Tools, which manufactures
         tools for the construction industry, and there are three other buildings under different
         stages of construction in that location: Wilcox Electric, Olson Manufacturing, and
         ICO. He indicated that K-7 Industrial Park and Perimeter Park are both owned by
         ZZR Partnership: Tom Zarda, Ben Zarda, and Leo Rieke. He stated that ProSoCo
         looked at other sites and is now considering a 12 acre site in Perimeter Park because
         of public concerns.

         CHARLIE VOGT presented a Cost Benefit Analysis, attached as Exhibit "A" to
         these minutes. He stated the only difference from their last analysis is that this would
         be in the Olathe School District instead of the DeSoto School District. He said some
         of the chemical companies that have chosen to locate in Shawnee are BioCore, a
         chemical company; Naz-Dar, a chemical company; and Bayer, an animal health
         company. He noted that chemical companies have many different connotations and
         this is a broad category. He stated that the City has realized in the last four years
         about $224,000,000 worth of new capital investment.

         CHARLIE VOGT said that Economic Development and the Shawnee Area Chamber
         of Commerce's function is to bring new value to Shawnee. He indicated that they
         look at a classification system of the percentage of total value, and at the time when
         they entered this project, only 19% of the total value in the City of Shawnee was
         commercial and industrial. He said their goal by the year 2000 is to reach 30%
         industrial and commercial assessed valuation. He noted that they are doing this
         because there are so many new homes being built in Shawnee that are putting a big
         load on the school districts. He said that houses do not pay for schools, businesses
         do. He stated they are trying to diversify the tax base by recruiting new businesses
         like ProSoCo. He said that they had sent a letter (included in Exhibit "A" to these
         minutes) to Dr. Ron Wimmer, Superintendent, Olathe School District, telling him
         about this project. He indicated that they intend to do that with the County and other
         taxing entities to let them know the extent of this and ask for their acceptance of this
         project. He noted that they tried to comply with all the elements of the Financial
         Incentive Policy for the City of Shawnee. He said they looked at the criteria for
         considering incentives to a company and tried to outline as clearly as possible where
         this company meets or exceeds those recommendations.

         Councilmember Severance stated that if ProSoCo is moving further away from
         Shawnee residents, that would make them closer to Lenexa residents. He asked if
         those residents, or the City of Lenexa officials had been contacted and if there had
         been a response to that.

         CHARLIE VOGT stated they had not had the opportunity to contact City of Lenexa
         officials as a courtesy. He said in trying to identify the people within a certain radius,
         about 1/3 of the people around the previous site are Lenexa residents. He said that by
         law there are no notification requirements on a tax abatement or an IRB application
         other than public hearing notifications when the IRB comes before Council.
JUNE 9, 1997                    CITY COUNCIL MINUTES                                        PAGE 5

               Mayor Allen stated he contacted the City of Lenexa and reached Sandra Howell, City
               Clerk, who indicated that she would notify the Mayor and the City Manager.

               Councilmember Severance asked if he had heard back from them.

               Mayor Allen stated no.

               CHARLIE VOGT stated they were able to contact two Councilmembers from
               Lenexa: Diane Linver and Thomas Nolte. He said that they received a letter from
               Thomas Nolte on June 5, 1997, expressing his interest.

               Councilmember Severance thanked CHARLIE VOGT for sending the letter to the
               Olathe School District. He asked if it is part of the City’s policy to get their
               response, and would this be in conflict with the City's Financial Incentive Policy by
               not receiving a response from them.

               CHARLIE VOGT stated the petitioners were wanting Council to consider this with a
               "subject to" provision because they were not able to contact those people within a
               timely manner to get their response. He said the subject to provision would be giving
               them a chance to review this at a later date.

               Councilmember Severance asked CHARLIE VOGT to explain the differences in the
               construction costs and the differences it would have on the financial impact analysis
               that he presented.

               CHARLIE VOGT stated that land cost would be the only variable in the project.

               Councilmember Severance asked about the structure itself.

               CHARLIE VOGT stated there would be no structural changes.

               Councilmember Breitenstein asked if he got a response from Diane Linver after he
               contacted her.

               CHARLIE VOGT stated he had talked to Diane Linver prior to the change in
               location. He said she attended the public meeting on June 5, 1997, and she took
               notes and spoke on behalf of some of her constituents.

               BRUCE BOYER, ProSoCo, Inc., stated he visited the site they were considering that
               afternoon. He said in his conversations with Tom Zarda, it appears that there is
               nothing immediately south of the site, and it is up for zoning consideration for
               industrial development.

               Councilmember Breitenstein asked if the site they are considering is in the middle of
               the park and not adjacent to any residential property.
PAGE 6                     CITY COUNCIL MINUTES                                     JUNE 9, 1997

         BRUCE BOYER stated the goal of picking the site was so they would not be
         adjacent to any residential property.

         CHARLIE VOGT stated there has been a contention that the Monticello United
         Methodist Church is 1/4 mile from the original site. He said this site would be
         another 1/2 - 3/4 miles south from the original site.

         Councilmember Segale stated that he appreciated the ProSoCo company considering
         Shawnee as a place to possibly locate. He asked if there were any business reasons
         that would justify a tax abatement in Shawnee compared to other sites where they
         have considered locating; such as costs associated with the development of this site
         that would be higher than some other site, services that Shawnee does not offer that
         another municipality might, some location associated risk, or skills lacking in the
         work force immediately available to them in Shawnee that are not lacking in another
         location.

         DAVID BOYER stated the main basis for their selection of Shawnee over alternative
         sites was access and the availability of a qualified work force for present and future
         job requirements. He said they are looking for 12 acre tracts in a properly developed
         and controlled industrial park. He noted to achieve those three goals, they are willing
         to make a greater investment over a long period of time. He indicated that this
         reflects the fact that they are not a company that jumps from one site to the next. He
         stated that they have been based in Kansas City, Kansas for 59 years and they take
         any move seriously and do not just consider the short term, but the long term impact
         of that. He said the environment that Shawnee provides would give them a good
         long term home for their facility.

         RANDALL ROBINSON, 8090 Gleason Road, Lenexa, stated this item first came to
         the Public Works and Safety Committee meeting. He noted that the site had
         changed, and asked if this item needed to be reconsidered by the Public Works and
         Safety Committee.

         Mayor Allen stated that the Public Works and Safety Committee makes a
         recommendation; the actual action would be taken at the Council meeting that
         evening. He said that this is not a rezoning issue; it is strictly a question from a tax
         abatement standpoint: Does this proposed firm fit Shawnee's policy and is it
         something that Council is willing to grant a tax abatement? He stated that Perimeter
         Park and K-7 Industrial Park both meet all the zoning regulations. He noted if this
         company wants to come to Shawnee, take out a building permit, pay the applicable
         fees, and construct a building, they have a legal right on either site.

         KEN RAILEY, 23840 W. 81st Terr., Lenexa, stated that no one living in Lenexa was
         notified of anything. He said he knows the City Charter does not require that, but
         that is wrong and should be changed. He indicated if this vote goes wrong, a lot of
         Shawnee Councilmembers would not be retiring from this board. He noted that
         ProSoCo may be honorable, but they are out to make a profit and wanted to move out
         of a restricted area. He indicated that Tom Zarda wanted to make a profit on the land
JUNE 9, 1997                     CITY COUNCIL MINUTES                                          PAGE 7

               he invested in. He said he does not understand the Governing Body's attitude when
               all these people say "we do not want it, take it elsewhere." He stated these are the
               people who elected the Governing Body.

               GINEVERA MOORE, Attorney, McRoberts & Associates, 4550 Belleview, Kansas
               City, Missouri, stated she had been hired by the Citizens for the Safe Development of
               Shawnee, Kansas. She said this is the first time that they have heard that ProSoCo
               was considering an alternative location. She indicated that she had driven around the
               area and has seen both the K-7 Industrial Park and Perimeter Park. She noted that
               there are 50-60 residences within 1/2 mile of the K-7 Industrial Park and there are
               over 100 houses located within 1/2 mile of Perimeter Park. She noted that many of
               those homes are located in Lenexa, but from their perspective, people are people.

               GINEVERA MOORE stated it is their position that the City of Shawnee must be
               selective in the types of businesses which it chooses to attract through tax incentives.
               She said they are not against tax abatements in Shawnee, but they do believe the City
               should consider carefully the types of businesses it intends to attract through its
               financial incentive program and the impact that those companies potentially might
               have on any of the residential communities located near their proposed facility. She
               presented a Statement of Position of the Citizens for the Safe Development of
               Shawnee, Kansas (included as Exhibit "B" to these minutes) and indicated that they
               obtained this information from public records from the City of Shawnee, the City of
               Kansas City, Kansas, the Kansas Department of Health and Environment, EPA,
               OSHA, and ProSoCo.

               GINEVERA MOORE stated the Cost Benefit Analysis presentation (Exhibit "A")
               takes into consideration tax issues only. She said it does not look at the risks which
               would be involved in locating a chemical production facility like ProSoCo in
               Shawnee. She indicated that one of the biggest concerns that the residents have is
               what would happen if a release, spill, or explosion occurred with one of ProSoCo's
               trucks outside their facility. She said this issue is not about ProSoCo, it is about the
               kinds of businesses which the citizen's group believes that the City of Shawnee ought
               to attract to this area through the tax incentive program. She noted that it is the
               position of the citizens that industries utilizing large quantities of toxic chemicals
               should not be offered financial incentives to locate production facilities near
               residential neighborhoods, whether they be Shawnee or Lenexa residents. She stated
               that they urge Council to vote against the proposal currently being considered.

               Councilmember Segale stated that trucks travel up and down I-435 through Shawnee
               and K-7 Hwy all the time. He asked if there was an estimate of how many vehicles
               traveling at those locations have these kinds of chemicals on them. He asked if there
               has been rulings on whether cities are able to restrict the transportation of materials
               through their communities.

               GINEVERA MOORE stated she has no idea how many trucks travel through the
               Shawnee area every day. She said the citizen’s concern is with a production facility
               being out there where the trucks are not just going to travel through, but they would
PAGE 8                     CITY COUNCIL MINUTES                                     JUNE 9, 1997

         be stopping and going on roads that do not have controlled access. She noted that the
         trucks would have to slow down on K-7 Hwy in order to get off onto 83rd or 75th
         Street. She indicated she does not know if the City has the authority to regulate
         traffic. She stated most large chemical facilities do enter into agreements with
         regulating authorities to control truck traffic keeping the trucks on certain roads. She
         said the City did not have any authority to enforce such an agreement, except by
         virtue of a contract.

         Councilmember Truitt stated some of these chemicals are very commonly used and
         stored in great quantities at hardware stores, landscape businesses, gas stations,
         battery stores, tire stores, and pools. She said these chemicals are being used in new
         residential developments. She noted that she lives on William's Pipeline and it
         scares her to death. She indicated there are electric transformers, propane, gas grills,
         the interstate highways, and railroads which create a lot of hazards. She said she has
         looked at the safeguards of this system, and feels safer with this system than the
         regular everyday things.

         GINEVERA MOORE stated our communities are filled with risks. She said the
         citizens want to voice their opposition to the City adding another risk.

         Councilmember Snell stated that GINEVERA MOORE mentioned that accidents are
         fairly common in the industry. He asked if, in her research, there had been any other
         incidents which had occurred, such as serious burns or deaths, at ProSoCo.

         GINEVERA MOORE stated no.

         Councilmember Snell asked her if she had a chance to visit the current ProSoCo
         facility.

         GINEVERA MOORE stated that she has driven past the facility.

         Councilmember Snell stated he visited with people that knew Claude Floyd, the
         accident victim, and they spoke highly of the reaction of the company. He said that
         the company is making sure that something like this accident would never happen
         again. He noted that this accident was the first incident in 59 years and nothing had
         occurred prior to that. He indicated that based on his research, there is a high degree
         of attention paid to safety issues.

         GINEVERA MOORE stated not that ProSoCo was unsafe or inadequate necessarily,
         but these kinds of accidents occur due to human error and can not be controlled by
         even the best engineering controls.

         JEAN HODSON, 8317 Apache Road, Lenexa, presented a petition (included as
         Exhibit "C" to these minutes) signed by 816 Shawnee residents and 76 Lenexa
         residents who she stated all agreed with the following statement: "I, the undersigned,
         oppose the proposal (to be voted on by the City Council of Shawnee) to grant tax
         abatement to ProSoCo, Inc. ProSoCo, Inc., a chemical compounder and production
JUNE 9, 1997                    CITY COUNCIL MINUTES                                         PAGE 9

               corporation, seeks tax abatement as a first step to purchasing land and building on a
               site at 79th and Hedgelane in western Shawnee. ProSoCo manufactures a variety of
               corrosive, flammable, and combustible products by combining, blending, and
               packaging mixtures of large quantities of industrial chemicals. Exposure to high
               levels of some of these industrial chemicals proposed for use in ProSoCo's Shawnee
               production facilities can cause harmful health effects in humans. Both the State of
               Kansas and the United States Occupational, Safety and Health Administration have
               cited ProSoCo for violating environmental and safety regulations in the past. We
               believe that companies with histories of non-compliance intending to operate this
               type of facility very near our homes, schools, and neighborhood communities should
               not be subsidized with public funds."

               MINDY OAKS, 6410 Anderson, stated this location is approximately 1/2 mile from
               her house. She said that her mother and father live at 7365 Gleason Road, which is
               1/2 mile from the proposed site. She said that her background is in safety and health.
               She noted that through her education, experience, and knowledge, she feels
               competent in her profession. She indicated that she had obtained a copy of the
               fatality case.

               Mayor Allen stated that ProSoCo had also furnished that to the City.

               MINDY OAKS stated the accident that occurred at ProSoCo on September 22, 1995,
               resulted in the death of an employee. She said a safety manager was interviewed and
               he stated that they were in the process of getting more involved with safety and
               health programs. She noted that this represents the only fatality in this type of
               industry, in ten years, in the State of Kansas. She indicated the citations that were
               issued by OSHA were in regards to the hazard communication program and lack of
               training. She stated that ProSoCo is trying to convince Shawnee of their safe state of
               the art facility. She said that over 90% of accidents are a result of human error and
               not state of the art facilities. She stated ProSoCo should not be granted a tax
               abatement.

               JOE BICHELMEYER, 24585 W. 79th Street, Lenexa, stated that his property
               boarders Gleason Road on the east, 79th Street on the north, and Clare Road on the
               west. He said he is not against progress, but what he can not tolerate is the
               possibility of a chemical plant being that close to him. He indicated that he attended
               informational meetings regarding ProSoCo, listened to several residents' concerns,
               talked with the applicant, and the developer. He noted even with all this information,
               his uneasiness with ProSoCo and the site still remain.

               ED POWERS, 6224 Greenwood, stated the conversations that he has had regarding
               ProSoCo indicate that this is a fine company and they do a good business. He asked
               why a company operating in four states, having a credit rating to obtain $10 million
               in industrial revenue bonds, could not pay their taxes. He indicated that businesses
               do not pay for schools if they do not pay their property taxes. He noted that he is in
               the process of studying Kansas property taxes. He stated he disagrees with the
               developing myth in Kansas that has been going on since 1986. He said that was the
PAGE 10                      CITY COUNCIL MINUTES                                      JUNE 9, 1997

          beginning of a huge tax shift which reduces the revenue from the most profitable and
          largest businesses in Kansas. He noted that the result of every tax abatement and
          exemption on business that occurs is to shift the burden almost directly to small
          businesses and residential property owners. He indicated that 75% of all the real
          estate in Shawnee is residential property, and if they did not pay their taxes, their real
          estate would be taken away. He indicated that CHARLIE VOGT mentioned that
          $224,000,000 in new value would be added to Shawnee. He said the 1997 Shawnee
          budget says that the total assessed valuation of Shawnee is $243,000,000. He asked
          where all this is coming from.

          Mayor Allen stated it is not on the tax rolls; it is being built.

          ED POWERS stated that is his point; it is not on the tax rolls. He said a tax abated
          business does not pay for the cost of infrastructure, schools, sewers, roads, fire and
          police. He noted it contributes to none of those or at least to the extent of the
          exemption. He indicated more jobs cause the cost of government to go up. He stated
          that increased cost is represented in mills to the people in their tax bill. He said there
          is no free lunch with tax abatements. He noted even though ProSoCo is a fine
          company, they are nevertheless a storage operation for hydrofluoric acid and they
          have to have special permits to do that. He indicated there is a second question of
          putting a hydrofluoric acid storage plant in the middle of 500 houses in that area. He
          stated when a tax abatement is granted, the tax burden is shifted to residential and
          small business property owners, which results in discrimination against local
          businesses in favor of businesses located outside of Shawnee because of the way the
          law has been written. He asked Council to encourage the type of businesses they
          want and to make them pay their taxes so everyone else does not have to pay the
          taxes for them.

          SCOTT BUSCHER, 6742 Red Oak Drive, stated he lives in Ward 3 and has been a
          Shawnee resident, taxpayer, and worked for ProSoCo for over 17 years. He said he
          was happy that ProSoCo was considering Shawnee as a potential site because he
          lives close. He noted that he would encourage the City of Shawnee to try and attract
          more quality high profile businesses. He indicated that he does agree with the tax
          incentives provided, because he feels as a homeowner that the small amount of tax
          revenue that is being generated there now, could only be improving his situation
          along with other homeowners. He stated a lot of these people's fears have been
          predicated on misinformation and skewed information that is not relative to the
          operation of ProSoCo. He said the Boyer family does not take any aspect of running
          this business lightly. He noted that since the 1930's, the Boyer family has been
          committed to running a 1st class operation as well as providing a good and safe place
          to work.

          SCOTT BUSCHER indicated ProSoCo holds an unique position within the
          restoration and construction industries. He said that their products were exclusively
          approved for use on the U.S. Capital Building, Grand Central Station, Ellis Island,
          many of the Smithsonian Museums, and the World Trade Center. He stated that
          ProSoCo is actively involved in the preservation program for the Union Station and
JUNE 9, 1997                     CITY COUNCIL MINUTES                                          PAGE 11

               Liberty Memorial. He noted that there products were used to revitalize the Quality
               Hill and River Market areas. He indicated that in Shawnee they have cleaned City
               Hall, Shawnee East Pool, Schnucks, Applebees, Westbrooke Shopping Center,
               Ryan's Steakhouse, and the West Glen development. He stated that many of the
               compounds that are used in their products are widely available at any of the do-it-
               your-self home centers in this City and across the country.

               SCOTT BUSCHER said ProSoCo is a facility that is far more regulated and has
               demonstrated the kind of controls that show that these products can be handled
               safely. He noted the facility that ProSoCo has proposed is demonstrated to exceed
               all the safety and regulatory requirements of an operation of this nature. He indicated
               that the inter modeling studies have shown that even in the highly unlikely event of
               an accident, under worst case scenarios, that the environmental impact would not
               extend beyond the boundaries of their property. He stated that he speaks for many
               when he says there is a strong interest in seeing this program proceed forward. He
               said that ProSoCo has outgrown their current facility and they need a new production
               facility in which to continue growth. He noted that growth would help Shawnee with
               new jobs and new tax dollars. He stated that he respectfully requested that Council
               consider approval of the ProSoCo tax abatement issue.

               Councilmember Segale stated in regards to the undeveloped land argument, that
               would be true under any circumstance, whether a residence was being built or
               anything else. He said you can always say something is better than nothing. He
               asked if SCOTT BUSCHER felt that Shawnee taxes are too high.

               SCOTT BUSCHER stated that he has seen them go up year after year and he thinks a
               larger industrial tax base helping to fill some of the tax rolls, would put less pressure
               on the further escalation of those taxes.

               Councilmember Segale stated he agrees with the goal of Council to increase
               Shawnee's industrial base. He said he thinks that tax abatement is the wrong way to
               go about it. He noted in the Kansas City metropolitan area, Shawnee is one of the
               top ten, as far as property tax rates, making Shawnee very competitive. He indicated
               that ProSoCo is a company that has made long term commitments to the community,
               and part of being a good citizen is paying taxes. He asked if SCOTT BUSCHER
               knew what ProSoCo revenues were for 1996.

               SCOTT BUSCHER stated no.

               Councilmember Segale stated the revenues in 1996 for ProSoCo were $13.5 million.
               He said this tax abatement is a little bit more than $160,000, 1% paid in revenues for
               additional taxes. He noted ProSoCo would choose Shawnee because of the location,
               work force quality, and school system. He said the company would not go out of
               business or be scared off from Shawnee if they did not receive the $160,000 tax
               break. He said that the company is in it for the long haul and not the gimmick tax
               break.
PAGE 12                     CITY COUNCIL MINUTES                                     JUNE 9, 1997

          SCOTT BUSCHER stated the money that would be saved in terms of the taxes that
          the abatement would offer ProSoCo, would be filtered back into the infrastructure
          providing for the various safety factors that have been debated. He has been told that
          their tax bill would increase six fold from what it is currently in Kansas City, Kansas.

          Councilmember Segale stated that Kansas City, Kansas taxes are a lot higher than
          Shawnee's.

          TRACY THOMAS, 13022 W. 76th Terr., stated that initially she heard that there had
          been a lot of lobbying by the Church that was nearby the site. She said she is
          nervous about churches lobbying. She said the IRS says that any organization that
          has a 501C(3) exemption that attempts to influence legislation would have their tax
          exempt status pulled. She noted that sometimes when people get involved and
          committed, they may step over the bounds. She indicated some of the testimony and
          arguments were a little bit over the top. She stated that Council is not here to vote on
          whether Shawnee should have tax abatement; Shawnee already has tax abatement
          and there is a plan. She said Shawnee is going to build the business base up from
          19% to 30%, and then tax abatements would be shut off. She indicated if that is not
          Shawnee's plan it could be changed. She noted that some of the Councilmembers
          have a different vision from the policy and they vote based on their vision for the
          future. She stated Council is not there to debate whether Shawnee should have tax
          abatement. She said she came to support Council because they were having to vote
          on something tough. She indicated that the toughest votes that Council would ever
          make are the unpopular ones, and the easiest thing to do would be to count how
          many people are in the seats and vote for what those people wanted. She stated
          Council was elected to honor their oath of office which is to support the laws of
          Shawnee and the policies as they exist. She thanked Council for what they do as
          elected officials and for making the tough decisions.

          Councilmember Segale stated that he ran for Council three times on the issue of no
          tax abatements. He said his seat has been validated by the fact that people in Ward 1
          voted for him and said they did not want tax abatements. He noted as a
          Councilmember he could change the policy and decide not to vote for tax abatements
          if he thinks it is wrong. He indicated that he disagrees with Shawnee's policy. He
          stated if Shawnee's policy was based on some business need for a tax abatement (e.g.
          taxes too high, poor work force, higher development cost, or bad location) he would
          be for tax abatement because those are rational reasons. He noted all over the State
          of Kansas, the operating principle is simply greed. He stated he would not
          participate in that and that is his whole reason for opposing tax abatements for the
          last two years. He said he is not going to vote for it because he disagrees with the
          policy.

          TRACY THOMAS stated that this is an inappropriate forum for Councilmember
          Segale to take up his crusade about tax abatement. She said he should bring the issue
          of changing the policy up before a committee. She noted that ProSoCo was there to
          apply for the tax abatement and Shawnee's integrity is on the line.
JUNE 9, 1997                     CITY COUNCIL MINUTES                                        PAGE 13

               ROGER SELLERS, 11910 W. 70th Terr., stated he has always been against 100%
               tax abatements and he thinks 50% tax abatements are an unnecessary evil. He noted
               that Shawnee is going to have to live with it until everyone quits doing it. He said he
               is in favor of ProSoCo moving to Shawnee. He noted that chemicals on the
               hazardous materials list include chlorine and chlorine powder which are in Shawnee's
               swimming pools by the tons, and that is a lot higher on the hazardous materials list
               than anything ProSoCo has.

               CARROLL FLANNERY, 5524 Pflumm Road, congratulated Councilmember Segale
               for standing up for his convictions. He said he was there to oppose ProSoCo coming
               to Shawnee and he represents several people that had called him. He asked Council
               to vote no on this item.

               RANDALL ROBINSON stated he wanted to clear up the word misinformation. He
               said a charge has been lodged against a church and a church depends on its ability to
               ensure people that truth could be found there. He asked what misinformation was
               promoted by his church. He indicated that he agrees that tax abatement is not
               necessary in this case. He noted that the new site that ProSoCo proposes is closer to
               him than it was before and many more homes at the same time. He stated that
               politicians are sometimes called to make difficult decisions which are not supported
               by the public, but there should be an ethical reason higher than public sentiment. He
               asked Council to find a higher ethical or moral reason for placing ProSoCo in
               Shawnee. He asked if the Governing Body received calls when the Simmons
               Company came in.

               Mayor Allen stated none that he was aware of.

               RANDALL ROBINSON stated he believes other companies will come to both of
               these sites within six months. He said he was from southeast Texas and grew up
               around chemical refineries and plants. He indicated that he is not convinced that
               ProSoCo is one of those ultra safe companies. He said they had received information
               from the local Emergency Planning Commission of Johnson County prior to
               knowing ProSoCo was attempting to seek tax abatement in Shawnee. He noted that
               they had held a seminar for day care providers and they recommended anyone within
               proximity, along with fire and tornado drills, provide face masks, cover all the
               windows with plastic, install switches to shut down all ventilation systems
               immediately, and in the case of a spill, to go to the room in the very center of the
               facility and take wet cloths and place them inside the masks before putting the masks
               on their heads. He stated he did not want to live under that sort of threat.

               Councilmember Truitt stated she could assure RANDALL ROBINSON that Council
               would not allow anything into the City where they would have to use those materials.

               RANDALL ROBINSON stated the local Emergency Planning Commission of
               Johnson County now only makes recommendations, but their center could soon
               possibly be required by state mandates to follow these recommendations.
PAGE 14                     CITY COUNCIL MINUTES                                    JUNE 9, 1997

          Councilmember Truitt stated that probably has nothing to do with this situation. She
          said the Fire Department has assured her that this degree would not occur.

          BRENDA STAGGS, Belmont, Lenexa, stated she has an oxygen tank because she
          has asthma and she lives about a 1/2 mile from the new proposed site. She said if the
          only emissions ProSoCo has are within EPA standards, it would still have a strong
          odor and that bothers her. She indicated that if ProSoCo locates at that site, she will
          probably have to move because she could die and does wear those masks quite often.

          PATRICK MCGREAL, Lab Manager, ProSoCo, stated he has worked there for
          seven years and he does not have experience working for a chemical company like
          RANDALL ROBINSON described. He said he works for a chemical blender and
          they do not manufacture chemicals; they are nothing like the industry in the Texas
          area. He noted the Trinity Consultants that were hired by ProSoCo did model and
          were specific to point out the models that they ran did not include any containment
          from the building. He indicated they were modeled as if the building did not exist
          because the building does not currently exist. He stated they had pointed out that it
          would be the same as if they took the material and dumped it in the middle of a field
          in a big pond. He said the results of those were under 127 feet was the 1/10 level
          that would be immediately dangerous to life and health. He noted at that level they
          speculated that the worst affects suffered would possibly be irritated eyes. He
          indicated that BRENDA STAGGS would not be exposed to the chemicals she is
          concerned with because they would not be processing it at that site. He stated that is
          the main reason they would be continuing to use their facility in Kansas City, Kansas.
          He indicated that hydrochloric acid in the liquid form in which they use it is
          considered a corrosive chemical for shipment and use. He stated there is a major
          difference between the degree of hazard posed by a toxic chemical versus a
          hazardous chemical. He noted that hydrochloric acid is regularly encountered by
          probably almost everyone on a daily basis.

          GINEVERA MOORE stated Trinity Consultants' modeling was different from their
          modeling. She said that Trinity Consultants' modeling looked at what would happen
          to a spill at the facility and their modeling looked at what would happen to a spill
          outside the facility.

          PATRICK MCGREAL stated their conclusion was the accident and release of
          hydrochloric acids from the proposed ProSoCo facility would not have an adverse
          impact on the public. He said the toxic endpoints modeled are close to ProSoCo,
          many within the fence line of the proposed facility.

          Councilmember Meyers stated he thinks on this particular topic PATRICK
          MCGREAL'S comments are accurate.

          Mayor Allen stated there was a disagreement between the two reports.

          Councilmember Severance stated he is not in favor of the rate at which the City of
          Shawnee is awarding tax abatements. He said this issue is different because the more
JUNE 9, 1997                     CITY COUNCIL MINUTES                                         PAGE 15

               he learns about it, the harder the decision is and this is a no-win situation. He noted
               that ProSoCo is not the devil. He said the misinformation that he was thinking about
               was in a flyer that went out and said ProSoCo was a chemical manufacturing plant,
               (which he stated it is not, it is a chemical mixing plant), that tax abatements would be
               in the neighborhood of $14,000-$15,000, and the value of the property. He indicated
               that when ProSoCo was trying to hand out flyers to get their point across, someone
               was coming behind ripping the flyers up, and in his opinion that is a double standard.
               He noted the residents have legitimate concerns about what is going on here. He
               indicated that the people opposed to this abatement need to be fully aware of the fact
               that with or without the tax abatement, a month from now, ProSoCo could break
               ground and put the exact same building there. He stated the consequence of voting
               against this is there would be fewer jobs and less taxes collected. He said the other
               consequence is Shawnee would have a neighbor for life. He stated that ProSoCo has
               been in Kansas City for 59 years and there is no doubt in his mind that they would be
               in the next place they choose for another 59 years. He noted if they were going to do
               this they want to do it right. He stated that Council should keep in mind when
               making their decision that this is something that is going to be permanent. He
               indicated that is why he does not believe they should grant an abatement to a project
               that is so firmly situated in a gray area.

               RANDALL ROBINSON stated that they were not after ProSoCo; they are after
               careful development.

               Councilmember Breitenstein stated she takes a proactive stance on tax abatements
               and she felt that ProSoCo did meet the financial incentive policy that Shawnee has.
               She said that she was hopeful with a site change there would be some more openness
               on the part of the public, but she did not sense that at all. She noted that she feels
               there has been misinformation published about this company. She indicated that all
               the Councilmembers have spent a number of hours looking at ProSoCo's operations.
               She stated she has petitioned EPA files and is convinced that there is not a safety
               concern with ProSoCo. She said Council does not have community support nor
               could get it regardless of the location for this company. She noted that she hears
               people say they could live with the industrial park, and she also hears people use
               ProSoCo as an excuse not to have additional industry come into that area. She said
               the property is zoned Planned Industrial and it would continue to develop as
               industrial and in certain cases the City would be offering tax abatements to
               companies to come to those parks.

               TOM ZARDA, 6770 Mize Road, stated ZZR Partnership owns both Perimeter Park
               and K-7 Industrial Park. He said the dedication and professionalism that the
               Governing Body has shown should be commended because they sought out the
               information regarding ProSoCo, and from the citizens with an open mind and spent
               many hours in their research. He said he would like nothing more than if there
               would be no tax abatement, but Shawnee has to have it if it intends to be on a level
               playing field with the other communities. He noted that other businesses would be
               looking at what happened in this situation and the phone would stop ringing. He
               indicated that Shawnee industrial growth will stop. He stated that he has already
PAGE 16                        CITY COUNCIL MINUTES                                    JUNE 9, 1997

              received a call from one company that told him that they would not be coming to
              Shawnee because of the inaccuracies and crucifixion of ProSoCo. He said ProSoCo
              is willing to make more change and sacrifice by changing their original site which
              would result in spending more money. He noted that ZZR Partnership believes they
              would be good citizens to Shawnee and the business community. He said he hoped
              that this project would go forward with the tax abatement.

              Councilmember Snell stated sometimes emotion can overtake factual information.
              He said it is obvious that emotion is affecting Council's filters and they are talking
              about tax abatements. He indicated that he observed ProSoCo employees walking
              door to door and noted that this is a family oriented business. He said he did not
              believe people were attacking the company, but attacking the word chemical. He
              indicated that Council should filter through that emotion when they take their vote
              and find that the facts are that this is a sound and safe organization. He stated he
              thinks it would be wrong to deny this applicant the financial incentives.

              Councilmember Segale stated that there had been a lot of hysteria surrounding the
              word chemical. He said he thinks ProSoCo is a safe company. He indicated if he
              could be shown business reasons why a tax abatement is justifiable, he would
              probably vote for it in this case. He noted that he has not been shown any of those
              reasons and he does not believe there are any. He stated he wished all the people
              present were against the tax abatement instead of the word chemical.

              Councilmember Severance, seconded by Councilmember Segale, moved to deny the
              financial incentives for ProSoCo, Inc., for a 50% real property tax abatement for ten
              (10) years, for a 12 acre site in the K-7 Industrial Park located at K-7 Highway and
              79th Street. The motion carried 5-3, with Councilmembers Douglas, Severance,
              Breitenstein, Meyers, and Segale voting “aye”, and Councilmembers Snell, Goode,
              and Truitt voting “nay.”

Councilmember Truitt, seconded by Councilmember Snell, moved to take a ten minute break. The
motion carried 8-0, and the meeting recessed at 10:22 p.m. Upon return, Mayor Allen called the
meeting to order at 10:35 p.m.

PUBLIC ITEMS

7.     CONSIDER PET PERMIT APPLICATION FROM MONICA PIERSON.

       Mayor Allen stated that Monica Pierson, 20902 W. 63rd Terrace, is requesting approval of a
       pet permit to keep five (5) dogs; three (3) Yorkshire Terriers, one (1) Collie and one (1)
       Shepherd Mix; and five (5) domestic short hair cats.

       Councilmember Truitt stated that there is a question of two cats running at large which is
       against City ordinances. She said that she would approve this item if the applicant could
       guarantee that the cats would not be outside. She noted that the Animal Control Officer
       expressed concern regarding the cats. She indicated that she would like to have as a
JUNE 9, 1997                    CITY COUNCIL MINUTES                                         PAGE 17

       condition of approval that the two cats in question be kept within the residence as opposed to
       within the back yard.

       City Clerk/Human Resources Director Hodges stated that Animal Control expressed concern
       and did not recommend approval of this item. She said the Animal Control Officer
       specifically stated the only reason for failure to recommend approval was because two of the
       five cats were identified by the applicant as being outdoor pets. She indicated that Animal
       Control attempted to contact the applicant on several occasions and calls were not returned.
       She stated once Animal Control was able to contact the applicant, they indicated that they
       would not be recommending approval based on the fact that two of the cats were kept in the
       back yard and that the applicant could not sufficiently confine those animals to the premises.

       Councilmember Meyers stated that if the City received complaints, Animal Control should
       be called and the person would be cited. He said if Council feels that the applicant is mis-
       using the permit it could be brought back to a City Council meeting and Council could
       revoke the permit.

       Councilmember Douglas asked if the surrounding neighbors approved of this permit.

       City Clerk/Human Resources Director Hodges stated all of the neighbors consented to the
       application.

       Councilmember Meyers, seconded by Councilmember Douglas, moved to approve a pet
       permit for Monica Pierson to keep the five (5) dogs; three (3) Yorkshire Terriers, one (1)
       Collie and one (1) Shepherd Mix; and five (5) domestic short hair cats listed on the special
       pet permit application at 20902 W. 63rd Terrace, with the pet permit expiring December 31,
       1997. The motion carried 7-1, with Councilmembers Segale, Meyers, Goode, Breitenstein,
       Severance, Snell and Douglas voting “aye”, and Councilmember Truitt voting “nay.”

8.     CONSIDER THE FOLLOWING ITEMS FROM THE PLANNING COMMISSION
       MEETING OF MAY 19, 1997.

       a)      Consider Request to Rezone from Residential Estates to Residential Suburban,
               Resurvey of Greenwood.

               Mayor Allen stated that the Planning Commission recommended 10-0 that the
               Council approve Z-11-97-5, rezoning from RE (Residential Estates) to RS
               (Residential Suburban) to allow a lot split for one additional residence on Lot 18,
               resurvey of Greenwood, at 7017 Bell Road.

               Councilmember Goode, seconded by Councilmember Truitt, moved to approve Z-
               11-97-5, rezoning from RE (Residential Estates) to RS (Residential Suburban) to
               allow a lot split for one additional residence on Lot 18, resurvey of Greenwood, at
               7017 Bell Road, subject to the following conditions:

               1.     The applicant shall provide staff with a recorded copy of the lot split prior to
                      issuance of a building permit on the newly created lot;
PAGE 18                     CITY COUNCIL MINUTES                                     JUNE 9, 1997



           2.     The applicant obtain a permit for the septic system from the Johnson County
                  Environmental Department prior to issuance of a building permit;

           3.     The applicant improve that portion of the road ditch lying adjacent to the
                  newly created lot;

           4.     The applicant shall obtain a Right-of-Way Work Permit prior to construction
                  of any new driveway;

           5.     Payment of the $250 Stormwater Detention Fee to the Engineering Division
                  prior to issuance of a building permit for the newly created lot;

           6.     Payment of the $200 Open Space fee at the time a building permit is issued;
                  and

           7.     The applicant shall provide adequate erosion control measures, to be
                  approved by the City Engineer, during construction of a residence on the lot.

           The motion carried 8-0. Having passed, Ordinance 2326 was assigned.

9.    CONSIDER THE FOLLOWING ITEMS FROM THE PLANNING COMMISSION
      MEETING OF JUNE 2, 1997.

      a)   Consider Final Plat of Millwood Ridge.

           Mayor Allen stated that the Planning Commission recommended 8-0 that the Council
           approve FP-23-97-5, final plat of Millwood Ridge for seven (7) residential lots for
           the development of duplexes at 52nd and Woodland.

           Councilmember Goode, seconded by Councilmember Truitt, moved to approve FP-
           23-97-5, final plat of Millwood Ridge for seven (7) residential lots for the
           development of duplexes at 52nd and Woodland, subject to the following conditions:

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

           2.     Payment of the Open Space fee in a lump sum amount of $2,400 prior to
                  recording of the plat or on a per-unit basis of $200 prior to issuance of
                  building permits;

           3.     The applicant shall submit a Covenant of Non-Opposition, with the necessary
                  filing fee, to the creation of a benefit district for the permanent improvement
                  of Woodland Drive;

           4.     The number of driveway entrances be limited to no more than one per lot;
JUNE 9, 1997                    CITY COUNCIL MINUTES                                         PAGE 19

               5.     Driveways be constructed with an adequate turnaround area to prevent
                      vehicles backing onto Woodland Drive. A sample driveway plan shall be
                      submitted to the Planning Department prior to issuance of any building
                      permits;

               6.     Improvements be made to the road ditch adjoining the site as specified in the
                      staff report;

               7.     Proposed driveway entrances and culverts be designed and built to City
                      standards, and all applicable permits be obtained prior to commencing
                      construction;

               8.     Stormwater detention requirements be satisfied through one of the methods
                      outlined in the staff report;

               9.     The developer      provide   adequate   erosion   control   measures    during
                      construction;

               10.    All utilities shall be placed underground, with junction boxes located within
                      side and rear yards only;

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

               12.    A computation plat shall be submitted with the recording copies of the final
                      plat; and

               13.    Two (2) copies of the revised final plat be submitted to the Planning Department
                      along with the recording plats for the subdivision.

               The motion carried 8-0.

10.    CONSIDER SIGN VARIANCE REQUEST FOR COMMERCE BANK.

       Mayor Allen stated this item is to consider sign variances for Commerce Bank, 11100
       Shawnee Mission Parkway and 13501 Shawnee Mission Parkway to allow existing roof
       signs to remain.

       Planning Director Chaffee stated that the applicant requests sign variances to allow existing
       roof-mounted, revolving time and temperature signs to remain at two of the bank's locations.
       He said that the subject properties are the Shawnee State Bank located at 11100 Shawnee
       Mission Parkway (the northeast corner of Shawnee Mission Parkway and Nieman Road),
       and the branch at 13501 Shawnee Mission Parkway (the southwest corner of Shawnee
       Mission Parkway and Pflumm Road). He noted that the Shawnee State Bank is currently
       merging with Commerce Bank and is in the process of having the existing signage for all
       locations changed. He indicated that a letter from the applicant indicates that the existing
PAGE 20                         CITY COUNCIL MINUTES                                     JUNE 9, 1997

      time and temperature signs were constructed with the buildings and are an integral part of
      the structures.

      Planning Director Chaffee stated that Section 17.59.100 (3) of the Sign Ordinance provides
      that the Governing Body may allow an existing sign that does not conform to current
      standards to remain by designating it as a "landmark" sign. He said that the existing sign at
      the Nieman branch is primarily black in color, and the sign at Pflumm is dark bronze. He
      noted that white routed lettering is on the sign faces, and red illuminated characters flash the
      time and temperature. He indicated that the applicant is proposing to replace the sign face
      with a green flex material, typical of the Commerce Bank locations elsewhere in the
      metropolitan area. He stated the revolving sign at Nieman and Johnson Drive will no longer
      be on the bank and the pole sign.

      Councilmember Goode, seconded by Councilmember Snell, moved to approve S-68-97-6
      and S-69-97-6, sign variances for Commerce Bank, 11100 Shawnee Mission Parkway and
      13501 Shawnee Mission Parkway to allow existing roof signs to remain, subject to the
      following condition:

      1.     The applicant shall obtain a sign permit for each sign prior to changing the sign
             faces.

      The motion carried 8-0.

11.   CONSIDER SIGN VARIANCE REQUEST FOR HALLMARK EXPRESSIONS.

      Mayor Allen stated that this item is to consider a sign variance for Hallmark Expressions at
      Westbrooke Village Shopping Center.

      Planning Director Chaffee stated that the applicant requests approval of a sign variance
      regarding new signage proposed to be placed at Hallmark Expressions in Westbrooke
      Village Shopping Center. He said that the applicant proposes to move the signage off the
      bronze sign band location, and place it on the brick area above the sign band provided at the
      shopping center. He indicated that this is requested because of the unique script of the
      "Hallmark" lettering, and the desired placement of two red ribbons adjacent to the Hallmark
      name indicating a "Gold Crown" Store. He noted that no variance will be required for the
      red ribbons since the approved sign scheme for Westbrooke Village allows red or green as
      an accent color, and the wording inside the ribbons is white in color.

      Planning Director Chaffee stated that the applicant is also requesting a variance to the
      approved sign scheme to allow placement of yellow lettering for the Hallmark name. He
      said that the approved sign scheme calls for the use of white lettering. He indicated that this
      is part of a re-signage program for stores that are being renovated. He said that as in the
      case at Naomi's Hallmark in Ten Quivira Plaza, the use of gold lettering in the window area
      is allowed. He noted that in the past the City Council has been consistent in keeping the
      requirement for the use of white faces on the business signs at Westbrooke Village, and on
      several occasions has denied variances from this standard. He stated that most recently a
      request was denied for the national firm Music Go Round. He said several other businesses
JUNE 9, 1997                    CITY COUNCIL MINUTES                                        PAGE 21

       such as Simmons Mattress declined to request a variance given the past determinations by
       the Council. He noted that Council has approved a variance for Danny O'Quigleys to allow
       the sign to be lit with green neon behind the white faces to encourage the success of a
       restaurant in a location where several had failed before, and the color of the signage matched
       the approved accent colors. He stated should the City Council grant the variance request,
       the applicant shall obtain a sign permit prior to installation of the signs.

       Councilmember Truitt stated this sign is new and fresh for one of the most profitable
       businesses in the shopping center

       Councilmember Douglas stated this shop is brand new and has been taken over by a new
       owner. She said her concern is putting this on the brick. She said that they should stay
       within the banded area and be tougher with the regulations within that shopping center.

       Councilmember Meyers stated that Council has denied other requests and if Council allowed
       this request to take place, they would be flip-flopping on their previous determinations to
       keep the regulations as they have been stated from the beginning. He said that Council
       would eventually be seeing other requests.

       JERRY ESFELDS, Senior Construction Engineer, Hallmark Cards, stated that they would
       like to keep it down there, but the round awning that goes across the sign band limits them to
       a space lengthwise. He said if they took a sign and tried to fit it down, to keep the
       proportions the same, the 'H' in Hallmark would come down to 16 inches putting the 'a' in
       Hallmark down to 5 inches. He noted that there needs to be clearance between the neon
       tubing and the channel metal of the sign to keep it from arcing across when a channel metal
       sign is made. He indicated they need 4 inches minimum between the two. He stated if they
       bring it down and crunch it into the space that is left on a sign band, there is no opening in
       the 'a', and a blob is what they would end up with to keep the proportions.

       Councilmember Douglas asked if they could have it up over the top of it by extending the
       back lettering so it would be across the band, but hanging over a little bit on either side.

       JERRY ESFELDS stated they could have it hanging over the band, but their problem is the
       length. He said there is an elevation change where they are limited between the awning and
       that in terms of length. He indicated that keeping the proportion of the ribbons with the
       Hallmark in the middle is their situation.

       Councilmember Snell stated that he would support the variance because there are
       circumstances that make this site unique. He said some of the shops are tucked away in the
       shopping center making it difficult for clients because of the signage. He indicated that this
       is a crisp and appealing sign and would not be a deterrent to the center.

       JERRY ESFELDS stated this is a sign program that they are applying across the nation.

       BOB JEPSON, Marketing General Manager, Hallmark, stated they had launched this
       program on September 6, 1996, and the first sign installed was at Independence Center. He
       said since that date they have installed about 500 signs across the country. He indicated they
PAGE 22                        CITY COUNCIL MINUTES                                   JUNE 9, 1997

      expect to have 3,500 accounts by the year 2000, with this type of trademark sign that
      identifies their premiere shops around the country.

      Councilmember Goode asked if the signs were uniform and the same size.

      BOB JEPSON stated the signs are all uniform.

      JERRY ESFELDS stated they are heavily advertising that sign.

      Councilmember Meyers stated Council wanted to keep the color scheme in Westbrooke
      Shopping Center the same, and he wants to be consistent with that.

      Councilmember Truitt, seconded by Councilmember Goode, moved to approve S-50-97-6,
      sign variance for Hallmark Expressions at Westbrooke Village Shopping Center to place
      signage on the brick area above the sign band and to use yellow letters instead of white for
      the Hallmark name. The motion failed 3-5, with Councilmembers Snell, Goode, and Truitt
      voting “aye”, and Councilmembers Douglas, Severance, Breitenstein, Meyers, and Segale
      voting “nay.”

      Mayor Allen stated he had a conflict of interest on item 12 and turned the chair over to
      Council President Meyers for consideration.

12.   CONSIDER THE FOLLOWING ITEMS FROM THE PLANNING COMMISSION
      MEETING OF MAY 5, 1997.

      g)     Consider Request to Rezone from Agricultural to Single Family Residential and
             Preliminary and Final Plats for Oakmont, 4th Plat.

             Council President Meyers stated that this item was tabled at the May 27, 1997, City
             Council meeting. He said that the Planning Commission recommended 8-0 that the
             Council approve Z-10-97-4, PrePlat-15-97-4 and FP-16-97-4 for Oakmont, 4th Plat.

             Planning Director Chaffee stated that the applicant, the applicant's engineer, and
             representatives of the Engineering and Planning staff met on May 30, 1997, to review
             drainage issues regarding Oakmont subdivision raised at the May 27, 1997 meeting.
             He said that a review was made of existing conditions in the City's parkland to the
             north of the 1st Plat of Oakmont, and stormwater collection systems that are in place
             in Oakmont subdivision. He noted that portions of the parkland are extremely flat
             and have served as a drainageway prior to any development in the area. He indicated
             that the area to the north drains into a creek on the south side of Frenchman's Creek
             subdivision. He stated that the City Engineer did not observe erosion along the creek
             bank. He said that vegetation is keeping the banks in place. He indicated that it was
             noted in the past that there were some low spots where water stands for a period of
             time after a rain, but these areas do dry and are not permanently wet. He noted that
             the low areas are the natural lay of the open space.
JUNE 9, 1997                     CITY COUNCIL MINUTES                                         PAGE 23

               Planning Director Chaffee stated that to assist in the determination of methods to
               remediate any drainage problems, the developer's engineer agreed to survey the
               parkland area at his expense. He said that the developer has offered to fill any low
               areas that would have been filled if grading had been completed per grading plans
               approved by the Engineering Division. He noted that the applicant's engineer had not
               completed the field work as of June 6, 1997, and as of that afternoon after he visited
               with the Engineer, it still had not been completed, but there had been hope that
               completion of the work would occur by June 9, 1997 for review by the Engineering
               Division prior to the Council meeting.

               Planning Director Chaffee said that further review of Oakmont 4th Plat by the
               Engineering Division indicated that three of the 7.88 acres in the plat drain to the
               west. He noted that calculations provided for review will indicate if there are any
               inadequacies within 1,000 feet downstream. He indicated if there are any
               inadequacies within 1,000 feet downstream, the applicant will have to correct the
               inadequacies and pay the stormwater detention fee of $250 per lot.

               Councilmember Breitenstein asked if the area that currently has problems with
               ponding would increase in size with the development of this 4th Plat.

               Planning Director Chaffee stated the survey work has not been completed.

               Councilmember Breitenstein asked what the plan would be if it does increase in size.

               Planning Director Chaffee stated the developer has agreed to fill the natural low
               spots that are in the park area for the City as determined by his engineer and the City
               Engineer doing the survey work. He said if there are any inadequacies within 1,000
               feet downstream, he would have to correct any other inadequacies that may show up
               and pay the stormwater detention fee. He noted that the developer's other option is to
               provide on-site detention from Oakmont 4th Plat and the release rate could be no
               greater than what currently goes through the creek at that time.

               Councilmember Breitenstein stated if the off-site detention is put in, they would not
               expect that area to increase in size.

               Planning Director Chaffee stated that is correct.

               TOM RICH, 4904 Roundtree, indicated that he had two letters from residents
               concerning the drainage in the existing area. He said it seems as if over the past 6-8
               weeks this has come down to Dick Hoelting and him and that is not the way it is. He
               stated the problem is the drainage in the Oakmont subdivision. He noted the
               developer should not go on with the 4th Plat because the problems have not been
               taken care of.

               TOM RICH read the letter written by James Ferris, 22105 W. 49th Terr.: "I would
               like the City to take the aerial photo of before and after development, overlay the plat
               to look at what has occurred with development with regard to drainage. Now also
PAGE 24                     CITY COUNCIL MINUTES                                     JUNE 9, 1997

          look at what has happened to trees with the before and after. You will note that
          several very large trees have been killed due to the improper or poor land clearing by
          the developer or builder. Note also that with the drainage, the volumes of water that
          flows over many lots, plat 25 and 26, will always be the same. The problem is that
          the land still holds water weeks after an average rainfall. If the new phase is
          developed, will not even more water run in the creek in our back yard and the Rich's
          back yard?"

          TOM RICH read the letter written by Jeff Ford, 4920 Roundtree: "I apologize for
          leaving before the rezoning of Oakmont came to the floor, but I had some parental
          duties that I had to leave for. My two neighbors, one to the west, one to the east, got
          together and solved our drainage problem. We were fortunate in that we worked out
          a deal with Dick Hoelting. He provided the dirt and most of the pipe while we rented
          the backhoe and put in three days of hard labor to dig a french drain so we could use
          our back yards. The back yard we paid a premium price for. We should not have
          had to do this, Hoelting should have done it all, but we did not want to go through
          what my neighbors are going through. These developers must be held responsible
          for their actions. They are reaping huge profits. My lot cost $27,000, three years
          ago. I am asking that you deny the 4th Plat of the Oakmont subdivision until the
          Hoeltings take care of the first 3 plats. I also want to remind you that the run-off of
          this 4th Plat will drain down to the 1st Plat causing even more drainage problems."

          Councilmember Breitenstein stated that Ferris is one of the homeowners that the
          engineering reports said had been satisfied and taken care of, but obviously not. She
          said some of the justification for moving forward on this, the last time, was that these
          issues had been resolved, but they are not resolved.

          TOM RICH presented photographs to Council that had been taken before the
          drainage was put in at the Ferris home.

          JEREL WRIGHT, 4924 Roundtree, stated he was one of the home owners that the
          letter referred to that had taken care of their problems with the assistance from Dick
          Hoelting. He said that occurred almost two years ago. He noted the problem that
          exists currently has existed for that entire period of time. He indicated these
          problems could have been solved many months ago, but were not.

          Councilmember Douglas stated she has a problem approving the 4th Plat without
          seeing the engineer’s report to know what the water flow is going to be in this area.

          Councilmember Snell asked Planning Director Chaffee if he had said that if there are
          downstream effects, that the applicant has agreed to address those.

          Planning Director Chaffee stated the applicant has agreed to fill in the natural low
          spots in the parkland area that come through on the survey.

          Councilmember Snell asked if this is meeting the City's requirement for approval of a
          site plan.
JUNE 9, 1997                     CITY COUNCIL MINUTES                                         PAGE 25



               Planning Director Chaffee stated the developer would have to meet one of the two
               stormwater detention requirements.

               Councilmember Snell stated developers are heroes in the first two months into
               building a house and a year later they are zeros. He said this is an issue that could
               occur anywhere in Johnson County or America and it has to be worked out. He
               indicated that he is worried about Council being a judge and holding up progress
               based on what goes on between a developer and a homeowner.

               Councilmember Breitenstein asked whose responsibility is it if they meet the
               detention criteria yet there are drainage problems within the subdivision. She said
               the City has paid for individual lot drainage problems to be fixed through the
               stormwater management funds.

               City Engineer Wesselschmidt stated he discovered in talking with residents around
               the area of 4920 and 4924 Roundtree, before they put in the houses there was not a
               drainage problem. He said sometimes when foundations are dug, underground
               springs occur and sump pumps are installed. He noted that they pump the water up
               to the surface and during wet periods when houses are close together that creates a
               drainage problem. He indicated he considers that a subsurface drainage problem and
               not a surface drainage problem.

               Councilmember Breitenstein asked if this is being caused by subsurface water.

               City Engineer Wesselschmidt stated the sump pumps pump from out of the ground
               around the foundations and put the water onto the surface, but the drainage originates
               from underground. He said before the lots were in there, it met the criteria as far as
               the number of drainage inlets needed in certain locations. He noted that according to
               Mr. Ferris' letter, he was not referring to anything in his lot; he was referring to the
               park ground and grading of trees.

               TOM RICH stated that Mr. Ferris was not referring to City property. He said it was
               brought up at the last City Council meeting that his property and a neighbor's
               property had not been graded according to the specifications that were brought to the
               City in the beginning. He indicated that this is not from sump pumps.

               Councilmember Segale asked where would the water travel if they did not have on-
               site detention.

               City Engineer Wesselschmidt stated on the 4th Plat the majority of the lots drain off
               to the southeast and there are about three acres that would drain. He said if the
               developers provide on-site stormwater detention for the three acres, the detention
               would hold that water back and it would drain across. He noted that if it is
               determined that these additional three acres would not cause flooding over
               Monticello Road or flood any homes downstream; they could pay the fee in lieu of
               detention and that water would still drain in that direction.
PAGE 26                     CITY COUNCIL MINUTES                                     JUNE 9, 1997



          Councilmember Segale asked if there would be a stormsewer on the road that they
          would be constructing. He asked where the ridge line is.

          City Engineer Wesselschmidt stated that there is a stormsewer system underneath
          Monticello Road and the drainage would be tied into the cross road culvert.

          Councilmember Segale asked if there is an agreement for soil being filled in if these
          problems are found as long as there is no movement of utilities.

          Councilmember Severance asked Mr. RICH if there is an agreement between him
          and the developer.

          TOM RICH stated there is no agreement.

          Councilmember Severance stated Mr. RICH's grading is not according to the plan
          that was submitted to the City.

          TOM RICH stated he has already taken care of it.

          Councilmember Severance stated that was at Mr. RICH's expense.

          TOM RICH stated that he paid for it because after three years he wanted to finally
          get it taken care of. He said that he had brought it to the Planning Commission and
          City Council meetings because he does not want to see it go into another phase and
          have it continue somewhere else.

          Councilmember Segale asked if survey work would be done and if there is an
          agreement to fill in some of the low spots.

          City Engineer Wesselschmidt stated in order to determine if stormwater detention is
          required, the developer's engineer will do cross sections across the park ground to
          determine pre-25 year storm levels and post-25 year storm levels. He said while they
          are doing the surveys they will be able to tell what areas are ponding behind Mr.
          RICH's home. He noted that a good portion of this area was disturbed bringing the
          fill in for his back yard and that has not been restored at this time. He indicated they
          are going to take a look at what water is pooling in that area and the developer said
          he would fill that area.

          JAMES LAMBETH, Project Engineer, Campbell, Barber, Lambeth and Associates,
          stated they are in agreement with the Engineering Division and they will run a
          drainage analysis down through the parkland area. He said if the increased run-off
          from the 4th Plat caused flooding problems, the developer would put in detention in
          the 4th Plat to keep the run-off water at the same rate as what it is currently
          undeveloped. He indicated that if there is no flooding problem from the increased
          run-off, the developer would pay the City a detention fee in lieu of detention. He
          noted that the developer has agreed to fill in the low areas in the parkland where
JUNE 9, 1997                    CITY COUNCIL MINUTES                                            PAGE 27

               there is water ponding. He stated the other problems are ground water problems, not
               surface water flooding problems which are what the ordinance relates to.

               Councilmember Goode, seconded by Councilmember Segale, moved to approve Z-
               10-97-4, rezoning from AG (Agricultural) to R-1 (Single Family Residential);
               PrePlat-15-97-4 and FP-16-97-4 for Oakmont, 4th Plat, for 25 single family lots at
               50th Street and Monticello Road, subject to the following conditions:

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

               2.     Payment of the required open space fee in a lump sum amount of $5,000 prior
                      to recording the plat or on a per-lot basis of $200 prior to issuance of building
                      permits;

               3.     Plantings within the landscape easement be installed as part of the public
                      improvements for the subdivision;

               4.     The applicant shall submit two (2) copies of the revised Homes Association
                      and Deed Restriction documents, incorporating these lots, for recording with
                      the final plat at the applicant's expense;

               5.     Stormwater Detention requirements be satisfied through one of the methods
                      outlined in the staff report, by provision of on-site detention, or the applicant
                      providing a letter by a registered engineer which indicates that no drainage
                      inadequacies exist within 1,000 feet downstream of the site, and paying a
                      detention fee of $250 per lot;

               6.     Preliminary street, street lighting and stormwater collection plans shall be
                      submitted to the City Engineer prior to submittal of the recording copies of
                      the final plat;

               7.     All public improvements shall be constructed in accordance with the City's
                      Technical Specifications and Design Criteria;

               8.     The applicant files a copy of the Environmental Protection Agency National
                      Pollutant Discharge Elimination System permit application with the
                      Engineering Division prior to issuance of a grading permit. The permit shall
                      be filed with the Engineering Division upon approval;

               9.     Erosion control measures shall be shown on the grading plans and undertaken
                      during construction;

               10.    Utility service boxes shall be located within rear and side yard areas;

               11.    All public improvements shall be fully bonded and constructed prior to the
                      issuance of any building permits, and all necessary work permits obtained
                      prior to commencing construction;
PAGE 28                     CITY COUNCIL MINUTES                                   JUNE 9, 1997



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

           13.    A computation plat shall be submitted with the recording copies of the final
                  plat.

           The motion carried 5-3, with Councilmembers, Meyers, Snell, Goode, Truitt and
           Segale voting “aye”, and Councilmembers Douglas, Severance, and Breitenstein
           voting “nay.” Having passed, Ordinance 2327 was assigned.


14.   CONSIDER THE FOLLOWING ITEMS FROM THE                                   FINANCE        &
      ADMINISTRATION COMMITTEE MEETING OF JUNE 3, 1997.

      a)   Trading Post Operations at Old Shawnee Town.

           Councilmember Douglas stated that the Committee recommended 4-0 that Council
           approve Option No. 3, consolidating into one location the administrative offices of
           the Museum Director, Education Specialist/Curator and docents.

           Councilmember Douglas, seconded by Councilmember Goode, moved to approve
           Option No. 3 for the future use of the Trading Post, consolidating into one location
           the administrative offices of the Museum Director, Education Specialist/Curator and
           docents; providing a collections area to work on the artifacts, prepare them for
           exhibit or provide storage for safe keeping for future exhibition; providing an
           educational area for lectures and films for the visitors; and providing a gift/shop
           control desk for visitors to Old Shawnee Town. The motion carried 8-0.

      b)   Times Solicitations are Allowed in the City Of Shawnee.

           Councilmember Douglas stated that the Committee recommended 4-0 that Council
           direct staff to prepare an ordinance amending the current soliciting ordinance.

           Councilmember Goode asked City Attorney Rainey if a Campfire girl comes to his
           home at 8:30 p.m., does he have to turn her in and get her arrested.

           City Attorney Rainey stated that would be prohibited. He said the ordinance would
           be valid and constitutional. He indicated that several years ago there were more
           problems with solicitations, lawsuits, and challenges throughout the nation over
           solicitation ordinances.

           Councilmember Douglas stated she would suggest investigating a "No Soliciting By
           Ordinance" sign for the City of Shawnee, making them available to residents through
           City Hall with a charge of $0.50 to cover the cost.
JUNE 9, 1997                     CITY COUNCIL MINUTES                                           PAGE 29

               Councilmember Meyers stated that the intent of this ordinance is to protect the
               citizens, not to take rights away from citizens. He said if Girl Scouts, Boy Scouts, or
               school organizations are made aware that this is the ordinance that is in effect, and
               they understand that they should not be soliciting after 8:00 p.m., they will abide by
               that. He noted this would help some of the situations that have arisen from people
               soliciting after 9:30 p.m. scaring people. He indicated in most situations a person
               would know the difference between a Girl Scout and someone that is quite a bit
               larger and scarier looking.

               Councilmember Douglas, seconded by Councilmember Severance, moved to direct
               staff to prepare an ordinance amending the current soliciting ordinance, limiting
               hours of solicitation from 10:00 a.m. to 8:00 p.m., prohibiting soliciting if a “No
               Solicitors” sign is posted, requiring solicitors to provide a written receipt if requested
               for sales over $5, and providing the name of the company, product, or organization at
               the outset, making it unlawful to solicit at other than the main entrance, making it
               unlawful to continue to solicit if asked to leave, and unlawful to restrict
               ingress/egress or increase traffic congestion, requiring the applicant to provide motor
               vehicle information if a motor vehicle is used in soliciting, limiting the number of
               times a solicitor may visit the same address to once every 30 days, making it
               unlawful to misrepresent the purpose of the solicitation and unlawful to solicit if the
               individual has been convicted of a felony, misdemeanor, or local violation involving
               force, moral turpitude, deceit, fraud or solicitation within five (5) years. The motion
               carried 8-0.

       c)      Targeted Industry List.

               Councilmember Douglas stated that the Committee recommended 4-0 that Council
               approve the targeted industry list.

               Councilmember Snell stated this will either be hard or easy, depending on whatever a
               person's viewpoint is, if a particular business or industry is or is not on this list. He
               said there are some areas that need to be looked at.

               City Manager Montague stated he thought the intent was to add drug manufacturers,
               pharmaceuticals, and software development.

               Mayor Allen stated there is some importance to this list because it could potentially
               eliminate the situation that occurred that evening.

               Councilmember Truitt stated that Council needed a retreat to have a long discussion
               regarding this list.

               Councilmember Douglas, seconded by Councilmember Goode, moved to table the
               discussion of the May 1997 targeted industry list, to the June 17, 1997 Public Works
               and Safety Committee meeting. The motion carried 8-0.

       d)      Funding $5,000 for the National League of Cities’ 1998 Conference.
PAGE 30                     CITY COUNCIL MINUTES                                    JUNE 9, 1997



           Councilmember Douglas stated that the Committee recommended 4-0 that Council
           approve the request to assist the National League of Cities Host Committee. She said
           they would need the money next year so it is not actually going to be put in the
           budget.

           Councilmember Douglas, seconded by Councilmember Goode, moved to approve
           the request to assist the National League of Cities Host Committee as follows: a) one
           elected official to serve on the steering committee; b) one staff person to serve on a
           planning committee; c) five associates to act as volunteers during the conference; and
           d) $5,000 in funding, which may be spread over two fiscal years. The motion carried
           8-0.

      e)   1998 Budget Work Sessions.

           Councilmember Douglas stated that the Committee recommended 4-0 that Council
           approve the 1998 Budget Work Sessions.

           Councilmember Meyers, seconded by Councilmember Severance, moved to approve
           the 1998 Budget Work Sessions: Tuesday, June 17, 1997, following the Public
           Works and Safety Committee meeting; Thursday, June 26, 1997, at 7:00 p.m.;
           Monday, June 30, 1997, at 7:00 p.m.; Tuesday, July 8, 1997, after the Finance &
           Administration Committee meeting; and Monday, July 14, 1997, 7:30 p.m.; establish
           total budget and approximate mill levy. The motion carried 8-0.

      f)   Salary Survey.

           Councilmember Douglas stated that the Committee recommended 4-0 to send this
           item to Council with no recommendation.

           Councilmember Severance asked City Clerk/Human Resources Director Hodges
           about the presentation using as an example the Planning Department Administrative
           Secretary position, asking if the chart means there is only one Administrative
           Secretary who would get a 5% increase.

           City Clerk/Human Resources Director Hodges stated within that department there is
           one Administrative Secretary. She said there are also other Administrative
           Secretaries assigned to other departments who would get the same market
           adjustment.

           Councilmember Severance asked if that would bring the City up to market rate, and
           during the next budgeting process, in addition to that, would they receive a merit
           increase.

           City Manager Montague stated that is correct.
JUNE 9, 1997                    CITY COUNCIL MINUTES                                        PAGE 31

               Councilmember Snell stated the City's best resource and asset is staff. He said if
               Council looked at the budget this would be approximately 1% and the City of
               Shawnee is not competitive with other cities. He indicated that he thought Council
               should take the step to support the community by supporting staff.

               Councilmember Severance stated this motion would give marching orders to staff in
               terms of developing the 1998 budget, but would not be an iron-clad approval. He
               cautioned staff that these adjustments were not being approved that evening. He
               indicated that if they clearly would not be able to make the budget that would be one
               area to look at. He stated he felt they should initially consider the increases with a
               January 1, 1998 effective date.

               Councilmember Breitenstein asked if City Manager Montague had any preliminary
               feel for the January 1, 1998 date, and did he know that they would not make the
               budget with that date.

               City Manager Montague stated staff did not have any numbers.

               Councilmember Goode asked if these adjustments are set for the beginning of the
               year as far as the percentage for each person.

               City Clerk/Human Resources Director Hodges stated that merit increases are spread
               throughout the year on employees' anniversary dates. She said market adjustments
               are given to everyone on the same date and that staff recommended as an alternative,
               if cost savings were an issue, that the market adjustment could be pushed back to an
               April 1, 1998 implementation date.

               Councilmember Snell, seconded by Councilmember Douglas, moved to direct staff
               to include funding for the market adjustments in the 1998 Budget effective January 1,
               1998, to be finalized at the budget hearings. The motion carried 8-0.

       g)      Having Members of the Shawnee Tomorrow Class participate in some of the
               Committee and/or City Council Meetings.

               Councilmember Douglas stated that the Committee recommended 4-0 that Council
               approve the involvement of the two students from Shawnee Mission Northwest for
               the Shawnee Tomorrow program, with continued involvement from Shawnee
               Mission Northwest, Shawnee Mission North, and DeSoto high schools.

               Councilmember Snell stated that there are not enough details and Council is voting
               that they want these schools to participate. He said he is concerned that there are
               other schools such as Bishop Miege, Maranatha Academy, and St. Thomas Aquinas
               that they do not want to leave out and that Council needs to develop some kind of
               program that is inclusive of all members of the community. He noted that they
               would be starting with Shawnee Mission Northwest; and asked what they would be
               doing.
PAGE 32                         CITY COUNCIL MINUTES                                    JUNE 9, 1997

              Councilmember Douglas stated the concept that Dr. Harrington and she discussed
              was the two students who would start out would be from Shawnee Mission
              Northwest only because they have been through the Shawnee Tomorrow program.
              She said those two students would be sitting through committee and council
              meetings. She noted it would be a commitment from the students and they would
              learn what government is all about. She indicated that they would take that
              information back to their school and speak with government classes and go out into
              the community with information they had acquired from the meetings.

              Councilmember Snell asked if they would just be attending the meetings.

              Councilmember Douglas stated at this point they would be. She said that she sees
              Council in the future using a combination of high school students. She noted that
              these students could come up with new and neat ideas. She indicated that this is an
              untapped resource that they have.

              Councilmember Severance stated a lot of these things were discussed at the June 3,
              1997 Finance and Administration Committee meeting. He said Council gave
              instruction to Dr. Harrington and others about the direction they wanted to go in with
              this program.

              Councilmember Segale, seconded by Councilmember Douglas, moved to approve
              the involvement of the two Shawnee Mission Northwest students who had completed
              the Shawnee Tomorrow program, with continued involvement from Shawnee
              Mission Northwest, Shawnee Mission North, and DeSoto high schools. The motion
              carried 8-0.

BUSINESS FROM THE FLOOR

There was no business from the floor.

STAFF ITEMS

15.    CONSIDER BIDS FOR IN-CAR VIDEO SYSTEMS FOR THE POLICE
       DEPARTMENT.

       Mayor Allen stated that bids were received on June 3, 1997, for in-car video systems for the
       Police Department. He said that staff recommends that Council award the bid to Kustom
       Signals, Inc., Lenexa, in the amount of $28,850.00.

       Councilmember Goode, seconded by Councilmember Truitt, moved to award the bid to
       Kustom Signals, Inc. in the amount of $28,850.00, for 5 in-car video systems for the Police
       Department, utilizing grant funding. The motion carried 8-0.

MISCELLANEOUS ITEMS
JUNE 9, 1997                    CITY COUNCIL MINUTES                                       PAGE 33

16.    CONSIDER APPROVAL OF SEMI-MONTHLY CLAIM FOR JUNE 9, 1997, IN
       THE AMOUNT OF $807,549.67.

       Councilmember Goode, seconded by Coucilmember Douglas, moved to approve the semi-
       monthly claim for June 9, 1997, in the amount of $807,549.67. The motion carried 8-0.

17.    MISCELLANEOUS COUNCIL ITEMS.

       a)      Rodrock Noise Created On Saturday Mornings

               Councilmember Severance asked City Manager Montague to visit with the
               developers of the Rodrock subdivision and strongly encourage that they have a more
               community friendly schedule. He said that at 7:00 a.m. on Saturday morning they
               were out breaking rock and he received several complaints.

               Councilmember Snell stated that the City's ordinance indicates that 7:00 a.m. is
               acceptable.

       b)      Dust With Development

               Councilmember Breitenstein stated that behind the Cox's residence it looked as if the
               cul-de-sac for the Rodrock development is going further back west than originally
               planned. She said she has also received complaints about the dust because it is
               filtering into pool systems.

               Mayor Allen stated that City Manager Montague and he looked at that development
               and they had pointed out the dirt that was being taken from one side to the other.

               Councilmember Breitenstein stated the developers could dampen the roadway they
               are using to take trucks out on.

               Mayor Allen stated that the City street sweepers were in that location that day
               cleaning the streets.

               Councilmember Breitenstein stated that Midland is also very dirty from those trucks.

18.    CONSIDER ORDINANCE RELATING TO WESTERN RESOURCES NATURAL
       GAS FRANCHISE FEES.

       Mayor Allen stated that this ordinance pertains to increasing commercial and industrial
       franchise fees to 3% for Western Resources Natural Gas. He said that this is the third of
       three readings as required.

       Councilmember Goode, seconded by Coucilmember Severance, moved, due to the late hour,
       to table consideration of the ordinance for the increase of commercial and industrial
       franchise fees to 3% for Western Resources Natural Gas, to the June 23, 1997 City Council
       meeting. The motion carried 8-0.
PAGE 34                       CITY COUNCIL MINUTES                                 JUNE 9, 1997



19.   CONSIDER ORDINANCE              RELATING        TO    GREELEY       GAS     COMPANY
      FRANCHISE FEES.

      Mayor Allen stated that this ordinance pertains to increasing commercial and industrial
      franchise fees to 3% for Greeley Gas Company.

      Councilmember Goode, seconded by Coucilmember Severance, moved, due to the late hour,
      to table consideration of the ordinance for the increase of commercial and industrial
      franchise fees to 3% for Greeley Gas Company, to the June 23, 1997 City Council meeting.
      The motion carried 8-0.

20.   CONSIDER ORDINANCE RELATING TO KCPL FRANCHISE FEES.

      Mayor Allen stated that this ordinance pertaining to increasing commercial and industrial
      franchise fees to 3% for KCPL.

      Councilmember Goode, seconded by Coucilmember Severance, moved, due to the late hour,
      to table consideration of the ordinance for the increase of commercial and industrial
      franchise fees to 3% for KCPL, to the June 23, 1997 City Council meeting. The motion
      carried 8-0.

21.   CONSIDER ORDINANCE RELATING TO KPL (A/K/A KPL GAS SERVICE)
      FRANCHISE FEES.

      Mayor Allen stated that this ordinance pertains to increasing commercial and industrial
      franchise fees to 3% for KPL (a/k/a KPL Gas Service).

      Councilmember Goode, seconded by Coucilmember Severance, moved, due to the late hour,
      to table consideration of the ordinance for the increase of commercial and industrial
      franchise fees to 3% for KPL (a/k/a KPL Gas Service), to the June 23, 1997 City Council
      meeting. The motion carried 8-0.

ADJOURNMENT

Councilmember Goode, seconded by Councilmember Severance, moved to adjourn. The motion
carried 8-0, and the meeting adjourned at 11:45 p.m.




____________________________
Sonya Fendorf
Recording Secretary

				
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