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CITY OF SHAWNEE
CITY COUNCIL MEETING
MINUTES
June 26, 2017
7:00 P.M.

Michelle Distler – Mayor

Councilmembers PresentStaff 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
Human Resources Director Barnard
Dir. Development Services Wesselschmidt
Fire Chief Mattox
Police Chief Moser
Accounting Manager Oldham
Asst. Finance Dir. Kelly
Volunteer Coordinator Griffith
Communications Manager Breithaupt
Code Enforcement Supervisor Messick

(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.

We have a special guest tonight. His name is Isaac Fagan and he is from Ward III, so he’s serving as a guest councilmember tonight. But he also won our Mayor for a Day 2017, so he will be spending a day with me to see the day in a life of a mayor. And he’ll be reading his essay for us later during Mayor’s Items. And he’ll have an honorary vote tonight on all agenda items.

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 Fagan.

GUEST COUNCILMEMBER FAGAN: 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 I want all the scouts to come forward, girl and boy scouts, and lead us in the Pledge of Allegiance followed by a moment of silence.

(Pledge of Allegiance and Moment of Silence)

Thank you. You guys want to introduce yourselves. Tell us what troop you’re with.

(Scouts introduced themselves)

MAYOR DISTLER: Thank you very much.

(Applause)

(Photographs were taken)

MAYOR DISTLER: Okay. 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’d 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 Consent Agenda. Does anyone have an item they would like removed from the Consent Agenda? 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 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 so before we do the Shawnee Shine Up, I would like Mr. Fagan to please step down to the podium there and read us your essay that won Mayor of the Day 2017.

GUEST COUNCILMEMBER FAGAN: “Getting Citizens Involved. Getting involved in our community is a great thing to do. Citizens of Shawnee can go on tours of public service departments like police and fire stations. They can also attend City festivals or Shawnee Parks and Recreation programs. There are serving opportunities like Shawnee Shine Up or Adopt a Spot. Citizens can attend City Council meetings and contact City Councilmembers. It’s important that the City communicates and publicizes these opportunities for involvement. The City can do a good job of communicating through social media, newsletters, special mailings and even signs in front of City Hall and at busy intersections. I also think a good idea is to put flyers at schools, businesses and churches throughout Shawnee with information about upcoming events where community members can get involved. The involvement options should be presented as fun, exciting and worthwhile activities. The key to these communication methods is repetition and consistency. In addition to communicating details about opportunities, the City needs to let its citizens know just how impactful and necessary each community member is to the growth and improvement of the City. It’s the City’s job to tell citizens you are welcome at City Council meetings and you are encouraged to contact your City Councilmembers, and there is a place for you to serve in our community and you belong here.”

(Applause)

MAYOR DISTLER: So, your official crown for 2017 Mayor for a Day.

COUNCILMEMBER VAUGHT: [Inaudible; talking off mic.]

MAYOR DISTLER: You have never been mayor for a day.

CITY MANAGER GONZALES: You never wrote an essay [inaudible; talking off mic].

COUNCILMEMBER VAUGHT: Well, I didn’t write an essay [inaudible; talking off mic].

1. RECOGNIZE SHAWNEE SHINE UP PARTICIPANTS.

MAYOR DISTLER: Tonight the City Council and I would like to recognize those who participated in Shawnee Shine Up. I’d like to ask Volunteer Coordinator Elizabeth Griffith to join me at the microphone. During the month of May as part of Shawnee Shine Up 344 people gave 722 hours sprucing up Shawnee. Some of those were our tried and true volunteers, but we have several new faces as well. Volunteers were working on projects more of the half of the days in all of May in 26 different spots. So, next time you’re out and about check out the native plants in Listowel Park and look for the new trees planted at Stump Park. Look for cleaner streams, stormwater systems, parks and streets. Look for neater yards due to volunteers serving through our Neighbors Helping Neighbors program and check out the new colorful flowers downtown planted during the Spring Starts Here event. The value of Shawnee Shine Up volunteers added up to a whopping $17,429. The City of Shawnee, the Governing Body and all of our employees want to express our gratitude and appreciation for your contributions to our community.

When you hear your name, please come up and accept your certificate and stay for a picture and then we’ll have a large group picture in the lobby after all the certificates have been given out.
(Certificates Handed Out to Shawnee Shine Up Participants)
Shawnee German American Club
Michael Kraft
Claire Kraft
A.J. Kraft
Greta Kraft
Girl Scout Troop 514
Boy Scout Group 34
Lauren Owens
Emily Hamer
The Fagan Family
Sarah Fagan
Shawnee Lion’s Club
Boy Scout Troop 181
Cub Scout Troop 3181
Jack Bosco
Michael Broduer
Thomas Broduer
Clark Kelley
Parker Kreutz
Logan Moore
Ethan Peak
Nicolas Thrasher
The Speciale Family
Angelina Lawson
Beth Kornegay
Maranatha School District

(Photographs and Applause)

MAYOR DISTLER: All right. Thank you so much everyone for everything that you did. It was appreciated.

(Applause)

E. APPOINTMENTS

1. CONSIDER APPOINTMENTS TO THE PLANNING COMMISSION.

MAYOR DISTLER: The next item on the agenda is Appointments. Item Number 1 is to Consider Appointments to the Planning Commission. The Planning Commission has two vacancies due to Planning Commissioner Doug Hill resigning last year and Planning Commissioner Augie Bogina's term expiring. I am recommending the appointment of Brian Roth and Brandon Bezner with terms expiring on June 30, 2020. Does anyone on the Council have any questions? Mr. Kemmling?

COUNCILMEMBER KEMMLING: Yes. Well over a year ago we had a citizen come up here and give comment that he believed that openings for our boards and committees were not well-publicized and that the citizenry as a whole was not aware of when these became open and when they were vacant. And I expressed a desire to help make it more well-known or better advertised over six months ago before any of these committee positions came up. Well, here we were six months later and we have eight openings for either appointments or reappointments to boards and committees and they’re important positions. And I think Mr. Fagan did a great job with his essay giving segue into what I’m going to talk about which is the City has a duty I feel to communicate and publicize, as he said, the opportunities for individuals to serve. And I don’t think that’s -- we haven’t taken any steps to get any better at that. And this isn’t a new issue. It’s not something we just found out about. The City of Shawnee has a ton of talent and I feel like we need to be casting a wider net as the city as a whole to get that talent in for these positions. When I asked the Mayor, she informed me that she had received one résumé for each of these openings. It’s hard to believe that we’re doing our job when we’re appointing individuals to these important positions and all we can get is one résumé for each. I feel like there’s probably more interest if we were able to better advertise and publicize these openings that are up tonight for appointment. I also, myself and probably some of my other Councilmembers, they can speak for themselves, but a lot of the times we don’t know who is nominated for these positions until Thursday or Friday before a Monday meeting. We don’t get the time to properly vet these. There’s not a process in place for us to be able to look at who these individuals are and know if that’s someone we want to vote and confirm for these positions. So, if the Mayor would entertain it, or when the time comes for a motion, Mrs. Mayor, I’d like to make a motion that we table these appointments tonight until we can better advertise and vet these positions.

MAYOR DISTLER: Is there a second?

COUNCILMEMBER JENKINS: Was that a motion?

COUNCILMEMBER KEMMLING: Will you entertain the motion? Or do you want discussion first?

MAYOR DISTLER: Do Councilmembers have anything further they want to discuss?

COUNCILMEMBER PFLUMM: Well, I’ll throw in a -- I kind of agree with Mike. I mean I know there’s a lot of good people on the -- on tonight’s agenda. But, you know, if we got one résumé for each position, I mean this is something we brought up several times before. You know, we probably need to advertise and get, you know, get some new blood in here and stuff like that. I mean I don’t have anything against anybody on any of these lists and maybe they’re the individual that gets that job. But, you know, I just -- I think it’s been brought up in the past and, you know, nothing has been done.

MAYOR DISTLER: Okay. So, we have a motion. Oh, Ms. Meyer.

COUNCILMEMBER MEYER: Sorry. I see Councilmember Kemmling’s point. I guess I would just offer a counter perspective that I think Planning Commission and Board of Zoning and all these appointment positions are ones in which we want folks who are pretty engaged, involved, and not saying that there are not other folks who exist. But I know personally, and I’ve talked to other folks, when I wanted to get involved in the City, I reached out to my Councilmembers. I reached out to the City. I asked for ways to get involved. So, I don’t know that it’s necessarily like -- I don’t want to disparage the folks who have come forward and put their names up because I think they’re qualified individuals. I just offer that counter perspective that perhaps there should be some credit given to people who put themselves forward without, you know, sort of needing to be coddled to do that.

MAYOR DISTLER: Mr. Kenig.

COUNCILMEMBER KENIG: Yeah. And I just wanted to clarify. So, we do have a Council Committee meeting in August where we’re going to discuss this in detail and also look at whether or not we want to craft a policy statement around how we communicate these out and kind of where we want to go with the process as it relates to board and commission appointments. So, that is something that’s coming up in just a couple months.

MAYOR DISTLER: Mr. Jenkins.

COUNCILMEMBER JENKINS: In my opinion, I think Dr. Kemmling addressed this issue very well. I concur with the way he expressed himself and the ideas he set forth. I think it is important to cast out a big net and I don’t think we are denigrating anybody that’s applied for these jobs we’re looking at this evening that are on here. I read them -- I read all their résumés. They’re all good folks. They’re well qualified. But that doesn’t address the issue, which Dr. Kemmling brought up, which is the one about we need to have a little more transparency and we need to have a wider involvement because I don’t think it should - we should be getting just one résumé for a job. I think it should be a decision posed for us, so we’re like, wow, which one do we really want. It should be at that point and it’s not at that point. It’s always like here they are, rubber stamp them and move on because this all we got. And so I think it’s a very good idea that he’s got and I would like to endorse that strongly. I’d be willing to table these for now and fill these after we’ve sent the information out. It may wind up being these two -- these people on this list may be the ones we wind up confirming. But at least we would give -- put the opportunity out there and be more inclusive in our process.

MAYOR DISTLER: Mr. Neighbor and then Ms. Meyer.

COUNCILMEMBER NEIGHBOR: I would ask of the City Attorney, there happens to be -- well, is this going to create quorum problems if we don’t fill these tonight?

CITY ATTORNEY RAINEY: I was just counting to make sure. As I see it there are four positions to be filled. And I was going to ask Paul, but I didn’t want to interrupt your discussion. Is that all of the openings you have on the Planning Commission then? What we’re all trying to figure out is are there any additional openings where the loss of four

MR. CHAFFEE: Yeah.

CITY ATTORNEY RAINEY: -- members would be a loss of quorum.

MR. CHAFFEE: Paul Chaffee, Planning Director. These are the four whose terms -- expire on the 30th of June this year.

CITY ATTORNEY RAINEY: So, without these four until the next Council meeting, which is July 10th, will there be a quorum problem with the Planning Commission hearing that’s coming up?

MR. CHAFFEE: Well, there wouldn’t be because they’ve canceled their meeting on the 3rd because I couldn’t get a quorum.

MAYOR DISTLER: Ms. Meyer.

COUNCILMEMBER MEYER: Yeah. And again, I don’t disagree with sort of philosophy that you’re advocating there, any of you. I think we should have more citizen participation. I guess for me it just comes down to -- it really, I mean, it’s the Council who is approving these. But really they’re Mayor’s appointments. So, I guess I would give the discretion to the Mayor to receive résumés and set the level of engagement and make the decision on whom she or he, whomever it is, is appointing, and then we have the kind of final checkoff of that. We’re not the vetting body in this case I don’t think.

MAYOR DISTLER: And, Mr. Chaffee, I’m sorry. The Committee meeting is August 8th. So, I mean, even if we open and posted it, it would take time to get the résumés in and stuff, so you probably wouldn’t have a quorum then for your August meeting either and possibly September?

MR. CHAFFEE: We would have seven Planning Commissioners. And I can’t tell you, you know, how many will come. One is gone and we’re there.

MAYOR DISTLER: Okay.

COUNCILMEMBER PFLUMM: What do you need for a quorum on Planning?

MR. CHAFFEE: And during the summer we have some Planning Commissioners gone as they take vacations with their families just like all of us do also, so.

MAYOR DISTLER: Okay. Thank you.

CITY MANAGER GONZALES: And, Mayor, I might speak to the BZA. I believe there is only three members on the BZA, is that correct?

MR. CHAFFEE: No, there’s seven.

CITY MANAGER GONZALES: On the BZA?

MR. CHAFFEE: Yeah.

CITY MANAGER GONZALES: So, we’re down three. So, we would only have

MR. CHAFFEE: Correct.

CITY MANAGER GONZALES: -- four on it also which I do know we have an issue coming forward to that board, so.

MAYOR DISTLER: Mr. Kemmling.

COUNCILMEMBER KEMMLING: I agree with Ms. Meyer on the part of the process she talked about the Mayor gets the résumés, she decides. So, I’m not talking about that part. I’m talking about the part before where we’re harvesting résumés. Because when we’re saying that it’s at the Mayor’s discretion and you can pick any of this one that you want because we have one. There’s no discretion when there’s one outside of maybe leaving a seat vacant. And so I agree on that part that you say. Yeah, it’s up to the Mayor to decide who she wants to present to us. I would love for her to have more to present from. Also we’ve seen this before in the Council where we get our back put up against wall because if we don’t appoint something right, or if we don’t approve something right now, we don’t have the time to discuss it. And I’m really not a fan of that. And part of what we can have at our discussion maybe at the Committee meeting is discussing these well in advance of the openings. Not us getting a packet on Thursday and finally finding out who the names are, or maybe even forgetting that there were openings on certain boards. And so we can have that part of the discussion later. But that’s the part of the process I’m talking about. It’s not the individuals that are here tonight. It’s not the names on this list. It’s not that final part in the process where the Mayor gets to make her recommendation for us to confirm. I’m talking about the part of the process where we’re trying to get people involved. And it’s not coddling. If people don’t know, people might want to and just they don’t know. And so I’m on that earlier end of the process, so that’s where my comments are at.

MAYOR DISTLER: Any other comments from the Council? Ms. Meyer.

COUNCILMEMBER MEYER: I agree with everything that you said, Councilmember Kemmling. I agree that we do need more participation. And, you know, if we decide to table it for a month that’s probably fine. I do think that it is within the Mayor’s -- I don’t think that the Mayor has to receive résumés. I think she could go out and, you know, approach someone on her own and say that, you know, have you ever thought about this. So, I think that there are other options besides that. But I see your point absolutely.

MAYOR DISTLER: To that point since we do have the members already on the agenda waiting to be appointed, it’s obvious to the Council’s discretion their vote on what is going to happen tonight. But I mean definitely what you’re suggesting I would support going forward. It needs to be done. But we do have these votes tonight. So, like I said, it’s pass or fail. Yes, Mr. Pflumm.

COUNCILMEMBER PFLUMM: Well, we kind of had this situation the last time, you know what I mean? Where it was brought up and, you know, hey, we already got him on the list here. So, when are we going to do it?

MAYOR DISTLER: Well, it’s on the August Committee.

COUNCILMEMBER PFLUMM: I mean, seriously, I mean, so we need to just say right now.

MAYOR DISTLER: It’s on the August Committee meeting.

COUNCILMEMBER PFLUMM: Yeah.

MAYOR DISTLER: But I mean you as a Councilmember, if you second Mr. Kemmling’s vote to table it and you’ve got the majority that’s what will happen.

COUNCILMEMBER PFLUMM: Okay.

MAYOR DISTLER: It’ll be tabled.

COUNCILMEMBER PFLUMM: I’ll second the -- I’ll second that.

MAYOR DISTLER: Okay. So, we have a motion and a second to table. All of tonight’s appointments or just Planning Commission or

COUNCILMEMBER KEMMLING: My motion would be to table all of tonight’s appointments.

MAYOR DISTLER: All of tonight’s appointments. Okay. Let’s go ahead and do a roll call vote. 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: Aye.

MAYOR DISTLER: Ms. Meyer.

COUNCILMEMBER MEYER: Aye.

MAYOR DISTLER: Mr. Sandifer.

COUNCILMEMBER SANDIFER: No.

MAYOR DISTLER: Mr. Kenig.

COUNCILMEMBER KENIG: Aye.

COUNCILMEMBER JENKINS: You forgot one.

MAYOR DISTLER: Oh, Mr. Fagan, I’m sorry.

GUEST COUNCILMEMBER FAGAN: Aye.

MAYOR DISTLER: Okay. So, we have seven ayes and two nos. Motion passes.
[Therefore, the motion was made by Councilmember Kemmling and seconded by Councilmember Pflumm to table voting on all appointments listed in the agenda. The motion carried 6-2 with Councilmembers Neighbor and Sandifer voting no.]

COUNCILMEMBER NEIGHBOR: Madam Mayor.

MAYOR DISTLER: Yes.

COUNCILMEMBER NEIGHBOR: There was no date in that motion, is that correct?

MAYOR DISTLER: Oh, I assumed it was the next Council meeting. Was there a

CITY MANAGER GONZALES: Well, are we waiting completely until after the 8th meeting?

MAYOR DISTLER: Well, I was going to say, yeah, because that would be

CITY MANAGER GONZALES: Way too long.

COUNCILMEMBER KEMMLING: Well, I didn’t make it clear in my motion. So, do we want another motion on when we’re tabling it till?

COUNCILMEMBER PFLUMM: Well, we didn’t get a motion to bring them here, so.

CITY ATTORNEY RAINEY: I’m sorry. I understood and had written down that the motion was to table it to the next Council meeting, so that you had time to vet the applications. And I was looking at Stephen, to put you on the spot, is that what you had noted?

CITY CLERK POWELL: [Inaudible; talking of mic]

MAYOR DISTLER: Ms. Meyers.

COUNCILMEMBER MEYER: Sorry, Stephen. Couldn’t we in the interim, as kind of a solution to this, advertise the openings over the next couple of weeks? And whatever our City means of doing that is, I’m sure Julie knows more than I about that stuff to kind of help that along.

COUNCILMEMBER KEMMLING: Yeah. I personally think that would be a good hybrid way of getting this done.

MAYOR DISTLER: So, then you would be in support of supporting someone prior to the decision made on the Committee?

COUNCILMEMBER KEMMLING: The date of the Committee meeting is August 8th, which is over a month from now.

MAYOR DISTLER: But don’t we have another Council meeting in July?

CITY MANAGER GONZALES: July 10th and July 24th, and we’ll have Planning Commission meetings and a BZA meeting in July also.

COUNCILMEMBER PFLUMM: So, if we got on August 8th, we’re going to miss one Planning Commission meeting and one BZA meeting, is that correct?

COUNCILMEMBER NEIGHBOR: No, that’s a Committee meeting.

CITY MANAGER GONZALES: And just to clarify, my understanding, the Committee discussion is merely about the process not about any individuals

COUNCILMEMBER PFLUMM: Right.

CITY MANAGER GONZALES: So, nothing would have changed by the August 14th meeting.

COUNCILMEMBER PFLUMM: So, if we could take Stephanie’s recommendation to advertise currently.

COUNCILMEMBER MEYER: Give it a month and come back on the 24th meeting.

COUNCILMEMBER PFLUMM: Yeah. Sounds great.

MAYOR DISTLER: Mr. Sandifer.

COUNCILMEMBER SANDIFER: So, during this period of time if we have any issues on the Planning Commission that needs to be addressed and we don’t have a quorum we have to put our -- any economic development or anything off that we have to deal with? Just so the public knows that.

COUNCILMEMBER PFLUMM: Okay.

COUNCILMEMBER MEYER: Mayor.

MAYOR DISTLER: Ms. Meyer.

COUNCILMEMBER MEYER: To Councilmember Sandifer’s point, Paul, typically these things aren’t urgent. Are you aware of anything coming before the Planning Commission in the next month that might be mission critical?

MR. CHAFFEE: Paul Chaffee, Planning Director. I don’t know that there’s anything critical. I guess my question to my Ellis is do the current members, even if their terms have expired, serve until

COUNCILMEMBER MEYER: That’s a good question.

MR. CHAFFEE: -- until an appointment is made to replace them or

CITY ATTORNEY RAINEY: It’s actually a great question, but no, they do not because they’re for a set term and they’re not in a position like you all where you were elected for a set term and then your term was legislatively changed or modified. And the other old cases that we looked at basically said that if you -- you’re a de facto officer if you’re a holdover in a term to which you were appointed provided there was no knowledge that you were in a holdover position and not appointed for that action. And there was also another case that I just happened to look at this afternoon for another reason that basically said that you could be a de facto and holdover unless there was an objection that was made at the time this person exercised its function, which may likely come up on a Planning Commission board I would think.

MR. CHAFFEE: And I believe there may be -- the one Planning Commission meeting in July and perhaps two in August before the Committee recommendation would come to the Governing Body as a whole and perhaps a little awkward for some sitting Commissioners who are kind of hanging out there to let them know we might see you in three meetings, but don’t come to the other ones in between, so.

MAYOR DISTLER: Mr. Jenkins.

COUNCILMEMBER JENKINS: Well, I think it should be reasonable for this Council to go ahead and extend the existing appointments officially -- formally until such time as we make the selections for the replacements for those.

MAYOR DISTLER: We can make the offer, but we don’t know who would want without

COUNCILMEMBER JENKINS: True.

MAYOR DISTLER: -- I mean asking yet we don’t know who would want to extend.

COUNCILMEMBER JENKINS: True. Yeah. You can make them do it. But we can say that for those that wish to continue in their positions during this brief hiatus period they could do that even though their terms is expired until the date comes when we make the new appointments because that may be a month or two months before we actually get to that point.

CITY MANAGER GONZALES: Mr. Rainey, are the terms three years?

COUNCILMEMBER PFLUMM: Actually I thought it was going to be

CITY MANAGER GONZALES: So, you’re either appointed or not. I don’t know that the Council, without changing the code, has the discretion to arbitrarily pick an amount of time?

CITY ATTORNEY RAINEY: I think it’s -- we should probably look, and Stephen is already ahead of us in looking. I thought our code specifically provided for the terms, and they were staggered terms so that we had new -- not everyone coming up at the same time. And to do that, then we would have to change our code provisions which specifically provides which ones are for three years and which ones are for two or four. Is that what it says in

CITY CLERK POWELL: It says if the terms are for [inaudible; talking off mic].

CITY ATTORNEY RAINEY: And that’s in our municipal code. Yeah. Then we cannot.

MAYOR DISTLER: Mr. Pflumm.

COUNCILMEMBER PFLUMM: Yeah. I mean Stephanie said it. I mean if we’re going to wait a month, we’re going to advertise in between. We’re not going to miss the August meetings. You’re going to miss one meeting, so it’s not a big deal. I think we advertise it now and we vote on it in the July meeting.

MAYOR DISTLER: Mr. Vaught.

COUNCILMEMBER VAUGHT: So, just real quick so what we’re -- and also we’re talking about new appointees because we’re looking at getting résumés, so do we want to, I mean, on a reappointment because that’s what we’re sitting here right now. We’re talking about these reappointments. And typically unless there’s a major controversy we reappointment people, which would kind of elevate that issue of, okay, we’ll see you in three months. So, as far as new appointees go, if we want to hold off on that we hold off on it. We’ve left seats vacant before. But do we want to modify that motion and just make it for new appointees and go ahead and address the reappointments on here? Or is that -- because typically we don’t take applications on a reappointment. I mean it’s

COUNCILMEMBER JENKINS: [Inaudible; talking off mic].

COUNCILMEMBER PFLUMM: We could.

COUNCILMEMBER VAUGHT: We could. But I mean as we all know, even if we advertise, we don’t have a line of people out there wanting to serve on these boards. It’s not very glamorous. So, it would be great if we had three or four people wanting to compete for a reappointment, but there’s times where we have a difficult time filling an appointment seat. And maybe with more advertising we don’t have that problem. But, and I said, I mean, I don’t have any heartburn either way, so whatever we got. I don’t know if we want to just stick with what we’ve done.

COUNCILMEMBER JENKINS: [Inaudible; talking off mic].

COUNCILMEMBER VAUGHT: I mean it’s up to you. I could care less either way. I just don’t want to -- it’s kind of a weird gaps, so I don’t know how everybody feels about that.

MAYOR DISTLER: Any other comments?

CITY MANAGER GONZALES: I just need a clarification on what meeting.

COUNCILMEMBER KEMMLING: Do we have to vote on that again, July 24th?

CITY MANAGER GONZALES: Just clarify your motion.

COUNCILMEMBER KEMMLING: I clarify my motion as July 24th.

MAYOR DISTLER: But that’s before the Committee meeting.

COUNCILMEMBER PFLUMM: His motion has been voted on, so we’ll need a new motion.

MAYOR DISTLER: Okay.

MR. RAINEY: I’m sorry. Yeah. I think you’re right, Mr. Pflumm. Because I clearly heard a few weeks or a couple weeks and that’s what I thought the motion was. So, if it’s different in each of your minds, then we probably need to make sure it’s clear.

COUNCILMEMBER PFLUMM: Stephanie, go ahead.

COUNCILMEMBER MEYER: I would make the motion that we table our consideration of appointments and reappointments until the July 24, 2017 Council meeting.

COUNCILMEMBER PFLUMM: Second.

MAYOR DISTLER: Okay. We have a motion and a

COUNCILMEMBER PFLUMM: I should have let him second it.

MAYOR DISTLER: -- second.

COUNCILMEMBER MEYER: Took it right from you, Mike. Sorry.

MAYOR DISTLER: All in favor signify by saying aye.

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

MAYOR DISTLER: Opposed nay.

COUNCILMEMBERS NEIGHBOR, SANDIFER: Nay.

MAYOR DISTLER: Mr. Neighbor and Mr. Sandifer voting in opposition. Motion passes.
[Therefore, the motion was made by Councilmember Meyer and seconded by Councilmember Pflumm to table consideration of appointments and reappointments until the July 24, 2017 Council meeting. The motion carried 6-2 with Councilmembers Neighbor and Sandifer voting no.]

2. CONSIDER REAPPOINTMENTS TO THE PLANNING COMMISSION.

This item is tabled to the July 24, 2017 City Council meeting.

3. CONSIDER REAPPOINTMENTS TO THE BOARD OF ZONING APPEALS.

This item is tabled to the July 24, 2017 City Council meeting.

4. CONSIDER REAPPOINTMENT TO THE COMMUNITY CORRECTIONS ADVISORY BOARD.

This item is tabled to the July 24, 2017 City Council meeting.

5. CONSIDER APPOINTMENT TO THE VISIT SHAWNEE ADVISORY COMMITTEE.

This item is tabled to the July 24, 2017 City Council meeting.

F. BUSINESS FROM THE FLOOR
(This item was taken up after introduction of Public Items)

MAYOR DISTLER: Is there Business from the Floor? Anyone who has comments on an issue not on tonight’s agenda? Seeing none, now if Ms. Odermann will come back up.

G. PUBLIC ITEMS

1. PRESENTATION OF 2016 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR).

MAYOR DISTLER: The next item on the agenda is Public Items. Item Number 1 is the Presentation of the 2016 Comprehensive Annual Financial Report. The City's financial statements and operations for 2016 were audited by Mize Houser & Company, P.A. Aubrey Odermann will make a short presentation about her findings.
(Off Record Whispering)

MAYOR DISTLER: Oh, I’m sorry I did. Sorry.
(Business from the Floor was taken up at this time)

MS. ODERMANN: All right. Good evening. I am here to discuss the CAFR for the 2016 year and answer any questions that you might have. I’m going to start out on page 1 and 2, which is our Auditor’s Report. This report goes through and it discusses the auditor’s responsibility, our responsibility, management’s responsibility in regards to the financial statements, but more importantly, and really what everybody probably wants to see in that report is the opinion on that financial statements. And that’s in the last paragraph on page 1. It’s an unmodified opinion over the various components of the financial statements. So, it’s the highest opinion the financial statements can receive. It speaks to the work that you do here and the direction that you give your staff. Maureen and Debbie and Shelly and the people that work within that department do a really great job when we’re here, and they ask really great questions throughout the year which we appreciate very much. It makes the audit easier, and I think it makes the financial statements much more useful during the year. So, we really appreciate all of the hard work that they do when we’re out here and throughout the year.

I also want to talk a little bit about management’s discussion and analysis, which is on pages 3 through 11. And that’s management’s opportunity to go through and look at the prior year financial information and the current year financial information and analyze things that occurred during the year. It’s really the only place in the financial statements where management has that opportunity to discuss events that occurred, capital assets that were purchased or land that was acquired, debt that was issued. So, I strongly encourage people to look at that. It really gives some -- an analysis of the year in layman’s terms.

On to page 12 and 13 is an area where we pull the entire city into two pages. So, it’s the closest thing you are going to see to a business financial statement. And it shows the entire city with capital assets and debt. And so it’s really the only place where that’s all pulled together as well.

COUNCILMEMBER PFLUMM: What page? I’m sorry.

MS. ODERMANN: Page 12 and 13. Okay. And then another obligation that we have coming to you is to let you know if we have any material weaknesses or significant deficiencies in internal controls. We did not note any of those during the audit. We did not note any non-compliance with laws or regulations as they relate to the financial statements as well. I did want to talk a little bit about -- there’s a separate letter that is not in the bound part of the financial statements. And it’s titled “Auditor’s Communication to Those Charged with Governance,” which is a letter specifically for you. And it goes through and it talks about a lot of the things that I’ve already talked about, our responsibility, management’s responsibility. It also highlights some estimates. A lot of the information in the financial statements are actual numbers, actual transactions that occurred, but there is also estimates as well. So, we always want to make sure that the Council is aware of those estimates. Things like compensated absences, vacation and sick pay, things like the actuarial studies that are done on other post-employment benefits and the KPERS pension liability. Those are estimates. So, we want to be clear that they’re not actual. You didn’t write a check for those things and those expenses occurred. They’re estimates that management makes with their expertise and with actuary studies as well. So, we wanted to highlight those so you’re aware of those. Those are all governmental financial statements. But it’s important for you to know that those are estimates in these financial statements.

Okay. Any questions that you have?

MAYOR DISTLER: Question, Mr. Jenkins?

COUNCILMEMBER JENKINS: Just one. I get kind of confused year every year by this one sentence you have in your opening part where it says, “We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance.” That kind of [inaudible] me a little bit, we don’t get any assurance, but we did all this money. Okay. What’s the [inaudible; talking off mic].

MS. ODERMANN: Okay. So, where are you reading that at, Councilman?

COUNCILMEMBER JENKINS: Page 2.

MS. ODERMANN: Page 2. All right.

COUNCILMEMBER JENKINS: [Inaudible; talking off mic] requires [inaudible].

MS. ODERMANN: All right. So, that is over -- let me get to that page.

COUNCILMEMBER JENKINS: [Inaudible; talking off mic].

MS. ODERMANN: Okay. So, all right. So, that’s in talking about the other information. So, we’re giving an opinion on the basic financial statements. And those basic financial statements are everything before the notes and the note disclosure. And then we’re giving an opinion on everything else as they relate to the basic financial statement. So, we are giving an opinion on the supplementary information, but it’s an opinion in relation to the basic financial statement, the major funds, the note disclosures. We’re not giving an individual opinion over those non-major funds.

COUNCILMEMBER JENKINS: Well, this [inaudible; talking off mic].

MS. ODERMANN: Well, we are giving an opinion over that because that’s in the note disclosure. 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, this is for informational purposes only. Thank you very much.

COUNCILMEMBER PFLUMM: Thank you.

2. CONSIDER ESTABLISHING BUDGET LIMIT AND SETTING PUBLIC HEARING FOR THE 2017 AMENDED BUDGET AND THE 2018 BUDGET.

MAYOR DISTLER: Item Number 2 is to Consider Establishing Budget Limit and Setting Public Hearing for the 2017 Amended Budget and the 2018 Budget. Kansas Statutes require the City to set a public hearing for the 2017 Amended Budget and the 2018 Budget. Two actions are required.

a) Consider approving the Notice of Public Hearing amending the 2017 Budget for July 10, 2017, at 7:00 p.m.

MAYOR DISTLER: The first recommended action is to consider approving the notice of a Public Hearing amending the 2017 budget for July 10, 2017, at 7:00 p.m.

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 approve the Notice of Public Hearing amending the 2017 budget for July 10, 2017, at 7:00 p.m. The motion carried 8-0.]

b) Consider approving the Notice of Public Hearing for the 2018 Budget for July 10, 2017, at 7:00 p.m.

MAYOR DISTLER: The second recommended action is to consider approving the notice of Public Hearing for the 2018 Budget for July 10, 2017, at 7:00 p.m. Does anyone on the Council have any questions? Mr. Kemmling.

COUNCILMEMBER KEMMLING: I’d just like to point out that the action item says that we’re approving the notice of Public Hearing, but we’re also setting the debt limit for the 2018 budget as part of that motion, or as part of that action item.

CITY MANAGER GONZALES: Budget, maximum budget limit.

COUNCILMEMBER KEMMLING: Right.

MAYOR DISTLER: Thank you. Anyone else on the Council have any questions or comments? Anyone from the audience that would like to speak to this item? Seeing none, I will accept a motion.

COUNCILMEMBER NEIGHBOR: So moved.

COUNCILMEMBER KENIG: Second.

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

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

MAYOR DISTLER: Opposed nay.

COUNCILMEMBER KEMMLING: Nay.

MAYOR DISTLER: Mr. Kemmling voting in dissent. Motion passes.
[Therefore, the motion was made by Councilmember Neighbor and seconded by Councilmember Kenig to publish the Notice of Public Hearing for the 2018 Budget for July 10, 2017, at 7:00 p.m. The motion carried 7-1 with Councilmember Kemmling voting no.]

3. CONSIDER ORDINANCE NO. 3188, APPROVING AMENDMENTS TO THE REDEVELOPMENT AND EXCISE TAX ABATEMENT AGREEMENTS WITH SHAWNEE ASSOCIATES, LLC, REGARDING PRAIRIE PINES TOWNHOME PROJECT.

MAYOR DISTLER: Item Number 3 is to Consider Ordinance No. 3188, Approving Amendments to the Redevelopment and Excise Tax Abatement Agreements with Shawnee Associates, LLC, Regarding Prairie Pines Townhome Project. The Governing Body has approved a Redevelopment Agreement and an Excise Tax Abatement Agreement with Shawnee Associates, LLC, for the Prairie Pines Townhome Project with two extensions. Substantial progress has been made on the project, but due to a shortage of subcontractors, Shawnee Associates, LLC, has requested a third extension to complete of the Project Plan.

a) Consider passing Ordinance No. 3188, approving the Third Amendment to the Prairie Pines Redevelopment Agreement

MAYOR DISTLER: An ordinance is required to authorize an amendment to the Redevelopment Agreement. An addendum is required to amend the Excise Tax Agreement.

Does anyone on the Council have any questions? Mr. Pflumm, and then Mr. Kemmling.

COUNCILMEMBER PFLUMM: Yeah. I was just wondering if anyone was here in reference to this project if they could tell us, you know, we’re running over such a long period of time, so.

CITY MANAGER GONZALES: Mr. Inghram and Mr. Peterson are here tonight.

MR. PETERSON: Good evening, Mayor. Good evening, Manager and Council. Curt Peterson here on behalf of the applicant. And this project has steadily as I know all you all keep track of these projects I think pretty closely as I’ve talked to you. And as you’ve driven by there’s really been no stoppage of work since the very beginning. But I know very initially when we came to you, if you recall this fact, there was a tough winter, so that was what got them off a little bit at the beginning. But then after that it’s really just been for all of those in the construction industry you know it’s very, very, very tight labor. And so as Rick or Tim, you know, the owners will tell you, and we, you know, talk to each other frequently, it’ll be one day it’s the, and, you know, I don’t remember the exact trades. But, you know, it’ll be the -- they can’t get their foundations poured or they can’t get the framers on time. And so not only is it more expensive as you read in the paper, a lot more expensive, but it’s just tough to get their -- sew together all the subs back to back to back. But I will tell you, you know, there’s over a hundred units over roof more than now -- an update to our letter from six weeks ago there’s more than 70 units entirely completed. And so hopefully you are still encouraged and have patience because this is a project that’s never stopped from day one and pushing forward.

MAYOR DISTLER: Mr. Kemmling and then Mr. Neighbor.

COUNCILMEMBER KEMMLING: I’m curious. So, we approved this in August of 2013. Do we have the original timeline? I know this is the third time we’re asking for an extension. Do we have the original?

MR. PETERSON: Dr. Kemmling, we can back into it while someone is looking into because I don’t have it with me.

COUNCILMEMBER KEMMLING: Uh-huh.

MR. PETERSON: But this is the third extension. The first one was, and someone can check my memory here, but I think I have it straight. The first one was a one-year extension and the second was six months. And this also is six months. The commercial is a little bit longer than six months, so we can kind of probably back into it that way.

COUNCILMEMBER KEMMLING: So, you’re saying two years behind?

MR. PETERSON: Collectively if you counted what’s asked for now, yes.

MAYOR DISTLER: Mr. Neighbor.

COUNCILMEMBER NEIGHBOR: I would just offer that we have -- this is not the first time this situation has occurred and there are others. I believe the Holiday Inn Express, we’ve given these extensions before. I also believe one of the first problems was with the -- this was a pretty substantial project when you look at what it took with covering the creek and getting all of that done. And, you know, I’m for giving them another six months going forward because I think that they made a full faith effort to satisfy all of the parts of the agreement saying what they’re going to do. It just hasn’t happened quite as fast. Reminds me of some projects I started at home. So, I think it’s fine to give them another six months.

MR. PETERSON: Mr. Neighbor, may I add just to your comment? Hopefully it’s a helpful fact that this isn’t a situation where at times you all have seen that there are developers that set forward and have good intensions, but then plans fall through, financing falls through. Having been a part of the financing this project is fully financed. We have the loans in place. And, you know, Mr. Inghram and Mr. Hickok make money, and I’m stating the obvious, but make money when they build. And at least, and I forgot to tell you that there’s a waiting list. These are 100 percent leased up, ready to go. And I can assure you today as the guy that worked on the loan documents that the loan financing is there. So, I hope that helps a little bit to show good faith again. They want to build as fast as they can, so thank you for your patience.

MAYOR DISTLER: Ms. Meyer.

COUNCILMEMBER MEYER: Sure. Yeah. I was just going to add what you kind of hit on, Curt. It looks to me, I drive by the site several times a day. It looks like people are moving the moment the last nail hits the wall.

MR. PETERSON: That’s right.

COUNCILMEMBER MEYER: So, I appreciate that. And I can -- from my professional world I can speak to the shortage of subcontractors. So, I understand that’s a very real concern in this market right now. So, I appreciate you guys doing that project out there.

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 NEIGHBOR: Second.

MAYOR DISTLER: A motion and second has been made. All in favor signify by saying aye.

COUNCILMEMBERS: Aye.

MAYOR DISTLER: Against nay. Motion passes.
[Therefore, the motion was made by Councilmember Vaught and seconded by Councilmember Neighbor to pass Ordinance No. 3188, approving amendments to the Redevelopment and Excise Tax Abatement Agreements with Shawnee Associates, LLC, Regarding Prairie Pines Townhome Project. The motion carried 8-0.]

b) Consider approving and authorizing the Mayor to sign the 2017 Addendum to the Prairie Pines Excise Tax Agreement.

COUNCILMEMBER PFLUMM: Item B.

MAYOR DISTLER: The second action is to approve and authorize the Mayor to sign the 2017 Addendum to the Prairie Pines Excise Tax Agreement.

COUNCILMEMBER MEYER: 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 authorize the Mayor to sign the 2017 Addendum to the Prairie Pines Excise Tax Agreement. The motion carried 8-0.]

4. CONSIDER CONTRACT NO. 2017-0072, AN EXCISE TAX ABATEMENT AGREEMENT WITH ER PROPERTIES, LLC, FOR ATTIC STORAGE OF SHAWNEE SUBDIVISION.

MAYOR DISTLER: Item Number 4 is to Consider Contract No. 2017-0072, an Excise Tax Abatement Agreement with ER Properties, LLC, for Attic Storage of Shawnee Subdivision.

Pursuant to policy, ER Properties, LLC, has formally requested to be considered for the conditional abatement of the excise tax on 2.97 acres of land generally located in the 20300 block of 66th Street for the purpose of developing a self-storage facility. The recommended action is to approve and authorize the Mayor sign the agreement.

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 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 Contract No. 2017-0072, an Excise Tax Abatement Agreement with ER Properties, LLC, for Attic Storage of Shawnee Subdivision.
The motion carried 8-0.]


5. CONSIDER RESOLUTION NO. 1811, AMENDING RESOLUTION NO. 1786 RELATING TO THE INTENT TO ISSUE FEDERALLY TAXABLE PRIVATE ACTIVITY REVENUE BONDS (IRB’S) IN THE PRINCIPAL AMOUNT NOT TO EXCEED $8,000,000 FOR THE STAG’S CREEK PROJECT AT SHAWNEE MISSION PARKWAY AND GODDARD STREET.

MAYOR DISTLER: Item Number 5 is to Consider Resolution No. 1811, Amending Resolution No. 1786 Relating to the Intent to Issue Federally Taxable Private Activity Revenue Bonds (IRBs) in the Principal Amount Not to Exceed $8,000,000 for the Stag’s Creek Project at Shawnee Mission Parkway and Goddard Street. On July 25, 2016, the Governing Body adopted Resolution No. 1786, and it expires on July 25, 2017. The company has asked the City for an extension and a new resolution is required. The recommended action is to adopt Resolution No. 1811.

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: Motion for approval.

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 Vaught and seconded by Councilmember Kenig to adopt Resolution 1811, amending Resolution No. 1786 to extend the termination date to July 25, 2018. The motion carried 8-0.]

H. ITEMS FROM THE PLANNING COMMISSION MEETING OF JUNE 5, 2017

1. CONSIDER APPROVAL OF SUP-02-17-06, A SPECIAL USE PERMIT FOR THE OPERATION OF A GROUP DAY CARE WITH UP TO TEN CHILDREN AS A HOME OCCUPATION LOCATED AT 5542 BELMONT DRIVE.

MAYOR DISTLER: The next item is Item H, Items from the Planning Commission meeting of June 5, 2017. Item Number 1 is to Consider Approval of SUP-02-17-06, a Special Use Permit for the Operation of a Group Day Care with up to Ten Children as a Home Occupation Located at 5542 Belmont Drive. The Planning Commission voted 10-0 to recommend 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 VAUGHT: 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 Vaught and seconded by Councilmember Sandifer to approve SUP-02-17-06, a Special Use Permit for the operation of a group day care with up to ten children as a home occupation located at 5542 Belmont Drive. The motion carried 8-0.]

2. CONSIDER APPROVAL OF SUP-03-17-06, A SPECIAL USE PERMIT TO PROVIDE LIVE ENTERTAINMENT IN THE FORM OF A DEEJAY OR LIVE BAND AT THE ROXY, A RESTAURANT LICENSED BY THE STATE AS A DRINKING ESTABLISHMENT, PROPOSED TO BE LOCATED AT 13410 W. 62ND TERRACE.

MAYOR DISTLER: Item Number is 2 is to Consider Approval of SUP-03-17-06, A Special Use Permit To Provide Live Entertainment in the Form of a Deejay or Live Band at the Roxy, a Restaurant Licensed by the State as a Drinking Establishment, Proposed to be Located at 13410 W. 62nd Terrace.

The Planning Commission voted 9-1 to recommend 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?

COUNCILMEMBER PFLUMM: Actually I do.

MAYOR DISTLER: Mr. Pflumm.

COUNCILMEMBER PFLUMM: Well, I’ve just had some citizen comment in reference to this. And so, Mr. Chaffee, I mean if you could let us know how long. Is this a standard one year and then they’re going to get a, you know, just for the public purposes, I mean, what’s the length of the

MR. CHAFFEE: Yeah. The initial Special Use Permit is approved for one year with review at that time, and then they would go on a four-year review cycle. However, if an applicant doesn’t perform subject to the conditions it can be brought up for review at any time and revoked or modified.

COUNCILMEMBER PFLUMM: So, I just had some people ask me that, you know, what can we do, you know what I mean, if there starts to be, you know, like some issues or something.

MR. CHAFFEE: If there are issues we’ll bring it to the Planning Commission and they’ll consider setting a hearing to consider modifying or revoking the Special Use Permit.

COUNCILMEMBER PFLUMM: Okay. Thank you.

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

MAYOR DISTLER: 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: Aye.

MAYOR DISTLER: Opposed nay. Motion passes.
[Therefore, the motion was made by Councilmember Sandifer and seconded by Councilmember Neighbor to approve SUP-03-17-06, a Special Use Permit to provide live entertainment in the form of a deejay or live band at the Roxy, a restaurant licensed by the state as a drinking establishment, proposed to be located at 13410 W. 62nd Terrace, subject to the conditions in the staff report. The motion carried 8-0.]

I. STAFF ITEMS

1. CONSIDER CONTRACT NO. 2017-0073, AN INTERLOCAL AGREEMENT CREATING THE JOHNSON COUNTY EMERGENCY MEDICAL SERVICES (EMS) PEER REVIEW COMMITTEE.

MAYOR DISTLER: The next item is Staff Items. Item Number 1 is to Consider Contract No. 2017-0073, an Interlocal Agreement Creating the Johnson County Emergency Medical Services (EMS) Peer Review Committee.

In 2013, the City entered into an Agreement with Johnson County to participate in a countywide program with the County’s Medical Director for improving the quality of emergency medical care to Johnson County. One of the initiatives was to have a multi-disciplinary team of first responders to review and evaluate the care from all stages of contact with a patient. The proposed agreement establishes that team. Shawnee’s representative will be Emergency Services Manager, Matt Epperson. The recommended action is approve and authorize the Mayor to sign the agreement.

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

COUNCILMEMBER JENKINS: not really a questions just a comment. I think joint [inaudible] teams are a really good thing and lot can be derived from them to make improvements and enhancements to existing procedures, so I’m all in favor of 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 JENKINS: 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 Jenkins and seconded by Councilmember Sandifer approve and authorize the Mayor to sign Contract No. 2017-0073, an Interlocal Agreement creating the Johnson County Emergency Medical Services (EMS) Peer Review Committee. The motion carried 8-0.]

2. CONSIDER ORDINANCE NO. 3189 AMENDING THE SHAWNEE MUNICIPAL CODE RELATED TO PENALTIES FOR SEAT BELT VIOLATIONS.

MAYOR DISTLER: Item Number 2 is to Consider Ordinance No. 3189 Amending the Shawnee Municipal Code Related to Penalties for Seat Belt Violations. Senate Bill 89, effective July 1, 2017, increases the penalty for a seat belt violation from $10 to $30 and requires that the additional $20 be remitted to the State Treasurer for the Seat Belt Safety Fund. The recommended action is to pass Ordinance No. 3189.

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

COUNCILMEMBER JENKINS: Yes. I have a concern here because I’m not having a problem with this from $10 to $30. That’s not the issue. But I would like to propose that perhaps we look at maybe doing it from $30 to $50 if it’s children without seatbelts and that extra $20 would go to -- that would just be part of the fine that would go to the city.

CITY ATTORNEY RAINEY: Mayor, I’m sorry. Yes. That is mandated by state statute. They get to set the fines on this one. It’s not like a normal municipal offense where our judge can set the fine.

COUNCILMEMBER JENKINS: We have no control over what the fine amount is?

CITY ATTORNEY RAINEY: We have no control over it, which is why this nice little trick came about to begin with.

COUNCILMEMBER JENKINS: Because I was all for it. I thought maybe we could even go a little extra, $20 if it’s a child without a seatbelt and those funds could be used to help offset our new bailiffs and all these other things because people need to put seatbelts on their kids. So, I thought it was a good opportunity while we’re changing it anyway to take a look at that. But if we can’t do it, we can’t do it.

CITY ATTORNEY RAINEY: We can’t do it. I think the statute already -- I’m not a big traffic law expert, but I think the statute already has a different penalty for a parent or a guardian who is operating a vehicle with a minor who is not in a seatbelt. But either way, the statute is mandatory in which case and we can’t change it. We have to impose what they tell us to impose.

COUNCILMEMBER JENKINS: That’s nuts, but whatever. Okay.

MAYOR DISTLER: Any other questions or comments?

COUNCILMEMBER JENKINS: It’s our municipal law, so I mean, you know.

MAYOR DISTLER: Anyone from the audience that would like to speak to this item? Seeing none, I’ll accept a motion.

COUNCILMEMBER SANDIFER: Motion to approve.

COUNCILMEMBER PFLUMM: So moved. Second.

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

COUNCILMEMBERS: Aye.

MAYOR DISTLER: Opposed nay. Motion passes.
[Therefore, the motion was made by Councilmember Sandifer and seconded by Councilmember Pflumm to pass Ordinance No. 3189, amending the Shawnee Municipal Code related to Penalties for Seat Belt Violations. The motion carried 8-0.]

3. CONSIDER ORDINANCE NO. 3190, AMENDING THE SHAWNEE MUNICIPAL CODE RELATED TO TALL GRASS AND NOXIOUS WEEDS.

MAYOR DISTLER: Item Number 3 is to Consider Ordinance No. 3190, Amending the Shawnee Municipal Code Related to Tall Grass and Noxious Weeds. On May 22, 2017, the Governing Body adopted an ordinance regarding noticing procedures for tall grass remediation. The procedures included provisions to notice repeat offenders. The City’s legal staff identified that state statutes require the same notification procedures for noxious weeds. The recommended action is to pass Ordinance No. 3190.

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

COUNCILMEMBER JENKINS: State statutes on weeds. Boy, the state is really active, aren’t they? They’re really at it. Okay.

MAYOR DISTLER: Is there anyone from the audience that would like to speak to this item? Seeing none, I’ll 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 Ordinance No. 3190, Amending the Shawnee Municipal Code Related to Tall Grass and Noxious Weeds. The motion carried 8-0.]

4. CONSIDER CONTRACT NO. 2017-0074 AND 2017-0075 WITH SWALLOW TAIL, LLC, FOR STREAM MITIGATION CREDITS FOR THE NIEMAN SOUTH STORM DRAINAGE IMPROVEMENTS PROJECT, P.N. 3400, SMAC TC-21-072, AND FOR THE 6200 NIEMAN STORM DRAINAGE IMPROVEMENTS PROJECT, P.N. 3401, SMAC TC-21-070.

MAYOR DISTLER: Item Number 4 is to Consider Contract No. 2017-0074 and 2017-0075 with Swallow Tail, LLC, for Stream Mitigation Credits for the Nieman South Storm Drainage Improvements Project, P.N. 3400, SMAC TC-21-072, and for the 6200
Nieman Storm Drainage Improvements Project, P.N. 3401, SMAC TC-21-070. These projects are on the Capital Improvement Plan. The City is required to purchase Stream Mitigation Credits to replace lost aquatic resources that result from the construction of the projects. The total cost for the credits is $93,850 and requires two agreements.

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

COUNCILMEMBER JENKINS: This question really is related to this much as it is to the community rating system. Does any of this stuff, like is any of this stuff going to help us, Doug, with the community rating, the CRS with FEMA and all that as far as flood insurance policies, the fact that we’re doing all these mitigation measures and remedial projects?

MR. WESSELSCHMIDT: Doug Wesselschmidt, Director of Development Services, City Engineer. I don’t believe these payments into the streambank credits would give us any points, and we can confirm that with Mike Gregory.

COUNCILMEMBER JENKINS: No, and I’m not really going there. I’m just looking at the projects as a whole, the fact that we’re reducing flooding and all.

MR. WESSELSCHMIDT: Oh, yeah. I would say the projects as a whole, you know, we’re taking measures to reduce the floodplain area. We are purchasing businesses and homes out of the flood plain, so

COUNCILMEMBER JENKINS: Maybe we can get some kind of payback a little bit on insurance premiums in the community or something.

MR. WESSELSCHMIDT: I believe these are probably some areas that we’re already getting credit for on some other projects. So, whether this gets us a better rating or not that would be something that Mike Gregory in the Stormwater

COUNCILMEMBER JENKINS: What is the rating now?

MR. WESSELSCHMIDT: I think we’re a six.

COUNCILMEMBER JENKINS: A six or something. I think I heard six one day.

MR. WESSELSCHMIDT: Yeah. Yeah. Which is

COUNCILMEMBER JENKINS: That’s pretty good.

MR. WESSELSCHMIDT: -- the best in the state. Yes.

COUNCILMEMBER JENKINS: Yeah.

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

COUNCILMEMBER VAUGHT: I just tried looking it up here. So, Trump did an executive order and it involved mitigation credits. And I’m trying to figure out what the requirement on them are. Because I’m reading the article right here.

COUNCILMEMBER JENKINS: He took away some of that stuff, yeah.

COUNCILMEMBER VAUGHT: My understanding is in his executive order he took away the requirement for mitigation credits. And I’d really like to find out more about that before we spend $95,000. And even in my understanding, I’m trying to find the reality of it. And it’s kind of some vague information.

COUNCILMEMBER JENKINS: Uh-huh.

COUNCILMEMBER VAUGHT: But it was part of his executive on kind of reeling back some things.

COUNCILMEMBER JENKINS: That’s a good point, yeah.

COUNCILMEMBER PFLUMM: That’s a great comment. And I’m trying to figure out if we’re improving the stream why do we have to pay? It’s for the construction of the project I understand.

COUNCILMEMBER VAUGHT: Well, that’s because when you mess with wetlands. But that’s what part of his executive order said was -- it addressed mitigation credits because I know he’s not real happy with them as a developer. But I’ve got it on an archive. I just pulled it up here and I’m trying to read it real quick and I was trying to find some stuff today. But, I don’t know. I mean

CITY MANAGER GONZALES: Yeah. We can certainly look into it.

COUNCILMEMBER PFLUMM: Should we table it?

COUNCILMEMBER JENKINS: What is the

COUNCILMEMBER VAUGHT: I mean do we need to do this right now? Or if we

CITY MANAGER GONZALES: I don’t think it would hurt to table it to the July 10th.

COUNCILMEMBER VAUGHT: Is that going to

MR. WESSELSCHMIDT: We need to make these payments in order for our current projects to proceed. I mean we’re being told by the Corps of Engineers that these are the amounts that we need to pay.

MAYOR DISTLER: So, do they refund us if it turns out we paid them and didn’t need to?

MR. WESSELSCHMIDT: I would think so. But, yeah, I would say our

COUNCILMEMBER JENKINS: Well, they should be able to answer a simple phone call as well. I mean if this has been changed they would certainly know.

COUNCILMEMBER SANDIFER: That’s after they’ve balanced the budget.

MAYOR DISTLER: Well, that’s the thing. It’s always harder to get money back once you’ve paid it.

COUNCILMEMBER JENKINS: Yeah.

COUNCILMEMBER PFLUMM: I’m with you.

CITY MANAGER GONZALES: But they’re telling us that we need -- the Corps of Engineers has told us.

MR. WESSELSCHMIDT: They’re telling us that we need to make these payments prior to proceeding with our projects. So, if we proceed without making payment we would be in violation.

COUNCILMEMBER JENKINS: But that’s a pretty recent thing he did. He just rescinded this about a week ago I think.

COUNCILMEMBER VAUGHT: I mean we would could go and approve it. I would just like somebody before we actually write that check can we do some quick research

CITY MANAGER GONZALES: Yeah.

COUNCILMEMBER VAUGHT: -- up the food chain?

COUNCILMEMBER JENKINS: Yeah. That would work.

COUNCILMEMBER VAUGHT: I remember when I heard it because of the industry I’m in it kind of opened my eyes and I went, but trying -- it’s been really vague. I haven’t been able to find any really defined information on what exactly did he do in his executive order. So, is it, I mean

MR. WESSELSCHMIDT: Right. And certainly as the new administration came in, you know, that would be something that we’ve been somewhat keeping our eye on. But we have not been told anything different to this point.

COUNCILMEMBER VAUGHT: Yeah. I don’t know. If we can just look at it. I mean I’m fine with moving forward. We’ve got to get it done. But before we do this I’d love to have someone

COUNCILMEMBER JENKINS: Yeah. Do we know what EO it is that we’re addressing with this? Do you know what executive order it is that we’re addressing with this? I don’t think it’s 11990 or 11998. Do we know which one it is?

MR. WESSELSCHMIDT: I do not.

COUNCILMEMBER VAUGHT: March 28, [inaudible] it has something in there about credits. So, it wasn’t that long ago.

COUNCILMEMBER JENKINS: Yeah. It was pretty recent that was.

MAYOR DISTLER: Mr. Neighbor.

COUNCILMEMBER JENKINS: A week or ten days.

COUNCILMEMBER NEIGHBOR: Is there some way we could add a caveat to this. I agree with Councilman Vaught. I think we need to get it done because we can’t waste that time. That’s another two weeks. But with a caveat that’s subject to -- just disregard that. That’ll just make it more complicated.

MR. WESSELSCHMIDT: We will look into it as we are making these payments.

COUNCILMEMBER PFLUMM: Motion to approve.

COUNCILMEMBER VAUGHT: Second.

MAYOR DISTLER: Okay. Anyone from the audience want to speak to this item? Seeing none, 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 and authorize the Mayor to sign Contract No. 2017-0074 with Swallow Tail, LLC for the purchase of 76 stream credits in the amount of $3,800 for the Nieman Road Corridor South Storm Drainage Improvements Project, P.N. 3400, SMP TC-021-072.
The motion carried 8-0.]

b) Consider approving and authorizing the Mayor to sign an agreement with Swallow Tail, LLC, for the purchase of 1,801 stream credits in the amount of $90,050 for the 6200 Nieman Storm Drainage Improvements Project, P.N. 3401, SMP TC-021-070.

MAYOR DISTLER: The second recommended action is to approve and authorize the Mayor to sign an agreement with Swallow Tail, LLC, for the purchase of 1,801 stream credits in the amount of $90,050 for the 6200 Nieman Storm Drainage Improvements Project, P.N. 3401, SMP TC-021-070.Do I have 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 authorize the Mayor to sign Contract No. 2017-0075 with Swallow Tail, LLC, for the purchase of 1,801 stream credits in the amount of $90,050 for the 6200 Nieman Storm Drainage Improvements Project, P.N. 3401, SMP TC-021-070. The motion carried 8-0.]

5. CONSIDER CONTRACT NO. 2017-0076, A UTILITY RELOCATION AGREEMENT WITH WATER DISTRICT NO. 1 OF JOHNSON COUNTY FOR THE RELOCATION OF WATER FACILITIES FOR THE NIEMAN NOW! IMPROVEMENT PROJECT.

MAYOR DISTLER: Item Number 5 is to Consider Contract No. 2017-0076, a Utility Relocation Agreement with Water District No. 1 of Johnson County for the Relocation of Water Facilities for the Nieman Now! Improvement Project. This project is on the Capital Improvement Plan. In order to complete the project, WaterOne must relocate portions of their water facilities for a cost of $34,097.04. An agreement is required. The recommended action is to approve and authorize the Mayor to sign the agreement. Does anyone on the Council have any questions? Anyone from the audience that would like to speak to this item? 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 authorize the Mayor to sign Contract No. 2017-0076, a Utility Relocation Agreement with Water District No. 1 of Johnson County for the Relocation of Water Facilities for the Nieman Now! Improvement Project.
The motion carried 8-0.]

6. CONSIDER CONTRACT NO. 2017-0077, A REAL ESTATE AGREEMENT FOR THE ACQUISITION OF PROPERTY LOCATED AT 6020 NIEMAN ROAD RELATED TO THE NIEMAN MIDDLE STORM DRAINAGE IMPROVEMENTS PROJECT, P.N. 3424, SMAC TC-021-073.

MAYOR DISTLER: Item Number 6 is to Consider Contract No. 2017-0077, a Real Estate Agreement for the Acquisition of Property Located at 6020 Nieman Road Related to the Nieman Middle Storm Drainage Improvements Project, P.N. 3424, SMAC TC-021-073. This project is on the Capital Improvement Plan. To facilitate construction, staff has negotiated the purchase of the retail building located at 6020 Nieman Road in an amount of $230,000. And agreement is required. The recommended action is to approve and authorize the Mayor to sign the agreement. Does anyone 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 authorize the Mayor to sign Contract No. 2017-0077, a real estate contract with O's, LLC, for the acquisition of property located at 6020 Nieman Road in the amount of $230,000. The motion carried 8-0.]

7. CONSIDER APPROVING THE PURCHASE OF NETWORK SWITCH HARDWARE COMPONENTS.

MAYOR DISTLER: Item Number 7 is to Consider Approving the Purchase of Network Switch Hardware Components. In May 2017, the City released the Phase I Request for Proposal (RFP) for the replacement of the City’s network switch hardware components at various City facilities. Two vendors responded to the RFP and staff is recommending Alexander Open Systems in the amount of $175,806.24. The recommended action is to approve the purchase.

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 Purchase of Network Switch Hardware Components from Alexander Open Systems in the amount of $175,806.24.
The motion carried 8-0.]

8. CONSIDER APPROVING FINAL PLANS FOR THE BARTON STREET, 66TH TERRACE TO 67TH STREET IMPROVEMENT PROJECT, P.N. 3428.

MAYOR DISTLER: Item Number 8 is to Consider Approving Final Plans for the Barton Street, 66th Terrace to 67th Street Improvement Project, P.N. 3428. This project is on the City’s Capital Improvement Program. Final plans are now complete. The total budget is $400,000 and is funded through Community Development Block Grant and Special Highway funds. The next step is to approve final plans and authorize staff to bid the project.

Does anyone on the Council have any questions? Anyone from the audience want 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 approve Final Plans for the Barton Street, 66th Terrace to 67th Street Improvement Project, P.N. 3428, and authorize staff to bid the project.
The motion carried 8-0.]

9. CONSIDER CONTRACT NO. 2017-0078, AN ENGINEERING SERVICES SUPPLEMENTAL AGREEMENT FOR THE CLEAR CREEK PARKWAY PROJECT, CLARE ROAD TO K-7 HIGHWAY, P.N. 3413.

MAYOR DISTLER: Item Number 9 is to Consider Contract No. 2017-0078, an Engineering Services Supplemental Agreement for the Clear Creek Parkway Project, Clare Road to K-7 Highway, P.N. 3413. The Governing Body awarded the contract to Shafer, Kline and Warren to provide engineering services for the project. The supplemental agreement includes the costs to continue with full-time inspections through project completion and additional engineering in the amount of $120,500. The recommended action is to approve and authorize the Mayor to sign the agreement.

Does anyone on the Council have any questions? Anyone from the audience that would want 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 authorize the Mayor to sign Contract No. 2017-0078, an Engineering Services Supplemental Agreement with Shafer, Kline and Warren for the Clear Creek Parkway Project, Clare Road to K-7 Highway, P.N. 3413, in the amount of $120,500. The motion carried 8-0.]

J. MISCELLANEOUS ITEMS

1. RATIFY SEMI-MONTHLY CLAIM FOR JUNE 26, 2017, IN THE AMOUNT OF $3,656,460.77.

MAYOR DISTLER: Miscellaneous Items. Item Number 1 is to Ratify the Semi-Monthly Claim for June 26, 2017, in the amount of $3,656,460.77.

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

COUNCILMEMBER SANDIFER: Motion to approve.

COUNCILMEMBER MEYER: Second.

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

COUNCILMEMBERS: Aye.

MAYOR DISTLER: Opposed nay. Motion passes.
[Therefore, the motion was made by Councilmember Sandifer and seconded by Councilmember Meyer to ratify the Semi-Monthly Claim for June 26, 2017, in the amount of $3,656,460.77. The motion carried 8-0.]

2. MISCELLANEOUS COUNCIL ITEMS.

MAYOR DISTLER: Miscellaneous Council Items. Does anyone on the Council have an item? Mr. Jenkins.

COUNCILMEMBER JENKINS: Just a curiosity item. Would we have any kind of use for that building which we’re -- we just bought tonight as far as being able to use it for perhaps the Fire Department could use it as a training tool or something like that for staff? Is there some way we could get some kind of use out of that at all?

CITY MANAGER GONZALES: If time allows I can guarantee you they will ask and use it. So absolutely. They try to use any kind of building that we have.

COUNCILMEMBER JENKINS: Great.

CITY MANAGER GONZALES: It just depends on the time frame.

COUNCILMEMBER JENKINS: Good. Thank you.

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

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: Okay. 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

MAYOR DISTLER: 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. At the conclusion of the Executive Session, the meeting will resume in the City Council Chambers.

Do I have a motion?

COUNCILMEMBER VAUGHT: Motion to

COUNCILMEMBER SANDIFER: Did you add five minutes for [inaudible]?

MAYOR DISTLER: I did.

COUNCILMEMBER MEYER: I already did. Comfort break included.

COUNCILMEMBER VAUGHT: Motion -- motion -- motion -- motion. Motion to recess to Executive Session.

COUNCILMEMBER NEIGHBOR: Second.

COUNCILMEMBER PFLUMM: We’re going to take five minutes.

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

COUNCILMEMBERS: Aye.

MAYOR DISTLER: Oppose nay.
[Therefore, the motion was made by Councilmember Vaught and seconded by Councilmember Neighbor to recess into 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.]
(The Governing Body was in Executive Session from 8:08 p.m. to 8:32 p.m.)

b) Conclude Executive Session.

MAYOR DISTLER: The next action is to conclude the Executive Session. Do I have 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 conclude the Executive Session. The motion carried 8-0.]

c) Reconvene Meeting.

COUNCILMEMBER PFLUMM: Motion to adjourn.

MAYOR DISTLER: The next action is to reconvene the meeting.

COUNCILMEMBER VAUGHT: Motion to reconvene.

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

K. ADJOURNMENT

COUNCILMEMBER VAUGHT: Motion to adjourn.

COUNCILMEMBER MEYER: Second.

COUNCILMEMBER PFLUMM: Oh, she didn’t ask for that motion yet.

MAYOR DISTLER: Everyone 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 adjourn. The motion carried 8-0.]
(Shawnee City Council Meeting Adjourned at 8:33 p.m.)

CERTIFICATE

I certify that the foregoing is a correct transcript from the electronic sound recording of the proceedings in the above-entitled matter.

/das July 5, 2017

Deborah A. Sweeney, Recording Secretary

APPROVED BY

_______________________

Stephen Powell, City Clerk









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