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					                                        CITY OF SHAWNEE
                                     At 6:00 Prior to the Meeting:
                       National Incident Management System (NIMS) Training
                                    Community Room at City Hall
                            Finance & Administration Committee Meeting

                                CITY OF SHAWNEE
                                SEPTEMBER 5, 2006
                                     7:30 P.M.

     Chairperson Sandifer called the meeting to order at 7:32 p.m.

      Committee Members Present                Staff Present
      Councilmember Pflumm                     City Manager Gonzales
      Councilmember Sawyer                     Assistant City Manager/City Clerk Charlesworth
      Councilmember Straub                     Assistant City Attorney Rainey
      Councilmember Sandifer                   City Engineer Wesselschmidt
                                               Public Works Director Freyermuth
      Other Councilmembers Present             Fire Chief Hudson
      Councilmember Scott                      Parks and Recreation Director Holman
      Councilmember Kuhn                       Finance Director Kidney
      Councilmember Distler                    Senior Project Engineer Schnettgoecke
                                               Assistant to the City Manager Singer

Members of the public who spoke: (Item 1) BECKY FRITZ, Shawnee Mission Parkway and
Quivira, TIFFANY PHILLIPS, 5916 Albervan.

1.        IN-HOME MASSAGE.

          Consider change to the massage ordinance to allow for in-home massage.

          Assistant City Manager/City Clerk Charlesworth stated Councilmember Scott asked staff
          to look into the possibility of allowing in-home massage therapy. Currently, the City
          only allows it in one circumstance; massage performed on physically and incapacitated
          patients on behalf of a physician.

          Assistant City Manager/City Clerk Charlesworth stated the City also allows massage on
          business premises, mostly in response to requests from businesses with corporate
          wellness programs. They allow a massage therapist to come into their businesses and
          perform massage from the waist up.

      Assistant City Manager/City Clerk Charlesworth stated that currently, the City has nine
      licensed massage establishments. She tried to make contact with all the licensed
      establishments and most of them thought it would be beneficial for the City to allow for
      in-home massage therapy. She stated a couple of them expressed concerns with the
      personal safety of their massage therapists, as well as the competition created by those
      therapists who are not required to invest in a commercial site.

      Assistant City Manager/City Clerk Charlesworth stated she checked with different cities
      in the area and currently Merriam does not regulate massage therapists, so they do allow
      people to go into homes to perform in-home massage therapy, by virtue of the fact that
      they do not have any ordinances to regulate it. She stated Overland Park also permits it
      and when she talked to their City Clerk, she said that no one had ever contacted her for
      the form to do in-home massage therapy. Prairie Village also allows it and out of the 57
      people they have licensed for massage therapy, only 12 have physical locations within the
      City, so all the others are doing in-home massage therapy.

      Assistant City Manager/City Clerk Charlesworth stated she also checked with the Police
      Department and the Planning Department in relation to this issue; neither had issues. She
      talked to another resident currently pursuing massage therapy status through Johnson
      County Community College and she had some interest in the City allowing people to
      come into her home. She stated she spoke with this person again, and told her that City
      staff really was not in favor of this practice, because it would open the door to other
      people operating businesses in residential areas, possibly create traffic problems, and
      such and this woman said she understood.

      Assistant City Manager/City Clerk Charlesworth stated she does not anticipate any
      problems for the City if they would incorporate this into the massage code.

      Councilmember Straub stated people run accounting businesses and real estate offices out
      of their homes.

      Assistant City Manager/City Clerk Charlesworth stated that technically someone can
      have a home business, but just can not have customers coming to and from the home.
      They are also limited to only one employee who does not work more than 40 hours a
      week, or the equivalent of one employee.

      Councilmember Straub asked if that means accountants can not have someone come into
      their home and pick up their taxes.

      Assistant City Manager/City Clerk Charlesworth replied they are not supposed to. She
      stated a tax person can go to other people’s homes in Shawnee, just like an architect,
      engineer, or attorney, but they are not supposed to have customers come to and from their
      own home.

      Councilmember Pflumm stated he thought the City had changed the business regulations
      for home-based businesses.

      Assistant City Manager/City Clerk Charlesworth stated they did and that allows for one
      employee who does not work more than 40 hours a week, but still does not allow
      customers to come to and from the home.

      Councilmember Pflumm stated he was thinking it was one car.

      Chairperson Sandifer stated if he remembers correctly, that car was for the one employee.

      Assistant City Manager/City Clerk Charlesworth stated the City did make a limit that
      someone could only park vehicles related to the business in the driveway, so if they had
      an employee that came to the home, they would have to park in the driveway and not out
      on the street.

      Councilmember Straub stated he has been to people’s homes that have done in-home
      massage, not in Shawnee, so he thinks that is a great business.

      Councilmember Scott stated the majority of her friends have a massage on a regular basis
      and recently asked her to bring this up for discussion. She thinks it would be beneficial
      to residents and therapists alike.

      Assistant City Manager/City Clerk Charlesworth stated she is sure it is going on in the
      City; it is just that people are not aware of the regulations and do not know they are in
      violation of the ordinance.

      Councilmember Scott stated she does not want them to have an undue advantage by not
      having a business location.

      Assistant City Manager/City Clerk Charlesworth stated she talked with City Attorney
      Rainey’s office about it and he has some concern if they say to someone they have to
      have a physical location within the City of Shawnee. He told her if they wanted to
      explore that, there are certain things they would have to tie that to, so she is not sure it is
      even a legal option; to tie it to a brick and mortar building in the City.

      Councilmember Pflumm asked if that is not to say a person has to live in Shawnee to be
      able to go to someone else’s house in Shawnee, but just has to have a facility here in

      Assistant City Manager/City Clerk Charlesworth replied one of the suggestions she
      received from a licensed massage therapist, was they thought if the City did not require
      them to have a physical location within the City of Shawnee, they would have an undue
      advantage and would not have to invest in the community.

      Chairperson Sandifer asked if they would be required to have an occupational license.

      Assistant City Manager/City Clerk Charlesworth stated they would be required to have an
      occupational license and meet the same requirements that any other massage therapist
      would have to meet.

      Councilmember Kuhn stated she is not sure she would buy into the undue advantage that
      is, because she thinks they could go on either side of it. She stated some people will
      always feel more comfortable going to an establishment that is a spa of some sort and
      some will feel more comfortable going to someone they know. She thinks it will even
      out either way.

      Councilmember Kuhn stated the only thing she thinks they may need to look at, is that
      Overland Park allows it, but limits the hours from 9:00 a.m. to 10:00 p.m. and thinks that
      is a reasonable restriction.

      Councilmember Pflumm stated it should be consistent with the City’s other one employee
      business venture.

      Chairperson Sandifer asked if that had a time limit as well.

      City Manager Gonzales stated that would be applying to an in-home business, so this is
      the inverse of that and she does not know if there is any need for consistency.

      Councilmember Pflumm stated he would agree with City Manager Gonzales, because it
      is probably okay. He stated that person may have a day job and then go over to
      someone’s house to give a massage at 6:00 p.m. or 7:00 p.m. in the evening.

      Councilmember Kuhn stated that is well within the 9:00 a.m. to 10:00 p.m. parameter.
      She just thinks those hours legitimize the same time frames of most businesses within the

      Councilmember Straub stated they are not saying the masseuse can be working out of
      their house, but that they have to go to the customer’s home. They have to take their
      table and everything with them every time. He stated a lot of them do it like that, but a
      lot of people also have a separate room in their house all set up, which is something he is
      not against.

      Councilmember Pflumm stated he too, would not be against that kind of a set up.

      Councilmember Kuhn stated Councilmember Straub is probably right in some instances,
      but she would also consider people she knows who went to get their massage therapy
      license and may have younger kids and schedule limited numbers of clients during school
      hours, nap time, or other down times and it is easier for them to be at home providing the
      service, rather than going somewhere else in case there is a family emergency or
      something to that extent.

      Chairperson Sandifer asked Councilmember Scott if she is okay with the times
      Councilmember Kuhn suggested.

      Councilmember Scott replied sure. She asked if this would require a change to the
      zoning ordinance.

      Assistant City Manager/City Clerk Charlesworth confirmed it would require a change to
      the zoning ordinance and it would have to go through the Planning Commission. She
      stated it would also open the door for other types of businesses who want to operate out
      of their home.

      Councilmember Scott stated she did not want to go to that much trouble.

      Assistant City Manager/City Clerk Charlesworth stated currently, only the existing
      beauty salons who do hair and other services are allowed by special use permits. They do
      not allow people to apply for new beauty salons out of their homes, nail salons – that type
      of thing.

      City Manager Gonzales suggested if they want to look at the in-home massage, they
      should look at it in the context of all the other home based businesses throughout the
      City, which is more of a complex discussion. Tonight, the staff had just looked into the
      opportunity for someone to go into someone else’s home. She stated the staff can look
      into the other area, but thinks it would be wise to consider it within the greater framework
      of what other kinds of businesses the City allows to operate within their homes.

      Councilmember Straub stated they could limit it to one customer, like one employee.

      City Manager Gonzales stated that is true, but then it opens the door for other types of
      businesses and would warrant discussion by the Council to look at those as a separate

      Councilmember Pflumm stated they need more research before they vote.

      Councilmember Kuhn asked if City Manager Gonzales is just saying they need to break
      this into pieces.

      City Manager Gonzales answered yes.

      BECKY FRITZ, Shawnee Mission Parkway and Quivira, stated she is a massage
      therapist and personally does not want to have massage in her home, but sees no problem
      with opening it, because she does not think it will bring any additional competition,
      because people who want to do it are probably already doing it illegally. She stated if
      those people had the option to become legalized, the City could get more fees, as it is
      $300.00 the first year and $100.00 thereafter.

      BECKY FRITZ stated there are only nine states in the United States that do not require
      national certification. For example, if someone was going to become a nurse, they have
      to take a board test. She stated this is a massage therapist test that costs $250.00. She
      stated Missouri requires that test and Kansas is trying to get it passed. She stated it is
      really city by city, so Shawnee could adopt an ordinance requiring national certification
      for all massage therapists and to allow it in the home, if they are going to break this down
      into pieces; these are other things to consider.

      BECKY FRITZ stated another thing the City does not require, is yearly she has to
      provide information and pictures. One thing that needs to be added is malpractice
      insurance, as it is suggested and she does not think everyone probably does that because
      it costs $200.00 each year. She stated that is two ways the City could make it stricter.
      She stated if someone is going to go through all these steps, they are going to be a
      legitimate massage therapist and personally would not have a problem with people doing
      it in their home. She stated she goes to someone in Lenexa who does it out of her home.

      Chairperson Sandifer asked Assistant City Attorney Rainey his opinion.

      Assistant City Attorney Rainey stated it was not his office with which Assistant City
      Manager/City Clerk Charlesworth spoke, but would add that the Commerce Clause is
      unlawful protectiveness of the City businesses. He does not know why they are doing
      that and would have to look into it further.

      Chairperson Sandifer asked about what Ms. Fritz was saying about someone needing a

      Assistant City Manager/City Clerk Charlesworth replied that currently, the City requires
      500 hours or national certification. She stated they take 500 hours in lieu of the national

      City Manager Gonzales stated that is something the staff could look into further.

      Assistant City Attorney Rainey stated that sounds like a reasonable regulation, which
      would be an exception to the Commerce Clause.

      Chairperson Sandifer asked Councilmember Scott what she thought.

      Councilmember Scott agreed with whatever they have now.

      BECKY FRITZ stated a person can not take the national certification test if they do not
      have the 500 hours and this is just one more step to prove they are being professional and
      committed to the industry. She stated the City is not going to be liable if for some reason
      something happens to a client, but this protects the public for unforeseen things.

      Assistant City Attorney Rainey stated the permitting requirement is something that is
      reasonably done and typically in one’s profession.

      BECKY FRITZ stated it is required in all but nine states and Missouri requires it and
      allows massage therapy in the home. She stated Kansas does not at this point and are
      currently in legislation.

      Councilmember Scott asked Assistant City Attorney Rainey were the City gets involved
      with malpractice insurance.

      Assistant City Attorney Rainey replied they probably do not want to get involved, unless
      Councilmember Scott wants to pursue that issue.

      Councilmember Scott stated she would not.

      Chairperson Sandifer asked about the certification.

      Councilmember Pflumm stated the certification is a little tricky, because a person can not
      do it unless they have 500 hours or are certified. He stated they can not get certified
      unless they have 500 hours. He stated it is a chicken and egg thing, because how can
      someone work out of their home if they are not certified and if the City requires it, there
      is no way to do it. He stated if a person just went to school and came out, there is no way
      to gain the 500 hours without doing it.

      Councilmember Sawyer asked what is wrong with requiring certification. He stated it is
      like a doctor; a doctor does not practice without first being an intern. He believes they
      should be certified. He stated malpractice insurance ought to be part of the game; it
      should not be easy and shouldn’t be that someone can walk into City Hall and get a
      permit and not show any requirements that they are even able to perform these services.

      Councilmember Distler stated if she understood correctly, as far as the malpractice
      insurance is concerned, it is not that the City would carry it, but the person performing
      the service and it would become part of their occupational license and have to prove to
      the City that they have malpractice insurance, just like any other business has to prove
      their liability. She stated the City would not give them the license, if they do not have
      malpractice insurance.

      Councilmember Sawyer stated it is just like when a person goes to get their tags for a car;
      they have to prove they have insurance.

      Councilmember Kuhn stated it is not the same. She stated an attorney practicing in the
      City of Shawnee does not have to provide proof of his malpractice insurance with the
      City, but has to provide proof of his malpractice insurance to the bar in order to practice
      law. She has some concerns with the additional responsibility that the City does in some
      ways appear to take on, by their added liability and being responsible for proving that a
      massage therapist had malpractice insurance. Then they start taking into consideration if
      it was adequate malpractice insurance, did it have a reasonable deductibility, did the City
      check to make sure they met all the requirements of it and did not in some way provide

      false information to the insurance company and did they keep it up. She stated she does
      not want the City to be in that business.

      Councilmember Kuhn stated she thinks they should have it, but thinks it is something that
      should come in some sort of a professional association, similar to a bar association or the
      AMA. She thinks it makes sense to look at certification.

      Councilmember Distler stated her business is in Missouri and they do have to prove
      insurance to keep their occupational license.

      TIFFANY PHILLIPS, 5916 Albervan, stated she has had a practice and clinic in
      Overland Park for 10 years. She is also the President of the American Massage Therapy
      Association, so she should be able to answer a few questions. She stated she is also the
      chairperson for Law and Legislation for the State of Kansas to get everything the Council
      is talking about here tonight.

      TIFFANY PHILLIPS stated one of the reasons they are so actively trying to get that
      done, simply is because committees like this one, meet and try to make conversation and
      make law, where there are so many variables to not know what is going on or what
      everyone has a question about. She stated there are only nine states that are left to go
      with statewide licenses and Kansas is one of those states. She stated there are a number
      of states at this time that are very close to the end process of getting everything passed.
      She stated they have a lobbyist and it should happen in the next year or so.

      TIFFANY PHILLIPS stated with that in mind, one thing a lot of the states do is
      incorporate the laws of the state around them. She stated Missouri being the closest state,
      especially to Shawnee, when they went statewide licensor in 2000, incorporated laws
      from states close to them, such as Arkansas and Illinois. She stated everyone is starting
      to do the same thing, so they eventually have some sort of national law, which makes it
      less complicated for boards like this committee to try to keep making different laws every
      time something comes up. She stated a lot of states are incorporating in-home massage.

      TIFFANY PHILLIPS stated she thinks they are talking about two different things
      tonight. One being, in-home massage, meaning a therapist would go into people’s homes
      or secondly, having an in-home business. She stated Overland Park does not allow
      massage as a business and have people come to the therapist’s home, but if a form is
      signed and filled out with the intent of what is being done on file in their office, they can
      then go into someone’s home. She stated it is a pretty big process, as to how a therapist
      can even go into someone’s home.

      TIFFANY PHILLIPS stated one of the reasons why these laws are still in place, is
      because Shawnee and Overland Park, really all over the State of Kansas, the law is still
      written under the Adult Entertainment licensing. She stated that is one reason they are
      not under the Kansas Health Department and one reason why they need to get these
      things changed, so they can see what it is. She stated the best way to do this, is to get
      licensing done statewide, so if someone practices in Overland Park they have one set of

      standards and then when they go across the street to practice in Lenexa, they have a
      different law. She stated if they would go out to Leavenworth, they would have an even
      different law.

      Councilmember Pflumm asked if Lenexa offers massage in the home.

      TIFFANY PHILLIPS replied it is the same as Overland Park. Lenexa does not allow
      massage out of the therapist’s home, but they can go into someone’s home if they have a
      form filled out and on file.

      Councilmember Straub asked if it is that way for all the surrounding cities.

      TIFFANY PHILLIPS replied Merriam has no licensing whatsoever. She stated all of the
      rural communities in western Kansas allow in-home massage, because there are very
      little requirements in rural communities. She stated that is what most states are going to,
      in-home massage, just because when they do statewide, they can not only think of the
      community and how it will work for them, but how it will work for the farmer in western
      Kansas who has trouble getting continuing education or maybe is doing an hour massage
      for $30.00, where she does an hour massage for $70.00. She stated those farmers may
      see four people a week, where she sees 35 people week. She stated they have to regulate
      it to where the whole State is happy.

      Councilmember Straub asked at what stage is the State.

      TIFFANY PHILLIPS replied the criterion is done for the Kansas Department of Health
      and Environment. They have a lobbyist who has been working with the American
      Association of Massage Therapy for four years and are in the process of hopefully being
      able to, when they go into session next January, write the bill and get it going. She stated
      hopefully something will happen within the next year, at the most.

      Councilmember Kuhn stated her question is not in any way to minimize the importance
      of passing the national test, but her understanding is in order to be a massage therapist,
      they have to be licensed, which means they have to take and pass the classes, do a certain
      amount of practice time, at which point in time they would become a certified massage
      therapist. She asked if that is correct.

      TIFFANY PHILLIPS replied they would become a licensed massage therapist.

      Councilmember Kuhn asked for the difference between a massage therapist who goes
      through everything, passes, and becomes licensed, and any of the other things. She stated
      her nail technician, aesthetician, her hair salon, and cosmetologist all have to be licensed.
      She stated some of them have special things after their licensing that show they have met
      the next level. She decides who she wants to see, or whether it is worth $30.00 for a
      haircut or $75.00 for a haircut, based on part of their criteria, where they have met in their
      level of education. She asked how that is any different; how is it that she should turn one

      person down who has met all of the criteria required in order to be licensed to do it, but
      hold them to a higher standard than the actual profession holds them to.

      TIFFANY PHILLIPS asked Councilmember Kuhn if she means as far as massage
      therapy and different levels of licensing.

      Councilmember Kuhn answered yes.

      TIFFANY PHILLIPS stated she thinks the main thing for that, as far as not going
      statewide, is that they do not know what the law is everywhere they go. The general
      public does not know that and she would imagine the general public does not know if
      they live in Overland Park, they have to have 650 hours of education, among other things,
      and it is much stricter, than if someone goes into Merriam and that person may have had
      no classes whatsoever, but are a massage therapist. She stated it is more of the public
      being educated to know whether or not they are a good therapist. She asked
      Councilmember Kuhn if that was her question.

      Councilmember Kuhn replied to some extent, but wonders if the City should be holding
      them accountable to this next standard in order to allow them to practice their chosen
      profession, when the profession itself considers them adequate for that at the end of
      licensing. She does not see that any different than a cosmetologist that is considered
      adequate to set up business and cut and color her hair, without passing the next level.
      She stated the people at Mario Tricoci have those levels and maybe that is where she is
      concerned with the City requiring additional, than what the actual profession itself

      TIFFANY PHILLIPS stated the profession itself does not require anything in particular;
      it only requires what the City they want to practice in requires. She stated no matter
      where someone wants to be a massage therapist anywhere in the country, where they
      want to practice is where they have to meet those requirements. She stated being a
      massage therapist in different parts of the country means something totally different. She
      stated as far as City-wide, if that is what Councilmember Kuhn means, it is one of the
      reasons for getting the statewide licensure done, because there would be an independent
      governing board for that. She stated those statewide requirements would be met without
      them having to go to the City every year and prove their 500 hours or continuing

      Councilmember Scott asked what the difference is between being nationally certified and
      just being licensed.

      TIFFANY PHILLIPS stated it is a couple different things really, one being if a person is
      nationally certified, they have to take a test proving competency, proving that they are
      able to answer all these questions. She stated they are all basically questions learned in a
      basic 500 hour course. She stated if someone wants to continue being nationally certified
      and keep up with their licensing, they have to do continuing education. She stated the
      test is $250.00 and the continuing education is different, depending on where it is taken.

      She stated someone can take it in different states, here in Johnson County, or online. She
      stated keeping up the license is just a matter of the cost of the continuing education and
      proving that education. Every four years they have to renew and that means taking the
      test again.

      Councilmember Scott stated being nationally certified is a step up from just having a

      TIFFANY PHILLIPS stated that is correct. She stated a license means just meeting the
      requirements for that particular city where the therapist wants to work.

      Councilmember Pflumm asked if there are any credentials that go along with that
      continuing education.

      TIFFANY PHILLIPS replied the only credentials are letters after a name. She personally
      is an LMT NCTMB, which means a licensed massage therapist that is nationally certified
      in therapeutic massage and bodywork. She stated a lot of the public do not even know
      what that means. She stated they will see a lot of people with the letters CMT, which
      means Certified Massage Therapy and there is really no such thing. That just means a
      person received a certificate saying they are a massage therapist and could have only
      gone through an 18 hour program up in Topeka. She stated Topeka has no licensing for
      this and there is someone up there that teaches a three day class and then the people are
      massage therapists.

      Chairperson Sandifer asked Assistant City Attorney Rainey if he is saying that the City
      can require these people to have a permit, but does not see how they can hold them on the
      worker’s compensation.

      Assistant City Attorney Rainey replied it depends on what conditions the Council decides
      to attach. It seems to him like a reasonable regulation, with a specific purpose that is
      legitimate, which is an exception to the Commerce Clause. He stated he says that, but
      hesitates because someone with a lot more experience than him apparently said the staff
      had some concern with it and he would like to know what that is, before he says
      anything. He stated the Commerce Clause concern would be if the City is protecting
      local businesses, they are impeding commerce between the states or the governmental
      jurisdictions, or if they are discriminating to favor a local business. He does not see they
      are adding any kind of a permit requirement.

      Assistant City Manager/City Clerk Charlesworth stated she thinks City Attorney Marvin
      Rainey’s main concern, was if they require them to have a physical building in the City
      and not any of the other requirements. For clarification purposes, the City requires 500
      hours of national certification. In addition, they also require 12 hours of continuing
      education, CPR, and Red Cross First Aid. She stated the City already has a lot of the
      things Ms. Phillips talked about and her only concern if they require national
      certification, is that they give all of their current licensed massage therapists the
      opportunity to come, because some of them do not have a national certification and she

      would hate to put someone out of business by passing a new requirement. She stated she
      is not opposed to it.

      Chairperson Sandifer asked if they should move this on to the staff for further research.

      Councilmember Scott stated she is not on this committee, but if the committee would
      move to do that - great.

      City Manager Gonzales stated if the committee wanted to move this on to the City
      Council on September 25, 2006, between now and then the staff can address the
      malpractice issue, do some more research, and have a recommendation, as well as on the
      national certification issue. She stated her initial thought is if they are working at the
      State level, her preference would be to wait until the State statute is adopted and follow it.

      Councilmember Scott stated they need to incorporate the hours suggested by
      Councilmember Kuhn.

      Councilmember Pflumm, seconded by Councilmember Sandifer, moved to recommend
      the Council approve the staff recommended changes in the City’s massage ordinance
      allowing for in-home massage.

      Councilmember Kuhn stated she suggested the 9:00 a.m. to 10:00 p.m. hours, but really
      thinks it should be earlier in the morning, based on the fact that someone may want a
      massage before work, but 10:00 p.m. is really the cutoff to her at night. She would agree
      to a 7:00 a.m. start time.

      TIFFANY PHILLIPS stated Overland Park has their hours set at 6:00 a.m. to 10:00 p.m.

      Councilmember Kuhn stated unfortunately while she recognizes it is a completely unfair
      classification for Ms. Phillips and recognizes as she takes a number of opportunities to
      use a massage therapist, it is a wonderful thing.

      TIFFANY PHILLIPS stated she would like to address one thing about insurance. She
      stated malpractice insurance, like they would know it to be for a lawyer or a doctor is
      really through two governing boards, The American Massage Therapy Association and
      the ABMP. She stated with those two organizations, pretty much all a person would do is
      get $2 million per incident or $6 million each year of malpractice insurance which costs
      anywhere from $200 to $280, depending on the location. She stated the therapists are
      just paying for that protection and not like malpractice for a doctor, so there really is just
      two ways of getting that; they do not have to prove or show anything other than through
      them, so it would not be through a Council anyway.

      Councilmember Sawyer stated he basically thinks it is like when one would hire someone
      to do work around their house, and they better check that the person has worker’s
      compensation, because if not, the homeowner will have to pay.

      Councilmember Kuhn stated she thinks that was kind of her point, not having it be a City
      requirement, but having it be almost a ‘buyer beware’ kind of thing.

      Councilmember Sawyer stated he does not see the big issue with it; they either have it or
      they don’t and if the don’t, they can not do business in the City.

      Therefore the motion read:

      Councilmember Pflumm, seconded by Councilmember Sandifer, moved to recommend
      the Council approve the changes in the City’s massage ordinance allowing for in-home
      massage. The motion carried 4-0.

2.    DISCUSSION OF           THE      2007-2011     CAPITAL       IMPROVEMENT            PLAN

      Following previous discussions regarding the 2007-2011, 5-year Capital Improvement
      Plan, the first draft of the plan is ready to be considered.

      City Engineer Wesselschmidt stated several meetings have been held in the past month to
      talk about various portions of the Capital Improvement Plan (CIP). It started with the
      Finance and Administration Committee meeting on August 8, 2006, where they discussed
      the needs for CIP planning and funding sources for capital expenditures. He stated at the
      latter part of August, they discussed specific projects that could be considered for the
      CIP. At the last City Council meeting, the staff received some direction on some eminent
      projects reflected in the proposed CIP.

      City Engineer Wesselschmidt stated what they have before them this evening, is a
      proposal for further consideration and adoption as the CIP for the years 2007 through
      2011. He stated this particular CIP is funded; meaning based on the City’s mill levy,
      what portion of that mill levy is going towards debt financing and the financial situation
      of the City. He stated if everything stays the same, the projects reflected on 2007 through
      2011 are projects that would be able to be funded by the City. In past years, there have
      been more projects on the CIP than the current mill levy would support, but with this
      particular plan, they want to show one that is, in fact, funded.

      City Engineer Wesselschmidt stated the CIP shows what projects they have on the
      proposed plan and he will briefly go over some projects that had been shown on last
      year’s CIP that were removed in order to present to this Council a funded CIP.

      City Engineer Wesselschmidt stated started with 2006. The 75th and K-7 intersection
      improvements were removed. He stated there is the Monticello Road and Clear Creek
      Parkway signalization, and that particular project would be able to be addressed with the
      project shown on the CIP which would be Monticello Road from Johnson Drive to 66th
      Street. He stated the Johnson Drive and Woodland intersection signalization was
      removed. He stated on last year’s plan during 2007, a Parks shop was shown and is not

      shown on this proposed plan. He stated the Quivira Road rehab from 67 th Street to 77th
      Street and the Johnson Drive & I-435 signals are no longer on this plan.

      City Engineer Wesselschmidt stated in 2008, last year’s plan showed Mize Road from
      71st Street to 79th Street. There was a project called the Shawnee Downtown Partnership
      Drainage Channel East of Nieman Road which has been removed. The Neiman Road
      rehab from 55th Street to Shawnee Mission Parkway and a park project west of K-7,
      which is specifically the tracts called Hayden and Kline have been removed.

      City Engineer Wesselschmidt stated last year’s plan on 2009 showed a Community
      Center/Indoor Pool which has been removed; Midland Drive – Shawnee Mission
      Parkway to I-435 has been removed; basically the second phase of the 51 st Street project
      from Rosehill Road east to Quivira Road has been removed; as well as Johnson Drive
      rehab from Barker to Ogg.

      City Engineer Wesselschmidt stated on last year’s plan for 2010, it shows Woodland
      Road – 75th Street to the 8100 Block as removed. Also removed, is 47th Street/Wilder
      Road – Woodland to Holliday Drive. He would like to particularly point out the removal
      of Renner Road from the 5700 Block to 65th Street, which would be a project that would
      be next to the planned Justice Center, so the staff has some concerns as they get closer to
      that project with access to that site. He stated once they get that all running for the Police
      Department, Fire Department, and the Courts, there will be some concern with having an
      adequate road system to get traffic in and out of that site.

      City Engineer Wesselschmidt stated those are projects that were on last year’s plan that
      are not reflected on this plan. He stated the plan at this point would be to review what is
      being proposed. He stated if this is in order, it will be forwarded to the next Planning
      Commission for their review and consideration and then brought forward to the City
      Council with what the staff would consider a final draft for review and adoption by the

      Councilmember Sawyer stated he should be all warm and fuzzy with this, but coming
      from Ward II where everything has been removed, it does not seem to him that the City is
      sharing the wealth. He stated there is one particular project which he thinks they really
      need to reconsider, as the City keeps improving all the waterways up above it, but keeps
      putting off improving anything east of Nieman Road. He stated they all know that there
      are some concerns about whether it can handle the water down through there.

      City Engineer Wesselschmidt noted that project is the one referred to as the Shawnee
      Downtown Partnership project.

      Councilmember Sawyer stated it keeps getting moved back and brings him concern. He
      stated he obviously has concerns with everything taken off of Ward II, which is very
      heavy and he does not see anything left and is here to fight for his ward. He stated
      Councilmember Goode will be here to fight as well at the next Council meeting. He
      stated it is his personal opinion that the City needs to do more improvements on where

      the water comes down into this area on east, up by the St. Joseph School just west of
      Flint. He stated they have done more improvements up further north that drains that
      way, but the City keeps putting off this project.

      Councilmember Sawyer stated he is one person who would like to see this project happen
      before it HAS to happen, because there is an issue. He knows everyone on staff will tell
      him that it has been studied and the City does not need it, but he is not sure he fully

      City Engineer Wesselschmidt stated it is certainly a project that requires the City to do a
      fair amount of maintenance, as far as the trees and debris. He stated that particular
      project to this point and how it has been looked at, has not been able to qualify for SMAC
      funding. Certainly, if it could qualify for SMAC funding, that would help.

      Councilmember Sawyer asked City Engineer Wesselschmidt what has to happen, before
      it does qualify for SMAC funding.

      City Engineer Wesselschmidt replied it needs to have more homes flooding, which the
      City certainly does not wish on anyone.

      Councilmember Sawyer stated that is the last thing he wants to see happen.

      City Engineer Wesselschmidt stated what the City could do with that specific project,
      would be to continue to look at it through staff evaluations, talks with property owners,
      and can send out more questionnaires just to see if things have changed in that area. If
      they have, perhaps it would qualify for SMAC funding and would give it a much better
      ranking, when the City can get $3.00 to every one of their dollars for that type of a

      Councilmember Sawyer stated he loves the answer, but is not happy with it – it sounds

      Councilmember Pflumm asked if the distance of City parks between every household is
      still .3 miles.

      City Manager Gonzales stated that is correct.

      Councilmember Pflumm stated the City is looking to keep that as a standard. He stated
      he somewhat got the brunt of not having heaters in restrooms up here in West Flanders
      Park when he was running for election and his question is if the restrooms cost so much,
      why are they putting them in the parks if they are only .3 mile from anyone’s house. He
      stated it is not to say that the closest park to every house is the park that resident will
      frequent, but they could probably ask Police Chief Clark about the bad things happening
      in parks and they probably happen in the restrooms. He stated that is something they
      need to think about before they approve everything on down the road.

      City Engineer Wesselschmidt stated Parks and Recreation Director Holman may be able
      to address this better, but really when a person has to go, they have to go.

      Councilmember Pflumm stated that realistically, most crimes are happening in these park
      restrooms and they are just creating an incubator for them to happen.

      City Engineer Wesselschmidt stated in some of these parks, the City holds events like at
      West Flanders and the concert, so they were bringing people into that park from a greater
      area. He stated they do get people that drive to a certain park for its particular amenities,
      which means they are not really close enough to walk to their homes. He stated the City
      puts in the restrooms, because it is something park patrons need.

      Councilmember Pflumm stated he understands that, but on the eve of raising taxes and
      over the next so many years they are raising taxes because of all the things they need to
      do for Shawnee, he is merely saying they need to think about putting restrooms in the

      City Engineer Wesselschmidt stated these buildings are going to be costly. He stated the
      City tries to make them as vandal resistance as possible, although they can not make them
      vandal proof. He stated that raises the costs of the materials being used and it is
      somewhat unique construction work, as far as it not being a house that is a little more
      mass produced, but more unique specialized construction.

      Councilmember Kuhn asked if most of the restrooms in the City parks are handicapped
      accessible and compliant.

      Parks and Recreation Director Holman answered all of them are compliant.

      Councilmember Kuhn stated she would assume so. She suggested three things the
      Council might want to take into consideration before they decide not to fund restrooms.
      First, people who use the parks that may in fact be handicapped or wheelchair bound and
      that does not require them to make a quick run down the street to a home that might be
      one-third of a mile away, but requires them to take significant amount of time getting
      back in and out of their car. She stated a good number of people that use the City parks
      probably have children and children under the age of 10 should be in a car seat and if
      there is a family with three young children, that means they need to get all three kids off
      the swings, into the car seats, and back out of the car seats to get junior home to go to the
      bathroom, and she can guarantee them junior will not make it.

      Councilmember Kuhn stated she thinks City Engineer Wesselschmidt touched on the fact
      that she, personally, does not go to the only park that is one-third of a mile from her
      house. She goes to Shawnee Mission Park, Erfurt Park, and others much further than the
      one-third of a mile. She would also say she thinks it is a complete fallacy to say that
      most of the crime that happens in a park happens in the restroom. She stated the last
      three things that came to her mind when she thought about crime happening in a park
      lately, had been jogging trails and none of those were in restrooms, but people who were

      attacked out in the middle of a jogging trail. She stated is grateful they were not Shawnee
      parks, but does not think it a reasonable expectation to say that crime only happens
      because someone uses the restroom. She stated most of the crime she thinks about in
      parks happens on the jogging trails where someone is accosted outside.

      Councilmember Pflumm stated there is a lot of crime that happens in restrooms in all the
      parks around, but he is not saying it is the only place crime happens. He is merely saying
      that restrooms create an environment where people can hide, so they have the possibility
      of crime. He is not saying the City does not have restrooms in all of their parks, but just
      saying they need to watch the ones they do have and if it is a neighborhood park with
      only so many parking stalls, then it is not intelligent to put in a restroom. He stated in
      Ward I, he knows probably everyone wants a restroom in that park, but it is really a
      neighborhood park-intended and is what all the neighborhood people believe up there.

      City Engineer Wesselschmidt stated there are certain parks that have been built to be
      neighborhood pocket-type parks. He stated there may be a parking lot, but it is just five
      stalls. He stated J.C. Park along Quivira Road would be a good example. It is not a large
      enough park and does not have the amenities to have a draw, so he does not think that is
      one where the City would ever see a restroom placed. He stated the larger parks, the 10
      and 20 acre parks with trails and different playground activities that may be unique to
      that particular park will have a draw that creates that need.

      Parks and Recreation Director Holman stated to reiterate, that is what they do now. He
      stated Douglas Hyland Park does not have a restroom, J.C. Park does not have a restroom
      and they just built Monticello Park, a 9-acre park, which does not have a restroom. He
      stated the larger parks of 10 acres or more, for the trail and amenities where people are
      drawn, are parks where they do try to provide a restroom.

      Councilmember Pflumm asked about how many parking spots are planned for Quivira
      Glen Park.

      Parks and Recreation Director Holman replied he thinks there are to be about 25 to 30

      Councilmember Pflumm stated that park is close to a lot of the City’s other parks.

      Parks and Recreation Director Holman stated when there is a sports field and other
      amenities, people come to look at them, especially on the sports field, because they will
      have soccer teams starving for practice space, football teams from this side of town who
      are now going to Garrett Park and do not know anyone the way out west.

      Councilmember Kuhn suggested as a restroom question comes up on each individual
      park, the Council touch base on it at a later date. She stated of the two parks projects she
      sees anywhere on the CIP, only one of them has a question with the restroom and the
      other one is still a number of years out and they could probably cross that bridge when
      they get there.

      Councilmember Kuhn stated to address some of what City Engineer Wesselschmidt said
      earlier, none of them on the Council are happy, that she can imagine, with the CIP as it is.
      She stated there was something on the CIP that was near and dear to everyone here sitting
      on the Council and near and dear to the people they represent; they very much would like
      to see a CIP plan approval that has 50 more projects on it than this, but they did not have
      the money and that is how they got to this place.

      Councilmember Kuhn stated she can not tell any of them something she hears more
      about, than the western pool. She receives more emails and calls from all of the surveys
      sent out by her to find out what was important to her constituents and building a western
      pool came as number one. But, she recognizes that currently in this budget, there are no
      funds to actually build a community center, so they need to take a step back and look at
      what they can build right now with the funds they have and what they can actually fund
      in the CIP. She stated this is bare bones and bare bones means some of the things are not
      going to be satisfied.

      Councilmember Kuhn stated there are street projects. Mize Rod comes to her mind and
      would be incredibly important to her ward. She would desperately like to see that street
      done and thinks it is vital to the continued growth in Shawnee, but she does not have that
      kind of money in the budget today to cover those additional roads. She thinks what they
      all suggested when they initially did this, is what they have to stick with, and that is this
      is the most they can do, by spending the least amount of dollars right now, and when the
      budget time comes up again next year, step back, reassess, see where they are, and see if
      they can not be blessed enough to do some additional projects.

      Councilmember Kuhn stated at that time, she would be more than happy to take a first
      look at Ward II and is in no way doubting Councilmember Sawyer and feels it is correct
      to say that something that needs to be looked at in that eastern part, but just do not know
      where they are supposed to look for the money for a project like that at this time.

      Councilmember Sawyer stated he is going to take the approach, and rightfully so because
      he puts himself out on the line to get the City budget in line, and this is not the place to
      argue this, but some of these roads are just atrocious in cost. He stated he does not seem
      to get any support from any of the other councilmembers to see if they can drive the cost
      down on any of these streets – it is just a, ‘vote for it because it is for my ward and that is
      what I want’, type of thing.

      Councilmember Sawyer stated the people of Ward II put him here on the Council and
      may well take him out some day, but he is not going to sit here and say he is happy as a
      lark because he is not producing anything for Ward II. He stated he is not built like that
      and that is what he is here to do. He stated he has the right to voice his opinion and will
      voice his opinion every single time he has the opportunity. He stated the older section of
      Shawnee needs to be taken care too and although he knows there are needs in all sections
      of Shawnee, they can not walk away from this section for five or six years, because if
      they do, they will be playing catch up for some time. He stated the City has never caught

      up and got this section of Shawnee up to the standards to maintain the newer part of the

      Councilmember Straub stated he will support Councilmember Sawyer on these streets.
      He stated if Councilmember Sawyer has any ideas on how to save money on the streets,
      he is all for it. He believes the streets need to be put in, in Ward II as well. He thinks
      streets are what bring the people into the City. He is sure every one of them on the
      Council would like to get the streets done for less. He would disagree with
      Councilmember Sawyer’s statement that he does not get any support from any of the
      other councilmembers on these things.

      Chairperson Sandifer stated he is also in support of Councilmember Sawyer.

      Councilmember Sawyer stated he only counts the votes.

      Councilmember Straub stated they were not voting on doing things for less.

      Councilmember Sawyer stated a vote of 7-1 is obvious. He stated he probably did not
      phrase himself correctly. Some of these streets may have their need, but maybe not quite
      as quickly as they are doing them; that is his opinion only.

      Councilmember Straub stated a lot of the streets are development paid, but agrees with
      Councilmember Sawyer on Ward II.

      Councilmember Pflumm stated all the drainage projects are all waited and staff picks
      them and they are voted on by the Council. The County then tells the City if they are
      giving any money on the projects.

      Councilmember Sawyer stated the committee needs to remember they went from about
      $72 million on the night they passed the mill levy and turned right around and popped it
      with $8 million more. He stated they can check the vote, as he did not vote to jump the
      indebtedness up that night. He stated the City is approaching $100 million if they do all

      Councilmember Pflumm, seconded by Councilmember Sandifer, moved to recommend
      the Council forward the first draft of the 2007-2011, 5-year Capital Improvement Plan to
      the Planning Commission for their review.

      Councilmember Sawyer asked if they are sending it to the Planning Commission with a
      recommendation or just for their review.

      Councilmember Pflumm stated the Council does not send anything to the Planning
      Commission for recommendation, unless they have sent something first and it goes back
      to them.

       City Engineer Wesselschmidt clarified they are sending the CIP, as shown, to the
       Planning Commission for their review.

       Therefore the motion read:

       Councilmember Pflumm, seconded by Councilmember Sandifer, moved to recommend
       the Council forward the first draft of the 2007-2011, 5-year Capital Improvement Plan to
       the Planning Commission for their review.              The motion carried 3-1, with
       Councilmembers Pflumm, Sandifer, and Straub voting aye and Councilmember Sawyer
       voting nay.


Councilmember Straub, seconded by Councilmember Pflumm, moved to adjourn. The motion
carried 4-0, and the meeting adjourned at 8:30 p.m.

Minutes prepared by: Cindy Terrell, Recording Secretary


Vicki Charlesworth, City Clerk