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CITY OF SHAWNEE
CITY COUNCIL MEETING
MINUTES
April 11, 2016
7:30 P.M.

Michelle Distler - Mayor

Councilmembers Present Staff Present
Councilmember PflummCity Manager Gonzales
Councilmember NeighborDeputy City Manager Charlesworth
Councilmember JenkinsAssistant City Manager Killen
Councilmember KemmlingCity Clerk Powell
Councilmember VaughtCity Attorney Rainey
Councilmember MeyerFinance Director Rogers
Councilmember SandiferDevelopment Services Dir. Wesselschmidt
Councilmember KenigPublic Works Director Whitacre
Planning Director Chaffee
IT Director Bunting
Parks and Recreation Director Holman
Deputy Police Chief Orbin
Deputy Fire Chief Scarpa
Traffic Engineer Manning
Assistant Public Works Director Gard
Stormwater Manager Gregory
(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?

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: And Boy Scouts, would you like to please come forward and lead us in the Pledge of Allegiance? And it’ll be followed by a moment of silence.

(Boy Scout Troop 246 led the Pledge of Allegiance followed by a moment of silence)

MAYOR DISTLER: Do you want to introduce yourselves and the troop you’re with?

(Scouts from Troop 246 introduced themselves.)

MAYOR DISTLER: Thank you very much. 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 our listening audience will have a clear and accurate record of the vote.

C. CONSENT AGENDA

1. APPROVE MINUTES FROM THE CITY COUNCIL MEETING OF MARCH 28, 2016.
2. APPROVE MINUTES FROM THE COUNCIL COMMITTEE MEETING OF MARCH 22, 2016.
3. REVIEW MINUTES FROM THE PLANNING COMMISSION MEETING OF MARCH 21, 2016.
4. CONSIDER THE RENEWAL OF A MASSAGE ESTABLISHMENT LICENSE FOR DEBRA FISHER TO PERFORM OFF-PREMISES MASSAGE THERAPY.
5. CONSIDER ACCEPTANCE OF DEDICATION OF LAND FOR PUBLIC PURPOSES CONTAINED IN FP-08-16-03 FOR RIDGESTONE MEADOWS WEST SUBDIVISION, A SINGLE FAMILY RESIDENTIAL SUBDIVISION, LOCATED IN THE 6800 BLOCK OF MARION STREET.
6. CONSIDER ACCEPTANCE OF DEDICATION OF LAND FOR PUBLIC PURPOSES CONTAINED IN FP-09-16-03 FOR GARLAND HEIGHTS, FIFTH PLAT, A ONE LOT RESIDENTIAL SUBDIVISION, LOCATED IN THE 7600 BLOCK OF DEER RIDGE DRIVE.
7. CONSIDER ACCEPTANCE OF DEDICATION OF LAND FOR PUBLIC PURPOSES CONTAINED IN FP-10-16-03 FOR PARKWAY SHOPPING CENTER, A TWO LOT COMMERCIAL SUBDIVISION LOCATED IN THE 11200 BLOCK OF SHAWNEE MISSION PARKWAY.
8. CONSIDER EXTENSION OF SUP-05-07-03, A SPECIAL USE PERMIT FOR INSCO INDUSTRIES TO OPERATE A ZERO-INVENTORY AUTO DEALERSHIP IN THE PLANNED INDUSTRIAL ZONING DISTRICT, LOCATED AT 6902 MARTINDALE ROAD.
9. CONSIDER EXTENSION OF SUP-02-11-03, A SPECIAL USE PERMIT FOR SPRINT TO ALLOW A 150-FOOT COMMUNICATIONS TOWER AND RELATED FACILITIES LOCATED AT 5399 HEDGE LANE TERRACE.
10. CONSIDER EXTENSION OF SUP-03-15-03, A SPECIAL USE PERMIT FOR VERIZON TO ALLOW A 130-FOOT COMMUNICATIONS TOWER AND RELATED FACILITIES AT THE JOHNSON COUNTY PARK AND RECREATION DISTRICT SOFTBALL FIELD COMPLEX LOCATED AT 20200 JOHNSON DRIVE.

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 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.
[Therefore, the motion was made by Councilmember Sandifer and seconded by Councilmember Neighbor to approve the Consent Agenda. The motion passed 8-0.]

D. MAYOR'S ITEMS 1. WEEK OF THE YOUNG CHILD PROCLAMATION.

MAYOR DISTLER: The next item on the agenda is D, Mayor’s Items. Tonight I have two items. The first is a special proclamation for Week of the Young Child. This year we are joining with Johnson County and the cities and school districts within Johnson County to promote the Talk, Read, Play campaign. Talk, Read, Play is an initiative to create awareness how much difference parents can make in their under five-year-old children’s future, by talking, reading and playing with them every day. And, of course, those young people's future is directly tied to Shawnee's future, so I am pleased to share this proclamation.

I am pleased to have Terrie VanZandt Travis, the Executive Director of Growing Futures here to accept the proclamation. Growing Futures is the Head Start organization whose mission is to nurture children and strengthen families to enrich our community. There is probably no organization more appropriate to present this proclamation about Talk, Read and Play to. So, Terrie, if you could please join me up front?

From the Office of the Mayor, a Proclamation in Recognition of the Week of the Young Child.

Whereas, the Week of the Young Child is an annual celebration sponsored by the National Association for the Education of Young Children celebrating early learning, young children teachers and families, and;
Whereas, in June of 2015 during the Human Services Summit sponsored by UCS of Johnson County, the Family Conservancy highlighted Talk, Read, Play, a program to encourage parents to talk with their kids, read with their kids, and play with their kids, all efforts that have been shown to help children with healthy development and give them greater chances for success in school, and;

Whereas, intentionally talking, reading, and playing with children daily increased brain development, self-esteem and vocabulary, key indicators of success in school. This is especially relevant among children born into low income families who on average hear roughly 30 million fewer words by the age of three and, thus, have more limited vocabularies than their more affluent peers.

Whereas, the City of Shawnee, Johnson County Government, the Family Conservancy, the United Community Services of Johnson County, in conjunction with the National Association for Education of Young Children are working to improve early learning opportunities, including promoting early literacy programs that can provide a foundation of learning for children in Shawnee, and;

Whereas, teachers and others make a difference in the lives of young children in Shawnee and deserve thanks and recognition; and parents, families, teachers and caregivers are encouraged talk, read, and play with their child every day to promote healthy development, literacy, school readiness, improved graduation rates and success later in their community in life.

Now, therefore, I, Michelle Distler, Mayor of the City of Shawnee, Kansas, do hereby proclaim April 10th through the 16th, 2016, as Week of the Young Child and encourage all citizens to work to make a good investment in every child living in Shawnee.

(Applause)

Do you want to tell a little bit about it?

MS. VANZANDT TRAVIS: I do. And I want to start off by saying thank you to you, Mayor, and this is a perfect fit for my organization Growing Futures Early Education Center. And you are also coming to read to our children this Thursday. So, every year at Growing Futures, we host an activity and an event for Week of the Young Child and we invite community friends, people who have been supporters of our organization, to come in and read to our children. So, Mayor, you’re going to be reading Cloudy with a Chance of Meatballs, so I hope you’ve been practicing. And we’re delighted to have you.

Growing Futures has been serving low income children and families right here in Johnson County for 50 years. For nearly most of those 50 years, we called ourselves Head Start of Shawnee Mission. In January of 2015, we kicked off a year-long celebration of our 50 years of service with the roll-out of a brand new name, which is Growing Futures Early Education Center. Nothing else changed. Our mission is the same, to nurture children [inaudible] and families who live in our community. We’re a not-for-profit that’s been awarded both federal and state grants to deliver an early Head Start [inaudible] Head Start program. And the children we’re serving are living in poverty. So, the families who [inaudible] is earning no more than -- a little over $20,000 a year. Investment in these children now is so critical. You talked about a lack of vocabulary in the life of a child. If we don’t get at this now, it’s often hard to catch up. So, the Talk, Read, Play initiative is very true [inaudible].

MAYOR DISTLER: And thank you so much.

MS. VANZANDT TRAVIS: And I look forward to hearing you read.

2. NATIONAL WORK ZONE AWARENESS WEEK.

MAYOR DISTLER: And I have one more, the National Work Zone Awareness Week. So, if Doug Whitacre and Doug Wesselschmidt and any other Public Works and Development Services Department employees --

So, from the Office of the Mayor, a Proclamation in Recognition of National Work Zone Awareness Week.

Whereas, National Work Zone Awareness Week was created in 1999 by the Federal Highway Administration and the American Traffic Safety Services Association and the American Association of State Highway and Transportation officials signed a memorandum of agreement pledging to increase public awareness of work zone safety issues through a national media campaign, and;

Whereas, work zones present a challenge and potential danger to workers and all motorist in improvements and work on safety, driver education and driver behavior will benefit both motorists and workers, and;

Whereas, the Shawnee Public Works Department understands their role and responsibility to provide properly placed work zone traffic control devices to move motorists safely through work zones on public streets in our city, and;

Whereas, the citizens of Shawnee, Kansas recognize the responsibility that comes with driving a motor vehicle and the importance of maintaining safe and smart driving habits on our roadways, and;

Whereas, the most frequently occurring contributing factors for motor vehicle accidents in construction zones are careless driving, speeding, failure to obey signs and traffic controls. Also a recent study shows that distracted drivers are at least 23 times more likely to be involved in car crashes or near miss accidents than are drivers that are alert and focused on the road.

Now, therefore, I, Michelle Distler, Mayor of the City of Shawnee, Kansas, do hereby proclaim April 11th through the 15th, 2016 as National Work Zone Awareness Week and encourage all citizens to join me in always driving safely through work zones.

(Applause)

E. BUSINESS FROM THE FLOOR

MAYOR DISTLER: Okay. The next item on the agenda is E, Business from the Floor. Is there anyone who has comments on an issue that is not on tonight’s agenda? Seeing none. F. PUBLIC ITEMS 1. CONSIDER AN EXCISE TAX ABATEMENT AGREEMENT WITH MANCHESTER PARTNERS, LLC, FOR THE HILLS OF FOREST CREEK, FIFTH PLAT SUBDIVISION LOCATED IN THE 6100 BLOCK OF LAKECREST DRIVE.

MAYOR DISTLER: The next item on the agenda is F, Public Items. Item Number 1 is to Consider an Excise Tax Abatement Agreement with Manchester Partners, LLC, for the Hills of Forest Creek, Fifth Plat Subdivision Located in the 6100 Block of Lakecrest Drive. Pursuant to policy, Manchester Partners, LLC has formally requested to be considered for the conditional abatement of the excise tax for 18.25 acres of unplatted land generally located in the 6100 Block of Lakecrest Drive for the purpose of developing a seven-lot single family residential subdivision.

The recommended action is to approve and authorize the Mayor to sign the agreement. Does anyone on the Council have any questions? Anyone from the audience that would like to speak to this item? I will accept a motion.

COUNCILMEMBER VAUGHT: 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 8-0)
[Therefore, the motion was made by Councilmember Vaught and seconded by Councilmember Neighbor to approve and authorize the Mayor to sign an Excise Tax Abatement Agreement with Manchester Partners, LLC for the Hills of Forest Creek, Fifth Plat Subdivision. The motion passed 8-0.]
2. CONSIDER AN EXCISE TAX ABATEMENT AGREEMENT WITH RIDGESTONE WEST, LLC FOR THE RIDGESTONE MEADOWS WEST SUBDIVISION LOCATED IN THE 6800 BLOCK OF MARION STREET.

MAYOR DISTLER: Item Number 2 is to Consider an Excise Tax Abatement Agreement with Ridgestone West, LLC for the Ridgestone Meadows West Subdivision Located in the 6800 Block of Marion Street. Pursuant to policy, Ridgestone West, LLC has formally requested to be considered for the conditional abatement of the excise tax for 17.96 acres of unplatted land generally located in the 6800 Block of Marion Street for the purpose of developing a thirty-seven lot single family residential subdivision.

The recommended action is to approve and authorize the Mayor to sign the agreement. Does anyone on the Council have any questions? Anyone from the audience that would like to speak to this item? I will accept a motion.

COUNCILMEMBER KENIG: 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 8-0)
[Therefore, the motion was made by Councilmember Kenig and seconded by Councilmember Neighbor to approve and authorize the Mayor to sign an Excise Tax Abatement Agreement with Ridgestone West, LLC for the Ridgestone Meadows West Subdivision. The motion passed 8-0.]
3. CONSIDER AN EXCISE TAX ABATEMENT AGREEMENT WITH RYAN P. AND MARCI L. SMITH FOR THE GARLAND HEIGHTS, FIFTH PLAT SUBDIVISION LOCATED IN THE 7600 BLOCK OF DEER RIDGE DRIVE.

MAYOR DISTLER: Item Number 3 is to Consider an Excise Tax Abatement Agreement with Ryan P. and Marci L. Smith for the Garland Heights, Fifth Plat Subdivision Located in the 7600 Block of Deer Ridge Drive. Pursuant to policy, Ryan P. and Marci L. Smith have formally requested to be considered for the conditional abatement for the excise tax for two acres of unplatted land generally located in the 7600 Block of Deer Ridge Drive for the purpose of developing a seven-lot single family residential subdivision.

The recommended action is to approve and authorize the Mayor to sign the agreement. 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 VAUGHT: 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 8-0)
[Therefore, the motion was made by Councilmember Vaught and seconded by Councilmember Meyer to approve and authorize the Mayor to sign an Excise Tax Abatement Agreement with Ryan P. and Marci L. Smith for the Garland Heights, Fifth Plat Subdivision. The motion passed 8-0.]
4. CONSIDER AN EXCISE TAX ABATEMENT AGREEMENT WITH SHAWNEE MISSION MEDICAL CENTER, INC. FOR THE PARKWAY SHOPPING CENTER SUBDIVISION LOCATED IN THE 11200 BLOCK OF SHAWNEE MISSION PARKWAY.

MAYOR DISTLER: Item Number 4 is to Consider an Excise Tax Abatement Agreement with Shawnee Mission Medical Center, Inc. for the Parkway Shopping Center Subdivision Located in the 11200 Block of Shawnee Mission Parkway. Pursuant to policy, Shawnee Mission Medical Center, Inc. has formally requested to be considered for the conditional abatement of the excise tax for 6.65 acres of unplatted land generally located in the 11200 Block of Shawnee Mission Parkway for the purpose of developing a 5,600 square foot urgent care medical facility.

The recommended action is to approve and authorize the Mayor to sign the agreement. 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 VAUGHT: 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 8-0)
[Therefore, the motion was made by Councilmember Vaught and seconded by Councilmember Neighbor to approve and authorize the Mayor to sign an Excise Tax Abatement Agreement with Shawnee Mission medical Center, Inc. for the Parkway Shopping Center Subdivision. The motion passed 8-0.]
G. COUNCIL ITEMS 1. ELECTION OF THE 2016/2017 COUNCIL PRESIDENT

MAYOR DISTLER: The next item on the agenda is Council Items. Item Number 1 is the Election of 2016-2017 Council President. Charter Ordinance No. 40 provides that at the first regular City Council meeting in April of each year, the Governing Body shall elect one member of the Council as President of the Council.

The action needed is to nominate and elect a Council President. Is there anyone in the audience that would like to speak to this item? Does any member of the Council have a nomination? Mr. Vaught and then -- Mr. Vaught.

COUNCILMEMBER VAUGHT: I kind of like having the way we did two years in a row with Jim, so I would move to nominate Stephanie Meyer again.

MAYOR DISTLER: Is there a second?

COUNCILMEMBER KENIG: Second.

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

COUNCILMEMBERS NEIGHBOR, PFLUMM, JENKINS, KEMMLING, VAUGHT, MEYER, KENIG: Aye.

MAYOR DISTLER: Opposed nay.

COUNCILMEMBER SANDIFER: No.

MAYOR DISTLER: Councilmember voting in dissent is Mr. Sandifer. Motion passes.
[Therefore, the motion was made by Councilmember Vaught and seconded by Councilmember Kenig to nominate Councilmember Meyer as Council President. The motion passed 7-1 with Councilmember Sandifer voting no.]

2. ELECTION OF THE 2016/2017 COUNCIL COMMITTEE VICE-CHAIR

MAYOR DISTLER: Item Number 2 is the Election of 2016-2017 Council Committee Vice-Chair. Policy Statement PS-7, Conduct of Public Meetings, provides that the Vice-Chair of the Council shall be elected by the Governing Body at the first regular City Council meeting in April of each year at the same time the Council President is elected.

The action needed is to nominate and elect a Council Committee Vice-Chair. Is there anyone in the audience who would like to speak to this item? Does any member of the Council have a nomination? Mr. Jenkins.

COUNCILMEMBER JENKINS: I think he did a good job last year, I’d recommend or nominate Mike Kemmling.

COUNCILMEMBER PFLUMM: I’d second that.

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

COUNCILMEMBERS PFLUMM, JENKINS, KEMMLING, MEYER, KENIG: Aye.

MAYOR DISTLER: Opposed nay. Motion passes. (Motion passes 8-0)

COUNCILMEMBERS NEIGHBOR, VAUGHT, SANDIFER: No.

MAYOR DISTLER: Let’s do a roll call. Mr. Neighbor?

COUNCILMEMBER NEIGHBOR: No.

MAYOR DISTLER: Mr. Pflumm?

COUNCILMEMBER PFLUMM: Aye.

MAYOR DISTLER: Mr. Jenkins?

COUNCILMEMBER JENKINS: Aye.

MAYOR DISTLER: Mr. Kemmling?

COUNCILMEMBER KEMMLING: Aye.

MAYOR DISTLER: Mr. Vaught?

COUNCILMEMBER VAUGHT: No.

MAYOR DISTLER: Ms. Meyer?

COUNCILMEMBER MEYER: Aye.

MAYOR DISTLER: Mr. Sandifer?

COUNCILMEMBER SANDIFER: No.

MAYOR DISTLER: Mr. Kenig?

COUNCILMEMBER KENIG: Aye.

MAYOR DISTLER: 5-3, motion passes.
[Therefore, the motion was made by Councilmember Jenkins and seconded by Councilmember Pflumm to nominate Councilmember Kemmling as Council Vice-Chair. The motion passed 5-3 with Councilmembers Neighbor, Vaught and Sandifer voting no.]

H. MISCELLANEOUS ITEMS 1. RATIFY SEMI-MONTHLY CLAIM FOR APRIL 11, 2016, IN THE AMOUNT OF $1,084,033.03.

MAYOR DISTLER: The next items is Miscellaneous Items. Item Number 1 is to Ratify the Semi-Monthly Claim for April 11, 2016, in the Amount of $1,084,033.03. 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.
[Therefore, the motion was made by Councilmember Pflumm and seconded by Councilmember Neighbor to ratify the semi-monthly claim for April 11, 2016 in the amount of $1,084,033.03. The motion passed 8-0.]

2. MISCELLANEOUS COUNCIL ITEMS.

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

COUNCILMEMBER JENKINS: Yes, Mayor. I have one item. I would like to suggest at the very next Council meeting that we put on the agenda that we want to -- a motion to abolish the excise tax. I’ve been looking at this item pretty carefully. In three years we’ve pretty much waived excise taxes on a routine basis. And it seems like that’s an issue which is overripe for its time to be removed from our practices. I know that businesses do not like uncertainty. And if we have excise taxes on the books and they’re looking at our community for development and they see that we have an excise tax I think that could be a deterrent to them to make application when you say, oh, yeah, we can give you an abatement, but that doesn’t -- if I’m putting a lot of money out on the line, I don’t know if I want to have it as a maybe or a probably will or something like that. I want to know for sure what I’m getting into. So, I think that would actually boost our folks over there in Economic Development and their efforts to attract business to the community. And if we’re not really following through with it we’re just putting it on the agenda to defer it every time, I think it’s kind of wasting time. So, that’s what I’d like to see. If we could do it on the next agenda because I understand it’s been heavily discussed prior to me getting here and it’s been discussed since I’ve been here. So, I think there’s been plenty of discussion, it’s just a matter of making a decision on whether we want to do that or not.

COUNCILMEMBER SANDIFER: Are you talking about a committee meeting or a Council meeting?

COUNCILMEMBER JENKINS: No, a Council meeting.

COUNCILMEMBER SANDIFER: It needs to go to a committee meeting. We need to learn more about it first.

COUNCILMEMBER JENKINS: Wow. We discussed it a zillion times already, but --

MAYOR DISTLER: Mr. Pflumm.

COUNCILMEMBER PFLUMM: I think one of the reasons that was basically not abolished when we tried to or when it was brought up to the Council, actually I don’t know if it went to a committee meeting or if it just went -- if it went to a committee meeting, then a Council meeting, or if it just went to a committee meeting. Carol may know the answer to that. But one of the reasons that was mentioned to keep that was the state will not allow you to reinitialize an excise tax. So, is that true?

CITY MANAGER GONZALES: Uh-huh. You can’t increase it or establish a new one if one were to be abolished.

COUNCILMEMBER PFLUMM: All right. Well, anyway, I mean, if it goes to a committee meeting or Council meeting I think that’s a good thing.

MAYOR DISTLER: Mr. Vaught.

COUNCILMEMBER VAUGHT: I’ll just say, you know, I’m the one that originally proposed getting rid of the excise tax, and I was pretty vocal about doing away with it completely, and I not necessarily opposed to that. But I think the system is working pretty well right now. I mean, we just recently tweaked it and renewed it for I think two years, wasn’t it? So, I’d rather run the two-year course and revisit it. Like I said, I’ve been pretty vocal. I’m not opposed to getting rid of it, but, you know, we have so much on our plate in front of us over the next months and with budget and everything else, I’m not sure it’s something we need to consume our time with. It’s working obviously because we just voted on them and we don’t see too much controversy on them, so I don’t know if we really need to revisit it, but I’m not necessarily opposed it, I just don’t know if we need to spend the time right now.

MAYOR DISTLER: Mr. Sandifer.

COUNCILMEMBER SANDIFER: Well, if the consensus of the Council is not to bring it up to anything, you know, you could determine that tonight and save some time.

(Off Record Talking)

MAYOR DISTLER: So, do you want to make a motion of putting it on an agenda sooner than the two years?

COUNCILMEMBER JENKINS: Yes. I’d make motion. I would make a motion that we put it on the next Council agenda to abolish the excise tax.

COUNCILMEMBER VAUGHT: It’s got to go to a committee, doesn’t it?

COUNCILMEMBER PFLUMM: Doesn’t have to go to a committee meeting.

UNIDENTIFIED SPEAKER: [Inaudible; speaking off mic]

COUNCILMEMBER SANDIFER: I thought our policy was not to bring it up to a Council meeting; [inaudible; speaking off mic].

MAYOR DISTLER: Yeah. You can’t vote on it today.

COUNCILMEMBER MEYER: I think –

COUNCILMEMBER PFLUMM: You can send it to a committee meeting, but there’s no -- you’ve already talked about it in a committee meeting.

COUNCILMEMBER MEYER: Mayor.

MAYOR DISTLER: Ms. Meyer.

COUNCILMEMBER MEYER: I would just jump in. I know there -- I know we’ve talked about the excise tax a lot, a lot, a lot, but actually I think that conversation happened before I was on the Council, so I think it was before Eric and before Brandon as well. So, I wouldn’t mind it going through committee to go through and have the conversation. And I just don’t want to get into the habit I guess of skipping the committee process.

COUNCILMEMBER JENKINS: Well, I would be willing to have it go to the Council Committee meeting. It might just, in light of Councilman Vaught’s statement about we’re so short on time and all that kind of stuff, I thought, well, fine, just bypass the committee meeting. We have discussed it before. But if there are Councilmembers that feel that we need to flesh this issue out, certainly I have no issues with putting it into a Council Committee agenda.

MAYOR DISTLER: Okay. So, we have a motion to put it on a committee agenda. The next committee agenda or just before the next two years when it’s up again?

COUNCILMEMBER JENKINS: In the near future. I don’t know what the next committee agenda looks like, I haven’t seen it yet.

COUNCILMEMBER VAUGHT: [Inaudible; talking off mic].

MAYOR DISTLER: With the budget.

COUNCILMEMBER VAUGHT: I mean, the one we thought provided [inaudible; talking off mic], I mean, where do [inaudible] want to force that in.

COUNCILMEMBER JENKINS: Okay.

CITY MANAGER GONZALES: Mr. Chaffee, do you remember when we talked about this last? I was thinking it was fall that we voted to extend it again.

MR. CHAFFEE: Paul Chaffee, Planning Director. We voted an extension of the excise tax last fall. Not an extension, but to keep it going. Right now it would be scheduled for our committee meeting in November because the current excise tax abatement policy expires somewhere mid-March of 2017, so we had already scheduled it for November to have that discussion if we wanted to get rid of it or extend it or what we may want to do. And that basically deals with the abatements, but at the same time with the discussion we can also consider whether we want to keep the excise tax at all.

COUNCILMEMBER JENKINS: As soon as practicable, how’s that? I mean, everybody seems to have an ax to grind here.

MAYOR DISTLER: Is that a good enough motion?

COUNCILMEMBER JENKINS: So, at the earliest affordable opportunity it would be nice to put it on the agenda.

MAYOR DISTLER: Is that a good enough motion?

COUNCILMEMBER SANDIFER: Do we need a motion if he’s got it on in November?

COUNCILMEMBER MEYER: For the sake of good government.

COUNCILMEMBER JENKINS: I would like to get it done before November. I think November is kind of kicking down the road.

CITY MANAGER GONZALES: I mean, I know -- it’s just a matter of priorities issue.

COUNCILMEMBER JENKINS: I’d rather do it before November. I would say the first meeting following the conclusion of the budget process.

MAYOR DISTLER: Okay. Is there a second for that?

COUNCILMEMBER KEMMLING: Second.

MAYOR DISTLER: Okay. All in favor signify by saying aye.

COUNCILMEMBERS: Aye.

MAYOR DISTLER: Opposed no. Motion passes. Are there any other Council Items?
[Therefore, the motion was made by Councilmember Jenkins and seconded by Councilmember Kemmling to add to the Council Committee agenda after the budget a discussion on abolishing the excise tax. The motion passed 8-0.]

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

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

a) Recess to Executive Session

MAYOR DISTLER: I’ll 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 one hour. Do I have a motion?

COUNCILMEMBER VAUGHT: 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.
[Therefore, the motion was made by Councilmember Vaught and seconded by Councilmember Neighbor to recess to Executive Session for one hour pursuant to the statutory provision for consultation with an attorney, for the purpose of maintaining confidentiality of attorney to client privileged communications. The motion passed 8-0.]
(Shawnee City Council Meeting in Recess from 7:55 p.m. to 8:50 p.m.)

b) Conclude Executive Session.

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

COUNCILMEMBER VAUGHT: Move to conclude the Executive Session.

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.
[Therefore, the motion was made by Councilmember Vaught and seconded by Councilmember Sandifer to conclude the Executive Session. The motion passed 8-0.]

c) Reconvene Meeting

COUNCILMEMBER VAUGHT: Move to reconvene the meeting.

COUNCILMEMBER MEYER: Second.

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.
[Therefore, the motion was made by Councilmember Vaught and seconded by Councilmember Meyer to reconvene the City Council Meeting. The motion passed 8-0.]

I. ADJOURNMENT

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

COUNCILMEMBER SANDIFER: Motion to adjourn.

COUNCILMEMBER PFLUMM: 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. We are adjourned. Thank you.
[Therefore, the motion was made by Councilmember Sandifer and seconded by Councilmember Pflumm to adjourn. The motion passed 8-0.]
(Shawnee City Council Meeting adjourned at 8:51 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 April 20, 2016

Deborah A. Sweeney, Recording Secretary

APPROVED BY:

_______________________

Stephen Powell, City Clerk











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