Page 1 CITY COUNCIL MINUTES July 22, 2013 Journal Page #15115 CITY OF SHAWNEE CITY COUNCIL MEETING MINUTES July 22, 2013 7:30 P.M. Jeff Meyers – Mayor Councilmembers Present Councilmember Pflumm Councilmember Neighbor Councilmember Sawyer Councilmember Kemmling Councilmember Kuhn Councilmember Vaught Councilmember Sandifer Councilmember Distler Staff Present City Manager Gonzales Deputy City Manager Charlesworth City Attorney Rainey City Engineer Wesselschmidt Fire Chief Mattox Police Chief Larimore Public Works Director Freyermuth Planning Director Chaffee Finance Director Rogers Parks and Recreation Director Holman Assistant City Manager Killen City Clerk Campbell (City Council Meeting Called to Order at 7:30 p.m.) A. PLEDGE OF ALLEGIANCE & MOMENT OF SILENCE B. ROLL CALL MAYOR MEYERS: 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 Jeff Meyers and I will be chairing this meeting. I will do a roll call at this time. Councilmember Neighbor? COUNCILMEMBER NEIGHBOR: Present. MAYOR MEYERS: Councilmember Pflumm? COUNCILMEMBER PFLUMM: Present. MAYOR MEYERS: Councilmember Kemmling? COUNCILMEMBER KEMMLING: Present. MAYOR MEYERS: Councilmember Sawyer? COUNCILMEMBER SAWYER: Present. MAYOR MEYERS: Councilmember Kuhn? COUNCILMEMBER KUHN: Present. Page 2 CITY COUNCIL MINUTES July 22, 2013 Journal Page #15114 MAYOR MEYERS: Councilmember Vaught? COUNCILMEMBER VAUGHT: Present. MAYOR MEYERS: Councilmember Sandifer? COUNCILMEMBER SANDIFER: Present. MAYOR MEYERS: And, Councilmember Distler? COUNCILMEMBER DISTLER: Present. MAYOR MEYERS: Thank you. At this time, if you’ll please rise and join us in the Pledge of Allegiance followed by a brief moment of silence. Thank you. C. CONSENT AGENDA MAYOR MEYERS: Before we begin our agenda, I’d like to explain our procedures for public input to the audience. At numerous times 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 our name and address for the record and then you may offer your comments. After you are finished, please sign the form to the left of the podium so that we ensure that we have an accurate record of your name and address. So, we will begin tonight’s meeting with the Consent Agenda. COUNCILMEMBER SANDIFER: Move for approval. COUNCILMEMBER PFLUMM: Second. COUNCILMEMBER NEIGHBOR: Second. MAYOR MEYERS: A motion has been made and seconded on this item. Any further discussion from the Council? Is there any -- I don’t need to do that. All in favor signify by saying aye. COUNCILMEMBERS: Aye. MAYOR MEYERS: Opposed no. Motion passes. (Motion passes 8-0) D. MAYOR’S ITEMS MAYOR MEYERS: We’ll move to Item E, which is Public Items. Mayor’s Items, I’m sorry. Item D, Mayor Items. I have no items under Mayor Items tonight, so we will to move to Item E, which is Public Items. E. PUBLIC ITEMS Page 3 CITY COUNCIL MINUTES 1. July 22, 2013 Journal Page #15113 Conduct a Public Hearing and Approve the Amended Budget for 2013. A) Conduct a Public Hearing MAYOR MEYERS: Item Number 1 is to Conduct a Public and Approve the Amended Budget for 2013. The 2013 Budget has been amended for re-appropriations from 2012, the establishment of a new CID/TIF/TDD fund, fund transfers and other required expenditures. So, I would accept a motion to conduct a public hearing. COUNCILMEMBER PFLUMM: So moved. COUNCILMEMBER SANDIFER: Second. COUNCILMEMBER NEIGHBOR: Second. MAYOR MEYERS: A motion has been made and seconded to conduct a public hearing. All in favor signify by saying aye. COUNCILMEMBERS: Aye. MAYOR MEYERS: Opposed no. (Motion passes 8-0). We are now in a public hearing. This is a formal public hearing required by law. Since April, the governing body has heard presentations at six meetings and discussed the budget at seven meetings. Tonight concludes those meetings. Finance Director Maureen Rogers will provide a brief explanation of the public notices. After Ms. Rogers’ presentation, I will ask Councilmembers if they have any questions specifically related to the presentation. I will then ask if there are any comments from the public. Following public comments, I will ask for a motion to close the public hearing and no action is required. If anyone from the audience would like to speak during the public hearing, please raise your hand and I will recognize you to come forward. As I stated earlier, in order to have an accurate record of the meeting, when you come forward to speak, please state your name and address. And following your comments, please sign the sheet to the left of the podium. In order to have an orderly hearing, all comments must be made at the microphone and are limited to five minutes. No person shall speak more than twice on any one issue. Ms. Rogers? MS. ROGERS: Maureen Rogers, Finance Director. During the budget process, and typically every year during the budget process, the current year budget is revised to reflect information that’s known this year as opposed to the year before when the budget was originally adopted. Pretty much every fund has been revised in some way. But Kansas statutes require that funds be formally amended if the expenditures exceed the previously adopted expenditure amount. And the four funds that fall into that category, the Parks and Pipes Fund, Stormwater Fund, Equipment and Facility Reserve Fund and the CID/TIF/TDD Fund. In three of those cases, it is mostly because of expenditures that were budgeted in ‘12, not being made in ‘12 and being carried forward into ‘13. For Parks and Pipes there was an additional 500,000 added for Erfurt Park. And then the last fund, the CID/TIF/TDD is a new fund established in 2013. MAYOR MEYERS: And at this time I’d like to interject. During my opening comments I think I made a statement that there would be no action required. There is action Page 4 CITY COUNCIL MINUTES July 22, 2013 Journal Page #15112 required after the public hearing on the amended budget. So, there would be action that will be taken at the end of the public hearing. Ms. Distler? COUNCILMEMBER DISTLER: I’m sorry. Could you just remind me where the half a million increase in funding is coming from? Is that General Fund or -MS. ROGERS: It’s actually coming from -- it’s shifting between the Pipes portion. Really it was in the Parks and Pipes. But it’s also coming from future years. There was fund balance projected for future years. There was fund balance that was already existing at the end of ‘12. So, there were items programmed in future years that were being pushed up basically? COUNCILMEMBER DISTLER: Okay. Thank you. MAYOR MEYERS: Other questions from the Council? Mr. Pflumm? COUNCILMEMBER PFLUMM: That’s coming from Parks and Pipes, but it’s ‘12, ‘13 and ‘14? Is that what you’re saying right there? MS. ROGERS: There was sufficient fund balance at the end of ‘12 to allow there to be additional expenditures added. COUNCILMEMBER PFLUMM: So, that’s the full 500,000 was from ‘12? MS. ROGERS: It also could have been from earlier years. But at the end of ‘12 there was adequate fund balance to allow that additional expenditure in ‘13. COUNCILMEMBER PFLUMM: I thought just a minute ago that you said carried forward to, but -MS. ROGERS: Well, there are also some projects that were projected in later years that were taken out of the forecast in order to allow there to be additional funding. I didn’t say that very well. But to allow that funding increase for Erfurt Park. COUNCILMEMBER PFLUMM: All right. B) Conclude Public Hearing MAYOR MEYERS: Any other questions or comments from the Council? Is there anyone from the audience that would like to speak at this time? Seeing none, I’ll accept a motion to conclude the public hearing. COUNCILMEMBER PFLUMM: So moved. COUNCILMEMBER SANDIFER: Second. MAYOR MEYERS: A motion has been made and seconded to conclude the public hearing. All in favor signify by saying aye. COUNCILMEMBERS: Aye. Page 5 CITY COUNCIL MINUTES July 22, 2013 Journal Page #15111 MAYOR MEYERS: Opposed no. (Motion passes 8-0). C) Approve the Amended Budget for 2013. MAYOR MEYERS: And now we can take action. Mr. Neighbor? COUNCILMEMBER NEIGHBOR: I move that we approve the Amended 2013 Budget. COUNCILMEMBER SANDIFER: Second. MAYOR MEYERS: A motion has been made and seconded to approve the Amended 2013 Budget. All in favor signify by saying aye. COUNCILMEMBERS: Aye. MAYOR MEYERS: Opposed no. Motion passes. (Motion passes 8-0) 2. Conduct a Public Hearing to Adopt the 2014 Budget and Consider an Ordinance Attesting to the Possible Increase in Taxes Levied for Budget Year 2014. A) Conduct a Public Hearing MAYOR MEYERS: Item Number 2 is to Conduct a Public Hearing to Adopt the 2014 Budget and Consider an Ordinance Attesting to the Possible Increase in Taxes Levied for Budget Year 2014. Adoption of the proposed ordinance allows the City to utilize the revenues generated by the increased assessed valuations on existing construction. This ordinance does not increase the mill levy. COUNCILMEMBER PFLUMM: Move to conduct a public hearing. MAYOR MEYERS: A motion has been made to conduct a public hearing. COUNCILMEMBER VAUGHT: Second. MAYOR MEYERS: Is there a second? COUNCILMEMBER VAUGHT: Second. MAYOR MEYERS: A motion has been made to conduct a public hearing and seconded. All in favor signify by saying aye. COUNCILMEMBERS: Aye. MAYOR MEYERS: Opposed no. (Motion passes 8-0). We are now in a public hearing. Like the 2013 Budget hearing, we will follow the same format. I will ask Councilmembers if they have any questions, then if there are any comments from the public. If anyone in the audience would like to speak during the public hearing, please raise your hand and I’ll recognize you to come forward. Following public comments, I will ask for a motion to close the public hearing and that we will have action on these items also. We are now in a public hearing. Ms. Rogers? Page 6 CITY COUNCIL MINUTES July 22, 2013 Journal Page #15110 COUNCILMEMBER PFLUMM: I just have a question before -MAYOR MEYERS: Mr. Pflumm. COUNCILMEMBER PFLUMM: -- she really puts all that up there. I mean, I guess it does pertain to this. But the wording I just was a little bit, maybe it might be different than in years past or something. But if we could clarify that in this meeting for everyone, for myself and everyone else, that the mill levy could possibly increase or decrease based on that bottom number there that we’ve said that we are going to levy upon the citizens of Shawnee, is that correct? MS. ROGERS: That’s correct. It may. It probably will change slightly. What the action is, is actually to approve a dollar amount, which is $17,023,956. The mill levy is set so that it is estimated that the assessed valuation is not going to change dramatically. But normally every year it either goes up or down a little bit. So, that’s why the mill levy is not actually what’s being approved in this action. COUNCILMEMBER PFLUMM: All right. Thank you. MAYOR MEYERS: Very good. MS. ROGERS: As I said, the mill levy dollar amount is $17,023,956. The mill levy is set, estimated to remain the same as 2013 at 24.914. There is a need, according to Kansas statute, to pass an ordinance this year. Not every year do we have to do that. But whenever the dollar amount of the tax levy goes up, the ordinance is required. MAYOR MEYERS: Sawyer? Thank you. Questions from the Council? Is there any -- Mr. COUNCILMEMBER SAWYER: I’m not sure I understand that. COUNCILMEMBER PFLUMM: Yeah. I’m with you, Neal, on that one. I thought we just -MS. ROGERS: The dollar amount went up by over 200,000, the tax levy in the proposed 2014 budget over what the proposed, over what the adopted 2013 budget was. And so the statute requires that when that dollar amount goes up, even when the mill levy is set to remain the same, because the assessed valuation went up, it’s a -- in the interest of transparency it allows the citizens to know that there has been a dollar amount of tax increase. MAYOR MEYERS: Mr. Vaught. COUNCILMEMBER SAWYER: collected -- Based on there’s been an increase in the dollars MS. ROGERS: The dollars -COUNCILMEMBER SAWYER: -- based on the assessment status. Page 7 CITY COUNCIL MINUTES July 22, 2013 Journal Page #15109 MS. ROGERS: Yes. Because the assess -COUNCILMEMBER SAWYER: Not that the mill levy went up. MS. ROGERS: Correct. The mill levy is estimated to remain the same. And it should remain very close to the same. COUNCILMEMBER SAWYER: Okay. MS. ROGERS: There are always -- between now and when the final mill levy is set in October, there will be tax appeals. That process goes on all year. Sometimes the assessed valuation goes up and the mill levy goes down slightly. It doesn’t always go up. It can shift either way. B) Conclude Public Hearing MAYOR MEYERS: Any other questions, comments from the Council? Thank you, Ms. Rogers. Is there anyone from the audience that would like to speak at this time? Seeing none, I’ll accept a motion to conclude the public hearing. COUNCILMEMBER PFLUMM: So moved. COUNCILMEMBER VAUGHT: Second. MAYOR MEYERS: A motion has been made and seconded to conclude the public hearing. All in favor signify by saying aye. COUNCILMEMBERS: Aye. MAYOR MEYERS: Opposed no. (Motion passes 8-0) C) Pass the 2014 Budget MAYOR MEYERS: We are now to Item C, which would be a motion to -- on approving the 2014 Budget. Mr. Neighbor? COUNCILMEMBER NEIGHBOR: I move that we approve the 2014 Budget and corresponding projects and programs as shown in the attached memo from the July 8, 2013 Council Meeting and set the total taxing authority at $17,023,956. COUNCILMEMBER VAUGHT: Second. MAYOR MEYERS: A motion has been made on this item and seconded. All in favor signify by saying aye. COUNCILMEMBERS NEIGHBOR, SAWYER, KUHN, VAUGHT, SANDIFER: Aye. MAYOR MEYERS: Opposed. COUNCILMEMBER PFLUMM: No. Page 8 CITY COUNCIL MINUTES July 22, 2013 Journal Page #15108 COUNCILMEMBER KEMMLING: No. MAYOR MEYERS: I’ll do a roll call vote. Councilmember Neighbor? COUNCILMEMBER NEIGHBOR: Aye. MAYOR MEYERS: Councilmember Pflumm? COUNCILMEMBER PFLUMM: No. MAYOR MEYERS: Councilmember Kemmling? COUNCILMEMBER KEMMLING: No. MAYOR MEYERS: Councilmember Sawyer? COUNCILMEMBER SAWYER: Aye. MAYOR MEYERS: Councilmember Kuhn? COUNCILMEMBER KUHN: Aye. MAYOR MEYERS: Councilmember Vaught? COUNCILMEMBER VAUGHT: Aye. MAYOR MEYERS: Councilmember Sandifer? COUNCILMEMBER SANDIFER: Aye. MAYOR MEYERS: And, Councilmember Distler? COUNCILMEMBER DISTLER: No. MAYOR MEYERS: Motion passes 5-3. (Motion passes 5-3) D) Pass the 2014 Budget Ordinance. MAYOR MEYERS: The next action on this same item would be to pass the 2014 Budget Ordinance. Mr. Neighbor? COUNCILMEMBER NEIGHBOR: I move that we pass the 2014 Budget Ordinance. COUNCILMEMBER SANDIFER: Second. MAYOR MEYERS: There’s a motion and a second to pass the 2014 Budget Ordinance. All in favor signify by saying aye. COUNCILMEMBERS NEIGHBOR, SAWYER, KUHN, VAUGHT, SANDIFER, DISTLER, KEMMLING: Aye. Page 9 CITY COUNCIL MINUTES July 22, 2013 Journal Page #15107 COUNCILMEMBER PFLUMM: I’ve got a question here real quick. MAYOR MEYERS: Oh, Mr. Pflumm. COUNCILMEMBER PFLUMM: To pass the ordinance the reason is that it was because it was over 200,000, is that correct? MS. ROGERS: Well, because the proposed 2014 tax dollar levy was more than 2013 adopted budget dollar levy. It’s not that it was the particular amount of over 200,000. It was just that it was more. There is a calculation. There’s like a minimal amount that it can go up without an ordinance. But the amount that it went up was more than what -than the de minimis amount, so it required the ordinance. MAYOR MEYERS: Ms. Gonzales. CITY MANAGER GONZALES: I might just clarify also, because this ordinance is always confusing. But according to state statute anytime the assessed value increases, and even if the mill levy stays the same, cities are required to adopt this ordinance acknowledging that the assessed value is generating more revenue. For many, many years we adopted this ordinance every year, because our assessed value increased. The past few years we’ve kind of forgotten, because our assessed value has decreased. So, this is our first year back of actually seeing a very slight increase of about $261,000 more in assessed value this year than in ‘13. So, you haven’t seen this ordinance for a while. But the wording is always a little bit confusing. MAYOR MEYERS: Any other questions or comments? We have a motion and a second on this item. All in favor signify by saying aye. COUNCILMEMBERS: Aye. MAYOR MEYERS: Opposed no. Motion passes. (Motion passes 8-0) Having passed Ordinance No. 3068 was assigned. 3. Consider Petition to Vacate a Portion of a Platted Stormwater Drainage Easement on Lot 6, Shawnee Plaza. A) Conduct a Public Hearing MAYOR MEYERS: Now, we’ll move to Item 3, which is to Consider a Petition to Vacate a Portion of a Platted Stormwater Drainage Easement on Lot 6, Shawnee Plaza. Mr. David Olson of Christie Development Associates, LLC has presented a petition on behalf of Shawnee Plaza Redevelopment, LLC requesting the vacation of a portion of a public stormwater drainage easement on the recently platted Lot 6, Shawnee Plaza. We will need to conduct a public hearing. COUNCILMEMBER VAUGHT: Move for approval. COUNCILMEMBER PFLUMM: Second. Page 10 CITY COUNCIL MINUTES July 22, 2013 Journal Page #15106 MAYOR MEYERS: A motion has been made and seconded to conduct a public hearing. All in favor signify by saying aye. COUNCILMEMBERS: Aye. MAYOR MEYERS: Opposed no. (Motion passes 8-0) We are now in a public hearing. Mr. Wesselschmidt. MR. WESSELSCHMIDT: Thank you, Mayor. Doug Wesselschmidt, Director of Development Services and City Engineer. Really don’t have much more information other than Shawnee Plaza is the shopping center being built at the southeast quadrant of Pflumm and Shawnee Mission Parkway where the Nuts and Bolts Hardware is and the Natural Grocers. Lot 6 is the grocery store lot. The plat was filed a little while back that provided a drainage easement. And now that they got the final outlines of the footing of the grocery store, it’s encroaching the storm drainage easement, so they’re making an adjustment to the storm drainage layout. So, therefore, they’re needing to vacate a little sliver of that drainage easement and this is the method we have to do that other than re-platting. So, they’ve submitted a petition to vacate that small sliver of storm drainage easement. We’ve sent out notices in the paper. There’s no negative responses for that. So, staff would recommend that when the Council conduct the public hearing, that we’re doing right now, and that the Council approve the vacation of the sliver of the storm drainage easement that’s outlined in your packet. MAYOR MEYERS: Thank you. B) Conclude Public Hearing MAYOR MEYERS: Questions or comments from the Council? Is there anyone from the audience that would like to speak to this item? Seeing none, I’ll accept a motion to conclude the public hearing. COUNCILMEMBER PFLUMM: So moved. COUNCILMEMBER VAUGHT: Second. MAYOR MEYERS: A motion has been made and seconded to conclude the public hearing. All in favor signify by saying aye. COUNCILMEMBERS: Aye. MAYOR MEYERS: Opposed no. (Motion passes 8-0). C) Pass an Ordinance Ordering the Requested Vacation. MAYOR MEYERS: And now we can move to Item C, which is the action that needs to take place on this item. COUNCILMEMBER SANDIFER: Make a motion to pass an ordinance ordering the request of vacation. Page 11 CITY COUNCIL MINUTES July 22, 2013 Journal Page #15105 COUNCILMEMBER PFLUMM: Second. MAYOR MEYERS: A motion has been made and seconded to pass an ordinance ordering the requested vacation. All in favor signify by saying aye. COUNCILMEMBERS: Aye. MAYOR MEYERS: Opposed no. Motion passes. (Motion passes 8-0) Having passed Ordinance No. 3069 was assigned. F. ITEMS FROM THE PLANNING COMMISSION MEETING OF JULY 1, 2013. 1. Consider Approval of PUD-02-13-06; Planned Unit Development and Rezoning from Planned Unit Development Mixed Residential to Planned Unit Development Mixed Residential and Preliminary Development Plan Approval for Prairie Pines Townhomes, a Residential Project Located in the 5400 Block of Hedge Lane Terrace. MAYOR MEYERS: Now, we’ll move to Item F, which is Items from the Planning Commission Meeting of July 1st, 2013. Item Number 1 is to Consider Approval of PUD02-13-06; Planned Unit Development and Rezoning from Planned Unit Development Mixed Residential to Planned Unit Development Mixed Residential and Preliminary Development Plan Approval for Prairie Pines Townhomes, a Residential Project Located in the 5400 Block of Hedge Lane Terrace. On July 1st, 2013, the Planning Commission recommended 7-0 that the governing body approve PUD-02-13-06, a planned unit development and rezoning from planned unit development mixed residential to planned unit development mixed residential development and preliminary development plan approval for Prairie Pines Townhomes. This rezoning is required as a result of a revised preliminary development plan. COUNCILMEMBER VAUGHT: Mayor. MAYOR MEYERS: Mr. Vaught. COUNCILMEMBER VAUGHT: Move to pass an ordinance providing for the change in rezoning from planned unit development mixed residential planned unit development mixed residential and preliminary development plan approval for Prairie Pines Townhomes subject to the conditions listed in the staff report. COUNCILMEMBER KUHN: Second. MAYOR MEYERS: A motion has been made and seconded to approve this item. Questions, comments from the Council? Ms. Distler? COUNCILMEMBER DISTLER: I’m just confused on -- it seems like it’s changing from and to the same thing. Can you explain that to me? MR. CHAFFEE: Yeah. With the planned unit developments, you not only approve the rezoning, but you also approve a specific plan for that project. Page 12 CITY COUNCIL MINUTES July 22, 2013 Journal Page #15104 COUNCILMEMBER DISTLER: I see. MR. CHAFFEE: Prairie Pines, when it first came through the process in 2002 and 2003, had a preliminary development plan approved. If they came forward with the same plan, we wouldn’t be going through the process. But this is a significant enough change to the plan. It reduces the density and sort of rearranges the layout. One of the most important things is, instead of leaving the open channel, the channel now being closed. So overall, in staff’s opinion, it is a better development. So, to sort of get rid of the old plan and to approve the new plan, we re-zoned a re-zone. COUNCILMEMBER DISTLER: Okay. Thank you. MR. CHAFFEE: Yeah. MAYOR MEYERS: Other questions or comments from the Council? Is there anyone from the audience that would like to speak to this item? Seeing none, I’ll accept a motion. Or we have a motion and a second to pass. All in favor signify by saying aye. COUNCILMEMBERS: Aye. MAYOR MEYERS: Opposed no. Motion passes. (Motion passes 8-0) Thank you, Paul. Having passed Ordinance No. 3070 was assigned. G. BUSINESS FROM THE FLOOR MAYOR MEYERS: We’ll move to Item G, Business from the Floor. Is there anyone from the audience that would like to bring business from the floor at this time? Seeing none, we’ll move to Item H, which is Staff Items. H. STAFF ITEMS 1. Consider Bids and Award Contract for 2013 Mill and Overlay. MAYOR MEYERS: Item Number 1 is to Consider Bids and Award Contract to the 2013 Mill and Overlay. Bids were received on July 12th, 2013. Staff recommends that the Council award the bid to McAnany Construction, Shawnee, Kansas in the not to exceed amount of $4,720,892. COUNCILMEMBER PFLUMM: Move for approval. COUNCILMEMBER SANDIFER: Second. MAYOR MEYERS: A motion has been made and seconded on this item. Any further discussion from the Council? Mr. Sawyer? COUNCILMEMBER SAWYER: Yeah. Now, are we going to get a smooth street this time or are we going to have to come out and mill and overlay -- let them off the hook Page 13 CITY COUNCIL MINUTES July 22, 2013 Journal Page #15103 and mill it down smooth? I mean, what’s our recourse there? I don’t even understand how we let that fly. You know, supposedly we have inspections, but -MR. SHERFY: Are you referring to Nieman Road? COUNCILMEMBER SAWYER: Yes. MR. SHERFY: Mark Sherfy, Transportation Manager. We didn’t let it fly. They had to come back, and still with no cost to the City. Unfortunately we lived with it for about 18 months. But McAnany did return and edge mill or profile mill that pavement. COUNCILMEMBER SAWYER: But, Mark, and what I’m saying is, you know, when we do that to a brand new milled street and overlay, basically you’re cutting, in my opinion, you’re cutting life off of it. It’s not the job that we put out there for bid. MR. SHERFY: Right. COUNCILMEMBER SAWYER: You know, that was one fix to it is go grind the high spots off and that’s what we did. MR. SHERFY: Right. COUNCILMEMBER SAWYER: We take a portion of the overlay off to make it smooth. So, to say, yeah, you know, everything is wonderful, in my opinion, not really, because we lost part of what we paid for. MR. SHERFY: Yeah. COUNCILMEMBER SAWYER: So, what -MR. SHERFY: We’re going to talk in the preconstruction meeting (inaudible). COUNCILMEMBER SAWYER: What keeps this from happening in the future? That’s my concern -MR. SHERFY: Yeah. COUNCILMEMBER SAWYER: -- is, you know, we don’t want to do this again. MR. SHERFY: We don’t. COUNCILMEMBER SAWYER: But what recourse do we have or what steps do we have in place to keep it from happening? That’s the question. MR. SHERFY: Yeah. Certainly we would bring that up at a preconstruction with the contractor. And, you know, inspection is our best means of identifying that as it’s going down. We will do what we can with the resources we have. MAYOR MEYERS: Other questions or comments from the Council? Is there anyone from the audience that would like to speak to this item? Seeing none, we have a motion Page 14 CITY COUNCIL MINUTES July 22, 2013 Journal Page #15102 and a second to approve this item. All in favor signify by saying aye. COUNCILMEMBERS: Aye. MAYOR MEYERS: Opposed no. Motion passes. (Motion passes 8-0) 2. Consider an Agreement with 3M Traffic Safety & Security for a Traffic Sign Inventory and Assessment. MAYOR MEYERS: Item Number 2 is to Consider an Agreement with 3M Traffic Safety & Security for a Traffic Sign Inventory and Assessment. The City has an estimated 20,000 traffic signs. New federal regulations require the City to implement a sign assessment and management method to maintain regulatory and warning sign reflectivity. The request for proposal generated nine responses. 3M Traffic Safety & Security was chosen by the selection committee. The total estimated cost is $79,920. Comments or questions from the Council? Mr. Sandifer? COUNCILMEMBER SANDIFER: This is something that is regulated by the government now? MAYOR MEYERS: Ms. Gonzales. COUNCILMEMBER SAWYER: We are the government. CITY MANAGER GONZALES: The reflectivity issue is a federal mandate. In order to do reflectivity, we do have to do an inventory, which is something we haven’t had the staffing and the time to do in the past. So, we’re accomplishing that which is a good thing. But the ultimate purpose is, yes, to meet the reflectivity mandate, to ensure that all of our signage is safe and meets the standards that are required. MAYOR MEYERS: Mr. Vaught? COUNCILMEMBER VAUGHT: You know, when we were in, oh, I think Denver, we looked at some of the technology and we’ve talked about since then with digital technology where you inventory all your assets with the City. I mean, if we had that in place would we still be spending 79,000 or – CITY MANAGER GONZALES: If we had the staff to implement that technology, I mean, we would still have to pay someone to do that. With the current traffic crews that we don’t -- that we have now, we don’t have the hours available to accomplish the work. But the technology that 3M has obviously is the -- one of the best technologies and we think the best one for us. They’ve done it over and over and over. So, we believe that they will do a really good job as opposed to -- which we would also, but to do it -- have them do it for us we think is the best solution. COUNCILMEMBER VAUGHT: But is that something then that -- so if we wanted to do it again five years down the road, are we having to engage them again or is it our technology then that we can -CITY MANAGER GONZALES: It’s very possible in a few years we could have that Page 15 CITY COUNCIL MINUTES July 22, 2013 Journal Page #15101 technology to keep it up. COUNCILMEMBER VAUGHT: Okay. CITY MANAGER GONZALES: I would hope that we would. COUNCILMEMBER VAUGHT: But -CITY MANAGER GONZALES: I know some cities are doing it in-house. COUNCILMEMBER VAUGHT: Okay. CITY MANAGER GONZALES: And already have that inventory completed. inventory is really the time consuming part for us at this point. The COUNCILMEMBER VAUGHT: But moving forward, if we were to implement kind of what we had talked about before with the, you know, the GPS management, everything, all the assets are inventoried and GPS’d and then that would, I mean, projects like this we’d be saving. I’m assuming we’d be assuming the 79,000, just be able to say here’s our inventory. Here’s where it’s all at. And be able to mark each one whether it’s compliant or not and kind of -- without having to pay someone to, I don’t -- I’m trying to CITY MANAGER GONZALES: I don’t know that the new software would actually have the reflectivity component. But it certainly would have the GIS, the mapping and the inventory piece which is something we use all the time. MR. SHERFY: If I can answer your question any better. We intend -- it’s our intent with the selection of 3M and this process here that once we have the inventory done, and they can do it much quicker, you know, a much faster time frame than we can. We intend to go live in maintaining the database with our crews. So, if we’re working with the IT Department and Public Works to continue that going forward. So, my hope would be we wouldn’t have to do that inventory again. We would be able to maintain this within a week or two of having it completed. That was one of the challenges of trying to do this in-house, is that by the time we had it collected over the course of months, we would have also installed and maintained many other signs in there. And keeping two things moving was going to be challenge for us. But we intend to be going forward with that. It also should make reflectivity assessment easier, because we would be doing that from a tablet probably. We don’t have any in the pavement side of public works yet. But a tablet that would show us where we’re at on the street and we could click on the dot and say I’ve maintained this sign. That’s what we’re striving to do very soon, near term with this. So, I would hope we wouldn’t be coming forward with that inventory. That would be the plan, one of the things that would be accomplished by using 3M here. COUNCILMEMBER VAUGHT: Thanks, Mark. MR. SHERFY: So, good question. COUNCILMEMBER VAUGHT: Thank you. Page 16 CITY COUNCIL MINUTES July 22, 2013 Journal Page #15100 MAYOR MEYERS: Mr. Sawyer. COUNCILMEMBER SAWYER: Yeah. Mark, so what’s the technology short of them just driving around looking at every sign? Is that what we’re getting here and then them putting it on a spreadsheet? MR. SHERFY: Good question. The proposals we had were all over the map, and we structured it that way, because we wanted to see what technologies people were going to do. There were really three main schools of data collection. There was the -- what I call the GPS, global position system methodology where they go and track every single X and Y coordinate of every sign, which would have been what we would have had to do as staff. Probably the most time consuming of any of the families, if you will, of data collection. The 3M technology was kind of middle of the road. It’s using -- it’s actually a van that has several cameras mounted on it and they drive at the posted speed and it knows what it’s looking at and it zooms in and it takes pictures of things that look like signs and then they do their quality control back at their offices and then we get an image of every sign in the City. And then the third family was actually LiDAR technology, which I don’t know what you guys saw specifically in Denver, but that’s a methodology that probably costs a little bit more money as a whole, but you can get all of your assets managed with that, your trees, your streetlights and your signs. Of course, we already have our streetlights done. But we really felt the camera technology was the best for our needs in looking at all these proposals. They will have the City done in two weeks. That’s how long it’ll take them to drive at the posted speed limit with the processing they have here. Then they need to do their quality control over a period of weeks after that. So, did I answer your question okay? COUNCILMEMBER SAWYER: So, the technology is they drive around and take pictures of everything in a couple of weeks. But how long is it going to be for you to get the report? MR. SHERFY: Their time frame is December. We would have it up and running and ready to go of this year, which would give us time. COUNCILMEMBER SAWYER: What’s going to be up and running? MR. SHERFY: We would have X and Y coordinates with photographs of all the signs and -COUNCILMEMBER SAWYER: But we’re just going to have a hard copy of sheets, we’re not going to have a computer -MR. SHERFY: No, no, no. COUNCILMEMBER SAWYER: We’re going to actually have a -MR. SHERFY: We’re going to have a database, yeah. COUNCILMEMBER SAWYER: We’ll actually have a database? MR. SHERFY: We’ll have a database with point that we can query and search on Page 17 CITY COUNCIL MINUTES July 22, 2013 Journal Page #15099 through our geographical information system. COUNCILMEMBER SAWYER: Okay. That’s what I was trying to get at. MR. SHERFY: Absolutely. It’s pointless just to have sheets. Yeah. Good question. MAYOR MEYERS: Mr. Sandifer. COUNCILMEMBER SANDIFER: Yes. Will this system work with this GPS handheld device that we were looking at or does that shoot that out of the water now? CITY MANAGER GONZALES: You know, the technology has changed so fast that -COUNCILMEMBER SANDIFER: Right. CITY MANAGER GONZALES: And again, I hate to speak on too technological, because that’s certainly not my strong point. But it seems like that work that we saw only two years ago, a year and a half ago -COUNCILMEMBER SANDIFER: Right. Right. CITY MANAGER GONZALES: -- is now being down predominately with iPads -COUNCILMEMBER SANDIFER: Okay. CITY MANAGER GONZALES: -- as opposed -- we still have some applications for the handheld devices, but it seems like it’s all moving to Pads. COUNCILMEMBER SANDIFER: Okay. All right. That explains it. Thanks. MAYOR MEYERS: Any other questions or comments from the Council? Is there anyone from the audience that would like to speak to this item? Seeing none, I’ll accept a motion. COUNCILMEMBER SANDIFER: Motion to approve. COUNCILMEMBER PFLUMM: Second. MAYOR MEYERS: A motion has been made and seconded to approve this item. All in favor signify by saying aye. COUNCILMEMBERS: Aye. MAYOR MEYERS: Opposed no. Motion passes. (Motion passes 8-0) 3. Consider Preliminary Plans and Easement Acquisition for 59th Terrace and Quivira and the Caenen Street and Johnson Drive Storm Drainage Improvements, P.N. 3284 and P.N. 3381. Page 18 CITY COUNCIL MINUTES A) July 22, 2013 Journal Page #15098 Approve the Preliminary Plans and Authorize Olsson Associates to Continue with Design of Final Plans. MAYOR MEYERS: Item Number 3 is to Consider Preliminary Plans and Easement Acquisition for 59th Terrace and Quivira and the Caenen Street and Johnson Drive Storm Drainage Improvements P.N. 3284 and P.N. 3381. On November 16th, 2012, the governing body approved an engineering contract with Olsson Associates for the 59th Terrace and Quivira and the Caenen Street and Johnson Drive storm drainage projects. The projects required preliminary plan approval authorization to proceed with final plans and approval to acquire easements. The total cost for both projects is estimated at $4,819,000, partially funded through the Johnson County Stormwater Management Program and Parks and Pipes. COUNCILMEMBER SAWYER: Mr. Mayor. COUNCILMEMBER PFLUMM: Mr. Mayor. COUNCILMEMBER SAWYER: On Item A, I’d make a motion to approve the preliminary plans and authorize Olsson Associates to continue with design of final plans. COUNCILMEMBER PFLUMM: Second. COUNCILMEMBER KUHN: Second. MAYOR MEYERS: A motion has been and seconded on this item. Any other questions or comments from the Council? Is there anyone from the audience that would like to speak to this item? Seeing none, all in favor signify by saying aye. COUNCILMEMBERS: Aye. MAYOR MEYERS: Opposed no. (Motion passes 8-0) B) Authorize Staff to Acquire Easements by Initially Offering the Amounts of $400 for Small TCES, $1500 for Large TCES or Utility Easements, $800 for Small PDES, $2000 for Large PDES, and $7,000 for PDES Greater than 3,000 Square Feet. MAYOR MEYERS: We have a seconded item that needs to be -- have a motion on. COUNCILMEMBER SAWYER: Mr. Mayor, I’d make a motion to authorize staff to acquire easements by initially offering tiered flat fees in the amount of $400 per small TCES and $1,500 for large TCES or utility easements, $800 for small PDES and $2,000 for large PDES and $7,000 for PDES greater than 3,000 square feet. MAYOR MEYERS: We have a motion on Item B. COUNCILMEMBER SANDIFER: Second. MAYOR MEYERS: A motion and a second. Any further discussion or questions from the Council? Is there anyone from the audience that would like to speak to this item? Page 19 CITY COUNCIL MINUTES July 22, 2013 Journal Page #15097 Seeing none, all in favor signify by saying aye. COUNCILMEMBERS: Aye. MAYOR MEYERS: Opposed no. Motion passes. (Motion passes 8-0) C) Authorize Easement Acquisition by Condemnation for Those Still Outstanding as of October 4, 2013. MAYOR MEYERS: We also have an Item C, which is we would need a motion to Authorize the Easement Acquisition by Condemnation for Those Still Outstanding as of October 4, 2013. COUNCILMEMBER PFLUMM: Move for approval. COUNCILMEMBER SAWYER: Second. MAYOR MEYERS: A motion has been made and seconded on this item. Any further discussion from the Council? Is there anyone from the audience that would like to speak to this item? Seeing none, all in favor signify by saying aye. COUNCILMEMBERS: Aye. MAYOR MEYERS: Opposed no. Motion passes. (Motion passes 8-0) I. MISCELLANEOUS ITEMS 1. Ratify Semi-Monthly Claim for July 22, 2013 in the Amount of $880,768.82. MAYOR MEYERS: Move to Item I, which is Miscellaneous Items. Item Number 1, Ratify the Semi-Monthly Claim for July 22nd, 2013, in the Amount of $880,768.82. COUNCILMEMBER SANDIFER: Move for approval. COUNCILMEMBER VAUGHT: Second. MAYOR MEYERS: A motion has been made and seconded on this item. Any further discussion from the Council? Is there anyone from the audience that would like to speak to this item? Seeing none, all in favor signify by saying aye. COUNCILMEMBERS: Aye. MAYOR MEYERS: Opposed no. Motion passes. (Motion passes 8-0) 2. Miscellaneous Council Items. MAYOR MEYERS: Item 2 would be Miscellaneous Council Items. Do we have any Miscellaneous Council Items tonight? Seeing none, I’ll accept a motion for adjournment. Page 20 J. CITY COUNCIL MINUTES July 22, 2013 Journal Page #15096 ADJOURNMENT 1. Adjourn COUNCILMEMBER NEIGHBOR: So moved. COUNCILMEMBER SANDIFER: Second. MAYOR MEYERS: A motion has been made and seconded to adjourn. All in favor signify by saying aye. COUNCILMEMBERS: Aye. MAYOR MEYERS: Opposed no. (Motion passes 8-0). We are adjourned. Thank you. (City Council Meeting Adjourned at 8:08 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 July 31, 2013 Deborah A. Sweeney, Recording Secretary APPROVED BY: _______________________ Keith D. Campbell, City Clerk