CITY OF SHAWNEE
CITY COUNCIL MEETING
MINUTES
AUGUST 25, 1997
7:30 P.M.
Mayor Allen called the meeting of August 25, 1997, to order at 7:34 p.m. in the Shawnee City Hall
Council Chambers. Councilmembers present were: Councilmembers Truitt, Segale, Goode, Meyers,
Breitenstein, Douglas, and Snell. Absent was: Councilmember Severance. Others present were: City
Manager Montague, Finance Director Meyer, Public Works Director Freyermuth, City Engineer
Wesselschmidt, City Clerk/Human Resources Director Hodges, Police Chief Hayselden, Fire Marshall
Hudson, Planning Director Chaffee, City Attorney Rainey, Parks and Recreation Director Lodge, and
Project Engineer Lindstrom. Mayor Allen welcomed the public and all stood and recited the Pledge of
Allegiance.
Members of the public who spoke were: Charlie Vogt, Executive Director, Shawnee Economic
Development Council (Item 9), Dave Pitrosky, Arthur Anderson (Item 9), Jim Primm, Regional
Manager, RPS, Inc., 9812 W. 132nd, Overland Park (Item 9), Brian Newby, 7237 Cottonwood (Item
17f), Lloyd King, 24605 W. 55th Street (Item 16a), Jim Saucerman, 24635 W. 55th Street (Item 16a),
Doug Dailey, 24665 W. 55th Street (Item 16a), Mike Cox, 5475 Clare (Item 16a), Carol Cox, 5475
Clare (Item 16a), Cecil Hayden, 24335 W. 55th Street (Item 17j), Brian Woolley, 608 W. 70th Terr,
Kansas City, MO, Wonderscope boardmember (Item 17d), Joan Wagner, Barn Player's
Secretary/Treasurer (Item 17c), Margaret Godfrey, Barn Player's Vice President (Item 17c), James
Masson, 6500 Mize Road (Item 17i), and Ron Meyers, 14719 W. 65th Terr (Business From The Floor).
CONSENT AGENDA
1.
APPROVE MINUTES FROM THE CITY COUNCIL MEETING OF AUGUST 11, 1997.
2.
REVIEW MINUTES FROM THE PLANNING COMMISSION MEETING OF
AUGUST 4, 1997.
3.
REVIEW MINUTES FROM THE BOARD OF ZONING APPEALS MEETING OF
JULY 17, 1997.
4.
REVIEW MINUTES FROM THE PUBLIC WORKS AND SAFETY COMMITTEE
MEETING OF AUGUST 19, 1997.
5.
CONSIDER CHANGE ORDER NO. 1 FOR 69TH STREET RECONSTRUCTION
PROJECT, NIEMAN ROAD TO SWITZER ROAD, P.N. 3225.
The contract was awarded to McAnany Construction, Shawnee, on April 14, 1997, in the amount of
$203,621.60. This change order reflects a net increase of $9,285.92. The new contract amount
for the project is $212,907.52.
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6.
CITY COUNCIL MINUTES
AUGUST 25, 1997
CONSIDER CHANGE ORDER NO. 2 AND 3 (FINAL) FOR STORM DRAINAGE
IMPROVEMENT PROJECT, STEARNS DRIVE, JOHNSON DRIVE TO 61ST
STREET, P.N. 3202.
The contract was awarded to Bob Muehlberger Concrete, on July 22, 1996, in the amount of
$369,715.50. Change Order No. 1 was approved on January 13, 1997, in the amount of
$12,053.42. Change Order No. 2 reflects a net decrease of $231.05, and Change Order No. 3
reflects a net increase of $2,920. The new contract amount for the project is $384,457.87.
7.
CONSIDER CEREAL MALT BEVERAGE LICENSE APPLICATION FOR THE SALE
OF CEREAL MALT BEVERAGES FOR NON-CONSUMPTION ON PREMISES FOR
HY-VEE FOOD STORES, 6495 QUIVIRA ROAD.
Hy-Vee has purchased the Schnuck’s store which has had a license since August 1994, and a new
license for this location is required by State laws. Staff has reviewed the application and is
recommending approval through December 1997.
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
8.
CONSIDER PET PERMIT APPLICATION FROM STACIE CLARK.
Councilmember Truitt, seconded by Councilmember Segale, moved to approve a pet permit for
Stacie Clark to keep the three (3) Great Pyrenees dogs and two (2) domestic short hair cats
listed on the special pet permit application at 5224 Nieman Road, with the pet permit expiring
December 31, 1997. The motion carried 7-0.
9.
CONDUCT PUBLIC HEARING TO CONSIDER FINANCIAL INCENTIVES ON
PHASE II OF THE ROADWAY PACKAGING SYSTEMS, INC. PROJECT.
Mayor Allen stated that RPS, Inc., 8000 Cole Parkway, is requesting tax incentives on Phase II
of their building project in the form of tax abatements under Article XI, Section 13 of the State
Constitution. He said the Public Works and Safety Committee recommended that Council
grant 50% tax abatements for a period of five (5) years, or 25% abatement for a period of ten
(10) years. (See item No. 17a)
Councilmember Truitt, seconded by Councilmember Goode, moved to conduct a public hearing
to consider a request from RPS, Inc., 8000 Cole Parkway, for tax incentives on Phase II of their
building project in the form of tax abatements under Article XI, Section 13 of the State
Constitution. The motion carried 7-0.
AUGUST 25, 1997
CITY COUNCIL MINUTES
PAGE 3
Charlie Vogt, Executive Director, Shawnee Economic Development Council, presented
information based on a five year 50% tax abatement, for the RPS, Inc. (formerly known as
Roadway Package System) project. He said that RPS, Inc. is proposing a 58,000 square feet
expansion on their current building which is approximately a $10.3 million project. He
indicated that RPS is asking for tax incentives for just the building portion of $3.5 million. He
stated that RPS is on 41 acres. He noted that the value of the building & site preparation would
be $3,500,00, and machinery & equipment would be $6,800,000, assessed at 100% value. He
said that there would be no abatement on the machinery & equipment. He noted the City would
collected $50,915 over a five year period ($57,209 total tax collected each year x 17.8%
(portion of taxes collected for school) = $10,183/yr x 5 years = $50,915). He said the City
would collect $118,706 in personal property taxes over the same 5 year period. He indicated
that the State requires that the impact to the State be noted in a public hearing, which is $3,290
($658/yr x 5). He said that the State would receive $7,669 in personal property taxes in the
same five year period. He stated that the City is looking at $952,930, in new revenue coming to
all taxing entities including: $169,621 - City of Shawnee; $505,058 - DeSoto School District;
$120,928 - Johnson County; and $10,959 - State of Kansas, over a five year period.
Charlie Vogt stated that the total annual net new value to the Shawnee area in years 6 and
beyond for all taxing entities combined would be $158,876, (City of Shawnee - $28,280,
DeSoto School District - $84,204, Johnson County - $20,162, and State of Kansas - $1,827).
He said they also completed a Cost Benefit Impact Analysis that looks at the revenue versus the
expense. He noted on the expense side, it is roughly $18,645, new value coming in real estate,
property for the school, municipality, business, and personal property. He indicated they
revised these numbers to reflect the changes in the motel guest tax, assuming that the 430
rooms would be used at the Hampton Inn, there is not sales tax on the project. He said interest
earnings over a period of time on municipality and saves levied sales tax 0 there for a total
revenue stream of $242,029. He stated that the net increase on the project is considerable.
Councilmember Segale asked if Shawnee's tax burden compared to Champaign, Illinois on a
gross base was roughly equivalent.
DAVE PITROSKY, Arthur Anderson, stated that on a five year abatement, Shawnee is slightly
more than Champaign, Illinois.
Councilmember Segale asked how the City of Shawnee compared without any tax abatements.
DAVE PITROSKY stated the two are very similar, but Champaign, Illinois is slightly more
before abatement.
Councilmember Segale asked if the Champaign, Illinois abatement package brings them down
so the gross taxes are a little less than Shawnee.
DAVE PITROSKY stated yes, over the ten year period.
Councilmember Snell, seconded by Councilmember Goode, moved to conclude the public
hearing. The motion carried 7-0.
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CITY COUNCIL MINUTES
AUGUST 25, 1997
Councilmember Segale stated that he would vote against the tax abatement because Shawnee's
taxes are very competitive compared to taxes around the country. He said the tax abatement
issue is a sickness sweeping the country and all it does is erode the sense of fairness for the tax
system. He indicated that RPS, Inc. is a fine company and is well managed, but RPS's business
is shipping packages and not coming to citizens asking for tax breaks.
Councilmember Goode stated he has voted for a lot of tax abatements and will continue to vote
for them because his objective is to increase the industrial, commercial, and residential tax
base. He said if a city can increase their industrial and commercial tax base which increases
sales tax revenues it would lower citizen’s property taxes.
Councilmember Breitenstein stated that the City of Shawnee is in a situation where there is not
an even playing field to be competitive and attract the industrial companies to the City. She
said Shawnee does have to participate in this abatement scenario. She stated that RPS was the
first company to locate in western Shawnee which helped trigger the development of the
industrial and commercial tax base. She noted that she appreciated the fact that RPS believes
enough in Shawnee to expand their facility. She thanked RPS for working with the neighbors
and becoming actively involved in the community.
Councilmember Breitenstein, seconded by Councilmember Goode, moved to grant 50% tax
abatements for a period of five (5) years to RPS, Inc., 8000 Cole Parkway on Phase II of their
building project for the building only. The motion carried 6-1, with Councilmembers Truitt,
Meyers, Goode, Breitenstein, Snell and Douglas voting “aye”, and Councilmember Segale
voting “nay.”
JIM PRIMM, Regional Manager, RPS, Inc., 9812 W. 132nd, Overland Park, announced that
RPS has agreed to begin construction on Phase II of their project immediately.
Councilmember Snell requested that item 17f be moved up as the next agenda item.
17.
CONSIDER THE FOLLOWING ITEM FROM THE PUBLIC WORKS AND SAFETY
COMMITTEE MEETING OF AUGUST 19, 1997.
f)
Traffic Study at Blackfish Parkway and Cottonwood.
Councilmember Snell stated that the Committee voted 3-0 to forward this item to
Council with no recommendation. He said that there was an accident involving a 9-year
old girl crossing Blackfish in February 1997. He noted that the Wedgewood area is
growing and the City has received a letter from the developer in support of Council
taking action regarding safety issues. He indicated that staff was asked by the citizens
and Council to do a study of that intersection.
City Engineer Wesselschmidt stated the Blackfish Pkwy and Cottonwood intersection is
within the Wedgewood subdivision with part of the subdivision on the south side of
Blackfish Pkwy, and part of it on the north side, and some of it on the east side of
Lackman Road. He said that the subdivision contains some open spaces where there are
some City trails. He noted that the subdivision also has a pool and playground area at
AUGUST 25, 1997
CITY COUNCIL MINUTES
PAGE 5
the southeast quadrant of Blackfish Pkwy and Cottonwood. He indicated that the City
hired a consulting engineer to do a traffic study to determine if there are warrants for
either a four-way stop or a traffic signal. He stated those criteria are set forth in the
Manual of Uniform Traffic Control Devices. He said there is not enough pedestrian or
vehicle traffic on Cottonwood to warrant a four-way stop or a traffic signal. He noted
they also questioned whether there was adequate sight distance built into the road. He
noted based on the plans, the grade of curve would support a 47 mph design speed. He
stated that the speed limit for Blackfish Pkwy is 35 mph, which means, based on the
degree of the curve, the stopping sight distance for a vehicle going eastbound is 352
feet. He said that means if an object or person came out into traffic, it would take 352
feet for someone in an eastbound vehicle to react and come to a complete stop. He
indicated if someone was crossing the street, they would see that person and adjust their
speed accordingly.
Councilmember Meyers asked how far off that area is from meeting the warrants based
on traffic volume.
City Engineer Wesselschmidt stated that area needs to have a certain volume for eight
hours out of a given day. He said the current volumes are high enough two hours out of
a given day. He noted that there would need to be at least 140 vehicles or pedestrians
per hour on Cottonwood for eight hours.
Councilmember Meyers asked if pedestrian traffic trying to cross the intersection was
taken into account during those studies.
City Engineer Wesselschmidt stated the pedestrian volume to warrant a traffic signal at
this location would be 100 pedestrians per hour. He said there were 10 - 15 pedestrians
per hour on the four days that were counted.
Councilmember Segale asked if a dramatic increase of traffic is anticipated within the
next 6 months to 1 year with the development to the west and with the opening of
Target, to warrant putting a stop sign in.
City Engineer Wesselschmidt stated he thinks there will be a steady increase over the
next 2 years. He said the subdivision in this area is probably 40% - 50% filled in and as
more residents move into those homes, the traffic volume will go up on Cottonwood.
Councilmember Segale asked what would the implications be if the City went ahead and
put in a stop sign.
City Engineer Wesselschmidt stated if a stop sign is put into an area where a driver does
not expect it, that could cause accidents. He said the City needs to consider how this
intersection compares with others in the City.
Councilmember Segale asked if the City would be liable if there was an accident and it
went to court.
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CITY COUNCIL MINUTES
AUGUST 25, 1997
City Attorney Rainey stated traffic control devices should be decided based on
engineering criteria and recommendations versus legal considerations. He said if the
City failed to put in a traffic device where there are warrants for it, that could make the
City liable.
Councilmember Snell stated that Council needs to consider the long term traffic flow at
this location. He stated if the traffic steadily increases and the City then puts in a stop
sign, people would not be used to that stop sign when there is more traffic. He asked if
it is better to plan ahead and consider that the City has a safety issue at this location
where there is a walking trail and a pool that serves approximately 600 homes.
Councilmember Douglas stated that she has great concern for the neighborhood. She
said once it became apparent there was a problem with the swimming pool on one side
and the residents on the other side, Council suggested that staff look at this in the future,
but it does not solve the problem currently. She indicated her concern with the 4-way
stop is children taking for granted that people will stop and not pay attention to the cars.
She noted that a crossing light or pedestrian crossing would be a better solution than a
stop sign.
City Engineer Wesselschmidt stated that one of the items discussed was a pedestrian
crosswalk like what is in front of Nieman Elementary School. He said if it is a signal
that controls pedestrians only, it needs to be located at a mid-block location pulled away
from the intersection. He indicated some of the residents they talked to did not think it
would be very practical for children to come down to the intersection and extend some
sidewalk. He noted the landscaping and wrought-iron fences along the property would
make it less practical. He stated as far as a crosswalk at an intersection, the manual
indicates that those should be used in an area where a vehicle would not expect to see
pedestrians. He said one of the reasons marked crosswalks with signs are used only in
areas that are absolutely necessary is that sometimes these signs give pedestrians a false
sense of security that a vehicle would stop for them.
Councilmember Meyers stated that staff’s recommendation at the Public Works and
Safety Committee meeting was to place signs stating "Playground Ahead."
City Engineer Wesselschmidt stated the sign has a picture of a piece of playground
equipment on it. He said recently one was installed on 71st Street west of Quivira for
Listowel Park. He indicated that the manual explains that those signs are used to alert a
motorist of an area that children would frequent.
Councilmember Meyers asked if there were any other signage options that might make
Council feel more comfortable that motorists would pay attention.
City Engineer Wesselschmidt stated in the City of Shawnee the park sign is not used
very often and is used with discretion. He said it would be a sign that would catch the
driver's eye because it is unique and only used in areas where needed. He noted that
other signs such as "Slow" and "Intersection Ahead" are used more frequently
throughout the City.
AUGUST 25, 1997
CITY COUNCIL MINUTES
PAGE 7
Councilmember Breitenstein asked if the City has a 2 or 3 way stop at 71st and
Cottonwood where there is a limited sight distance.
City Engineer Wesselschmidt stated it is a 2 way stop.
Councilmember Breitenstein stated that it is a rather unexpected stop sign and it took
her a while to get used to it. She asked if there were any accidents that had occurred at
that location.
City Engineer Wesselschmidt stated before that sign was put up, because of the severely
limited sight distance, if there were not a number of accidents, there were probably a
number of close calls. He said that the City reconstructed that road and took out a lot of
the hill, trying to improve that sight distance, but due to the existing driveways on the
north side, the City could not lower the intersection enough to completely remove the
hill or provide adequate sight distance.
Councilmember Breitenstein stated she agrees that something needs to be done at that
location because it is a potential problem, but she did not want to put something in that
would not work and create a false sense of security.
Councilmember Douglas asked if the City could use a "Pedestrians in the Area" sign.
City Engineer Wesselschmidt stated the single person is the symbol for a pedestrian
sign.
Councilmember Truitt stated it clearly says that the driver must yield right-of-way to
pedestrians when a person sees this universal symbol. She said putting up a sign would
be the beginning until the City warrants a traffic signal.
City Engineer Wesselschmidt stated that the pedestrian sign could be used, but he is
looking at this intersection as being a unique situation where there is a pool on one side
and the majority of the subdivision on the other side of the street. He said a unique sign
such as the park sign which is a yellow diamond sign that has a symbol of a teeter-totter
(seesaw) on it could be used.
Councilmember Douglas stated that sign would just indicate to vehicles that there was a
park ahead. She said she would like to see the City discuss with Mr. Rodrock putting an
entrance in the pool area along Blackfish Pkwy where eventually a pedestrian light
could be put in.
Councilmember Goode stated the City needs to be careful that the essence of the street
is not destroyed. He said he has received calls in the past from people who indicated
that Blackfish Pkwy was supposed to be a street that would move traffic, and the City
was narrowing the street from 2 lanes to 1 lane. He noted there are people in Shawnee
that are not satisfied with the final construction of that street.
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CITY COUNCIL MINUTES
AUGUST 25, 1997
Councilmember Breitenstein stated the development going in at 71st and Midland Drive
is also slated to use that same pool which means the City has a similar crossing problem
at Midland Drive and Blackfish Pkwy which is an even busier intersection because of
the amount of traffic on Midland Drive. She said she wonders if the City should work
with the developers to see if there is another pool site that could be used.
Councilmember Snell stated that people could come up 71st Street and go to
Cottonwood.
Councilmember Breitenstein stated that is a steep hill and a person would not want to
push a stroller or take a small child up that hill.
Councilmember Snell stated he does not envision those people walking to the pool.
Councilmember Breitenstein stated that there are people from the east portion of the
neighborhood that walk currently on Blackfish.
BRIAN NEWBY, 7237 Cottonwood, stated that he is the Treasurer of the Home’s
Association Advisory Council for Wedgewood. He said that they have been working
with the developer regarding placing a pool at another location and discussed a crossing
light. He indicated the issue comes down to the fact that there is a problem at that
intersection currently, and he has not heard Council say this situation is going to get
better. He noted that Council agreed that traffic would increase in that area. He stated
that there is not only going to be a warrant for a stop sign, but there would be a warrant
for a traffic signal eventually. He said this is the time to take action. He indicated that
he respected the efforts that City Engineer Wesselschmidt put into this item and noted
that he had been very cooperative in giving them the information.
BRIAN NEWBY stated that there has already been an accident at that intersection. He
said the study done was very small. He presented a video to Council of the intersection
to help visualize the sight distance issue. He said there were 35 cars in a three minute
period, and if multiplied by 20, that is 700 cars in 1 hour, in the middle of a Sunday
afternoon. He indicated it takes a person 15 seconds to get across the street.
BRIAN NEWBY compared the Blackfish and Cottonwood intersection with the
intercession on Flint between 71st Street and 67th Street. He stated the Flint
intersection has a four-way stop sign which leads to a dead-end. He indicated that 3
cars went through the Flint area in a three minute period of time. He said there must
have been times when the manual did not support a project initially, but it has been
done. He stated that everyone agrees the traffic is going to get worse. He said this is a
very serious issue to the residents in that area.
Mayor Allen asked the residents in the audience to indicate their support of the stop sign
by a show of hands. He indicated no one in the audience was opposed to putting in the
stop sign.
AUGUST 25, 1997
CITY COUNCIL MINUTES
PAGE 9
Councilmember Snell stated that a car or a person would be looking at a 4 foot barrier,
besides the hills, and the landscaping in the median makes it difficult to see. He said
that there is a sight distance issue there.
Councilmember Douglas stated she noticed when she walked to the middle of the
intersection that it does become more difficult to see. She said it depends on where a
person is standing. She noted that the island is not very wide in that section if a person
wanted to stand there for protection.
BRIAN NEWBY stated even though there is an island there, a person is crossing 3 lanes
instead of 2 lanes.
Councilmember Breitenstein stated if the City does go ahead with the stop sign, she
feels it should go in by the winter months so people become used to the sign before the
summer season.
Councilmember Snell stated when Blackfish Pkwy was created, the road went in after
development of the neighborhoods. He said roads are generally built prior to
development. He indicated that this road now serves as a collector, not an arterial, and
serves 16 neighborhoods. He noted this road in the future should not be there to carry
major east and west traffic, but to serve a particular regional collector traffic going east
and west. He stated it could cost $250,000, if the City waits on this. He said Council
should think about the future and this would train the drivers in that area when
approaching the intersection to be ready to stop.
Councilmember Meyers stated Council needs to take into consideration all weather
conditions with a 4-way stop. He said he agrees with the suggestion of talking with the
developer to find other solutions and options before trying to go to a 4-way stop. He
noted that staff's recommendation of signage is a proper way to address the situation
until the City gets further information back from the developer or the studies that could
be done in the future. He indicated he believes that a 4-way stop at that intersection
currently would cause more of a hazard than help. He stated someday there may be
warrants for a traffic signal or some other type of crossing.
Councilmember Segale stated he supports bringing in a stop sign because it makes more
sense to spend money for a sign than risking a person's life getting hit by a car. He said
in the future there probably ought to be a controlled signal where a person could push a
button to cross the intersection. He indicated if that becomes a major thoroughfare with
traffic, the City would not want a stop sign blocking it.
Councilmember Snell, seconded by Councilmember Douglas, moved to place a 4-way
stop sign at the intersection of Blackfish Pkwy and Cottonwood. The motion carried 43, with Councilmember Snell, Douglas, Breitenstein, and Segale voting "aye", and
Councilmember Goode, Truitt, and Meyers voting "nay."
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City Engineer Wesselschmidt stated with the passage of the motion, he would request
another motion that the City put up some temporary advance signs for a period of 30
days to get drivers used to the stop sign.
Councilmember Meyers, seconded by Councilmember Douglas, moved to place a
temporary sign similar to the one used at 55th and Pflumm ahead of the intersection at
Blackfish Pkwy and Cottonwood, to warn vehicles of the stop signs. The motion
carried 4-3.
Mayor Allen requested that item 16a be moved up as the next agenda item.
COUNCIL ITEMS
16.
CONSIDER THE FOLLOWING ITEMS FROM THE FINANCE
ADMINISTRATION COMMITTEE MEETING OF AUGUST 5, 1997.
a)
AND
Final Plans for 55th Street - Clare Road to K-7 Highway, P.N. 3222.
Councilmember Douglas stated that this item was tabled at the August 11, 1997 City
Council meeting, pending the outcome of the August 16, 1997 meeting, with residents
of the area. She said that the Committee recommended 4-0 that Council approve the
final plans for 55th Street - Clare Road to K-7 Highway, P.N. 3222.
Councilmember Breitenstein stated that Councilmember Severance, City Engineer
Wesselschmidt, Project Engineer Lindstrom, Shafer, Kline & Warren, and she had a
meeting with the residents in the area. She said that there were some concerns with the
plans. She noted that there is an alternate plan that would narrow the street by 5 feet,
but still provide 3 turn lanes on the east/west streets and move 55th Street south by
approximately 20 feet.
Mayor Allen asked if this alternate plan would primarily be to save the tree.
Councilmember Breitenstein stated yes. She said the alternate plan also does not take as
much land from the Cox property on the north/west side of Clare Road. She said this
does cause 20 additional feet to come off the residents on the south side of 55th Street.
Project Engineer Lindstrom stated Shafer Kline & Warren came up with a revised
alignment plan at 55th and Clare Road in an attempt to save the tree and not take as
much property from the Cox's. He said it is a considerable shift to the south shifting the
distance approximately 20 feet. He indicated that it is approaching on the south side
and those people would be losing 20 feet of their frontage property. He noted that the
alternate plan shows a 39 feet back to back street which they reduced from 44 feet,
taking all that from the north side. He stated the revised plan also has an additional
expenditure for a retaining wall on the south side throughout the properties and also on
the west side of Mr. Dailey. He indicated that there would be additional costs incurred
for the changes.
AUGUST 25, 1997
CITY COUNCIL MINUTES
PAGE 11
Mayor Allen asked what the rough estimate would be for these changes.
Project Engineer Lindstrom stated he did not have those figures. He said that the
engineering firm told the City that the walls would roughly have to go 1 - 2 feet higher
than they are currently.
Councilmember Breitenstein stated that there are currently retaining walls with the
original plan; they would just be higher. She said they also discussed the possibility of
not doing some of the improvements on Clare Road.
Project Engineer Lindstrom stated at this time the original plan is to go further out on
the limits on Clare. He said this also reduces at the intersection of Clare and 55th Street
the dimension on the east side of the Cox’s and Bailey’s property. He noted that when
Clare is done in two years the City would come back and do the improvements. He
indicated eventually that it would have to be done, but it is being postponed for two
years.
Councilmember Breitenstein stated even with the shift the tree is still in the sight
distance for vehicles needing to make a right-hand turn.
Project Engineer Lindstrom stated it meets the City's requirement of sight distance, but
it does not meet the Federal guidelines.
Councilmember Segale asked if that was the least amount the City could move the road
south.
Project Engineer Lindstrom stated yes. He said the only way the City would be able to
avoid the tree at this time is the curb section they would not be digging into the ground
in order to put that curb section in. He noted otherwise, the City would have to go
further out, so this would be the minimum.
Councilmember Goode stated he would like to know what the additional costs would
be.
Project Engineer Lindstrom stated it would mainly be engineering costs.
Councilmember Truitt asked what the individuals on the other side have to say about
their portion being taken from their property.
Project Engineer Lindstrom stated that there are three individuals that this revision
would affect.
Councilmember Truitt stated that the tree is not a specimen tree. She said it is a nice
tree, but a sycamore is not exactly the most valued tree. She noted that it is a river
bottom tree. She indicated Council has to weigh the issue of safety versus a tree or
revitalizing a neighborhood. She stated that the City of Merriam recently did away with
their State Champion tree in order to revitalize that area.
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AUGUST 25, 1997
LLOYD KING, 24605 W. 55th Street, stated that he is against the revised plan to save
the tree. He said this plan would take out three of his pine trees.
Councilmember Goode asked LLOYD KING what is the length of his lot.
LLOYD KING stated they have a one acre lot as do all the other residents along there.
Councilmember Goode asked if the lots are about 320 feet deep.
LLOYD KING stated yes. He said the City would be taking an additional 20 feet
totaling about 50 feet of his front property.
JIM SAUCERMAN, 24635 W. 55th Street, stated that Mr. Dailey and he were losing
more property than LLOYD KING. He said another issue is the curve is built on what
is now a hill. He asked if there would still be a slope where the curve starts.
Project Engineer Lindstrom stated yes. He said the City is also taking the vertical hill
and cutting it down at that location, so it would be changing the horizontal and vertical
line.
JIM SAUCERMAN asked if there would still be a hill there.
Project Engineer Lindstrom stated yes.
JIM SAUCERMAN stated that would not be making it a safe intersection. He said that
he is not in favor of the change.
Mayor Allen stated that Council does not want to upset someone else by trying to
correct another problem.
JIM SAUCERMAN stated he has 2 - 3 more feet of hill that he has to worry about
driving his tractor off. He asked if this was the only other option besides the first plan.
Mayor Allen stated to put the road in was his understanding.
Councilmember Breitenstein stated if the City put it in straight and did not make the
shift to the south the City would still have to take 5 feet off the road. She said it is 39
feet versus 44 feet. She indicated there is a lot of concern that the improvements to
Clare Road may not be needed in the future. She noted that the original intent of doing
those improvements at this time was so there would only be one disturbance period
around the Cox's property. She stated it may be better to wait to see if Clare Road needs
to be widened to the extent the City is looking at. She said the City could back down on
the Clare Road improvements and not take as much of the Cox's property so the scope
could be narrowed from what was seen originally.
AUGUST 25, 1997
CITY COUNCIL MINUTES
PAGE 13
DOUG DAILEY, 24665 W. 55th Street, stated he opposes the change after hearing the
retaining wall would be going up another couple of feet and that there would be no
benefit from the 20 feet of donated land.
MIKE COX, 5475 Clare, stated the tree is on the City right-of-way. He said they are
arguing over the City tree because it is probably 200 years old and on a historical road.
He indicated that he would like more input on the traffic area 20 year projection.
Mayor Allen stated once this road is in he does not think Clare Road would be done in
the next two years, unless a lot of development takes place. He said it seems to be
going towards larger lots out there so Clare Road in that area would probably be
improved within the next five years. He noted that the City has a lot more roads with a
lot more volume on them that would have a higher demand.
MIKE COX asked why the City needed a three lane road on Clare Road.
Mayor Allen stated that the City would not be doing that at this time.
MIKE COX stated that they could save the tree by a little swing. He said the City has a
bigger curve in this road than the original curve in the original road.
Mayor Allen stated at the intersection the City needs to make some minimum
improvements, but are not going to go north or south of this road improvement on
Clare.
City Engineer Wesselschmidt asked if MIKE COX was talking about the degree of this
curve.
MIKE COX stated yes. He said a person could be going 35 mph over the crest of this
hill and it is a bad sight situation and the City is going to improve it.
City Engineer Wesselschmidt stated the way the road was built, it did not meet up with
Clare at a 90 degree angle. He said when the City builds a road it needs to be built to
acceptance standards. He indicated that the degree of this curve would not meet those
standards.
MIKE COX asked if it would be safer for people who had already stopped to make a 5 7 degree angle at the intersection than the people going 35 mph over the curve and crest
of a hill when they would be slowing down for the stop sign.
City Engineer Wesselschmidt stated they would be lowering the hill. He said the sight
distance would meet the speed limit.
Councilmember Segale asked if the tree was eliminated, would the City put in another
tree to replace it on the Cox's property.
City Manager Montague stated this tree is on the City’s right-of-way.
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CITY COUNCIL MINUTES
AUGUST 25, 1997
MIKE COX stated he has been taking care of this tree for twenty-two years. He said the
tree would be a loss to the whole neighborhood because of the design of the road.
Mayor Allen stated in designing these roads, the City does have to follow engineering
standards. He said if it is possible to put in a curve it has to be back further. He
indicated that there is additional County funding on this project and the City has to meet
the standard engineering design criteria when designing roads.
MIKE COX asked if there could be more discussion, have the City go ahead and do the
road, and leave this part out for another week.
Mayor Allen stated if the City puts it out to bid, it has to be put out to bid on a certain
basis on the entire project.
Councilmember Breitenstein stated she did not see how this could be resolved in
another week or two. She said the Engineering Division and Shafer, Kline, and Warren
have spent quite a bit of time trying to find an alternate solution. She indicated that the
item presented that evening was the best that the City could come up with. She noted
that this is the minimum amount that the road would have to be moved in order to save
the tree and meet the State engineering designs that the City has to meet. She stated it
either has to be shifted by the 20 feet or it has to go through close to the original design
(narrowing the street by 5 feet).
CAROL COX, 5475 Clare, thanked all the participants that took their time to come out
to meet with them on Saturday. She stated it was conceded at the neighborhood
meeting that the volume of traffic is not the issue as far as widening to this extent. She
said that this tree is very possibly a witness tree used years ago to mark sections. She
indicated whether the tree was there or not she is still having a problem with the width
of the road. She asked for a little bit more discussion and time as to where the City is
going with the riverfront and to still consider using this area as a historical area. She
noted that discussions had taken place regarding the fact that there is very little potential
for development to the north and the west is river bluff. She indicated that it could be a
very beautiful area. She stated her concern with the wider lanes is they see how drivers
are and it scares her. She asked for more time with the engineers. She indicated that
she would have liked for Councilmember Severance to have been in attendance because
it is their right to have both of their Councilmembers voting on this item.
Councilmember Breitenstein stated the only possibility is that the City does not have a
three lane road with the left turn lane. She said that there are engineering reasons why
staff is supporting the three lane turn.
Councilmember Goode stated since this change affects three property owners on the
other side of the street, he could not support this change.
AUGUST 25, 1997
CITY COUNCIL MINUTES
PAGE 15
CAROL COX asked Councilmember Goode to look at the stakes that are in their yard.
She said if the City goes back to the original plan she has been quoted a price of
$13,000 to have a septic tank put in.
Councilmember Breitenstein asked CAROL COX to talk with Project Engineer
Lindstrom or City Engineer Wesselschmidt and look at the way the Clare Road
modifications are currently drawn. She said she hopes that would eliminate any concern
regarding the septic system.
CAROL COX stated that she appreciated Council's patience.
Councilmember Breitenstein, seconded by Councilmember Douglas, moved to table the
final plans for 55th Street - Clare Road to K-7 Highway, P.N. 3222, to the September 8,
1997 City Council meeting. The motion carried 7-0.
Councilmember Douglas requested that item 17j be moved up as the next agenda item.
17.
CONSIDER THE FOLLOWING ITEMS FROM THE PUBLIC WORKS AND SAFETY
COMMITTEE MEETING OF AUGUST 19, 1997.
j)
Discuss revising the Benefit District on 55th Street Project
Councilmember Snell stated that Councilmember Breitenstein requested that Council
discuss the pros and cons of changing the benefit district on the 55th Street project to an
indefinite deferral until the property is developed. He said that there was concern that
this would change the project schedule.
Councilmember Douglas stated that she would like the City to have a hearing. She
indicated that her understanding when the resolution was passed was it would be the
five year deferment or if a person never developed the property they would not have to
pay into the benefit district. She said once a person started developing their property at
that point the City would start the benefit district. She indicated that this is what the
City did on Lackman Road and she would like to see that followed.
Mayor Allen stated if this was done the City would have to prepare an ordinance
changing the benefit district to make it similar to what it would have been on Lackman
Road.
Councilmember Breitenstein stated that she understood the benefit district the City
forms would remain in effect unless Council changed the benefit district. She said if
there was a protest and this benefit district was not formed, the original benefit district
would remain in effect.
Councilmember Snell stated the timing is because of the published notification. He
asked if that would be 60 days.
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CITY COUNCIL MINUTES
AUGUST 25, 1997
City Manager Montague stated it would take awhile before that takes effect. He said the
City is not concerned about starting this project that early. He indicated the only project
that would be started this year would be some relocation of utilities and they would not
actually start the street project until Spring of 1998.
Councilmember Snell asked if the City originally planned to start in the Fall of 1997.
City Manager Montague stated yes.
CECIL HAYDEN, 24335 W. 55th Street, stated he understood at the first meeting on
the benefit district that if a person developed and after 5 years did not sell or improve
the property as far as building, there would be no cost to the owner. He said he thought
after 5 years he would be free and clear, but if he did it before the 5 years then he would
have a problem.
Mayor Allen stated that this would just defer that until in CECIL HAYDEN's case, he
sold the property.
CECIL HAYDEN stated he did not understand why the City would take his property to
put a turn lane in for a housing development on a dead-end road.
Councilmember Breitenstein stated the City would be looking at that in the next couple
of weeks.
Councilmember Douglas, seconded by Councilmember Breitenstein, moved to set a
public hearing to change the benefit district on 55th Street to defer any assessments on
the benefit district until the properties are sold or developed, for the September 22, 1997
City Council meeting. The motion carried 7-0.
Mayor Allen requested that item 17d be moved up as the next agenda item.
d)
Wonderscope Children’s Museum Moving Expenses.
Councilmember Snell stated that the Committee recommended 3-0 that Council approve
up to $75,000 for moving expenses for Wonderscope Children’s Museum to move from
Greenwood School to Flint School.
Mayor Allen asked if the City would require any type of lease between the owner of the
property and Wonderscope for a minimum period of time before the City invests the
money. He said if the City is investing $75,000 in Wonderscope, it is appropriate that
the City require them to have a lease with the owner of the building for a minimum
period of time, possibly 3 - 5 years.
Councilmember Snell stated he agreed that might be best.
BRIAN WOOLLEY, 608 W. 70th Terr, Kansas City, MO, Wonderscope boardmember,
stated they are in the process of working out a lease with the owner. He said that
AUGUST 25, 1997
CITY COUNCIL MINUTES
PAGE 17
Wonderscope's request is for a long term lease; originally it was for 10 years. He
indicated that they are trying to work out a 3 - 5 year term lease. He noted that
Wonderscope has not signed anything to date, but that is their preference. He stated
from their standpoint they want to know they are going to be in the same facility for a
significant period of time so they can go about building the community support at this
particular location.
Mayor Allen stated it would be a benefit to the City of Shawnee and Wonderscope if it
was a minimum of five years.
Councilmember Truitt stated that may be an incentive for the benefactors.
Councilmember Douglas left the meeting at 9:20 p.m.
Councilmember Snell stated that the benefactors are aware of the City's wishes. He said
before the owners purchased the Flint building, the City was considering purchasing the
building. He asked BRIAN WOOLLEY if that would benefit Wonderscope.
BRIAN WOOLLEY stated the difficulty with tying it to a particular period of time at
this point is some of the future plans of the Regniers for that particular property are not
solidified at all. He said that they have a desire to assist a children's museum,
expanding that facility or remodeling it to make it a larger facility than it is currently.
He indicated that the Regniers are in the early stages of even thinking about that and he
does not mean to speak for them. He noted they may have some desire within that 5
year period to do something that would require Wonderscope to get out of the way until
construction is done. He stated that he did not have any knowledge of what the
Regnier's long range plans are. He said if Wonderscope got an expression from Council
for a 3 - 5 year lease to support the $75,000 authorization, that would be beneficial. He
indicated that he would not like to see a definite number that would "tie Wonderscope's
hands" in the negotiations.
Councilmember Snell stated his concern about adding that as a friendly amendment to
the motion would be that the "clock is ticking." He said in good faith all parties agreed
what the future and direction of that location is going to be.
Mayor Allen stated he thinks the City needs to have some reassurance that
Wonderscope has at least a minimum lease to justify the investment that the City is
going to make.
Councilmember Snell stated he has seen quite a bit of support for Wonderscope. He
said this process has heightened the awareness of what they are and what they could and
would become for Shawnee. He indicated that he would accept a three year minimum
as a friendly amendment.
Councilmember Meyers stated he has to believe that there is going to be some
commitment to the City and citizens. He said he thinks the 5 year agreement goes a
longer way than a 3 year agreement. He indicated when we start talking about hands
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CITY COUNCIL MINUTES
AUGUST 25, 1997
being tied in negotiations when the City is putting up $75,000 to relocate, it causes him
concern that everyone is not truly working together on this project. He noted that he
believes the benefactor will come through and if that is not the case, it will show "true
colors" if they are not willing to go through the agreement in that manner.
Councilmember Segale stated he does not believe the $75,000 is the wisest business
investment Council has ever made. He said that it is unfortunate that the City invested
$8 million in taxpayer's money to help get a commercial center in the City and now
Wonderscope is being kicked out. He noted the citizens are going to have to fork out
another $75,000 to get Wonderscope moved. He indicated he thinks Wonderscope is
something worth saving, but Council ought to ask for a 3 year limit.
Councilmember Snell stated that the only doubt he has heard has come from the
Governing Body. He said he can see a lot of benefits Wonderscope could provide for
the City.
Mayor Allen stated that the City should have some balance and assurance that
Wonderscope is going to be an ongoing operation for a minimum amount of time
because of the City's investment in the project.
Councilmember Segale, seconded by Councilmember Truitt, moved to approve up to
$75,000, for moving expenses for Wonderscope Children’s Museum, with the
stipulation that Wonderscope submit invoices to the City for accounting purposes and
that a 3 - 5 year lease be required. The motion carried 6-0.
Councilmember Douglas returned to the meeting at 9:25 p.m.
Mayor Allen requested that item 17c be moved up as the next agenda item.
c)
Request from the Barn Players to Reduce the Rental Rates for use of Town Hall.
Councilmember Snell stated that the Barn Players requested a reduction in the rental
rates for the use of Town Hall to produce a play on February 27-28, March 1, and March
6-8, 1998. He said that the usual fee would be $3,180, and the Barn Players asked that
the fee be reduced to $600 ($100 per evening) resulting in a potential financial impact of
$2,580 in lost revenue. He stated that the Committee voted 3-0 that this item be
forwarded to Council with no recommendation.
JOAN WAGNER, Barn Player's Secretary/Treasurer, introduced Margaret Godfrey.
MARGARET GODFREY, Barn Player's Vice President, stated in the fall of 1996, the
Barn Players approached Councilmember Breitenstein with the idea of presenting a
show in the middle of the winter. She said they planned for the end of February and
beginning of March for two weekends and it was a smash. She noted that the Barn
Players could have done a show for a third weekend because they brought in so many
people. She stated that they do quality shows and have a professional music director.
She said that not too many people book Town Hall at that time of the year. She
AUGUST 25, 1997
CITY COUNCIL MINUTES
PAGE 19
indicated that the show they are planning is called Two by Two, by Richard Rogers, the
same musical director that is the director for the New Theater and other professional
organizations around town. She noted that it would be a wonderful show and it is about
Noah’s Ark. She stated that their mailing list goes out to the Kansas City metropolitan
area, which brings in people that had never heard of Shawnee or Old Shawnee Town.
She said this is a good opportunity to bring something cultural into Shawnee.
JOAN WAGNER stated that the lost revenue is not really lost revenue. She said that
the City does not know if they will actually rent Town Hall at that time. She indicated
that there is no clean up requirement and that the Barn Players set up and clean up
everything. She noted that they take care of the facility and make sure everything is the
way it was when they walked into the facility.
MARGARET GODFREY stated that the Barn Players are a responsible group of
people.
Councilmember Douglas asked how many people attended last year.
MARGARET GODFREY stated that they sold out. She said that 128 people are
allowed in that space. She indicated that they sold out every night and the last Saturday
night the Barn Players had to turn people away. She noted that the Barn Players send
out cards and have good publicity to get people to the shows.
Councilmember Douglas stated if the City was to pass out Old Shawnee Town
information this may be an inexpensive advertisement for the City.
Councilmember Breitenstein asked if this is truly a slow time of the year for Old
Shawnee Town. She said that she attended the show last year and the Barn Players put
on an excellent production. She indicated that she likes the idea about promoting Old
Shawnee Town and hopefully Wonderscope with the people that attend the shows.
Councilmember Meyers stated that question was specifically brought up to Parks and
Recreation Director Lodge regarding the type of revenue the City would be losing. He
said that Parks and Recreation Director Lodge's response was that he was extremely
confident that both those weekends would be rented out. He said that is why he had
strong concerns about this item along with the comments regarding the budgeted
amount of money that the City is expecting to make off the rental of Town Hall. He
noted that the revenue is hard to get back once it is lost. He indicated that he was
hoping that there would be a change in the time frame (different nights) or another
option other than Council having to make a choice. He stated that he has been very
supportive of the Barn Players in the past and he thinks it is wonderful what they bring
to Shawnee, but losing that type of revenue is not something he is excited about.
Councilmember Segale asked if the Barn Players would be having 4 shows.
Councilmember Snell stated there would be 6 shows.
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CITY COUNCIL MINUTES
AUGUST 25, 1997
MARGARET GODFREY stated the shows would be on Friday, Saturday, and Sunday
afternoon for two consecutive weeks.
Councilmember Segale asked if the City's fee is unreasonable to the Barn Players.
MARGARET GODFREY stated the Barn Players can only charge what other
community theaters charge. She said it would not be sensible to charge more than the
norm.
JOAN WAGNER stated that 60% of the money that comes in is from seniors and the
Barn Players gives them a $1.00 discount, charging them $7.00 a person. She said if
50% of the people pay $8.00 and 50% pay $7.00, the most the Barn Players could make
would be $960.00, because they are limited to 128 people. She noted that they would
need to consider that a musicals' expenses are around $4,500. She indicated the Barn
Players made around $1,000.
MARGARET GODFREY stated the royalties and directors are $3,000 and then there is
the cost of costumes, etc.
Councilmember Segale asked how the City of Shawnee's rate fits in with the other
communities where the Barn Players produce musicals.
JOAN WAGNER stated that there was nothing available for them to rent.
Councilmember Snell asked if the Barn Players raised the ticket price from $8.00 to
$10.00, with $2.00 going to the City, would that meet half of the $2,500 loss if they
brought in 1,000 people. He asked if that would put them out of the market.
MARGARET GODFREY stated it might put them out of the market.
Mayor Allen stated that he knows that the Town Hall is rented on Sundays occasionally,
but the prime rental nights are actually Friday and Saturday nights. He said he believes
very rarely Town Hall is rented three consecutive days in a row. He indicated that he
agrees Council needs to watch the City's revenue, but he does not think the City is
giving up $2,580 realistically because Sundays and probably one of those Friday nights
would not be rented. He noted that the two Saturday nights are the prime rental nights.
Councilmember Breitenstein stated that the Barn Players are bringing in a lot of benefit
to the City with these productions. She said these productions bring in people to
Shawnee that do not normally visit. She indicated that she likes the concept of
promoting Old Shawnee Days and some of the other features. She noted that they have
an opportunity to promote Old Shawnee Town. She stated that she appreciates the Barn
Players helping and participating in Old Shawnee Days; they volunteer their time and
effort. She said that she also appreciates the fact that the Barn Players would like to
make Shawnee their permanent home and Council is willing to work with them to help
them do that.
AUGUST 25, 1997
CITY COUNCIL MINUTES
PAGE 21
Councilmember Truitt stated sometimes a City has to look at what they are giving back;
what kind of cultural avenues are being used. She said the City has Kansas Art To You,
but Shawnee has very little other than that. She indicated that this is something that is
valuable and she would love to see the Barn Players get some corporate underwriting.
She noted that Council should give this item one more shot and come up with some
good ideas to work with the Barn Players.
Councilmember Breitenstein, seconded by Councilmember Truitt, moved to reduce the
rental rates to $600 ($100 per evening) for the use of Town Hall for the Barn Players to
produce a play on February 27-28, March 1, and March 6-8, 1998, resulting in a
potential financial impact of $2,580 in lost revenue. The motion carried 7-0.
Mayor Allen requested that item 14a be moved up as the next agenda item.
14.
CONSIDER THE FOLLOWING ITEMS FROM THE PLANNING COMMISSION
MEETING OF AUGUST 18, 1997.
a)
Consider Final Plat of The Enclaves at Saddlebrooke, 2nd Plat.
Mayor Allen stated that the Planning Commission recommended 11-0 that the Council
approve FP-29-87-8.
Councilmember Truitt requested that there be trees planted on Quivira Lane where they
were taken out.
Councilmember Segale stated that there were lots of people who called and said that
there was supposed to be trees left there when the road was changed. He said the trees
were all cleared out and now it is just a barren wasteland. He indicated that this piece of
ground does not affect that, but the people developing Saddlebrooke should replace the
trees.
Councilmember Goode, seconded by Councilmember Snell, moved to approve FP-2987-8, final plat of the Enclaves at Saddlebrooke, 2nd plat, replat of Lots 4 through 7, to
replat four (4) lots into three (3) lots in the 14400 block of 51st Street, subject to the
following conditions:
1.
Recording of the final plat prior to the issuance of any building permits;
2.
The developer file two (2) copies of amended Homes Association documents
including this replat for recording at the applicant’s expense with the recording
plats;
3.
Payment of the $200 per lot Open Space fees on an individual lot basis, prior to
issuance of building permits; and
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CITY COUNCIL MINUTES
4.
AUGUST 25, 1997
The applicant shall revise the agreement regarding the tree preservation plans
and landscaping around utility junction boxes, and submit copies of those
revised agreements prior to recording the plats.
The motion carried 7-0.
Mayor Allen requested that item 13c be moved to the next agenda item.
13.
CONSIDER THE FOLLOWING ITEMS FROM THE PLANNING COMMISSION
MEETING OF AUGUST 4, 1997.
c)
Consider request for special use permit for Full Faith Church of Love.
Mayor Allen stated that the Planning Commission recommended 9-0 that the Council
approve SUP-8-97-8.
Councilmember Snell asked if the school crossing signs are part of the project.
City Engineer Wesselschmidt stated that they have not put any of the street signs back
up, but they will be going in.
Councilmember Goode, seconded by Councilmember Breitenstein, moved to approve
SUP-8-97-8, special use permit to allow Maranatha Kinderprep a preschool at 6800
Lackman Road, for Full Faith Church of Love, subject to the following conditions:
1.
Review of the special use permit in one (1) year;
2.
No more than (12) children shall be cared for at the facility.
3.
Any interior remodeling undertaken shall be in compliance with applicable Life
Safety and Building Code requirements, and a building permit shall be obtained
prior to commencing any interior renovation;
4.
The hours of operation shall be limited to 7:00 A.M. to 6:00 P.M., Monday
through Friday;
5.
The applicant shall provide staff with a copy of the fire inspection report from
the Fire Marshall, and a copy of the State license, prior to operation of the
preschool;
6.
The play area shall be fenced;
7.
The parking lot shall be completed prior to operation of the facility;
8.
Site plan approval shall be obtained prior to construction of an additional access
drive onto Lackman Road and the drop off area;
AUGUST 25, 1997
CITY COUNCIL MINUTES
PAGE 23
9.
The applicant shall submit calculations to the Engineering Division regarding
the impervious area created by the project. Payment of the stormwater detention
fee shall be required prior to issuance of a building permit for any interior
remodeling undertaken;
10.
Erosion control measures shall be shown on the building permit plan and shall
be utilized throughout construction of the parking area; and
11.
A new special use permit shall be obtained prior to any expansion of the facility
to care for more than twelve (12) children.
The motion carried 7-0.
Mayor Allen requested that item 15 be moved up as the next agenda item.
15.
CONSIDER SIGN VARIANCE REQUEST FOR AN OFF-PREMISE SUBDIVISION
SIGN.
Councilmember Snell, seconded by Councilmember Segale, moved to approve S-112-97-8,
sign variance for J.C. Nichols Real Estate for an off-premise subdivision directional sign for
Belmont Downs subdivision at the southwest corner of K-7 Highway and Johnson Drive. The
motion carried 7-0.
10.
CONSIDER CHARTER ORDINANCE FOR THE CREATION OF A CONVENTION
AND VISITORS BUREAU.
Mayor Allen stated that at the June 23, 1997 City Council meeting, Council voted to direct staff
to prepare an ordinance creating a Convention and Visitors Bureau.
Councilmember Truitt, seconded by Councilmember Goode, moved to pass a Charter
Ordinance, creating a Convention and Visitors Bureau and establishing the composition of the
Bureau. The motion carried 7-0. Having passed, Charter Ordinance 23 was assigned.
11.
CONSIDER ADOPTION OF ORDINANCE PERTAINING TO SOLICITING.
Mayor Allen stated that at the June 9, 1997 City Council meeting, Council directed staff to
prepare an ordinance amending the current soliciting ordinance.
Councilmember Truitt, seconded by Councilmember Meyers, moved to pass an ordinance
amending Ordinance No. 351, limiting the hours of solicitation and requiring solicitors to
provide written receipts. The motion carried 7-0. Having passed, Ordinance 2335 was
assigned.
12.
CONSIDER RESOLUTION PERTAINING TO KANSAS CITY METROPOLITAN
AREA RETAIL WHEELING POSITION.
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CITY COUNCIL MINUTES
AUGUST 25, 1997
Councilmember Douglas stated this is very important and the City needs to stay on top of this.
She said that it is going to be changing and the legislators do not seem to understand the City of
Shawnee's position and need to have control over right-of-way.
Councilmember Segale stated the City should send a copy of the resolution to the
representatives and the legislators. He asked if there was a chance of the City getting a seat on
the advisory board that the State set up.
City Manager Montague stated the City has the local MARC Board in Kansas City.
Councilmember Segale stated that the State of Kansas has the board appointed by the Governor.
Councilmember Breitenstein stated that representatives from the Kansas League are on it.
Councilmember Douglas, seconded by Councilmember Goode, moved to adopt a resolution
adopting the Kansas City Metropolitan Area Retail Wheeling Position Statement on the issue of
deregulation of the electric utility industry. The motion carried 7-0. Having passed, Resolution
1070 was assigned.
13.
CONSIDER THE FOLLOWING ITEMS FROM THE PLANNING COMMISSION
MEETING OF AUGUST 4, 1997.
a)
Consider Final Plat of DeSoto East Elementary School.
Mayor Allen stated that the Planning Commission recommended 9-0 that the Council
approve FP-27-97-8.
Mayor Allen asked if DeSoto East Elementary would be the name of the school.
Planning Director Chaffee stated no.
Councilmember Goode, seconded by Councilmember Truitt, moved to approve FP-2797-8, final plat of DeSoto East Elementary School at 5875 Monticello Road, subject to
the following conditions:
1.
Recording of the final plat and pedestrian easement prior to issuance of a
building permit;
2.
Approval of stormwater drainage and detention plans by the Engineering
Division prior to commencing construction;
3.
All public improvements be designed and constructed in accordance with City
standards;
4.
Fire hydrant locations shall be subject to the approval of the Fire Chief, and
installed prior to issuance of a building permit;
AUGUST 25, 1997
CITY COUNCIL MINUTES
PAGE 25
5.
All utilities be placed underground with junction boxes located within rear and
side yard areas only;
6.
A computation plat shall be provided with the recording copies of the final plat,
showing the coordinates of all points, the bearings and lengths of all lines, and
the individual area, in square feet, of the subject lot and Monticello Road rightof-way. The centerline miles of the newly dedicated street shall also be shown;
7.
The applicant submit a copy of the required Environmental Protection Agency
National Pollutant Discharge Elimination System (NPDES) Permit
(Construction Activity Form 1) from the Kansas Department of Health and
Environment upon approval; and
8.
Erosion control measures shall be undertaken and shall be indicated on the
grading plans, to be approved by the Engineering Division. Erosion control
measures shall be in place during all construction.
The motion carried 7-0.
b)
Consider Final Plat of Monticello Farms, 1st Plat.
Mayor Allen stated that the Planning Commission recommended 9-0 that the Council
approve FP-28-97-8.
Councilmember Douglas asked if there was a Park Board decision whether to keep it
open space.
Planning Director Chaffee stated that the Park Board has made a recommendation that
only the portion north of Clear Creek be dedicated to the City as public open space so a
trail can be extended from Gamblin Park to Mill Creek. He said the rest of it would be
maintained by the home's association. He indicated they did not feel there was any great
benefit to the City for the land south because there was no way to cross Clear Creek
without constructing a very large bridge.
Councilmember Breitenstein stated that she noticed that the developer is required to do
a floodplain study for the tributaries off the creek. She asked if the developer would
normally submit that study to the City. She asked if the City could have access to that
data because the County is trying to collect this data and are funding some studies to go
further into some of these water sheds. She indicated as developers do these studies
independently, it might be good to have that data and pass it onto the County.
Planning Director Chaffee stated that developers do provide the study to the City
because the City needs it to assure that the entire portion of lots are outside the 100 year
floodplain. He said that is the way the City can make that assurance and the results of
their survey will become record with the Engineering Division.
PAGE 26
CITY COUNCIL MINUTES
AUGUST 25, 1997
Councilmember Segale asked if the City had a rough idea of what their cost would be
for the benefit district.
City Manager Montague stated it is $110/foot on their property.
Councilmember Breitenstein, seconded by Councilmember Douglas, moved to approve
FP-28-97-8, final plat of Monticello Farms, 1st plat, for 48 single family lots at 64th
Street and Monticello Road, subject to the following conditions:
1.
Recording of final plat and deed restrictions prior to issuance of building
permits;
2.
Payment of the $200 per lot open space fee prior to issuance of any building
permits. In the event that the City accepts dedication of park ground, which the
Parks and Recreation Advisory Board has recommended to accept only the
property north of Clear Creek, the fee per single family lot will be reduced as
discussed in the staff report;
3.
A sample landscape plan for Tracts A and B be submitted for staff review prior
to recording of the plat. Required landscaping shall be installed as part of the
public improvements;
4.
No more than 122 single family lots total be included on the final plats for the
single family subdivision;
5.
The minimum house size for the single family development be 1,500 square feet;
6.
No more than twenty percent (20%) of the homes be constructed with the same
exterior elevation;
7.
The City Council approve an agreement for the purpose of respreading
Monticello Road assessments in a manner different from that indicated in the
staff report, if desired by the developer;
8.
Proposed streets be designed and built to City standards;
9.
The applicant submit a release or approval from the pipeline company to permit
64th Street to cross their easement prior to preparing the recording copies of any
final plat;
10.
The applicant be responsible for preparing a study to identify the base flood
elevations along Clear Creek's main channel and its tributaries. Once identified,
any home proposed to be built within the floodplain must be elevated so that its
lowest floor, including the basement, is at least two feet above the base flood
elevation;
AUGUST 25, 1997
CITY COUNCIL MINUTES
PAGE 27
11.
A permit be obtained from the Kansas State Board of Agriculture, Division of
Water Resources, for any grading/filling work within the floodplain;
12.
The applicant obtain a Letter of Map Revision (LOMR) from FEMA before the
issuance of a building permit on any lot filled to elevate it out of the floodplain;
13.
The developer satisfy stormwater detention requirements through fee payment as
specified in the staff report. The detention fee must be paid prior to
commencing construction work on any public improvements;
14.
The applicant shall submit individual preliminary street and stormwater drainage
plan-profile sheets and an overall street lighting plan to the City Engineer for
approval prior to making the recording copies of the final plat;
15.
All public improvements shall be designed and constructed in accordance with
the City's current Manual of Technical Specifications and Design Criteria,
except as specifically waived or varied by action of the City Council;
16.
The applicant 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 shall
be submitted to the City Engineer prior to the issuance of a grading permit. A
copy of the permit shall be submitted upon approval by the State;
17.
Erosion control measures be indicated on the grading plans and in place prior to
beginning construction;
18.
All water main and fire hydrant locations shall be approved by the Fire Chief
and installed prior to issuance of any building permits;
19.
All public improvements shall be fully bonded and all necessary work permits
obtained prior to the issuance of any building permits. The developer will be
responsible for the cost of City-installed street name signs; and
20.
The applicant submit 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 right-of-ways, and the centerline miles of all newly dedicated
streets.
The motion carried 7-0.
d)
Consider request to rezone from Residential Suburban to Commercial Neighborhood for
a Commercial Center.
Mayor Allen stated that the applicant has requested that this item be tabled to the
September 22, 1997 City Council meeting.
PAGE 28
CITY COUNCIL MINUTES
AUGUST 25, 1997
Councilmember Snell, seconded by Councilmember Douglas, moved to table the
request to rezone from Residential Suburban to Commercial Neighborhood for a
Commercial Center to the September 22, 1997 City Council meeting. The motion
carried 7-0.
17.
CONSIDER THE FOLLOWING ITEMS FROM THE PUBLIC WORKS AND SAFETY
COMMITTEE MEETING OF AUGUST 19, 1997.
a)
Request for Property Tax Abatements for Roadway Packaging Systems, Inc.
(See item no. 9.)
b)
Request from Broken Arrow PTA to Waive Rental Rates for Use of the Civic Centre.
Councilmember Snell stated that the Committee recommended 3-0 that Council waive
the rental fee for the use of the Civic Centre for Broken Arrow PTA.
Councilmember Snell, seconded by Councilmember Meyers, moved to waive the rental
fee for the use of the Civic Centre for Broken Arrow PTA to provide child-care during
PTA meetings, once a month for two (2) hours, from September 1997 through May
1998, with a financial impact to the City from potential lost revenue of $64 for the year.
The motion carried 7-0.
e)
Proposed Old Shawnee Town Operating Schedule.
Councilmember Snell stated that the Committee recommended 3-0 that Council approve
the proposed Old Shawnee Town operating schedule as submitted.
Councilmember Douglas stated that a lot of museums use Sunday as a free family day.
She said that she noticed in the minutes that Sunday is one of the days that is not as
highly attended at Old Shawnee Town. She indicated that Council might consider
Sunday as free family day, not charging $1.00 for the tours.
Councilmember Breitenstein stated the point to the schedule is that it is a transition
schedule that would allow them to have some time to get things cataloged when the
museum is not open. She said in 18 months they would like to revisit the schedule and
have it open for more hours during the week.
Councilmember Snell, seconded by Councilmember Goode, moved to approve the
proposed Old Shawnee Town operating schedule for approximately 1-1/2 years to
enable staff to get some ground work completed as follows:
1.
Months of operation: closed for visitors third week of December - January 31;
staff will continue to work;
AUGUST 25, 1997
CITY COUNCIL MINUTES
PAGE 29
2)
Months of guided tour operation: May 1 - September 1; school groups can tour
before and after these dates by appointment;
3)
Months of self guided tour operation: February 1 - third week of December;
4)
Days open to the public: Tuesday - Saturday;
5)
Hours open to the public: 12:00 pm to 5:00 pm;
6)
Tour hours: Guided tours conducted at l:00 pm and 3:00 pm Tuesday - Saturday;
Open for self guided tours 12:00 pm - 5:00 pm Tuesday - Saturday; and
7)
Holiday closings: All holidays observed by the City.
The motion carried 7-0.
g)
Acquiring Additional Land for the Riverfront Park Project.
Councilmember Snell stated that the Committee recommended 3-0 that Council
authorize staff to negotiate the purchase of any available land under the constraints of
the grant.
Councilmember Snell stated that this is a historic moment and in 20 years looking back,
we can say that Shawnee is the only major river City in the County.
Councilmember Snell, seconded by Councilmember Douglas, moved to authorize staff
to negotiate the purchase of any additional available land under the constraints of the
grant for the Riverfront Park project. The motion carried 7-0.
h)
Final Plans For Stump Park, Phase I.
Councilmember Snell stated that the Committee recommended 3-0 that Council accept
the final plans for Stump Park, Phase I.
Councilmember Segale stated he supported this item, but he questioned the suitability of
this property because of the slopes and the cost of turning it into a soccer field.
Mayor Allen stated that the City acquired this site at a very nominal cost from the
County.
Councilmember Segale stated he was referring to the grading costs.
Councilmember Snell, seconded by Councilmember Breitenstein, moved to accept the
final plans for Stump Park, Phase I, grading and seeding for seven (7) soccer fields and
six (6) softball diamonds, grading for a future parking lot and installation of gates at the
proposed entrances, to be funded by the City at large. The motion carried 7-0.
PAGE 30
i)
CITY COUNCIL MINUTES
AUGUST 25, 1997
The Neighborhood Revitalization Program.
Councilmember Snell stated that the Committee recommended 3-0 that Council place a
ballot question regarding reinstatement of the residential franchise fee for gas and
electric utilities to fund the Neighborhood Revitalization Program on the April 7, 1998
General ballot.
JAMES MASSON, 6500 Mize Road, stated that he is not in favor of the franchise tax.
He said that he lives in the western part of Shawnee where the taxes are higher and he is
tired of more taxes. He said he doubts the fairness of the utility tax. He indicated a
person who does not live on a natural gas line and has electric heat which costs more is
going to pay more taxes then the person on gas heat. He noted a person who heats their
house with propane does not pay any tax at all. He stated if this is going to be for the
good of the City, it should be a tax that is equal for everyone that participates. He said
maybe taxing the water should be considered because everyone uses water.
Councilmember Snell thanked JAMES MASSON because he attended the forums and is
well informed. He said the people that need to be educated about the Neighborhood
Revitalization Program are people that have not weighed both sides of the equation on
this (the value of neighborhoods that are revitalized versus what people perceive as a
form of raising revenue called a tax).
JAMES MASSON stated he does not see anything wrong with roadside ditches if they
are properly installed; they are better than curbs. He said he sees the City replacing
curbs that are less than 20 years old on Johnson Drive and it is a constant maintenance
problem. He noted that the concrete today is no good. He indicated that he can not see
spending money to put curbs in front of houses that will have to be torn up and
constantly replaced.
Councilmember Segale asked if there would be a vote on the verbiage that would appear
on the ballot.
Councilmember Snell stated the verbiage would come to Council before December 1,
1997. He said there are things to consider such as whether to make it a Charter
Ordinance which would have a more lasting affect as to what is said.
City Attorney Rainey stated that the City Attorney's office would draft a Charter
Ordinance. He said the primary reason for the Charter Ordinance is it is the only way to
submit it to a binding election conducted by the Johnson County Election
Commissioner.
Councilmember Snell, seconded by Councilmember Meyers, moved to place a ballot
question regarding reinstatement of the residential franchise fee for gas and electric
utilities to fund the Neighborhood Revitalization Program on the April 7, 1998 General
ballot with a draft of the verbiage that would appear on the ballot completed by
December 1, 1997, giving the public time to review it. The motion carried 7-0.
AUGUST 25, 1997
CITY COUNCIL MINUTES
PAGE 31
BUSINESS FROM THE FLOOR
a)
Shawnee Station Force Main
RON MEYERS, 14719 W. 65th Terr, stated that he has been building a wall for the last 1 1/2
years and has not gotten very far. He said it is not a very attractive wall from Shawnee Mission
Pkwy because it is rock and concrete. He indicated that the back of his house slopes down into
the drainage area that goes under the road. He said that he noticed they were doing work at that
location. He noted that it looks to support the new shopping center and they are going to put a
lot of drainage ditches down there. He stated there are two big mounds of dirt where
construction work has been done. He asked if when they put the additional culverts in with the
2 mounds of dirt to the east of him, they could take a front end loader over to where the hill
comes down from Lackman Road to where the back of his yard goes down where he is building
the wall to level his backyard off. He said if they could bring that dirt in and level the hill
coming off and cover the wall up, it would be a lot more attractive. He indicated if that could
be leveled off, he could plant some trees there because that is a low marshy area and the looks
can be improved.
Mayor Allen asked Public Works Director Freyermuth if that request is something that could be
looked at.
Councilmember Goode stated that he would be glad to look at it for RON MEYERS.
RON MEYERS stated that he thinks they are going to be excavating in that area and would
have the dirt because they have large concrete cylinders sitting along the bank.
Mayor Allen stated that is the sewer line going in.
Public Works Director Freyermuth stated it is a temporary line for use of the new shopping
center. He said this is a contract through the sewer district and something the City does not
have any control over. He indicated that staff could look into whether this request is even
feasible.
RON MEYERS stated that the two mounds of dirt already there look like they would have to be
hauled away. He said he thought it would be easy to take a bucket, lift it up, and pour it along
that area. He noted that his neighbors have used old railroad ties to make a wall and he is using
concrete which is not very attractive. He indicated if they could dump that dirt where his
neighbor and him have built their walls, it would make it much more attractive from the road.
Public Works Director Freyermuth stated staff could see what is available out there and if there
is any potential to do any type of changes. He said staff would have to follow up with the sewer
district to see if they would be interested in adjusting their contract with their contractor to do
any different kind of work.
RON MEYERS stated it would not be doing any additional work, it would be doing less work.
He said instead of hiring trucks, loading, and hauling the dirt off, they could just pick it up with
a back loader and bring it up to the walls.
PAGE 32
CITY COUNCIL MINUTES
AUGUST 25, 1997
Mayor Allen stated that RON MEYERS could check with the contractor that would be in
charge of the overall project and the County Commissioner for the area.
STAFF ITEMS
18.
CONSIDER BIDS FOR SMAC STORM CHANNEL IMPROVEMENT PROJECT
NORTH OF 55TH STREET AND EAST OF OLD K-7 HWY., P.N. 3211.
Mayor Allen stated that bids were received on August 12, 1997, for the SMAC storm channel
improvement project north of 55th Street and east of Old K-7 (Driftwood Acres).
Councilmember Breitenstein, seconded by Councilmember Goode, moved to award the bid to
Larkin Excavating, Lawrence, Kansas, in the amount of $117,665.90, for the SMAC storm
channel improvement project north of 55th Street and east of Old K-7 (Driftwood Acres), P.N.
3211, with SMAC funding $118,900, and the City’s portion estimated at $52,800. The motion
carried 7-0.
19.
CONSIDER BIDS FOR SMAC STORM DRAINAGE IMPROVEMENT PROJECT
NEAR FLINT AVENUE FROM 55TH STREET TO 57TH STREET, P.N. 3199.
Mayor Allen stated that bids were received on August 14, 1997, for the SMAC storm drainage
improvement project near Flint Avenue from 55th Street to 57th Street.
Councilmember Goode, seconded by Councilmember Breitenstein, moved to award the bid to
Blacktop Paving & Construction, Eudora, Kansas, in the amount of $391,839.24, for the SMAC
storm drainage improvement project near Flint Avenue from 55th Street to 57th Street, P.N.
3199, with SMAC funding $371,300, and the City’s portion estimated at $212,100. The motion
carried 7-0.
20.
CONSIDER BIDS FOR 1997 BRIDGE DECK SCALE PREVENTION PROGRAM.
Mayor Allen stated that bids were received on August 12, 1997, for the 1997 bridge deck scale
prevention program.
Councilmember Douglas, seconded by Councilmember Breitenstein, moved to reject both bids
for the 1997 bridge deck scale prevention program and reevaluate the program with the intent
of rebidding the work next year. The motion carried 7-0.
21.
CONSIDER BIDS FOR ICE CONTROL SALT MATERIALS.
Mayor Allen stated that bids were received on August 19, 1997, for ice control salt materials.
Councilmember Goode, seconded by Councilmember Breitenstein, moved to award the bid to
Independent Salt Company, Kanopolis, Kansas, in the amount of $20.80 per ton for pre-season
purchases and $21.56 per ton for winter season purchases for ice control salt materials. The
motion carried 7-0.
AUGUST 25, 1997
CITY COUNCIL MINUTES
PAGE 33
MISCELLANEOUS ITEMS
22.
CONSIDER APPROVAL OF SEMI-MONTHLY CLAIM FOR AUGUST 25, 1997, IN
THE AMOUNT OF $3,735,305.22.
Councilmember Douglas, seconded by Coucilmember Breitenstein, moved to approve the semimonthly claim for August 25, 1997, in the amount of $3,735,305.22. The motion carried 7-0.
23.
MISCELLANEOUS COUNCIL ITEMS.
a)
Plans for the Agenda Packet
Councilmember Douglas stated that she had intended to save staff time on printing and it seems
to have increased by putting the plans into the agenda packets. She said she preferred having
these than the little break down sections.
b)
Article regarding preparing FY2008
Councilmember Douglas stated in the August 1997 issue of the Kansas Government Journal,
there was an article by Chris McKenzie in the Editor's Notebook column, entitled "Preparing
the FY2008 Budget." She said if Council gets a chance, they should read it. She indicated that
it discusses preparing a budget and when everyone shops the Internet, what happens to the
City's sales tax.
c)
Site Plan for Phillips 66 - Monticello & Shawnee Mission Pkwy
Councilmember Douglas asked Planning Director Chaffee if Council would be able to review
the changes made for the Phillips 66 at Monticello & Shawnee Mission Pkwy.
Planning Director Chaffee stated it would not be coming back to Council since the site plan had
not been called up.
d)
Kansas Department of Commerce and Housing booklet
Councilmember Douglas stated she had a visit from the Overland Park Chamber of Commerce
and they do retention and have a councilmember that comes around. She said they were
discussing the improvements on Merriam Drive and the formation of their home's association.
She indicated that area is working on a block to block basis. She noted that they also gave her
the Kansas Department of Commerce and Housing booklet that Charlie Vogt works from. She
stated that Council may be interested in seeing one of these and asked City Manager Montague
to order them for Council. She said it is beneficial knowing what the State also offers in the
way of helping out on the abatements.
e)
Shawnee Mission Pkwy & Nieman
PAGE 34
CITY COUNCIL MINUTES
AUGUST 25, 1997
Councilmember Goode asked Public Works Director Freyermuth if staff had made any changes
to Shawnee Mission Pkwy & Nieman signal. He said it seems as if the 8:00 a.m. traffic is
moving through with more than 2 - 3 cars.
Mayor Allen stated that locations appears to be much better.
Public Works Director Freyermuth stated changes were made about three weeks ago.
Councilmember Goode thanked Public Works Director Freyermuth for the changes made.
f)
National League of Cities guidelines for placement of towers
Councilmember Truitt requested City Manager Montague to order for Council the study from
the National League of Cities containing guidelines for placement of towers.
Mayor Allen stated that the City already has that.
g)
Executive Session
Councilmember Snell, seconded by Councilmember Truitt, moved to recess to executive
session for approximately ten minutes for the purpose of discussing a possible real estate
purchase. The motion carried 7-0, and the meeting recessed at 10:11 p.m.
Upon return, Councilmember Truitt, seconded by Councilmember Snell, moved to reconvene
the meeting. The motion carried 7-0, and the meeting reconvened at 10:21 p.m.
ADJOURNMENT
Councilmember Snell, seconded by Councilmember Truitt, moved to adjourn. The motion carried 7-0,
and the meeting adjourned at 10:21 p.m.
____________________________
Sonya Fendorf
Recording Secretary