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CITY OF SHAWNEE
CITY COUNCIL MEETING
MINUTES
March 14, 2016
7:30 P.M.

Michelle Distler - Mayor

Councilmembers Present Staff Present
Councilmember NeighborCity Manager Gonzales
Councilmember PflummAssistant City Manager Killen
Councilmember JenkinsCity Clerk Powell
Councilmember KemmlingFinance Director Rogers
Councilmember Meyer City Attorney Rainey
Councilmember SandiferPlanning Director Chaffee
Councilmember Kenig Development Services Dir. Wesselschmidt
Deputy Parks and Recreation Dir. Lecuru
Councilmembers AbsentPublic Works Director Whitacre
Councilmember VaughtAsst. Public Works Director Gard
Police Chief Moser
Fire Chief Mattox
Sr. Project Engineer Lindstrom
Communications Manager Ferguson
Management Analyst Schmitz
Recreation Specialist – Aquatics Keenan
Manager Parks and Facilities DeGraeve
Sr. Project Engineer Schnettgoecke
Sr. Project Engineer Moeller-Krass
(Shawnee 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 and I will be chairing this meeting.

I will do a roll call at this time. Councilmember Neighbor.

COUNCILMEMBER NEIGHBOR: Present.

MAYOR DISTLER: Councilmember Pflumm.

COUNCILMEMBER PFLUMM: Present.

MAYOR DISTLER: Councilmember Jenkins.

COUNCILMEMBER JENKINS: Present.

MAYOR DISTLER: Councilmember Kemmling.

COUNCILMEMBER KEMMLING: Present.

MAYOR DISTLER: Councilmember Vaught is absent. 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 stand and join us in the Pledge 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 on the podium to ensure we have an accurate record of your name and address.

I would also like to remind Councilmembers to wait to be recognized before speaking. When you are recognized, be sure to turn on your microphone. Please turn the microphone off when you are done speaking.

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 the listening audience will have a clear and accurate record of the vote.

C. CONSENT AGENDA

1. APPROVE MINUTES FROM THE CITY COUNCIL MEETING OF FEBRUARY 22, 2016.
2. APPROVE MINUTES FROM THE COUNCIL COMMITTEE MEETING OF FEBRUARY 22, 2016.
3. REVIEW MINUTES FROM THE PLANNING COMMISSION MEETING OF FEBRUARY 17, 2016.
4. CONSIDER ACCEPTANCE OF DEDICATION OF LAND FOR PUBLIC PURPOSES CONTAINED IN FP-04-16-02; FINAL PLAT OF QUIKTRIP STORE NO. 0264, A ONE LOT COMMERCIAL SUBDIVISION, LOCATED IN THE 10700 BLOCK OF SHAWNEE MISSION PARKWAY.
5. CONSIDER ACCEPTANCE OF DEDICATION OF LAND FOR PUBLIC PURPOSES CONTAINED IN FP-05-16-02; FINAL PLAT OF HILLS OF FOREST CREEK, FIFTH PLAT, A PLANNED SINGLE FAMILY RESIDENTIAL SUBDIVISION, LOCATED IN THE 6100 BLOCK OF LAKECREST DRIVE.
6. CONSIDER ACCEPTANCE OF DEDICATION OF LAND FOR PUBLIC PURPOSES CONTAINED IN FP-06-16-02; FINAL PLAT OF GREY OAKS COMMERCIAL, 4TH PLAT, A 1 LOT COMMERCIAL SUBDIVISION, LOCATED IN THE 5600 BLOCK OF SILVERHEEL.
7. CONSIDER SUPPLEMENTAL AGREEMENTS NO. 2 WITH THE KANSAS DEPARTMENT OF TRANSPORTATION FOR THE INSPECTION OF THE K-7 CORRIDOR PROJECT AT 43RD STREET AND 75TH STREET, P.N. 3369.

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 SANDIFER: Motion to approve.

COUNCILMEMBER PFLUMM: 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)

[Therefore, the motion was made by Councilmember Sandifer and seconded by Councilmember Pflumm to approve the Consent Agenda. The motion passed 7-0.]

D. MAYOR’S ITEMS

MAYOR DISTLER: The next item is Mayor’s Items, which it appears we will be temporarily postponing.

(This was postponed until after Business from the Floor.)

MAYOR DISTLER: So, I see our guests have arrived, so I’ll go back to Mayor’s Items. And tonight I have a special welcome. We have been honored these past few days to host Kerry County Councilor, Chairman of the Listowel Municipal Area Jimmy Maloney and our dear friend Damian Stack from our Sister City of Listowel, Ireland.

This is Chairman Maloney's first visit to Shawnee, and we hope it has been both educational and enjoyable. I know that I personally have found it educational and enjoyable to visit with him and learn about the structure and processes of the government in Ireland. I am always intrigued with the differences, but I am probably more intrigued with how much people all over the world are the same, and those of us who work in communities, whether in Kansas or in County Kerry, we are really working to achieve the same thing, and that’s to keep people safe, providing good infrastructure, and creating a good quality of life for our citizens.

And I had the honor of presenting Jimmy with a Key to the City on Friday night at the Irish Club Reception. But I wanted to make an official welcome as part of our Council Meeting tonight. And, Chairman Maloney, would you like to come forward and say a few words.

MR. MALONEY: Can I speak from here? So, yeah, I’d just like to thank the Council and thank, Michelle, and the people of Shawnee for the welcome they’ve given us over the last few days. It’s my first time coming here and I certainly will be coming back. It’s just been fantastic hospitality and generosity shown both to myself and Damian, and the people who have been coming from Listowel over the last number of 20 years, 23 years. I think as Michelle said, it’s really -- there’s a lot of differences, but again, everyone wants the same goal no matter part of the world they’re living in. So, and we work hard and we try to do our best most of the time, sort of -- and we keep it going. So, really I just, again, I think the welcome is outstanding and that’s something I’ll be bring back definitely to Listowel and to Kerry. I think the previous speaker was -- actually he said something interesting, would Shawnee be a destination city. And I’ll certainly be going back and telling my friends to go there. So, that’s one happy voter anyway.

MAYOR DISTLER: When you go to America, go to Shawnee, Kansas.

MR. MALONEY: But don’t worry, Michelle, I won’t run over here. And so again, I just -- something I said, I said it’s popularized in Ireland, in Irish it’s “Céad míle fáilte,” it’s a “hundred thousand welcomes.” And certainly we’re getting the céad míle fáilte here in Shawnee and Kansas. So again, go raibh maith agat, thank you very much, and hope to you see you all again, soon. Thank you.

MAYOR DISTLER: Thank you so much.

(Applause)

MAYOR DISTLER: Thank you so much. And we have thoroughly enjoyed having you here in Shawnee. And, yes, please send everyone from Ireland over to visit and keep returning yourself. And good luck with your government work in Listowel and have safe travels home tomorrow, right?

MR. MALONEY: Yes.

MAYOR DISTLER: Okay. Thank you.

(Meeting continued to Public Items)

E. BUSINESS FROM THE FLOOR

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

MR. ERLICHMAN: Ray Erlichman, (Address Omitted), Shawnee. Good evening, Madam Mayor and members of the Governing Body. The reason why I’m here tonight is because of something that’s been bothering me for a while. A lot of things have bothered me for a while. In the recent history of the City, the 10 Quivira Plaza was sold and it was sold for a very nice profit. And that’s good because that’s what our form of economics are. Capitalism. You buy something, you invest in it, you sell it and you make money. But in doing so the citizens of our city are still paying an increased sales tax for that. And when this came up a couple years ago I remember standing here and saying, gee, it would be nice if we’re going to make that investment that if it gets sold for a profit that we at least get our money back. And I was told, oh, we can’t do that. We’re not an investor. We’re a government -- we’re a city, municipality. I would suggest that those who think like that grab a copy of Merriam-Webster’s and look up the word “investor.” We most definitely are investors in any of these tax incentive type programs. So, that was bothering me that we couldn’t recoup it. And as far as I understand, because I did ask for information from the City, our contribution will be paid off earlier than expected. It’s only supposed to last another six to seven years. But our people are still paying for that. And the builder walked away with a lot of money. So much so that it was considered to be one of the major shopping centers of its kind in Johnson County per our economic and development commission.

Another thing that is concerning me is the Shawnee Parkway Plaza. Now, I apologize because I didn’t do all my research on this one. If I remember correctly there was a provision in the incentive package that they had to have 90 percent of the shopping center had to be new or additional locations of additional – of additional locations of existing Shawnee businesses. They couldn’t just hijack from one shopping center and bring it in. And the primary reason for that shopping center, as far as I can tell, still hasn’t even opened up their doors. They’re not even ready. So, I’d like to know what the status of that 90 percent is and exactly what our provisions for coming back, or getting some of the funding back.

Well, anyway, a lot of this falls onto clawbacks on tax incentives. So, I did a Google search and my eyeballs popped. If I was to download each and every document that I found, and I’m not joking, I’m not exaggerating, I would have needed a U-Haul to bring them in here. So, I downloaded one. And I’ve made enough copies so that the City Clerk can hand out one to each and every one of you on the Governing Body and one for the media. And I’m not going to read the whole thing to you because that would be very boring. But I would like to read one particular sentence. Now, what was this document? It was from the Institute on Taxation and Economic Policy from their senior analyst and it was presented to the National Conference of State Legislatures. Now, take it away so you can get my attention back over here. And the sentence that I wanted to bring out was, “Unfortunately, despite the enormous expenditures being made on these programs, the evidence suggests that tax incentives are of little benefit to the states and localities that offer them and that they are actually a drag on national economic growth.” Now, when you get this, if you go to the last page, you will see that this gentleman has provided a lot of reference material. When you couple this with all the other items out there on clawbacks I think you might find some interesting reading.

Last month at the Mayor’s Third Thursday, a gentleman sitting next to me asked a question. And it was a good question and I thought it was a valid question. He said, will Shawnee ever be a destination city or will we just continue to be a bedroom suburb. Now, you know, being a bedroom suburb is not necessarily the worst thing in the world if we have the right mixture of residences and the appropriate businesses to support them. We have a lot of land that would be nice to use for a destination, you know, point, but it’s my understanding that a lot of that land would be -- cost literally tens of millions of dollars to open up for infrastructure, for utilities, et cetera. So, maybe we shouldn’t be so concerned about some of the commercial aspects coming into the City. I don’t know. That’s something that people that have more knowledge on that subject than me might want to look at.

But I would like to see is I’d like to see somebody, or maybe more than one on the Council ask staff to provide two things going forward for review. Number one, to do a review and obtain information on what possible clawbacks could be available to the City, especially if we have another situation like 10 Quivira Plaza where they made a fortune and our people are still paying the sales taxes. And the other thing, I’d like to see a review on the Shawnee Parkway Plaza regarding that 90 percent fill and how it affects any monies that might be due back to the City. So, if anybody on the Council wants to ask staff to do that I’d appreciate it. I cannot ask that question, I’m just a citizen of the community. Thank you for your time.

MAYOR DISTLER: Thank you. Okay. Is there anyone else from the audience that would like to bring up something that’s not on tonight’s agenda? Okay.

COUNCILMEMBER PFLUMM: Actually Ray did bring up a couple of good points there if, you know, we want staff to look into that, I think it would be good.

MAYOR DISTLER: Okay. So, are you asking that?

COUNCILMEMBER PFLUMM: Yes.

MAYOR DISTLER: Okay.

COUNCILMEMBER PFLUMM: I don’t know if I have to make a motion or if we have to -- but anyway, I mean, I think it would be a good idea.

MAYOR DISTLER: Do you need a motion or --

CITY MANAGER GONZALES: The question regarding the ten percent is an easy one. That’s just a square footage and we’ve run that before, so we have that. Question regarding research on all the possible clawbacks that could ever be done is pretty broad and honestly don’t -- we would have to hire someone to do that. We have -- we did during the sale of 10 Quivira, I know we asked Kutak Rock to present us information on whether or not we had any ability to restrict that sale, so we may still have that information from them and maybe that would be a good first start without engaging someone else and spending some money doing a whole lot of broad research.

COUNCILMEMBER PFLUMM: Right. And I’m not looking for something really broad. I mean, but, you know, what possible issues are there. And then when a particular project comes up, then we might look at it in a little more detail.

MAYOR DISTLER: So, I see our guests have arrived, so I’ll go back to Mayor’s Items.

F. PUBLIC ITEMS

1. CONDUCT A PUBLIC HEARING TO CONSIDER COST BENEFIT ANALYSIS RELATED TO THE ISSUANCE OF PRIVATE ACTIVITY REVENUE BONDS FOR FEDERATED RURAL ELECTRIC INSURANCE EXCHANGE.

MAYOR DISTLER: The next item on the agenda is Public Items. Item Number 1 is to Conduct a Public Hearing to Consider Cost Benefit Analysis Related to the Issuance of Private Activity Revenue Bonds for Federated Rural Electric Insurance Exchange.

a) Conduct a public hearing on the Cost Benefit Analysis.

MAYOR DISTLER: There are two actions required for this item. The first is conduct a public hearing to consider the Cost Benefit Analysis. I will accept a motion.

COUNCILMEMBER PFLUMM: So moved.

COUNCILMEMBER MEYER: 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)
[Therefore, the motion was made by Councilmember Pflumm and seconded by Councilmember Meyer to conduct a public hearing to consider the cost benefit analysis. The motion passed 7-0.]

We are now in a public hearing. This is a formal public hearing required by law. This public hearing will begin with a presentation by Andrew Nave, Executive Director for the Shawnee Economic Development Council. After Mr. Nave’s presentation I’ll ask Councilmembers if they have any questions specifically related to the presentation. I will then ask if there are any comments from the public.

MR. NAVE: Thank you, Mayor, members of the Council. As you recall last month you all approved a Resolution of Intent and a SEED program and an excise tax abatement program for Federated Rural Electric Insurance Exchange. I’m still getting good at saying that great title. But very excited about this project and welcoming considerable new investment in Shawnee. As just a quick recap of the team. We had Mr. Birkeness from the company here last month. Here tonight with us is Pete Heaven from Lathrop & Gage. There’s questions that I can answer and then more of their team on the project.

I wanted to review just a little bit for your recollection of this project. At roughly 79th and Renner we’re receiving a 36,000 square foot Class A office building. This investment will bring 60 jobs at over a $50,000 a year salaries, so a great new investment. A world headquarters for Federated, which we’re very proud of. As you can the -- and I think some of this was passed out to you at the least meeting, but a great new office investment in our community. I won’t go over the details of that site plan, but kind of the southwest corner of -- or sorry, the northeast corner on the southwest part of the site, but the northeast corner of 79th and Renner right across the street from Shawnee Mission Park is where we’re talking about.

As you all have done many times before with the issuance of Economic Development Revenue bonds we are required by law to do a cost benefit analysis. That cost benefit analysis utilizes and input-output model which basically takes a lot of the inputs from the company, the size of their investment, the number of jobs, the types of jobs, the salaries of those jobs, even gets a lot of detail about the construction worker salaries. It’s gets into a lot of detail. It’s about an eight-page application that they fill out a lot of data sets and data points on. And then it generates a cost benefit. And it really gives a full picture of what does this investment do in our community. So, I have that full report. Happy to answer questions.

This is just kind of recap of -- from the City’s perspective some of those returns on investment. There’s roughly $1.4 million and that’s not just direct real estate taxes by this company, by this new building, but a lot of spinoff investment with these 50 employees going down the hill to Westglen shopping center and eating at restaurants and that sales tax that’s generated. So, generates a lot of indirect costs as well. You can see the costs for a cost benefit ratio of 1.7, 3 to 1, which is very strong in line with our other approved abatements. A payback period of five years. Also the other taxing jurisdictions, including the school district all receive very favorable results as well. The school district’s payback period is at six years. So, well within the range of what we’ve seen in other projects and all very positive. So, with that, happy to answer any questions that you might have.

MAYOR DISTLER: Does anyone on the Council have any questions?

COUNCILMEMBER JENKINS: Just a brief comment.

MAYOR DISTLER: Mr. Jenkins.

COUNCILMEMBER JENKINS: You through me for a little bit of a loop, Andrew, on these numbers and then I got it figured out.

MR. NAVE: Okay.

COUNCILMEMBER JENKINS: But just FYI on that page 43 here. You had the corporate and personal income taxes to the state of Kansas as $105,739.85. A zero got dropped off apparently.

MR. NAVE: Well, that’s --

COUNCILMEMBER JENKINS: Fortunately I was able to figure out later when I got one of these back tables that it was showing ten million a year and I go, okay, we must have just lost a zero.

MR. NAVE: Yeah. It’s actually a very big number. And some of that was because we used an estimate based on revenue to project some of these things. So, this company, because of the nature of the industry they’re in, they actually generate quite a bit of revenue. But again, that’s a model, that’s a statistical model. That’s not an actual hard and specific tax revenue that the state will use. This is an estimate based on the model that they presented us.
COUNCILMEMBER JENKINS: Yeah. The state appears to do very well at 166.38 to 1 ratio.

MR. NAVE: And I would say, Eric, that’s rare for doing these cost benefit analyses. Again, that’s a function more of their revenue, their corporate revenue.

MAYOR DISTLER: Any other questions from the Council? Are you asking one, Mr. Neighbor?

COUNCILMEMBER NEIGHBOR: Yeah. I just wanted to make a statement.

MAYOR DISTLER: Oh, okay.

COUNCILMEMBER NEIGHBOR: Yeah. No question. I think the benefit ratio is real good and I like the idea it’s just a five-year payback, so we can get it on -- good business. Get the people here and then get them on the rolls real fast. Thank you.

b) Conclude public hearing

MAYOR DISTLER: Is there anyone from the audience that would like to speak to this item? Okay. Seeing none, the second action is to close the public hearing. And I will accept a motion.

COUNCILMEMBER PFLUMM: Move to conclude the public hearing.

COUNCILMEMBER JENKINS: 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). The public hearing is now closed.
[Therefore, the motion was made by Councilmember Pflumm and seconded by Councilmember Jenkins to conclude the public hearing. The motion passed 7-0.]

2. CONSIDER A RESOLUTION AND ORDINANCE AUTHORIZING THE ACQUISITION OF PROJECT EASEMENTS FROM THE WOODLAND PARK HOMES ASSOCIATION FOR THE CONNECT SHAWNEE PROJECT, P.N. 3412.

MAYOR DISTLER: Item Number 2 is to Consider a Resolution and Ordinance Authorizing the Acquisition of Project Easements from the Woodland Park Homes Association for the Connect Shawnee Project, P.N. 3412.

The City was awarded $458,500 in 2015 Kansas Transportation Alternatives funds for the Connect Shawnee project. One of the trail connections in the Woodland Park subdivision requires easements to complete the work. Staff is working with the Homes Association to obtain the necessary easements. However, in order to keep the project on schedule, staff is seeking authorization to use eminent domain if required. A Resolution and Ordinance are required.

a) Consider adopting a Resolution declaring it necessary to appropriate private property for the use of the City for the purpose of conducting recreational trail improvements in the Woodland Park subdivision 4th plat, connecting 64th street North to Gamblin Park, and authorizing a survey and description of the land or interest to be acquired.

MAYOR DISTLER: The first recommended action is to consider adopting a Resolution declaring it necessary to appropriate private property for the use of the City for the purpose of conducting recreational trail improvements in the Woodland Park, connecting 64th Street North to Gamblin Park, and authorizing a survey and description of the land or interest to be acquired.

Does anyone on the Council have any questions? Mr. Pflumm.

COUNCILMEMBER PFLUMM: Ellis, could you explain the friendly eminent domain a little better.

MR. RAINEY: The project was actually requested by the Homes Association. Oh, boy, I’m losing the date, Bert, two, three, four years ago. The project was requested by them. They just under their declaration docs, they don’t have authority to convey the easements we need. So, we have to -- unless we get the consent, 292 owners and the consent requires two-thirds.

COUNCILMEMBER PFLUMM: Right.

MR. RAINEY: So, we may not get it. If we get it in time, great. We don’t want to have to go through the condemnation process because we don’t want to pay the costs. We don’t want to pay the appraisers. We don’t want to pay the legal fees. We don’t want any part of that. But if by any chance we run close to losing these federal funds by not having easements secured in time, then we will go to the court and ask for the court to appoint the appraisers and we’ll go through the typical process. So, it’s not like a typical property owner who objects to the condemnation or does not want the project or does not want to grant the easements, the Homes Association just legally under their declaration documents they grant them without the two-third vote.

COUNCILMEMBER PFLUMM: Okay. Thank you.

MAYOR DISTLER: Any other questions from the Council? Anyone from the audience that would like to speak to this item? Okay. Seeing none, I will accept a motion.

COUNCILMEMBER MEYER: 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)
[Therefore, the motion was made by Councilmember Meyer and seconded by Councilmember Sandifer to adopt a Resolution declaring it necessary to appropriate private property for the use of the City for the purpose of conducting recreational trail improvements in the Woodland Park subdivision 4th plat, connecting 64th street North to Gamblin Park, and authorizing a survey and description of the land or interest to be acquired. The motion passed 7-0 and Resolution No. 1778 was assigned.]

b) Consider passing an Ordinance authorizing and providing for the acquisition of land or an interest therein by condemnation for the purpose of conducting recreational trail improvements in the Woodland Park subdivision 4th plat, connecting 64th street North to Gamblin Park.

MAYOR DISTLER: The second recommended action is to consider passing an Ordinance authorizing and providing for the acquisition of land or an interest therein by condemnation for the purpose of conducting recreational trail improvements in the Woodland Park, connecting 64th Street north to Gamblin Park. Does anyone on the Council have any questions? Anyone from the audience that would like to speak to this item? I’ll accept a motion.

COUNCILMEMBER PFLUMM: 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)
[Therefore, the motion was made by Councilmember Pflumm and seconded by Councilmember Sandifer to pass an Ordinance authorizing and providing for the acquisition of land or an interest therein by condemnation for the purpose of conducting recreational trail improvements in the Woodland Park subdivision 4th plat, connecting 64th street North to Gamblin Park. The motion passed 7-0 and Ordinance No. 3153 was assigned.]

G. ITEMS FROM THE PLANNING COMMISSION MEETING OF FEBRUARY 17, 2016

1. CONSIDER SUP-02-16-02; SPECIAL USE PERMIT APPROVAL FOR QUIKTRIP, A CONVENIENCE STORE WITH GAS PUMPS, LOCATED IN THE 10700 BLOCK OF SHAWNEE MISSION PARKWAY.

MAYOR DISTLER: The next item on the agenda is Items from the Planning Commission Meeting of February 17, 2016. Item Number 1 is to Consider SUP-02-16-02; Special Use Permit Approval for QuikTrip, a Convenience Store with Gas Pumps, Located in the 10700 Block of Shawnee Mission Parkway.

The Planning Commission recommended 10-0 that the Governing Body approve SUP-02-16-02, a special use permit for QuikTrip subject to the conditions listed in the staff report.

Does anyone on the Council have any questions? Mr. Pflumm.

COUNCILMEMBER PFLUMM: I don’t have any questions. I just think it’s a great project and, you know, revitalizing that area down there on Shawnee Mission Parkway, I think it’s great. But, Paul, I do have a question. It’s 10700 and that would put it on the north side, which it’s actually on the south side. So, is the address just wrong?

MR. CHAFFEE: It’s the 10700 block.

MAYOR DISTLER: Block.

COUNCILMEMBER PFLUMM: Oh, so it’s just -- okay. Gotcha. I’m okay with it.

MAYOR DISTLER: Any other questions from the Council? Mr. Neighbor.

COUNCILMEMBER NEIGHBOR: Just a quick comment. Looking at the site plan, I like the idea of the buffering and the green space and the other consideration of the area behind there as far as the planning goes. I agree with Dan, I think it’s going to be a good project for that area and hopefully jumpstart it with other development.

MAYOR DISTLER: Absolutely. Mr. Sandifer.

COUNCILMEMBER SANDIFER: And as I said before the meeting, thank you for bringing it to our City. It definitely will help dress up the City in that part of town. Thank you.

MAYOR DISTLER: Okay. Does anyone from the audience like to speak to this item? Seeing none, I will accept a motion.

COUNCILMEMBER JENKINS: Move for approval.

COUNCILMEMBER PFLUMM: Second.

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

COUNCILMEMBERS: Aye.
MAYOR DISTLER: Opposed nay. Motion passes. (Motion passes 7-0)
[Therefore, the motion was made by Councilmember Jenkins and seconded by Councilmember Pflumm to approve SUP-02-16-02 subject to the conditions listed in the staff report. The motion passed 7-0.]

2. CONSIDER EXTENSION OF SUP-13-08-10, THE SPECIAL USE PERMIT PREVIOUSLY ISSUED TO DEFFENBAUGH INDUSTRIES, TO ALLOW A SANITARY LANDFILL IN THE PLANNED INDUSTRIAL ZONING DISTRICT, GENERALLY LOCATED ON THE SW CORNER OF INTERSTATE 435 AND HOLLIDAY DRIVE.

MAYOR DISTLER: Item Number 2 is to Consider Extension of SUP-13-08-10, the Special Use Permit Previously Issued to Deffenbaugh Industries, to Allow a Sanitary Landfill in the Planned Industrial Zoning District, Generally Located on the Southwest Corner of Interstate 435 and Holliday Drive. The Planning Commission voted 10-0 to recommend that the Governing Body extend SUP-13-08-10 for a period of three months subject to the conditions in the staff report, and subject to modified conditions of approval or an agreement regarding a three-year odor control plan, a litter control plan, an odor complaint procedure plan, and compliance with the applicant's pollution control plan on file with the Kansas Department of Health and Environment, prior to the next review. Planning Director Chaffee will make a brief presentation.

MR. CHAFFEE: This is a scheduled review of a Special Use Permit issued to Deffenbaugh Industries to operate a sanitary landfill. The item was considered by the Planning Commission at the February 17, 2016 meeting. During the first 18 months of this preview period, staff did receive a number of complaints usually regarding odor, but it was the same number as we had historically seen over the years. Beginning in October 2015, the number of odor complaints significantly increased. Staff also would periodically receive complaints regarding debris along I-435 and dust at the Holliday Drive and 435 South intersection.

The applicant indicated that there was an odor problem at the site. And after doing investigating work themselves and with Kansas Department of Health and Environment, it was determined that there was a landfill gas that was leaking through the side walls of a previous phase of the landfill adjacent to the current working phase. To rectify that situation the side walls were further enclosed and the side walls were brought up a little bit higher on the sides, which seemed to take care of the situation in that area. They also installed an additional temporary landfill gas collection lines and a temporary flare at that site. And when it was determined that the break had been sealed, that was no longer in operation.

But in response to continued odor complaints, Deffenbaugh Industries received approval from the Kansas Department of Health and Environment and the Bureau of Air to install 32 wells, a gas pipe collection system and a permanent flare in the current cell approximately one year ahead of schedule. The applicant received approval of the expedited well, pipeline and flare construction work began in mid-January. And some of the cause for the odor was determined to be the excessive rains that we had last spring and last fall and the inability to, even when we bring cover in, the cover was wet cover and as a result the decaying process of the trash was at an accelerated rate. So, one of the means was to get the collection system and the flaring quicker than the EPA and KDHE specifies, so this was an exception to their guidelines.

The Planning Commission discussed with the applicant the reasons why identification of the odor issues took so long, and questioned the applicant regarding their trash pickup schedule along I-435 adjacent to the landfill, as well as along Holliday Drive. One person from the public spoke to the Planning Commission regarding the potential to improve some landscaping along the west wall of the landfill. Commission members noted staff’s recommendation to schedule a review in three months. At that time, the applicant and staff shall prepare an agreement or amended conditions of approval for items. One is a three-year odor management plan. And that’s to resolve, or to plan for how we’re going to control odors in this cell that’s anticipated to be full in three years and then they’ll move on to the next cell, and I’ll talk a little bit about some pre-work that’s going to be done on that one. That’ll be part of the three-year plan. A litter control plan. Basically how often and when and where litter will be picked. An odor complaint procedure which will be a protocol as to who contacts whom when we receive complaints, what the response is going to be from Deffenbaugh back to the City, or what situations will we also go out and investigate a complaint. And compliance with the applicant’s stormwater pollution control plan. And that would deal with street sweeping the curbs and watering down the driveway coming out of the landfill site.

The commission also discussed the possibility for some increased landscaping along the west side of the berm. And their initial discussion is we’re going to wait a little bit on that until spring. The sides of the west and northwest sides of the landfill is covered with crown vetch and it’s sort of like your yard. In the wintertime it turns brown even though it’s covered. And the sapling cedar trees that are on some portions of the landfill haven’t taken root on that side, so there’s indication that there is rock very close to the top of the soil. And so the trees won’t grow in that location.

Staff has met with the applicant twice since February 17th to prepare either the amended conditions of approval or an agreement regarding the four items addressed above.

Staff notes that the applicant completed installation of the 32 wells, the landfill gas piping system and the permanent torch on February 26, 2016. Since the new system was brought on line, staff on three dates received complaints regarding odor; one occasion in the early morning of March 5th, which was verified to be a trash odor; one the morning of March 8th, and the late evening/early morning on March 10th. The complaint on March 5th was generally at the entrance at landfill, and like I said was confirmed. City staff investigated the complaint on March 8th, approximately 45 minutes after receipt and could not identify any landfill odors at the location or the surrounding area. And staff was able to detect a faint odor at the southwest corner of the landfill at the time an inspection was made prior to 8:00 a.m. A staff member had driven past the landfill, seeing the complaints that were received from the night before to determine if there was any odor that remained.

As part of the odor control plan, staff notes the applicant intends to prepare cells with a pipeline for a flare system prior to placing any trash as a measure to reduce the occurrence of odor issues the new cells. So, the next cell will be pre-laid with lines that would be necessary to collect the gas.

In addition, the applicant has provided a log documenting litter collection on I-435 and Holliday Drive. Staff notes the applicant employed 536 hours in the month of February for litter pick-up in the area. And Vicki also received a report from January, which will be an ongoing item that we’ll be receiving from Deffenbaugh. So, if we get the complaints, we can let the public know how many hours and time and dates that the trash pickup has occurred along I-435. And I think you’ll note if you’ve driven around Johnson County lately, like on 435 around Antioch and 69 Highway or driven down 69 Highway that 435 between Shawnee Mission Parkway and Holliday Drive is some of the most clean areas along medians and along the shoulders of 435.

Staff will continue working with the applicant to ensure compliance of the four areas addressed above. I did want to make a note that this morning we did receive another complaint. I went out to take a whiff so to speak and could smell the deodorizers that they use and there was also kind of the wet dirt, muddy river type of odor that could be smelled.

The Planning Commission voted 10-0 to recommend the Governing Body extend SUP-13-08-10, a special use permit issued to Deffenbaugh Industries for a period of three months, and prior to the next review preparation of either modified conditions of approval or an agreement regarding a three-year odor control plan, a litter control plan, an odor complaint procedure plan, and compliance with the applicant’s pollution control plan on file with the KDHE, as well as subject to the 41 conditions listed in the staff report.

Jim Murray from Deffenbaugh is present tonight and can answer any questions you may have specifically related to their operations.

MAYOR DISTLER: Mr. Kenig.

COUNCILMEMBER KENIG: Paul, just a quick question for you. So, the three complaints that you noted here, are those total complaints including all those that would have been submitted using the CSR system as well as phone calls in to both Deffenbaugh and the City?

MR. CHAFFEE: On March 10th, I think Vicki got a total of nine that came in overnight, so that was why she went out on her way in to work. So, that was why that was done before eight o’clock. The others were just individual complaints that had been received.

COUNCILMEMBER KENIG: Okay. Thank you.

MAYOR DISTLER: Mr. Pflumm.

COUNCILMEMBER PFLUMM: Yeah. I’ve got a question on our CSR system. I haven’t gone on there myself and done the app or anything like that, but when somebody complaints, what information on that individual are we getting? Because if someone complains, I would think that the individuals at Deffenbaugh would want to get back with those people and --

MR. CHAFFEE: Correct.

COUNCILMEMBER PFLUMM: -- you know, the whole bit. So, what do we get from that system?

MR. CHAFFEE: The See-Click-Fix is more defined rather than -- we also have the hotline, people can call in. And usually it’s just a call, I smelled the landfill odor on such and such a date. And so all we know is the log of the time. And that procedure has been in place for probably the last eight years. With the CRS it would just be a complaint system. See-Click-Fix, we can retrieve an e-mail address off of the phone when they send it in. So, Deffenbaugh has that information available from them, or if they can’t retrieve that information, generally we -- Vicki can provide that to them. It also gives us a location. And that can be good and bad sometimes. If you’re driving on your way home or somewhere and you’re on your phone doing the See-Click-Fix, it will GPS it as to where you are right at that point in time. If you wait until you get home and not play with your GPS and your phone, it’ll record then your address is going to come up or wherever you are. So, sometimes it gets a little misleading as to where the odor complaint generally is. I do want to let you know that in October and November the Wastewater District was also cleaning the sludge out of two of their ponds, so we sort of had competing odors going on for a while. So, we go out, usually in tandem, to try and smell. They’re two very distinct and different smells. And what the Wastewater District has is a series of agreements with farmers that they lay the sludge on the ground and then it’s tilled in. And numerous times when we would receive a complaint we’d go out and get behind a sludge truck or a couple times we were there while they were spreading the manure or that sludge on the ground. So, we knew that was going on in certain locations. And many of those farmers who have the agreements are located just on 43rd Street just below the Crimson Park and the Greenview Ridge subdivision. So, not that that was always the odor, but we knew that it was going on or when we get complaints out from Wilder which is in a total opposite direction and the winds, frankly, don’t blow that way, we get the complaints and we’ll go out and see where they just dumped some sludge on the side. So, there for a while, not every complaint that we got during that period was necessarily related to the landfill itself, we had something else going on.

MAYOR DISTLER: Mr. Chaffee, I had two --

COUNCILMEMBER PFLUMM: Can I add to that?

MAYOR DISTLER: Yes.

COUNCILMEMBER PFLUMM: So, I would think we would want more information on the individual, whether they’re complaining about a curb or a, you know, a smell or trash in the trees or wherever, you know what I mean?

MR. CHAFFEE: Yeah.

COUNCILMEMBER PFLUMM: Because if, I don’t know, I mean I think if they’re, you know, if we know that they are actually legit, it’s not just a guy driving down 435 and he goes by and see a -- smells a little bit a landfill. I mean, if he’s driving right next to it, I mean, --

MR. CHAFFEE: Sure.

COUNCILMEMBER PFLUMM: -- you might get an odor. And who knows if that guy even lives in Shawnee.

MR. CHAFFEE: Well, and to be honest with you we’ve always been up front. You know, this is landfill, there’s going to be odors. There are days that the odors are worse. Generally on that northeast corner there at I-435 and Holliday Drive just the way that winds blow you’ll catch a, not an overwhelming odor so to speak, but you’ll catch a whiff of some landfill gas or some trash. The other thing that -- on See-Click-Fix, there can bet a statement like, you know, the usual one we get is like the dump smells horrible. And then, of course, it’s time-coded, so we know what time that that came in. And during the day if we see that we don’t sit in front of our monitors all day watching our incoming mail. But if we see something come up we’ll go out to the general location to see if we can, you know, still see something. And to be honest with you, too, there are times when we, you know, get the complaints and we know the wind is blowing in the wrong direction from where you think that the odor would be carried and we’ll go out and take a look. One time I got a complaint out from Walmart and I didn’t smell anything out there. So, I went in and asked the greeter who is right there at the door all day long if she had smelled, you know, horrible smells in the last 45 minutes and she said she hadn’t smelled anything. You know, we just get complaints that we take seriously and we respond. So, we’re spending staff time going out and trying to investigate those.

COUNCILMEMBER PFLUMM: Thank you.

MAYOR DISTLER: And that was going to be part of my question to those as far as collecting their information. Now, on the See-Click-Fix though they can submit anonymously, right? And if they do that, we don’t have any way --

MR. CHAFFEE: That’s correct.

MAYOR DISTLER: -- of contacting them.

MR. CHAFFEE: That’s correct.

MAYOR DISTLER: Okay. So, I wanted to clarify, so it’s not that we’re not collecting the information, it’s some people choose to submit it anonymously, so then we can’t follow up with them. And then the other thing on the complaint number when you’re talking about that to make sure that I understand, to clarify. So, if several complaints come in at the same time on the same day that counts as one odor complaint since it’s all the same --

MR. CHAFFEE: Well, we’ll list it out as a nine, but that’s basically one complaint if it’s, you know --

MAYOR DISTLER: Because it’s one time.

MR. CHAFFEE: -- the complaints start coming in at 7:30 in the morning and we get several of them and then after 8:00 we’re not getting anything again --
MAYOR DISTLER: That makes sense.

MR. CHAFFEE: -- that’s like one complaint even though they may have been bundled.

MAYOR DISTLER: Right. Because it was during that time frame.

MR. CHAFFEE: Right. Right.

MAYOR DISTLER: Okay. That makes sense.

MR. CHAFFEE: Right.

MAYOR DISTLER: I just wanted to clarify that’s what –

MR. CHAFFEE: But we’d report to you that the number we received was 12.

MAYOR DISTLER: Okay.

MR. CHAFFEE: One this date, one this date, and there were nine on this date or something like that, but --

MAYOR DISTLER: Okay. Thank you. Mr. Neighbor.

COUNCILMEMBER NEIGHBOR: Yeah. I just would like to say number one, I know that the Deffenbaugh people have been very visible in the community in the last three, four months as this has gone along to answer questions. I know they work very hard to try and take care of this and have made some very good progress. I also applaud the Planning Commission for a very thorough review of this, and for them working to come up with the possible solution to these problems. I think this is an excellent example of the City and the landfill working together to try and solve the mutual problem. I look very much forward to the three-year plan that we’ll get to review here in three months. And I certainly support the three-month extension. I think everybody is working hard to solve this issue to the best it can be done. And we certainly do appreciate it.

MAYOR DISTLER: Thank you. Ms. Meyer.

COUNCILMEMBER MEYER: Yeah. I would just echo what Councilmember Neighbor said. I support the extension as well. And I know this is something that I’ve heard from many, many, many constituents about because I am on the west side of town, and I will say it has gotten markedly better, so I’m glad about that. And I’m very appreciate of Deffenbaugh’s efforts to reach out to my constituents who are concerned and really try to do whatever they can to solve it and it’s been a long few months of working through that and I appreciate their sort of constant communication through that process. So, thank you.

MAYOR DISTLER: Mr. Kenig.

COUNCILMEMBER KENIG: Yes. I’d also like to add, and not to be too redundant, but just preface my question, I’ll actually have a question for Mr. Murray in just a moment. But with thanks, the increased communication from the entire team, Jim and Lisa has been very much appreciated, especially the direct responses to some of our residents that have had individual issues. Those have been very timely which I do appreciate. And then the continued updates during the progression of the installation of the gas wells up to the 32 being installed. So, that was also very much appreciated so I could update my neighbors and residents as that was taking place, and the improvements therein. One question that I did have is we’ve had a very dry winter so far. We haven’t had a lot of precipitation. We’re heading into the spring now which, you know, could be -- we could see substantial rainfall, you know, very saturated season. And knowing that some of the problems before we due directly to the amount of rainfall we had, are there any plans or any ability that you have for us to do, or for you to do quality control analysis and to just have kind of direct eyes and ears on the ground during those very rainy days where we see a lot of rain so we can be proactive if there are odor issues starting to arise and be able to address those immediately?

MR. MURRAY: Councilmembers, Madam Mayor, Jim Murray with Deffenbaugh Industries - Waste Management, 2601 Midwest Drive. And the answer, yes, Brandon. The well field that we put in in the active site that is hooked up to a flare, we can actually adjust and tune all the wells, so in that active site if we get more rainfall on it and the gas starts generating more we can turn up the wells and get more volume through the flare. So, that’s our way of making sure that we can keep the necessary vacuum on the field to not let any of the landfill gasses escape into the atmosphere.

COUNCILMEMBER KENIG: Excellent. Is part of the plan is to make those adjustments with the weather patterns especially this spring.

MR. MURRAY: That is correct. Yes.

COUNCILMEMBER KENIG: Okay. Thank you.

MAYOR DISTLER: Any other questions from the Council? Thank you.

MR. MURRAY: Thank you.

MAYOR DISTLER: Anyone from the audience that would like to speak to this item? Okay. Seeing none, I will accept a motion.

COUNCILMEMBER PFLUMM: So moved.

COUNCILMEMBER JENKINS: 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)
[Therefore, the motion was made by Councilmember Pflumm and seconded by Councilmember Jenkins to extend SUP-13-08-10 for a period of three months, subject to the conditions in the staff report and subject to modified conditions of approval or an agreement regarding a three year odor control plan, a litter control plan, an odor complaint procedure plan, and compliance with the applicant’s pollution control plan on file with the Kansas Department of Health and Environment, prior to the next review. The motion passed 7-0.]

H. STAFF ITEMS

1. CONSIDER AUTHORIZING EMERGENCY STORMWATER REPAIR AT HOLLIDAY DRIVE AND I-435, P.N. 3416.

MAYOR DISTLER: The next item on the agenda is Staff Items. Item Number 1 is to Consider Authorizing Emergency Stormwater Repair at Holliday Drive and I-435, P.N. 3416. In October of 2015, City staff received a complaint of a dip in Holliday Drive just west of the 435 ramps. An inspection showed that the dip was due to a failing pipe underneath the road. Staff has investigated several methods of repair and is recommending spiral wound PVS and Hobas Pipe Lining with Access Steel Casing. The estimated cost of repairs is $1,000,000.

The recommended action is to consider authorizing the City Manager to proceed with emergency repairs of the Holliday Drive and I-435 Storm Drainage Pipe and Holliday Drive with SAK Construction, Inc., subject to BNSF Railroad concurrence for a total estimated cost of $1,000,000.

Does anyone on the Council have any questions? Ms. Meyer.

COUNCILMEMBER MEYER: Not really a question, but a comment. This is very necessary. My goodness, it has gotten really dippy. I don’t know what the -- yeah. Yeah. Much worse, very quickly. So, thank you.

MAYOR DISTLER: Anyone else from the Council that has any questions or comments? Anyone from the audience that would like to speak to this item? I will accept a motion.

COUNCILMEMBER MEYER: Move for approval.

COUNCILMEMBER NEIGHBOR: 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)
[Therefore, the motion was made by Councilmember Meyer and seconded by Councilmember Neighbor to authorize the City Manager to proceed with emergency repairs of the Holliday Drive and I-435 Storm Drainage Pipe and Holliday Drive with SAK Construction, Inc. subject to BNSF Railroad concurrence for a total estimated cost of $1,000,000. The motion passed 7-0.]

2. CONSIDER CHANGE ORDER NO. 2 AND NO. 3 FOR THE 2015 STORMWATER UTILITY PIPE REPAIR PROJECT, P.N. 3409.

MAYOR DISTLER: Item Number 2 is to Consider Change Order No. 2 and No. 3 for the 2015 Stormwater Utility Pipe Repair Project, P.N. 3409. On September 14, 2015, the Governing Body awarded the 2015 Pipe Repair project, which included both full pipe replacement and pipe lining repair locations, to Amino Brothers Company, Inc. Emergency repair of a pipe is now required at 73rd Terrace and Quivira. In addition, stormwater repairs are also required in the 7400 block of Woodland Drive prior to the 2016 Mill and Overlay Program.

a) Consider approving Change Order No. 2 for emergency repairs due to the Stormwater Pipe failure at 73rd Terrace and Quivira Road with Amino Brothers Company, Inc. Kansas City, Kansas in the amount estimated at $205,000.

There are two recommended actions. The first is to consider approving Change Order No. 2 for emergency repairs due to the Stormwater Pipe failure at 73rd Terrace and Quivira Road with Amino Brothers Company, Inc., Kansas City, Kansas in the amount estimated at $205,000.

Does anyone on the Council have any questions? Anyone from the audience that would like to speak to this item? I’ll accept a motion.

COUNCILMEMBER KENIG: Move for approval.

COUNCILMEMBER JENKINS: 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)
[Therefore, the motion was made by Councilmember Kenig and seconded by Councilmember Jenkins to approve Change Order No. 2 for emergency repairs due to the Stormwater Pipe failure at 73rd Terrace and Quivira Road with Amino Brothers Company, Inc. Kansas City, Kansas in the amount estimated at $205,000. The motion passed 7-0.]

b) Consider approving Change Order No 3. for repairs in the 7400 block of Woodland, with Amino Brothers Company, Inc. in the amount estimated at $60,500.

MAYOR DISTLER: The second recommended action is to consider approving Change Order No 3. for repairs in the 7400 block of Woodland, with Amino Brothers Company, Inc. in the amount estimated at $60,500.

Does anyone on the Council have any questions? Anyone from the audience that would like to speak to this item? I’ll accept a motion.

COUNCILMEMBER JENKINS: Move for approval.

COUNCILMEMBER KENIG: 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)
[Therefore, the motion was made by Councilmember Jenkins and seconded by Councilmember Kenig to approve Change Order No 3. for repairs in the 7400 block of Woodland, with Amino Brothers Company, Inc. in the amount estimated at $60,500. The motion passed 7-0.]

3. CONSIDER APPROVING PRELIMINARY PLANS AND AUTHORIZING ACQUISITION OF EASEMENTS FOR THE 52ND CIRCLE & 53RD STREET, EAST OF NIEMAN ROAD STORM DRAINAGE IMPROVEMENTS PROJECT, P.N. 3402, SMAC TC-21-071.

MAYOR DISTLER: Item Number 3 is to Consider Approving Preliminary Plans and Authorizing Acquisition of Easements for the 52nd Circle & 53rd Street, East of Nieman Road Storm Drainage Improvements Project, P.N. 3402, SMAC TC-21-071. This project is on the City's Capital Improvement Program for construction in 2016. On November 23, 2015, the Governing Body awarded a design contract to Renaissance Infrastructure Consulting. It now requires preliminary plan approval, authorization to proceed with final plans, and approval to acquire easements. The cost estimate for construction is $550,350 and is funded through SMAC funds and the City's Parks and Pipes program.

a) Approve the preliminary plans and authorize Renaissance Infrastructure Consulting to continue with design of final plans.

There are three recommended actions. The first is to consider approving the preliminary plans and authorizing Renaissance Infrastructure Consulting to continue with design of final plans.

Does anyone on the Council have any questions? Anyone from the audience that would like to speak to this item? I’ll accept a motion.

COUNCILMEMBER NEIGHBOR: So moved.

COUNCILMEMBER JENKINS: Second.

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

COUNCILMEMBERS: Aye.

MAYOR DISTLER: Opposed nay. Motion passes. (Motion passes 7-0)
[Therefore, the motion was made by Councilmember Neighbor and seconded by Councilmember Jenkins to approve the preliminary plans and authorize Renaissance Infrastructure Consulting to continue with design of final plans. The motion passed 7-0.]

b) Consider authorizing staff to acquire easements by initially offering tiered flat fees in the amounts of $400 for small TCEs, $800 for medium TCEs, $1500 for large TCEs, $3,500 for TCEs over 4,000 SF, $800 for small PDEs, $1,500 for medium PDEs, $3,000 for large PDEs, and $6,000 for PDEs over 2,000 square feet.

MAYOR DISTLER: The second recommended action is to consider authorizing staff to acquire easements by initially offering tiered flat fees for Temporary Construction Easements and Permanent Drainage Easements in various amounts depending upon size.

Does anyone from the Council have any questions? Anyone from the audience that would like to speak to this item? I’ll accept a motion.

COUNCILMEMBER NEIGHBOR: So moved.

COUNCILMEMBER KENIG: 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)
[Therefore, the motion was made by Councilmember Neighbor and seconded by Councilmember Kenig to authorize staff to acquire easements by initially offering tiered flat fees in the amounts of $400 for small TCEs, $800 for medium TCEs, $1500 for large TCEs, $3,500 for TCE’s over 4,000 SF, $800 for small PDEs, $1,500 for medium PDEs, $3,000 for large PDE’s, and $6,000 for PDE's over 2,000 square feet. The motion passed 7-0.]

c) Authorize staff to acquire easements still outstanding as of May 9, 2016 by condemnation. This will require additional Governing Body action on May 9, 2016 to adopt a resolution and ordinance to appropriate private property for the use of the City for the purpose of conducting storm drainage improvements.

MAYOR DISTLER: The final recommended action is to consider authorizing staff to acquire easements still outstanding as of May 9, 2016, by condemnation. This will require additional Governing Body action on May 9, 2016, to adopt a resolution and ordinance to appropriate private property for the use of the City for the purpose of conducting storm drainage improvements.

Does anyone on the Council have any questions? Anyone from the audience that would like to speak to this item? Seeing none, I’ll accept a motion.

COUNCILMEMBER SANDIFER: Move to approve.

COUNCILMEMBER NEIGHBOR: 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)
[Therefore, the motion was made by Councilmember Sandifer and seconded by Councilmember Neighbor to authorize staff to acquire easements still outstanding as of May 9, 2016 by condemnation. This will require additional Governing Body action on May 9, 2016 to adopt a resolution and ordinance to appropriate private property for the use of the City for the purpose of conducting storm drainage improvements. The motion passed 7-0.]

4. CONSIDER APPROVING PRELIMINARY PLANS AND AUTHORIZING ACQUISITION OF EASEMENTS FOR THE STORM SEWER IMPROVEMENTS PROJECT, 60TH STREET AND BARTON STREET – PHASE II, P.N. 3414.

MAYOR DISTLER: Item 4 is to Consider Approving Preliminary Plans and Authorizing Acquisition of Easements for the Storm Sewer Improvements Project, 60th Street and Barton Street - Phase II, P.N. 3414. This project is on the City's Capital Improvement Program for construction in 2016. It now requires preliminary plan approval, authorization to proceed with final plans, and approval to acquire easements. The cost estimate for construction is $108,100 and is funded through CDBG funds and the City's Parks and Pipes program.

a) Consider approving the preliminary plans and authorize Walter P. Moore to complete final plans for the project.

There are three recommended actions. The first is to consider approving the preliminary plans and authorize Walter P. Moore to complete final plans for the project.

Does anyone on the Council have any questions? Anyone from the audience want to speak to this item? Seeing none, I’ll accept a motion.

COUNCILMEMBER PFLUMM: Move for approval.

COUNCILMEMBER NEIGHBOR: 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)
[Therefore, the motion was made by Councilmember Pflumm and seconded by Councilmember Neighbor to approve the preliminary plans and authorize Walter P. Moore to complete final plans for the project. The motion passed 7-0.]

b) Consider authorizing staff to acquire easements by initially offering tiered flat fees in the amounts of $400 for small TCEs, $800 for medium TCEs, $1,500 for large TCEs, $2,500 for TCE’s over 5000 SF, $800 for small PDEs, $1,500 for medium PDEs, $2,000 for large PDE’s, and $5,000 for PDE's over 5,000 square feet.

MAYOR DISTLER: The second recommended action is to consider authorizing staff to acquire easements by initially offering tiered flat fees Temporary Construction Easements and Permanent Drainage Easements in various amounts depending upon size.
Does anyone on the Council have any questions? Anyone from the audience that would like to speak to this item? I’ll accept a motion.

COUNCILMEMBER PFLUMM: Move for approval.

COUNCILMEMBER NEIGHBOR: 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)
[Therefore, the motion was made by Councilmember Pflumm and seconded by Councilmember Neighbor to authorize staff to acquire easements by initially offering tiered flat fees in the amounts of $400 for small TCEs, $800 for medium TCEs, $1,500 for large TCEs, $2,500 for TCE’s over 5000 SF, $800 for small PDEs, $1,500 for medium PDEs, $2,000 for large PDE’s, and $5,000 for PDE's over 5,000 square feet. The motion passed 7-0.]

c) Consider authorizing staff to acquire temporary and permanent easements by condemnation which cannot be obtained by donation or negotiation. Condemnation will require additional Governing Body action to adopt a resolution and ordinance to acquire private property for the use of the City for the purpose of constructing and maintaining public improvements.

MAYOR DISTLER: The final recommendation action is to consider authorizing staff to acquire temporary and permanent easements by condemnation which cannot be obtained by donation or negotiation. Condemnation will require additional Governing Body action to adopt a resolution and ordinance to acquire private property for the use of the City for the purpose of constructing and maintaining public improvements.

Does anyone on the Council have any questions? Anyone from the audience that would like to speak to this item? Seeing none, I will accept a motion.

COUNCILMEMBER PFLUMM: Move for approval.

COUNCILMEMBER NEIGHBOR: Second.

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

COUNCILMEMBERS: Aye.

MAYOR DISTLER: Opposed nay. Motion passes. (Motion passe 7-0).
[Therefore, the motion was made by Councilmember Pflumm and seconded by Councilmember Neighbor to authorize staff to acquire temporary and permanent easements by condemnation which cannot be obtained by donation or negotiation. Condemnation will require additional Governing Body action to adopt a resolution and ordinance to acquire private property for the use of the City for the purpose of constructing and maintaining public improvements. The motion passed 7-0.]

5. CONSIDER FINAL PLANS FOR THE QUIVIRA ROAD PROJECT, 47TH STREET TO 62ND PLACE, P.N. 3410.

MAYOR DISTLER: Item Number 5 is to Consider Final Plans for the Quivira Road Project, 47th Street to 62nd Place, P.N. 3410. This project is on the City's Capital Improvement Program for construction in 2016. Final plans are now complete. The total budget for construction is $2,000,000 and is funded through the County CARS program and the Special Highway Fund.

The recommended action is to consider approving final plans and authorizing staff to proceed with construction bidding.
Does anyone on the Council have any questions? Anyone from the audience that would like to speak to this item? I’ll accept a motion.

COUNCILMEMBER PFLUMM: Move for approval.

COUNCILMEMBER NEIGHBOR: 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)
[Therefore, the motion was made by Councilmember Pflumm and seconded by Councilmember Neighbor to approve final plans and authorize staff to proceed with construction bidding for the Quivira Road Project, 47th Street to 62nd Place, P.N. 3410. The motion passed 7-0.]

6. CONSIDER PROJECTS FOR SURFACE TRANSPORTATION PROGRAM, CONGESTION MITIGATION AIR QUALITY, AND TRANSPORTATION ALTERNATIVES PROGRAM FUNDING.

MAYOR DISTLER: Item Number 6 is to Consider Projects for Surface Transportation Program, Congestion Mitigation Air Quality, and Transportation Alternatives Program Funding. Based on anticipated federal funding for the next few years, the Mid-America Regional Council is accepting applications for three federal funding programs for Fiscal Year 2019-2020. City staff is recommending the following projects be submitted for consideration: Monticello Road Project from Shawnee Mission Parkway to the 8100 block for STP funds; the Johnson Drive and I-435 Signalization and Geometric Improvements Project for CMAQ funds; and the Recreational Trail from the 7300 block of Martindale to Gary Haller Trail (Mill Creek Trail) for TAP funds.

The recommended action is to consider approving the projects to submit to MARC for consideration of STP, TAP, and CMAQ funding.

Does anyone on the Council have any questions? Anyone in the audience that would like to speak to this item? I’ll accept a motion.

COUNCILMEMBER PFLUMM: So moved.

COUNCILMEMBER JENKINS: 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)
[Therefore, the motion was made by Councilmember Pflumm and seconded by Councilmember Jenkins to approve the list of projects to submit to MARC for consideration of STP, TAP, and CMAQ funding. The motion passed 7-0.]

7. CONSIDER AN ENGINEERING SERVICES AGREEMENT WITH BURNS AND MCDONNELL FOR THE JOHNSON DRIVE REHABILITATION PROJECT, PFLUMM ROAD TO QUIVIRA ROAD, P.N. 3415.

MAYOR DISTLER: Item Number 7 is to Consider an Engineering Services Agreement with Burns and McDonnell for the Johnson Drive Rehabilitation Project, Pflumm Road to Quivira Road, P.N. 3415. This project is on the City's Capital Improvement Program for construction in 2016. Staff requested proposals from three firms and is recommending Burns and McDonnell, Kansas City, Missouri for a not to exceed fee of $59,671. The project is funded through County CARS funds and the Special Highway Fund as part of the annual Street Maintenance Program.

The recommended action is to consider approving and authorizing the Mayor to sign the agreement with Burns and McDonnell.

Does anyone on the Council have any questions? Anyone from the audience that would like to speak to this item? I’ll accept a motion.

COUNCILMEMBER PFLUMM: So moved.

COUNCILMEMBER NEIGHBOR: 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)
[Therefore, the motion was made by Councilmember Pflumm and seconded by Councilmember Neighbor to approve and authorize the Mayor to sign the agreement with Burns and McDonnell for engineering services related to the Johnson Drive Rehabilitation Project, Pflumm Road to Quivira Road, P.N. 3415 in the amount of $59,671. The motion passed 7-0.]

8. CONSIDER 2016 PUBLIC WORKS DEPARTMENT EQUIPMENT REPLACEMENT.

MAYOR DISTLER: Item Number 8 is to Consider 2016 Public Works Department Equipment Replacement. The Public Works Department has budgeted to replace one right-of-way mowing tractor and one Wheel Loader. Staff is recommending purchasing the right-of-way tractor from John Deere/Heritage Tractor, Inc. through a state contract in the amount of $52,099.82. The department is also requesting approval to purchase a used wheel loader not to exceed $100,000 from auction.

a) Consider approving the purchase of one right-of-way mowing tractor from John Deere/Heritage Tractor, Inc. in the total amount of $52,099.82.

There are two recommended actions. The first is to consider approving the purchase of one right-of-way mowing tractor from John Deere/Heritage Tractor, Inc. in the total amount of $52,099.82.

Does anyone on the Council have any questions?

COUNCILMEMBER JENKINS: I have a comment.

MAYOR DISTLER: Mr. Jenkins.

COUNCILMEMBER JENKINS: Now, when we take this out we go with these Mid-America Regional Council contracts where they do the state contracts. I think that’s grand as a backup position, but I think we should bid each one of these major end items like this out and see if we get any bids back on them. We may be able to beat those prices sometimes. We just recently did beat those prices and I congratulated the City staff on the fact that they did bid that out and we got a better deal by bidding it out. So, I’d like to kind of make that a proforma operation that when we’re -- got major end items we’re getting ready to purchase that we go ahead and bid that out. If we get a bid that beats these other established organizational set bids, then we save money. If we don’t, we always got those to fall back on. So, I can’t see it as a lose -- any way to lose money on the thing, any way to go backwards. So, it’s like a win-win if we get a better deal. So, I’d like to see us implement that kind of concept.

CITY MANAGER GONZALES: I believe in April Ms. Rogers will be giving a presentation on our purchasing manual, so perhaps we could talk more about that at that time. Staff relies on those group bids a lot and we are going to discuss that as part of that presentation. One of the cost savings, although it’s probably, it’s indirect, is the staff time preparing specifications. So, if we’re going to bid out that process there is less staff time invested in preparing specifications, going through the bid process, opening the bids and certainly latching onto those contracts saves all that time. So, I’d like to talk a little further about it and it is part of the planned discussion at the April committee meeting.

COUNCILMEMBER JENKINS: And I’d be happy to hear about. If we could save 5 or $10,000 I think it’s well worth that staff member’s time. So, I don’t find that to be a really strong argument to not do it. I think we should try to bid out all major end items and see if we can get a better deal. Like I say, if we can’t get the better deal we always can fall back on the state contracts or the MARC, something like the Mid-America Regional Council or some other organizational based contract like that because that’s a simple fall back. So, I don’t see how you can possibly lose by other than the fact we’ve got some staff time involved, yeah, that’s okay. Get it out. See if we can save some money on that.

MAYOR DISTLER: Okay.

COUNCILMEMBER JENKINS: And we can talk about that in subsequent meetings, that’s fine. I’m just raising the issue now. And I’m not saying it even necessary affects the project we’re looking at this evening. But that occurred to me as I was going through this, and I was really quite excited about the fact we did save some money by bidding out one of the other ones and we did beat the state bid process, so I think we should take a look at it.

MAYOR DISTLER: Thank you. Mr. Sandifer and then Mr. Pflumm.

COUNCILMEMBER SANDIFER: Yes. I like the idea of going in after something used, but that is an area I’m very familiar with and a lot of the equipment that we have purchased on auction used in some cases people are getting rid of their stuff to buy new stuff. Now, do we get any history or background on any of the items that we’re looking at for new -- or for used?

MS. GARD: Caitlin Gard, Public Works. Yes. Our fleet and facility coordinator would definitely go out and do a whole spec process with any of the used equipment that we’re going to be purchasing. In your packets there is an example of a used wheel loader out in Denver that is going for auction later this week that we would hopefully like to go out and check out. It’s hopefully going for about 50 percent less than it would go for at retail price. So, Gary will go out there and he’ll check it out, talk to the manufacturers, all that stuff.

COUNCILMEMBER SANDIFER: Okay.

MAYOR DISTLER: And that’s actually --

COUNCILMEMBER SANDIFER: Good luck.

MAYOR DISTLER: And that’s actually the next item. But another example I have, when I went out and toured there is we had just recently bought several stainless steel snow removal blades that were only a year or two old and got all of those for the price of what one new one would have cost us.

COUNCILMEMBER SANDIFER: It’s a good deal.

MAYOR DISTLER: So, I think going to auction can be very effective --

COUNCILMEMBER SANDIFER: Sure.

MAYOR DISTLER: -- and cost efficient for us when we’re picking up other people’s waste, that’s very good.

COUNCILMEMBER SANDIFER: I’m just saying on some equipment like this --

MAYOR DISTLER: Right. But that’s the next --

COUNCILMEMBER SANDIFER: -- that’s something I’ve dealt with for years.

MAYOR DISTLER: That’s actually the next item, not this one.

COUNCILMEMBER SANDIFER: Yeah.

MAYOR DISTLER: Mr. Pflumm.

COUNCILMEMBER PFLUMM: Well, and, you know, the tractor that we’re replacing there, I mean, I thought I read in there that there was like $1,500 a year maintenance fees. I mean, at that rate you could go for like 30 years and still have a very good tractor. So, when it comes to tractors and stuff like that, I mean, that stuff lasts a long time.

COUNCILMEMBER SANDIFER: Down time you’ve got to look at though.

COUNCILMEMBER PFLUMM: I know. But $1,500 is very minimal for a large tractor like that. Anyway, it’s fine. I mean, I’m going to vote for it. But I’m just saying, I mean, if we can get some more use out of our products, and I love the idea on this next item that you’re going out for a used property and --

COUNCILMEMBER SANDIFER: That’s the next item, remember.

COUNCILMEMBER PFLUMM: I just said I loved the next item.

MAYOR DISTLER: Yeah. He clarified that. Any more discussion from the Council? Anyone from the audience that would like to speak to this item? I’ll accept a motion.

COUNCILMEMBER JENKINS: I move for approval.

COUNCILMEMBER MEYER: 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)
[Therefore, the motion was made by Councilmember Jenkins and seconded by Councilmember Meyer to approve the purchase of one right-of-way mowing tractor from John Deere/Heritage Tractor, Inc. in the total amount of $52,099.82. The motion passed 7-0.]

b) Consider authorizing the purchase of one used wheel loader not to exceed $100,000 from auction.

MAYOR DISTLER: The second recommended action is to consider authorizing the purchase of one used wheel loader not to exceed $100,000 from auction.

Does anyone on the Council have any questions? No need to repeat yours. Anyone from the audience that would like to discuss this item? Okay. I will accept a motion.

COUNCILMEMBER SANDIFER: Motion to approve.

COUNCILMEMBER NEIGHBOR: 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)
[Therefore, the motion was made by Councilmember Sandifer and seconded by Councilmember Neighbor to authorize the purchase of one used wheel loader not to exceed $100,000 from auction. The motion passed 7-0.]

9. CONSIDER APPROVING AN ADDENDUM TO THE 2015 MOWING CONTRACT.

MAYOR DISTLER: Item 9 is to Consider Approving an Addendum to the 2015 Mowing Contract. On February 9, 2015, the Governing Body approved an Addendum for Kansas Land Management for the 2015 Mowing Contract. The Parks Department has reviewed and recommends approval of the extension of the contract for 2016, for a total annual amount of $147,527.13.

The recommended action is to consider approving and authorizing the Mayor to sign the addendum to the 2015 Mowing Contract.

Does anyone on the Council have any questions? Anyone from the audience that would like to speak to this item? I’ll accept a motion.

COUNCILMEMBER KENIG: Move for approval.

COUNCILMEMBER PFLUMM: 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)
[Therefore, the motion was made by Councilmember Kenig and seconded by Councilmember Pflumm to approve and authorize the Mayor to sign the addendum to the 2015 Mowing Contract with Kansas Land Management for the 2016 calendar year for a cost not to exceed $147,527.13. The motion passed 7-0.]

10. CONSIDER PROPOSALS AND AWARD A CONTRACT TO REPLACE AND REFURBISH AWNINGS AT THOMAS SOETAERT AQUATIC CENTER.

MAYOR DISTLER: Item 10 is to Consider Proposals and Award a Contract to Replace and Refurbish Awnings at Thomas Soetaert Aquatic Center. Proposals were received from two contractors on February 26, 2016. Staff recommends the low quote from Blast-It-Clean in the amount of $93,640.

The recommended action is to consider awarding contract.

Does anyone on the Council have any questions? Anyone from the audience that would like to speak to this item? I’ll accept a motion.

COUNCILMEMBER SANDIFER: Motion to approve.

COUNCILMEMBER NEIGHBOR: 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)
[Therefore, the motion was made by Councilmember Sandifer and seconded by Councilmember Neighbor to award contract for replacement and refurbishment of awnings at Thomas A. Soeteart Aquatic Center in the amount of $93,640. The motion passed 7-0.]

I. MISCELLANEOUS ITEMS

1. RATIFY SEMI-MONTHLY CLAIM FOR MARCH 14, 2016 IN THE AMOUNT OF $2,425,890.25.

MAYOR DISTLER: The next item is Miscellaneous Items. Item 1 is to Ratify Semi-Monthly Claim for March 14, 2016, in the Amount of $2,425,890.25.

Does anyone on the Council have any questions? Anyone from the audience that would like to speak to this item? I’ll accept a motion.

COUNCILMEMBER PFLUMM: 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)
[Therefore, the motion was made by Councilmember Pflumm and seconded by Councilmember Sandifer to ratify the semi-monthly claim for March 14, 2016 in the amount of $2,425,890.25. The motion passed 7-0.]

2. MISCELLANEOUS COUNCIL ITEMS.

MAYOR DISTLER: Item 2 is Miscellaneous Council Items. Does anyone on the Council have an item they would like to discuss? Mr. Neighbor and then Mr. Pflumm.

COUNCILMEMBER NEIGHBOR: Yeah. I just would like to say thank you to absolutely everybody, citizens, staff, German -- I’m sorry, Italian-American Club --

MAYOR DISTLER: Irish.

COUNCILMEMBER NEIGHBOR: Irish. Well, okay. Hey, don’t take that personally. I just -- I apologize for the --

UNIDENTIFIED SPEAKER: Going to have that in writing.

COUNCILMEMBER NEIGHBOR: Yeah. Well, it’s in the minutes, so I’m in trouble, so. Anyway, it was a very good -- a very good event. And whoever ordered the nice weather, thank you very much. And thank you gentlemen for coming over and sharing it with us.

MAYOR DISTLER: Mr. Pflumm.

COUNCILMEMBER PFLUMM: Yeah. I was just wanting to thank everybody, too. I wasn’t able to be here, but thanks for coming over and hope you guys had a great stay and all the volunteers and staff people that helped out for all the festivities.

MAYOR DISTLER: Okay. So, we are going to do a –

COUNCILMEMBER JENKINS: I just want --

MAYOR DISTLER: Oh, I’m sorry, Mr. Jenkins.

COUNCILMEMBER JENKINS: Just one small comment. I just thought that maybe Mr. Neighbor owes Jimmy and Damian a pizza or something after the meeting.

MR. MALONEY: Just not corned beef and cabbage.

MAYOR DISTLER: And we’re going to recess for an Executive Session. But before we do that, if we want to do -- well, I mean, we’ll go ahead and do the recess, but then before we actually head back, if we want to do a group picture with them before they leave tomorrow. Do you guys want to do that?

COUNCILMEMBER JENKINS: I’ve been thinking about this for quite some time and I’m looking into it, and I’d like to explore it further with the Council Committee, the idea of qualifying members of the Council for inclusion in the health benefits plan that the City offers its employees. This doesn’t affect me, so I think I’m good one to bring it up. I’ve got four insurances already, so I’m good to go. But not everybody has that great situation that I’ve got. And I know that the Councilmembers put out an awful lot of effort and the Mayor puts out an awful lot of effort and I think they’re certainly employees of this City. So, I’d like that to be something considered. We can bring it up in the Council meeting and see how that goes and see what everybody thinks of it, but I’m just throwing it out there for future consideration. Thank you.

MAYOR DISTLER: Thank you. Okay. So, I don’t -- oh, Mr. Kenig.

COUNCILMEMBER KENIG: Yeah. I thought of something a moment ago. Hopefully I’m not breaking protocol, but returning earlier to comments made by Mr. Erlichman about clawback provisions with economic incentives. Just a request for City Manager Gonzales. Maybe within some of that research include if we could see what some of the surrounding municipalities on both the Kansas and Missouri side of the line have in place related to that just for context I think might be helpful, just to kind of narrow that down. Thank you.

MAYOR DISTLER: Thank you. Are we finished with Council items now?

3. CONDUCT EXECUTIVE SESSION FOR THE PURPOSE OF RECEIVING ATTORNEY-CLIENT PRIVILEGED COMMUNICATION REGARDING LITIGATION.

a) Recess to Executive Session pursuant to the statutory provision for consultation with an attorney, for the purpose of maintaining confidentiality of attorney to client privileged communications for thirty minutes.

MAYOR DISTLER: So, Item Number 3 is to Conduct an Executive Session for the Purpose of Receiving Attorney-Client Privileged Communication Regarding Litigation.

I will accept a motion to Recess to Executive Session pursuant to the statutory provision for consultation with an attorney, for the purpose of maintaining confidentiality of attorney to client privileged communications for thirty minutes after the five minutes we take our picture.

Do I have motion?

COUNCILMEMBER SANDIFER: Motion to adjourn.

COUNCILMEMBER NEIGHBOR: 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)
[Therefore, the motion was made by Councilmember Sandifer and seconded by Councilmember Neighbor to recess to Executive Session pursuant to the statutory provision for consultation with an attorney, for the purpose of maintaining confidentiality of attorney to client privileged communications for thirty minutes. The motion passed 7-0 and the meeting was recessed from 8:37 p.m. to 9:06 p.m.]

b) Conclude Executive Session.

MAYOR DISTLER: Okay. The next action is to conclude the Executive Session. Do I have a motion?

COUNCILMEMBER JENKINS: So moved.

COUNCILMEMBER PFLUMM: 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)
[Therefore, the motion was made by Councilmember Jenkins and seconded by Councilmember Pflumm to conclude the Executive Session. The motion passed 7-0.]

c) Reconvene Meeting.

MAYOR DISTLER: The next action is to reconvene the meeting. Do I have a motion?

COUNCILMEMBER JENKINS: So moved.

COUNCILMEMBER PFLUMM: 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)
[Therefore, the motion was made by Councilmember Jenkins and seconded by Councilmember Pflumm to reconvene the meeting. The motion passed 7-0 and the meeting reconvened at 9:06 p.m.]

J. ADJOURNMENT

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

COUNCILMEMBER JENKINS: Motion to adjourn.

COUNCILMEMBER NEIGHBOR: Second.

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

COUNCILMEMBERS NEIGHBOR, JENKINS, KEMMLING, MEYER, SANDIFER, KENIG: Aye.

MAYOR DISTLER: Opposed nay.

COUNCILMEMBER PFLUMM: Nay.

MAYOR DISTLER: Motion passes. (Motion passes 6-1). We are adjourned. And Mr. Pflumm voting in opposition.
[Therefore, the motion was made by Councilmember Jenkins and seconded by Councilmember Neighbor to adjourn. The motion passed 6-1 with Councilmember Pflumm voting nay.]

(Shawnee City Council Meeting Adjourned at 9:06 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 March 21, 2016

Deborah A. Sweeney, Recording Secretary

APPROVED BY:

_______________________

Stephen Powell, City Clerk











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