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CITY OF SHAWNEE
CITY COUNCIL MEETING
MINUTES
May 9, 2016
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 VaughtCity Attorney Rainey
Councilmember MeyerFinance Director Rogers
Councilmember SandiferDevelopment Services Dir. Wesselschmidt
Public Works Director Whitacre
Councilmembers AbsentPlanning Director Chaffee
Councilmember KenigIT Director Bunting
Parks and Recreation Director Holman
Fire Chief Maddox
Police Captain Tennis
Sr. Project Engineer Schnettgoecke
Sr. Project Engineer Lindstrom
Museum Director Pautler
Assistant Public Works Director Gard
Sr. Engineering Technician Ward
Sr. Engineering Technician Wiles
(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.

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 is absent. Thank you.

B. PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE

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

(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 wait to be recognized before speaking. When you are recognized, be sure to turn on your microphone, and 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 APRIL 25, 2016.
2. CONSIDER A RESOLUTION CONSENTING TO THE ENLARGEMENT OF THE CONSOLIDATED MAIN SEWER DISTRICT TO INCLUDE PROPOSED LOT 1, FEDERATED RURAL ELECTRIC INSURANCE EXCHANGE AT 7725 RENNER ROAD. Having passed, Resolution No. 1782 was assigned.
3. CONSIDER EXTENSION OF SUP-01-82-01, A SPECIAL USE PERMIT REVIEW FOR JIM AND PATTY VORE DBA VORECO TO OPERATE PEPPERMINT PATTY’S, A COMMERCIAL DAY CARE CENTER AS A LEGAL NON-CONFORMING USE AT 5603 NIEMAN ROAD AND 11010 W. 56TH TERRACE.
4. CONSIDER EXTENSION OF SUP-07-81-12, A SPECIAL USE PERMIT REVIEW FOR CENCOR, INC. TO OPERATE LA PETITE ACADEMY, A DAY CARE CENTER IN THE COMMERCIAL HIGHWAY ZONING DISTRICT LOCATED AT 12850 SHAWNEE MISSION PARKWAY.
5. CONSIDER EXTENSION OF SUP-02-89-03, A SPECIAL USE PERMIT REVIEW FOR BONITA COLVIN TO OPERATE BONOS LITTLE BLESSINGS DAYCARE, A GROUP DAY CARE WITH UP TO TEN CHILDREN, IN HER RESIDENCE LOCATED AT 12219 W. 61ST STREET.
6. CONSIDER EXTENSION OF SUP-02-15-02, A SPECIAL USE PERMIT REVIEW FOR TWISTER’S BAR AND GRILL TO ALLOW LIVE ENTERTAINMENT IN THE FORM OF A DISC JOCKEY, KARAOKE, MUSIC TRIVIA OR A LIVE BAND LOCATED AT 13410 W. 62ND TERRACE.
7. CONSIDER ACCEPTANCE OF DEDICATION OF LAND FOR PUBLIC PURPOSES CONTAINED IN FP-12-16-04; FINAL PLAT FOR JOHNSON COUNTY MENTAL HEALTH COMMUNITY SUPPORT SERVICES, SECOND PLAT, A CONDOMINIUM REPLAT FOR AN EXISTING HUMAN SERVICES BUILDING LOCATED AT 6440 NIEMAN ROAD.

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 PFLUMM: So moved.

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 Pflumm to approve the Consent Agenda. The motion passed 7-0.]

D. MAYOR'S ITEMS 1. RECOGNITION FROM FEMA FOR NATIONAL FLOOD INSURANCE PROGRAM COMMUNITY RATING SYSTEM.

MAYOR DISTLER: The next item on the agenda is Mayor’s Items. There is one item which is Recognition from FEMA for National Flood Insurance Program Community Rating System. Beth Freeman, Regional Administrator for FEMA Region VII, is here tonight to make a presentation. And I would ask Mike Gregory, Jonathan Wiles and Harry Ward, our Stormwater staff who are here tonight to please join me by the podium.

Beth, please come forward.

MS. FREEMAN: Well, congratulations to the City. This is something that doesn’t happen very often. You’re only one of two communities in Kansas that have received this rating. And what it does for you is it reduces your flood insurance premiums by 20 percent. So, congratulations. It’s taken a lot of work on behalf of your staff and employees. And we just want to say, you know, job well done.

MAYOR DISTLER: Thank you very much.

(Applause)

E. APPOINTMENTS

1. CONSIDER APPOINTMENTS TO THE BICYCLE ADVISORY COMMITTEE.

MAYOR DISTLER: The next item on the agenda is Appointments. Item 1 is to Consider Appointments to the Bicycle Advisory Committee.

I am recommending the reappointment of Joyce Thompson, Gary Dettmer, and Pam Cremer to the Bicycle Advisory Committee for a two-year term expiring on December 31, 2018.

a) Reappoint Joyce Thompson to the Bicycle Advisory Committee with a term expiring on December 31, 2018.

Three actions are required. The first is to consider reappointing Joyce Thompson to the Bicycle Advisory Committee with a term expiring on December 31, 2018.

Is there any discussion from the Council? Anyone from the audience want to comment on this item? Seeing none, I will accept a motion.

COUNCILMEMBER PFLUMM: Move for approval.

COUNCILMEMBER SANDIFER: Second.

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

COUNCILMEMBERS: Aye.

MAYOR DISTLER: Opposed nay. Motion passes.
[Therefore, the motion was made by Councilmember Pflumm and seconded by Councilmember Sandifer to reappoint Joyce Thompson to the Bicycle Advisory Committee with a term expiring on December 31, 2018. The motion passed 7-0.]

b) Reappoint Gary Dettmer to the Bicycle Advisory Committee with a term expiring on December 31, 2018.

MAYOR DISTLER: The second action is to consider reappointing Gary Dettmer to the Bicycle Advisory Committee with a term expiring on December 31, 2018.

Is there any discussion from the Council? Anyone from the audience want to comment on this item? Seeing none, I will accept a motion.

COUNCILMEMBER NEIGHBOR: 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, Councilmember Neighbor moved and Councilmember Pflumm seconded to reappoint Gary Dettmer to the Bicycle Advisory Committee with a term expiring on December 31, 2018.]

c) Reappoint Pam Cremer to the Bicycle Advisory Committee with a term expiring on December 31, 2018.

MAYOR DISTLER: The last action is to consider reappointing Pam Cremer to the Bicycle Advisory Committee with a term expiring on December 31, 2018.

Is there any discussion from the Council? Anyone from the audience that would like to comment on this item? Seeing none, I will accept a motion.

COUNCILMEMBER SANDIFER: Motion to approve.

COUNCILMEMBER PFLUMM: 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, Councilmember Sandifer moved and Councilmember Pflumm seconded to reappoint Pam Cremer to the Bicycle Advisory Committee with a term expiring December 31, 2018.]

F. BUSINESS FROM THE FLOOR

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

G. PUBLIC ITEMS

1. CONSIDER AN ORDINANCE AND RESOLUTION AUTHORIZING THE ACQUISITION OF PRIVATE PROPERTY FOR PUBLIC IMPROVEMENT FOR THE NIEMAN ROAD CORRIDOR SOUTH STORM DRAINAGE IMPROVEMENTS PROJECT, P.N. 3400 SMAC TC-21-072.

MAYOR DISTLER: The next item on the agenda is Public Items. Item Number 1 is to Consider an Ordinance and Resolution Authorizing the Acquisition of Private Property for Public Improvement for the Nieman Road Corridor South Storm Drainage Improvements Project, P.N. 3400 SMAC TC-21-072. This project is on the City's Capital Improvement Program for construction in 2016. On March 28, 2016, the Governing Body authorized easement acquisition by initially offering tiered flat fees or by condemnation on any outstanding as of May 9, 2016. There are a total of 26 easements and staff anticipates obtaining most from property owners. However, since this project is being expedited, staff needs to begin the condemnation process while continuing to work to obtain any outstanding easements. A Resolution and Ordinance are required.

a) Adopt a Resolution declaring it necessary to acquire easements on the 18 tracts of private property identified in the Easement Acquisition Summary Table for the Nieman Road Corridor South Storm Drainage Improvements.

There are two recommended actions. The first is to adopt a Resolution declaring it necessary to acquire easements on the 18 tracts of private property identified in the Easement Acquisition Summary Table for the Nieman Road Corridor South Storm Drainage Improvements.

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 SANDIFER: Motion to approve.

COUNCILMEMBER PFLUMM: 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, Councilmember Sandifer moved and Councilmember Pflumm seconded to adopt a resolution declaring it necessary to acquire easements on the 18 tracts of private property identified in the Easement Acquisition Summary Table for the Nieman Road Corridor South Storm Drainage Improvements. Motion passes 7-0]
(Having passed, Resolution No. 1783 was assigned.)

b) Pass an Ordinance authorizing the acquisition of easements on the 18 tracts of private property identified in the Easement Acquisition Summary Table for the Nieman Road Corridor South Storm Drainage Improvements.

MAYOR DISTLER: The second action is to pass an Ordinance authorizing the acquisition of easements on the 18 tracts of private property identified in the Easement Acquisition Summary Table for the Nieman Road Corridor South Storm Drainage Improvements.

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 SANDIFER: Motion to approve.

COUNCILMEMBER JENKINS: 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, Councilmember Sandifer moved and Councilmember Jenkins seconded to pass an Ordinance authorizing the acquisition of easements on the 18 tracts of private property identified in the Easement Acquisition Summary Table for the Nieman Road Corridor South Storm Drainage Improvements. Motion passes 7-0]
(Having passed, Ordinance No. 3156 was assigned.)

H. STAFF ITEMS

1. CONSIDER APPROVING FINAL PLANS AND ACCEPTING EASEMENTS OF LAND FOR PUBLIC PURPOSES FOR THE 52ND CIRCLE AND 53RD STREET, EAST OF NIEMAN ROAD, STORM DRAINAGE IMPROVEMENTS PROJECT, P.N. 3402, SMAC TC-21-071.

MAYOR DISTLER: The next item on the agenda is Staff Items. Item Number 1 is to Consider Approving Final Plans and Accepting Easements of Land for Public Purposes for the 52nd Circle and 53rd Street, East of Nieman Road, Storm Drainage Improvements Project, P.N. 3402, SMAC TC-21-071. Final plans are complete and the estimated total cost of the project is $872,000. Funding sources include SMAC and Parks and Pipes. The next step is to approve final plans and authorize staff to proceed with bidding the project and to accept conveyances of land for public purposes.

a) Approve the final plans and authorize staff to advertise the project for bids.

There are two recommended actions. The first is to approve the final plans and authorize staff to advertise the project for bids.

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

COUNCILMEMBER NEIGHBOR: So moved.

COUNCILMEMBER JENKINS: 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, Councilmember Neighbor moved and Councilmember Jenkins seconded to approve final plans and authorize staff to advertise the project for bids. Motion passes 7-0]

b) Accept conveyances of land, or an interest therein for public purposes, contained in the seven permanent drainage easements identified on the Easement Acquisition Summary Table, and authorize staff to record the seven permanent drainage easements with the Johnson County Register of Deeds.

MAYOR DISTLER: The second recommended action is to accept conveyances of land, or an interest therein for public purposes, contained in the seven permanent drainage easements identified on the Easement Acquisition Summary Table, and authorize staff to record the seven permanent drainage easements with the Johnson County Register of Deeds.

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

COUNCILMEMBER PFLUMM: So moved.

COUNCILMEMBER JENKINS: 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, Councilmember Pflumm moved and Councilmember Jenkins seconded to accept conveyances of land, or an interest therein for public purposes, contained in the seven permanent drainage easements identified on the Easement Acquisition Summary Table, and authorize staff to record the seven permanent drainage easements with the Johnson County Register of Deeds. Motion passes 7-0]


2. CONSIDER APPROVING FINAL PLANS, ACCEPTING EASEMENTS, AND AUTHORIZING STAFF TO PROCEED WITH BIDDING THE STORM DRAINAGE IMPROVEMENTS, 60TH STREET AND BARTON STREET - PHASE II, P.N. 3414.

MAYOR DISTLER: Item Number 2 is to Consider Approving Final Plans, Accepting Easements, and Authorizing Staff to Proceed with Bidding the Storm Drainage Improvements, 60th Street and Barton Street - Phase II, P.N. 3414.

Final plans are complete and the estimated total cost of the project is $312,515. Funding sources include Community Development Block Grant and Parks and Pipes. The next step is to approve final plans, accept easements, and authorize staff to proceed with bidding the project.

a) Approve the final plans.

There are three recommended actions. The first is to approve final plans for the project.

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

COUNCILMEMBER PFLUMM: Move to approve final plans.

COUNCILMEMBER JENKINS: 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, Councilmember Pflumm moved and Councilmember Jenkins seconded to approve final plans for Storm Drainage Improvements, 60th Street and Barton Street - Phase II, P.N. 3414. Motion passes 7-0]

b) Accept the temporary and permanent easements.

MAYOR DISTLER: The second recommended action is to accept the temporary and permanent easements related to the project.

Does anyone on the Council have any questions? Is there anyone from the audience that would like to speak to this item? I will accept a motion.
COUNCILMEMBER JENKINS: So moved.

COUNCILMEMBER NEIGHBOR: 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, Councilmember Jenkins moved and Councilmember Neighbor seconded to accept the temporary and permanent easements. Motion passes 7-0.]

c) Authorize staff to advertise the project for bids.

MAYOR DISTLER: The final recommended action is to authorize staff to advertise the project for bids.

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

COUNCILMEMBER PFLUMM: So moved.

COUNCILMEMBER JENKINS: 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, Councilmember Pflumm moved and Councilmember Jenkins seconded to authorize staff to advertise the project for bids. Motion passes 7-0.]

3. CONSIDER APPROVING A STUDY AND REPORT RELATED TO THE CLEAR CREEK PARKWAY IMPROVEMENT PROJECT, P.N. 3413.

MAYOR DISTLER: Item Number 3 is to Consider Approving a Study and Report Related to the Clear Creek Parkway Improvement Project, P.N. 3413. On February 8, 2016, the Governing Body approved an agreement with Shafer, Kline and Warren to provide a Study and Report related to the project. The report is complete and construction is anticipated to begin fall 2016 and be open to traffic during the summer of 2017. The total estimated cost is $5,259,000 and is funded through a benefit district and General Obligation Bonds.

The recommended action is to approve the study and report as submitted and authorize Shafer, Kline and Warren to continue with preliminary plans.

Does anyone on the Council have any questions? 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.
[Therefore, Councilmember Vaught moved and Councilmember Meyer seconded to approve the study and report as submitted and authorize Shafer, Kline and Warrant to continue with preliminary plans. Motion passes 7-0.]

MAYOR DISTLER: Item Number 4 -- oh, Mr. Jenkins.

COUNCILMEMBER JENKINS: Yeah. It didn’t really affect this. I wanted to make a comment relative to this item.

MAYOR DISTLER: Okay.

COUNCILMEMBER JENKINS: And that was the financial information on page 68, which mentions the potential for a recoup of some of the road construction costs, some of the City’s road construction costs with the exercising of the excise tax perhaps down the road, when it might be platted. And I think that’s the first really solid argument ever for keeping the excise tax. And we’ve talked about -- I talked about it and brought up the issue of perhaps removing the excise tax. But that would be a good example of perhaps where we would use it and it would be of some benefit to the community. So, I think that was a significant thing that I wanted to point out. That’s all.

MAYOR DISTLER: Thank you very much.

4. CONSIDER BIDS AND AWARD CONTRACT FOR THE QUIVIRA ROAD PROJECT, 47TH STREET TO 62ND PLACE, P.N. 3410.

MAYOR DISTLER: Item Number 4 is to Consider Bids and Award Contract for the Quivira Road Project, 47th Street to 62nd Place, P.N. 3410. Bids were received from eight contractors on May 4, 2016. Staff recommends awarding the bid to McAnany Construction, Shawnee, Kansas, in the amount of $1,513,169.71. The recommended action is to award the bid and approve and authorize the Mayor to sign a contract.

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

COUNCILMEMBER PFLUMM: Move for approval.

COUNCILMEMBER NEIGHBOR: 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, Councilmember Pflumm moved and Councilmember Neighbor seconded to award the bid and authorize the Mayor to sign a contract for the Quivira Road Project, 47th Street to 62nd Place, with McAnany Construction in the amount of $1,513,169.71. Motion passes 7-0.]

5. CONSIDER BIDS AND AWARD CONTRACT FOR THE JOHNSON DRIVE PROJECT, QUIVIRA ROAD TO PFLUMM ROAD, P.N. 3415.

MAYOR DISTLER: Item Number 5 is to Consider Bids and Award Contract for the Johnson Drive Project, Quivira Road to Pflumm Road, P.N. 3415. Bids were received from five contractors on May 3, 2016. Staff recommends awarding the bid to Superior Bowen Asphalt, Kansas City, Missouri, in the amount of $648,719.20. The recommended action is to award the bid and approve and authorize the Mayor to sign a contract.

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

COUNCILMEMBER PFLUMM: Move for approval.

COUNCILMEMBER NEIGHBOR: Second.

COUNCILMEMBER JENKINS: 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, Councilmember Pflumm moved and Councilmember Neighbor seconded toward the bid and authorize the Mayor to sign a contract for the Johnson Drive Project,Quivira Road to Pflumm Road with Superior Bowen Asphalt in the amount of $648,719.20. Motion passes 7-0.]

6. CONSIDER BIDS AND AWARD CONTRACTS FOR 2016 ROOF REPLACEMENTS.

MAYOR DISTLER: Item Number 6 is to Consider Bids and Award Contracts for 2016 Roof Replacements. On March 28, 2016, the Governing Body approved final plans for roof replacements at the Public Works Service Center, Shawnee Town Classroom (Trail Café), and the West Flanders Arbor. Bids were received on April 22, 2016. Each building was bid as a separate project to receive best pricing and expedite installation. The total is $125,481 and is budgeted in the Equipment and Facility Reserve Fund.

a) Accept the bid and approve and authorize the Mayor to sign a contract with Cannon Building Systems, Inc. for the Public Works Service Center roof replacement in the amount of $103,599.

There are three recommended actions. The first is to accept the bid and approve and authorize the Mayor to sign a contract with Cannon Building Systems, Inc. for the Public Works Service Center roof replacement in the amount of $103,599.

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

COUNCILMEMBER PFLUMM: Actually I just want to go on record on kind of all three of these. I don’t necessarily like that we went out for bids, and I think I brought it up the last time we were talking about the, you know, the roofs and everything. And it seems like the cost, you know, that we’re paying is much exorbitant. And the Public Works Center, you know, was a metal roof and it should last a long, long time. And I brought it up the last time and it’s got some leaks or something. But anyway, I just feel that I think we’re paying too much for these roofs.

MAYOR DISTLER: Any other Councilmembers have any comments or questions? Is there anyone from the audience that would like to speak to this item? I’ll accept a motion.

COUNCILMEMBER SANDIFER: Motion to approve.

COUNCILMEMBER NEIGHBOR: Second.

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

COUNCILMEMBERS NEIGHBOR, VAUGHT, MEYER, SANDIFER: Aye.

MAYOR DISTLER: Opposed nay.

COUNCILMEMBERS PFLUMM, JENKINS, KEMMLING: Nay.

MAYOR DISTLER: And in dissent is Councilmember Pflumm and Councilmember Jenkins and Councilmember Kemmling. Motion passes.
[Therefore, Councilmember Sandifer moved and Councilmember Neighbor seconded to accept the bid and authorize the Mayor to sign a contract with Cannon Building Systems, Inc. for the Public Works Service Center roof replacement in the amount of $103,599. Motion passes 4-3, with Councilmembers Pflumm, Jenkins and Kemmling voting nay.]

b) Accept the bid and approve and authorize the Mayor to sign a contract with Godard and Son Roofing for the Shawnee Town 1929 – Classroom (Trail Café) roof replacement in the amount of $16,682.

MAYOR DISTLER: The second recommended action is to accept the bid and approve and authorize the Mayor to sign a contract with Godard and Son Roofing for the Shawnee Town 1929 - Classroom (Trail Café) roof replacement in the amount of $16,682.

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 SANDIFER: Motion to approve.

COUNCILMEMBER MEYER: Second.

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

COUNCILMEMBERS NEIGHBOR, VAUGHT, MEYER, SANDIFER: Aye.

MAYOR DISTLER: Opposed nay.

COUNCILMEMBERS PFLUMM, JENKINS, KEMMLING: No.

MAYOR DISTLER: Mr. Pflumm, Mr. Jenkins and Mr. Kemmling are nay. Motion passes.
[Therefore, Councilmember Sandifer moved and Councilmember Meyer seconded to accept the bid and authorize the Mayor to sign a contract with Goddard and Son Roofing for the Shawnee Town 1929 - Classroom (Trail Café) roof replacement in the amount of $16,682. Motion passes 4-3, with Councilmembers Pflumm, Jenkins and Kemmling voting nay.]

c) Accept the bid and approve and authorize the Mayor to sign a contract with Industrial Roofing, Inc. for the West Flanders Park Arbor roof replacement in the amount of $5,200.

MAYOR DISTLER: The final recommended action is to accept the bid and approve and authorize the Mayor to sign a contract with Industrial Roofing, Inc. for the West Flanders Park Arbor roof replacement in the amount of $5,200.

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

COUNCILMEMBER SANDIFER: Motion to approve.

COUNCILMEMBER MEYER: Second.

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

COUNCILMEMBERS NEIGHBOR, JENKINS, KEMMLING, VAUGHT, MEYER, SANDIFER: Aye.

MAYOR DISTLER: Opposed nay.

COUNCILMEMBER PFLUMM: No.

MAYOR DISTLER: Mr. Pflumm votes in dissent. Motion passes.
[Therefore, Councilmember Sandifer moved and Councilmember Meyer seconded to accept the bid and authorize the Mayor to sign a contract with Industrial Roofing, Inc. for the West Flanders Park Arbor roof replacement in the amount of $5,200. Motion passes 6-1, with Councilmember Pflumm voting nay.]

7. CONSIDER DECLINING ADDITIONAL PROJECTS OFFERED BY THE JOHNSON COUNTY STORMWATER MANAGEMENT PROGRAM.

MAYOR DISTLER: Item Number 7 is to Consider Declining Additional Projects Offered by the Johnson County Stormwater Management Program. At the January 11, 2016 Council meeting, the Governing Body approved accepting funding from the Johnson County Stormwater Management Program (SMP) for two stormwater drainage improvement projects. SMP has offered the City 2017 funding for three additional projects in the Nieman Road areas. For several reasons outlined in the attached memo, staff is recommending that the Governing Body decline the additional offered 2017 funding.

a) Decline the 2017 Johnson County Stormwater Management Program funding for Nieman Road Corridor North: West of Flint to West of Barton Road, TC-21-074.

There are three recommended actions. The first is to decline the 2017 Johnson County Stormwater Management Program funding for Nieman Road Corridor North: West of Flint to West of Barton Road, TC-21-074.

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

COUNCILMEMBER JENKINS: I just would like to discuss this a little bit. You know I’m in favor of leveraging SMAC money to the extent possible. There’s $15 million of county SMAC money laying on the table here for us to accept. We’re looking right now at the prospects I believe from our last meeting, we were looking at the Clear Creek Parkway project along with the Holliday Drive repairs being bonded. Perhaps we could look at the possibility of packaging the entire -- this with that project and then bond all of it and the excess that is $15 million to get this work done.

I think that it’s even more appropriate from the standpoint of it’s kind of interesting we’re going to do the southern end of the watershed, you know, the lower end of it first and then we’re going to do the upper end incrementally. I think that leaves some things to be desired. It would be nice if we could do this in a comprehensive way working the drainage improvements from the upper reaches on down through the watercourse to the lower reaches ensuring that all of it is designed adequately to handle the flows. That was one of the problems I was worried, I mentioned before, about doing the project out there, the south corridor project. That, you know, I think the engineers are saying, yeah, everything is wonderful, but, you know, figures sometimes mess you up, models are models.

Maybe it would be a good idea to do this as one intact project. It’s a lot of money, but I would sure like to consider perhaps funding it in this year when the money is out there and it’s available. I mean, I know we always say it’s going to be available again and the county does well with this project, but that’s betting on the account to a certain extent. That’s hoping that it’ll be there because these are works that we do want to accomplish. So, it’s not like that we’re not interested, and we are interested in them. We do want to do them. It’s a timing thing. And I’ve talked to some people about the bonding, and I know Carol could help me on this and I’m sure Maureen could help me also. But if it’s a larger bond you might even get more favorable rates if you do it in one shot that way. So, I don’t know. It’s just -- I’d really like to consider a possibility of doing all of it now.

CITY MANAGER GONZALES: I could respond to some of that, and Mr. Wesselschmidt may have to help me. But two main concerns obviously. We don’t have the funding to do the match currently and we haven’t run specific numbers, so we would need to run them in the forecasts. But based on all the budget work we’ve been doing right now, I am very confident in saying that it wouldn’t fit in the current forecast at the current mill levy and the debt service fund, so that would be a concern. The other flip-side concern of a General Fund obligation would be we just don’t have the staff to manage this enormous of a workload all at one time. So, that would be another issue that we’d have to cost out and figure out or deal with.

And, Doug, you might want to speak to the south to north issue.

MR. WESSELSCHMIDT: Yeah. Let me start off with just how the SMAC program works. Cities submit projects to the county. These have a benefit to cost ratio and the county will take a look at all the projects that are submitted and rank them based on the benefit cost ratio. What we’re seeing here and what we saw last year and we’ve seen many years in the past is our projects have ranked at the top, so we’ve always been able to get funding. So, I’m confident to say that if we do not choose these projects they’re going to remain at the top of the benefit cost list so that they would be again offered next year and the following year.

As far as the -- generally when we’re doing drainage projects, our preferred way to do them would be to improve the downstream sections first and then work upstream. That way the receiving --
COUNCILMEMBER JENKINS: Could you explain that, please, Doug, because I don’t really get it. I don’t know why you’d prefer to do it that way. So, maybe you could help me with that.

MR. WESSELSCHMIDT: Well, if we have a small pipe -- let’s make it on a real small scale. If we’ve got three small pipes, in the case of his Nieman project, three projects. So, if we have three small pipes and if we enlarge the upstream pipe first, then that’s going to create more problems in that middle section and the downstream section. So, if we started at the downstream end and made that pipe a correct size, adequate sized, then as we worked our way upstream the projects downstream are sized adequately and can take on that water.

COUNCILMEMBER JENKINS: That doesn’t make sense to me, Doug, that you would have these -- that means that you are making that a constant. Those pipes upstream are a constant. They’re not constant. They really aren’t.

MR. WESSELSCHMIDT: Well, they’re sized --

COUNCILMEMBER JENKINS: You had to design those individually to accept the amount of conveyance that they’re going to be required to convey. Okay. And the appropriate amount of cubic feet or whatever we need to deal with and the time-distance factor and all that good stuff you guys do. But as it comes downstream and it becomes cumulative, have we designed the one downstream big enough to really, or are we going to have to redesign the ones upstream inadequately because, darn, we didn’t make it big enough downstream, so we better not put very big pipes up there because it’s not going to be able to handle it when it gets downstream. I hope you’re following me on that because I think it’s a pretty simple argument.

MR. WESSELSCHMIDT: No, I’m confident in saying that the project we’re designing now, the Nieman South is being designed adequately so that it can receive all the drainage upstream.

COUNCILMEMBER JENKINS: One of the latest maps I saw on that showed some hundred year flood plain remaining even though we’re designing this project supposedly to handle the flows.

MR. WESSELSCHMIDT: It was remaining --

COUNCILMEMBER JENKINS: So, it’s not completely eliminating the hundred year.

MR. WESSELSCHMIDT: Yeah. It was just -- the design criteria is to eliminate flooding out of homes. Our funding sources, while it would be an additional cost if we wanted to remove water out of -- completely out of back yards on a hundred year, then we could do that. But the parameters of the project are to eliminate over-topping of roads and flooding of homes. Not necessarily making all back yards dry during a hundred year event.

COUNCILMEMBER JENKINS: Well, I wish I shared you confidence because I do not necessarily share your confidence that the downstream project is going to be to accommodate the watershed to the west, basically coming from the northwest. And I think we’ve just kind of got our fingers crossed hoping all that works out. And that bothers me a little bit when we’re putting $5.2 million into that lower end.

MR. WESSELSCHMIDT: Yeah. Whether we’re designing street projects, we have consultants designing new subdivisions or we’re designing our drainage projects, all the pipe sizes are sized to take into account a fully developed watershed upstream. So, even if there is a 40-acre field upstream that pipe is sized so that it’s taking into account that when that ground develops in takes in that drainage.

COUNCILMEMBER JENKINS: I truly hope so.

MAYOR DISTLER: Any other comments? Mr. Pflumm.

COUNCILMEMBER PFLUMM: I’m just going to throw out, I mean, I know we want to start from, let’s say downstream, but we haven’t necessarily done that. I mean, we’ve done projects upstream. You know, we’ve followed it, you know, up from I’m going to say 52nd Street on down through --

MR. WESSELSCHMIDT: Sure. Yeah.

COUNCILMEMBER PFLUMM: -- to Johnson Drive, to across Johnson Drive to over here. And now we’re going to skip and we’re going to go over and do that section which is 100 percent different than what you just mentioned.

MR. WESSELSCHMIDT: Yeah. Because I indicated the ideal way would be to work on it downstream to upstream. But if we have funding up at 55th and Nieman to fix some flooding there and that’s where our funding source is, we’re not going to tell those folks that, hey, you need to wait ten years till we work our way all the way up stream. Based on the benefit cost ratio that’s where we got our funding because their flooding may be more frequent and at higher levels than some areas downstream.

COUNCILMEMBER PFLUMM: I’m going to kind of agree with Eric. I mean, we’re giving up a lot of money. We just talked last meeting about, you know, charging electric vehicles and passing up on a 100,000. We’re passing up on like $10 million worth of county money, 15. Well, it’s five of ours and --

COUNCILMEMBER JENKINS: No, it’s five of ours and fifteen of theirs.

COUNCILMEMBER PFLUMM: Five of ours and fifteen of theirs. So, sorry, we’re passing up on $15 million, you know, which is a huge amount, a lot more than any charging station or anything like that. So, I don’t know. I kind of agree with Eric on this thing. Maybe we shouldn’t vote on this tonight. Maybe we should take a -- either we table it or we say I don’t know.

MR. WESSELSCHMIDT: Yeah. We’re --

COUNCILMEMBER PFLUMM: I mean, any other comments would be appreciated.

MAYOR DISTLER: Councilmember Meyer.

MR. WESSELSCHMIDT: One more point on the SMAC program. It’s funding these projects at a 75 percent level, so it’s a great program. We try to match it where we can, or we have been using, and it requires a 25 percent local match. That local match is -- we’ve been using the stormwater half of the Parks and Pipes. The pipes has a certain amount of funding level and we’ve been taking on the SMAC projects at that level that that funding provides for. I wish we had more money. I wish we had more staff to handle more projects, but unfortunately we don’t.

COUNCILMEMBER PFLUMM: Yeah. But I kind of have to agree again with Eric -- excuse me, can I say something? Maureen brought up that if we bond a bigger, you know, a bigger bond that it’s more economical for the City. You know, so, I don’t know, that was one or a couple meetings ago. And so if we’re using the stormwater, we’re still going to use that stormwater of the Parks and Pipes money to pay that bond off then in the future. So, I’d like to see the math on that though if we’re going to say that, you know, we can’t afford that right now.

MAYOR DISTLER: Councilmember Meyer.

COUNCILMEMBER MEYER: Yeah. I’ll just I guess jump in and play devil’s advocate a little bit. I don’t disagree that these projects need to be done. I also hate leaving money on the table. That being said, where is the $5 million going to come from? Perhaps bonding, but I’ve also heard our Council express concerns about bonding even at the level we were bonding and should we be doing Holliday Drive. And, you know, it just -- I want to make sure we’re keeping all of our priorities in line here when we say to one thing, oh, we bond too much, we borrow too much, but then to this we’re like, yeah, $5 million, let’s do it. And my secondary concern would be what Carol echoed that we don’t have the staff to do it. So, I know it’s always been push-back to bring on any more staff to handle an increased capacity. And maybe that’s a conversation to have with the increased Parks, Pipes and Pavement. But at present we don’t have the staff to do it. So, how do -- I guess logistically, how do we get around all of that? So, if we take this money we don’t have the staff to implement the program, then what do we do? I guess I’m just curious about I guess a discrepancy in my mind.

MAYOR DISTLER: Mr. Jenkins.

COUNCILMEMBER JENKINS: I think those comments are well taken. I think the issue here, and where I’m trying to come from, is that it’s pretty hard to decide all this in like 15 or 20 minutes at a City Council meeting. And this thought came to me today, I was thinking, you know, really, this might be something we could do and I’d like to flush it out. So, I would like to see a little bit more in terms of estimates from the staff on, okay, what are staffing issues. Why are you so short on staff? What are the management requirements for a project like this? What does that actually entail from the staff’s end and why does that overwhelm them? You know, we need some information. I don’t have enough information to make those kinds of decisions. And I was raising a what-if and I was raising a, gee whiz, guys, can’t we think about this. Because $15 million. You talk about bonding, yeah, we bond all the time apparently. But we bond for -- we aren’t bonding to get money. In this case we’re talking about spending money to get money, a lot of money. And so I think that’s kind of a little different category there if we’re not just bonding to pay for a project. We’d be bonding to go out and get a whole lot of money and bring into the City of Shawnee.

MAYOR DISTLER: Councilmember Meyer.

COUNCILMEMBER MEYER: Yeah. And I don’t disagree with that. I know that it’s on the priority list, it will continue to be on the priority list. So, I guess to me it’s a question of are we leaving, you know, all of this money on the table, spending to five to whatever. Or are we spending five, we don’t need to spend to -- are we like buying something on sale that we don’t necessarily have to buy right now just because there’s a coupon if that makes sense. So, it’s going to remain on the priority list. I don’t -- I guess I don’t see the difference between holding off now when our budget is already kind of at max and our staff is at max when it doesn’t fall off the priority list. It’s not like this is our one and only shot at the project I guess.

COUNCILMEMBER JENKINS: Well, and that’s assuming that prices of this work remain constant also. I suspect they won’t. And if you’re paying a very low interest rate you may actually come out better in the long run with the money being bonded rather than paying the increased cost of construction down the road. So, that might be a wash actually, you know.

COUNCILMEMBER MEYER: Yeah. And I’m sorry to interrupt you.

COUNCILMEMBER JENKINS: But you’re right making the basic point. I don’t think we know all the answers here and we’re getting ready to vote on something. That’s where I’m having a problem there. You know, I think it would be something to take a look at. If it doesn’t work, it doesn’t work. And, you know, we’re all big boys and girls, we can probably figure that out. But I would sure like to at least be able to make a more informed decision I guess is what I’d like.

MAYOR DISTLER: Mr. Vaught and then Mr. Sandifer.

COUNCILMEMBER VAUGHT: You know, I’m going to kind of echo what Stephanie said. I think my biggest concern is when we talk about when, you know, we hear staff say or leadership say that we don’t have staff. You know, government is always accused of wanting to do everything they can and spend, spend, spend, and here they’re telling us let’s not spend this money. Let’s not do this and we’re fighting them on it, which I find kind of interesting. Free money is great money, but, you know, I would -- I think I trust staff’s judgment and I would say, you know, Doug has been doing this a long time and staff has been doing this a long time. You know, he kind of knows where his engineers are and kind of what their capacity is. So, I would think if he’s going to sit up there and tell us that if we took on three projects instead of one that we don’t have the capacity to do it. And especially when you kind of look at our, you know, at any given time we could have another collapse. We could have another Holliday type collapse. And so if we have a couple, you know, pipe collapses, two or three pipe collapses while we’re taking on these three projects, we are going to be going to the temp agencies or we’re going to be hiring people because there ain’t no way I would say if we’re saying we can’t do these that we’re going to take on all that. And then I think we know the condition of our pipes. There’s a real possibility we got a few, you know, a few heavy rains this year, gully-washes and, you know, we might have a couple collapses that we’re dealing with. So, I mean, I don’t know. I mean, it sounds like what you’re saying Doug is that it just, you know, staff capacity probably isn’t, or what Carol is saying, I mean, is that pretty legitimate that we just, you know, if other events came around and even some other development things happened, I mean, are we stretching -- we’d be stretching staff, your staff or engineer’s staff pretty thin.

MR. WESSELSCHMIDT: Yeah. These projects just take an enormous amount of time. I mean, yeah, we’re hiring an engineering firm to design the project for us, but the amount of time working with the property owners to get the project designed so that it fits in with their front yard, back yard, side yard, get those easements. Just get the level of satisfaction that the property owner would like when this project is coming through their yard. And that’s just on the design end, the easement acquisition end. And then once you start construction, a lot of time spent with my stormwater engineer and her technician, just again with those property owners, spending a lot of time with them, making sure that the contractor and the property owner are getting along and everything is getting restored. And then that’s just our normally regularly scheduled project. Then when you have a Holliday Drive collapse, a Quivira Road collapse, and those weren’t even on our schedule let alone in our budget, those become the number priority project and just an immense amount of time to accelerate those special projects.

MAYOR DISTLER: Mr. Sandifer.

COUNCILMEMBER SANDIFER: I have to agree with Mr. Vaught and Mrs. Meyer. You know, we hire some very good staff and we have a great City Manager, and I’ve had a little bit to do with stormwater issues with some developments that we have done, but I am far under-knowledged than our staff is that are giving advice to the City Manager. Now, I have to agree that I don’t feel this is the time to probably go out on a limb and borrow more money right now. I think that, you know, this is -- we’re not quite there yet. And this will still be on the top burner next year to where we could still go ahead and do some of this next year if something else happened. I have to agree that the way some of our systems have been falling apart and some of the pipes have been collapsing, we end up with a big issue. We really have to go out on a limb to go finance something else to take care of it in the middle of it. And we’ve had that, at least one a year for, what, the last two years, or three? At least two. And that’s not to say that as old as our -- the piping is and our stormwater is at this period of time if we don’t get another one. And I’d hate to be stuck out on a limb right now because they’re right. I mean, all we hear is tax and spend, tax and spend. Now, everybody wants to come up and they want to say let’s cut back a little bit. Let’s hold off till next year and make another decision. I’m okay with that. I’m in agreement with the staff. I think we’ve got a fantastic staff. I think they’re doing a great job. And when they come to me and say we want to save you $5 million this year, you know, we can always spend the money next year. As they say, it will still be on the top of the list and chances are we’re going to have it back. We can make that decision again. Do one more project, two more projects or whatever.

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

COUNCILMEMBER PFLUMM: Just throwing out one thing, the economies of scale could possibly help out in paying for one of those projects also. You know, if you’re going to bid, you know what I mean, one large project as opposed to four smaller projects, I would think it would be much more economical to do one large one.

MAYOR DISTLER: Mr. Neighbor.

COUNCILMEMBER NEIGHBOR: Yeah. This is just an academic question. Been hearing that the county is thinking about redoing the way they do stormwater funds or SMAC funds or something allowing some of those funding to be used for maintenance rather than just the building. Does anyone have any information on that concept?

CITY MANAGER GONZALES: I actually spoke with Commissioner Allen today. He stopped by and he had just come from a SMAC meeting and he said they absolutely were heading that direction. It looked like, and even talking about perhaps some funding available for emergency repairs should those be needed also. They haven’t worked out criteria nor made any final decisions yet, but there is good discussion going on about that as has been the last couple years they’ve been looking at that, so. But I think it’s nearing an end.

MAYOR DISTLER: Mr. Pflumm.

COUNCILMEMBER PFLUMM: So, if they do that, that’s going to tax the available SMAC funds that are available for these projects that we want to --

CITY MANAGER GONZALES: Not necessarily. I don’t know how they’re allocating the funds, but the indication was that they’re in this situation where there’s money left on the table in a certain year that that may be how they determine to allocate the funds. But again, no final decisions have been made.
MAYOR DISTLER: Mr. Vaught.

COUNCILMEMBER VAUGHT: I guess I may just ask, Carol, ask you this and, Doug, I mean, I think, you know, nobody liked these projects more than staff because when something floods or there’s a problem they’re the ones that get the phone calls and they’re the ones that got to deal with it. So, I mean, I would think if, you know, if you felt like there was the ability to do this, that we would probably be doing it, am I correct? I mean, we probably looked at this and if you felt like you had the capacity and had the ability to do all three of these, I mean, because I’m not opposed to the idea, but I’ve got to revert back to what you guys were saying. You’re the ones that got to do it. So, I can sit here and say that I’d love to see it all done, but I’d love to see a lot of things happen and somebody has got to pay for them and people have got to do it. So, I mean, is it, you know, feasibility-wise, I mean, you’re just -- this is kind of where we’re at. It’s just not feasible with where we’re at. And then also, where does the money come from? So, I mean, I guess staff and money are the two things, so.

CITY MANAGER GONZALES: I mean, absolutely could; however, and I don’t recall with these specifically, but some of the cost benefit calculations they have done in the past when we’ve submitted one large project they don’t score as well as several phases. And I know that this one we did break into phases. And I can’t remember if it’s because of that reason or just because of the cost that we knew how much we had coming in from the pipes sales tax each year. But the larger the project, it doesn’t always score as well. So, we have broken these up. But, yeah. I mean, just based on budget, we’ve spent a lot of time over budget the last two months and I’ve watched Cynthia’s light burning day and night the last few months. We just don’t have the capacity to do it. Not to say that if there were more resources that we couldn’t find a way and wouldn’t love to do it. But we just didn’t think there’s a way to find more resources.

MAYOR DISTLER: Anyone from the audience that would -- oh, Mr. Kemmling.

COUNCILMEMBER KEMMLING: I’m a big fan of these SMAC funds obviously because that 3 to 1 match is huge and that’s I believe the best match that we have out there. I don’t think CARS is anywhere near that. So, I love it. And every year when we have to decline projects I hate declining them just because we can get so much more bang for our dollar. I’ve been critical of bonding when we did road maintenance. I didn’t really -- I didn’t like that idea. Of course, that was more of a one to one. But I’m not sure if bonding would be the right way to go on this. I wouldn’t mind having that conversation. I’m not a huge fan of bonding, but if we could sit down and look at it, is there potential to save money with a larger bond or not. I wouldn’t mind having that conversation. Eric’s idea here is a new one and it’s not one I’ve had time to really mull over, but I wouldn’t mind having the ability to do that if we were to table declining this till later. So, I’m not sure if it would be possible or not, but I would be in factor of having that conversation and tabling this.

MAYOR DISTLER: Ms. Meyer.

COUNCILMEMBER MEYER: What is our timeline to let them know about our intent here?

MR. WESSELSCHMIDT: We need to let the county know by May 15th, which is next Monday. Because, yeah, if we decline the funding, then they work their way down the list and there’s basically other cities that are needing to make stormwater drainage project decisions as well.

COUNCILMEMBER NEIGHBOR: Well, my question was the same as Stephanie’s, what’s our timeline.

MAYOR DISTLER: Mr. Vaught.

COUNCILMEMBER VAUGHT: And I would only say this, you know, and obviously we don’t have the timeline. If we did, or had the time to do it, but I’d want to hear a commitment from you guys that would say that if the money made sense that, okay, great. But if staff said we’re going to need two additional engineers or one additional engineer to do this at a cost of, I don’t know what is an engineer, 60, 70, $75,000 [inaudible] that would say okay, great, we will -- if we can do this additional project with this money, then we’re willing to hire another staff member, another engineer. Because if we’re not willing to do that, we can go through all this for exercise, but then the staffs would still tell us that, okay, we have the money, but we still don’t have the capacity. So, do we use that money then to pay for an employee, which is a different bucket, or, you know, how do we do that. Do we hire a temp? I mean, that would be -- we’re still not answering that question. I’m not opposed to the concept, but staff is telling us we don’t have the capacity to do it. So, as to support to hire additional staff.

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

COUNCILMEMBER SANDIFER: You’ve got three.

COUNCILMEMBER VAUGHT: Move to approve Item A.

COUNCILMEMBER SANDIFER: Second.

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

COUNCILMEMBERS KEMMLING, SANDIFER, VAUGHT, MEYER: Aye.

MAYOR DISTLER: Opposed nay.

COUNCILMEMBERS PFLUMM, NEIGHBOR, JENKINS: Nay.

MAYOR DISTLER: And who were the nays? Mr. Neighbor, Mr. Pflumm, Mr. Jenkins. Motion passes.
[Therefore, Councilmember Vaught moved and Councilmember Sandifer seconded to decline the 2017 Johnson County Stormwater Management Program funding for Nieman Road Corridor North: West of Flint to West of Barton Road, TC-21-074. Motion passes 4-3, with Councilmembers Neighbor, Pflumm and Jenkins voting nay.]

b) Decline the 2017 Johnson County Stormwater Management Program funding for the 6200 Block of Nieman Culverts, TC-21-070.

MAYOR DISTLER: The second recommended action is to decline the 2017 Johnson County Stormwater Management Program funding for the 6200 Block of Nieman Culverts, TC-21-070.

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

COUNCILMEMBER NEIGHBOR: My question, again, with these -- the thing about these have been bothering me, okay. The culverts at Nieman, down there at the south end of Nieman by the gas station, then there are also culverts up by the Smoke Shop. Now, do these two plans require the tearing up of the road and replacing those boxes? And are they going to require tearing up Nieman Road with detours and lane closures and things?

MR. WESSELSCHMIDT: Yes. Both projects would require the replacing of the box culverts under Nieman Road.

COUNCILMEMBER JENKINS: Get Nieman and tear it up.

COUNCILMEMBER NEIGHBOR: Yeah. See that -- my dilemma with the whole thing is that we’re sitting here talking and we’re working on Nieman and everything, but we do all that and then we’re going to turn around and tear it up again. And I’m really conflicted if it’s there, if -- it seems to me if for A and B, if we can figure out a way to fix Nieman right the first time through without having to tear it up because nobody is going to go down on that corridor when they know that it’s going to come and be torn up. I think we’re in conflict here of, you know, it’s a chicken and the egg sort of, but if it’s done and done right the first time, then the odds of developing that whole corridor I think are far better. So, that’s --

COUNCILMEMBER PFLUMM: I agree with you a hundred percent.

COUNCILMEMBER NEIGHBOR: That’s why I like A and B if we can figure a way. Now, I don’t know how we solve the problem.

CITY MANAGER GONZALES: It’s actually B and C that I think you’re talking about.

COUNCILMEMBER NEIGHBOR: Excuse me. Okay.

CITY MANAGER GONZALES: The middle is the Nieman Road. And knowing the scheduling and knowing going into this and then knowing the design of Nieman, I mean, we will work -- going to plan for it. We’ll plan ahead to the best that we can, not that we wouldn’t have to tear something out a little bit later and work back. But we’re going to take all those things into account when we do the design of Nieman.

MAYOR DISTLER: Mr. Sandifer.

COUNCILMEMBER SANDIFER: You know, if we just re-stripe Nieman for this year and then --

[Inaudible; talking over one another.]

COUNCILMEMBER PFLUMM: We could probably get a stormwater project for the money you want to spend on re-striping.

COUNCILMEMBER NEIGHBOR: Okay. One more, one thing.

MAYOR DISTLER: I’m sorry?

COUNCILMEMBER NEIGHBOR: And I understand that staff is really loaded with Tidy Town this weekend and things. Is there any way just maybe in a memo to get some preliminary numbers or work or just to have an idea because -- this is, I mean, as the others have said, 3-to-1 in the match is huge. And I don’t have the epiphany or the answer here, but, gee whiz, if we could figure out some way to even -- and maybe we have to hire somebody else, but to get the Nieman stuff done right first, I would be very much in favor of that.

CITY MANAGER GONZALES: We can run numbers. I will tell you that we, I mean, staff -- we’ve looked. If we thought we could have fit it in, we would have brought it to you. I just don’t believe it fits in. It doesn’t. And to Mr. Vaught’s point, this scope, this huge of projects we wouldn’t be talking about one engineer, we would be talking at least one engineer and one tech and probably more than that. Probably two techs at least and maybe another engineer. Currently Cynthia, our one stormwater engineer and her tech that works with her, Matt Pearl, are managing 52nd Street, the Nieman Road project. Those were their two main projects. That was full-time. Then Holliday and the Quivira Road projects got put on their workload. So, projects of that scope like Doug said just take a lot of time, a lot of people time, a lot of calls. And Cynthia is working many, many hours to keep up with just those projects right now. So, to add this much work would require two, three, maybe additional staff people full time.

MAYOR DISTLER: Mr. Pflumm.

COUNCILMEMBER PFLUMM: As far as those positions are concerned, I mean, those are the type of positions that I would want to subcontract anyway. I mean, that may be different than what you were thinking, but if these are -- this is out of the ordinary a little bit. You know, we’re not doing this many big projects every single year and we’re hiring engineers just like Doug said to actually do the work. If we hire someone else to manage those other engineers, I mean, that’s pretty common practice out there in the world.

CITY MANAGER GONZALES: And we absolutely could contract with a firm to manage these projects. Someone is going to have to manage the contract with the engineer. But I would estimate that that contract with the company to manage this scope of projects is going to exceed the cost of in-house staff. It would be temporary, as you said, so we could do it for two to three years, which would be the scope of all this construction. But it would, I believe exceed the cost of hiring the staff.

MAYOR DISTLER: Mr. Jenkins.

COUNCILMEMBER JENKINS: Yes. I would encourage that any staff that would be looking at on something like this because this kind of a -- this would be a surge kind of project, more of a surge. If you go on a surge in staff, but you wouldn’t want a permanent staff that when the surge is over you’ve still got permanent staff there. It would be I think very much be done on a term appointment or something along those lines.

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

COUNCILMEMBER KEMMLING: I guess I’m not a hundred percent clear. We have to respond by the 15th of May on whether we’re going to accept these. Is that --

MR. WESSELSCHMIDT: Yeah. The county, when they sent the intent to proceed forms to us they wanted a reply by May the 15th, so they can then, if we were to decline these projects, then they can work their way down the benefit cost list to whatever city may be behind them.

COUNCILMEMBER KEMMLING: Right. So, I guess my confusion -- I want to have a conversation, but I don’t know how we’re going to do that in six days from now. So, what if we don’t respond by the 15th? What happens?

MR. WESSELSCHMIDT: Well, the county would move on.

COUNCILMEMBER KEMMLING: Okay.

MR. WESSELSCHMIDT: Yeah.

COUNCILMEMBER KEMMLING: It’s like declining it. If we don’t respond by the 15th we’ve declined.

MR. WESSELSCHMIDT: Right. They have this money that needs to be spent. They have cities waiting in line behind us that are waiting on our decision tonight.

COUNCILMEMBER SANDIFER: [Inaudible; talking off mic.]

MR. WESSELSCHMIDT: No, I don’t think so. No, no. I mean, these projects are going to be, I mean, essentially if the funding is turned down tonight, one year from now we’ll be having this same conversation. You know, these projects are going to be offered to us. It’s going to take a certain amount of match money. It’s going to take a certain amount of staff to manage those projects. With some of these other projects hopefully behind us maybe that staff level is lower a year from now than it would be today.

MAYOR DISTLER: Councilmember Meyer.

COUNCILMEMBER MEYER: Yeah. I am just curious about the timing. When were we notified that we were I guess tentatively awarded this additional funding?
MR. WESSELSCHMIDT: I don’t believe too long ago.

COUNCILMEMBER MEYER: Okay.

MR. WESSELSCHMIDT: Yeah. I don’t know --

COUNCILMEMBER MEYER: My thought it just I kind of -- I don’t disagree with having the conversation. I think it’s an interesting idea. I appreciate Councilmember Jenkins bringing it up, but we’re in kind of a six-day window here, so it sort of precludes any meaningful conversation on it I suppose. That aside, I guess I would make a general kind of not directly related, but somewhat related statement that if we do have things like this that are fairly time sensitive, I think it would be helpful if we could have the conversations a little earlier one because I know a couple of times we’ve hit this where we’ve wanted to have a more in-depth conversation, but time has prevented that. So, I would just -- anything we can do to kind of allow more time to go through this process I think would be helpful.

MAYOR DISTLER: Mr. Vaught.

COUNCILMEMBER VAUGHT: And I would say, too, obviously there’s a, you know, an appetite here to accomplish more or accomplish as much as we can. So, if these are available next year, coming into budget season let’s make sure we talk about this in the budget and let’s see if we can’t secure the necessary funds so that we know when we have this meeting next year that we have the funding available to do this and take on whatever we can and also look at it from a staff level.

MAYOR DISTLER: Any more comments from the -- Mr. Pflumm.

COUNCILMEMBER PFLUMM: [Inaudible; talking off mic] mention briefly on, you know, doing a project and then ripping it up and doing another project. I don’t know whatever we need to do. I mean, we –

COUNCILMEMBER JENKINS: It’s makes the re-striping look better.

COUNCILMEMBER PFLUMM: Yeah. Mickey, he’s loving this.

UNIDENTIFIED SPEAKER: [Inaudible; talking off mic]

COUNCILMEMBER PFLUMM: We put these on there and I’ve, you know, I remember when we were going to do the pipe underneath Johnson Drive and, you know, we pushed it off and it was a lot of money and I was against it then. And, you know, we asked for these dollars and they give them to us and then we turn them down. I don’t know that that’s always a positive.

MAYOR DISTLER: Mr. Vaught.

COUNCILMEMBER VAUGHT: Yeah, I know. It’s kind of like being offered $100,000 worth of charging stations and turning them down.

COUNCILMEMBER MEYER: Oh, don’t start with that.

MAYOR DISTLER: Anyone from the audience --

COUNCILMEMBER PFLUMM: In this case it’s $20 million.

MAYOR DISTLER: Anyone from the audience that would like to speak to this item?

COUNCILMEMBER VAUGHT: It’s all relative.

COUNCILMEMBER PFLUMM: And they’re giving it to you.

MAYOR DISTLER: Okay. Seeing none, I will accept a motion.

COUNCILMEMBER VAUGHT: Move for approval on Item B.

COUNCILMEMBER MEYER: Second.

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

COUNCILMEMBERS NEIGHBOR, KEMMLING, VAUGHT, MEYER, SANDIFER: Aye.

MAYOR DISTLER: Opposed nay.

COUNCILMEMBERS PFLUMM, JENKINS: Nay.

MAYOR DISTLER: Mr. Pflumm and Mr. Jenkins were the nays. Motion passes.
[Therefore, Councilmember Vaught moved and Councilmember Meyer seconded to decline the 2017 Johnson County Stormwater Management Program funding for the 6200 Block of Nieman Culverts, TC-21-070. Motion passes 5-2, with Councilmembers Pflumm and Jenkins voting nay.]

c) Decline the 2017 Johnson County Stormwater Management Program funding for the Nieman Road Corridor Middle: East of Barton Road to East of Nieman Rd, TC-021-073.

MAYOR DISTLER: The final recommended action is to decline the 2017 Johnson County Stormwater Management Program funding for the Nieman Road Corridor Middle: East of Barton Road to East of Nieman Rd, TC-021-073.

Does anyone on the Council have any questions? 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. All those in favor say aye.

COUNCILMEMBERS NEIGHBOR, KEMMLING, VAUGHT, MEYER, SANDIFER: Aye.

MAYOR DISTLER: Opposed nay.

COUNCILMEMBERS PFLUMM, JENKINS: Nay.

MAYOR DISTLER: And the nays are Mr. Pflumm and Mr. Jenkins. Motion passes.
[Therefore, Councilmember Vaught moved and Councilmember Sandifer seconded to decline the 2017 Johnson County Stormwater Management Program funding for the Nieman Road Corridor Middle: East of Barton Road to East of Nieman Rd, TC-021-073. Motion passes 5-2, with Councilmembers Pflumm and Jenkins voting nay.]

I. MISCELLANEOUS ITEMS

1. RATIFY SEMI-MONTHLY CLAIM FOR MAY 9, 2016, IN THE AMOUNT OF $2,123,045.59.

MAYOR DISTLER: The next item is Miscellaneous Items. Item Number 1 is to Ratify the Semi-monthly Claim for May 9, 2016, in the Amount of $2,123,045.59.

Does anyone on the Council have any questions? Anyone from the audience that 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. All those in favor say aye.

COUNCILMEMBERS: Aye.

MAYOR DISTLER: Opposed nay. Motion passes.
[Therefore, Councilmember Sandifer moved and Councilmember Meyer seconded to ratify the semi-monthly claim for May 9, 2016, in the amount of $2,123,045.59.]

2. MISCELLANEOUS COUNCIL ITEMS.

MAYOR DISTLER: Item Number 2 is Miscellaneous Council Items. Does anyone on the Council have any item they would like to discuss? Mr. Jenkins.

COUNCILMEMBER JENKINS: Yes. My discussion would just revolve around Item 7 which we just voted on. And I just wanted to go on the record is that the vote I gave of nay was not so much dealing with these projects as against the process that we’ve had here. The process was lacking in giving us the time to really mull these over, to give us the information we needed to really make a sound decision on how we wanted to go with these things. I brought this up last year during the last cycle we did the budget cycle last year. And I brought up that I really hated during money back and now we’re turning money back again this year. We did nothing any different than we did last year. We used the same process. Here we are six days out and we’ve got to spit out a decision tonight. You know, I just find that unacceptable. That’s not the way to do business. And I think that does a disservice to the Council. We want to make good sound decisions. We want to do a good job. Give us the information we need, please. Thank you.

MAYOR DISTLER: Thank you. Anyone else? Mr. Kemmling.

COUNCILMEMBER KEMMLING: At the last Committee meeting Councilmember Pflumm had brought up an issue with trying to get minutes or download packets from the website. And I had that conversation with Mel after the meeting about it and he’s already fixed the problem at least I was having, so thanks for working on that getting it done so quickly.

MAYOR DISTLER: Mr. Pflumm.

COUNCILMEMBER PFLUMM: And, Mel, I haven’t tried his version because Stephen e-mailed me the PDF, which I love. So, anyway, when I get an e-mail like that it’s in my to-do list, like I have one from another gentleman here at the City that I haven’t addressed yet, but it’s still in there and I eventually get back down there to them and cover them. But I really appreciate that, Stephen. So, and I will go check to see that it works for me, too. So, thank you.

MAYOR DISTLER: Any other items?

J. ADJOURNMENT

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

COUNCILMEMBER SANDIFER: Motion to adjourn.

COUNCILMEMBER JENKINS: So moved.

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.
[Therefore, Councilmember Sandifer moved and Councilmember Jenkins seconded to adjourn. Motion passes 7-0.]

(Shawnee City Council Adjourned at 8:28 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 May 17, 2016

Deborah A. Sweeney, Recording Secretary

APPROVED BY:

_______________________

Stephen Powell, City Clerk











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