CITY OF SHAWNEE CITY COUNCIL MEETING MINUTES NOVEMBER 23, 1998 7:30 P.M.

Mayor Allen called the meeting of November 23, 1998, 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.

Councilmembers Present Staff Present Councilmember Truitt City Manager Montague Councilmember Segale City Attorney Rainey Councilmember Roche Public Works Director Freyermuth Councilmember Goode Finance Director Meyer Councilmember Severance City Clerk/Human Resources Director Gonzales Councilmember Douglas Planning Director Chaffee Councilmember Snell Police Chief Hayselden Fire Chief Hartley Councilmember Absent Parks and Recreation Director Lodge Councilmember Breitenstein Project Engineer Lindstrom

Members of the public who spoke were: CHARLEY VOGT, Executive Director, Shawnee Economic Development Council and Shawnee Area Chamber of Commerce (Item 11), JIM CHRISTENSEN, Manager, AmeriServe, 16327 W. Locust, Olathe (Item 11), CHARLOTTE HARGIS, 6925 Ballentine (Items 11 and 19), ROBERT BOWMAN, 8401 Clare Road, Lenexa (Items 11 and Business from the floor), TRACY THOMAS, 13022 W. 76th Terr (Item 11), BILL DEMIANCZYK, Director of Real Estate, AmeriServe, Dallas, Texas (Item 11), GARRY MUNSON, Partner, First Kansas State Partnership, L.P. (Item 19), BEVERLY SUND, Property Supervisor, Sedona Point Apartments, 2416 Queen Ridge, Independence, Missouri (Item 19), NICOLE RATZLAFF, 5030 Canterbury, Overland Park (Item 19), and NANCY CHIRAFISI, 8426 McCormick Drive, (Business from the floor).

CONSENT AGENDA

1. APPROVE MINUTES FROM THE CITY COUNCIL MEETING OF NOVEMBER 9, 1998.

2. REVIEW MINUTES FROM THE PLANNING COMMISSION MEETING OF NOVEMBER 2, 1998.

3. REVIEW MINUTES FROM THE BOARD OF ZONING APPEALS MEETING OF OCTOBER 15, 1998.

4. CONSIDER CHANGE ORDER NO. 1 FOR 1998 CURB & SIDEWALK REPLACEMENT PROGRAM. NOVEMBER 23, 1998 CITY COUNCIL MINUTES PAGE 2

The contract was awarded to K&B Construction, Inc., Kansas City, Kansas, on March 23, 1998, in the amount of $146,156.40. This change order reflects a net increase of $45,320.32. The new contract amount for the project is $191,476.72.

5. CONSIDER CHANGE ORDER NO. 2 FOR 55TH STREET RECONSTRUCTION, K- 7 HIGHWAY TO CLARE ROAD, P.N. 3222.

The contract was awarded to O’Donnell & Sons Construction, Overland Park, on April 27, 1998, in the amount of $1,665,777.60. Change Order No. 1 did not require Council’s approval because there were no costs involved. This change order reflects a net increase of $5,879.79. The new contract amount for the project is $1,671,657.39.

6. CONSIDER CHANGE ORDER NO. 8 FOR IMPROVEMENTS TO SHAWNEE MISSION PARKWAY AND MARTINDALE, P.N. 3182.

The contract was awarded to McAnany Construction, Inc., Shawnee, on May 11, 1998, in the amount of $419,324.85. Change Order No. 1 approved July 13, 1998, reflected a net increase of $1,500, and qualified for 80% reimbursement from KDOT, with the City’s share at $300.00. Change Order Nos. 2 - 7 did not require Council’s approval. This change order reflects a net increase of $4,777. The City’s share will be $955.40 and there is an 80% reimbursement from KDOT. The new contract amount for the project is $424,101.85.

7. CONSIDER ENLARGEMENT OF CONSOLIDATED MAIN SEWER DISTRICT FOR 14555 MIDLAND DRIVE.

Having passed, Resolution 1148 was assigned.

8. CONSIDER ACQUISITION OF RIVERFRONT PARKLAND.

At the August 25, 1997 City Council meeting, Council authorized staff to negotiate the purchase of additional available land under the constraints of the grant for the Riverfront Park project. The City has negotiated an agreement to purchase 15.5 acres along the Kansas River for parkland at approximately 55th Street and Frisbee Road.

9. CONSIDER CEREAL MALT BEVERAGE LICENSE RENEWALS FOR THE SALE OF CEREAL MALT BEVERAGES FOR CONSUMPTION ON PREMISES.

Consider renewal of Cereal Malt Beverage Licenses for the sale of cereal malt beverages for consumption on premises through December 1999, for the following business:

Date Original License Business Address Issued By City Godfather’s Pizza 10913 W. 63rd St. July 1979 Mid-America Sports Complex 20000 Johnson Dr. March 1994 Pizza Hut 11449 W. 63rd St. November 1974 Pizza Shoppe 6000 Rogers Rd. November 1974 Pizza Stop South, Inc. 7198 Renner Rd. June 1988 Tomahawk Hills Public Golf Course 17501 Midland Dr. December 1997 NOVEMBER 23, 1998 CITY COUNCIL MINUTES PAGE 3

10. CONSIDER CEREAL MALT BEVERAGE LICENSE RENEWALS FOR THE SALE OF CEREAL MALT BEVERAGES FOR NON-CONSUMPTION ON PREMISES.

Consider renewal of Cereal Malt Beverage Licenses for the sale of cereal malt beverages for non-consumption on premises through December 1999, for the following business:

Date Original License Business Address Issued By City QuikTrip 11660 W. 75th St. April 1990 QuikTrip 11915 Johnson Dr. October 1989 QuikTrip 6637 Nieman Rd. May 1988 Osco Drug Store 6510 Nieman Rd. November 1996 Monticello 66 21906 W. 66th St. February 1998 HyVee, Inc. 6495 Quivira Rd. August 1997 HyVee, Inc. 13550 W. 63rd St. September 1995 Total Petroleum 6235 Nieman Rd. October 1994

Councilmember Goode, seconded by Councilmember Truitt, moved to approve the entire consent agenda. The motion carried 7-0.

MAYOR’S ITEMS

There were no Mayor’s Items.

PUBLIC ITEMS

11. CONSIDER A RESOLUTION OF INTENT TO ISSUE FEDERALLY TAXABLE PRIVATE ACTIVITY REVENUE BONDS FOR AMERISERVE.

Mayor Allen stated that this item is for a resolution of intent to issue federally taxable private activity revenue bonds in the principal amount not to exceed $17,000,000 for the purpose of financing the acquisition, purchase, construction and equipping of a manufacturing facility, including real estate, buildings, improvements, machinery and equipment for AmeriServe. He said that approval of the resolution acknowledges the intent of the Governing Body to approve the tax abatement.

CHARLEY VOGT, Executive Director, Economic Development Council and Shawnee Area Chamber of Commerce, stated the proposed location of the project is at Monticello and 83rd Street along the K-7 Highway corridor on 22 acres of ground. He said the financial incentives policy being considered is for a 50% tax abatement for ten years. CHARLEY VOGT presented the following:

Financial Incentive Criteria for AmeriServe

1. Financial Capability: AmeriServe - $3.4 billion sales, USAA (3rd Party) - $3.5 billion sales. USAA is one of the largest insurance companies in the Country; they acquire buildings and lease them back NOVEMBER 23, 1998 CITY COUNCIL MINUTES PAGE 4

to tenants. AmeriServe is under negotiations with USAA to acquire four of the distribution plants that they are building around the Country.

2. Investment Credit (+ $5 million, + 25 jobs): $17 million investment, estimated 300 jobs.

3. Targeted Industry Study: Distribution Center (SIC 51) targeted by the City of Shawnee, Kansas City Area Development Council, and the State of Kansas.

4. Above Average Wages: AmeriServe and the State of Kansas attests to above average wages being paid in SIC 51.

Councilmember Segale asked if CHARLEY VOGT had information for review from the Department of Health and Human Resources.

CHARLEY VOGT stated a representative of the Company could answer that question.

Councilmember Segale asked if SEDC received a copy and reviewed the information.

CHARLEY VOGT stated AmeriServe has several facilities in the State of Kansas and merged the facilities into one report. He said the reports they were able to access were not separate and individual to the Lenexa facility.

CHARLEY VOGT continued with the presentation:

Financial Incentive Criteria for AmeriServe (continued)

5. Does not compete with other Shawnee businesses.

6. Environmental Criteria: Project does not present environmental hazards or special treatments. Currently there are soil samples taken and an environmental audit; have not found any problems with the site.

7. Company has provided the information for Cost/Benefit Analysis.

8. The project is in compliance with the City’s Comprehensive Plan and zoning regulations.

9. Traffic Study for future growth: AmeriServe is in compliance with contributing their fair share by benefit district and other means for City recommended improvements to Monticello Road and 83rd Street.

10. The project is not in conflict with City Policy, Plan, Regulation, or Procedure. NOVEMBER 23, 1998 CITY COUNCIL MINUTES PAGE 5

CHARLEY VOGT stated the total project value is $16,985,000; land and building - $13,200,000, equipment (10/30/98) - $3,000,000, and incidental fees - $785,000. He said the existing taxes being paid on the 22 acres is $157 a year. He noted that the valuation on the land and building (25% x $13,200,000) is $3,300,000, with a 50% tax abatement; the resulting taxes will be $216,877. He indicated the City does not abate personal property (machinery and equipment) which is $3,000,000.

CHARLEY VOGT stated the net new value to the Shawnee area in the first ten years are as follows: City of Shawnee (17.4%) - $449,409; DeSoto School District (55%) - $1,420,548; Johnson County (11.64%) - $300,639; and State of Kansas (1.14%) - $29,444; total taxing entities - $2,582,815.

CHARLEY VOGT said the annual net new value to the Shawnee area in years eleven and beyond are as follows: City of Shawnee (17.4%) - $78,903; DeSoto School District (55%) - $249,408; Johnson County (11.64%) - $52,783; and State of Kansas (1.14%) - $5,283; total taxing entities - $453,470.

JIM CHRISTENSEN, Manager, AmeriServe, 16327 W. Locust, Olathe, introduced Mike Hickey, Hickey & Associates; Bill Demianczyk, Sr. Construction Engineer, AmeriServe, Dallas; Charles F. Miller, Attorney; and Tim McKee, Division President, AmeriServe.

Mayor Allen welcomed and thanked the representatives to AmeriServe for selecting Shawnee as their new home.

Councilmember Segale asked for a summary of reasons behind why a tax abatement is necessary for this facility.

JIM CHRISTENSEN stated the main reason for the tax abatement is the corporation must be competitive and look at competitive places to invest in and locate their business. He said with the research they have done, it is known that the costs are higher in Kansas versus Missouri or states that adjoin Kansas. He noted the tax abatement helps bring the costs in this market down to where it is more reasonably competitive with the adjoining areas they have looked at.

Councilmember Segale asked if the Lenexa operation had operated profitably.

JIM CHRISTENSEN answered yes.

Councilmember Segale pointed out that the City of Lenexa is in Kansas and also has a higher property tax.

Councilmember Segale stated he opposes this tax abatement because it does not meet his criteria of location specific costs. He said the people of Kansas voted in the late 1980’s to tax businesses at 25% of their assessed value. He noted that the tax rate was set because that is what it costs to operate this City. NOVEMBER 23, 1998 CITY COUNCIL MINUTES PAGE 6

City Attorney Rainey stated the Resolution of Intent does not make direct reference to tax abatements, however it is a part of the revenue bonds. He said revenue bonds are tax exempt unless an agreement for payment in lieu of taxes is made. He noted Council would be voting for the request of a tax exemption if the resolution is approved. He indicated that the term federally taxable has reference to whether or not the interest on the bonds is exempt from or subjected to federal income tax which is decided by the Internal Revenue Code and not by the City. He stated these bonds would not qualify for federal tax exempt status under the Internal Revenue Code. He said the only advantage to the company for the bonds is the tax abatement or the exemption of part of their taxes. He noted in this resolution is the understanding that the City would be granting the requested exemption of 50% of the real property taxes for ten years that would be spelled out specifically in a later document.

Councilmember Snell stated this Governing Body was urged by the community many years ago to broaden the tax base and bring more industry, commercial, and jobs to Shawnee. He said he researched information on the Internet about AmeriServe, and some of their locations are Los Angeles, CA; Tampa, FL; Orlando, FL; St. Louis, MO; Nashville, TN; Austin, TX; Dallas, TX; and Seattle, WA. He noted that AmeriServe only builds in major markets and prepared to build a building in Shawnee. He indicated that AmeriServe’s philosophy is choosing only places that are going in the right direction.

Councilmember Segale stated he shares the interest of the Governing Body to increase the industrial tax base in Shawnee, but he does not think that tax abatements are necessary to grow the tax base. He said he thinks Shawnee is just as competitive as every other city in the metropolitan area. He noted there is an advantage to using these bonds, although they are not federally tax exempt, because they get a fixed interest rate whereas if they borrowed the money on the open market, they would only get a fixed rate for the first five years. He indicated that they can also borrow up to 100% of the money.

Councilmember Truitt stated she is in favor of this item because the land that AmeriServe will be building on has been a field for years; they would also be doing road improvements. She indicated that AmeriServe has given their word that they would be using local construction companies that would put people to work in this community.

CHARLOTTE HARGIS, 6925 Ballentine, stated AmeriServe should not have to rely on a small City like Shawnee for a benefit when their gross sales are $9.4 billion. She said that existing businesses in Shawnee continue to pay taxes. She asked how close the City is to obtaining 30% business versus residential.

Councilmember Truitt stated the percentage was 19%, but in the last year with the growth in population the business tax base has decreased to 17%. She said the citizens are bearing the higher costs.

CHARLOTTE HARGIS stated not only are the citizens pay their own way, but they are also paying the businesses way.

Councilmember Snell stated every time a tax incentive package is presented to the Governing Body, the DeSoto School District is formally contacted and the City receives a response. NOVEMBER 23, 1998 CITY COUNCIL MINUTES PAGE 7

Mayor Allen stated the last project proposed on this property was a race track eleven years ago. He said that this property has sat vacant since 1986, when the ground was annexed into the City of Shawnee. He said the City has a valid proposal and the major problem Shawnee has is assessed valuation in commercial and industrial.

CHARLOTTE HARGIS asked if there are any fast food restaurants that patronize this business.

Councilmember Truitt stated AmeriServe will be servicing businesses in the Kansas City metropolitan area.

Councilmember Segale asked if the City received a letter from the DeSoto School District supporting this issue.

CHARLEY VOGT stated no, but the letter was sent out by legal counsel.

ROBERT BOWMAN, 8401 Clare Road, Lenexa asked if this proposed project would be on the northwest corner of Monticello and 83rd Street.

CHARLEY VOGT answered yes.

ROBERT BOWMAN stated the residents of western Lenexa have a drainage problem coming from Shawnee. He said there will be drainage coming from 22 acres of this proposed project. He said that Lenexa’s concerns need to be taken into consideration regarding any watershed from this project.

Mayor Allen asked if this building and site would have to meet all engineering standards including detention of water; and if the water from this project can not flow any faster than it currently does.

Public Works Director Freyermuth answered that it would have to be the same amount of run-off from the site through the 25-year storm after development.

ROBERT BOWMAN asked Council to consider the watershed and where it is going.

TRACY THOMAS, 13022 W. 76th Terr, asked if it is unusual to grant industrial revenue bonds to a corporation that is not qualified yet to do business in Kansas.

City Attorney Rainey answered that situation is not unusual. He said before the bonds are issued, the City would have proof of certification that the company is qualified to do business in Kansas.

Mayor Allen stated by the time the bonds are approved, the company would have to be approved in the State of Kansas.

TRACY THOMAS asked if the applicant is really USAA. NOVEMBER 23, 1998 CITY COUNCIL MINUTES PAGE 8

City Attorney Rainey stated this would benefit AmeriServe.

TRACY THOMAS stated part of giving abatements is to give them to someone who is not coming otherwise. She asked if the City had any kind of written documentation that companies need to provide or is that all verbal.

CHARLEY VOGT stated BILL DEMIANCZYK from AmeriServe wrote a letter to the City of Lenexa that indicated: “But for the incentives Shawnee could offer, the company would relocate outside the State of Kansas.” He indicated AmeriServe considered looking at locations in Omaha, Nebraska and Kansas City, Missouri.

BILL DEMIANCZYK, Director of Real Estate, AmeriServe, Dallas, Texas, thanked Council for this opportunity and indicated they needed these incentives to bring this project to Shawnee. He said they looked extensively in the Omaha, Nebraska market; Missouri; and other Kansas cities, and noted that the incentives were very important to them. He said USAA is looking at four of AmeriServe’s projects and they are a means of financing. He noted that USAA will be the landlord/owner of the property, but it is a net lease and AmeriServe is paying for all operating costs and rent. He also indicated that AmeriServe is very active in the community.

Councilmember Goode, seconded by Councilmember Snell, moved to adopt a resolution of intent to issue federally taxable private activity revenue bonds in the principal amount not to exceed $17,000,000 for the purpose of financing the acquisition, purchase, construction and equipping of a manufacturing facility, including real estate, buildings, improvements, machinery and equipment for AmeriServe. The motion carried 5-2, with Councilmembers Truitt, Roche, Goode, Douglas, and Snell voting “aye”, and Councilmembers Segale and Severance voting “nay”. Having passed, Resolution 1149 was assigned.

12. CONSIDER ORDINANCE REGULATING TRAFFIC WITHIN THE CORPORATE LIMITS OF THE CITY OF SHAWNEE.

Councilmember Segale asked what length of time would vehicles, that are parked or stored on streets, be in violation of this ordinance.

City Manager Montague answered 48-hours left on the right-of-way.

Councilmember Truitt, seconded by Councilmember Goode, moved to pass an ordinance incorporating the “Standard Traffic Ordinance for Kansas Cities,” edition 1998, with certain omissions, changes and additions; prescribing additional regulations and amending Section 10.04.010 and Section 10.04.020 of the Shawnee Municipal Code. The motion carried 7-0. Having passed, Ordinance 2399 was assigned.

13. CONSIDER ORDINANCE REGULATING PUBLIC OFFENSES WITHIN THE CORPORATE LIMITS OF THE CITY OF SHAWNEE.

Councilmember Goode, seconded by Councilmember Roche, moved to pass an ordinance incorporating by reference the “Uniform Public Offense Code for Kansas Cities,” edition 1998, with certain omissions, changes and additions by amending Chapters 9.01 and 9.02 of NOVEMBER 23, 1998 CITY COUNCIL MINUTES PAGE 9

the Shawnee Municipal Code. The motion carried 7-0. Having passed, Ordinance 2400 was assigned.

14. CONSIDER THE FOLLOWING ITEMS FROM THE PLANNING COMMISSION MEETING OF OCTOBER 5, 1998.

a) Consider Final Plat of The Meadow at Clear Creek, 1st Plat.

Mayor Allen stated that the Planning Commission recommended 9-0 that the Council approve FP-65-98-10.

Councilmember Segale asked if the developer would receive credits for the excise tax.

Planning Director Chaffee stated credit for Clear Creek Parkway would not apply, however, the subdivision would be participating in the Monticello Road benefit district and the amount paid to the benefit district would be credited against the excise tax.

Councilmember Truitt asked if the open land fees would be affected.

Planning Director Chaffee stated they would be affected in the second Plat where there is a donation that the developer is offering to the City. He said the Park and Recreation Land Use Board has recommended that the City accept, along Clear Creek, an extension of Gamblin Park to the east that would allow construction of the trail and they added some additional nice flat property appropriate for other types of improvements.

Councilmember Truitt, seconded by Councilmember Goode, moved to approve FP- 65-98-10, final plat of The Meadow at Clear Creek, 1st plat, for 35 single family lots in the 6100 block of Monticello Road, subject to the following conditions:

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

2. Two (2) copies of the revised Homes Association and Covenant documents incorporating these lots shall be submitted with the final plats for recording at the applicant’s expense;

3. No greater than 87 total lots be indicated on the final plats submitted for the development;

4. The minimum house size for this development is 1,507 square feet, as stipulated in the preliminary development plan;

5. No more than twenty percent (20%) of the homes in the subdivision be built with the same elevation; NOVEMBER 23, 1998 CITY COUNCIL MINUTES PAGE 10

6. The applicant shall place a sign at the end of 61st Street stating that it is the developer’s intent for the street to continue to the north;

7. The applicant plats the parkground, identified as Tract K in the preliminary development plan, as part of the second plat for this development. The second plat shall be recorded at the same time as the first plat;

8. The applicant shall pay the excise tax for this development as indicated in the staff report, prior to the Mayor signing the recording plat;

9. All internal streets will be improved to local residential standards. The proposed streets within this phase of development shall be designed according to Shawnee Manual of Technical Specifications and Design Criteria;

10. The proposed stormwater drainage system shall be designed in accordance with the Shawnee Manual of Technical Specifications and Design Criteria, except as specifically waived or varied by the City Council;

11. All habitable buildings must be built a minimum of 60 feet from the top of the bank (boundary for a 25-year design storm) of any open channel;

12. The applicant shall provide drawings to the Engineering Division showing the realigned stream and the new boundary of the 25-year storm before the plat is submitted for recording;

13. The applicant shall apply for any and all necessary permit(s) to realign the Clear Creek tributary from the Kansas Board of Agricultural, Division of Water Resources, Army Corps of Engineers, and the Environmental Protection Agency. A copy of the application(s) and the approved permit(s) shall be submitted to the Engineering Division prior to the issuance of a grading permit;

14. Preliminary stormwater detention and a conceptual lighting plan shall be submitted to the City Engineer for approval prior to making the recording copies of the final plat. Individual final sets of street, stormwater drainage, and street lighting plans shall be submitted to the City Engineer for approval prior to construction;

15. All public improvements shall be designed and constructed in accordance with the Shawnee Manual of Technical Specifications and Design Criteria, except as specifically varied or waived by action of the City Council;

16. All utilities shall be underground with junction boxes located in side or rear yard areas; NOVEMBER 23, 1998 CITY COUNCIL MINUTES PAGE 11

17. A copy of the application and the Environmental Protection Agency National Pollutant Discharge Elimination System Permit shall be filed with the Engineering Division prior to issuance of a grading permit;

18. Erosion control measures shall be shown on the grading plans and shall be in place prior to commencing any construction;

19. The applicant is responsible for paying for City-installed street name signs;

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

21. The applicant shall revise the technical items listed in the staff report prior to submitting a recording copy of the plat; and

22. A computation plat shall be provided with the recording copies of the final plat.

The motion carried 7-0.

b) Consider Final Plat of the Forest at Clear Creek, 1st Plat.

Mayor Allen stated that the Planning Commission recommended 9-0 that the Council approve FP-66-98-10.

Councilmember Truitt, seconded by Councilmember Goode, moved to approve FP- 66-98-10, final plat of The Forest at Clear Creek, 1st Plat, for 48 single family lots in the 6000 block of Monticello Road, subject to the following conditions:

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

2. Two (2) copies of the revised Homes Association and Covenant documents incorporating these lots shall be submitted with the final plats for recording at the applicant’s expense;

3. No greater than 162 total lots be indicated on the final plats submitted for the development;

4. The minimum house size for this development is 1,847 square feet for ranch homes and 2,195 square feet for split-level homes, as stipulated in the preliminary development plan;

5. No more than twenty percent (20%) of the homes in the subdivision be built with the same elevation;

6. The applicant shall place a sign at the end of 60th Street and 60th Terrace stating that it is the developer’s plan for the streets to continue; NOVEMBER 23, 1998 CITY COUNCIL MINUTES PAGE 12

7. The applicant shall pay the excise tax on this development as indicated in the staff report, prior to the Mayor signing the recording plat;

8. The proposed streets within this phase of development shall be designed according to Shawnee Manual of Technical Specifications and Design Criteria. All internal streets shall be improved to local residential standards;

9. The proposed stormwater drainage system shall be designed in accordance with the Shawnee Manual of Technical Specifications and Design Criteria, except as specifically waived or varied by the City Council;

10. All habitable buildings must be built a minimum of 60 feet from the top of the bank (boundary for a 25-year design storm) of any open channel;

11. The applicant shall provide drawings to the Engineering Division showing the realigned stream and the new boundary of the 25-year storm before the plat is submitted for recording;

12. The applicant shall apply for any and all necessary permit(s) to realign the Clear Creek tributary from the Kansas Board of Agricultural, Division of Water Resources, Army Corps of Engineers, and the Environmental Protection Agency. A copy of the application(s) and the approved permit(s) shall be submitted to the Engineering Division prior to the issuance of a grading permit;

13. Preliminary stormwater detention and a conceptual lighting plan shall be submitted to the City Engineer for approval prior to making the recording copies of the final plat. Individual final sets of street, stormwater drainage, and street lighting plans shall be submitted to the City Engineer for approval prior to construction;

14. All public improvements shall be designed and constructed in accordance with the Shawnee Manual of Technical Specifications and Design Criteria, except as specifically varied or waived by action of the City Council;

15. All utilities shall be underground with junction boxes located in side or rear yard areas;

16. A copy of the application and the Environmental Protection Agency National Pollutant Discharge Elimination System Permit shall be filed with the Engineering Division prior to issuance of a grading permit;

17. Erosion control measures shall be shown on the grading plans and shall be in place prior to commencing any construction;

18. The applicant is responsible for paying for City-installed street name signs; NOVEMBER 23, 1998 CITY COUNCIL MINUTES PAGE 13

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

20. The applicant shall revise the technical items listed in the staff report prior to submitting a recording copy of the plat; and

21. A computation plat shall be provided with the recording copies of the final plat.

The motion carried 7-0.

15. CONSIDER THE FOLLOWING ITEMS FROM THE PLANNING COMMISSION MEETING OF NOVEMBER 16, 1998.

a) Consider Final Plat of The Meadow at Clear Creek, 2nd Plat.

Mayor Allen stated that the Planning Commission recommended 9-0 that the Council approve FP-80-98-11.

Councilmember Truitt, seconded by Councilmember Roche, moved to approve FP- 80-98-11, final plat of The Meadow at Clear Creek, 2nd plat, for one tract in the 6200 block of Monticello Road, subject to the following conditions:

1. Recording of the final plat simultaneously with the Meadow at Clear Creek, 1st Plat;

2. No greater than 84 total lots be indicated on the final plats submitted for the Meadow at Clear Creek;

3. The applicant submit a letter requesting that the benefit district assessments for this plat be either spread over all the lots in the subdivision or the lots whose majority falls within the benefit district’s boundaries;

4. Erosion control measures shall be shown on the grading plans and shall be in place prior to commencing any construction;

5. The proposed stormwater drainage system shall be designed in accordance with the Shawnee Manual of Technical Specifications and Design Criteria, except as specifically waived or varied by the City Council;

6. Combined sets stormwater drainage plans shall be submitted to the City Engineer for approval prior to construction. The applicant must obtain a Public Improvement Permit (Form ”C”) prior to commencing any construction of any public improvements;

7. All public improvements shall be designed and constructed in accordance with the Shawnee Manual of Technical Specifications and Design Criteria, except as specifically varied or waived by action of the City Council; NOVEMBER 23, 1998 CITY COUNCIL MINUTES PAGE 14

8. A computation plat shall be provided with the recording copies of the final plat; and

9. The conditions of approval for the first plats of the Forest at Clear Creek and the Meadow at Clear Creek shall be modified to indicate no open space fees shall apply for the subdivisions at the time this plat is recorded.

FINAL PLAT REVIEW

1. The 5.32 acre parcel is zoned PSF (Planned Single Family). The land to the north and south of the plat is also zoned PSF. To the east and west of the site the land is zoned AG (Agricultural).

2. The site is currently undeveloped. Surrounding land uses include Gamblin Park to the west. Monticello Trails Middle School is northwest of the site. To the north and south is undeveloped land that is part of the preliminary development plan of the Meadow at Clear Creek. Undeveloped land used for agricultural purposes is to the east of the site.

3. The Comprehensive Plan indicates open space along Clear Creek, thus the proposed plat is in compliance with the plan. The plat is also in substantial compliance with the preliminary development plan approved in August 1998.

4. The applicant is seeking final plat approval of a 1-Tract subdivision that will be dedicated to the City as parkland with the recording of this plat. The south line of this phase of development is the center of Clear Creek. The parkland tract is larger than what was approved as part of the development plan (2.99 acres versus 5.32 acres). The applicant has requested, and the Park and Recreation Advisory Board is recommending, that the City accept land that was originally shown as part of Lots 17-21 of the Meadow at Clear Creek.

If this additional property is accepted as parkland, Lone Elm Street will end at 62nd Street, instead of continuing on to a cul-de-sac south of 62nd Street as was approved with the preliminary development plan. As a result of increasing the number of acres of parkland, the number of overall lots that may be developed as part of the Meadow at Clear Creek shall be reduced by three (3) from eighty-seven (87) lots that was approved with the preliminary development plan to eighty-four (84) lots.

This plat fulfills a condition of approval of the preliminary development plan and first plat for the Meadow at Clear Creek, that the developer shall plat and record the parkland tract simultaneous with the first plat.

5. Since all the land in this phase of development is being dedicated to the City, open space requirements are not applicable. NOVEMBER 23, 1998 CITY COUNCIL MINUTES PAGE 15

6. The applicant has submitted an appraisal report of the proposed parkland. Planning staff has reviewed the report and the revised appraised value of the land is $57,778. The revised appraised value of the parkland will exceed the open space fees that would be accessed for the entire subdivision ($49,800). If the parkland is accepted, no open space fees would be collected for any phase of the Meadow at Clear Creek or the Forest at Clear Creek.

7. This phase of development is exempt from SMC 12.26 Excise Tax. The excise tax is not assessed on property that will be dedicated to the City.

The subdivision is participating in the Monticello Road benefit district. The assessment for the parkland will be spread over all the lots in the benefit district. If the developer wishes to have the assessment spread over all the lots in the subdivision, he must present an agreement to the Governing Body before the plat for the Meadow at Clear Creek 1st Plat is recorded, otherwise just the lots whose majority falls within the benefit district’s boundaries will be required to contribute to the benefit district.

8. The proposed stormwater drainage system shall be designed in accordance with the Shawnee Manual of Technical Specifications and Design Criteria, except as specifically waived or varied by the City Council.

9. Runoff from the site will discharge directly into the 100-year floodplain. Since only one tract is being platted, the applicant meets the requirements of SMC 12.24 (Construction and Maintenance of Stormwater Facilities).

10. Preliminary stormwater detention plans shall be submitted to Engineering staff for approval prior to making the recording copies of the final plat.

11. The applicant is responsible for submitting individual final sets of stormwater drainage to Engineering staff for approval prior to construction. All public improvements are required to be designed and constructed in accordance with the Shawnee Manual of Technical Specifications and Design Criteria, except as specifically varied or waived by action of the City Council.

12. The area disturbed within the subdivision covered by the preliminary plat will be more than five acres; therefore, the applicant is required to apply for an Environmental Protection Agency National Pollutant Discharge Elimination System Permit (Construction Activity Form 1) from the Kansas Department of Health and Environment. A copy of the application and permit needs to be submitted to the Engineering Division upon approval by the State.

13. Erosion control measures are to be shown on the rough grading and siltation control plans. Such measures are to be in place prior to commencing of any construction. The developer shall be responsible for maintaining the erosion control measures until all home-building adjacent to the site has been completed. At that time, such measures will be removed, except the siltation basins that may be reconstructed per approved plans for use as permanent NOVEMBER 23, 1998 CITY COUNCIL MINUTES PAGE 16

detention facilities. Following construction, all disturbed parts of the primary yard must be covered with sod in accordance with SMC 17.57.035.

14. The applicant is responsible for submitting a computation plat with the recording copies of the final plat. The computation plat shall show the coordinates of all points, the bearings and lengths of all lines, and the individual area, in square feet, of all lots, open space tracts, and rights-of- way, and the centerline miles of all newly dedicated streets.

The motion carried 7-0.

16. CONSIDER THE FOLLOWING ITEMS FROM THE PLANNING COMMISSION MEETING OF NOVEMBER 2, 1998.

a) Consider review of Special Use Permit previously issued to Olympic Car Wash.

Mayor Allen stated that the Planning Commission recommended 9-0 that the Council renew SUP-8-86-7.

Councilmember Roche, seconded by Councilmember Truitt, moved to renew SUP-8- 86-7, special use permit previously issued to Olympic Car Wash to operate a car wash at 6401 Nieman Road for a period of four (4) years, subject to the following conditions:

1. Continuation of the limitation on hours of operation from 7:00 a.m. to 11:00 p.m.; and

2. Review of the special use permit in four (4) years.

The motion carried 7-0.

b) Consider review of Special Use Permit previously issued to Lindsay Auction Service.

Mayor Allen stated that the Planning Commission recommended 9-0 that the Council renew SUP-7-87-6.

Councilmember Roche, seconded by Councilmember Goode, moved to renew SUP- 7-87-6, special use permit previously issued to Lindsay Auction Service to operate an auction business at 4795 Frisbee Road, for a period of four (4) years, with review at that time. The motion carried 7-0.

c) Consider review of Special Use Permit previously issued to Rita’s Bar and Grill.

Mayor Allen stated that the Planning Commission recommended 9-0 that the Council renew SUP-8-93-10. NOVEMBER 23, 1998 CITY COUNCIL MINUTES PAGE 17

Councilmember Roche, seconded by Councilmember Segale, moved to renew SUP- 8-93-10, special use permit previously issued to Rita’s Bar and Grill to allow live entertainment in the form of a 1-to-5-piece band on Thursday through Sunday evenings after 9:00 p.m. at 7405 Nieman Road, for a period of four (4) years, with review at that time. The motion carried 7-0.

d) Consider review of Special Use Permit previously issued to Cellular One.

Mayor Allen stated that the Planning Commission recommended 9-0 that the Council renew SUP-9-93-10.

Councilmember Segale, seconded by Councilmember Goode, moved to renew SUP- 9-93-10, special use permit previously issued to Cellular One for a 150-foot monopole communication tower at 6875 Maurer Road, for a period of four (4) years, with review at that time. The motion carried 7-0.

e) Consider review of Special Use Permit previously issued to Wonderscope Children’s Museum.

Mayor Allen stated that the Planning Commission recommended 9-0 that the Council renew SUP-9-97-8.

Councilmember Roche, seconded by Councilmember Truitt, moved to renew SUP-9- 97-8, special use permit previously issued to Wonderscope Children’s Museum at 5707 Flint, for a period of four (4) years, with review at that time. The motion carried 7-0.

f) Consider review of Special Use Permit previously issued to Buds and Blooms Garden Center.

Mayor Allen stated that the Planning Commission recommended 9-0 that the Council renew SUP-11-97-10.

Councilmember Snell, seconded by Councilmember Douglas, moved to renew SUP- 11-97-10, special use permit previously issued to Buds and Blooms Garden Center to allow retail sales of nursery products in the agricultural zoning district at 6329 Woodland Drive, for a period of one (1) year, with review at that time. The motion carried 7-0.

g) Consider Final Plat of Tuckaway II.

Mayor Allen stated that the Planning Commission recommended 9-0 that the Council approve FP-73-98-11.

Councilmember Truitt, seconded by Councilmember Segale, moved to approve FP- 73-98-11, final plat of Tuckaway II, LLC, for a one-lot multi-family development at the northwest corner of Lackman Road and Midland Drive, subject to the following conditions: NOVEMBER 23, 1998 CITY COUNCIL MINUTES PAGE 18

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

2. Open space fees in the amount of $200 per residential unit ($26,400) shall be paid prior to issuance of a building permit, as provided by SMC 12.14;

3. If the project is undertaken before the Midland Drive improvements, the commercial driveway approach on Midland shall be designed and constructed in general conformance with the Shawnee Manual of Technical Specifications and Design Criteria as temporary improvements. The permanent approaches will be constructed as part of the street improvement project;

4. The applicant shall obtain a Public Improvement Permit (Form C) for work within the right-of-way prior to the issuance of a building permit;

5. The applicant shall comply with SMC 12.24 (Construction and Maintenance of Stormwater Facilities) by paying a detention fee based on $5,000 per impervious acre created by the project prior to the issuance of a building permit. The applicant shall be responsible for calculating the number of square feet of impervious area created and submit the figure to Engineering staff;

6. Erosion control measures are required to be undertaken and shall be indicated on the grading plans, as outlined in the staff report. Erosion control measures shall be in place during all construction;

7. Following construction, all disturbed parts of the primary yard shall be covered with sod;

8. A copy of the application and the Environmental Protection Agency National Pollutant Discharge Elimination System Permit shall be filed with the Engineering Division prior to issuance of a grading permit;

9. All utilities shall be placed underground;

10. All fire hydrant and fire lane locations shall be approved by the Fire Chief. Any required hydrants shall be installed prior to issuance of a building permit;

11. The applicant shall revise the technical items listed in the staff report prior to submitting a recording copy of the plat; and

12. A computation plat shall be provided with the recording copies of the final plat.

The motion carried 7-0. NOVEMBER 23, 1998 CITY COUNCIL MINUTES PAGE 19

h) Consider Preliminary and Final Plat of Haltern Acre.

Mayor Allen stated that the Planning Commission recommended 9-0 that the Council approve PrePlat-74-98-11 and FP-75-98-11.

Councilmember Roche, seconded by Councilmember Goode, moved to approve PrePlat-74-98-11 and FP-75-98-11, preliminary and final plat of Haltern Acre, a 2- lot single family subdivision at 60th and Bond, subject to the following conditions:

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

2. Payment of the $400 open space fee shall be paid in a lump sum prior to recording the plat or on a pro-rated basis prior to issuance of a building permit for each lot;

3. Bond Avenue shall be designed and improved to local residential standards as specified in the Staff report. A sidewalk shall be constructed on the east side of Bond Avenue for the portion of the road adjoining the site;

4. The proposed stormwater drainage system shall be designed in accordance with the Shawnee Manual of Technical Specifications and Design Criteria, except as specifically waived or varied by the City Council;

5. The applicant shall pay a stormwater detention fee of $500.00 prior to commencing construction on any public improvements;

6. Combined sets of street and stormwater drainage plans shall be submitted to the City Engineer for approval prior to construction. The applicant must obtain a Public Improvement Permit (Form ”C”) prior to commencing any construction of any public improvements;

7. All public improvements shall be designed and constructed in accordance with the Shawnee Manual of Technical Specifications and Design Criteria, except as specifically varied or waived by action of the City Council;

8. All homes built in the subdivision shall be elevated so that the lowest opening is at least two feet above the base flood elevation;

9. The applicant determine and show on the recording copies of the final plat a base flood elevation for the site;

10. All habitable buildings shall be a minimum of sixty feet (60') from the top of bank of any open channel having a design capacity of 8 c.f.s. or more;

11. All utilities shall be underground with junction boxes located in side or rear yard areas; NOVEMBER 23, 1998 CITY COUNCIL MINUTES PAGE 20

12. Erosion control measures shall be shown on the grading plans and shall be in place prior to commencing any construction;

13. All water main and fire hydrant locations shall be approved by the Fire Chief; and

14. A computation plat shall be provided with the recording copies of the final plat.

The motion carried 7-0.

i) Consider withdrawal of Special Use Permit previously issued to Southwestern Bell Video Services.

Mayor Allen stated that the Planning Commission recommended 9-0 that the Council withdraw SUP-4-97-6, since the seven satellite dishes at Kansas City Shawnee Central Office have been removed.

Councilmember Truitt, seconded by Councilmember Goode, moved to withdraw SUP-4-97-6, special use permit previously issued to Southwestern Bell Video Services, 6134 Pflumm Road. The motion carried 7-0.

j) Consider request for a Special Use Permit for Max Rieke Family Partnership.

Mayor Allen stated that the Planning Commission recommended 9-0 that the Council approve SUP-9-98-11.

Councilmember Truitt, seconded by Councilmember Goode, moved to approve SUP- 9-98-11, special use permit for Max Rieke Family Partnership to allow the relocation of an existing 185’ radio tower in the 15400 block of Midland Drive, subject to the following conditions:

1. The applicant shall construct the tower in the location depicted in a plan for tower relocation submitted to the Planning Department;

2. Approval of the reduction of the required fall zone from 185 feet to 122 feet, or two-thirds the height of the tower;

3. The building permit plans be sealed by a licensed Kansas structural engineer and indicate the fall zone of the tower;

4. The property owner shall be encouraged to consider co-habitation of the tower if approached by telecommunications providers; and

5. Review of the special use permit in one (1) year.

The motion carried 7-0. NOVEMBER 23, 1998 CITY COUNCIL MINUTES PAGE 21

17. CONSIDER REQUEST FOR WAIVER OF SIGN PERMIT FEES AND NUMBER OF BANNER USAGE FROM THE OLD SHAWNEE DAYS SOCIETY.

Mayor Allen stated that the Society is requesting that Council approve an extra banner usage and waiver of sign permit fees for sponsor merchants displaying “Sponsor of Old Shawnee Days” banners.

Councilmember Segale, seconded by Councilmember Truitt, moved to approve an extra banner usage and waiver of sign permit fees for sponsor merchants displaying “Sponsor of Old Shawnee Days” banners, with the banners allowed to be displayed for two weeks prior to Old Shawnee Days until three days after the end of Old Shawnee Days. The motion carried 7-0.

18. CONSIDER RESOLUTION SETTING A PUBLIC HEARING FOR BAYER CORPORATION ON THE ISSUANCE OF SIX MILLION DOLLARS IN INDUSTRIAL REVENUE BONDS.

Mayor Allen stated the Governing Body previously approved up to $100 million for this Bayer project.

Councilmember Snell, seconded by Councilmember Truitt, moved to adopt a resolution setting a public hearing date of December 14, 1998, on the granting of an exemption from ad valorem taxes on all or a portion of the property acquired with proceeds of $6 million in industrial revenue bonds for Bayer Corporation, with the total issued to date at $62 million. The motion carried 7-0. Having passed, Resolution 1150 was assigned.

19. CONSIDER APPROVAL OR DISAPPROVAL OF THE STATE OF KANSAS ISSUING MULTIFAMILY HOUSING REFUNDING REVENUE BONDS FOR SEDONA APARTMENTS.

Mayor Allen stated that staff has notified the Kansas Development Finance Authority that the City has concerns regarding the management operations of Sedona Apartments, and that the Governing Body may be reluctant to concur with the refunding revenue bond issue. He said should the Governing Body wish to pass a Resolution expressing disapproval, the bonds may not be issued for at least a year; however the current bond issue will remain in force. He said nevertheless, this may provide an opportunity for the Council to express their concern with the Sedona Apartment operation.

Councilmember Truitt, seconded by Councilmember Douglas, moved to adopt a resolution for disapproval of the State of Kansas issuing multifamily housing refunding revenue bonds for Sedona Point Apartments.

Councilmember Segale asked if this money would be used to improve the apartments or to lower the interest rates.

Mayor Allen stated he would entertain reissuing these bonds if he knew money would be reinvested back into the apartments. NOVEMBER 23, 1998 CITY COUNCIL MINUTES PAGE 22

GARRY MUNSON, Partner, First Kansas State Partnership, L.P., (owner of Sedona Point Apartments), introduced Nicole Ratzlaff, Property Manager and Beverly Sund, Property Supervisor. He said these bonds were first issued in 1995, in the State of Kansas, by incap bond authority which is a construction loan reset on a weekly basis. He noted that the maturity of the bonds would come up in about a year. He indicated that the purpose of the refunding is to fix the interest rate and pay-off the construction loan for the bonds to have a fixed rate as opposed to the weekly reset rate which had been done originally. He stated that the property was acquired in 1995 and was built in the late 1960’s. He said this has no affect on any property taxes; these apartments pay full property taxes since the acquisition in 1995 and before. He noted they are fixing the interest rate and paying off what was a construction loan provided by a commercial bank. He indicated the only exemption had to do with the exemption of federal taxes on the interest rate that was paid on the taxes. He stated this is a bond issue that includes two other properties located in Overland Park; there are a total of three properties in this one bond issue. He said approximately $2.2 million of renovation was completed on the properties including new appliances, carpets, and roofs. He noted they are currently ready to put on the permanent financing and pay off the construction loan.

Councilmember Segale asked if renting a certain portion to low income people would be a requirement when obtaining these bonds.

GARRY MUNSON answered yes. He said a land restriction agreement was entered into on all three properties in 1995, that restricts for 35 years the occupancy of the people in the apartments to 60% of median income. He noted that median income in the Kansas City metropolitan area is $52,600. He indicated it ranges from $20,790 for a single person up to $34,452, depending on the size of the family.

Councilmember Segale asked if GARRY MUNSON or the management company is aware of the problems Shawnee has had with the Sedona Point Apartment complex.

GARRY MUNSON stated they have worked closely with Police Officer Collins particularly regarding three incidents that occurred October 1997. He said Sedona Point Apartments is one of two properties in Shawnee that has instituted the crime free drug addendum to their leases. He noted based on that addendum, they have made a number of evictions. He thanked the City of Shawnee for the help. He indicated they have also worked very closely with the Police Department regarding back-ground checks in the last year for potential residents. He said that has been helpful upgrading the tenants of the property.

Councilmember Segale asked staff if there had been any improvements to the operation of Sedona Point Apartments.

Police Chief Hayselden stated Police Officer Greg Collins is working with Sedona Point Apartments and the frequency of calls have gone down.

GARRY MUNSON stated they are able to make decisions on renewing leases because of the input they receive from the Police Department. He said those properties needed a lot of renovation in 1995; they inherited a lot of problems that they have addressed and felt they had done a good job. NOVEMBER 23, 1998 CITY COUNCIL MINUTES PAGE 23

Councilmember Truitt stated her concern is the bad crime there. She said the City of Shawnee is expending valuable resources by having police officers answering so many calls. She noted the City would rather see Sedona Point Apartments acquire a 24-hour security guard or at least security that begins at sundown and ends at sunrise. She indicated that she does not like the idea of having a Shawnee police officer over there full-time.

GARRY MUNSON stated Universal Patrol was added in October 1997, and the incidents of crime have gone down significantly. He said the property is turning around as far as the quality of residents Sedona Point Apartments is attracting.

Councilmember Truitt mentioned that the residents of Ward IV that live close to those apartments have some very deep safety concerns.

Councilmember Douglas asked about the construction loan.

GARRY MUNSON stated the tax exempt bonds that were issued in 1995 permitted the acquisition of this property and the $2.2 million in renovation of the property. He said the construction loan is for five years, and the purpose of the refunding of the 1995 tax exempt volume cap. He noted the State has only so much volume cap available every year. He indicated they had five years to complete the construction, stabilize the property, and have enough income from the property to put new long term tax exempt bonds on it. He stated it is really a refunding of the same 1995 issue.

Councilmember Douglas asked if GARRY MUNSON was referring to reconstruction.

GARRY MUNSON answered no. He said it was the acquisition at that time of existing apartment properties and the renovations that included roofs, appliances, carpets, and work that needed to be done. He indicated the following work was done and $6,000 per unit was spent: exterior wood work, extensive painting, reconstruction of the balconies, pool, pool deck area, club house, and fences.

Councilmember Douglas stated the City of Shawnee does not want to see the crime pattern that has occurred at Sedona Point Apartments to exist again.

Councilmember Goode stated he would be in favor of this item if Sedona Point Apartments improved their situation.

GARRY MUNSON stated the State is the issuer of the bonds and they inspect and conduct follow-ups with respect to the bond issue and the apartments. He assured Council that they would do the best job possible to be a good neighbor and keep the property improved if these bonds were paid-off with the longer maturity and fixed rate. He indicated they have a significant amount of money set aside this year for needed improvements and will continue to do that type of work. He noted that if these bonds do not get refunded, he may not be able to own the property any longer because it would be foreclosed. He stated if this item is approved, it will close in December 1998 and they can move forward. NOVEMBER 23, 1998 CITY COUNCIL MINUTES PAGE 24

Mayor Allen stated the number of calls to the Police Department have gone down in the last year. He asked if the City could get a commitment for a security guard because a number of the crime incidents take place in the evening.

GARRY MUNSON stated they would do that in any formal way the City would prefer.

City Manager Montague stated the City is only aware of occasional drive through security at Sedona Point Apartments. He asked if GARRY MUNSON would be willing to commit to full-time security for evening hours.

GARRY MUNSON stated their security drives through the parking lot once an hour. He stated they would commit to starting December 1, 1998, and asked if they could evaluate the agreement after a full year.

Councilmember Truitt asked if this item would come up for renewal next year.

Mayor Allen answered no.

Councilmember Goode asked if Sedona Point Apartments could control the situation of more than one family living in an apartment unit.

GARRY MUNSON responded that it is difficult to control day-by-day, but is controllable over a period of time. He said they worked with the Johnson County Section 8 Housing and convinced them, a number of months ago, that they have their fair share of Section 8 Housing residents. He noted that the have a significantly lower number of Section 8 Housing residents compared to last year.

Councilmember Snell stated full-time security would not cost as much money as the applicant would save with this being financed at a lower interest rate.

GARRY MUNSON stated they would commit to a full-time security officer for one full year along with working closely with the Police Department. He said if the City felt after one full year that enough progress had not occurred, he pledged that they would continue the service if they could look at the situation year-by-year.

CHARLOTTE HARGIS, 6925 Ballentine, stated that there are children, with parents that do not pay much attention to them, that go to school from Sedona Point Apartments and neighboring parents are considering sending their children to different schools. She asked about the apartment’s drug policy and whether or not they allow felons to live there. She also asked what percentage of mental health residents reside at the apartment complex and indicated that they are vulnerable. She asked how many residents moved in from the apartment complex that was torn down in Merriam, if they had a full-time manager on-site, and what percentage of Section 8 Housing residents are living there currently.

BEVERLY SUND, Property Supervisor, Sedona Point Apartments, 2416 Queen Ridge, Independence, Missouri, stated the current lease requires a drug-free environment and if violated, a resident’s lease is immediately terminated. NOVEMBER 23, 1998 CITY COUNCIL MINUTES PAGE 25

NICOLE RATZLAFF, 5030 Canterbury, Overland Park, stated Sedona Point Apartments has eleven employees working on-site and all but three of the employees live on-site. She said that Police Officer Collins faxes, once a week, information to Sedona Point Apartments.

BEVERLY SUND stated they have terminated 25 leases over the last year based on reports they have received from Police Officer Collins and other evidence they discovered on their own of drug or criminal misconduct.

NICOLE RATZLAFF stated that 22% of the residents at Sedona Point Apartments are Section 8.

GARRY MUNSON stated the percentage was 34% in October 1997.

Councilmember Truitt stated she would amend the motion if the following conditions were met: a full-time security guard be provided from dusk to daylight; no more than four unrelated adults per unit; and that the Codes Division evaluate the property occasionally.

Mayor Allen asked if the apartments were already in the new neighborhood focus program.

City Manager Montague answered yes.

NICOLE RATZLAFF stated they currently do not allow any more than four unrelated adults per unit. She said they are participating in Overland Park’s crime program. She noted that there are a total of three steps to complete for the program; she has completed the first step. She indicated Police Officer Collins had done a survey in 1996 for the property, and that he would be looking at what other changes needed to be made; they are planning on making some big improvements this year.

Councilmember Truitt, seconded by Councilmember Douglas, withdrew the motion to adopt a resolution for disapproval of the State of Kansas issuing multifamily housing refunding revenue bonds for Sedona Point Apartments.

Councilmember Douglas encouraged GARRY MUNSON to continue improving Sedona Point Apartments. She said the apartments are located in a convenient area and should attract quality residents.

CHARLOTTE HARGIS stated Shawnee residents have invested millions of dollars in the schools and Nieman Elementary school is going down hill. She said an agreement in writing should be made between the City and Sedona Point Apartments.

Councilmember Snell, seconded by Councilmember Segale, moved to approve the State of Kansas issuing multifamily housing refunding revenue bonds for Sedona Point Apartments, with the stipulation that Sedona Point Apartments provide a written agreement that indicated they would provide full-time security from dusk to dawn. The motion carried 6-1, with Councilmembers Segale, Roche, Goode, Severance, Douglas, and Snell voting “aye”, and Councilmember Truitt voting “nay”. NOVEMBER 23, 1998 CITY COUNCIL MINUTES PAGE 26

20. CONDUCT PUBLIC HEARING TO CONSIDER AN AMENDMENT TO THE 1998 BUDGET FOR ADDITIONAL $17,522.16 IN LAVTR FUNDS FROM THE STATE.

Mayor Allen stated that the State requires that the City conduct a public hearing regarding the amendment to the 1998 Budget for an additional $17,522.16 in LAVTR funds from the State.

Councilmember Severance, seconded by Councilmember Snell, moved to conduct a public hearing regarding the amendment to the 1998 Budget for additional $17,522.16 in LAVTR funds from the State. The motion carried 7-0.

Finance Director Meyer stated the reason the City asked for the amendment is to receive the money this year. He noted that the money has been earmarked for Old Shawnee Town.

Councilmember Snell stated at some point these funds could be used to provide a mobile trailer traffic unit for public safety.

Councilmember Snell, seconded by Councilmember Goode, moved to conclude the public hearing. The motion carried 7-0.

Councilmember Goode, seconded by Councilmember Truitt, moved to approve the amendment to the 1998 Budget for an additional $17,522.16 in LAVTR funds from the State. The motion carried 7-0.

COUNCIL ITEMS

BUSINESS FROM THE FLOOR a) Flooding Problems.

ROBERT BOWMAN, 8401 Clare Road, Lenexa, stated there is a flooding problem in Lenexa. He said he has met with members from the City of Lenexa and presented them with photographs, video tapes, a drainage study, maps, and outlined exactly what is going on in this location. He noted that both Shawnee and Lenexa has water that sheds into two basins in Perimeter Park, and that water floods his property on a regular basis. He indicated that he purchased his home in December 1995. He said in June 1996 and 1997, and October 1998, he had elevating flood conditions in his home from Clear Creek. He stated that improper stormwater management through the community has created severe problems and endangered the lives of his family and neighbors. He said after the June 1996 flood, he put in a three foot berm, a four inch drain, with a one way valve. He said he has a sump pump at the base of his drive to kick out excess water. He noted the most recent rain of October 4, 1998, overwhelmed those measures and flooded his home. He indicated his home is a total loss and will never sell because of the alterations of the stormwater drainage in their area.

ROBERT BOWMAN stated on October 23, 1998, the City of Lenexa’s Director of Public Works was notified of the potential threats in the community. He said that the City of Shawnee has been notified of their situation since 1997. He asked if the City of Shawnee had met with anyone concerning the problem. NOVEMBER 23, 1998 CITY COUNCIL MINUTES PAGE 27

Mayor Allen stated since the October 4, 1998 rain storm, the City received information that about 150 different locations had flooded in Shawnee. He said if the City of Shawnee does additional development it should be looked at.

ROBERT BOWMAN stated Perimeter Park has two basins in Shawnee. He said he did not know who is responsible for the basins or water. He said he would like to present video tapes and photographs to the City of Shawnee of the water situation there. He noted the video’s show the erosion taking place in these basins and the largest basin holds up to 15 million gallons of water. He indicated whoever engineered and constructed this basin, put the spillway directly over the discharge tube. He said this is a detention pond that does not hold water; it collects 200 acres of water from Perimeter Park, Shawnee, and Lenexa. He noted that this facility has an enormous amount of water that comes in, dumps the water into the creek, puts the creek at its full capacity quickly, and elevates the water out of its banks. He indicated when the water does go over the spillway, the water erodes the dirt away from the discharge tube (15 feet) that is 1/5 of the distance of the dike itself being eroded. He stated it will be hazardous to property and lives if this dike breaks.

Mayor Allen stated the City can notify the owners of that property if the detention pond needs to be rectified and repaired. He said that he would personally come out to ROBERT BOWMAN’s house and Perimeter Park with City officials to look at this. He noted that he is cautious because ROBERT BOWMAN’s statements indicate that if Perimeter Park had not been developed, there would not have been problems after the October 4, 1998 rain storm which is hard to believe because so many people were affected by that storm that had never had problems before.

Councilmember Segale asked if the development is required to maintain their storm drainage systems.

Public Works Director Freyermuth answered yes. He said that Perimeter Park had been notified that there is maintenance work needed on the north and south detention basin. He said there is also a work order for repair work to the pipe. He noted that the work done will be a combined effort by the City and developer.

Councilmember Segale asked if the storm drainage systems are designed to the current standards.

Public Works Director Freyermuth answered it was designed to the standards at the time it was installed.

Councilmember Segale asked if it is sufficient currently.

Public Works Director Freyermuth stated the design criteria in place is different than today’s criteria, but it was designed to the criteria that was in place at the time the subdivision was developed which is a requirement for all subdivisions and developments in the City.

Councilmember Segale stated the County has a stormwater management program and Lenexa presented a bunch of projects as a result of the last rain storm. He said that he would NOVEMBER 23, 1998 CITY COUNCIL MINUTES PAGE 28

look at the submissions to see if ROBERT BOWMAN’s area was presented. He noted that there is a pool of money available for the cities and they match 25% and the County pays 75%.

Mayor Allen asked staff to write an additional letter to the owners of Perimeter Park regarding ROBERT BOWMAN’s concern on the current condition of the pipes and to indicate that the pipes need to be repaired immediately. He said the video tapes and photographs presented by ROBERT BOWMAN would be available for review in the Council’s chambers.

NANCY CHIRAFISI, 8426 McCormick Drive, stated she has lived at this location for five years, and when she first moved there the 100-year flood stage was at her outer fence. She said since that time, there have been 7 - 8 buildings developed within Perimeter Park. She indicated that initially, when there were only two buildings close to K-7 Highway, she did not experience the type of flooding that occurs currently. She noted with every rain they are achieving 100-year flood stage. She asked that the City of Shawnee follow-up with letters and code enforcement on the dams.

STAFF ITEMS

21. CONSIDER APPROVAL OF 1999 CITY HOLIDAYS.

Councilmember Goode, seconded by Councilmember Truitt, moved to approve the 1999 holidays, granting City employees nine (9) holidays and one personal day:

Date Holiday Friday, January 1, 1999 New Year’s Day Monday, January 18, 1999 Martin Luther King, Jr. Day Monday, February 15, 1999 Presidents’ Day Monday, May 31, 1999 Memorial Day Monday, July 5, 1999 Independence Day Monday, September 6, 1999 Labor Day Thursday, November 25, 1999 Thanksgiving Day Friday, November 26, 1999 Thanksgiving Holiday Friday, December 24, 1999 Christmas Holiday

The motion carried 7-0.

22. CONSIDER APPROVAL OF AN AGREEMENT BETWEEN THE CITY OF SHAWNEE AND THOMAS K. JONES, TRUSTEE OF THE EVA S. SMITH REVOCABLE TRUST TO ACQUIRE RIGHT-OF-WAY/EASEMENTS, P.N. 3233.

Mayor Allen stated that engineering and legal staff have reviewed this agreement and recommend that Council authorize the Mayor to sign agreement.

Councilmember Douglas, seconded by Councilmember Goode, moved to authorize the Mayor to sign an agreement with Thomas K. Jones, Trustee of the Eva S. Smith revocable NOVEMBER 23, 1998 CITY COUNCIL MINUTES PAGE 29

trust to acquire right-of-way/easements for the 71st Street construction project, P.N. 3233. The motion carried 7-0.

23. CONSIDER APPROVAL OF AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF SHAWNEE AND JOHNSON COUNTY FOR QUIVIRA DRIVE (47TH STREET - 51ST STREET) RECONSTRUCTION, P.N. 3249.

Councilmember Snell, seconded by Councilmember Douglas, moved to authorize the Mayor to sign an agreement between the City of Shawnee and Johnson County for the reconstruction of Quivira Drive (47th Street - 51st Street) for new curbs, pavement, storm sewer facilities, street lights, and sidewalk, with the total estimated cost at $1,050,000, with CARS funding approximately $180,000 (25%), and the City’s estimate cost at $870,000. The motion carried 7-0.

MISCELLANEOUS ITEMS

24. CONSIDER APPROVAL OF SEMI-MONTHLY CLAIM FOR NOVEMBER 23, 1998, IN THE AMOUNT OF $1,139,676.24.

Councilmember Truitt, seconded by Councilmember Goode, moved to approve the semi- monthly claim for November 23, 1998, in the amount of $1,139,676.24. The motion carried 7-0.

25. MISCELLANEOUS COUNCIL ITEMS.

a) National League of Cities December 1 - 5, 1998.

Councilmember Truitt reminded Council that the National League of Cities would be in Kansas City December 1 - 5, 1998. She said Vice President Al Gore and Bill Bradley would be in attendance. She noted that this is a major event and national coverage by the press would occur.

ADJOURNMENT

Councilmember Severance, seconded by Councilmember Douglas, moved to adjourn. The motion carried 7-0, and the meeting adjourned at 9:35 p.m.

______Sonya Fendorf Recording Secretary