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CITY OF SHAWNEE
CITY COUNCIL MEETING
MINUTES
January 23, 2017
7:00 P.M.

Michelle Distler – Mayor

Councilmembers Present Staff Present
Councilmember PflummDeputy City Manager Charlesworth
Councilmember NeighborAssistant City Manager Sunderman
Councilmember JenkinsCity Clerk Powell
Councilmember KemmlingCity Attorney Rainey
Councilmember VaughtFinance Director Rogers
Councilmember MeyerPlanning Director Chaffee
Councilmember SandiferPublic Works Director Whitacre
Councilmember KenigDevelopment Services Dir. Wesselschmidt
IT Director Bunting
Police Chief Moser
Fire Chief Mattox
Communications Manager Breithaupt
Business Liaison Holtwick

(Shawnee City Council Meeting Called to Order at 7:00 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 if our Boy Scout would like to come up and lead us in the Pledge of Allegiance followed by a moment of silence.

(Pledge of Allegiance and Moment of Silence)

MAYOR DISTLER: Thank you. Would you like to tell us your name and what troop you’re with?

(Boy Scout introduced himself)

MAYOR DISTLER: Thank you.

Okay. 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.

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

COUNCILMEMBER SANDIFER: Move 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 carried 8-0.]
D. MAYOR’S ITEMS

MAYOR DISTLER: The next item on the agenda is Mayor's Items and I do not have anything tonight.
E. APPOINTMENTS

1. CONSIDER REAPPOINTMENTS TO THE VISIT SHAWNEE ADVISORY COMMITTEE.

MAYOR DISTLER: The next item is Appointments. Item Number 1 is to Consider Reappointments to the Visit Shawnee Advisory Committee. I am recommending the reappointment of JoLynn Brosnan, Robin Frazee, Roxane Hill, Ruben Luna, Dave MacKay, and Cathy Marks to the Visit Shawnee Advisory Committee with terms expiring on January 31, 2019. We will need to vote on each appointment separately.

a) Reappoint JoLynn Brosnan with a term expiring January 31, 2019.

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

COUNCILMEMBER NEIGHBOR: So moved.

COUNCILMEMBER PFLUMM: Second.

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

COUNCILMEMBERS: Aye.

MAYOR DISTLER: Opposed nay. Motion passes.
[Therefore, the motion was made by Councilmember Neighbor and seconded by Councilmember Pflumm to approve the reappointment of JoLynn Brosnan to the Visit Shawnee Advisory Committee with a term expiring January 31, 2019.
The motion carried 8-0.]

b) Reappoint Robin Frazee with a term expiring January 31, 2019.

MAYOR DISTLER: I will accept a motion for Robin Frazee.

COUNCILMEMBER PFLUMM: So moved.

COUNCILMEMBER KENIG: 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 Pflumm and seconded by Councilmember Kenig to approve the reappointment of Robin Frazee to the Visit Shawnee Advisory Committee with a term expiring January 31, 2019.
The motion carried 8-0.]

c) Reappoint Roxanne Hill with a term expiring January 31, 2019.

MAYOR DISTLER: I’ll accept a motion for Roxanne Hill.

COUNCILMEMBER PFLUMM: So moved.

COUNCILMEMBER JENKINS: 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 Pflumm and seconded by Councilmember Jenkins to approve the reappointment of Roxanne Hill to the Visit Shawnee Advisory Committee with a term expiring January 31, 2019.
The motion carried 8-0.]

d) Reappoint Ruben Luna with a term expiring January 31, 2019.

MAYOR DISTLER: I will accept a motion for Ruben Luna.

COUNCILMEMBER PFLUMM: So moved.

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 Pflumm and seconded by Councilmember Neighbor to approve the reappointment of Ruben Luna to the Visit Shawnee Advisory Committee with a term expiring January 31, 2019.
The motion carried 8-0.]

e) Reappoint Dave MacKay with a term expiring January 31, 2019.

MAYOR DISTLER: I’ll accept a motion for Dave Mackay.

COUNCILMEMBER PFLUMM: So moved.

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 Pflumm and seconded by Councilmember Neighbor to approve the reappointment of Dave MacKay to the Visit Shawnee Advisory Committee with a term expiring January 31, 2019.
The motion carried 8-0.]

f) Reappoint Cathy Marks with a term expiring January 31, 2019.

MAYOR DISTLER: Finally, I’ll accept a motion for Cathy Marks.

COUNCILMEMBER KENIG: So moved.

COUNCILMEMBER PFLUMM: Second.

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

COUNCILMEMBERS: Aye.

MAYOR DISTLER: Opposed nay. Motion passes.
[Therefore, the motion was made by Councilmember Kenig and seconded by Councilmember Pflumm to approve the reappointment of Cathy Marks to the Visit Shawnee Advisory Committee with a term expiring January 31, 2019.
The motion carried 8-0.]



2. CONSIDER APPOINTMENTS TO THE VISIT SHAWNEE ADVISORY COMMITTEE.

MAYOR DISTLER: Item Number 2 is to Consider Appointments to the Visit Shawnee Advisory Committee. I am recommending the appointment of Larry Newport with a term expiring on January 31, 2019. Does anyone on the Council have any questions? Anyone from the audience that would like to speak to this item?

COUNCILMEMBER SANDIFER: 2018. You said ’19, I thought.

MAYOR DISTLER: It says ’19 on here. When does the term expire?

COUNCILMEMBER VAUGHT: It says ’18.

MAYOR DISTLER: It’s ’18. Okay. Expiring January 31, 2018. Do I have a motion?

COUNCILMEMBER SANDIFER: Motion to approve.

COUNCILMEMBER PFLUMM: Second.

MAYOR DISTLER: I have a motion and a second. All in favor signify by saying aye.

COUNCILMEMBERS: Aye.

MAYOR DISTLER: Motion passes.
[Therefore, the motion was made by Councilmember Sandifer and seconded by Councilmember Pflumm to approve the appointment of Larry Newport to the Visit Shawnee Advisory Committee with a term expiring January 31, 2018.
The motion carried 8-0.]

F. BUSINESS FROM THE FLOOR

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

G. PUBLIC ITEMS

1. CONSIDER CONTRACT NO. 17-0008, A FUNDING AGREEMENT WITH BELLMONT PROMENADE, LLC RELATED TO AN APPLICATION FOR ECONOMIC DEVELOPMENT INCENTIVES, INCLUDING A TAX INCREMENT FINANCING DISTRICT.

MAYOR DISTLER: The next item on the agenda is Public Items. Item Number 1 is to Item #1 is to Consider Contract No. 17-0008, a Funding Agreement with Bellmont Promenade, LLC Related to an Application for Economic Development Incentives, Including a Tax Increment Financing District.

Bellmont Promenade, LLC entered into preliminary discussions with staff to request the establishment of a Tax Increment Financing (TIF) District to assist in funding a new retail and restaurant center at the southwest corner of Shawnee Mission Parkway and Maurer Road. The funding agreement will provide for developer reimbursement of costs associated with the analysis needed to work through the TIF process.

The recommended action is to approve and authorize the Mayor to sign the agreement. Does anyone on the Council have any questions? Mr. Kemmling?

COUNCILMEMBER KEMMLING: I just wanted to clarify that they are asking the City to contribute $20,000 so that they can see if a TIF is plausible?

CITY MANAGER GONZALES: No. The funding agreement provides that Bellmont Promenade contributes $20,000 to the City. Then we use that funding to pay bills from Springsted, our financial advisor, Kutak Rock, our legal counsel, in order to investigate the feasibility of the TIF district.

COUNCILMEMBER KEMMLING: Okay. Thank you.

MAYOR DISTLER: Any other questions from -- Mr. Kenig?

COUNCILMEMBER KENIG: Yeah. I just wanted to make a comment. It’s exciting to see a project of this scope, especially with that southwest corner. I know we struggled to develop that for a while now. And I like that it’s also mixed use and that there’s 18,000 square feet of office, which is something that’s sorely needed in the city. So, very happy to see this.

MAYOR DISTLER: Thank you. Any other questions or comments from the Council? Anyone from the audience that would like to speak to 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 PFLUMM, NEIGHBOR, VAUGHT, MEYER, SANDIFER, KENIG: Aye.

MAYOR DISTLER: Opposed nay.

COUNCILMEMBERS JENKINS, KEMMLING: Nay.

MAYOR DISTLER: Motion passes with Mr. Kemmling voting in dissent.

COUNCILMEMBER JENKINS: I voted in dissent.

MAYOR DISTLER: Oh, and Mr. Jenkins. Sorry.
[Therefore, the motion was made by Councilmember Sandifer and seconded by Councilmember Neighbor to approve and authorize the Mayor to sign the funding agreement with Bellmont Promenade, LLC. The motion carried 6-2 with Councilmembers Jenkins and Kemmling voting no.]

2. CONSIDER CONTRACT NO. 17-0009, A DEVELOPMENT AGREEMENT WITH HIGHLANDS DEVELOPMENT, LLC RELATED TO TWO NEW MEDICAL FACILITIES IN SHAWNEE CROSSINGS.

MAYOR DISTLER: Item Number 2 is to Consider Contract No. 17-0009, a Development Agreement with Highlands Development, LLC Related to Two New Medical Facilities in Shawnee Crossings.

Highlands Development, LLC is proposing two new medical facilities operated by the Veterans Administration located in the Shawnee Crossings development. The project will provide over 40,000 square feet of medical office space, provide for 50 new employees and serve an estimated 20,000 patients annually. The developer is requesting reimbursement of project costs in the amount of $300,000.

The recommended action is to approve and authorize the Mayor to sign the agreement. Chris Williams from Highlands Development is here if the Council has any questions. Does the Council have any questions or comments on this item?

COUNCILMEMBER JENKINS: Yes, I do.

MAYOR DISTLER: Mr. Jenkins.

COUNCILMEMBER JENKINS: Yes. Are there any other financial incentives in place right now for this developable area?

CITY MANAGER GONZALES: There are not.

COUNCILMEMBER JENKINS: There’s no 75 percent --

CITY MANAGER GONZALES: No.

COUNCILMEMBER JENKINS: -- [inaudible] taxes?

CITY MANAGER GONZALES: No, not for this. This is a vacant piece of property within Shawnee Crossings.

COUNCILMEMBER JENKINS: So, it’s not considered part of that overall?

CITY MANAGER GONZALES: No. Those are approved project by project. And so the Perceptive Software, I can’t remember the abatement that they did have on that building, but at this time that’s the only --

COUNCILMEMBER JENKINS: Okay. That issue was raised to me, so I thought I’d bring it up.

CITY MANAGER GONZALES: Yeah. And I do want to clarify while I have the floor that the developer may request IRB financing for sales tax exemption. But that’s an incentive the City is a conduit for, not a city incentive itself. But other than that their intention is to not ask for any tax abatement.

MAYOR DISTLER: Mr. Neighbor?

COUNCILMEMBER NEIGHBOR: Yes. I just threw in there that it seems as they did their diligence they found that, and we talked about this I believe in committee, they found that there was a lot of good old limestone down there. And basically this is --helped them to make the development the thing that I applaud that these -- when these buildings are built they would immediately come on the tax rolls.

MAYOR DISTLER: Any other questions or comments from the Council? Anyone from the audience that would like to speak to 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.

COUNCILMEMBER KEMMLING: Nay.

MAYOR DISTLER: Motion passes. Mr. Kemmling in dissent.
[Therefore, the motion was made by Councilmember Vaught and seconded by Councilmember Meyer to approve and authorize the Mayor to sign the Development Agreement with Highlands Development, LLC. The motion carried 7-1, with Councilmember Kemmling voting no.]

3. CONSIDER RESOLUTION NO. 1794, APPROVING AND AUTHORIZING THE MAYOR TO SIGN DEED AND RELATED DOCUMENTS CONVEYING PROPERTY TO SC INDUSTRIAL IV, LLC IN CONNECTION WITH FINAL PAYMENT OF REVENUE BONDS.

MAYOR DISTLER: Item Number 3 is to Consider Resolution No. 1794, Approving and Authorizing the Mayor to Sign Deed and Related Documents Conveying Property to SC Industrial IV, LLC in Connection with Final Payment of Revenue Bonds.

In 2005, the City issued Industrial Revenue Bonds for a building at 22701 W. 68th Street in Shawnee Crossings. The Company has notified the City that the bonds have been paid in full and intends to exercise its option to purchase the Project as provided in the Lease Agreement.

The recommended action is to adopt Resolution No. 1794. Does anyone on the Council have any questions? Anyone from the audience that would like to speak to this item? Seeing none, I will accept a motion.

COUNCILMEMBER JENKINS: So moved.

COUNCILMEMBER PFLUMM: Second.

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

COUNCILMEMBERS: Aye.

MAYOR DISTLER: Opposed nay. Motion passes.
[Therefore, the motion was made by Councilmember Jenkins and seconded by Councilmember Pflumm to adopt Resolution No. 1794, approving and authorizing the Mayor to sign the Special Warranty deed and other release documents.
The motion carried 8-0.]

4. CONDUCT A PUBLIC HEARING TO CONSIDER THE CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT FOR THE 2016 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS.

MAYOR DISTLER: Item Number 4 is to conduct a Public Hearing to Consider the Consolidated Annual Performance and Evaluation Report for the 2016 Community Development Block Grant Funds.

The Community Development Block Grant program requires a public hearing be held to provide the opportunity for citizen participation. Staff will forward the report to the Department of Housing and Urban Development after the public hearing.

a) Conduct Public Hearing

MAYOR DISTLER: There are three actions required for this item. The first is conduct a public hearing. I will accept a motion.

COUNCILMEMBER SANDIFER: Motion to conduct a Public Hearing.

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, the motion was made by Councilmember Sandifer and seconded by Councilmember Vaught to conduct a Public Hearing. The motion carried 8-0.]

MAYOR DISTLER: We are now in a Public Hearing. This is a formal public hearing required by law. This public hearing will begin with a presentation by Planning Director Paul Chaffee. After Mr. Chaffee's presentation, I will ask Councilmembers if they have any questions specifically related to the presentation. I will then ask if there are any comments from the public.

Once the public hearing is closed, we will have Council discussion followed by a motion.

Mr. Chaffee, please go ahead.

MR. CHAFFEE: The City is required to hold a public hearing to receive any comments on the Consolidated Annual Performance and Evaluation Report (CAPER) covering activities undertaken with Community Development Block Grant (CDBG) Funds. The purpose of the report is to review progress made in the expenditure of funds and anticipated completion of activities that were ongoing through December 31, 2016.

And I do want to make a note that while it appears 2016 fund spending doesn’t look like it’s moving along real well, HUD is approximately a year behind in allocating the funds. So, while it appears that the Barton Street project wasn’t undertaken in 2016 and the Minor Home Repair Program didn’t do any homes using 2016 funds it’s because we weren’t even given the opportunity to request the release of funds until September. So, that may answer some questions about the report.

During 2016, the YMCA of Greater Kansas City provided after school care for 11 families. Johnson County Parks and Rec provided scholarships for their summer day camp program. 16 families, including 25 children, were served. The Salvation Army provided rent and utility emergency assistance to 55 low income families. Catholic Charities of Northeast Kansas also provided rent and utility assistance to 41 Shawnee residents.

In 2016, the City of Shawnee completed a street and stormwater improvement project which was the 60th Street and Barton stormwater project just southwest of City Hall here. The improvements included installation of 400 feet of storm sewers, five drainage structures, and rear yard grading to eliminate an existing drainage swale. The project served approximately 75 households. Construction of the project was completed in October 2016.

The 2016 CDBG infrastructure project will not be completed until 2017. The Barton Street Improvements, which are from 66th Terrace to 67th Street, includes upgrading Barton Street to current City standards. The project directly serves 25 low-moderate income households.

Johnson County Housing Services utilized their entire $25,000 allocation of 2015 CDBG funds in 2016 for the Minor Home Repair and Revitalization programs. These funds were spent on repair work on seven homes in Shawnee.

That concludes staff’s presentation.

MAYOR DISTLER: Thank you. Does anyone on the Council have any questions? Mr. Jenkins?

COUNCILMEMBER JENKINS: Yes. Paul, now we didn’t get the money until September you said from HUD?

MR. CHAFFEE: Yes.

COUNCILMEMBER JENKINS: That’s crazy. So, we had money left over because we were not able to get it spent within the period of time we had remaining in the year to do so.

MR. CHAFFEE: Correct.

COUNCILMEMBER JENKINS: Are we able to carry those funds forward or do we have to return those or where do we stand?

MR. CHAFFEE: No. Those funds are carried over --

COUNCILMEMBER JENKINS: We do carry them over.

MR. CHAFFEE: -- from year to year.

COUNCILMEMBER JENKINS: Great.

MR. CHAFFEE: Right. In fact, just today we got our last environmental comment on the Barton Street project, so that tells you how long the whole process will take.

COUNCILMEMBER JENKINS: Because their fiscal year is going to be October anyway, so.

MR. CHAFFEE: Right.

COUNCILMEMBER JENKINS: Yeah.

MAYOR DISTLER: Any other? Mr. Kenig?

COUNCILMEMBER KENIG: Yes. Paul, can you remind me what happens with unspent funds? Does an organization return those? Does it impact their allocation for the following year?

MR. CHAFFEE: Yeah. Unspent funds can be rolled over. So, if the YMCA of Greater Kansas City didn’t use all of their allocation they can carry that over into the next year. The bottom line is after two years we have to -- can’t have more than 150 percent of our allocation not being spent. That’s getting to be a problem for some communities because if you get your grants awarded in September, they count that as a fall allocation. And by the time you do all the requests for release of funds you can’t even spend anything. So, it’s an issue they’re going to have to deal with at some point in time.

MAYOR DISTLER: Any other questions from the Council? Anyone from the audience that would like to speak to this item?

b) Conclude Public Hearing

MAYOR DISTLER: Okay. So, the second action is to close the Public Hearing. I will accept a motion.

COUNCILMEMBER JENKINS: Move to close the Public Hearing.

COUNCILMEMBER PFLUMM: Second.

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

COUNCILMEMBERS: Aye.

MAYOR DISTLER: Opposed nay. Motion passes. The Public Hearing is now closed.
[Therefore, the motion was made by Councilmember Jenkins and seconded by Councilmember Pflumm to conclude the Public Hearing. The motion carried 8-0.]

MAYOR DISTLER: The third action is to consider accepting the 2016 Consolidated Annual Performance and Evaluation Report. Is there any discussion from the Council?

COUNCILMEMBER JENKINS: I would move to accept the 2016 Consolidated Annual Performance and Evaluation Report.

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 Jenkins and seconded by Councilmember Neighbor to accept the 2016 Consolidated Annual Performance and Evaluation Report. The motion carried 8-0.]

H. COUNCIL ITEMS

1. ELECTION OF 2017 COUNCIL PRESIDENT.

MAYOR DISTLER: The next item on the agenda is Council Items. Item Number 1 is the Election of the 2017 Council President. Charter Ordinance No. 45 provides that at the first regular City Council meeting in January of each year the Governing Body shall elect one member of the Council as president. This item was tabled from the January 9th, 2017 City Council meeting. The action needed is to nominate and elect a Council president. Does any member of the Council have a nomination?

COUNCILMEMBER SANDIFER: I do.

MAYOR DISTLER: Mr. Sandifer.

COUNCILMEMBER SANDIFER: I’m like to nominate Jim Neighbor for Council President.

MAYOR DISTLER: A motion has been made. And there is no second.
[Therefore, the motion was made by Councilmember Sandifer to nominate Councilmember Neighbor as Council President. The motion failed for lack of a second.]

MAYOR DISTLER: Is there another nomination? Mr. Pflumm?

COUNCILMEMBER PFLUMM: I would like to nominate Mike Kemmling.

MAYOR DISTLER: A nomination has been made. Is there a second?

COUNCILMEMBER JENKINS: I would second.

MAYOR DISTLER: We have a motion and a second. Is there any discussion by the Council? Okay. Anyone from the audience that would like to speak to this item? Okay. Do a roll call vote? Mr. Neighbor?

COUNCILMEMBER NEIGHBOR: Who are we voting for?

MAYOR DISTLER: Mr. Kemmling.

COUNCILMEMBER NEIGHBOR: No.

COUNCILMEMBER PFLUMM: Aye.

COUNCILMEMBER JENKINS: Aye.

COUNCILMEMBER KEMMLING: Aye.

COUNCILMEMBER VAUGHT: No.

COUNCILMEMBER MEYER: No.

COUNCILMEMBER SANDIFER: No.

COUNCILMEMBER KENIG: No.

MAYOR DISTLER: Motion fails.
[Therefore, the motion was made by Councilmember Pflumm and seconded by Councilmember Jenkins to nominate Councilmember Kemmling as Council President. The motion fails 3-5 with Councilmembers Neighbor, Vaught, Meyer, Sandifer and Kenig voting no.]

MAYOR DISTLER: I’ll accept another nomination.

COUNCILMEMBER VAUGHT: Mayor.

MAYOR DISTLER: Mr. Vaught.

COUNCILMEMBER VAUGHT: I’d like to nominate Stephanie Meyer for third year as Council President. She didn’t really get to finish her second year because of the change in the voter law. I think she’s doing a good job.

COUNCILMEMBER KENIG: I’ll second.

MAYOR DISTLER: We have a motion and a second. Mr. Neighbor?

COUNCILMEMBER NEIGHBOR: No.

MAYOR DISTLER: Mr. Pflumm?

COUNCILMEMBER PFLUMM: No.

MAYOR DISTLER: Mr. Jenkins?

COUNCILMEMBER JENKINS: No.

MAYOR DISTLER: Mr. Kemmling?

COUNCILMEMBER KEMMLING: No.

MAYOR DISTLER: Mr. Vaught?

COUNCILMEMBER VAUGHT: Yes.

MAYOR DISTLER: Ms. Meyer?

COUNCILMEMBER MEYER: Yes.

MAYOR DISTLER: Mr. Sandifer?

COUNCILMEMBER SANDIFER: No.

MAYOR DISTLER: Mr. Kenig?

COUNCILMEMBER KENIG: Yes.

MAYOR DISTLER: Motion fails.
[Therefore, the motion was made by Councilmember Vaught and seconded by Councilmember Kenig to re-elect Councilmember Meyer as Council President. The motion failed 3-5 with Councilmembers Neighbor, Pflumm, Jenkins, Kemmling, and Sandifer voting no.]

MAYOR DISTLER: Is there another nomination?

COUNCILMEMBER NEIGHBOR: Yes.

MAYOR DISTLER: Mr. Neighbor.

COUNCILMEMBER NEIGHBOR: I nominate Brandon Kenig.

MAYOR DISTLER: Do we have a second?

COUNCILMEMBER SANDIFER: I’ll second.

MAYOR DISTLER: We have a motion and a second. Mr. Neighbor?

COUNCILMEMBER NEIGHBOR: Aye.

MAYOR DISTLER: Mr. Pflumm?

COUNCILMEMBER PFLUMM: No.

MAYOR DISTLER: Mr. Jenkins?

COUNCILMEMBER JENKINS: No.

MAYOR DISTLER: Mr. Kemmling?

COUNCILMEMBER KEMMLING: No.

MAYOR DISTLER: Mr. Vaught?

COUNCILMEMBER VAUGHT: Aye.

MAYOR DISTLER: Ms. Meyer?

COUNCILMEMBER MEYER: Yes.

MAYOR DISTLER: Mr. Sandifer?

COUNCILMEMBER SANDIFER: Yes.

MAYOR DISTLER: Mr. Kenig?

COUNCILMEMBER KENIG: Yes.

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

2. ELECTION OF 2017 COUNCIL COMMITTEE VICE-CHAIR.

MAYOR DISTLER: Okay. So, now Item Number 2 is the Election of the 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 January of each year at the same time the Council President is elected. This item was tabled from the January 9, 2017 City Council meeting.

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

COUNCILMEMBER NEIGHBOR: Yes.

MAYOR DISTLER: Mr. Neighbor?

COUNCILMEMBER NEIGHBOR: I nominate Councilman Sandifer?

MAYOR DISTLER: Okay. We have a nomination. Do we have a second?
[Therefore, the motion was made by Councilmember Neighbor to nominate Councilmember Sandifer as Council Committee Vice-Chair.
The motion failed for lack of a second.]

MAYOR DISTLER: Do we have another nomination? Mr. Pflumm?

COUNCILMEMBER PFLUMM: Eric Jenkins.

MAYOR DISTLER: We have a nomination for Mr. Jenkins. Do we have a second?

COUNCILMEMBER KEMMLING: Second.

MAYOR DISTLER: We have a motion and a second. 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: No.

MAYOR DISTLER: Mr. Sandifer?

COUNCILMEMBER SANDIFER: No.

MAYOR DISTLER: Mr. Kenig?

COUNCILMEMBER KENIG: No.
[Therefore, the motion was made by Councilmember Pflumm and seconded by Councilmember Kemmling to nominate Councilmember Jenkins as Council Committee Vice-Chair. The motion failed 3-5 with Councilmembers Neighbor, Vaught, Meyer, Sandifer, Kenig voting no.]

MAYOR DISTLER: Do we have another nomination for Vice -- Ms. Meyer?

COUNCILMEMBER MEYER: Jeff Vaught.

MAYOR DISTLER: We have a motion for Mr. Vaught. Do we have a second?

COUNCILMEMBER KENIG: I’ll second.

MAYOR DISTLER: We have a motion and a second. Mr. Neighbor?

COUNCILMEMBER NEIGHBOR: Aye.

MAYOR DISTLER: Mr. Pflumm?

COUNCILMEMBER PFLUMM: No.

MAYOR DISTLER: Mr. Jenkins?

COUNCILMEMBER JENKINS: No.

MAYOR DISTLER: Mr. Kemmling?

COUNCILMEMBER KEMMLING: No.

MAYOR DISTLER: Mr. Vaught?

COUNCILMEMBER VAUGHT: Aye.

MAYOR DISTLER: Ms. Meyer?

COUNCILMEMBER MEYER: Yes.

MAYOR DISTLER: Mr. Sandifer?

COUNCILMEMBER SANDIFER: Aye.

MAYOR DISTLER: Mr. Kenig.

COUNCILMEMBER KENIG: Aye.

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

I. ITEMS FROM THE PLANNING COMMISSION OF JANUARY 4, 2017

1. CONSIDER APPROVAL OF SUP-01-17-01; A SPECIAL USE PERMIT FOR STACEY LEWIS FOR THE OPERATION OF INFORMATION STATION, A GROUP DAY CARE WITH UP TO TWELVE CHILDREN, AS A HOME OCCUPATION, LOCATED AT 4737 QUEAL DRIVE.

MAYOR DISTLER: Okay. The next item on the agenda is Items from the Planning Commission Meeting of January 4, 2017. Item Number 1 is to Consider Approval of SUP-01-17-01; a Special Use Permit for Stacey Lewis for the Operation of Information Station, a Group Day Care with up to Twelve Children, as a Home Occupation, Located at 4737 Queal Drive.

The Planning Commission recommended 9-0 that the Governing Body approve the Special Use Permit subject to the conditions listed in the staff report.

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

COUNCILMEMBER PFLUMM: Move for approval.

COUNCILMEMBER NEIGHBOR: Second.

MAYOR DISTLER: A motion has been 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 Pflumm and seconded by Councilmember Neighbor to approve the SUP-01-17-01 subject to the conditions listed in the staff report. The motion carried 8-0.]

J. STAFF ITEMS

1. CONSIDER CONTRACT NO. 17-0010, A MEMORANDUM OF UNDERSTANDING WITH THE STATE FIRE MARSHAL'S OFFICE FOR PARTICIPATION IN THE 2017 KANSAS SEARCH AND RESCUE RESPONSE SYSTEM.

MAYOR DISTLER: The next item on the agenda is Staff Items. Item Number 1 is to Consider Contract No. 17-0010, a Memorandum of Understanding with the State Fire Marshal’s Office for participation in the 2017 Kansas Search and Rescue Response system. The Shawnee Fire Department has a certified team that participates in the state-wide response system as a deployable, regional Urban Search and Rescue Resource. A Memorandum of Understanding with the State Fire Marshal’s office is required to identify the roles and responsibilities of each party.

The recommended action is to approve and authorize the Mayor to sign the MOU. Does anyone on the Council have any questions? Mr. Pflumm?

COUNCILMEMBER PFLUMM: Well, Eric is probably the better person to ask these questions, but I was just wondering how this relates to the federal organization. This is just for state, which is great and everything. But is there a separate memorandum of understanding that we fall under for that?

FIRE CHIEF MATTOX: John Mattox, Fire Chief. So, this is strictly the state response system where we would be activated under the governor. Once a mission number is assigned and Kansas Task Force 3 is activated, we are part of Wyandotte, Leavenworth Johnson County Task Force Group. Our commitment is to mobilize within two hours. We’re self-sufficient for 72 hours. And we always have a team of four that’s on the calendar or on schedule to respond. Some of the advantages in this if you read the memo is the training is all reimbursed. So, we send our guys out for the training and then they bring it back to the department. So, it’s kind of a trade-off for us being available for a state-wide response. With that though the federal government then can request the state government to where we could respond outside the state of Kansas with a federal order to a state mission, so.

COUNCILMEMBER PFLUMM: That’s good.

FIRE CHIEF MATTOX: That’s a long answer to a short question.

COUNCILMEMBER PFLUMM: No, no. That’s good.

MAYOR DISTLER: Mr. Jenkins.

COUNCILMEMBER JENKINS: So, John, is we say they activated the task force in Lincoln and asked for augmentation from the state of Kansas we could possibly have some people from here that may assist that team in a national response effort?

FIRE CHIEF MATTOX: Correct.

COUNCILMEMBER JENKINS: And I notice on here we didn’t do -- it covers things like travel and lodging and things like that, mileage and so on. It doesn’t actually cover any salaries per se, is that correct, while you’re in activated status?

FIRE CHIEF MATTOX: I don’t have a good answer for that. I know that in the past it has as well as back coverage. We provide the overtime that was required for our members that were gone. And we were reimbursed, both the salaries of the activated people as well as the back. I don’t know that that’s spelled out in this new MOU or not.

COUNCILMEMBER JENKINS: Yeah. I was just wondering because I think the national use of our teams are when they’re activated they become federal employees essentially and, therefore, they have the federal protection as far as lawsuits and those kinds of things. So, I didn’t know if we had that kind of coverage under this state agreement or not.

FIRE CHIEF MATTOX: I don’t know.

COUNCILMEMBER JENKINS: Okay.

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

COUNCILMEMBER JENKINS: Move 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 Jenkins and seconded by Councilmember Pflumm to approve and authorize the Mayor to sign the Memorandum of Understanding with the State Fire Marshal’s Office for participation in the 2017 Kansas Search and Rescue Response System. The motion carried 8-0.]

2. CONSIDER FINAL PLANS FOR SHAWNEE TOWN 1929 SITE IMPROVEMENTS PROJECT, P.N. 3418.

MAYOR DISTLER: Item Number 2 is to Consider Final Plans for Shawnee Town 1929 Site Improvements Project, P.N. 3418.

This project is on the City's Capital Improvement Program for 2016. Final plans are now complete. The total budget is $300,000 and is funded through the Special Park and Recreation Fund.

The recommended action is to approve final plans and authorize staff to proceed with bidding the project. Does anyone on the Council have any questions? Anyone from the audience who would like to speak to 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, the motion was made by Councilmember Sandifer and seconded by Councilmember Vaught to approve Final Plans and authorize staff to advertise the project for bids. The motion carried 8-0.]

K. MISCELLANEOUS ITEMS

1. RATIFY SEMI-MONTHLY CLAIM FOR JANUARY 23, 2017 IN THE AMOUNT OF $2,282,888.66.

MAYOR DISTLER: The next item is Miscellaneous Items. Item Number 1 is to ratify the Semi-Monthly Claim for January 23, 2017, in the Amount of $2,282,888.66.

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 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 approve the Semi-Monthly Claim for January 23, 2017, in the amount of $2,282,888.66. The motion carried 8-0.]

2. MISCELLANEOUS COUNCIL ITEMS.

MAYOR DISTLER: Miscellaneous Council Items. Does anyone on the Council have any items they would like to discuss? Mr. Kemmling?

COUNCILMEMBER KEMMLING: Yeah. I wanted to discuss a little bit or the possibility of maybe having the Committee discuss the process for appointing for city appointments. Not for the Council, but for some of the boards. I know we had some appointments tonight, so I’m not targeting individuals, but possibly more the process that the City goes through for it. I have a little brainstorm here, Stephen. Would you put this on the projector real quick? And essentially what I wanted to do is I know at one point we’ve had audience members or members from the public come up and suggest that possibly we advertise some of these appointments or advertise them more when they’re coming vacant and when they’re due. And so I would like -- I know we’ve done it in the past, but possibly if we codify it, and maybe that’s part of the discussion we could have, possibly we could get this somewhere in one of the policy statements or something along those lines where maybe we could have a set process for how we’re going to advertise a vacancy in advance. And hopefully expand our reach into the talent that our citizens harvest so that we’re able to get the word out a little bit better. So, this is just a brainstorm. I can make copies or e-mail this proposal although it would all be up for discussion if the Council wanted to discuss an idea like this at a committee meeting. So, that’s my proposal.

MAYOR DISTLER: Thank you. Mr. Neighbor?

COUNCILMEMBER NEIGHBOR: Yeah. I think I would agree with Councilman Kemmling. I think it’s a good idea to do this to let -- I just had a contact this morning on someone interested in one of these positions. And I think publicizing it more will be better and help get more of our citizens involved.

MAYOR DISTLER: Any other comments?

COUNCILMEMBER JENKINS: I concur.

MAYOR DISTLER: Okay. So, it looks like it’s going to a committee. Are there any other Council items? Okay.

L. ADJOURNMENT

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

COUNCILMEMBER PFLUMM: So moved.

COUNCILMEMBER NEIGHBOR: Second.

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

COUNCILMEMBER VAUGHT: Aye.

MAYOR DISTLER: Opposed nay. Motion passes. We are adjourned.
[Therefore, the motion was made by Councilmember Pflumm and seconded by Councilmember Neighbor to adjourn. The motion passed 8-0.]

(Shawnee City Council Adjourned at 7:27 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 February 7, 2017

Deborah A. Sweeney, Recording Secretary

APPROVED BY:

_______________________

Stephen Powell, City Clerk











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