CITY OF SHAWNEE
CITY COUNCIL MEETING
MINUTES
AUGUST 13, 2001
7:30 P.M.
Mayor Allen called the meeting to order at 7:31 p.m. in the Shawnee City Hall Council Chambers.
He welcomed the public and all stood and recited the Pledge of Allegiance, followed by a moment of silence.
Councilmembers Present
Councilmember Carlson
Councilmember Segale
Councilmember Roche
Staff Present
City Manager Montague
City Attorney Rainey
Public Works Director Freyermuth
Councilmember Goode
Councilmember Meyers
Assistant City Manager Gonzales
Finance Director Meyer
Councilmember McGuff
Councilmember Thomas
Planning Director Chaffee
Parks & Recreation Director Holman
Councilmember Boettcher Fire Chief Hudson
Police Chief Clark
City Engineer Wesselschmidt
Members of the public who spoke were: Item 3 - CHERYL COON, 6436 Metcalf, Overland Park,
Board of Directors of G.I.T.; Item 12 - MARK SHRIVER, KPL, 323 N. Parker, Olathe; Item 13a -
BILL GARRETT, Spring Hill and DAVID B. ANDERSON, Drexel, Missouri; Business from the floor - DAVID MORRIS, 6125 Melrose Lane.
CONSENT AGENDA
1. APPROVE MINUTES FROM THE CITY COUNCIL MEETING OF JULY 23, 2001.
2. REVIEW MINUTES FROM THE PLANNING COMMISSION MEETING OF JULY
16, 2001.
3. REVIEW MINUTES FROM THE PARKS AND RECREATION ADVISORY
BOARD MEETING OF JULY 5, 2001.
4. REVIEW MINUTES FROM THE FINANCE
COMMITTEE MEETING OF AUGUST 7, 2001.
AND ADMINISTRATION
5. CONSIDER STREET LIGHT PETITION FOR THE INSTALLATION OF ONE
STREET LIGHT BETWEEN PFLUMM ROAD AND HAUSER DIRIVE ON THE
SOUTH SIDE OF 61ST TERRACE AT 13357 WEST 61ST TERRACE.
The annual lease rate for this light will be $134.28.
6. CONSIDER RESOLUTION FOR THE ENLARGEMENT OF CONSOLIDATED
MAIN SEWER DISTRICT FOR 75TH STREET AND MONTICELLO ROAD.

PAGE 2 CITY COUNCIL MINUTES AUGUST 13, 2001
7.
8.
Having passed, Resolution 1282 was assigned.
CONSIDER RESOLUTION FOR THE ENLARGEMENT OF CONSOLIDATED
MAIN SEWER DISTRICT FOR THE GENERAL VICINITY OF 83RD STREET
AND WOODLAND DRIVE.
Item 7 was pulled from the Agenda because it is located in the City of Lenexa.
CONSIDER CHANGE ORDERS NO. 1 AND 2 FOR 49TH STREET AND NIEMAN
ROAD STORM DRAINAGE IMPROVEMENTS, P.N. 3242.
9.
The contract was awarded to Max Rieke and Brothers, Inc., Shawnee, Kansas on April 23,
2001, in the amount of $507,084.59. Change Order No. 1 reflects a net increase of
$8,770.39, providing for the replacement of two existing curb inlets and piping which are in poor condition. Change Order No. 2 reflects a net increase of $2,860 and will provide for the reconstruction of the downstream channel. The new contract amount for this project is
$518,714.98.
CONSIDER AMENDMENT NO. 1 TO THE ANNUAL CONTRACT FOR TRAFFIC
SIGNAL AND STREET LIGHT MAINTENANCE PROGRAM.
The City has had a contract with Total Electric for many years to maintain City-owned street light and traffic signal system. On August 1, 2001, the City’s new Traffic Engineering
Division took over the primary duties and responsibilities. The Division is small and without all the necessary equipment. Amendment No. 1 modifies our current contract to retain the services of Total Electric when needed for repairs that cannot be performed with
City personnel. The amended contract will remain in effect until either party gives sixty
(60) days notice to cancel or make amendments.
Councilmember Roche, seconded by Councilmember Goode, moved to approve the entire consent agenda. The motion carried 7-0.
MAYOR’S ITEMS
There were no Mayor’s Items.
PUBLIC ITEMS
10. CONSIDER THE FOLLOWING ITEM FROM THE PLANNING COMMISSION
MEETING OF JULY 16, 2001. a) Consider review of SUP-3-00-6, a special use permit issued to Breakers Billiard Café to allow live entertainment in the form of billiards at 11010 W. 74th Terrace.
Mayor Allen stated that the Planning Commission recommended 10-0 that Council renew SUP-3-00-6.

AUGUST 13, 2001 CITY COUNCIL MINUTES PAGE 3
Councilmember Thomas, seconded by Councilmember Carlson, moved to renew
SUP-3-00-6, a special use permit issued to Breakers Billiard Café to allow live entertainment in the form of billiards at 11010 W. 74th Terrace, subject to the
Planning Commission’s recommendations listed in the August 13, 2001 staff report.
The motion carried 7-0.
11. CONSIDER APPROVAL OF A REQUEST TO WAIVE RENTAL FEES AT THE
CIVIC CENTRE.
Mayor Allen stated that staff has received a request, from G.I.T. (Girls in Training) Up and
Go, to waive the rental fees for half of the gym on Wednesday evenings from 6:00 p.m. to
7:30 p.m. for the fall season (September 12 to November 7, 2001) and the spring season
(March 6 to May 15, 2002), and requested to use a meeting room for October 17, 2001,
November 7, 2001, April 10, 2002, and May 15, 2002. The financial impact to the City would $537 for the 22.5 hours reserved.
Councilmember Roche stated in the past Council has denied these types of request. He said he felt they should remain consistent.
Councilmember Roche, seconded by Councilmember Thomas, moved to deny the request from G.I.T. (Girls in Training) Up and Go to waive the rental fees.
CHERYL COON, 6436 Metcalf, Overland Park, Board of Directors of G.I.T., stated they have been in this area for two years. The girls they serve are in the Shawnee, Merriam, and northern Overland Park areas. The majority of the girls go to Hocker Grove middle school.
The purpose of this program is to encourage middle school girls to participate in athletics.
They operate on a budget of $3,000 to $5,000. They are not sure were else they can go. She asked if they could have a small portion of the fee waived.
Councilmember Segale asked why should Council reduce the rate.
CHERYL COON responded because they are serving the girls in the Shawnee district. She said the purpose is to allow them a place to begin developing their self-esteem and selfconfidence to keep these girls interested in doing other things besides hanging out at the malls or neighborhoods.
Councilmember Segale asked where have the activities taken place since they have been in existence.
CHERYL COON stated the last two years they have been at the Shawnee Civic Centre.
Previously, they were at the YWCA on 87 th
Street and then they began charging a fee there and shut down part of the program. She said they just need a small space inside to meet to get everybody together to stretch and talk.
Councilmember Segale asked if they had paid the Civic Centre for the last two years.
CHERYL COON answered no.

PAGE 4 CITY COUNCIL MINUTES AUGUST 13, 2001
Parks and Recreation Director Holman explained that G.I.T. used the facilities during open gym. He said the Civic Centre has restructured the open gym schedule.
CHERYL COON stated they have about 25-35 girls that show up every week. The majority of the time they would be out running, playing tennis, or other activities.
Councilmember Carlson asked if there is another day of the week that would work.
Parks and Recreation Director Holman stated he tried to work out a new schedule, but G.I.T. needed to have the facilities on Wednesday from 6:00 p.m. – 7:30 p.m.
CHERYL COON explained that the girls are middle school students and the idea is to get them home in time to get their homework done and spend time with their family. She asked if they could work out an adjusted fee or a flexible timeframe of locations within that building.
Councilmember Meyers stated if they approved this request, they would be opening themselves to other groups with the same need. He mentioned it would not take a lot of money to rent space if they have 25 girls in this program.
CHERYL COON said that they do not charge these girls. Most of these girls can not afford to pay for other recreational opportunities.
Councilmember Meyers suggested that they solicit sponsorship.
CHERYL COON responded that is what they do now.
Mayor Allen stated it sounds like a great program, but from the City’s standpoint if they approve the request they could have 20-30 different organizations that would approach the
City with the same need.
Councilmember Carlson asked if G.I.T. had considered using Hocker Grove.
CHERYL COON explained that using schools require a million-dollar insurance policy.
Councilmember Meyers mentioned that the insurance policy would cost $3.75 per girl for a full year.
Therefore the motion read: Councilmember Roche, seconded by Councilmember Thomas, moved to deny the request from G.I.T. (Girls in Training) Up and Go to waive the rental fees. The motion carried 7-0.
COUNCIL ITEMS
12. CONSIDER THE FOLLOWING ITEMS FROM THE PUBLIC WORKS AND
SAFETY COMMITTEE MEETING OF JUNE 19, 2001.

AUGUST 13, 2001 CITY COUNCIL MINUTES PAGE 5
Chairperson Thomas stated that the Committee recommended 4-0 that Council approve the ordinance and the Policy Statement (PS-27).
Councilmember Thomas, seconded by Councilmember Segale, moved to pass an ordinance amending Title 12 of the Shawnee Municipal Code entitled “Streets, Sidewalks, and Public
Places” by adding thereto Section 12.04.001 entitled “Street Excavations by
Telecommunication providers” and by adding thereto Chapter 12.06 entitled “Right-of-Way
Management”.
MARK SHRIVER, KPL, 323 N. Parker, Olathe, stated they first saw the right-of-way ordinance two weeks ago. He asked for more time so they could review the ordinance to find out the financial impact it would have on their operations at the Olathe office. He understood from the telecommunication side that Southwestern Bell and other telecommunication companies are exempted from this right-of-way ordinance at least until
July 1, 2002. He asked that Council postpone this item until all the companies are treated the same within the public right-of-way.
Councilmember Segale agreed that they should be treated fairly. He suggested that they lobby with the Kansas Legislature on this issue because they were the ones who created the inequity in the law. Prior to their moratorium that they just passed in their recent session, everyone would have been treated equally.
MARK SHRIVER asked Council to postpone the right-of-way ordinance until there is some consistency in the application of it within the right-of-way.
Mayor Allen stated what he understood is that the City would be, other than the telecommunication, following what the current ordinances are in the City of Overland Park and the City of Lenexa. He said the City needs more control than what they currently have.
Councilmember Segale asked if utility companies participated in the Mid-American
Regional Council meetings on this subject.
City Attorney Rainey stated he did not recall if KPL was there, but these ordinances were worked on by a number of cities. The City of Shawnee participated in the funding of one of the original studies that helped develop a basis for the fee and the right-of-way ordinance.
Several of the other cities adopted the same ordinance about two years ago. The City of
Shawnee discussed it at that time and decided to wait until a Right-of-Way Technician was approved in the budget.The fees in this ordinance would fund that position. The City wanted time to hire the person after January 1, 2001. He indicated that the Legislature this year got involved and said cities could not implement a new right-of-way ordinance after
January 1, 2001, or it would not apply to telecommunication providers which is the reason the City had to exempt telecommunication providers from the ordinance. It is a State Statute that this ordinance can not apply to them.
MARK SHRIVER asked if they would be willing to postpone passage of the ordinance for three to four weeks so they could go through it in detail and visit with City staff.

PAGE 6 CITY COUNCIL MINUTES AUGUST 13, 2001
Councilmember Segale stated if over time they feel that there are things that need to be changed in this ordinance they could come before Council who would be willing to consider those changes. He felt the City should move forward and pass the ordinance.
City Attorney Rainey stated tabling this item for a couple of weeks would be okay, but they have been negotiating with Everest Communications who will be running 250-300 wires of cable through Shawnee so the City does not want to put this item on hold for too long.
MARK SHRIVER asked if Everest is exempt from the ordinance.
City Attorney Rainey answered no. He said Everest provides both cable television and internet as well as telephone service and they will have both franchises. Everest runs one wire to a house so that has been part of the City’s negotiations with them that their work would be subject to the new ordinance.
Mayor Allen asked if the maker of the motion would consider tabling this item until the next
City Council meeting.
Councilmember Thomas answered no. She said this ordinance would be bringing the City up to the same level of standards as Overland Park and Lenexa. She mentioned that Mr.
Shriver has not indicated even one objection to the specifics of the ordinance.
Therefore the motion read: Councilmember Thomas, seconded by Councilmember Segale, moved to pass an ordinance amending Title 12 of the Shawnee Municipal Code entitled
“Streets, Sidewalks, and Public Places” by adding thereto Section 12.04.001 entitled “Street
Excavations by Telecommunication providers” and by adding thereto Chapter 12.06 entitled
“Right-of-Way Management”. The motion carried 6-1, with Councilmembers Thomas,
McGuff, Meyers, Roche, Segale, and Carlson voting aye, and Councilmember Goode voting nay. Having passed, Ordinance 2566 was assigned.
Councilmember Thomas, seconded by Councilmember Segale, moved to approve Policy
Statement 27, (PS-27), Public Works Department Development, Service Fees and Right-of-
Way Permit Fees, which sets the fee schedule for right-of-way permits, bonds and insurance requirements and the maximum length of work that can be completed under one permit.
The motion carried 7-0.
13. CONSIDER THE FOLLOWING ITEMS FROM THE FINANCE &
ADMINISTRATION COMMITTEE MEETING OF AUGUST 7, 2001. a) Consider street improvements on the north side of Shawnee Mission Parkway, at
Hilltop.
Chairperson Segale stated that this item was forwarded to the Council with no recommendation. He said there was a motion to recommend approval, the developer improving the road to six lanes, with the understanding that if the developer was ever required to pay excise fees on that property in the future, the cost associated with increasing from three lanes to six, approximately $107,000, would be credited

AUGUST 13, 2001 CITY COUNCIL MINUTES PAGE 7 against the excise tax for the improvement; however, the vote was tied 2-2 resulting in no recommendation.
Councilmember Segale, seconded by Councilmember McGuff, moved to require the developer to construct Hilltop installing all the lanes per the requirements of the
Planning Commission, with the entire cost to the developer.
BILL GARRETT, Spring Hill, stated he is one of the developers on the Monticello
Center. He said the City relies heavily on traffic studies and there was one performed. He indicated that a traffic engineer told him that for their retail development (66 acres) one lane in, two lanes out is adequate. As he understands it, they want to take care of everybody in the north part of the City and maybe west, which is an additional sum of about $150,000 out of the developer’s pocket. He mentioned that this is not their problem.
City Engineer Wesselschmidt presented maps of Monticello Center and described the area. He said recently the Planning Commission approved Monticello Village, which will be a grocery store and some retail shops that are a subset of this development. The traffic study looked at it in two ways, how much traffic would be out there with existing traffic and the Monticello Village, and how much traffic would be out there with ultimate development. They determined that three lanes would be adequate for that. He indicated that if they include the rest of Mr. Garrett’s development as well as other traffic that would access this area, that creates the traffic which resulted in the six lanes that were recommended by the traffic engineer who was hired by the Dillon’s shopping center.
Mayor Allen stated when this was platted in 1988, the City did not have an excise tax in effect. He asked if, excluding Mr. Garrett’s property, the property to the east and
Rodrock’s property would be subject to the excise tax or would they have credit for the roads built as part of their project.
City Engineer Wesselschmidt stated they would be subject to the excise tax. He said they would get some credit for participating in the benefit district for building
Johnson Drive as well as a benefit district for building Monticello Road.
Mayor Allen stated he asked if the City had approved a platted plat for the other large commercial tract that primarily fronts along K-7 Highway. He said there was a rezoning.
City Engineer Wesselschmidt stated when this area comes in there are two to four different property owners that would be subject to the excise tax.
Councilmember Segale stated one issue with that is Hilltop is not a minor collector, which was not paid for by the excise tax.
City Engineer Wesselschmidt stated it is a minor collector that is widening out to six lanes at Shawnee Mission Parkway to provide the adequate left turn lanes and right turn lanes.

PAGE 8 CITY COUNCIL MINUTES AUGUST 13, 2001
Councilmember Segale stated the minor collectors are not usually something that the
City constructs. Usually, the requirement is a developer constructs that at their own expense and they do not get any credit against the excise tax. He said the compromise he offered was that if this development, the Monticello Center, were to be subjected to an excise tax, meaning they would replat the 3 rd plat and create more lots than they currently have, they would get credit for the $107,000, the cost of doing this improvement to the road now. The developer rejected that compromise.
The Finance and Administration Committee vote was tied. He indicated that is why he made a motion, since there did not seem to be a consensus on which way to go, other than just charge the developer directly.
BILL GARRETT stated their areas are small tracts and they want to try and make him believe that they will need six lanes of traffic to handle their property.
Councilmember Segale stated having adequate traffic flow there will benefit Mr.
Garrett’s development because a bottleneck will act as a deterrent from people traveling through there. The businesses that will locate there will ultimately want a smooth flow of traffic. That is why he would say it would benefit Mr. Garrett. In terms of being treated equally like the development across the street, if he were to come in with this now just the 3 rd
plat itself would generate almost $200,000 in excise tax. He said when they look at the amount of money that Mr. Garrett is going to have to spend to improve Hilltop, $107,000, he would still come out ahead in terms of being competitive.
BILL GARRETT stated the engineer told them that day it would be $150,000.
Councilmember Segale stated even if it is $150,000, it is still a significant difference from what he would have to pay if they had an excise tax. Competitively speaking, he would not think the developer is at a competitive disadvantage.
BILL GARRETT asked why is he getting such a big advantage for this when he is trying to supply intersections and streets north of them. He said when they bought this piece of ground to develop, it was already zoned Commercial Highway.
Councilmember Segale stated those people will be the customers to the tenants that the developer sells their property to.
BILL GARRETT stated that does not help him a bit. He said they have streets coming into their shopping center that will already be adequate.
Councilmember Segale stated the traffic study does not say that.
BILL GARRETT stated the last paragraph states that two lanes out and one lane in would be adequate for their shopping center.

AUGUST 13, 2001 CITY COUNCIL MINUTES PAGE 9
Councilmember Segale stated they will be building a street that will be used by the general public and it has to be adequate to move the general public through. He pointed out that the people of the City would own the street.
BILL GARRETT asked why the rest of the City doesn’t pay for the street if the rest of the City is going to be using it.
Councilmember Segale stated the people of the City would pay for the maintenance of the road. He said the price of the road would be rolled into purchases that people make at the shopping center.
BILL GARRETT stated that they do have to be competitive when they sell property.
Councilmember Segale stated based on the fact Mr. Garrett does not have to pay the excise tax, he would be competitive.
DAVID B. ANDERSON, Drexel, Missouri, stated the original plat was filed with the
City and recorded at the County. They have a recorded legitimate development here.
He said he thought the City Attorney should start condemnation to get the road put in and paid for that way. He indicated the developer should sit back and leave their roads like they are. He asked why would he replat his subdivision and pay big bucks that he does not have to pay. He said he does not have to because he has a plat and he is going to stick to it.
Councilmember Segale responded not if he sold the property in such a way he would have to replat it.
DAVID B. ANDERSON replied that he would not sell it, he would just leave it like the plat is and sell those lots off just like they are. He said if the City wants Hilltop in there, the City needs to condemn it.
Councilmember Segale asked if that meant he would not put the Dillon’s store in.
He said it is a requirement of the approval for the Dillon’s store that the developer put the street in. He indicated that it is within the City’s legal boundaries to require them to do that.
DAVID B. ANDERSON asked if the City had the legal right to change his plat that the City approved.
Councilmember Segale responded that he did not know if it would be a change in the plat.
DAVID B. ANDERSON replied that Hilltop is a change to the plat. He asked City
Attorney Rainey if he was right.
City Attorney Rainey responded that he would not want to comment on this until he knew more. He wanted a chance to review it before he would respond. He said they don’t have to have it platted necessarily.

PAGE 10 CITY COUNCIL MINUTES AUGUST 13, 2001
DAVID B. ANDERSON said he would stop the engineers and would not do anything but sit back and wait.
Mayor Allen commented in the past when there was vacant ground that would be impacted, the City would potentially pick up excise tax off that. That is what some of this money is meant to pay for. He said there is a fairly strong argument that the six lanes are needed for additional development to the north and west. He recommended that the City pay half of this cost. He indicated that the developer would benefit when the second phase of this project goes in. If Dillon’s opens, it will function. What has changed out there is the development on the south side is putting the same configuration of streets in and that will be a major ingress egress for both of these developments in the future. For the City to pick up some of that additional cost is probably reasonable.
DAVID B. ANDERSON said if the City wanted to pick up $75,000, they would go along with it.
Councilmember Segale stated he did not think that was reasonable at all. The type of road that Hilltop is, is not the type of road that is paid for by the excise tax. The excise tax is intended to pay for major streets and does not cover very much of that cost. The City is not even close in recovering the costs on the excise tax. The other thing they can compare this to is stormwater. If a developer developed a project at the bottom of a hill, they would have to put in pipes big enough to carry the water all the way up the hill. He felt he offered a reasonable proposal that would have treated this developer the same as the developer across the street. This developer chose to reject that proposal.
Councilmember Carlson asked what is the timeframe for the Dillon’s and Rodrock development.
Mayor Allen stated he understood that Dillon’s is ready to proceed if this is worked out. He said Rodrock is in the process of filing a master plan for the development with the Planning staff and expected to be filed shortly. He asked if most of the access on that property would use this interchange because of the creek.
Planning Director Chaffee answered correct.
BILL GARRETT asked how many units are planned on the medium density for
Rodrock.
Mayor Allen stated the City does not know until they actually file the plan.
Planning Director Chaffee stated medium density is usually 5-10 dwelling units per acre.
BILL GARRETT asked if 200 cars from those units added to their development would require six lanes at the intersection.

AUGUST 13, 2001 CITY COUNCIL MINUTES PAGE 11
Mayor Allen stated most of it is the commercial development along K-7 Highway that has the potential.
Therefore the motion was restated as follows: Councilmember Segale, seconded by
Councilmember McGuff, moved to require the developer to install the six lanes the
Planning staff stipulated to be a requirement of the development of the Dillon’s property at the entire cost to the developer. The motion carried 6-1, with
Councilmembers Segale, Roche, Goode, Meyers, McGuff, and Thomas voting aye, and Councilmember Carlson voting nay. b) Consider raising rates for Town Hall at Old Shawnee Town.
Chairperson Segale stated that the Committee recommended 4-0 that the Council approve raising the rates for Town Hall at Old Shawnee Town.
Councilmember Thomas asked that staff come back in a year to see if it is time to raise the fees again.
Councilmember Carlson, seconded by Councilmember Meyers, moved to approve the new rates for rental fees for Town Hall in Old Shawnee Town, which reflect a
$10 per hour increase for all rental categories as follows: Civic Group - $45.00;
Resident - $55.00; Non-Resident - $65; Commercial - $75; and Resident Package
Rates: 8 hours - $432.00 and 12 hours - $648.00. The motion carried 7-0. c) Consider Renner Road overlay, Johnson Drive to the 4700 block.
Chairperson Segale stated that the Committee recommended 3-0-1 that Council approve a gravel and liquid asphalt shoulder treatment in conjunction with the
Renner Road overlay.
Councilmember Segale, seconded by Councilmember Carlson, moved to approve a gravel and liquid asphalt shoulder treatment in conjunction with the Renner Road overlay, Johnson Drive to the 4700 Block, at an estimated cost of $49,000, provided from the general fund budget for overlay work.
Councilmember Meyers asked about the number of residents with frontage along this road that would be affected.
Public Works Director Freyermuth stated he did not have the information on the exact number of residents along there, but there are about five or six homes along there at least.
Councilmember Meyers stated he did not want to put the residents in an undesirable situation as far as the gravel and oil in the fronts of those residences. He said if he had frontage that previously was seeded with grass that is how he would want his frontage to be maintained. He said they could seed and put dirt in front of those properties and gravel the rest or maybe they should be consistent.

PAGE 12 CITY COUNCIL MINUTES AUGUST 13, 2001
Councilmember Carlson agreed with Councilmember Meyers. He stated the only problem is grass does not grow well along the edge of the borders of the road and most of it dies off rather rapidly. They would end up with another erosion problem.
Councilmember Meyers stated staff would not have presented Council with that option if it were not viable.
Councilmember Thomas stated she did not know why they would choose the
$50,000 gravel solution as opposed to the $100,000, do it one time solution with dirt and seed. She noted that the City does not allow gravel in driveways. They know it kicks up dust and they will have to come back and do it repeatedly. In the long run, they will end up spending more money and it will look tacky. She said she favored the other solution.
Councilmember Goode stated he toured that area and indicated it does need a shoulder.
Councilmember Segale asked if the whole purpose of the gravel is if someone gets off the pavement they could get back on.
Public Works Director Freyermuth answered correct.
Councilmember Segale asked if he would gravel that to the right all the way down to the bottom of the ditch.
Public Works Director Freyermuth answered no. He said they were talking about a two to four foot range for the gravel depending on what the current drop is. He explained that most of that section is fairly level with a couple inches of drop. With four more inches, about a six inch drop, they would not have to go out that far, probably three feet would make the difference to hold that shoulder in place even with the surface of the asphalt. In some areas there is almost four to five inches of drop already and in those areas they might be out four to five feet, which would be getting closer to the bottom of the ditch, but probably not to the bottom in any location. They try to avoid that. They try to be a couple of feet up from the bottom of the ditch with the gravel.
Councilmember Segale asked about the maintenance issues. He said if they overlay this again, they will have to add soil again. He asked if they overlay it again, will they have to add gravel again.
Public Works Director Freyermuth replied he doubted if they would overlay especially to this thickness. He noted that this was a request by Lake Quivira to get
CARS funding to do it to a substantial overlay thickness so they would participate and it would take just one time to get it smoothed out and into a good profile for the road; maybe a chip seal would be the next treatment in eight to ten years.

AUGUST 13, 2001 CITY COUNCIL MINUTES PAGE 13
Councilmember Segale stated it would be accommodating to put grass in front of the residences and gravel every where else. He asked if that scenario would work as well.
Public Works Director Freyermuth stated they could do that. He said they would have maintenance on either method because it is going to take time for the dirt and grass to vegetate and establish. He indicated they could do the dirt with grass in some sections and gravel in the rest of it. He noted it would not be the $100,000 cost because they would be using a cheaper treatment for the majority of the road. He said it might possibly look different because they are only talking about the Shawnee side; half the road on the northern section is in Lake Quivira’s city limits. He indicated that he has not heard what the Lake Quivira decision is on the treatment of their side of the road.
Councilmember Segale, seconded by Councilmember Carlson, amended the motion to do the grass and soil in front of residents’ houses and the gravel everywhere else.
Councilmember Meyers stated he has not talked to the residents personally, but maybe the City should give the residents the option. If they would rather have the gravel there that would be great also. He did not want to change their landscape without them not being notified that this would be done. He said as a homeowner, he would rather see soil rather than gravel if it were his property.
Councilmember Goode asked what is going to happen if there is a big downpour and a car goes off into someone’s yard; what will the City do. He felt they needed straight gravel with the asphalt overlay.
Councilmember McGuff stated if it is wet out and there is dirt right up to the roadway, there would be no shoulder at all. He said there are safety concerns that come to mind. If there were gravel there, at least it would provide a person with a little bit of a shoulder if they had to pull off.
Councilmember Thomas asked who mows this.
Public Works Director Freyermuth answered the City would mow most of the sections because they are agricultural along that location.
Councilmember Thomas stated what they are designing is a crazy checkerboard thing. She indicated there would be a place to get on and off the road if there is grass growing on the dirt. She did not think it would be a good idea to track people down, with the City having a system to keep track of every time they changed homeowners, of whether they preferred grass or gravel. She said they should go with the quality material, do the job once, heavily seed it, and be done with it.
Therefore the motion read: Councilmember Segale, seconded by Councilmember
Carlson, moved to approve a gravel and liquid asphalt shoulder treatment in conjunction with the Renner Road overlay, Johnson Drive to the 4700 Block, to install the grass and soil in front of residents’ houses, at an estimated cost of

PAGE 14 CITY COUNCIL MINUTES AUGUST 13, 2001
$49,000, provided from the general fund budget for overlay work. The motion carried 4-3, with Councilmembers Carlson, Segale, Roche, and Meyers voting aye, and Councilmembers Goode, McGuff, and Thomas voting nay. d) Consider application for issuance of Private Activity Revenue Bonds and corresponding resolution.
Chairperson Segale stated that the Committee recommended 4-0 that the Council adopt the inducement resolution.
City Manager Montague stated that the applicant had requested that this item be tabled.
Councilmember Roche, seconded by Councilmember Segale, moved to table the discussion of the inducement resolution to issue Multi-family Housing Revenue
Bonds in an aggregate principal amount not to exceed $28,500,000 for Mill Creek
Apartments, a LLC, for a 360-unit multi-family housing project with 40% low and moderate income senior housing. The motion carried 7-0.
BUSINESS FROM THE FLOOR a) Green Lantern Project.
DAVID MORRIS, 6125 Melrose Lane, stated after 1-1/2 years, they see that the Green
Lantern project has pulled out. He said although it was not the neighborhood’s first and best choice, a number of them are disappointed after 1-1/2 years worth of work both with Green
Lantern and the City. He indicated that it appears that the City has worked hard not to get them in there.
Mayor Allen stated he was told by an attorney that represents Green Lantern through a third party that Green Lantern has changed their plans on the type of stores and metropolitan areas they are opening. Not only are they not proceeding with this store, but they also had acquired and planned on building a store in Overland Park. They are moving towards gas stations with commercial truck washes. He mentioned that there were some problems with them obtaining a sewer permit and the City was not involved in that. The only other discussion he knew about is a minor problem with entrance or egress from Goddard. He said Green Lantern changed their market focus and it had nothing to do with the City of
Shawnee.
Councilmember Roche stated he spoke with Mr. Peterson who represented Green Lantern.
He said due to their inexperience working in metropolitan areas, they elected to go back to what they do which is the big facilities on the interstates where the zoning requirements and site plans are considerably different. He mentioned that Mr. Peterson had to explain to
Green Lantern what green space meant which is very standard in any metropolitan area. He indicated that the City would probably receive a formal letter next week about this.
Councilmember Segale asked why did Mr. Morris think the City would not want that.

AUGUST 13, 2001 CITY COUNCIL MINUTES PAGE 15
DAVID MORRIS stated because the Planning Commission and the City Council did not want to bring the Green Lantern project in to Shawnee.
Councilmember Segale stated he did not think it was the best use of the land. He indicated there could be some nice restaurants and service industries go in where the shopping center is, which would make that area and the neighborhood even more valuable. He said that is what he would like to see happen there. He explained that Green Lantern came in and interrupted discussion about what they would like to see for the future of this area, not the homes of the residents. Now they have a chance to renew those discussions and something positive could come of that.
DAVID MORRIS stated they would look forward to something positive. The neighborhood is very nervous again that they will come back into the residential area. He said they would like to see a nice office complex come in. There has also been talk about the Alter Ego coming in which makes them nervous because right now they are doing motorcycle repair in their backyard, and they are leaving tires out in their space also. He indicated that he likes motorcycles, but they are loud.
Councilmember Segale stated he is interested in seeing the whole downtown Shawnee area be successful. He would like to see them focus on that area. He assured Mr. Morris that they were not going to move into the neighborhood and kick people out of their houses, which was not the intention in the first place. He said this company decided not to come to
Shawnee, which gives them a chance to reassess the situation and go for their first choice.
He indicated that he is ready to work, with whomever, to see that the City gets something there that really enhances the neighborhood.
DAVID MORRIS stated there are a number of areas all along Shawnee Mission Parkway that are vacant or opening up. He mentioned that the Sun Fresh grocery store has been sitting there not filled for a long time.
Mayor Allen stated there is an initial proposal on that project possibly to significantly enlarge the store and another large grocery store would come in and take out part of the shopping center and build a large grocery store, which would be a reshuffling of an existing grocery store in Shawnee. He said they also asked about tax incentives. The City has not in the past and will not be giving tax incentives on any type of retail use. He indicated the good news out of this is there has been initial contact to the City and working through the
Shawnee Economic Development Director Jim Martin, someone potentially is looking at that site for up to a 30,000 square foot office building on that site. The key is going to be what they are asking for ground that is zoned commercial highway and whether a developer can make that work for an office development when they typically do not pay near the square footage amount for an office development. The private market place is going to determine what happens on that. The City does want to see a quality development there.
DAVID MORRIS asked that the City let the neighbors know if there is anything they could do to help in that respect.

PAGE 16 CITY COUNCIL MINUTES AUGUST 13, 2001
Mayor Allen stated these are very initial discussions. If this plan has any merit, the City knows how sensitive that area is, and the City will go through the Council representatives and contact the neighborhood.
DAVID MORRIS stated it is good to see that there are some new tenants in that other area also.
Mayor Allen stated his understanding is that company leased all the vacant space that is in that shopping center for a call center operation.
Councilmember Goode stated as far as the future is concerned, he is going to do everything he can to make sure they have a development there that appeases the neighborhood.
Councilmember Thomas stated she is also concerned about Alter Ego cycle shop and the sound of motorcycles. She asked that the City take a good look at the noise ordinance now because with Commercial Highway zoning, they can do pretty much what they want, but if there is a noise ordinance that might make that less viable. She said she is meeting with John
Peterson an attorney from Polsinelli about helping a neighborhood association out south.
She indicated that Mr. Morris should contact John Peterson to tell him that he supports the kind of quality projects that they are talking about, the offices and sit-down restaurants.
DAVID MORRIS stated he has been in contact with the Vice President of Green Lantern who still owns the property.
Mayor Allen stated that property has been vacant way too long and it is time to get a good quality development there. The City is willing to do anything to assist that because they would like to get that resolved and have a nice quality project that everyone can be proud of.
STAFF ITEMS
14. CONSIDER APPROVAL OF AN ORDINANCE TO AMEND PROVISIONS OF THE
SHAWNEE MUNICIPAL CODE TO RENAME AND RECOGNIZE ANIMAL
CONTROL OFFICERS AS COMMUNITY SERVICE OFFICERS.
Mayor Allen stated that the Police Chief has determined it would be to the best interest of the City to alter the responsibilities of the Animal Control Officer positions. Consequently, those positions have been reclassified as Community Service Officers and have duties other than animal control duties. Legal Counsel has prepared an ordinance to make the necessary changes to the Shawnee Municipal Code. The ordinance also clarifies issues relating to access to private property.
Councilmember Roche, seconded by Councilmember Segale, moved to pass an ordinance amending existing provisions of the Shawnee Municipal Code to rename and recognize
Animal Control Officers as Community Service Officers. The motion carried 7-0. Having passed, Ordinance 2567 was assigned.
15. CONSIDER APPROVAL OF AN ORDINANCE TO AMEND TITLE SIX OF THE
SHAWNEE MUNICIPAL CODE BY ADDING SECTION 6.20.015, APPEALS,

AUGUST 13, 2001 CITY COUNCIL MINUTES PAGE 17
ADMINISTRATIVE HEARING, TO ADD PROVISIONS FOR JUDICIAL REVIEW
OF ADMINISTRATIVE ACTIONS OF COMMUNITY SERVICE OFFICERS.
Mayor Allen stated Shawnee’s existing ordinances allow Community Service Officers to seize and impound animals deemed to be a public nuisance, abandoned or dangerous. Legal
Counsel has recommended an ordinance, which provides for an administrative or judicial review of the action taken by the officer.
Councilmember Goode, seconded by Councilmember Roche, moved to pass an ordinance amending Title Six of the Shawnee Municipal Code to add provisions for judicial review of administrative actions of Community Service Officers. The motion carried 7-0. Having passed, Ordinance 2568 was assigned.
16. CONSIDER BIDS FOR VACUUM TYPE STREET SWEEPER.
Mayor Allen stated that bids were received on July 10, 2001.
Councilmember Roche, seconded by Councilmember Segale, moved to award the bid to
Key Equipment & Supply, Kansas City, Kansas, in the amount of $134,995, for a vacuum type street sweeper. The motion carried 7-0.
17. CONSIDER THE UTILITY RELOCATION AGREEMENT BETWEEN THE CITY
AND CONOCO PIPELINE COMPANY FOR THE WOODLAND DRIVE
RECONSTRUCTION – BETWEEN 47TH STREET AND SHAWNEE MISSION
PARKWAY, P.N. 3254.
Mayor Allen stated that the reconstruction of Woodland Drive would require the relocation of an existing 8” water line within the project. This section of water line is within a private easement and the City is required to pay for necessary relocations that are not within the existing City right-of-way.
Councilmember Segale, seconded by Councilmember Carlson, moved to authorize the
Mayor to sign the utility relocation agreement between the City of Shawnee and Conoco
Pipeline Company for the Woodland Drive reconstruction between 47 th
Street and Shawnee
Mission Parkway, P.N. 3254, with the construction cost estimated at $30,000, and the total expenditure budget is $50,000. The motion carried 7-0.
APPOINTMENTS
18. CONSIDER REAPPOINTMENT TO THE PARKS AND RECREATION ADVISORY
BOARD.
Mayor Allen stated that Councilmember Carlson recommended the reappointment of Elaine
Copp to the Parks and Recreation Advisory Board with a term expiring on December 31,
2002.

PAGE 18 CITY COUNCIL MINUTES AUGUST 13, 2001
Councilmember Carlson, seconded by Councilmember Segale, moved to reappoint Elaine
Copp to the Parks and Recreation Advisory Board with a term expiring on December 31,
2002. The motion carried 7-0.
MISCELLANEOUS ITEMS
19. CONSIDER APPROVAL OF SEMI-MONTHLY CLAIM FOR AUGUST 13, 2001, IN
THE AMOUNT OF $3,241,924.87.
Councilmember Segale, seconded by Councilmember Goode, moved to approve the semimonthly claim for August 13, 2001, in the amount of $3,241,924.87. The motion carried 6-
0-1, with Councilmembers Carlson, Segale, Goode, Meyers, McGuff, and Thomas voting aye, and Councilmember Roche abstaining.
20. MISCELLANEOUS COUNCIL ITEMS. a) Location of the September 17, 2001 Planning Commission meeting and the October
8, 2001 City Council meeting regarding the Deffenbaugh Expansion.
Councilmember Meyers requested that Mayor Allen and staff be proactive for the upcoming meetings that are going to involve the Deffenbaugh expansion by looking into alternative meeting sites. He said he is afraid the City Council Chambers will not be large enough to handle the type of response that he thinks they are going to have from residents throughout the City. He suggested that staff check into the Mill
Creek High School auditorium or the Shawnee Mission Northwest High School auditorium.
City Manager Montague stated when the City has done this in the past, it is very difficult to move the meeting to another location and present the information to the public. He said in the past they had a meeting at Shawnee Mission Northwest High
School when they had expected large crowds and, in many cases, those crowds did not develop. He was thinking primarily of the annexation hearings. He indicated it is very difficult for staff to present in those environments because they are not set up for presentations. He said it also creates problems with hearing.
Councilmember Meyers stated that he would like the meetings to be in the City
Council Chambers because it is where they all feel the most comfortable. He said he has had unprecedented response to this item already and the item will not even be discussed until the September 17, 2001 Planning Commission meeting and the
October 8, 2001 City Council meeting. He mentioned that the City Council has in the past been presented with issues where the Chambers could not hold the number of people.
Councilmember Goode stated since he has been a Councilmember he was involved in one meeting where people filled up the school auditorium at a Shawnee Mission school and that item related to the dog track.

AUGUST 13, 2001 CITY COUNCIL MINUTES PAGE 19
Mayor Allen stated that staff would check on dates and audio visual with the locations that Councilmember Meyers recommended. He mentioned that there is a theatre at Shawnee Mission Northwest High School that can seat a considerable amount of people that they could look into. He said he agreed that an auditorium looses a lot of the hearing ability. b) Sign Ordinance - Payless Cashways Going Out Of Business Sale.
Councilmember Thomas asked staff to be diligent in enforcing the sign ordinance.
She said she would like to register her displeasure at the misleading going out of business sale that Payless Cashways is conducting. The final day of this sale will be
September 30, 2001, and until then, Payless Cashways is not really going out of business, they have new merchandise arriving daily, which will be cheaper and cheaper quality to the point where by the last week they will be bringing in the 30 second screwdriver made in Hong Kong and of course there are no refunds, exchanges, or returns. She mentioned that Payless Cashways has hired intimidating independent contractors who claim they are above the law and do not have to follow the City’s sign ordinance which is not true. She urged staff to enforce the City’s sign ordinance.
Mayor Allen stated the same type of signage was being displayed at two locations in
Overland Park.
Councilmember Thomas mentioned that a person is allowed to hold signs, but maybe the public needs to know that those are homeless people. She said there is an expectation in Shawnee that it is safe to leave your purse out and your car unlocked and you don’t know if there is a whole cadre of workers there who might be inclined to look for some spare cash.
Councilmember Carlson asked if the sign ordinance reads that it has to be 10 feet from the curb.
City Manager Montague explained that applies to the political signs.
Councilmember Carlson asked if that does not apply to these guys.
City Manager Montague answered no. He said these signs are not lawful and
Planning Director Chaffee has picked up numerous signs over the weekend, which there seems to be an unlimited supply of. He noted that staff has contacted Payless
Cashways. The City can notify them again and then they would be served with a complaint if they did it again this weekend.
Councilmember Carlson stated he agreed with Councilmember Thomas especially when the guys holding the signs wander into the streets.
19A. CONSIDER ALLOWING SHAWNEE MISSION NORTHWEST FOOTBALL TEAM
TO PAINT COUGAR PAWS ON STREET.

PAGE 20 CITY COUNCIL MINUTES AUGUST 13, 2001
Mayor Allen stated that the City has received a request from Coach Diebold to allow the
Shawnee Mission Northwest football team to paint Cougar paws on 67th Street between
Pflumm and Quivira Road.
Councilmember Meyers stated this idea is great for school pride. He said the paint would be substantial and not something that would wash away in a rain. He indicated the school he teaches at has hawks in the driveway and parking lot of the school. He noted that if they start putting things out in the street, they would be asking for trouble. It would only take one of many kids from different schools to find out that those Cougar paws were in the street which could cause problems with other types of paint going on top of the paw.
Councilmember Carlson stated he believed defacing public property would be a violation of the Uniform Public Offense code also.
Councilmember Segale recommended that they look into using chalk that washes off instead of paint for the Cougar paws.
Councilmember Thomas mentioned that bike riders find that when paint is put on street surfaces, it makes it slick and dangerous.
Councilmember Segale, seconded by Councilmember Thomas, moved to deny the request to allow the Shawnee Mission Northwest football team to paint Cougar paws on 67th Street between Pflumm and Quivira Road. The motion carried 7-0.
21. CONDUCT EXECUTIVE SESSION TO DISCUSS POSSIBLE LAND
ACQUISITION.
Mayor Allen stated there was a request to table the executive session until the August 27,
2001 City Council meeting, for the purpose of discussing a possible land acquisition.
ADJOURNMENT
Councilmember Goode, seconded by Councilmember Thomas, moved to adjourn. The motion carried 7-0, and the meeting adjourned at 8:52 p.m.
_______________________________
Sonya Fendorf
Recording Secretary