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CITY OF SHAWNECITY COUNCIL MEETING

MINUTESSEPTEMBER 12, 2005

7:30 P.

Mayor Meyers called the meeting to order at 7:32 p.m. in the Shawnee City Hall CouncilChambers. He welcomed the public and all stood and recited the Pledge of Allegiance, followedby a moment of silence.

Councilmembers PresentCouncilmember ScottCouncilmember PflumCouncilmember SawyerCouncilmember GoodeCouncilmember KuhCouncilmember Novosel

Councilmember SandiferCouncilmember Tubbesing

Staff PresentCity Manager MontagueDeputy City Manager GonzalesCity Attorney RaineyPolice Chief ClarkParks and Recreation Director HolmanProject Engineer GregoryBattalion Chief RawieFinance Director Kidney

Members ofthe public who spoke: (Business from the Floor) TODD PREATOR, 11515 W. 55Street, and CHAROTTE HARGIS , 6925 Ballentine.

CONSENT AGENDA

APPROVE MINUTES FROM THE CITY COUNCIL MEETING OF AUGUST 222005.

REVIEW MINUTES FROM THE PLANNING COMMISSION MEETING OFAUGUST 15, 2005.

REVIEW MINUTES FROM ,THE PAR AND RECREATION ADVISORYBOAR MEETING OF JULY 7, 2005.

REVIEW MINUTES FROM THE PAR AND RECREATION ADVISORYBOAR MEETING OF AUGUST 4, 2005.

CONSIDER APPROVAL OF AN ORDINANCE CHANGINGBOUNDARES TO GO INTO EFFECT SEPTEMBER 28, 2005.

WAR

Having passed, Ordinance 2781 was assigned.

CONSIDER INTERGOVERNMENTAL AGREEMENT BETWEEN KASASEMERGENCY MANAGEMENT AND THE CITY OF SHAWNEE.

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This agreement between Kansas Emergency Management and the City of Shawnee is fora period of 120 days to allow Shawnee employees to assist in the clean-up as a result ofthe Katrna hurcane. It also provides for reimbursement, including salary, per diem, andlodging for any Shawnee employees participating in the project. Authorize Mayor to signthe Agreement.

Councilmember Sawyer. seconded bv Councilmember Goode. moved to approve the entireconsent agenda. The motion cared 8-

MAYOR' S ITEMS

Mayor Meyers recognzed Boy Scout Michael Turney, Troop 401.

Mayor Meyers presented a proclamation for the Daughters of the American Revolution. Theproclamation was presented to the Quivira Crossing Chapter of the Daughters of the AmericanRevolution.

Mayor Meyers presented a Proclamation proclaiming September 17 - 23 , 2005 as ConstitutionWeek in the City of Shawnee, Kansas.

PUBLIC ITEMS

CONDUCT A PUBLIC HEARNG TO CONSIDER THE 2006 COMMUNITYDEVELOPMENT BLOCK GRAT (CDBG) APPLICATION AND ANNUALPLAN.

Councilmember Goode. seconded by Councilmember Sandifer. moved to conduct apublic hearng to consider the 2006 Community Development Block Grant (CDBG)application and anual plan. The motion cared 8-

Planng Director Chaffee stated the City of Shawnee is required to hold a public hearngon its 2006 Community Development Block Grant application prior to its submittal toHO. He stated it is estimated that the City wil receive approximately $250 000 for the2006 fiscal year. He stated the proposed activities to be fuded with the 2006 fundsinclude:

King Street Improvements between Johnson Drive and 57 Street, $187 500;Minor Home Repair and Revitalization Programs administered by JohnsonCounty Housing Services , $25 000;

. YMCA of Greater KC , $8 990;

. CLASP , $1 217;Johnson County Parks, $10 877;Life Skills , $2 023;Salvation Ary, $4,495;El Centro , $4 495; andThe Whole Child, $5 394

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PAGE 3 CITY COUNCIL MINTES SEPTEMBER 12 , 2005

Planng Director Chaffee stated that upon completion of the public hearng, theGovernng Body should make a motion to authorize the Mayor to sign the 2006Community Development Block Grant (CDBG) application.

Councilmember Sawyer. seconded by Councilmember Goode. moved to conclude thepublic hearng. The motion cared 8-

Councilmember Pflum. seconded by Councilmember Novosel. moved to authorize theMayor to sign the 2006 CDBG application to include: King Street Improvementsbetween Johnson Drive and Street, $187 500; Minor Home Repair and RevitalizationPrograms administered by Johnson County Housing Services, $25 000; YMCA ofGreater KC, $8 990; CLASP, $1 217; Johnson County Parks, $10 877; Life Skills

023; Salvation Ary, $4,495; El Centro , $4 495; and The Whole Child, $5 394. Themotion cared 8-

CONSIDER ADOPTION OF A HAZAROUS MITIGATION RESOLUTION.

Mayor Meyers stated that in response to the Disaster Mitigation Act of 2000, JohnsonCounty led an effort to gather information for cities ' hazardous mitigation plans. This wascompleted late last year and now requires official adoption by the Council in order tomeet FEMA requirements.

Councilmember Goode. seconded by Councilmember Pflumm. moved to adopt ahazardous mitigation resolution in response to the Disaster Mitigation Act of 2000 inorder to meet FEMA requirements. The motion carred 8- Having passed, Resolution1463 was assigned.

CONSIDER THE FOLLOWING ITEMSCOMMISSION MEETING OF AUGUST 15, 2005.

FROM THE PLANNING

Consider review of SUP- 7 -00- , a special use permit previously issued to MarshaTattershall to allow a one-chair beauty salon as a home occupation at 13909 West

Terrace.

Mayor Meyers stated that the Planing Commission recommended 10-0 that theCouncil renew SUP- 00-

Councilmember Pflum. seconded by Councilmember Goode. moved to renewSUP- 00- , a special use permit previously issued to Marsha Tattershall to allowa one-chair beauty salon as a home occupation at 13909 West 69 Terrace, as perthe Planing Commission s recommendations listed in the September 12 , 2005staff report. The motion cared 8-

Consider review of SUP- 95- , a special use permit previously issued toCingular Wireless (formerly Southwestern Bell Mobile Systems) for a 165-footmonopole telecommuncations tower at 6285 Ogg.

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10.

Mayor Meyers stated that the Planng Commission recommended 10-0 that theCouncil renew SUP- 95-

Councilmember Pflum. seconded by Councilmember Scott. moved to renewSUP- 95- , a special use permit previously issued to Cingular Wireless(formerly Southwestern Bell Mobile Systems) for a 165-foot monopole

telecommunications tower at 6285 Ogg, as per the Planning Commissionrecommendations listed in the September 12, 2005 staff report. The motioncarred 8-

Consider review of SUP- 99- , a special use permit previously issued to MaxRieke Family Parnership to allow a 185-foot lattice telecommunications tower at15400 Midland Drive.

Mayor Meyers stated that the Planing Commission recommended 10-0 that theCouncil renew SUP- 99-

Councilmember Pflum. seconded by Councilmember Goode. moved to renewSUP- 99- , a special use permit previously issued to Max Rieke FamilyParnership to allow a 185-foot lattice telecommuncations tower at 15400Midland Drive, as per the Planing Commission s recommendations listed in theSeptember 12 , 2005 staff report. The motion carred 8-

Consider review of SUP- 04- , a special use permit previously issued to

Precision Services to allow the operation of a non-inventory auto brokerage in theCH (Commercial Highway) overlay zoning district at 10820 West 64 Street.

Mayor Meyers stated that the Planng Commission recommended 10-0 that theCouncil renew SUP- 04-08.

Councilmember Pflum. seconded by Councilmember Sandifer. moved to renewSUP- 04- , a special use permit previously issued to Precision Services to

allow the operation of a non-inventory auto brokerage in the CH (CommercialHighway) overlay zoning distrct at 10820 West 64 Street, as per the PlanngCommission s recommendations listed in the September 12, 2005 staff report.The motion cared 8-

CONSIDER S-221-05-09, A SIGN VARANCE REQUEST FOR SIGN-AT 10919 SHAWNEE MISSION PARAY.

Mayor Meyers stated that Sign- Rama is requesting a varance for color in the ShawneeShopping Center at 10919 Shawnee Mission Parkway.

Councilmember Pflum asked Planng Director Chaffee how far off is the color.

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Planng Director Chaffee responded that yellow is the required color in the shoppingcenter with blackand white accent colors. He stated that Sign- Rama has requested thered color, which is their national color and have indicated to staff in a letter that they haverequired red at all of their fTanchises since 2004.

Councilmember Tubbesing stated he actually sent a document over to City ManagerMontague with photos pulled off of Sign- Rama s website of some of their locationsaround the countr that have multiple colored signs. He stated he this it is a truestatement that they are trng to standardize with the red color, but even on their ownmain website, they alternate the color oftheir signage to white.

Councilmember Tubbesing stated he has two issues; one, with the location and two , it isnot really a Sign- Rama issue, but he thinks that the signage on this building is ashining example of the failure of the City s sign policy. He stated there are two differentshades of yellow. He said the PI's Bar sign is about two feet higher than the other signs.He stated that down on the far side is Rent- Center, which is red, white, and blue, whichagain really does not conform, but conforms to their national policy.

Councilmember Tubbesing reiterated that this is a shining example of the City losingtrack of this building and unfortately with this building being in our gateway, hisbiggest concern is why do they have to have the sign elevated so high. He stated hebelieves the Rent- Center sign actually straddles the anchors to the awning. He statedhe is not quite sure this sign needs to be elevated to the top of the parapet. He asked ifthis is what they requested.

Planing Director Chaffee answered it was by the request of Sign- Rama and as long asit is below the rooftop or parapet area allowed by the City s code for their placement ofthe sign, as they would not allow it up in the archway above the parapet line straightacross.

Councilmember Tubbesing stated he just wants to understand the City s sign code. Heasked if there is no horizontal center point that that sign has to be on along witheverything else.

Planng Director Chaffee answered that is correct.

Councilmember Sawyer stated in his opinion, nor should there be.

Councilmember Sandifer. seconded by Councilmember Goode. moved to approve S-221-05- , a sign variance request for Sign- Rama at 10919 Shawnee Mission Parkway.The motion cared 8-

BUSINESS FROM THE FLOOR

Drainage Issue.

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PAGE 6 CITY COUNCIL MINTES SEPTEMBER 12, 2005

TODD PREATOR, 11515 W. 55 Street, stated he and his wife, Tara, were told that theCity was going to do some more work on the creek on the side of their home. He statedhe is curous as to what is going on, as they have not been told anything for a while and itis just a mess over there. He stated everything is dead and nothing is finished. He statedthe signs have been removed and other people have been told they are finished with thework, but he and his wife have been told they are not finished. He stated they are heretonight before the Council, curous as to what is actually going on.

Councilmember Goode stated he is probably more familiar with this situation thananyone, because he was called in on it. He asked if City Engineer Wesselschmidt waspresent this evening.

City Manager Montague stated Project Engineer Gregory is present on behalf of theEngineering Deparent this evening.

Councilmember Goode stated that City Engineer Wesselschmidt was present with himwhen some of these commitments were made to these people that sooner or later theywould do something about this issue. He stated at that time, City EngineerWesselschmidt elected to put up some temporar sandbags to stop the drainage into thePreator s basement. He stated at that paricular time, he was told by City EngineerWesselschmidt, and even discussed the situation with City Manager Montague, that theCity would take the steps to make this situation right. He stated his only concern now iswhy have they not taken the steps to satisfy these people to alleviate this problem. Hestated ifthere is a hold up of some sort, he wants to know why.

Project Engineer Gregory stated that following City Engineer Wesselschmidt's meeting,they asked the consultant to go out and perform a surey of the area just to make sure thatthe berms and things installed for this end of the proj ect would provide adequate floodcontrol. He stated they also wanted to see how different parts of the project drained andgraded towards the Preator s house. He stated that since then, one of the items on thechange order coming up is to provide a sump pump and backflow preventer for abasement drain for this property.

Proj ect Engineer Gregory stated they also anticipate that they wil be considering re-grading some of the area around the chanel to provide better flood protection, but to alsoconform better to the plans, which they think did not quite get done. He stated thecontract is not over. He stated he just met with the contractor today about replacing all ofthe dead sod on the project, which should be started fairly soon. He stated this changeorder also provides for three or four other items that need to be done to help clean upsome of the areas that were overlooked in the design.

Councilmember Goode stated that as far as Project Engineer Gregory is concerned, thechange order is necessary for the City to proceed on at a later date without any problems.

Project Engineer Gregory stated this change order will, in part, address how water goesdown the Preator s drveway into their garage, because it slopes down into the basement

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and garage floor. He stated he presumes that City Engineer Wesselschmidt and PublicWorks Director Freyermuth have both talked with the Preators about that, as he has not.

Project Engineer Gregory stated they are also considering some other design aspects tothe area, just to reconsider the area and make sure they are able to provide the kind ofprotection that they should be able to receive ITom the project.

Councilmember Goode asked Project Engineer Gregory if he is positively sure that in ashort period of time, the City can start making progress to get these people s problemsolved.

Project Engineer Gregory answered yes.

Councilmember Goode stated he knows this has been delayed, but he can understand whybecause they came up with a new predicament here which wil add maybe a bettermeasure to it, as far as makg the operation more complete. He stated he wants toguarantee that they are going to be able to get the water away ITom the Preatorsdrveway, so their basement does not keep filling up with water. He stated it is aridiculous situation, so they need to make sure it is straightened up.

Councilmember Pflum asked Project Engineer Gregory to tell the Council where the re-grading is planned, so Mr. Preator is clear with that.

Project Engineer Gregory stated they have the survey, but stil need to come up withsome final plans on how they are going to do that and things they have already talkedabout as far as additional treatment alongside the chanel and around that head wall. Hestated that as far as the driveway that goes down into the garage is concerned, they areprobably not going to be able to do anything.

TODD PREATOR stated he was told by Project Engineer Gregory to put on a backflowpreventer so water would not come into his sewer. He stated he talked to many plumberssince then and they informed him that wil cause a problem. He stated he did not haveany problems before they did this creek and then the line got busted and they haveextended it out and put big boulders in ITont of it. He stated they are now telling him ifhe puts in a backflow preventer, there wil not be enough pressure for his drain to open itup to allow it to go out. He stated that now it is open and it should, hypothetically, go outand take hold ofthe creek.

TODD PREATOR stated if he puts on a backflow preventer, he was told there wil not beenough pressure because the creek coming by it wil hold that thing shut and just fill backup again. He stated he just got flooded again a few weeks ago and had two inches ofwater on his brand new carpet.

Project Engineer Gregory stated by merely putting on a backflow preventer, it would justcause more problems. He stated they plan on putting on a backflow preventer so thecreek durng a large flood wil not back up water into the Preator s garage through their

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drain pipe. He stated they also plan on installing a sump pump which would get rid ofthe water that falls directly down on their drveway that goes into their garage door theninto their basement.

Councilmember Goode stated that is a good idea, because in a heavy rain they wil getsome water.

TODD PREA TOR stated he curently has a sump pump in his garage for when the watergoes underneath the door and starts flooding his garage and the pump is taking the waterout, but there is no pump in his basement.

Proj ect Engineer Gregory clarfied that this sump pump wil be on the outside.

Councilmember Goode stated his immediate concern is that when there is a heavy rainthere is a lot more water coming down into Mr. Preator s basement, besides from thatinlet - it is coming from another area where it should not be coming. He stated they haveto get that water progressing to the right and get over to that ditch, so it does not keepallowing the water to come towards his house.

TODD PREATOR stated that is his feeling as well. He stated that before they installedthe berm, the water was chaneled and would come down and go out.

Councilmember Goode stated the berm is there now, so they now have to figue out away to make it work. He stated if the berm was not there, it would work.

Project Engineer Gregory stated they need the berm to protect against a 100-year levelstorm.

Councilmember Goode stated that is when the whole thing comes in a deluge up stream.

Project Engineer Gregory stated they are trying to work every angle of it to make sure itprovides them protection.

Councilmember Kuh asked if the way to fix this is to put in the backflow and add theadditional sump pump to protect it, because they want it to backflow into the outsideportion of it so the sump pump can take the water down, then what happens to thePreator s house if the sump pump fails.

Councilmember Pflum added the question of what would happen if the sump pumpfreezes.

Project Engineer Gregory replied if the sump pump fails , freezes, or if they get 12 inchesof rain straight down, the Preators are going to flood.

Councilmember Kuh asked if they are solving anything with the sump pump.

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TODD PREA TOR stated it does not take much rain now to flood him.

Project Engineer Gregory stated the sump pump wil really only help them on small rainsor any kind of a flood. He stated that right now, their drain pipe goes out into the creekso when the creek rises up above the end of the pipe, that keeps the water from going outvery quickly and it goes out very slowly. He stated there is about four feet of differencebetween their drain at the garage door or in the creek, into the pipe. He stated when thecreek comes up a couple of feet, it covers that up and then there is a pressure system andnot just water flowing out. He stated the only way to solve this problem is to install asump pump or build an enclosure over their drveway area that would not allow rain tofall down into it.

Councilmember Sawyer stated the Council approved this around two years ago. Hestated the water is coming from the street.

TODD PREATOR stated the water was coming from the street at the time.

Councilmember Sawyer asked if it is still coming ITom the street.

TODD PREATOR stated they fixed that problem and the water is now coming down hisdrveway and yard and instead of channeling like it used to , it is blocked by the berm.

Project Engineer Gregory stated there is a swale between the driveway and the bermwhich they stopped and it wil drain out. He stated the water that was going down thedriveway from the street has been stopped. He stated that the water they are talkingabout now that flooded the Preator s about three weeks ago or so , was rain that camedown in about two and a half inches per hour, which came directly down their drive, andaround the edges of that area. He stated it was not the whole area, because some of thedrveway drains off to the side. He stated that water went down against the garage doorto a narow space and then it could not drain out the drain pipe down to the creek fastenough. He stated he is sure it was very frstrating for the Preators. He stated the onlyway to really solve this problem is to put in a sump pump, or to put an enclosure over thatbuilding.

Councilmember Goode stated the sump pump wil work well under normal rains, but ifthey ever get a deluge, there could be a problem. He stated in order to maintain thegarage entrance there, they need to put in the sump pump. He stated they also need tomake sure that everything is chaneled out to the southwest and not have this berm guideit into that inlet for excess water. He stated he really thinks once they get this thinggoing, they wil be able to solve the Preators ' problem. He pledged his promise to dothat, but that is all he can do right now.

TODD PREATOR stated they were told before the project stared that they would be ableto mow to the edge of the rock. He stated they can not get within two feet from the rocknow. He stated the weeds are just unbearable and coming up through the rocks.

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Councilmember Goode asked Mr. Preator if he was talkng about the west side of theinlet.

TODD PREATOR answered yes.

Project Engineer Gregory stated they are going to work with the contractor and engineersto come up with some corrections that need to be made in that area.

TODD PREATOR stated that curently, there are big holes in between where the dirt haswashed down. He stated if he drives his mower close to it, he is going to encounter someproblems.

Councilmember Goode stated he is sure the staff wil figue out a way to solve thatproblem.

Councilmember Sandifer asked how much of this flooding problem happened prior to theproject. He asked if the City created most of this flooding problem into the Preatorbasement.

TODD PREA TOR replied that he had water problems before because he lives at thebottom of Bond and had a lot of water coming down towards his house. He stated that atthe time, on the other side of 55 Street, the water would chum and fill up over there andcome through slowly. He stated that now they put in bigger and faster pipes within 15acres or more up above them. He stated they made a concrete chanel and he now haswater rushing through his yard.

TODD PREA TOR stated they did fix the street problem, but not everyhing else. Hestated it has gotten worse after they put in the berm. He stated the water does not godown to the creek now, but puddles up and comes down and right into his house.

Councilmember Sandifer asked if they spend this extra money to alleviate some of Mr.Preator s problem, what liability would the City have if there is any more floodingagainst his property. He asked ifthe City has any liability if they do work in his yard.

City Manager Montague stated that techncally, the City has no liability.

City Attorney Rainey stated he thinks City Manager Montague is correct; the City doesnot have a legal liability. He stated the storm drainage problem there is a result of thedevelopment of the area and some additional development. He stated the water is thereand has been there. He stated as the City improves the system in some areas , he does notbelieve it creates a liability in others.

TODD PREATOR stated it has been improved all the way up the creek, but his yard isthe only yard in the whole project where the creek goes right through the center of hisyard. He stated he let the contractor know that his property line went right through andhe owns 40 to 50 feet on the other side of the creek.

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Councilmember Sandifer stated the City needs to do their best to alleviate this problemand there is no question about that at all.

TODD PREA TOR stated what was done does not work. He stated he is not an engineerbut he told them before this was done if they put more water through there, there is noway it was going to work. He stated they did it anyway and now it is worse than it wasbefore they stared.

Mayor Meyers stated they have heard from several Councilmembers and ProjectEngineer Gregory that they are going to work on a solution to this problem. He stated itis not going to be a long wait and wil happen in a timely manner. He stated they wil dothe best they can to get this problem solved.

Councilmember Tubbesing stated when the City does projects, they should be moremeticulous with their process of doing no har. He stated that by creating a mechancalsolution to a problem the City caused, i.e. a sump pump, it just worres him. He stated hewould like more sculpting of the land considered or some other kind of process , than justthrowing in a mechanical solution. He stated they all know this is not a long termsolution and wil cause problems down the road. He stated that Mr. Preator is going tohave long-term or forever maintenance issues.

Project Engineer Gregory stated that durng every project they do for storm drainageimprovements, they try to provide improvements to the property around it that really areof private nature; grading of yards and providing changes in driveways or whatever isneeded to make sure that they do not flood. He stated that in some cases, like thisdrveway that goes down into their house, it is not really something they can change. Hestated they are going to provide and finish the proj ect, providing them 100- yearprotection. He stated this one area that goes down into the driveway, is not exactly parof what they would normally do , but they are going to try to do something.

Councilmember Tubbesing stated they all know 100-year storms comes through aboutevery three years. He stated his concern is that by putting in a mechancal solution, it

will only act as a temporary fix and cause ongoing maintenance issues. He stated all he issuggesting is that the water that is going into the basement, needs to be no greater thanwhat was going in before they started working out there.

Project Engineer Gregory stated that as far as he is concerned it is less.

Councilmember Sawyer stated he remembers when the Council approved this and it wasa concern that the water was coming back around and getting into the Preator s garage.He stated that is the reason they put in the bigger pipe under 55 Street. He stated itlooks like the City did not do their homework to solve the entire problem. He stated theyput up the berm to keep the water from the creek coming in, but basically forgot about thewater coming down the drive. He stated he would like the City staff to look into this andfix it the correct way. He stated he remembers they spent a lot of time talking about this

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very property one night. He stated they designed this project to handle what was out inthe creek, but not all the problem.

Councilmember Sawyer stated he still has concerns that some of the water still comes offthe street. He stated that he goes down that way all the time because he has relatives thatlive right north of that property.

Councilmember Pflum stated if they get rain all around the Preators house, everythingwill be fine, but if it rains in their yard and on their driveway, it is coming into the housebecause it has no other way to go and has to go over the berm.

Project Engineer Gregory stated the Preators driveway drains down into their garagedoor. He stated they have kept the street water ITom coming down into their drivewayand also provided a berm between them and the creek. He stated they are going to lookat some other ways to, if they have to , redo the driveway to cause it not to drain down inthere. He stated short of blocking up that garage or drveway, there is no way to keepwater ITom going down that driveway and into their house. He stated a 2 12 inch rainwould flood their basement if the creek rose up beyond the end of the pipe. He statedthey have to provide some sort of pressurzed way to get the water out, which a sumppump would provide. He stated that a backflow preventer would help prevent watercoming back up from the creek, although since it is a four foot difference in elevation, it

is stil a possibility.

Councilmember Kuh stated she was not on the Council two years ago when thisdiscussion happened. She stated they are making the point that the drveway drains downtowards the garage. She asked if the City had alleviated the problem that they caused inhaving the water rush at a faster rate onto the street, and if this is really something theycaused or something that happens based on a house being at the bottom of a hil.

Councilmember Pflumm stated there is a berm on one side. He stated the City took careof the water that was coming over and in, but now the water that comes directly onto theirproperty drains down by their driveway, which would have normally gone right into thecreek, but now there is a berm placed there.

Project Engineer Gregory stated they have provided a swale between the berm and thedriveway which does drain to the creek.

Councilmember Pflum stated the Council is just saying that the City did it and probablydid it the right way, but if they get a lot of rain quickly, then it comes into their basement.

City Manager Montague stated they could probably also solve the problem by taking outthe whole driveway and pitching it to the other side.

Project Engineer Gregory stated that would only solve par of the problem.

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City Manager Montague stated it would still get water if it was pitched over to the otherside.

Councilmember Sandifer asked about some type of a drainage system with grading goingthrough the ITont of the yard. He asked if the yard was set up so it could drain fuherdown in the slopes, or would that eliminate the problem.

Project Engineer Gregory stated that would not really solve the whole problem.

Councilmember Sandifer asked if that would take care of the mechancal problem ofputting in a sump pump.

Project Engineer Gregory answered no.

Councilmember Sandifer stated that is possibly a freezing and maintenance item. Hestated if it is a grate of some sort, they might be talking about just a ruoff.

Mayor Meyers stated he does not think tonight is the place to come up with a solution.He stated they need to have staff work towards a solution for this property and believesthat is the Council' s intention.

CHAOTTE HAGIS , 6925 Ballentine, asked if there is any place on the CapitalImprovement Plan that tells them when they are going to finish this drainage canal to thesouth.

Project Engineer Gregory responded that the Preators ' property on to the south is not onthe City s 5-year CIP and is not in the list of storm drainage problems currently beingaddressed.

CHAOTTE HAGIS asked how many acres are serving that drainage canal.

Project Engineer Gregory stated he is not sure of that exact number.

CHAROTTE HARGIS asked if it goes clear up to 51 st Street.

Project Engineer Gregory stated it goes beyond that, clear up to 49 Street.

CHAROTTE HARGIS stated they are dumping a tremendous amount of water in there.She stated ifthe City has a rainy year, it will be impossible in there and the City does nothave any facilities, to take care of it. She stated she thinks the City is going to have toreadjust the CIP to take that further south.

Mayor Meyers stated he believes the intention is for that to happen in the future. stated he does believe that right now, as far as the water traveling beyond the Preators isworking, it just has had some problems at their residence.

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PAGE 14 CITY COUNCIL MINTES SEPTEMBER 12 , 2005

Project Engineer Gregory stated there is a project planed where that creek goesunderneath Johnson Drive, right by Old Shawnee Town. He stated they are going to bereplacing culverts under Johnson Drive down by the church.

CHAOTTE HARGIS stated that wil not relieve the Preators ' problem. She stated theCity is dumping a tremendous amount of water on them and it has not really been a veryramy season.

Project Engineer Gregory stated he believes the project they have constructed, wilprovide the Preator s the maximum amount of flood protection that the City provides fortheir area.

Councilmember Goode stated between the improvement being talked about tonight up onStreet and the improvement on the street on Flint, since the construction of the new

school, there has been some temporary work done in there to increase the capacity of thatditch to hold more water. He stated he does agree with City Manager Montague, that oneof these days the City will have to improve that area down to Flint so it is not such athreat.

CHAROTTE HARGIS stated she thinks she called that to the Council's attention thenight they improved it and told them they were dumping a tremendous amount of waterthere and it was always going to be a problem.

Councilmember Goode stated at that time, it was a tremendous amount of water, butsince then there has been scooping out downstream that makes the water more easy tohandle. '

CHAOTTE HARGIS asked if it tus there slightly.

Councilmember Goode stated there has been some improvement, but he does agree thatin capacity it is not going to handle it. He stated they do not have 100-year floods veryoften.

CHAOTTE HAGIS stated it seems like they have them every other year. She statedthat it seems like before the City stars doing some of these luxuries with parks and soforth, they should take care of this problem, at least down to Johnson Drive.

Mayor Meyers stated he does not think there is any question that the Council and Citystaff is very aware that there are stil drainage issues within the City of Shawnee. Hestated he does not think there has ever been any doubt of that and thinks they have madetremendous progress over the past 10 years on the drainage problems throughout the City.He stated drainage improvements take a great deal of money and they can only do somuch so fast at a time with the fuds that are needed and available. He stated he thinksthey wil continue to make progress and thinks the City Council has shown time aftertime their willingness to do the best job they can by supporting residents. He stated hebelieves the staff has also shown time and time again that they are willing to work with

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our residents to provide the best possible solutions. He stated he believes this is one ofthose situations where they are trying in earnest to do just that.

STAFF ITEMS

11. CONSIDER A REQUEST TO APPROVE A CHANGE ORDER FOR THESTORM DRANAGE PROJECT AT STREETS, FROM QUIVIRAROAD TO BOND, P.N. 3270.

Mayor Meyers stated that the contract was awarded to Meadows ConstructionTonganoxie, Kansas, on July 26, 2004, in the amount of $1 857 626.90. This secondchange order reflects a net increase of $60 000. The new contract amount for this projectis $1 934.951.39.

Councilmember Sawyer. seconded by Councilmember Scott. moved to approve a changeorder in the amount of $60 000 for the storm drainage project at 51 st

- 55 Streets , ITom

Quivira Road to Bond, P.N. 3270, with Meadows Construction, Tonganoxie, Kansas, inthe amount of $1 857 626. , making the new contract amount for this project

934. 951.39. The motion cared 8-

12. CONSIDER A CHANGE ORDER NO. 1 AND FINAL FOR THE OLD K-DRANAGE PROJECT.

Mayor Meyers stated that the contract was awarded to Miler Paving & ConstructionKansas City, Kansas , on February 28 , 2005 , in the amount of $45 654.91. This changeorder reflects a net increase of $6 148.36. The new contract amount for this project is$51 803.

Councilmember Pflum. seconded by Councilmember Goode. moved to approveChange Order No. 1 and Final, in the amount of $6 148.36, for the Old K-7 drainageproject with Miler Paving and Constrction, Kansas City, Kansas, in the amount of$45 654. , makng the new contract amount for this project $51 803. 00. The motioncared 8-

MISCELLANEOUS ITEMS

13. CONSIDER ELECTION OF DELEGATE TO THE NATIONAL LEAGUE OFCITIES TO VOTE ON POLICY AMENDMENTS AND RESOLUTIONS.

Mayor Meyers stated that under the Bylaws of the National League of Cities, the numberof votes to which each city is entitled is based upon the population of the city in 2000.The City of Shawnee is entitled to one delegate and one alternate to vote on proposedNational Municipal Policy amendments and resolutions at the Congress of Cities inCharlotte, North Carolina, on December 10 2005. In the past, the Council has designatedthe Mayor and Council President.

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PAGE 16 CITY COUNCIL MINTES SEPTEMBER 12, 2005

Councilmember Pflumm. seconded by Councilmember Sandifer. moved to elect MayorMeyers and the Council President Sawyer, if available, to the National League of Citiesto vote on proposed National Muncipal Policy amendments and resolutions at theCongress of Cities in Charlotte, North Carolina, on December 10, 2005. The motioncarred 8-

14. CONSIDER ELECTION OF DELEGATES TO THE LEAGUE OF KASASMUNICIPALITIES.

Mayor Meyers stated that the State law provides that the Governng Body of each citythat is a member of the League may elect city delegates from among the city s offcers torepresent the city in the conduct and management of the affairs of the League. In theevent there are not enough Councilmembers to provide suffcient delegates andalternates , the City Manager should be authorized to designate staff members who will beattending the conference.

Councilmember Goode asked for the date.

Councilmember Kuhn stated it wil be held on September 16 2005.

Councilmember Novosel. seconded by Councilmember Kuhn. moved to authorize theCity Manager to fill the remaining delegate positions if there are not enoughCouncilmembers to provide sufficient delegates and alternates. The motion cared 8-

15. CONSIDER APPROVAL OF SEMI-MONTHLY CLAIM FOR SEPTEMBER 122005, IN THE AMOUNT OF $2,790,577.62.

Councilmember Sandifer. seconded by Councilmember Pflum. moved to approve thesemi-monthly claim for September 12, 2005 , in the amount of $2 790 577. 62. Themotion cared 8-

16. MISCELLANEOUS COUNCIL ITEMS.

Safety Center Open House.

Councilmember Scott reminded everyone about the Safety Center Open Housewhich will take place this coming Saturday, September 17 , 2005 , from 11 :00 a.to 4:00 p.

Table Smoking Ban Discussion.

Councilmember Scott. seconded by Councilmember Sandifer. moved toindefinitely table the discussion of a smoking ban in Shawnee, as this issue wasforwarded to the County, who has formed a Task Force and is looking into thisIssue.

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PAGE 17 SEPTEMBER 12, 2005CITY COUNCIL MINTES

Councilmember Scott stated to quote a recent newspaper aricle

, "

For each

individual city to debate this is like a recipe for chaos . She stated she is merelysuggesting that they indefinitely postpone the smoking discussion.

Mayor Meyers stated he knows that at the last Council of Mayor s meeting it wasmentioned that there would be discussion from Johnson County ChairmanSurbaugh at the next meeting which will take place around the beginning ofOctober. He stated he knows that it is going to be discussed in some fashion withthe County being involved in this issue.

Councilmember Pflum asked if the motion should be amended to read that thisissue is being cancelled indefinitely or until they find resolution from the County.

Councilmember Scott amended the motion. Councilmember Sandifer amendedhis second to the motion.

Therefore the motion read: Councilmember Scott. seconded by CouncilmemberSandifer. moved to indefinitely table the discussion of a smoking ban in Shawneeuntil they find a resolution ITom the County who has formed a Task Force and arelooking into this issue. The motion cared 8-

Terrace Erosion Issue.

Councilmember Pflum stated he does not want to make light of Mr. Preatordrainage issue, but there are other drainage issues in the City and one that is onthe current CIP - Terrace where the project was stopped on 55 Street. Hestated they have better collection upstream, like in Mr. Preator s situation. Hestated this problem is not necessarily the flooding of basements, but more erosionproblems. He stated he is talking about the area just west of Earshaw and 5iTerrace down to where the drainage meets the previous project ahead of OldShawnee Town.

Councilmember Pflum stated around six months to a year ago, he believes thepeople at the southernost end came before the Council and came back again andit was talked about going back out and doing some temporary fixes. He stated heis not sure of the situation, but there has been some temporar fixes and thepeople up at the northern end by Terrace have been working with the City,but a couple of them phoned him and want to make sure that things are still goingin the right direction. He stated he informed these people that the City staff wouldlook into when it is on the CIP and City Manager Montague informed him justbefore tonight' s meeting, it is curently on the CIP for 2008. He stated sometimesthings get shuffed in the mix and they can not always keep those dates firm, butasked if staff could possibly look at the upcoming SMAC projects to see what canbe done temporarily for a fix.

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PAGE 18 CITY COUNCIL MINTES SEPTEMBER 12 , 2005

Councilmember Pflum stated he knows they have done some small things upthere, but if staff could look into this situation again and get with some of theconcerned homeowners , he would really appreciate it.

Councilmember Goode stated he was here that evening when CouncilmemberPflumm, Deputy City Manager Gonzales, and City Engineer Wessel schmidtdiscussed that situation. He stated that they, at that time, thought there might besomething they could do to alleviate that situation to some degree. He stated thatas far as he is concerned he would think that Councilmember Pflum and DeputyCity Manager Gonzales agree with him.

Councilmember Pflum stated Councilmember Goode is talking about the otherend, but it is the same project. He stated he knows those people have complainedtoo , but the people on both ends of this project are having some issues , so if thestaff could possibly look into that and come up with a game plan, these peoplehave been pretty patient. He stated these people were promised 2006 , then 2007and curently they are on the books for 2008.

Councilmember Goode stated if he recalls correctly, City EngineerWesselschmidt thought they might be able to do something on a temporar basis.He stated maybe they can bring City Engineer Wesselschmidt back before theCouncil to discuss this issue fuher.

New Finance Director - Bryan Kidney.

City Manager Montague recognzed Bryan Kidney, Shawnee s new FinanceDirector.

ADJOURNMENT

Councilmember Sandifer. seconded by Councilmember Goode. moved to adjourn. The motion

cared 8- and the meeting adjoured at 8:26 p.

Minutes prepared by: Cindy Terrell, Recording Secretar

APPROVED BY: