CITY OF SHAWNEE
CITY COUNCIL MEETING
MINUTES
JULY 8, 2002
7:30 P.M.
Mayor Allen called the meeting to order at 7:30 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
Councilmember Segale
Councilmember Pflumm
Councilmember Goode
Councilmember Sawyer
Councilmember Meyers
Councilmember McGuff
Councilmember Thomas
Councilmember Newby
Staff Present
City Manager Montague
City Attorney Rainey
Assistant City Manager Gonzales
Public Works Director Freyermuth
Finance Director Meyer
Planning Director Chaffee
Parks & Recreation Director Holman
Deputy Police Chief Morgan
Fire Chief Hudson
City Engineer Wesselschmidt
Project Engineer Lindstrom
Project Engineer Gregory
Members of the public who spoke was: Item 13c - DAVID MORRIS, 6125 Melrose Lane.
CONSENT AGENDA
1.
APPROVE MINUTES FROM THE CITY COUNCIL MEETING OF JUNE 24,
2002.
2.
REVIEW MINUTES FROM THE PLANNING COMMISSION MEETING OF
JUNE 17, 2002.
3.
APPROVE MINUTES FROM THE BUDGET MEETING OF JUNE 18, 2002.
4.
APPROVE MINUTES FROM THE FINANCE AND ADMINISTRATION
COMMITTEE MEETING OF JULY 2, 2002.
5.
APPROVE MINUTES FROM THE BUDGET MEETING OF JULY 2, 2002.
6.
CONSIDER CHANGE ORDER NO. 2 FOR THE WEST SWIMMING POOL
RENOVATIONS, P.N. 3276.
The contract was awarded to the Vanum Construction Co., Inc., Kansas City, Kansas, on
August 16, 2001, in the amount of $3,170,580. The first change order was for a decrease.
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CITY COUNCIL MINUTES
JULY 8, 2002
Change Order No. 2 reflects a net increase of $132,841. The new contract amount for
this project is $3,276,127.
Councilmember Goode, seconded by Councilmember Newby, moved to approve the entire
consent agenda. The motion carried 8-0.
MAYOR’S ITEMS
Mayor Allen thanked the staff that attended the Thomas Soetaert Aquatic Center dedication on
July 6, 2002. He said there have been very positive comments made about the Aquatic Center.
He indicated that there were over 2,400 people that attended the Aquatic Center on July 5, 2002.
He noted that the Aquatic Center has been a very successful endeavor for the City.
PUBLIC ITEMS
7.
CONSIDER THE FOLLOWING ITEMS
COMMISSION MEETING OF JUNE 17, 2002.
a)
FROM
THE
PLANNING
Consider FP-20-02-06, the final plat for Mill Creek Meadows, 3rd Plat, for 43 lots
at 53rd Terrace and Lakecrest Drive.
Mayor Allen stated that the Planning Commission recommended 10-0 that
Council accept the dedications on FP-20-02-06.
Councilmember Goode, seconded by Councilmember Newby, moved to accept
the dedications on FP-20-02-06, the final plat for Mill Creek Meadows, 3rd Plat,
for 43 lots at 53rd Terrace and Lakecrest Drive, subject to the Planning
Commission’s recommendations listed in the July 8, 2002 staff report. The
motion carried 8-0.
b)
Consider Z-4-02-06, a request to rezone from AG (Agricultural) to R-1 (Single
Family Residential) to bring one lot (PrePlat-21-02-06) into conformance with
current zoning regulations at 4830 Old K-7 Highway.
Mayor Allen stated that the Planning Commission recommended 10-0 that
Council approve Z-4-02-06.
Councilmember Goode, seconded by Councilmember Meyers, moved pass an
ordinance and approve Z-4-02-06 a request to rezone from AG (Agricultural) to
R-1 (Single Family Residential) to bring one lot (PrePlat-21-02-06) into
conformance with current zoning regulations at 4830 Old K-7 Highway, subject
to the Planning Commission’s recommendations listed in the July 8, 2002 staff
report. The motion carried 8-0. Having passed, Ordinance 2616 was assigned.
8.
CONSIDER THE FOLLOWING ITEM FROM THE PLANNING COMMISSION
MEETING OF JULY 1, 2002.
JULY 8, 2002
a)
CITY COUNCIL MINUTES
PAGE 3
Consider FP-24-02-07, the final plat for Town and Country Villas, 3rd Plat, for
two lots at 71st Terrace and Hedge Lane Terrace.
Mayor Allen stated that the Planning Commission recommended 8-0 that Council
accept the dedications on FP-24-02-07.
Councilmember Goode, seconded by Councilmember Segale, moved to accept the
dedications on FP-24-02-07, the final plat for Town and Country Villas, 3rd Plat,
for two lots at 71st Terrace and Hedge Lane Terrace, subject to the Planning
Commission’s recommendations listed in the July 8, 2002 staff report. The
motion carried 8-0.
9.
CONSIDER S-120-02-06, A SIGN VARIANCE REQUEST FOR COLOR AT
TACO BELL, 5650 HEDGE LANE TERRACE.
Mayor Allen stated that this request is for a wall sign at the Taco Bell/Kentucky Fried
Chicken building at 5650 Hedge Lane Terrace.
Councilmember Meyers, seconded by Councilmember Goode, moved to approve S-12002-06, a sign variance request for color at Taco Bell/Kentucky Fried Chicken, 5650
Hedge Lane Terrace, subject to the Planning Commission’s recommendations listed in
the July 8, 2002 staff report. The motion carried 8-0.
10.
CONSIDER SETTING A PUBLIC HEARING DATE FOR THE 2003 BUDGET
ON JULY 22, 2002.
Councilmember Segale, seconded by Councilmember Goode, moved to set the public
hearing on the 2003 Budget for July 22, 2002 at 7:30 p.m., and authorize staff to publish
the dollar levy at $10,610,748, with an estimated mill levy of 20.842, for a total budget of
$50,443,515. The motion carried 8-0.
11.
CONSIDER SETTING A PUBLIC HEARING DATE FOR AN AMENDMENT TO
THE 2002 BUDGET ON JULY 22, 2002.
Councilmember Segale, seconded by Councilmember Goode, moved to set the public
hearing to amend the 2002 Budget for the General Fund to an amount of $28,234,946, for
July 22, 2002 at 7:30 p.m. The motion carried 8-0.
12.
CONSIDER ADOPTION OF A RESOLUTION FOR A COUNTYWIDE SALES
TAX.
Councilmember Thomas stated that she opposes this item. She mentioned that the City
hired Elaine Tatham, ETC, and spent $10,000 to do a survey of 1,000 Shawnee citizens
that said specifically what are your preferences regarding recreation. One of the
questions was "would you vote to raise your sales tax to pay for more pools". The
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CITY COUNCIL MINUTES
JULY 8, 2002
interpretation of the survey was there was not a predominance that would support that.
The survey also asked "would you vote to raise your property tax to pay for additional
pools", which had the same result. She said the Aquatic Center has only been open for
three weeks and everybody is loving it. She indicated that the City is going to conduct
another survey through ETC this fall, August 2002. She asked why even bother ask
people what they think if Council is going to do what they want. She stated this may
sound like found money because the School District put it on the ballot instead of
Council voting to do it. Still, people are going to go to the polls on August 6, 2002 to
vote on a 1/4 cents sales tax of which 1/3 of that would go to this purpose. She indicated
that dedicating the City portion of revenue to construct pools might actually help the tax
pass in Shawnee is the opinion of Councilmember Segale. She thinks the opposite could
be true because people are feeling so crunched and they don't want to add any additional
taxes except for emergency kinds of things like rescuing the schools.
Councilmember Thomas stated she thinks they could be contributing to the failure of the
tax in Shawnee because 1,000 citizens have told them that they don't want to raise their
sales tax for this purpose. It seems like the money is burning a hole in their pockets. She
would rather see the public voting on August 6th, do the survey, and then decide what to
do with the funds. She said they do not have to earmark the money now. She said if the
survey came out with people strongly saying yes to doing the two pools then they could
earmark it if it passes. She said there is no point to earmarking the money right now.
Councilmember Segale stated he disagrees with that. He said the vast majority of people
that are going to go to the polls and vote hopefully for this are going to vote for it because
of the schools. The schools have said they are going to spend it on operating the schools.
He indicated if this passes, the City is going to get the money and it is reasonable to say
that the City is going to spend it on something that he thinks there is support for, which is
improving the east pool at a minimum, and that is where the vast majority of the money
would probably go. Acquiring the land for the west pool is something the City shows on
the Capital Improvement Plan already, along with improving the east pool. He said they
have made a decision that they will go forward with a rebuild of the east pool and in the
future build a new pool in western Shawnee. He said he thinks there is support for those
two things and the polls will show that. He indicated that people have seen what they
have done with $4 million at the Aquatic Center now and he thinks there will be support
for it and it could actually help the ballot measure. He stated ultimately, he thinks people
are going to go to the polls because of the school issue more than they are going to go to
the polls because of the pool issue.
Councilmember Thomas stated some people will be going to the polls because they do
not want any more taxes.
Councilmember Segale stated those people would vote no regardless of what the tax is
for.
Councilmember Thomas stated she thinks he is mischaracterizing the results of the
survey. She said there is support by Council for remodeling the east pool, but the survey
JULY 8, 2002
CITY COUNCIL MINUTES
PAGE 5
did not say that specifically. There were people who said just the west pool and there
were people who said just the east pool, but there was not a majority who said both pools.
She indicated that is the action Council is taking tonight. She said Council is overriding
the survey and jumping the gun. She asked why should the City pay ETC another
$10,000 to do another survey in August if Council is going to jam it on through anyway.
Councilmember Segale stated he thinks the survey in August will be about parks and
recreation and the quality of life programs in the City. He said it is not going to be
specifically about the pools although there will be questions asked about the pools. He
indicated that the survey showed there are constituencies, depending upon where people
lived, who cared about one pool or the other. He noted that Ward IV did not seem to
offer any opinion because there are not any pools there now. The political reality is there
is strong support in Ward I and II for the reconstruction of the east pool and he thinks
there is a majority of Councilmembers who supports that. He said the people in western
Shawnee want a pool and that is what the survey said.
Councilmember Thomas stated the survey this fall was to be very specific about the
pools. The point of the survey is to find out if the citizens want the City to go deeper in
debt or to raise taxes for two additional pools.
Councilmember Meyers stated at this time Council does not know if they will see a
penny of any of this. He said he agreed with Councilmember Segale. He said the County
even asked the cities to strongly consider using these monies towards parkland
acquisitions. He indicated that they are stepping forward by saying they agree that is
something they can help provide for the citizens of Shawnee. He said he agrees with this
action and if it happens they will benefit from it City-wide.
Councilmember Newby stated he likes this idea because it is proactive. He said there
was a point when there was some confusion about if this was passed, if, at a County level,
it would hold up with the Kansas Constitution. He asked if that issue had been resolved.
He said the way this is worded is this is what it is going to be used for. He asked would
they have boxed themselves into something that they did not anticipate if there was any
risk that the funding would stop.
City Attorney Rainey said right now the City is relying on the legal opinion of various
people. He said Attorney General Stovall some time ago ruled that it would be legal and
it could be done. The County Commissions paid for an independent opinion from an
attorney to research it who was a former retired Kansas Court of Appeals Judge and
former Dean of Kansas University Law School. Most attorneys think that it is legal. If
there were any challenge to it, he would anticipate that they would seek conjunctive relief
to keep the County from collecting it in the first instance until the matter had been
decided by Court. He said he does not see any risk for the City in going ahead in this
manner.
Councilmember Thomas stated she has spent a lot of time researching that and going out
to the County. She said that the County held an illegal executive session to take
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CITY COUNCIL MINUTES
JULY 8, 2002
Professor Login's report. Then some of the Commissioners leaked it to the press that
what Professor Login told them in secret was if it was the combo deal through the County
that would have been either with parks or infrastructure. It had an 80% chance of passing
legal muster. If it was where the schools put it on the ballot, that is a pass through, and is
really the intent to subvert the local option budget and that it only has a 50% chance that
any money would ever be collected and delivered of ever passing legal muster even if it
passes at the polls on August 6, 2002. She said people are making decisions without
being fully informed. She said there is a strong likelihood that everybody will get all
excited about this and it will not happen anyway.
Councilmember Pflumm stated he thought the idea is a good idea because when the
people go to the polls on August 6th, they will know what they will be voting for (the
schools and, in Shawnee's case, the pools on the east and west side).
Councilmember Segale asked that staff post this at the swimming pools in the City so
people will know.
Councilmember Segale, seconded by Councilmember Meyers, moved to adopt a
resolution declaring support for a countywide sales tax for school funding and dedicating
the City portion of revenue to reconstruction of an aquatic facility in eastern Shawnee,
and acquisition of parkland for the development of a future aquatic facility in western
Shawnee. The motion carried 7-1, with Councilmembers Pflumm, Segale, Sawyer,
Goode, Meyers, McGuff, and Newby voting aye, and Councilmember Thomas voting
nay. Having passed, Resolution 1322 was assigned.
COUNCIL ITEMS
13.
CONSIDER THE FOLLOWING ITEMS FROM THE FINANCE
ADMINISTRATION COMMITTEE MEETING OF JULY 2, 2002.
a)
&
Consider application to issue a resolution of intent for the issuance of private
activity revenue bonds from Renner West, LLC, for the Renner North Office
Building.
Chairperson Meyers stated that the Committee recommended 4-0 that Council
approve the application to issue a resolution for the Renner North Office
Building.
Councilmember Meyers, seconded by Councilmember Goode, moved to adopt a
resolution of intent for the issuance of private activity revenue bonds from Renner
West, LLC, for the Renner North Office Building, to be located at the northwest
corner of Midland and Renner Road, including a 50% tax exemption for ten (10)
years in the principal amount not to exceed $4,000,000. The motion carried 8-0.
Having passed, Resolution 1323 was assigned.
JULY 8, 2002
b)
CITY COUNCIL MINUTES
PAGE 7
Consider final plans for the improvement of 55th Street between Rosehill Road
and Quivira Road, P.N. 3286.
Chairperson Meyers stated that the Committee recommended 4-0 that Council
approve the final plans for P.N. 3286.
Councilmember Meyers, seconded by Councilmember Goode, moved to approve
final plans for the improvement of 55th Street between Rosehill Road and Quivira
Road, P.N. 3286. The motion carried 8-0.
c)
Consider final plans for the Turkey Creek Tributary Channel improvement, Phase
V, north of 60th and west of Flint, P.N. 3275.
Chairperson Meyers stated that the Committee recommended 4-0 that Council
approve the final plans as presented and direct staff to proceed with bidding the
project as soon as possible.
DAVID MORRIS, 6125 Melrose Lane, reminded Council that every time
upstream is improved with concrete, downstream is affected. He said the City is
adding more and more from the construction on Shawnee Mission Parkway to a
number of projects that are being done.
Mayor Allen stated they are aware of that. He said there is also an additional
study mainly in the Merriam branch of this along Turkey Creek going to
Southwest Boulevard where they are supposed to take in this other development.
Councilmember Segale asked if staff had looked at using CDBG monies for the
downstream areas.
City Manager Montague stated that is a possibility. He said they have held back
and did not have an application this year so that the downtown community would
have a possibility of submitting a $200,000 CDBG grant. He indicated if the
Downtown Committee determines that money should be spent that way they can
make that recommendation to the Council.
Councilmember Segale mentioned that area of the creek was one of the things that
was specifically discussed.
Councilmember Meyers, seconded by Councilmember Goode, moved to approve
final plans for the Turkey Creek Tributary Channel improvement, Phase V, north
of 60th and west of Flint, P.N. 3275, and direct staff to proceed with bidding the
project as soon as possible. The motion carried 8-0.
BUSINESS FROM THE FLOOR
There was no business from the floor.
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CITY COUNCIL MINUTES
JULY 8, 2002
STAFF ITEMS
14.
CONSIDER BIDS FOR TANDEM DUMP BODY AND HYDRAULICS.
Mayor Allen stated that bids were received on June 25, 2002. Staff recommends that
Council award the bid to American Equipment, of Kansas City, Kansas, in the amount of
$22,267.
Councilmember Goode asked if this is a new truck body only for a truck.
Public Works Director Freyermuth answered it is actually the truck and body. He said
the truck was purchased through the municipal bid process.
Councilmember Segale, seconded by Councilmember Meyers, moved to award the bid to
American Equipment, of Kansas City, Kansas, in the amount of $22,267, for Tandem
Dump Body and Hydraulics, replacement equipment for the Public Works Department.
The motion carried 8-0.
APPOINTMENTS
15.
CONSIDER APPOINTMENTS TO THE DOWNTOWN COMMITTEE.
Mayor Allen nominated the following people for the Downtown Committee: Gene Amos,
Jeffrey Bahnson, Kevin Bennett, Augie Bogina III, Steve Burdolski, Ed Calkins, Paul
Chaffee, Bill Daniels, Carol Gonzales, Connie Harrell, Wanda Jenkins, Alan Martin
DDS, Gary Montague, David Morris, and Neal Sawyer. He said he would also be on the
Downtown Committee, and that there possibly would be one or two additional
appointments.
Councilmember Thomas stated she has been nervous about putting $100,000 in this
upcoming budget for the Downtown Committee. She commented to David Morris that
she was counting on him to really watch it and not spend the money if they don't need to.
She asked that they not spend all the money in the first year. She noted that generally
civic organizations or committees will spend every thing in their budget.
Councilmember Sawyer stated Council has to vote on how that money is spent. He said
the Downtown Committee can make suggestions, but the money is spent by the full vote
of this Council.
Councilmember Thomas stated the Downtown Committee is going to look at it as kind of
the right of entitlement, that that is their budget. She said that amount is half as much as
the City spends with Shawnee Economic Development Council who promotes the whole
City.
JULY 8, 2002
CITY COUNCIL MINUTES
PAGE 9
Councilmember Segale, seconded by Councilmember Meyers, moved to appoint Jim
Allen, Gene Amos, Jeffrey Bahnson, Kevin Bennett, Augie Bogina III, Steve Burdolski,
Ed Calkins, Paul Chaffee, Bill Daniels, Carol Gonzales, Connie Harrell, Wanda Jenkins,
Alan Martin DDS, Gary Montague, David Morris, Neal Sawyer to the Downtown
Committee. The motion carried 8-0.
MISCELLANEOUS ITEMS
16.
CONSIDER APPROVAL OF SEMI-MONTHLY CLAIM FOR JULY 8, 2002, IN
THE AMOUNT OF $1,238,576.03.
Councilmember Goode, seconded by Councilmember Sawyer, moved to approve the
semi-monthly claim for July 8, 2002, in the amount of $1,238,576.03. The motion
carried 8-0.
17.
MISCELLANEOUS COUNCIL ITEMS.
a)
Policy to allow disabled veterans or disabled citizens for health reasons to access
the pool facilities at no cost.
Councilmember Pflumm stated the City does not have a policy for disabled
veterans or disabled citizens using the pools for health reasons. He asked if staff
could draft a policy to allow the disabled to use the pool facilities at no cost.
Mayor Allen stated staff could research that and bring the policy to a Committee
meeting for discussion. He said part of it would be what is defined as a disability.
He indicated that Shawnee residents over the age of 62 are entitled to use the pool
facilities free of charge. He indicated maybe if someone is on social security
disability which is fairly difficult to receive, but would maybe qualify. He said he
did not think the City needs to be in the business of determining who is disabled.
He noted if Council moves forward on that policy, the word disability needs to be
fairly defined such as someone would have to be on social security disability.
Otherwise, there are all kinds of disabilities out there. He said he knows the
intent is good, but it may be hard to interpret it and regulate.
b)
Newspaper Reporters.
Councilmember Thomas introduced Peter Boylan, who is the new reporter for
The Kansas City Star. She said that Mr. Boylan was an intern with Knight Ridder
and comes to Kansas City from Washington D.C. She indicated that Mr. Boylan
was born in Hawaii.
Councilmember Thomas welcomed back Joyce Rabas, the reporter for the Sun
Newspaper.
c)
I-435 and Maurer Road and Johnson Drive and 65th.
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CITY COUNCIL MINUTES
JULY 8, 2002
Councilmember Segale stated half of the Council and the Mayor traveled to
Charlotte, North Carolina to look at the traditional neighborhood project. He said
the trip reaffirmed what he thought about traditional neighborhood projects,
which was they are really great. He indicated the others that attended seemed to
be surprised at what they saw and the quality of it. He noted that Shawnee has a
site that has been identified as a location for that type of development.
Councilmember Segale, seconded by Councilmember McGuff, moved to direct
staff to explore the legal mechanisms to support the development of the area
bounded by I-435 and Maurer Road and Johnson Drive and 65th as a mixed use
traditional neighborhood development.
The motion carried 7-1, with
Councilmembers Pflumm, Segale, Sawyer, Goode, Meyers, McGuff, and Newby
voting aye, and Councilmember Thomas voting nay.
ADJOURNMENT
Councilmember Sawyer, seconded by Councilmember Pflumm, moved to adjourn. The motion
carried 8-0, and the meeting adjourned at 8:00 p.m.
_______________________________
Sonya Fendorf
Recording Secretary