Minutes

Type of Minutes: City Council
Date & Time: 10/27/2003

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CITY COUNCIL MEETING
MINUTES
OCTOBER 27, 2003
7:30 P.M.

Mayor Allen called the meeting to order at 7:32 p.m. in the Shawnee City Hall Council Chambers. He welcomed the public and all stood and recited the Pledge of Allegiance, followed by a moment of silence.

Councilmembers Present	Staff Present
Councilmember Pflumm	City Manager Montague
Councilmember Sawyer	Assistant City Manager Gonzales
Councilmember Goode	Attorney Ellis Rainey
Councilmember Meyers	Finance Director Meyer
Councilmember McGuff	Public Works Director Freyermuth
Councilmember Thomas	Parks and Recreation Director Holman
Councilmember Newby	City Engineer Wesselschmidt
Councilmember Segale	Police Chief Clark
	Fire Chief Hudson
	Planning Director Chaffee
	Traffic Engineer Sherfy

Members of the public who spoke: Item 10b – DEAN DAVISON, 6610 Earnshaw; Item 10b - JUDY KIRKPATRICK, 6609 Earnshaw; Item 10b - JEANETTE DAVISON, 6610 Earnshaw; Item 10b - SUSAN THOMPSON, 11905 W. 66th Street.

CONSENT AGENDA

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

2. REVIEW MINUTES FROM THE PUBLIC WORKS AND SAFETY COMMITTEE MEETING OF OCTOBER 21, 2003.

3. REVIEW MINUTES FROM THE PLANNING COMMISSION MEETING OF OCTOBER 6, 2003.

4. REVIEW MINUTES FROM THE BOARD OF ZONING APPEALS MEETING OF SEPTEMBER 18, 2003.

5. CONSIDER CHANGE ORDER NO. 1 AND FINAL FOR THE 70TH AND LARSEN STORM DRAINAGE IMPROVEMENT.

The contract was awarded to Holiday Contracting, Inc., Mission, Kansas, on April 28, 2003, in the amount of $14,766.50. This change order reflects a net increase of $1,860.68. The new contract amount for this project is $16,627.18.

6. CONSIDER CHANGE ORDER NO. 2 FOR THE 55TH STREET RECONSTRUCTION, FROM ROSEHILL TO QUIVIRA ROAD, P.N. 3286.

The contract was awarded to William White & Sons Construction Co., Inc., Kansas City, Kansas, on September 16, 2003, in the amount of $1,352,245.35. This change order reflects a net decrease of $83,871.52. The new contract amount for this project, after a previous change order, is $1,280,625.43.

7. CONSIDER AGREEMENT WITH O’DONNELL & SONS REGARDING USAGE OF PROPERTY AT 59TH TERRACE AND RENNER ROAD.

Councilmember Sawyer, seconded by Councilmember Segale,

moved to approve the entire consent agenda.

The motion carried 8-0.

MAYOR’S ITEMS

There were no Mayor’s items.

PUBLIC ITEMS

8. CONDUCT A PUBLIC HEARING TO CONSIDER DISBURSEMENT OF THE 2003 GRANT AWARD FROM THE LOCAL LAW ENFORCEMENT BLOCK GRANT PROGRAM.

Mayor Allen stated the Council will consider approving the recommendation of the Advisory Board regarding expenditure of block grant funds. The Advisory Board recommends the money be spent to purchase a less lethal weapon system for launching gas projectiles, conversion kits for our Glock handguns that will allow the use of simunition (paint ball) rounds for realistic training, and padded training suits that will allow training in defensive tactics. The grant award amount is $17,658 and the required cash match is $1,962.

Councilmember Goode, seconded by Councilmember Sawyer,

moved to conduct a public hearing to consider disbursement of the 2003 grant award from the local law enforcement block grant program.

The motion carried 8-0.

Councilmember Goode, seconded by Councilmember Segale,

moved to conclude the public hearing.

The motion carried 8-0.

Councilmember Goode, seconded by Councilmember Segale,

moved to approve the disbursement of the 2003 grant award from the local law enforcement block grant program.

The motion carried 8-0.

9. CONDUCT A PUBLIC HEARING TO CONSIDER THE 2004 CDBG ENTITLEMENT GRANT.

Mayor Allen stated staff has had discussions with HUD regarding the City becoming an entitlement community which would involve submitting a grant application directly to HUD. The latest estimate on the entitlement to be received is $260,000 per year. In order to be eligible, the City Council must approve an annual plan and consolidated plan, and adopt a resolution authorizing the Mayor to sign the application.

Councilmember Sawyer, seconded by Councilmember Segale,

moved to conduct a public hearing to consider the 2004 CDBG entitlement grant.

The motion carried 8-0.

Councilmember Segale asked how much additional money this would be per year to the City, on average.

Planning Director Chaffee answered it will be $60,000 this year and next year the City would not be eligible under the County’s program, so it will mean $260,000 to the City. He stated over a two year period, the City will be receiving $320,000, in addition to what they could have received under the County’s program.

Councilmember Segale asked if the City then takes $24,000 out for the other programs.

Planning Director Chaffee answered correct.

Councilmember Thomas stated this is because the City went over 50,000 in population.

Planning Director Chaffee stated there is one correction to the memo in the packet (Page 17). He stated the YMCA After School Care is really the $13,000 allotment and Johnson County Parks and Recreation Summer Camps should be the $5,000. These two numbers were switched.

Councilmember Goode, seconded by Councilmember Sawyer,

moved to conclude the public hearing.

The motion carried 8-0.

Councilmember Segale, seconded by Councilmember Sawyer,

moved to adopt a resolution authorizing the Mayor to sign the application to approve the annual and consolidated plans for the 2004 CDBG entitlement grant, to become an entitlement community in association with HUD and to become eligible to receive $260,000 per year.

The motion carried 8-0.

Having passed, Resolution 1391 was assigned.

10. CONSIDER THE FOLLOWING ITEMS FROM THE PLANNING COMMISSION MEETING OF OCTOBER 6, 2003.

a) Consider FP-41-03-10, the final plat of Cypress Point Villas, 3rd Plat, for two lots in the 7200 block of Legler.

Mayor Allen stated the Planning Commission recommended 10-0 that the Council accept the dedications on FP-41-03-10.

Councilmember Newby, seconded by Councilmember Goode,

moved to accept the dedications on FP-41-03-10, the final plat of Cypress Point Villas, 3rd Plat, for two lots in the 7200 block of Legler, subject to the Planning Commission’s recommendations listed in the October 27, 2003 staff report.

The motion carried 8-0.

b) Consider SUP-7-03-10, a request from Susan Thompson for a special use permit to allow the operation of A Place Like Home daycare, for a home day care for up to twelve (12) children in the PD (Planned Development) zoning district at 11900 West 66th Street.

Mayor Allen stated the Planning Commission recommended 10-0 that the Council approve SUP-7-03-10.

DEAN DAVISON, 6610 Earnshaw, President, Tanglewood Homes Association, presented a map of the area to the Council and stated it is a short cul-de-sac. He stated in over a one year period, this will add another 3,000 cars on that cul-de-sac, which deteriorates the streets, which are private, as discussed previously with the Council. He read an excerpt from the declarations of the homes association, which was presented at the Planning Commission at the October 6, 2003 meeting, which read

no noxious or offensive trade or activities shall be carried within any single family dwelling or townhouse, neither shall there be any which may become an annoyance and nuisance to the neighborhood.

He continued that with 3,000 more cars in that area, it will become an annoyance and a nuisance. He stated he picked up something off of the City’s web site that says the City requests the individual to contact their homes association directly before making changes to their homes, starting a new business, or any other restrictions. He stated the homes association was never notified 2 ½ years ago when this daycare center was started. He stated the Thompsons bought in Tanglewood Estates with the assumption that they would abide by the homes association’s declarations and by-laws. He stated the declarations are filed at the State of Kansas because Tanglewood is a non-profit organization. He stated the declarations are also filed with the Register of Deeds at the Johnson County courthouse.

DEAN DAVISON stated that if a lawsuit would ever come to this daycare center and the City approves this special permit, then the homes association feels the City would be liable for any lawsuit and not the homes association.

Mayor Allen stated he would defer to City Attorney Rainey, but he is not aware that the City would be liable for any operation in Tanglewood. He stated this special permit would approve the Thompsons to operate a daycare.

DEAN DAVISON stated when the homes association was talking with the City about the streets a few months ago, they were told that the City could not come on any private land and do any work, but the City is going to allow a daycare center on private land through their approval.

City Attorney Rainey stated the action of this Governing Body in allowing or disallowing the special use permit does not have any effect on the declarations, restrictions, or requirements of the Tanglewood Homes Association, nor does the homes association affect the decision to be made by the Governing Body, and it does not control or bind it. He stated the City’s zoning authority does apply on private property, just as the City allows the townhomes and the single family residences in the area. He stated the Governing Body can, by the special use permit process, allow this use of the property. He stated the question of whether the homes association’s deed restrictions or declarations would permit or not permit that use, is an entirely separate question and not one that the Governing Body addresses by this action.

Councilmember Newby stated it would seem that the City’s special use permit approval would simply say that it is lawful for the resident to operate a home daycare center. He stated if the homes association were then to determine that it is against their covenants, they could take action to stop that. He asked City Attorney Rainey if that was correct. He stated that all the Council is saying is that it is legal to operate this daycare center, but it still could be a matter that is disputed and resolved between the homes association and the person operating the daycare center.

City Attorney Rainey answered that is correct. He stated the City can not say if it is in violation of the homes association declarations or restrictions. He stated they can only say that this operation would not violate any City ordinance if it is approved.

Councilmember Pflumm stated the City’s special use permit is only based on the number of kids, that being 12 in this instance. He stated if it were a lesser amount of kids, the Council would not even vote on it.

DEAN DAVISON stated it is his understanding that even though they have fewer kids than 12, they are still supposed to be licensed in the City of Shawnee.

Councilmember Goode asked if the Thompsons are licensed.

Mayor Allen answered they are licensed with the State of Kansas.

Planning Director Chaffee stated the Thompson’s currently have an occupational license to operate the daycare, but not for 12 children. He stated they have to obtain the special use permit to care for 12 children. He stated that in addition to the Thompson’s having a license with the State of Kansas, they have also been inspected and the license gives them the opportunity to have up to 12 children. He stated the Fire Department has done their fire safety inspection and all of these things were completed prior to this issue coming to the Planning Commission.

JUDY KIRKPATRICK, 6609 Earnshaw, stated she lives on a different cul-de-sac, than the Thompsons, in Tanglewood. She stated her cul-de-sac is not as tight. She stated she can not imagine that the Fire Department could have ever approved that street for this additional kind of traffic. She stated in normal, everyday usage, sometimes around the little island in the middle of this cul-de-sac, there will be four cars taking up the space completely. She stated that sometimes there is not enough room for a fire truck to come down into that area, if there were ever a reason. She stated it would be impossible, at times, on her cul-de-sac without the Fire Department having to possibly run through yards and, hopefully, there would not be any cars in the driveways at that time so the trucks could get to the hydrants. She stated on the Thompson’s cul-de-sac, it is even a tighter area and she believes it is an extreme hazard. She stated she has been told that Mr. Thompson is a fireman. She stated she does not know if that had something to do with this getting approved.

Mayor Allen stated he does not know the individual and does not know if Mr. Thompson is an employee of the Fire Department.

JUDY KIRKPATRICK stated that the Thompson’s yard consists of about five feet on the street and their double driveway and that is the extent available for people to come to their house and park. She stated very frequently both of their vehicles are parked in the driveway, so that leaves four places around the island for additional cars to park to leave their children. She stated this is a very strange situation.

Councilmember Segale stated the Thompsons have a daycare operation now with 6 children. He asked Ms. Kirkpatrick if that was a problem with the homes association.

JUDY KIRKPATRICK stated their existing daycare operation is something the homes association would not be able to fight as long as they did not cause any real problems.

Councilmember Segale stated, as he understands it, the Tanglewood Homes Associations deed restrictions do not allow someone to have a business in their house.

JUDY KIRKPATRICK stated there are businesses within Tanglewood that are low volume, quiet, and cause no problems with their neighbors. She stated no one has a problem with the Avon lady, the Tupperware lady, or maybe a lawyer.

Councilmember Segale stated the homes association is not opposed to the 6 children the Thompsons have now, but are opposed to the addition of 6 children. He stated the neighbor, Mrs. Woodburn, is not opposed to the addition of 6 children.

JUDY KIRKPATRICK stated when talking with Mrs. Woodburn, her she is very concerned about this.

Councilmember Segale stated it is his understanding that if there are issues with this situation, this can be called up and revoked by the City at any time.

Planning Director Chaffee answered it can be called up at any time for cause and is also subject to an automatic review in one year.

Councilmember Segale asked what kind of cause is there.

Planning Director Chaffee answered if the City can justify this daycare is a nuisance or that there are traffic problems with the people dropping off or picking up their children, or parking their cars for an hour in front of the house; things of that nature. He stated the staff would go out and verify on complaint.

Councilmember Segale asked if there were other types of these businesses within the City on cul-de-sacs.

Planning Director Chaffee answered there are numerous home daycares and there are some on cul-de-sacs.

JUDY KIRKPATRICK stated not like this cul-de-sac. She stated the Council should take a drive by this area and look at it sometime.

Councilmember Segale stated the Tanglewood Homes Association is not going to, even though in the deed restrictions this business would not really be allowed, fine it through the courts.

JUDY KIRKPATRICK stated she can not speak for that. She stated a lot of the homes association members will be out at that location taking polaroids. She stated there is not much they can do besides that.

Councilmember Segale asked Ms. Kirkpatrick if her issue is that the street is too narrow to accommodate the addition of six more children, even if it resulted in 2 or 3 more cars a day in the morning and evening.

JUDY KIRKPATRICK stated it is possible that it would be like that sometimes. She stated it is possible all the additional cars would arrive at staggered times.

Councilmember Segale stated in his reading of the minutes of the Planning Commission, that was the way this daycare operates now and there is usually not a big jam up of cars right now.

JUDY KIRKPATRICK stated she hopes not, because that also is imposing a restriction on the Thompson’s neighbors, with their extra cars in that little cul-de-sac. She stated she does not think this is a very fair restriction to make upon their neighbors.

Mayor Allen stated he wanted to follow up with Fire Chief Hudson on two points that were made. He asked Fire Chief Hudson if Mr. Thompson was an employee of the Fire Department.

Fire Chief Hudson answered he does not recognize that name as a paid or volunteer fireman with the City of Shawnee.

Mayor Allen asked Fire Chief Hudson if he was familiar with this location.

Fire Chief Hudson stated he is fairly familiar with this location just from being in those neighborhoods for so many years. He stated on July 7, 2003, the Shawnee Fire Prevention Officer performed an inspection at the Thompson’s house and everything, at that time, seemed to be in good order. He stated the Fire Department does know with the streets in Tanglewood that at times, whether it is daycare or a party, there are a lot of cars on the streets, because of the nature of the cul-de-sacs. He stated the Fire Department is prepared to deal with those situations.

Mayor Allen stated he knows the Fire Department has the capability with the equipment on the front of the fire trucks to actually move vehicles if there is an emergency.

Fire Chief Hudson stated that is correct and there are also hand lines extended off the apparatus which are very long, just in case they get into those types of situations.

JEANETTE DAVISON, 6610 Earnshaw, stated the Thompsons have four children of their own. She stated these additional children will bring in a total of six cars, not 2 or 3 more. She stated that is 12 cars coming onto the street every day. She stated at five days a week that is 60 cars or 3,000 cars a year coming in on this street and this has to be causing more maintenance of the streets that the City has refused to take. She stated the residents have to pay for the street maintenance and, yet, the Council thinks they have the right to tell the homes association that they have to allow this on Tanglewood’s private streets. She stated they very much disagree with this and feel the Council is taking advantage of them. She stated that according to Shawnee’s homes occupation regulations for a home business, all cars, the owners or any employees they might have, are to be parked in the driveway and she would assume that would also mean that any car that is coming to pick up or drop off a child should be in that driveway also, not out on the street. She stated the Thompsons do not use their garage for parking their cars because it is full of storage items. She stated these driveways are so small, only two cars can be parked on them. She stated both the Thompson’s vehicles are in the driveway, if they are both home.

Councilmember Goode asked when this business first opened and how long had the Thompsons been caring for six children.

JEANETTE DAVISON answered she does not know, but she has been told for 2 ½ years.

Councilmember Goode asked if the Thompsons have been taking care of four children or six children.

JEANETTE DAVISON answered four of their own, plus two more. She stated the license states there can not be more than 12 children, counting their own.

Mayor Allen asked Susan Thompson how long she has had a daycare operation in her current home.

SUSAN THOMPSON, 11905 W. 66th Street, answered off and on for about 2 ½ years. She stated they got all the regulations worked out and are trying to comply with everything now and have their City license and are working on this so they can take up to 12 children. She stated they currently have six children in their care; four of their own and two others.

Mayor Allen asked if this special use permit was approved, would they be going from two to eight children, in addition to their own four.

SUSAN THOMPSON answered that is correct. She stated the hope is they will not take up to eight children, because they still want to provide very personalized care for the children. She stated they have a waiting list of people who have already put deposits down, pending the Council’s approval. She stated there are five other children pending, so the daycare would only have 11 children in the house and they would not take up to 12 children. She stated two of those children are siblings, so that decreases the number of vehicles by two, if you are counting by child. She stated they have a single child coming in as well.

Councilmember Segale stated the Tanglewood Homes Association states a person can not have a business in the community. He asked how she reconciles that.

SUSAN THOMPSON stated the by-law that the homes association sent to her did not state they could not have a business. She stated it states they could not have an obnoxious or annoying business and thus far, she has operated this daycare and no one had a clue there were daycare people coming in and out of her home. She stated she would hope she would still be able to do that. She stated that if anything comes up that is an issue, to have the people please come to her and she will try to solve the problem or just make the problem go away, eliminating a child, if need be. She stated she does not want to annoy her neighbors or cause more damage to the streets or anything of that nature. She stated before this issue came up, they offered to speak with Mr. Davison and the homes association about this and were unaware that they had to notify them that they would start the daycare at 6:00 a.m. She stated she only knew about the State license to start with. She stated, in retrospect, she can not do anything now, other than to offer solutions to any problems that they have.

Councilmember McGuff asked how long the cars are at her house when they drop off and pick up the children.

SUSAN THOMPSON answered the cars are there for approximately 5 minutes in the mornings and maybe 10 minutes in the evenings. She stated she does not have any overlaps, nor does she project any overlaps having more than one car at her house at one time. She stated the scheduling of the parents, when they go to work and return, are staggered. She stated she would address the issue of her garage. She stated the garage had been a problem and vehicles were parked in the driveway, however, they have since removed the storage from their garage and now two of their vehicles are parked in the garage at this time, leaving their third vehicle and one available space in the driveway. She stated she does not expect anyone will need to park in the street, however, there are plenty of people who have more cars than their driveway can hold and there are a lot of cars parked on the street. She stated she and her husband are doing their best not to park on the street at all, because she knows it is an issue.

Councilmember Goode asked Mrs. Thompson if there were any complaints in the last 2 ½ years about the cars dropping off and picking up.

SUSAN THOMPSON answered they had one complaint in the very beginning. She stated one person’s mailbox did get blocked. She stated the homeowner of the mailbox that got blocked requested that this parent, when dropping off their child, not park there anymore and she advised all her parents to not park in front of the mailboxes because it obstructs the mailman from delivering mail.

Councilmember Goode stated he knows that it is very hard to find a good person to entrust your children to. He stated he believes it is a privilege to take your children to a good place to have a responsible person taking care of them. He stated he has some concerns about this situation and if the homes association is violently opposed to this, he wants to know why.

Councilmember McGuff, seconded by Councilmember Goode,

moved to renew special use permit SUP-7-03-10, to allow Travis and Susan Thompson to operate the “A Place Like Home” daycare, for up to twelve (12) children in the PD (Planned Development) zoning district at 11900 West 66th Street, subject to the Planning Commission’s recommendations listed in the October 27, 2003 staff report.

The motion carried 6-1-1

with Councilmembers Pflumm, Segale, Meyers, McGuff, Thomas, and Newby voting aye, Councilmember Sawyer voting nay, and Councilmember Goode abstaining.

11. CONSIDER S-294-03-10, A REQUEST FOR A SIGN VARIANCE FOR COLOR FOR THE UPS STORE AT 7457 QUIVIRA.

Mayor Allen stated the UPS Store requests the sign variance for color at 7457 Quivira Road in the Westbrooke Village Shopping Center.

Councilmember Pflumm asked if these UPS stores are owned by UPS or are they franchise stores.

Planning Director Chaffee answered they are franchise stores.

Councilmember McGuff, seconded by Councilmember Newby,

moved to approve S-294-03-10, a request for a sign variance for color at 7457 Quivira Road in the Westbrooke Village Shopping Center for The UPS Store, subject to the Planning Commission’s recommendations listed in the October 27, 2003 staff report.

The motion carried 8-0.

12. CONSIDER S-295-03-10, A REQUEST FOR A SIGN VARIANCE FOR COLOR FOR THE UPS STORE AT 15941 WEST 65TH STREET.

Mayor Allen stated the UPS Store requests the sign variance for color at 15941 West 65th Street in the Shawnee Station West Shopping Center.

Councilmember Segale, seconded by Councilmember Goode,

moved to approve S-295-03-10, a request for a sign variance for color at 15941 West 65th Street in the Shawnee Station West Shopping Center for The UPS Store, subject to the Planning Commission’s recommendations listed in the October 27, 2003 staff report.

The motion carried 8-0.

COUNCIL ITEMS

13. CONSIDER THE FOLLOWING ITEMS FROM THE PUBLIC WORKS & SAFETY COMMITTEE MEETING OF OCTOBER 21, 2003.

a) Consider a Pedestrian Crossing for Good Shepherd School on 75th Street.

Councilmember Sawyer stated the Committee recommended 4-0 that the Council approve the installation of 1,400 square feet of new sidewalk on the north side of 75th Street from approximately the western driveway to Good Shepherd school to Westgate Lane and on the north side of 75th Street from Pflumm to Hauser and the installation of a signalized crosswalk in front of the Good Shepherd School between Westgate and Bradshaw to be completed by August 2004.

Councilmember Segale stated he believes the Council is jumping to a conclusion here and it would be more prudent for the City to not pay to put the stoplight in and put a crossing guard at this location, which he believes the families want anyway, because there would actually be a person at that location to help the children cross the street in the morning. He stated the City could then see how many people are crossing at that location and if there are enough crossing, the City can then install a light. He stated the Council can put the light on the Capital Improvement Plan next year, as opposed to just circumventing the whole process that the Council usually follows in situations like this and jumping in to spend another $50,000 to install a light. He stated he believes the Council should investigate how many other streets they are potentially opening themselves up to for this same request, and think about how they will deal with those. He stated if the people on 47th Street come in from western Shawnee and request a light and the people on Monticello come in and request a light, how many lights is the City going to install and how much money are they going to spend and how will they go about prioritizing them. He asked Traffic Engineer Sherfy if he came up with a list of how many situations like this there are and where they could put in lights.

Traffic Engineer Sherfy stated he would say there are probably ten locations across the City that he could rattle off fairly quickly that have higher pedestrian volumes than the location at Good Shepherd. He stated it is very difficult to prioritize unwarranted signals. He stated there are a number of location across the City that are similar, or perhaps, in some cases, more critical with the volumes of kids versus cars.

Councilmember Segale stated his point is that the Council is potentially opening themselves up to $500,000 worth of lights and if people come before the Council requesting a light for their children, how is the Council going to say they can not install it. He stated he knows that all of the Councilmembers are trying to do good things for the community and he believes that is what is motivating them, but he also believes they are moving too hastily in this case. He stated he has gotten caught up in issues in the past where they moved too hastily and the City has spent money to try to solve problems they thought were there and there may have been better ways to solve them that would have cost less. He stated the Hocker Grove situation is a lot different, because it is a four lane street. He stated this location at Good Shepherd is a two lane street and, admittedly, it has about 6,000 cars per day, but it is still a two lane street, and he believes putting a crossing guard there and spending the $9,000 a year to employ the guard and putting in the sidewalks along Blackfish is the best thing to do at this time. He stated if the pedestrian counts are there, the Council can put this on the CIP next year and get the light installed. He stated as far as adults crossing, they can cross the crosswalk with their children going to church on Sunday or some other activity, just like people can cross the street today. He stated they can go down to the stoplight at Pflumm and cross too. He stated he does not think the stoplight is going to be the magic cure all and act as a gate to prevent cars from running people over any more than a person with a stop sign out there helping the children cross the street. He stated his plan would cost the City a lot less money and it moves with more procedure, than just giving out wishes.

Councilmember Newby stated he actually brought up the issue of a crossing guard and then he suggested that not be something the City do. He stated he thought through this issue this past week, and it is actually a three lane road in two situations. He stated there is a left hand turn lane heading east and the two lanes heading west that converge into one lane right before Good Shepherd. He stated he believes a crossing guard would provide minimal safety to the children. He stated he does not think there is any kind of in-between in this situation and they need to go all the way with the light. He stated he suggested using the Shawanoe lights, but does not know if they can. He stated he believes this is the right solution.

Councilmember Segale asked what the Council is going to do to address the concerns when someone in western Shawnee comes before them and asks that 47th Street get a light installed because this was just done for Good Shepherd. He stated the Council knows the City has contingency funds and could always fall back and spend $300,000 to $600,000 of that, but his question is how much circumvention of the process should the Council do. He stated that is what the Council is doing tonight.

Councilmember Newby stated that perhaps they are doing that and he is not disagreeing with Councilmember Segale. He stated if you look at Good Shepherd’s numbers, they were very close to the warrants from a traffic standpoint, not from pedestrians. He stated he thinks the Council all believes there are no pedestrians because of the high traffic that goes up and down that street. He stated there is also the east/west situation. He stated the situation brought up last week on Quivira is north/south. He stated if, indeed, someone from 47th Street came up and had the exact same situation and the exact same east/west, he would support doing that area as well. He stated if that meant they were circumventing it, that would mean the Council would need to step back and justify that during the budget discussions. He stated he agrees the Council is probably circumventing it, but believes there is enough here that it is probably warranted and a great thing. He stated he thought through the steps in the middle, but does not believe there is any in this case and the Council almost has to go to this extreme. He stated either they do nothing at all or go to this level. He stated Councilmember Segale’s argument would then be to not do anything at all, and he is not on that side.

Councilmember Segale stated there was a request in Ward 1 to extend a sidewalk up to a stop sign. He stated the suggestion they adopted in that case was a $300-$400 solution to put in flags. He stated he has actually stopped and talked to the kids and a few parents and they thought it was a good solution to the problem. He stated the most expensive and most elaborate solution is not always the best one in every case and believes the Council is jumping way ahead of themselves by putting in this light. He stated he is not opposed to putting a light in if there are children crossing. He asked if the motion was to put the sidewalks, light, and crossing guard in.

Councilmember Goode answered the motion does not include the crossing guard and he would not support a crossing guard.

Councilmember Segale stated that basically the City is going to put a light in. He stated he has a six-year-old and they live right next to school, but he would not want her crossing Blackfish Parkway by pushing a button and walking across in the morning. He stated, like Mrs. Baska stated last week, he would prefer to have a person there to guide his child across the street. He stated the City should put in the crossing guard first, as it is the least expensive and he believes the most effective solution, in terms of the amount of money being spent. He stated the City is spending a lot of money to remedy a situation that they do not know exists. He stated this is being done out of good intentions, but thinks the Council is jumping ahead and he has seen this happen in the past to the Council and is simply giving a word of caution not to do this. He stated there are other situations in this City where people are going to come and ask for the same thing and right now the City does not have a process to deal with that. He stated right now, the City basically says if you come and ask for it, the City will give it. He stated he does not know how the City can afford a potential $600,000 liability.

Councilmember Thomas stated some of the extenuating circumstances in this situation are that there is a lot of stress on the drivers at this location because right at that confluence, because the City did not want to widen the street to four lanes going down the hill, the drivers are distracted having to decide who is going to merge from two lanes into one. She stated that the drivers who are headed east in the mornings are going into a blinding sun, up a hill. She stated that is a situation that does not occur at all of these other locations in Shawnee. She stated Traffic Engineer Sherfy used the terms warranted or unwarranted, so she would say this does not currently meet the warrants, but she would say it is merited. She stated she and Councilmember Newby believe that there will be enough children crossing, because of the current population of Good Shepherd, plus with Shawanoe school, probably closing, they predict that a lot of the public school students will go to parochial school in her particular neighborhood, Seven Hills, and they are going to have to make their decision, based on whether this Council is going to back them up and give them a crosswalk at that location. She stated the Council compromised by saying no crossing guard, until they see how that goes.

Councilmember Thomas stated there are activities going on all the time where the kids in the neighborhood might want to cross 75th Street. She stated if Councilmember Segale wanted to talk about doing things that cost a lot of money that may not meet the City guidelines, she would like to bring up the east pool where the majority of this Council wants to spend $4.5 million on building another pool eight blocks away from the one they just built, even though it was designed and voted on by Councils in the past that when the east pool was obsolete, the City would close it. She stated Councilmember Segale can not say they are changing the rules for Seven Hills or Good Shepherd, as he is doing what he wants with millions of dollars and she and Councilmember Newby are trying to protect the children in their neighborhood.

Councilmember Segale stated he is a member of Good Shepherd. He stated he is not trying to make children have a dangerous crossing; he is trying to make it safer. He stated he does not see how a stoplight is going to block the sun and people are still going to have trouble seeing. He stated he believes it is a lot safer to have a crossing guard at that location. He stated if elementary school children are crossing a street by pushing a button without a person there to help supervise them, he fails to see how that is safer than a person with a sign.

Councilmember Sawyer stated he believes this was discussed, at length, on Tuesday, October 21, 2003 at the Public Works and Safety Committee meeting and he has difficulty with just putting in a crossing guard when there are three lanes. He stated Mrs. Baska did state they were going to have people, since this was not approved with a crossing guard, there to push the button and make sure the kids were crossing safely. He stated the Council may need to look at this in the future to determine if it does need a crossing guard. He stated the problem he has is that as Traffic Engineer Sherfy indicated, this location is very close on traffic in making the warrant for the light. He stated he does not believe, in this particular location, the City should just stick a crossing guard out there. He stated if they were to only put a crossing guard at this location and it does not work, then the City is another 6-8 months out from solving the problem.

Councilmember Meyers stated one of the items that Mrs. Baska brought up, and it is his understanding and belief, was that the PTA would seriously be recommending and providing some type of crosswalk person for the school children, once this light was installed. He stated he thought that was mentioned at the Public Works meeting on October 21, 2003 and thinks that would be a common sense approach for Good Shepherd to provide personnel to help out in that situation, just as St. Joseph and some other schools provide parents to help with traffic directing and drop offs for children. He stated he agrees with Councilmember Segale that the Council needs to be ready for other situations to arise throughout the City for requests for crossing lights. He stated he agrees with Councilmember Thomas and Councilmember Newby that this situation is warranted, and anytime the City can provide safety and service to residents, as requested, it is the Council’s duty to try to make that happen, if at all possible. He stated it seems this is a situation where the Council feels they can provide that. He stated he agrees with Councilmember Sawyer that this was discussed in length and that the Council felt that if they were going to have a crosswalk at all, there needed to be the light involved, or it could possibly create more of a dangerous situation.

Councilmember Segale stated that since he has been on the Council, process has been his middle name to make things fair for the people.

Councilmember Meyers stated in many situations he has dealt with, not only on this Council, but on other committees he has served on, there are unique situations that arise and he believes this is one of those situations that warrants the action to be done by Council at this time.

Councilmember Segale stated as far as the parents crossing, that is a great intention, but as he heard from what was going on at Broken Arrow, people decided not to do that because of liability concerns. He stated he thinks the same issue is going to come up here with people crossing kids in the road. He stated there may be people asking if someone gets run over, what their liability is. He stated he believes that is going to arise and there is going to be a need for a crossing guard at that location.

Councilmember Goode stated he is going to commit to spending this money, because he believes what the City will be creating a much safer environment.

Councilmember Sawyer, seconded by Councilmember Thomas,

moved to approve the installation of 1,400 square feet of new sidewalk on the north side of 75th Street, from approximately the western driveway to Good Shepherd school to Westgate Lane and on the north side of 75th Street from Pflumm to Hauser and the installation of a signalized crosswalk in front of the Good Shepherd School between Westgate and Bradshaw to be completed by August 2004.

The motion carried 7-0-1,

with Councilmembers Pflumm, Sawyer, Goode, Meyers, McGuff, Thomas and Newby voting aye, and Councilmember Segale abstaining.

b) Consider the Adoption of a Policy Statement Pertaining to the Downtown Incentives Program.

Councilmember Sawyer stated the Committee recommended 4-0 that the Council approve the policy statement pertaining to the Downtown Incentives Programs.

Councilmember Sawyer, seconded by Councilmember Pflumm,

moved to approve Policy Statement 47, pertaining to the Downtown Incentives Programs including a grant program and a loan program; and, that Council approve a one time exception to the grant program which would provide that the first three applications received after 8:00 a.m. on December 1, 2003, which meet the eligibility requirements of the program, and the additional requirements of being located in the Pedestrian Zone and completing their project before July 1st, 2004, be eligible for a $5,000 grant if their expenses totaled at least $10,000 or more.

The motion carried 8-0.

c) Consider the Establishment of Excise Tax Credits for the Improvement of Clear Creek Parkway for the Development of the Clearing at Clear Creek.

Councilmember Sawyer stated the Committee recommended 4-0 that the Council approve staff’s recommendation that the City acknowledge the segment of Clear Creek Parkway between Monticello Road and Woodland Drive, which should have retained its previous classification as a major collector until after the entire roadway was constructed; and after the developer of the Clearing at Clear Creek obtains a public improvement permit for the construction of Clear Creek Parkway, the City will return the excise tax ($121,168.60) previously paid by the developer for the two final plats; and prior to recording the two final plats for The Hills of Forest Creek, that the developer will be required to pay the full amount of the excise tax for each plat without receiving a credit ($170,196.80) for the construction of Clear Creek Parkway; and upon receiving the required excise tax for the two final plats for The Hills of Forest Creek, the City will reimburse the developer of The Clearing at Clear Creek the prorated share of the eligible credit of $170,196.80 for having built the roadway.

Councilmember Segale, seconded by Councilmember Pflumm,

moved to approve that the City acknowledge the segment of Clear Creek Parkway between Monticello Road and Woodland Drive, which should have retained its previous classification as a major collector until after the entire roadway was constructed; and after the developer of the Clearing at Clear Creek obtains a public improvement permit for the construction of Clear Creek Parkway, the City will return the excise tax ($121,168.60) previously paid by the developer for the two final plats; and prior to recording the two final plats for The Hills of Forest Creek, that the developer will be required to pay the full amount of the excise tax for each plat without receiving a credit ($170,196.80) for the construction of Clear Creek Parkway; and upon receiving the required excise tax for the two final plats for The Hills of Forest Creek, the City will reimburse the developer of The Clearing at Clear Creek the prorated share of the eligible credit of $170,196.80 for having built the roadway.

The motion carried 8-0.

d) Consider Caenen Castle Variance Request.

Councilmember Sawyer stated the Committee recommended 4-0 that the Council approve that a variance be granted on behalf of Caenen Castle, LLC, to allow a non-residential driveway to be built on the Caenen Street at Johnson Drive at a 90 foot setback.

Councilmember Sawyer, seconded by Councilmember Pflumm,

moved to approve a variance be granted on behalf of Caenen Castle, LLC, to allow a non-residential driveway to be built on the Caenen Street at Johnson Drive at a 90 foot setback.

The motion carried 8-0.

e) Consider Ward Bou

ndary Changes.

Councilmember Sawyer stated the Committee recommended 4-0 that the Council pass an ordinance setting out, amending and defining the Ward boundaries and amending Sections 1.12.020 and 1.12.030 of the Shawnee Municipal Code, moving the northern portion of Precinct 2-5 to Ward 1.

Councilmember Thomas stated she would like to offer an alternative motion that instead the Council do area #1 in the green (as shown on the ward boundary outline). She stated she gave this a lot of thought this week and was confused, because originally Councilmember Sawyer had told her he was supporting the green area. She stated in a Rubix Cube when you move one little square, you start to set a precedence. She stated she believes Wards 1 and 2 both need to be strong wards that support the older parts of Shawnee and if Ward 1 starts moving out west, they are land locking the only possibilities for expansion of Ward 2 eventually and it will have to be to the south, but will diffuse support for the older parts of town and have Ward 1 moving more and more to the west populated with people who have no sense of the history of Shawnee and no commitment to the older parts of the City. She stated she would prefer this motion be defeated and consider prudently that the Council goes for the green area.

Councilmember Segale stated he was not opposed to the original design and is not opposed to the recommendation of the Committee and supports that as a Ward 1 representative.

Councilmember Sawyer, seconded by Councilmember Goode,

moved to pass an ordinance setting out, amending and defining the Ward boundaries and amending Sections 1.12.020 and 1.12.030 of the Shawnee Municipal Code, moving the northern portion of Precinct 2-5 to Ward 1.

The motion carried 7-1,

with Councilmembers Pflumm, Segale, Sawyer, Goode, Meyers, McGuff, and Newby voting aye, and Councilmember Thomas voting nay. Having passed, Ordinance 2688 was assigned.

BUSINESS FROM THE FLOOR

There was no business from the floor.

STAFF ITEMS

14. CONSIDER CIVIL SERVICE AND THE POLICE DEPARTMENT HIRING PROCESS.

Mayor Allen stated the staff would like the Council to consider modification to the ordinance setting out the role of the Civil Service, removing the board from the police officer hiring process. The initial Civil Service ordinance was adopted prior to the organization having professional human resources staff.

Councilmember Newby, seconded by Councilmember Goode,

moved to approve a modification to the ordinance amending Chapter 2.48.020 of the Civil Service Commission by removing the board from the police officer hiring process.

The motion carried 8-0.

Having passed, Ordinance 2689 was assigned.

15. CONSIDER PRELIMINARY PLANS FOR 67TH AND LONG INTERSECTION IMPROVEMENTS, P.N. 3300.

Councilmember Segale asked if the stoplight was the cross light at Benninghoven and if it was going to be removed as a result of this.

Public Works Director Freyermuth stated there will not be any removal of the one at Caenen and 67th Street. He stated the two will operate together.

Councilmember Pflumm asked if they will be linked.

Public Works Director Freyermuth answered that to begin with, they will probably not be linked, because the 67th and Caenen light is a Kansas City Power and Light owned and leased facility to the City and the one at 67th and Long will be a City owned facility, so there probably will not be a direct fiber optic cable link. He stated the staff will do what they can to coordinate the two so they will work together. He stated at some point in the future, these will probably be linked if the City ends up buying out the one from KCP&L.

Councilmember Pflumm asked if there had been many accidents at 67th and Long.

Public Works Director Freyermuth answered yes. He stated, as he recalls, the warrant is not due to accidents. He stated the warrant for the signal is by the peak hour volumes during the a.m. period, but there have been approximately 15 accidents in a 3-year period. He stated most of the accidents have been fairly minor.

Councilmember Thomas stated one of the things she noticed at that intersection is there is a stop sign that people can not see because of a redbud tree. She stated since the City is putting a light there, that should make that problem go away. She asked if the City should trim the tree by the stop sign, because it is crazy to have a stop sign you can not see.

Public Works Director Freyermuth answered that trimming the tree is what is done for signs that are blocked. He stated requests come in often to have trees trimmed and City crews will do the trimming to get the sign where it is visible and then a notice will be given to the property owners, to trim the tree further if they would like to prune it more appropriately.

Mayor Allen asked Public Works Director Freyermuth to make a note about that redbud tree.

Councilmember Sawyer, seconded by Councilmember Newby,

moved to approve the preliminary plans from George Butler & Associates for the 67th and Long intersection improvements, P.N. 3300, with a total estimated cost of $559,651, with the total budget for this project at $500,000, to be paid with $137,000 of CARS funding, and $422,651 through General Obligation Bonds.

The motion carried 8-0.

16. CONSIDER PRELIMINARY PLANS FOR THE 83RD STREET IMPROVEMENTS, FROM K-7 HIGHWAY TO GLEASON ROAD, P.N. 3295.

Councilmember Segale, seconded by Councilmember McGuff,

moved to approve the preliminary plans from Bucher, Willis & Ratliff, for the 83rd Street improvements from K-7 Highway to Gleason Road, P.N. 3295, for a total of $1,300,000, with the total estimated cost of the project at $2,000,000, to be paid with General Obligation Bonds and partially through an inter-local agreement with the City of Lenexa for approximately $200,000.

The motion carried 8-0.

17. CONSIDER FINAL DESIGN FOR THE HOCKER GROVE PEDESTRIAN SIGNAL.

Mayor Allen stated that George Butler & Associates (GBA) have submitted a proposal for the final design for this project. Staff and the consultant have located and agreed upon two possible locations for the signal, each with its own design fee and different construction estimates. Location One is in line with the western property line of the school. Location Two is half-way between the two main driveways to the school. Staff recommends Location Two with a design fee of $11,050.

Councilmember Sawyer, seconded by Councilmember Goode,

moved to approve the final design for the Hocker Grove pedestrian signal, submitted by George Butler & Associates, Location Two that is half-way between the two main driveways to the school, with a design fee of $11,050.

The motion carried 8-0.

18. CONSIDER APPROVAL OF A PROFESSIONAL SERVICES CONTRACT TO PROVIDE ENGINEERING DESIGN, BIDDING AND CONSTRUCTION SERVICES FOR STORM DRAINAGE IMPROVEMENTS IN THE AREA BETWEEN MANSFIELD TO SWITZER AND 50TH STREET TO 52ND TERRACE, P.N. 3271.

Mayor Allen stated the City has negotiated a contract with Olsson Associates Consulting Engineers to provide these services in accordance with the Preliminary Engineering Study (PES) approved by the Council on November 27, 2000, addressing reoccurring flooding problems in that area.

Councilmember Segale, seconded by Councilmember Goode,

moved to authorize the Mayor to sign a professional services contract with Olsson Associates Consulting Engineers to provide engineering design, bidding and construction services for storm drainage improvements in the area between Mansfield to Switzer and 50th Street to 52nd Terrace, P.N. 3271, with the contract providing for compensation to be paid on an hourly basis not to exceed $337,341, with the total estimated cost of the project at $2,200,000, with Johnson County Stormwater Management program pay 75% of the eligible cost, which would be approximately $1,475,000, and the City’s portion would be approximately $725,000.

The motion carried 8-0.

MISCELLANEOUS ITEMS

19. CONSIDER APPROVAL OF SEMI-MONTHLY CLAIM FOR OCTOBER 27, 2003, IN THE AMOUNT OF $2,472,338.70.

Councilmember Goode, seconded by Councilmember Segale,

moved to approve the semi-monthly claim for October 27, 2003, in the amount of $2,472,338.70.

The motion carried 8-0.

20. MISCELLANEOUS COUNCIL ITEMS.

a) Shawnee Fitness Center.

Councilmember Thomas stated she wanted to bring to the Council’s attention a building that concerns her and Councilmember McGuff. She stated they have two conflicting designs on one building, which are unbelievably unattractive. She asked Planning Director Chaffee to look into that.

Planning Director Chaffee stated the staff will visit with the owner on this. He stated the building is not completed and there is more work to be done with the landscaping and other things that will soften it a little.

Councilmember Thomas asked if they would have dormers.

Planning Director Chaffee stated they will be hiding their mechanical units and they will not be seen and screened off. He stated the staff will work with the owner on the color and it is certainly not what the staff or the Planning Commission had in mind.

Councilmember Thomas asked if the blue and white colors were approved.

Planning Director Chaffee answered those colors were approved.

Councilmember Thomas stated she is shocked and disappointed.

b) Chief Bluejacket Dedication.

Mayor Allen stated that this Saturday, November 1, 2003, there will be a dedication at the Chief Bluejacket statue. He thanked Parks and Recreation Director Holman, the Park and Recreation Advisory Board, the Planning staff, and everyone involved with this. He stated he has received very positive comments on how well that has fit into the park and the overall uniqueness. He stated it has drawn quite a bit of interest and, in his opinion, it has gone very well.

City Manager Montague stated Parks and Recreation Director Holman advised him today that the City has already received 200 RSVP’s for the ceremony on Saturday, so a very good crowd is expected.

21. CONDUCT AN EXECUTIVE SESSION FOR THE PURPOSE OF RECEIVING ATTORNEY/CLIENT PRIVILEGED COMMUNICATION.

Councilmember Sawyer, seconded by Councilmember Segale

, moved to recess to executive session for approximately 20 minutes for the purpose of receiving attorney/client privileged communication, with the City Council meeting to reconvene in the Council Chambers at the conclusion of the executive session.

The motion carried 8-0,

and the meeting recessed at 8:40 p.m.

Councilmember Goode, seconded by Councilmember Newby,

moved to conclude the executive session.

The motion carried 8-0.

Councilmember Thomas, seconded by Councilmember Segale,

moved to reconvene the meeting.

The motion carried 8-0,

and the meeting reconvened at 9:03 p.m.

Councilmember Segale, seconded by Councilmember Newby,

moved to authorize staff to not appeal the wood roof lawsuit, on the advice of the City’s counsel and also the advice that the City’s insurance company has agreed to cover the legal costs associated with the case.

The motion carried 8-0.

ADJOURNMENT

Councilmember Thomas, seconded by Councilmember Segale, moved to adjourn. The motion carried 8-0, and the meeting adjourned at 9:04 p.m.

Minutes prepared by: Cindy Terrell, Recording Secretary

APPROVED BY:

__________________________________
Carol Gonzales, Assistant City Manager
Exhibits:

Prepared By: Sonya Fendorf

CC10272003.doc