PDF Format:

CC07242017.pdfCC07242017.pdf

CITY OF SHAWNEE
CITY COUNCIL MEETING
MINUTES
July 24, 2017
7:00 P.M.

Michelle Distler – Mayor

Councilmembers Present Staff Present
Councilmember PflummCity Manager Gonzales
Councilmember NeighborDeputy City Manager Charlesworth
Councilmember JenkinsAssistant City Manager Sunderman
Councilmember KemmlingDeputy City Clerk Zaldivar
Councilmember VaughtCity Attorney Rainey
Councilmember MeyerParks and Recreation Director Holman
Councilmember SandiferIT Director Bunting
Dir. Development Services Wesselschmidt
Councilmembers AbsentFinance Director Rogers
Councilmember KenigFire Chief Mattox
Fire Captain Epperson
Police Chief Moser
Communications Manager Breithaupt
Police Captain Brim
(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’d 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: And Councilmember Kenig will be absent tonight. Thank you.

B. PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE

MAYOR DISTLER: Please stand and join us in the Pledge of Allegiance followed by a moment of silence.

(Pledge of Allegiance and Moment of Silence)

MAYOR DISTLER: Thank you. At this time, I'd like to explain our procedures for public input. During the meeting I will offer the opportunity for public input. If you would like to speak to the Council at any of those times, please come forward to the microphone. I will ask you to state your name and address for the record, then you may offer your comments. So that members of the audience can hear your comments, I would ask that you speak directly into the microphone. By policy, comments are limited to five minutes and no person may speak more than twice to any one agenda item. After you are finished, please sign the form on the podium to ensure we have an accurate record of your name and address.

In addition, while we won't do a roll call vote on every vote, I will state Councilmembers’ names who vote in minority so that our listening audience will have a clear and accurate record of the vote.

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

Seeing none, I will accept a motion.

COUNCILMEMBER SANDIFER: Move 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 7-0.]

D. MAYOR'S ITEMS

MAYOR DISTLER: The next item on the agenda is Mayor’s Items. I don’t have anything tonight except for to thank our Public Works and Fire and Police once again for getting us through a major storm. I know there were like 90-minute wait times, 911 dispatch, and it was a crazy night for everybody. And again, another reason why the CERT team is so important, so that as people can take care of themselves, less demand on our resources while they’re busy taking care of house fires and the big emergencies.

E. APPOINTMENTS

1. CONSIDER APPOINTMENTS TO THE PLANNING COMMISSION.

MAYOR DISTLER: So, the next item is appointments. Item Number 1 to 5 were tabled from the June 26 City Council meeting in order to advertise the vacancies and solicit interest from members of the public. An ad was placed in The Shawnee Dispatch and information was posted on the City's website and social media platforms. Many applicants and letters of interest were received and I want to thank everyone who responded. It was gratifying to know that we have that many people interested in volunteering their time to the City. And for Boards where we have had actual vacancies I asked each one to complete a questionnaire. I reviewed each questionnaire that was returned and my recommendations for appointments are what is to be placed on tonight’s agenda for that action.

And with that being said, I’d like to point out, so these are all of the résumés that I received for the positions posted. And thank you very much to Noland and Elizabeth and Vicki for putting this all together to make it as efficient as can possibly be. When, I hope, the Council comes together next month to discuss the process of doing this, I hope they keep in mind that me receiving this many, because I know we wanted to advertise it for a long time to give plenty of people time to respond. But for me to receive this many, and I got them all late Friday. And as quickly as possible I turned around after trying to come up with some questions that I needed answers for that I did not see in cover letters and résumés and turn that right around as quickly as possible and e-mailed all of these people, and unfortunately had to give them a turnaround time to have them back to me by Monday at 3 o’clock, so then I could have my recommendations to put in the packet by Wednesday so that it could go out Thursday. And unfortunately with that it did not leave me, I mean, so I had the time to review all the résumés, to review all the questions, but it did not give ample opportunity for me to actually get the opportunity to meet these people that I am appointing tonight, which I would like to do to make sure that there is, you know, good personality fit and that type of thing. And I don’t believe anyone on the Council sitting here would ever hire someone for a position with that kind of turnaround. And so I am thankful to everyone who got their answers back to my questions so quickly. I hated imposing that on the candidates. But it is what it is and so here we are tonight and ready to do the appointments. But I just hope the Council keeps that in mind when they discuss what the process is going to be going forward because this was not fair to any candidate that applied. So, here we go.

So, Item Number 1 is to Consider Appointments to the Planning Commission. Oh, and I also wanted to add. For your own appointments as Governing Body, so, you know, these are my appointments. And then what you get to do as a Governing Body member is if you don’t agree with it you get to vote against that person. So, that being said with your own appointments, if there is someone who has been serving for a long time and for whatever reason you don’t want them to serve any longer because you want to appoint someone new, it will be your responsibility to explain to that person why you no longer want them to serve. That is not the Mayor’s responsibility and that is not the City Manager’s responsibility. So, if that is a decision you make, that is a conversation you will have.

(a) Appoint Brian Roth to the Planning Commission with a term expiring on June 30, 2020.

So, 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 John Montgomery with terms expiring on June 30, 2020.

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

COUNCILMEMBER JENKINS: Not so much a question, but when you look at the résumés on these two gentlemen that they are pretty strong. They have a lot of background and they obviously have the knowledge skills and abilities that we would be looking for in those kinds of positions. So, I thought that was a -- we were fortunate to get those kind of résumés in.

MAYOR DISTLER: Absolutely. Mr. Pflumm.

COUNCILMEMBER PFLUMM: I just want to throw out a comment too. I mean I think it’s great that we had a lot of individuals that responded. Anytime we get that kind of people that want to volunteer I think it’s great. So, that’s my comment.

MAYOR DISTLER: Absolutely. It is absolutely great. But we need to allow them more time than three days to respond to questions and you need to allow the Mayor time to meet these individuals before she chooses her appointment.

COUNCILMEMBER PFLUMM: I do got to throw out one comment being as you keep bringing that up. But it seems like for the last year, year and a half we’ve been asking to advertise those positions. So, it’s a little unfair to throw it on the Council because we’ve asked to do that. And then this time it happened and that was great. And I think that book is awesome.

MAYOR DISTLER: Yes, it is. Mr. Neighbor.

COUNCILMEMBER NEIGHBOR: Yeah. I think everybody’s points are well-taken here. And again, I read the résumés and things. But I would implore the Governing Body to take these things, think about it, and when we talk about it on the Committee meeting on the 8th, I believe it is, we should be able to have a real good discussion and come up with what I would hope would be a plan that will serve us and the citizens of Shawnee better going forward.

MAYOR DISTLER: Absolutely. Any other comments from the Council? Anyone from the audience that would like to speak to this item? If there is none, I will accept a motion for Brian Roth’s appointment.

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. Mr. Roth, are you here tonight? Could you please stand up so everyone can meet you? And thank you so much for volunteering to serve.
[Therefore, the motion was made by Councilmember Vaught and seconded by Councilmember Sandifer to appoint Brian Roth to the Planning Commission with a term expiring on June 30, 2020. The motion carried 8-0.]

(b) Appoint John Montgomery to the Planning Commission with a term expiring on June 30, 2020.

MAYOR DISTLER: Next, I will accept a motion for John Montgomery's appointment.

COUNCILMEMBER MEYER: 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. Mr. Montgomery, are you here? Thank you so much for your willingness to serve.

(Applause)
[Therefore, the motion was made by Councilmember Meyer and seconded by Councilmember Vaught to appoint John Montgomery to the Planning Commission with a term expiring on June 30, 2020. The motion carried 7-0.]

2. CONSIDER REAPPOINTMENTS TO THE PLANNING COMMISSION.

MAYOR DISTLER: Item Number 2 is to Consider Reappointments to the Planning Commission. I am recommending the reappointment of Randy Braley and Alan Willoughby with terms expiring on June 30, 2020.

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

COUNCILMEMBER JENKINS: Not so much a question as once again comments. We’re reappointing two folks here. And I was kind of -- I have to say I’m disappointed that one person that applied for the Planning Commission didn’t make the cut. And I’m referring to Brandon Bezner. I was really surprised with this guy. He took a lot of time out of his day and he seemed to be a fairly busy guy. He spent two hours with me in the coffee shop across the street. I know he contacted a number of other Councilmen as well and sat down with them and talked about his background and his vision and what he saw for the community and so on. And I was really impressed. I mean we even got into things like he was willing to meet once a month to look at the development of downtown Shawnee and ideas. He had some pretty interesting ideas

MAYOR DISTLER: Uh-huh.

COUNCILMEMBER JENKINS: -- for developing downtown Shawnee and stuff. A bright guy in the business, in that business. He understands what TIFs are, CIDs, he knew all that stuff. I thought, wow, what a powerful candidate for the Planning Commission and he isn’t here. And when I look at the two names that we’re getting ready to address now, I’m thinking, you know, Randy Braley has a very strong background and skills that we’re talking about for the Planning Commission that fit. It’s a very nice fit. I’m not quite as crazy about Alan Willoughby’s credentials in this particular position. And this isn’t a slam against Alan. Alan has been a stalwart of this community and in many clubs, organizations, Planning Commission, City Council. He’s done a lot of stuff for this community, so this is certainly not saying he’s a bad guy or anything. But I’d sure like to get -- where am I going to put this guy? I’d really like to get Brandon in here and how can we do that unless we make some adjustments in the people that are currently appointed. So, I would -- I’m throwing that out for consideration. And now I think I’m going to try to create a vacancy tonight if I can because I feel that strongly about bringing this gentleman on board.

COUNCILMEMBER SANDIFER: Michelle.

MAYOR DISTLER: Mr. Sandifer.

COUNCILMEMBER SANDIFER: And I’m not lecturing.

COUNCILMEMBER JENKINS: Good.

COUNCILMEMBER SANDIFER: But on the Planning Commission, I was on it. And one thing that was kind of known is that the Planning Commission does not deal with any of the financial side of the projects. The TIFs, CIDs or anything like that has nothing to do with the Planning Commission. That has to do with the Council. So, the knowledge of that is all well and good, but that particular knowledge wouldn’t do him any particular good in the Planning Commission area. So, I just want that stated also.

COUNCILMEMBER JENKINS: I guess we could respectfully disagree on that.

COUNCILMEMBER SANDIFER: And you can do that. But I wanted to state that.

MAYOR DISTLER: Any other comments from the Council? Mr. Kemmling.

COUNCILMEMBER KEMMLING: I might just real quickly add that I was also impressed by Mr. Bezner. I spent about 30 minutes with him on the phone and I had seen his name previously on the packet before, but didn’t have the opportunity to interact with him until about a week or so ago. And so I was -- I kind of shared a little bit of a similar sentiment to Mr. Jenkins here that I was -- I also felt like he could have a spot here and just question whether these are the four best possibilities to go on the Planning Commission.

MAYOR DISTLER: Any other comments from the Council? Anyone from the audience that would like to speak to this item? Please come forward.

Public Comment:

MR. ERLICHMAN: Ray Erlichman (Address Omitted). [Inaudible; talking off mic] does that mean that this overhead is not working too? Okay. I have three items here that I’d like to discuss with regards to the reappointment of Mr. Willoughby. The first thing I’ll say before I get into the three of them is I personally as an individual citizen of this community would be against his appointment. But I’m going to try and make it as short and sweet and to the point. I’m going to start off when he was originally appointed to fill a spot on the City Council. His appointment resulted in a KOMA investigation by the District Attorney of Johnson County. A copy of Mr. Howe, the District Attorney’s letter of rebuke to the Council is here if anybody wants to read it. I’m not going to go through every point on it. I’m just going to go to the last page. K.S.A. 75-4317, KOMA was enacted to prohibit the backroom deals that were going on in Shawnee. I think those of us that have been around and involved in city government in some manner, shape or form remember what happened back then. That’s number one.

As a result of that I had suggested that maybe Mr. Willoughby should have resigned his position and waited till the election and run, which he did not do. He kept his position and then he did run. And in March of 2013, Mr. Roberts, Rob Roberts was a reporter for the Shawnee Dispatch. And you had an article about a letter that Mr. Willoughby had obtained from Frank Goode as a letter of endorsement. Basically Mr. Goode wound up withdrawing that letter because in his words, “Goode said he had just returned from a medical procedure when he was presented with the letter, and I think I might have been a little dopey.” In other words, he was not of full mental capacity. Eighty-three years old, had just gone through some medical procedures, and Mr. Willoughby approached him along with his campaign manager Mr. Busby, who according to the information in the article is the one that actually drafted the letter. Then Mr. Goode said, no, the letter was not valid.

Last, but not least was the way that Mr. Willoughby was placed on the Planning Commission at this last instance. As a result of some of these things that had happened previously, the Council voted 4-4 as a tie. In other words, four members were in favor of him being appointed to the Commissioner, four members were against it. This was to fill the position vacated by Ms. Meyer, who had been appointed to the Council to fill the spot vacated by the resignation of Ms. Dawn Kuhn. There may be some people here in the audience that might be getting a history lesson right now, I do not know. But I’ve got all the information if anybody wants it. It was a 4-4 tie. How was the tie broken? The tie was broken by the mayor at the time voting to appoint him to the Commission. The mayor being his uncle by marriage. I think with some of these things that have transpired in the past, yes, he has served on some various other committees, citizen involvement and everything else. I think we should thank him for his service on the Planning Commission, thank him for some of his service in other areas, but I don’t think he should be considered for reappointment to the Planning Commission. Those are my comments. Thank you very much members of the Council.

MAYOR DISTLER: Thank you. Anyone else from the audience that would like to speak to this item? Seeing none.

(a) Reappoint Randy Braley to the Planning Commission with a term expiring on June 30, 2020.

MAYOR DISTLER: I will accept a motion for Randy Braley’s reappointment.

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 reappoint Randy Braley to the Planning Commission with a term expiring on June 30, 2020. The motion carried 8-0.]

(b) Reappoint Alan Willoughby to the Planning Commission with a term expiring on June 30, 2020.

MAYOR DISTLER: Next, I will accept a motion for Alan Willoughby's reappointment.

COUNCILMEMBER SANDIFER: Motion to approve.

COUNCILMEMBER NEIGHBOR: Second.

MAYOR DISTLER: A motion has been made and seconded on this item. We’ll do a roll call vote. Mr. Neighbor.

COUNCILMEMBER NEIGHBOR: Aye.

MAYOR DISTLER: Mr. Pflumm?

COUNCILMEMBER PFLUMM: Could we start from the other side? We always start on this side.

COUNCILMEMBER MEYER: You’re in it.

COUNCILMEMBER SANDIFER: You’re in it.

COUNCILMEMBER NEIGHBOR: Make up your mind.

COUNCILMEMBER SANDIFER: It’s already started.

COUNCILMEMBER PFLUMM: Considering all the controversy I’ll go with no and considering the other very, very qualified candidates.

MAYOR DISTLER: Mr. Jenkins?

COUNCILMEMBER JENKINS: No.

MAYOR DISTLER: Mr. Kemmling.

COUNCILMEMBER KEMMLING: Nay.

MAYOR DISTLER: Mr. Vaught.

COUNCILMEMBER VAUGHT: Yes.

MAYOR DISTLER: Ms. Meyer.

COUNCILMEMBER MEYER: I will say yes with a caveat that I believe we should defer to the Mayor on mayoral appointments.

MAYOR DISTLER: Mr. Sandifer.

COUNCILMEMBER SANDIFER: Yes.

MAYOR DISTLER: The motion passes. Is Mr. Braley or Mr. Willoughby here tonight? Oh, thank you very much for your service.
[Therefore, the motion was made by Councilmember Sandifer and seconded by Councilmember Neighbor to reappoint Alan Willoughby to the Planning Commission with a term expiring on June 30, 2020. The motion carried 4-3 with Councilmembers Pflumm, Jenkins and Kemmling voting no.]

3. CONSIDER REAPPOINTMENTS TO THE BOARD OF ZONING APPEALS.

(a) Reappoint Mark Fabac to the Board of Zoning Appeals with a term expiring on June 30, 2020.

MAYOR DISTLER: Reappointments to the Board of Zoning Appeals. I am recommending the reappointment of Mark Fabac and Bob Waters with terms expiring on June 30, 2020.

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

Seeing none, I will accept a motion for Mark Fabac's reappointment.

COUNCILMEMBER VAUGHT: Move for approval.

COUNCILMEMBER PFLUMM: Second.

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

COUNCILMEMBERS: Aye.

MAYOR DISTLER: Opposed nay. Motion passes. Was that, Mr. Jenkins, did you vote in dissent?

COUNCILMEMBER JENKINS: No.

MAYOR DISTLER: Oh, I’m sorry. I thought maybe you said nay.
[Therefore, the motion was made by Councilmember Vaught and seconded by Councilmember Pflumm to reappoint Mark Fabac to the Board of Zoning Appeals with a term expiring on June 30, 2020. The motion carried 7-0.]

(b) Reappoint Bob Waters to the Board of Zoning Appeals with a term expiring on June 30, 2020.

MAYOR DISTLER: Next, I’ll accept a motion for Bob Waters’ reappointment.

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. And are either of you here tonight? Okay.
[Therefore, the motion was made by Councilmember Sandifer and seconded by Councilmember Neighbor to reappoint Bob Waters to the Board of Zoning Appeals with a term expiring on June 30, 2020. The motion carried 7-0.]

4. CONSIDER REAPPOINTMENTS TO THE COMMUNITY CORRECTIONS ADVISORY BOARD.

(a) Reappoint Anne Lightcap to the Community Corrections Advisory Board with a term expiring on August 10, 2019.

MAYOR DISTLER: Item Number 4 is to Consider Reappointment to the Community Corrections Advisory Board. I am recommending the reappointment of Anne Lightcap with a term expiring on August 10, 2019.

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

COUNCILMEMBER JENKINS: Yeah. Not a concern, but an actual question. What are the actual duties of this person? I was a little confused when I was reading it. Because I mean I know what the program is, but what does our representative to that do?

CITY MANAGER GONZALES: They serve as a representative of Shawnee and of Johnson County on an advisory board that guides the jail and the operations for the community corrections.

COUNCILMEMBER JENKINS: Right. I understand that because I mean that’s basically what it says. That’s the short version. I mean is there -- what kind of participation might you expect from this person?

CITY MANAGER GONZALES: I believe most of it is just attending the monthly meetings.

COUNCILMEMBER JENKINS: Okay. Thank you.

MAYOR DISTLER: Is there 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 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. Is Ann here tonight?
[Therefore, the motion was made by Councilmember Sandifer and seconded by Councilmember Vaught to reappoint Anne Lightcap to the Community Corrections Advisory Board with a term expiring on August 10, 2019. The motion carried 7-0.]

5. CONSIDER APPOINTMENT TO THE VISIT SHAWNEE ADVISORY COMMITTEE.

(a) Appoint Cary Danielson Pandzik to the Visit Shawnee Advisory Committee with a term expiring on January 31, 2018.

MAYOR DISTLER: Item Number 5 is to Consider Appointment to the Visit Shawnee Advisory Committee. The Visit Shawnee Advisory Committee has a vacancy due to Larry Newport resigning. I am recommending the appointment of Cary Danielson Pandzik to fill the unexpired term of January 31, 2018.

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 to approve.

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. And are you here tonight, Cary? No. Okay.
[Therefore, the motion was made by Councilmember Sandifer and seconded by Councilmember Vaught to appoint Cary Danielson Pandzik to the Visit Shawnee Advisory Committee with a term expiring on January 31, 2018. The motion carried 7-0.]

6. CONSIDER APPOINTMENT TO THE CODE BOARD OF APPEALS.

(a) Appoint Mark Jeffers to the Code Board of Appeals with a term expiring on May 1, 2022.

MAYOR DISTLER: Item Number 6 is to Consider Appointment to the Code Board of Appeals. The Code Board of Appeals has one vacancy due to the resignation of Horace Hartley. I am recommending the appointment of Mark Jeffers with a term expiring on May 1, 2020.

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. Item Number 7 is to Consider Reappointments to the Code Board of Appeals.

MR. RAINEY: He is present.

MAYOR DISTLER: Oh, I’m sorry.

MR. JEFFERS: Good evening.

MAYOR DISTLER: Good evening. And it’s very nice to meet you. Thank you for coming. And thank you for volunteering to serve on the board.

MR. JEFFERS: Thank you very much.

MAYOR DISTLER: I am so sorry.

MR. JEFFERS: I saw Ellis [inaudible; talking off mic].

MAYOR DISTLER: Yeah. Well, so many people haven’t been here, I just kind of -- I’m sorry.
[Therefore, the motion was made by Councilmember Pflumm and seconded by Councilmember Neighbor to appoint Mark Jeffers to the Code Board of Appeals with a term expiring on May 1, 2022. The motion carried 7-0.]

7. CONSIDER REAPPOINTMENTS TO THE CODE BOARD OF APPEALS.

(a) Reappoint Sue Brouhard to the Code Board of Appeals with a term expiring on May 1, 2022.

MAYOR DISTLER: Item Number 7 is to Consider Reappointments to the Code Board of Appeals. I am recommending the reappointment of Sue Brouhard and Jeff LaCombe to the Code Board of Appeals with terms expiring on May 1, 2022.

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 on Sue Brouhard’s reappointment.

COUNCILMEMBER SANDIFER: 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 reappoint Sue Brouhard to the Code Board of Appeals with a term expiring on May 1, 2022. The motion carried 7-0.]

(b) Reappoint Jeff LaCombe to the Code Board of Appeals with a term expiring on May 1, 2022.

MAYOR DISTLER: Next, I will accept a motion on Jeff LaCombe's reappointment.

COUNCILMEMBER PFLUMM: So moved.

MAYOR DISTLER: Do I have a second?

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 reappoint Jeff LaCombe to the Code Board of Appeals with a term expiring on May 1, 2022. The motion carried 7-0.]

MAYOR DISTLER: Are either Sue or Jeff here? Okay.

I just want to again thank each of the individuals who were just appointed and reappointed for giving their time to the City. All of these boards and commissions play a very important role in our community and we couldn’t accomplish what we do without individuals who are willing to step up. So, thank you again so much and you deserve a round of applause because you’re giving your time to the City. Thank you.

F. BUSINESS FROM THE FLOOR

MAYOR DISTLER: The next item is Business from the Floor. Is there anyone who has comments on an issue not on tonight's agenda? Please come forward. And if you could state your name and address for the record, please.

Public Comment:

MR. HURLA: Certainly. [Inaudible; talking off mic]. So I might have a little bit of [inaudible] (Address Omitted). Does each member of the Governing Body have a copy of the handout?

MAYOR DISTLER: Uh-huh.

MR. HURLA: Okay. So, I need to start with something I added just recently with a news release just over the weekend, July 21st, 2017, 41 Action News. Wards are people who are mentally or physically unable to take care of themselves. So, it’s not a concern for each and every citizen obviously to figure out what to do with someone who is mentally incapacitated or physically. But to me the public perception, and I don’t know who could disagree if they aren’t so informed of using the same term for the City Council geographical areas. And so my concern is, if you turn the page with me here, a word like district has the same meanings which would apply to the governance. For instance, a division of territory marked off for administrative, electoral or other purposes, a region or locality, to divide into districts. They’re very simple terms and it’s a very simple image, city council district versus city council ward. I know this is a term used county-wide for the municipalities and I don’t know if it’s something that can be changed by the Shawnee City Council. But again, look at these ward definitions. A person who by reason of incapacity such as minority or mental illness is under the protection of a court, either directly or -- any of the separate divisions of a prison. That’s not the public city limits of Shawnee.

And my second issue, and this is something I would like to get involved with the Board of Parks and Recreation, is the only sea creature with an image at -- not Splash Cove, Soetaert public pool is a shark. And it’s right there and it’s, you know, it’s the only one. But again, with our imagery here, the meaning for the verb shark, to practice fraud or trickery. I understand the justification is the Shark swim team, it’s a team mascot. I totally support that. I don’t want to take that away. But if we could get a local artist with a bid who I could draft a contract for to make like an image like if you see the starfish, or if you turn to the last page, North American -- excuse me, are you getting me here in the microphone?

MAYOR DISTLER: Yeah. Yeah.

MR. HURLA: Okay. Thank you. You know, dolphins have an association with friendship, which, you know, if you are so informed, I think you might like seeing images of dolphins at the public pool. And, you know, you can hug a dolphin and you can flip a dolphin on its back and tickle its belly. So, you know, these images if there was a local artist who was so inclined and we had the right bid, I would like to support that and make that happen if I could possibly talk to somebody after this to try to propose that here for the time that the pool would be closed.

So, those are -- that’s all. And is that -- can I go sit down now?

MAYOR DISTLER: Yes.

COUNCILMEMBER JENKINS: Wait, wait. Don’t go yet. I’ve got a question for you.

COUNCILMEMBER MEYER: I’ve got a question too.

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

COUNCILMEMBER JENKINS: Yeah. I’m just trying to figure out what it is you’re proposing. I mean you

MR. HURLA: There’s two

COUNCILMEMBER JENKINS: You gave us these definitions of ward and then you talked about dolphins and starfish and stuff. But are you approaching us to change the name of the Shawnee Sharks swim team to some other

MR. HURLA: No, sir.

COUNCILMEMBER JENKINS: -- the dolphins or something? And on the ward you’re asking us to create something -- a different terminology besides ward like district or area or something. I’m not sure what you’re asking.

MR. HURLA: Is that Dustin’s dad?

COUNCILMEMBER JENKINS: Pardon me?

MR. HURLA: Is that Dustin’s dad there?

COUNCILMEMBER PFLUMM: Yeah.

MR. HURLA: Good to see you.

COUNCILMEMBER PFLUMM: Yeah. How you doing?

MR. HURLA: Yeah. Good. Yeah. Mr. Jenkins

COUNCILMEMBER SANDIFER: They look the same don’t they?

MR. HURLA: Yeah. So, for the City Council geographical areas that each of you represent, I understand there’s two per geographical area, changing that term from ward to district is something I am proposing. I understand it’s not my place to file anything. I’m proposing that for those who might be so concerned. You can reasonably change it from City Council Ward I, II, III, and IV to City Council District I, II, III and IV is one.

And then for the public pool, Mr. Jenkins, would be to simply add images of more sea creatures besides just the sharks.

COUNCILMEMBER JENKINS: Just adding more images?

MR. HURLA: Yeah. Like paintings, pictures, yes, sir.

COUNCILMEMBER JENKINS: Okay. I think I understand where you’re coming from now. I just wanted to make sure I understood what you were asking us to do.

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

COUNCILMEMBER MEYER: Yeah. Thank you for coming up and speaking. I appreciate it. Question, the ward conversation. I believe ward is a definition that’s set in state statute, is that correct? So not something that we could necessarily change.

MR. RAINEY: I’m actually thumbing through it to try and find the statute.

COUNCILMEMBER MEYER: All right. Yeah. I had the same question.

MR. RAINEY: That’s my recollection.

COUNCILMEMBER MEYER: Yeah.

MR. RAINEY: I didn’t -- I can’t find a copy of the statute so far, but I believe it’s a term that we pick up from state law. And it may have gone all the way back to -- Noland may even know from our recent election transition discussions. It may go all the way back to charter or the vote, the public vote on the form of government that we took that the voters approved. And I just didn’t bring that pile of stuff with me.

COUNCILMEMBER MEYER: If you could carry the constitution with you at all times, that would be great. No, that’s fine.

MR. RAINEY: No.

COUNCILMEMBER MEYER: That’s fine. Thank you.

COUNCILMEMBER PFLUMM: But if you could research that.

COUNCILMEMBER MEYER: Yeah.

COUNCILMEMBER PFLUMM: Or whatever, that would be great.

MAYOR DISTLER: Mr. Sandifer.

COUNCILMEMBER SANDIFER: I was going to ask the same question, which we’ll find out. And I also looked up another meaning for ward. It says ward, another meaning is a watchman or guard. So, I guess you can get whatever interpretation you want if you look it up differently.

MR. HURLA: Right. And I don’t disagree with you. And I understand when I was looking at it there was over 17 definitions of the word “ward.”

COUNCILMEMBER SANDIFER: Right.

MR. HURLA: District is a much more simple term. And so if there was a way to make the change that is what I’m suggesting if it -- I’m uninformed as to how you could do it which is why I’m here. But district only has five definitions you can look at depending on your dictionary, maybe even less. So, it’s much more simple and every definition applies to governance.

COUNCILMEMBER JENKINS: Yeah. But you may run into some problems with the fact that districts are also legislative districts.

MAYOR DISTLER: Mr. Jenkins speaking.

COUNCILMEMBER JENKINS: So, you’ve got state legislatures running in districts, then you’ve got the City that’s broken down into wards and then you break down into precincts. So, that could cause some pretty significant confusion when you’re districts, which district are we talking about. And I’m sure that’s why there is a different name for wards and districts. Maybe you could call the ward something else, I don’t know.

MR. HURLA: So, would there be someone I could talk to about that, to make a proposal?

MAYOR DISTLER: Well, we’ll look at and see what

MR. HURLA: Okay.

MAYOR DISTLER: -- yeah, what we can do. And if you leave your name and address and contact information there for the record we can send you an e-mail or call you or

MR. HURLA: Is there a City Councilmember I could talk with about drafting a bid and proposal for a local artist to do that over the winter for the public pool?

MAYOR DISTLER: Well, that wouldn’t be a City Council person.

MR. HURLA: What about with the Board of Parks and Recreation?

COUNCILMEMBER JENKINS: That may be a good place to start.

COUNCILMEMBER PFLUMM: Yeah. I mean that

CITY MANAGER GONZALES: We’ll be in touch with you.

MR. HURLA: Okay.

CITY MANAGER GONZALES: We’ll give you a call.

MAYOR DISTLER: Thank you.

MR. HURLA: Thank you.

MAYOR DISTLER: Is there any -- yes.

MR. ERLICHMAN: [Inaudible; talking off mic] K.S.A. 14-103.

MR. RAINEY: It is state statutory then. That’s where

MR. ERLICHMAN: Division of city into wards, elections in terms of councilmembers, the city and council shall divide the city into wards.

MR. RAINEY: It’s in our Charter Ordinance Section 2, and I assume we picked up the word from somewhere along the way.

MAYOR DISTLER: Thank you.

MR. ERLICHMAN: §14-103.

MAYOR DISTLER: Is there any other comments on an issue that is not on tonight’s agenda? Seeing none.

G. PUBLIC ITEMS

1. CONSIDER CONTRACT NO. 2017-0090 WITH AUSTIN PROPERTIES, LLC FOR THE ACQUISITION OF PROPERTY LOCATED AT 53rd STREET AND WOODSONIA DRIVE FOR THE NEW FIRE STATION NO. 74.

MAYOR DISTLER: The next item on the Agenda is Public Items. Item Number 1 is to Consider Contract No. 2017-0090 with Austin Properties, LLC for the Acquisition of Property Located at 53rd Street and Woodsonia Drive for the New Fire Station No. 74.

In July of 2016, the Governing Body approved constructing and staffing a new fire station in western Shawnee. The Fire and Information Technology Departments evaluated sites and determined the location at 53rd Street and Woodsonia Drive would have the greatest impact in reducing response times both now and into the future. Staff negotiated the purchase of 1.66 acres located at the southwest corner of 53rd Street and Woodsonia Drive in an amount of $150,000.

The recommended action is to approve and authorize the Mayor to sign the contract. I will accept a motion.

COUNCILMEMBER VAUGHT: 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 Vaught and seconded by Councilmember Neighbor to approve Contract No. 2017-0090 with Austin Properties, LLC for the acquisition of 1.66 acres located at the southwest corner of 53rd Street and Woodsonia Drive for a purchase price of $150,000 for the new Fire Station No. 74.
The motion carried 7-0.]

2. CONSIDER CONTRACT NO. 2017-0091 WITH M & G REAL ESTATE HOLDINGS, LLC FOR A SHAWNEE ENTREPRENEURIAL AND ECONOMIC DEVELOPMENT (SEED) LOAN FEE REPAYMENT PROGRAM FOR METRO AIR CONDITIONING.

MAYOR DISTLER: Item Number 2 is to Consider Contract No. 2017-0091 with M & G Real Estate Holdings, LLC for a Shawnee Entrepreneurial and Economic Development (SEED) Loan Fee Repayment Program for Metro Air Conditioning. Policy Statement (PS-65), Economic Development Fund, established the Loan Fee Repayment Program. M & G Real Estate Holdings, LLC has formally requested consideration for the program for Metro Air Conditioning to be located at 8151 McCoy Street.

The recommended action is to approve and authorize the Mayor to sign the contract authorizing payment of a sum not to exceed $50,000 of qualifying loan fees upon final receipt of verification of program qualifications by the Finance Director.

Greg Mealy, President of Metro Air Conditioning is here tonight, as is Elli Bowen with the Shawnee Economic Development Council if the Council has any questions. Any questions from the Council? Okay.

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

MAYOR DISTLER: Opposed nay.

COUNCILMEMBER KEMMLING: Nay.

MAYOR DISTLER: Motion passes, Mr. Kemmling voting in dissent. Mr. Mealy, thank you for bringing your business to Shawnee. We greatly appreciate it.
[Therefore, the motion was made by Councilmember Pflumm and seconded by Councilmember Neighbor to approve the Loan Fee Repayment Program Application for M & G Real Estate Holdings, LLC for Metro Air Conditioning and authorizing payment of a sum not to exceed $50,000 of qualifying loan fees upon final receipt of verification of program qualifications by the Finance Director. The motion carried 7-1 with Councilmember Kemmling voting no.]

H. STAFF ITEMS

1. CONSIDER BIDS AND AWARD CONTRACT NO. 2017-0092 FOR THE 55TH STREET QUIET ZONE ALTERNATE ACCESS PROJECT, P.N. 3435, THE STUMP PARK TRAIL STREAMBANK STABILIZATION PROJECT, P.N. 3417, AND THE COMMUNITY CENTER GRADING PLAN PROJECT, P.N. 3422.


MAYOR DISTLER: The next item on the Agenda is Staff Items. Item Number 1 is to Consider Bids and Award Contract No. 2017-0092 for the 55th Street Quiet Zone Alternate Access Project, P.N. 3435, the Stump Park Trail Streambank Stabilization Project, P.N. 3417, and the Community Center Grading Plan Project, P.N. 3422. Final plans were approved by the Governing Body on May 8, 201. Bids were received from eight contractors. Staff recommends awarding the contract, Base Bid and Add Alternate to Miles Excavating, Inc. in the amount of $394,918.02.

The recommended action is to approve and authorize the Mayor to sign the contract. I will accept a motion.

COUNCILMEMBER VAUGHT: Move for approval.

COUNCILMEMBER MEYER: Second.

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

COUNCILMEMBERS: Aye.

MAYOR DISTLER: Opposed nay.

COUNCILMEMBER JENKINS: No discussion on that one.

COUNCILMEMBER PFLUMM: I actually had a question, but that’s all right.

MAYOR DISTLER: Oh, I’m sorry.

COUNCILMEMBER JENKINS: You just went right straight to the vote.

COUNCILMEMBER PFLUMM: I was just wondering what we had budgeted for that.

COUNCILMEMBER NEIGHBOR: $589,000.

COUNCILMEMBER JENKINS: It came in below the budgeted amount, significantly below.

COUNCILMEMBER PFLUMM: All right. I thought it was good.

COUNCILMEMBER JENKINS: As long as they actually do the job for that and we don’t have a bunch of overrun things again.

COUNCILMEMBER PFLUMM: So, thank you.

MAYOR DISTLER: Any other questions from the Council? Sorry, Dan.

COUNCILMEMBER PFLUMM: No, you’re all right.

MAYOR DISTLER: Anyone from the audience that would like to comment on this item. I will accept a motion.

COUNCILMEMBER MEYER: I believe we’ve already voted.

COUNCILMEMBER PFLUMM: I think we already voted on it.

COUNCILMEMBER VAUGHT: We’ve already voted on it.

COUNCILMEMBER JENKINS: It already passed.

COUNCILMEMBER NEIGHBOR: 7-0.

MAYOR DISTLER: No, it’s not on here. That’s why it got

CITY MANAGER GONZALES: Oh, the line isn’t on there.

MAYOR DISTLER: Yeah.

CITY MANAGER GONZALES: Our bad.

MAYOR DISTLER: That’s okay. We got it.
[Therefore, the motion was made by Councilmember Vaught and seconded by Councilmember Meyer to approve and authorize the Mayor to sign Contract No. 2017-0092 with Miles Excavating, Inc. in the amount of $394,918.02 for the 55th Street Quiet Zone Alternate Access Project, P.N. 3435, the Stump Park Trail Streambank Stabilization Project, P.N. 3417, and the Community Center Grading Plan Project, P.N. 3422. The motion carried 7-0.]

2. CONSIDER BIDS AND AWARD CONTRACT NO. 2017-0093 FOR THE BARTON STREET, 66TH TERRACE TO 67TH STREET, IMPROVEMENT PROJECT, P.N. 3428.

MAYOR DISTLER: Item Number 2 is to -- it’s not on this one either.

COUNCILMEMBER PFLUMM: That’s like a Ron Burgundy moment.

MAYOR DISTLER: Item Number 2 is to Consider Bids and Award Contract No. 2017-0093 for the Barton Street, 66th Terrace to 67th Street, Improvement Project, P.N. 3428.

Final plans were approved by the Governing Body on June 26, 2017. Bids were received from seven contractors. Staff recommends awarding the contract to Kansas Heavy Construction, Tonganoxie, KS, in the amount of $228,581.85.

The recommended action is to approve and authorize the Mayor to sign the contract. Anyone from the Council have any comments or questions? Seeing none, anyone from the audience that would like to speak to this item? 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 and authorize the Mayor to sign Contract No. 2017-0093 with Kansas Heavy Construction in the amount of $228,581.85 for the Barton Street Improvement project, 66th Terrace to 67th Street, P.N. 3428.
The motion carried 7-0.]

I. MISCELLANEOUS ITEMS

1. RATIFY SEMI-MONTHLY CLAIM FOR JULY 10, 2017, IN THE AMOUNT OF $4,254,043.32.

MAYOR DISTLER: The next item is Miscellaneous Items. Item Number 1 is to Ratify Semi-Monthly Claim for July 24, 2017, in the Amount of $4,254,043.32.

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

COUNCILMEMBER PFLUMM: So moved.

COUNCILMEMBER VAUGHT: Second.

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

COUNCILMEMBERS: Aye.

MAYOR DISTLER: Opposed nay. Motion passes.
[Therefore, the motion was made by Councilmember Pflumm and seconded by Councilmember Vaught to ratify the Semi-Monthly Claim for July 24, 2017, in the amount of $4,254,043.32. The motion carried 7-0.]

2. MISCELLANEOUS COUNCIL ITEMS.

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

COUNCILMEMBER JENKINS: Something that just came to mind actually. When we’re doing these, approving these motions for construction projects, we have established an amount for that when we budgeted it. And it would be nice if we could reflect that. I know it’s reflected back here in the paperwork, but I don’t know how many people wade through all this stuff like we do. It would just be kind of neat if we had that in there, you know, this is, you know, the budgeted amount was this and this is the amount we’re approving tonight for a savings of, or that would be just kind of nice for the citizens. Not for us, but I think

MAYOR DISTLER: Okay.

COUNCILMEMBER PFLUMM: I think that’s a great idea.

MAYOR DISTLER: Thank you. Any other Council items? Okay.

J. ADJOURNMENT

COUNCILMEMBER SANDIFER: Motion 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. Thank you.
[Therefore, the motion was made by Councilmember Sandifer and seconded by Councilmember Meyer to adjourn. The motion carried 7-0.]

(Shawnee City Council Meeting Adjourned at 7:38 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 31, 2017
Deborah A. Sweeney, Recording Secretary

APPROVED BY:

_______________________
Stephen Powell, City Clerk













File Attachment Icon
CC07242017.docx