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CITY OF SHAWNEE
SPECIAL CALL CITY COUNCIL MEETING
MINUTES
June 6, 2017
6:00 P.M.

Michelle Distler – Mayor

Councilmembers Present Staff Present
Councilmember PflummCity Manager Gonzales
Councilmember NeighborDeputy City Manager Charlesworth
Councilmember JenkinsAssistant City Manager Sunderman
Councilmember KemmlingCity Clerk Powell
Councilmember VaughtCity Attorney Rainey
Councilmember MeyerParks and Recreation Director Holman
Councilmember SandiferPlanning Director Chaffee
Councilmember KenigPublic Works Director Whitacre
IT Director Bunting
Fire Chief Mattox
Deputy Police Chief Orbin
Communication Manager Breithaupt
Senior Project Engineer Moller-Krass
Transportation Manager Manning
Business Liaison Holtwick
Chamber of Commerce Chairman Brown

(Shawnee Special Call City Council Meeting Called to Order at 6:00 p.m.)
A. ROLL CALL

MAYOR DISTLER: Good evening and welcome to tonight's Special Call 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. Because tonight's meeting is a Special Call, the Council will only be able to discuss those items that are on the agenda. Before we begin our agenda, I want to announce that because of a technical error in the Notice process, the Public Hearings for the Bellmont Promenade shopping center that were scheduled for tonight are on the agenda to be cancelled. Two additional resolutions have been added to set new Public Hearings on July 10th at 7 p.m. The error was discovered late today and we attempted to get notification out via social media and personal phone calls, but I apologize to anyone who did not get word and are here this evening.

Now, I'd like to explain our procedures for public input. I will ask for public input following discussion of each item on the agenda. If you would like to speak to the Council on any item, 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.

B. ITEMS

1. CONSIDER CANCELING THE PUBLIC HEARINGS CONCERNING THE ADVISABILITY OF THE CREATION OF A COMMUNITY IMPROVEMENT DISTRICT (CID) AND TAX INCREMENT FINANCING (TIF) PROJECT PLAN FOR THE BELLMONT PROMENADE REDEVELOPMENT PROJECT ORIGINALLY SCHEDULED FOR TUESDAY, JUNE 6, 2017, AT 6:00 P.M. RELATED TO BELLMONT PROMENADE.

MAYOR DISTLER: There are seven items on the agenda tonight. Item Number 1 is to Consider Canceling the Public Hearings Concerning the Advisability of the Creation of a Community Improvement District (CID) and Tax Increment Financing (TIF) Project Plan for the Bellmont Promenade Redevelopment Project Originally Scheduled for Tuesday, June 6, 2017, at 6:00 P.M. Related to Bellmont Promenade.

Due to a technical error in the Notice process, the public hearings related to the Bellmont Promenade Project that were scheduled for tonight's Special City Council meeting need to be canceled. The next item on the agenda includes two Resolutions scheduling new public hearings for July 10, 2017, at 7:00 p.m.

Consider canceling Public Hearings concerning the creation of a Community Improvement District within the City and the consideration of a redevelopment project and adoption of a redevelopment project plan for a project area in a redevelopment district.

I will accept a motion.

COUNCILMEMBER PFLUMM: Move to cancel Item Number 1.

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 cancel the Public Hearings concerning the creation of a Community Improvement District within the City and the consideration of a redevelopment project and adoption of a redevelopment project plan for a project area in a redevelopment district. The motion carried 8-0.]

2. CONSIDER ADOPTING RESOLUTION NO. 1809, PROVIDING NOTICE FOR A PUBLIC HEARING TO CONSIDER THE CREATION OF THE BELLMONT COMMUNITY IMPROVEMENT DISTRICT (CID) AND TO LEVY A CID SALES TAX AND CID SPECIAL ASSESSMENTS, AND RESOLUTION NO. 1810, PROVIDING NOTICE FOR A PUBLIC HEARING TO CONSIDER ADOPTION OF THE BELLMONT PROMENADE TAX INCREMENT FINANCING (TIF) PROJECT PLAN FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF SHAWNEE MISSION PARKWAY AND MAURER ROAD.

MAYOR DISTLER: Item Number 2 is to Consider adopting Resolution No. 1809, Providing Notice for a Public Hearing to Consider the Creation of the Bellmont Community Improvement District (CID) and to Levy a CID Sales Tax and CID Special Assessments, and Resolution No. 1810, Providing Notice for a Public Hearing to Consider Adoption of the Bellmont Promenade Tax Increment Financing (TIF) Project Plan for property located at the southwest corner of Shawnee Mission Parkway and Maurer Road.

The City has received a petition to form a Community Improvement District and an application for a Tax Increment Financing Project Plan. Due diligence has been completed and the next step is to adopt Resolutions setting public hearing dates to consider the creation of a CID and adoption of the TIF Project Plan.

(a) Adopt Resolution No. 1809.

There are two actions. The first is to consider adopting Resolution No. 1809, providing notice for a public hearing at 7 p.m. on July 10, 2017, to consider the creation of the Bellmont CID, and the levying of a CID sales tax and imposition of special assessments within the Bellmont CID.

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. 1809, providing notice for a public hearing at 7 p.m. on July 10, 2017, to consider the creation of the Bellmont CID, and the levying of a CID sales tax and imposition of special assessments within the Bellmont CID. The motion carried 8-0.]

(b) Adopt Resolution No. 1810

MAYOR DISTLER: The second action is to Consider adopting Resolution No. 1810, providing notice for a public hearing at 7 p.m. on July 10, 2017, to consider adoption of the Bellmont Promenade TIF Project Plan.

I will accept a motion.

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 Adopt Resolution No. 1810, providing notice for a public hearing at 7 p.m. on July 10, 2017, to consider adoption of the Bellmont Promenade TIF Project Plan. The motion carried 8-0.]

3. CONSIDER BIDS AND CONTRACT NO. 2017-0066 FOR THE 6200 NIEMAN ROAD STORM DRAINAGE IMPROVEMENTS PROJECT, P.N. 3401, SMAC TC-21-070.

MAYOR DISTLER: Item Number 3 is to Consider Bids and Contract No. 2017-0066 for the 6200 Nieman Road Storm Drainage Improvements Project, P.N. 3401, SMAC TC-21-070.

Final Plans were approved by the Governing Body on April 24, 2017. Bids were received from five contractors. Staff recommends awarding the contract to MEGA Industries Corporation in the amount of $4,896,395.50.

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

COUNCILMEMBER JENKINS: Yeah. This kind of includes both of these, Number 3 and 4 because the question sort of spans both of them. If you look at the -- what we had set aside with our engineer’s estimate on these projects, it was pretty substantial than what the bids came in for. There’s a savings of about $4,613,000 over what we had estimated. So, my question is, now we had set -- we had talked about being a bond issue. This should lower our -- the amount of money we have to borrow now, right? What was projected to be the amount we were going to borrow?

CITY MANAGER GONZALES: It absolutely should. And that would be then money that would be retained in the Economic Development Fund as where most of the debt payments, or the Parks and Pipes. So, yeah, it would just be less cost once the project is completed that we would have to bond for.

COUNCILMEMBER JENKINS: Because three-fourths of it was SMAC money though of this four million we had, this 4.6 million. Three-fourths of that is SMAC. So, what we’re actually going to be able to maybe save on our bond is a fourth of that 4.6.

CITY MANAGER GONZALES: Correct.

COUNCILMEMBER JENKINS: So, we’re looking at about 1.15 or something like that.

CITY MANAGER GONZALES: Still a great, yeah. We got great bids.

COUNCILMEMBER JENKINS: Yeah. That’s a good bid.

CITY MANAGER GONZALES: Yeah.

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

COUNCILMEMBER JENKINS: If not, I’d move for -- oh, anybody from the audience.

MAYOR DISTLER: Anyone from the audience that would like to speak to this item? Okay. Seeing none, Mr. Jenkins.

COUNCILMEMBER JENKINS: I’d go ahead and 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 Jenkins and seconded by Councilmember Pflumm to authorize the Mayor to sign Contract No. 2017-0066 with MEGA Industries Corporation in the amount of $4,896,395.50 for the 6200 Nieman Road Storm Drainage Improvements Project, P.N. 3401. The motion carried 8-0.]

4. CONSIDER BIDS AND CONTRACT NO. 2017-0067 FOR THE NIEMAN MIDDLE STORM DRAINAGE AND STREET IMPROVEMENTS PROJECT, P.N. 3424, SMAC TC-21-073.

MAYOR DISTLER: Item Number 4 is to Consider Bids and Contract No. 2017-0067 for the Nieman Middle Storm Drainage and Street Improvements Project, P.N. 3424, SMAC TC-21-073.

Final Plans were approved by the Governing Body on April 24, 2017. Bids were received from seven contractors. Staff recommends awarding the contract to VF Anderson, LLC, in the amount of $5,074,299.13.

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 JENKINS: 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 Jenkins and seconded by Councilmember Vaught to authorize the Mayor to sign Contract No. 2017-0067 with VF Anderson, LLC, in the amount of $5,074,299.13 for Nieman Middle Storm Drainage and Street Improvements Project, P.N. 3424. The motion carried 8-0.]

5. CONSIDER BIDS AND CONTRACT NO. 2017-0068 FOR THE 67TH STREET AND CAENEN AVENUE TRAFFIC SIGNAL REPLACEMENT PROJECT, P.N. 3420.

MAYOR DISTLER: Item Number 5 is to Consider Bids and Contract No. 2017-0068 for the 67th Street and Caenen Avenue Traffic Signal Replacement Project, P.N. 3420.

Final Plans were approved by the Governing Body on May 8, 2017. Bids were received from three contractors. Staff recommends awarding the contract to J. Warren Co., Inc., in the amount of $153,147.50.

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

COUNCILMEMBER NEIGHBOR: Yes.

MAYOR DISTLER: Mr. Neighbor.

COUNCILMEMBER NEIGHBOR: I would just like to offer that for the record that part of this parcel was purchased from the Shawnee Mission School District. My wife is a member of that body.

MAYOR DISTLER: Okay. 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 KENIG: 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 Kenig and seconded by Councilmember Pflumm to authorize the Mayor to sign Contract No. 2017-0068 with J. Warren Co., Inc., in the amount of $153,147.50 for the 67th Street and Caenen Avenue Traffic Signal Replacement Project, P.N. 3420. The motion carried 8-0.]

6. RATIFY THE SEMI-MONTHLY CLAIM FOR JUNE 6, 2017 IN THE AMOUNT OF $5,897,743.05.

MAYOR DISTLER: Item Number 6 is to Ratify the Semi-monthly Claim for June 6, 2017, in the Amount of $5,897,743.05.
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 the semi-monthly claim for June 6, 2017, in the amount of $5,897,743.05. The motion carried 8-0.]

7. 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 7 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) Conduct an Executive Session

I will accept a motion to Recess to Executive Session for 25 minutes for preliminary discussions relating to the acquisition of real property for the purpose of protecting the confidentiality of those acquisition discussions.

COUNCILMEMBER PFLUMM: So moved.

COUNCILMEMBER SANDIFER: Second.

MAYOR DISTLER: At the conclusion of the Executive Session, the meeting will resume in the City Council Chambers. Do I have a motion?

COUNCILMEMBER PFLUMM: 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 Pflumm and seconded by Councilmember Sandifer to recess to Executive Session for 25 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 6:09 p.m. to 6:36 p.m.)

(b) Conclude Executive Session

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

COUNCILMEMBER PFLUMM: So moved.

COUNCILMEMBER MEYER: Second.

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

COUNCILMEMBERS: Aye.

MAYOR DISTLER: Opposed nay. Motion passes.
[Therefore, the motion was made by Councilmember Pflumm and seconded by Councilmember Meyer to conclude the Executive Session. The motion carried 8-0.]

(c) Reconvene the meeting

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

COUNCILMEMBER VAUGHT: Move to reconvene.

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 reconvene the meeting. The motion carried 8-0.]

C. ADJOURNMENT

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

COUNCILMEMBER VAUGHT: Move to adjourn.

COUNCILMEMBER MEYER: Second.

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

COUNCILMEMBERS: Aye.

MAYOR DISTLER: Opposed nay. Motion passes. We are adjourned. And the regularly scheduled Council Committee meeting will begin at 7:00. Thank you.
[Therefore, the motion was made by Councilmember Vaught and seconded by Councilmember Meyer to adjourn. The motion carried 8-0.]
(Shawnee City Council Meeting Adjourned at 6:37 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 20, 2017

Deborah A. Sweeney, Recording Secretary

APPROVED BY:

_______________________

Stephen Powell, City Clerk











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