City Council
AGENDA
Monday, March 23, 2015
Staff Present:
 City Manager Gonzales
 Deputy City Manager Charlesworth
 Assistant City Manager Killen
 City Clerk Powell
 Finance Director Rogers
 Information Technology Director Bunting
 City Attorney Rainey
 Planning Director Chaffee
 Development Services Director Wesselschmidt
 Police Chief Larimore
 Fire Chief Maddox
 Police Captain Tennis
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Assistant to the Public Works Director Gard
Transportation Manager Sherfy
Emergency Management Coordinator Kegin
Human Resource Manager Dawald
Human Resource Director Barnard
Park Supervisor Spruytte
Legal Assistant Zaldivar
Communications Manager Ferguson
Sr. Project Engineer Lindstrom
Manager of Parks and Facilities DeGraeve
Assistant City Attorney Dehon
The meeting was called to order at 7:30 p.m. by Mayor Meyers.
A. ROLL CALL
All Governing Body members were present.
B. PLEDGE OF ALLEGIANCE & MOMENT OF SILENCE
Boy Scouts from troop 185 led the Pledge of Allegiance.
C. CONSENT AGENDA
1.
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3.
4.
5.
6.
7.
8.
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10.
11.
12.
13.
APPROVE MINUTES FROM THE CITY COUNCIL MEETING OF FEBRUARY 23, 2015.
APPROVE MINUTES FROM THE COUNCIL COMMITTEE MEETING OF FEBRUARY 3, 2015.
REVIEW MINUTES FROM THE PLANNING COMMISSION MEETING OF FEBRUARY 18, 2015.
REVIEW MINUTES FROM THE PLANNING COMMISSION MEETING OF MARCH 2, 2015.
CONSIDER REQUEST FROM THE SHAWNEE GROUP OF ALCOHOLICS ANONYMOUS TO WAIVE THE RENTAL FEE
FOR SHAWNEE TOWN HALL.
CONSIDER AN AGREEMENT WITH THE KANSAS DEPARTMENT OF TRANSPORTATION RELATED TO THE
SHAWNEE MISSION PARKWAY REHABILITATION PROJECT, MAURER TO WIDMER, P.N. 3385.
CONSIDER ACCEPTANCE OF DEDICATION OF LAND FOR PUBLIC PURPOSES CONTAINED IN FP-01-15-03; FINAL
PLAT FOR ESTATES OF TIMBER SPRINGS, 2ND PLAT, A SINGLE FAMILY RESIDENTIAL DEVELOPMENT, LOCATED
ON THE WEST SIDE OF HASKINS STREET AND 50TH STREET.
CONSIDER WITHDRAWAL OF SUP-03-14-07; THE SPECIAL USE PERMIT PREVIOUSLY ISSUED TO VERONICA
HOLLINGER AND LASHONDA YOUNG, FOR CHILDREN R US, A COMMERCIAL CHILD CARE FACILITY FOR UP TO
100 CHILDREN, LOCATED AT 11031 W. 75TH TERRACE.
CONSIDER WITHDRAWAL OF SUP-01-10-02; THE SPECIAL USE PERMIT PREVIOUSLY ISSUED TO DANA RENEE
MCMAKEN TO OPERATE AN IN-HOME DAYCARE FOR UP TO TWELVE (12) CHILDREN AS A HOME OCCUPATION,
LOCATED AT 11216 W. 73RD STREET.
CONSIDER EXTENSION OF SUP-02-10-02; THE SPECIAL USE PERMIT PREVIOUSLY ISSUED TO MELISSA JONES TO
OPERATE AN IN-HOME DAYCARE FOR UP TO TWELVE (12) CHILDREN AS A HOME OCCUPATION, LOCATED AT
11606 W. 60TH PLACE.
CONSIDER EXTENSION OF SUP-01-14-02; THE SPECIAL USE PERMIT PREVIOUSLY ISSUED TO NACHBAR
AUTOMOTIVE TO OPERATE A USED MOTOR VEHICLE SALES LOT IN THE COMMERCIAL HIGHWAY ZONING
DISTRICT, LOCATED AT 6801 HEDGE LANE TERRACE.
CONSIDER A MEMORANDUM OF UNDERSTANDING WITH THE CITY OF LAKE QUIVIRA AND QUIVIRA INC.,
REGARDING EVACUATION OF CERTAIN CITY EQUIPMENT TO LAKE QUIVIRA IN THE EVENT OF SEVERE
WEATHER.
CONSIDER REVISIONS TO POLICY STATEMENT PS-46, ANNUAL STREET RESURFACING PROGRAM.
Motion(s):
Sandfier/Neghbor: Approve Consent Agenda as presented. The motion passed 8-0.
D. MAYOR'S ITEMS
1.
RECOGNITION OF THE 2014 EMPLOYEE OF THE QUARTER HONOREES.
Each quarter employees nominate co-workers for outstanding service and an employee committee comprised of
representatives from each City department is responsible for choosing one employee to recognize for that
quarter. In 2014, the program received 30 nominations for employees who went above and beyond their daily
duties and who are committed to making Shawnee the best it can be.
Parks Supervisor Spruytte and Legal Assistant Zaldivar were recognized.
2.
NATIONAL WORK-ZONE AWARENESS WEEK PROCLAMATION.
Development Services Director Wesselschmidt, Transportation Manager Sherfy, and Assistant to the Public Works
Director Gard accepted the proclamation.
E. APPOINTMENTS
1.
CONSIDER APPOINTMENT TO THE PLANNING COMMISSION.
DISCUSSION: Mayor Meyers is recommending appointment of Henry Specht to the Planning Commission with a
term ending on June 30, 2016.
Motion(s)
Sawyer/Meyer: Approve the appointment of Henry Specht to the Planning Commission with a
term ending on June 30, 2016. The motion passed 8-0.
F. BUSINESS FROM THE FLOOR
1. Rod Houck, 12807 W. 70th Terrace
2. Nancy Martin, 7033 Caenen Avenue
3. Grant Martin, 7033 Caenen Avenue
City Attorney Rainey answered questions.
City Clerk Powell answered questions.
Development Services Director answered questions (off mic).
Recommendation by Councilmember Neighbor: Have staff contact the contractor that is working along 71st Street
and AT&T tomorrow (3/24) and if issues are not resolved in the next few days the council committee will consider
recommending revocation of the permit, and may call a special City Council meeting, on Tuesday, March 31,
2015.
P. PUBLIC ITEMS
1.
RECONVENE AND CONCLUDE THE PUBLIC HEARINGS THAT WERE RECESSED ON FEBRUARY 23, 2015
CONCERNING THE TRANSPORTATION DEVELOPMENT DISTRICT AND THE REDEVELOPMENT DISTRICT
TAX INCREMENT FINANCING PROJECT PLAN RELATED TO THE SHAWNEE LANDING DEVELOPMENT
PROJECT AT SHAWNEE MISSION PARKWAY AND MAURER ROAD.
DISCUSSION: On December 22, 2014, the Governing Body set a public hearing for February 23, 2015 regarding
the proposed TDD. On January 12, 2015, the Governing Body approved Resolution No. 1749
setting a public hearing for February 23, 2015 regarding approval of the TIF Project Plan. Prior to
the public hearings, the developer requested both hearings be continued or recessed until March
23, 2015. On February 23, 2015, the hearings were opened and the Governing Body then voted
to recess the hearings to March 23, 2015. On March 5, 2015, the developer notified the City of
their decision to terminate the proposed project. Both public hearings need to be reconvened and
concluded.
Motion(s)
a) Neighbor/Vaught: Reconvene the public hearing related to the establishment of a
Transportation Development District for Shawnee Landing; The motion passed 8-0.
b) Neighbor/Vaught: Conclude the public hearing related to the establishment of a Transportation
Development District for Shawnee Landing; The motion passed 8-0.
c) Neighbor/Vaught: Reconvene the public hearing related to the proposed Tax Increment
Financing Project Plan for Shawnee Landing; The motion passed 8-0.
d) Neighbor/Vaught: Conclude the public hearing related to the proposed Tax Increment
Financing Project Plan for Shawnee Landing. The motion passed 8-0.
2.
CONSIDER A RESOLUTION APPROVING AND AUTHORIZING THE MAYOR TO SIGN DEED RELATED
DOCUMENTS CONVEYING PROPERTY TO MILL CREEK PLAZA, L.L.C. IN CONNECTION WITH FINAL
PAYMENT OF REVENUE BONDS.
DISCUSSION: In 2005, the City issued Industrial Revenue Bonds for the Courtyard Marriott hotel located at
Midland Drive and I-435. The Company has notified the City that the bonds will be paid in full on
or about April 15, 2015 and intends to exercise its option to purchase the Project as provided in
the Lease Agreement.
Motion(s)
Sandifer/Neighbor: Consider adopting the Resolution approving and authorizing the Mayor to sign
deed related documents conveying property to Mill Creek Plaza, L.L.C. in connection with final
payment of revenue bonds. The motion passed 8-0.
Having passed, Resolution No. 1755 was assigned.
3.
CONSIDER A RESOLUTION ACKNOWLEDGING SUBMISSION OF AN APPLICATION BY ZIMMERMAN
PROPERTIES, LLC FOR HOUSING TAX CREDITS.
DISCUSSION: Zimmerman Properties, LLC has submitted an application for funding to the Kansas Housing
Resources Corporation under the Federal Low Income Housing Tax Credit program governed by
the Internal Revenue Service and administered by the State of Kansas. Included in the
application process is the adoption of a resolution by the City that indicates awareness of the
application for funding.
Motion(s)
Vaught/Sawyer: Consider adopting the Resolution acknowledging submission of an application by
Zimmerman Properties, LLC for Housing Tax Credits. The motion passed 8-0.
Having passed, Resolution No. 1756 was assigned.
COMMENTS:
Planning Director Chaffee answered questions.
The applicant spoke off mic.
H. ITEMS FROM THE PLANNING COMMISSION MEETING OF FEBRUARY 18, 2015
1.
CONSIDER SUP-02-15-02; A SPECIAL USE PERMIT APPROVAL FOR TWISTERS GRILL AND BAR, TO
ALLOW LIVE-ENTERTAINMENT IN THE COMMERCIAL NEIGHBORHOOD ZONING DISTRICT, LOCATED
AT 13410 W. 62ND TERRACE.
DISCUSSION: At their February 18, 2015 meeting, the Planning Commission recommended 9-0 that the
Governing Body approve SUP-02-15-02 for Twisters Grill and Bar, to allow live-entertainment in
the Commercial Neighborhood zoning district, located at 13410 W. 62nd Terrace, subject to the
conditions in the staff report.
Motion(s)
2.
Sawyer/Pflumm: Approve SUP-02-15-02 for Twisters Grill and Bar to allow live-entertainment in
the Commercial Neighborhood zoning district, located at 13410 W. 62nd Terrace, subject to the
conditions in the staff report. The motion passed 8-0.
CONSIDER SUP-03-15-03; SPECIAL USE PERMIT APPROVAL FOR VERIZON WIRELESS, FOR THE
CONSTRUCTION OF A 130-FOOT TELECOMMUNICATIONS TOWER WITHIN THE MID-AMERICA WEST
SPORTS COMPLEX IN THE PLANNED INDUSTRIAL ZONING DISTRICT, LOCATED AT 20200 JOHNSON
DRIVE.
DISCUSSION: At their March 2, 2015 meeting, the Planning Commission recommended 9-0 that the Governing
Body approve SUP-03-15-03 for Verizon Wireless, to allow the construction of a 130-foot
telecommunications tower within the Mid-America West Sports Complex in the Planned Industrial
zoning district, located at 20200 Johnson Drive, subject to the conditions in the staff report.
Motion(s)
Sandifer/Meyer: Approve SUP-03-15-03 for Verizon Wireless, to allow the construction of a 130foot telecommunications tower within the Mid-America West Sports Complex in the Planned
Industrial zoning district, located at 20200 Johnson Drive, subject to the conditions in the staff
report. The motion passed 8-0.
I. STAFF ITEMS
1.
CONSIDER AN ORDINANCE AMENDING THE SHAWNEE MUNICIPAL CODE PERTAINING TO ALCOHOLIC
LIQUOR, CEREAL MALT BEVERAGES, DRINKING ESTABLISHMENTS, AND FARM WINERIES, AND
REVISIONS TO POLICY STATEMENTS RELATED TO FEES FOR LICENSING AND THE SHAWNEE
FARMERS' MARKET.
DISCUSSION: Staff is proposing revisions to the Shawnee Municipal Code (SMC) and two Policy Statements.
The proposed revisions to the SMC would consolidate and reorder various sections of the SMC
related to the licensing and regulation of Alcohol and Cereal Malt Beverages, and allow for the
licensing of Farm Wineries and Outlets. Proposed changes to the Policy Statements would
incorporate licensing fees and allow farm wine to be sold at the Shawnee Farmers' Market.
Motion(s)
a) Sandifer/Meyer: Consider passing an Ordinance amending the Shawnee Municipal Code,
regarding Alcoholic Liquor, Caterers, Cereal Malt Beverages, Clubs, Farm Wineries, Drinking
Establishments, and Temporary Permits. The motion passed 8-0.
Having passed, Ordinance No 3122 was assigned.
b) Sandifer/Neighbor: Consider approving revisions to Policy Statement PS-56, City License Fee
Schedule; The motion passed 8-0.
c) Sandifer/Meyer: Consider approving revisions to Policy Statement PS-63, Shawnee Farmers’
Market Fees and Operating Procedures. The motion passed 8-0.
COMMENTS:
2.
City Clerk Powell answered questions.
CONSIDER REVISIONS TO POLICY STATEMENT PS-47, DOWNTOWN IMPROVEMENT PROGRAMS.
DISCUSSION: The Shawnee Downtown Partnership at their February 26, 2015 meeting unanimously
recommended that PS-47, Downtown Incentive Program be amended to include the Downtown
Restaurant Incentive Program.
Motion(s)
3.
Pflumm/Sawyer: Consider approving revisions to Policy Statement, PS-47, Downtown
Improvement Programs. The motion passed 8-0.
CONSIDER DISPOSAL OF SURPLUS PROPERTY.
DISCUSSION: On October 27, 2014, the Governing Body approved Policy Statement PS-69, Disposal of
Property, which outlines the City's procedure for disposing of surplus property owned by the City.
Staff is recommending the removal of two properties located at 5915 Maurer Road and 5620
Meadow Height Drive from City ownership and hiring real estate agents to sell each parcel. If the
properties do not sell during an appropriate period of time, staff will consider a public auction or
sealed bid process.
Motion(s)
Sandifer/Pflumm: Consider identifying 5915 Maurer Road and 5620 Meadow Height Drive as
Surplus Property and approve selling the parcels with no restrictions or covenants. The motion
passed 8-0.
4.
CONSIDER BIDS AND AWARD CONTRACT FOR 2015 MILL AND OVERLAY.
DISCUSSION: Bids were received on February 27, 2015. Staff recommends the Governing Body award the bid
to McAnany Construction, Shawnee, Kansas, in the not to exceed amount of $2,225,000.
Motion(s)
5.
Pflumm/Vaught: Consider awarding the bid and authorizing the Mayor to sign the contract for the
2015 Mill and Overlay with McAnany Construction, Shawnee, Kansas, in a not to exceed amount
of $2,225,000. The motion passed 8-0.
CONSIDER BIDS AND AWARD CONTRACT FOR CONSTRUCTION OF JOHNSON DRIVE AND HALSEY
STREET STORM DRAINAGE IMPROVEMENTS, P.N. 3394, SMAC TC-021-065.
DISCUSSION: Bids were received on Friday, February 27, 2015. Amino Brothers Co. Inc., Kansas City, Kansas
submitted the low bid in the amount of $1,088,764.30. Funding for this project is through the
Johnson County Stormwater Management Program and the City's Parks and Pipes. A memo
from staff and tabulation of bids are included for review.
Motion(s)
a) Sawyer/Vaught: Consider awarding the bid and authorizing the Mayor to sign the contract for
the Johnson Drive and Halsey Street Storm Drainage Improvements, P.N. 3394, with Amino
Brothers Co. Inc., Kansas City, Kansas, in a not to exceed amount of $1,088,764.30. The motion
passed 8-0.
b) Sawyer/Pflumm: Consider authorizing staff to proceed with setting the time and place upon
completion of the project for the Governing Body to consider the vacation of certain storm
drainage easements that no longer serve a public purpose on properties owned by Monrovia
Properties, LLC; Thomas M. Wilson; Michael Thomas Vielhauer and Linda Louise Vielhauer
Trust; and Cambridge Associates, LLC. The motion passed 8-0.
6.
CONSIDER COUNTY ASSISTANCE ROAD SYSTEM (CARS) SUBMITTAL FOR 2016-2020.
DISCUSSION: The most recent Capital Improvement Program was approved by the Governing Body on
September 8, 2014. To plan for funding through the CARS program, the City must submit a list of
proposed projects and supporting information.
Motion(s)
7.
Sandifer/Pflumm: Consider authorizing staff to submit the County Assistance Road System
(CARS) 2016-2020 projects for funding. The motion passed 8-0.
CONSIDER CHANGE ORDER NO. 4 AND FINAL FOR THE 2014 STORMWATER PIPE REPAIR PROJECT,
P.N. 3395.
DISCUSSION: On June 9, 2014, the Governing Body approved a contract with Amino Brothers Co., Inc. for the
2014 Stormwater Pipe Repair Project, P.N. 3395. Change Order No. 4 and Final reflects quantity
reductions for the 47th & Bond Trench Drain & Extension repairs, for a final contract amount of
$347,356.33.
Motion(s)
Pflumm/Sandifer: Consider approving Change Order No. 4 and Final for the 2014 Stormwater
Pipe Repair Project, P.N. 3395 for a final contract amount of $347,356.33. The motion passed 80.
J. MISCELLANEOUS ITEMS
1.
RATIFY SEMI-MONTHLY CLAIM FOR MARCH 23, 2015 IN THE AMOUNT OF $2,838,203.64.
Motion(s):
2.
Sandifer/Pflumm: Ratify the semi-monthly claim. The motion passed 8-0.
CONDUCT EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING A PERSONNEL MATTER (CITY
MANAGER CONTRACT REVIEW).
Motion(s)
a) Pflumm/Neighbor: Recess to Executive Session for approximately 20 minutes. The motion
passed 8-0. The meeting recessed at 8:53 p.m.
b) Mickey/Neighbor: Conclude Executive Session. The motion passed 8-0.
c) Vaught/Sawyer: Reconvene Meeting. The motion passed 8-0. The meeting reconvened at
9:30 p.m.
d) Sandifer/Vaught: Recess to Executive Session for approximately 20 minutes. The motion
passed 8-0. The meeting recessed at 9:32 p.m.
e) Vaught/Sawyer: Conclude Executive Session. The motion passed 8-0.
f) Vaught/Sawyer: Reconvene Meeting. The motion passed 8-0. The meeting reconvened at 9:56
p.m.
g) Distler/Neighbor: Annual increase of 3.3% and $2,500 be put in deferred compensation
package. The motion passed 7-1, with Councilmember Kemmlilng voting no.
3.
MISCELLANEOUS COUNCIL ITEMS.
COMMENTS:
1. Sawyer: Chris Carroll is not the person from AT&T who needs to be in the meeting about 71st Street.
2. Distler: GB’s team won hero’s pull award, three years in a row.
3. Meyer: Dan Cook passed away on Friday.
K. ADJOURNMENT
Motion(s):
Sandifer/Pflumm: Adjourn. The motion passed 8-0.
The meeting adjourned at 10:00 p.m.