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CITY OF SHAWNEE
CITY COUNCIL MEETING
MINUTES
September 28, 2015
7:30 P.M.

Michelle Distler - Mayor

Councilmembers Present Staff Present
Councilmember NeighborDeputy City Manager Charlesworth
Councilmember JenkinsAssistant City Manager Killen
Councilmember KemmlingCity Clerk Powell
Councilmember VaughtFinance Director Rogers
Councilmember Meyer Development Services Dir. Wesselschmidt
Councilmember SandiferInformation Technology Director Bunting
Councilmember Kenig Parks and Recreation Director Holman
Planning Director Chaffee
Councilmembers AbsentPolice Chief Moser
Councilmember PflummDeputy Fire Chief Scarpa
Deputy Public Works Director Sherfy
Assistant Public Works Director Gard
Communications Manager Ferguson
Management Analyst Schmitz
Sr. Project Engineer Lindstrom
(City Council Meeting Called to Order at 7:30 p.m.)

A. ROLL CALL

MAYOR DISTLER: Good evening and welcome to tonight’s meeting of the Shawnee City Council. I would ask that you please silence your electronic devices at this time. I am Mayor Michelle Distler, I will be chairing this meeting. I will do a roll call vote at this time. Councilmember Neighbor?

COUNCILMEMBER NEIGHBOR: Present

MAYOR DISTLER: Councilmember Pflumm has notified us that he will be absent this evening. Councilmember Jenkins?

COUNCILMEMBER JENKINS: Present.

MAYOR DISTLER: Councilmember Kemmling?

COUNCILMEMBER KEMMLING: Present.

MAYOR DISTLER: Councilmember Vaught?

COUNCILMEMBER VAUGHT: Present

MAYOR DISTLER: Councilmember Meyer?

COUNCILMEMBER MEYER: Present.
MAYOR DISTLER: Councilmember Sandifer?

COUNCILMEMBER SANDIFER: Present.

MAYOR DISTLER: Councilmember Kenig?

COUNCILMEMBER KENIG: Present.

MAYOR DISTLER: Thank you.

B. PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE

MAYOR DISTLER: Please join us for the Pledge of Allegiance followed by a moment of silence.

(Pledge of Allegiance and Moment of Silence)

MAYOR DISTLER: Thank you. Before we begin our agenda, I'd like to explain our procedures for public input. During the meeting I will offer the opportunity for public input. If you would like to speak to the Council at any of those times, please come forward to the microphone. I will ask you to state your name and address for the record, then you may offer your comments. So that members of the audience can hear your comments, I would ask that you speak directly into the microphone. By policy, comments are limited to five minutes and no person may speak more than twice to any one agenda item. After you are finished, please sign the form to the right of the podium to ensure we have an accurate record of your name and address.

During the meeting, I will call for motions after I ask for public comments on each item. I would also like to remind Council to please turn on your microphone when you would like to speak, and be sure to speak directly into the microphones, so we can get a clear and accurate record for the minutes.

In addition, while we won’t do a roll call vote on every vote, I will state Councilmembers’ names who vote in minority, so that our listening audience will have a clear and accurate record of the vote.

And we have a Chiefs and Packers game that started a couple minutes ago, so we want to get you all home on your couches and in your lucky jerseys, so we will try to make this as quickly as possible.

C. CONSENT AGENDA

MAYOR DISTLER: The next item on the Agenda is the Consent Agenda. Does the Council have any items they would like to remove? Seeing none I will accept a motion.

COUNCILMEMBER NEIGHBOR: Move for approval.

COUNCILMEMBER SANDIFER: Second.

MAYOR DISTLER: A motion has been made and seconded on this item. All those in favor say aye.

COUNCILMEMBERS: Aye.

MAYOR DISTLER: Opposed nay. Motion passes. (Motion passes 7-0)

D. MAYOR'S ITEMS

MAYOR DISTLER: The next item is D. Mayor’s Items. I have two proclamations tonight. National 4-H Week Proclamation and Fire Prevention Proclamation. So, if the folks from the Oxford Hustlers 4-H Club of Shawnee would please join me in front of the podium, please.

In recognition of National 4-H Week:

Whereas, the Oxford Hustlers 4-H Club of Shawnee is part of the national youth organization, and an active and growing local club; and

Whereas, 4-H is a commitment by parents to become involved in their children’s lives during a critical time of growth in understanding themselves and the world they live in; and

Whereas, 4-H is a commitment by youth to become involved in assisting their own growth and understanding of themselves, their families and their work; and

Whereas, 4-H is a commitment by the community, through the Extension system, to assist parents and youth while they grow individually and together in understanding themselves and their world.

Now, therefore, I, Michelle Distler, Mayor of the City of Shawnee, Kansas, do hereby proclaim October 4-10, 2015, as “National 4-H Week” and commend these young people of the Oxford Hustlers 4-H Club of Shawnee for setting such a good example in the community.

(Applause)

MAYOR DISTLER: And next, I have a proclamation for Fire Prevention Week. So, if Chief Maddox and the members of the Shawnee Fire Department could join me at the podium.

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MAYOR DISTLER: In recognition of Fire Prevention Week. Whereas, the City of Shawnee, along with Shawnee firefighters are committed to ensuring the safety and security of all those living in and visiting our city through prevention and protection education; and

Whereas, fire is a serious public safety concern both locally and nationally, and homes are the locations where people are at greatest risk from fire, killing more than 2,700 people in the United States in 2013, according to the National Fire Protection Association (NFPA), and fire departments in the United States responded to 369,500 home fires; and

Whereas, working smoke alarms cut the risk of dying in reported home fires in half and in one-fifth of all homes with smoke alarms, none were working, resulting in three out of five of home fire deaths in properties without working smoke alarms because batteries were missing, disconnected, or dead; and

Whereas, Shawnee residents should install smoke alarms in every sleeping room, outside each separate sleeping area, and on every level of the home, along with alert devices that meet the needs of people who are deaf or hard of hearing; and

Whereas, Shawnee residents are responsive to public education measures and are more prepared and better able to take personal steps to increase their safety from fire, especially in their homes by planning and practicing a home fire escape plan; and

Whereas, the 2015 Fire Prevention Week theme, “Hear the Beep Where You Sleep. Every Bedroom Needs a Working Smoke Alarm!” effectively serves to remind us that that we need working smoke alarms to give us the time to get out safely.

Now, therefore, I, Michelle Distler, Mayor of the City of Shawnee, Kansas, do hereby proclaim October 4-10, 2015, as “Fire Prevention Week” in the City of Shawnee and I urge all the people of Shawnee to test their smoke alarms at least every month by pushing the test button, and to support the many public safety activities and efforts of the City of Shawnee fire and emergency services during Fire Prevention Week 2015.

Thank you.

(Applause)

E. BUSINESS FROM THE FLOOR

MAYOR DISTLER: The next item is E, Business from the Floor. Is there anyone who has comments on the issue that is not on tonight’s agenda?

F. PUBLIC ITEMS

MAYOR DISTLER: The next item is F, Public Items. Item Number 1 is to Consider Approval of the 2016 - 2021 Capital Improvement Plan.

The City reviews and updates the Capital Improvement Plan each year. Staff will provide more information. The recommended action is to consider approving the 2016 - 2021 Capital Improvement Plan. Is there any discussion -- oh I’m sorry. Mr. Lindstrom?
MR. LINDSTROM: Paul Lindstrom, Development Services. Hopefully you’re not disappointed, but I do not have a presentation for you this evening. I just wanted to point out that the CIP involves projects you’ve already seen through the CARS programs, the SMAC program, a lot of funding sources, the Parks and Pipes program. So, projects you’ve already seen through the process of the budget this year.

Also wanted to remind the Council that in November we’ll be, the City Council will be doing a committee on that, I think it’s the second, I believe. We’ll be discussing priority of projects, so there will be an opportunity to potentially add projects on the CIP after that. But up here for questions if anybody had any questions on specific projects.

MAYOR DISTLER: Mr. Vaught?

COUNCILMEMBER VAUGHT: In Carol’s update, in the e-mail she talked about Gleason from the Planning Commissioner recommendation. What was that? What happened there?

MR. LINDSTROM: I believe the Planning Commission, and actually they’ve done that the last couple years, have recommended 71st Street and Gleason to the south to be improved on the CIP.

COUNCILMEMBER VAUGHT: Okay.

MR. LINDSTROM: So, that’s been a recommendation, I believe, Mr. Chaffee, how many years?

MR. CHAFFEE: About three years since we started working Erfurt.

MR. LINDSTROM: Okay.

COUNCILMEMBER VAUGHT: All right.

MR. LINDSTROM: That was the only recommendation they had at the time.

COUNCILMEMBER VAUGHT: So, what are we doing with that? Is it on there?

DEPUTY CITY MANAGER CHARLESWORTH: It would certainly be something you all can discuss at that November 2nd Committee meeting.

COUNCILMEMBER VAUGHT: Okay.

MR. LINDSTROM: That is part of the -- one of the priority projects on that list.

COUNCILMEMBER VAUGHT: Thanks.

MAYOR DISTLER: Is there any other discussion from the Council? Anyone from the audience that would like to speak to this item? I will accept a motion.

COUNCILMEMBER SANDIFER: Motion to approve.

COUNCILMEMBER NEIGHBOR: Second.

MAYOR DISTLER: A motion has been made and second on this item. All those in favor say aye.

COUNCILMEMBERS: Aye.

MAYOR DISTLER: Opposed nay. Motion passes. (Motion passes 7-0)
MAYOR DISTLER: Item Number 2 is to Conduct a Public Hearing to Consider Projects for the 2016 Community Development Block Grant Annual Plan.

This is the second of two required public hearings to consider proposed projects for the Community Development Block Grant (CDBG) funds in an estimated amount of $240,348. There are three actions required. The first action is to conduct a public hearing. Do I have a motion?

COUNCILMEMBER SANDIFER: Motion to conduct a public hearing.

COUNCILMEMBER VAUGHT: Second.

MAYOR DISTLER: A motion has been made and seconded. All those in favor say aye.

COUNCILMEMBERS: Aye.

MAYOR DISTLER: Opposed nay. Motion passes. (Motion passes 7-0)

We are now in a public hearing. This is a formal public hearing required by law. The public hearing will begin with a presentation by Planning Director Paul Chaffee. After Mr. Chaffee’s presentation, I will ask the Councilmembers if they have any questions specifically related to the presentation. I will then ask if there are any comments from the public. If anyone from the audience would like to speak during the public hearing, please raise your hand and I will recognize you to come forward. Following public comments, I will ask for a motion to close the public hearing. Once the public hearing is closed, we will have a Council discussion, followed by a motion.

Mr. Chaffee, please go ahead.

MR. CHAFFEE: Paul Chaffee, Planning Director. The City is required to hold public hearings on the proposed use of Community Development Block Grant funds. This year the City will submit an annual plan for the use of CDBG funding. The amount to be awarded will be calculated by HUD in March and April of 2016. The City expects to receive approximately $240,348 based on our 2015 allocation. And since we don’t know our allocation yet, they have us use the allocation from the previous year, so it may change a little bit one way or another when we get the announcement next spring.

The Governing Body conducted a public hearing on the proposed use of 2016 Community Development Block Grant funds at the August 24th, 2015 meeting. The Governing Body chose to include the following activities in the 2016 Community Development Block Grant request. Barton Street improvements from 66th Terrace to 67th Street, Minor Home Repair Program, Salvation Army, YMCA of Greater Kansas City, Johnson County Parks and Recreation, Catholic Charities of Johnson County. And Salvation Army and Catholic Charities are for subsistence payments just for Shawnee residents and households. And the funding for YMCA of Greater Kansas City and Johnson County Parks and Recreation are subsidized payments for childcare activities.

MAYOR DISTLER: Does anyone from the Council have any questions? Anyone in the audience that would like to speak to this item?
MAYOR DISTLER: The next action is to close the public hearing. I will accept a motion.

COUNCILMEMBER VAUGHT: Move for approval.

COUNCILMEMBER SANDIFER: Second.

MAYOR DISTLER: A motion has been made and seconded. All those in favor say aye.

COUNCILMEMBERS: Aye.

MAYOR DISTLER: Opposed nay? Motion passes. (Motion passes 7-0) MAYOR DISTLER: The final recommended action is to consider approving projects and authorize the Mayor to sign the 2016 CDBG application to include Barton Street Improvements - 66th Terrace To 67th Street, Minor Home Repair Program, Salvation Army, YMCA of Greater Kansas City, Johnson County Parks and Recreation, and Catholic Charities of Johnson County.

Is there any discussion from the Council? Anyone from the audience that would like to speak to this item? I will accept a motion.

COUNCILMEMBER KENIG: So moved.

COUNCILMEMBER SANDIFER: Second.

MAYOR DISTLER: A motion has been made and seconded. All those in favor say aye.
COUNCILMEMBERS: Aye.

MAYOR DISTLER: Opposed nay? Motion passes. (Motion passes 7-0)

MAYOR DISTLER: Item Number 3 is to Consider a Resolution Amending Resolution No. 1739 and an Ordinance Authorizing the Issuance of Federally Taxable Private Activity Revenue Bonds (IRBs) for Westmor Industries, LLC Project in the Principal Amount not to Exceed $3,900,000.

On September 22, 2014, the Governing Body adopted Resolution No. 1739 declaring the City's intent to issue IRBs in the principal amount not to exceed $3,900,000 for a new commercial building to be located at 8225 Monticello Terrace. The Resolution expires on September 30, 2015, and the Company has asked the City for an extension. A new resolution is required and an Ordinance to authorize the issuance of the bonds.

There are two recommended actions. The first is to consider adopting a Resolution extending the expiration of Resolution No. 1739 to November 15, 2015. And the second is to consider passing an Ordinance issuing the bonds and authorizing the signing of the other agreements and documents. If approved, an Ordinance number will be assigned.

Is there any discussion from the Council? Anyone from the audience who would like to speak to this item?
MAYOR DISTLER: I will accept a motion on the first action.

COUNCILMEMBER SANDIFER: Move for approval for A.

COUNCILMEMBER NEIGHBOR: Second.

MAYOR DISTLER: A motion has been made and seconded on this item. All those in favor say aye.

COUNCILMEMBERS: Aye.

MAYOR DISTLER: Opposed nay. Motion passes. (Motion passes 7-0)
[Clerk Note: Having passed, Resolution No. 1761 was assigned.] MAYOR DISTLER: I will accept a motion on the second action.

COUNCILMEMBER NEIGHBOR: So moved.

COUNCILMEMBER SANDIFER: Second.

MAYOR DISTLER: A motion has been made and seconded on this item. All those in favor say aye.

COUNCILMEMBERS: Aye.

MAYOR DISTLER: Opposed nay. Motion passes. (Motion passes 7-0) [Clerk Note: Having passed, Ordinance No. 3132 was assigned.]

G. STAFF ITEMS

MAYOR DISTLER: The next item is G. Staff Items. Item Number 1 is to Consider Approving the Bid and Awarding a Contract for the Johnson Drive and Woodland Intersection Improvement Project, P.N. 3399. Sealed bids were opened on August 19th, 2015 and staff is recommending awarding the contract to Mega Industries, Kansas City, MO, in the amount of $368,475.50.

The recommended action to consider approving the agreement. Is there any discussion from the Council? Anyone from the audience who would like to speak to this item? I will accept a motion.

COUNCILMEMBER MEYER: Move for approval.

COUNCILMEMBER VAUGHT: Second.

MAYOR DISTLER: A motion has been made and seconded on this item. All those in favor say aye.

COUNCILMEMBERS: Aye.

MAYOR DISTLER: Opposed nay. Motion passes. (Motion passes 7-0)
MAYOR DISTLER: Item Number 2 is to Consider Options for Roof Repairs at the Public Works Building Located at 19210 Midland Drive.

The Governing Body reviewed this item on April 27, 2015, and requested that staff research more economical options. Staff has worked with RTI Consultants to prepare several options to consider. Caitlin Gard, Assistant Public Works Director, will talk through those options. The recommended action is to consider approving an option to address roof repairs at the Public Works Building located at 19210 Midland Drive.

Ms. Gard?

MS. GARD: Thank you. Good evening. Caitlin Gard, Public Works. We do have three options for -- with the request for a recommendation from the Governing Body to approve one of the options at the Midland Drive Public Works Facility. This facility is used for vehicle and equipment storage and also the Parks Department does use it for some bicycle storage and repairs. There are two areas on the roof that we have presented to the City Council before in April with the recommendation. And this is the first recommendation in your packet, to replace the entirety of those two roof areas. It’s about 1,500 square feet worth of roof that we’re requesting that needs either repair or replaced. The full replacement of the roof would be about $35,000 with a 20-year warranty. The second recommendation, or the second option for you to consider is to repair just sections of the roof, so it would be more of a cut-out type situation with just the damages. It would also be asbestos abatement. And that is $25,000, or if the Governing Body does not wish to abate the asbestos, it would be about $22,000, and then there could also be no action taken on the roof. Are there any questions?

MAYOR DISTLER: Mr. Sandifer.

COUNCILMEMBER SANDIFER: If we did this in sections, how much more money would we spend on doing the roof?

MS. GARD: Option Two is to just replace the damaged sections as they are currently as recommended.

COUNCILMEMBER SANDIFER: But that’s just a temporary patch.

MS. GARD: Correct. Just for the damaged parts right now.

COUNCILMEMBER SANDIFER: So, we would end up spending probably a third more in the long run of doing this or just do it right the first time.

MS. GARD: Possibly.

MAYOR DISTLER: Mr. Neighbor.

COUNCILMEMBER NEIGHBOR: I go back to the Oil filter advertisement. You know, you’re going to pay me now, you’re going to pay me later, but you are going to pay me. I think we should do this. I’m for Number One. I think we do it, do it right, it’s done. And that way if, in fact, we do sell the building someplace down the road this is all taken care of because if we don’t do the asbestos and the mold, we would have to do that if we sold the building and I would assume probably cost us more money.

MAYOR DISTLER: Is there anyone from the audience that would like to speak on this item? I will accept a motion.

COUNCILMEMBER NEIGHBOR: I move that we adopt – where’d it go? I move we replace the entirety of the roofs, Areas B and C, which is Option Number 1.

COUNCILMEMBER KENIG: Seconded.

COUNCILMEMBER SANDIFER: A, B and C.

COUNCILMEMBER NEIGHBOR: A, B, and C, excuse me.

MAYOR DISTLER: A motion has been made and seconded on this item. All those in favor say aye.

COUNCILMEMBERS: Aye.

MAYOR DISTLER: Opposed nay. Motion passes. (Motion passes 7-0)

H. MISCELLANEOUS ITEMS

MAYOR DISTLER: The next item is H, Miscellaneous Items. Item Number 1 is to Ratify the Semi-Monthly Claim for September 28, 2015 in the Amount of $1,307,015.94. Is there any discussion from the Council? Anyone from the audience that would like to speak to this item? I will accept a motion.

COUNCILMEMBER JENKINS: Move for approval.

COUNCILMEMBER NEIGHBOR: Second.

MAYOR DISTLER: A motion has been made and seconded on this item. All those in favor say aye.

COUNCILMEMBERS: Aye.

MAYOR DISTLER: Opposed nay. Motion passes. (Motion passes 7-0)

MAYOR DISTLER: Miscellaneous Council Items. Does anyone on the Council have an item they would like to discuss? Mr. Jenkins and then Mr. Neighbor.

COUNCILMEMBER JENKINS: Yes, I just had one item. We got a letter from the folks at CLO, the Community Living Opportunities Incorporated, expressing some interest in us taking a look at our way of selecting CDBG funding applicants. I thought there was some items in there that maybe would be appropriate to be discussed by the Council at perhaps at our next Council Committee meeting. I’d like to see that added to it as something that we’re going to discuss.

MAYOR DISTLER: I don’t know that we would discuss it at a Committee meeting, would we?

DEPUTY CITY MANAGER CHARLESWORTH: We could certainly discuss it at a Committee meeting. I’d have to look at the agendas and see. They’re getting pretty full towards the end of the year.

COUNCILMEMBER JENKINS: Well, I’m not too concerned about the speed on this because we’ve got quite a while before it comes up again.

DEPUTY CITY MANAGER CHARLESWORTH: Okay.

MAYOR DISTLER: Okay.

COUNCILMEMBER JENKINS: But between now and the time we deal with this issue again it would be kind of good to go over this –

MAYOR DISTLER: Okay.

COUNCILMEMBER JENKINS: -- and see if we need to adjust anything.

DEPUTY CITY MANAGER CHARLESWORTH: We’ll add it to the list.

MAYOR DISTLER: Thank you.

COUNCILMEMBER JENKINS: Thank you.

MAYOR DISTLER: Mr. Neighbor.

COUNCILMEMBER NEIGHBOR: Yes, several things. Number one, those of you that went to the bar-b-que over the weekend, it looked like everybody was having a really, really, really good time. And also kudos to the Parks and Rec and the people at Old Shawnee Town by, other than the Johnny’s thing by 6:30 Saturday night it didn’t look like several thousand people had been partying through there. Anyway that being said, this Friday at the Civic Centre is the German -- Shawnee German Club is putting on Oktoberfest, lots of bratwurst. Saturday morning is the Scarecrow Get Together here at City Hall at nine and then all of you runners don’t forget Sunday morning at 9:00 a.m. is the Glazer 5K at Station 71.

MAYOR DISTLER: Thank you.

COUNCILMEMBER VAUGHT: (Inaudible)

COUNCILMEMBER NEIGHBOR: We retired runners, they like us to go cheer.

COUNCILMEMBER JENKINS: The retired runners are okay? They’re welcome?

COUNCILMEMBER NEIGHBOR: Yeah.

MAYOR DISTLER: If there are no –

COUNCILMEMBER KENIG: I’ll be one of those, so you can come cheer me on.

COUNCILMEMBER MEYER: Yeah. Same.

COUNCILMEMBER SANDIFER: Are you running?

I. ADJOURNMENT

MAYOR DISTLER: If there are no other items, I will accept a motion to adjourn.

COUNCILMEMBER SANDIFER: Motion to adjourn.

COUNCILMEMBER VAUGHT: Second.

MAYOR DISTLER: A motion has been made and seconded to adjourn. All those in favor say aye.

COUNCILMEMBERS: Aye.

MAYOR DISTLER: Opposed nay. Motion Passes. (Motion passes 7-0). We are adjourned. Thank you.
(Shawnee City Council Meeting Adjourned at 7:51 p.m.)


CERTIFICATE

I certify that the foregoing is a correct transcript from the electronic sound recording of the proceedings in the above-entitled matter.

/das September 30, 2015

Deborah A. Sweeney, Recording Secretary

APPROVED BY:

_______________________

Stephen Powell, City Clerk





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