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CITY OF SHAWNEE
CITY COUNCIL MEETING
MINUTES
February 13, 2017
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 KenigPublic Works Director Whitacre
Development Services Dir. Wesselschmidt
IT Director Bunting
Police Chief Moser
Fire Chief Mattox
Communications Manager Breithaupt
Applicants Developer Chapman
Assistant Public Works Director Gard
Parks and Recreation Director Holman
Police Captain Brunner
Police Major Larson
Research and Analyst Manager Collins

(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.

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: I believe we have some Boy Scouts in our audience tonight. So, if you would please come lead us in the Pledge of Allegiance followed by a moment of silence? You want to come up front?

(Pledge of Allegiance and Moment of Silence)

MAYOR DISTLER: Thank you.

COUNCILMEMBER SANDIFER: Don’t run off.

MAYOR DISTLER: Now, if you’d like to turn around and introduce yourselves to everyone and tell what troop you’re with.

(Boy Scouts introduced themselves)

MAYOR DISTLER: Thank you so much for your help tonight.

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 8-0.]
D. MAYOR’S ITEMS

MAYOR DISTLER: The next item is Mayor's Items and I do not have any tonight.
E. BUSINESS FROM THE FLOOR

MAYOR DISTLER: And then the next item is Business from the Floor. Is there anyone who has comments on an issue that is not on tonight’s agenda? Mr. Erlichman, please come forward. State your name and address for the record.

Public Comment:

MR. ERLICHMAN: Ray Erlichman (Address Omitted) here in Shawnee. Madam Mayor, members of the Council, some of you may remember that awhile back I came before the Council at the same time, Business from the Floor, and asked that we start looking into the possibility of recouping some of our funds that we lay out with regards to incentives for various projects in the city. And some of that was based on what had happened with 10 Quivira Plaza where they sold it at a multi-million dollar profit, which is great. That’s the American way of life. And our people were still paying on the CID tax. But that money went back to I believe it was Chicago. And I’m not asking us to stop incentives because there are many times when incentives are good. But I see no reason why the city as an investor in these projects cannot get our money back that’s been invested.

By the same token you may remember when I first brought up this subject I said we would not even consider, quote, “a profit, a sharing in the profit over and above our investment, just get our money back.” And after I finished my comments a member of the Council, thinking it was a good idea said, yeah, let’s see what we can do about bringing something like this forward. And something like this never takes two days, it’s got to take time to be researched and analyzed and various departments and legal has to, you know, look at it from different points of view. And then it’s got to go to a committee and the committee has got to hash it out and think of different things like what happens if it’s sold for a profit, but the time hasn’t expired on the abatement or incentive or whatever, how do we handle that? And that would all come up in Council Committees.

Well, tomorrow is Valentine’s Day. It’s also 11 months, March 14th of ’16, since this suggestion was made and a member of the Council agreed and said let’s bring it forward. And unless I’ve missed something, which is possible, in 11 months I haven’t seen an outline, an initial plan, or anything about how to proceed on this topic. And personally I think that’s wrong. I think that it’s something that needs to be looked at. I believe it’s quite possible that there are people on the Council that agree that it needs to be looked at. No decision can be made until it is looked at and various options brought forth. But I’m just wondering how much longer do we have to wait before this brought before a Council Committee with some type of an initial input as to how it can happen. I’d hate to see it wait another 11 months. Personally if it was up to me I’d like to see it, you know, in the next 60 days at the maybe April Council Committee meeting. That would be 13 months since it was originally introduced. And that’s what I’d like to say tonight. I just hope that the Council as a whole or some of its members might agree with me on just let’s see a plan. Not make a decision. We can’t make a decision. I know that. I don’t have to be told that. But let’s see a plan. And that’s my comment.

MAYOR DISTLER: Thank you.

COUNCILMEMBER PFLUMM: Can I make a comment?

MAYOR DISTLER: Mr. Pflumm.

COUNCILMEMBER PFLUMM: Yeah. I think that’s a good idea. I’ve been in favor of many of the incentives that have come through this building here. But I’d also like to see how they pan out in the, you know what I mean, in the years to come for each incentive project.

MAYOR DISTLER: Did you want to respond before Mr. Neighbor?

CITY MANAGER GONZALES: Well, I was just going to say the Annual Economic Development Report that we do goes incentive by incentive and talks about the initial goals for it and then what is actual is for that year and cumulatively. So, I guess I’m not clear on what other information is needed to put anything together that the Council wants.

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

COUNCILMEMBER NEIGHBOR: Yeah. I think I would ask the -- it’s my understanding that it is in state statute that you can’t -- that once it’s in state law that that’s not part of the CID thing. I might be incorrect and I would ask Mr. Rainey if he could check on that for us.

MR. RAINEY: Well, certainly I can. I thought our finance counsel had looked at that and given us a report on that. And I hate to say what that is without having it in front of me.

COUNCILMEMBER NEIGHBOR: Okay.

CITY MANAGER GONZALES: We can go back and find out.

MR. ERLICHMAN: But that would just be one item, CID. I mean we have TIFs, TDDs, abatements, everything else. The question is, and since I originally brought that up, nothing even came back as to what you said, Mr. Neighbor. Nobody even said that it can’t be done because of law or state law. I mean it’s been just like pushed on the side or something like that.

MAYOR DISTLER: Mr. Sandifer.

COUNCILMEMBER SANDIFER: I would like to also maybe see some of the reports on it to see what’s going on. I’m all about getting the businesses encouraged and going. And I’m all about making money. I mean that’s what this world is about. If they can’t come in here and possibly get an incentive, dress up some part of our city, make it better, they don’t want to come in here. But at the end, if the city is out anything, I’d like the city to get back what’s theirs, you know, if that’s possible. If they’re going to sell it and make quite a profit, the city should get what’s theirs back, you know, if we’re out anything. And I’d like to look into that myself.

MAYOR DISTLER: Mr. Kemmling.

COUNCILMEMBER KEMMLING: Yeah. Ray, I didn’t want to put words in your mouth. But what I understood is you’re basically talking about 10 Quivira where we gave them taxpayer dollars to renovate it and then they sold it at a profit. And you wanted to look into some kind of clawback provision if they’re making a profit off of the money we basically paid to renovate. Is that your statement?

MR. ERLICHMAN: That is correct. In other words, whatever we put into it --

COUNCILMEMBER KEMMLING: Right.

MR. ERLICHMAN: -- just get back the initial investment.

COUNCILMEMBER KEMMLING: Right.

MR. ERLICHMAN: In other words, if Mr. Jenkins wants to open up a restaurant for $500,000 and he’s got 450 and he turns around to you and says, Mr. Kemmling, give me 50. And three years from now he sells it for a million and a half, under my plan you’d get back your 50. Under your plan you’d probably want 150 because you’d want a portion of the profits. But that is correct.

COUNCILMEMBER KEMMLING: Yeah.

MR. ERLICHMAN: Now, whether or not it’s part of state law I don’t know as Mr. Neighbor mentioned tonight. Nobody has ever said anything in the past 11 months about that but that’s just one type of incentive, the CID. We have an alphabet soup of incentives out there.

COUNCILMEMBER KEMMLING: Right. Right. So, I’d be in favor of looking into that too if even we can legally do it. And if we can, I think it would be a nice stipulation to have in those if we’re going to be handing out taxpayer dollars to developers and they’re profiting from it. It would be nice to recoup our cost if we could. So, I’d be for looking into it if it’s possible.

MAYOR DISTLER: Mr. Vaught and Ms. Meyer.

COUNCILMEMBER VAUGHT: I would just ask that, number one, you’d have to distinguish profit. So, where do they start, where do you finish. And we don’t just hand out money for somebody to benefit their business, we give incentives to incentivize increasing the tax base. So, what we get in return is an increase in a tax base. We’re already getting a return. And the case of 10 Quivira, yes, there was a sales tax and the sales tax is still going, but it’s tripled, tripled or quadrupled the appraised value which is a lot of money that’s coming back to the city, the school district and everybody else. So, we get it. So, why not ask everybody if you’re in favor, and I’ll say the same thing because I deal with this in real estate. If you want to share in the profit, are you also willing to share in the risk? Because if you’re going to tell somebody we want a percentage of your profit, then they’re going to say fine. Then you take on a percentage of my risk because we don’t have a risk. When we do a TIF we don’t back those bonds. If the project fails, it’s on them. It’s not on us. And so we’re not participating in the risk, so why should we participate in the profit. You have a developer that comes in. He risks his time and fortune to create something in Shawnee. And, yes, he’s going to make money doing it. But how many developers lost their shorts during the recession? And we didn’t participate in that. We didn’t go and have to pony up. They lost. A lot of them went bankrupt, are gone. So, you know, I -- this is capitalism and we’re a capitalist country. And so if we want to start going down that path of we want a share of everything you do, then I guess we need to change our motto because that’s -- to me that’s not what we’re about. That’s not capitalism. If we want to share in the risk as a city, then -- if we want to share in the profit, then we’re going to tell them we’re also going to share in the risk. Or to me that’s just a grab. They’re increasing -- they’re creating value. A guy comes in, he gets in incentive. In the case of 10 Quivira he created value. And, you know, look at Christie’s Development where Johnny’s is. He took a defunct corner and he risked a lot and, yes, he’s made a lot of money, but he’s created value and revenue for the city. And that’s what it’s about. We go down this path. We don’t have developers breaking down our doors to do developments. We do something like this, we’re going to get less developers coming in here to do stuff because why would they. Why would they say, well, I’m going to go with Shawnee and then if I make a profit, I’m going to share it. But I can go to Lenexa, Olathe, Overland Park, none of these other cities do that. So, why would you want to come to Shawnee? I’m just -- I think we really need to put some thought into something like this.

MR. ERLICHMAN: Well, first of all, that’s what I was asking for was to put some thought into it and see what it comes up with. That’s number one. Number two, we are sharing in the loss because if there’s no profit on the sale we don’t get back any of that money that I’ve asked about. So, we have shared in the loss. Number three, we talk about some of these projects contributing to the city and the tax base and then yet what we have done over the past couple years, had a vote for a sales tax increase, increased the mill levy. As far as going to other neighborhoods and other cities and they’d rather do business there, I mean I know it’s an unusual situation, but I believe LANE4 is going into the Metcalf South area and putting up $80 million without any incentives from the City of Overland Park. Maybe that’s just a freak example. But still the question begs to be answered what can or cannot be done. And that’s all I was asking to see happen. Not make a decision now on it one way or the other. Lay it out. Let the Council look at it in a committee and then make decisions accordingly.

MAYOR DISTLER: Ms. Meyer.

COUNCILMEMBER MEYER: Yeah. I would be all for looking at what our incentive package looks like right now. I would say I think we would want to carefully confine that discussion as I do tend to agree with some of what, well, a lot actually, surprisingly, of what Councilmember Vaught said. You know, the point of economic incentives is to spur development. That translates into higher property tax values, more sales tax revenue, on and on, other, you know, intrinsic-extrinsic benefits to the community. So, I think it is a little different. I recognize there are other cities who are sort of playing the game differently who can do it without incentives. Shawnee has some challenges that are unique to us, topography being one. It’s very costly to develop on the side of a hill as opposed to flat Overland Park. So, I don’t want us to do anything that would further any existing or ongoing perception that we are anti-development. I think getting into a conversation about taking some profit, however we want to use those semantics, is a dangerous path to start heading down if we want developers to continue to come into the city. So, I just want us to be mindful of that, that we don’t further dampen the development work here.

MAYOR DISTLER: Mr. Sandifer?

COUNCILMEMBER SANDIFER: [Inaudible; talking off mic.]

MAYOR DISTLER: Oh, Mr. Jenkins, then Mr. Sandifer.

COUNCILMEMBER JENKINS: Yeah. One of the comments I have is in listening to the conversation taking place is that I hear this talk about we’re going to share in profits. And I don’t think I remembered Mr. Erlichman talking about us sharing in profits at all. He was talking about recouping that initial cash we put into that to help that business initially to get it off the ground and help it get going. And there can be instances where a business may come to the city to leverage money from the city with the purpose of just fixing the place up, turning around and selling it. We don’t really gain any of those benefits, those long-term benefits which were described about the, you know, the property taxes and the increasing sales taxes and other intrinsic value that might be there as well. I think to just make a quick, if I can do just kind of a flip job they just make a profit and on and off they go. And I don’t think we’re necessarily in the business of helping these businesses do that. If they were to -- if that were to occur, I’d like to get just my piece of the pie back, say it was 100,000 bucks or whatever. Say, okay, that’s nice, you made a big profit, but I’d like -- I think you ought to -- the city ought to be able to recoup those dollars because those were taxpayers’ dollars. And so I think we need to look into it. I think it’s a good idea and I would certainly favor that. I’m not sure if we’ll come up with any hard and fast ideas, but I would like to at least kick this around. I think Carol implied they’ve already done some stuff. There is some information already there that we’re just not privy to at this point. That would be a great starting point. Just, you know, share that with us in one of the Council Committee meetings and just create more of a comfort zone for where we are with this stuff.

MAYOR DISTLER: Mr. Sandifer and then Ms. Meyer and then Mr. Kenig.

COUNCILMEMBER SANDIFER: You know, I wasn’t speaking about getting into profits. What I was speaking about is, and where I was basically focused was, you know, we help somebody come in and give them incentives to buy a piece, to remodel a piece of property and make it very valuable. I’m more like what Mr. Erlichman has said. And I’m only about if they sell it ahead of the duration of what we allow them for any of the taxes. If they write it out, I don’t think we should have to go back and try to collect it. But if they’re just coming into do something and flip it and make the money off of it and they’re using taxpayer money to do it, I think that part of the taxpayer money needs to be returned back when they flip it. But the people that want to write out the duration of what we’ve given them for tax incentives, I don’t think that we should have to go back and go after them.

MAYOR DISTLER: Ms. Meyer.

COUNCILMEMBER MEYER: Yeah. I’ll just quickly say I think -- well, I think we’ve kind of made it pretty clear that we should have a conversation about this perhaps and maybe that makes more sense on an agenda so we won’t go completely off topic. But just to clarify, just one quick thing. I do think that there is a benefit to the community if somebody comes in, invests even part of our resources and part of theirs and then creates something that is a more attractive community, cleans up a building that is blighted, I think that is a benefit to the community. So, I think it just depends on how you look at it. But a conversation for another day.

MAYOR DISTLER: Mr. Kenig.

COUNCILMEMBER KENIG: Yes. I’d like to echo Councilmember Meyer’s comments. I think that this is something that we should tread carefully in. But I do think it’s worthwhile to have a discussion on the governance of these programs, which ones that state law come into play, what are our limitations, you know, what flexibility do we have program by program, so that we can have a better understanding that if we are going to make tweaks where those would occur. I would feel more comfortable making adjustments on the criteria in terms of how developers would be eligible in the first place for some of those programs and what criteria they would have to meet. I do think you have to be careful if you get into a conversation about reclaiming -- recouping funds, what distinguishes those programs from just being in some facet loan programs at some point. We have a variety of programs and each have their own criteria, their own purpose and use, and so they should probably all be looked at differently. But, you know, I think probably the place to start is having a conversation around governance and criteria.

MAYOR DISTLER: Okay. Thank you. So, we’ll have a future conversation on this topic. Thank you, Mr. Erlichman.

MR. ERLICHMAN: Thank you.

MAYOR DISTLER: Is there any other business from the floor? Any comments on anything that is not on tonight’s agenda? Okay.

F. PUBLIC ITEMS

1. CONSIDER CONTRACT NO. 2017-0012, AN EXCISE TAX ABATEMENT AGREEMENT WITH TH-SHAWNEE, KS-1-UT, LLC.

MAYOR DISTLER: The next item on the agenda is Public Items. Item Number 1 is to Consider Contract No. 2017-0012, an Excise Tax Abatement Agreement with TH-Shawnee, KS-1-UT, LLC. This is for a small hospital.

Pursuant to policy, TH-Shawnee, KS-1-UT, LLC, has formally requested to be considered for the conditional abatement of the excise tax on 4.3 acres of unplatted land generally located in the 15000 Block of W. 67th Street for the purpose of developing a one lot office subdivision.

The recommended action is to approve and authorize the Mayor to sign the agreement. 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 moved and seconded by Councilmember Sandifer seconded to approve and authorize the Mayor to sign the Excise Tax Abatement Agreement (Contract No. 2017-0012) with TH-Shawnee, KS-1-UT, LLC.
The motion carried 8-0.]

G. STAFF ITEMS

1. CONSIDER THE PURCHASE OF SELF CONTAINED BREATHING APPARATUS UNITS FOR THE FIRE DEPARTMENT.

MAYOR DISTLER: The next item on the agenda is Staff Items. Item Number 1 is to Consider the Purchase of Self Contained Breathing Apparatus Units for the Fire Department.

The Shawnee Fire Department collaborated with four other departments to purchase Self Contained Breathing Apparatus units through FEMA's Assistance to Firefighters Grant program. The grant was approved and is being administered by the City of Olathe and covers 90 percent of the costs. The City's portion of the match is $36,484.61. Accessories and equipment not covered by the grant cost $102,136.92 for a total cost of $138,621.53.

The recommended action is to approve the purchase. Does anyone on the Council have any questions? Mr. Jenkins.

COUNCILMEMBER JENKINS: Not so much a question, just I want to thank Chief Mattox for his work. I think that’s great the way you got together with another community. We leveraged that package to get a grant from FEMA. And I know those dollars are out there. I’ve talked about them before because I actually administered that program when I was at FEMA and I know those bucks are there. So, I appreciate the way it was done. Did a good job of getting in there, getting some of that money and bringing it to Shawnee. So, thank you very much.

MAYOR DISTLER: Thank you. Any other comments from the Council? Anyone from the audience that would like to speak to this item? I’ll accept a motion.

COUNCILMEMBER SANDIFER: Motion to approve.

COUNCILMEMBER MEYER: Second.

MAYOR DISTLER: A motion has been made and seconded 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 Meyer to approve the purchase of Self Contained Breathing Apparatus units and corresponding equipment for the Fire Department in an amount not to exceed $138,621.53. The motion carried 8-0.]

2. CONSIDER THE PURCHASE OF MEDIA STORAGE FOR POLICE BODY CAMERAS.

MAYOR DISTLER: Item Number 2 is to Consider the Purchase of Media Storage for Police Body Cameras.

On November 14, 2016, the Governing Body approved funding for the implementation of body-worn cameras in the Police Department. City staff evaluated several disk storage options for the video and is recommending the Nimble CS1000 Storage Area Network from DataEdge Solutions in the amount of $94,386.93.

The recommended action is to approve the purchase. 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 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 Jenkins and seconded by Councilmember Kenig to approve the purchase of Nimble CS 1000 Disk SAN from DataEdge Solutions in the amount of $94,386.93. The motion carried 8-0.]

3. CONSIDER BIDS FOR POLICE DEPARTMENT 2017 FLEET VEHICLE PURCHASE.

MAYOR DISTLER: Item Number 3 is to Consider Bids for Police Department 2017 Fleet Vehicle Purchase.

The 2017 Public Safety Equipment Fund includes $310,671 for Police Department vehicle replacements. Bids were taken by the Mid America Council of Public Purchasing (MACPP) for the 2017 vehicle bid. The total cost for eleven vehicles is $319,808.

a) Approve the purchase of ten Police Department replacement vehicles from Shawnee Mission Ford in the amount of $295,542.

MAYOR DISTLER: There are two recommended actions. The first is to consider approving the purchase of ten Police Department replacement vehicles from Shawnee Mission Ford in the amount of $295,542.

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 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 purchase of ten Police Department replacement vehicles from Shawnee Mission Ford in the amount of $295,542.
The motion carried 8-0.]

b) Approve the purchase of one Police Department CIU replacement vehicle from Victory in the amount of $24,266.

MAYOR DISTLER: The seconded recommended action is to consider approving the purchase of one Police Department CIU replacement vehicle from Victory in the amount of $24,266.

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: 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 Neighbor and seconded by Councilmember Pflumm to approve the purchase of one Police Department CIU replacement vehicle from Victory in the amount of $24,266. The motion carried 8-0.]

4. CONSIDER BIDS FOR A DUMP TRUCK AND PAVEMENT STRIPING EQUIPMENT FOR THE PUBLIC WORKS DEPARTMENT.

MAYOR DISTLER: Item Number 4 is to Consider Bids for a Dump Truck and Pavement Striping Equipment for the Public Works Department.

The 2017 Budget includes funding for the replacement of one dump truck and pavement striping equipment for the Public Works Department. Bids for the vehicle were taken by the Mid America Council of Public Purchasing (MACPP) and bids for the corresponding truck equipment were through a sealed bid process for the total amount of $141,188. Bids for the pavement striping equipment were done through the HGACBuy in the amount of $196,691.

a) Approve the purchase of a dump truck from Summit Truck Group and corresponding equipment from American Equipment in the total amount of $141,181.

MAYOR DISTLER: There are two recommended actions. The first is to consider approving the purchase of a dump truck from Summit Truck Group and corresponding equipment from American Equipment in the total amount of $141,181.

Does anyone on the Council have any questions? Anyone from the audience -- Mr. Kemmling.

COUNCILMEMBER KEMMLING: On the striping machine I have a question.

COUNCILMEMBER PFLUMM: That one’s next, right?

COUNCILMEMBER NEIGHBOR: Yes.

COUNCILMEMBER KEMMLING: Oh, sorry, am I jumping ahead? Or are we just doing the dump truck?

COUNCILMEMBER PFLUMM: We’re on the dump truck right now.

COUNCILMEMBER KEMMLING: I’m sorry. My bad.

COUNCILMEMBER PFLUMM: Right?

COUNCILMEMBER JENKINS: Well, both items were read into the record at the same, but they’re separated in the approval process.

MAYOR DISTLER: Yeah. They’re separated in the motion part, but I mean do you want to --

COUNCILMEMBER KEMMLING: So, it talks about the maintenance on that striping machine since 2012 being $11,000. I know that there is typical maintenance even with a new vehicle. So, what would be the projected maintenance on a new striper?

MS. GARD: Since it’s not the vehicle, it’s just the equipment that goes on the back of the truck, pretty minimal. The issues we’re having with it right now are the air compressor not working practically for the last two years. So, as long as the air compressor works that’s the major piece of equipment on the machine.

COUNCILMEMBER PFLUMM: We don’t change out the packings out on, you know, on a regular basis.

MAYOR DISTLER: It’s Mr. Pflumm speaking.

COUNCILMEMBER PFLUMM: Sorry.

MS. GARD: Regular maintenance --

COUNCILMEMBER PFLUMM: I would think that there is going to be -- that’s really like less than $3,000 a year. And you say you did a million feet?

MS. GARD: Feet. Yeah. Linear feet.

COUNCILMEMBER PFLUMM: I’m thinking even with a brand new one you’re going to have about the same number I would think.

MS. GARD: We could potentially have maintenance on any vehicle we purchased depending on the vehicle or piece of equipment. But like in your packet memos the crews have had to pull an air compressor behind this truck for the past two years and it’s made it very difficult for them to complete their work within a reasonable time period.

MAYOR DISTLER: Well, and I know from experience those stripes on Maurer, those are mine. If you like those, those are mine. But anyway, yeah. It’s a constant. So, we had to go -- we could only go so far. I mean we were doing one street just from Johnson Drive to Midland. I think we had to return to the shop to or three times to clean out the machine and do all of the stuff because -- I mean, so it’s really slowing down the ability for the employees to get further in a shorter amount of time besides. Just because like I said it took us an entire day to stripe Maurer. Mr. Jenkins.

COUNCILMEMBER JENKINS: Yeah. If I tripped over one of these machines I probably wouldn’t recognize what it was, so I need a little help from you here on this. The compressor, is the compressor an item that can be replaced on this machine or is it a built-in kind of deal where --

MS. GARD: It depends on the piece of equipment you have. But in ours it’s a built-in air compressor. We have tried to replace almost every aspect of that air compressor without replacing the entire machine.

COUNCILMEMBER JENKINS: So, you couldn’t replace it. It’s not like it’s a detachable part.

MS. GARD: Right.

COUNCILMEMBER JENKINS: I’m trying to get a mental image --

MS. GARD: Right.

COUNCILMEMBER JENKINS: -- of what we’re dealing with here.

MS. GARD: Yeah. It’s built into the air spray system for the paint. So, we’ve replaced everything that we could on it.

COUNCILMEMBER JENKINS: Okay. Thanks.

MAYOR DISTLER: Mr. Pflumm.

COUNCILMEMBER PFLUMM: Well, I would just think -- I’m not as opposed to this as I was the street sweeper.

MS. GARD: I appreciate it.

COUNCILMEMBER PFLUMM: We could subcontract it out. But I would be in favor of subcontracting this out.

MAYOR DISTLER: Any other questions or comments? Mr. Kemmling.

COUNCILMEMBER KEMMLING: I guess I’ll just follow-up. Because when I see roughly 3,000 a year in maintenance versus a $200,000 new machine, I don’t see those numbers working out. I mean it takes a long time for the maintenance to add up to a new machine. So, I guess I’m trying to figure out, outside of lost, I guess lost time is the argument?

MS. GARD: It’s a significant amount of time that the crews have to go back to the shop for maintenance of the vehicle. And down time when the maintenance is being performed, it’s days.

COUNCILMEMBER KEMMLING: All right.

MAYOR DISTLER: Well, and I, correct me if I’m wrong, since it was a long time ago, but I mean it seemed like we were back at the shop for over an hour each time.

MS. GARD: Yeah.

MAYOR DISTLER: So, I mean in an eight-hour workday and we went back three times for over an hour each time.

COUNCILMEMBER JENKINS: With the crew.

MAYOR DISTLER: Yeah.

MS. GARD: Uh-huh.

MAYOR DISTLER: Mr. Neighbor.

COUNCILMEMBER NEIGHBOR: Yeah. I just would point out that the packet memo says with a million linear feet, if it was contracted at $0.40 a foot that’s $400,000.

MAYOR DISTLER: Mr. Vaught.

COUNCILMEMBER VAUGHT: I just find it ironic that we just approved -- everybody tripped all over themselves to motion to spend $319,000 Police vehicles, but nobody asked the Police Department if the vehicles are wore out. Yet we’re sitting here hammering Public Works like do you really need this? Is this necessary? I know Public Works isn’t as sexy as the Police Department, but come on. I mean do you really think they’re going to stand up here and, oh, we need this, we don’t really need it. I think we can -- we’ll just keep going back and forth to the shop with it. I mean not once has anybody ever discovered staff bringing us something -- as much as we’ve hammered them over the years, where anybody has said that was approved, that was completely unnecessary and not needed. I bought vehicles for years ago from Shawnee and everybody buys vehicles from Shawnee will tell you, when Shawnee is done with them, they’re done with them. When they’re done with a piece of equipment, they’re done with it. It’s not a really nice shiny, new piece of equipment somebody is going to go buy and put into service. If we’re asking for something new, there’s a pretty good chance the one they have is pretty much toast. So, I mean, I just think it’s amazing. I mean $320,000 in Police vehicles, no one asked. Not even a question.

COUNCILMEMBER KEMMLING: Objection, Mayor. This is not relevant.

COUNCILMEMBER VAUGHT: What are they for. What do they, you know, is it really necessary. The other one is wore out, but then a $100,000 in a striping machine and it’s an interrogation, man. I don’t get it.

MAYOR DISTLER: Mr. Kemmling.

COUNCILMEMBER KEMMLING: I don’t appreciate the lecture from my Councilmember on what I can be concerned about and what I cannot be concerned about. My constituents out here -- I think I have the floor, right?

COUNCILMEMBER VAUGHT: Uh-huh.

MAYOR DISTLER: Yes.

COUNCILMEMBER KEMMLING: Okay. Just want to make sure. My constituents out here, I’m trying to make sure I’m using your money to the best of my ability. I want to be responsible with your tax dollars like it were my dollars. And so that’s why I’m asking questions to make sure we’re spending it the best way possible. So, I don’t appreciate the lecture from my Councilmember on whether I should be asking questions about the efficiency of our spending.

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

COUNCILMEMBER MEYER: 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.

COUNCILMEMBER JENKINS: That was for a dump truck, right?

MAYOR DISTLER: Yes. Yes.
[Therefore, the motion was made by Councilmember Meyer and seconded by Councilmember Vaught to approve the purchase of a dump truck from Summit Truck Group and corresponding equipment from American Equipment in the total amount of $141,181. The motion carried 8-0.]

b) Approve the purchase of pavement striping equipment from Vogel Traffic Services dba EZ-Liner in the total amount of $196,691.

MAYOR DISTLER: The seconded recommended action is to consider approving the purchase of pavement striping equipment from Vogel Traffic Services dba EZ-Liner in the total amount of $196,691.

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

MAYOR DISTLER: Opposed nay.

COUNCILMEMBERS PFLUMM, KEMMLING: Nay.

MAYOR DISTLER: The motion passes with Mr. Kemmling and Mr. Pflumm voting in dissent.
[Therefore, the motion was made by Councilmember Meyer and seconded by Councilmember Vaught to approve the purchase of pavement striping equipment from Vogel Traffic Services dba EZ-Liner in the total amount of $196,691. The motion carried 6-2 with Councilmembers Pflumm and Kemmling voting no.]

5. CONSIDER CONTRACT NO. 2017-0013 WITH WEST INTERACTIVE SERVICES DBA CIVICLIVE FOR THE CITY WEBSITE REDESIGN PROJECT.

MAYOR DISTLER: Item No. 5 is to Consider Contract No. 2017-0013 with West Interactive Services d.b.a. CivicLive for the City Website Redesign Project.

The website redesign project is on the City's 2017-2018 Work Plan. A Request for Qualifications was issued and a team of staff reviewed nine responses. Based on scoring, technical requirements, software tests and reference checks, the team is recommending CivicLive in the amount of $100,395 for design and implementation. Annual hosting fees are $17,569.

The recommended action is to consider approving and authorizing the Mayor to sign the contract. Staff has a brief presentation, and then if the Council has any questions.

MS. BREITHAUPT: Thank you. I’m Julie Breithaupt. I’m the City Communications Manager. And I just wanted to give you guys a broad overview real quick of the steps that we’ve taken so far when it comes to selecting our website vendor.
Website Vendor Selection

[Website Vendor Selection slide]
So, as Mayor Distler just said the website redesign project is on the City’s 2017-2018 Work Plan. The first thing that we did to address this was staff formed a website vendor selection team. It’s a group of ten people and we have representatives from several different departments that you can see up there, from Administration, IT, Culture and Recreation, Police and Public Works. This was important because we really wanted to make sure that we had people who were either active with the website now or who will be moving forward and make sure that we have the stakeholders that we needed in the room as we went through this process.

[Why do we need a new website slide]
Some of you might be asking why we need a new website. I went ahead and put a screenshot of our current website up there on the screen for you all to see. You can see it’s very text heavy. This was launched in 2009 and it’s just, you know, it’s kind of time for a refresh. When people go to our website it’s one of the first things that people do when they’re checking out a city and they’re just really, I mean, it’s just a whole lot of text. You kind of have to search around for what you’re looking for. A lot of really good information on there, but we just kind of need a refresh to present it to make things easier for people to find, which that is really our driving force of doing this project is we want to make things easier for not only our residents, but also as we’re attracting new residents who might be moving to the area, also our business community, developers who might be looking to come to the city. We really want this to be a first place stop for them to come and be able to get their information very easily. We just want to provide a more modern look and feel for our website as well. And we really think it’s important to showcase Shawnee. We have a great city. We want to show off some, you know, pictures of all of our great amenities that we have and great events and videos. And so, again, as people are coming to this website they can really get a look at what we have to offer.

Also our current website is on the Lotus Notes platform. So, with our current website we are kind of doing all that we can right now with it. So, there’s just not a whole lot of flexibility and adaptability as we’re moving forward. We’re a little bit maxed out on what we’re going to be able to do with it. And we’re, you know, we’re gradually moving away from the Lotus Notes platform as well. So, we feel like this will be a good move.

[What have we done? slide]
So, what have we done so far? Our team, the first thing we did was got together and really hammered out a Request for Qualifications. We sent that out in late September. We received responses from nine different website vendors. Our team individually scored each of those nine vendors. We had a score sheet that everything had -- I won’t bore you with all of it, but it all had different weights on what we felt was most important. So, we individually scored all nine responses from the vendors. Then we all got together and kind of compared where we were at. And three companies really rose to the top pretty quickly. And that was CivicLive, Revize and Vision.

[Finalist Evaluation Criteria slide]
Of those three, they all came in or either did a conference call in if they were out of state. And they did kind of their final demonstrations for us. We evaluated them on a large variety of things. These are just a few. I won’t go through each individual one. But kind of as I said really the driver is that we wanted a new look and feel and something that was going to make it easy for our residents to access information online. So, that’s really the driving force from all this. A lot of the other important components here were not only like the content management system, again, we want it to look fresh, but we also need it to be easy to access for the people who are going to be updating content, putting new content on that. That was something that was very important with us. Also having a mobile first or responsive design is another really important element. So, you know, a lot of people aren’t just sitting on their desktop all day looking at websites, they’re on their phone. They’re going, you know, to eat in Shawnee and they’re looking for something and they want to go on our website and see what all we have to offer. We just want to make sure that our website is accessible and easy to use for people no matter what kind of device they’re on. Another very important part of this is the public engagement plans. We really wanted to go with a vendor who had a firm plan of how they were going to engage the community and get feedback for our website moving forward. So, just a few of those components that we wanted to make sure that they did or getting surveys and feedback. Also they do this really cool heat mapping on websites. So, when we get further down the line and have, you know, pretty close to final version of our website we’ll be able to target individuals to go on there and see how they’re using our website and if maybe there is something that they’re spending a lot of time on that we feel like needs to be showcased more that’s kind of a time that we can move that adjust based on what, you know, people here in Shawnee want from their website. So, that was very important. We’ll also have a beta site before we launch it to the public, which again is very helpful because we can target a group of individuals to go on the website, check it out, see what they think and get their feedback then and then make any kind of last minute design changes or anything there. Training and support also very important. The implementation schedule, I believe in the packet memo it said that we really feel like we can have a launch by the fourth quarter. So, that would be great. Experience and references was also very important. We needed somebody, a vendor who was going to make sure that we could be ADA compliant and that they have kind of all tools to get us there. And then, of course, we considered cost as well.

[Recommendation slide]
Of those three CivicLive really rose to the top. And so that would be our recommendation. They are based out of California. Their parent company is West Interactive. But CivicLive really specializes in government websites. It’s what they do. It’s kind of their bread and butter. So, we really feel firmly that that will be the best company to go with. So, what will we get from them? Quite a bit. So, CivicLive was offering us not only the long list of requirements that we had in our RFQ, but there’s also a whole lot of extra bells and whistles that frankly some of us just hadn’t even thought of. So, that’s great.

[What we’ll get slide]
Live social media integration will be great. So, on our home page, you know, we’ll be able to have a live Facebook, a live Twitter feed, links to NextDoor. And we’ve really kind of stepped up the game in that arena. And so it’s just, you know, the more cross promotion you can have within your own city is great. So, if people are coming to our website first, then they’ll also see that, oh, they really have an active Facebook or an active Twitter or, yeah, they have a lot of posts on NextDoor. So, I just think it’s a good platform that we’ll be able to cross-promote ourselves.

And again, I keep talking about design, but just something that’s simple and easy to access information for again not only our residents, but our business community, any potential residents. That’s just really the driving force of this is to make it easy for our people.

And one thing that our website has now is a very strong search capability and we just want to make sure that we’re continuing that. Our IT team is awesome and has had several phone calls and technical dives with the CivicLive team to talk about search and kind of the best avenue for that. CivicLive offers a really great calendar for their website, it’s very interactive. And, you know, we have a whole lot of events. So, whatever we can do to make that easy for people to access and find out is great.

They also offer a lot of survey graphs and polling functions which is something that we just really don’t have now. It’s just another way to really boost citizen engagement. So, if we’re wanting feedback on something, you know, instead of having to create a Survey Monkey and e-mail it out to a Listserv, we can just pop it right there on our website, get live feedback. It’s just another great way to increase transparency and get engagement with our community.

Again, I talked a little bit about responsive design and then also their support is great. They have all kinds of different avenues. And I did call support on several of our finalists as I was kind of going through it and they were by far the most accessible and easy to get to.

[CivicLive References slide]
Just up here are a few of the references that CivicLive provided us. So, in the upper left is Aurora, Colorado. Then you’ll see North Little Rock on the right. And below is the Hutchinson Public Library. I put Hutchinson up there because another really important part of this process was that the vendor that we went with had some museum and educational experience because they’ll also be doing our Shawnee Town website. So, we really wanted to make sure that we had somebody who was familiar and comfortable with that aspect of it as well. Not only did we obviously check the references that they gave us, but we did our own digging.

[CivicLive References Lenexa slide]
And Lenexa is using CivicLive and they will be launching their new website either this week or next. Up on the screen is a shot of their beta site. So again it’s not live yet, but it will be kind of any day now. But we also, you know, really made sure that we did our due diligence and checked around for not only references that the company provided us, but we did our own checking as well to make sure that we were kind of getting the full story from, you know, from places that weren’t necessarily listed in their proposal. And so we definitely did quite a bit of talking and calls with Lenexa to see how their experience is then.

[Vendor Costs slide]
This is just a quick shot of the cost analysis. As we were going through the process we didn’t want the cost to influence us right off the bat, so we really didn’t open it until after we had been through the final demos. But you can see CivicLive was not the most expensive, not the least expensive. However, I will tell you that they are offering far and above what other companies were, including a lot of things that the other vendors were going to be charging extra for.

[Staff Recommendation slide]
So again, the staff recommendation would be to award the contract to CivicLive. And I can take any questions.

MAYOR DISTLER: I do want to comment real quick. So, just as recently as a couple weeks ago I mean I’ve been contacted by residents over the years, but just as recently a couple weeks ago someone who had moved here from San Francisco for a job manager. And so he went on our website to see what, you know, restaurants, where to go, kind of led him to the Chamber site. But he’s a huge history buff. So, he went to the history page and he was looking at that and he got all intrigued with that, and then got led to the Shawnee Town page. And so then he started asking questions of, you know, the originality of our buildings and how to pronounce different names like Pflumm, but he didn’t say it like that. I don’t remember how he pronounced it -- yeah, something like that. But so he’s been so engaged in the community just because moving here and that was the first place he went. And being a history buff that, you know, he is just in love with Shawnee’s history already about the townships and Wild Bill Hickok and all of that. And so now he’s asking me if we have a book. So, I’ve got to find my Shawnee history book and I need to share with him the Police Department’s history book as well. So, just as recently as a couple weeks ago someone who has relocated here from San Francisco was -- because of our website has become so engaged.

MS. BREITHAUPT: Right. Yeah. There’s a lot of great information on there.

MAYOR DISTLER: Yeah.

MS. BREITHAUPT: Just kind of wanting to make it a little bit more user friendly and easy to access.

MAYOR DISTLER: Mr. Kenig.

COUNCILMEMBER KENIG: Yeah. Just kudos to our team, Julie, and all the effort and work you put into this. It’s best practice typically in the industry to redesign your website every three years or so. And so being seven or eight years we’re definitely due for one. And I think most of us know of citizens who have come to us with frustrations on searching for something or just the overall user friendliness of the website. And so being able to redesign that from scratch and be able to maximize content and where citizens are going to. And then also just make a note that there is -- aside of this kind there are so many different hooks into it, third party integrations that we utilize as a city that has to be taken into account. So, just you guys did a good job of considering all of that and all those factors, so.

MAYOR DISTLER: Any other questions or comments. Mr. Kemmling.

COUNCILMEMBER KEMMLING: I agree with our assessment when you said our site is really text heavy because it is. And I know that there is a lot of good information on there if you’re familiar and you know how to utilize it. And it took me a little while to get there. So, I like the idea of making it easier for the user to get the information they need. So, I like that idea. Real quick. What’s the monthly traffic at our site, do we know?

MS. BREITHAUPT: Oh, we just looked up the -- Mel might be able to help me with that. You know, we just looked up the annual one and I think it was 100,000 hits for the annual for the overall website. I’m not sure about monthly. Do you know?

MS. BREITHAUPT: Yeah. We could get that information.

COUNCILMEMBER KEMMLING: It’s okay. Ballpark at 100,000 a year.

MS. BREITHAUPT: We can run Google analytics and get that information you. I don’t have it right in front of me.

COUNCILMEMBER KEMMLING: And what’s our current annual cost on our current website?

MS. BREITHAUPT: So, it’s pretty nominal because it’s hosted within the Lotus Notes platform. So, that would be a change in that, you know, we were just talking about that earlier that right now there isn’t a whole lot of cost with it. However, kind of what you see is what you’re going to get if we stay with the current one. There’s not just a whole lot more than we can do with it.

COUNCILMEMBER KEMMLING: Yeah. So, then I was going to ask you for a clarification because in the beginning when it has the action item and it refers to an annual hosting fee of $17,500, but that’s not web hosting. Because later in the packet it describes that fee as software and service fee.

MS. BREITHAUPT: Yeah. I’m going to have IT Director Mel Bunting come up because that’s a little technical for me.

MR. BUNTING: Yeah. So, Mel Bunting, Director of Information Technology. That is our web hosting services. So, that is the fee to -- when you’re web hosting an application such as this, not only are you going to get the hosting services, which will be basically the server, the infrastructure to host the application, but it’s also the software. There’s a small word flow for promotion, quality control, spell checking. There is a back-end products for like broken links and those kind of things. So, you’re not only getting hosting you’re getting software and services.

COUNCILMEMBER KEMMLING: And it’s all now going to be hosted on their machines?

MR. BUNTING: Correct.

COUNCILMEMBER KEMMLING: -- whereas currently it’s on ours?

MR. BUNTING: Correct.

COUNCILMEMBER KEMMLING: Okay.

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

COUNCILMEMBER JENKINS: Yeah. Mostly not a question so much as a comment. Appreciate the work on that. It looked like a pretty thorough job of analyzing these different companies and what they had to offer and trying to select the one that would provide us the best bang for the buck. And I think you’ve done that. And then, Julie, thanks for your presentation. I thought you did a really nice job.

MS. BREITHAUPT: Thank you.

MAYOR DISTLER: Mr. Pflumm.

COUNCILMEMBER PFLUMM: I was just curious. I kind of was under the impression that we were using some subcontractors to work on our website on a regular basis. And so when I originally saw this I thought it was fairly economical compared to what we had. And maybe that wasn’t as ongoing as I was thinking or something, but.

MR. BUNTING: Yeah. Susan Bedsaul is I think the person you’re referencing to. She’s actually contracting for more Lotus Notes support as a whole. We have approximately 200 programs or applications with varying programming levels of difficulty. So, we’re, again, to say it another way, to recruit or hire a Lotus Notes developer, as we try to exit away from Lotus Notes, which we are, we wanted to continue to employ or engage her for her services and skills that she has specifically in Lotus Notes. So, it’s not only for the website, but it’s a broad brush of all Lotus Notes applications.

COUNCILMEMBER PFLUMM: But we do use her for the website. So, I mean there’s probably -- do we see that contract being reduced while we take our website away from an older platform?

MR. BUNTING: I don’t want to stand here and say yes her services will be reduced. But I would say is that we are reducing our exposure or infrastructure in Lotus Notes. So, it’s logical to make that assumption. But we’re using here in different ways today than what we used her when we developed the application, developed being the website in Lotus Notes. So, I mean as we exit away from Lotus Notes specifically and applications, we’re using her knowledge of the City services, the workflow, the applications, the personnel and the workflow in those departments and using that expertise to help us build out new applications as we replace them.

COUNCILMEMBER PFLUMM: Okay. Thanks.

MAYOR DISTLER: Any other questions or comments from the Council? Mr. Kenig.

COUNCILMEMBER KENIG: Yeah. Julie, just one other quick question. Will CivicLive also be helping us with combing through all of the content, seeing if there’s duplication, reducing that?

MS. BREITHAUPT: Yeah.

COUNCILMEMBER KENIG: Being able to streamline. Because I know that the more files, the more web pages that takes up a lot of web width --

MS. BREITHAUPT: Right.

COUNCILMEMBER KENIG: -- a lot of file storage space.

MS. BREITHAUPT: Yeah. So, the data migration portion of this is not super exciting, but it’s going to be a large and kind of heavy lifting activity that we’re going to get started on right away. But our website currently has over 1,200 pages and we really need to reduce that. So, internally within the departments we’ll be kind of making some tough decisions about what stays and what goes. And then once we get through with all that, then CivicLive does help us get in there and move all of that content from the current website to the new website. And that’s a huge undertaking. And so that was a big bonus of CivicLive is that they have a whole team of people who will do that and give us advice on best practice of what should stay, what should go. Of course we’ll obviously have the final say on that. But, yes, they have a whole team of people dedicated to that. And that’s really going to be the strenuous part of this whole process is that data migration. But they have a whole team specifically geared towards advising us on doing it and then actually moving the content.

COUNCILMEMBER KENIG: Okay. Thank you.

MS. BREITHAUPT: Yeah. Thanks.

MAYOR DISTLER: Any other questions or comments from the Council? Anyone from the audience that would like to speak to this item? Okay. Seeing none -- thank you, Julie.

MS. BREITHAUPT: Thanks.

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

COUNCILMEMBER KENIG: 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 Kenig and seconded by Councilmember Neighbor to approve and authorize the Mayor to sign a contract (Contract No. 2017-0013) with West Interactive Services d.b.a. CivicLive for the website redesign project for an amount of $100,395. The motion carried 8-0.]

6. CONSIDER THE 2017 FEDERAL LEGISLATIVE PROGRAM.

MAYOR DISTLER: Item No. 6 is to Consider the 2017 Federal Legislative Program. A draft of the 2017 Federal Legislative Program is included. Assistant City Manager Nolan Sunderman is available for questions about the proposed program.

The recommended action is to consider approving the 2017 Federal Legislative Program with any recommended changes. Does anyone on the Council have any questions? Anyone from the audience -- Mr. Jenkins.

COUNCILMEMBER JENKINS: Yeah. I just had one question dealing with the -- wanting to update the flood mapping for Shawnee [inaudible] area. I don’t know why we’re not requesting that. Are we requesting it from them, from FEMA? I mean it’s not really a legislative package kind of thing. I mean FEMA has a process where they have a priority list kind of like we do for development in our capital improvements program. And they’re looking for, you know, who are we going to do re-studies on and they’re trying to integrate that into their planning process. It would make sense for us to, hey, guys we want a study over here. You know, just kind of come out directly with that and maybe cc the state water folks so maybe they can give us or write us their support as well. Because I think that’s a doable thing. That’s not really a legislative action so much as that is more of an administrative kind of action.

MR. SUNDERMAN: Yeah. I can talk to Ron Hooper about that. Ron was kind of helping me review this and put it together. So, if there is something that we need to change in there or kind of go a different direction I can talk to him or --

COUNCILMEMBER JENKINS: Yeah. I mean I’d dial direct with these guys is what I’d do.

MR. SUNDERMAN: Doug, or anybody else?

CITY MANAGER GONZALES: I think it is something we’ve asked for and just at the bottom of the list. So, I think that may be why it’s been on there the last couple years, but we can check.

COUNCILMEMBER JENKINS: Okay. Yeah. I’m curious. Just let me know on that because maybe we can do something. Who knows?

CITY MANAGER GONZALES: Yeah. Sure.

MAYOR DISTLER: Okay. Is there 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 on this item. All those in favor say aye.

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

MAYOR DISTLER: Opposed nay.

COUNCILMEMBER PFLUMM: No.

MAYOR DISTLER: Motion passes with Councilmember Pflumm voting in dissent.
[Therefore, the motion was made by Councilmember Sandifer and seconded by Councilmember Meyer to approve the 2017 Federal Legislative Program. The motion carried 7-1 with Councilmember Pflumm voting nay.]

7. CONSIDER PRELIMINARY PLANS AND CONTRACT NO. 2017-0014, A REIMBURSEMENT AGREEMENT WITH JOHNSON COUNTY FOR ENGINEERING SERVICES, RELATED TO THE 6200 BLOCK OF NIEMAN STORM DRAINAGE IMPROVEMENTS PROJECT, P.N. 3401, SMP TC-21-070.

MAYOR DISTLER: Item Number 7 is to Consider Preliminary Plans and Contract No. 2017-0014, a Reimbursement Agreement with Johnson County for Engineering Services, Related to the 6200 Block of Nieman Storm Drainage Improvements Project, P.N. 3401, SMP TC-21-070. This project is on the City's Capital Improvement Program for construction in 2017. On October 10, 2016, the Governing Body awarded a design contract to George Butler Associates. It now requires preliminary plan approval and a reimbursement agreement with Johnson County for engineering services in the amount of $671,221.

a) Approve preliminary plans and authorizing George Butler Associates, Inc. to continue with design of final plans for the 6200 Block of Nieman Stormwater Improvements Project, P.N. 3401, SMP TC-021-070.

MAYOR DISTLER: There are two recommended actions. The first is to consider approving the preliminary plans and authorizing George Butler Associates to continue with design of final plans.

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 to approve the preliminary plans.

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 Jenkins and seconded by Councilmember Vaught to approve preliminary plans and authorize George Butler Associates, Inc. to continue with design of final plans for the 6200 Block of Nieman Stormwater Improvements Project, P.N. 3401, SMP TC-021-070. The motion carried 8-0.]

b) Approve and authorize the Mayor to sign an agreement with Johnson County related to reimbursement of engineering services in the amount of $671,221 for the 6200 Block of Nieman Stormwater Improvements Project, P.N. 3401, SMP TC-021-070.

MAYOR DISTLER: The seconded recommended action is to consider approving and authorizing the Mayor to sign an agreement with Johnson County.

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 to have the Mayor move forward.

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 and authorize the Mayor to sign an agreement (Contract No. 2017-0014) with Johnson County related to reimbursement of engineering services in the amount of $671,221 for the 6200 Block of Nieman Stormwater Improvements Project, P.N. 3401, SMP TC-021-070. The motion carried 8-0.]

8. CONSIDER PRELIMINARY PLANS AND CONTRACT NO. 2017-0015, A REIMBURSEMENT AGREEMENT WITH JOHNSON COUNTY FOR ENGINEERING SERVICES, RELATED TO THE NIEMAN ROAD CORRIDOR MIDDLE STORM DRAINAGE IMPROVEMENTS PROJECT, P.N. 3424, SMP TC-21-073.

MAYOR DISTLER: Item Number 8 is to Consider Preliminary Plans and Contract No. 2017-0015, a Reimbursement Agreement with Johnson County for Engineering Services, Related to the Nieman Road Corridor Middle Storm Drainage Improvements Project, P.N. 3424, SMP TC-21-073. This project is on the City's Capital Improvement Program for construction in 2017. On October 24, 2016, the Governing Body awarded a design contract to Olsson Associates, Inc. It now requires preliminary plan approval and a reimbursement agreement with Johnson County for engineering services in the amount of $1,426,894.

a) Approve preliminary plans and authorizing Olsson Associates, Inc. to continue with design of final plans for the Nieman Road Corridor Middle Stormwater Improvements Project, P.N. 3424, SMP TC-021-073.

MAYOR DISTLER: There are two recommended actions. The first is to consider approving the preliminary plans and authorizing Olsson Associates, Inc. to continue with design of final plans.

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 to approve the preliminary plans.

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 preliminary plans and authorizing Olsson Associates, Inc. to continue with design of final plans for the Nieman Road Corridor Middle Storm Drainage Improvements Project, P.N. 3424, SMP TC-021-073.
The motion carried 8-0.]

b) Approve and authorize the Mayor to sign an agreement with Johnson County related to reimbursement of engineering services in the amount of $1,426,894 for the Nieman Road Corridor Middle Storm Drainage Improvements Project, P.N. 3424, SMP TC-21-073.

MAYOR DISTLER: The seconded recommended action is to consider approving and authorizing the Mayor to sign an agreement with Johnson County.

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 to authorize the Mayor to move forward.

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 Jenkins and seconded by Councilmember Neighbor to approve and authorize the Mayor to sign an agreement (Contract No. 2017-0015) with Johnson County related to reimbursement of engineering services in the amount of $1,426,894 for the Nieman Road Corridor Middle Storm Drainage Improvements Project, P.N. 3424, SMP TC-21-073. The motion carried 8-0.]

H. MISCELLANEOUS ITEMS

1. RATIFY SEMI-MONTHLY CLAIM FOR FEBRUARY 13, 2017, IN THE AMOUNT OF $2,426,732.01.

MAYOR DISTLER: The next item is Miscellaneous Items. Item Number 1 is to Ratify Semi-Monthly Claim for February 13, 2017, in the Amount of $2,426,732.01.

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

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 the semi-monthly claim for February 13, 2017, in the amount of $2,426,732.01. The motion carried 8-0.]

2. CONSIDER CANCELLATION OF MARCH 13, 2017 CITY COUNCIL MEETING.

MAYOR DISTLER: Item Number 2 is to Consider Cancellation of March 13, 2017 City Council Meeting. This meeting coincides with the National League of Cities conference and with Spring Break. Several Councilmembers will be out of town. As the date approaches, if there are items that need action, a Special Meeting can be called. The recommended action is to cancel the meeting.

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

COUNCILMEMBER SANDIFER: So moved.

COUNCILMEMBER VAUGHT: Second.

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

COUNCILMEMBERS NEIGHBOR, JENKINS, KEMMLING, VAUGHT, MEYER,

SANDIFER, KENIG: Aye.

MAYOR DISTLER: Opposed nay.

COUNCILMEMBER PFLUMM: Nay.

MAYOR DISTLER: Motion passes with Councilmember Pflumm voting in dissent.

COUNCILMEMBER PFLUMM: I had to do that.

COUNCILMEMBER MEYER: You could come.

COUNCILMEMBER PFLUMM: You guys probably -- I’m probably the one that proposed canceling it.
[Therefore, the motion was made by Councilmember Sandifer and seconded by Councilmember Vaught to cancel the March 13, 2017 City Council meeting. The motion passed 7-1 with Councilmember Pflumm voting nay.]

3. MISCELLANEOUS COUNCIL ITEMS.

MAYOR DISTLER: Item Number 3 is Miscellaneous Council Items.

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

COUNCILMEMBER KENIG: Yes. I just want to recognize B&B Theaters. A few weeks ago they had their national managers’ meeting right here in Shawnee. Brought over 200 managers from across the country from 13 different states. They stayed at the Hampton Inn. They dined at Paulo and Bill’s. So, it’s just really great and encouraging to see a community partner like that and something we should keep in mind when it comes to incentives and all that sales tax revenue that flooded into our city. So, just very encouraging to see that and see a business that considers itself as a community partner. Thank you.

MAYOR DISTLER: Any other Council items?

4. CONDUCT EXECUTIVE SESSION FOR THE PURPOSE OF RECEIVING ATTORNEY-CLIENT PRIVILEGED COMMUNICATION REGARDING LITIGATION AND DISCUSSING THE ACQUISITION OF PROPERTY FOR THE PURPOSE OF PROTECTING THE CONFIDENTIALITY OF THE ATTORNEY-CLIENT PRIVILEGED COMMUNICATIONS AND THE ACQUISITION DISCUSSION.

MAYOR DISTLER: Item Number 4 is to the Conduct Executive Session for the Purpose of Receiving Attorney-Client Privileged Communication Regarding Litigation and Discussing the Acquisition of Property for the Purpose of Protecting the Confidentiality of the Attorney-Client Privileged Communications and the Acquisition Discussion.

a) Recess to Executive Session for 45 minutes pursuant to the statutory provision for consultation with an attorney for the purpose of receiving Attorney-Client privileged communication regarding litigation and discussing the acquisition of property for the purpose of protecting the confidentiality of the Attorney-Client privileged communications and the acquisition discussion. At the conclusion of the Executive Session, the meeting will resume in the City Council Chambers.

MAYOR DISTLER: I will accept a motion to Recess to Executive Session for 45 minutes for the purpose of receiving attorney-client privileged communication regarding litigation and discussing the acquisition of property for the purpose of protecting the confidentiality of the attorney-client privileged communications and the acquisition discussion.

At the conclusion of the Executive Session, the meeting will resume in the City Council Chambers.

Do I have a motion?

COUNCILMEMBER JENKINS: So moved.

COUNCILMEMBER PFLUMM: Second.

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

COUNCILMEMBERS: Aye.

MAYOR DISTLER: Opposed nay. Motion passes.
[Therefore, the motion was made by Councilmember Jenkins and seconded by Councilmember Pflumm. The motion carried 8-0.]
(Shawnee City Council Recessed to Executive Session from 8:02 p.m. to 8:47 p.m.)

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

COUNCILMEMBER JENKINS: Move to conclude the Executive Session.

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 conclude the Executive Session. The motion carried 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 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 carried 8-0.]

I. ADJOURNMENT

MAYOR DISTLER: Are there any motions?

COUNCILMEMBER NEIGHBOR: Motion to adjourn.

COUNCILMEMBER PFLUMM: Second.

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

COUNCILMEMBERS: Aye.

MAYOR DISTLER: Opposed nay.

COUNCILMEMBER PFLUMM: I would have voted no, but I seconded it, so that would have been bad.
[Therefore, the motion was made by Councilmember Neighbor and seconded by Councilmember Pflumm to adjourn. The motion carried 8-0.]

(Shawnee City Council Adjourned at 8:47 p.m.)

CERTIFICATE

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

/das February 21, 2017

Deborah A. Sweeney, Recording Secretary

APPROVED BY:

_______________________

Stephen Powell, City Clerk











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