PDF Format:

CC06272016.pdfCC06272016.pdf


CITY OF SHAWNEE
CITY COUNCIL MEETING
MINUTES
June 27, 2016
7:30 P.M.

Michelle Distler - Mayor

Councilmembers Present Staff Present
Councilmember PflummCity Manager Gonzales
Councilmember NeighborAssistant City Manager Sunderman
Councilmember JenkinsCity Clerk Powell
Councilmember KemmlingCity Attorney Rainey
Councilmember VaughtFinance Director Rogers
Councilmember MeyerPolice Chief Moser
Councilmember SandiferDevelopment Services Dir. Wesselschmidt
Councilmember KemmlingPlanning Director Chaffee
Information Technology Director Bunting
Parks and Recreation Director Holman
Stormwater Manager Gregory
Management Analyst Schmitz
Sr. Project Engineer Schnettgoecke
Sr. Project Engineer Moeller-Krass
Deputy Fire Chief Scarpa
Police Captain Tennis
Police Captain Hein
Assistant Public Works Director Gard
Senior Accountant Oldham
(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: 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 and 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. And 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.

I also want to state that we do not need to have an Executive Session tonight as shown on the agenda.

C. CONSENT AGENDA


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

COUNCILMEMBER 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.
[Therefore, the motion was made by Councilmember Sandifer and seconded by Councilmember Pflumm to approve the Consent Agenda. The motion passed 8-0.]
D. MAYOR'S ITEMS

PARKS AND RECREATION MONTH PROCLAMATION

MAYOR DISTLER: The next item on the agenda is Mayor's Items. Tonight, I will proclaim the month of July as "Parks and Recreation Month.” So, I'd like to ask Neil Holman and any Parks Board members who are here tonight, and any staff from the Parks and Recreation Department to join me up front.

From the Office of the Mayor, a Proclamation in recognition of Parks and Recreation Month. Whereas, the public parks and recreation systems are dedicated to enhancing the quality of life for residents and communities around the country through recreation programming, leisure activities and conservation efforts. Public parks embody the American tradition of preserving public lands for the benefit of all citizens; and

Whereas, parks and recreation and leisure experiences provide opportunities for young people to live, grow and develop into contributing members of society, create lifelines and continuous life experiences for older members of the community, generate opportunities for people to come together and experience a sense of community and pay dividends to communities by attracting businesses, jobs and increasing housing value; and

Whereas, we recognize the important contributions of our City's Parks and Recreation staff, the Parks and Recreation Advisory Board and the many recreation-related civic groups and non-profit organizations in our community. This dedicated core of citizens help make our public parks clean, safe and attractive, provide diverse recreation opportunities for residents and visitors to our community and lend essential support to projects throughout the year; and

Whereas, we join with the National Recreation and Parks Association to call upon all Parks and Recreation supporters to join us in recognizing the importance of our local parks and to learn more about how to support the green spaces that bring our community a higher quality of life, safer places to play and healthy alternatives through recreational programming for citizens of all ages.

Therefore, I, Michelle Distler, Mayor of the City of Shawnee, Kansas, do hereby proclaim the month of July 2016 as Parks and Recreation Month in the City of Shawnee, and encourage all citizens to enjoy what our community has to offer by attending special events and visiting our parks and pools during the summer.

(Applause)

E. APPOINTMENTS

MAYOR DISTLER: The next item on the agenda is Appointments.

1. CONSIDER REAPPOINTMENTS TO THE PLANNING COMMISSION.

MAYOR DISTLER: Item Number 1 is to Consider Reappointments to the Planning Commission. I am recommending the reappointment of Augie Bogina with a term expiring on June 30, 2017, and Steven Wise with a term expiring on June 30, 2019.

a) Consider reappointing Augie Bogina to the Planning Commission with a term expiring June 30, 2019.

Two actions are required. The first is to consider reappointing Augie Bogina to the Planning Commission with a term expiring on June 30, 2017. Is there any discussion from the Council? Does anyone from the audience want to -- oh, Mr. Jenkins?

COUNCILMEMBER JENKINS: Just a point of clarification. So, Augie has made it clear that he would like to be appointed to an unfilled portion of a departing Planning Commissioner’s term, which is then going to leave us vacancy, right, for a full term?

MAYOR DISTLER: Yes.

COUNCILMEMBER JENKINS: To be represented at another date?

MAYOR DISTLER: Yes.

COUNCILMEMBER JENKINS: Okay.

MAYOR DISTLER: Anyone from the audience that would want to comment on this item? Seeing none, I will accept a motion.

COUNCILMEMBER VAUGHT: Move for approval.

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.

[Therefore, Councilmember Vaught moved and Councilmember Meyer seconded to approve the reappointment of Augie Bogina to the Planning Commission with a term expiring on June 30, 2017. The motion passed 8-0.]

b) Consider reappointing Steven Wise to the Planning Commission with a term expiring on June 30, 2019.

MAYOR DISTLER: The second action is to consider reappointing Steven Wise to the Planning Commission with a term expiring on June 30, 2019. Is there any discussion from the Council? Anyone from the audience that would like to comment on this item? Seeing none, I will accept a motion.

COUNCILMEMBER KENIG: Move for approval.

COUNCILMEMBER VAUGHT: Second.

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

COUNCILMEMBERS: Aye.

MAYOR DISTLER: Opposed nay. Motion passes.

[Therefore, Councilmember Kenig moved and Councilmember Vaught seconded to approve the reappointment of Steven Wise to the Planning Commission with a term expiring June 30, 2019. The motion passes 8-0.]

2. CONSIDER REAPPOINTMENTS TO THE BOARD OF ZONING APPEALS.

MAYOR DISTLER: Item 2 is to Consider Reappointments to the Board of Zoning Appeals. I am recommending the reappointment of Robert Prosser, Matt Zimmerman and Nate Baldwin to the Board of Zoning Appeals with terms expiring on June 30, 2019.

a) Consider reappointing Robert Prosser to the Board of Zoning Appeals with a term expiring on June 30, 2019.

MAYOR DISTLER: Three actions are required. The first is to consider reappointing Robert Prosser to the Board of Zoning Appeals with a term expiring on June 30, 2019. Is there any discussion from the Council? Anyone from the audience want to comment on this item? 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, Councilmember Sandifer moved and Councilmember Neighbor seconded to approve the reappointment of Robert Prosser to the Board of Zoning Appeals with a term expiring on June 30, 2019. The motion passed 8-0.]

b) Consider reappointing Matt Zimmerman to the Board of Zoning Appeals with a term expiring on June 30, 2019.

MAYOR DISTLER: The second action is to consider reappointing Matt Zimmerman to the Board of Zoning Appeals with a term expiring on June 30, 2019. Is there any discussion from the Council? Does anyone from the audience want to comment on this item? Seeing none, I will accept a motion.

COUNCILMEMBER NEIGHBOR: Move for approval.

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.

[Therefore, Councilmember Neighbor moved and Councilmember Meyer seconded the reappointment of Matt Zimmerman to the Board of Zoning Appeals with a term expiring on June 30, 2019.]


c) Consider reappointing Nate Baldwin to the Board of Zoning Appeals with a term expiring on June 30, 2019.

MAYOR DISTLER: The final action is to consider reappointing Nate Baldwin to the Board of Zoning Appeals with a term expiring on June 30, 2019. Is there any discussion from the Council? Anyone from the audience want to comment on this item? Seeing none, I will accept a motion.

COUNCILMEMBER SANDIFER: Motion to approve.

COUNCILMEMBER VAUGHT: Second.

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

COUNCILMEMBERS: Aye.

MAYOR DISTLER: Opposed nay. Motion passes.

[Therefore, Councilmember Sandifer moved and Councilmember Vaught seconded to approve the reappointment of Nate Baldwin to the Board of Zoning appeals with a term expiring June 30, 2019. The motion passed 8-0.]

F. 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? Seeing none.

G. PUBLIC ITEMS

1. PRESENTATION OF 2015 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR).

MAYOR DISTLER: The next item on the Agenda is Public Items. Item Number 1 is a Presentation of the 2015 Comprehensive Annual Financial Report. The City's financial statements and operations for 2015 were audited by Mize Houser & Company, P.A. A representative of the firm will make a short presentation about their findings.

Does anyone on the Council have any questions before they present? Okay. Please come forward. Thank you.

COUNCILMEMBER PFLUMM: We’ll wait and drill them afterwards.

MAYOR DISTLER: Okay.

MR. NIBARGER: Good evening. I’m Jonathan Nibarger with Mize House & Company. And I was the auditor in charge of the 2015 audit and I’m here to briefly go over the financial report and then answer any questions you may have. I was going to start in the salmon-colored financial statement, or if you have an electronic copy to kind of go through.

The first three pages in the financial statement are the Auditor’s Report. And the Auditor’s Report includes standards that we use for the audit, and most importantly, the opinion that we issued. We issued an unmodified opinion, which is the best opinion the City can receive. And I feel like that speaks very highly on the financial management of the City.

The next section of the financial statements is the Management Discussion Analysis. The Management Discussion Analysis covers significant financial changes for the City during the year. This is followed by the financial statements, which contain information on the City’s major and non-major funds. For each budgeted fund there is a separate page that show the GAP basis of accounting and adjustments to get to the budgetary basis of accounting, the budgeted amounts and a comparison between the two.

Also included are the notes to the financial statements. The notes include information over the City’s accounting policies, employee benefits, long-term debt and capital assets. The most significant change to the notes this year was the City’s implementation of GASB 69, which accounts for the KPERS and KP&F net pension liability for the City.

Then after the notes to the financial statements is the Statistical section. And the Statistical section includes various tables for the City data over the past ten years.

Starting on page 103 is the Schedule of Expenditures of Federal Awards. Because the City expended more than $750,000 in federal awards during 2015, you’re required to receive a special audit over those expenditures. And we audited the Highway Planning and the Construction Grant cluster. And for this grant we issued an unmodified opinion, which again is the best opinion that we’re able to issue.

Outside of the financial statements we provided a couple letters. And one of these letters we had auditor’s comments to management. And we identified a couple issues where we felt the City could strengthen internal controls. But I wanted to stress that we do not consider these deficiencies with the City.

In closing, I would like to say that we greatly appreciated the assistance and cooperation of all of the City staff this year. They were extremely helpful during the audit and I think they do a great job for the City. So, thank you for your time and I’m available for any questions you may have.

MAYOR DISTLER: Does Council have any questions? Mr. Jenkins.

COUNCILMEMBER JENKINS: [Inaudible; talking off mic.] Just in that first [inaudible] kind of reviewing the areas of emphasis and so on, you look at that part with other matters required supplementary information. And just your final statement there, “We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to [inaudible] opinion or provide any assurance.” So, we really don’t get much back on that. What is it you need in order to do that?

MR. NIBARGER: Let me --

COUNCILMEMBER JENKINS: [Inaudible; talking off mic]

MR. NIBARGER: Which section are you referring to?

COUNCILMEMBER JENKINS: Page 2 of the hard copy where you talk about --

MR. NIBARGER: The other matters required supplementary information?

COUNCILMEMBER JENKINS: Yes.

MR. NIBARGER: In that, that’s really just standard that we don’t issue an opinion on any supplemental information because it’s not a required part of the financial statement.

COUNCILMEMBER JENKINS: Well, the statement seems to be misleading then because it says we do not provide [inaudible] with sufficient evidence, so that kind of threw me off I guess. You could say you don’t do it customarily?

MR. NIBARGER: Correct. Yeah. I think that that’s more just standard language that we’re required to use.

COUNCILMEMBER JENKINS: You might want to look at that standard language because it sounds like we’re not giving you the stuff you need to make that determination by [inaudible]. So, FYI. And then you talk about -- you talked about these -- do we need a copy of that other -- that letter on the internal?

MR. NIBARGER: There should be two letters outside of the financial statement.

COUNCILMEMBER JENKINS: Is it in this report? I haven’t completely gotten through the whole report yet, but is it in here somewhere?

MR. NIBARGER: No. It’s separate from the financial statement. There were probably electronic copies provided to you.

COUNCILMEMBER JENKINS: That’s something I brought up last year. I was really interested in the internal controls thing and so I would like to see that. And there’s other questions I have, but it’s not for you. It would be more for Maureen as I get through this thing. It’s quite a process going page by page through this. And so it’s a very good document. It’s worthwhile to look at.

MAYOR DISTLER: Any other comments from the Council? Anyone from the audience that would like to comment on this item? Seeing none, this item is for informational purposes only, so no action is required. Thank you so much.

MR. NIBARGER: Thank you.

2. CONSIDER AMENDMENTS TO REDEVELOPMENT AND EXCISE TAX ABATEMENT AGREEMENTS WITH SHAWNEE ASSOCIATES, LLC REGARDING PRAIRIE PINES TOWNHOME PROJECT.

MAYOR DISTLER: Okay. Item Number 2 is to Consider Amendments to Redevelopment and Excise Tax Abatement Agreements with Shawnee Associates, LLC Regarding Prairie Pines Townhome Project.

On August 12, 2013, the Governing Body approved a Redevelopment Agreement and an Excise Tax Abatement Agreement on May 12, 2014, with Shawnee Associates, LLC for the Prairie Pines Townhome Project. On June 22, 2015, the Governing Body approved the First Amendment and a one year extension. Shawnee Associates, LLC has requested a second one-year extension to complete the Project Plan due to delays caused by the weather and other factors. An ordinance is required to authorize an amendment to the Redevelopment Agreement. An addendum is required to amend the Excise Tax Agreement.

a) Consider approving an Ordinance approving the Second Amendment to the Prairie Pines Redevelopment Agreement. If approved, an Ordinance number will be assigned.

Two actions are required. The first recommended action is to consider approving an Ordinance approving the Second Amendment to the Prairie Pines Redevelopment Agreement.

Does anyone on the Council have any questions? Anyone from the audience that would like to speak to this item? Mr. Neighbor?

COUNCILMEMBER NEIGHBOR: I believe it’s -- the addendum is for a period of six months, is that correct?

CITY ATTORNEY RAINEY: Yes, that’s correct. On the excise tax abatement agreements you’re correct.

CITY MANAGER GONZALES: The provisions of the excise tax abatement tie with the residential property and so that is a six-month. It corresponds with the six months in the amendment to the agreement also.

COUNCILMEMBER NEIGHBOR: Thank you.

MAYOR DISTLER: If there’s no other comments I will accept a motion.

COUNCILMEMBER VAUGHT: Move for approval.

COUNCILMEMBER PFLUMM: Second.

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

COUNCILMEMBER MEYER: Aye.

MAYOR DISTLER: Opposed nay. Motion passes.

[Therefore, Councilmember Vaught moved and Councilmember Pflumm seconded to approve an Ordinance approving the Second Amendment to the Prairie Pines Redevelopment Agreement. The motion passed 8-0.]

(Ordinance Number 3160 was assigned)

b) Consider approving and authorizing the Mayor to sign the 2016 Addendum to the Prairie Pines Excise Tax Agreement.

MAYOR DISTLER: The second recommended action is to consider approving and authorizing the Mayor to sign the 2016 Addendum to the Prairie Pines Excise Tax Agreement.

Does anyone on the Council have any questions? Anyone from the audience want 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.

[Therefore, Councilmember Vaught moved and Councilmember Meyer seconded to authorize the Mayor to sign the 2016 Addendum to the Prairie Pines Excise Tax Agreement. The motion passed 8-0.]

3. CONSIDER ACCEPTING 2017 JOHNSON COUNTY STORMWATER MANAGEMENT ADVISORY COUNCIL (SMAC) FUNDING FOR THREE NIEMAN ROAD PROJECTS.

MAYOR DISTLER: Item Number 3 is to Consider Accepting 2017 Johnson County Stormwater Management Advisory Council (SMAC) Funding for Three Nieman Road Projects.

At the June 21, 2016 Council Committee meeting, the Committee discussed accepting 2017 SMAC funding for the following three flood remediation projects: Nieman Road Corridor North: West of Flint to West of Barton Road: 6200 Block of Nieman Culverts; and Nieman Road Corridor Middle: East of Barton Road to East of Nieman Road. In order to accept the funding, a Notice of Intent is required.

The Council Committee discussed this issue at the June 21st meeting and the recommended action is to consider approving and authorizing the Mayor to sign Notice of Intent to accept 2017 Johnson County SMAC funding for the three flood remediation projects.

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

COUNCILMEMBER JENKINS: So moved.

COUNCILMEMBER PFLUMM: Second.

MAYOR DISTLER: A motion has been made and seconded --

COUNCILMEMBER MEYER: Mayor. Sorry.

MAYOR DISTLER: Yes. Councilmember Meyer.

COUNCILMEMBER MEYER: I just wanted to point out that you all should have gotten an e-mail about this, that it includes a staff position that is a 0.09 mill levy increase that was discussed last week. And I think I was not clear on it, so I apologize that it was not communicated more clearly that when we approved this last week in Committee it included a staff position with a 0.09 mill levy increase. So, I wanted to make sure that everyone was aware of that before we voted.

COUNCILMEMBER JENKINS: I didn’t think that’s what we were voting on right now. I thought we were voting on authorizing the Mayor to sign a Notice of Intent here.

COUNCILMEMBER MEYER: That’s true.

COUNCILMEMBER JENKINS: Right?

COUNCILMEMBER MEYER: Yeah. I think just because it’s on the agenda right now, so I just wanted to make sure that we had that conversation.

COUNCILMEMBER JENKINS: But I don’t think this considers that additional position at this point. It certainly doesn’t say so. This is only talking about authorizing the Mayor to sign a Notice of Intent with the Johnson County SMAC funding people.

COUNCILMEMBER MEYER: Well, I --

COUNCILMEMBER JENKINS: They can put us back on the agenda with that.

COUNCILMEMBER MEYER: I mean, my understanding would be that we need the position to move forward with the project. So, if we’re not comfortable funding the position it would be hard I would think to accept the SMAC funding. Does that make sense?

MAYOR DISTLER: So, to your point --

COUNCILMEMBER JENKINS: Well, that’s a different motion.

MAYOR DISTLER: -- I think, how could you intend to do the project if we don’t have the position I think is what you’re saying.

COUNCILMEMBER MEYER: That’s my point. Yeah. Yeah.

MAYOR DISTLER: So, how can we -- so, we kind of need to affirm that then.

COUNCILMEMBER MEYER: Yeah. I just wanted to make sure everyone was clear before moving forward with the project that a part of that is this position that we need to have in order to move forward. I just wanted it to be on everyone’s radar because I don’t think it was clear in the Committee that it was a mill increase for that position. So, just putting it out before we vote.

MAYOR DISTLER: Mr. Pflumm.

COUNCILMEMBER PFLUMM: Yeah. I mean I wouldn’t be in favor of, you know, an additional individual. If we’re doing these three projects, we could subcontract those services out. And so anyway, I definitely, regardless of whether we move forward with these guys or not, we do not need to hire a person for three jobs and then have them for the rest of our life. That doesn’t make sense.

COUNCILMEMBER MEYER: I think -- yeah. I don’t necessarily agree or disagree. But the funding then for paying consultants would also need to be found somewhere. So, we need about -- it’s 72,000 or whatever, whatever a consultant would cost. It’s not budgeted right now for that staff position I guess is what I’m saying.

MAYOR DISTLER: Well, and the discussion was had, unfortunately you had to miss that meeting. But the discussion was had that the need is already there for the staff position and would continue to be there after this project was complete as well.

COUNCILMEMBER PFLUMM: Okay. So, if these things are SMAC funded and part of that is his salary and part of that is a contract person, that all comes as part of the project. Okay. So, that’s, you know, so if we’re, you know, whatever those dollars exactly are they’re going to incorporate that individual that you want to hire. But I’m just saying I don’t necessarily believe that we need that guy moving down the road.

COUNCILMEMBER MEYER: And, Dan, I will say that was my initial understanding last week during the conversation. I mistakenly assumed that the cost of whatever the staff position would be through the SMAC projects was wrapped into the bond that we were taking out. That was not -- that was my understanding as well. But not the case right now.

MAYOR DISTLER: Mr. Jenkins.

COUNCILMEMBER JENKINS: Well, I guess we’re in a complete disagreement here on what’s going on because it doesn’t say in here that we’re authorizing that. This tells me we’re authorizing the Mayor to move forward and tell the county that we would be in a position where we might like to accept those SMAC funds. Also, if we were to hire this person on a term appointment on a contracted position that could be rolled up as far as the project cost. I don’t see why that would have to be a separately funded item addressed by a mill levy increase. There’s no real connection there, guys. So, I think we can move forward with this project and incorporate, if that position is needed on a term or a contracted basis, that could be part of the overall project cost and can be part of the bonded.

COUNCILMEMBER MEYER: I don’t disagree with you. I’m simply putting it out there because I think it would not be prudent for us to move forward with trying to get SMAC funding when we have ambiguity on the I guess source of the staff funding. I just wanted to make sure because it wasn’t clear that we effectively affirmed a 0.09 mill increase without an actual vote last week. So, I wanted to make sure that was on everybody’s radar and that we were being responsible and figuring out where we were going to fund the staff that’s needed to get that done before we move forward with accepting it.

COUNCILMEMBER JENKINS: Yes. And from the get-go, my understanding was that person was going to be part of the project and that would be rolled up in -- and when we float the bond on that that would be included as part of that cost. So, I never envisioned us, even in the last meeting, that that position was going to be separate and distinct from the other.

COUNCILMEMBER MEYER: And that’s why I bring it up.

COUNCILMEMBER JENKINS: I know those things are after the fact and I understand what you’re saying, yes, absolutely. But I would like to go back to the earlier premise where this is part of the project. This person would represent part of the project.

MAYOR DISTLER: Well, and I would just -- to Councilmember Meyer’s point as well, I also want to clarify that, I mean, the current unmet need and the ongoing unmet need we currently have 49 stormwater issues that we have not been able to address. Some of them have been on the wait list two to five years. I’ve copied you on some of the residents’ e-mails that have reached out to me because they’ve been on the wait list so long because their property is eroding with stormwater issues. And the answer for years keeps having to be we don’t have the staff or the funding to help you with your problem. And the majority of them are in Ward II. And like I said so now recently I’ve been copying you on more of those e-mails, so that you can see the residents’ concerns that are coming to me. Because once all those heavy rains hit, of course, they increased. More so they were like, hey, we still have this problem. And then we had several new ones come in. So, to say that there is not a need past this project is unrealistic. And the fact that we’ve already got 49 needs currently waiting, and that’s not going to stop with the condition that are stormwater is in at this time, which is why we have the stormwater fee and stuff that we’re trying to fix these issues with. So, Mr. Pflumm.

COUNCILMEMBER PFLUMM: I’m actually in agreement. Thank you first of all, Stephanie, for letting us know that. And I did get your e-mail and I did read it, but, whew, it went right over my head. But I’m in agreement with Eric as voting on this tonight has nothing to do with the unmet needs at all. And you can’t say if you vote on this, then, you know, you’re agreeing to a, you know, a whatever, an increase in the mill levy. Because that is -- that’s not the way it works. I mean, if we’re going to vote on this and obtain those dollars from the county, then we need to figure out maybe we, you know, it’s not a huge amount of money. And to leverage that into a tax increase, it kind of bothers me a little bit. So, we should be able to work our budget around to afford one person if we absolutely, positively have to have that person. I’m under the opinion is that we, especially when it comes to projects that we should be subcontracting those guys out so that in the wintertime we don’t have a guy sitting around. You know, and I know there’s a lot of other things to do, but, you know, if we need four guys in the summer and we need nobody in the winter, then we contract four guys in the summer. So, that’s all I was saying. But I’m in agreement Eric on this thing here. I don’t think that his motion and my second is a tax increase.

COUNCILMEMBER MEYER: Mayor.

MAYOR DISTLER: Ms. Meyer.

COUNCILMEMBER MEYER: I would agree. I don’t think it’s a tax increase either. I just wanted to make sure because the way it is structured right now, it was the way that it came through Committee and that was including a 0.09 mill levy increase. So, I didn’t want anyone on the Council to be in the position of voting for something that included a mill levy. And I agree with you. I don’t really think that staff should come from a mill increase. I think there should be somewhere maybe in the -- I don’t know. I don’t think it should come from a mill increase if it’s wrapped into the bond or if it’s from existing resources. I just wanted to make sure that everyone was aware. And I don’t, yeah, I don’t think that moving forward with this tonight necessarily means you’re increasing the mill levy or you’re hiring the staff. The fact of the matter is we need an additional staff person in some capacity to make this project work. And I wanted to make sure we were comfortable with the parameters that we had set before. Whether we want to -- I assume we can address the funding of the staff person at a future date when we talk about the budget as a whole.

COUNCILMEMBER JENKINS: That’s a budget item.

MAYOR DISTLER: Right.

COUNCILMEMBER MEYER: It is, yeah. But I just, I mean, do you understand why I was bringing it up because of the last conversation?

COUNCILMEMBER PFLUMM: Oh, I really appreciated it.

COUNCILMEMBER JENKINS: Well, I think it was helpful to bring it up because it was good discussion.

MAYOR DISTLER: Right. Because you’re asking me as the Mayor to sign a Notice of Intent. And her point is if we cannot intend to do it without the additional staff person, we should not be moving forward with this. And my only comment about the unmet needs, no, it does not have to directly do with this. It’s because the comment was made, we only need the person for this project, and that’s not true. So, that’s why I brought up the 49 open cases that have been on a wait list for two to five years. So, that’s not related to this, but it was because of the comment that was made.

COUNCILMEMBER PFLUMM: Right. No, I understand.

MAYOR DISTLER: Mr. Vaught.

COUNCILMEMBER VAUGHT: I’m just going to reiterate what the Mayor said. She’s right. I mean, when we look at our job here is to fulfill needs. And this isn’t a want item, it’s a need item. And so we’ve got a lot of unmet stormwater needs. And since I’ve gotten elected in 2010, I’ve seen, you know, in the last few years we’ve seen a lot of issues with our stormwater pipes. We’re getting there. We’re getting to where it’s going to be a continuous problem. So, if we don’t staff that department, then I don’t think we’re going to be able to keep up. You know, it’s a pretty skinny department as it is. So, I think the idea that we’re just going to hire somebody in even contract labor, which on certain situations I think it makes sense. You’re going to pay twice as much for contract labor on a job like this. And if you had somebody with the idea that when the project is over we’re not going to need them anymore, I don’t think that’s going to be the case. Because if we’ve got a whole lot of other stormwater needs out there beyond just what we’re going to be doing down here on Nieman Road. And as we know our metal pipes are aging. So, it’s just going to get progressively worse. This isn’t going to get any better. Because we’re going to have more and more problems. So, every time one caves in that’s more staff, more engineers, more people we’ve got to put out there and solve it and deal with it. And that’s, you know, something we really need to think about whether -- I mean, I think the position I think it’s justified. And obviously how we pay for it is going to be talked about. But I think when you have some clarity on, and we’re talking about need here, and very big one.

MAYOR DISTLER: And surprisingly as well at the last meeting that I had, Councilmember Vaught, Councilmember Kenig, Mr. Erlichman, Mr. Frizzel were at the residence. They were adamant that they don’t want us getting behind on storm issues. They’re tired of it. They’re tired of waiting. They are like a couple dollars a month is not an issue to get this problem fixed. And I mean, it became the topic of discussion for quite a while that night during the last meeting. So, just putting it out there.

So, we had a motion and a second. So, a motion has been and seconded. All those in favor say aye.

COUNCILMEMBERS: Aye.

MAYOR DISTLER: Opposed nay. Motion passes.

[Therefore, Councilmember Jenkins moved and Councilmember Pflumm seconded to authorize the Mayor to sign a Notice of Intent to accept 2017 Johnson County SMAC funding for the Nieman Road Corridor North: West of Flint to West of Barton Road Project (TC-21-074); the 6200 Block of Nieman Culverts Project (TC-21-070); and the Nieman Road Corridor Middle: East of Barton Road to East of Nieman Rd Project (TC-021-0730). The motion passed 8-0.]

4. CONSIDER SUMMARY OF AGREEMENT TERMS WITH B.B.T. ZARDA, LLC RELATED TO PURCHASE OF PROPERTY IN THE SILVERHEEL SOUTH BENEFIT DISTRICT.

MAYOR DISTLER: Item Number 4 is to Consider Summary of Agreement Terms with B.B.T. Zarda, LLC Related to Purchase of Property in the Silverheel South Benefit District.

The Silverheel South Improvement District was approved by the Governing Body on November 13, 2007, and includes three parcels. One parcel has been delinquent on property taxes for the last six years. The owner of the other two parcels has expressed interest in purchasing the property and paying the back taxes due provided a portion can be rebated. An agreement with B.B.T. Zarda, LLC is required.

The recommended action is to consider approving and authorizing the Mayor to sign the Summary of Agreement Terms with B.B.T. Zarda, LLC Related to Purchase of Property in the Silverheel South Benefit District.

Mr. Zarda is in the audience tonight and wanted to make a few comments. So, if Mr. Zarda would like to come forward.

MR. ZARDA: Yes. My name is Thomas Zarda and I live at (Address Omitted) Shawnee, Kansas 66226. And I come here before you -- the first thing I’d like to do is thank the staff for the time and effort that they put into reviewing this whole project. They’ve done a tremendous job. And the one thing I’ve always noticed with them and their comments is that they always made sure that the City came first. And I congratulate you on that. These two properties need to have one owner. If you’ve looked at these properties the complexity of the development of these properties is such that unless they’re combined I don’t know that they’ll ever be developed. There’s issues with stormwater. There’s issues with cut and fill. The stormwater issue is one of extreme amount of cost. There’s a 60-inch storm pipe that goes under Silverheel that needs to be extended all the way to the east property. It does no benefit whatsoever for these properties at all, but yet it needs to be built. It not only is going -- the cost of that, but also it’s the loss of the ground that is encompassing that stormwater. You got the other side of Silverheel, there’s another area over there. There’s two storm pipes that go into that area. You’re going to lose another three or four acres of ground there. If you go up around the corner on the southwest corner of this property, the sanitary sewer line goes up and then it cuts diagonal across and you lose another two to three acres of ground up there. So, the developable ground, the useable ground, if you will, the return on your investment is cut down by probably six to seven, eight acres. So, of the total 30 acres, if you put it all together, you’re only going to have about 22 acres. Now, if you take and put the properties together, then you can take cut and fill, you can get onto the west side of Silverheel, clean that all up, find out what you’ve got over there as far as fill. You can cut quite a bit off of the east side and move that over to the west side and reclaim some of that ground. And unless that happens, it’s a combination of all three of these, whether it’s two different owners of these properties. That’s why it’s necessary. Whoever the owner might be, it really needs to be one owner for that to happen. There are a couple of things that are happening right now and in the report that you have in front of you it shows that the county says somewhere in the five or six month area it’ll probably go to the courthouse steps and be auctioned off. That’s probably true. But I think it’s going to be quite a bit longer than that from what I’ve heard. So, it may go on for another year or two. We have three potential users for this property right now. They aren’t willing to pay the high price, but a reasonable price for pieces of ground on this property. And if we wait six months, we wait a year from now, I’m sure that those three potential users are going to go away. It takes cooperation I think between all of us. The other property owner that owns the nine acres on the east side of this has substantially, substantially reduced their selling price to make this happen. So, we are willing -- we are willing to put substantial dollars into the development of this and we’re asking the City for their cooperation, also to make this happen. There is just a lot of things that go into this. We think the cooperation of all of us together making this development happen will be a benefit in the long-term for the City of Shawnee.

MAYOR DISTLER: Thank you.

MR. ZARDA: Any questions?

MAYOR DISTLER: Does Council have any questions or comments for Mr. Zarda?

MR. ZARDA: I’ll be available for questions if you have some.

MAYOR DISTLER: Anyone from the audience that would like to speak to this item? Mr. Erlichman?

Public Comments:

MR. ERLICHMAN: Ray Erlichman, (Address Omitted). Yeah. That was quite a meeting the other night on that stormwater thing.

MAYOR DISTLER: People want them fixed.

MR. ERLICHMAN: Beg your pardon?

MAYOR DISTLER: They don’t want us getting behind on getting them fixed.

MR. ERLICHMAN: No. I just have a question about this because I read the supporting documents online and I just wanted to make sure I understood everything. So, possibly I can just get clarification. If I read it and I’m just talking about simple, basic numbers, not this was done here, this was done there and whatever. The City was out $937,000 because of this project originally. And as a result of what is going to be transpiring here, we will net back $687,000 of that. Is that a correct calculation?

CITY MANAGER GONZALES: If you took 250 off the first number, then, yes, that’s a calculation.

MR. ERLICHMAN: Right. Right. I just want to make sure I read it correctly because sometimes some of these wherefore, who to, how to, where that’s --

CITY MANAGER GONZALES: Correct.

MR. ERLICHMAN: -- get a little confusing to this guy from Brooklyn, New York.

CITY MANAGER GONZALES: And we’ll receive the future property taxes.

MR. ERLICHMAN: Right. So, we are netting back. We’re getting back what we had lost, 937,000. Basically we’re getting back $687,000 of that loss. Okay. Nice.

MAYOR DISTLER: But I want to clarify the loss wasn’t because of a bad investment or something --

MR. ERLICHMAN: No, no, no. It was --

MAYOR DISTLER: It was delinquent taxes of the property owner.

MR. ERLICHMAN: Right. Right. I understand that.

MAYOR DISTLER: Yeah.

MR. ERLICHMAN: But we’re recouping.

MAYOR DISTLER: Yes.

MR. ERLICHMAN: Again, sometimes some words have different meanings to different people. But basically there was not $937,000 out the door and we did not --

MAYOR DISTLER: Of delinquent taxes.

MR. ERLICHMAN: Of delinquent taxes of which now we are able to recoup 687,000 of them --

MAYOR DISTLER: Yes, sir.

MR. ERLICHMAN: -- with an abatement going forward to Mr. Zarda for the 250,000. But we’re getting back 687,000 that would have been lost.

MAYOR DISTLER: Yes, sir. Absolutely.

COUNCILMEMBER PFLUMM: Whoa, whoa, whoa. Could I just address Mr. Erlichman? Yeah. I mean, so really what’s going on is the new owners are willing to pay those back taxes right now. Okay. We’re not -- when that property -- if and when it ever sells or gets foreclosed on, you will get that money, that full amount from the county if the value of the property sells for the full amount. So, chances are you might not get the full amount. But in this case we hopefully get some development.

MR. ERLICHMAN: Right.

COUNCILMEMBER PFLUMM: Okay. And we get our tax dollars that was owed to us.

MR. ERLICHMAN: So, basically, like I said I just wanted -- I like to, you know, use the KISS theory right. You know, a kid from Brooklyn, what can I tell you. Basically, if all goes according to plan, you know, without getting into a semantics war here, we will be recouping 687,000 out of 937,000, which was basically lost one way or another.

COUNCILMEMBER JENKINS: It’s like having a bird in the hand instead of two in the bush it sounds to me.

MR. ERLICHMAN: Right.

COUNCILMEMBER JENKINS: We could wait it out, see if it sells for a higher amount and recoup more, or we could sell it. We could go for this deal right now and get basically two-thirds of it back and then have it move forward and maybe get some development out there and that kind of thing. So, there is definitely two sides to it you have to weigh it out. Which one sounds like the way to go. To me it sounds like the way to go.

MR. ERLICHMAN: Right. I just want to make sure I read it correctly. And personally I like that idea. It sounds good to me to get back that much money.

MAYOR DISTLER: We’d actually be taking more of a risk to let the property foreclosed upon.

MR. ERLICHMAN: Right.

COUNCILMEMBER JENKINS: Risk factor.

MR. ERLICHMAN: So, just like I said, I just wanted to make sure I understood what was in these supporting documents. Hey, yeah, it sounds like a good deal to me. Okay. Thank you very much for clarifying that. Thank you.

MAYOR DISTLER: Thank you. Okay. If there’s no other comments from the audience, I’ll accept a motion.

COUNCILMEMBER MEYER: 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.

[Therefore, Councilmember Meyer moved and Councilmember Kenig seconded to authorize the Mayor to sign the Summary of Agreement Terms with B.B.T. Zarda, LLC Related to Purchase of Property in the Silverheel South Benefit District. The motion passed 8-0.]

H. STAFF ITEMS

1. CONSIDER A CEREAL MALT BEVERAGE LICENSE FOR MI PUBLETO LOCATED AT 7425 QUIVIRA ROAD.

MAYOR DISTLER: The next item on the Agenda is Staff Items. Item Number 1 is to Consider a Cereal Malt Beverage License for Mi Publeto Located at 7425 Quivira Road.

Mi Publeto has submitted an application for the sale of cereal malt beverages in original and unopened containers and not for consumption on the premises at 7425 Quivira Road. The recommended action is to consider approving the license through December 31, 2016.

Does anyone on the Council have any questions? Anyone from the audience? I will accept a motion.

COUNCILMEMBER JENKINS: Motion to approve.

COUNCILMEMBER KEMMLING: 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, Councilmember Jenkins moved and Councilmember Kemmling seconded to approve a license for the sale of cereal malt beverages in original and unopened containers and not for consumption on the licensed premises for Mi Publeto, 7425 Quivira Road, through December 31, 2016. The motion passed 8-0.]

2. CONSIDER APPROVING FINAL PLANS, ACCEPTING EASEMENTS, AND AUTHORIZING STAFF TO ADVERTISE FOR BIDS THE CONNECT SHAWNEE PROJECT, P.N. 3412.

MAYOR DISTLER: Item Number 2 is to Consider Approving Final Plans, Accepting Easements, and Authorizing Staff to Advertise for Bids for the Connect Shawnee Project, P.N. 3412.

Final plans are complete and the estimated total cost of the project is $658,500. Funding sources include 2015 Kansas Transportation Alternatives (TAP) funds and Parks and Pipes. The next step is to approve final plans, accept easements, and authorize staff to proceed with bidding the project.

a) Consider approving the final plans.

There are three recommended actions. The first is to consider approving the final plans. Does anyone on the Council have any questions? Anyone from the audience want to speak to this item? I’ll accept a motion.

COUNCILMEMBER NEIGHBOR: So moved.

COUNCILMEMBER KEMMLING: 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, Councilmember Neighbor moved and Councilmember Kenig seconded approval of the final plans for the Connect Shawnee Project, P.N. 3412. The motion passed 8-0.]

b) Consider accepting permanent public recreation tract and construction easement.

MAYOR DISTLER: The second recommended action is to consider accepting the permanent public recreation tract and construction easement.

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 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.

[Therefore, Councilmember Vaught moved and Councilmember Sandifer seconded to accept the permanent public recreation tract and construction easement. The motion passed 8-0.]

c) Consider authorizing staff to advertise the project for bids.

MAYOR DISTLER: The final recommended action is to consider authorizing staff to advertise the project for bids.

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 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.

[Therefore, Councilmember Vaught moved and Councilmember Kenig seconded to authorize staff to advertise the project for bids. The motion passed 8-0.]

3. CONSIDER ACCEPTANCE OF CONVEYED EASEMENTS OF LAND FOR PUBLIC PURPOSES, AND CONSIDER BIDS AND AWARD CONTRACT FOR THE NIEMAN ROAD CORRIDOR SOUTH STORM DRAINAGE IMPROVEMENTS PROJECT, P.N. 3400, SMAC TC-21-072.

MAYOR DISTLER: Item 3 is to Consider Acceptance of Conveyed Easements of Land for Public Purposes, and Consider Bids and Award Contract for the Nieman Road Corridor South Storm Drainage Improvements Project, P.N. 3400, SMAC TC-21-072.

This project is on the City's Capital Improvement Plan for construction in 2016. All but two easements have been negotiated and they must be accepted by the Governing Body. Bids were received from six contractors on June 15, 2016. Staff recommends awarding the bid to Leath & Sons, Inc., Raytown, Missouri, in the amount of $3,952,182.98 and including Change Order No. 1, which is a reduction in quantities and materials totaling a decrease of $145,327.90.

a) Consider accepting the conveyance of land, or an interest therein for public purposes, contained in five easements listed as a “Right-of-Way” Expenditure on the Project Summary Table. Easements are listed on the Easements Acquisition Summary, dated June 21, 2016 for the Nieman Road Corridor South Storm Drainage Improvements, P.N. 3400, and authorize staff to record these permanent easements with the Johnson County Register of Deeds.

Two actions are required. The first is to consider accepting the conveyance of land, or an interest therein for public purposes, contained in five easements listed as a "Right-of-Way" Expenditure on the Project Summary Table and authorize staff to record these permanent easements with the Johnson County Register of Deeds.

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 VAUGHT: Second.

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

COUNCILMEMBERS: Aye.

MAYOR DISTLER: Opposed nay. Motion passes.

[Therefore, Councilmember Neighbor moved and Councilmember Vaught seconded to accept the conveyance of land, or an interest therein for public purposes, contained in five easements listed as a "Right-of-Way" Expenditure on the Project Summary Table. Easements are listed on the Easements Acquisition Summary, dated June 21, 2016 for the Nieman Road Corridor South Storm Drainage Improvements, P.N. 3400, and authorize staff to record these permanent easements with the Johnson County Register of Deeds. The motion passed 8-0.]

b) Consider approving and authorizing the Mayor to sign the contract with Leath & Sons, Inc. in the amount of $3,952,182.98 including Change Order No. 1.

MAYOR DISTLER: The next recommended action is to consider approving and authorizing the Mayor to sign the contract with Leath & Sons, Inc. in the amount of $3,952,182.98 including Change Order No. 1.

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 VAUGHT: Second.

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

COUNCILMEMBERS: Aye.

MAYOR DISTLER: Opposed nay. Motion passes.

[Therefore, Councilmember Kenig moved and Councilmember Vaught seconded to authorize the Mayor to sign the contract with Leath & Sons, Inc. in the amount of $3,952,182.98 including Change Order No. 1. The motion passed 8-0.]

4. CONSIDER ACCEPTANCE OF CONVEYED EASEMENTS OF LAND FOR PUBLIC PURPOSES, AND CONSIDER BIDS AND AWARD CONTRACT FOR THE 52nd CIRCLE AND 53rd STREET, EAST OF NIEMAN ROAD, STORM DRAINAGE IMPROVEMENTS PROJECT, P.N. 3402, SMAC TC-021-071.

MAYOR DISTLER: Item Number 4 is to Consider Acceptance of Conveyed Easements of Land for Public Purposes, and Consider Bids and Award Contract for the 52nd Circle and 53rd Street, East of Nieman Road, Storm Drainage Improvements Project, P.N. 3402, SMAC TC-021-071.

This project is on the City's Capital Improvement Plan for construction in 2016. The last easement has been obtained and must be accepted by the Governing Body. Bids were received from five contractors on June 17, 2016. Staff recommends awarding the bid to Amino Brothers Company, Inc., Kansas City, Kansas, in the amount of $501,567.97.

a) Consider accepting the conveyance of land, or an interest therein for public purposes, contained in a single easement listed as a “Right-of-Way” Expenditure on the Project Summary Table, dated June 21, 2016 for the 52nd Circle and 53rd Street, East of Nieman Rd. Storm Drainage Improvements, P.N. 3402, and authorize staff to record this permanent easement with the Johnson County Register of Deeds.

Two actions are required. The first is to consider accepting the conveyance of land, or an interest therein for public purposes, contained in a single easement listed as a "Right-of-Way" Expenditure on the Project Summary Table, dated June 21, 2016, for the 52
nd Circle and 53rd Street, East of Nieman Rd. Storm Drainage Improvements, P.N. 3402, and authorize staff to record this permanent easement with the Johnson County Register of Deeds.

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.

[Therefore Councilmember Pflumm moved and Councilmember Neighbor seconded to accept the conveyance of land, or an interest therein for public purposes, contained in a single easement listed as a "Right-of-Way" Expenditure on the Project Summary Table, dated June 21, 2016, for the 52nd Circle and 53rd Street, East of Nieman Rd. Storm Drainage Improvements, P.N. 3402, and authorize staff to record this permanent easement with the Johnson County Register of Deeds. The motion passed 8-0.]

b) Consider approving and authorizing the Mayor to sign the contract with Amino Brothers Co., Inc. in the amount of $501,567.97.

MAYOR DISTLER: The next recommended action is to consider approving and authorizing the Mayor to sign the contract with Amino Brothers Correct., Inc. in the amount of $501,567.97.

Does anyone on the Council have any questions? Anyone from the audience who 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.

[Therefore, Councilmember Pflumm moved and Councilmember Neighbor seconded to authorize the Mayor to sign the contract with Amino Brothers Correct., Inc. in the amount of $501,567.97. Motion passed 8-0.]

5. CONSIDER BIDS AND AWARD CONTRACT FOR 2016 CHIP SEAL PROGRAM.

MAYOR DISTLER: Item 5 is to Consider Bids and Award Contract for 2016 Chip Seal Program.

Bids were received on June 17, 2016, from two contractors. Staff is recommending Harbour Construction, Inc. in the amount of $162,360. The budget for this work is $150,000, but due to cost savings from other budgeted projects, there are sufficient dollars in the Special Highway Fund to cover the $12,360 difference.

The recommended action is to consider approving the bid and authorizing the Mayor to sign the 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: So moved.

COUNCILMEMBER VAUGHT: Second.

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

COUNCILMEMBERS: Aye.

MAYOR DISTLER: Opposed nay. Motion passes.

[Therefore, Councilmember Kenig moved and Councilmember Vaught seconded to authorize the Mayor to sign the contract. The motion passed 8-0.]

6. CONSIDER BIDS AN APPROVE PURCHASE OF AN AERIAL BUCKET FOR THE PUBLIC WORKS DEPARTMENT.

MAYOR DISTLER: Item Number 6 is to Consider Bids an Approve Purchase of an Aerial Bucket for the Public Works Department.

The Public Works Department is requesting to replace the lift platform on their traffic vehicle with an aerial bucket. Bids were received on June 10, 2016, and staff is recommending Kranz of KC in the amount of $55,767.

The recommended action is to consider approving the purchase. Does anyone on the Council have any questions? Mr. Pflumm.

COUNCILMEMBER PFLUMM: Yeah. Could we get just an explanation of, you know, why we need to change it?

MS. GARD: Caitlin Horner-Gard, Public Works. Haven’t done that in a while. The current platform on our truck, which is included in your packet, a picture of it, it currently -- it works for the department, but it doesn’t do a lot of things that a bucket could do. Included in the packet, those items are: work on any street with more than a five-degree incline; any light feature that’s over 30-feet in height; when there’s any surrounding growth to the bucket or lift; and then also if the lift is near any overhead power lines. So, this bucket would be able to do that. It’s an insulated bucket.

COUNCILMEMBER PFLUMM: Have we had any issues doing any particular place right now and do we have another bucket in the City, in the Parks Department or --

MS. GARD: We do have a current bucket truck. You know, we purchased one last year, a used bucket truck. We currently have that bucket and we also can contract out a bunch of our -- not a bunch, that was too strong of a word. A few areas, like I said, on streets that have over an incline of so much or anything that has any power lines associated with it. So, we contract out a couple jobs that we could be doing in-house.

COUNCILMEMBER PFLUMM: I just don’t know that I’m in favor of swapping that, so.

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

COUNCILMEMBER NEIGHBOR: I would note that it says there is $80,000 in the reserve fund [inaudible; talking off mic].

COUNCILMEMBER PFLUMM: I’ve got one more question, but I don’t know that you answered that. Do we have another one in the City not in Public Works?

MS. GARD: No, we do not have any bucket trucks other than the one that we purchased used last year in the Public Works Department or in the City in general.

COUNCILMEMBER PFLUMM: But that bucket truck will do 90 percent or 99 or 100 percent of what we want to do?

MS. GARD: It does the majority of the work. But like I said, when you contract out a couple jobs, we just approved our streetlight and traffic signal maintenance contract. But we could be doing some of that in-house if we had this additional bucket. So, rather than purchasing a whole new vehicle, we’re just requesting to replace the lift which is a significant cost savings because the cab and chassis are still good.

COUNCILMEMBER PFLUMM: Well, I really understand that. I mean, that’s good. You know, if you really, really, really got to have it, so.

MAYOR DISTLER: Mr. Jenkins.

COUNCILMEMBER JENKINS: Yeah. Just help me out with -- about what does it run us every year for just the contracting out part of it?

MS. GARD: Well, the entire traffic signal and street light maintenance contract is I believe $145,000 is what the Governing Body approved.

COUNCILMEMBER JENKINS: But we’re not going to do all that with this bucket truck, right?

MS. GARD: Correct.

COUNCILMEMBER JENKINS: So, about how much is this going to save us if we could do it in-house now? Do you we have any idea of what the offsetting costs are?

MS. GARD: I don’t know. I couldn’t give you that number right now. We could --

CITY MANAGER GONZALES: And it would vary from year to year depending on the needs --

COUNCILMEMBER JENKINS: Oh, I’m sure it does.

CITY MANAGER GONZALES: -- depending on the needs, the outages, the banners are one of the issues we have.

COUNCILMEMBER JENKINS: Well, we should have some track record. We’ve been doing it by contracting.

CITY MANAGER GONZALES: Sure. But the contract is $145,000, and we think that’s about what we’ll use each year with the contract. But it just depends again on the outages, how many we have to repair. We don’t --

COUNCILMEMBER JENKINS: So, by that it’s going to pay for itself is what you’re saying?

MS. GARD: We believe so.

CITY MANAGER GONZALES: No.

COUNCILMEMBER PFLUMM: No, no, no, no. She just said we’re still going to pay the same amount, right? And our contract is $145,000 a year.

CITY MANAGER GONZALES: That’s what we’ve averaged and so that’s what we did it to was based. They would only pay for what we use on that.

COUNCILMEMBER PFLUMM: Okay.

CITY MANAGER GONZALES: So, if we had less repairs and we did some of them in-house, then we would pay less.

COUNCILMEMBER PFLUMM: So, for me are we going to reduce the 145,000 before I vote on something perfectly fine that we have, spending 55,000 on it?

CITY MANAGER GONZALES: I can’t guarantee that. It just depends again on how many outages, how much damage we have to repair, things that come up during the year.

COUNCILMEMBER SANDIFER: We could spend more.

CITY MANAGER GONZALES: True.

COUNCILMEMBER PFLUMM: No. I mean, so that’s -- are we going to utilize our bucket truck to try and alleviate additional expenses in that contract?

CITY MANAGER GONZALES: As Caitlin said, some of the things we’re doing now, the five percent inclines that we are contracting out because we don’t have a truck that will work with those. Now, we would use this truck to do those if we can. If we have the staff available, if the -- it depends on what else is going on in terms of work orders.

COUNCILMEMBER PFLUMM: But we could also do some of the ones that are not five percent inclines that we currently have contracted out and only contract out those five percent inclines are tough, difficult, you know, whatever applications.

CITY MANAGER GONZALES: I’m sure our folks are going to do anything they can in-house before we would tap the contract. It’s just a matter of running out of staff because there’s too many things broken that need to be fixed.

COUNCILMEMBER PFLUMM: Okay.

MAYOR DISTLER: Any other questions or comments from the Council? Mr. Kenig.

COUNCILMEMBER KENIG: Yes. So, from an efficiency standpoint having this additional bucket truck would allow a lot of multiple projects to be done simultaneously, too, in the event that is needed?

CITY MANAGER GONZALES: Absolutely. Yeah. Absolutely.

COUNCILMEMBER KENIG: Okay. And also to the fact that we’re limited by the fact that the current truck can’t operate near power lines which probably limits us, so additional contracting.

MS. GARD: That’s a significant portion of our work along with the hills. That’s the additional issue.

COUNCILMEMBER KENIG: Okay. But being able to handle multiple projects simultaneously is probably a pretty beneficial need I would think.

MS. GARD: Yep.

COUNCILMEMBER KENIG: Okay.

MAYOR DISTLER: And we have a lot of hills in Shawnee. Mr. Vaught.

COUNCILMEMBER VAUGHT: So, if I hear you right, with one bucket truck, if that truck breaks and is in the shop, and we have a problem where we need a truck insulated around power lines, then not only do we have to contract that, but we pay a premium because we have an issue and we need it now versus having two trucks that can do the same thing. If one is done, we still have another truck.

MS. GARD: Yeah. We would either contract it or rent a bucket truck is what would happen.

COUNCILMEMBER VAUGHT: Which isn’t cheap.

MS. GARD: Right.

COUNCILMEMBER VAUGHT: Thank you.

COUNCILMEMBER PFLUMM: So, I’m going to go along with you this time. I don’t agree a hundred percent, but I hope that we alleviate some of that contract that we have currently.

MAYOR DISTLER: Okay. Yeah. That’s something I still need to do with the Public Works Department. That hasn’t made my list yet.

COUNCILMEMBER VAUGHT: Be sure it’s a windy day. Oh, it’s fun in a windy bucket.

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

COUNCILMEMBER VAUGHT: 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.

[Therefore, Councilmember Vaught moved and Councilmember Kenig seconded to approve the purchase of an aerial bucket from Kranz of KC in the amount of $55,767. The motion passed 8-0.]

7. CONSIDER COOPERATIVE AGREEMENT FOR FY 2016 LOCAL EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) FUNDS.

MAYOR DISTLER: Item 7 is to Consider Cooperative Agreement for FY 2016 Local Edward Byrne Memorial Justice Assistance Grant (JAG) Funds.

Shawnee, Overland Park, Olathe are applying jointly for this grant and Olathe will be the lead agency. The Police Department expects to be awarded $10,335 and intends to use the grant to purchase a Thermo Scientific Refrigerator for evidence storage.

The recommended action is to consider approving and authorizing the Mayor to sign the Cooperative Agreement involving the application and expenditure of the 2016 JAG funds.

Does anyone on the Council have any questions? Is there 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.

[Therefore, Councilmember Sandifer mover and Councilmember Neighbor seconded to authorize the Mayor to sign the Cooperative Agreement between the City of Olathe, Overland Park and Shawnee, Kansas involving the application and expenditure of the 2016 JAG funds. The motion passed 8-0.]

I. MISCELLANEOUS ITEMS

1. RATIFY SEMI-MONTHLY CLAIM FOR JUNE 27, 2016 IN THE AMOUNT OF $2,447,512.10.

MAYOR DISTLER: And the next item is I. Miscellaneous Items. Item Number 1 is to Ratify Semi-Monthly Claim for June 27, 2016, in the Amount of $2,447,512.10.

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.

[Therefore, Councilmember Vaught moved and Councilmember Meyer seconded to approve the Semi-Monthly Claim. The motion passes 8-0.]

2. MISCELLANEOUS COUNCIL ITEMS.

MAYOR DISTLER: Miscellaneous Council Items. Does anyone on the Council have an item that they would like to discuss?

I just quickly want to recognize Mr. Paul Rutherford, my high school algebra teacher that was finally able to make it here tonight to visit a City Council meeting and likes to credit for me sitting here. But I told him my second grade teacher has already tried to take that credit, so.

MR. RUTHERFORD: [Inaudible; talking off mic.]

COUNCILMEMBER VAUGHT: What kind of grades did she get? That’s what we want to know. Aced it, B, C?

COUNCILMEMBER SANDIFER: Did she have to take her shoes to count [inaudible]?

MAYOR DISTLER: He’s actually been recognized by the President of the United States because he’s like a genius with what he does with engineering and all these things. So, I’m pretty proud to say I was a student of his. So, thank you for visiting us today.

MR. RUTHERFORD: [Inaudible] and stormwater, that’s near and dear to my heart.

MAYOR DISTLER: Yes. That’s his thing.

MR. RUTHERFORD: Thank you, Mayor.

MAYOR DISTLER: Thank you. Mr. Vaught.

COUNCILMEMBER VAUGHT: Just real quick. Can we get this speaker replaced up here? It’s blown and it keeps buzzing. It’s something that’s kind of -- the deeper the voice that worse it is and it crackles and so. I meant to say something last week. I’m sorry. I meant to say something last week.

COUNCILMEMBER PFLUMM: It doesn’t bother us over here.

COUNCILMEMBER VAUGHT: Okay. It doesn’t bother you. Don’t worry about it then. If it doesn’t bother them, don’t spend the hundred bucks. Leave it alone.

COUNCILMEMBER PFLUMM: Maybe that’ll slow you down a little bit. I do have a comment.

MAYOR DISTLER: Well, it’s actually been an issue for a long time. Because when I used to sit down there is cracked, so I mean, it’s been forever.

COUNCILMEMBER JENKINS: I thought we got new stuff.

MAYOR DISTLER: It’s been forever. I don’t think that was replaced.

COUNCILMEMBER SANDIFER: Well, there’s a lot of hot air over here.

COUNCILMEMBER JENKINS: That’s true. It’s probably affecting that.

[Inaudible; talking over one another]

MAYOR DISTLER: Mr. Pflumm.

COUNCILMEMBER PFLUMM: Yeah. I really want to thank everybody here. I had a million phone calls and flowers and thank you for the flowers. And we had a death in our family and it was -- it rocks your world and it makes you think. But we have an awesome community we live in and there is so much good here. So, thanks.

MAYOR DISTLER: Any other comments?

3. CONDUCT EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING THE ACQUISITION OF PROPERTY.

No executive session was conducted.

J. ADJOURNMENT

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

COUNCILMEMBER SANDIFER: Move to adjourn.

COUNCILMEMBER NEIGHBOR: Second.

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

COUNCILMEMBER MEYER: Aye.

MAYOR DISTLER: Oppose nay. Motion passes. We are adjourned. Thank you.

[Therefore, Councilmember Sandifer moved and Councilmember Neighbor seconded to adjourn. The motion passed 8-0.]
(Shawnee City Council Meeting Adjourned at 8:25 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 July 6, 2016

Deborah A. Sweeney, Recording Secretary

APPROVED BY:

_______________________

Stephen Powell, City Clerk











File Attachment Icon
CC06272016.docx