PDF Format:

CC12122016.pdfCC12122016.pdf

CITY OF SHAWNEE
CITY COUNCIL MEETING
MINUTES
December 12, 2016
7:00 P.M.

Michelle Distler – Mayor

Councilmembers Present Staff Present
Councilmember PflummCity Manager Gonzales
Councilmember NeighborDeputy City Manager Charlesworth
Councilmember JenkinsAssistant City Manager Sunderman
Councilmember KemmlingCity Clerk Powell
Councilmember VaughtCity Attorney Rainey
Councilmember MeyerFinance Director Rogers
Councilmember SandiferPlanning Director Chaffee
Councilmember KenigParks and Recreation Director Holman
Development Services Dir. Wesselschmidt
IT Director Bunting
Deputy Fire Chief Scarpa
Human Resources Director Barnard
Public Works Director Whitacre
Asst. Public Works Director Gard
Deputy Parks and Recreation Dir. Lecuru
Transportation Manager Manning
Communications Manager Breithaupt
Business Liaison Holtwick
Shawnee Chamber of Commerce Director of Business Redevelopment & Retention Bowen
Visit Shawnee Executive Director Fern
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: Councilmember Kenig.

COUNCILMEMBER KENIG: Present.

MAYOR DISTLER: 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. 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.

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.

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.

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. Councilmember Pflumm has asked to have Item 5 removed. Does the Council have any other items they would like to remove? Seeing none, I will accept a motion on the Consent Agenda except for Item 5.

COUNCILMEMBER SANDIFER: Motion to approve.

COUNCILMEMBER VAUGHT: Second.

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

COUNCILMEMBERS: Aye.

MAYOR DISTLER: Opposed nay. Motion passes.
[Therefore, the motion was made by Councilmember Sandifer and seconded by Councilmember Vaught to approve the Consent Agenda Items 1-4 and 6 -8. The motion carried 8-0.]

5. CONSIDER AN ENCROACHMENT AGREEMENT WITH STAG'S CREEK, LLC.

MAYOR DISTLER: Now, I will accept a motion on Item 5 of the Consent Agenda.

COUNCILMEMBER SANDIFER: Motion to approve.

COUNCILMEMBER VAUGHT: Second.

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

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

MAYOR DISTLER: Opposed nay.

COUNCILMEMBER PFLUMM: Abstain.

MAYOR DISTLER: Motion passes. Mr. Pflumm abstained.
[Therefore, the motion was made by Councilmember Sandifer and seconded by Councilmember Vaught to approve Consent Agenda Item 5. The motion carried 7-0-1; with Councilmember Pflumm abstaining.]
D. MAYOR’S ITEMS

MAYOR DISTLER: The next item on the agenda is Mayor’s Items. I just have a quick comment tonight. I met with Miss Midwest, Marissa Hitt tonight. And she had made some statements. She is working on a project for her crown on this M.O.V.E movement to support emergency personnel. And a statement that touched me was she was talking about all the officers and the firefighters that she had met with and she was so surprised at how humble and kind they were and nice and did not come off pretentious or powered or anything like that. And it reminds me of a comment I had heard earlier in the week from a gentleman who had said the same thing. That all the officers that he had met exhibit authority without power and every one of them has compassion. And so now to hear this in one week from two completely different individuals unrelated. So, it just touched me, so I wanted to share those comments that had been made.
E. APPOINTMENTS

1. CONSIDER REAPPOINTMENTS TO THE BICYCLE ADVISORY COMMITTEE

MAYOR DISTLER: So, the next item is E, Appointments. Item Number 1 is to Consider Reappointments to the Bicycle Advisory Committee. The Parks and Recreation Advisory Board is recommending the reappointment of Jesse Miguel and Jim Roberts to the Bicycle Advisory Committee with terms expiring December 31, 2019.

a) Appoint Jesse Miguel to the Bicycle Advisory Committee with a term expiring December 31, 2019.

MAYOR DISTLER: Two actions are required. The first is to consider reappointing Jesse Miguel with a term expiring December 31, 2019. Does the Council have any questions? Anyone from the audience want to speak to this item? Seeing none, I will accept a motion.

COUNCILMEMBER PFLUMM: Move for approval.

COUNCILMEMBER VAUGHT: Second.

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

COUNCILMEMBERS: Aye.

MAYOR DISTLER: Opposed nay. Motion passes.
[Therefore, the motion was made by Councilmember Pflumm and seconded by Councilmember Vaught to approve the reappointment of Jesse Miguel to the Bicycle Advisory Committee with a term expiring December 31, 2019. The motion carried 8-0.]

b) Appoint Jim Roberts to the Bicycle Advisory Committee with a term expiring December 31, 2019.

MAYOR DISTLER: The second action is to consider reappointing Jim Roberts with a term expiring December 31, 2019. Does anyone on the Council have any questions? Anyone from the audience that would like to speak to this item? Seeing none, I will accept a motion.

COUNCILMEMBER PFLUMM: So moved.

COUNCILMEMBER VAUGHT: Second.

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

COUNCILMEMBERS: Aye.

MAYOR DISTLER: Opposed nay. Motion passes.
[Therefore, the motion was made by Councilmember Pflumm and seconded by Councilmember Vaught to approve the reappointment of Jim Roberts to the Bicycle Advisory Committee with a term expiring December 31, 2019. The motion carried 8-0.]

F. BUSINESS FROM THE FLOOR

MAYOR DISTLER: The next item is Business from the Floor. Is there anyone who has comments on an issue that is not on tonight’s agenda? Okay.

G. PUBLIC ITEMS

1. CONSIDER THE CONVEYANCE OF PROPERTY RELATED TO A RAILROAD QUIET ZONE AT 73RD AND 75TH AND MARTINDALE.

MAYOR DISTLER: The next item on the agenda is Public Items. Item Number 1 is to consider the Conveyance of Property Related to a Railroad Quiet Zone at 73rd and 75th and Martindale. On November 28, 2016, the Governing Body took actions related creating a Quiet Zone along the Emporia Subdivision rail line. These two additional actions are required to allow property along the line to have contiguous ownership and alternate access points.

(a) Authorize the Mayor to sign a quitclaim deed to David Hoehn, the property owner of 7315 Martindale, for 19 acres west of Mill Creek on the tract at the southeast corner of 75th Street and Martindale Road.

The first item is to consider approving and authorizing the Mayor to sign a quitclaim deed to David Hoehn, the property owner of 7315 Martindale, for 19 acres west of Mill Creek on the tract at the southeast corner of 75th Street and Martindale Road.

Does anyone on the Council have any questions? Anyone from the audience that would like to speak to this item? Seeing none, I will accept a motion.

COUNCILMEMBER KENIG: So moved.

COUNCILMEMBER SANDIFER: Second.

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

COUNCILMEMBERS: Aye.

MAYOR DISTLER: Opposed nay. Motion passes.
[Therefore, the motion was made by Councilmember Kenig and seconded by Councilmember Sandifer to authorize the Mayor to sign a quitclaim deed to David Hoehn, the property owner of 7316 Martindale, for 19 acres west of Mill Creek on the tract at the southeast corner of 75th Street and Martindale Road.
The motion carried 8-0.]

(b) Authorize the Mayor to sign a quitclaim deed to the Johnson County Parks and Recreation District, for five acres east of Mill Creek on the tract at the southeast corner of 75th Street and Martindale Road.

MAYOR DISTLER: The second action is to consider approving and authorizing the Mayor to sign a Quitclaim Deed to the Johnson County Parks and Recreation District, for five acres east of Mill Creek on the tract at the southeast corner of 75th Street and Martindale Road.

Does anyone on the Council have any questions? Anyone from the audience that would like to speak to this item? Seeing none, I will accept a motion.
COUNCILMEMBER SANDIFER: Move to approve.

COUNCILMEMBER KENIG: 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 Kenig to authorize the Mayor to sign a quitclaim deed to Johnson County Parks and Recreation District for five acres east of Mill Creek on the tract at the southeast corner of 75th Street and Martindale Road. The motion carried 8-0.]

2. CONSIDER A MASSAGE ESTABLISHMENT LICENSE FOR CARING HANDS MASSAGE LOCATED AT 11801 W. 62ND PLACE.

MAYOR DISTLER: Item Number 2 is to consider a Massage Establishment License for Caring Hands Massage Located at 11801 W. 62nd Place. Emily Pallesen is requesting approval of a Massage Establishment License for Caring Hands Massage, located at 11810 W. 62nd Place. The business plans to open in January of 2017. The recommended action is to consider approving the license from January 1, 2017 through December 31, 2017.

Does anyone on the Council have any questions? Anyone from the audience that would like to speak to this item? Seeing none, I will accept a motion.
COUNCILMEMBER PFLUMM: So moved.

COUNCILMEMBER 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 Pflumm and seconded by Councilmember Sandifer to approve a license for Emily Pallesen, Caring Hands Massage, to operate as a Massage Establishment at 11810 W. 62nd Place from January 1, 2017 to December 31, 2017. The motion carried 8-0.]

H. ITEMS FROM THE COUNCIL COMMITTEE MEETING OF DECEMBER 6, 2016, CHAIRED BY COUNCILMEMBER MEYER.

1. CONSIDER TWO STREETLIGHT PETITIONS

MAYOR DISTLER: The next item on the Agenda is H, Items from the Council Committee Meeting of December 6, 2016, Chaired by Councilmember Meyer.

COUNCILMEMBER MEYER: Okay. The first item is to Consider Two Streetlight Petitions. The Council Committee recommended 8-0 that the Governing Body approve the two streetlight petitions for Albervan and 56th Street.

a) Approve the Albervan Street streetlight petition and authorize staff to coordinate with KCP&L for streetlight installation as necessary.

MAYOR DISTLER: Two actions are required. The first is to consider approving the Albervan Street streetlight petition and authorizing staff to coordinate with KCP&L for streetlight installation as necessary.

Does the Council have any questions? Anyone from the audience that would like to speak to this item? Seeing none, I will accept a motion.

COUNCILMEMBER KENIG: Move for approval.

COUNCILMEMBER JENKINS: 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.
[Therefore, the motion was made by Councilmember Kenig and seconded by Councilmember Pflumm to approve the Albervan Street streetlight petition and authorize staff to coordinate with KCP&L for streetlight installation as necessary. The motion carried 8-0.]

b) Approve the 56th Street streetlight petition and authorize staff to coordinate with Westar for streetlight installation as necessary.

MAYOR DISTLER: The second action is to consider approving the 56th Street streetlight petition and authorizing staff to coordinate with Westar for streetlight installation as necessary.

Does anyone on the Council have any questions? Anyone from the audience that would like to speak to this item? Seeing none, I will accept a motion.
COUNCILMEMBER VAUGHT: Move for approval.

COUNCILMEMBER PFLUMM: Second.

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

COUNCILMEMBERS: Aye.

MAYOR DISTLER: Opposed nay. Motion passes.
[Therefore, the motion was made by Councilmember Vaught and seconded by Councilmember Pflumm to approve the 56th Street streetlight petition and authorize staff to coordinate with Westar for streetlight installation as necessary.
The motion carried 8-0.]

2. CONSIDER THE 2017 STATE LEGISLATIVE PROGRAM.

COUNCILMEMBER MEYER: The second item is to consider the 2017 State Legislative Program. The Council Committee recommended 7-1 that the Governing Body approve the 2017 State Legislative Program with proposed revisions to the Public Safety item as proposed by Councilmembers Kenig and Jenkins.

MAYOR DISTLER: The recommended action is to consider approving the 2017 State Legislative Program.

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

COUNCILMEMBER PFLUMM: Yeah. I was just going to mention that I’m not in favor of everything in here, but I’ll vote for it.

MAYOR DISTLER: Okay. Any other questions from Council? Anyone from the audience that would like to speak to this item? Seeing none, I will accept a motion.

COUNCILMEMBER SANDIFER: Motion to approve.

COUNCILMEMBER KENIG: Second.

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

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

MAYOR DISTLER: Opposed nay.

COUNCILMEMBER KEMMLING: Nay.

MAYOR DISTLER: Motion passes. Councilmember Kemmling voting in dissent.
[Therefore, the motion was made by Councilmember Sandifer and seconded by Councilmember Kenig to approve the 2017 State Legislative Program. The motion carried 7-1; with Councilmember Kemmling voting no.]

I. STAFF ITEMS

1. CONSIDER AN ORDINANCE AMENDING CHAPTER 2.48 OF THE SHAWNEE MUNICIPAL CODE RELATED TO THE CIVIL SERVICE COMMISSION

MAYOR DISTLER: The next item on the agenda is Staff Items. Item Number 1 is to consider an Ordinance Amending Chapter 2.48 of the Shawnee Municipal Code Related to the Civil Service Commission. Chapter 2.48 of the Shawnee Municipal Code establishes the Civil Service Commission. Staff is recommending revisions to reflect current job titles, updated terms and meeting dates. 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? Seeing none, I will accept a motion.

COUNCILMEMBER NEIGHBOR: So moved.

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 Neighbor and seconded by Councilmember Jenkins to pass an Ordinance amending Chapter 2.48 of the Shawnee Municipal Code related to the Civil Service Commission. The motion carried 8-0.]
(Having passed, Ordinance No. 3178 was assigned)
2. CONSIDER REVISIONS TO PARK AND RECREATION POLICY STATEMENTS

MAYOR DISTLER: Item Number 2 is to Consider Revisions to Park and Recreation Policy Statements. At the November 3, 2016 and December 1, 2016 Parks and Recreation Advisory Board meetings, staff presented revisions to Policy Statement PS-30, Rental Policy for the Civic Centre and Shawnee Town Facilities; Policy Statement PS-31, Open Gym; and Policy Statement PS-45, Fees for the Shawnee Aquatic Centers. The revisions reflect changes to definitions and policy clarification. The Parks and Recreation Advisory Board is recommending approval.

(a) Approve revisions to Policy Statement PS-30, Rental Policy for the Civic Centre and Shawnee Town facilities.

MAYOR DISTLER: There are three recommended actions. The first is to consider approving revisions to Policy Statement PS-30, Rental Policy for the Civic Centre and Shawnee Town Facilities.

Does anyone on the Council have any questions? Anyone from the audience that would like to speak to this? Oh, Mr. Jenkins.

COUNCILMEMBER JENKINS: Yeah. I was just wanting to know for just -- just wanting to know. Were there any changes to any of the fees? I didn’t notice any, but I just thought I’d ask to make sure.

MS. LECURU: Tonya Lecuru, Deputy Parks and Recreation Director. No, there were no changes to any of the fees at this point.

COUNCILMEMBER JENKINS: Okay. I was just wondering about that because costs are constantly going up. I’m just kind of surprised we continue to hold them at the same rate.

MS. LECURU: We have addressed them in previous years, but we feel right now we’re within the market of other comparable facilities with our other agencies.

COUNCILMEMBER JENKINS: Okay. Great. Thank you.

MAYOR DISTLER: Any other questions from the Council? Thank you. Anyone from the audience that you would like to speak to this item? Seeing none, I will accept a motion.

COUNCILMEMBER SANDIFER: Motion to approve (a).

COUNCILMEMBER VAUGHT: Second.

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

COUNCILMEMBERS: Aye.

MAYOR DISTLER: Opposed nay. Motion passes.
[Therefore, the motion was made by Councilmember Sandifer and seconded by Councilmember Vaught to approve the revisions to Policy Statement PS-30, Rental Policy for the Shawnee Civic Centre and Shawnee Town Facilities.
The motion carried 8-0.]

(b) Approve revisions to Policy Statement PS-31, Open Gym

MAYOR DISTLER: The second recommended action is to consider approving revisions to Policy Statement PS-31, Open Gym.

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: So moved. 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 Kenig and seconded by Councilmember Sandifer to approve revisions to Policy Statement PS-31, Open Gym. The motion carried 8-0.]

(c) Approve revisions to Policy Statement PS-45, fees for Shawnee Aquatic Centers

MAYOR DISTLER: The final recommended action is to consider approving revisions to Policy Statement PS-45, Fees for Shawnee Aquatic Centers. Does anyone on the Council have any questions? Anyone from the audience that would like to speak to this item? Seeing none, I will accept a motion.
COUNCILMEMBER 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, the motion was made by Councilmember Sandifer and seconded by Councilmember Meyer to approve revisions to Policy Statement PS-45, Fees for Shawnee Aquatic Centers. The motion carried 8-0.]

3. CONSIDER AN AGREEMENT WITH SWALLOW TAIL, LLC FOR STREAM AND WETLAND MITIGATION CREDITS FOR THE CLEAR CREEK PARKWAY PROJECT, P.N. 3413.

MAYOR DISTLER: Item Number 3 is to consider an Agreement with Swallow Tail LLC for Stream and Wetland Mitigation Credits for the Clear Creek Parkway Project, P.N. 3413. This project is on the Capital Improvement Plan for construction in 2016. The City is required to purchase Stream Mitigation Credits because a portion of the new street crosses a streamway and an area identified as existing wetlands by the U.S. Army Corps of Engineers. The total cost for the credits is $94,900 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? Mr. Jenkins.

COUNCILMEMBER JENKINS: Not so much a question as a comment. We are purchasing quite a bit of land in the vicinity -- in the flood plains even, flood way land. And I’ve raised the question a couple times and I don’t know where we’re going with it. But I’d love to see us have some of those wetlands for mitigation credit and we could credit ourselves and save $95,000 in this case, in this particular case, or maybe sell them to somebody else and recoup some of the cost we’ve expended in these areas trying to do the noise abatement. So, I don’t know if there’s any feasibility analysis that’s going on or what we’re doing with that. Maybe Carol can update us.

CITY MANAGER GONZALES: We did a preliminary study. Started the study actually prior to some of our acquisition related to the quiet zones. And so then we paused in order to see how much land we were actually going to acquire and so that we could incorporate it all into the study. So, there is a preliminary study that’s semi-completed and then we need to add the new property on once we kind of get finished acquiring that property. But, yes, it is absolutely a good idea and a good goal to have.

COUNCILMEMBER JENKINS: So, it’s percolating on the back burner right now. Okay. Great. Thank you.

MAYOR DISTLER: Any other questions or comments from the Council? Anyone from the audience that would like to speak to this item? Sure. Come forward.

MR. OLESON: Yeah. I just have a quick question.

MAYOR DISTLER: Up here at the microphone, please.

COUNCILMEMBER VAUGHT: Come to the microphone.

MR. OLESON: Just like you [inaudible].

MAYOR DISTLER: Up here. State your name and address for the record, please.

MR. OLESON: All right. Alex Oleson, (Address Omitted), Lenexa, Kansas. So, can you -- if what I believe I heard was you guys -- there’s a road that’s in wetland area and so you guys -- what is mitigation exactly? That’s just my question.

CITY MANAGER GONZALES: I think I’d ask one of the engineers to explain that. I’m sure they can do a better job than I can.

MR. WESSELSCHMIDT: Doug Wesselschmidt, Director of Development Services, City Engineer. Yes. On our Clear Creek Parkway project from K-7 Highway out to Clare Road there’s a small portion of not necessarily the roadway, but some of the drainage from the roadway getting into an area that’s been identified as a wetland. And the federal government would rather us instead of replacing those wetlands pay into a wetland bank so that they can collectively use those monies from this development and other developments to create larger wetland areas. So, that’s where the project is at.

MAYOR DISTLER: Thank you. Does that answer your question?

MR. OLESON: Yeah. Thank you.

MAYOR DISTLER: Thank you. So, you get extra credit for that, right?

COUNCILMEMBER PFLUMM: So, you’ve got to sign your name [inaudible].

MR. OLESON: Oh, really.

MR. WESSELSCHMIDT: So, does he get extra credit or do I get extra credit?

COUNCILMEMBER VAUGHT: Well, I think Doug should.

MAYOR DISTLER: Is there anyone else from the audience that would like to speak to this item? Seeing none, 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.
[Therefore, the motion was made by Councilmember Vaught and seconded by Councilmember Meyer to authorize the Mayor to sign the Mitigation Credit Agreement with Swallow Tail LLC for the purchase of 1,579 stream credits and 0.29 wetland credits in the amount of $94,900 for the Clear Creek Parkway project. The motion carried 8-0.]

J. MISCELLANEOUS ITEMS

1. RATIFY SEMI-MONTHLY CLAIM FOR DECEMBER 12, 2016, IN THE AMOUNT OF $11,108,947.75.

MAYOR DISTLER: The next item is Miscellaneous Items. Item Number 1 is to Ratify Semi-Monthly Claim for December 12, 2016, in the Amount of $11,108,947.75.

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 VAUGHT: Second.

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

COUNCILMEMBERS: Aye.

MAYOR DISTLER: Opposed nay. Motion passes.
[Therefore, the motion was made by Councilmember Sandifer and seconded by Councilmember Vaught to ratify the semi-monthly claim. The motion carried 8-0.]

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. Pflumm.

COUNCILMEMBER PFLUMM: I was just going to wish everyone here and everyone up here a Merry Christmas.

COUNCILMEMBER PFLUMM: This is our last meeting of the year.

COUNCILMEMBER SANDIFER: I would also like to do that. And you guys picked -- you picked one of the best nights of the year because this is going to be over for you in just a couple of minutes. We have a meeting to go to.

COUNCILMEMBER VAUGHT: Can we give Mickey an Ahh, too.

COUNCILMEMBER VAUGHT: Oh, that’s so sweet.

MAYOR DISTLER: Any other Council items?

CITY MANAGER GONZALES: Mayor?

MAYOR DISTLER: Yes.

CITY MANAGER GONZALES: I might just since we have such a great audience would like for our Communications Manager to stand up in the back, Julie, and would you tell all these folks what Twitter they need to follow, what Facebook they need to like as long as we’ve got all these good folks here.

MS. BREITHAUPT: I want to take you guys’ picture, so thank you for saying that to me. Well, yeah, if you just follow the City of Shawnee on Facebook and Twitter. Tell your parents to sign up on NextDoor, too because you don’t care about that. And then also on Instagram so you guys can follow us on there.

3. CONDUCT EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING THE ACQUISITION OF PROPERTY FOR THE PURPOSE OF PROTECTING THE CONFIDENTIALITY OF THOSE ACQUISITION DISCUSSIONS.

MAYOR DISTLER: Okay. Item Number 3 is to Conduct Executive Session for the Purpose of Discussing the Acquisition of Property for the Purpose of Protecting the Confidentiality of Those Acquisition Discussions.

I’ll accept a motion to recess to Executive Session for one hour for preliminary discussions relating to the acquisition of real property. At the conclusion of the Executive Session, the meeting will resume in the City Council chambers.

a) Recess to Executive Session.

COUNCILMEMBER VAUGHT: Move to recess to Executive Session for one hour for the purpose of discussion the acquisition of real property.

MAYOR DISTLER: Mr. Pflumm.

COUNCILMEMBER PFLUMM: Can we add or less to that.

COUNCILMEMBER VAUGHT: One hour or less preferably.

COUNCILMEMBER PFLUMM: Thank you.

COUNCILMEMBER VAUGHT: How’s that?

COUNCILMEMBER MEYER: Second.

COUNCILMEMBER JENKINS: Second.

COUNCILMEMBER VAUGHT: It’s all up to you.

MR. RAINEY: I’m sorry. I hate to be a wet blanket on that one. The Kansas Open Meetings Act requires you to state a designated time at which you will return. So, the or earlier won’t work.

COUNCILMEMBER SANDIFER: Yeah. Don’t mess that up.

COUNCILMEMBER VAUGHT: Okay.

COUNCILMEMBER JENKINS: Can we come back earlier?

COUNCILMEMBER PFLUMM: Forty-five minutes.

MR. RAINEY: You can come back earlier, but you can’t resume the meeting earlier, so --

COUNCILMEMBER JENKINS: Oh, wow.

MR. RAINEY: You have to state a designated time. If you believe the time will be less you can state that time and go to Executive Session and then come back and go longer, but you cannot go shorter.

COUNCILMEMBER PFLUMM: Can we do that? Can we make it for 30 minutes and then come back and go longer if we need to.

COUNCILMEMBER VAUGHT: It’s only 7:20, Dan.

CITY MANAGER GONZALES: We have to -- yes. We have to, I mean, physically get up and leave, come back in here, reconvene, re-adjourn and go back out there, so.

COUNCILMEMBER VAUGHT: Let’s spend the money on this room back here and get it done so we can just go all night.

COUNCILMEMBER MEYER: How about 45 minutes then?

COUNCILMEMBER PFLUMM: Forty-five minutes.

COUNCILMEMBER SANDIFER: Okay.

COUNCILMEMBER VAUGHT: Okay. Move to recess to Executive Session for 45 minutes.

COUNCILMEMBER KENIG: Second.

COUNCILMEMBER VAUGHT: We’ll just leave it at that.

MAYOR DISTLER: And I’ll hold you to that 45 minutes. 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 Kenig to recess to Executive Session for preliminary discussions relating to the acquisition of real property for the purpose of protecting the confidentiality of those acquisition discussions with the open meeting to resume in Council Chambers at 8:05 p.m. The motion carried 8-0.]
(Shawnee City Council in Executive Session from 7:20 p.m. to 8:05 p.m.)

b) Conclude Executive Session.

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

COUNCILMEMBER PFLUMM: So moved.

COUNCILMEMBER KENIG: Second.

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

COUNCILMEMBERS: Aye.

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

c) Reconvene meeting.

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

COUNCILMEMBER VAUGHT: Move to reconvene.

COUNCILMEMBER MEYER: Second.

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

COUNCILMEMBERS: Aye.

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

K. ADJOURNMENT

MAYOR DISTLER: Are there any motions?

COUNCILMEMBER JENKINS: Motion

COUNCILMEMBER PFLUMM: Second. Third.

MAYOR DISTLER: Okay. I will accept the motion to adjourn. 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 Jenkins and seconded by Councilmember Pflumm to adjourn. The motion carried 8-0.]


CERTIFICATE

I certify that the foregoing is a correct transcript from the electronic sound recording of the proceedings in the above-entitled matter.

/das January 2, 2017

Deborah A. Sweeney, Recording Secretary

APPROVED BY:

_______________________

Stephen Powell, City Clerk











File Attachment Icon
CC12122016.docx