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CITY OF SHAWNEE
CITY COUNCIL MEETING
MINUTES
November 23, 2015
7:30 P.M.

Michelle Distler - Mayor

Councilmembers Present Staff Present
Councilmember PflummCity Manager Gonzales
Councilmember NeighborDeputy City Manager Charlesworth
Councilmember JenkinsAssistant City Manager Killen
Councilmember KemmlingCity Clerk Powell
Councilmember Meyer Finance Director Rogers
Councilmember SandiferInformation Technology Director Bunting
Councilmember Kenig Development Services Dir. Wesselschmidt
Planning Director Chaffee
Councilmembers AbsentParks and Recreation Director Holman
Councilmember VaughtPolice Chief Moser
Fire Chief Mattox
Assistant Finance Director Kelly
Assistant Public Works Director Gard
Transportation Manager Sherfy
Deputy Parks and Recreation Dir. Lecuru
Stormwater Manager Gregory
Fire Marshal Sands
Management Analyst Schmitz
Sr. Project Engineer Lindstrom
(Council Committee Meeting Called to Order at 7:30 p.m.)

A. ROLL CALL

MAYOR DISTLER: Good evening and welcome to tonight’s meeting of the Shawnee City Council. I would ask that you please silence your electronic devices at this time. I am Mayor Michelle Distler and I will be chairing this meeting. I will do a roll call at this time. Councilmember Neighbor?

COUNCILMEMBER NEIGHBOR: Present.

MAYOR DISTLER: Councilmember Pflumm?

COUNCILMEMBER PFLUMM: Present.

MAYOR DISTLER: Councilmember Jenkins?

COUNCILMEMBER JENKINS: Present.

MAYOR DISTLER: Councilmember Kemmling?

COUNCILMEMBER KEMMLING: Present.

MAYOR DISTLER: Councilmember Vaught is absent tonight. 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 & MOMENT OF SILENCE

MAYOR DISTLER: Please join us in the Pledge of Allegiance, followed by a Moment of Silence in honor of Evelyn VanKemseke who passed away last week. She was a hero for many in our community through her decades of work with Shawnee Community Services and she will be missed.

(Pledge of Allegiance and Moment of Silence)

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

I would also like to remind Councilmembers to speak loudly and very clearly and wait to be recognized before speaking. Our temporary audio system will broadcast our meetings online and archive a copy for the minutes, but it will not amplify the sound in the room.

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 the Council have any items they would like to remove? Seeing none, I will accept a motion.

COUNCILMEMBER SANDIFER: 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. (Motion passes 7-0)

D. MAYOR'S ITEMS

MAYOR DISTLER: The next item is D, Mayor’s Items. Tonight we have a presentation from the American Public Works Association for the Public Works and Development Services Department APWA Accreditation. This is a tremendous accomplishment by our staff and I want to commend them on achieving this national recognition for being a high quality organization. We have always known we have an outstanding staff, but this formal recognition assures and affirms that to the community.

And so I would like to introduce Chuck Williams, representing APWA to make this presentation.

MR. WILLIAMS: Thank you, Mayor. Good evening, Mayor and the Governing Body. It’s certainly a pleasure to be here this evening on behalf of the American Public Works Association.

Accreditation is not something to be taken lightly. It’s not something to be undertaken lightly because it’s a lot of work. And I normally do not speak for most, but this is too important not to be sure to touch on everything that’s important because your staff has accomplished a great thing. Accreditation is a mark of professionalism that indicates that a public works agency has made the commitment to continuous improvement in the delivery of public works operations and services in the community it serves. Accreditation recognizes that an agency’s policies, procedures and practices have been evaluated against nationally recognized management practices which are determined to be appropriate for the specific agency.

The accreditation program first began in 1995 and the first agency to receive the designation was the city of Greeley, Colorado in 1997. The Shawnee Public Works and Development Services Departments began the journey forward to accreditation in August of 2014, using the 7th Edition of the Public Works Management Practices Manual. And the APWA Accreditation Council awarded full accreditation on November 10, 2015. Stop here for a moment. That’s roughly 15 months. That’s phenomenal. It generally takes an agency up to three years to become accredited once they’ve started. The City of Shawnee was able to accomplish that in less than half that amount of time. That speaks highly of the professionalism of the staff here.

It was a total of 369 practices were reviewed and meeting full compliance. And 216 were not applicable to this agency. This is an outstanding record. And Caitlin Gard, Assistant Public Works Director, and the accreditation manager Doug Wesselschmidt, Development Services’ record and the entire staff of the Public Works Department are to be commended for their efforts. In addition, one model practice was awarded for the Community Kudos employee recognition program and will be sharing with others who are working through accreditation. Thus, management practices are not handed out lightly. I have done evaluations and I can tell you I’ve never handed out a best management practice. So, for the City of Shawnee to receive one speaks again highly of the professionalism and the programs offered in the community.

In considering there are 19,500 cities, 6,000 counties, 13,800 townships and villages and untold numbers of utility districts and special use districts, being Number 105 recognized in accreditation is again an accomplishment. Very few agencies achieve it.

On behalf of the American Public Works Association, it is my pleasure to award the formal accreditation plaques to the City of Shawnee administration, the Public Works Department and Development Services Department. Shawnee, as I mentioned, became the 105th agency in North America to be accredited. They are one of only five in Kansas, joining Lenexa, Overland Park, Olathe and Topeka, and are leading the way for many others that are following their example and benefitting from their leadership. Accreditation is a program of continuous improvement and accreditation is awarded for a four-year period. So, take a deep breath, enjoy the recognition, but get ready for the next one because in four years you’ll be doing it again. So, I want to congratulate the City and both departments on a job very well done.

(Applause)

MAYOR DISTLER: Would you like the Public Works employees that are here to join us up front?

MR. WILLIAMS: That would be fine. We have plaques for each department and the City.

MAYOR DISTLER: Oh, good.

(Handing out of plaques)

MR. WILLIAMS: On behalf of the American Public Works Association our congratulations.

MAYOR DISTLER: Thank you very much.

MS. ROGERS: Ron, come up here.

(Off Record Talking)

(Applause)

E. BUSINESS FROM THE FLOOR

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

F. PUBLIC ITEMS

MAYOR DISTLER: Item Number 1 is to a Consider Resolution Authorizing a Public Hearing Regarding Creation of an Improvement District for Clear Creek Parkway, from Clare Road to Gleason Road, P.N. 3413. The City received letters of interest from Bank of Blue Valley and Prieb Homes with a proposal for a residential development in the area south of 57th Street from Clare Road to Gleason Road. The project plan includes constructing Clear Creek Parkway between Clare Road and its current dead end just west of K-7 Highway.

The proposal is for the City to initiate an improvement district to partially fund the section of road west from Clare Road to Gleason Road that would go through the proposed development. In order to complete the entire road at one time and to allow for appropriate access, the City would need to also fund and make improvements to Clear Creek Parkway from Gleason to K-7.

If the Governing Body wishes to move forward, a Resolution will be required to authorize a public hearing on December 14, 2015, to discuss the creation of an improvement district for Clear Creek Parkway, from Clare Road to Gleason Road.

Is there any discussion from the Council? Anyone from the audience that would like to speak to this item? I will accept a motion.

COUNCILMEMBER PFLUMM: So moved.

COUNCILMEMBER MEYER: Second.

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

COUNCILMEMBERS: Aye.

MAYOR DISTLER: Opposed nay. Motion passes. (Motion passes 7-0)
(Having passed, Resolution No. 1766 was assigned.)
MAYOR DISTLER: Item Number 2 is to Consider an Ordinance Authorizing the City to Issue Federally Taxable Private Activity Revenue Bonds for Midland Hotel Group LLC in an Amount Not to Exceed $7,400,000 for the Holiday Inn Express & Suites Project.

The bonds will be used to finance the cost of constructing a 60,000 square foot, 112-room hotel located at 17346 Midland Drive. The building and improvements will be exempted from 65 percent of ad valorem taxes on the building and improvements for ten years; however, the Company will enter into a Payment in Lieu of Tax Agreement to pay the remaining 35 percent. In addition, the Company will continue to pay personal property taxes and any special assessments or fees, and they will be required to cover all the costs of the bond issuance. The Ordinance authorizes the issuance of bonds and authorizes and approves the execution by the City of certain documents related to the issuance of the bonds. The recommended action is to consider passing the Ordinance.

Is there any discussion from the Council? Anyone from the audience that would like to speak to this item? I will accept a motion.

COUNCILMEMBER KENIG: So moved.

COUNCILMEMBER SANDIFER: Second.

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

COUNCILMEMBERS: Aye.

MAYOR DISTLER: Opposed nay. Motion passes. (Motion passes 7-0)
(Having passed, Ordinance No. 3138 was assigned.)

G. ITEMS FROM THE PLANNING COMMISSION MEETING OF NOVEMBER 2, 2015

MAYOR DISTLER: Item G is Items from the Planning Commission Meeting of November 2, 2015. Item Number 1 is to Consider PUD-01-15-11, a Rezoning from PUDMR (Planned Unit Development Mixed Residential) and PUDMX (Planned Unit Development Mixed Use) to PUDMR (Planned Unit Development Mixed Residential) and Preliminary Development Plan Approval for Vantage at Shawnee, Generally Located in the 6100 Block of Pflumm Road.

The applicant has requested that this item will be tabled to the December 14, 2015 City Council Meeting. If tabled, the applicant and public have been advised comments regarding the application and the proposed rezoning would be heard at the December 14, 2015 Meeting.

Is there anyone on the Council that would like to speak specifically in regards to tabling the item? Mr. Pflumm?

COUNCILMEMBER PFLUMM: Yeah. I think we should table the item. I make a motion to table the item.

MAYOR DISTLER: Is there anyone from the audience who would like to speak specifically in regards to tabling the item? Okay. Seeing none, I will accept your motion, Mr. Pflumm.

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. (Motion passes 7-0)

H. ITEMS FROM THE COUNCIL COMMITTEE MEETING OF NOVEMBER 2, 2015 CHAIRED BY COUNCILMEMBER MEYER

MAYOR DISTLER: Item from the Council Committee Meeting of November 2, 2015, Chaired by Councilmember Meyer.

COUNCILMEMBER MEYER: Sure. Just one item tonight, to Consider Revisions to Policy Statement PS-68, the Street Improvement Program. The Council Committee recommended 8-0 to forward to the Governing Body for consideration revisions to Policy Statement PS-68, Street Improvement Program. So, the item would be to consider approving those revisions.

MAYOR DISTLER: Okay. Anyone from the Council with a comment? Mr. Jenkins?

COUNCILMEMBER JENKINS: Yes, just one comment. I want to thank those people that served from the public on this and bringing this to life. I think we’ve got a real solid policy statement now that’s based on actual empirical data and a lot of information, which is a great improvement I think, so I’m certainly in favor of it.

MAYOR DISTLER: Thank you. Mr. Neighbor?

COUNCILMEMBER NEIGHBOR: Well, I just would like to echo Councilman Jenkins’ comments. Thank you very much for everybody who participated in this and particularly Mr. Sherfy for your [inaudible].

MAYOR DISTLER: Is there anyone from the audience that would like to speak to this item? 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. (Motion passes 7-0)

I. STAFF ITEMS

MAYOR DISTLER: The next item is Staff Items. Item Number 1 is to Consider a Public Infrastructure Reimbursement Agreement with Dilip and Naina Patel for the Jay Shree Ram Development Located in the 16500 Block of Midland Drive. This development will include the construction of two hotels and a 12,450 square foot retail building, along with substantial public improvements along the east side of Renner Road just north of Midland Drive. The Excise Tax Abatement Site Development Program, which is part of Policy Statement PS-65, Economic Development Fund, authorizes reimbursements to developers to offset costs for required public improvements that would have been considered a credit to the excise tax. The excise tax due on this property is $53,483.84 and qualifies for reimbursement under the program once public improvements are made to the east side of Renner Road.

The recommended action is to consider approving and authorizing the Mayor to sign the Agreement.

Is there any discussion from the Council? Anyone from the audience that would like to speak to this item? I will accept a motion.

COUNCILMEMBER SANDIFER: Motion to approve.

COUNCILMEMBER KENIG: Second.

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

COUNCILMEMBERS: Aye.

MAYOR DISTLER: Opposed nay. Motion passes. (Motion passes 7-0)

MAYOR DISTLER: Item Number 2 is to Consider a Professional Services Agreement with Renaissance Infrastructure Consulting for 52nd Circle and 53rd Street, East of Nieman Road Storm Drainage Improvements, P.N. 3402 (SMAC TC-21-071). This project is included on the 2016 Capital Improvement Plan. Renaissance Infrastructure Consulting was selected from three firms to provide engineering design services in the amount of $144,626.50. This project is partially funded through SMAC funds and the remaining portion is funded through the City's Parks and Pipes program. The recommended action is to consider approving and authorizing the Mayor to sign the Agreement.

Is there any discussion from the Council? Mr. Pflumm?

COUNCILMEMBER PFLUMM: Yeah. Could we get a little bit of background on Renaissance Infrastructure Consulting?

MR. WESSELSCHMIDT: They’re a fairly new firm. I think as a firm they’re about three years old, but a number of the people that are working for the firm have come from other engineering firms such as Olsson and MARC and things like that. So, while it’s a firm that we have not contracted with directly, they have done some private development work within our City, so we’re certainly familiar with the firm’s ability [inaudible].

COUNCILMEMBER PFLUMM: How many guys do they have?

MR. WESSELSCHMIDT: Oh, they are about 15 people that work for the firm, including the engineers, technicians, surveyors, and [inaudible].

MAYOR DISTLER: Any other discussion from the Council? Anyone from the audience that would like to speak to this item? I will accept a motion.

COUNCILMEMBER PFLUMM: Move for approval.

COUNCILMEMBER JENKINS: Second.

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

COUNCILMEMBERS: Aye.

MAYOR DISTLER: Opposed nay. Motion passes. (Motion passes 7-0)

MAYOR DISTLER: Item Number 3 is to Consider 2016 Property and Casualty Insurance Proposal. On December 8, 2014, the Governing Body awarded the 2015 Property and Casualty Insurance contract to Brit-State National. The City has received a quote to renew coverage for 2016, which includes additional coverage for cyber liability. Staff recommends awarding the 2016 property and casualty insurance to Brit-State National in the approximate amount of $262,270. The recommended action is to consider awarding the proposal.

Is there any discussion from the Council? Anyone from the audience that would like to speak to this item? I will accept a motion.

COUNCILMEMBER PFLUMM: 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. (Motion passes 7-0)

MAYOR DISTLER: Item Number 4 is to Consider Revisions to Policy Statement PS-47, Downtown Improvement Programs, to Include the Fire Safety Incentive Program. The Shawnee Downtown Partnership is recommending revisions to PS-47 to create a Fire Safety Incentive Program. The program would provide a grant of 20 percent of the cost up to a maximum of $5,000 to extend a fire line from the water main to eligible downtown building owners in order to add sprinkler systems. The grant would be funded from the Neighborhood Revitalization Special Revenue Fund. The recommended action is to approve the revisions.

Is there any discussion from the Council? Mr. Neighbor?

COUNCILMEMBER NEIGHBOR: I think this is an excellent idea. Most of the buildings in downtown Shawnee as it go forward it might revitalize it. And kudos to the Downtown Partnership for having the vision and bringing this to our attention.

MAYOR DISTLER: Any other discussion from the Council? Anyone from the audience that would like to speak to this item? 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. (Motion passes 7-0)

J. MISCELLANEOUS ITEMS
MAYOR DISTLER: The next item is Miscellaneous Items. Item Number 1 is to Ratify the Semi-Monthly Claim for November 23, 2015, in the Amount of $1,688,833.29.

Is there any discussion from the Council? Anyone from the audience that would like to speak to this item? I will accept a motion.

COUNCILMEMBER PFLUMM: Move for approval.

COUNCILMEMBER NEIGHBOR: Second.

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

COUNCILMEMBERS: Aye.

MAYOR DISTLER: Opposed nay. Motion passes. (Motion passes 7-0)

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

COUNCILMEMBER PFLUMM: Yeah. I’d just like to wish everybody on the Council here and all the staff and all the citizens of Shawnee a Happy Thanksgiving.

MAYOR DISTLER: Mr. Jenkins.

COUNCILMEMBER JENKINS: Just for those that are here from Shawnee Mission Northwest, it doesn’t always go this easy. Well, this is the kind of a meeting that we want to [inaudible]. I guess our Mayor has said [inaudible].

COUNCILMEMBER PFLUMM: Buy a lottery ticket tonight. Oh, but you’re not old enough.

K. ADJOURNMENT

MAYOR DISTLER: Any other Council items?

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

COUNCILMEMBER SANDIFER: Motion to adjourn.

COUNCILMEMBER PFLUMM: 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. (Motion passes 7-0)
(Shawnee City Council Meeting Adjourned at 7:52 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 November 30, 2015

Deborah A. Sweeney, Recording Secretary

APPROVED BY:

_______________________

Stephen Powell, City Clerk



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