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CITY OF SHAWNEE
CITY COUNCIL MEETING
MINUTES
January 9, 2017
7:00 P.M.

Michelle Distler – Mayor

Councilmembers Present Staff Present
Councilmember PflummDeputy City Manager Charlesworth
Councilmember NeighborAssistant City Manager Sunderman
Councilmember JenkinsCity Clerk Powell
Councilmember KemmlingCity Attorney Rainey
Councilmember VaughtFinance Director Rogers
Councilmember SandiferPlanning Director Chaffee
Councilmember KenigPublic Works Director Whitacre
Development Services Dir. Wesselschmidt
Councilmembers AbsentIT Director Bunting
Councilmember MeyerPolice Chief Moser
Deputy Parks and Recreation Dir. Lecuru
Transportation Manager Manning
Communications Manager Breithaupt
Business Liaison Holtwick
Fire Marshal Sands

(Shawnee City Council Meeting Called to Order at 7:00 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 is absent. Councilmember Sandifer.

COUNCILMEMBER SANDIFER: Here.

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 of Allegiance 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.

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 anyone have an item they would like to remove from the Consent Agenda? Seeing none, I will accept a motion on the Consent Agenda.

COUNCILMEMBER SANDIFER: Move 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 carried 7-0.]
D. MAYOR’S ITEMS

1. RECOGNIZE CAMERON SIZEMORE FOR EAGLE SCOUT PROJECT.

MAYOR DISTLER: The next item on the agenda is Mayor's Items. I have one item tonight. So, I’ll ask Doug Whitacre and Cameron Sizemore to join me in front of the podium for a special recognition. Cameron is a Life Scout working toward his Eagle Scout badge. Last year he did a really great project to make it easier for our first responders to find homes more quickly during an emergency.

So, Cameron, if you would like to tell us the troop that you're in and about your project.

MR. SIZEMORE: I’m Cameron Sizemore from Troop 123. Do you want me to tell them my project?

MAYOR DISTLER: Please.

MR. SIZEMORE: For my Eagle Scout project I did -- I painted the addresses of houses on curbs to make it easier for emergency response services to find houses that have hard to see addresses. So, that’s what I did.

MAYOR DISTLER: Okay. Well, thank you so much for your effort in making Shawnee a better place and for helping first responders and for those addresses you painted. So, I want to -- they want to take a pictures, so we better. I want to recognize you with a Certificate of Appreciation. Thank you.

E. 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 on tonight’s agenda?

F. PUBLIC ITEMS

1. CONSIDER A CEREAL MALT BEVERAGE LICENSE FOR CASA LATINA LOCATED AT 11200 JOHNSON DRIVE.

MAYOR DISTLER: Okay. Then the next item on the agenda is Public Items. Item Number 1 is to consider a Cereal Malt Beverage License for Casa Latina located at 11200 Johnson Drive. Casa Latina has submitted an application for the sale of cereal malt beverages for consumption on the premises.

The recommended action is to approve the license 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 JENKINS: 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 Jenkins and seconded by Councilmember Pflumm to approve the cereal malt beverage license for Casa Latina through December 31, 2017. The motion carried 7-0.]

2. CONSIDER CONTRACT NO. 17-0006 WITH CONSOLIDATED COMMUNICATIONS ENTERPRISES SERVICES, INC. FOR A USE OF RIGHT-OF-WAY AGREEMENT.

MAYOR DISTLER: Item Number 2 is to Consider Contract No. 17-0006 with Consolidated Communications Enterprises Services, Inc. for a Use of Right-of-Way Agreement. Consolidated Communications Enterprise Services, Inc. currently operates under a Cable Franchise Ordinance that expires January 31, 2017. Consolidated plans to provide its video services pursuant to the Kansas Corporation Commission Video Service Authorization, instead of by city ordinance a Use of Right-of-Way Agreement is required. The Agreement includes the same basic terms as previously found in the prior Cable Franchise Ordinance.

The recommended action is to approve and authorize the Mayor to sign the agreement.

Does anyone on the Council have any questions? Is there 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 PFLUMM: Second.

MAYOR DISTLER: The 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 and authorize the Mayor to sign the Use of Right-of-Way Agreement with Consolidated Communications Enterprises Services, Inc. The motion carried 7-0.]

3. CONSIDER RESOLUTION NO. 1793 CONSENTING TO SUBLEASE OF A PORTION OF THE AIRTEX, INC./WESTLINK PROJECT FINANCED WITH FEDERALLY TAXABLE PRIVATE ACTIVITY REVENUE BONDS.

MAYOR DISTLER: Item Number 3 is to Consider Resolution No. 1793 Consenting to Sublease of a Portion of the Airtex, Inc./Westlink Project Financed with Federally Taxable Private Activity Revenue Bonds. The City issued Federally Taxable Private Activity Revenue Bonds to finance the acquisition and construction of the Airtex, Inc./Westlink Project. Airtex has requested consent to sublease a portion of the project to Amarr Company, d.b.a. Entrematic, and one of the leading brands of residential garage door and commercial sectional overhead doors. A Resolution consenting to the sublease is required.

The recommended action is to approve Resolution No. 1793.

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 SANDIFER: Second.

MAYOR DISTLER: The 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 Sandifer to adopt Resolution No. 1793 consenting to sublease of a portion of the Airtex, Inc./Westlink project financed with federally taxable Private Activity Revenue Bonds. The motion carried 7-0.]

G. COUNCIL ITEMS

1. ELECTION OF 2017 COUNCIL PRESIDENT.

MAYOR DISTLER: The next item on the Agenda is Council Items. Item Number 1 is the Election of the 2017 Council President. Charter Ordinance No. 45 provides that at the first regular City Council meeting in January of each year, the Governing Body shall elect one member of the Council as President.

The action needed is to nominate and elect a Council President. Is there anyone in the audience that would like to speak to this item? Does any member of the Council have a nomination? Mr. Vaught?

COUNCILMEMBER VAUGHT: I just would like to say, you know, this is kind of an important selection here. We have a Councilmember that wasn’t able to make it by no fault of her own. She’s having surgery on Friday and it’s a rather serious one and she’s kind of had to rearrange her week. I would like to make a motion to table this until the next meeting so that we can have a full Council to vote on president.

MAYOR DISTLER: Is there a second?

COUNCILMEMBER KENIG: I’ll second that motion.

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

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

MAYOR DISTLER: Oppose nay.

COUNCILMEMBERS PFLUMM, JENKINS: Nay (No).

MAYOR DISTLER: Okay. So, motion passes.
[Therefore, the motion was made by Councilmember Vaught and seconded by Councilmember Kenig to table the election of Council President to the January 23, 2017 City Council meeting. The motion carried 5-2 with Councilmembers Pflumm and Jenkins voting no.]

2. ELECTION OF 2017 COUNCIL COMMITTEE VICE-CHAIR.

COUNCILMEMBER VAUGHT: And I would just say a motion on the second one as well. I would make a motion on the second.

COUNCILMEMBER NEIGHBOR: Second.

COUNCILMEMBER VAUGHT: On the Committee Vice-Chair.

MAYOR DISTLER: Okay. A motion has been made and seconded. Anyone from the audience that would like to speak to this item? Okay. We have a motion and a second. All those in favor say aye.

COUNCILMEMBERS: Aye.

MAYOR DISTLER: Oppose nay. Motion passes.
[Therefore, the motion was made by Councilmember Vaught and seconded by Councilmember Neighbor to table the election of the 2017 Council Committee Vice-Chair to the January 23, 2017 City Council meeting. The motion carried 7-0.]

H. ITEMS FROM THE PLANNING COMMISSION

1. CONSIDER ORDINANCE NO. 3179 REZONING FROM AGRICULTURAL TO PROFESSIONAL OFFICE ZONING DISTRICT IN THE 15000 BLOCK OF W. 67TH STREET, Z-05-16-12.

MAYOR DISTLER: The next item on the Agenda is Items from the Planning Commission. Item Number 1 is to Consider Ordinance No. 3179 Rezoning from Agricultural to Professional Office Zoning District in the 15000 Block of W. 67th Street, Z-05-16-12. On December 5, 2016, the Planning Commission recommended 8-0 that the Governing Body approve Z-05-16-12, an Ordinance rezoning from Agricultural to Professional Office Zoning District for a 3.9 acre parcel of land located in the 15000 Block of W. 67th Street subject to the conditions listed in the staff report.

The recommended action is to pass Ordinance No. 3179.

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 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: Aye.

MAYOR DISTLER: Opposed nay. Motion passes.
[Therefore, the motion was made by Councilmember Sandifer and seconded by Councilmember Kenig to approve Ordinance No. 3179 Rezoning from Agricultural to Professional Office Zoning District in the 15000 Block of W. 67th Street, Z-05-16-12. The motion carried 7-0.]
(Having passed Ordinance No. 3179 was assigned.)

2. CONSIDER APPROVAL OF SUP-06-16-12, A SPECIAL USE PERMIT FOR E-SPORTS ARENA, A DRINKING ESTABLISHMENT WITH LIVE ENTERTAINMENT IN THE FORM OF VIDEO GAMING AND BILLIARDS IN THE COMMERCIAL NEIGHBORHOOD ZONING DISTRICT LOCATED AT 7470 NIEMAN ROAD.

MAYOR DISTLER: Item Number 2 is to Consider Approval of SUP-06-16-12, a Special Use Permit for E-Sports Arena, a Drinking Establishment with Live Entertainment in the Form of Video Gaming and Billiards in the Commercial Neighborhood Zoning District Located at 7470 Nieman Road.

On December 19, 2016, the Planning Commission recommended 10-0 that the Governing Body approve SUP-06-16-12 subject to the conditions listed in the staff report.

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 approve SUP-06-16-12, a special use permit for E-Sports Arena, a drinking establishment with live entertainment in the form of video gaming and billiards in the Commercial Neighborhood Zoning District located at 7470 Nieman Road. The motion carried 7-0.]

3. CONSIDER APPROVAL OF SUP-07-16-12, A SPECIAL USE PERMIT FOR ATTIC STORAGE OF SHAWNEE, A SELF-STORAGE FACILITY WITH A LIVE-IN MANAGER IN THE PLANNED INDUSTRIAL ZONING DISTRICT LOCATED IN THE 20300 BLOCK OF W. 66TH TERRACE.

MAYOR DISTLER: Item Number 3 is to Consider Approval of SUP-07-16-12, a Special Use Permit for Attic Storage of Shawnee, a Self-Storage Facility with a Live-in Manager in the Planned Industrial Zoning District Located in the 20300 Block of W. 66th Terrace. On December 19, 2016, the Planning Commission recommended 10-0 that the Governing Body approve SUP-07-16-12 subject to the conditions listed in the staff report.

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 NEIGHBOR: Second.

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

COUNCILMEMBERS: Aye.

MAYOR DISTLER: Opposed nay. Motion passes.
[Therefore, the motion was made by Councilmember Vaught and seconded by Councilmember Neighbor to approve SUP-07-16-12, a special use permit for Attic Storage of Shawnee, a self-storage facility with a live-in manager in the Planned Industrial Zoning District located in the 20300 block of W. 66th Terrace. The motion carried 7-0.]

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

1. CONSIDER FINAL PLANS FOR THE 2017 STREET MAINTENANCE PROGRAM.

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

Councilmember Kemmling.

COUNCILMEMBER KEMMLING: Yes. Item Number 1 is to Consider Final Plans for the 2017 Street Maintenance Program. The Council Committee recommended 8-0 that the Governing Body approve the 2017 Street Maintenance Program and authorize the solicitation of bids for the 2017 Mill and Overlay contract and other contracts provided for in the program.

MAYOR DISTLER: 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 2017 Street Maintenance Program and authorize the solicitation of bids for the 2017 Mill and Overlay contract and other contracts provided for in the program. The motion carried 7-0.]

2. CONSIDER REVISIONS TO POLICY STATEMENT, PS-7, CONDUCT OF PUBLIC MEETINGS.

COUNCILMEMBER KEMMLING: Item Number 2 is to Consider Revisions to Policy Statement, PS-7, Conduct of Public Meetings. The Council Committee recommended 8-0 that the Governing Body approve revisions to PS-7 with recommended changes.

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

COUNCILMEMBER JENKINS: I have a comment.

MAYOR DISTLER: Mr. Jenkins.

COUNCILMEMBER JENKINS: It was pointed out to me that the name we were giving to the group that wants to make a statement at the meeting is a public interest group. And it was pointed out to me that spells P-I-G if you make an acronym of that. And I don’t know, it was kind of -- you can say that’s kind of silly or whatever, but we do tend to put acronyms on everything. So, just to make it perhaps a little less something it may be made into a joke or something we maybe call it the citizens interest group, C-I-G.

MAYOR DISTLER: Okay.

COUNCILMEMBER VAUGHT: A resident interest group.

COUNCILMEMBER JENKINS: Yeah. Something like that.

COUNCILMEMBER JENKINS: I hadn’t even thought about it. It didn’t occur to me that the acronym would be pig. But I mean, you know -- RIG isn’t so good either, so maybe C-I-G, I don’t know. That sounds pretty safe. Citizens interest group.

MAYOR DISTLER: Okay. Anyone from the audience that would like to speak to this item? Sure. Please come forward. You can state your name and address for the record, please.

MR. CHALK: I’m Roger Chalk (Address Omitted). I commend the Council for looking at this. Having been a member of a group that heard the gavel on numerous occasions near the end of five minutes, I think this is appropriate. There is one part of this though that I have concern about and that’s where it says, “A copy of the presentation and/or consolidated comments should be provided to the City Clerk by 12 p.m. on the Thursday prior to the meeting.” You know, a group of that many people are putting together a document that it does take time. Plus, you know, if we’re giving you everything we’re going to say ahead of time and can’t deviate from that, I don’t see why the reason why we even get up here and talk.

MAYOR DISTLER: Mr. Sandifer.

COUNCILMEMBER SANDIFER: Mr. Chalk, we don’t get our information till Thursday.

MR. CHALK: I understand that.

COUNCILMEMBER SANDIFER: So, is there any reason that you guys should get yours or have to not to produce anything differently than that?

MR. CHALK: If we -- if I become part of a group again in the near future or future, I’m sure we can get it there by 12 o’clock on Thursday.

COUNCILMEMBER SANDIFER: Okay.

MR. CHALK: If that’s what the rules are.

COUNCILMEMBER SANDIFER: Right.

MR. CHALK: I just think that the rules are somewhat restrictive.

COUNCILMEMBER SANDIFER: Okay.

COUNCILMEMBER PFLUMM: I happen to agree with Mr. Chalk because --

MAYOR DISTLER: Mr. Pflumm.

COUNCILMEMBER PFLUMM: Sorry. I happen to agree --

MAYOR DISTLER: Just so the people know who is talking.

COUNCILMEMBER PFLUMM: Okay. I happen to agree with Mr. Chalk because the people or citizen interest group might not even get the information that they want to talk about it goes online Thursday or Friday. So, how are they going to know to put their information in? That’s just -- the timing.

MR. CHALK: That’s when I got this.

COUNCILMEMBER PFLUMM: Yeah.

MAYOR DISTLER: Mr. Kemmling.

COUNCILMEMBER KEMMLING: Yeah. I’ll just echo what Dan said. I think -- I don’t know if we want to change this to maybe just be an outline of comments as opposed to complete presentation. But if they’re not getting information till Thursday, it’s hard to already have their stuff prepared before the packet comes out. So, I tend to agree with Mr. Chalk and with Dan.

COUNCILMEMBER PFLUMM: There’s just no possible way they’re going to know what to put in their presentation.

MAYOR DISTLER: That was Mr. Pflumm. Mr. Kenig.

COUNCILMEMBER KENIG: I think it partially depends on, you know, if there’s going to be a professional, you know, prepared PowerPoint presentation that’s one thing. And I think that’s why we have the Thursday deadline. But if it’s just a series of comments or comments made together, then I could see, you know, just an outline and being able to have more leverage that way. But, you know, maybe we have distinction on whether or not, you know, there’s going to be a, you know, a specific presentation, slide presentation prepared versus an outline of the comments that are going to be made, you know, by one person. So, that’s maybe a distinction there.

COUNCILMEMBER SANDIFER: That works.

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

COUNCILMEMBER JENKINS: Yes. Because I would echo some of the comments. I’m not really having a problem with it. The idea was aimed at a formal presentation that would be a prepared presentation. In the case there was a prepared presentation such as Councilman Kenig was talking about where there was slides and stuff available, it would be nice to have those in advance as a Councilperson, so the Council has an idea of what’s being presented. And it actually helps you focus on the presentation a little better when you can kind of read along with your slides and stuff. So, it’s not -- I don’t see it to be a critical issue, but it would be helpful to the Council if it’s a formal presentation that all the information is already available. But I don’t see us making it a hard and fast requirement either, so I’m kind of caught in a pickle here. Because like I say in a situation like you’re describing where the information may be slow coming in and you’re still awaiting a piece of information that’s vital to your presentation that would be significant, of course, and I think that would need to be admitted, of course.

MAYOR DISTLER: To that same point though I think it also helps them. Because with me being presented at that time I have less time to reflect on their comments than if I have five days to think about their comments. Their argument would be stronger with me the longer I had to think about it versus it being presented right at that moment and then I don’t have time to process what’s being presented. So, I think it would actually help them the longer I had the information. But that’s my personal opinion. Mr. Neighbor.

COUNCILMEMBER NEIGHBOR: Yeah. I would echo just what you said then to what Eric said because, you know, I think one of the reasons to do this is so that it’s in the packet so we get a chance to digest it and we’re not getting, I’ll use the term blind-sided for want of a better term. But we’re not coming up absolutely cold. We have a chance to think about it and the pros and the cons. And I would also offer there at the same time that there are perhaps other people that might be -- that it would be both sides might want to do the same thing. And if that outline is presented, it would give the opposition or both sides to present something, you know, going forward. But I don’t have any heartburn, you know, either way.

MAYOR DISTLER: Mr. Vaught.

COUNCILMEMBER VAUGHT: Yeah. He kind of said what I saying. You know, the idea that, well, if it comes out in the, you know, if the information isn’t published till Thursday, then the group doesn’t have time to take that. Well, the reality is anytime you’re going to have a large group opposing something, it’s not going to be opposed based on something that comes out in the packet on Thursday and then you’ve got to get organized and get something done by Monday. These are issues where it’s a zoning issue, it’s a development, it’s something big enough that this is ongoing where there’s public meetings, there’s public input and a group is organized like you guys did. And a group organizes and says we don’t like this. So, regardless of, you know, when our information comes out on Thursday and what’s in it, that information is already out there that that group would have that would have plenty of time. So, and I think I brought this up when we had this in committee. I don’t really have any heartburn coming out later on the fact that I think I don’t want to have it on Monday afternoon. I mean, I think if we’re going to have, you know, a 20-minute presentation by somebody and several pages of information that it’s kind of hard for us to get our head around it and really have a good discussion about it in a Council meeting unless we actually have time to look at it and kind of see. And so it doesn’t have to maybe -- and I agree, it doesn’t have to be the exact presentation. But I think the -- I would want to think that we’d want the majority of the content, like these are the issues we’re raising, these are out concerns, so we kind of know where it’s going and what we’re going to be faced with. I don’t think we need a play by play. I mean if someone wants to do one. Here is [inaudible] this is our presentation and they turn it on Thursday, it would be great. If that’s not the complete presentation, I don’t have any heartburn over that. But I’d like to know what is -- what’s going to be the content of it. What are we dealing with. What’s the opposition so that we’re not just getting blind-sided. And a lot of it just keeps things moving along. Because then what we end up doing is tabling a meeting because we didn’t have all this information before versus if we have it ahead of time maybe we can get it resolved that night and just keep things moving on queue versus us constantly pushing it off to the next meeting. So, I, you know, I think it’s kind of what everybody is thinking is give us something I would think, I mean but not necessarily a word-for-word play-by-play.

MAYOR DISTLER: Mr. Sandifer, then Mr. Kenig.

COUNCILMEMBER SANDIFER: Is there any chance, you know, of possibly going, you know, kind of choosing the incident, you know, for like a big to-do like what we were having at that period of time. You know, if we could somehow pick and choose what it was or give it a limitation. But maybe give them until a certain Friday, you know, for that type of a deal. Not open the door for everybody like that, but for a larger issue that we have.

COUNCILMEMBER PFLUMM: I’d be okay with that.

MAYOR DISTLER: Mr. Kenig.

COUNCILMEMBER KENIG: Yeah. I was just going to add I think it has been not only just for us, but probably for members of the public as well to have some of that information beforehand. And probably to the public interest the group as well that is presenting that information. Because it may be there’s other members of the public that may agree, but they want to see how the argument is going to be framed and what approach is taken. And so if they have that information beforehand they may decide to be part of that group rather than speak independently. So, you know, that’s something to also consider as well. But I do think we need to have whatever we decide it needs to be consistent. I think it gets really dicey if you start having different rules for different types of groups and who -- it becomes arbitrary who decides and just -- cautious.

MAYOR DISTLER: Mr. Kemmling.

COUNCILMEMBER KEMMLING: I agree quite a bit with what Jeff said. We don’t need to maybe have the verbatim presentation, but it would be good to have some points, and the Mayor said this too. Then we get to look over that beforehand, we’re maybe less likely to push something off. I also agree with Brandon said. I don’t like having the two sets of rules. I like having one set of rules. But the actual verbiage here now that I read it says, “A copy of the presentation and/or consolidated comments.” So, the wording as proposed doesn’t mean that we have to have a verbatim presentation. I think it would be nice for us to maybe have just some kind of information. The developer gives some kind of information on Thursday or in this one instance. And then you guys can have some highlights, too. And it doesn’t have to be word for word what the presentation is going to be. But something that maybe we can start to consider some of these points ahead of time and anyone in the public that gets the packet can see maybe some of those points as well. So, I think the verbiage that we have in today allows for some flexibility as far as what really needs to be turned in that Thursday or submitted on Thursday.

COUNCILMEMBER PFLUMM: And we could refine it later.

MAYOR DISTLER: Mr. Pflumm.

COUNCILMEMBER PFLUMM: We could refine it later. We’re taking baby steps.

MAYOR DISTLER: Mr. Jenkins.

COUNCILMEMBER JENKINS: Just another comment. If the information is essentially available, and I think that’s what we’re looking for is something essential. If you had a full-blown PowerPoint and everything is square away and this is what we’re going to talk about and you want to submit that, great. But otherwise, I think the consolidated comments thing covers it pretty well. But I think it also -- if that information is out there and hung on our website for the City, if people could take a look at that, there may be some people saying, wow, this group really missed the boat, this is my big concern, I want to make sure I’m at that meeting so I can get my comments heard. So, I think it just kind of -- I think it actually promotes thought by the citizens and gives them a chance to say, hey, yeah. I think I want to be a part of this too, so I’m going to show up for that meeting and make sure I get my point across because this is -- the meeting is not limited to just one [inaudible]. The people in that group cede their time to this. Everybody that has signed onto that group that’s their time in that one presentation. So, they’re not going to get up and do five minutes and more. But other members of the audience that aren’t signed onto the group would have the opportunity to make additional comments and add maybe some different slants on to the way they see it. So, I think that kind of -- we’re trying to capture as many people as possible and get as much input as we can. So, what the idea of where the language I think is loose enough to allow for not saying you’ve got to have a verbatim presentation to us by Thursday, I think that gives -- that should give enough wiggle room where we can do it.

MAYOR DISTLER: And like I said, I think it’s in the group’s best interest the longer time the Councilmembers and the public have to see these things and --

MR. CHALK: I just want to conclude by, first of all, I think this is an excellent step forward in comparison to what we had in the past. The only other comment is I wish the opposing side could be limited to the same amount of time. Thank you.

MAYOR DISTLER: Well, anybody that would sign up as a group would have --

MR. CHALK: I was referring to the presenter or the lawyer that’s going to be doing that.

MAYOR DISTLER: Yes. And so in my ten years on the Council we’ve never even actually had any type of presentation like that before. I didn’t realize it was going to go as long as it did, but I was actually the one that had requested it because there was so much mis-information out there and so much confusion amongst the public, amongst the Councilmembers. So, I was the one that had asked for that presentation. Again, as I said I didn’t realize it was going to go as long as it did. But in my ten years we’ve never had a developer that came in and did a presentation like that before. So, if you want to blame anybody that was me because I was trying to clarify what exactly it was that they wanted to do. And then I also want to clarify too that as the audio minutes reflect, and Mr. Frizzel’s video, while the time restrictions were enforced, nobody speaking was ever gaveled down, it was the unruliness of the audience. And so we have that on both video and audio.

So, does anyone else from the audience that would like to speak to this item? Seeing none, I will accept a motion. And are you going to make the change with the --

COUNCILMEMBER JENKINS: Can I make the motion? I move for acceptance of the new changes to Policy Statement Number 7, including the one we didn’t discuss where the Mayor had put in that portion -- suggestion about people not being able to come in and read letters for somebody else, so adopting that. And changing the name of the interest group to the citizens interest group.

MAYOR DISTLER: Okay. Do I have a second?

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 Jenkins and seconded by Councilmember Pflumm to approve revisions to Policy Statement, PS-7, Conduct of Public Meetings with the name change of the group to "Citizens Interest Group" instead of "Public Interest Group". The motion carried 7-0.]

J. STAFF ITEMS

1. CONSIDER REVISIONS TO POLICY STATEMENT, PS-30, RENTAL POLICY FOR THE CIVIC CENTRE AND SHAWNEE TOWN FACILITIES.

MAYOR DISTLER: The next item on the Agenda is Staff Items. Item Number 1 is to Consider Revisions to Policy Statement, PS-30, Rental Policy for the Civic Centre and Shawnee Town Facilities. Revisions to this Policy Statement were approved by the Governing Body on December 12, 2016. A housekeeping correction to the Full Building rental fees at the Civic Centre was overlooked during the updates. The recommended action is to approve revisions to PS-30. 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 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 Sandifer and seconded by Councilmember Vaught to approve revisions to Policy Statement, PS-30, Rental Policy for the Civic Centre and Shawnee Town Facilities. The motion carried 7-0.]

K. MISCELLANEOUS ITEMS

1. RATIFY SEMI-MONTHLY CLAIM FOR JANUARY 9, 2017, IN THE AMOUNT OF $4,695,639.14.

MAYOR DISTLER: The next item is Miscellaneous Items. Item Number 1 is to Ratify the Semi-Monthly Claim for January 9, 2017, in the Amount of $4,695,639.14.

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 VAUGHT: 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 Vaught and seconded by Councilmember Neighbor to ratify the Semi-Monthly Claim for January 9, 2017, in the Amount of $4,695,639.14. The motion carried 7-0.]

2. MISCELLANEOUS COUNCIL ITEMS.

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

COUNCILMEMBER JENKINS: Just one small item. I’d just like to extend my thanks to our elected delegation from the City of Shawnee for taking time out to meet with us in the last couple of weeks to go over our legislative concerns and share our thoughts with them and them share their thoughts with us. I thought it was a great exchange the one I sat in on. So, I just wanted to thank those folks for working with us on that.

MAYOR DISTLER: Thank you.

L. ADJOURNMENT

MAYOR DISTLER: Any other items from the Council? Okay. If there’s no other items I will accept a motion to adjourn.

COUNCILMEMBER SANDIFER: Motion to adjourn.

COUNCILMEMBER PFLUMM: So moved -- 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 Sandifer and seconded by Councilmember Pflumm to adjourn. The motion carried 7-0.]
(Shawnee City Council Meeting Adjourned at 7:28 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 January 15, 2017

Deborah A. Sweeney, Recording Secretary

APPROVED BY:

_______________________

Stephen Powell, City Clerk











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