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CITY OF SHAWNEE
CITY COUNCIL MEETING
MINUTES
February 8, 2016
7:30 P.M.

Michelle Distler - Mayor

Councilmembers Present Staff Present
Councilmember NeighborCity Manager Gonzales
Councilmember JenkinsDeputy City Manager Charlesworth
Councilmember KemmlingAssistant City Manager Killen
Councilmember VaughtCity Clerk Powell
Councilmember Meyer Finance Director Rogers
Councilmember SandiferPlanning Director Chaffee
Councilmember Kenig Development Services Dir. Wesselschmidt
Guest Councilmember MorseParks and Recreation Director Holman
Public Works Director Whitacre
Councilmembers AbsentInformation Technology Director Bunting
Councilmember PflummPolice Chief Moser
Fire Chief Mattox
Sr. Project Engineer Lindstrom
Communications Manager Ferguson
(Shawnee City Council 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.

Tonight we have a very special guest with us. Her name is Adriana Morse and she is Councilmember Meyer's "Little Sister" through the Big Brothers and Big Sisters organization. Tonight, she will serve as a guest Councilmember for Ward III. She has read the packet, and will join in the discussion and will cast an honorary vote on each item.

I will do a roll call at this time. Councilmember Neighbor.

COUNCILMEMBER NEIGHBOR: Present.

MAYOR DISTLER: Councilmember Pflumm not present. 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 Morse.

GUEST COUNCILMEMBER MORSE: 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: I see we have scouts in the audience. So, if you would like to come up and join Adriana and help lead us in the Pledge of Allegiance tonight, followed by a moment of silence. The flag is this way. Okay. Adriana, you ready?

(Pledge of Allegiance and Moment of Silence)

MAYOR DISTLER: Thank you. So, if you guys would like to turn around and introduce yourselves and tell us which pack you’re with.

(Scouts introduced themselves)

MAYOR DISTLER: Thank you very much.

(Applause)

MAYOR DISTLER: Okay. 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 and then you may offer your comments. So that members of the audience can hear your comments, I would ask that you speak directly into the microphone. 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 wait to be recognized before speaking. When you are recognized, be sure to turn on your microphone. Please turn the microphone off when you are done speaking.
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

1. APPROVE MINUTES FROM THE CITY COUNCIL MEETING OF JANUARY 25, 2016.
2. REVIEW MINUTES FROM THE PLANNING COMMISSION MEETING OF JANUARY 20, 2016.
3. CONSIDER WITHDRAWAL OF SUP-01-15-01; SPECIAL USE PERMIT PREVIOUSLY ISSUED TO CHRIS AND ANGIE DOHERTY FOR RIGHT FIT FUEL & FITNESS, AN ATHLETIC CLUB IN THE COMMERCIAL NEIGHBORHOOD ZONING DISTRICT, LOCATED AT 5562 HEDGE LANE TERRACE.
4. CONSIDER EXTENSION OF SUP-08-14-12; SPECIAL USE PERMIT PREVIOUSLY ISSUED TO CANTERBURY PREP SCHOOL TO ALLOW A CHILD CARE CENTER WITH UP TO 124 CHILDREN IN THE COMMERCIAL HIGHWAY ZONING DISTRICT, LOCATED AT 22900 MIDLAND DRIVE.
5. CONSIDER EXTENSION OF SUP-13-06-12: SPECIAL USE PERMIT PREVIOUSLY ISSUED TO JAMESETTA HENDERSON FOR BRIGHT BABIES DAYCARE, TO OPERATE AN IN HOME DAY CARE FOR UP TO 12 CHILDREN IN THE PLANNED SINGLE FAMILY ZONING DISTRICT, LOCATED AT 6017 BROWNRIDGE.
6. CONSIDER EXTENSION OF SUP-01-07-01; SPECIAL USE PERMIT PREVIOUSLY ISSUED TO KIM BAILEY FOR KIM'S COTERIE, TO OPERATE AN IN HOME DAYCARE FOR UP TO 10 CHILDREN IN THE SINGLE FAMILY RESIDENTIAL ZONING DISTRICT, LOCATED AT 6930 ALBERVAN.
7. CONSIDER EXTENSION OF SUP-04-07-01; SPECIAL USE PERMIT PREVIOUSLY ISSUED TO REYNOLDS LAWN AND LEISURE, TO ALLOW MOTORCYCLES SALES IN THE COMMERCIAL HIGHWAY ZONING DISTRICT, LOCATED AT 12902 SHAWNEE MISSION PARKWAY.
8. CONSIDER EXTENSION OF SUP-13-97-12; SPECIAL USE PERMIT PREVIOUSLY ISSUED TO LA PETITE ACADEMY, TO ALLOW A DAYCARE CENTER WITH UP TO 163 CHILDREN IN THE COMMERCIAL HIGHWAY ZONING DISTRICT, LOCATED AT 22211 WEST 66TH STREET.
9. CONSIDER A RESOLUTION CONSENTING TO THE ENLARGEMENT OF CONSOLIDATED MAIN SEWER DISTRICT TO INCLUDE PROPERTY AT 7230 GLEASON ROAD. [Resolution # 1774 was assigned]
10. CONSIDER AN INTERGOVERNMENTAL SERVICE AGREEMENT WITH THE CITIES OF LENEXA AND MISSION FOR RECREATIONAL TRAVEL OPPORTUNITIES.

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: 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. (Motion passes 7-0)
[Therefore, the motion was made by Councilmember Sandifer and seconded by Councilmember Neighbor to approve the Consent Agenda. The motion passed 7-0.]

D. MAYOR’S ITEMS

MAYOR DISTLER: Item D is Mayor’s Items. I have nothing this evening.

E. BUSINESS FROM THE FLOOR

MAYOR DISTLER: The next item is E, 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

1. CONSIDER A RESOLUTION APPROVING AND AUTHORIZING THE MAYOR TO SIGN DEED AND RELATED DOCUMENTS CONVEYING PROPERTY TO GAME BIRD DEVELOPMENT, LLC IN CONNECTION WITH FINAL PAYMENT OF REVENUE BONDS.

MAYOR DISTLER: Item Number 1 Consider a Resolution Approving and Authorizing the Mayor to Sign Deed and Related Documents Conveying Property to Game Bird Development, LLC in Connection with Final Payment of Revenue Bonds.

In 2005, the City issued $2,850,000 of Federally Taxable Private Activity Revenue Bonds to finance the acquisition and construction of a medical office building located at 6840 Silverheel Street. The Company has notified the City that the bonds were paid in full on February 1, 2016, and the request to exercise its option to purchase the Project as provided in the Lease Agreement.

The recommended action is to consider adopting the Resolution approving and authorizing the Mayor to sign the Special Warranty Deed and other release documents, subject to the conditions set forth therein and final approval of Bond Counsel and the City Attorney.

Is there any discussion from the Council? Is there anyone in the audience that would like to speak to this item? I’ll accept a motion.

COUNCILMEMBER VAUGHT: Move for approval.

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)
[Therefore, the motion was made by Councilmember Vaught and seconded by Councilmember Kenig to adopt a Resolution approving and authorizing the Mayor to sign the Special Warranty Deed and other release documents conveying property to Game Bird Development, LLC in connection with final payment of revenue bonds, subject to the conditions set forth therein and final approval of Bond Counsel and the City Attorney. The motion passed 7-0. Resolution No. 1772 was assigned.]

2. CONSIDER A RESOLUTION CONSENTING TO LEASEHOLD MORTGAGE AND ASSIGNMENT OF MORTGAGE AND AUTHORIZING THE EXECUTION OF DOCUMENTS IN CONNECTION WITH A PROJECT FINANCED WITH FEDERALLY TAXABLE PRIVATE ACTIVITY REVENUE BONDS RELATED TO THE PRAIRIE PINES PROJECT.

MAYOR DISTLER: Item Number 2 Consider a Resolution Consenting to Leasehold Mortgage and Assignment of Mortgage and Authorizing the Execution of Documents in Connection with a Project Financed with Federally Taxable Private Activity Revenue Bonds Related to the Prairie Pines Project.

In 2014, the City issued not to exceed $20,000,000 of Federally Taxable Private Activity Revenue Bonds Series 2014 for the purpose of abatement of sales tax on construction materials for the Prairie Pines townhome and commercial development located at the northwest corner of 55th Street and K-7 Highway. The company intends to enter into a new loan with Security Bank of Kansas City and intends to assign the existing mortgage and to grant to the lender a leasehold mortgage to secure the new loan.

The recommended action is to consider adopting the Resolution evidencing the City's consent to Leasehold Mortgage and the assignment of existing mortgage to the lender, and approving and authorizing the Mayor to sign the supplemental indenture and supplemental lease and other consent documents, subject to the conditions set forth therein and final approval of Bond Counsel and the City Attorney.

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

COUNCILMEMBER VAUGHT: Move for approval.

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. (Motion passes 7-0)
[Therefore, the motion was made by Councilmember Vaught and seconded by Councilmember Meyer to adopt a Resolution evidencing the City’s consent to Leasehold Mortgage and the assignment of Existing Mortgage to the Lender, and approving and authorizing the Mayor to sign the supplemental indenture and supplemental lease and other consent documents in connection with a project financed with Federally Taxable Private Activity Revenue Bonds related to the Prairie Pines Project, subject to the conditions set forth therein and final approval of Bond Counsel and the City Attorney. The motion passed 7-0. Resolution No. 1773 was assigned.]

G. STAFF ITEMS

1. CONSIDER AN ORDINANCE RELATED TO THE VACATION OF RIGHT-OF-WAY AT SHAWNEE MISSION PARKWAY AND GODDARD STREET AND CONSIDER CONVEYING THE LAND TO THE ADJOINING LANDOWNER BY QUITCLAIM DEED.

MAYOR DISTLER: The next item is Staff Items. Item Number 1 is to Consider an Ordinance Related to the Vacation of Right-of-Way at Shawnee Mission Parkway and Goddard Street and Consider Conveying the Land to the Adjoining Landowner by Quitclaim Deed.

In 1996, a portion of the street right-of-way on the southwest corner of the south Shawnee Mission Parkway frontage road at Goddard Street was vacated. The property is currently being considered for redevelopment and a clause from the original vacation is interfering with the clear transfer of title for the land. An ordinance is required to remove the clause.

a) Consider passing an ordinance amending Ordinance No. 2281 by removing the reversion clause while retaining all other provisions of that ordinance.

MAYOR DISTLER: Two actions are required. The first is to consider passing an ordinance amending Ordinance No. 2281 by removing the reversion clause while retaining all other provisions of that ordinance.

Is there any discussion from the Council? Anyone in the audience who would like to speak to this item? I’ll 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)

[Therefore, the motion was made by Councilmember Sandifer and seconded by Councilmember Kenig to pass an ordinance amending Ordinance No. 2281 by removing the reversion clause while retaining all other provisions of that Ordinance. The motion passed 7-0. Ordinance No. 3149 was assigned.]

b) Consider authorizing the Mayor to sign a Quitclaim Deed on behalf of the City, conveying part of Lot B, Resurvey of Lots 14, 15, 19, and all of Lot 18, except the West 90 feet thereof, Blackhawk, to current adjoining landowner, Shil-Lo & Associates, LLC.

MAYOR DISTLER: The second action is to consider authorizing the Mayor to sign a Quitclaim Deed on behalf of the City, conveying part of Lot B, Resurvey of Lots 14, 15, 19, and all of Lot 18, except the west 90 feet thereof, Blackhawk, to current adjoining landowner, Shil-Lo & Associates, LLC.

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)

[Therefore, the motion was made by Councilmember Sandifer and seconded by Councilmember Kenig to authorize the Mayor to sign a Quit Claim Deed on behalf of the City, conveying part of Lot B, Resurvey of Lots 14, 15, 19, and all of Lot 18, except the West 90 feet thereof, Blackhawk, to current adjoining landowner, Shil-Lo & Associates, LLC. The motion passed 7-0.]

2. CONSIDER AN AGREEMENT WITH SHAFER, KLINE AND WARREN FOR ENGINEERING SERVICES RELATED TO THE CLEAR CREEK PARKWAY IMPROVEMENT PROJECT, P.N. 3413.

MAYOR DISTLER: Item Number 2 is to Consider an Agreement with Shafer, Kline and Warren for Engineering Services Related to the Clear Creek Parkway Improvement Project, P.N. 3413.

On December 14, 2015, the Governing Body approved the creation of the Clear Creek Improvement District, which includes the construction of Clear Creek Parkway from Clare Road to Gleason Road. Staff requested proposals for engineering services from four firms and is recommending Shafer, Kline and Warren of Lenexa, Kansas for a not to exceed amount of $578,570. The recommended action is to consider approving and authorizing the Mayor to sign an agreement.

Is there any discussion from the Council? Anyone from the audience that would like to speak to this item? I’ll 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. (Motion passes 7-0)
[Therefore, the motion was made by Councilmember Vaught and seconded by Councilmember Sandifer to approve and authorize the Mayor to sign an agreement with Shafer, Kline and Warren for engineering services related to the Clear Creek Parkway Improvement Project, P.N. 3413, in the amount of $578,570. The motion passed 7-0.]

3. CONSIDER BIDS FOR THE 2016 BRIDGE REPAIR PROGRAM.

MAYOR DISTLER: Item Number 3 is to Consider Bids for the 2016 Bridge Repair Program. On January 20, 2016, sealed bids were taken from three contractors for the 2016 Bridge Repair Project. The low bid was from Comanche Construction, Olathe, KS in the amount of $256,408.25. The recommended action is to consider approving and authorizing the Mayor to sign the contract.

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

COUNCILMEMBER NEIGHBOR: Yeah. I have two questions, just fundamental. How far in advance, I assume would the -- how far in advance will the signage go up to warn the people about the impending detour? I mean, just so they can plan ahead.

MR. LINDSTROM: I’m assuming you’re talking about the Mill Creek Bridget, is that correct?

COUNCILMEMBER NEIGHBOR: Yes.

MR. LINDSTROM: We’ll put message boards up at least a couple weeks ahead of time and we’ll also put notification on the City’s web page before we get ready to close that. So, that will be weather-dependent when we do that. So, at this time we do not have an exact date.

COUNCILMEMBER NEIGHBOR: Okay. Thank you.

MAYOR DISTLER: Any other questions for the -- Mr. Jenkins.

COUNCILMEMBER JENKINS: No special comment, it’s just that I see Nico is out there. I imagine he’ll put that in his Dispatch as well when we get that out there, so people will be aware that’s coming up. Thank you, Nico.

MAYOR DISTLER: Any other discussion from the Council? Anyone from the audience that would like to speak to this item? Sure. Come --

MR. McDUFF: Which bridge is this --

MAYOR DISTLER: If you could come up to the mic so that way it’s part of the record. State your name and address for the record.

Public Comment:

MR. McDUFF: Douglas McDuff, (Address Omitted). Just curious, how many bridges does this affect overall approximately?

CITY MANAGER GONZALES: Two different bridges.

MR. McDUFF: Two bridges at this stage. And we can follow-up on that on the website as always?

CITY MANAGER GONZALES: Absolutely.

MR. McDUFF: Okay.

CITY MANAGER GONZALES: We have a regular maintenance program and do an evaluation of the condition. And then every year we try to -- we keep up the one that is the worst case and worst first and try to keep them all in good shape.

MR. McDUFF: Thank you very kindly.

MAYOR DISTLER: Anyone else from the audience who would like to speak to this item? I’ll accept a motion.

COUNCILMEMBER SANDIFER: Motion to approve.

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)

[Therefore, the motion was made by Councilmember Sandifer and seconded by Councilmember Meyer to approve and authorize the Mayor to sign a construction contract with Comanche Construction in the amount of $256,408.25 for the 2016 Bridge Repair Program. The motion passed 7-0.]

H. MISCELLANEOUS ITEMS

1. RATIFY SEMI-MONTHLY CLAIM FOR FEBRUARY 8, 2016, IN THE AMOUNT OF $1,872,870.83.

MAYOR DISTLER: Next item is Miscellaneous Items. Item Number 1 is to Ratify the Semi-Monthly Claim for February 8, 2016, in the Amount of $1,872,870.83.

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

COUNCILMEMBER JENKINS: Move for approval.

COUNCILMEMBER NEIGHBOR: Second.

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

COUNCILMEMBERS: Aye.

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

[Therefore, the motion was made by Councilmember Jenkins and seconded by Councilmember Neighbor to ratify the semi-monthly claim for February 8, 2016 in the amount of $1,872,870.83. The motion passed 7-0.]

2. MISCELLANEOUS COUNCIL ITEMS.

MAYOR DISTLER: Miscellaneous Council Items. I have one item which is to present our Guest Councilmember, Adriana Morse, with a Certificate of Appreciation for joining us tonight. And I hope you learned a little bit about how the City operates. We’re glad you’re interested in Shawnee and we wish you well in school and in all of your future endeavors.

COUNCILMEMBER VAUGHT: I haven’t gotten one of them.

COUNCILMEMBER MEYER: We don’t appreciate you.

COUNCILMEMBER VAUGHT: Neither does my wife.

MAYOR DISTLER: Does anyone else on the Council have any items they would like to discuss?

CITY MANAGER GONZALES: Mayor, I might just state that I sent an e-mail out, but we are going to have a Council Committee meeting, special, on February 22nd before the Council meeting at 6:15. So, appreciate everybody’s cooperation on getting there, an important issue. Thanks.

I. ADJOURNMENT

COUNCILMEMBER SANDIFER: Motion to adjourn.

COUNCILMEMBER JENKINS: 6:15, right?

MAYOR DISTLER: If there are no other items --

COUNCILMEMBER VAUGHT: You in a hurry?

COUNCILMEMBER SANDIFER: Yeah, I am.

MAYOR DISTLER: -- I will accept a motion to adjourn.

COUNCILMEMBER SANDIFER: Motion to adjourn.

COUNCILMEMBER NEIGHBOR: 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). We are adjourned. Thank you.
[Therefore, the motion was made by Councilmember Sandifer and seconded by Councilmember Neighbor to adjourn. The motion passed 7-0.]
(Shawnee City Council Meeting Adjourned at 7:42 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 February 14, 2016

Deborah A. Sweeney, Recording Secretary

APPROVED BY:

_______________________

Stephen Powell, City Clerk











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