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CITY OF SHAWNEE
CITY COUNCIL MEETING
MINUTES
August 22, 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 Sunderman
Councilmember KemmlingCity Clerk Powell
Councilmember VaughtCity Attorney Rainey
Councilmember MeyerFinance Director Rogers
Councilmember SandiferPlanning Director Chaffee
Councilmember KenigPublic Works Director Whitacre
Parks and Recreation Director Holman
IT Director Bunting
Police Chief Moser
Fire Chief Mattox
Deputy Parks and Recreation Dir. Lecuru
Chief Codes Administrator Thompson
Sr. Project Engineer Moeller-Krass
Communications Manager Breithaupt
Management Analyst Schmitz
Economic Dvlpmnt. Council, Andrew Nave
(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: Here.

MAYOR DISTLER: Councilmember Meyer.

COUNCILMEMBER MEYER: Present.

MAYOR DISTLER: Councilmember Sandifer.

COUNCILMEMBER SANDIFER: Present.

MAYOR DISTLER: Councilmember Kenig.

COUNCILMEMBER KENIG: Present.

MAYOR DISTLER: Thank you.

B. PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE

MAYOR DISTLER: Please stand and join us for 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. 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


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: Second.

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

COUNCILMEMBERS: Aye.

MAYOR DISTLER: Opposed nay. Motion passes.
[Therefore, the motion was made by Councilmember Sandifer and seconded by Councilmember Pflumm to approve the Consent Agenda. The motion passed 8-0.]

D. MAYOR’S ITEMS

MAYOR DISTLER: The next item on the agenda is Mayor's Items, and I do not have anything tonight.

E. APPOINTMENTS

1. CONSIDER APPOINTMENT TO THE PLANNING COMMISSION

MAYOR DISTLER: The next item is Appointments. Item Number 1 is to consider appointment to the Planning Commission. I am recommending the appointment of Rusty Mudgett to the Planning Commission with a term ending on June 30th of 2019. Does anyone on the Council have any questions? 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 MEYER: Second.

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

COUNCILMEMBERS: Aye.

MAYOR DISTLER: Opposed nay. Motion passes.
[Therefore, the motion was made by Councilmember Vaught and seconded by Councilmember Meyer to approve the appointment of Rusty Mudgett to the Planning Commission with a term expiring June 30, 2019. The motion passed 8-0.]

F. BUSINESS FROM THE FLOOR

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

G. PUBLIC ITEMS

1. CONDUCT A PUBLIC HEARING TO CONSIDER PROJECTS FOR THE 2017 COMMUNITY DEVELOPMENT BLOCK GRANT ANNUAL PLAN.

MAYOR DISTLER: The next item is Public Items. Item No. 1 is to Conduct a Public Hearing to Consider Projects for the 2017 Development Block Grant Annual Plan. This is the first of two required public hearings to consider proposed projects for the Community Development Block Grant (CDBG) funds in an estimated amount of $233,632.

Several months ago, Councilmembers had requested an educational presentation on CDBG. Staff has not been able to get that completed and on a Committee agenda yet, so tonight Lauren Grashoff, Neighborhood Planner, will incorporate some background information into her presentation on this year's plan.

a) Conduct a Public Hearing

There are three actions needed on this item. The first is to conduct a public hearing. Following public comments, I will ask for a motion to close the public hearing. Once the public hearing is closed, we will have council discussion.

I will accept a motion to conduct a public hearing on the 2017 Community Development Block Grant Annual Plan.

COUNCILMEMBER SANDIFER: Motion to conduct a public hearing.

COUNCILMEMBER PFLUMM: Second.

MAYOR DISTLER: A motion has been made and seconded to conduct a public hearing. All those in favor say aye.

COUNCILMEMBERS: Aye.

MAYOR DISTLER: Opposed nay. Motion passes.
[Therefore, the motion was made by Councilmember Sandifer and seconded by Councilmember Pflumm to conduct a public hearing. The motion passed 8-0.]

We are now in a public hearing. This is a formal public hearing required by law. The public hearing will begin with the presentation. After Ms. Grashoff's presentation, I will ask the Councilmembers if they have any questions specifically related to the presentation.
I will then ask if there are any comments from the public. If anyone from the audience would like to speak during the public hearing, please raise your hand and I will recognize you to come forward.

Ms. Grashoff, please go ahead.

MS. GRASHOFF: All right. Thank you. Good evening. All right. As Mayor Distler said, I’m going to give just sort of a broad overview of what the Community Development Block Grant program is and then I’ll delve into Shawnee’s program and then look at what we are proposing for projects for fiscal year 2017.

[What is CDBG slide]
So, what is CDBG or Community Development Block Grant? This is a program that is handled through the federal government, the U.S. Department of Housing and Urban Development. This is an annual grant program for localities and states in the hopes -- the goal of creating viable communities. And HUD says block communities are decent housing, suitable living environments, and then expanded economic opportunities. And these are programs that are intended to serve primarily low and moderate income persons.

[CDBG grantees slide]
So, every year the federal government allocates funding for what are called entitlement communities. So, those would be cities and then counties. Cities with a population of 50,000 or more, and then counties with a population of 200,000 or more. And those funds come directly from HUD and then those entities can delegate those funds and use those funds with some discretion. And then if cities or counties don’t meet those population thresholds, then we -- the funds will go to state entities, usually the state. And then typically through a competitive process those funds are allocated to smaller towns and rural counties.

[Program Objectives slide]
So, the program objectives of the overall CDBG program requires that grantees are responsible for making sure that their annual activities are eligible and meet those national objectives. Then that again would be benefitting low and moderate income persons, preventing or eliminating blight, and then meeting urgent needs. And that would be like disaster recovery funding for that.

[Federal Program Guidelines slide]
The federal program guidelines sort of set a broad requirement for how we can use our funding every year. The programs again can serve low and mod clientele. That means persons with income below 80 percent of our median income for the area. HUD resets those every year and they do change. They vary by metropolitan area, so we are with the Kansas City Metropolitan Area. Then just for an example, just to give you an idea. A family of four in 2016 that makes 80 percent of the median income is around $58,000 in Johnson County and Kansas City.

And then only 15 percent of our annual funding could be used for public service providers. So, for instance we give our public service providers, our YMCA, Johnson County Parks and Rec, Catholic Charities of Northeast Kansas City and Salvation Army.

And then beyond serving just low and mod clientele, we can also allocate funding for -- to provide an area of benefit. So, we are allowed to serve areas that have at least 44.37 percent of the residents in a low-mod income area. So, these would be like for our infrastructure projects that serve a sort of wider group. It’s the census block groups. That’s how those numbers come about.

[Program Funding slide]
Program Funding. Funding is obligated annually by the federal government and it does vary a little bit. It’s based on population, our low to mod income persons and other various factors from metropolitan areas. The dollars are allocated from year to year, again, like I said, can fluctuate. The past several years it’s been around $230,000 give or take $10,000. We have estimated this year to stay at the same level of funding as we did last year. We don’t know our funding level quite yet. And then the City has discretion regarding projects which can be funded as long as they meet those overall broad goals set by HUD.

[Program Funding slide 2]
So, some examples of eligible activities would be public facilities. So, what we have done the past several years has been infrastructure improvements with street, stormwater and sidewalk improvements in the area benefit. And then we have housing rehabilitation or lead base paint testing for housing-related activities. There are public services, so job training, employment services, childcare, just some of the many examples that funding could be used for. And then also economic development, which could include commercial rehabilitation.

[Shawnee’s CDBG Program slide]
So, the City’s CDBG program, we actually became an entitlement city over that 50,000 population mark in 2004. And our program year runs January 1st to December 31st. So, that means we can, even though we may not have the funding, we can certain spend funding from January 1 to December 31st.

And then activities can only serve Shawnee residents. So, that would have to be that area benefit or residents that live within our city limits.

Every five years a consolidated plan must be adopted to establish our specific goals and activities. In September 22nd, 2014, the Council did adopt the most recent consolidated plan. That was the 2015-2019 consolidated plan. And those priorities that you all identified and approved were to be to:
[Shawnee’s CDBG Program slide 2]
So, based on those larger goals in the annual plan then we set through or established priority program needs. And so this would be:
[Annual Planning Process slide]
So, the annual planning process, within that five-year consolidated plan every year we adopt -- accept an annual plan. And this is developed again on those objectives that have already been identified and these set out these specific activities every year. So, for this process every year we solicit sub-recipients, so those public service providers, in early June. Those applications are sent to organizations that might call us or e-mail us, have inquiries about participating in the program, and then also our past grantees that we have a solid relationship with and continue to work with us every year.

After that, we have just an informational meeting open to the general public and any sub-recipients that might want to come and just get some background information about the program. And then we have the sub-recipient applications are due in mid-July. And then tonight we are hearing the first public hearing for our human service providers. In September, late September, we will have a public hearing to approve the annual plan. And then after that there is a 30-day comment period that is required from HUD. So, once that’s finalized, it would be typically towards the end of the year once we submit the annual plan for approval from HUD.

[Shawnee’s CDBG Program slide]
So, in 2016, HUD awarded us $233,632 in entitlement funds. We allocate this every year through the annual plan. The grant application is expected in ‘17 to be the same as the 2016 funds. And only 15 percent of those funds can be used on those public service providers. So, it comes out to be about $35,000.

[Shawnee’s CDBG Eligible Areas slide]
And this is just a map of the CDBG eligible areas in Shawnee. There are 11 different block groups out of the 44 total that we have in Shawnee. So, these would be where we could help people with the area benefit, possible infrastructure improvements.

[2017 Annual Plan slide]
So, finally, the 2017 annual plan, it’s what we’ve seen for the past several years. We are proposing to do an infrastructure improvement, which would be street, stormwater and sidewalk improvements on 59th Terrace from Barton to King. And this has been identified previously in the capital improvement program. Minor home repair program for $25,000. And that typically helps about ten people do rehab repair projects on their homes every year.

And then finally, what we are asking for approval tonight would be for the public service providers. This year we received four applications for this. And these are the same four applications, sub-recipients that we’ve had since -- some of them since 2004. Catholic Charities came about in 2013. So, we do bring all the applications forward to Council for approval. And it’s up to you guys to decide which ones you want to fund. So, the YMCA, they are providing -- asking for funds to provide childcare for after school. Catholic Charities is asking for funds to provide rent and utility assistance. So, that’s the same with Salvation Army as well. And then Johnson County Parks and Rec, they also provide childcare services. So, assisting with those programs.
Like I said, we have four applications. We typically don’t get more than four just because some of the reporting requirements that HUD requires are a little stringent, some extra auditing requirements that could put just an additional financial and resource strain on some of the applicants. So, the four we have tonight here have been working with the county and other cities and then us as well for many years, so they have the staff and resources to be able to undertake these projects. And then on top of these, I just want to note that we also, the City, you guys allocate in the General Fund funding for the Johnson County Utility Assistance Program. We also give administrative funds to minor home repair, which some of it would be for repair and some of it would be for administrative costs, the United Community Services, Shawnee Community Services, Rebuilding Together Shawnee and the Special Olympics.

So, with that, I will take any questions.

MAYOR DISTLER: Does anyone on the Council have any questions? Mr. Sandifer.

COUNCILMEMBER SANDIFER: I was thinking the CDBG money could not be used for administrative uses.

MS. GRASHOFF: It can and there’s a limit on that. We just haven’t in the past. We just strictly use it to help either the infrastructure, the minor home repair or those providers. And none of those funds go to administrative costs. We do allocate in the General Fund to pay for some of the administrative, yeah.

MAYOR DISTLER: Any other questions? Mr. Jenkins.

COUNCILMEMBER JENKINS: Why don’t I just -- I think I heard you say that this a population based, so it’s just a formula kind of thing.

MS. GRASHOFF: It is. Yeah.

COUNCILMEMBER JENKINS: The dollars are determined based on some multiplication factor times population?

MS. GRASHOFF: Yeah.

COUNCILMEMBER JENKINS: I was just wondering. There’s no way to increase it or submit proposals or anything like that.

MS. GRASHOFF: Unfortunately not through this program. You know, there are several grant programs that the federal government has, and even HUD that, you know, but they would be based on whatever their criteria for those different programs are.

COUNCILMEMBER JENKINS: Thank you.

MAYOR DISTLER: Any other questions? Is there anyone in the audience who would like to speak to this item? Okay. Thank you, Lauren.

b) Conclude the Public Hearing

MAYOR DISTLER: So, the next action is to close the public hearing. I will accept a motion.

COUNCILMEMBER JENKINS: So moved.

COUNCILMEMBER SANDIFER: Motion to close the public hearing.

COUNCILMEMBER PFLUMM: Second.

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

COUNCILMEMBERS: Aye.

MAYOR DISTLER: Oppose nay. Motion passes.
[Therefore, the motion was made by Councilmember Jenkins and seconded by Councilmember Pflumm to close the public hearing. The motion passed 8-0.]

c) Approve projects for the 2017 CDBG application to include 59th Terrace Improvements-King to Barton, Minor Home Repair Program, Salvation Army, Catholic Charities of Northeast Kansas, YMCA of Greater Kansas City and Johnson County Parks and Recreation.

MAYOR DISTLER: The final recommended action is to consider approving projects for the 2017 CDBG application to include 59th Terrace Improvements-King to Barton, Minor Home Repair Program, Salvation Army, Catholic Charities of Northeast Kansas, YMCA of Greater Kansas City and Johnson County Parks and Recreation.

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

COUNCILMEMBER PFLUMM: Move for approval.

COUNCILMEMBER NEIGHBOR: Second.

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.
[Therefore, the motion was made by Councilmember Pflumm and seconded by Councilmember Neighbor to approve projects for the 2017 CDBG application to include 59th Terrace Improvements-King to Barton, Minor Home Repair Program, Salvation Army, Catholic Charities of Northeast Kansas, YMCA of Greater Kansas City and Johnson County Parks and Recreation. The motion passed 8-0.]

H. ITEMS FROM THE PLANNING COMMISSION MEETING OF AUGUST 1, 2016

1. CONSIDER Z-03-16-08, AN ORDINANCE REZONING FROM RESIDENTIAL ESTATES TO COMMERCIAL HIGHWAY LOCATED AT 15220 MIDLAND DRIVE.

MAYOR DISTLER: The next item is H, Items from the Planning Commission Meeting of August 1, 2016. Item No. 1 is to Consider Z-03-16-08, an Ordinance Rezoning from Residential Estates to Commercial Highway Located at 15220 Midland Drive.

The Planning Commission recommended 8-0 that the Governing Body approve Z-03-16-08. An ordinance is required.

The recommended action is to consider passing the Ordinance. 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 KENIG: Second.

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

COUNCILMEMBERS: Aye.

MAYOR DISTLER: Opposed nay. Motion passes.
[Therefore, the motion was made by Councilmember Neighbor and seconded by Councilmember Kenig to pass an Ordinance rezoning from Residential Estates to Commercial Highway located at 15220 Midland Drive subject to the conditions listed in the staff report. The motion carried 8-0.]
(Having passed, Ordinance No. 3164 was assigned.)

I. ITEMS FROM THE COUNCIL COMMITTEE MEETING OF AUGUST 16, 2016, CHAIRED BY COUNCILMEMBER MEYER.

MAYOR DISTLER: The next item is Items from the Council Committee Meeting of August 16, 2016, Chaired by Councilmember Meyer.

1. CONSIDER A CHARTER ORDINANCE, REVISIONS TO POLICY STATEMENT, PS-7, CONDUCT OF PUBLIC MEETINGS, AND A NEW POLICY STATEMENT RELATED TO CITY ELECTIONS AND VACANCIES.

COUNCILMEMBER MEYER: Sure. Just one item tonight. It is to consider a Charter Ordinance, Revisions to Policy Statement PS-7, Conduct of Public Meetings, and a new Policy Statement related to the City elections and vacancies.

The Council Committee voted 6-2 to forward to the Governing Body for consideration a Charter Ordinance reflecting a hybrid process for filling a vacancy. The Committee also voted 8-0 to forward to the Governing Body for consideration revisions to Policy Statement, PS-7, Conduct of Public Meetings, and a new Policy Statement related to the vacancy appointment process.

MAYOR DISTLER: Okay. Does anyone on the Council have any questions? Anyone from the audience that would like to speak to this item?

a) Pass a new Charter Ordinance regarding City Council elections and vacancies.

MAYOR DISTLER: I’ll accept a motion to pass a new Charter Ordinance regarding City Council elections and vacancies.

COUNCILMEMBER KENIG: 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.

MR. RAINEY: Mayor, I’m sorry. By statute and by our Charter Ordinance, we’re required to register the Mayor’s vote on that item.

MAYOR DISTLER: Oh, okay. Aye.
[Therefore, the motion was made by Councilmember Kenig and seconded by Councilmember Neighbor to pass a new Charter Ordinance regarding City Council elections and vacancies. The motion carried 9-0 with the Mayor voting in aye.]
(Having passed, Charter Ordinance No. 45 was assigned.)

b) Approve revisions to Policy Statement, PS-7, Conduct of Public Meetings
MAYOR DISTLER: The next action is to consider -- same for this one?

MR. RAINEY: No.

MAYOR DISTLER: Okay. The next action is to consider approving revisions to Policy Statement, PS-7, Conduct of Public Meetings.

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 KENIG: Move for approval.

COUNCILMEMBER NEIGHBOR: Second.

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

COUNCILMEMBER MEYER: Aye.

MAYOR DISTLER: Opposed nay. Motion passes.
[Therefore, the motion was made by Councilmember Kenig and seconded by Councilmember Neighbor to approve revisions to Policy Statement, PS-7, Conduct of Public Meetings. The motion carried 8-0.]

c) Approve a new Policy Statement regarding the vacancy appointment process.

MAYOR DISTLER: The final action is to consider approving a new Policy Statement regarding the Council vacancy appointment process.

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

COUNCILMEMBER KENIG: 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, the motion was made by Councilmember Kenig and seconded by Councilmember Neighbor to approve a new Policy Statement regarding the vacancy appointment Process. The motion carried 8-0.]
(Having passed, Policy Statement No. 71 was assigned.)

J. STAFF ITEMS

1. CONSIDER AGREEMENT FOR CONSTRUCTION PROJECT MANAGEMENT SOFTWARE SYSTEM CONTRACT TO E-BUILDER, INC.

MAYOR DISTLER: The next item is Staff Items. Item No. 1 is to Consider Agreement for Construction Project Management Software System Contract to e-Builder, Inc.

A multitude of products are currently used to manage Capital Improvement Projects. Staff issued a Request for Proposal and is recommending a Construction Project Management Software System from e-Builder, Inc. for an amount not to exceed $138,225.

The recommended action is approving and authorizing the Mayor to sign the agreement. Does anyone on the Council have any questions? Mr. Pflumm?

COUNCILMEMBER PFLUMM: Yeah. I kind of was questioning why we need this software in particular when, you know, it’s relatively high cost compared to Microsoft Project that’s $250.

CITY MANAGER GONZALES: I’ll let Mr. Schmitz, he’s the expert on this.

MR. SCHMITZ: Matthew Schmitz, Management Analyst, Development Services. Do you want to get into the presentation that we’ve put together, or do you want to just address the differences between this product and the Project?

CITY MANAGER GONZALES: Why don’t you start with that? And then if there is more questions -- Matthew does have a couple slides and a presentation if you want to see it. It’s up to you.

COUNCILMEMBER PFLUMM: Sure.

MR. SCHMITZ: The main differences between this and Project, Project is limited in scope on what it will do. It works good for scheduling and employee scheduling and time tracking and things like that, but it doesn’t do invoices and it doesn’t do online bidding. It doesn’t do all the different functions that e-Builder will do for us. So, that’s really the easiest answer to it. Like I said, if you want to go through the presentation we can.

COUNCILMEMBER PFLUMM: I’d think we would. I would like to see it.

MAYOR DISTLER: Okay.

COUNCILMEMBER PFLUMM: We could do it offline or we can do it here.

MR. SCHMITZ: No, we can do it right now.

[Why do we need CPM Software? slide]
So, first question right off the bat, why do we need it. The biggest reason that we’re asking, or that we’re presenting this to the Council for approval is for management of capital projects. We have several major projects coming up in the next year or so that are above what we normally do, so we want to try to be as efficient as we can and this software would help us to do that. It also provides for budgetary tracking. Will in the future help us to leverage other software products. In particular, sometime down the road if we look at replacing the finance product this product would integrate with that directly and help make the process for our department as far as approving invoices and things like that and make it a paperless process between what we do in Development Services and what Finance does on their side.

It also helps us with searches and report generation. There’s a lot of reports built into the product right out of the box for budgetary analysis, project analysis, looking at how much we spend for, say for instance for curb and gutter over the last two years. Once we’ve got data in the product we can go back and look and see on average what it costs for all of our projects for that type of stuff.

[Dashboard slide]
This is a dashboard that would be what our project managers would see once we are integrated with the product. And it kind of goes through and shows some of the main items that a project manager would want to see right off the bat as far as the status of the projects, how much workload they have, where they are budgetary, budget-wise and invoice, all that stuff. It’s all integrated into the software so that we can keep track of those numbers.

[Program Status Report slide]
This is another report that just kind of shows -- it’s the project status report, but it shows the number, the manager, the start date, the finish date, you know, original budget, what the budget current budget is, current commitments that we have, what invoices have actually been approved and then what we estimate the project is going to end up costing us in the end as we go through the project.

[Abilities of Software Package slide]
So, the software package like I talked about a little bit earlier gets into scheduling, costing, document storage, online bidding. Which we do online bidding right now, but we do that through a separate provider. This would be basically one large program that allows us to integrate everything together and do all of it in one spot. One of the big things that this does for us also is right now we have inspectors who go out in the field and they inspect the project. They fill out a PDF form and they have to e-mail it back or we do it. You know, it’s generally there is a lag there. There is several days up to a week or more between what’s the deal versus when our project managers can actually see what’s being inspected out there.

This product has mobile device access, so somebody in the field with an iPad takes a picture of something and does an inspection on it, it immediately goes to that project manager. It’s not instant, but it’s very quick. They can see it right away. If somebody in the field has a question about a project, it also allows them to ask that question through that device.

The submittal process becomes paperless with this, or can become paperless with this. So, if we have contractors submitting shop drawings, invoices, all of that type of stuff, it can all be done electronically through the system and it reduces our paper.

And then map production as well. The product has the ability to generate maps automatically of where our capital improvement projects are at the time, where they’re going on. Those maps can then be integrated with our website so that we can show that data basically as fast as it gets put into the system.

COUNCILMEMBER PFLUMM: So, how do they log on if they’re providing submittals?

MR. SCHMITZ: What we plan to do at this point and the proposal that they gave us includes, there are more users included in the program than what we have in our department. So, we would be able to set up a user or different levels of access depending on if we wanted to do one for consultants and one for contractors. It would then allow them to use that -- using a password basically to get into the system to submit those papers through the system that way.

[Abilities of Software Package slide 2]
The system also includes document review. You can do plan markups. You can do plan review electronically in the system. And then you can, you know, once you get that done you can send it right back to the contractor or to the design consultant, whoever is doing the work. But again, it’s paperless. It all is electronic.

We talked a little bit earlier about the compatibility of finance software.

It does a lot of the ability for time tracking. Some of our projects we have to require it that we do, especially some of the ones that have federal monies. If you get into FEMA and stuff like that you have to track the time that you spend doing that stuff.

This product would also allow us to have a more consistent close-out process when we close a job or archive a job. We would be able to have a package put together for that so that we can archive that and not have things stored in multiple different places. Then like we talked about the reporting.

There is also, as time goes on with the product and we continue to use it, we would have a list of consultants and contractors that we’ve used in the past. We’d be able to see how much work we’ve given them in the past, how many contracts we’ve given them. Again, it’s a lot of about data analysis and being able to see what we’ve done.

[Comparable Cities who use e-Builder slide]
These are some of the comparable cities that use e-Builder, their population and then what their CIP programs are. If you’re curious, our CIP as we are planning at this point is approximately -- for 2016, what’s under construction plus what’s under design right now is about $21.6 million.

[Funding slide]
Funding for this was included in the 2015 budget at $25,000. We underestimated obviously what the cost was going to be to do this. And so that’s why in the 16R budget we included the $125,000 in the Equipment Reserve Fund to fund the rest of the project. There is a $30,000 a year annual maintenance cost to this product as well. And that is budgeted in the Development Services Department for beginning in 2017, and would be budgeted as Professional Services under that budget moving forward.

CITY MANAGER GONZALES: Any other questions?

COUNCILMEMBER PFLUMM: No, I’m good right now. Thanks.

COUNCILMEMBER KENIG: I had a question.

MAYOR DISTLER: Mr. Kenig and Ms. Meyer.

COUNCILMEMBER KENIG: I saw that kind of deep within the proposal there was a mention of Amazon GovCloud and e-Builder’s clients having access to that. Is that like a security program? How does that work?

MR. SCHMITZ: So, this is a cloud-based product. It’s not hosted in-house, it’s hosted on Amazon’s servers. What they’re talking about with Amazon GovCloud is Amazon has a dedicated section of services just for government products basically. I don’t know off the top of my head what the differences are in security levels, but it’s designed to be a more secure platform than their normal services are.
COUNCILMEMBER KENIG: Okay. And that’s something that’s included within the agreement?

MR. SCHMITZ: Yes.

COUNCILMEMBER KENIG: Okay. Thank you.

MAYOR DISTLER: Ms. Meyer.

COUNCILMEMBER MEYER: I guess less of a question and more of a comment. This is a little bit of the world I live in now working for a general contractor and we don’t use this same management software, but the price is in line. I think we probably pay more. So, just for a frame of reference in terms of costs it’s a robust system and they’re not inexpensive, so thank you for the presentation.

MR. SCHMITZ: Thank you.

MAYOR DISTLER: Any other questions or comments from the Council? Anyone from the audience that would like to speak to this item? Okay. I will 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.

COUNCILMEMBER JENKINS: I didn’t get my aye in there, but.
[Therefore, the motion was made by Councilmember Vaught and seconded by Councilmember Meyer to approve and authorize the Mayor to sign an agreement with e-Builder, INC. for an amount not to exceed $138,225 for a new Capital Project Management Software System for the Development Services Department. The motion passed 8-0.]

2. APPROVE FINAL PLANS AND AUTHORIZE STAFF TO ADVERTISE FOR BIDS FOR THE VEHICLE AND EQUIPMENT SHELTERS AT THE PUBLIC WORKS SERVICE CENTER, P.N. 3419.

MAYOR DISTLER: Item No. 2 is to Approve Final Plans and Authorize Staff to Advertise for Bids for the Vehicle and Equipment Shelters at the Public Works Service Center, P.N. 3419. The Public Works Department has 16 covered parking stalls for small vehicles and out-of-service vehicles being repaired. Additional stalls are needed to protect the $4 million worth of vehicles and equipment from weather elements. Staff worked with CEO Structural Engineers on design, construction administration and inspection services for the project. Final Plans were posted on the City's website. Staff is recommending advertising Shelters No. 1 and 2 for bid. The 2016 Budget includes $300,000 for the project.
There are two recommended actions. The first is to consider approving final 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 NEIGHBOR: So moved.

COUNCILMEMBER SANDIFER: Second.

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

COUNCILMEMBERS: Aye.

MAYOR DISTLER: Opposed nay. Motion passes.
[Therefore, the motion was made by Councilmember Neighbor and seconded by Councilmember Sandifer to approve the final plans for P.N. 3419. The motion passed 8-0.]

MAYOR DISTLER: The second action is to Consider Authorizing Staff to Advertise for Bid.

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

COUNCILMEMBER NEIGHBOR: So moved.

COUNCILMEMBER MEYER: Second.

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

COUNCILMEMBERS: Aye.

MAYOR DISTLER: Opposed nay. Motion passes.
[Therefore, the motion was made by Councilmember Neighbor and seconded by Councilmember Meyer to authorize staff to advertise for bid. The motion passed 8-0.]

3. AFFIRM AUTHORIZATION TO AWARD LAKECREST DRIVE AND JOHNSON DRIVE EMERGENCY STORMWATER PIPE REPAIR PROJECT, P.N. 3421 TO SAK CONSTRUCTION, INC.

MAYOR DISTLER: Item No. 3 is to Affirm Authorization to Award Lakecrest Drive and Johnson Drive Emergency Stormwater Pipe Repair Project, P.N. 3421 to SAK Construction, Inc.

On July 25th, 2016, a sinkhole was reported on Johnson Drive just east of Lakecrest Drive. It was caused by the failure of a 54-inch corrugated metal pipe. Due to the size and location of the failure, it warranted an emergency repair declaration. Staff requested quotes from two contractors. The City Manager authorized staff to contract with SAK Construction, Inc. of O'Fallon, Missouri in the amount of $99,408.20 for emergency repairs.

The recommended action is to affirm the City Manager's authorization to award the Lakecrest Drive and Johnson Drive Emergency Pipe Repair Project, P.N. 3421 to SAK Construction, Inc. in the amount of $99,408.20.

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

COUNCILMEMBER VAUGHT: Move for approval.

COUNCILMEMBER KENIG: 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, the motion was made by Councilmember Vaught and seconded by Councilmember Meyer to award the Lakecrest Drive and Johnson Drive Emergency Pipe Repair Project, P.N. 3421 to SAK Construction, Inc. in the amount of $99,408.20. The motion passed 8-0.]

4. CONSIDER AN AGREEMENT WITH SWALLOW TAIL LLC FOR STREAM MITIGATION CREDITS FOR THE NIEMAN ROAD CORRIDOR SOUTH STORM DRAINAGE IMPROVEMENTS PROJECT, P.N. 3400, SMAC TC-21-072.

MAYOR DISTLER: Item No. 4 is to Consider an Agreement with Swallow Tail LLC for Stream Mitigation Credits for the Nieman Road Corridor South Storm Drainage Improvements Project, P.N. 3400, SMAC TC-21-072.

This project is on the Capital Improvement Plan for 2016 and construction is underway. The City is required to purchase Stream Mitigation Credits because the Turkey Creek Tributary is considered navigable waters as defined by the U.S. Army Corps of Engineers. The total cost for the credits is $113,800 and requires an agreement.

The recommended action is to consider approving and authorizing the Mayor to sign the agreement. Does anyone on the Council have any questions? Anyone in the audience that would like to speak to this item? I’ll accept a motion.

COUNCILMEMBER NEIGHBOR: So moved.

COUNCILMEMBER SANDIFER: Second.

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

MAYOR DISTLER: Opposed nay. Motion passes.
[Therefore, the motion was made by Councilmember Neighbor and seconded by Councilmember Sandifer approve and authorize the Mayor to sign the Mitigation Credit Agreement with Swallow Tail, LLC for the purchase of 2,276 stream credits in the amount of $113,800 for the Nieman Road Corridor South Storm Drainage Improvements Project, P.N. 3400, SMP TC-021-072. The motion passed 8-0.]

K. MISCELLANEOUS ITEMS

1. RATIFY SEMI-MONTHLY CLAIM FOR AUGUST 22, 2016, IN THE AMOUNT OF $4,688,646.16.

MAYOR DISTLER: The next item is Miscellaneous Items. Item No. 1 is to Ratify the Semi-Monthly Claim for August 22, 2016, in the Amount of $4,688,646.16.

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: Aye.

MAYOR DISTLER: Opposed nay. Motion passes.
[Therefore, the motion was made by Councilmember Vaught and seconded by Councilmember Sandifer to ratify the Semi-Monthly Claim for August 22, 2016, in the amount of $4,688,646.16. The motion passed 8-0.]

2. MISCELLANEOUS COUNCIL ITEMS.

MAYOR DISTLER: Item No. 2 is Miscellaneous Council Items.

Does anyone on the Council have an item they would like to discuss? Mr. Neighbor?

COUNCILMEMBER NEIGHBOR: Yes. As we’re all aware there was a very tragic accident or incident last Tuesday night when young Treyvon Mays drowned in the Lakeview Pond. Anyway, a memorial fund has been set up for Treyvon and his family. You can mail checks to the Treyvon Mays Memorial Fund in care of Country Club Bank at 21911 West 66th Street, Shawnee, KS 66226.

Thanks to Charlie Vogt who helped organize a lot of this and has met with Treyvon’s family. Many local organizations and people have already donated, including the Shawnee Rotary Club.

Firehouse Subs owners Robin and Steve Heath are teaming up within the Shawnee Mission Northwest High School student group called Cougars Concerned for the Community for a fundraiser August 31st at Firehouse Subs from 10:30 to 8:00. A portion of the proceeds will go to Treyvon’s Memorial Fund.

There will be an article in Wednesday’s Shawnee Dispatch. There’s been articles on local TV stations already.

Treyvon loved to go play basketball and spent a lot of time the Civic Centre, and many of his friends have signed a basketball they are going to give to him. Also Shawnee Mission Northwest Principal Lisa Gruman and staff have been very appreciative of all of the help they received from Police, Fire, City and local businesses and schools and the entire community. In fact, donations can be dropped off at the Shawnee Mission Northwest office and also can be dropped off at Country Club Bank. You don’t necessarily have to mail them in.

This is such a tragedy that speaks volumes that the community is coming together to rally around this boy’s family and help in whatever we can. Again, I’m sure this has touched all of us. We we’re a very busy city of 65,000 people that go about our lives. It’s just difficult to believe that there are some families among our midst that are in very, very severe financial difficulty. And it is -- I think it’s a tribute to everyone. And all of those that live in Shawnee that come together, help this family out, give them a hand up so they can get back on their feet and start to live a productive meaningful life for themselves and their family.

MAYOR DISTLER: Thank you, Mr. Neighbor. Mr. Kenig.

COUNCILMEMBER KENIG: Yes. A couple things I wanted to highlight. I want to acknowledge the fantastic job our Police Department did with the Open House National Night Out a couple weeks ago. So, that was Tuesday in front of the Walmart Neighborhood Market. It was a very hot, humid day. I know the Mayor was there. I was there. The turnout was phenomenal. It was very encouraging to see the community turn out for that type of event and I hope to see more of those types of events in the future and maybe rotate them around the city. So anyway, great job to our officers for that.

And then the other item this past Friday was the Johnson County Police Academy graduation. So, we had two officers that graduated from that, Jacob Dee and Corey Kenney in the 118th class. So, happy to have them join the PD and be able to see their entire experience at the academy and what they’ve gone through and happy to have them in the city.

MAYOR DISTLER: Thank you. Any other? Mr. Pflumm.

COUNCILMEMBER PFLUMM: Yeah. I just wanted to thank all of our guys that helped with the Treyvon Mays accident. And I also wanted to thank the other communities that helped the Shawnee personnel also. So, thank you very much and thank you to all those other surrounding communities.

MAYOR DISTLER: Mr. Kemmling.

COUNCILMEMBER KEMMLING: Yeah. I had received an e-mail from a constituent with a couple questions about the WestGlen improvements that we approved a little bit back. So, I was going to, either, Andrew or Carol, maybe you can answer of these questions. First, is it the entire parking lot or just the movie theater parking lot that’s part of that $1.8 million that we’re giving?

CITY MANAGER GONZALES: It was just the property related to the movie theater.

COUNCILMEMBER KEMMLING: Just the movie theater parking lot. Okay. And then I was going -- I don’t remember if there was a breakdown to how much of the 1.8 went to the parking lot and how much went to the building renovation?

CITY MANAGER GONZALES: No.

COUNCILMEMBER KEMMLING: It wasn’t separated out?

CITY MANAGER GONZALES: It wasn’t specified.

COUNCILMEMBER KEMMLING: Okay. All right. Those were my questions. Thanks.

MAYOR DISTLER: Any other comments from the Council? Okay. I’ve got a couple.
One, you all know our very special resident Robby Martz. Our special resident forever and ever amen, we hope, as he says. His caretaker Christie lives on the same street as her parents. And today she had a message, “Watching my parents watch their home burn isn’t anything I would ever wish on anyone. Absolutely heart wrenching watching your childhood home, pictures and things that can’t be replaced turned to ashes. Thankful my parents and their dogs are safe. Praying that their cat is found safe as he ran back inside when he was startled by the firefighters. I’m beyond grateful for the men and women of Shawnee Fire, Police, EMS and Animal Control who were there today. They were amazing.” So, I wanted to share that message and such a difficult time for someone, how once again our people come through and are a great support during this time.

And then the other item I wanted to bring up is Mr. Pflumm’s food truck event was a huge success, bigger than anticipated. So, I do want to look in the future, maybe bring to a Committee agenda of like a special use permit type thing for that type of thing because I think it became bigger than what we had planned, and so maybe we should look in the future of doing special use permit for that big of an event that’s open to the public. But I heard it was a lot more than you anticipated.

COUNCILMEMBER PFLUMM: No, no, no. I don’t think it was more than we anticipated because I kind of told you it was going to be big. And no one believed me. And nobody knew.

MAYOR DISTLER: Hopefully it’ll out next time. We’ll things better planned and that type of thing. Ms. Meyer.

COUNCILMEMBER MEYER: Now, that we’re all jumping in with events. I would just remind everyone there are two awesome bike events this weekend. The first is Saturday morning from 9:00 to noon at Mill Valley High School. The Rotary Club is giving away bike helmets. It’s the Bike Safety Rodeo that they do every year, so hit that.
And then Sunday morning is the Tour de Shawnee. So, I’ll be out there very slowly on my bike. So, come on out.

MAYOR DISTLER: Well, I’ll be waving as you go by because I’m helping with traffic control.

COUNCILMEMBER SANDIFER: Will you be following Jeff?

COUNCILMEMBER MEYER: I need him to pull me.

MAYOR DISTLER: Tandem biking.

COUNCILMEMBER VAUGHT: I pulled my daughter 15 miles the other day literally on my bike.

MAYOR DISTLER: Okay. Any other items?

3. CONDUCT EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING THE ACQUISITION OF PROPERTY AND ATTORNEY TO CLIENT PRIVILEGED COMMUNICATIONS.

MAYOR DISTLER: Item No. 3 is to Conduct Executive Session for the Purpose of Discussing the Acquisition of Property and Attorney to Client Privileged Communications. I will accept a motion to recess to Executive Session for 30 minutes for preliminary discussion relating to acquisition of real property and for conducting attorney to client privileged communications for the purpose of protecting the confidentiality of those acquisition discussions and privileged communications.

a) Motion to recess to Executive Session for 30 minutes for preliminary discussions relating to the acquisition of real property and for conducting attorney to client privileged communications, for the purpose of protecting the confidentiality of those acquisition discussions and privileged communications.

Do I have a motion?

COUNCILMEMBER PFLUMM: So moved.

COUNCILMEMBER NEIGHBOR: Second.

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

COUNCILMEMBER MEYER: Aye.

MAYOR DISTLER: Opposed nay. Motion passes.

COUNCILMEMBER JENKINS: We shall return.
[Therefore, the motion was made by Councilmember Pflumm and seconded by Councilmember Neighbor to recess into Executive Session. The motion passed 8-0.]
(Shawnee City Council in Executive Session from 8:13 p.m. to 8:38 p.m.)

b) Conclude Executive Session

MAYOR DISTLER: The next action is to conclude the Executive Session. Do I have a motion?

COUNCILMEMBER VAUGHT: Move for approval.

COUNCILMEMBER SANDIFER: Second.

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

COUNCILMEMBERS: Aye.

MAYOR DISTLER: Opposed nay. Motion passes.
[Therefore, the motion was made by Councilmember Vaught and seconded by Counclmember Sandifer to conclude the Executive Session. The motion passed 8-0.]

MAYOR DISTLER: The next action is to reconvene the meeting. Do I have a motion?

COUNCILMEMBER VAUGHT: Move for approval.

COUNCILMEMBER JENKINS: Second.

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

COUNCILMEMBERS: Aye.

MAYOR DISTLER: Opposed nay. Motion passes.
[Therefore, the motion was made by Councilmember Vaught and seconded by Councilmember Jenkins to reconvene the meeting. The motion passed 8-0.]

L. ADJOURNMENT

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

COUNCILMEMBER VAUGHT: Motion to adjourn.

COUNCILMEMBER SANDIFER: Motion to adjourn.

MAYOR DISTLER: Is there a second?

COUNCILMEMBER SANDIFER: Second.

COUNCILMEMBER VAUGHT: Second.

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

COUNCILMEMBERS: Aye.

MAYOR DISTLER: Opposed nay. Motion passes. We are adjourned.
[Therefore, the motion was made by Councilmember Vaught and seconded by Councilmember Sandifer to adjourn. The motion passed 8-0.]
(Shawnee City Council Adjourned at 8:39 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 September 4, 2016

Deborah A. Sweeney, Recording Secretary

APPROVED BY:

_______________________

Stephen Powell, City Clerk











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