City of Shawnee s1

CITY OF SHAWNEE CITY COUNCIL MEETING MINUTES JANUARY 27, 2003 7:30 P.M.

Mayor Allen called the meeting to order at 7:31 p.m. in the Shawnee City Hall Council Chambers. He welcomed the public and all stood and recited the Pledge of Allegiance, followed by a moment of silence.

Councilmembers Present Staff Present Councilmember Pflumm City Manager Montague Councilmember Segale City Attorney Rainey Councilmember Sawyer Assistant City Manager Gonzales Councilmember Goode Public Works Director Freyermuth Councilmember Meyers Planning Director Chaffee Councilmember McGuff Police Chief Clark Councilmember Thomas Fire Chief Hudson Councilmember Newby City Engineer Wesselschmidt Project Engineer Lindstrom Chief Codes Administrator Thompson

Members of the public who spoke were: Item 14 - JEFF BAHNSON, 5802 Lackman, FRANK THOMPSON, 8600 Old Countrylane, DeSoto, JONI PFLUMM, 5803 Bluejacket, PETE HEAVEN, 6021 Earnshaw, RAY HALE, 9405 W. 87th Street, Overland Park, CHARLOTTE HARGIS, 6925 Ballentine (Item 15a), Item 16e - TRACY DAWSON, 12506 W. 70th Street, DAVID MORRIS, 6125 Melrose Lane(Business from the floor), BEN PINEY, 6401 Acuff, WILLIAM H. LINDSLEY, 5745 Rosehill Road, DAN CARR, 13807 W. 51st Street, Business from the floor - DAN GRUSS, 5226 Halsey, and JOANN BRANSON, 618 Pier Street, Manhattan, Item 17 - JERRY JOHNSON, Shafer, Kline & Warren, Inc., 11100 W. 91st St, Overland Park.

CONSENT AGENDA

1. APPROVE MINUTES FROM THE CITY COUNCIL MEETING OF JANUARY 13, 2003.

2. APPROVE MINUTES FROM THE PUBLIC WORKS AND SAFETY COMMITTEE MEETING OF JANUARY 21, 2003.

3. REVIEW MINUTES FROM THE PLANNING COMMISSION MEETING OF JANUARY 6, 2003. PAGE 2 CITY COUNCIL MINUTES JANUARY 27, 2003

4. CONSIDER RESOLUTION FOR THE ENLARGEMENT OF CONSOLIDATED MAIN SEWER DISTRICT FOR THE GENERAL VICINITY OF JOHNSON DRIVE AND CHOUTEAU STREET.

Having passed, Resolution 1342 was assigned.

5. CONSIDER RESOLUTION FOR THE ENLARGEMENT OF CONSOLIDATED MAIN SEWER DISTRICT FOR THE GENERAL VICINITY OF 49TH STREET AND STEARNS.

6. CONSIDER RESOLUTION FOR THE ENLARGEMENT OF CONSOLIDATED MAIN SEWER DISTRICT FOR THE GENERAL VICINITY OF 48TH STREET AND QUIVIRA DRIVE.

7. CONSIDER DATA ACCESS LICENSE AGREEMENT AMENDMENT BETWEEN THE CITY OF SHAWNEE AND JOHNSON COUNTY.

8. CONSIDER CHANGE ORDER NO. 2 AND FINAL FOR PERIMETER PARK PIPE REPLACEMENT.

The contract was awarded to Pyramid Excavation and Construction, Inc., Shawnee, Kansas, on November 12, 2002, in the amount of $33,360. This change order reflects a net increase of $979. The new contract amount for this project is $39,687.

9. CONSIDER CHANGE ORDER NO. 2 FOR THE WOODLAND DRIVE RECONSTRUCTION, 47TH STREET TO SHAWNEE MISSION PARKWAY, P.N. 3254.

The contract was awarded to Miles Excavating, Inc., Basehor, Kansas, on May 24, 2001, in the amount of $7,250,038.71. This change order reflects a net increase of $193,115.99. The new contract amount for this project is $7,586,868.25.

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

MAYOR’S ITEMS

Mayor Allen acknowledged Boy Scout Troops 93, 152, 162, and 351.

PUBLIC ITEMS JANUARY 27, 2003 CITY COUNCIL MINUTES PAGE 3

10. CONDUCT PUBLIC HEARING TO CONSIDER AN ORDINANCE AUTHORIZING THE AMENDMENT OF THE TRUST INDENTURE, TO LOWER THE INTEREST RATE, RELATING TO $4,200,000 AGGREGATE PRINCIPAL AMOUNT OF PRIVATE ACTIVITY REVENUE BONDS, SERIES 1996 AND SERIES 1999 (KRAFT TOOL COMPANY PROJECT).

Mayor Allen stated that the Kraft Tool Company has, with the approval of UMB Bank, owner of the bonds, requested that the City authorize an amendment to the Trust Indenture to lower the interest rate on outstanding bonds originally issued in 1996 and $1,000,000 in 1999.

Councilmember Goode, seconded by Councilmember Meyers, moved to conduct a public hearing to consider an ordinance authorizing the amendment of the trust indenture to lower the interest rate, relating to $4,200,000 aggregate principal amount of private activity revenue bonds, Series 1996 and Series 1999, Kraft Tool Company Project. The motion carried 8-0.

Councilmember Segale asked if the purpose of this item is to let the business get a lower interest rate.

Mayor Allen answered yes. He said it does not change any of the abatement that the City issued on these bonds.

City Attorney Rainey said these were private activity bonds. They are all owned by U.S. Bank. The bank and the company have agreed to lower and reduce the interest rates. He said the public hearing and ordinance are required for that purpose.

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

Councilmember Goode, seconded by Councilmember Segale, moved to pass an ordinance authorizing the amendment of the trust indenture to lower the interest rate, relating to $4,200,000 aggregate principal amount of private activity revenue bonds, Series 1996 and Series 1999, Kraft Tool Company Project. The motion carried 8-0. Having passed, Ordinance 2656 was assigned.

11. CONSIDER THE FOLLOWING ITEMS FROM THE PLANNING COMMISSION MEETING OF JANUARY 6, 2003.

a) Consider FP-7-03-01, final plat for Shawnee West Office Park, 1st Plat, for one lot in the 21600 block of Midland Drive.

Mayor Allen stated that the Planning Commission recommended 7-0 that Council accept the dedications on FP-7-03-01. PAGE 4 CITY COUNCIL MINUTES JANUARY 27, 2003

Councilmember Goode, seconded by Councilmember Segale, moved to accept the dedications on FP-7-03-01, final plat for Shawnee West Office Park, 1st Plat, for one lot in the 21600 block of Midland Drive, subject to the Planning Commission’s recommendations listed in the January 27, 2003 staff report. The motion carried 8-0.

b) Consider FP-8-03-01, final plat for Hills of Forest Creek, 2nd Plat, for 63 lots in the 21200 block of Clear Creek Parkway.

Mayor Allen stated that the Planning Commission recommended 7-0 that Council accept the dedications on FP-8-03-01.

Councilmember Sawyer, seconded by Councilmember Segale, moved to accept the dedications on FP-8-03-01, final plat for Hills of Forest Creek, 2nd Plat, for 63 lots in the 21200 block of Clear Creek Parkway, subject to the Planning Commission’s recommendations listed in the January 27, 2003 staff report. The motion carried 8-0.

12. CONSIDER THE FOLLOWING ITEM FROM THE PLANNING COMMISSION MEETING OF JANUARY 22, 2003.

a) Consider FP-6-03-01, final plat for Buffalo Ridge, 1st Plat, for one lot in the 22100 block of Midland Drive.

Mayor Allen stated that the Planning Commission recommended 7-0 that Council accept the dedications on FP-6-03-01.

Councilmember Goode, seconded by Councilmember Segale, moved to accept the dedications on FP-6-03-01, final plat for Buffalo Ridge, 1st Plat, for one lot in the 22100 block of Midland Drive, subject to the Planning Commission’s recommendations listed in the January 27, 2003 staff report. The motion carried 8-0.

13. CONSIDER S-4-03-01, A SIGN VARIANCE REQUEST FOR CAPITOL FEDERAL SAVINGS AND LOAN AT 22400 MIDLAND DRIVE.

Mayor Allen stated that the sign variance is for color.

Councilmember McGuff, seconded by Councilmember Goode, moved to approve S-4- 03-01, a sign variance for color for Capitol Federal Savings and Loan at 22400 Midland Drive. The motion carried 8-0.

14. CONDUCT PUBLIC HEARING TO CONSIDER APPROVAL OF AN ORDINANCE PROVIDING FOR THE VACATION OF THE ALLEY IN BLOCK 17, THE ORIGINAL TOWN OF SHAWNEE, AND AN ORDINANCE PROVIDING FOR THE VACATION OF THE RIGHT-OF-WAY FOR JANUARY 27, 2003 CITY COUNCIL MINUTES PAGE 5

BALLENTINE AVENUE (SECOND STREET) BETWEEN 58TH STREET AND JOHNSON DRIVE.

Mayor Allen stated that a petition was submitted by Charles W. Sedgwick, Board of Trustees Chairperson for the Shawnee United Methodist Church, requesting the vacation of the above-referenced public rights-of-way. The Planning Commission has reviewed the request and recommends vacating the alley on the north side of the Church, but did not recommend the vacation of the right-of-way for Ballentine Avenue.

Councilmember Goode, seconded by Councilmember Sawyer, moved to conduct a public hearing to consider an ordinance providing for the vacation of the alley in Block 17, the original town of Shawnee, and an ordinance providing for the vacation of the right-of- way for Ballentine Avenue (second street) between 58th Street and Johnson Drive. The motion carried 8-0.

City Engineer Wesselschmidt presented a transparency of the area and reviewed the January 23, 2003 staff report. He said that the Engineering staff felt the vacation of Ballentine Avenue between 58th Street and Johnson Drive has the potential for poor policy regarding the vacation of public streets that provide access to other citizens and property owners.

JEFF BAHNSON, 5802 Lackman, stated he is representing the Shawnee United Methodist Church. He presented a map of the site and described the area. He mentioned the church was started in 1863 with three friends that started a Sunday school class. He said that Planning Director Chaffee stated at the Planning Commission meeting that the vacation would not serve as any benefit to the public. He stated that is a misconception of the church. There are many other organizations that use the church on a regular basis. There are over 400 families that belong to the church. He said the church is outgrowing their space and they need parking. The church’s options include buying land, building a two-story parking facility, and moving the whole church to western Shawnee. They feel the only feasible answer to provide more space is to vacate Ballentine.

JEFF BAHNSON stated because of the pre-school, the church really needs a playground. He said they can not give up parking for a playground. He indicated they would have enough room for parking and a playground if they could vacate Ballentine. He mentioned that a 24-hour traffic report on Ballentine indicated, from 3:00 p.m. on Thursday, January 23 to 3:00 p.m. Friday, January 24, 2003, there were 124 vehicles that used that street. He said there were 80 people, seven different groups that used the church Thursday night. Six of the groups were not church related; they were community related. The public uses the church facilities. The engineering report indicates that up to 300 vehicles on any given day would use the streets. He pointed out that Goddard, which is a collector street, is on the CIP for the year 2006. Any traffic that does not go there, which a lot of the traffic is from the church, would be diverted to what is considered a major street. He would contest that the extra traffic could be handled on Goddard. PAGE 6 CITY COUNCIL MINUTES JANUARY 27, 2003

JEFF BAHNSON stated one of the concerns came from K.C. Trends who needs access along the street for semi-trailers. He said the church can work with that if that is the only concern. He indicated that there has been a ton of accidents at this intersection. To vacate Ballentine and have Goddard as the main thoroughfare could create more accidents. It is a dangerous intersection because visibility is bad. He said the church considers itself a public facility, and for the church’s growth, they would like to appeal to Council to vacate this alleyway and Ballentine for the betterment of the community.

Councilmember Segale asked what the parsonage is used for.

JEFF BAHNSON stated in the past, ministers have used the parsonage for years to live in, but currently the church is using the parsonage for storage. He said the current Minister owns his own home, but about every four or five years in the Methodist Church the minister moves so the parsonage will be used for another minister.

Councilmember Segale asked if the church had explored the option of moving the house to extend the parking lot. He said if a business had the same request, that business would need to acquire the ground to get sufficient parking.

JEFF BAHNSON stated he can go back to the church and present that option, but the parsonage is used for ministers. Financially, it would not make sense for the church to do that.

Councilmember Segale stated taking a house away would be more realistic than building a parking structure. He said he could not support this item. He indicated the church is a great facility, but he can not support vacating a public street so the church can extend their parking facilities and a playground. He said for the sake of unity, and the way this older part of the City has been set up with these grid streets, he can not support vacating it.

Councilmember Sawyer asked if the State would not allow the church to take children across the street to a playground.

JEFF BAHNSON answered correct.

Councilmember Sawyer stated people will continue to use that street whether it is vacated or not because it connects to the south.

JEFF BAHNSON stated the studies for traffic indicate that there is not a significant amount of traffic that uses that street.

Councilmember Pflumm asked if the church would block that.

JEFF BAHNSON answered yes. He said the engineers have not seen any drawings on what it is going to look like if they do this. He indicated before they spend money for an JANUARY 27, 2003 CITY COUNCIL MINUTES PAGE 7

architect, he would want the City Council to at least suggest that it would be a possibility they would like to look at in the future.

Councilmember Pflumm asked if Mr. Bahnson was aware of any of the property owners opposed to it on the north end.

JEFF BAHNSON stated one of the residents does not have any opposition to the vacation, but he did not know about the rest of the property owners.

Mayor Allen stated he was contacted by the property owner across from the parking lot along Goddard.

Councilmember Thomas stated using a bus to shuttle from another location to the church could be an option. She said they would be taking away the rights of citizens to drive on the streets if they vacate Ballentine. She indicated she did not support vacating Ballentine. She noted that there are many solutions the church can look at.

FRANK THOMPSON, 8600 Oak Countrylane, DeSoto, stated he owns the building that K.C. Trends is in and he is opposed to closing Ballentine because that would close his alley. If Ballentine is closed, and he has a semi on Bluejacket trying to back in that alley, he will end up tying up traffic there. He said when he purchased the land, the alley was a feature he wanted because he would have access in and out both ways. He noted there will be a problem on Bluejacket if they close Ballentine.

JONI PFLUMM, 5803 Bluejacket, stated her house is north of K.C. Trends. She said she is opposed to the petition that Shawnee United Methodist Church has submitted and she has expressed those concerns in a telephone conversation she had with Mr. Sedgwick. Her first concern is that of drainage. The church built the parking area on the west side of Ballentine which caused increase in runoff of rain water down the alley between her property and Mr. Thompson’s property, as well as the drainage ditch that runs down 58th Street. If this vacation is allowed, and the church added more paved area, it would only add to that runoff. She mentioned she spoke with the lady that lives east of her who the church says will donate her home. She indicated this lady is concerned what is going to happen to her house. She said she is also concerned about increased traffic. If Ballentine is vacated, the traffic will be directed to either Goddard or Bluejacket. She said Goddard is scheduled for improvement in 2006, but Bluejacket is not scheduled for improvement in the foreseeable future. She stated she does not understand how a property owner can request vacating a street that has continuous traffic on a daily basis.

PETE HEAVEN, 6021 Earnshaw, stated this is a pathetic suggestion for good land use planning. He said he has been doing right-of-way vacations either as a City Attorney or as a private practitioner now for 25 years. There are two types of right-of-way that should be abandoned or vacated. One is when right-of-way has fallen into disuse and the other is when right-of-way can not be improved. He said this request falls into neither. This is an active roadway and one of the few streets in old Shawnee that actually runs north and south of Johnson Drive. Ballentine, north of the church, goes through to PAGE 8 CITY COUNCIL MINUTES JANUARY 27, 2003

Shawnee Mission Parkway with one jog. There are only three other streets that allow that: Nieman, Flint, and Quivira. He indicated that the City should be very sensitive to precedent. This is a very dangerous precedent they are looking at tonight.

RAY HALE, 9405 W. 87th Street, Overland Park, stated he is neither a member of the church or a citizen of Shawnee, but he is a member of a 12 step group that meets in the church. He said this church does a lot of good for the community because of all the services provided at the church. He indicated that this is not just a daytime problem. He has been at the church in the evening and both of their parking lots have been so overflowed that people had to park on Ballentine, Goddard, and Johnson Drive.

Mayor Allen stated there is no disagreement that the church is a tremendous asset to the community.

Councilmember Segale stated this is not about disliking the church or not placing value on the church. He said his opposition is purely on the grounds of public policy and from a transportation disbursement standpoint. There is not any public policy that would support the vacation of this street.

Councilmember Sawyer asked if the alley west of Ballentine has already been vacated.

City Engineer Wesselschmidt stated that is correct.

Councilmember Sawyer asked if they could shut that off or do they have a long-term agreement.

City Engineer Wesselschmidt stated it is a long-term agreement. He said he wanted to bring that up to show what the status of all right-of-way and alleys are. The only issue this evening is the alley between Goddard and Ballentine, and Ballentine between 58th and Johnson Drive.

Councilmember Sawyer asked if the other alley has a long-term agreement where the business to the west of it can use it forever.

City Engineer Wesselschmidt stated correct. He said it is an access easement between one property owner to another property owner and their heirs and successors.

FRANK THOMPSON stated they have been granted access to the half to the east. The alley behind his building and Joni Pflumm’s home was never closed.

Mayor Allen stated there is a recorded easement that allows the access.

City Attorney Rainey stated that is his understanding, but he can check on it. JANUARY 27, 2003 CITY COUNCIL MINUTES PAGE 9

Councilmember Sawyer stated he was talking about the half block alley on the south end of the church’s parking lot. His concern is that Mr. Thompson has access to that even though it was vacated.

FRANK THOMPSON answered yes.

City Engineer Wesselschmidt stated the west half of that block exists, the east half had been vacated, but there is an access easement to the property owners to the west.

CHARLOTTE HARGIS, 6925 Ballentine, stated she is a member of that church. She said she thinks a couple of blocks were vacated for St. Joseph Church so the playground was adjacent to the church. She said Council should give this item some more thought.

Councilmember Segale stated the issue is if they say yes to one group, when would they stop. He asked if it would be first come first serve. If everyone gets their streets closed off, then the odd man out gets nothing. He said that is not a fair way to run the government.

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

Councilmember Goode, seconded by Councilmember Thomas, moved to pass an ordinance providing for the vacation of the alley in Block 17, the original town of Shawnee. The motion carried 8-0. Having passed, Ordinance 2657 was assigned.

Mayor Allen stated that the Governing Body is willing to look at other alternatives and to work with the church to solve their parking crisis. They do want that church to remain in the area, and anything the City can do to assist to achieve a win, win situation for the church and the City, the Governing Body will be willing to work with.

COUNCIL ITEMS

15. CONSIDER THE FOLLOWING ITEM FROM THE FINANCE & ADMINISTRATION COMMITTEE MEETING OF JANUARY 7, 2003.

a) Consider Financial Incentives Policy.

Chairperson Meyers stated that the Committee recommended 3-1 that Council approve the revisions, as shown in the packet, to Policy Statement 21, (PS-21) Financial Incentives Policy, with the primary change that the amount of abatement offered be based on the size and the type of the project.

Councilmember Thomas suggested one amendment on page 105, the second to the last line, to delete “2002” and replace it with the word “current”. It would say “must be a targeted industry as identified during the Governing Body’s current economic development strategic planning process.” She said that way, every year PAGE 10 CITY COUNCIL MINUTES JANUARY 27, 2003

they will update the target list but they would not have to keep revisiting the policy.

Councilmember Sawyer asked if Council approves this item, they are not going to come back here and say we need to make it 100% for this.

Councilmember Thomas answered no. She said the only thing that would change is if it became necessary to place a particular industry on the target list. The targets could be changed every year. She indicated they would not be changing the incentive numbers every year.

Mayor Allen stated their intent is to stay within the guidelines of the City. He does not have any authority to vary from that.

Councilmember Goode stated if an exception has to be made for a specific institution, he is going to be one of the people that would make an exception even though they may pass this item tonight.

Councilmember Segale stated he thinks the City is being too generous. He said they are dispensing a cure for a problem. They want to get more commercial development in the City, but he did not think they understood the causes of the problem. He indicated that he thinks there is a lot more work and he has a lot more expectations of the activities of what the SEDC is going to be doing in terms of marketing Shawnee. A unified marketing plan would be developed and work done on enhancing the image of this community as opposed to just dispensing tax abatements. He said he hopes they do have to change this in a year because they have been so successful. If they had this kind of a policy in place, and there was a tremendous amount of development going on for a number of years, they would undercut the tax base to where it would not be something that would be sustainable. This is something they are doing to attract business in these economic times, but is it something they can sustain and will have to change in the future. This is only a small part of what they are trying to achieve.

Councilmember Meyers stated staff and Council agreed in a meeting that they wanted to go forward with seeing if this would bring added attraction to Shawnee. He has always looked at any type of abatement on a case by case basis and will continue to do that. He indicated he would be willing to look at different numbers. They should provide the opportunity to see if this will help Shawnee out. He thinks they have the opportunity to always correct anything that could be a problem in this area.

Councilmember Sawyer stated his concern is that they have to be flexible with these numbers. He said this is one of the tools that SEDC asked for along with the rest of the tools listed there, and it is high time they are held accountable. JANUARY 27, 2003 CITY COUNCIL MINUTES PAGE 11

Councilmember Thomas stated this would not undercut the tax base. This is building the tax base by bringing in more businesses so that they can bear the brunt, and the City would not have to raise property taxes on homeowners.

Councilmember Segale asked what City Manager Montague’s opinion is on whether Shawnee could sustain this over an extended period of time with lots of development.

City Manager Montague stated once the City has achieved the level wanted, to go beyond that would not be productive for the City. At a certain point this would not be a sustainable policy. He said that point is some time out in the future.

Councilmember Thomas stated the policy says they are going to do this until December 2008 or until such time that the commercial portion of the Shawnee property tax base reaches 35%. She asked what percent Shawnee is at now.

City Manager Montague replied about 28%.

CHARLOTTE HARGIS, 6925 Ballentine, stated she does not have a copy of the study from SEDC on the results of the last tax abatement that was passed so she does not know how Council can vote on this item until they look at the history. She has strong objections to it. She said we pay the SACC to run this for us and we don’t even have a report on what they have accomplished to date. She indicated this most definitely starves the schools.

Councilmember Newby stated there would be value in the SEDC or others preparing some reports. He noted that he did ask that City staff prepare something related to the Hampton Inn. He said in 2002 they received Shawnee tax abatement of $25,000, but they generated more sales tax in that year than they did in the property tax. In that situation, their abatement was 100%; they still generated more, then going on top of that with their occupancy tax, which then generated another four, soon to be five. The City netted $108,000 out of that for the year and that does not speak to the payroll taxes, employment, and the benefit to the community by having the hotel. He indicated there is value in getting more reports. He was pleased to see that in a very extreme situation, the City really benefits from having these abatements.

Councilmember Pflumm, seconded by Councilmember Newby, moved to approve the revisions, as shown in the packet, to Policy Statement 21, (PS-21) Financial Incentives Policy, with the primary change that the amount of abatement offered be based on the size and the type of the project, and replace 2002 with the word current. The motion carried 8-0.

16. CONSIDER THE FOLLOWING ITEMS FROM THE PUBLIC WORKS & SAFETY COMMITTEE MEETING OF JANUARY 21, 2003. PAGE 12 CITY COUNCIL MINUTES JANUARY 27, 2003

a) Consider petition to dedicate private streets in the Tanglewood subdivision to the City of Shawnee.

Chairperson McGuff stated that the Committee recommended 4-0 that Council affirm the position taken in their 2003 Legislative Program which reads: “Kansas State Statute K.S.A. 12-6a01 allows cities to form special assessment districts to construct improvements on public right-of-way and assess all or some part of the cost of the improvements to the property owners receiving the benefit of the improvements. This statute is limited to improvements constructed on public property.

Councilmember Sawyer, seconded by Councilmember Goode, moved to affirm it is the position of the City of Shawnee that K.S.A. 12-6a01 should be modified appropriately to allow the use of an assessment district to pay the cost to improve or maintain private streets.” The motion carried 8-0.

b) Consider enforcement of erosion control.

Chairperson McGuff stated that the Committee recommended 4-0 that Council direct staff to keep Council appraised on a regular basis of the status of the erosion control program.

Councilmember Newby, seconded by Councilmember Goode, moved to direct staff to keep Council appraised on a regular basis of the status of the erosion control program. The motion carried 8-0.

c) Consider proposed policy statement for annual curb and gutter and sidewalk repair program.

Chairperson McGuff stated that the Committee recommended 4-0 that Council approve the proposed Policy Statement (PS-11) for the Annual Curb, Gutter and Sidewalk Repair Program.

Councilmember Pflumm asked about the minimum distance between repairs.

Public Works Director Freyermuth stated if the damaged areas were so close, they would make it one repair as opposed to two. He said if it were 5 foot apart, they would combine it into one single repair.

Councilmember Pflumm asked if the cost is done in a linear foot regardless of the distance of the repair.

Public Works Director Freyermuth answered correct. He said the way they did the contract is per linear foot of curb replaced. It would not matter whether it was 5 foot, 100 foot, or whatever the case might be. He indicated that those are listed JANUARY 27, 2003 CITY COUNCIL MINUTES PAGE 13

in the contract as it is bid so the contractor has some knowledge of how many large and small sections there are.

Councilmember Pflumm stated a lot of people have expressed to him that they have a very short repair section of curb and then another repair section. He said they should think about that distance.

Mayor Allen stated they need to have a cutoff and standard. He said 5 foot is based on engineering standards which is probably appropriate. He indicated if they stretch that out, the curb that really does need to be replaced would be put down further. He noted the policy is indicating the City’s guideline on where they would stop on replacing curb.

Councilmember Pflumm stated they may want to look at the four or five lane roads such as Nieman or Shawnee Mission Parkway.

Councilmember Sawyer, seconded by Councilmember Goode, moved to approve revisions to the Policy Statement (PS-11) for the Annual Curb, Gutter and Sidewalk Repair Program. The motion carried 8-0.

d) Consider proposed policy statement for the annual street resurfacing program.

Chairperson McGuff stated that the Committee recommended 4-0 that City Council approve the proposed Policy Statement (PS-46) for the Annual Street Resurfacing Program.

Councilmember Sawyer, seconded by Councilmember Segale, moved to approve the Policy Statement (PS-46) for the Annual Street Resurfacing Program. The motion carried 8-0.

e) Consider the speed watch program.

Chairperson McGuff stated that the Committee recommended 4-0 that the City Council approve going forward with the Speed Watch Program.

Councilmember Newby, seconded by Councilmember Segale, moved to approve the Speed Watch Program.

TRACY DAWSON, 12506 W. 70th Street, stated he is opposed to this amendment. He considers himself an expert on speeding. His six year old son was killed by a speeder in the City of Shawnee. He thinks this is a waste of taxpayers’ time and money. Anyone who considers the police officer’s efforts at writing speeding tickets to be demeaning to the police officer needs to come see him. He said the City does not need to be spending money on citizens with radar units. The City needs that $10,000 to go to the Police Department to help the police force to enforce the speed laws. PAGE 14 CITY COUNCIL MINUTES JANUARY 27, 2003

Councilmember Segale stated these are radar units that the police have in surplus. The program will let residents that have applied use those units to supplement the police. He said citizens will not be writing tickets. They will be doing a monitoring activity with a device that is accurate. He said this is a good use of the police resources. If there are speeders in neighborhoods, the police can be sent out to write tickets. He said he supports this item.

Councilmember Meyers asked that the police staff give a presentation.

Police Chief Clark stated the speed watch program would be another tool that the Police Department could use to deal with speed complaints in residential areas. It is a totally voluntary program. It is an opportunity for the Police Department to work in cooperation with the community. The Police Department is not opposed to writing tickets. Tickets in the year 2002 were up 30% from 2001.

Councilmember Sawyer asked if the Police Department had four units that would be used for this program.

Police Chief Clark stated yes, four radar units.

Councilmember Sawyer asked if this would be coming out of the Police Department budget.

Police Chief Clark stated these are old radar units that the patrol officers used to use. In this year’s budget, the Police Department purchased some new handheld radar units which replaced the old outdated radar units.

Councilmember Sawyer asked if they were allocating $5,000 to $10,000 for this program.

Police Chief Clark stated there is no additional money needed for the Speed Watch Program.

Councilmember Sawyer stated this program would cost the Police Department some extra time to train the volunteers.

City Manager Montague stated the $5,000 to $10,000 is not additional costs, but there is a cost to this program in terms of the administrative cost of the police officers that will be participating.

Councilmember Newby stated he supported this item because of the community involvement aspects of this. He asked about the assurance of privacy. He asked if they would be tracking the individuals that receive the letters. JANUARY 27, 2003 CITY COUNCIL MINUTES PAGE 15

Police Chief Clark stated the only intention on the part of the Police Department will be to send letters out as a courtesy. He said there is really nothing more they can do with them.

Councilmember Newby asked if the Police Department would be tracking people by the letters.

Police Chief Clark answered no. He said they would keep a record of the letters sent out to document the activity by the Police Department.

Councilmember Thomas asked if the volunteers would only be working in 25 m.p.h. residential zones.

Police Chief Clark stated they will also be in 30 m.p.h. residential areas.

Councilmember Thomas asked if the radar gun would be fixed so that it would not go off unless it is 10 miles over the limit.

Police Chief Clark answered no. He said the radar units record the speed of the vehicle. It will be up to the person using the radar unit to only record those vehicles that are going at least 10 m.p.h. over the speed limit.

Councilmember Thomas asked if the volunteers would be working in teams of two.

Police Chief Clark answered yes. He said one person will be using the radar unit and one person will be recording license plate numbers.

Councilmember Thomas asked would a letter be generated if they did not record the license plate number correctly.

Police Chief Clark answered they would make an effort to see that the registration information for that license plate number matches the vehicle description on the log that is kept. If they don’t match, they would not send the letter.

Councilmember Thomas asked if responsible boy scouts could work with the adults.

Police Chief Clark answered yes.

Councilmember McGuff asked would there be any liability on the City if the two volunteers were in a car, in their driveway, or in front of their house, if something were to happen in the process of running the radar. He said what if there was a situation where the speeder saw that the volunteers had the radar gun and got irritated and there was a confrontation. He asked would there be any liability on the part of the City. PAGE 16 CITY COUNCIL MINUTES JANUARY 27, 2003

City Attorney Rainey stated he did not believe that there would be any unusual liability. As far as the individuals participating in the program are concerned, the City has considered that. The participants will sign a waiver, release, or an agreement that they acknowledge they understand any conceivable risks in agreeing to participate in the program and waive any claims against the City. That is not an absolute protection if something happens in which the City was negligent. There could be circumstances in which the City could have a claim made against them just as with anything else. He said he did not see any unusual risks that the City would have, nothing that would create an extraordinary liability or strict liability on the part of the City.

City Attorney Rainey stated that a waiver signed in advance of something happening may not in all instances be controlling, but it certainly puts them on notice that they are not an employee, agent, or officer of the City, and they are not covered by any City insurance program. The City would not have any liability for their actions, nor would they have any claim against the City under any circumstances that he can think of, no more than anyone else might happen to have a claim against the City if something happened if they were injured in some way. He said he did not see any unusual risk at all that the City would need to be concerned about.

Councilmember McGuff asked if this program would be for a limited period of time.

Mayor Allen stated first of all with any program the City gets involved in, if after a reasonable amount of time the program needs to be reviewed because it is not working, or changes need to be made, staff could bring the item back before Council and the program could be adjusted or if there are significant problems implementing this, then possibly the program could be dropped. The initial observation would be this would be on a trial basis. If there are problems they would try to adjust it. If it cannot be adequately addressed, that would be something the City would look at.

Mayor Allen stated the City of Lenexa has a similar program they have been doing for the last five years, but it is not exactly the same program Shawnee is proposing. He said staff should follow-up and see what the City of Lenexa is doing.

Councilmember Meyers stated over the years, the City has had many complaints about speed throughout the City in all areas. He said the City of Shawnee does not have a big enough police force to handle every situation. This program will allow residents to be involved and provide the Police Department with written justifiable feedback that they could probably use to their advantage. Information that was received through other cities that have done a similar program was that JANUARY 27, 2003 CITY COUNCIL MINUTES PAGE 17

many times they found residents who said there is not as much speeding taking place as they originally thought.

Councilmember Pflumm stated he is also in favor of this program. He said the program might be a good way to help the Police Department to identify areas within the City that do have a speeding problem and then allow the police officers to take action after errors have been identified.

Councilmember Sawyer stated whether it is 90 or 120 days, he would like for Council to receive a report on how the program is working and helping the community along with the Police Department.

Councilmember Goode stated he has never had so much verbal opposition to one subject. He said people said they would be creating another big white elephant, that the Police Department would need extra clerical help, and there would be extra expenses. He indicated it will take money because you don’t do anything for nothing. He noted that he would support the program on a trial basis, but if it does not work out, he will be one of the first people they will hear from. There could be a lot of problems, but he is willing to give it a try.

Councilmember McGuff stated he would like to see the program done on a trial basis.

Councilmember Newby stated he would be glad to amend the motion to 120 days which would be the end of May 2003. They could ask for a report on the status of the program at the June 17, 2003 Public Works and Safety Committee meeting.

Councilmember Newby, seconded by Councilmember Segale, amended the motion to include to direct staff to give a report on the status of the program at the June 17, 2003 Public Works and Safety Committee meeting.

DAVID MORRIS, 6125 Melrose Lane, asked if the City is not going to keep records of the people who are speeding, what is the advantage of having the radars.

Mayor Allen stated a letter that stated the vehicle was observed speeding would be sent to the person. He asked, if there was a particular problem in a neighborhood with speeding, would a police officer then go into that area and give enforcement where regular tickets would be written.

Police Chief Clark stated what frequently happens in these residential areas is people contact the Police Department and say they have speeders up and down the street all the time. The Police Department has the traffic officers do enforcement and they will spend 1/2 hour to one hour at the location and find no speeders to write tickets for. In effect, it is not a productive use of those officers. They would use this similar to how the Police Department uses the speed trailer. With PAGE 18 CITY COUNCIL MINUTES JANUARY 27, 2003

the information that comes back, they can track how many violations occurred over a specified period of time, and if it looks like there is a significant speeding violation or problem at that location, they would send a police officer out to write tickets which would be a more sufficient use of their time and effort.

DAVID MORRIS stated he is also concerned that they have not looked at all the possible ramifications of this program. The fact that people feel threatened by the fact someone is pointing a radar at them. There is nothing that says his neighbor and him could not collude, or if there is someone in their area they don’t like, they can find out their license tag number and be a harassment to them.

Mayor Allen stated that is a valid concern. One of the things they should look at is if all of a sudden somebody had listed the same vehicle several times that situation would have to be identified in the program.

DAVID MORRIS stated there are a lot of concerns about zoning violations. He asked if the City would start handing out video cameras to residents and have them video taping in the back or front of peoples’ yards.

Mayor Allen stated on zoning violations, the City receives those complaints by adjacent neighbors anyway. He said there are reservations with this program. This program has been done in other places successfully. The goal of this program is to have people in residential areas obey the speed limit.

Councilmember Segale stated he sees this program as an extension to a Neighborhood Watch Program. He said the Neighborhood Watch Program is not a violation to anybody’s privacy. If the program does not work, the City will get rid of it, and there would be no loss.

BEN PINEY, 6401 Acuff, stated he has a pickup truck that he has lent to neighbors to move stuff. He asked what would happen if he got a letter because one of the neighbors used his pickup and was speeding and caught by one of those radar guns. He asked how they would distinguish who was driving the vehicle.

Councilmember Meyers stated that letter will mean nothing. It will not be kept on record against a person.

BEN PINEY stated the Police Chief said they would keep those on record.

Councilmember Meyers stated the Police Department will keep track of the number of people that speed over 10 m.p.h. in a particular location. If the Police Department sees there are over 20 incidents of speeding at a particular time, they will be able to use that data to place a police officer at that location at the time it occurred and see if they can be helpful in getting people to slow down. JANUARY 27, 2003 CITY COUNCIL MINUTES PAGE 19

Councilmember Newby stated he thought the Police Department was going to keep copies of the letters.

Police Chief Clark stated the letters will be computer generated so his intentions were that the letters would probably be archived in some location. He said keeping intelligence data on a citizen whose vehicle has been used speeding on four or five different occasions would really not benefit the Police Department. He indicated the Police Department would not be sending out an officer to watch a person and try to catch them speeding. The only way this would come back on a person so to speak would be if they had evaluated an area and decided police officers should be sent out to write tickets. If that person was speeding while the officer was there, then they would get a ticket. He noted it would not be because they were targeting an individual based on prior letters sent out.

Councilmember Sawyer asked what is the number of incidents that might occur in the same area before the police officer would be evaluating the area for speeding.

Police Chief Clark stated that would be left to the discretion of Police Sergeant Doug Orbin.

Councilmember Sawyer stated if the letter is archived in a computer, then there would be a record. He thought the program would be great to try, but he did have some reservations about how the City would use the information.

Police Chief Clark stated if Council has strong feelings about the keeping of these letters, the Police Department would certainly be amenable to the possibility of just mailing out the letters and deleting any reference to the letters in the computer files.

Councilmember Sawyer asked if the volunteers would be out on major streets.

Police Chief Clark answered no.

BEN PINEY stated people slow down when they see a police car. He said he is still concerned that there may be a person who has a vendetta against another neighbor who would send a letter.

WILLIAM H. LINDSLEY, 5745 Rosehill Road, stated he thought the Governing Body should request from the Police Chief the timeframe to be absolute and to determine the cost of each letter and radar gun.

DAN CARR, 13807 W. 51st Street, stated there has been one person killed directly in front of his house by a speeder. He said he is opposed to this program because of the data collection side of the operation. He indicated he has a lot of law enforcement people he works with every day, they collect data; that is their job. If the Police Department does a mail merge, he would like to see the PAGE 20 CITY COUNCIL MINUTES JANUARY 27, 2003

database when it is created; see how it is maintained, and how it is distributed amongst other organizations. The other issue is the liability issue. If someone gets hurt in a car even though the City has the person sign the waiver, that is the City’s equipment and the City would be liable.

Councilmember Newby, seconded by Segale, moved to amend the amendment to the motion to also include once the letters have been mailed, that the letters be purged.

Therefore the motion read: Councilmember Newby, seconded by Councilmember Segale, moved to approve the Speed Watch Program, and to direct staff to give a report on the status of the program at the June 17, 2003 Public Works and Safety Committee meeting, and once the letters have been mailed, that the letters be purged. The motion carried 7-1, with Councilmembers Pflumm, Segale, Sawyer, Goode, Meyers, Thomas, and Newby voting aye, and Councilmember McGuff voting nay.

BUSINESS FROM THE FLOOR a) Tax Abatements.

DAVID MORRIS, 6125 Melrose Lane, stated on the abatement issue, he has a concern that it will be leaning towards the western part of Shawnee. He said we have a real problem on the east side of Shawnee and need to get some office buildings and that kind of stuff here.

Councilmember Sawyer stated they have the option of using it in this end of Shawnee if they want, but actually the plan they passed two weeks ago is much more liberal than using this. He said the redevelopment program is more lucrative to them.

Councilmember Thomas stated it is weighted to eastern Shawnee, 90%, only in the downtown.

DAVID MORRIS asked if that is on the additional improvements for those kinds of things.

Mayor Allen stated there would be new construction also. He said they have been involved in discussions on three different projects along Shawnee Mission Parkway at three different sites that are in different stages of proposing projects that are aware of this program.

Councilmember Segale stated he brought it up last time they discussed these incentives and he still has those concerns, but he is going along with the majority. Until you get to where you increase the value by 500% or more of the existing property with a neighborhood revitalization, they really don’t get above where we are with green field development. People who are looking to do development here are looking to do it here JANUARY 27, 2003 CITY COUNCIL MINUTES PAGE 21

for a reason, and if Shawnee has incentives that match what they are in green field, which they can choose based on their choice. He did not think they would necessarily be competing with the same types of uses. He indicated that has persuaded him to some degree that it is not that big of a deal. The fact that they can choose has also persuaded him, but he still has the concerns.

DAVID MORRIS stated he wanted to make sure that they are not working against themselves in eastern Shawnee with those abatements.

Mayor Allen stated he would assure Mr. Morris that there is an effort by many people who are trying to bring development to the eastern part of Shawnee Mission Parkway and along Nieman Road. b) Pit Bulls.

DAN GRUSS, 5226 Halsey, stated he has packets of information for each one of the Councilmembers and the Mayor. He said he wanted to talk about the City ordinance number 6.04.114 which is about specific breeds and specific types of dogs. What is happening to his family is a perfect example of why the ordinance is arbitrary and unfair. They were ordered by the City to get rid of their dog because, according to the Animal Control Officer, Cosby has the characteristics of a Pit Bull even though their own vet said Cosby is a Boxer/Dalmatian mix. They did as the City asked and returned Cosby to the Animal Resource Fund, the humane society, which they had adopted him from. In the last couple of weeks, they have had Cosby evaluated by four different vets all who believe he is a Boxer/Bull Dog or Boxer/French Bull Dog mix. The Shawnee City vet has even provided a letter that indicates that.

DAN GRUSS stated although Cosby does have two characteristics of a Pit Bull, his characteristics are not predominantly that of a Pit Bull. The vet also says the two Pit Bull characteristics that Cosby does have could be that of a Boxer and it also states that Cosby has four characteristics that are not of a Pit Bull. Today, Cosby was taken to a renowned animal behaviorist and veterinarian who indicated to them verbally that Cosby has no aggression or behavior problems. This vet also believes Cosby is a Boxer Mix and he will be providing his letter later this week.

Mayor Allen stated when he talked to Mr. Gruss last week he had referred Mr. Gruss to City Attorney Rainey who wants to respond.

City Attorney Rainey stated Mr. Gruss called him last week and he responded when he spoke with Mrs. Gruss. After he reviewed this last week, he indicated that the City does have a procedure in the ordinance. The City’s code provides for an administrative appeal where if there is any dispute or if anyone wants to object to, or take exception to, a determination as to whether the animal is a Pit Bull, which would make it a dangerous animal or dog under the City’s ordinance, or the refusal of the Clerk to issue a license because it is believed to be a Pit Bull. PAGE 22 CITY COUNCIL MINUTES JANUARY 27, 2003

City Attorney Rainey stated the procedure is set out in the code. A person can appeal that decision and it is an administrative appeal. The determination made in that appeal is to the Municipal Court Judge who would act in an administrative capacity, not a judicial capacity, and would make the determination for the City as to whether it is a dog which can be licensed or not, and whether or not the permit can be used. He said as he has explained to Mrs. Gruss, the Governing Body can not make, or does not have any provisions to making, a waiver of making that decision. The City has provided for, in the ordinance, a procedure whereby the appeal is taken. It is determined then by the Administrative Judge, which would give Mr. Gruss a solution. The Governing Body simply does not have the capability, power, or authority to make a determination or decision on it. If Mr. Gruss wants to address a change in the ordinance that is something the Governing Body would have to determine and decide.

DAN GRUSS stated he would also like to address a change in the ordinance. He said he has reams of facts and information pertaining to the fact that it is determined that it is deeds not breeds that do this. Pit Bulls by their nature are strong and they have been bred over the years for strength and other characteristics. They were used in dog fighting a lot in the 1980’s. That is when the ordinance came out. A Pit Bull is not necessarily an aggressive animal. There are many more animals that are more aggressive such as Rottweilers and Chows.

Councilmember Segale stated he spoke with Mrs. Gruss a few times. He said there was information provided from the CDC, which to him, was convincing. He indicated the CDC studies death by dogs in the United States. From 1979 to 1996, in their calculations, there were 199 people killed by dogs. Of those 199 people, 60 people were killed by Pit Bulls, and 10 people were killed by Pit Bull cross breeds. He asked if Mr. Gruss thinks the method the City has used to determine whether a dog is a Pit Bull is not sound.

DAN GRUSS stated that is one of his arguments. He would like to know in those specific cases, how those animals had been handled and what they were used for.

Councilmember Segale stated the City is attempting to protect the public. He said they don’t want someone to be killed by a dog and then ask how the dog was handled. If the City can eliminate, by banning one type of dog, basically a third of the deaths, it is a good move on the City’s part. He indicated that he supports the way the ordinance is written now in terms of banning the Pit Bull breed.

Councilmember Thomas stated the administrative process will determine by law whether it is a Pit Bull or not. She said if Mr. Gruss wants to change the ordinance, he must think he has a Pit Bull.

DAN GRUSS stated he did not think he has a Pit Bull. He indicated when he sees something that is clearly unfair, and he has an opportunity to change it while he is in the middle of the fight, he is not going to say just because that does not apply to him that it is not unfair; it is unfair. He noted that his family did not get the dog to cause a problem. JANUARY 27, 2003 CITY COUNCIL MINUTES PAGE 23

He said that their dog is a good dog and good with the kids. His children do not understand why they cannot keep the dog.

Councilmember Meyers stated he agreed with the ordinance. He said Mr. Gruss has a valid case to go through the appeals process and he would strongly advise Mr. Gruss to do that. He noted that one of the letters says this dog does show some signs of being a Pit Bull mixed dog, mainly body type and shape of head. He indicated the ordinance reads: “any dog which has the appearance or and characteristic of being predominantly the breeds of Staffordshire bull terrier, American pit bull terrier, American Staffordshire terrier, or a combination of any of these breeds.” He asked if this situation started when Mr. Gruss went to license the dog.

DAN GRUSS responded yes. He said the dog had been misidentified initially by someone in Dr. Lyle’s office. He indicated that one of his letters is from Dr. Lyle stating to that fact. He had listed the breed on the licensing application. He noted that the Animal Control officer also assessed their dog.

Councilmember Meyers stated Mr. Gruss can pursue the administrative appeal procedure available to residents as City Attorney Rainey stated.

JOANN BRANSON, 618 Pier Street, Manhattan, stated she is the President of Animal’s Resource Fund. She adopted the dog to the Gruss family. She said the statistics that Councilmember Segale mentioned listed many other breeds of dogs that have more dog bite related fatalities than Pit Bull mixes. The top three breeds responsible for these fatalities over the years were Pit Bulls, Rottweilers, and German Shepherds. She asked why all three of those breeds are not banned in Shawnee. She read a statement regarding other dog related cases. She said it is the City’s responsibility to keep citizens safe to enforce the dangerous animal ordinance. This breed specific ban is nothing more than a way for the City to make it appear that they are accomplishing something. Rather than enforcing the dangerous animal ordinance already in place, they have prohibited an entire type of dog. A type of dog responsible for only 1/3rd of the dog bite related fatalities mentioned earlier.

Councilmember Pflumm stated after he talked with Mrs. Gruss, he got on the internet and did a search on Yahoo with the word Pit Bulls. He found 19,800 sites. He said not all of those are dog related fatalities, but there are a lot of other instances where dogs have attacked people. He indicated he can not support it based on the fact it is a dangerous breed of dog.

Mayor Allen stated himself and Councilmember Goode were both on the Council when the City enacted the ordinance. The reason the City enacted the ordinance is at that time, there was a vicious Pit Bull dog bite in the City of Merriam. It was a very contentious hearing and there were people on both sides of the issue. Overall, this ordinance has worked well for Shawnee. Shawnee had a valid reason why they got involved in this ordinance. It has sustained a court challenge in the District Court of Johnson County and PAGE 24 CITY COUNCIL MINUTES JANUARY 27, 2003

the ordinance has been upheld. If this is a dog that is not a Pit Bull, there is a process that the Gruss’ can go through.

STAFF ITEMS

17. CONSIDER APPROVAL OF AN ENGINEERING STUDY AND REPORT FOR DESIGN OF ROSEHILL ROAD, FROM JOHNSON DRIVE TO 55TH STREET, P.N. 3294.

Project Engineer Lindstrom presented pictures of the area and reviewed the January 22, 2003 staff report. He mentioned that staff would be talking with the School District because staff feels there are other options in the picking up and dropping off of children at Ray Marsh Elementary school. He mentioned there is a house at 5729 Rosehill Road that is too close to the existing road. It is the only house on the street that sits that close to the road. Staff is looking at the solution to this. One of the options would be to buy the house. If the City were to acquire the 30 foot right-of-way, it would be right through the front part of the house.

Councilmember Thomas asked why was that house allowed to be built that close to the road.

Mayor Allen replied it is an older structure that occurred before the setback requirements.

Project Engineer Lindstrom introduced Jerry Johnson and Ken Johnson from Shafer, Kline & Warren, Inc.

JERRY JOHNSON, Shafer, Kline & Warren, Inc., 11100 W. 91st St, Overland Park, stated the street classification would be a minor collector, bike lane designated route. He described the typical section as a 36 foot back to back collector street, two 12 foot lanes (one north bound, one south bound), two 4 foot striped bicycle lanes on each side, with 2 foot curb and gutter. The lighting fixtures will go on the west side along with a 4 foot concrete sidewalk. The designed speed is 35 m.p.h. and the posting speed is 30 m.p.h. with beacon flashing lights for the school zone. He described the study and some of the design challenges which are Ray Marsh Elementary school, two crossings of storm drainage, right-of-way availability at 5729 Rosehill Road, and a turn lane at Johnson Drive.

Councilmember Pflumm asked if they received any comments about the left-hand-turn lane on Johnson Drive at the neighborhood meeting.

JERRY JOHNSON responded the meeting was for individuals to talk personally about what the impact of the project would be specifically for their property such as driveway access, sidewalks, etc. He said none of the people he talked to brought up the left-hand- turn lane. JANUARY 27, 2003 CITY COUNCIL MINUTES PAGE 25

Councilmember Goode, seconded by Councilmember Segale, moved to approve an Engineering Study and Report submitted by Shafer, Kline and Warren for the design of Rosehill Road, from Johnson Drive to 55th Street, P.N. 3294, with the estimated construction costs at $1,100,000, and the estimated total project costs are $1,800,000. The motion carried 8-0.

Councilmember Goode left the meeting at 10:00 p.m.

18. CONSIDER APPROVAL OF A PROFESSIONAL SERVICES CONTRACT TO COMPLETE MASTER PLAN, CONSTRUCTION DOCUMENTS, BIDDING SERVICES AND CONSTRUCTION OBSERVATION FOR FRENCHMAN’S CREEK PARK.

Mayor Allen stated that the City has negotiated a contract with Landplan Engineering, Inc., Lawrence, Kansas, to provide these engineering services.

Councilmember Meyers, seconded by Councilmember McGuff, moved to authorize the Mayor to sign a professional services contract with Landplan Engineering, Inc. to complete master plan, construction documents, bidding services and construction observation for Frenchman’s Creek Park, with compensation to be paid on a lump sum basis or hourly with an upper limit not to exceed $89,000. The motion carried 7-0.

19. CONSIDER THE INTERLOCAL AGREEMENT WITH JOHNSON COUNTY FOR STORM DRAINAGE IMPROVEMENTS NEAR 19505 MIDLAND DRIVE, PHASE II (MC-21-035).

Mayor Allen stated this agreement concerns the buyout of the property at 19505 Midland Drive, the Pyle Building. Funding by SMAC was approved in September 2002.

Councilmember McGuff, seconded by Councilmember Meyers, moved to authorize the Mayor to sign the interlocal agreement with Johnson County for 19505 Midland Drive (MC-21-035), with the County providing 75% ($307,000) of the eligible design cost for the project, with the estimated cost of the project at $443,000, and the City providing $136,000 from the Parks and Pipes fund as shown in the Five Year Capital Improvement Projects. The motion carried 7-0.

Councilmember Goode returned to the meeting at 10:02 p.m.

20. CONSIDER BIDS FOR JANITORIAL SERVICE FOR CITY BUILDINGS.

Mayor Allen stated that bids were received on December 17, 2002. The bids were quoted on a monthly basis and two vendors were selected.

Councilmember Thomas asked if these are the two existing vendors.

City Manager Montague answered no. PAGE 26 CITY COUNCIL MINUTES JANUARY 27, 2003

Councilmember Thomas asked if no company wanted to bid on all the City buildings.

City Manager Montague stated it was a staff recommendation to split the services up between two different companies.

Councilmember McGuff, seconded by Councilmember Segale, moved to award the bid for janitorial service to Heartland Building Maintenance, Shawnee, Kansas for the Civic Centre ($1,950), Police Station ($1,550), and Public Works ($ 836.78); and award the bid for janitorial service to Town & Country Building Service, North Kansas City, Missouri, for City Hall ($2,263), Town Hall ($465), Trading Post ($195), and the Trail Café ($145). The motion carried 8-0.

21. CONSIDER BIDS FOR CITY VEHICLES.

Mayor Allen stated bids were submitted on September 6, 2002.

Councilmember McGuff, seconded by Councilmember Segale, moved to approving the purchase of 19 City vehicles off the Mid America Council of Public Purchasing (MACPP) Vehicle Bid for the 2003 model year. The motion carried 8-0.

APPOINTMENTS

22. CONSIDER APPOINTMENT TO THE PARKS AND RECREATION ADVISORY BOARD.

Mayor Allen stated he is recommending the appointment of Cheryl Scott to the Parks and Recreation Advisory Board as the Mayor’s appointment at large.

Councilmember Thomas stated she is going to oppose this item. She said she had an unpleasant encounter with this individual regarding letterhead. She requested that the City not provide letterhead to this individual at least for the first year.

Mayor Allen stated he opposes that request. He said he knows Cheryl Scott very well. He indicated that she is an outstanding individual and will be a tremendous asset to the Parks and Recreation Advisory Board.

Councilmember Segale, seconded by Councilmember Goode, moved to appoint Cheryl Scott to the Parks and Recreation Advisory Board, with a term expiring on December 31, 2005. The motion carried 7-1, with Councilmembers Pflumm, Segale, Sawyer, Goode, Meyers, McGuff, and Newby voting aye, and Councilmember Thomas voting nay.

23. MISCELLANEOUS COUNCIL ITEMS.

a) American Marshall Fellow. JANUARY 27, 2003 CITY COUNCIL MINUTES PAGE 27

Councilmember Segale stated he has been chosen as an American Marshall Fellow which entails going to Europe (Brussels, Prague, Bologna, Berlin, and Copenhagen) in March for three weeks to study the different governmental institutions. It is a nice honor, but the things he was able to point to as achievements as a leader in the community were things that he has mainly been able to achieve as a Councilmember. He thanked the Governing Body, the City Manager, and City staff for operating as a team. He indicated if they achieve things individually, they can be recognized for it really because the City all works together as a team.

b) Executive Session.

Councilmember Goode, seconded Councilmember Pflumm, moved to recess to executive session for approximately 20 minutes for the purpose of receiving attorney/client privileged communication, regarding a lawsuit that was filed by a home’s association against the City on a roofing ordinance, with the City Council meeting to reconvene in the Council Chambers at the conclusion of the executive session. The motion carried 8-0, and the meeting recessed at 10:07 p.m.

Councilmember Thomas, seconded by Councilmember Sawyer, moved to conclude the executive session. The motion carried 8-0.

Councilmember Thomas, seconded by Councilmember Sawyer, moved to reconvene the meeting. The motion carried 8-0, and the meeting reconvened at 10:28 p.m.

ADJOURNMENT

Councilmember Thomas, seconded by Councilmember Meyers, moved to adjourn. The motion carried 8-0, and the meeting adjourned at 10:29 p.m.

______Sonya Fendorf Recording Secretary