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CITY OF SHAWNEE
CITY COUNCIL MEETING
MINUTES
May 22, 2017
7:00 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 VaughtParks and Recreation Director Holman
Councilmember MeyerPlanning Director Chaffee
Councilmember SandiferPublic Works Director Whitacre
Councilmember KenigIT Director Bunting
Fire Chief Mattox
Management Analyst Schmitz
Communications Manager Breithaupt
Senior Project Engineer Moller-Krass
Stormwater Manager Gregory
Stormwater Supervisor Walston
Mayor Michaelson, Lake Quivira
City Administrator Leckey, Lake Quivira
Fire Chief Stephan, Lake Quivira

(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. Before we begin I’d like to remind everyone that the developer of the Canyon Lakes Twin Villa Project has withdrawn the application for rezoning of that property and it has been removed from tonight’s agenda.

Also I’d like to welcome Angelina Lugo, who is Councilmember Sandifer’s granddaughter, and she’s serving as a Guest Councilmember for Ward IV tonight.

And 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: Guest Councilmember Lugo.

GUEST COUNCILMEMBER LUGO: Present.

MAYOR DISTLER: Councilmember Kenig.

COUNCILMEMBER KENIG: Present.

MAYOR DISTLER: Thank you.

At this time 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. And 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, we won't do a roll call vote on every vote. I will state Councilmembers' names who vote in minority so our listening audience will have a clear and accurate record of the vote.

B. PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE

MAYOR DISTLER: Before we start tonight’s meeting, I would like to ask that the Scouts come up and lead us in the Pledge of Allegiance. And then following with a moment of silence, I would like us to take time to recognize the seven-year anniversary of when we lost Firefighter John B. Glaser on May 22nd. So, I would like to include that in our moment of silence tonight.

So, if you could please come forward and lead us in the Pledge of Allegiance.

(Pledge of Allegiance and Moment of Silence)

MAYOR DISTLER: Thank you. If you would like to turn around and introduce yourself to the audience and tell them what troop you’re with.

(Introduction of Boy Scout Troop 184)

MAYOR DISTLER: Okay. Thank you so much.

C. CONSENT AGENDA

MAYOR DISTLER: Okay. The next item on the agenda is the Consent Agenda. Does anyone have an item they would like to remove from the Consent Agenda? Mr. Pflumm?

COUNCILMEMBER PFLUMM: Yeah. I think -- let me find it here. Oh, the Fire Department for Lake Quivira, our agreement on that one. I just had –

CITY MANAGER GONZALES: It’s not on there.

COUNCILMEMBER PFLUMM: Oh, sorry. Sorry.

MAYOR DISTLER: Okay. Any other items?

COUNCILMEMBER PFLUMM: I thought it was earlier.

MAYOR DISTLER: Okay. Seeing none, I will accept a motion to approve the Consent Agenda.

COUNCILMEMBER SANDIFER: 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. (Motion passes 8-0)
[Therefore, the motion was made by Councilmember Sandifer and seconded by Councilmember Meyer to approve the Consent Agenda. The motion carried 8-0.]

D. MAYOR’S ITEMS

1. NATIONAL PUBLIC WORKS WEEK PROCLAMATION

MAYOR DISTLER: The next item is Mayor’s Items. I’d like to ask the Public Works Director Whitacre and any other employees from the Public Works Department to join me on the floor for the National Public Works Week Proclamation.

So, from the Office of the Mayor, a Proclamation in recognition of National Public Works Week. Whereas, Public Works services provided in Shawnee are an integral part of our citizens’ everyday lives; and Whereas, the support of an informed citizenry is vital to the recognition of Public Works staff who are dedicated to maintaining the City’s infrastructure such as streets, lighting, stormwater systems and public buildings; and Whereas, safety and quality of Shawnee greatly depends on these facilities and the staff who work 24/7 to ensure our streets are cleared of snow and ice; and Whereas, in November of 2016, the Shawnee Public Works Department became the 105th agency nationally to achieve accreditation from the American Public Works Association; and Whereas, the year 2017 marks the 57th Annual National Public Works Week sponsored by the American Public Works Association; and Whereas, in recognition of the qualified and dedicated personnel of our Public Works Department is influenced by this attitude and understanding of the importance of the work they perform. Now, therefore, I, Michelle Distler, Mayor of the City of Shawnee, Kansas do hereby proclaim May 21st through the 27th, 2017, as National Public Works Weeks, and [inaudible] to join the representatives of the American Public Works Association, the government agency in activities and ceremonies designed to pay tribute to our Public Works professionals, engineers, managers, and employees and to recognize the substantial contributions they have made to the health, safety, welfare and economy of the City of Shawnee.

E. BUSINESS FROM THE FLOOR

MAYOR DISTLER: Okay. The next item is Business from the Floor. Is there anyone who has comments on an issue that is not on tonight’s agenda? Seeing none.

F. PUBLIC ITEMS

1. CONSIDER CONTRACT NO. 2017-0057, A FIRE AND EMERGENCY MEDICAL RESPONSE SERVICES AGREEMENT WITH THE CITY OF LAKE QUIVIRA.

MAYOR DISTLER: The next item is Public Items. Item Number 1 is to Consider Contract No. 2017-0057, a Fire and Emergency Medical Response Services Agreement with the City of Lake Quivira.

The Shawnee Fire Department has provided Fire and Emergency Medical Services (EMS) to the City of Lake Quivira for many years. A new contract has been negotiated to take effect on January 1, 2018, with estimated payments from Lake Quivira in the amount of $67,000.

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

COUNCILMEMBER PFLUMM: Yeah. I’m in favor of working with Lake Quivira and everything. I just wanted to get a little bit of the history here. You know, what’s it been for the last couple years? I know in the past I have indicated that it’s a really great deal I believe for Lake Quivira. And so, you know, can you give me a little bit of history on, you know, what the costs are?

FIRE CHIEF MATTOX: Well, we initiated the contract in 2011. And that contract was based on, help me with it. The formula was based on valuation and our tax rate. So, basically they were paying the same as a Shawnee resident. The exception was since the inception they’ve gotten the 40 percent for their volunteer fire department assisting or, you know, actually running some of the calls that we didn’t run.

A couple years ago we changed that matrix and added us to a few more of their calls. And then this year through -- we had some discussions and the wish was that we take over all their calls. And this estimated value would be at a hundred percent of that. And just for numbers I pulled out 2014, they ran 36 calls. Of those, 30 we responded on. In 2015, they ran 50 calls. Of those, we responded to 45. In ‘16, they ran 39 calls. We responded to 35. And so far year to date they’ve ran 11 and we’ve been there on 10 of them, so.

COUNCILMEMBER PFLUMM: Curious because I don’t know those numbers right off the top of my head. But what ballpark prices were we charging Lake Quivira for our services in the past? And I believe this is an increase, but I’m not a hundred percent positive.

FIRE CHIEF MATTOX: Well, this year it was 58 I believe. And they would pay 40 percent of that. And that’s billed quarterly. It was right around $8,500 every quarter. So, this would do away with that 40 percent credit.

COUNCILMEMBER PFLUMM: So, it’s a 40 percent increase over last year, is that correct?

FIRE CHIEF MATTOX: It will be, yes.

COUNCILMEMBER PFLUMM: Okay. I mean that’s a step in the right direction I believe. But, you know, I just, you know what I mean, I’ve been under the impression that it was a great deal for Lake Quivira, you know, and we want to support them and all that. We just want to make it, you know, somewhat equitable for the citizens of Shawnee.

FIRE CHIEF MATTOX: Right. And I believe through this calculation and this formula a Lake Quivira resident would be paying the same for fire protection that a Shawnee does after they add a hundred percent, which is what this would take it to January 1st.

COUNCILMEMBER PFLUMM: Okay.

MAYOR DISTLER: Mr. Jenkins.

COUNCILMEMBER JENKINS: Yes. I don’t know if that would really come out to that kind of numbers. I’m kind of curious about that. But it seemed to me that what would be a more appropriate way of determining how much value there is in our fire service to the City of Lake Quivira would be to analyze what it costs for you to make a call in terms of staff and equipment utilization and those sorts of things and then take an average of how many calls we’re doing per year and maybe based on something like that rather than on some minute percentage of the property taxes that a Shawnee resident pays that goes toward Fire Department. Because, you know, I don’t know if that includes all the things like we’re having to bond fire trucks. We’re having to pay out a lot of money. We have to replace the roof on the fire station. You know, so I think they’re getting one heck of a deal is what I think. $67,000 a year for full protection for fire is really incredibly low. And I’d like to at least be a little bit closer to what our actual costs are to provide that service to them, and I think this is low.

FIRE CHIEF MATTOX: And I’m --

COUNCILMEMBER JENKINS: I’d like to see a different kind of calculation I think.

FIRE CHIEF MATTOX: I don’t have that number.

CITY MANAGER GONZALES: I guess the hard part when we started looking at all the different ways of doing it, and there’s as many different ways as there are contracts, was that not just the cost of the call itself, but that cost to stand ready. That we have a department that stands ready all the time is -- and that’s what our citizens are paying for in their tax dollars. And so the calculation that we came up, while it’s kind of convoluted and we made sure we wrote it down so we could do it consistently every year, is really consistent with what a taxpayer in Shawnee pays. And that’s the basis that we use to come up with that formula so that they’re paying 365 days a year, 24 hours a day, 7 days a week to support the component of the Fire Department that stands ready to serve them.

One year they may have a big huge fire. They may go three years, we hope, without having any events or, you know, fewer. And so we felt like this was a fair way than basing it on calls, which might go up and down year to year.

MAYOR DISTLER: Mr. Pflumm and then Mr. Jenkins.

COUNCILMEMBER PFLUMM: Yeah. I just know that I brought it up in the past that the amount that we were charging them wasn’t even, you know, wouldn’t even cost, wouldn’t even cover one of our fire fighters. But anyway, so I mean we’re moving in the right direction, you know what I mean? And I wouldn’t want to give them a big hit, you know, in one year. But, you know, we just want it to be equitable for the citizens of Shawnee.

FIRE CHIEF MATTOX: Well, if I can speak to the reason of the big hit. We started out with a -- the conversations were with a prorated increase, which would change the response. And without getting into all those details, and then through discussions with the mayor, the fire chief and their city administrator, this would basically -- we would provide 100 percent of their service and there would no longer be a Lake Quivira Fire Department.

COUNCILMEMBER PFLUMM: Okay.

MAYOR DISTLER: Mr. Jenkins.

COUNCILMEMBER JENKINS: Yeah. Just a couple more questions. What are the estimated response times to fires in Lake Quivira?

FIRE CHIEF MATTOX: I don’t have that.

COUNCILMEMBER JENKINS: Because I know we just built a new fire station, we were pushing on 11 minutes in western Shawnee, so we’re talking about building a new fire station, approving that. I’m just kind of curious what kind of response times we have trying to -- in our ability to support them over there. I know we’d be using the fire station out on Renner, so it would be a lot closer.

FIRE CHIEF MATTOX: Right.

COUNCILMEMBER JENKINS: Fairly close. But I was just kind of trying to get an idea

FIRE CHIEF MATTOX: I don’t know. Chief Stephan, do you have that?

LAKE QUIVIRA FIRE CHIEF STEPHAN: I would answer that question with seven to eight minutes on average --

COUNCILMEMBER JENKINS: Seven, eight.

LAKE QUIVIRA FIRE CHIEF STEPHAN: -- depending on the location within our community.

COUNCILMEMBER JENKINS: Okay.

LAKE QUIVIRA FIRE CHIEF STEPHAN: Much of that is due to the emergency exit and entrance that is located on Renner Road as well and the location of Station 2. And the only other thing if I might add, 85, and possibly 90 percent of the calls at Lake Quivira have been medical over the past five years. So, the greater majority, a very short period of time the units would be tied up in their response.

COUNCILMEMBER JENKINS: Okay.

LAKE QUIVIRA FIRE CHIEF STEPHAN: [Inaudible] comment.

COUNCILMEMBER JENKINS: That’s helpful information. But I would just be curious if you could, John, if it would be possible to kind of gin up a, maybe since some of them were medical and some of them were fire to gin up kind of a -- what’s it cost for a medical response and what’s it cost for a fire response. And I’d just like to know what those numbers would be. So, if you wouldn’t mind doing that and there’s no big rush on it.

FIRE CHIEF MATTOX: Yeah.

COUNCILMEMBER JENKINS: But, you know, at some point where you or Sal or somebody could sit down and just kind of figure that out like, okay, we’re estimating a typical fire call to Lake Quivira would run 1,800 bucks or something like that when you figure staff and time and whole bit. Because I think those numbers might be useful in looking -- going forward next year in looking at some of these things.

FIRE CHIEF MATTOX: We’ll try and figure it out.

MAYOR DISTLER: Mr. Kenig, and then Mr. Neighbor and then Mr. Vaught.

COUNCILMEMBER KENIG: Yes. Chief, was there any consideration given to factoring in equipment depreciation and vehicle wear and tear annually? That may be implied with I know the mill levy and the average property tax in there. But having those as direct factors?

FIRE CHIEF MATTOX: I wasn’t involved in the initial how this come up.

CITY MANAGER GONZALES: They’re not directly any more than they really are in our budget. We do wrap every cost related to the Fire Department in that number for the current year. And then it changes from year to year depending on what our budget is if we would have -- add an additional lease for an additional fire truck, then that amount is going to go up. So, we update it annually based on values and total budget and mill levy.

COUNCILMEMBER KENIG: Right. I know those costs are the same year to year. So, it’s taken from the same point of when those costs are higher we have those vehicles and equipment that we have to replace. Is there like a mechanism in place to adjust like this contract based on those costs?

CITY MANAGER GONZALES: The way it’s worded is just the total cost during the course of the year.

COUNCILMEMBER KENIG: Okay.

CITY MANAGER GONZALES: So, we’ve really -- we pay that cost so our citizens support that cost. And again, we just felt that was the fairest way without getting in too many weeds of keeping it relatively simple.

COUNCILMEMBER KENIG: Okay.

MAYOR DISTLER: Mr. Neighbor.

COUNCILMEMBER NEIGHBOR: And, John, two questions. Number one, I was just going to follow-up as chief mentioned there that as far as response times there is a gate there on Renner which is, what, a half mile from the station. Number two, how many fire calls does the Fire Department respond in Shawnee in a given year?

FIRE CHIEF MATTOX: They’re right at 6,000.

COUNCILMEMBER NEIGHBOR: Thank you.

MAYOR DISTLER: Mr. Vaught.

COUNCILMEMBER VAUGHT: Just for comparison, so Merriam joined, what, when we were, you know, we had this idea of combining with Merriam, but they ended joining what district? Overland Park. Okay. I mean they kind of did the same thing. So, Overland Park has taxing authority over them which is a little bit different than what we’re doing obviously. Because they’re now in a taxing district with Overland Park, correct? Or is a fee?

CITY MANAGER GONZALES: You know, I believe it’s a contract.

COUNCILMEMBER VAUGHT: Oh, is it a contract like this?

CITY MANAGER GONZALES: Yeah. And they had -- we looked at theirs because it was, you know, just to see what they were doing. And they did some equipment trades and some staffing trades. And now Overland Park actually staffs their stations. There was some transition time.

COUNCILMEMBER VAUGHT: So, it’s a little bit different.

CITY MANAGER GONZALES: So, we couldn’t really do apples to apples with them.

COUNCILMEMBER VAUGHT: So, if you look at like a fire district, I mean, I guess no matter what, if you had a true fire district you’re just applying that same amount of money to wherever, so you don’t really look at calls. Because like one year you could have 20 calls and the next year you’d have 40 calls. It’s just kind of --
CITY MANAGER GONZALES: Yes, that’s very true.

COUNCILMEMBER VAUGHT: It’s a taxing district and everybody is kind of assessed equally.

CITY MANAGER GONZALES: Like Fire District No. 2, I don’t know what their current mill levy rate is, probably about 11 mills. And so everyone in the northeast district pays about 11 mills for their fire service.

COUNCILMEMBER VAUGHT: Okay.

CITY MANAGER GONZALES: So, yes. That’s kind of a similar approach to what we tried to do here.

COUNCILMEMBER VAUGHT: I mean the only thing I would see on this is we’re not realizing -- obviously if they’re in a district like is when we apply a mill levy, as our appraisals go up, then we’re getting paid more just based on an increase in property values. That’s the only thing I see with this contract where, you know, somebody wanted to look at then, I mean I think it’s only fair if we’re going -- if Shawnee residents are going to have an increase in what they’re paying for fire service, somebody would just look at Lake Quivira and say, okay, if you, you know, every year, whatever -- this here is the benchmark and if we have an increase in values, then let’s look at it that way because overall it’s -- then it’s evened out. If we’re going to look at what our residents -- and maybe we do. Maybe we’re looking at that every year, so.

CITY MANAGER GONZALES: Yes. It’s recalculated every year --

COUNCILMEMBER VAUGHT: Okay.

CITY MANAGER GONZALES: -- based on the current mill levy and the current values.

COUNCILMEMBER VAUGHT: Works for me.

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

LAKE QUIVIRA FIRE CHIEF STEPHAN: If I might make another comment.

MAYOR DISTLER: Sure.

LAKE QUIVIRA FIRE CHIEF STEPHAN: I would like [inaudible; talking of mic.]

MAYOR DISTLER: You want to come on -- so that it’s on the record, please.

LAKE QUIVIRA FIRE CHIEF STEPHAN: I can do that so that’s part of the record.

MAYOR DISTLER: Thank you.

LAKE QUIVIRA FIRE CHIEF STEPHAN: From a standpoint of the reporting practices of the department annually, we have medical calls, of course we have auto accidents. We have all kinds of different situations that come up. But as far as actual fires and units remaining on scene for extended periods of time there are four to five actual fires that are classified annually in the City of Lake Quivira. It’s a very small number. Again, the vast majority are medical calls with our population. And one of our -- one of the things that brought this to our attention and started the dialogue, your response times from Station 2 are equivalent to our response times with apparatus, not necessarily personnel. So, there have been tremendous improvements in, you know, roads and the response from the creation of Station 2 and the gate from Renner Road.

MAYOR DISTLER: Thank you.

LAKE QUIVIRA FIRE CHIEF STEPHAN: Thank you for your consideration in the proposal.

MAYOR DISTLER: Thank you.

LAKE QUIVIRA FIRE CHIEF STEPHAN: Do I need to sign this while I’m up here, Mayor?

COUNCILMEMBER PFLUMM: Yeah. You should put your name and address for --

MAYOR DISTLER: Yeah. If you could state your name for the record.

LAKE QUIVIRA FIRE CHIEF STEPHAN: Mark Stephan, Fire Chief City of Lake Quivira.

MAYOR DISTLER: Thank you.

COUNCILMEMBER PFLUMM: Okay. Thank you.

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

COUNCILMEMBER MEYER: So moved.

COUNCILMEMBER SANDIFER: Second.

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

COUNCILMEMBERS: Aye.

MAYOR DISTLER: Opposed nay. Motion passes.
[Therefore, the motion was made by Councilmember Meyer and seconded by Councilmember Sandifer to authorize the Mayor to sign Contract No. 2017-0057, a Fire and Emergency Medical Response Services Agreement with the City of Lake Quivira. The motion carried 8-0.]

2. CONSIDER CONTRACT NO. 2017-0058, AN EXCISE TAX ABATEMENT AGREEMENT FOR SUNSET ESTATES III SUBDIVISION.

MAYOR DISTLER: The next item is Business from the -- we already did that. Item Number 2, Consider Contract No. 2017-0058, an Excise Tax Abatement Agreement for Sunset Estates III Subdivision.

Pursuant to policy, Joy Lynn Gipple has formally requested to be considered for the conditional abatement of the excise tax on 5.15 acres of previous platted land generally located in the 15000 Block of 60th Street for the purpose of developing a two-lot single family residential subdivision.

The recommended action is to approve and authorize the Mayor to sign the contract.

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

COUNCILMEMBER PFLUMM: Well, I was just curious on this. Maybe I missed it online. There wasn’t a map. I don’t know if Paul is here or whatever. But I don’t know how they’re going to do egress and, you know, where the lots are going to be or anything like that. I know we -- are they plot -- they’re not plotted yet I understand. But, you know, what’s the idea for, you know, for this access?

MR. CHAFFEE: Generally we don’t have maps with the excise tax abatement agreements. But several meetings ago the final plat for Sunset Estates III came in, and these lots are located on 60th Street, which is west of Alden. It makes a curve and there’s the cul-de-sac and these are the two lots that’ll be down at the southern end of the subdivision.

COUNCILMEMBER PFLUMM: Well, I mean, and I just talked to the neighbors up there and there’s a couple issues with that house that just was auctioned off. And so I believe, I don’t -- they were questioning where is this egress going to be coming from exactly, you know what I mean? For, you know, where at -- let’s say that house that just sold at auction on 60th Street -- as you’re coming in from 60th Street?

MR. CHAFFEE: Yes. They will be driveways like a normal house would have onto 60th Street.

COUNCILMEMBER PFLUMM: There’s not a lot of room there so they were just questioning --

MR. CHAFFEE: Yeah.

COUNCILMEMBER PFLUMM: -- two lots and where that’s going to be and everything. So, I’m just bringing it up.

MR. CHAFFEE: Sure.

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

COUNCILMEMBER PFLUMM: Can I get a map of that so I can give it to them?

MR. CHAFFEE: Sure.

COUNCILMEMBER PFLUMM: Okay.

MAYOR DISTLER: Anyone from the audience that would like 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, the motion was made by Councilmember Vaught and seconded by Councilmember Meyer to authorize the Mayor to sign Contract No. 2017-0058, an Excise Tax Abatement Agreement with Joy Lynn Gipple for Sunset Estates III Subdivision. The motion carried 8-0.]

3. CONSIDER A CEREAL MALT BEVERAGE LICENSE FOR MONTICELLO 66, LOCATED AT 21906 W. 66TH STREET.

MAYOR DISTLER: Item Number 3 is to Consider a Cereal Malt Beverage License for Monticello 66, Located at 21906 W. 66th Street.

Rakesh Gupta has submitted a Cereal Malt Beverage (CMB) license application on behalf of Monticello 66, located at 21906 W. 66th Street, to sell CMB for off-premises consumption.

The recommended action is to approve the license through December 31, 2017. Does anyone on the Council have any questions? Anyone from the audience that would like to speak to -- Mr. Pflumm.

COUNCILMEMBER PFLUMM: I was just curious. I thought they already had a cereal malt beverage permit. Is because they changed ownership or anything?

CITY CLERK POWELL: Stephen Powell, City Clerk. The former owners had the liquor store next door to it. So, now they’ve sold and the new owners want to have CMB in the gas station, and then they also bought the liquor store, too.

COUNCILMEMBER PFLUMM: Okay. No problem. And I probably should bring this up just for Paul. I know we’re only doing it to December 31st, so it’s going to go into the roll with everyone else?

CITY MANAGER GONZALES: Yes.

COUNCILMEMBER PFLUMM: Okay. Thank you.

MAYOR DISTLER: Any other question 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 PFLUMM: Second.

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

COUNCILMEMBERS: Aye.

MAYOR DISTLER: Opposed nay. Motion passes.
[Therefore, the motion was made by Councilmember Vaught and seconded by Councilmember Pflumm to approve a CMB license for Monticello 66, located at 21906 W. 66th Street, through December 31, 2017 provided the applicant satisfies all conditions of the Shawnee Municipal Code. The motion carried 8-0.]
4. CONSIDER A CEREAL MALT BEVERAGE LICENSE FOR MURPHY EXPRESS NO. 8799, LOCATED AT 22770 W. 56TH STREET.

MAYOR DISTLER: Item Number 4 is to Consider a Cereal Malt Beverage License for Murphy Express No. 8799, Located at 22770 W. 56th Street.

Bryan Anthony Gooch has submitted a Cereal Malt Beverage (CMB) license application on behalf of Murphy Express No. 8799, located at 22770 W. 56th Street, to sell CMB for off-premises consumption.

The recommended action is to approve the license through December 31, 2017.

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 VAUGHT: Move for -- oh, sorry.

COUNCILMEMBER MEYER: Go ahead. 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, the motion was made by Councilmember Meyer and seconded by Councilmember Vaught to approve a CMB license for Murphy Express No. 8799, located at 22770 W. 56th Street, through December 31, 2017, provided the applicant satisfies all conditions of the Shawnee Municipal Code. The motion carried 8-0.]

5. CONSIDER A CEREAL MALT BEVERAGE LICENSE FOR ETHIO MART, LOCATED AT 10919 SHAWNEE MISSION PARKWAY, UNIT B.

MAYOR DISTLER: Item Number 5 is to Consider a Cereal Malt Beverage License for Ethio Mart, Located at 10919 Shawnee Mission Parkway, Unit B.

Fekadu Gurmu has submitted a Cereal Malt Beverage (CMB) license application on behalf of Ethio Mart, located at 10919 Shawnee Mission Parkway, Unit B, to sell CMB for on-premises consumption.

The recommended action is to approve the license through December 31, 2017.

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: So moved.

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 Pflumm and seconded by Councilmember Vaught to Approve a CMB license for Ethio Mart, located at 10919 Shawnee Mission Parkway, Unit B, through December 31, 2017, provided the applicant satisfies all conditions of the Shawnee Municipal Code. The motion carried 8-0.]

6. CONSIDER RESOLUTION NO. 1808 AND ORDINANCE NO. 3185 AUTHORIZING ACQUISITION OF PRIVATE PROPERTY FOR THE NIEMAN ROAD CORRIDOR MIDDLE STORM DRAINAGE IMPROVEMENTS PROJECT, P.N. 3424, SMP TC-21-073.

MAYOR DISTLER: Item Number 6 is to Consider Resolution No. 1808 and Ordinance No. 3185 Authorizing Acquisition of Private Property for the Nieman Road Corridor Middle Storm Drainage Improvements Project, P.N. 3424, SMP TC-21-073.

This project is currently under construction and necessitates the acquisition of the property at 6020 and 6022 Nieman Road. A Resolution and Ordinance are required to begin the condemnation process while continuing to negotiate with the property owner on the valuation.

a) Adoption Resolution No. 1808

There are two recommended actions. The first is to adopt Resolution No. 1808, declaring it necessary to appropriate property at 6020 and 6022 Nieman Road for the purpose of conducting Nieman Middle Storm Drainage Improvements Project, P.N. 3424, and authorizing a survey of the land or interest to be acquired.

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: 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 adopt Resolution No. 1808, declaring it necessary to appropriate property at 6020 and 6022 Nieman Road for the purpose of conducting Nieman Middle Storm Drainage Improvements Project, P.N. 3424, and authorizing a survey of the land or interest to be acquired. The motion carried 8-0.]

b) Pass Ordinance No. 3185

MAYOR DISTLER: The second recommended action is to pass Ordinance No. 3185, authorizing and providing for the acquisition of property at 6020 and 6022 Nieman Road by the exercise of eminent domain for the completion of Nieman Middle Storm Drainage Improvements Project, P.N. 3424.

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: 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 Jenkins and seconded by Councilmember Neighbor to pass Ordinance No. 3185, authorizing and providing for the acquisition of property at 6020 and 6022 Nieman Road by the exercise of eminent domain for the completion of Nieman Middle Storm Drainage Improvements Project, P.N. 3424. The motion carried 8-0.]

G. ITEMS FROM THE COUNCIL COMMITTEE MEETING OF APRIL 4, 2017, CHAIRED BY COUNCILMEMBER KENIG

1. CONSIDER REVISIONS TO POLICY STATEMENT, PS-55, ENFORCEMENT OF MUNICIPAL REGULATIONS RELATED TO PROPERTY MAINTENANCE, AND ORDINANCE NO. 3187, AMENDING SECTION 8.24.060 OF THE SHAWNEE MUNICIPAL CODE RELATED TO WEEDS.

MAYOR DISTLER: The next item on the Agenda is Items from the Council Committee of April 4, 2017, Chaired by Councilmember Kenig.

COUNCILMEMBER KENIG: Thank you, Mayor. We have just one item from that Committee meeting, two parts, considering Revisions to Policy Statement, PS-55, Enforcement of Municipal Regulations Related to Property Maintenance, and Ordinance No. 3187, Amending Section 8.24.060 of the Shawnee Municipal Code Related to Weeds.

The Council Committee recommended 8-0 to forward to the Governing Body for approval revisions to Policy Statement, PS-55, related to property maintenance programs and amendments to Section 8.24.060 of the Shawnee Municipal Code that allows for a more proactive approach regarding tall grass and weeds for prior offenders.

a) Approve revisions to Policy Statement PS-55

MAYOR DISTLER: There are two recommended actions. The first is to approve revisions to Policy Statement, PS-55, Enforcement of Municipal Regulations Related to Property Maintenance.

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 SANDIFER: Motion to approve.

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 Sandifer and seconded by Councilmember Kenig to approve revisions to Policy Statement, PS-55, Enforcement of Municipal Regulations Related to Property Maintenance. The motion carried 8-0.]

b) Pass Ordinance No. 3187

MAYOR DISTLER: The second action is to pass Ordinance No. 3187 amending Section 8.24.060 of the Shawnee Municipal Code related to Weeds.

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 KENIG: Move for approval.

COUNCILMEMBER SANDIFER: Second.

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

COUNCILMEMBERS: Aye.

MAYOR DISTLER: Opposed nay. Motion passes.
[Therefore, the motion was made by Councilmember Kenig and seconded by Councilmember Sandifer to pass Ordinance No. 3187 amending Section 8.24.060 of the Shawnee Municipal Code related to Weeds. The motion carried 8-0.]

H. STAFF ITEMS

1. CONSIDER BIDS AND CONTRACT NO. 2017-0059 FOR THE 73RD AND MARTINDALE STREET IMPROVEMENT PROJECT, P.N. 3429 RELATED TO THE QUIET ZONE RAILROAD CROSSING.

MAYOR DISTLER: The next item is Staff Items. Item Number 1 is to Consider Bids and Contract No. 2017-0059 for the 73rd and Martindale Street Improvement Project, P.N. 3429 Related to the Quiet Zone Railroad Crossing.

Final Plans were approved by the Governing Body on March 27, 2017. Bids were received from seven contractors. Staff recommends awarding the contract to Amino Brothers Construction, Kansas City, KS, in the amount of $124,997.06.

The recommended action is to approve and authorize 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? Seeing none, I will accept a motion.

COUNCILMEMBER KENIG: Move for approval.

COUNCILMEMBER SANDIFER: Second.

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

COUNCILMEMBERS: Aye.

MAYOR DISTLER: Opposed nay. Motion passes.
[Therefore, the motion was made by Councilmember Kenig and seconded by Councilmember Sandifer to approve and authorize the Mayor to sign Contract No. 2017-0059 with Amino Brothers Construction in the amount of $124,997.06 for the 73rd and Martindale Street Improvement Project, P.N. 3429. The motion carried 8-0.]

I. MISCELLANEOUS ITEMS

1. RATIFY SEMI-MONTHLY CLAIM FOR MAY 22, 2017, IN THE AMOUNT OF $2,933,627.87.

MAYOR DISTLER: The next item is Miscellaneous Items. Item Number 1 is to Ratify the Semi-Monthly Claim for May 22, 2017, in the Amount of $2,933,627.87.

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

COUNCILMEMBER VAUGHT: Move for approval.

COUNCILMEMBER 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, the motion was made by Councilmember Vaught and seconded by Councilmember Meyer to approve the semi-monthly claim for May 22, 2017.
The motion carried 8-0.]

2. MISCELLANEOUS COUNCIL ITEMS

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

COUNCILMEMBER SANDIFER: Yes.

MAYOR DISTLER: Mr. Sandifer.

COUNCILMEMBER SANDIFER: We have Old Shawnee Days coming up June 1st, 2nd, 3rd and 4th, and it’s going off without a hitch. And I tell you what, without the help of all the City and the Parks Department especially, it wouldn’t be going anywhere like it is. And I want to give complete appreciation for all the City and staff and everybody that’s been involved that’s been helping to put this thing on. And on behalf of one of the board members of the Old Shawnee Days board, thank you all. And everybody come out. I mean it’s going to be great like normal.

COUNCILMEMBER MEYER: Who’s the band?

MAYOR DISTLER: Night Ranger.

COUNCILMEMBER SANDIFER: Night Rider. Night Ranger, yeah. Night Ranger.

COUNCILMEMBER JENKINS: What’s our weather looking like?

COUNCILMEMBER SANDIFER: And then we have several bands coming Thursday through Friday.

MAYOR DISTLER: Anyone else from the Council have any items?

COUNCILMEMBER PFLUMM: Thanks for the update.

MAYOR DISTLER: Okay. Seeing none.

3. CONDUCT AN EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING THE ACQUISITION OF PROPERTY FOR THE PURPOSE OF PROTECTING THE CONFIDENTIALITY OF THOSE ACQUISITION DISCUSSIONS.

MAYOR DISTLER: Item Number 3 is to Conduct an Executive Session for the Purpose of Discussing the Acquisition of Property for the Purpose of Protecting the Confidentiality of Those Acquisition Discussions.

a) Recess into Executive Session

I will accept a motion to Recess to Executive Session for 20 minutes for preliminary discussions relating to the acquisition of real property for the purpose of protecting the confidentiality of those acquisition discussions. At the conclusion of the Executive Session, the meeting will resume in the City Council Chambers.

Do I have a motion?

COUNCILMEMBER SANDIFER: Motion to approve.

COUNCILMEMBER NEIGHBOR: Second.

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

COUNCILMEMBERS: Aye.

MAYOR DISTLER: Oppose nay. Motion passes.
[Therefore, the motion was made by Councilmember Sandifer and seconded by Councilmember Neighbor to recess into Executive Session for 20 minutes for preliminary discussions relating to the acquisition of real property for the purpose of protecting the confidentiality of those acquisition discussions. At the conclusion of the Executive Session, the meeting will resume in the City Council Chambers.
The motion carried 8-0.]
(Shawnee City Council in Executive Session from 7:31 p.m. to 7:51 p.m.)

b) Conclude the Executive Session

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

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 conclude the Executive Session. The motion carried 8-0.]

c) Reconvene the City Council meeting

COUNCILMEMBER VAUGHT: Motion to reconvene the meeting.

COUNCILMEMBER PFLUMM: Second.

MAYOR DISTLER: All in favor say aye.

COUNCILMEMBERS: Aye. Opposed nay. Motion passes.
[Therefore, the motion was made by Councilmember Vaught and seconded by Councilmember Pflumm to reconvene the meeting. The motion carried 8-0.]

I. ADJOURNMENT

COUNCILMEMBER VAUGHT: Motion to adjourn.

COUNCILMEMBER PFLUMM: Second.

MAYOR DISTLER: All those in favor say aye.

COUNCILMEMBERS: Aye.

MAYOR DISTLER: Opposed. We are adjourned.
[Therefore, the motion was made by Councilmember Vaught and seconded by Councilmember Pflumm to adjourn. The motion carried 8-0.]
(Shawnee City Council Meeting Adjourned at 7:55 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 June 1, 2017

Deborah A. Sweeney, Recording Secretary

APPROVED BY:

_______________________

Stephen Powell, City Clerk











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