City Council CORRECTED AGENDA Monday, June 23, 2014 7:30 PM

A. ROLL CALL

B. PLEDGE OF ALLEGIANCE & MOMENT OF SILENCE

C. CONSENT AGENDA

1. APPROVE MINUTES FROM THE CITY COUNCIL MEETING OF JUNE 9, 2014.

2. APPROVE MINUTES FROM THE COUNCIL COMMITTEE MEETING OF JUNE 3, 2014.

3. REVIEW MINUTES FROM THE PLANNING COMMISSION MEETING OF JUNE 2, 2014.

4. CONSIDER ACCEPTANCE OF DEDICATION OF LAND FOR PUBLIC PURPOSES CONTAINED IN FP-09-14-06; FINAL PLAT FOR MONTICELLO CENTER, 5TH PLAT, LOCATED AT THE NORTHWEST CORNER OF 66TH STREET AND HILLTOP.

The Planning Commission, by a vote of 10-0, approved the final plat of Monticello Center, 5th Plat, and recommended the Governing Body accept dedications of land, or an interest therein for public purposes, contained in FP-09-14-06, final plat for Monticello Center, 5th Plat, located at the northwest corner of 66th Street and Hilltop. A memo and a copy of the staff report are included.

Accept dedications of land for, or an interest therein for public purposes, contained in FP-09-14-06; Final Plat for Monticello Center, 5th Plat, located at the northwest corner of 66th Street and Hilltop, subject to the conditions listed in the staff report. PAGES 1 - 8

5. CONSIDER ACCEPTANCE OF DEDICATION OF LAND FOR PUBLIC PURPOSES CONTAINED IN FP-11-14-06; FINAL PLAT FOR RESERVE AT BELLE MEADE FARMS, 7TH PLAT, LOCATED AT 51ST LANE AND MEADOWLARK DRIVE.

The Planning Commission, by a vote of 11-0, approved the final plat of Reserve at Belle Page 2 City Council

Meade Farms, 7th Plat, and recommended the Governing Body accept dedications of land, or an interest therein for public purposes, contained in FP-11-14-06, final plat for Reserve at Belle Meade Farms, 7th Plat, located at 51st Lane and Meadowlark Drive. A memo and a copy of the staff report are included.

Accept dedications of land for, or an interest therein for public purposes, contained in FP-11-14-06; Final Plat for Reserve at Belle Meade Farms, 7th Plat, located at 51st Lane and Meadowlark Drive, subject to the conditions listed in the staff report. PAGES 9 - 16

6. CONSIDER ACCEPTANCE OF DEDICATION OF LAND FOR PUBLIC PURPOSES CONTAINED IN FP-12-14-06; FINAL PLAT FOR CHERRY PARK, LOCATED IN THE 10800 BLOCK OF WEST 49TH STREET.

The Planning Commission, by a vote of 11-0, approved the final plat of Cherry Park, and recommended the Governing Body accept dedications of land, or an interest therein for public purposes, contained in FP-12-14-06, final plat for Cherry Park, located in the 10800 block of west 49th Street. A memo and a copy of the staff report are included.

Accept dedications of land for, or an interest therein for public purposes, contained in FP-12-14-06; Final Plat for Cherry Park, located in the 10800 block of west 49th Street, subject to the conditions listed in the staff report. PAGES 17 - 26

7. CONSIDER AGREEMENTS TO PROVIDE SCHOOL RESOURCE OFFICER SERVICES TO THE SHAWNEE MISSION AND DE SOTO SCHOOL DISTRICTS.

Included are agreements to provide School Resource Officers services to both the Shawnee Mission School District and the De Soto Unified School District. A memo from staff and the proposed agreements are included.

a) Authorize the Mayor to sign the agreement with the Shawnee Mission Unified School District to provide School Resource Officer Services for the 2014/2015 and 2015/2016 school years; and

b) Authorize the Mayor to sign the agreement with the De Soto Unified School District to provide School Resource Officer Services for the 2014/2015 school year. PAGES 27 - 36

D. MAYOR'S ITEMS

1. BUSINESS APPRECIATION DAY PROCLAMATION.

2. PARKS AND RECREATION MONTH PROCLAMATION.

E. APPOINTMENTS Page 3 City Council

1. CONSIDER REAPPOINTMENTS TO THE PLANNING COMMISSION.

DISCUSSION: Mayor Meyers is recommending the reappointment of Brandon Kenig, James Schnefke and Alan Willoughby to the Planning Commission with a term expiring on June 30, 2017. PAGES 37 - 42

ACTION: a) Reappoint Brandon Kenig to the Planning Commission with a term expiring June 30, 2017;

b) Reappoint James Schnefke to the Planning Commission with a term expiring June 30, 2017; and

c) Reappoint Alan Willoughby to the Planning Commission with a term expiring June 30, 2017.

COMMENTS: ______

______

2. CONSIDER REAPPOINTMENTS TO THE BOARD OF ZONING APPEALS.

DISCUSSION: Mayor Meyers is recommending the reappointment of Mark Fabac and Bob Waters to the Board of Zoning Appeals with a term expiring on June 30, 2017. PAGES 43 - 46

ACTION: a) Reappoint Mark Fabac to the Board of Zoning Appeals with a term expiring June 30, 2017; and

b) Reappoint Bob Waters to the Board of Zoning Appeals with a term expiring June 30, 2017.

COMMENTS: ______

______

3. CONSIDER APPOINTMENT TO THE PLANNING COMMISSION. Page 4 City Council

DISCUSSION: Mayor Meyers is recommending the appointment of Randy Braley to the Planning Commission with a term expiring on June 30, 2017. PAGES 47 - 52

ACTION: Approve the appointment of Randy Braley to the Planning Commission with a term expiring on June 30, 2017.

COMMENTS: ______

______

F. BUSINESS FROM THE FLOOR

a) ______

______

b) ______

______

G. PUBLIC ITEMS

1. PRESENTATION OF 2013 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR).

DISCUSSION: The City's financial statements and operations for 2013 were audited by Mize Houser & Company, PA. A representative of the firm will make a short presentation about their findings. PAGES 53 - 58

ACTION: The report is for information only. No action is required by the Governing Body

COMMENTS: ______

______

2. CONSIDER ADOPTION OF RESOLUTIONS AND APPROVAL OF ORDINANCES Page 5 City Council

ACCEPTING THE BEST BID AND AUTHORIZING THE SALE AND DELIVERY OF GENERAL OBLIGATION INTERNAL IMPROVEMENT AND REFUNDING BONDS, SERIES 2014A AND 2014B.

DISCUSSION: On May 27, the Governing Body adopted a resolution setting the time and place to collect bids for the sale of General Obligation Internal Improvement Bonds and providing notice thereof for June 23. A representative from Springsted, Inc, the City's financial advisors, will be at the meeting for any questions. A memo, resolutions and ordinance are included for review. PAGES 59 - 160

ACTION: a) Adopt a resolution accepting best bid for Internal Improvement Bonds, Series 2014A. If adopted, a resolution number will be assigned;

b) Pass an ordinance authorizing the issuance and delivery of Internal Improvement Bonds, Series 2014A. If passed, an ordinance number will be assigned;

c) Adopt a resolution prescribing the form and details for Internal Improvement Bonds, Series 2014A. If adopted, a resolution number will be assigned;

d) Adopt a resolution accepting best bid for Refunding Bonds, Series 2014B. If adopted, a resolution number will be assigned;

e) Pass an ordinance authorizing the issuance and delivery of Refunding Bonds, Series 2014B. If passed, an ordinance number will be assigned; and

f) Adopt a resolution prescribing the form and details for Refunding Bonds, Series 2014B. If adopted, a resolution number will be assigned.

COMMENTS: ______

______

3. CONSIDER A RESOLUTION CONSENTING TO THE ENLARGEMENT OF CONSOLIDATED MAIN SEWER DISTRICT FOR LITTLE MILL CREEK #7 AND A DEVELOPMENT AGREEMENT WITH GEORGETOWN/ENGLEWOOD PLAZA ASSOCIATES, LP. Page 6 City Council

DISCUSSION: Georgetown/Englewood Plaza, LP has requested the City provide funding assistance for a Contract Sewer District for the area bound by Shawnee Mission Parkway on the north, Midland Drive on the south, Renner Road on the west and Maurer Road on the east. Seven property owners representing more than 25 acres of land in the area are interested in sewers. A resolution establishing the sewer district, developer agreement, and memo from staff are included. PAGES 161 - 172

ACTION: a) Adopt the Resolution consenting to the enlargement of Consolidated Main Sewer District of Johnson County, Kansas, by the Board of County Commissioners. If approved, a resolution number will be assigned.

b) Approve and authorize the Mayor to sign a Development Agreement with Georgetown/Englewood Plaza Associates, LP.

COMMENTS: ______

______

4. CONSIDER EXCISE TAX ABATEMENT AGREEMENT WITH CHERRY PARK PROPERTIES, LLC FOR THE PROPERTY GENERALLY LOCATED AT 10800 W. 49TH STREET.

DISCUSSION: For the purpose of stimulating development activity, the Governing Body passed an ordinance creating the option for a property owner to receive a conditional abatement of excise tax. Pursuant to the Policy, Cherry Park Properties, LLC has formally requested to be considered for the conditional abatement of the excise tax for 1.8 acres of unplatted land in the 10800 block of West 49th Street. A memo from staff is included. PAGES 173 - 182

ACTION: Approve and authorize the mayor to sign an Excise Tax Abatement Agreement with Cherry Park Properties, LLC.

COMMENTS: ______

______

______Page 7 City Council

5. ESTABLISH BUDGET LIMIT AND SET PUBLIC HEARING FOR THE 2014 AMENDED BUDGET AND THE 2015 BUDGET.

DISCUSSION: Kansas Statutes require the City to set a public hearing for the 2014 Amended Budget and the 2015 Budget. Included are the notices setting the time and date for the public hearing for July 28, 2014 at 7:30 p.m., a memo from staff and other related information are included. PAGES 183 - 194

ACTION: a) Approve the Notice of Public Hearing amending the 2014 Budget for July 28, 2014, at 7:30 p.m.; and

b) Approve the Notice of Public Hearing for the 2015 Budget for July 28, 2014 at 7:30 p.m. establishing the tax levy at $17,615,846 with an estimated mill levy of 24.959 for a total budget of $88,845,620.

COMMENTS: ______

______

H. ITEMS FROM THE COUNCIL COMMITTEE MEETING OF JUNE 17, 2014 CHAIRED BY JIM NEIGHBOR

1. CONSIDER AN INTERLOCAL AGREEMENT WITH THE CITY OF OVERLAND PARK TO CHIP SEAL SWITZER ROAD SOUTH OF 75TH STREET.

The Council Committee voted 7-1 to recommend the Governing Body approve the chip seal treatment to the west half of Switzer Road south of 75th Street and an Interlocal Agreement to share the cost with the City of Overland Park who is administering the project. PAGES 195 - 204

COMMENTS: ______

______

I. STAFF ITEMS

1. CONSIDER BIDS AND AWARD CONTRACT OF THE 2014 CHIP SEAL PROGRAM. Page 8 City Council

DISCUSSION: Bids were received on May 13, 2014 from two contractors. The budget for this work is $150,000. Staff is recommending the low bidder Harbour construction. A memo is included. PAGES 205 - 206

ACTION: Approve the bid and authorize the Mayor to sign the construction contract with Harbour Construction, Inc. in the amount of $133,710.60.

COMMENTS: ______

______

2. CONSIDER PROPERTY ACQUISITION AND AN ADVANCE RIGHT-OF-WAY AGREEMENT WITH THE KANSAS DEPARTMENT OF TRANSPORTATION (KDOT) FOR PROPERTY LOCATED AT 23105 W. 75TH STREET.

DISCUSSION: As part of the K-7 Corridor Management Plan, staff has negotiated with the property owner at 23105 W. 75th Street to purchase property for future right-of-way at K-7 and 75th Street. KDOT will reimburse the City for a portion of the costs. An agreement with KDOT and a contract for purchase are required. A memo from staff and related documents are included. PAGES 207 - 226

ACTION: a) Approve and authorize the Mayor to sign an Advance Right-of-Way Agreement with the Kansas Department of Transportation; and

b) Approve and authorize the Mayor to sign a contract to purchase the property located at 23105 W. 75th Street in the amount of $150,000, plus $1,400 in federally mandated relocation expenses and an estimated $1,375 for closing costs.

COMMENTS: ______

______

J. MISCELLANEOUS ITEMS

1. RATIFY SEMI-MONTHLY CLAIM FOR JUNE 23, 2014 IN THE AMOUNT OF $3,497,797.95. Page 9 City Council

COMMENTS: ______

______

2. MISCELLANEOUS COUNCIL ITEMS.

COMMENTS: ______

______

K. ADJOURNMENT

Page 1 DRAFT CITY COUNCIL MINUTES June 9, 2014

CITY OF SHAWNEE CITY COUNCIL MEETING MINUTES June 9, 2014 7:30 P.M.

Jeff Meyers – Mayor

Councilmembers Present Staff Present Councilmember Pflumm City Manager Gonzales Councilmember Neighbor Deputy City Manager Charlesworth Councilmember Sawyer Assistant City Manager Killen Councilmember Kemmling City Clerk Powell Councilmember Vaught Finance Director Rogers Councilmember Meyer Planning Director Chaffee Councilmember Sandifer City Engineer Wesselschmidt Councilmember Distler City Attorney Rainey Assistant City Attorney Rainey Information Technology Director Bunting Parks and Recreation Director Holman Human Resources Manager Crawford-Bernard Fire Chief Mattox Police Chief Larimore Deputy Fire Chief Scarpa Communications Manager Ferguson Sr. Project Engineer Lindstrom Manager of Parks and Facilities DeGraeve Office and Facilities Coordinator Krueger

(City Council Meeting Called to Order at 7:29 p.m.)

A. 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’ll 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.

Page 2 DRAFT CITY COUNCIL MINUTES June 9, 2014

MAYOR MEYERS: Councilmember Kemmling?

COUNCILMEMBER KEMMLING: Present.

MAYOR MEYERS: Councilmember Sawyer?

COUNCILMEMBER SAWYER: Present.

MAYOR MEYERS: Councilmember Vaught?

COUNCILMEMBER VAUGHT: Present.

MAYOR MEYERS: Councilmember Meyer?

COUNCILMEMBER MEYER: Present.

MAYOR MEYERS: Councilmember Sandifer?

COUNCILMEMBER SANDIFER: Present.

MAYOR MEYERS: And, Councilmember Distler?

COUNCILMEMBER DISTLER: Present.

MAYOR MEYERS: Thank you.

B. PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE

MAYOR MEYERS: At this time if everyone would please rise for the Pledge of Allegiance followed by a brief moment of silence. We have some Boy Scouts that are with us tonight, and I’d ask them to please come forward and they’re going to lead us tonight in the Pledge of Allegiance and it will be followed by a brief moment of silence. Come on in front of the microphone, boys. When you’re ready.

(Pledge of Allegiance and Moment of Silence)

MAYOR MEYERS: Boys, if you would please face the audience and maybe you want to step in front of the microphone now so everybody can see you. And please tell us your name and what pack you represent.

(Introduction of Scouts from Troop 3851)

MAYOR MEYERS: Let’s give them a great hand and thank you.

Page 3 DRAFT CITY COUNCIL MINUTES June 9, 2014

(Applause)

MAYOR MEYERS: I should have said troop, not pack. 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’d 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. After you are finished, please sign the form to the left of the podium to ensure that we have an accurate record of your name and address. I would also like to remind the Council to turn your microphone on when you would like to speak so that we can get a clear and accurate record of the meeting.

C. CONSENT AGENDA

1. APPROVE MINUTES FROM THE CITY COUNCIL MEETING OF MAY 27, 2014. 2. APPROVE MINUTES FROM THE COUNCIL COMMITTEE MEETING OF MAY 20, 2014. 3. REVIEW MINUTES FROM THE PLANNING COMMISSION MEETING OF MAY 19, 2014. 4. CONSIDER AN AGREEMENT WITH THE KANSAS DEPARTMENT OF TRANSPORTATION RELATED TO THE SHAWNEE MISSION PARKWAY AND WOODLAND PROJECT, P.N. 3386. 5. CONSIDER CHANGE ORDER NO. 2 AND FINAL FOR THE MONTICELLO ROAD PROJECT, 66TH TO JOHNSON DRIVE, P.N. 3321. 6. CONSIDER AN INTERLOCAL AGREEMENT RELATED TO IMPROVEMENTS TO 47TH STREET/COUNTY LINE ROAD, SWITZER TO MONROVIA, P.N. 3398. 7. CONSIDER ACCEPTANCE OF DEDICATION OF LAND FOR PUBLIC PURPOSES CONTAINED IN FP-08-14-05; FINAL PLAT FOR ESTATES OF HIGHLAND RIDGE, 3RD PLAT, LOCATED IN THE 23700 BLOCK OF 51ST TERRACE (51ST TERRACE AND MEADOW HEIGHT DRIVE).

MAYOR MEYERS: The next item on the agenda is the Consent Agenda. Does the Council have any items that they would like to remove? Seeing none, I will accept a motion --

COUNCILMEMBER SANDIFER: Move for approval.

COUNCILMEMBER VAUGHT: Second.

Page 4 DRAFT CITY COUNCIL MINUTES June 9, 2014

MAYOR MEYERS: A motion has been made and seconded to approve the Consent Agenda. All in favor signify by saying aye.

COUNCILMEMBERS: Aye.

MAYOR MEYERS: Oppose no. Motion passes. (Motion passes 8-0)

D. MAYOR’S ITEMS

1. RECOGNIZE SHAWNEE SHINE UP PARTICIPANTS.

MAYOR MEYERS: The next item on our agenda is Mayor’s Items, Item D. First of all, I’d like to mention that at the beginning of the meeting before the meeting began we had a slide show going on on the projectors on the screens. And that was pictures and comments on our Facebook page from this weekend’s events from Old Shawnee Days Parade. And I would invite all of you to visit our Facebook page and see some of the wonderful comments that were made. It was just a great weekend and I’m sure there’s going to be some Councilmembers that are going to make some mention of this weekend’s activities during our Council time at the end of the meeting. But I did want to make you aware of that Facebook page and welcome any comments that you would like to make.

Tonight I have two recognitions and I’m going to come down in front in order to make those. First is the Shawnee Shine Up participants. We are very pleased to have several groups that participated in Shawnee Shine Up this past month. Shawnee Shine Up is an event where residents, business owners, families and civic groups volunteer to take on beautification projects throughout the City. Participants can adopt a park, a street or a local neighborhood. This is a great way to teach kids of all ages the importance of civic and community pride. We have several participants being honored tonight. The first group that I’d like to have come forward is the Monticello Trails Middle School Student Council. Are any of their representatives here tonight? Please come forward. Chelsea Cassell is the representative of this group. And I would like the rest of you to come up here and stand where everybody can see you. Everybody wants to see our wonderful people that help keep our City clean and did a great, wonderful job for us. If you’ll please state your name and maybe your position in the council or who you represent.

(Introduction of Monticello Trails Middle School Student Council participants)

MAYOR MEYERS: Let’s give them a great hand.

(Applause)

(Certificate Presentation and Photographs)

Page 5 DRAFT CITY COUNCIL MINUTES June 9, 2014

MAYOR MEYERS: The second group I’d like to honor is Cub Scout Pack 3851. Is there anybody here from Cub Scout Pack 3851? Please come forward, boys. They were the boys that helped lead us along with a brother I believe that helped us in the Plead of Allegiance tonight. Their group leader is Ken Lewis. This scout pack beautified Garrett Park and they are going to be receiving certificates. I think you’ve met the three boys except this one. What’s your name?

(Conversation with scouts)

MAYOR MEYERS: Let’s give him a great round of applause.

(Applause)

MAYOR MEYERS: While they’re getting their certificates, you know, I’d just like to mention it. It is so important for us to have volunteers such as these young people. Young and old alike. Anytime we can have people that volunteer to help clean our City and provide community service, it’s so important to all of us in this whole community and we really appreciate it. Here we go, boys. Smile.

(Certification presentation and photographs)

MAYOR MEYERS: Good. Good job. Next, we have Cub Scout Pack 3351. Is there anyone here representing Cub Scout Pack 3351? I don’t see anybody. This Cub Scout pack worked in Stump Park. The group leader is Brian Marincovich. And they did a super job also.

Another group that we have is Cub Scout Pack 3394. Are there any representatives from Cub Scout Pack 3394? Their group leader is Eric Van Allen. The pack volunteered to clean up the grounds around the Justice Center.

Next, I’d like to call up representatives of the Benninghoven Green Team. We have some boys here today, or maybe others. Boy and girls, good. Very good. The Benninghoven Green Team, they worked on Blackfish Stream. And again, another important project and they did a super job of cleaning for us. And we thank you. Let’s get a picture taken.

(Presentation of certificate and photographs)

(Introduction of Benninghoven Green Team)

MAYOR MEYERS: Great job. Thank you so much.

(Applause)

Page 6 DRAFT CITY COUNCIL MINUTES June 9, 2014

MAYOR MEYERS: Is anyone here from Hocker Grove tonight? Katie Butner[PH] led that team and a clean-up effort at Herman Laird Park. We have two groups that participated but were unable to attend tonight’s meeting, Daisy Troop 514 is led by Carrie Owens. Troop 514 picked up trash and helped beautify Gamblin Park. I would also like to recognize the Fagan family. Their work on Caenen Park should not go unnoticed. We’ll be sure to get certificates to both the Daisy Troop 514 and Fagan family in the mail. I want to say thank you again to all that participated by volunteering their time during the month of May to help this City shine. Thank you very much.

(Applause)

2. RELAY FOR LIFE PROCLAMATION.

MAYOR MEYERS: I have a proclamation that I’m going to read tonight, but I didn’t bring it out with me. But at this time I’d like to have Keith Winterhalter join me and we are doing a proclamation for Relay for Life. And, Keith, this is your chance to use up some time while I’m waiting and give a little explanation of what’s going on.

MR. WINTERHALTER: Sure. I appreciate you all being here this evening. The Relay for Life is the American Cancer Society’s tribute to the survivors of cancer. The important to thing to recognize here is survivors aren’t just the people who are stricken by it, it’s the friends, the family and the loved ones who join in the fight against cancer. And it is a disease that’s killed millions of people in the United States alone every year. The great thing is we’re making it smaller numbers. Our objective is to have more birthdays. So, every year all over the country we have Relays for Life. They are 12 to 24-hour endurance marathons. They’re a casual walk. There’s no grading of it. Nobody has to be there the whole time. But we want you to come down for the first four or five hours. It’s a party. It’s a carnival. Not on the scale of Old Shawnee Days, but it’s a lot of fun. All of it is a tribute to those people who are fighting cancer. June 20th, a week from Friday at Swarner Park over here on Lackman Road and 62nd Street, we start at six p.m. We’ll have 300 or 400 people we hope to begin the evening. By around six a.m. when we close it up there should be about 30 of us left. And when you had all the Cub Scouts here I was a little jealous, because, you know, they number those troops in order in which they started the troop. I was a proud member of Troop 7.

MAYOR MEYERS: Oh, wow. Very good. Well, tonight we have a proclamation. From the Office of the Mayor of Shawnee, Kansas. Whereas, Relay for Life is a signature activity of the American Cancer Society and it celebrates cancer survivors and caregivers, remembers loved ones lost to the disease and empowers individuals and communities to fight back against cancer; and whereas, money raise during Relay for Life supports the American Cancer Society’s mission of saving lives and creating a world with less cancer and more birthdays by helping people stay well, by helping people get well, by finding cures for cancer and by fighting back; and whereas, Relay for Life helps make possible programs such as free wigs and headwear from the Wig Bank,

Page 7 DRAFT CITY COUNCIL MINUTES June 9, 2014

rides to and front treatment, look good, feel better sessions for women undergoing treatment, support networks and cancer care specialists who are there to answer your questions anytime or day of the week; and whereas, Relay for Life help fund more than $150 million in cancer research last year. Therefore, I, Jeff Meyers, Mayor of the City of Shawnee, Kansas, do hereby proclaim June 20, 2014, Relay for Life Day in the City of Shawnee and encourage citizens to participate in Relay for Life events throughout the community. Thank you very much.

(Applause)

E. BUSINESS FROM THE FLOOR

MAYOR MEYERS: And now we’ll move to Item E, Business from the Floor. I would ask is there anyone from the audience that wants to bring an item, business from the floor tonight? Seeing none, we’ll move on to Item F, Public Items.

F. PUBLIC ITEMS

1. CONSIDER AN ORDINANCE LEVYING ASSESSMENTS FOR COSTS OF RELOCATION OF MIDLAND DRIVE, P.N. 3388 RELATED TO THE SHAWNEE PLAZA REDEVELOPMENT PROJECT.

MAYOR MEYERS: Item Number 1, Consider an Ordinance Levying Assessments for Costs of Relocation of Midland Drive, P.N. 3388 Related to the Shawnee Plaza Redevelopment Project. At the May 27, 2014 City Council meeting the Governing Body adopted a resolution authorizing the sale of general obligation bonds for this project. A portion of the improvements will be paid by special assessments on six parcels. Owners of the six parcels have waived the requirement for a public hearing. An ordinance levying assessments is required. Questions or comments from the Council? I’ll accept a motion.

COUNCILMEMBER SANDIFER: Motion to pass an ordinance levying assessments for costs of relocation of Midland Drive, P.N. 3388, related to the Shawnee Plaza Redevelopment Project.

COUNCILMEMBER NEIGHBOR: Second.

MAYOR MEYERS: A motion has been made and seconded on this item. Any further discussion? Is there anyone from the audience that would like to speak to this item? Seeing none, all in favor signify by saying aye.

COUNCILMEMBERS PFLUMM, NEIGHBOR, KEMMLING, VAUGHT, MEYER, SANDIFER, DISTLER: Aye.

Page 8 DRAFT CITY COUNCIL MINUTES June 9, 2014

MAYOR MEYERS: Oppose no.

COUNCILMEMBER SAWYER: No.

MAYOR MEYERS: Motion passes. (Motion passes 7-1)

Having passed, Ordinance No. 3089 was assigned.

2. CONSIDER AN ORDINANCE ESTABLISHING A TRANSPORTATION DEVELOPMENT DISTRICT AND LEVYING ASSESSMENTS; A DEVELOPMENT AGREEMENT; AND AN EXCISE TAX ABATEMENT AGREEMENT RELATED TO THE HIGHLAND RIDGE SUBDIVISION.

a) Approve and authorize the Mayor to sign an Excise Tax Abatement Agreement with Plan Land Holdings (Prieb Homes).

MAYOR MEYERS: Item Number 2 is to Consider an Ordinance Establishing a Transportation Development District and Levying Assessments; a Development Agreement; and an Excise Tax Abatement Agreement Related to the Highland Ridge Subdivision. At the April 8, 2014 meeting, the Council Committee voted 6-2 in support of the Highland Ridge Street Network Plan. Since that meeting, staff has worked with the developer to move this plan forward. The Planning Commission approved the replat of the undeveloped area submitted by Prieb Homes. Following approval of the plat, an Excise Tax Abatement Agreement, an ordinance establishing a special assessment Transportation Development District and a Development Agreement are the next steps.

COUNCILMEMBER VAUGHT: Move to approve and authorize the Mayor to sign an Excise Tax Abatement Agreement with Plan Land Holdings.

COUNCILMEMBER MEYER: Second.

MAYOR MEYERS: A motion has been made on Item A. Questions, 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: Oppose no. Motion passes. (Motion passes 8-0)

b) Pass an Ordinance creating the Estates of Highland Ridge Transportation Development District, authorizing improvements, setting the maximum cost and levying assessments.

Page 9 DRAFT CITY COUNCIL MINUTES June 9, 2014

COUNCILMEMBER VAUGHT: Move to pass an ordinance creating the Estates of Highland Ridge Transportation Development District, authorizing improvements, setting the maximum cost and levying assessments. COUNCILMEMBER MEYER: 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 PFLUMM, NEIGHBOR, SAWYER, VAUGHT, MEYER, SANDIFER, DISTLER: Aye.

MAYOR MEYERS: Oppose no.

COUNCILMEMBER KEMMLING: No.

MAYOR MEYERS: Motion passes. (Motion passes 7-1)

Having passed, Ordinance No. 3090 was assigned.

c)Approve and authorize the Mayor to sign a Development Agreement between the City of Shawnee and Plan Land Holdings for implementation of the Estates of Highland Ridge Transportation Development District.

COUNCILMEMBER VAUGHT: I got it.

MAYOR MEYERS: There’s one other item.

COUNCILMEMBER VAUGHT: Move to approve and authorize the Mayor to sign a Development Agreement between the City of Shawnee and Plan Land Holdings for implementation of the Estates of Highland Ridge Transportation Development District.

COUNCILMEMBER MEYER: Second.

MAYOR MEYERS: We have a motion and a second to approve Item C. Any further discussion from the Council? Seeing none, is there anyone from the audience that would like to speak to this item? Seeing none, all in favor signify by saying aye.

COUNCILMEMBERS PFLUMM, NEIGHBOR, SAWYER, VAUGHT, MEYER, SANDIFER, DISTLER: Aye.

MAYOR MEYERS: Oppose no.

COUNCILMEMBER KEMMLING: No.

Page 10 DRAFT CITY COUNCIL MINUTES June 9, 2014

MAYOR MEYERS: Motion passes. (Motion passes 7-1)

G. ITEMS FROM THE COUNCIL COMMITTEE MEETING OF MAY 20, 2014, CHAIRED BY COUNCILMEMBER NEIGHBOR

1. CONSIDER AN ORDINANCE ADOPTING AND SETTING FORTH AN EMERGENCY OPERATIONS PLAN.

MAYOR MEYERS: Move to Item G, Items from the Council Committee Meeting of May 20, 2014, Chaired by Councilmember Neighbor.

COUNCILMEMBER NEIGHBOR: Yes. Thank you, Mr. Mayor. At the May 20th Committee Meeting, the Committee voted to forward the Emergency Operations Plan to the Governing Body with wording revisions. Staff has incorporated these revisions in the document. Section 8.48.010, C.4 is revised to read, “Issue any order that the Mayor, or in his or her absence the City Manager, deems imminently necessary for the protection of life and property.” The second is Section 8.48.010, C.2. Wording was added permitting sale of gasoline in OSHA and DOT approved containers of no greater than five gallons as well as gasoline tanks properly mounted on a motor vehicle. Item C. Staff has determined that the plan meets the spirit and intent of newly-passed Kansas Bill H.B. 2578, which becomes law on July 1, 2014. H.B. 2578 regulates and amends current statutes and creates new provisions of law concerning the regulation and possession of weapons. Staff’s interpretation of this new law is that even during an emergency declaration the City may not restrict the sale of firearms or ammunition. I move that the Emergency Operations Plan for Shawnee be approved as revised.

COUNCILMEMBER DISTLER: Second.

MAYOR MEYERS: A motion has been made and seconded on this item. Any further discussion from the Council? Mr. Pflumm?

COUNCILMEMBER PFLUMM: The second item there, replace the language related to the issues, orders with the Mayor, in his or her absence the City Manager. What was that? Was that replaced with or is that the replacement?

COUNCILMEMBER NEIGHBOR: It’s what it was verbatim. Just a second, I’ll show it to you.

FIRE CHIEF MATTOX: Mr. Pflumm, maybe I could add. If you could restate the question, maybe I could help you. Well, it’s Number 4. I don’t know if we could get it maybe put up on the --

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MAYOR MEYERS: Chief, could you -- just for the record so that we know that you’re speaking.

FIRE CHIEF MATTOX: John Mattox, City of Shawnee Fire Chief.

MAYOR MEYERS: Thank you.

COUNCILMEMBER PFLUMM: It’s on page 116. You can use mine if you want.

CITY MANAGER GONZALES: And actually it’s on page 110. It shows the changes in the packet memo. That the word “reasonable” was eliminated and the word, “any other reasonable” were eliminated and the “in his or her absence” was added.

FIRE CHIEF MATTOX: Yes. Was that your question?

COUNCILMEMBER PFLUMM: Well, my question -- maybe we discussed this quite a bit and maybe I’m not recalling it exactly, but the Mayor, and I kind of thought it would be the, you know, the Council President or whoever was the next succeeding as opposed to the City Manager. So, that’s what I’m --

FIRE CHIEF MATTOX: As far as declaring the disaster?

COUNCILMEMBER PFLUMM: Yeah. I mean, it would be an elected official I guess is what I’m saying.

FIRE CHIEF MATTOX: Well, by state statute, which we followed, K.S.A. 48-932, it states as far as “state of local disaster emergency may be declared by the chairman of the board of county commissioners of any county, or by the mayor or other principal executive officer of each city of this state having a disaster,” which would be the City Manager for us.

CITY MANAGER GONZALES: And actually this section you’re referring to isn’t about declaring a disaster. It’s about the reasonable order, §848.010. So, it’s later in. And the discussion with the Committee was to leave it as written except to add the “in his or her absence.”

COUNCILMEMBER PFLUMM: Well, then actually I was talking about the one right below that.

CITY MANAGER GONZALES: Correct.

COUNCILMEMBER NEIGHBOR: Yeah. That’s what’s revised.

COUNCILMEMBER PFLUMM: Oh, revised, too. Okay. Gotcha. Okay.

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FIRE CHIEF MATTOX: Okay.

MAYOR MEYERS: Any other questions or comments from the Council? Mr. Vaught?

COUNCILMEMBER VAUGHT: So, I remember when we had this discussion about “and/or,” so I assume we’ve taken that out. Now, I guess my question with that would be we’re saying that the Mayor has the -- issuing of -- the Mayor is the one that issues an order that deems imminently necessary. From what I’ve read and which concerns me is, and I talked about in our meeting was according to our charter and according to state statute, does the Mayor in our form of government have that authority? So, are we granting our Mayor authority, a state statute charter ordinance does not otherwise grant? How do we -- I mean, and I’d like to have an opinion on that, I mean, a legal opinion.

ASSISTANT CITY ATTORNEY RAINEY: Well, I think we decided that that act was different than the administration, the everyday administration of our affairs. Do you have the statute there, 26?

FIRE CHIEF MATTOX: K.S.A. 48-932?

ASSISTANT CITY ATTORNEY RAINEY: I’ll have to trust you. If you can put it on the screen I’ll know.

FIRE CHIEF MATTOX: Is it this one?

ASSISTANT CITY ATTORNEY RAINEY: That’s it. When we adopted Charter Ordinance 40 and the preceding charter ordinances, we did not charter out of the Emergency Preparedness for Disasters Act. And I know that’s probably not the correct way to refer to it. We chartered out of the city statutory provisions regarding our form of government that applied to our everyday form of government and the administration of this City. Whereas, this particular provision applies only during the disaster, which is the seven day declaration. The declaration does not exceed seven days. Now, if you look below that there’s no case annotations and there’s no Attorney General opinions. I’m just assuming from logic that we didn’t specifically reference this statute and did not intend to charter out of it. So, as a result, I think K.S.A. 48-932 is still the prevailing statutory provision during a disaster.

CITY MANAGER GONZALES: And so in this section it is appropriate that the Mayor, by this statute, would give the Mayor the authority to make these kinds of decisions and/or the principal executive officer as ours is written.

ASSISTANT CITY ATTORNEY RAINEY: That’s the way I read K.S.A. 48-932. It states, you know, the mayor or other principal executive officer of each city. And this

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provision is from 1975. And the other officer in our -- executive officer in our city that is a principal executive officer is obviously the City Manager. So, the statute says mayor or other principal executive officer. Does that answer or muddy?

COUNCILMEMBER VAUGHT: Well, I mean, it answers it. But I still think there’s a fair amount of uncertainty, because we’re saying, well, this is a 72 ordinance. I think, I mean, I don’t know. You know, are we passing something that down the road we realize that, well, wait a second, we have an issue here and this person can’t have this authority or are we challenged on it. I mean, you know, I kind of pretty strongly in our last meeting I just don’t understand why we’re doing this. We’re taking what every other city in Johnson County from what I’m aware of and they passed it one way and then we’re deciding that we need to do something totally different. I mean, I’m looking at this, I’m thinking, issue any order that the mayor, or in his or her absence, the city manager deems imminently necessary for the protection of life or property, and, you know, there’s -- in our form of government, there’s nobody more engaged in the day-today operation of the city than the City Manager, whether it’s the one currently sitting in the chair or anybody else we hire versus a weak mayor position that is not full-time that is not involved in the day-to-day operations of the City. So, why all of a sudden in a disaster do we all think it’s best to have that person take the lead on issuing orders that they deem imminently necessarily for protection of life or property? I don’t, I mean, who knows who could be sitting in the Mayor’s seat. Anybody can win that election versus a manager. At least we control the manager that we hire. So, I still question whether this is the most intelligent move to make.

MAYOR MEYERS: Ms. Distler.

COUNCILMEMBER DISTLER: Please correct me if I’m wrong. Please do. But my understanding after talking with Deputy Chief Scarpa and Terry Kegin was that this is how the other cities are doing it. So, am I wrong, in that, that was my understanding? So, I’m not sure where Mr. Vaught got his information that we’re doing it differently, because -- and like I said I could have been wrong. But my takeaway from my conversations with them was this is how the other cities are doing it.

FIRE CHIEF MATTOX: And other cities are doing it this way.

COUNCILMEMBER DISTLER: So, I don’t know where this other information is coming from.

FIRE CHIEF MATTOX: I think the water is getting muddied up here and down here. Yes, the Mayor can declare that. Then it becomes a unified command type thing. You know, it would never be where the Mayor was calling the shots on what’s going. The Mayor or his or her replacement would just kind of be organizing that structure up there. As far as the operation, would follow the plan. And then all of the work that’s being

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done would be done under the, you know, unified command with commanders in the field doing all that. So, the Mayor, don’t take this wrong, really isn’t in charge of all of it.

COUNCILMEMBER DISTLER: Right.

FIRE CHIEF MATTOX: But he is responsible, he or she would be responsible for making that declaration and then pulling that organization together.

COUNCILMEMBER DISTLER: So, basically if we did it the other way and did the City Manager in charge, we would be the only city doing that way. We would be doing it differently than everybody else?

FIRE CHIEF MATTOX: We would be unique.

COUNCILMEMBER DISTLER: Right.

FIRE CHIEF MATTOX: I don’t want to say we’d be the only city.

COUNCILMEMBER DISTLER: Right. Not the standard. But, yes. Then Carol still has her same powers and even more with more authority and stuff for the operations part of it.

FIRE CHIEF MATTOX: And all of these duties can be delegated as well. Mayor recognizing this is out of his scope of, you know, out of his expertise, make the declaration. We all get together and then he kind of would stand back and let those of us that do that all the time would --

COUNCILMEMBER DISTLER: Right.

FIRE CHIEF MATTOX: And that is all in the plan. Not necessarily, you know, this is the act that enables the plan. That plan is almost 800 pages. That’s why it’s not printed for everybody, but it is available via the website.

MAYOR MEYERS: Mr. Sawyer.

COUNCILMEMBER SAWYER: Yeah. And, Chief, don’t go away. I guess I don’t have a lot of heartburn with this. I don’t think we can make it say what really is going to transpire. I don’t think the Mayor will ever -- I shouldn’t say, forever is a long time, would ever declare an emergency without the command staff saying we had an emergency. And I sure wouldn’t want it to be that way. You know, I think that the command staff is going to be the ones that are going to be the ones that are going to be closest to the incident or, you know, God forbid there ever is one, but they’re going to be the ones that are going to say, hey, we have an emergency. And if we don’t believe that, why then, you know, shame on us. But I believe that is the way it’s going to

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progress. It’s not exactly what it says. It says that the Mayor will call the shot, but I would love for it that the Mayor would call the shot after communicating with the command group, but I’m not sure you can say, cross every “I” and every “T.” But I mean, that’s the way I envision that it would work.

MAYOR MEYERS: Other Council comments? Mr. Kemmling?

COUNCILMEMBER KEMMLING: I’m going to sound like a broken record to some degree here. But I think this -- what we have in front of us, this act here is a vast improvement over what we first had and it’s making a lot of progress. But ultimately this act is a set of special powers that we’re giving the City to do something it can’t do on a regular basis. And so I’m always leery of giving extra powers and I want them to be as specific as possible as to what those powers are and when we can use them. And so my objection is still that I feel like to some degree we write a lot of blank checks here. When we say -- when we’re defining what event we say, “Major event resulting to such an extent that extraordinary measures must be taken to protect the public health.” That’s up to interpretation on whoever is sitting here on the day that they deem that to be necessary. I also feel like regardless of who we have making any order, it’s still a blank check that somebody gets the ability to make any order, whether it be the Mayor or the City Manager or anybody, I still have an issue with “issue any order that they deem necessary.” And like I’ve said in the past, I’m pleased with what we’ve done on the gun laws. I’m not sure if I’m in favor of mandatory curfews even though we’ve softened that a little. And I also understand the reasoning behind limiting the sale of alcohol. But I ultimately feel like people have the right to be stupid if they want to be stupid. Sorry. People have the ability to make a poor decision if they want to make a poor decision.

MAYOR MEYERS: Thank you. Any other Council discussion? Very good. Thank you, Chief.

COUNCILMEMBER PFLUMM: Thank you.

MAYOR MEYERS: If there’s no further discussion from the Council, I’d like to ask if there’s anyone from the audience that would like to speak to this item? Please come forward. Good evening. If you’ll state your name and address for the record, please.

MR. JENKINS: Good evening, Mayor and Council. My name is Eric Jenkins. I reside at (Address Omitted).

MAYOR MEYERS: Thank you.

MR. JENKINS: Have been a resident for 26 years. I am interested in this discussion and I feel I may have some meaningful input for your consideration based upon my 30 years of emergency management operations experience with the Federal Emergency

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Management Agency. For these four states of FEMA Region 7, which include, Kansas, Missouri, Iowa and Nebraska, I have managed the National Flood Insurance Program, the National Earthquake Hazards Reduction Program, the National Dam Safety Program, the Radiological Emergency Preparedness Program, State Emergency Management Performance Grants Program, Emergency Management Feeding Programs, Fire Grants Program, the fielding of the Incident Management System and National Response Plan/Framework. I’ve chaired the Regional Interagency Steering Committee and the Radiological Emergency Preparedness Committee. In addition to these numerous management assignments, I’ve been a member of the National Emergency Response Team and I have been the lead federal official, known as the Federal Coordinating Officer for three presidential disaster declarations, two in Iowa and one for the four-state disaster during the great flood of 1993. I have served as Deputy FCO in many disasters to include West Virginia, Nevada, Georgia, Iowa, Nebraska, Missouri and Kansas. Additionally, I’ve served as Operations Chief on many more disasters. When 911 occurred, I gained additional duties as Terrorism Response Coordinator for FEMA Region 7, providing the necessary coordination with the FBI, DOE, DOT, EPA, DOP and Public Health Service, another terrorism response agency. I was the FEMA representative on all anti-terrorism task forces. I’ve worked as a Senior Emergency Preparedness Liaison Officer, EPLO, for the 5th United States Army. I assisted them in the creation and development of Task Force Warrior, a task force created and trained to provide the Department of Defense support and civil authorities. This paragraph offering up my credentials does not cover many other emergency management activities such exercises training, preparedness planning and coordination. But I’m trying to give you a little bit of an idea that I do have some background and some pretty good depth in emergency management operations.

I’ve reviewed the draft ordinance entitled Emergency Operations Act and have some concerns. These are the proposed ordinance does not embrace the overarching guidance document used in the development of state and local emergency operations plans. This document is a National Incident Management System, NIMS. At NIMS, the emergency response and all support to response through county, state and federal, and in extreme cases perhaps even international support are all directed through the incident commander in support of the on-scene commander. This ordinance barely references NIMS and makes no mention of an on-scene commander or an incident commander. Page 112 states that a disaster be declared by the City Manager, and I think that was just a mistake. Apparently that memo was dated the 16th and it still was in there when I went to the website to pick off the current document and it still says City Manager. And then on page -- on the first part of the ordinance itself, it does say the Mayor. So, there was a little disconnect. So, you can disregard that one comment there. Apparently you do have that straightened out already. The Mayor is the correct person to make this decision. When you look at the emergency declaration process, it’s purely the politically elected officials, Mayor, Governor, President. Director of FEMA does not declare a disaster. It doesn’t work that way. It’s the politically elected

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representatives of the people that are in this chain of command and in the normal disaster operations vertical hierarchy.

There’s some fiscal responsibilities included here as well, and that’s another reason why we pin the rose on the chief elected official. FEMA pays for 75 percent of all disaster costs and reimburses the city for public assistance projects and so on as a result of their losses during the disaster, not to mention what they do for the individuals themselves. So, it’s a two-prong funding stream that comes into the community. Federal Government pays 75 percent, but the state and locals have a match of 25 percent. That sometimes varies how the state and the locals divide that up. But the state and locals do have a match in this process. And you have to keep that in mind. So, fiduciary responsibility is important. It’s great to pin the rose on the Mayor, because the Mayor is the elected official and the representative for that community as chosen by the people of that community.

Section 8.48.010, C.4 names the City Manager to make decisions for the Mayor and City Council in the absence of the Mayor. And we heard the Fire Chief say that’s the way it is in the State of Kansas. I’m sorry, but I just really don’t agree with that. You have a chain of command in this City according to charter. What the chain of command is, if the Mayor is not here, who’s next, who’s next, who’s next, it works right down the line. And all that is published and available for the City. I don’t know why we’re not using that. Section 8.48.010, C.5. This section allows the City Manager to purchase property or services without normal application of the City purchasing manual. I have a comment. My comment if it is not in adherence to established internal controls should be avoided if possible. There’s a reason you have those internal controls in there. And if you don’t think I’ve seen a whole lot of fraud, waste and abuse in disasters, I’m here to tell you I’ve been in a lot of disasters and I’ve seen a lot of people take advantage of disasters to fund all kinds of stuff that isn’t really legit for that disaster and gotten themselves in a lot of trouble. So, I would recommend staying with that if possible. And if you want to suspend that process, then it should be the chief elected official who makes a suspension of that with the Council’s concurrence. We’ve decided as the elected officials and the Governing Body that we’re going to suspend that process to enhance timeliness or whatever that consideration is that you’re dealing with at that moment. Paragraph 8.48.02, A. This paragraph ties to the Shawnee’s LEOP to state emergency operations plan in linkage to NIMS. And my comment was that should be further up front in the ordinance. Let’s make that bullet right up front that we’re tying into state -- SEOP and we’re tying it into NIMS and then we can move on with the ordinance so that -- that gives us a certain amount of pedigree right up front. §6.48.020, adopting and promulgating the LEOP is not a matter of choice to the City Manager. The City Manager is not authorized to implement the LEOP. The City Manager is directed to implement to the LEOP and train and exercise the City staff in order that they can effectively perform the required functions in the plan. A plan without exercises is worthless. You can put it in your restrooms here in City Hall. It won’t work. You have to test it. You have to run exercises. And you work the bugs out and, oh, man, this isn’t

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the way we really want to do this. You’ll find out. Run your first exercise, just do a tabletop and you’ll be like, wow, I’m glad we did this tabletop. I want to go to full-scale, I want to see how we can do this, because you’ll find out. Big difference between a written plan and carrying out especially with the bullets flying.

Section 8.48.020, the National Incident Management System is built around the concept of the provision of support to an incident commander. I’ve never seen a City Manager in the role of incident commander at the community level. This function is almost universally given to the Fire Chief, Police Chief or in some cases in larger communities where they have an emergency management director, it may be that director. We have no emergency management director only an Emergency Management Coordinator. So, incident commander should either be the Fire or Police Chief. This is advantageous, because these personnel have likely received appropriate training at the National Fire Academy or the Emergency Management Institute and have the training and other prerequisites to perform these functions effectively. A trained incident commander knows the entire response system from local level through state and federal. It knows it is designed to support and bolster that incident commander. If you can picture it in your head, this entire apparatus, the entire emergency management system is focused on that incident commander and making him able to deal with what you’ve got to do deal with. And he can get almost anything he wants. You’d be amazed. You’d get search and rescue teams in here from anywhere in the country. You’ll have C-130's flying in. If that guy needs it, he gets it. That’s the way it works. Incident commander runs that thing. Okay. And that’s the way the system is set up to operate. And when you start making new systems that nobody understands, you’re going to have trouble interfacing with the people you’re trying to interface with. Okay. I also want to say the City Emergency Response Coordinator should be working hand in glove with the incident commander. He’ll be right there, because there’s things known as mission assignments. Hey, I need such and such. Turn it over to Emergency Management Coordinator. Hey, John, Harry, whatever. In this case it’s not John or Harry, but tell him just what I need. He writes up the necessary mission assignment request, gets it off to the state. The state says, whoa, this is bigger than what we can handle, boom, off to the feds. That’s the way the system works. And he can be integral to that incident commander in assisting through that process and also helping run the EOC.

Section 8.48.020, D. The City Manager should not be the lead official. This function must be borne by the Mayor/Governing Body. Additionally, our Emergency Management Coordinator who is the primary link to his counterparts at the Kansas Department of Emergency Management and the one who has received all the disaster response training, he’s not even mentioned in this ordinance. I thought that was kind of strange. If this City employee has no function in a disaster, it would be a fair question to ask why we have one. In most cases the Emergency Management Coordinator or director has a working knowledge of NIMS, the State Emergency Operations Plan, the incident command system, state and local emergency mutual support plans. He attends meetings with the Emergency Management Committee, the Mid America

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Regional Council. Receives training in planning, drills, exercises and other subject matter at FEMA’s Emergency Management Institute in Emmitsburg, Maryland, which is free of charge. You just go for free.

§8.48.049. As I’ve stated repeatedly, this should be the Mayor or next in the City’s chain of command, not in addition. Somewhere in the section I think it would be appropriate in this section of the ordinance to introduce the fact that the City has a Community Emergency Response Team, a CERT team, and talk about how they’re going to be part of this. I know this isn’t the actual plan. This is an ordinance. But I think it would be a good time to address, I mean, just the interrelationships they’re going to have with the emergency response processes within Shawnee. So, we could at least recognize them there. And also because as part of that thing, that whole paragraph starts talking about liability for emergency responders and volunteers and so on. So, those guys ought to probably be mentioned in there.

§8.48.070, agreements with the state. Let’s see, state or other external agreements should absolutely not be delegated to the City Manager. This is an inherent responsibility of our elected officials, period. §8.48.080, A. Authorizing the use of our City personnel to other localities in the metro area or statewide or outside the state in conformance with existing agreements or compacts such as the Emergency Management Assistance Compact, EMAC, should be authorized only by the Mayor or Governing Body after consultation with the City Manager concerning the impact on the City’s ability to meet our essential needs. §8.48.090. Again, the City Manager should be not be delegated to accept gifts, grants, loans, et cetera on the behalf of the City of Shawnee. That’s for the Mayor to do. He’s our elected official.

I just want to say nothing in this review or suggestions for improvement should be construed as an attempt to diminish the importance of a City Manager. And we value a City Manager in keeping the ball moving through managing the City’s staff to gain the most effective support in the community in very trying times. The City Manager will be as busy as a one-armed paperhanger. Trust me. There’s a whole lot going on to support that incident that has nothing to do with commanding the incident. Managing the City staff, moving City staff, personnel around to different departments and plus-ing up here, minus-ing out there, doing all the things you got to do through the Department of Public Works with debris removal, all that stuff. You’re going to be very, very active. The City Manager is going to be working 24 hours days for a while just trying to keep up that support to the disaster. And I think that’s a great place for the City Manager to be, managing the City’s assets. Okay. I think that’s a great place.

The Mayor and the Governing Body will also be busy. We are talking about an emergency here. It’s an emergency. It’s a disaster. It’s a big deal. And it’s not business as usual. And, frankly, a very infrequent burden for the Mayor and the Council. Not once have you guys had to do that. Okay. So, if we had a major chemical spill down here in Merriam and the plume was blowing the right way and we were being

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zapped pretty hard by a whole bunch of chlorine or something, you know what, maybe you guys ought to work full time for a couple days to make sure these things get done that need to have approval by the elected officials. Okay. That’s not a big sacrifice. That’s what you’re here for. And the City Manager, she’s great. She does a good job. Nobody is complaining about that. But we’re talking about, this is an emergency. We need to keep it within the elected chain of command, because you’re the people -- you’re the ones that the people put here. We did not put the City Manager here. We put you here. Of course, I’ve lived here for 25 years. We haven’t had a single emergency in all that time, a significant emergency in the 25 years that I’ve lived here, 26 years. And when the time does come, we should appropriately expect that our elected leaders will be willing to step forward and make themselves available full time. If necessary, for the duration of the disaster to ensure a timely decision-making process. And by the way, this training up at EMI and so on, it’s available to you, too. And exercises, whether they be tabletop or full-scale or partials or whatever, we would expect the City Council and the Mayor would be there so they understand how this whole thing is going down. Hey, I’ve done this before. I kind of feel okay about this, because I’ve been there and done that a little bit. Now I haven’t had the real thing, but at least I kind of understand how we’re all interacting, what the incident commander is doing, what the City Manager is doing, what I’m doing, what everybody’s responsibilities and requirements are. We’ve got to work through that a little bit. And that absolutely needs to be done.

And what’s stated in the cover letter, this ordinance will have no cost. Unfortunately that’s probably not true. Emergency operations are pretty much worthless as the paper they’re written on if they’re not exercised. I mentioned that earlier. You have to exercise, find the errors, exercise again till you get it right. And exercises do cost some money depending on how you do them. If you’ve got talented staff, they can write an exercise and knows how to write an exercise, maybe you could do it in-house. If you don’t, and oftentimes what you do, you go out and hire a consultant or whatever. I live here. I don’t know. I don’t know if you could talk me into writing one for you or not. I’ve written hundreds of them. But they’re something you got to have to know what you’re doing to do an exercise effectively and know how to do the evaluation part of it and the feedback mechanisms and all the stuff you have to build into an exercise. But it’s something that’s probably going to have to occur. And as I said here, trust me, when you’re in the middle of serious emergency is not the time to find out phone numbers, e- mails, designated personnel plans, et cetera that are out of date and don’t work. It’s a very painful experience if you have to go through that. These exercise, they cost. Okay. I said that.

But in closing, I just want to pass out a great “attaboy” that I’m so happy you guys are doing this. We need a good strong LEOP. If it does go down, and it will. Hopefully not on your watch, maybe it’s the next guy’s watch or whatever, but there will be an emergency. And having a good plan that’s been exercised and tested and your people are all trained like they’re supposed to be, they’ve taken advantage of the training

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offered at the state and federal level, you’re going to be in good shape. But these are some suggestions I have. And I really feel it’s absolutely important to keep this vertical chain of command through the political system, Mayor-Gov-Pres. Mayor-Gov-Pres, that’s the way this thing works. And I’m not trying to say anybody is not important in this. Everybody is important.

MAYOR MEYERS: Thank you.

MR. JENKINS: I think I probably used more than my five minutes.

MAYOR MEYERS: You did, because it was important.

MR. JENKINS: Thank you.

COUNCILMEMBER PFLUMM: Mr. Jenkins.

MR. JENKINS: Yes.

MAYOR MEYERS: Mr. Pflumm.

COUNCILMEMBER PFLUMM: Thank you for taking time to look over this thing here. And I just wanted to throw one thing out. Would you offer your, I guess expertise and stuff to work with our guys in the future?

MR. JENKINS: Sure.

COUNCILMEMBER PFLUMM: I mean, I don’t know what -- I saw this right before the meeting.

MR. JENKINS: I understand.

COUNCILMEMBER PFLUMM: And so --

MR. JENKINS: And I apologize for getting involved in this so late, but something happened to me on the personal side in the last year. For 15 months I had a one-year- old, a two-year-old, a five-year-old and a seven-year-old dumped on me. And I’m 65 years old with my 60-year-old wife that’s on disability. And I didn’t have time to even remember what day it was most of the time. And we’ve kind of got that thing settled a little bit I hope. And I have the time to focus back on the things that are important. And, yeah, if I could help in any way, I’d try to help you on it.

COUNCILMEMBER PFLUMM: Well, I was just going to ask if we could, I mean, we are -- I’m with my fellow Councilmember here. I think we’ve come a long way, but I don’t necessarily know that we’re there yet and you’ve got a lot of comments here. And I was

Page 22 DRAFT CITY COUNCIL MINUTES June 9, 2014

just wondering is there any way that we could -- if you’re willing to work with our guys and if our guys are willing to work with you, you know, what’s the possibility of delaying this and having them review this a couple more times?

MAYOR MEYERS: Well again, Mr. Pflumm, I don’t know that it’s the Council’s position to ask somebody to come on board and to be a part. But that would be something that, again, the City Manager and staff would be able to do if they felt that was the need or something to move forward with and do. But as far as a Councilmember themselves putting that forward and having that happen, that wouldn’t be our place.

COUNCILMEMBER PFLUMM: Well, I was just throwing that out there, because I think we’re blessed.

MR. JENKINS: And just to, if I could. A lot of this is -- it’s going to be a decision made by you guys how you want to do it, and I can’t tell you that. So, I offered up some suggestions and all, but it’s really your call. I’m not going to second-guess your call. But I thought, you know, time out. Can we look at this? Will you look at this, guys? I think there’s some issues here that need to be taken a second look. Think it over. Debate it, whatever. And what you want to do is going to be what we’re going to have. And once you decide that, if you’d like me to sit down with them and help craft it into the plan or whatever, I could do a freebie. I’m President of Permit Consultants, Emergency Management Consultants. And it’s my City, so I care about this City. So, yeah, I’d be happy to help these guys any way that I could.

MAYOR MEYERS: Thank you, Mr. Jenkins. Chief.

FIRE CHIEF MATTOX: One thing. I called Mr. Jenkins this afternoon to discuss this hoping to help with some of that. I think we both agreed to disagree on a few of these things. This is the ordinance adopting the act. This is not the plan. Mr. Jenkins referenced NIMS. You will get tired of the word NIMS if you read that 800-page plan. Trust me. It is front, middle and back. We operate under NIMS every day. That’s what we have to operate under. This plan is written under it. The plan, we didn’t reinvent the wheel. The plan came from our neighbors, the county, our neighboring cities. We’re doing the same thing they are. A couple other things he noted in here. I addressed the declaration thing. That’s by state statute, we’re following that. The purchasing. That’s already in our purchasing policy in the City. It states in the event of an emergency for the, I can’t recite it, but in the event of an emergency there are strict guidelines on when we can operate outside of that purchasing plan. I mean, it’s already in there. The Emergency Operations Plan then in turn would be once that’s enacted that purchasing policy would go into place and it has those guidelines already built into it. That criteria is there. A couple of these other things we talked about, and Mr. Jenkins also mentioned. Nowhere in the plan does it have the City Manager as the incident commander. That’s just not in there. A couple of other things. Here at the end he talks about making sure emergency phone numbers, e-mails, designated personnel -- anybody that saw the Old

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Shawnee Days Incident Action Plan, a two-day event with a 30-page action plan, how thorough that is. Trust me, that -- I keep saying 800 pages, because it’s higher than I can count. It is very thorough. It’s very up-to-date. And with any good plan, it will be reviewed constantly. It’s not something we’re going to get done, put on a shelf. Terry has done a great job establishing a rubric of everybody’s NIMS training and what’s required and where they’re at. We’ve made great progress in that. As most of you were probably a part of that and the new training you had to get. I think the plan is in great shape. We have made a lot, you know, several changes based on your comments. I’m very comfortable with the plan that we have now and will be ready to move forward. Because coming up we’re all going to have training and we have that -- we don’t have a date on the books, but we’ve started the ball rolling for that tabletop exercise. So, it’s coming.

MAYOR MEYERS: Thank you, Chief. I need to ask is there anyone else in the audience who would like to speak to this item at this time? Seeing none, further Council discussion? Ms. Distler.

COUNCILMEMBER DISTLER: Don’t leave, Chief.

MAYOR MEYERS: Chief.

COUNCILMEMBER DISTLER: Well actually, because I was good, too, because, you know, everything that was brought I know that I had discussed with Deputy Chief Scarpa and Terry Kegin, too. So, I was comfortable with all these things that they had been addressed. But the one, okay, two questions I guess that popped up when I was listening to Mr. Jenkins just now. One, because I know you guys train all the time on just, you know, everyday, day-to-day type stuff, but you will be implementing training as part of our plan, too, right? Or do you just tie that in with your day-to-day stuff or how will you be doing that?

FIRE CHIEF MATTOX: As far as?

COUNCILMEMBER DISTLER: Training for events, like catastrophic-type events.

FIRE CHIEF MATTOX: Right.

COUNCILMEMBER DISTLER: Would you like train with the Police Department?

FIRE CHIEF MATTOX: Oh absolutely.

COUNCILMEMBER DISTLER: Yeah.

FIRE CHIEF MATTOX: Yeah.

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COUNCILMEMBER DISTLER: Because like I said, I know you all do your training.

FIRE CHIEF MATTOX: Yeah. Right.

COUNCILMEMBER DISTLER: But I didn’t know if you would do --

FIRE CHIEF MATTOX: Well, the Emergency Operation Plan trainings would have the Fire Department would do theirs, Police would do theirs, then Police and Fire would do theirs together.

COUNCILMEMBER DISTLER: That’s what I was -- yeah.

FIRE CHIEF MATTOX: Then Public Works, Police and Fire would train. And then, you know, it would build. It would build to a point that all of you were involved as well as all City department representatives as well.

COUNCILMEMBER DISTLER: Okay.

FIRE CHIEF MATTOX: It’ll be a big training. And like Mr. Jenkins said, we will get that. We’ll complete it and we’ll all scratch our heads and go, we need to change this, need to change that.

COUNCILMEMBER DISTLER: Uh-huh.

FIRE CHIEF MATTOX: Which that plan should. It should change constantly.

COUNCILMEMBER DISTLER: Right. Right. And like I said, too, yeah, I mean, just listening to him after talking with -- I’m all the more confident that we do have the right thing now, because I feel like we have addressed everything that Mr. Jenkins brought up. But the other question that did hit me is, why isn’t our Emergency Manager mentioned anywhere? And is he mentioned in the big book? Okay. So, is there a --

FIRE CHIEF MATTOX: Yeah. He is throughout the big book.

COUNCILMEMBER DISTLER: Okay.

FIRE CHIEF MATTOX: You know, again, we struggle with putting an Emergency Operations Act into, you know, taking 800 pages and putting it into an ordinance that wasn’t 799 pages. We tried to address the big picture and refer everything back to that plan.

COUNCILMEMBER DISTLER: Okay. And I’m good with that. So you’re comfortable with the fact though that he’s not mentioned in the actual ordinance anywhere as somebody who should be somebody.

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FIRE CHIEF MATTOX: Trust me. You think the City Manager is going to be busy in one of those incidents? Yeah. Terry will.

COUNCILMEMBER DISTLER: No, I know. I know. But could there be any problems if he’s not mentioned I guess is what I’m asking. Could there ever be any kind of -- could there be a problem if he’s not mentioned in the actual ordinance?

FIRE CHIEF MATTOX: Not if we adopt the Emergency Operations Plan. He’s in there.

COUNCILMEMBER DISTLER: So, the plan is part of the ordinance? Is it like a package deal?

FIRE CHIEF MATTOX: The ordinance adopts the plan.

COUNCILMEMBER DISTLER: Okay. Okay. All right. Thank you.

MAYOR MEYERS: Mr. Kemmling.

COUNCILMEMBER KEMMLING: So, this seems somewhat contradictory to me, because we said in Point 5 here, during the state of a local emergency the City Manager may act to acquire property or services without the normal application. But you’re telling me that the way the purchasing manual goes right now it would actually be in accordance with.

FIRE CHIEF MATTOX: Well, I -- the purchasing manual gives the City Manager the latitude to operate in an emergency.

COUNCILMEMBER KEMMLING: So, then this should say that she has the ability to purchase within the provisions already outlined. Because this is -- what it says here is without the normal application. But we’re saying is that what’s already on the books gives her the ability to do it. I feel like we’ve got a double negative here.

FIRE CHIEF MATTOX: In an emergency.

COUNCILMEMBER KEMMLING: Right.

FIRE CHIEF MATTOX: So, this would have to be --

CITY MANAGER GONZALES: So, it wouldn’t be normal.

COUNCILMEMBER KEMMLING: Right. So, we already have with the purchasing manual that we already have, we already have a provision for an emergency.

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CITY MANAGER GONZALES: It could be stricken from this ordinance if that’s what you’re asking.

COUNCILMEMBER KEMMLING: Well, yeah. CITY MANAGER GONZALES: It is a little duplicative, but it’s not contradictory. They’re very consistent. And the purchasing manual actually sets out the criteria for what constitutes an emergency and then it provides for an accountability process back to the elected officials.

COUNCILMEMBER KEMMLING: I guess what I’m getting at is you’re saying that the manual says you have the ability to do it. This says you can go against what the manual has. I feel like that’s the opposite.

CITY MANAGER GONZALES: I don’t read it that way, but I suppose it could be.

COUNCILMEMBER KEMMLING: So, I see acquire property or services without the normal application of the City purchasing manual as being you don’t have to abide by the manual. But what we said --

CITY MANAGER GONZALES: But the title of the section in the purchasing manual is Emergency Purchasing.

COUNCILMEMBER KEMMLING: Right.

CITY MANAGER GONZALES: So, to me that is not part of the normal procedures set out in the purchasing manual.

COUNCILMEMBER KEMMLING: Right. But it is in the City purchasing manual?

CITY MANAGER GONZALES: There’s a provision titled “Emergency Purchases.”

COUNCILMEMBER KEMMLING: Within that manual?

CITY MANAGER GONZALES: Correct.

COUNCILMEMBER KEMMLING: So, I think that this should say “in accordance with the purchasing manual,” since you already have the ability to do it in there.

CITY MANAGER GONZALES: It could.

COUNCILMEMBER KEMMLING: My other question, Chief, I’m a little confused. I’ve heard the term Emergency Manager, Emergency Management Coordinator, Emergency Management Director. Tell me the difference between all these, and I don’t even know

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what the Council approved when we approved, I mean, these terms sound so similar to me.

FIRE CHIEF MATTOX: Well, and they’re titles.

COUNCILMEMBER KEMMLING: Uh-huh.

FIRE CHIEF MATTOX: The City Council approved an Emergency Management Coordinator which, and I don’t have his job description here. It’s basically to bring all this together and organize all this.

COUNCILMEMBER KEMMLING: Uh-huh.

FIRE CHIEF MATTOX: It is a support function. There is not an expectation in his job description that he become the incident commander or in charge. And if you read the LEOP, I mean, he is in support of -- he has a responsibility in everything. And I mean that’s what Terry’s job is.

COUNCILMEMBER KEMMLING: Right. So that brings up my second question for you then is that you said that in Mr. Jenkins’ letter where he says the City Manager is the incident commander, but that’s inaccurate. Where in this act does it say who the incident commander is?

FIRE CHIEF MATTOX: It doesn’t. It’s in the plan.

COUNCILMEMBER KEMMLING: Okay.

FIRE CHIEF MATTOX: The Emergency Operations Plan.

COUNCILMEMBER KEMMLING: So, we have to go to the plan to see who the incident commander is?

CITY MANAGER GONZALES: And it would vary from incident to incident, isn’t that correct?

FIRE CHIEF MATTOX: Right. I mean, it’s going to be -- it’ll be incident dependent. It could be myself. It could be Chief Larimore. It could be the Director of Public Works depending on the incident and what’s going on.

COUNCILMEMBER KEMMLING: Okay.

FIRE CHIEF MATTOX: It could change, I don’t want to say daily, but depending on what the operation is, the determination of who the incident commander would be, it changes.

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COUNCILMEMBER KEMMLING: Yeah. Thank you.

MAYOR MEYERS: Mr. Pflumm?

COUNCILMEMBER PFLUMM: I just wanted to throw out I don’t -- you mentioned that other cities, you know, we’re doing it similar to the way they do it and a lot of his comments are incorporated. And I think we probably do have a lot of these incorporated, but I don’t necessarily believe that maybe those other cities have someone that lives within their city that’s willing to contribute with the credentials that we have here. So, in the future I think it would be great if, you know, I don’t know if you guys -- I’m just throwing it out there. You know, I don’t know if he’s going to volunteer his time, you know, once a year, once a whatever. But beings we have him living in our city, we might want to run stuff by him every now and then, because he does have some credentials that are very positive.

FIRE CHIEF MATTOX: A great resource, which today was the first day I was made aware of that resource, so.

COUNCILMEMBER PFLUMM: Right. So, in the future that’s why, you know.

MAYOR MEYERS: Thank you. Any other Council discussion? We have a motion and a second on the floor. All in favor signify by aye.

COUNCILMEMBERS PFLUMM, NEIGHBOR, SAWYER, VAUGHT, MEYER, SANDIFER, DISTLER: Aye.

MAYOR MEYERS: Oppose no?

COUNCILMEMBER KEMMLING: No.

MAYOR MEYERS: Motion passes. (Motion passes 7-1). Thank you, Mr. Neighbor. I believe that was all of the items from the Committee Meeting?

Having passed, Ordinance No. 3091 was assigned.

COUNCILMEMBER NEIGHBOR: Yes, sir. That’s all we had.

MAYOR MEYERS: Thank you.

H. STAFF ITEMS

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1. CONSIDER A COOPERATIVE AGREEMENT RELATED TO THE APPLICATION AND EXPENDITURES FOR THE FISCAL YEAR 2014 BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT.

MAYOR MEYERS: Now, we’ll move to Item H, Staff Items. Consider a Cooperative Agreement Related to the Application and Expenditures for the Fiscal Year 2014 Byrne Memorial Justice Assistance Grant. The Department of Justice has announced funding available through the Edward Byrne Memorial Justice Assistance Grant, otherwise known as a JAG Program. Funds will be used to purchase a Professional Standards Investigation Software Application. Under the terms and conditions of the grant, Shawnee, Overland Park, Olathe and Johnson County are required to apply for this grant jointly and sign a Cooperative Agreement. Questions or comments from the Council? Seeing none, is there anyone from the audience that would like to speak to this item? Seeing none, I will accept a motion.

COUNCILMEMBER SAWYER: Mr. Mayor, I’d move that we authorize the Mayor to sign a Cooperative Agreement between the Board of County Commissioners of Johnson County, Kansas, and the cities of Olathe, Overland Park, and Shawnee involving the application and expenditures of the 2014 JAG funds.

COUNCILMEMBER SANDIFER: Second.

MAYOR MEYERS: A motion has been made and seconded on this item. Any further questions or comments? All in favor signify by saying aye.

COUNCILMEMBERS: Aye.

MAYOR MEYERS: Oppose no. Motion passes. (Motion passes 8-0)

2. CONSIDER FINAL PLANS FOR THE QUIVIRA DRIVE/PFLUMM ROAD PROJECT, JOHNSON DRIVE TO 47TH STREET, P.N. 3393.

MAYOR MEYERS: Item Number 2 is to Consider Final Plans for the Quivira Drive/Pflumm Road Project, Johnson Drive to 47th Street, P.N. 3393.

COUNCILMEMBER PFLUMM: Move for approval.

COUNCILMEMBER NEIGHBOR: Second.

MAYOR MEYERS: A motion has been made and seconded on this item. Any 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.

Page 30 DRAFT CITY COUNCIL MINUTES June 9, 2014

MAYOR MEYERS: Oppose no. Motion passes. (Motion passes 8-0)

3. CONSIDER BIDS AND AWARD CONTRACT FOR THE 2014 STORMWATER PIPE REHABILITATION PROJECTS, P.N. 3395-3397.

MAYOR MEYERS: Item Number 3 is Consider Bids and Award Contract for the 2014 Stormwater Pipe Rehabilitation Projects, P.N. 3395-3397. Bids were received on May 31, 2014. The Stormwater Pipe Projects include pipe repair, large diameter lining and small diameter lining. Staff recommends that the Governing Body award the bid for pipe repair to the low bidder Amino Brothers Company, Inc. Staff recommends awarding the bid for the Large Diameter Lining and Small Diameter Lining Projects to the low bidder Insituform Technologies USA, LLC.

a) Award the Base Bid for work included in Table 1 to Amino Brothers Company, Inc., Kansas City, KS for the 2014 Stormwater Pipe Repair Project, P.N. 3395, in the amount of $202,218.37.

MAYOR MEYERS: There is three actions that need to be taken on this. Item A would be to award the base bid for work included in Table 1 to Amino Brothers Company, Inc., Kansas City, KS for the 2014 Stormwater Pipe Repair Project, P.N. 3395, in the amount of $202,218.37.

COUNCILMEMBER PFLUMM: Move for approval.

COUNCILMEMBER NEIGHBOR: Second.

COUNCILMEMBERS: Aye.

MAYOR MEYERS: Oppose no. Motion passes. (Motion passes 8-0)

b) Award the Base Bid for work included in Table 2 to Insituform Technologies USA, LLC, Chesterfield, MO for the 2014 Stormwater Pipe - Large Diameter Lining, P.N. 3396, in the amount of $86,593.

MAYOR MEYERS: Item B would be to award the base bid for work included in Table 2 to Insituform Technologies USA, LLC, Chesterfield, MO for the 2014 Stormwater Pipe - Large Diameter Lining, P.N. 3396, in the amount of $86,593.

COUNCILMEMBER PFLUMM: Move for approval.

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COUNCILMEMBER NEIGHBOR: Second.

MAYOR MEYERS: A motion has been made and seconded on this item. Any further discussion from the Council? Mr. Pflumm?

COUNCILMEMBER PFLUMM: I believe it’s pronounced Insituform.

MAYOR MEYERS: Insituform. Thank you.

COUNCILMEMBER PFLUMM: You’re welcome.

MAYOR MEYERS: Insituform.

COUNCILMEMBER PFLUMM: It was coming up one more time or I wouldn’t have said anything.

MAYOR MEYERS: Thank you for the correction. 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: Oppose no. Motion passes. (Motion passes 8-0)

(Councilmember Pflumm steps out of meeting)

c) Award the Base Bid for work included in Table 3 to Insituform Technologies USA, LLC, Chesterfield, MO for the 2014 Stormwater Pipe – Small Diameter Lining, P.N. 3397, in the amount of $57,798.

MAYOR MEYERS: Item C. Award the base bid for work included in Table 3 to Insituform Technologies USA, LLC, Chesterfield, MO for the 2014 Stormwater Pipe – Small Diameter Lining, P.N. 3397, in the amount of $57,798.

COUNCILMEMBER SANDIFER: Move for approval.

COUNCILMEMBER VAUGHT: Second.

COUNCILMEMBERS: Aye.

Page 32 DRAFT CITY COUNCIL MINUTES June 9, 2014

MAYOR MEYERS: Oppose no. Motion passes. (Motion passes 7-0; Councilmember Pflumm not present for vote).

(Councilmember Pflumm returns to meeting)

I. MISCELLANEOUS ITEMS

1. RATIFY SEMI-MONTHLY CLAIM FOR JUNE 9, 2014, IN THE AMOUNT OF $2,575,657.77.

MAYOR MEYERS: We’ll move to Item I, Miscellaneous Items. Item Number 1 is to Ratify the Semi-Monthly Claim for June 9, 2014, in the Amount of $2,575,657.77.

COUNCILMEMBER VAUGHT: Move for approval.

COUNCILMEMBER PFLUMM: Second.

COUNCILMEMBERS: Aye.

MAYOR MEYERS: Oppose no. Motion passes. (Motion passes 8-0)

2. CONDUCT EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING A PERSONNEL MATTER (CITY MANAGER CONTRACT REVIEW).

a) Recess to Executive Session

MAYOR MEYERS: Item Number 2 would be to Conduct Executive Session for the Purpose of Discussing a Personnel Matter. This is the City Manager Contract Review. The first action needed would be to Recess to Executive Session for approximately, I think we’re saying 30 minutes for the purpose of discussing the City Manager's Contract.

COUNCILMEMBER VAUGHT: Move for approval.

COUNCILMEMBER NEIGHBOR: Second.

MAYOR MEYERS: A motion has been made and seconded on this item. Discussion? All in favor signify by saying aye.

Page 33 DRAFT CITY COUNCIL MINUTES June 9, 2014

COUNCILMEMBERS: Aye.

MAYOR MEYERS: Oppose no. (Motion passes 8-0.) We are recessed to an Executive Session.

(City Council Meeting Recessed to Executive Session from 8:41 p.m. to 9:31 p.m.)

b) Motion to Conclude Executive Session

MAYOR MEYERS: I need a motion to conclude Executive Session.

COUNCILMEMBER VAUGHT: So moved.

MAYOR MEYERS: Is there a second?

COUNCILMEMBER MEYER: Second.

MAYOR MEYERS: We have a motion and a second to conclude Executive Session. All in favor signify by saying aye.

COUNCILMEMBERS: Aye.

MAYOR MEYERS: Oppose no. Executive Session has been concluded.

c) Reconvene City Council Meeting

MAYOR MEYERS: Motion to reconvene the meeting.

COUNCILMEMBER SAWYER: So moved.

COUNCILMEMBER SANDIFER: Second.

MAYOR MEYERS: There’s a motion and a second to reconvene the meeting. All in favor signify by saying aye.

COUNCILMEMBERS: Aye.

MAYOR MEYERS: Oppose no. (Motion passes 8-0). We are reconvening the meeting.

d) Motion to Recess to Executive Session not to Exceed Twenty Minutes.

Page 34 DRAFT CITY COUNCIL MINUTES June 9, 2014

MAYOR MEYERS: I would like to ask that we be able to recess to Executive Session for an additional specified period of time of, I’m going to say 20 minutes.

COUNCILMEMBER VAUGHT: No, just say 30. We can come back early.

COUNCILMEMBER MEYER: But I think if we’re -- can you come back early?

CITY MANAGER GONZALES: Uh-huh.

COUNCILMEMBER VAUGHT: Yeah. You can.

COUNCILMEMBER PFLUMM: Twenty minutes.

MAYOR MEYERS: Yeah, you can come back early.

COUNCILMEMBER VAUGHT: Say 30. Say 30 minutes more.

COUNCILMEMBER PFLUMM: He said 20.

MAYOR MEYERS: I’m going to say 20 minutes for the purpose of again discussing the City Manager’s contract.

COUNCILMEMBER VAUGHT: Move to --

COUNCILMEMBER SAWYER: I would move that we recess to Executive Session not to exceed 20 minutes.

COUNCILMEMBER PFLUMM: Second.

MAYOR MEYERS: A motion has been made and seconded. All in favor signify by saying aye.

COUNCILMEMBERS: Aye.

MAYOR MEYERS: Oppose no. (Motion passes 8-0) Thank you.

(City Council Meeting Recessed to Executive Session from 9:32 p.m. to 9:54 p.m.)

e) Motion to Conclude Executive Session

MAYOR MEYERS: Can I have a motion to conclude the Executive Session?

COUNCILMEMBER PFLUMM: So moved.

Page 35 DRAFT CITY COUNCIL MINUTES June 9, 2014

COUNCILMEMBER NEIGHBOR: Second.

MAYOR MEYERS: A motion has been made and seconded to conclude the Executive Session. All in favor signify by saying aye.

COUNCILMEMBERS: Aye.

MAYOR MEYERS: Oppose no. (Motion passes 8-0)

f) Reconvene City Council Meeting

MAYOR MEYERS: Motion to reconvene the meeting.

COUNCILMEMBER VAUGHT: So moved.

COUNCILMEMBER NEIGHBOR: Second.

MAYOR MEYERS: We have a motion and a second to reconvene the meeting. All in favor signify by saying aye.

COUNCILMEMBERS: Aye.

MAYOR MEYERS: Oppose no. (Motion passes 8-0)

g) Motion to amend City Manager’s contract

COUNCILMEMBER SAWYER: Mr. Mayor.

MAYOR MEYERS: Mr. Sawyer.

COUNCILMEMBER SAWYER: I’d like to make a motion that we amend the City Manager’s contract and give her a 2.5 percent increase, and that would increase the base pay of the City Manager from 145,530 to 149,168. And then reallocate $5,000 to her salary from her deferred compensation, so that would make the new amount 154,160 I believe.

COUNCILMEMBER VAUGHT: Second.

MAYOR MEYERS: We have a motion and a second of increase. Everyone understands the motion on the floor. Discussion? Mr. Pflumm?

COUNCILMEMBER PFLUMM: Yeah. I just want to throw out that I can’t support the increase at that level. I would be able to support the increase at the 1.9 level, at the average of our City employees received.

Page 36 DRAFT CITY COUNCIL MINUTES June 9, 2014

MAYOR MEYERS: Any other Council discussion? Is there anyone from the audience that would like to speak to this item? Please come forward. If you’d state your name and address for the record, please.

MS. BREITENSTEIN: Sure. Marilyn Breitenstein, (Address Omitted).

MAYOR MEYERS: Thank you.

MS. BREITENSTEIN: I just came this evening, as I think a lot of people did, to show our support for Carol and the job that she’s done for us and the City of Shawnee. And I know I sent you an e-mail earlier today that expressed my thoughts in more detail. But I do believe that we owe Carol a debt of gratitude for the work that she’s done for us and the loyalty and the effort that she’s put into this City to make it one of the best cities in the metro area. And I realize that we’re looking at an average increase for the City employees, but I think you also have to look at the number of years there wasn’t an increase given to Carol, and the comparable salaries of other Class I city managers, when you’re looking at this. So, I as a resident, a citizen, a taxpayer in this City, former Council person, business owner in this City, would fully support this increase and future increases to get her salary at a comparable level. Thank you.

MAYOR MEYERS: Thank you.

COUNCILMEMBER SANDIFER: Thank you.

MAYOR MEYERS: Is there anyone else in the audience that would like to speak to this item? Seeing none, we have a motion and a second on the floor. All in favor signify by saying aye.

COUNCILMEMBERS NEIGHBOR, SAWYER, VAUGHT, MEYER, SANDIFER, DISTLER: Aye.

MAYOR MEYERS: Oppose no.

COUNCILMEMBERS PFLUMM, KEMMLING: No.

MAYOR MEYERS: Motion passes. (Motion passes 6-2)

3. MISCELLANEOUS COUNCIL ITEMS

MAYOR MEYERS: Item 3 is Miscellaneous Council Items. We’ll start with Mr. Sawyer.

COUNCILMEMBER SAWYER: Yeah. You said earlier that we would probably talk about Old Shawnee Days. For the first time in 16 years I had the opportunity to view

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Old Shawnee Days from a different seat. I volunteered a couple of different times for the Shawnee Rotary at the South Gate. And surprisingly, Friday evening I was there from six to nine. And it was unbelievable to me that in that three-hour time period I only saw one person that I knew. I talked to numerous people from Shawnee, young people with families. And I’m going to summarize on four of them. They asked me what the entertainment was, you know, where all the events were. One of them said, well, you sound like you might know where they’re at. And I said, well, I’ve been involved a few years so I pretty know where they’re at. But of the -- there’s four of them that on their way back out told me to thank the volunteers that help put this event on and they were very appreciative of the sponsors that help fund the event. So, it was gratifying to be in a different position, because it was quite enlightening on, you know, what you can find out wearing a different colored shirt.

MAYOR MEYERS: Thank you. Mr. Neighbor and then Mr. Sandifer.

COUNCILMEMBER NEIGHBOR: Yes. First of all, I would like to take this opportunity, a Shawnee couple today is celebrating their 73rd wedding anniversary, Art and Esther Croy. And with a little quick math that means they were married in 1941. That’s a long time. The other thing is the Committee Meeting on the 17th, we will be talking about ways to address the street maintenance issue. I would encourage everyone in the room and those of you also listening to check on the website. There is considerable information on there as far as the condition of the streets, what the issues are. And this is just a head’s up so that you can do your homework and hopefully you’ll come and visit and give us the input that we’re looking for to address this problem. Thank you.

MAYOR MEYERS: Thank you. Mr. Sandifer.

COUNCILMEMBER SANDIFER: On behalf of the Old Shawnee Days Society, I’m on the board, I would like to give thanks to the City, the staff, all departments, Police and Fire. This is a “we” deal in this Old Shawnee Days. And again, even with the mud and muck we had a lot of people. I bet -- what did we have, Kevin, probably 10,000 people at the concert, wasn’t there? This was amazing. And they loved it. It was probably one of our better concerts that we’ve ever had. This year we had -- CERTs were there this year, Citizen Emergency Response Team, handing out literature, making a showing. And I think it made a pretty big hit. There was a lot of people getting interested. Maybe we’ll have a bigger class on the next one. It’s just remarkable. And to watch everybody come out and make this thing happen. You know, we work on it. As Neal has said, he was on it for many, many years. And it takes a lot of people and a lot of money to put this thing together. And then Sunday night we have the opportunity to sit in the Town Hall and look back over this three days. Because during that three days a lot of times you don’t really have time to think too much, because it’s kind of a madhouse. And you just kind of get an oversight of all the happy people. And it’s just -- everybody comes up. There was a lot of people out on the parade route. It was just unbelievable. Even with the rain, they had their umbrellas. They had their ponchos and it was a very good

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year, wet or not. And I want to definitely thank everybody. We couldn’t do it without all the City support. Thank you.

MAYOR MEYERS: Mr. Pflumm?

COUNCILMEMBER PFLUMM: Yeah. Just to add to what Mr. Sandifer, Councilmember Sandifer just indicated there. There’s a lot of volunteers involved with that, too. I want to thank all those guys.

COUNCILMEMBER SANDIFER: Absolutely.

COUNCILMEMBER PFLUMM: And then we did have a couple of us different totally unrelated to Old Shawnee Days, we had a couple fatalities in Shawnee and just wanted everybody to pray for those individuals and their families. And I know they weren’t intentional or anything like that and they were just a sad deal all the way around. So, just keep them on your mind. Thank you.

MAYOR MEYERS: Any other Miscellaneous Council Items? Seeing none, I’ll accept a motion for adjournment.

J. ADJOURNMENT

1. Adjournment

COUNCILMEMBER SANDIFER: Motion to adjourn.

COUNCILMEMBER PFLUMM: Second.

MAYOR MEYERS: A motion has been moved and seconded to adjourn. All in favor signify by saying aye.

COUNCILMEMBERS: Aye.

MAYOR MEYERS: Oppose no. Motion passes. We’re adjourned. (Motion passes 8- 0)

(City Council Meeting Adjourned at 10:03 pm.)

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CERTIFICATE

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

/das June 17, 2014

Deborah A. Sweeney, Recording Secretary

APPROVED BY:

______

Stephen Powell, City Clerk

Page 1 DRAFT COUNCIL COMMITTEE MINUTES June 3, 2014

CITY OF SHAWNEE COUNCIL COMMITTEE MEETING MINUTES June 3, 2014 7:00 P.M.

Councilmembers Present Staff Present Councilmember Pflumm City Manager Gonzales Councilmember Neighbor Deputy City Manager Charlesworth Councilmember Sawyer Assistant City Manager Killen Councilmember Kemmling City Clerk Powell Councilmember Vaught Public Works Director Freyermuth Councilmember Meyer Planning Director Chaffee Councilmember Sandifer City Engineer Wesselschmidt Councilmember Distler Finance Director Rogers Assistant City Attorney Rainey Information Technology Director Bunting Parks and Recreation Director Holman Police Chief Larimore Fire Chief Mattox Deputy Police Chief Moser Police Major Hisel Stormwater Manager Gregory Assistant to the Public Works Director Gard Police Major Tennis Police Captain Larson Police Captain Andrews Police Captain Brim Sr. Accountant Oldham Communications Manager Ferguson

(Council Committee Meeting Called to Order at 7:00 p.m.)

A. ROLL CALL

COUNCILMEMBER NEIGHBOR: Good evening. Welcome to tonight’s Council Committee Meeting. My name is Jim Neighbor. I am a Councilmember from Ward I and Chairperson of this committee. Besides myself, the Committee members here tonight are Dan Pflumm, Ward I; Mike Kemmling, Ward II; Neal Sawyer, Ward II; Jeff Vaught, Ward III; Stephanie Meyer, Ward III; Mickey Sandifer, Ward IV; and Michelle Distler, Ward IV. I would ask at this time that you please silence your electronic devices.

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Also at this time I came across what I felt was a very interesting article in the Saturday morning Star written by Steve Paul. And I just want to share a little bit of it with you, because I think it’s pertinent and important to the job that we here on the Governing Body attempt to do every day to try to make Shawnee a better place to live. It’s called Let’s Follow the Path Towards a Vibrant City. I quote, “There’s a very thin line that stands between a stagnant city and one that feels vibrant. In a stagnant city, residents hold on to the past and value nostalgia. In a vibrant city, residents look forward to the future, preserve the best of the past and value the benefits that technological progress can bring. In a stagnant city, residents fear change; in a vibrant city, change that improves lives and civic processes is welcomed enthusiastically. People of a stagnant city tends towards selfishness, isolation and prioritize their own sense of well-being. People of a vibrant city tend to look outward, to celebrate community and to practice generosity. A stagnant city applauds mediocrity, avoids expressions of new ideas and lumbers towards obscurity. A vibrant city embraces innovation, cheers experimentation and projects an image of nimble, though mostly humble, self-confidence.”

Shawnee is a vibrant city. It is the responsibility of the Governing Body sitting here at the dais tonight to maintain that vibrancy, building on the foundation laid down by previous Governing Bodies and making the decisions and policies to deal with today’s issues. Equally important is to formulate and promote a vision of a very strong and vibrant future Shawnee. We all come from varying backgrounds and life experiences, but I’m confident that we all share the common vision to build a strong, vibrant Shawnee and will continue to work toward that vision in a civil and professional manner. Thank you.

B. ITEMS

1. BUDGET – SPECIAL FUND PRESENTATIONS

COUNCILMEMBER NEIGHBOR: That having been said, there is only one item on tonight’s agenda and that’s Budget Presentation - Special Funds. The budget meeting presentations tonight will begin with the two funds related to the Chamber of Commerce. And thank you very much for the Chamber Board Members for attending. Then move through small and simple funds to finish with a focus on the more complex and interrelated funds. This item is for information and discussion. We will pause for questions after each fund presentation. So please take notes and we’ll call for them. Now, Linda Leeper, President of the Chamber will begin the presentation. Linda.

SHAWNEE CHAMBER OF COMMERCE PRESENTATION

Shawnee Convention & Visitors Bureau

MS. LEEPER: Okay. Good evening, Council President and Councilmembers. Thanks for allowing us to come here. Each year we have an opportunity to come and talk to

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you a little bit about the Chamber and our two operating divisions and we certainly do appreciate that. Some of it is a similar format, but hopefully we will be able to answer some of your questions at the end if we haven’t answered them as we go through.

Keeping with the general format of our budgets this year, we’d like to share with you our Mission Statement. And that’s the Mission Statement of the Shawnee Chamber and that’s “To develop and enhance our community through dynamic business leadership.” Once again talk a little bit about the Shawnee Chamber of Commerce. The corporation is a 501(c)(6), and that’s a not-for-profit organization. The corporation is under the governance of the Board of Directors.

We have, as the Council President said, we have two contracts with the City of Shawnee. As you know, the first is the Shawnee Convention and Visitors’ Bureau. And by state statute and city ordinance, this provides for the Shawnee Tourism Committee. And that was established in 1999. The second contract is the Shawnee Economic Development or what we call our SEDC. And that governance is set out by bylaws, that were established and we operate within those bylaws since 1994.

On the Board of Directors, I do want to share with you our executive committee. And I will take the opportunity to introduce a few of our Chamber Board Directors and Committee members that are here tonight. We have quite a little section there. And so I’m very pleased to have their support tonight. The Board of Directors really has the authority and responsibility for the organization. They have the oversight of what we do. The business leaders represent for the best of the community and obviously for the business community of Shawnee and the community as a whole. On the exec committee, we actually have with us tonight our Chairman of the Board David Herndon and also we have Pam Cooper who is Treasurer. So, I’m going to ask that they would stand for a minute. So, thank you for coming tonight to support us. Also additional board members we have here tonight are Brian Brown, Tom Coffman, Mark Hembrey. And would you stand? Okay. Thank you for being here. The rest of the board members, as you can see on the slide here, encompass the City and also the school districts and they all sit on our Board of Directors.

5-Star Accredited Chamber. I really wanted to share with you just for a minute about the 5-Star accreditation from the U.S. Chamber of Commerce. And you probably say, so, big deal, what does that mean. Well, it does mean a lot. It really says that our organization in operations, finance, policy is benchmarked at the highest level that we can ever be as a chamber organization. Of the nine areas that they reviewed for work, we scored 90 percent or above and we have three perfect scores for governance, human relations and facilities. What does that mean? That puts us in the top one percent of the chambers in the nation. And we have a couple other friends that rank that high, and that’s Overland Park and Olathe in Kansas. And that’s the only three chambers in the State of Kansas that are 5-Star accredited. So, I guess I would just say to you we do absolutely the best job that we possibly can for the chamber as a whole

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and our two operating divisions. We were able to achieve that accreditation through support of our Board of Directors and staff and volunteers as we went through the process.

Our organization, Professional Staff. I know you’ve all seen organizational charts of each of the departments within the City. This is ours. We have added some professional designations on that chart. We’re not a big group, but we’re a pretty strong group, strong personality-wise and strong working. And we all do support our two contract divisions as a whole. So, there is a lot of support within that division. Tonight obviously you’re going to hear from Kevin Fern who is Executive Director of CVB, and you’re also going to hear from Andrew Nave. But in addition to that, Mary Taylor, who is our Senior Vice President of the Chamber is here. So, you may all know her, but I’m going to ask Mary to stand, too. So, she’s out there tonight. So thanks, Mary, for being here.

Each of the divisions within the two contracts have committees as we said. The committee here almost fit on the page, but the CVB committee is a full committee and we have several people that serve on that committee here tonight. Mark Hembrey is our CVB Chair and he also sits on our Board of Directors. And then JoLynn Brosnan is also here. And if you’ll stand as Chair and Vice-Chair of that committee. And then Robin Frazee also serves on that committee. So, did I miss anybody coming? So anyway, again, they’re here tonight to support us.

On the SEDC Committee, this is a group of people that invest private investment into the SEDC at various levels. And they then -- then they serve on the executive committee. And that committee is a group of people that feel very strongly about Shawnee and for the continuing growth and expansion of Shawnee. And on that, David Herndon serves on that committee as Chairman of the Board. And he could stand now and then he can stand for CVB. David Herndon serves as Chairman of the Board on all committees. But any committee we have, our Chairman of the Board serves on that. So, he has a busy schedule keeping up with us. Also serving on that CVB committee are the two City Councilmembers that are appointed by this Governing Body and that is Mickey Sandifer and Neal Sawyer. Both serve on that in addition to Park Director Neil Holman and the City Manager. So, we have a variety of people that serve on those committees. And hopefully I forgotten anyone. If I have, I’m sure Kevin and Andrew will pick them up.

As we look towards the budget requests and presentations today, wanted to just say a couple words about our operation, benefits and marketing. Chamber, the Chamber is really like a small business. We are like every small business out there. We have challenges with the benefits that we want to offer to our employees. Because we have a very small pool, it’s not a large pool, it’s a very small pool. And our health insurance goes up double digit figures each year, even though we change and everything else. Also the other costs do go up as related to the other benefits, you know, for our staff.

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In addition to that you know over the time period that operating expenses do go up slightly. We work really, really hard to keep those down. But you all know that to stay level doesn’t really happen in the business world. So, we also want to focus on marketing, because that really is our job is to market Shawnee, whether it be to developers, expansion or whether it be towards visitors coming to our community. So, that’s really important to us. So, with that said, I would like to have Kevin Fern come up, our Executive Director of CVB, and talk a little bit about our CVB program. Thank you.

MR. FERN: Thank you, Linda, and thank you, Mr. Chairman and Members of the Committee. Start with basically what our definition is. First of all, I want to also thank my chair, Mark and JoLynn and Robin for being here tonight as well as the other members of my committee who serve every year as a volunteer. It’s an exciting week in Shawnee with Old Shawnee Days. So, first of all, I want to thank everybody on the Council who has helped me with that through the year and looking forward to the week that we have with Old Shawnee Days, the biggest event we have of the year.

DMO is the Destination Marketing Organization and the Shawnee Convention and Visitors Bureau is the official DMO for the City of Shawnee, Kansas. Our strategic objectives, first and foremost, is increasing visitors to create a positive impact in tourism and the market segment of our economy. The hotel term, as JoLynn will tell you in there, that we say in the hotel business it’s heads and beds. That’s ultimately what we’re trying to do is fill our hotels. So, pretty much our total motivation is how to do that. We also try to build upon the community branding identity that we created a few years ago in order to create positive impressions with our visitors. Provide leadership in various state and regional tourism alliances. Maximize the potential of co-op marketing opportunities as a small CVB. I’m very involved in all of our co-op type things, the Kansas City Mutual Destination Alliance, Travel Industry of Kansas, all the type of organizations, because being a small CVB, we have to co-op in a lot of our marketing. But that’s really important in tourism, because the one thing I always say about tourism, with tourism there is no city lines, county lines or state lines. When people stay at our hotels in Shawnee, I always like to tell the story, I don’t think they’re probably calling their wife in Chicago and saying that they’re in Shawnee, Kansas. Mostly likely they’re saying they’re in Kansas City. So, I think that’s the kind of thing that we have to remember when we’re talking about tourism. I know when I’m in Chicago, I usually don’t ever say I’m from Shawnee, I say I’m from Kansas City. So, that’s the one of the things that we need to remember. We want to also be a point of contact for information of potential developers of new hotel properties. That’s obviously -- I work closely with Andrew whenever those potential things come up. I wish we had more, but it’s constantly something that we’re looking for, working with developers and trying to market our community as a good location for another hotel.

Accomplishments. The past year we fulfilled 358 direct mail requests for visitor and relocation packets, provided additional information and promotions for over 5,800 requests. Hosted the Midwest Championship of Senior Softball USA last July for the

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third consecutive year, and renewed that contract again for this year, which will be in July. And then assisted in the editorial production of the visitors guide section of the spring edition of Shawnee Magazine, which we’re very proud of, because we are a co- op with Sunflower Publications in producing a visitors’ guide that really costs us nothing and then we’re able to use that. And I think if you saw it, it turned out really well this year.

As many of you know, and a few of you has helped many times or some of you has helped sometimes, is hosted the Hospitality Tent at city and community events, all those events that are listed there. And Neal can tell you that if you don’t know, he’s the balloon king so to speak and a lot of those [INAUDIBLE]

COUNCILMEMBER VAUGHT: Neal, the balloon guy.

MR. FERN: He’s the balloon guy. So, hosted the Sixth Annual Shawnee Tourism Celebration with a luncheon in May. Always the first or second week I think it is in May. There’s a National Travel and Tourism Week and we’re encouraged to do whatever we can to promote tourism in our communities and we always do that in conjunction with the Chamber lunch and present the Good Starts Here award. And then leadership roles, roles that I’ve assumed. I was elected in the Tourism Conference in Topeka last October as the President-Elect of the Travel Industry Association in Kansas. And that means that in this October when we have our conference, the Kansas Tourism Conference in Manhattan, I will be elected president at that time. So, I’ll be in charge of that organization for the following year. And I was elected to my third term this year as the Treasurer of the Regional Destination Alliance that I mentioned and serve on that executive committee.

Projects. As we’ve done for several years, we’re produced most of our marketing materials in-house. When you say what is that, that’s like the local maps. JoLynn, you know, a lot of the tournaments she hosts, people we have in our hotels, that’s one of the main requests they give us is maps. How do you get to places, where are restaurants, where are things to go to, those kind of things. So, we do that in-house along with other things, promoting restaurants, any type of destination guides. As I mentioned before, the partnership with Sunflower Publications on the Shawnee Magazine, and we intend to renew that again for the 2015 issue. Website updates, that’s a constant challenge. I think as most things in web-based type things, everything is moving now towards the technology of being basically a responsive-design website. What does that mean? That means going to phones and having that type of technology and everything in tourism eventually will be that. So, we’re moving quickly in that direction. And then, of course, social media. Social media is where it’s at a lot of times with everything in tourism. And so we’re constantly trying to expand our reach in that area as well. We intend to continue to host and welcome the Hospitality Tent that we have at all the City and community events. Continue to provide the leadership for state and regional travel and tourism alliances. I will this, in a few weeks actually, I will be in Texas for a one-

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week pretty intense program. That will be my second year of a three-year program. And once the third year is completed, will be designated as a Certified Tourism Executive. And again, that’s about a one percent of the people in my positions in the country have that designation. And then work with a hotel management company currently that has begun finally the construction of the Holiday Inn Express and help them have a successful launch of the opening of that property later in the year. So, I think that’s basically all I have. If there’s any questions?

COUNCILMEMBER NEIGHBOR: Councilman Pflumm?

COUNCILMEMBER PFLUMM: I was just wondering if we have an idea of when that hotel is going to be opening up.

CITY MANAGER GONZALES: I’ll let Kevin answer that.

COUNCILMEMBER SAWYER: That’s the million dollar question.

MR. FERN: It is the million dollar question. I guess the best way to answer that is I have had many conversations with the Holiday Inn franchise people, and their intent is they expect that hotel to be open January 1st. That’s pretty much their absolute deadline. So that’s, you know, I’ve seen, in my experience in the hotel business, I’ve seen hotels go up in six months, so we’re getting pretty close to that. But they expect it to be open by -- and I probably, I don’t know that I should, but there is a penalty thing that kicks in if you don’t have it open by a certain date. So, I think that they will be very motivated. And that’s a penalty assessed by Holiday Inn.

COUNCILMEMBER NEIGHBOR: Okay. Michelle.

COUNCILMEMBER DISTLER: Since it’s been a year now, because I asked last year during your presentation, the road trip planner apps that I had asked about last year where people put in where they’re coming from, where they’re going to and it gives them all the places to stop along the way like the ball of twine and things like that --

MR. FERN: Right.

COUNCILMEMBER DISTLER: -- have we reached out to them yet or figured out how people get on those apps so that we can get Old Shawnee Town and stuff on there?

MR. FERN: Yeah. It’s everything, it’s like a lot of making decisions about marketing there. Mostly there’s a cost associated with this, a lot of the state things as well. Again, what we’re looking at trying to do with some of those things as the Regional Destination Alliance, especially for the smaller ones, I mean, places like Overland Park have the budget to do that, we just don’t. So, it’s one of the things that we are pushing real hard

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to try to do some of those type of applications for the Regional Destination Alliance so cities like us and maybe Merriam, some of those smaller cities --

COUNCILMEMBER DISTLER: So, they charge you --

MR. FERN: Yeah.

COUNCILMEMBER DISTLER: -- to add your places on there?

MR. FERN: Basically, yeah. I mean, some of the associations is always advertising with some type of a charge or somewhat for -- it’s usually a per click. And so it’s not going to be a whole lot, but it’s just having the budget to be able to do those kind of things.

COUNCILMEMBER DISTLER: I see.

MR. FERN: You know, we’re pretty limited.

COUNCILMEMBER DISTLER: I see. Thank you.

COUNCILMEMBER NEIGHBOR: Any more questions?

Fund 210 - Convention and Tourism Fund

CITY MANAGER GONZALES: Kevin has the pretty pictures, I have the numbers. So, I’m going to just walk through the fund. Let me grab my notes. Before I do that, I do just want to personally congratulate the Chamber publicly. I mean, that 5-Star Accreditation is absolutely amazing. And as a community and for the staff that they have, we should -- we are -- I personally am just so proud to be associated with the Chamber. It’s an amazing accomplishment. And Linda talked about it, but I wanted to make sure you all realize how huge it really is.

This is the fund forecast, the ten-year going out. Not a lot of things to highlight on this larger page other than we haven’t plugged in any new revenue for the new hotel. Until it opens, we’ll just wait and maybe, hopefully during 15-Revised/16 budget we’ll be ready to plug revenue in for that, but have not done that. We do try to keep in this fund balance about first quarter reserves. So, about a quarter of a year. You know, this is a fund that funds ongoing operations. So, it is good to keep a certain amount of reserves in that fund so that 85, 74, you see we try to target that at the bottom. Looking then at just the 14-Revised and ‘15 proposed, the contract for the Convention and Visitors Bureau, Linda mentioned some of their benefit challenges. It’s a four percent increase over 14-Revised. So, that’s what that 162 is. I did plug in a $5,000 increase for Old Shawnee Days. That’s something you all can talk about. I know last year and the year before it seemed like there were a lot of challenges with fund-raising. It hasn’t been

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increased since 2006, which is a long, long time, and we all know costs have gone up. So, that’s a recommendation that I plugged in for you. Wonderscope, there’s a letter in your packet. I plugged in 10,000. That seems to be what has been acceptable to the Council in the past. I know their request was for 40,000. And representatives from Wonderscope are here. And John Lowe, who I don’t know if many of you have met, is their Executive Director. And he would like just to say a few words about Wonderscope while we’re talking about it.

MR. LOWE: Chair, members of the Committee, I just want to introduce myself. I was hired at Wonderscope about six-seven months ago as their Chief Operating Officer. I was there to help them stabilize their operations and finances. And I’m here today to tell you that we’ve accomplished that. And I’ve just been recently appointed as the Executive Director and I’m here to tell you that our revenues are up 25 percent over the last six months. Our expenses are down. We’re starting to stabilize our operations. We’re drawing visitors to the community. And I want to introduce our Board President Jill Jolicoeur. But what I want to say is I’m new to the Shawnee area. I’m new to Wonderscope. We’re the only children’s museum in the Kansas City area. We draw probably 80 percent of our visitors from outside the Shawnee city limits. And so we want to continue that and make Shawnee a destination place for children museum activities. So, it’s a pleasure to introduce myself to you and I want to introduce our Board President.

COUNCILMEMBER NEIGHBOR: Thank you.

MS. JOLICOEUR: I just wanted to come tonight and thank all of you for the ongoing support you’ve given the museum. I am the Board President. I’ve been on the board for the past two years. I’ve been a member of Wonderscope for four years on behalf of my daughter who is four and a half. And the museum is very near and dear to my heart, because it means so much to my family and to a lot of families that patronize the museum each day. The funding that we get from the City of Shawnee is crucial to our budget. I’m full-time. I’m a budget analysis with Johnson County. So, when I look at your forecasts here and I see us plugged in that makes me feel really good. But I appreciate that you have a lot of obligations and there are a lot of requests for funding that the City has and that you choose to give us that $10,000, it means a lot to us. And as John mentioned, you know, we are trying to be a strong attractor of families to this community and to our amenity. Most recently this past Sunday, we had Grammy award winning children’s performance artist the Okee Dokee Brothers, which my daughter knows who they are. Lots of kids know who they are. And I talked to at least a handful of folks on Sunday at the museum that had come from Wichita, that had come from Topeka and some new families that had come from Kansas City and Prairie Village that had young children and they hadn’t been to the museum before, but they came, because we brought the Okee Dokee Brothers there. They’re based out of Minneapolis. They’re traveling all over the country. They have a brand new album. But we’re bringing artists like that here. But for us, those families wouldn’t be coming to Shawnee.

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I feel confident in saying we want to keep them coming here and I just want to thank you all for your support. And we’re always available if you all have any questions or want to sit down and talk to us and see the museum and hear what’s going on. We’re here to talk. Thank you.

COUNCILMEMBER PFLUMM: Thank you.

COUNCILMEMBER NEIGHBOR: Thank you.

CITY MANAGER GONZALES: Then the balance of the allocation is transferred to the General Fund to support Shawnee Town 1929. So, as you know the tourism tax that comes from the hotel tax has to be focused on tourism-related expenditures. So, that is the fund forecast for the Convention Tourism Fund. Any questions about it?

COUNCILMEMBER NEIGHBOR: Councilwoman Distler.

COUNCILMEMBER DISTLER: Before discussing increasing Old Shawnee Days though, can we see? I mean, we have no numbers of like where the money that we’re giving is going, what account balances there are, things that we just to say to increase it 5,000. But I don’t feel comfortable with that when I don’t know where any of the numbers are going.

CITY MANAGER GONZALES: Sure.

COUNCILMEMBER DISTLER: So, if I could see that.

CITY MANAGER GONZALES: We can -- I can put that on our list for June 17th wrap- up discussion. And I’m sure we can get a budget from them. You know, we do for Wonderscope, for Old Shawnee Days, for all the non-profits that we fund, we do obtain their 990(c)’s through the Secretary of State’s office. That information is in a binder in the Council conference room. They’re fascinating forms. I’m sure you’d like to comb through them. But we do obtain those, make sure that they are agencies in good standing. So, we do have those. But they aren’t specific budget documents.

COUNCILMEMBER DISTLER: Right. Right.

CITY MANAGER GONZALES: So, we’ll put that on our list to provide some of that information and we can have a little further discussion about it on June 17th.

COUNCILMEMBER DISTLER: Great. Thank you.

COUNCILMEMBER NEIGHBOR: Councilman Pflumm?

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COUNCILMEMBER PFLUMM: Yeah. And looking back in time, I mean, we originally funded Wonderscope, try and get them to really move here and all that kind of stuff, which was great. I think it’s been a great attraction for little kids and everything. And then I think actually Mr. Sandifer, Councilmember Sandifer and Sawyer had indicated that, you know, we wanted to kind of match that for Old Shawnee Days. But over the years, we’ve kind of increased Old Shawnee Days but we haven’t increased, you know, Wonderscope at all. And I was just kind of wondering if we’re going to increase it this year, maybe we should split that and give part of that Wonderscope. So anyway, that’s just a thought. Just a thought.

CITY MANAGER GONZALES: Yeah. And I can’t remember the history of which came first. And I mean, I know Wonderscope has been in Shawnee for a long, long time.

COUNCILMEMBER PFLUMM: Wonderscope came first and then -- actually Wonderscope asked us when we were doing the pool thing and then land and the whole thing and it’s been several years. And then I’m all -- Mickey probably remembers. I mean, he asked, I’m pretty sure it was you, had asked to, you know, basically if we’re going to do it for Wonderscope, we should do it for Old Shawnee Days and the Council went ahead with it. You know, but it’s gone the other way since then.

CITY MANAGER GONZALES: Why don’t we do some historical tracking of that?

COUNCILMEMBER PFLUMM: Perfect.

CITY MANAGER GONZALES: And include that with the information of the allocations over -- we’ll go back as far as we can find and bring that as part of the discussion on the 17th.

COUNCILMEMBER PFLUMM: No problem.

Shawnee Economic Development Council

CITY MANAGER GONZALES: Okay. At this time I’ll introduce Andrew, or I don’t need to introduce Andrew.

COUNCILMEMBER NEIGHBOR: Let me --

CITY MANAGER GONZALES: Yes.

COUNCILMEMBER NEIGHBOR: For members of the Committee, on the 17th, as Carol has indicated, there are a number of these questions like Michelle had and, Dan, you had, they got to do some digging to find the information that -- it’s being noted and that stuff will all be available for the 17th as we go through the whole evening, because some of it just -- we can’t get it that fast tonight. And besides --

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COUNCILMEMBER PFLUMM: No problem.

COUNCILMEMBER NEIGHBOR: -- there’s 108 slides here, so. Okay. Thank you. Excuse me, Andrew.

COUNCILMEMBER VAUGHT: You counted them before the meeting?

COUNCILMEMBER NEIGHBOR: Yes, I did.

COUNCILMEMBER PFLUMM: Fast forward on your slides, Andrew.

MR. NAVE: Not a problem. Members of the Committee, thank you for the opportunity. I stand before you pleased about the year we’ve had for economic development. Certainly any time there’s a lot of construction activity, which there certainly has been over the last year in the community, that’s encouraging. Certainly a lot of work still to be done. So, and that work follows our strategic objectives for the EDC, which begin with similar that we have updated over the last few years, but these are imbedded in the Chamber’s strategic plan to attract basic enterprises. Basic enterprises again are those employers, those industries that bring in new dollars into our economy. That’s kind of the primary focus that we’re looking at. And then retaining our existing employers and encouraging their expansion. So, about ten percent of our project activity last year and what we consider project engaging with a company or a client or real estate professional on a company considering creating jobs in the community, that’s what we consider a project. Ten percent of those were if in the community were existing industry that we work with. So, that was certainly a good sign. Promoting residential development, residential and commercial development. Obviously you’ll see quite a bit of activity there. Many of those real estate development projects you all have had the leading role in. Promoting and marketing Shawnee’s advantages. Just in the business environment it encompasses a lot of things. And then lastly, we provide value to our private sector EDC members, of which we have a total of 66 now. We added 11 new private EDC investors that are contributing to the funding of the economic development focus last year.

All of these objectives really drive our three-year strategic goals. A couple that’s more detail than you probably want, but probably the most salient point is our strategic goal, three-year rolling goal looks at job creation of 1,000 jobs over a three-year period and then a targeted goal of $35 million of new payroll into the community. I’m pleased to report from 2011 to 2013, aggregating all of the jobs from that three-year period, we were very close. We had 910 jobs that we assisted, bearing in mind always that we as EDC staff and as an organization, we don’t create any jobs. Business owners and companies are the job creators, but we assist in those projects. And $39 million in new payroll. So, we exceeded the payroll estimate. We also exceeded by a large margin our private membership growth which was 33 percent goal, which we exceeded to 40 percent.

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Some of the accomplishments you all know very well. And this is just a highlight of some of the activity from last year, but obviously the WestLink Business Center, our new 170,000 square foot spec building in Western Shawnee. We’ve very, very pleased with the leasing activity that’s going on there. Shawnee Parkway Plaza redevelopment where the Natural Grocers is open. Other construction activity is obviously well underway and openings will commence later this fall. Also very pleased about occupancy and leasing activity there. They’re getting very close to getting that property almost entirely leased up. Prairie Pines town homes you’re familiar with. And then some of the marketing we do, whether it’s real estate shows or industry shows, we travel the country to promote Shawnee to the development community, the site selection community. Those are folks that are advising companies on where to make investments. So, we were on the road more than 13 times last year.

Hosted EDC membership programs. Our next one of those is actually this July 9th. It’s probably our biggest program of the year. It’s our business appreciation ceremony where we make many awards and give recognition for investment in the community this last year. So, we hope you all can be available for that. Many of you were in attendance at our Nieman Business Park employee appreciation cookout event, that we’ve embedded that in part of our business retention and expansion strategy of not just recognizing and saying thank you to the companies, to the executives for being in Shawnee, but also thanking their employees, because we know that it’s so important to many of the companies in Shawnee is their workforce. So, we’ve done that for two years now and we had over 400 employees of the Nieman Business Park participate in that. So, that was very good. Implemented a new membership structure, which was quite a bit of work. We had a really engaged task force and a committee that worked on that. And then you can see that many of the companies, not all, but a few of the companies that helped create jobs in the community over the last year are highlighted there.

Projects for 2014. We kind of pull -- just again, this is just highlights from our action plan, but some of the larger activity for this coming year. One that probably should be a bullet point or should be the key bullet point is what we consider working our active projects. So, our opportunities of where a company is considering opening or expanding in the community. We have 26 active projects right now. If we were to land all 26 of those projects, which would be great but not likely, but if we land all 26, that’s over 1,800 jobs. So, we have a pretty steady pipeline of activity of companies considering the community at any given time. Again, many of these projects you’re familiar with. Resident job mailer is one that I’m really excited about and was just launched over the last couple weeks. This is part of our, again, our business retention and expansion program to where we come alongside our employers, particularly our new employers that we’ve helped kind of win to the community and say, hey, we’re going to help you promote your job openings. And so we did a targeted direct mail campaign to certain neighborhoods of Shawnee given a limited funding for the mailing. But had over 3,000 households receive a direct mail piece highlighting there’s 150 job

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openings in the City of Shawnee today. So, if you work in Liberty, you work in another community, that’s great, but know that there’s jobs in your back yard today. And so we distributed that piece. As of Monday this week we tracked out -- we have kind of a unique website where we’re able to track any activity for that job mailer. We had over 60 hits on that unique website of folks that are looking into those jobs. So, we’re very pleased about that. You can see Nieman Corridor, I-435 is an area of focus. Shawnee Crossings in the western part of the community with office development. You can see we are trying to focus the eastern part, central, western, all across the breadth of the community focusing development efforts. Again, some of those we’re going to have -- we don’t -- Perimeter Park and Nieman Business Park were two of our larger industrial parks. And so this year we’re probably going to split our employee appreciation event into a couple different areas, updating our website, looking at some entrepreneur events, so a lot of activity, a lot of things going on where we continue to update how we market the community. So, with that, I will I will stand for questions or thoughts on the program?

COUNCILMEMBER NEIGHBOR: Anyone have any questions for Mr. Nave? Okay. Carol.

MR. NAVE: Thank you.

Fund 217 - Economic Development Fund

CITY MANAGER GONZALES: Again, the big fund forecast, and I’ll jump to the more current stuff in the font that’s easier to read. But just one or two comments on the longer fund forecast. This is the year that the Deffenbaugh Impact Fee jumps a little bit. So, you’ll see an increase in that Miscellaneous Fees item in Budget ‘15. If you will remember or just to remind you from the original agreement that I believe that jumps every five years. So, we’re hitting that five-year mark almost already. And then, you know, as you move out and obviously the fund balance grows, we do have some place markers that I’ll talk about in the more current times. But obviously as we get out, we don’t have a project scheduled, because that’s the whole purpose of this fund is to have funds available when someone knocks on the door so that we can address those. And we’re just -- projecting out any much beyond ‘15 or ‘16 would be pure imagination on our part.

So, looking at the more current things, and I’ve got a slide to support each of these, except the design marketing in more detail. So, the Design/Marketing/Legal, the 50,000 is just the line item we’ve talked about before. We use that for marketing brochures, pieces, concept designs, calling an architect to do some renderings for a particular project we’re trying to attract. So, it’s been a great, great fund of money to have for those kind of products. We just didn’t -- weren’t able to do that in the past. The Economic Development contract, again, that’s a four percent increase from 14-Revised to ‘15. And then the other key change, and this is a recommendation that we developed

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for you all, that transfer to debt service. If you remember in the Debt Service Fund we have a delinquent special assessments on Silverheel that are now four years out I believe, and so have accumulated a balance. And as we showed that forecast the last few years we were anticipating at some point it’s going to go in the red if those don’t get paid. They have not been paid yet. So, in lieu of allowing the Debt Service to go in the red or trying to find another way to fund it through a mill levy increase, our recommendation is to make the Debt Service Fund whole in ‘15 with a transfer from the Economic Development Fund. There is balance and it’s available to do that. You know, we used a benefit district for that road project, because that benefit district tool, it was an economic development. It was a road we wanted to build to spur development. And unfortunately with the economy that hasn’t happened yet. So, our recommendation for ‘15 is to go ahead and make that transfer from Economic Development with the understanding that hopefully when those assessments are paid, when the property moves on, that we would reimburse the Economic Development Fund back. So, that’s a pretty big chunk of money in ‘15. I’m glad that it’s available in the Economic Development Fund, because really I don’t know where else we would find it. So, that’s our recommendation on that.

Going into those line items a little bit more, just the detail of what’s in those. These all should look familiar to you of SEED loans that you all approved throughout the course of the year, that some of them are paid over three years, some were paid up front, some were paid out over time. So, you’ll see those four, CMK, Source, Wesco and Mile Hi. We do have a large amount plugged in for future SEED loans, both in Revised-14. I know we’ve worked some of those 26 projects Andrew talked about, been real close on a couple of them and a couple of them had quite a few jobs. So, we’re hopeful that one of those will come through before the end of the year. In Budget ‘15 again, we’re hopeful for new companies, new jobs. Probably one of the reasons we’ve budgeted that so high is that the Perceptive building will become available next year and we certainly hope that we’ll fill that building with a lot of good paying new jobs. So, we’ve allocated a large amount aside for that. Down to the Miscellaneous line item, that 120,000 in Revised-14, that includes cost of right-of-way at 75th and K-7 that we’ve talked about and you should be seeing that soon on a Council agenda. And the grant for the Nieman Road, the match for the Nieman Road grant, the design more in detail, engineering plan for Nieman Road that we hope to hear about by the end of the summer. So, that’s what’s in that 120,000.

On the Product Development side, again, all of these should look familiar. You will see at the next Council Meeting the Estates of Highland Ridge, the action plan, the various items that we talked about several months ago at a Committee Meeting, so that’s the 215,000 that we would pay to the developer in advance to be reimbursed through the TDD over time. We’ve talked about the contract sewer district between Renner and Mauer and Shawnee Mission Parkway and Midland. Probably see that on June 23rd I’m hopeful, where the City would front the first ten percent of that sewer district to get it started. And then the Johnson County Wastewater, if approved by them, also would go

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ahead and start that sewer project and get sewer lines in that very key area. Third one is Westbrooke Village. Again, an item you all saw not too long ago. The contract related to the Westbrooke Village development. Then we do have some funds plugged in for infrastructure for EcoCommerce, water and sewer in ‘15. Again, a lot more discussion will happen before we would move forward with that, but that has been in the forecast. We’re still hoping to find a partner for that project before we move too far into it. Then there is two lines items that aren’t budgeted in ‘15, but if you look on your big forecast beginning in ‘16, we do have bond payments out of the Economic Development Fund for 43rd Street, which we’d had in the forecast last year also. And again, that would be related to EcoCommerce. A lot more discussion before we would move ahead with that, but it’s good to know that the funding is there if we choose to. And then if we get the grant and we do the Nieman Road design and actually want to do the construction beginning in ‘15 and debt finance it in ‘16, then there is funding, a placeholder for that funding for a bond payment for debt for a Nieman Road project if that’s something we choose to move ahead with. So, we’ve put those lines there even though there’s not funding in ‘15 for those. So, that’s the Economic Development Fund. Any questions, comments? Anything you’d like to look into further? Anything you disagree with, you want me to take about?

COUNCILMEMBER NEIGHBOR: Okay.

CITY MANAGER GONZALES: Okay.

COUNCILMEMBER NEIGHBOR: Let’s go.

CITY MANAGER GONZALES: Okay. That’s kind of the end of our Chamber stuff. So, I want to thank all these folks here and know that they -- so they don’t feel uncomfortable if they want to get up and leave now, or you’re welcome to stay.

Fund 205 – Special Narcotics

CITY MANAGER GONZALES: Okay. We’re going to roll into the other, and this is what Jim talked about, the simpler funds. So, I’m going to roll pretty fast on these. But as you -- if you have questions, please holler obviously.

Special Narcotics Fund. This is the drug tax fund. Difficult to predict revenues, but we do seem to consistently get some revenue for those. We use it to fund miscellaneous equipment especially needed for our tact team and some of our narcotics efforts. So, expenditures in this fund in ‘14 and ‘15 are additional replacements of some of our Tasers, ballistic vests, which if you’d like to know more about those, I’ll let one of these folks back here tell you about those. Some used cars that we use for undercover in some of our drug operations. So, that’s what it’s included in the ‘15 Proposed Police Operations Equipment. I’m just going to keep rolling unless I hear.

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Fund 207 – Special Park and Recreation Fund

Special Park and Rec Fund. This is the fund that you remember special alcohol tax. By state statute it has to be divided three ways. We get about 750,000 from that. And so a third of it can go into the General Fund, no restriction, just general operations. A third of it has to go towards drug and alcohol programming, which is the next fund we’ll go over. And a third of it has to go towards recreational ventures, projects, anything park and rec related. So, this is the fund we set up to account for that third. We have traditionally for the last I’d say five to seven years, used that fund primarily as our source of revenue for the Shawnee Town 1929 strategic plan. It’s been a great source of revenue for that. So, the liquor taxes, we did plug in a little bit of an increase in ‘15 and ‘16, just knowing that some of our -- got some new establishments like Saints. We have Johnny’s expanding and the trend has been a little bit up. So, we think maybe we’ll get an additional little increment of increase. I think Maureen talked about that when she talked about revenues. With the expenditures, but the Town, if you haven’t been down there lately, you know, if you get down there this weekend and see some of the progress that’s actually being made in the Town itself. So, those are the next two phases that we’re working on and even beyond ‘15. We do as much work as the budget allows in any given year. This fund is also used for debt payment on two prior parks that are getting kind of old parks. And actually the Stump Park debt payment ends in ‘16. So, that will be our last payment for that. So, those two are transfers into the Debt Service Fund. And then we’ve used this fund just to take a little load off the General Fund and for some -- just repairs, building maintenance of Shawnee Town facilities. Okay.

Fund 208 – Special Alcohol Abuse Fund

Special Alcohol Abuse Fund. So this is the drug and rehab programming fund. Same revenue numbers, same trends. We use this fund to fund our part of the school resource officers that are out in the high schools and the school resource officers. The schools actually fund about half of those salaries. Also you’ll see those contracts coming up pretty soon, too. We use that fund to fund part of our prosecutor’s legal assistant salary, because that person works a lot with the probation area in drug and alcohol-related cases. And then we use the remaining amounts through the Drug and Alcohol Council of Johnson County, which is housed in United Community Services. And it’s a board of appointed folks from every city in the county that participates. We have an appointment to that board, Marcy Knight. I know Marcy, she lives out in Western Shawnee. Happens to be the prosecutor for City of Lenexa. So, very versed and knowledge about these things. And she’s been a very active member in that group, which has been great. So, ongoing annually, they award grants to agencies that do drug and alcohol rehab programming. It’s a great system. Almost all the cities in Johnson County participate in that, because then we don’t all have to handle individual requests from those agencies as cities. And they vet them. They have very clear criteria about outcomes and review those annually. So, that is a $50,000 allocation.

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You might notice on the long-term forecast that our ‘14 Revised, was 130. And those of you that were here remember that. The bottom line there that we did -- we were getting a good fund balance in that fund and several other cities also were. So, the City of Shawnee, Leawood, Olathe and Overland Park put together a one-time lump sum of $400,000. And that Drug and Alcohol Council requested applications for capacity- building grants from the agencies that are funded through DAC. And there’s some tremendous things. I think that I sent you the report we got at the time after they’d awarded those grants. But we were able to help fund a lot of additional training, a lot of additional technology that helped build their capacity to do this kind of programming in Johnson County. We don’t anticipate doing that in ‘15. May happen again in a few years if we think that that’s a -- we have a fund balance and want to do that again. I know that the agencies were very pleased and it was great for DAC to take that on. So, that’s Special Alcohol. Any questions on it?

Fund 209 - Special Park and Recreation Land Use Fund

Special Park and Rec. This is the fund that the revenue comes from along with building permits. It’s a fee that people pay when they take out their building permit. The ordinance that established that many years talks about that that money should be used for developing parks, park and recreational amenities as the community grows. We haven’t actually spent any money from this fund since 2009, because consistent with the history of our building permit fees that dropped clear off. Prior to that it was really 2006 and we did use that funding to do the Splash Cove, part of the funding for Splash Cove and for Soetaert, the improvements to the Soetaert Pool. In 2009, that funding was used to, I think on Sister City Park. So, we haven’t allocated anything for quite some time. We have built up some fund balance. And so at last Council Meeting you saw in the packet that the additional amount for Erfurt Park, we would recommending would come out of this fund. We felt like it had enough fund balance to do that now and that was what you all approved at the last counsel. So, that 261,400 number is the number that was part of that packet.

Fund 212 - Cemetery Fund

Cemetery Fund, an easy one. We generate about $30,000 a year in revenue. We actually did a little better than that in 2013. We spend about $25,000 a year mowing and keeping it clean and trimming trees and so it -- so far it’s working out. We do have still room left in both in the columbarium and in grave spots. So, hopefully this cemetery will continue to support itself for quite some time.

Fund 215 - Neighborhood Revitalization Fund

Neighborhood Revitalization Fund. So, this is the fund we use for our downtown activities. And so it also -- then it is the fund that we use to account for the Neighborhood Revitalization Act programs, the 90 percent tax rebate in our downtown

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area. Remember ‘13 going to ‘14, we did change how we account for that. In ‘13 and prior, we had just netted out what we got back from the county and then what we paid out to the participants and then netted in the revenue. Maureen and I both, after we thought more about it and I think we talked about this last year also, we’d like to see the whole number come in and then see the number go out. So, it looks like there was some big increase in revenue, it really wasn’t the case in ‘14, but just a different method of accounting for it. So, in this fund are the, again, the rebates that come in or the revenue. And then the other -- we do get some sponsorships for downtown activities. And then the other transfer is from the General Fund. We talked about this a few weeks ago at a Council Meeting also, and that number has traditionally been $18,000. If you remember when Mr. Chaffee did his planning budget we had a little accounting error where the tree grates got charged to the General Fund in ‘13, so we’re reversing that with that 5,500 in Revised-14. And that’s why that transfer looks lower than it normally would. But for ‘15, we’re projecting that to go ahead. We do have several pending NRA’s that haven’t hit this yet. The HCA building there over where Yarborough’s was, that’s going up. That’ll be an NRA property. And then in Area B, we’ve just had one application, the Dunkin Donuts building. So, that’s our Area B property, so. And you see the tree grates in there. Tree grates are done. They look great. Good project. Nice to be able to have the fund to do that. The grants are also in this program or this fund. You can see we budget about $40,000 for those, bumping it down just a little bit based on experience for ‘15. Questions on that one?

Fund 218 - CID/TIF/TDD Fund

The acronym fund. This is the fund that we set up last year new to account for revenues coming in for our several TIF and CID projects. So, you’ll see on the revenue side the increments coming in; on the expenditure side, the reimbursements going out. The transfer to the Debt Service Fund is the TDD that revenue will come to the City and then we will transfer -- reimbursement. We sold the bonds, have the bonds and so -- actually getting ready to sell the bonds. So, then the transfer will come from this fund to the Debt Service Fund to pay for that debt. So, this is really kind of an accounting fund more than a budgeted fund, but.

Fund 214 - Public Safety Sales Tax Fund

Public Safety Sales Tax Fund. So, this is the fund that accounts for the 1/8th of a cent, Public Safety Sales Tax that was passed 2007, I think, to pay for the Justice Center and Fire Station 72, but also broader than that someday when we actually pay those buildings off. If you’ll remember last year in prior years, based on our sales tax projections, we were worried that this fund might not be able to support those bond payments. A couple things have happened, sales tax is a little bit better, so that helps. The other thing that really makes a bigger difference, and you see the green line, if you can see the color, the anticipated savings line, at your last Council Meeting, approved selling bonds, doing the refinancing for these bonds. Maureen, I’ll give Maureen a lot of

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credit for this, working with Springsted to push refinancing those bonds to see if we could get any kind of savings at all. And they figured out a way to do that. And so by doing that refinancing process, we were able to save that amount, which keeps this fund out of the red. So, good news. We’re proud of this fund this year. It looks good. And that’s the only expenditure out of this fund is the bond payments.

Fund 206 - Special Highway Fund

Okay. Special Highway Fund. Couple things of note on the big forecast, then I’m going to dig into this one for a little bit. This is the first year in I think five years, maybe four, that we have not made a transfer from this fund to the Debt Service Fund. So, we are pleased that we’re going to be able to get away from that, we think. We’re recommending we get away from that. So, that’s a difference that you’ll see in the budget 2015. We also, and we talked about this a little bit at the prior meeting, also the Stormwater Utility has traditionally done -- had a $217,000 transfer to do curbs and gutters as part of the street program. It was really -- the way it was initially set up and with good intent, but as we have moved forward and as we have tried to minimize those transfers, you know, we’re just kind of trading pockets. And as the Stormwater Utility Fund has gotten tighter and tighter and tighter, we really just don’t want to take any money out of it. And so we’ve eliminated that. That doesn’t mean curbs and gutters won’t get done, it just means it’s wrapped into our street maintenance program as it was before. And then we still are budgeting a $415,000 transfer from the General Fund to that fund. So, this is the short-term and shows the 2015 amount of money available for street maintenance, the 3,426,584 from the Special Highway Fund, which is our only City source of funding.

As you look then at 2015 street maintenance program, and we’ll again, of course in March of next year, Mark will be -- Sherfy to do a formal program recommendation. But based on the budget as it is today and the projects that we know that are coming, I think this is a pretty good summary of what it will look like. And then in 2015, we’ll actually spend $4.8 million on streets once you combine in the outside funding for the projects. So, that’s a good amount. We all know that it’s not the 6.9 amount that we had talked about. And you’ve seen this slide before. If not once, probably twice or three times. The average pavement condition and the trend of that. If we had additional funding up to the 6.8-6.9, the percentage of pavement rated poor or below that currently it’s 12.3 percent. And if we tried to fix everything today, it would cost us 39 million. As you can see if we continue with that current finding, by 2020, that’ll be a $54 million liability. We’ll have 33 percent, a third of our streets rated poor or below. I know this is a story you’ve heard before. As we talked about the sales tax, we talked about coming back during the budget then and reviewing it to determine if we wanted to do anything in the near future to address this concern.

This is the slide, again, it’s been updated for ‘14 numbers. But again, shows the trend by 2020 if the funding plan stays the same. And then if we were able to add an 1/8th

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cent sales or a 2/8th cent sales tax that we could move more and more of those streets, keep them or move them to a fair condition. Again, a slide you’ve seen before, updated a little bit. So, this is the amount we need to do every year, almost $7 million of street maintenance. These are the forecasted funding available and the gap. These numbers don’t take into account the outside funding which in ‘15 were actually getting quite a bit of outside funding. But over time we average that at about a half of a million. So, the 2.8 million is that continued gap that we just have still. And as we’ve gone through the budget process, I don’t know where to get it. There’s no other funding source for it. So, I wanted to bring that picture again to you. I know you’re probably as tired of seeing it as I am. But if we could do the 2/8th cent, this is a funding projection that would show we’d get to 5.9, which would be getting closer to that 6.9 number.

So, my question tonight, do you want to talk about this issue more on the 17th and make a decision about whether a November ballot is something we want to look at? Do you have direction for us tonight on that? Do we want to just put it off for a later time of discussion? The deadline, I would add, the deadline to get it on the November ballot, which again you’ve seen this before, but we’d need to have an ordinance passed by -- July 28th would be the last meeting we could pass that.

COUNCILMEMBER NEIGHBOR: Councilman Vaught?

COUNCILMEMBER VAUGHT: I want to go back to the position I had before. I don’t think 2/8th is enough, and I think we’re playing with fire here. I mean, you know, we’re elected to make sure that our city is properly funded, maintained and we adequately fund infrastructure. That’s our job. And the numbers don’t lie, we can look at this. Unless somebody has an ultimate solution that we can bring forward here that says we can get away with 1/8th or 2/8th and we’ll pull this money from someplace else, 2/8th isn’t enough. We’re still slipping backwards. And this isn’t a Ward I, Ward II, Ward III, Ward IV issue. We have road issues across this entire city. And between that and bridges, you cannot ignore infrastructure. It will be disastrous in Shawnee if we do that. You know, when the recession started, and that was prior to me being on this Council, decision was made to cut road maintenance funding. And I think anybody that made that decision should have known that there are no free rides. Sooner or later that’s going to have to be paid back. And that time has come. And unfortunately this recession lasted longer than anybody wanted. But we have a situation with streets. And it’s real easy to do the popular thing and go out and say, well, I only supported a 1/8th, I only supported 2/8th. It’s an injustice to the residents of Shawnee. They expect us to tell them what needs to be done. They expect us to tell them the revenue that’s needed to solve the problem and not what the popular thing is with a certain segment of the population who is adamantly opposed to any sort of tax increase. Nobody likes paying taxes. Nobody likes tax increases. But this is an issue that we’ve got to get our arms around and I think we’re just kicking the can down the street if we don’t step up and do what needs to be done. And I’m going back to what I said before, 2/8th, it’s not enough. I think we’re wasting our time and we’re going to be in that same position. You

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know, if I could vote to put a half cent on there I would do it so that we can -- I’d rather frontload it. I mean, if we want to talk about something, let’s front load the sales tax. Let’s look at a bigger number, because the problem is we’re not getting ahead of the game. So, we could pass a 2/8th. We could even pass a 3/8th and it’s just enough money to inch it along and get caught up over a period of years. So, why don’t we talk about front loading a sales tax, spend a whole lot of money in a few years and then taper it back and then sunset it down to nothing so that we can get ahead of the game in a few years instead of just watching our streets decay. To me it’s not fair to the residents of Shawnee. It’s a beautiful community. We have beautiful parks. We have a lot of great things happening and there’s literally roads in these neighborhoods that’s inexcusable for somebody to be living in a 2-3, $400,000 house, any level house as far as that goes. I mean, I don’t care if it’s an $80,000 house. It’s inexcusable for somebody to be driving on some of the streets they’re driving on. And it’s our responsibility to figure that out. And, you know, if someone has a better solution, please come forward and tell us. Tell us where the money can come from, because I don’t see it. And I think we need to get our head around this.

COUNCILMEMBER NEIGHBOR: Anybody else have a comment? I would like to suggest -- a lot of information of particularly those sheets again. I would like to just submit to have this come back on the 17th, because that will give us all a chance to go back I believe and review them and digest the information and maybe start thinking out of the box and what might be a viable alternative or come up with something. Ms. Distler?

COUNCILMEMBER DISTLER: I don’t know if I’ve ever seen this or how it would even work, if it’s even possible, but since the surveys were telling us a 2/8th cent wouldn’t pass. Well, if it doesn’t pass, we have nothing, zero, zilch, nothing. Is there a way to put both the 1/8th and the 2/8th on the ballot and see which one passes? So that at least if the 1/8th ballot passes, we don’t have to -- like I said, I don’t know that I’ve ever seen anything like that. I don’t know how it would worked.

CITY MANAGER GONZALES: What if they passed?

COUNCILMEMBER DISTLER: Well, yeah. I didn’t think about that, what if they both passed?

(Inaudible; talking over one another)

COUNCILMEMBER DISTLER: But I didn’t know if there was a way it could be structured or because again, I’m of the fear of having nothing. And I mean people were pretty verbal that they would support the 1/8th, they were not that they would support 2/8th.

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CITY MANAGER GONZALES: And I would say, please keep in mind that polling was done prior to any education effort. It was to get a baseline. And the intent, as we’ve talked about, would be if the issue was placed on a November ballot or on any ballot in the future, I mean, we would begin a very concerted education program to help people to understand what the issue is and the problems. So, that was really just a baseline. I don’t specifically know the answer to your question whether that could be done that way or not, we could look into that.

COUNCILMEMBER DISTLER: I don’t know how you would structure it at all. I’m just throwing it out there, because it would be great if we could do both and see which one -- find a way to [INAUDIBLE]

CITY MANAGER GONZALES: Yeah. I guess the other concern I would have is that, and as Councilmember Vaught just said, we really need more than 2/8th. So, are we misleading the public by only putting an 1/8th on? I don’t know. I just -- there’s a lot need there and we need to be, I believe transparent with the public about what that need is.

COUNCILMEMBER NEIGHBOR: Councilman Pflumm?

COUNCILMEMBER PFLUMM: Yeah. I think we should -- nobody is really prepared to discuss exactly what they really want here tonight. So, if we look into this on the 17th and then also, you know, what really happened to our roads budget and what year was it, I think it was in the 2008 budget when we took three million out. But if we could bring that --

CITY MANAGER GONZALES: Sure. Yeah. That would be a good history.

COUNCILMEMBER PFLUMM: You know, because that happened in 2007, long before, a year and a half before any recession hit or anything like that. So, we just need to know all that if we’re going to talk about it. So, if we could bring that ahead.

CITY MANAGER GONZALES: We can do that history. I’m sure we’ve done versions of that before, but I don’t know if we’ve gone clear back. Because I do think, yes, we cut it drastically. I mean, we flat out didn’t do anything for at least a year or two. But prior to that I don’t believe it was ever fully funded even many years historical. I don’t know quite how we would get what that number would or should have been, but we could certainly get the amounts of what was funded.

COUNCILMEMBER PFLUMM: Well, we can just look at what we had in 2008, because I think that’s the year.

CITY MANAGER GONZALES: We can sure go back.

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COUNCILMEMBER PFLUMM: And I think we cut it to zero from three million or something. And I’m not saying it was fully funded or anything like that before that.

CITY MANAGER GONZALES: Right.

COUNCILMEMBER PFLUMM: But I’m just saying we cut it drastically.

CITY MANAGER GONZALES: And I will ask you in the next two weeks before we talk about that again. If you will go out to our web page, every presentation we’ve ever done on street maintenance is out there. You can go in, you can check your street, see what your pavement condition is. There’s a wealth of information out there. So, on the very front of the home page, this is where we’ve been referring people when we get calls, which we get calls frequently about the conditions of people’s streets. But there’s a whole ton of information out there. And if you, as opposed to us putting all that in the packet again, if you could use that website as a resource and then we’ll try and consolidate some of this more pertinent stuff for the packet.

COUNCILMEMBER NEIGHBOR: Councilman Vaught.

COUNCILMEMBER VAUGHT: I want to kind of circle back around to what Carol said, and that’s very correct. Without education, you know, the poll was done with zero education. And, you know, if my phone rang and someone asked me would I support this, this or this, you know, I’m not going to support any tax increase until I understand what it is. Just something for everybody to think about. The sales tax, 40 percent of that money comes from people outside of Shawnee that drive on our roads. If we go to the public and we only ask for a two-cent and it doesn’t adequately -- or 2/8th of a cent and it doesn’t adequately fund it, and two years later we’re looking at a mill levy increase, because as Councilmembers, we have to take care of our infrastructure. So, if it gets to the point where we have to look a mill levy increase that’s a hundred percent paid for by Shawnee residents, because we didn’t tell them what needed to be done and we didn’t go out and educate them, that’s a far worse position to be in. And that’s what we’re going to be faced with. We have got to properly address this. Staff is not lying to us about the numbers. This is reality. We know what stuff costs. You know, Olathe -- who just passed -- Olathe just passed --

CITY MANAGER GONZALES: Three-eighths of a cent.

COUNCILMEMBER VAUGHT: Three-eighths of a cent. I mean, I don’t think Olathe residents like paying taxes more than Shawnee ones do. I think we’re all pretty much equally-minded Johnson County residents. So, if Olathe can do it, I’m pretty sure we can get our head around this and do the same thing. They educated the public. They said here is where we’re at. Olathe same thing. They have a tremendous amount of people that drive in from outside the area buying goods that pay for their streets. If we don’t step -- we only get one shot at this. If we pass a 2/8th and it’s not enough, we

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can’t go and do another sales tax, it’s going to be tough. It’s going to be impossible. We have one opportunity. We really need to look at this. You know, I know I’m going to get hammered on this, because everything thinks, oh, Vaught is up there preaching to raise taxes. No. I’m trying to make sure that we can generate as much revenue from outside this community to take care of our streets as possible without having to look at a mill levy increase to do it. And if anybody can’t see that, then you just need to sit down with somebody in staff and go through it again, because it’s right there in front of us.

COUNCILMEMBER NEIGHBOR: Okay.

CITY MANAGER GONZALES: Okay. Good direction. Thank you.

Fund 213 - Stormwater Fund

COUNCILMEMBER NEIGHBOR: Stormwater.

CITY MANAGER GONZALES: Stormwater Fund. Same story, different topic. Stormwater Utility Fee -- Stormwater Fund is the fund used to track the Stormwater Utility Fee. It generates about $1.7 million a year. And through that we fund ongoing maintenance and maintenance projects. We didn’t put the long-term forecast, but you’ve got a copy of it in your packet. It just had so many numbers, we didn’t -- we thought we’d consolidate it for the purpose of this slide. But the only few things of note here I’ve talked about. The elimination of the $217,000 transfer. The other change to this fund we talked about with the General Fund that we had moved a position from Development Services from the General Fund into the Stormwater Utility when the budget got very tight. We are wanting to move that back to General Fund this year. I mean, things aren’t that great in the General Fund, but we’d like to free up as much funding in the Stormwater Utility Fund. As you can see, if you do look at your big forecast with all the numbers, as that goes out and that line item for capital land improvement, you can see that over the next few years that gets to almost zero. The fund isn’t enough to cover more than just the maintenance, which means those pipe repair projects that we’ve been bringing to you, that we have many, that there won’t be funding to do those. Which gets again to the slide you’ve seen before. And Mike Gregory has talked about the different cycles of repair. Our plan actually talks about a ten-year cycle of repair being desirable. That was the original plan passed by the Council, I think back in 2005. There’s absolutely -- I just can’t imagine that we could fund that. The 45-year, if you flip to that next slide, we are even beyond that, at 45-plus with our current funding. We think a reasonable goal would be to try to get to the 22- year repair cycle. Our current EDU fee that funds this is $36 a year per household. And then that unit is multiplied based on impermeable square footage for businesses, commercial uses. So, they pay a much higher amount depending on the size of their parking lots and the size of their buildings. But per residence, it’s a $36 fee on their property tax bill. Let’s get back to that other slide. As you can see moving forward, again, that unfunded amount for the future maintenance of this infrastructure is an issue

Page 26 DRAFT COUNCIL COMMITTEE MINUTES June 3, 2014

we’ve talked about the past three years. And the funding just isn’t there. I did ask Mike to put together the EDUs that other cities that have stormwater utilities have. Ours is on the low end. Many of these cities like us have other funding sources for stormwater things. Overland Park actually dedicates I think almost a mill in addition to their stormwater utility fee to stormwater. We, of course, have our Pipes sales tax which we haven’t traditionally used for maintenance, but could be. It’s a stormwater revenue source. Lenexa has several different revenue sources for their stormwater program. So, this is almost as big a crisis as streets. I know we’ve talked about it for the last two or three years. I don’t have a recommendation for this budget year, this next year unless you all want to look at something. We absolutely need it. But it is absolutely something we’re going to have to deal with right behind streets. It’s just, as you all know, we’ve started to have pipes crumbling that we -- and had to make emergency repairs. And the funding just isn’t going to be available to continue to do that. We need to have proactive maintenance going on.

Fund 211 - Parks and Pipes Fund

Parks and Pipes Fund. We show that fund ending in ‘15. For purposes of the forecast, the projects are laid out there and then 14-Revised and ‘15 projects are more clear in your -- the next slide. The Parks folks shows the Erfurt. And then the projects that we are recommending for ’15, to upgrade the lights at West Flanders. As you all know a couple of years ago we tried to be green. We tried to save some money by doing the LED and the nice lights at Flanders. Unfortunately the vandals have made that impossible. It’s really sad. But we need to have lighting fixtures that aren’t quite so breakable. So, we’d like to use Parks and Pipes in this year to move ahead with the replacement of those lights at West Flanders. We’d like to upgrade the playgrounds. These are older parks that -- West Flanders and Herman Laird especially. Garrett, believe or not, is probably hitting eight or nine, ten years. Upgrades in the playgrounds there. And then we’ve applied for a grant, Transportation Alternative Projects grant to complete three different trail connections. We have a couple of trails that there’s just a gap to finish out the trail, two, in the Clear Creek system and one in Gum Springs Park. So, if we get that grant, then this 200,000 would be our match for that to complete those trail systems. And that leaves 266,000 at the end of, based on projections, of ‘15 of unallocated funds. At this point we’d just like to leave it that way. We do have, and you have seen these slides before. If Parks and Pipes passes, these are just a list of a variety of projects that are out there that we’ve talked about, planned for, been asked about for the future. And certainly we couldn’t do all of these things, but it’s a good list to show that if that Parks and Pipes sales tax passes, it will be put to very good use for the future park development in Shawnee.

On the Pipes side, the next slide shows our ‘14 projects, most of which you’ve seen something about those in the agenda packets recently as we’ve been doing plans and vetting bids. I will say that we’ve been disappointed, but not surprised that our bids are starting to come in higher. You know, we got some really nice bids for a while and now

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it is just less competitive and more expensive. So, we’re trying to build that into our projections. The 59th and Caenen, 60th Terrace and Earnshaw, 60th and Barton, 59th Terrace, those are the projects that are SMAC projects planned for ‘15. And if we do all of those, then we’ll have an unallocated fund balance of about $857,000 at the end of the ‘15 Parks and Pipes sales tax. Similar to Parks, we have a list of, these are just examples of projects that are critical. Some of them are Parks and Pipes or SMAC eligible. Some of these are just pipe repair using the Pipes money actually just for some maintenance that’s much needed. So again, if the Parks and Pipes sales tax passes, which hopefully it will, there are plenty of needs out there for that sales tax funding.

COUNCILMEMBER NEIGHBOR: Ms. Distler.

COUNCILMEMBER DISTLER: The 200,000 on the West Flanders light upgrades.

CITY MANAGER GONZALES: Uh-huh.

COUNCILMEMBER DISTLER: Is that just the housing or what, or the whole pole or what is it?

CITY MANAGER GONZALES: I’ll let Mr. Holman talk about that.

MR. HOLMAN: Neil Holman, Parks and Recreation Director. That will be the lights like at Listowel. That will be the electrical wiring, the poles like out on the --

COUNCILMEMBER DISTLER: Oh, the tall pole?

MR. HOLMAN: -- the tall poles. The whole unit.

COUNCILMEMBER DISTLER: So, the whole -- the entire unit?

MR. HOLMAN: Yes.

COUNCILMEMBER DISTLER: So, can we relocate those to another park or are we just throwing them away? Or what are we doing with the ones that the vandals have been -- are there -- they’re just --

MR. HOLMAN: We’ll probably just scrap them. I mean, the batteries aren’t keeping up. The lighting, it’s less than a foot candle. I mean, it’s just not -- I mean, we can sell them on Purple Wave.

COUNCILMEMBER DISTLER: So, the technology in and of itself is no good?

MR. HOLMAN: Yeah.

Page 28 DRAFT COUNCIL COMMITTEE MINUTES June 3, 2014

COUNCILMEMBER DISTLER: Okay. Thank you.

MR. HOLMAN: So, they’re just not -- it was a good thought, but they’re just not working out on lighting or vandal resistant.

COUNCILMEMBER DISTLER: Okay. Thank you.

Fund 216 - Equipment and Facility Reserve Fund

CITY MANAGER GONZALES: Equipment and Facility Reserve Fund. And I would say that this is the last fund I’m going to present and then Maureen is going to start so that after this fund might be a good time to take a little intermission if you would like, if the Chair would like to do that.

COUNCILMEMBER NEIGHBOR: We’ll take it.

CITY MANAGER GONZALES: Equipment and Facility Reserve Fund. So, if you all remember this is a new fund we set up maybe four years ago now with the idea in mind that if we plan our replacements and plan our maintenance, which we had done some of, but we have spent the last few years really formalizing and doing a really good job of planning for future replacements and maintenance of roofs and HVAC and all the structures that we need to take care of. And the hope was to be able to have annual allocations from the General Fund to transfer into this reserve fund that were relatively flat so that when we had a big expenditure we had accumulated enough funding in the fund to do that. So, we have not been able to fund this fund the way we would like to in the past. Our budget this year shows a larger -- our recommended budget shows larger transfers. Again, it’s one of those things -- it’s just part of our operating costs. We have to fund it. We can’t do our business without trucks, without buildings that have good roofs and we have an obligation to take care of those. So, we are showing the transfers in the General Fund that would not quite fully fund, but certainly go a long ways towards making this fund a better tool for us. One new part of the fund, this fund this year, we’ve spent a lot of time the last two years getting organized with our technology and the expenditures. And Mel Bunting sends several presentations to show hardware plan and software plans for the future. And as we all know the software costs to buy new packages gets kind of unbelievable amounts of funding. So, we think that injecting that technology into this Equipment and Facility reserve as part -- as an equipment cost, it makes total sense. Again, then we have a flat amount of money that we’re accumulating and spending over time, but it gives us the ability to when time comes to replace a finance package, that we don’t have to figure out how to absorb a big spike in one year. So, that’s part of our recommendation this year is to make a transfer to begin that replacement program for IT. So, the projected expenditures, and again we’re not fully funding, but these are the things that have come up in our replacement schedule. And as always, when they come up at the beginning of the year, we look at the equipment, does it really need to be replaced. Is there something that needs to be

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replaced worse that we didn’t plan on that’s turned out to be not functioning well, but having that reserve fund gives us some flexibility to do that.

So, these are the pieces of equipment that are scheduled to be replaced. And this is the 2015, our first shot at technology that we think needs to be upgraded or funded for in 2015. Capital improvement software, and again I don’t want to repeat, because we’ve talked about these before, but that’s a tracking program for our projects. The fiber that we’ve talked about, 100,000 that we’ve put in the 14-R budget, we believe another 100,000 may get us what we need in terms of what we can co-locate with Google by the time ‘15 is done. The next, audio projectors and devices is funding for this room. Again, we talked about having a committee work on ideas for this room. May or may not need that amount. May need more depending on what ideas are generated. But we wanted to have some funding available in case we determine that upgrades would be important to do. Disk drives is IT hardware stuff. The Citizen Business Relationship Management System, again we’ve talked about that. That’s the replacement of our Lotus Notes database bases that do our Citizen Service Requests, our building permits, a lot of our land-based GIS-based functions and some of the apps that we’ve talked about that we would like to have available for the public would be part of that program. We thought we had a vendor. We had done a lot of vetting and then that vendor went a different direction so we’re kind of back to the drawing board. There are several local governments around that are doing a search for the same kind of product right now. So, we’re trying to team up with them in terms of evaluation and gets some savings in time and effort. And the more of us that use the same product, obviously that’s helpful if we run into issues. So, that would be the technology issues in the ‘15.

COUNCILMEMBER NEIGHBOR: Any questions? Okay. Why don’t we take a ten- minute break and reconvene at 20 till. And hopefully we won’t take the rest of the night after that.

(Council Committee Meeting in Recess from 8:28 p.m. to 8:36 p.m.)

COUNCILMEMBER NEIGHBOR: Okay. If we could reconvene, please.

Fund 401 - Debt Service Fund

MS. ROGERS: Maureen Rogers, Finance Director. The Debt Service Fund is funded by a portion of the City’s mill levy. And special assessments help out with some of the bond issues. The expenditures are all of the City’s bond issues except for the Justice Center. And this fund has kind of had the same story for a number of years and we continue to kind of nurse it along for a few years. It has this very low fund balance that in ‘16, ‘17, ‘18 and with this scenario of the forecast shows it coming back up in future years. The extent to which that’ll really happen will depend on how revenues actually end up in competing needs with the other two mill levy funds. Some things to note in

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the big forecast. So Carol mentioned the transfer from the Economic Development Fund. That’s right here in these transfers along with some other little transfers. The 780,000 represents five years of delinquency, which 2015 would be the fifth year. There’s also another year that is included in ‘16 in case that would be needed. The special assessments for Silverheel actually go out to 2019. But the idea -- it’s hoped that the Debt Service Fund would not need help after ‘16 maybe to be able to handle that. And hopefully, of course it’ll get taken care of on its own and will no longer be a problem. We also included the excise tax on Highland Ridge, which was discussed a couple months ago and will be coming back in an agenda item.

And another item that we wanted to include was on the proposed refunding bonds. A portion of the -- or one bond issue that’s being refunded would -- the savings would go back to this fund. And so those are included there in green. The debt service for prior years, being prior to 2013, I have one issue that is paying off at the end of ‘14. So, those are going down a little bit. One thing that we’re proposing this year. We have some very small KDOT revolving loans. The balance is only about $96,000. And there would be a savings of almost 22,000 to just pay them off. Not refund them, just with cash pay them off. And so that’s what shown here. Kind of a little bit of savings of time, but also actual dollar savings. I just wanted to show you the 2013 bonds that were for the street mill and overlay last year came in with better interest rates than what was originally budgeted. So, there is pretty significant savings there. And then we’ll continue to fund that according to its amortization schedule. The 2014-A bonds that would be up for sale on the 23rd of June, those have debt service plugged in for 2015 on. And those are -- that kind of grows according to the growth of the shopping center. It’s structured so that the payments are lower in the first couple years and then it’s also structured so that it is paid for out of the revenues from the project.

Fund 201 - Public Safety Equipment

The Public Safety Equipment Fund is the third fund, besides the General Fund, that has a portion of the City’s mill levy. And this one continues to have increasing needs just like the -- like all three of the funds do. One thing in the forecast for the future, there’s a number of different ways these forecasts could be done, a number of different assumptions. One of the reasons, of course, that we do the ten-year forecast is so that the budget that is being approved for the next year isn’t done in a vacuum or looking out into the future to see how the decisions that are made now affect the future. But there’s a lot of possible futures. One thing I like to do with these is to explore different ideas. And this forecast shows a shift from leasing fire trucks over to infusing this fund with cash to be able to cash fund them. And the next fire truck that’s even up for replacement is in 2017. So, this is not a decision for this budget process. But these are the kind of things we like to think about for a forecast. But as far as the expenditures for this budget cycle, lease vehicles, I believe there’s 12 vehicles up for replacement. And just various equipment that actually goes down a little bit. The radio lease, actually we already made our last payment on that. So, for at least a little while we’re free of that till

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the next thing comes up. Fire truck lease payments. As I said, there’s not a proposed truck up for ‘15. Two smaller trucks up for replacement. So, that went up a little bit. And then the big item in this fund is the replacement of all the self-contained breathing apparatus. It tends to all need to be replaced at once so that it will all match. Chief Mattox has applied for a FEMA grant that would possibly fund as much as 386,000 of that. So, it might be even -- it sounds like even more than an 80/20 grant. So, hopefully that will happen and that will help this fund out a lot.

A little bit more about the cash funding. Looking at an alternate scenario, and I’m not going show you too many numbers. But anyway, it ends up coming out to where if enough years go by that we accumulate enough leases, it’s almost as much in annual lease payments as a whole new truck would be every year. And so the question was how much money would that really save us. So, I just wanted to point out that with increasing costs of the trucks, and these are actually fairly realistic rates compared to what we got on not the most recent ones, but back in 2009 were closer to 3 to 3½ percent. If interest rates go up in the future, these are not unrealistic, because we don’t get as good of rates on these as we would on our GO bonds. The savings on the six trucks that are in the forecast right now would be almost a million and a half, enough to purchase a whole other truck. So, this is something to think about for the future.

Then this is just a wrap-up. It doesn’t include the General Fund, but it’s all the special revenue and debt fund totals put together. Any questions on those two funds?

The next part of the presentation is really kind of that more food for future thought rather than so much for this budget. This graph, Councilman Vaught had asked a couple weeks ago about the CPI and how did our actual assessed valuation perform during the recession compared to what the CPI was during that time. So, the red line represents had our assessed valuation grown as the CPI grew. Its shape would have been pretty much with just a little dip kept on going up. And these are projected out. But this is what the assessed valuation actually did, the growth rates. And so much like everybody, our residents and businesses and we all might somewhat be in this shape. But we’re kind of starting out this upward trend below where we were before the recession. Just a little bit of history there.

Mill Levy Shifting

One of the strategies that we’re using in order to balance the budget, try to get as many of these forecasts with black numbers instead of red numbers is shifting the existing mills, making the assumption at this point that the total mill rate stays the same, but the shifts between these three funds. This is a history of where we were in 2013 and then ‘14 was budgeted to be the same rate as ‘13. But we moved 1½ mills from the Debt Service Fund and then we made that transfer from the Special Highway Fund, which we’re not making this year. And part of that went to Public Safety and the rest to General Fund. And then just as the assessed valuation is finalized by the county, there

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was just a little bit of an increase that naturally happens. So, 14-R matches what the final 2013 rate was. And so the proposal is to keep the total rate the same as the final ‘13. Move a portion back to the Debt Service Fund, because it needs it in order to be able to even keep the numbers in the black in those next few years. And the General Fund retains part of it. Public Safety Fund goes back to where it was. So, this is where the decision for approval of the budget. This is kind of where it ends with proposed ‘15. But moving on into the future, and we had mentioned this many times over the last year or so is the capacity in the Debt Service Fund increases to whatever level it really does. It’s very likely that we’ll need to shift mills to the General Fund and the Public Safety Equipment Fund in order -- whether we lease fire trucks or cash fund them. Especially we would need more if we were to cash fund. The structure that’s shown in the big sheets that you have reflects cash funding the fire trucks. And it also reflects an increase from where we started in ‘13 out to 2023 of a four mill increase gradually happening into the General Fund to fund operations.

Effect on General Fund

And we mentioned at the last budget meeting -- for the last couple years we’ve been ending the budget year as being approved with a 40 percent fund balance. This year in order to establish those ongoing transfers into the two equipment funds, we took it down to 38 percent. And then an area to think about there is our bond rating. Moody’s does look at any kind of a decrease in your fund balance even if you started out with 60 percent, which is way high. They would still ask you why did you bring it down, because they want to know what your underlying condition is that caused that. And then talking with them they’re, of course, not too committal. They don’t really spell rules to go by, if you do this, then you’re good. But they do value having proactive funding rather than coming up to each budget year and not really knowing how we’re going to fund that equipment. Those are the type of things that they value. And that in our opinion would be worth taking it down a little bit. And then our financial policy, 30 percent was the target. And having more than that is good especially if you have a lot of your revenue coming from volatile sources like sales tax or if you have other funds that are dependent on the General Fund like our equipment transfers have been and will continue to be.

We wanted to show a scenario, in order to keep showing a 30 percent fund balance in the General Fund, how much would it take to show that? And we understand too that we don’t spend all the money that we budget. And hopefully we’re going to have more revenue than what is budgeted. Although if there was a huge downturn, that might not be the case. But hopefully we’re going to end up several percentage points higher than what we budgeted.

So, this is what the forecast was that we showed last time. And these numbers are kind of hard to see. But there’s a decrease. Much less than what we were showing last year, which was falling off to red numbers really fast here, and that’s the -- reflects those four mills gradually moving over. But in order to level those fund balances, they aren’t

Page 33 DRAFT COUNCIL COMMITTEE MINUTES June 3, 2014

able to stay at 30 percent, because the Debt Service Fund isn’t able to support moving mills fast enough to do that. But this is the capacity that might be recognizing that in this year hopefully we don’t end with 31 percent, we end up with more than that. But it would be nice to be able to forecast 30 percent and hope you end up with 40. So, that scenario in terms of what the mills would look like by fund shows growing up as fast as it can and trying to catch up in the General Fund. Didn’t leave a whole lot in the Debt Service Fund. This is what would be required in order to just fund the debt that we already have. And then it doesn’t leave enough money to cash fund the fire trucks. A scenario where you’re not cash funding fire trucks requires about a 1½ mill. In order to put the mills up where you can get enough cash to start cash funding, this needs to go up to about 2½ for a few years and then come back down.

We had intended to show some scenarios of what might happen with the -- as the Debt Service Fund grows and what projects might be done. But as we looked at that it’s pretty far in the future still. It’s really 18-19. And it begins to feel kind of pie in the sky and it may be a more let’s see how the assessed valuation really comes in for the next couple years. But I really wanted to just illustrate what those competing interests are between these funds. Ideally, we’d love to cash fund fire trucks and save that money. You could also make a good case that building projects that we know we need faster saves money, because the costs of those projects are going up. So, that’s something to think about. Our bond rating, and just being able to fund operations is also critical as well.

That’s really all my section. If there’s anything you would like to hear more about, explore scenarios or just whether or not you want to wait till a little farther in the future or look at some on the 17th. Some of the things in the future, as we get a little farther down the road that we would be looking for feedback on is whether we want to pursue cash funding fire trucks and how does that balance out with the need to build Monticello South. And like we talked about in the call for projects and how does our bond rating and operations fit in.

COUNCILMEMBER NEIGHBOR: Thank you. Any questions for Maureen? Okay. Carol.

Conclusion - Summary

CITY MANAGER GONZALES: I just wanted to close out with -- come all back around to the General Fund. And I know tonight was really about the Special Funds mostly. But you did have in your packet line item revenues and line item expenditures for the General Fund. And we’ve talked about the General Fund at the previous meetings, so I won’t belabor it. But just kind of looking at the big picture overall of trying to find any funding that we can. You know, over the past seven, eight years we have squeezed those lines items down to where that General Fund is truly funding operations for the things we do now. So, if there are to be any savings to be found, there are things we

Page 34 DRAFT COUNCIL COMMITTEE MINUTES June 3, 2014

would have to stop doing, which was the whole point of the Priority Based Budgeting, which again over the next year hopefully we’ll dig into that and be able to look at it and make sure we are doing the things that we should be doing. The way it looks the initial results very much supports the goals and results of this Governing Body.

But just a few highlights of those General Fund expenditures. Of the total General Fund, 72.9 percent is salaries and benefits. I mean, it’s people. We’re a service business. We’re funding the people that we need to do those jobs. Of that amount, 63 percent is Public Safety. So, a big portion of that General Fund is Public Safety employees. The people out there doing the work providing the service every day.

There’s a couple of large line items. You know, as you go down that list and you try and find money as we do all the time, so I just want to hit a couple of those just to hopefully anticipate any questions. And if you see any numbers in those as you look through those reports or if you have any questions tonight, we can show you exactly what’s in all those line items. But we just wanted to highlight the two kind of large ones that are kind of broad names.

So, 2520, Buildings - Operations and Maintenance. So, this is across all the General Fund. Of course it’s allocated out by departments. But it is truly our maintenance and repair line item. It pays for all our janitorial contracts for the buildings that we have, maintenance on our HVAC systems, plumbing when plumbing goes bad, just any kind of general maintenance that we have. So, not a lot of room there and we’ve come very close on that line item. In fact, it’s kind of escalated as our things have aged.

Then the Land Improvement Maintenance, kind of different. Depending on the department, there are different things in that, but you can see that list of all our contract mowing for Public Works is in there and for Parks. So, that’s a big portion of that. We have a program, all our stone walls. You’ve probably seen recently we had a contractor that’s been out repairing those stone walls. We have a program of trying to keep up with that.

COUNCILMEMBER NEIGHBOR: Ms. Distler.

COUNCILMEMBER DISTLER: Well, I was just wondering about the Justice Center being a new building, why the maintenance is as much as the three fire stations, which I can see are older so needing new roofs and things like that. But that’s a new building.

CITY MANAGER GONZALES: It’s a big building. Some of those are ongoing contracts. I mean, the exterminator contract.

COUNCILMEMBER DISTLER: I see.

Page 35 DRAFT COUNCIL COMMITTEE MINUTES June 3, 2014

CITY MANAGER GONZALES: Maintenance and things -- regular checks on our HVAC system.

COUNCILMEMBER DISTLER: So, it’s not like repairs and stuff?

CITY MANAGER GONZALES: So, it’s not all repairs, it’s ongoing maintenance support. So, it’s, you know, a lot of square footage.

COUNCILMEMBER DISTLER: Thank you.

CITY MANAGER GONZALES: Yeah. Good question. Again, just maintenance of our fields, our landscaping, crosswalks. You know, I know Sgt. Baker and Mr. Sherfy were doing a meeting with some folks about stop signs this week, or maybe last week that some of you may have been at. But the question got asked about crosswalks and somebody said, why don’t you just put a crosswalk down. And Mark was explaining to them we’re very judicious in how we put crosswalks down, because every crosswalk costs $3,000 to put down and then you have to maintain it once you put it down. So, that ongoing maintenance of the paint and the laying down the crosswalks and keeping them up. Christmas decorations, that’s a $20,000 line that’s in there. And then, of course, our ongoing pool maintenance that we keep the pool in very good shape and repairs. It gets used well.

So, these line items are -- they’re big line items, but they’re really supporting the activities and operations that we have. And we’ve gotten them down as close as we can get them. You know that Maureen mentioned that we don’t spend our entire budget, but we did kind of look at the trend of what that used to be that was left at the end of the year and what is left now and it’s a lot -- a lot less than it used to be that we wind up with at the end of the year.

So conclusion. Maureen talked about the mill shift. And again, that’s not a specific discussion for now, but it’s a critical issue. It’s a very critical issue for the future. What that mill shift shows is no new capital projects. Truly, to just continue to support operations the next 10 to 20 years, no new big projects. We wouldn’t do Monticello South. We wouldn’t do Midland. We wouldn’t -- there just isn’t the capacity in that Debt Service Fund to do that if we’re going to keep funding Operations, which I believe that we have to do. And then, of course, the funding gap for pavement, funding gap for stormwater that we’ve talked about. So, we’ll come back to you on the 17th with kind of a wrap-up of everything. I’ve heard about streets. So, we’re going to bring streets back. I think a couple questions about the funding and the Convention Tourism Fund, so we’ll bring some information on that. If you have other questions now, things you’d like us to bring back, be glad to hear those.

COUNCILMEMBER NEIGHBOR: Councilman Sandifer.

Page 36 DRAFT COUNCIL COMMITTEE MINUTES June 3, 2014

COUNCILMEMBER SANDIFER: Are we also looking at market increases towards employees a little bit more, too?

CITY MANAGER GONZALES: There is. I think in the first General Fund memo we talked about there’s a 3.3 percent. That is that aging factor that, if you remember when we had the presentation from CBIZ, that they will give us the next two years and then we’ll hope to do another study. So, how we’ll allocate that I’m not sure yet.

COUNCILMEMBER SANDIFER: Okay.

CITY MANAGER GONZALES: But there is a pool of 3.3 percent. It’s not truly a pool, it is actually allocated across the departments. But that’s what’s plugged into the General Fund now.

COUNCILMEMBER SANDIFER: Thank you.

COUNCILMEMBER NEIGHBOR: Mr. Vaught.

COUNCILMEMBER VAUGHT: We kind of ran over it and I didn’t bring it up when we did, but I would like to in the next meeting when we talk about this is look at our Stormwater Maintenance. You know, I’m sitting here looking at that chart and, you know, it’s an issue. And much like roads we have crumbling stormwater infrastructure. And we’re the second lowest fee next to Overland Park which, you know, we can’t compare ourselves to Overland Park. They have such a massive tax base. But, you know, you’ve got Lenexa, which has 20,000 less people and I don’t know, 15 less square miles and, you know, they’ve got a $5.2 million revenue generated off of their stormwater and we’re getting 1.7. And there’s a reason why their facilities look so much better than ours. I mean, I’m going to go back to what I said. We’ve got to get our head around infrastructure. The easy thing to do is bury our head in the sand and say, well, it’s not popular. It’s not popular to raise fees and taxes, but unless someone else would come up with some alternatives and bring forth some hidden revenue sources, we’ve got to deal with them. Touching real quick on -- I’m just going to kind of circle back a little bit and I don’t want to beat a dead horse on this, but hearing some of the comments after, you know, during our break about the sales tax for road maintenance, we spend millions of dollars on fire trucks, police cars, vehicles and the maintenance for those are buried within the budgets of each of those departments. So, I guess I would ask everybody if we’re going to spend millions of dollars on fire trucks, would we then ask the Fire Department, because of a detail in their maintenance and say, you know, we don’t think you should change the oil based on what this schedule tells you, let’s stretch that out. Let’s get an extra six, seven, 8,000 miles out of that oil change on the fire truck, because we’re trying to save some money. We’ve never done that. I’ve never seen anybody suggest that, because we know that it’s an asset. And to preserve your asset you must maintain it. So, we go out and we buy 750 lane miles of road in Shawnee, but for some reason we don’t think it’s important to adequately fund it. The

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comment was made about whether we need that much money. So, I want to make sure everybody understands what we talked about before. Best practices is what, 11-year mill and overlay?

CITY MANAGER GONZALES: About that.

COUNCILMEMBER VAUGHT: Okay. Ten, eleven, twelve -- 13-year mill and overlay. Somewhere in that scenario?

CITY MANAGER GONZALES: Right.

COUNCILMEMBER VAUGHT: Right now we’re at a -- our current funding we’re at a 20?

CITY MANAGER GONZALES: Twenty-seven.

COUNCILMEMBER VAUGHT: Twenty-seven year mill and overlay. And one cent gets us to?

COUNCILMEMBER NEIGHBOR: Twenty-two.

COUNCILMEMBER VAUGHT: Twenty-two. At a 1/8th, I mean. And a 2/8th gets us to an 18 - 19. Still six years -- six, seven years away from best practice. I mean, I see it pretty plain. I’m not -- I don’t think there’s any other way to present it. For someone to say that, well, we’re asking for more than what we need, no. There is no reason why Shawnee should not be performing best practice. We should not be mediocre to the rest of Johnson County. We are not that kind of city. And it just frustrates me that we seem to have this with some people this acceptance of mediocrity. Well, it’s not popular. I don’t want to do it, it’s not popular. So, we’re just going to be mediocre. And that’s just crazy. It is crazy. We have a month to sit, you know, we’re going to talk about this again and we need to have a serious conversation. And if someone is going to come up here and say that we don’t need that much money, then I would also like to see them bring forth a plan that raises revenue someplace else to address this. Because I don’t think anybody here would vote to decrease maintenance on fire trucks and police cars. And we bought those, they’re an asset. We bought the roads, they’re an asset and we must maintain them. Same with stormwater. It’s got to be done.

COUNCILMEMBER NEIGHBOR: Okay. Anyone else have a comment for Ms. Gonzales?

CITY MANAGER GONZALES: If you do have questions, other things you think of after you go home, shoot me an e-mail. We’ll start working on the packet. We’re working on the 9th packet also. But we’ll start working on budget stuff tomorrow. By Monday would be a -- if there’s things you want us to address for the meeting on the 17th, Monday or

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Tuesday if you could get, at the latest, so we can have time to do some research and get it incorporated into the packet.

Now, the other thing I might add on a different topic. Just a new face tonight. Dan Ferguson is here, our Communications Manager. So, hope you all get a chance to meet him. He has already been a great help this week. So, saw some of the publicity we got in the Torch Run and a few other things just this week. So, we’re thrilled to have him here and hopefully you all get a chance to meet him and I’m sure you will.

COUNCILMEMBER NEIGHBOR: Okay. If there’s nothing else, it goes without saying this is a big weekend in Shawnee for Old Shawnee Days, the parade. And I trust that some of you ordered good weather. No more rain.

C. ADJOURNMENT

COUNCILMEMBER NEIGHBOR: Anyway, if there is nothing more, I thank everybody for your attention tonight and I will entertain a motion to adjourn.

COUNCILMEMBER SANDIFER: Make a motion to adjourn.

COUNCILMEMBER PFLUMM: Second.

COUNCILMEMBER NEIGHBOR: I have a motion and a second. All in favor signify by saying aye.

COUNCILMEMBERS: Aye.

COUNCILMEMBER NEIGHBOR: We are adjourned. (Motion passes 8-0).

(Council Committee Meeting Adjourned at 9:08 p.m.)

Page 39 DRAFT COUNCIL COMMITTEE MINUTES June 3, 2014

CERTIFICATE

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

/das June 16, 2014

Deborah A. Sweeney, Recording Secretary

APPROVED BY:

______

Stephen Powell, City Clerk

Page 1 APPROVED PLANNING COMMISSION MINUTES June 2, 2014

CITY OF SHAWNEE PLANNING COMMISSION MEETING MINUTES June 2, 2014 7:30 P.M.

PLANNING COMMISSIONERS PRESENT STAFF PRESENT Commissioner Bruce Bienhoff Planning Director Paul Chaffee Commissioner Augie Bogina Deputy Planning Director Doug Allmon Commissioner Dennis Busby Planner Mark Zielsdorf Commissioner Nathan Fiser Administrative Assistant Angie Lind Commissioner Wendy Hageman Commissioner Brandon Kenig Commissioner James Schnefke Commissioner Jason Sheahan Commissioner Alan Willoughby Commissioner Steven Wise

PLANNING COMMISSIONERS ABSENT Commissioner Audrey Navarro

(Planning Commission Meeting Called to Order at 7:32 p.m.)

CHAIRMAN BOGINA: Good evening and welcome to the June 2, 2014 meeting of the Shawnee Planning Commission. We’ll start with the Roll Call. A. ROLL CALL CHAIRMAN BOGINA: Commissioner Willoughby. COMMISSIONER WILLOUGHBY: Here. CHAIRMAN BOGINA: Commissioner Sheahan. COMMISSIONER SHEAHAN: Here. CHAIRMAN BOGINA: Commissioner Fiser. COMMISSIONER FISER: Here. CHAIRMAN BOGINA: Commissioner Bienhoff. COMMISSIONER BIENHOFF: Here.

Page 2 APPROVED PLANNING COMMISSION MINUTES June 2, 2014 CHAIRMAN BOGINA: Commissioner Busby. COMMISSIONER BUSBY: Here. CHAIRMAN BOGINA: Commissioner Bogina is here. CHAIRMAN BOGINA: Commissioner Schnefke. COMMISSIONER SCHNEFKE: Here. CHAIRMAN BOGINA: Commissioner Hageman. COMMISSIONER HAGEMAN: Here. CHAIRMAN BOGINA: Commissioner Kenig. COMMISSIONER KENIG: Here. CHAIRMAN BOGINA: Commissioner Wise. COMMISSIONER WISE: Here. CHAIRMAN BOGINA: Commissioner Navarro is absent. CHAIRMAN BOGINA: If you’d please rise and join us in the Pledge of Allegiance? B. PLEDGE OF ALLEGIANCE CHAIRMAN BOGINA: Thank you. Item C. are: C. CONSENT ITEMS CHAIRMAN BOGINA: Items 1 thru 11 are listed under the Consent Item Agenda. Unless there is a request to remove an item from the Consent Agenda, the items will be approved in one motion. Is there a request to remove an item from the Consent Agenda? Commissioner Bienhoff. COMMISSIONER BIENHOFF: Mr. Chairman, I’d request that we remove Item 7 from the Consent Agenda. CHAIRMAN BOGINA: Thank you, is there a second? Commissioner Busby. COMMISSIONER BUSBY: Thank you, I second. CHAIRMAN BOGINA: So, Items 1 thru 6 and 8 thru 11, is there a motion to approve the Consent Agenda of those items? Commissioner Schnefke. COMMISSIONER SCHNEFKE: Yes, Mr. Chairman I move for approval of all of the Consent Items except Item 7. CHAIRMAN BOGINA: Thank you. Commissioner Hageman. COMMISSIONER HAGEMAN: I second. CHAIRMAN BOGINA: Motion and second to approve the Consent Item Agenda, Items 1 thru 6 and 8 thru 11, all in favor? COMMISSIONERS: Aye. CHAIRMAN BOGINA: Opposed? Motion passes.

(Motion passes 10-0; Commissioner Navarro Absent)

Page 3 APPROVED PLANNING COMMISSION MINUTES June 2, 2014 CHAIRMAN BOGINA: Commissioner Busby, would you like to make a motion on Item 7? COMMISSIONER BIENHOFF: Mr. Chairman, I’d like to abstain from Item number 7. CHAIRMAN BOGINA: Thank you. Commissioner Schnefke. COMMISSIONER SCHNEFKE: Yes, Mr. Chairman I’d would abstain from Item number 7. CHAIRMAN BOGINA: Thank you. Commissioner Busby. COMMISSIONER BUSBY: Move for approval of Item 7 according to staff recommendations. CHAIRMAN BOGINA: Thank you. Commissioner Hageman. COMMISSIONER HAGEMAN: I second. CHAIRMAN BOGINA: Motion and second to approve Item number 7, all in favor? COMMISSIONERS: Aye. CHAIRMAN BOGINA: Opposed? Motion passes. Thank you.

(Motion passes 8-2-0; Commissioners Bienhoff and Schnefke Abstain, Commissioner Navarro Absent)

CHAIRMAN BOGINA: That takes us to Item D.: D. UNDINISHED BUSINESS 1. S-057-14-04; CONSIDER A SIGN VARIANCE REQUEST FOR TOMAHAWK SHOPPING CENTER, FOR SIGN LOCATION, LOCATED AT THE NE CORNER OF 75TH ST AND NIEMAN RD. REQUEST SUBMITTED BY MCGREGOR INTERESTS TOMAHAWK, LLC, OWNER. THIS ITEM WAS TABLED AT THE MAY 5, 2014 MEETING. CHAIRMAN BOGINA: Doug. DEPUTY PLANNING DIRECTOR ALLMON: This request was considered at the May 5, 2014 Planning Commission meeting. Planning Commissioners were unable to come to a consensus after a tie vote. As a result and since two members of the Commission were absent, a motion was made to table further consideration of this request until tonight’s meeting. Since we discussed it at length last time, I’m not going to give a staff presentation again; we’ll just go back into your discussion this time. CHAIRMAN BOGINA: Thank you. Is the applicant present? APPLICANT: Yes. Good evening everyone. CHAIRMAN BOGINA: Could you give us your name and address again, please? MR. STROHMEYER: Yes, my name is Drew Strohmeyer; I represent McGregor Interests Tomahawk, LLC. (Office address) 11750 Stonegate Circle. CHAIRMAN BOGINA: Thank you and if we could, I don’t want to stifle any discussion, but if we could stay on, if you have something new that, rather than to, as we’ve heard it two other previous times, if we could just stay on those subjects versus... MR. STROHMEYER: If it’s okay, I have a hand out and I’d like to go over some of the main topics. CHAIRMAN BOGINA: Good, thank you.

Page 4 APPROVED PLANNING COMMISSION MINUTES June 2, 2014 MR. STROHMEYER: Sorry, I’m one short there. I’ll try to make this quick; as Planning staff has indicated in their report, and as previously discussed in the Planning Commission meetings, we’re requesting a location sign variance to place a monument sign on 75th Street; I’ll go over these top points here; the subject site, the attachment to that, with the yellow arrow, that is our vacancy of greatest concern that we’ve had a lot of issues with; there is no visibility for this site, currently; it has been vacant since January of 2004; it contains approximately 6,025 square feet; it’s 22% of the entire center; it’s been a huge burden for us. And, I did a little research and I found some other location variances that have been approved to achieve this better visibility: Natural Grocers was approved in March of 2013, they needed better visibility for the general public and they wanted the signage on Shawnee Mission Parkway, they wanted this additional signage in lieu of signage on Midland Drive and they gave up signage adjacent to a residential apartment building, which is very similar to the sign we’d be giving up on W. 74th Street; the Kremers & Forbes was on October of 2013 and they requested a sign variance for signage facing K-7 Highway in lieu of the signage on the west façade, in the meeting minutes it was noted that the sign was a good business decision; and we feel that the sign is also a good business decision as it gives the visibility to the areas of the center that would otherwise have no visibility; the motion was to approve the variance and quote, “…due to visibility issues…”, the variance we are asking for is because of this very thing, visibility; and lastly on this topic, Shawnee ER and the HCA Midwest in October of 2013, the applicant requested a sign on the west elevation in lieu of placing the sign on the east elevation, the reason for this variance was no visibility on the east side. Our leasing efforts to try to fill this space, the property owners have used four different brokerage firms in an attempt to lease the space since 2004, none have had success; the subject site has been marketed to every viable, national, and local tenant and they’ve all had pretty much the same feedback: no visibility. Other signage options that the ownership has attempted and has considered, we did apply for a variance for the elevation of our buildings’ façade to make it visible from 75th Street and that variance was denied and then we also did approach Walmart and had several discussions about getting onto their sign and Walmart will not give an inch on their sign; and lastly, the pad-site where we’re looking to get this installed, Burger King had a site plan for their monument sign which would be located on 75th Street in very close proximity to where we would put our sign and this site plan was approved and I have a diagram of the drawing of where their site plan would be; so right here we have 75th Street and right here is our main drive, and this is where Burger King’s proposed monument sign would go; this is their monument sign they had in their site plan for approval; and you’ll note on this exhibit here, this is where our current monument sign that we’re attempting to get a variance for where it would be located, it’s very close to where the signage for Burger King… In closing, we ask the Commission to approve the sign variance for McGregor Interests Tomahawk, LLC is willing to give up the signage on W. 74th Street and any future monument signage on the pad-site if this variance is approved; we request the assistance of the Commission to keep this center viable and try to back-fill our junior anchor and avoid any increases in vacancy; this facility is one of our most important factors for retailers and this monument sign will go a long way for that visibility; furthermore, we don’t feel that granting this variance will set a precedence given the sites are given a monument sign anyways. With that, I open it up for any questions that you may have. COMMISSIONER SHEAHAN: Paul, just a clarification there on the pad-sites, going forward there wouldn’t be pad-sites along those roads wouldn’t have… PLANNING DIRECTOR CHAFFEE: That’s correct. That’s not a correct statement since about early 90’s (1990’s) individual pad-sites in shopping centers do not get their own monument sign it’s monumentation for the shopping center as a whole. COMMISSIONER SHEAHAN: But there was an exception was going to be made for this specific site for Burger King. PLANNING DIRECTOR CHAFFEE: Yes.

Page 5 APPROVED PLANNING COMMISSION MINUTES June 2, 2014 COMMISSIONER SHEAHAN: Okay. So… PLANNING DIRECTOR CHAFFEE: And the reason all of them are line up the way they were is some of the properties are part of the shopping center, some of them aren’t and most of those locations were there prior to the change in the sign code; which was one of the reasons they did the change in the sign code was there were just signs on top of signs on top of signs along some of the streets and in the community and esthetic wise, at the time the Governing Body thought it was best just to, you know, limit the number of signs. COMMISSIONER SHEAHAN: My only comment would be is, thank you very much for making another trip down and appreciate, you know, the presentation that you have. It would’ve been much, nice to have this last time, but thank you for presenting it this time. MR. STROHMEYER: Thank you for giving me the opportunity. CHAIRMAN BOGINA: Does the Commission have any questions for the staff or the applicant? Commissioner Schnefke. COMMISSIONER SCHNEFKE: Yes, I have, I do. One of the questions, so I make sure I understand, but I think you are very clear about this, but Burger King has the right to do a sign and they’ve elected to give up that right and so that would no longer be an option for Burger King which would open up the space for your sign? CHAIRMAN BOGINA: Paul. COMMISSIONER SCHNEFKE: Am I understanding that? PLANNING DIRECTOR CHAFFEE: Burger King is gone. They’ve determined they aren’t going to be located at this site, so if one of the conditions of approval is if you allow the locational variance for the monument sign, then McGregor, who owns that property, clearly understands that there’s not going to be an additional monument sign on top of that on that lot. COMMISSIONER SCHNEFKE: Got it, okay. But, that Burger King site really fronted 75th Street, right? UNKNOWN SPEAKER: Yes. COMMISSIONER SCHNEFKE: So the challenge would be different… so the challenge is greater for what you’re wanting the variance for now than it would be for that next site. MR. STROHMEYER: Yes. COMMISSIONER SCHNEFKE: Thank you. CHAIRMAN BOGINA: Commissioner Wise. COMMISSIONER WISE: Question. I assume on the back, along the 74th Street elevation, that there is not public access that that’s a service drive or is public allowed back on that side? MR. STROHMEYER: Depending on… (Inaudible) MR. STROHMEYER: So, to get back here, this is mainly, mainly delivery for Walmart and delivery to the retail and the only access points from 74th are all the way down here behind the Walmart. COMMISSIONER WISE: Okay, cause what I was wondering is, would there be a back-up location, but unfortunately that’s the delivery side and would not be easy access. All right, thank you. CHAIRMAN BOGINA: Commissioner Bienhoff.

Page 6 APPROVED PLANNING COMMISSION MINUTES June 2, 2014 COMMISSIONER BIENHOFF: Yes, don’t know if this is, maybe Paul you could answer this… in the ownership, is that all common ownership on that entire site, or maybe the applicant could explain that. PLANNING DIRECTOR CHAFFEE: I believe you all have sold off a portion to Walmart, is that correct? MR. STROHMEYER: I’m gonna, this isn’t… (Inaudible) COMMISSIONER BIENHOFF: Sure, it’s just generally. MR. STROHMEYER: Sure. This, right here, is the top here where we own and down this access road here and then Walmart owns the majority of the rest of this and then we own the pad site right here. COMMISSIONER BIENHOFF: And Paul, I don’t recall having a conversation about a sign for the building in the past, I thought, you had mentioned that on the façade, I don’t recall that. PLANNING DIRECTOR CHAFFEE: We had had some discussions with McGregor probably two years ago however, they never proceeded with or submitted anything to the Planning Commission regarding that; there was a façade renovation that was done with the current building and they covered the brick and you used the stone and the stucco which, you know, was a major improvement to that shopping center, they did that but then in subsequent discussions, we visited with them, but no application was ever submitted to the Planning Commission for that consideration. MR. STROHMEYER: And what happened, there was, we wanted to raise the façade just this portion of the building, so they would then be visible from 75th and they were going to require us to raise the façade the entire building, which would then negate that visibility of 75th so then we didn’t proceed moving forward. COMMISSIONER BIENHOFF: And do you own the Waffle House location, or is that different ownership? MR. STROHMEYER: No. COMMISSIONER BIENHOFF: Thank you. CHAIRMAN BOGINA: Thank you. MR. STROHMEYER: Thank you. CHAIRMAN BOGINA: So Paul, before we go onto Commission discussion, if I could ask real quick, so the Burger King site was approved, it was never moved forward, the Ordinance has changed to where there is no right to a sign on that tract right now by a user… PLANNING DIRECTOR CHAFFEE: Actually, Burger King was approved after that fact and a concession was made by those to allow the monument sign for Burger King to get located on that site; earlier this year, we withdrew the special use permit that we had, it was about three years old, you know, and as always when it’s time for review and nothing’s happened, we contact the owner to see, you know, what their future plans are to go ahead and recommend extension or withdraw and they indicated to us that they will not be building, you know, on that piece of property. I would like to make a motion that we approve FP-08-14-05, the Final Plat for Estates of Highland Ridge, 3rd Plat, located in the 23700 Block of 51st Terrace, subject to staff’s report and conditions. CHAIRMAN BOGINA: So… PLANNING DIRECTOR CHAFFEE: So as the condition of approval, since the Planning Commission, we all had approved a location for monument sign for Burger King and one of the conditions of approval was if you allow the location variance, then McGregor understands that the monument sign that

Page 7 APPROVED PLANNING COMMISSION MINUTES June 2, 2014 would’ve been on that site, that this is it, that they’re not getting the monument sign plus another sign lined up along that area… CHAIRMAN BOGINA: Do you have any thoughts as if someone else came in and said that we’re not going to locate there unless we have a monument sign, what your position would be? PLANNING DIRECTOR CHAFFEE: I would hope that McGregor would relay that information to their potential tenants. CHAIRMAN BOGINA: Thank you. So we’d be in… PLANNING DIRECTOR CHAFFEE: And, I would hope that, you know, the sign truly is a sign that has tenant panels in it and if they’re concerned about that, that they’d hold one of those tenant panels for someone who may build on that site to have, you know, their business name displayed. CHAIRMAN BOGINA: You have a question for the staff? (Inaudible) CHAIRMAN BOGINA: Okay, Commissioner. Okay, go ahead. COMMISSIONER SHEAHAN: I apologize. What’s the intention with that pad site? MR. STROHMEYER: Good question. You know… (Inaudible) MS. LIND: Come forward, that way it’s on the record. MR. STROHMEYER: The goal is to resell it. It’s for sale now. COMMISSIONER SHEAHAN: Okay. CHAIRMAN BOGINA: Thank you. We’d be in Commission discussion. Commissioner Schnefke. COMMISSIONER SCHNEFKE: Yes, so a question that I would have, and this could be directed towards Paul perhaps… CHAIRMAN BOGINA: Yes. COMMISSIONER SCHNEFKE: Is that staff is, if that pad site changes ownership, does the signage issue remain the same as it does under the circumstances? PLANNING DIRECTOR CHAFFEE: It has no bearing on who owns it, it is part of the shopping center as a whole and so the rules for the shopping center as a whole apply; just because you sell off a parcel doesn’t mean you get all kinds of other things. I mean, you’re building still needs to carry through the theme of the architecture and the colors and the materials and… (Inaudible) COMMISSIONER SCHNEFKE: So, if there’s a concession made for the pad site we’re discussing to put a sign on the pad site fronting 75th Street… PLANNING DIRECTOR CHAFFEE: Right. COMMISSIONER SCHNEFKE: And that new owner would be under the same… PLANNING DIRECTOR CHAFFEE: Correct. COMMISSIONER SCHNEFKE: Conditions as what… (Inaudible)

Page 8 APPROVED PLANNING COMMISSION MINUTES June 2, 2014 PLANNING DIRECTOR CHAFFEE: Correct. What McGregor’s doing is they’re saying is, we don’t see the advantage to put the monument sign on along 74th Street or along Ballentine; we have that sign we can do; we’re asking for a variance to move up onto 75th Street and what you all are looking at is, you know, if you grant a variance than what goes along with it is then there’s not going to be another sign; this is it basically, along 75th Street; there’s not going to be another one in addition to, to allow this one to move. COMMISSIONER SCHNEFKE: Regardless of ownership. PLANNING DIRECTOR CHAFFEE: Regardless of the ownership. CHAIRMAN BOGINA: Commissioner Sheahan. COMMISSIONER SHEAHAN: I think at this aerial shot actually just previous conversations we’ve had, the shot we’ve provided on it, give, truly shows the site issues along the highway, the road there, where you can’t see what’s going on there; I think before we kind of talked about it in concept but now we can very clearly see that’s it’s very difficult to see where the building angles there so I just want to bring that to the Commissions attention. COMMISSIONER BIENHOFF: Mr. Chairman. CHAIRMAN BOGINA: Commissioner Bienhoff. COMMISSIONER BIENHOFF: Question for staff, so if a monument sign is ever approved and constructed there and that land later sells and something else wants to be constructed and the sign is in the way and needs to be moved, what happens? PLANNING DIRECTOR CHAFFEE: We could, we can work with the applicant if he needs to move the sign a few feet one way or the other; if they’re looking at moving it from this general vicinity or to the other side, we’d probably bring it back to you all to let you know where the location’s going to be; but if it ends up moving 10 feet one way or another, we just will do that, but if it jumps, you know, the road or something, then… COMMISSIONER BIENHOFF: And could you remind me one more time where this sign would be relative to the existing monument sign for Walmart? (Inaudible) PLANNING DIRECTOR CHAFFEE: Right in here, and then there’s another sign that’s up in this area here. And then you have the, here is the Waffle House sign; and then we’ve got the Oriental restaurant sign; and then you’ve got the Ryan’s sign here; Carwash sign; and the other Tomahawk Shopping Center sign. And, the Walmart signs aren’t Walmart’s, they’re shopping center signs; as required it has Tomahawk Center on it and then it has, you know, Walmart on that and I’m not familiar with any arrangements this owner or the previous owner had made with Walmart that says you get the whole sign for the shopping center, nobody else can go on it… (Inaudible) CHAIRMAN BOGINA: Thank you. Commissioner Wise. COMMISSIONER WISE: I’ll just offer my opinion that as much as I don’t like the sign along here, I mean I fully understand the situation I think, but whatever we can do to help them increase, you know, try to rent them out, I mean, it’s been ten years sitting vacant, I don’t, there’s not a real great solution and to me I think it’s probably in the best interest to try to help that tenant out, the broker out as much as possible by offering the sign variance. CHAIRMAN BOGINA: Thank you. Commissioner Willoughby. COMMISSIONER WILLOUGHBY: I make a motion to approve the sign variance.

Page 9 APPROVED PLANNING COMMISSION MINUTES June 2, 2014 CHAIRMAN BOGINA: Is there any, if you could hold your motion for a second. Is there any other discussion? Commissioner Schnefke. COMMISSIONER SCHNEFKE: Yeah, Mr. Chairman, I would just kind of, to Commissioner Wise’s point, if there’s an exchange of one sign location for another sign location, it’s a wash, so I would agree and I appreciate the preparation as well, as you had said, Commissioner Sheahan. CHAIRMAN BOGINA: And I’ll be right back to you. Paul, how do you think to that would be binding if that was an agreement on future owners of this tract if it’s for sale? PLANNING DIRECTOR CHAFFEE: It’s a condition of approval that you all gave for the location variance; one of the conditions of approval was no other sign variance. CHAIRMAN BOGINA: So that if a tenant came in with, let’s just say it was another Burger King and they wanted to locate a sign, what kind of distance, do you know, do you have any idea how that could lay-out, how… PLANNING DIRECTOR CHAFFEE: Yeah. CHAIRMAN BOGINA: Let me ask again. Let me rephrase that. Where is Burger King sign approval in relation to this proposal? PLANNING DIRECTOR CHAFFEE: It was just a little bit further to the east. CHAIRMAN BOGINA: 20 feet? PLANNING DIRECTOR CHAFFEE: In the same vicinity, maybe 10 feet. CHAIRMAN BOGINA: 10 feet? And could it have been, if Doug is more familiar with it, could it have been moved 20 feet away? DEPUTY PLANNING DIRECTOR ALLMON: It would have. What I think we’re saying is if you do grant this monument sign, it will be open to a Burger King panel on that sign and there will not be an additional monument sign for any future restaurant or user (Inaudible) is the way I’m reading it. CHAIRMAN BOGINA: All right. Commissioner Schnefke. COMMISSIONER SCHNEFKE: Is that condition acceptable for the owner? A panel sign opposed to a specific… MR. STROHMEYER: It’ll be a multi-tenant sign. COMMISSIONER SCHNEFKE: Got it. (Inaudible) CHAIRMAN BOGINA: Commissioner Willoughby. COMMISSIONER WILLOUGHBY: I move to approve the sign variance S-057-14-03(04). COMMISSIONER KENIG: Mr. Chairman, I second that motion. CHAIRMAN BOGINA: There’s a motion and second to approve S-057-14-04, consideration of a sign variance for Tomahawk Shopping Center for sign location at the northeast corner of 75th Street and Nieman, all in favor? COMMISSIONERS: Aye. CHAIRMAN BOGINA: Opposed?

Page 10 APPROVED PLANNING COMMISSION MINUTES June 2, 2014 CHAIRMAN BOGINA: No. CHAIRMAN BOGINA: Motion passes, thank you.

(Motion passes 9-1; Commissioner Navarro Absent)

CHAIRMAN BOGINA: That will take us to: E. OTHER BUSINESS CHAIRMAN BOGINA: Paul? PLANNING DIRECTOR CHAFFEE: Staff has no other business this evening. CHAIRMAN BOGINA: Does the Commission have any business for the staff? If not, Commissioner Kenig do you have a motion to adjourn?

F. ADJOURNMENT COMMISSIONER KENIG: Motion to adjourn. CHAIRMAN BOGINA: Thank you. Commissioner Fiser. COMMISSIONER FISER: I second that motion. CHAIRMAN BOGINA: Motion and second to adjourn, all in favor? COMMISSIONERS: Aye. CHAIRMAN BOGINA: Opposed? Motion passes, thank you.

(Motion passes 10-0; Commissioner Navarro Absent) (Meeting adjourned at 7:58 P.M.)

CITY OF SHAWNEE

PACKET MEMORANDUM

TO: Carol Gonzales, City Manager

FROM: Paul Chaffee, Planning Director

DATE: June 4, 2014

SUBJECT: Acceptance of Dedication of Land or an Interest Therein for Public Purposes Contained in the Final Plat for Monticello Center, 5th Plat, 66th Street and Hilltop Drive

BACKGROUND The applicant has requested acceptance of the dedications of land, or an interest therein for public purposes, contained in FP-09-14-06, final plat for Monticello Center, 5th Plat, located at the northwest corner of 66th Street and Hilltop.

DISCUSSION The final plat has been submitted and was heard by the Planning Commission on June 2, 2014 and approved subject to the conditions listed in the staff report. In compliance with Kansas State Statute, the Governing Body must now consider acceptance of land for public purposes for FP-09-14-06, the final plat for Monticello Center, 5th Plat. The plat is a replat of one commercial lot, and creates four commercial lots on 7.76 acres. The Tanner’s building is located on one of the lots, the other three lots are vacant, and are located to the north and west of the existing building. Access to the newly created lots are through dedicated assess easements now allowed in the revised subdivision regulations for commercial properties. A copy of the Planning Commission staff report is attached.

RECOMMENDATION The Planning Commission, by a vote of 10-0, approved the final plat of Monticello Center 5th Plat, and recommended the Governing Body accept dedications of land, or an interest therein for public purposes, contained in FP-09-14-06, final plat for Monticello Center, 5th Plat, located at the northwest corner of 66th Street and Hilltop, subject to conditions as listed in the staff report.

1 2 City of Shawnee

TO: PLANNING COMMISSION DATE: JUNE 2, 2014

FROM: PLANNING STAFF

SUBJECT: FP-09-14-06; FINAL PLAT MONTICELLO CENTER, FIFTH PLAT 22300 BLOCK OF 66TH STREET PRUITT AND DOOLEY SURVEYING, LLC FOR MONTICELLO VILLAGE, LLC, OWNER

This is a consent item.

The applicant requests final plat approval for Monticello Center, Fifth Plat, a replat of a portion of Lot 25 Monticello Center, Third Plat, a commercial subdivision, generally located in the 22300 block of 66th Street. The application is filed by Pruitt and Dooley Surveying, LLC for Monticello Village, LLC, owner.

FINAL PLAT REVIEW

1. The applicant is seeking final plat approval for Monticello Center, Fifth Plat, a replat of a portion of Lot 25 Monticello Center, Third Plat, a commercial subdivision. This replat is for conveyance purposes to allow the current property owner the ability to transfer ownership of individual lots within the shopping center.

2. The subject property is 7.76 acres in size and is currently platted as Lot 25, Monticello Center, Third Plat. This lot is part of the Monticello Center shopping center and includes a multi-tenant strip retail building, a drive through restaurant and a branch bank facility. It is anticipated that the lot will be further developed with two additional multi-tenant strip retail buildings and to be determine single user retail building. A 66,210 square foot portion of Lot 25 was previously split off for the development of the branch bank facility. This portion of Lot 25 is not part of this replat.

3. The entire shopping center property, including this lot is located within the Commercial Highway (CH) zoning district.

4. Surrounding properties to the east, south and west are zoned CH and are part of the Monticello Center shopping center. A grocery store is located on a lot directly to the east. Right of way for 66th Street is adjacent to the south, while lots immediately south of the street are developed with a drive through restaurant and a multi-tenant office retail building. The lot directly to the west is currently undeveloped. Property to the north is zoned Planned Single Family (PSF) and developed with the single family homes of Woodland Park subdivision. 3

PLANNING COMMISSION RE: FP-09-14-06; MONTICELLO CENTER, FIFTH PLAT; FINAL PLAT; 22300 BLOCK OF 66TH STREET JUNE 2, 2014 PAGE 2

5. The Land Use Guide of the Comprehensive Plan indicates this area as appropriate for commercial uses, thus, the use is in compliance with the Plan. This plat is intended for conveyance purposes, and is in general conformance with the original development plan of this property.

6. All bulk requirements have been satisfied. The replat contains four lots ranging in size from 0.59 acres (25,889 square feet) to 4.05 acres (176,513 square feet). A front building line of 30 feet has been provided along 66th Street. The existing buildings are all contained within Lot 30 and meet or exceed the setback requirements for the CH zoning district. Lot 27, 28, and 29 will be conveyed to other owners for future development.

7. Primary access to these lots will be through the existing access drives from 66th Street that currently serve this shopping center. Lot 27 and Lot 30 have direct access to a public street, while Lots 28 and 29 do not have direct access to a public street. However, in accordance with Title 16, Subdivisions, of the Shawnee Municipal Code, permanent access to these two lots are provided through dedicated easements included on the plat. In addition to the plat, the applicant will be required to record a perpetual access and maintenance agreement with the Johnson County Register of Deeds office at the time the plat is recorded.

Appropriate access easements and dedication language have been provided on the plat to allow for the ingress and egress of all owners and occupants of the lots and parcels created as part of this plat. The applicant will also record with the Johnson County Register of Deeds office an amended and restated reciprocal easement agreement for the Monticello Center subdivision that provides further provisions for the perpetual cross access and parking and maintenance agreements for the shopping center.

8. All street, storm, and streetlight public improvements have previously been constructed and accepted by the City; therefore, no additional pubic improvements are required.

9. This development is not subject to the provisions of Shawnee Municipal Code (SMC) Chapter 12.26, which pertains to the City’s excise tax on new subdivision plats. This is a replat of land included in recorded subdivision, where the replat does not increase the area previously platted. The excise tax was paid as part of the original plat for this subdivision; therefore no additional excise tax is required. 10. The subdivision is not subject to the provisions of SMC 12.14, Park and Recreational Land Use Fund. The open space fee for Lot 25 was paid at the time the construction of the multi-tenant retail building on this property was completed; therefore no additional open space fee is required.

11. All utilities shall be placed underground. 4

PLANNING COMMISSION RE: FP-09-14-06; MONTICELLO CENTER, FIFTH PLAT; FINAL PLAT; 22300 BLOCK OF 66TH STREET JUNE 2, 2014 PAGE 3

12. The applicant is responsible for submitting a computation plat with the recording copies of the final plat. The computation plat should show the bearings and lengths of all lines, and the individual area, in square feet, of all lots, open space tracts, and right-of-ways, and the centerline miles of all newly dedicated streets. The County Engineer requests that all points shown on a plat be based on the Kansas State Plane Coordinate System of 1983, North Zone (NAD-83).

RECOMMENDATION

Staff recommends approval of FP-09-14-06, Final Plat for Monticello Center, Fifth Plat, a replat of a portion of Lot 25 Monticello Center, Third Plat and part of a commercial subdivision, generally located in the 22300 block of 66th Street, subject to the following conditions:

1. Acceptance of the dedications on the final plat by the Shawnee Governing Body and recording of the final plat with the Johnson County Register of Deeds shall be completed prior to the transfer of ownership of any lots contained within this replat;

2. The provisions of the excise tax were satisfied at the time the original plat for this property was recorded; therefore no additional excise tax is required;

3. The open space fee was paid at the time the construction of the multi-tenant retail building on this property was completed; therefore no additional open space fee is required;

4. The applicant will be required to record a perpetual access and maintenance agreement with the Johnson County Register of Deeds office at the time the plat is recorded;

5. Bulk regulations of the CH (Commercial Highway) zoning district shall be met as indicated on the plat;

6. All utilities shall be placed underground; and

7. The applicant is responsible for submitting a copy of the computation plat with the recording copies of the final plat.

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FP-09-14-06

Monticello Center Fifth Plat 0 180 360 720 1,080 66th St. & Hilltop Dr. Feet Pruitt and Dooley Surveying, LLC on behalf of µ 7 Monticello Village, LLC 8

CITY OF SHAWNEE

PACKET MEMORANDUM

TO: Carol Gonzales, City Manager

FROM: Paul Chaffee, Planning Director

DATE: June 17, 2014

SUBJECT: Acceptance of Dedication of Land or an Interest Therein for Public Purposes Contained in the Final Plat for Reserve at Belle Meade Farms, 7th Plat, 51st Lane and Meadowlark Drive

BACKGROUND The applicant has requested acceptance of the dedications of land, or an interest therein for public purposes, contained in FP-11-14-06, final plat for Reserve at Belle Meade Farms, 7th Plat, located at 51st Lane and Meadowlark Drive.

DISCUSSION The final plat has been submitted and was heard by the Planning Commission on June 16, 2014 and approved subject to the conditions listed in the staff report. In compliance with Kansas State Statute, the Governing Body must now consider acceptance of land for public purposes for FP-11-14-06, the final plat for Reserve at Belle Meade Farms, 7th Plat. This plat is a replat of Lots 2-4, Reserve at Belle Meade Farms solely for the purpose of removing an unnecessary building setback line adjacent to the landscape easement along the future Gleason Road. A 15-foot utility easement will remain along the west side of these three lots. Single family homes currently exist on the lots. No excise tax applies since this is a replat of an existing subdivision, and the terms of the excise tax have already been satisfied. The Planning Commission voted to forward this plat to the June 23, 2014 meeting, since the July 14, 2014 meeting has been cancelled. A copy of the Planning Commission staff report is attached.

RECOMMENDATION The Planning Commission, by a vote of 11-0, approved the final plat of Reserve at Belle Meade Farms, 7th Plat, and recommended the Governing Body accept dedications of land, or an interest therein for public purposes, contained in FP-11-14-06, final plat for Reserve at Belle Meade Farms, 7th Plat, located at 51st Lane and Meadowlark Drive, subject to conditions as listed in the staff report.

9 10 City of Shawnee

TO: PLANNING COMMISSION DATE: JUNE 16, 2014

FROM: PLANNING STAFF

SUBJECT: FP-11-14-06; FINAL PLAT RESERVE AT BELLE MEADE FARMS, 7TH PLAT 51ST LANE AND MEADOWLARK DRIVE PRUITT AND DOOLEY SURVEYING, LLC FOR KEVIN BOCKWINKEL, DEVELOPER

This is a consent item.

The applicant requests final plat approval for Reserve at Belle Meade Farms, 7th Plat, a replat of Lots 2, 3, and 4, Reserve of Belle Meade Farms, located at 51st Lane and Meadowlark Drive. The application is filed by Pruitt and Dooley Surveying, LLC for Kevin Bockwinkel, developer.

FINAL PLAT REVIEW

1. The applicant is seeking final plat approval for Reserve at Belle Meade Farms, 7th Plat, a replat of Lots 2, 3, and 4, Reserve of Belle Meade Farms. The property is zoned RS (Residential Suburban) and contains three lots on 79,523 square feet (1.83 acres). All three lots are currently developed with single family homes.

2. This replat is intended for conveyance purposes only. The primary purpose of this replat is to remove an unnecessary rear building setback line adjacent to the landscape tract along the future Gleason Road. The platted 35 foot rear building line coupled with the 15 foot landscape tract has created an unintended minimum 50 foot separation from Gleason Road right-of-way for all structures. Currently, as platted, no structures may be placed within the setback area. However, removing the existing platted building line will allow lot owners more flexibility in the use and placement of small accessory structures in the rear yard. The lots will still be subject to a 35 foot rear building line, but accessory structures under 250 square feet would be allowed to be located in this setback area as long as minimum 5 foot setback is maintained. A fifteen (15’) foot utility easement will remain along the west side of these three lots, so in reality, those small accessory structures will have to maintain at least a fifteen foot setback from the rear property line. This in addition to the platted landscape tract will create a minimum 30 foot separation from the right-of-way line from future Gleason Road.

The replat also helps to clean up a lot split between Lots 2 and 3 (as platted, now described as Lot 46 and 47). A small 1,474 square foot sliver was previously transferred from Lot 3 (Lot 47) to Lot 2 (Lot 46) to allow Lot 2 a little more width at the back of the lot.

PLANNING COMMISSION RE: FP-11-14-06; RESERVE AT BELLE MEADE FARMS, 7TH PLAT; FINAL PLAT; 51ST LANE AND MEADOWLARK DRIVE JUNE 16, 2014 PAGE 2

3. Adjacent properties to the north, east and south are zoned RS and developed with single family homes of the Reserve of Belle Meade Farms subdivision. Property to the west is zoned RE (Residential Estates) and includes right-of-way for future Gleason Road and single family homes of Belle Meade Farms subdivision.

4. The Land Use Guide of the Comprehensive Plan indicates low density residential uses for this area, thus the plat is in conformance with the Plan.

5. All bulk requirements have been satisfied. The size and shape of these two lots remain essentially unchanged as originally platted, with the exception of the small 1,474 square foot sliver as per a previous lot split. All three lots exceed the minimum 12,000 square feet size and 90 feet frontage requirements of the RS zoning district. Platted setback lines and easement lines remain unchanged, except for the platted rear building line that is being removed as part of this replat.

6. Access to these lots will be from existing drives off of 51st Lane and Meadowlark Drive. Public access for emergency service purposes is satisfactory.

7. This development is not subject to the provisions of Shawnee Municipal Code (SMC) Chapter 12.26, which pertains to the City’s excise tax on new subdivision plats, as this is a replat of lots that have already paid an excise tax.

8. All public improvements required for the original plat have been completed, inspected, and accepted by the City, there for no additional public improvements are required.

9. This subdivision is not subject to the provisions of Shawnee Municipal Code (SMC) Chapter 12.14, Park and Recreational Land Use Fund, as this is a replat of existing developed lots.

10. The applicant is responsible for submitting a computation plat with the recording copies of the final plat. The computation plat should show the bearings and lengths of all lines, and the individual area, in square feet, of all lots, open space tracts, and right-of-ways, and the centerline miles of all newly dedicated streets. The County Engineer requests that all points shown on a plat be based on the Kansas State Plane Coordinate System of 1983, North Zone (NAD-83).

11. The City Council cancelled its July 14, 2014 meeting; therefore, the Planning Commission should consider recommending the final plat be placed on the City Council June 23, 2014 meeting agenda, to prevent any unnecessary delays to the applicant.

PLANNING COMMISSION RE: FP-11-14-06; RESERVE AT BELLE MEADE FARMS, 7TH PLAT; FINAL PLAT; 51ST LANE AND MEADOWLARK DRIVE JUNE 16, 2014 PAGE 3

RECOMMENDATION

Staff recommends approval of FP-11-14-06, Final Plat for Reserve of Belle Meade Farms, 7th Plat, a replat of Lots 2, 3, and 4, Reserve of Belle Meade Farms, located at 51st Lane and Meadowlark Drive, subject to the following conditions:

1. Acceptance of the dedications on the final plat by the Shawnee City Council and the recording of the final plat with the Johnson County Department of Records and Tax Administration shall be completed;

2. The plat contains three lots on 1.82 acres;

3. All bulk regulations of the RS zoning district shall be met;

4. The applicant is responsible for submitting a copy of the computation plat with the recording copies of the final plat, and

5. This plat will be forwarded to the June 23, 2014 City Council meeting, since the July 14, 2014 meeting has been cancelled.

13 14 AG R-1

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FP-11-14-06 Reserve At Belle Meade Farms, 7th Plat 0 90 180 360 540 Lots 2, 3, and 4, Reserve At Belle Meade Farms Feet Pruitt and Dooley Surveying µ 15 16

CITY OF SHAWNEE

PACKET MEMORANDUM

TO: Carol Gonzales, City Manager

FROM: Paul Chaffee, Planning Director

DATE: June 17, 2014

SUBJECT: Acceptance of Dedication of Land or an Interest Therein for Public Purposes Contained in the Final Plat for Cherry Park, 10800 block of West 49th Street

BACKGROUND The applicant has requested acceptance of the dedications of land, or an interest therein for public purposes, contained in FP-12-14-06, final plat for Cherry Park, located in the 10800 block of west 49th Street.

DISCUSSION The final plat has been submitted and was heard by the Planning Commission on June 16, 2014 and approved subject to the conditions listed in the staff report. In compliance with Kansas State Statute, the Governing Body must now consider acceptance of land for public purposes for FP-12-14-06, the final plat for Cherry Park. The property is currently unplatted. The property is zoned R-1 (Single Family Residential). The plat contains three single family residential lots. An older home is currently located on Lot 1, and will be demolished, and a new residence constructed on the lot. In a separate action, the Governing Body will consider an Excise Tax Abatement agreement for the subdivision. The Planning Commission voted to forward this plat to the June 23, 2014 meeting, since the July 14, 2014 meeting has been cancelled. A copy of the Planning Commission staff report is attached.

RECOMMENDATION The Planning Commission, by a vote of 11-0, approved the final plat of Cherry Park and recommended the Governing Body accept dedications of land, or an interest therein for public purposes, contained in FP-12-14-06, final plat for Cherry Park, located at in the 10800 block of West 49th Street, subject to conditions as listed in the staff report.

17 18 City of Shawnee

TO: PLANNING COMMISSION DATE: JUNE 16, 2014

FROM: PLANNING STAFF

SUBJECT: FP-12-14-06; FINAL PLAT CHERRY PARK 10800 BLOCK OF WEST 49TH STREET SCHLAGEL & ASSOCIATES, P.A. FOR CHERRY PARK PROPERTIES, LLC, OWNER

This is a consent item.

The applicant requests final plat approval for Cherry Park, a three lot single-family residential subdivision, located in the 10800 block of 49th Street. The application is filed by Schlagel & Associates, P.A. for Cherry Park Properties, LLC, owner.

FINAL PLAT REVIEW

1. The applicant requests final plat approval for a three lot single-family residential subdivision.

2. The subject property is 2.01 acres in size and is currently unplatted. An older home, constructed in the 1950s is located on proposed Lot 1 at the southeast corner of the property. The applicant has indicated their intention of demolishing the existing home and constructing a new home in its place.

3. The subject property is zoned R-1 (Single Family Residential). The surrounding properties in all directions are also zoned R-1 and developed with older single family homes and legal non-conforming duplexes.

4. The Land Use Guide of the Comprehensive Plan indicates this property as appropriate for medium density residential development. This is likely a result of the adjacent legal non- conforming duplex units to the west and south. The majority of the surrounding areas are shown as appropriate for low density single family residential development. Given the underlying zoning of R-1 for all the properties in the area, including the applicant’s property, the proposed use of the property as a low density single family residential subdivision is appropriate. The plat will provide for two new single family lots (a total of three newly constructed homes) for an infill project that is compatible with the area.

5. All bulk requirements have been satisfied. All three lots are nearly equal in size and shape with approximately 27,050 square feet in area and 87.5 feet in width, thus exceeding the minimum requirements of the R-1 zoning district. Minimum lot frontages 19

PLANNING COMMISSION RE: FP-12-14-06; CHERRY PARK; FINAL PLAT; 10800 BLOCK OF WEST 49TH STREET JUNE 16, 2014 PAGE 2

of 75 feet have been provided, and front yard setbacks of 30 feet are shown on the final plat. The total width of both side yards shall be no less than 20 percent of the total lot width with no side yard less than seven feet. Rear yard setbacks shall be a minimum of 30 feet.

6. Direct access to the individual lots will be from 49th Street. Access is acceptable for circulation and public safety purposes.

7. The public street improvements required for this development shall be designed and constructed in accordance with the standards of the Shawnee Design and Construction Manual.

a. This development is located on an existing ditch section road. The change in grade from the east to the west property line is minimal; therefore, the existing ditch is almost non-existent and installing culverts under the future driveways are not feasible. As such, City staff has determined the most practical solution is to regrade the ditch and construct the future residential driveways with a low point that matches the flowline of the ditch and allows the water to travel across the driveway. A detail of the driveway will be required as part of the final plot plan preparation for each lot.

b. This development currently has an existing public sidewalk. The sidewalk is required to remain. The applicant has discussed demolishing the existing sidewalk and constructing a new sidewalk one foot in from the right-of-way line in order to provide additional room to grade the ditch. City staff is agreeable to this relocation. The sidewalk shall be constructed to the standards of the Shawnee Design and Construction Manual.

8. There are no public streetlight improvements required for this project.

9. There are no public storm drainage improvements required for this project.

10. This development is subject to the provisions of Shawnee Municipal Code (SMC) Chapter 12.26, which pertains to the City’s excise tax on new subdivision plats.

a. Lot 1 consists of land not previously platted, that is improved with a permanent habitable structure, built prior to July 1, 1998, and therefore, is exempt from the excise tax.

b. Excise tax does apply to Lot 2 and 3. The excise tax for these two lots is estimated to be is $11,623.03 based on an area of roughly 54,060.61 square feet at the current rate of $0.215 per square foot. The final calculation of excise tax will be figured using the excise tax rate in effect at the time final plat is recorded. 20

PLANNING COMMISSION RE: FP-12-14-06; CHERRY PARK; FINAL PLAT; 10800 BLOCK OF WEST 49TH STREET JUNE 16, 2014 PAGE 3

c. The developer may enter into an Excise Tax Abatement Agreement with the City that would allow for the suspension, partial or in full, for the excise tax due, provided the final plat is approved and recorded prior to expiration of the suspension of the excise tax as set by the City. This agreement between the property owner and the City shall be created, agreed upon, and executed prior to obtaining the Mayor’s signature on the recording copy of the final plat.

11. The subdivision is not subject to the provisions of SMC 12.14, Park and Recreational Land Use Fund. Open space fees of $400 per residential lot for 2 lots ($800) shall be paid prior to the issuance of a building permit. Lot 1 contains an existing permanent habitable structure; therefore it is exempt from the open space fee.

12. This development is subject to the provisions of SMC, Chapter 11.24, Stormwater Detention, which pertains to the construction and maintenance of on-site stormwater detention facilities to restrict the quantity of post-development stormwater runoff. On- site detention is not mandatory as there are no known flooding concerns downstream of this development. Accordingly, the applicant will comply with these regulations by paying a detention fee of $350.00 for each lot instead of constructing an on-site facility. The fee must be paid prior to the recording of the final plat because no public improvements are required for the development.

13. This development is not subject to the provisions of SMC, Chapter 11.16, Stormwater Treatment, which pertains to the implementation of Stormwater Treatment Facilities (STF) to preserve and enhance the quality of stormwater runoff. This is a development that has deep lots and over 50% of each lot will be preserved and remain undisturbed during construction. Additionally the total number of lots being created by this development is less than five (5). As such, the City has determined that due to the minimal impact this development will have on stormwater quality STFs will not be required.

14. Telephone, electric and cable service facilities are to be placed within rear and side yards as required by Policy Statement PS-24, except as specifically varied or waived by action of the City Council. If the City Council approves the placement of utilities within the front yard, then such utilities are to be placed within the right-of-way and not within easements adjacent to the right-of-way. When an easement is needed specifically for either a sanitary or stormwater sewer, the easement must specify the intended use.

15. All utilities shall be placed underground.

16. The Fire Chief shall approve all fire hydrant and fire lane locations. Any required hydrants shall be installed prior to issuance of a building permit.

PLANNING COMMISSION RE: FP-12-14-06; CHERRY PARK; FINAL PLAT; 10800 BLOCK OF WEST 49TH STREET JUNE 16, 2014 PAGE 4

17. All public improvements for this development shall be constructed according to the applicable standards in the Shawnee Design and Construction Manual. A public improvement permit will be required for all public street, storm, and streetlight improvements. Building permits will not be release for this development until all public improvements have been completed and accepted by the City.

18. This development is subject to the provisions of SMC, Chapter 11.20, Land Disturbance Activity, which pertains to site grading and erosion control measures.

a. The applicant (landowner) is responsible for obtaining a land disturbance permit as required by Codes Administration prior to undertaking any land disturbance or construction activities on the development site.

b. Prior to the issuance of a land disturbance permit for development sites greater than one acre, the applicant is responsible for submitting separate land disturbance plans for review and acceptance by Code Administration. The site grading and erosion control measures depicted on those plans must be prepared in accordance with SMC, Chapter 15.04, International Building Code, the Shawnee Design and Construction Manual, and all other applicable policies statements and administrative rules.

c. The applicant is responsible for submitting a site-specific Stormwater Pollution Prevention Plan prepared in accordance with SMC, Chapter 15.04, International Building Code, the Shawnee Design and Construction Manual, and in compliance with the Kansas Department of Health and Environment (KDHE) General Permit for the U.S. Environmental Protection Agency’s National Pollutant Discharge Elimination System Permit (NPDES) program for stormwater runoff from construction activities.

d. For development sites greater than one acre, the applicant is responsible for submitting a Notice of Intent (NOI) for Storm Water Runoff from Construction Activities and obtaining such permits as required by KDHE prior to undertaking any land disturbance or construction activities on the development site. The applicant must submit to the City a copy of the NOI prior to the issuance by the City of a Land Disturbance Permit for the development site.

e. The applicant is responsible for obtaining such permits as may be required by the U.S. Army Corps of Engineers (USACE) for grading activities covered by Section 401 (Water Quality Certification), Section 402 (Wetlands), and Section 404 (Waters of the United States) of the Clean Water Act.

19. The applicant is responsible for submitting a computation plat with the recording copies of the final plat. The computation plat should show the bearings and lengths of all lines, 22

PLANNING COMMISSION RE: FP-12-14-06; CHERRY PARK; FINAL PLAT; 10800 BLOCK OF WEST 49TH STREET JUNE 16, 2014 PAGE 5

and the individual area, in square feet, of all lots, open space tracts, and right-of-ways, and the centerline miles of all newly dedicated streets. The County Engineer requests that all points shown on a plat be based on the Kansas State Plane Coordinate System of 1983, North Zone (NAD-83).

20. The City Council cancelled its July 14, 2014 meeting; therefore, the Planning Commission should consider recommending the final plat be placed on the City Council June 23, 2014 meeting agenda, to prevent any unnecessary delays to the applicant.

RECOMMENDATION

Staff recommends approval of FP-12-14-06, Final Plat for Cherry Park, a three lot single-family residential subdivision, located in the 10800 block of 49th Street, subject to the following conditions:

2. The plat contains three lots on 2.01 acres;

3. The provisions of the excise tax shall be satisfied prior to the Mayor signing the recording copies of the final plat. The developer may enter into an Excise Tax Abatement Agreement with the City that would allow for the suspension, partial or in full, of the excise tax due, provided the final plat is approved and recorded prior to expiration of the suspension of the excise tax as set by the City. This agreement between the property owner and the City shall be created, agreed upon, and executed prior to obtaining the Mayor’s signature on the recording copy of the final plat;

4. Open space fees in the amount of $400 per residential lot, or the current open space fee rate in effect at the time a building permit is applied for, shall be paid prior to the issuance of a building permit, as provided by Shawnee Municipal Code (SMC) 12.14. Lot 1 contains an existing permanent habitable structure; therefore it is exempt from the open space fee;

5. All bulk regulations of the R-1 zoning district shall be met, including minimum lot size of 9,000 square feet and minimum lot width of 75 feet. Front yard setbacks shall be 30 feet as shown on the plat. The total width of both side years shall be no less than 20 percent of the total lot width with no side yard less than seven (7) feet. Rear yard setback shall be no less than 30 feet;

PLANNING COMMISSION RE: FP-12-14-06; CHERRY PARK; FINAL PLAT; 10800 BLOCK OF WEST 49TH STREET JUNE 16, 2014 PAGE 6

6. Telephone, electric and cable service facilities are to be placed within rear and side yards as required by Policy Statement PS-24;

7. All utilities shall be placed underground;

8. The Fire Chief shall approve all fire hydrant locations. Any required hydrants shall be installed prior to issuance of a building permit;

9. This development is subject to the provisions of SMC, Chapter 11.20, Land Disturbance Activity, which pertains to site grading and erosion control measures. The applicant is responsible for obtaining a land disturbance permit as required by Codes Administration prior to undertaking any land disturbance or construction activities on the development site. The site grading and erosion control measures depicted on those plans must be prepared in accordance with SMC, Chapter 15.04, International Building Code, the Shawnee Design and Construction Manual, and all other applicable policies statements and administrative rules;

10. The applicant is responsible for obtaining all such permits as may be required by all Federal, State, and Local agencies, including but not limited to the Kansas Department of Health and Environment (KDHE), Kansas Division of Water Resources (DWR), and U.S. Army Corps of Engineers (USACE);

11. The applicant is responsible for submitting a copy of the computation plat with the recording copies of the final plat, and

12. This plat will be forwarded to the June 23, 2014 City Council meeting, since the July 14, 2014 meeting has been cancelled.

24 25 W 47TH ST

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FP-12-14-06 Cherry Park 0 75 150 300 450 10800 Block of 49th St. Feet 26Schlagel & Associates on behalf µ of Constance Klein, owner

CITY OF SHAWNEE

PACKET MEMORANDUM

TO: Carol Gonzales, City Manager

FROM: Mark Hein, Police Captain

DATE: June 13, 2014

SUBJECT: Consider Agreements to provide School Resource Officer Services to the Shawnee Mission and De Soto School Districts

BACKGROUND: For many years, the City has participated in agreements to provide School Resource Officer (SRO) services to both the Shawnee Mission and De Soto School Districts. Both school districts indicate that they would like this to continue for the upcoming school years.

DISCUSSION: The service agreement with the Shawnee Mission School District covers a two-year time period, from August 12, 2014 to the last day of school, no later than May 29, 2016. The beginning and ending dates for the Shawnee Mission School District for the 2015-2016 school year have yet to be set.

The service agreement with the De Soto School District is for a one year time period, from August 18, 2014 to the last day of school, no later than May 22, 2015 for the De Soto School District. The De Soto School District was unable to enter into a two year agreement at this time.

The format of the agreements and payment structure are the same as previous years.

FINANCIAL INFORMATION: The Shawnee Mission School District agrees to compensate the City a daily rate of $185 for each day a SRO is performing their duties in school. The De Soto School District agrees to compensate the City in the amount of $48,008 for SRO Services.

An annual fund transfer from the City’s Special Alcohol Revenue Fund to the Police Department’s Support Services Salaries line item is used to offset the costs of the SROs salaries and benefits not covered by the school districts compensation to the City.

TO: Carol Gonzales, City Manager FROM: Mark Hein, Police Captain DATE: June 13, 2014 SUBJECT: Consider Agreements to provide School Resource Officer Services to the Shawnee Mission and De Soto School Districts PAGE: 2

RECOMMENDATION: Staff recommends the Governing Body: a) Approve the two year SRO Service Agreement between the City and Shawnee Mission School District, and authorize the Mayor to sign the Agreement.

b) Approve the one year SRO Service Agreement between the City and De Soto School District, and authorize the Mayor to sign the Agreement.

28 29 30 31 32 33 34 35 36

CITY OF SHAWNEE

PACKET MEMORANDUM

TO: Carol Gonzales, City Manager

FROM: Paul Chaffee, Planning Director

DATE: June 4, 2014

SUBJECT: Reappointments to the Planning Commission

BACKGROUND Chapter 2.36 of the Shawnee Municipal Code establishes the Planning Commission in compliance with Kansas Statutes. The Planning Commission helps with the development of the City’s Comprehensive Plan, hears requests for zoning changes and approves development plans for new business sites and subdivisions, making sure that plans comply with City ordinances and the Comprehensive Plan.

The Commission consists of 11 residents who are appointed by the Mayor, with the consent of the City Council. The term of office is three years.

DISCUSSION Brandon Kenig, first appointed February 27, 2012; James Schnefke, first appointed September 28, 2009; and Alan Willoughby, first appointed December 9, 2013, currently serve on the Planning Commission. All three appointments are due to expire on June 30, 2014. Commissioners Kenig, Schnefke, and Willoughby have expressed interest in continuing to serve on the Planning Commission.

RECOMMENDATION Mayor Meyers recommends the following reappointments to the Planning Commission: a) Reappoint Brandon Kenig to the Planning Commission with a term expiring June 30, 2017; b) Reappoint James Schnefke to the Planning Commission with a term expiring on June 30, 2017; and c) Reappoint Alan Willoughby to the Planning Commission with a term expiring on June 30, 2017.

37 38 B R A N D O N K E N I G 13502 W. 72nd Street Shawnee, KS 66216 913-548-3297 [email protected]

Education: Creighton University, 2008 Bachelor of Science in Business Administration — Marketing Co-major: Political Science GPA: 3.95/4.0

Software Skills: Word, Excel, PowerPoint, Access, Publisher, Photoshop, Illustrator, Oracle for Business, Google Analytics, Google Webmaster Tools, Bing Webmaster Tools, Google AdWords, Adobe Site Catalyst

 SEO Manager, VinSolutions/Haystak Digital Marketing, May 2013 – Present  Lead and manage a team of four employees who address and troubleshoot SEO and data issues for our software platform.  Direct SEO strategy for our software platform, corporate website, and client websites  Collaborate with development team to identify search marketing-related enhancements for our monthly platform updates  Manage digital advertising campaigns (SEM/PPC) for our clients via Google AdWords and manage vendor relationships for data needs.

 Online Community Builder, MindMixer, September 2012 – Present  Manage Google Analytics Account, monitor key online traffic metrics, and provide reporting and recommendations for marketing strategy to meet performance benchmarks  Direct and execute online advertising strategy, including creation of ad content for Facebook, Google Adwords, and YouTube – both brand-level and client-specific  Generate documentation for client tutorials reference guides, including social media best practices, outreach playbooks, and site launch timelines checklists  Dialogue with clients on optimal outreach strategies and integration of social media efforts with site launch to amplify awareness and engagement

 Media & Analytics Manager, AMC Entertainment, Inc., February 2012 – August 2012  Reported, aggregated, and modeled metrics and analytics for website and all social channels to track major film initiatives and rollouts, plan for media purchases  Execution of two nationwide promotions, integrated across all online and digital channels  Initiated and directed our brand localization effort across web & social media channels to drive user engagement  Proposed an overhaul of the company's social media policies to bring AMC into legal compliance with NLRB federal guidelines  Served as liaison for industry & promotional partners such as Warner Bros., Coca-Cola  Managed overhaul of user interface and software design for automated box office machines for more user-friendly experience based on guest feedback and user research

 Constituent Services Representative, U.S. Senator Jerry Moran, Jan. 2011 – Jan. 2012  Handled and managed casework for constituents on veterans and military issues  Drafted correspondence to constituents, community organizations, and local governments  Responded to constituent phone and email inquiries and convey the Senator’s issue positions and stances to the public  Represented the Senator at local community events and local government functions

 Account Manager, iModules Software, Inc., June 2009 – January 2011  Delivered high customer satisfaction primarily by growing client accounts and helping clients attain the full potential of their web and online networking tools.  Partnered with clients to develop strategic marketing goals and effective branding to enhance their online communities, email marketing, web content, and social networking  Led my department in client retention (92% of my clients renewed their contracts, generating over $500,000 in revenue in 2010 alone) and ranked second in the firm for 39 generating additional client revenues via add-on ancillary services ($70,000 in 2010)

Academic Achievements:

 Summa Cum Laude graduate (3.95 GPA)  Nominated for National Dean’s List, top ½ of 1% of the nation’s top college students  National Society of Collegiate Scholars  Beta Gamma Sigma business honorary society—top 5% of business students

Activities and Service:

Anna Tyler Waite Leadership Program  Dean’s Honor Roll for Social Responsibility  Knights of Columbus  FOCUS (church youth group) — Over 80 hours of community service  Young Adult Advisory Council (YAAC) — Johnson County Library youth outreach  “Operation Uplink” Veterans of Foreign Wars (VFW) military fundraiser

Leadership Positions:

Planning Commission, City of Shawnee Commissioner (2012-present) – appointed by mayor and city council to board which approves development proposals, hears zoning requests, and grants land-use permits

Johnson County Heritage Trust Grant Review Board Board Member (2011-present) — appointed by the Johnson County Commission to the board which allocates hundreds of thousands of dollars to site projects and exhibits that promote, showcase, and advance the heritage and history of the county.

Creighton University Alumni Advisory Board – Kansas City Board Member (2011-2013) — plan, coordinate networking events and social activities for the Kansas City area; motivate and engage young alumni; grow and sustain club membership

Kansas Young Republicans Chairman (2013-present) — represent Kansas at national Young Republican board meetings and conventions; meet with county club leaders; assist in building and growing new chapters throughout the state.

Seven Hills Farms Home Owners Association President (2012-present) — attend board meetings and assist in the planning of neighborhood events and HOA policies

Social Media & Online Brand Management

 New Media Manager, Yoder for Congress, December 2009 – November 2010 o Managed news content on candidate website and assisted in overall site design o Assisted with email marketing efforts o Co-managed candidate’s Facebook, Twitter, and YouTube accounts o Managed candidate’s online brand and name exposure through Google Ads, Facebook ads, and maintenance of candidate’s Wikipedia page o Managed candidate’s text messaging account and strategy  Chairman, Johnson County Young Republicans, 2009 – 2012 o Designed and maintained new and first-ever organization website o Produced weekly e-newsletter for members o Managed Facebook, Twitter, and YouTube channels 40  Co-Director of national blog for “Students for Giuliani,” 2007-2008

June 9, 2014

Mayor Jeff Meyers City of Shawnee 11110 Johnson Drive Shawnee, Kansas 66203

Dear Mayor Meyers,

I am currently a resident of Shawnee with my wife and four children, having lived in Shawnee since moving from St. Louis in 1996. My wife has her own business as an Independent Distributor for Reliv International; she also is a free-lance residential interior designer. Three of our sons are graduates at Kansas State University; our youngest son will be a third year engineering student at KSU.

I am Vice President of Business Development at P1 Group. P1 is the largest MEP contractor in the Kansas City metro, with a local office in Lenexa, Kansas. My responsibilities involve qualifying and negotiating contracts with general contractors such as JE Dunn, Turner, and McCown Gordon. P1 Group specialized in healthcare, industrial, and mission critical projects.

My educational background is a BS in Business Administration from the University of Missouri-Columbia, and MBA from Lindenwood College, St. Charles Missouri. I received a real estate sales license in October, 2009.

As Vice President of Business Development for P1 Group., I hold several leadership positions in the business community, including:  Past Chair of the Lenexa EDC  Past Chair Lenexa Chamber Board  Lenexa Chamber Former Executive Board, Secretary Treasurer  Olathe Chamber/EDC  Independence EDC Executive Board  Overland Park South Rotary Club, President Elect  Member-Urban Land Institute  Member-National Association of Office and Industrial Professionals. Memberships in these organizations have exposed me to other communities’ approach to development, building construction, tax incentives, etc.

Sincerely,

James D. Schnefke 5345 Albervan Shawnee, Kansas 66216 913-486-9578 41 42 CITY OF SHAWNEE

PACKET MEMORANDUM

TO: Carol Gonzales, City Manager

FROM: Paul Chaffee, Planning Director

DATE: May 19, 2014

SUBJECT: Reappointments to the Board of Zoning Appeals

BACKGROUND Shawnee Municipal Code 17.96 creates the Board of Zoning Appeals (BZA). The BZA consists of seven members who must be taxpayers and residents of the City. All positions are at-large appointments as prescribed by State Statute.

DISCUSSION Mark Fabac, first appointed September 28, 2009; and Bob Waters, first appointed August 13, 2012, currently serve on the Board of Zoning Appeals. Their two appointments are due to expire on June 30, 2014. Both members have expressed interest in continuing to serve on the Board of Zoning Appeals.

RECOMMENDATION Staff recommends the Mayor: a) Reappoint Mark Fabac to the Board of Zoning Appeals with a term expiring on June 30, 2017; and b) Reappoint Bob Waters to the Board of Zoning Appeals with a term expiring on June 30, 2017.

43 44 Mark Fabac 5305 Round Prairie Street Shawnee, KS 66226 (913) 515-6206

September 9, 2009

Mayor Jeff Meyers City Hall 11110 Johnson Drive Shawnee, KS 66203

Re: Shawnee Board of Zoning Appeals

Mayor Jeff Meyers:

I understand that there is an opening on the Shawnee Board of Zoning Appeals. Please consider me for the open position. I am genuinely interested in local development and understand the importance of the commissions’ guidance and direction on projects while conforming to City ordinance and Shawnee’s Master Plan. In my profession, I am constantly working with local sign and zoning ordinances, on behalf of my clients.

As a Shawnee resident and business owner, I have a desire to participate and give back to the community. Since opening Sign-A-Rama in September 2005, I have been involved in the Shawnee Chamber of Commerce and I participated in the Shawnee Tomorrow Leadership program in 2007. Shelly and I also do what we can to help support Shawnee Days, Wonderscope, and the Sunflower House.

Prior to becoming a business owner in Shawnee, I held various positions within the sign industry in 3 metropolitan cities from 2001 to 2005. Also, I have 17 years of manufacturing experience, 6.5 of those in a leadership position (Sr. Foreman).

Please do not hesitate to call me if you should have any questions or you require additional information. Thanks for your consideration!

Mark Fabac Mark Fabac cc: Carol Gonzales

45 July 17, 2012

Re: Board of Zoning Appeals

Dear Mayor Meyers

My name is Bob Waters and I live in the Cypress Pointe Villas community on Midland Drive. Warren Pray is my neighbor. I received a phone call from him and he told me that he was resigning as a member of the BZA committee. He asked me if I would be interested in filling his position and suggested I write a brief letter sharing my background.

I am 63 years old and have lived in the greater Kansas City area all of my life. I have been a self-employed contractor for most of my 43 working years. I've built houses and recently completed Cypress Pointe Villas, a 26 unit Maintenance Provided Community on Midland Drive.

I have also worked on Shawnee's annual sidewalk and curb rehab projects for seven to eight years. My wife is a Realtor with Reece and Nichols Westglen office and we are both semi- retired.

I have attended two years of junior college after high school, but as a rule, common sense is my guide.

If you have any questions, feel free to contact me by email at [email protected] or by phone, 913-238-6980.

Kind regards

Bob Waters

CITY OF SHAWNEE

PACKET MEMORANDUM

TO: Carol Gonzales, City Manager

FROM: Paul Chaffee, Planning Director

DATE: June 4, 2014

SUBJECT: Appointment to the Planning Commission

The Commission consists of 11 residents who are appointed by the Mayor, with the consent of the City Council. The term of office is three years.

DISCUSSION The Planning Commission has a vacancy due to the request by Wendy Hageman not to be reappointed at the conclusion of her term on June 30, 2014. Randy Braley, who currently serves on the Park and Recreation Advisory Board, has expressed an interest to the Mayor in being appointed to the Planning Commission. His letter of interest and resume is included.

RECOMMENDATION Mayor Meyers recommends the appointment of Randy Braley to the Planning Commission with a term ending on June 30, 2017. A letter and resume for Mr. Braley are attached.

47 48

November 18, 2013

Mr. Jeff Meyers Mayor City of Shawnee, Kansas 6636 Lind Road Shawnee, KS 66217

Re: Letter of Interest Serving on Planning Commission

Mayor Meyers:

I would like to express my interest in serving on the Planning Commission, as I understand there is a vacancy to be filled.

As you are aware I currently serving on the Parks & Recreation Advisory Board and have enjoyed playing an active role in shaping the future of Shawnee, this included serving on the Advisory Committee for Erfurt Park.

I have attached my resume for your review, and as you will see I have a long history working in the architectural and engineering industry. This background I feel provides a good foundation and understanding of planning and development to make me a productive member of the Planning Commission. In addition, I am a graduate of Shawnee Tomorrow and have served on several committees for the Chamber as well as served as Co-Chair of the Shawnee Rebranding Committee.

Thank for your consideration of me for this position. Please feel free to contact me if you need me to provide more information or if you have any questions.

Sincerely,

Randy Braley

...... 23537 W 74th Terrace Shawnee, KS 6622749 816.589.6131 www.randybraley.com Randy S. Braley 23537 West 74th Terrace Shawnee, Kansas 66227 913.441.4763 (home) 816.589.6131 (mobile) [email protected]

WORK HISTORY

Randy Braley Photography Owner [November 2010 – Present] – Owner and photographer specializing in portraits, editorial, corporate & adventure lifestyle and editorial photography.

Braley Consulting Partner [November 2010 – Present] – Providing marketing and branding consulting to small and mid-size businesses.

HNTB Architecture Sr. Marketing Coordinator [July 2008 – October 2010] – Responsible for managing numerous activities within the Marketing Department including: proposal and interview activities with the Sports Architecture design studio.

• Managed and prepared proposals for complex Design-Build proposals as well as subsequent interviews. • Managed marketing activities for Sports Architecture design studio, specifically working with Director to plan and execute a yearly plan, lead weekly status meetings, report on activities and monitor industry trends. • Coordinated photography for all HNTB architecture design studios, including selection of photographers, budgeting and on-site oversight of each photo shoot.

Bucher, Willis & Ratliff Corporation Director of Marketing [November 2006 – June 2008] – Responsible for directing the marketing efforts for BWR and its nine regional offices. Responsibilities include:

• Directed launch of new BWR brand including managing the efforts of the branding consultant and training of all 220+ staff members • Organized and facilitated strategic visioning session based on “Good to Great” principles • Manage and review individual team Business Action Plans • Manage staff of three: Graphics Manager, Marketing Coordinator and Administrative Assistant • Conduct on-site regional office visits to facilitate coordination of marketing initiatives • Assist teams in the preparation of proposals to be submitted to clients • Strategy development for client interviews • Conduct training on marketing related topics • Preparation of Annual Marketing Budget

Marketing Manager [July 2005 – November 2006] – Responsible for serving the needs of the firm’s seven offices. Responsibilities include managing public relations activities, administration of marketing database, strategic planning and branding.

• Manage branding initiative and serve as point of contact for branding consultant 50 • Responsible for CRM database which manages client and project data • Participate in strategic planning for entire firm, including development of tactical action plans • Generate press releases announcing firm accomplishments • Perform audit of firm’s participation in client and professional associations • Review and evaluate proposals prepared by various offices – prepare recommendations for improvement • Assist Kansas City office with select business development activities

360 Architecture/CDFM2 Architecture Marketing Specialist [May 2000 – July 2005] – Responsible for all facets of marketing from business development to in-house marketing support.

• Designed & implemented new layout for proposals, including covers and content format • Responsible for layout & design of interview collateral • Preparation of design award submissions (AIA, Cornerstone, DBIA, IES, and others) • Participated in brainstorming sessions for direct mail campaigns and other marketing programs • Solely responsible for planning & implementation of Deltek CRM/Proposal and Vision Software • Participated on Corporate website planning team • Liaison between designers and photographer for project photo shoots • Represented Firm at industry tradeshows

Structural Engineering Associates, Inc. Marketing Manager [August 1997 - May 2000] – Responsible for establishing a marketing position within the firm as well as creating and executing a plan to support the overall marketing goals of the firm.

• Evaluated marketing efforts and identified opportunities for enhancement • Developed and maintained relationships with architectural client base • Evaluated various market sectors and identified leads within each • Developed client tracking database utilizing Microsoft Access • Designed and produced marketing collateral for general promotion, proposals and statements of qualification • Designed and produced presentation graphics for project interviews

Shafer, Kline & Warren, Inc. Marketing Manager [April 1989- August 1997] – Responsible for managing numerous activities within the Marketing Department including: proposal and presentation activities, collateral material preparation, special events, advertising, corporate identity, merger communication and transition, and internal communication.

• Solely responsible for proposal coordination and preparation • Developed and administered an internal “Marketing Needs Assessment” • Developed and implemented a computerized proposal tracking system • Developed a computerized tracking system for client contacts • Managed development of corporate brochure • Developed communication strategies and new corporate identity following merger with A.C. Kirkwood & Associates • Organized and managed annual client golf tournament for 7-years • Managed employee recognition program

51 EDUCATION University of Missouri – Kansas City Bachelor of Business Administration/Marketing – 1988

PROFESSIONAL/CIVIC INVOLVEMENT • Shawnee, Kansas Parks & Recreation Advisory Board (2011 – Present) • City of Shawnee, Kansas – Co-Chair Rebranding Committee (Good Starts Here) • Leadership BWR – Graduate, Class of 2007 • Appointed Steering Committee Chairperson – 2007 & 2008 Shawnee Tomorrow Leadership Program • Committee Member - Shawnee Chamber Golf Tournament Committee [2006] • Shawnee Tomorrow Leadership Program – Graduate, Class of 2005 • Committee Member – Kansas City AIA 2005 Arts & Craftsmanship Award Program • Committee Member – TasteVin (Organization that benefits the Kansas Cancer Institute) [2002 – 2005] • Treasurer, Society for Marketing Professional Services (SMPS) - Kansas City [2002 – 2003] • Chairperson, SMPS National Conference - Minneapolis, MN [1997] • Treasurer, SMPS – Kansas City [1995 – 1996] • President, SMPS – Kansas City [1993-1994] • Van Horn High School Engineering/Technology Magnet Research Project [1994] (Assisted a student advisor with a research project to determine the marketing awareness of engineers practicing within private consulting firms.) • Kansas City Chapter Liaison, SMPS Regional Conference [1993] • President Elect, SMPS – Kansas City [1992-1993] • Education Chair, SMPS – Kansas City [1990 –1992] • Certificate of Merit – 1987 KC Art Commission Photography Competition

SOFTWARE • Adobe Photoshop • Microsoft Word • Adobe Lightroom • Microsoft Excel • Deltek CRM/Proposal • Microsoft Access • Deltek Vision • Microsoft PowerPoint

CITY OF SHAWNEE

PACKET MEMORANDUM

TO: Carol Gonzales, City Manager

FROM: Maureen Rogers, Finance Director

DATE: June 18, 2014

SUBJECT: Presentation of the 2013 Comprehensive Annual Financial Report (CAFR)

BACKGROUND The City’s financial statements and operations for 2013 were audited by Mize Houser & Company, P.A. The 2013 Comprehensive Annual Financial Report (CAFR) has been placeed in the Council boxes for review. The Independent Auditor’s Report on page 1 and 2 of the Financial Section states that the City’s financial statements fairly present the City’s ffinancial position for the year 2013.

Part of the annual audit process includes identifying opportunities for improving the management of financial resources, and for improving the internal controls over financial reportiing. The auditors communicate these comments by submitting a management letter.

DISCUSSION The management letter is attached. The auditors provided one recommendation for imprroving internal control:

# Title Management Letter Comment Staff Response 1 Capital Project  A complete list of all  Change order information is Documentation change orders approved currently maintained separately within each fiscal year for each project. SStaff will should be maintained by impplement a process to code and project. sort the change orders to create a comprehensive annual listing by year, grouped by project.

Our goal is to use these comments as the basis for setting goals to improove operations.

A representative from the audit firm will make a short presentation at the City Council meeting.

RECOMMENDATION This report is for informational purposes only. No action is required. 53 54 55 56 57 58

CITY OF SHAWNEE

PACKET MEMORANDUM

TO: Carol Gonzales, City Manager

FROM: Maureen Rogers, Finance Director

DATE: June 19, 2014

SUBJECT: Adoption of Resolutions and Approval of Ordinances Accepting the Best Bids and Authorizing the Sale and Delivery of General Obligation Internal Improvement Bonds, Series 2014A and Refunding Bonds, Series 2014B

BACKGROUND The Governing Body, customarily by resolution, accepts the best bid in the sale of general obligation (GO) bonds, as well as authorizes the issuance and delivery of the bonds. On May 27, 2014, the Governing Body authorized the sale of general obligation bonds in the approximate amount of $3,720,000 for long-term financing of the relocation of Midland Drive in conjunction with the Shawnee Plaza redevelopment project (Series 2014A). This bond issuance pays off the Series 2013A temporary notes for this public improvement project that were sold on June 10, 2013.

In addition, in the same resolution approved on May 27, 2014, the Governing Body authorized the sale of Refunding Bonds Series 2014B in the approximate amount of $20,970,000 to refinance outstanding Series 2005A and 2007A bonds for a projected savings of $821,786, as shown in the table below.

2014B Net Present Net Present Value Proposed Refunding Bonds Par Amount Value Savings Benefit* Series 2005A $2,985,000 $147,723 4.949% Series 2007A $17,985,000 $674,063 3.748% Total $20,970,000 $821,786 3.919%

The 2007A bonds primarily financed the Justice Center. Savings from Refunding Bonds Series 2014B are included in the ten-year forecasts for the Public Safety Equipment Fund (2007A) and the Debt Service Fund (2005A) presented in the 2014R/2015 budget process.

DISCUSSION The bond sales will be held at 11:00 a.m., June 23, 2014. The City’s Bond Counsel has prepared two attached resolutions for each bond series: one to accept the best bid, and the other to authorize details of issuance and delivery of the bonds. An ordinance authorizing issuance and delivery of the bonds is 59

TO: Carol Gonzales, City Manager FROM: Maureen Rogers, Finance Director DATE: June 19, 2014 SUBJECT: Adoption of Resolutions and Approval of Ordinance Accepting the Best Bids and Authorizing the Sale and Delivery of General Obligation Internal Improvement Bonds, Series 2014A and Refunding Bonds, Series 2014B

also included for each bond series. There are several blanks in these documents; the missing information will be known only after the sale occurs. Bid tabs for each of the two bond series detailing the true interest cost (TIC) for each bidder, as well as a final amortization schedule, will be provided at the City Council meeting.

Staff and Springsted held a conference call on June 12, 2014 with Moody’s Investors Services to discuss the City’s financial and economic outlook. Moody’s upheld the City’s Aa1 bond rating. The rating report is included in the packet.

FINANCIAL INFORMATION The proposed bond issues in the estimated par amounts of $3,720,000 for Series 2014A and $20,970,000 for Series 2014B will bring the City’s outstanding GO debt to $75,160,000.

This bond issue was structured and analyzed based on PS-66, Comprehensive Financial Policy, and was found to be consistent with the guidelines set out in that policy.

RECOMMENDATION Staff recommends approval of the following actions:

a) Adopt a Resolution accepting best bid for Internal Improvement Bonds, Series 2014A; b) Pass an Ordinance authorizing the issuance and delivery of Internal Improvement Bonds, Series 2014A; c) Adopt a Resolution prescribing the form and details for Internal Improvement Bonds, Series 2014A; d) Adopt Resolution accepting best bid for Refunding Bonds, Series 2014B; e) Pass an Ordinance authorizing the issuance and delivery of Refunding Bonds, Series 2014B; f) Adopt a Resolution prescribing the form and details for Refunding Bonds, Series 2014B.

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66 CITY OF SHAWNEE

RESOLUTION NO. _____

A RESOLUTION ACCEPTING THE BEST BID FOR $[3,720,000] PRINCIPAL AMOUNT OF INTERNAL IMPROVEMENT BONDS, SERIES 2014A, OF THE CITY OF SHAWNEE, KANSAS, AND AUTHORIZING FURTHER ACTION IN CONNECTION WITH THE ISSUANCE AND SALE OF SAID BONDS.

WHEREAS, the City of Shawnee, Kansas (the “City”), has duly advertised for sale approximately $3,720,000 principal amount of the City’s Internal Improvement Bonds, Series 2014A (the “Bonds”), dated July 29, 2014, said bids to be opened at 11:00 a.m., Central Daylight Saving Time, on Monday, June 23, 2014; and

WHEREAS, bids were received at the appointed time and date by the City; and

WHEREAS, upon examination of the bids and after consultation and upon the unanimous recommendation of the City’s Finance Director, Financial Advisor and Bond Counsel, Kutak Rock LLP, it was found and determined that the bid of [UNDERWRITER] of [CITY, STATE] was the best bid for the purchase of the Bonds in accordance with the terms of the City’s Notice of Bond Sale for the Bonds (the “Notice of Sale”), and the Preliminary Official Statement dated June 5, 2014 (the “Preliminary Official Statement”).

NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF SHAWNEE, KANSAS, AS FOLLOWS:

Section 1. The bid of [UNDERWRITER] of [CITY, STATE], having been found to be the best bid for the Bonds in accordance with the terms of the Notice of Sale and Preliminary Official Statement, is hereby accepted. The Mayor, City Manager, Finance Director, City Clerk, Financial Advisor, City Attorney and Bond Counsel are hereby authorized and directed to take all necessary action to accomplish the authorization, issuance and delivery of the Bonds to said best bidder in accordance with the terms and conditions of the accepted proposal and the Notice of Sale and the Preliminary Official Statement.

Section 2. The Finance Director is hereby authorized and directed to return or retain the good faith deposit of each bidder in accordance with the terms of the Notice of Sale and the Preliminary Official Statement.

Section 3. The distribution of the Notice of Sale and the Preliminary Official Statement in the State of Kansas and the rest of the United States is hereby ratified and confirmed.

Section 4. This Resolution shall take effect and be in force from and after its adoption by the Governing Body of the City of Shawnee, Kansas. 67 4828-0860-5723.1 THIS RESOLUTION is hereby adopted by the Governing Body of the City of Shawnee, Kansas, this 23rd day of June 2014.

CITY OF SHAWNEE, KANSAS

By: Jeff Meyers Mayor (SEAL)

ATTEST:

By: Stephen Powell City Clerk

APPROVED AS TO FORM:

By: M. Ellis Rainey, II Assistant City Attorney

68 Resolution Accepting Best Bid – Internal Improvement Bonds, Series 2014A CITY OF SHAWNEE

ORDINANCE NO. _____

AN ORDINANCE AUTHORIZING THE ISSUANCE AND DELIVERY OF $[3,720,000] PRINCIPAL AMOUNT OF INTERNAL IMPROVEMENT BONDS, SERIES 2014A, OF THE CITY OF SHAWNEE, KANSAS; AND PROVIDING FOR THE LEVY AND COLLECTION OF AN ANNUAL TAX FOR THE PURPOSE OF PAYING THE PRINCIPAL OF AND INTEREST ON THE BONDS AS THEY BECOME DUE.

WHEREAS, the City of Shawnee, Kansas (the “City”), is a legally constituted municipal corporation and city of the first class, duly organized and existing under the laws of the State of Kansas (the “State”); and

WHEREAS, pursuant to K.S.A 10-101 to 10-125, inclusive, and K.S.A. 12-6a01 et seq., all as amended, and other provisions of the laws of the State applicable thereto, by proceedings had, the Governing Body of the City has authorized the following improvements (the “Improvements”) to be made in the City:

Project No. 3388. The general nature of the improvements is the acquisition of an improvement to and relocation of Midland Drive from Caenen Lake Road to Pflumm Road, and the acquisition of the improvements to Noland Road from Shawnee Mission Parkway to Midland Drive, including intersection improvements at Shawnee Mission Parkway and Noland Road, and Shawnee Mission Parkway and Caenen Lake Road, with the work to include grading, demolition, paving, curbs, gutters, storm drainage, sidewalks, street lighting, signing and public utilities, made pursuant to K.S.A. 12-6a01 et seq., to be paid for by the issuance of general obligation bonds pursuant to K.S.A. 12-6a14; and

WHEREAS, all legal requirements pertaining to the Improvements have been complied with, and the Governing Body of the City now finds and determines that the total cost of the Improvements and related expenses are at least $[3,720,000]; and

WHEREAS, the Governing Body of the City is authorized by law to issue general obligation bonds of the City to pay the costs of the Improvements within the City; and

WHEREAS, the Governing Body of the City has advertised the sale of its general obligation bonds in accordance with the laws and at a meeting held in the City on this date, awarded the sale of such general obligation bonds to the lowest bidder; and

WHEREAS, the Governing Body of the City hereby finds and determines that it is necessary for the City to authorize the issuance and delivery of its general obligation bonds of the City in the principal amount of $[3,720,000] to pay the costs of the Improvements, including retiring temporary notes issued, and to pay costs of issuance of the Bonds (as herein defined).

69 4833-1760-4123.1 NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF SHAWNEE, KANSAS, AS FOLLOWS:

Section 1. Definitions of Words and Terms.

“Bond and Interest Fund” means the Bond and Interest Fund of the City for its general obligation bonds.

“Bonds” mean the City’s Internal Improvement Bonds, Series 2014A, authorized by this Ordinance, in the principal amount of $[3,720,000], and dated July 29, 2014.

“City” means the City of Shawnee, Kansas.

“City Clerk” means the appointed and acting City Clerk of the City or, in the City Clerk’s absence, the appointed acting City Clerk of the City.

“City Manager” means the appointed and acting City Manager of the City or, in the City Manager’s absence, the appointed acting City Manager of the City.

“City Treasurer” means the appointed and acting City Treasurer of the City or, in the City Treasurer’s absence, the appointed acting City Treasurer of the City.

“Code” means the Internal Revenue Code of 1986, as amended, and the applicable regulations proposed or promulgated thereunder of the United States Department of the Treasury.

“Finance Director” means the duly qualified and acting Finance Director of the City.

“Improvements” mean the improvements referred to in the preamble to this Ordinance and any Substitute Improvements, as defined in the Resolution.

“Mayor” means the elected and acting Mayor of the City or, in the Mayor’s absence, the appointed acting Mayor of the City.

“Ordinance” means this Ordinance of the City authorizing the issuance of the Bonds.

“Paying Agent” means the State Treasurer, Topeka, Kansas, and any successors and assigns.

“Resolution” means the Resolution of the City containing the terms and details of the Bonds.

“State” means the State of Kansas.

Section 2. Authorization of and Security for the Bonds. There shall be issued and hereby are authorized and directed to be issued the City’s Internal Improvement Bonds, Series 2014A (the “Bonds”), in the principal amount of 70 2 4833-1760-4123.1 $[3,720,000], for the purpose of providing funds to pay the costs of the Improvements, including retiring temporary notes issued to finance the Improvements within the City and to pay costs of issuance of the Bonds.

The Bonds shall be general obligations of the City payable as to both principal and interest in part from ad valorem taxes which may be levied without limitation as to rate or amount upon all the taxable tangible property, real and personal, within the territorial limits of the City and in part from special assessments levied upon the property benefited by the construction of certain of the Improvements and, if not so paid, from ad valorem taxes which may be levied without limitation as to rate or amount upon all the taxable tangible property, real and personal, within the territorial limits of the City. The full faith, credit and resources of the City are irrevocably pledged for the prompt payment of the principal of and interest on the Bonds as the same become due.

Section 3. Terms, Details and Conditions of the Bonds. The Bonds shall be dated and bear interest, shall mature and be payable at such times, shall be in such form, shall be subject to redemption and payment prior to the maturity thereof, and shall be issued and delivered in the manner prescribed and subject to the provisions, covenants and agreements set forth in the Resolution.

Section 4. Levy and Collection of Special Assessments and/or Annual Tax. The Governing Body will annually make provision for the payment of the principal of, premium, if any, and interest on the Bonds as the same become due by levying and collecting the necessary special assessments and/or ad valorem taxes upon all of the taxable tangible property, real and personal, located within the City in the manner provided by law.

The special assessments and/or taxes referred to above will be extended upon the tax rolls in each of the several years, respectively, and will be levied and collected at the same time and in the same manner as the general ad valorem taxes of the City are levied and collected. The proceeds derived from said special assessments and/or taxes will be deposited in the Bond and Interest Fund of the City and will be used exclusively for payment of the principal of and interest on the City's general obligation bonds, including the Bonds, as the same become due, and payment of the Paying Agent's fees.

If at any time said special assessments and/or taxes are not collected in time to pay the principal of or interest on the Bonds when due, the Finance Director is authorized and directed by the Resolution to pay said principal or interest out of the general funds of the City and to reimburse said general funds for money so expended when special assessments and/or taxes are collected.

Section 5. Tax Covenants. The City covenants and agrees that (1) it will comply with all applicable provisions of the Code, including Sections 103 and 141 through 150, necessary to maintain the exclusion from gross income for federal income tax purposes of the interest on the Bonds; (2) it will comply with all requirements of Section 148 of the Code to the extent applicable to the Bonds; (3) it will use the proceeds of the Bonds as soon as practicable and with all reasonable dispatch for the 71 3 4833-1760-4123.1 purposes for which the Bonds are issued; (4) it will not invest or directly or indirectly use or permit the use of any proceeds of the Bonds or any other funds of the City in any manner, or take or omit to take any action, that would cause the Bonds to be “arbitrage bonds” within the meaning of Section 148(a) of the Code; and (5) it will not use or permit the use of any proceeds of Bonds or any other funds of the City nor take or permit any other action, or fail to take any action, if any such action or failure to take action would adversely affect the exclusion from gross income of the interest on the Bonds. The City will, in addition, adopt such other ordinances or resolutions and take such other actions as may be necessary to comply with the Code and with all other applicable future laws, regulations, published rulings and judicial decisions, in order to ensure that the interest on the Bonds will remain excluded from federal gross income, to the extent any such actions can be taken by the City.

The City covenants and agrees that it will not use any portion of the proceeds of the Bonds, including any investment income earned on such proceeds, directly or indirectly, in a manner that would cause any Bond to be a “private activity bond”.

Section 6. Further Authority. The Mayor, City Clerk, City Manager, Finance Director and other City officials are hereby further authorized and directed to execute any and all documents and take such actions as they may deem necessary or advisable in order to carry out and perform the purposes of this Ordinance and to make alterations, changes or additions in the agreements, statements, instruments and other documents approved, authorized and confirmed which they may approve, and the execution or taking of such action shall be conclusive evidence of such necessity or advisability.

Section 7. Governing Law. This Ordinance and the Bonds shall be governed exclusively by and construed in accordance with the applicable laws of the State.

Section 8. Effective Date. This Ordinance shall take effect and be in full force from and after its passage by the Governing Body of the City and publication in an official City newspaper.

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72 4 4833-1760-4123.1 THIS ORDINANCE is passed by the Governing Body of the City of Shawnee, Kansas and APPROVED AND SIGNED by the Mayor on this 23rd day of June, 2014.

CITY OF SHAWNEE, KANSAS

By: Jeff Meyers Mayor (SEAL)

ATTEST:

By: Stephen Powell City Clerk

APPROVED AS TO FORM:

By: M. Ellis Rainey, II, Esq. Assistant City Attorney

I hereby certify that the foregoing is the original ordinance; that said ordinance was passed on the 23rd day of June, 2014; that the record of the final vote on its passage is found on page _____ of Journal No. _____, and that the ordinance was published in The Shawnee Dispatch, the official City newspaper on the ____ day of ______, 2014.

______Stephen Powell, City Clerk

73 Ordinance Authorizing Issuance – Internal Improvement Bonds, Series 2014A CITY OF SHAWNEE

RESOLUTION NO. _____

A RESOLUTION PRESCRIBING THE FORM AND DETAILS OF AND AUTHORIZING THE DELIVERY OF $[3,720,000] PRINCIPAL AMOUNT OF INTERNAL IMPROVEMENT BONDS, SERIES 2014A, OF THE CITY OF SHAWNEE, KANSAS, AND MAKING CERTAIN COVENANTS WITH RESPECT THERETO.

WHEREAS, the City of Shawnee, Kansas (the “City”), has passed the Ordinance (as herein defined) authorizing the issuance of the Bonds (as herein defined); and

WHEREAS, the Ordinance authorized the Governing Body of the City to adopt a resolution prescribing certain details and conditions and to make certain covenants with respect to the issuance of the Bonds, as hereinafter described.

NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF SHAWNEE, KANSAS, AS FOLLOWS:

ARTICLE I

DEFINITIONS

Section 1.01. Definitions of Words and Terms.

“Act” means, collectively, the Constitution and statutes of the State including, but not limited to, K.S.A. 10-101 to 10-125, inclusive, K.S.A. 12-6a01 et seq., all as amended, the Ordinance and this Resolution and all other provisions of the laws of the State and the ordinances of the City applicable thereto.

“Authorized Costs” mean the amount of expenditures for an improvement which has been authorized to be paid by the City by an ordinance or resolution of the City, including expenditures made to redeem outstanding notes issued to pay for such improvement and Costs of Issuance of the Bonds, less (a) the amount of any notes or bonds of the City which are currently outstanding and available to pay such Authorized Costs; and (b) any Authorized Costs which have been previously paid by the City or by any eligible source of funds unless such amounts are not entitled to be reimbursed under State and federal law.

“Authorized Investments” mean those investments authorized by K.S.A. 10-131, as amended and supplemented, and by other provisions of State law applicable to the City.

“Bond and Interest Fund” means the Bond and Interest Fund of the City for its general obligation bonds.

74 4811-4995-5355.1 “Bond Counsel” means the firm of Kutak Rock LLP, or any other attorney or firm of attorneys whose expertise in matters relating to the issuance of obligations by states and their political subdivisions is nationally recognized and acceptable to the City.

“Bond Insurer” means any issuer of a Municipal Bond Insurance Policy described on Exhibit B to this Resolution.

“Bond Payment Date” means any date on which principal of or interest on any Bond is payable.

“Bond Register” means the books for the registration, transfer and exchange of the Bonds kept at the office of the Bond Registrar.

“Bond Registrar” means the State Treasurer, Topeka, Kansas, and any successors and assigns.

“Bonds” mean the City’s Internal Improvement Bonds, Series 2014A, in the principal amount of $[3,720,000], and dated July 29, 2014.

“Business Day” means a day other than a Saturday, Sunday or holiday on which the Paying Agent is scheduled in the normal course of its operations to be open to the public for conduct of its banking operation.

“Cede & Co.” means Cede & Co., as nominee of The Depository Trust Company, New York, New York.

“City” means the City of Shawnee, Kansas.

“City Clerk” means the appointed and acting City Clerk of the City or, in the City Clerk’s absence, the appointed acting City Clerk of the City.

“City Treasurer” means the appointed and acting City Treasurer of the City or, in the City Treasurer’s absence, the appointed acting City Treasurer of the City.

“Code” means the Internal Revenue Code of 1986, as amended, and the applicable regulations proposed or promulgated thereunder of the United States Department of the Treasury.

“Costs of Issuance” means all costs of issuing the Bonds, including all publication, preparation, signing and mailing expenses, registration fees, all legal fees and expenses of Bond Counsel and other legal counsel, all fees and expenses of the financial advisor, all expenses incurred in connection with receiving ratings on the Bonds, and all fees of the Attorney General of the State.

“Defaulted Interest” means interest on any Bond which is payable but not paid on any Interest Payment Date.

75 2 4811-4995-5355.1 “Excess Investment Earnings” mean an amount equal to the sum of –

(a) The excess of:

(i) The aggregate amount earned from the date of issue of the Bonds on all Nonpurpose Obligations in which gross proceeds of the Bonds are invested (other than investments attributable to an excess described in this subparagraph), over

(ii) The amount that would have been earned if the yield on such Nonpurpose Obligations had been equal to the yield on the Bonds; plus

(b) Any income or earnings attributable to the excess described in (a) above.

“Final Official Statement” means the Final Official Statement prepared by the City or its representatives in connection with the sale of the Bonds and delivered to the Original Purchaser within seven Business Days after the sale of the Bonds in accordance with the SEC Rule. The Final Official Statement includes the information in the Preliminary Official Statement as supplemented or amended.

“Finance Director” means the duly qualified and acting Finance Director of the City.

“Financial Advisor” means Springsted, Incorporated.

“Improvement Fund” means the fund by that name created in Section 5.01.

“Improvements” mean the improvements referred to in the preamble to the Ordinance and any Substitute Improvements.

“Interest Payment Dates” mean the Stated Maturity of an installment of interest on any Bond which shall be June 1 and December 1 of each year, commencing June 1, 2015.

“Letter of Instructions” mean the Arbitrage Letter of Instructions (dated as of the date of issuance of the Bonds) attached to the City’s Closing Certificate to be delivered at the time of issuance and delivery of the Bonds relating to certain matters within the scope of Section 148 of the Code, as the same may be amended or supplemented in accordance with its terms.

“Maturity” when used with respect to any Bond means the date on which the principal of such Bond becomes due and payable as provided, whether at the Stated Maturity or call for redemption or otherwise.

76 3 4811-4995-5355.1 “Mayor” means the elected and acting Mayor of the City or, in the Mayor’s absence, the appointed acting Mayor of the City.

“Municipal Bond Insurance Policy” means, if applicable, the municipal bond insurance policy issued by the Bond Insurer insuring the payment when due of the principal of and interest on the Bonds as described on Exhibit B to this Resolution.

“Nonpurpose Obligation” means any security, other than an obligation exempt from taxation under the Code, in which gross proceeds of an issue are invested and which is not acquired to carry out the governmental purpose of the Bonds.

“Ordinance” means ordinance of the City authorizing the issuance of the Bonds as further described on Exhibit B to this Resolution.

“Original Purchaser” means the original purchaser of the Bonds described on Exhibit B to this Resolution.

“Outstanding” means as of a particular date of determination, all Bonds authenticated and delivered under the provisions of this Resolution, except:

(a) Bonds canceled by the Paying Agent or delivered to the Paying Agent for cancellation pursuant to this Resolution;

(b) Bonds for the payment or redemption of which moneys or investments have been deposited in accordance with Article XI of this Resolution; and

(c) Bonds in exchange for or in lieu of which other Bonds have been authenticated and delivered pursuant to this Resolution.

“Owner” or “Registered Owner” when used with respect to any Bond means the Person in whose name such Bond is registered on the registration books of the Bond Register.

“Participants” mean those financial institutions for whom the Securities Depository effects book-entry transfers and pledges of securities deposited with the Securities Depository, as such listing of Participants exists at the time of such reference.

“Paying Agent” means the State Treasurer, Topeka, Kansas, and any successors and assigns.

“Person” means any natural person, corporation, partnership, joint venture, association, firm, joint-stock company, trust, unincorporated organization, or government or any agency or political subdivision or other public body.

“Preliminary Official Statement” means the Preliminary Official Statement which was prepared by the City and its advisors in connection with the sale of the

77 4 4811-4995-5355.1 Bonds and distributed to potential purchasers of the Bonds before the Final Official Statement, as described in the SEC Rule, was made available.

“Principal and Interest Account” means the account by that name created by Section 5.01.

“Purchase Price” means the original purchase price of the Bonds described on Exhibit B to this Resolution.

“Rebate Fund” means the fund by that name created in Section 5.01.

“Record Dates” for the interest payable on any Interest Payment Date means the fifteenth day (whether or not a Business Day) of each month preceding such Interest Payment Date.

“Redemption Date” when used with respect to any Bond to be redeemed means the date fixed for such redemption pursuant to the terms of this Resolution.

“Redemption Price” when used with respect to any Bond to be redeemed means the price at which such Bond is to be redeemed pursuant to the terms of this Resolution, including the applicable redemption premium, if any, but excluding installments of interest whose Stated Maturity is on or before the Redemption Date.

“Replacement Bonds” mean Bonds issued to the beneficial owners of the Bonds in accordance with Section 2.04 of this Resolution.

“Resolution” means this resolution relating to the Bonds.

“SEC Rule” means the Securities and Exchange Commission Rule 15c2-12 under the Securities Exchange Act of 1934, as amended (17 C.F.R. part 240, Section 240 15c2-12).

“Securities Depository” means, initially, The Depository Trust Company, New York, New York, and its successor and assigns.

“Special Record Date” means the date fixed by the Paying Agent pursuant to Section 2.04 for the payment of Defaulted Interest.

“State” means the State of Kansas.

“State Treasurer” means the elected Treasurer of the State or, in the Treasurer’s absence, the appointed Assistant Treasurer of the State.

“Stated Maturity” when used with respect to any Bond or any installment of interest means the date specified in such Bond and this Resolution as the fixed date on which the principal of such Bond or such installment of interest is due and payable.

78 5 4811-4995-5355.1 “Substitute Improvements” mean the substitute or additional improvements authorized pursuant to Section 6.04 of this Resolution.

“Term Bonds” mean the Term Bonds, if any, described on Exhibit B to this Resolution.

“United States Governmental Obligations” mean bonds, notes, certificates of indebtedness, treasury bills or other securities constituting direct obligations of, or obligations the principal of and interest on which are fully and unconditionally guaranteed as to full and timely payment by, the United States of America, including evidence of a direct ownership interest in future interest or principal payment on obligations issued by the United States of America (including the interest component of obligations of the Resolution Funding Corporation), or securities which represent an undivided interest in such obligations, which obligations are rated in the highest rating category by a nationally recognized rating service and such obligations are held in a custodial account for the benefit of the City.

ARTICLE II

DETAILS OF THE BONDS

Section 2.01. Authorization of the Bonds. The Bonds have been authorized pursuant to the Ordinance and the Act for the purpose of providing funds to pay the cost of retiring temporary notes issued to finance the Improvements and to pay Costs of Issuance of the Bonds.

The Bonds shall be general obligations of the City payable as to both principal and interest in part from ad valorem taxes which may be levied without limitation as to rate or amount upon all the taxable tangible property, real and personal, within the territorial limits of the City and in part from special assessments levied against real property benefited by certain of the Improvements financed with the proceeds of the Bonds and, if not so paid, from ad valorem taxes. The full faith, credit and resources of the City are irrevocably pledged for the prompt payment of the principal of and interest on the Bonds as the same become due.

Section 2.02. Description of the Bonds. The Bonds shall consist of fully registered Bonds in the denomination of $5,000 or any integral multiple thereof, and shall be numbered in such manner as the Bond Registrar shall determine. All of the Bonds shall be dated July 29, 2014, shall become due on the Stated Maturities, and shall bear interest at the rates per annum set forth on Exhibit B to this Resolution.

The Bonds shall bear interest (computed on the basis of a 360-day year of twelve 30-day months) from their dated date or from the most recent Interest Payment Date to which interest has been paid or provided for, and shall be payable on the Interest Payment Dates.

Section 2.03. Designation of Paying Agent and Bond Registrar. The State Treasurer is designated as the Paying Agent and Bond Registrar for the Bonds. The 79 6 4811-4995-5355.1 Mayor and City Clerk are authorized and empowered to execute on behalf of the City an agreement with the Bond Registrar and Paying Agent for the Bonds.

Section 2.04. Initial Registration with Securities Depository, Method and Place of Payment of the Bonds. The Bonds shall be registered on bond registration books maintained by the Bond Registrar to Cede & Co., the nominee for the Securities Depository, and no beneficial owner will receive certificates representing their respective interests in the Bonds, except in the event the City issues Replacement Bonds as provided in this Section. It is anticipated that during the term of the Bonds, the Securities Depository will make book-entry transfers among its Participants and receive and transmit payment of principal of, and interest on, the Bonds until and unless the City authenticates and delivers Replacement Bonds to the beneficial owners in the manner described in this Section.

If the City determines: (a) that the Securities Depository is unable to properly discharge its responsibilities; (b) that the Securities Depository is no longer qualified to act as a securities depository and registered clearing agency under the Securities and Exchange Act of 1934, as amended; or (c) that the continuation of a book-entry only system to the exclusion of any Bonds being issued to any Owner other than Cede & Co., is no longer in the best interest of the beneficial owners of the Bonds, or if the City receives written notice from Participants having interests in not less than 50% of the Bonds, as shown on the records of the Securities Depository, that the continuation of a book-entry only system to the exclusion of Bonds being issued to any Owner other than Cede & Co., is no longer in the best interest of the beneficial owners of the Bonds, or if the Securities Depository determines to discontinue providing book-entry services, then the City shall notify the owners of the Bonds of such determination or such notice and of the availability of certificates to Owners who request certificates, and the City shall authenticate and deliver Replacement Bonds to the beneficial owners or their nominees in principal amounts representing the interest of each, making such adjustments as it may find necessary or appropriate as to accrued interest and previous calls for redemption. In such event, all references to the Securities Depository in this Resolution shall relate to the period of time when the Securities Depository has possession of at least one certificate. Upon the issuance of Replacement Bonds, all references in this Resolution to obligations imposed upon or to be performed by the Securities Depository shall be deemed to be imposed upon and performed by the City, to the extent such provisions are consistent with and applicable to Replacement Bonds. If the Securities Depository resigns and the City or Bond Owners are unable to locate a qualified successor of the Securities Depository, then the City shall authenticate and deliver Replacement Bonds to the Participants for the benefit of the Bond Owners.

The principal of, or Redemption Price, if any, and interest on the Bonds shall be payable in any coin or currency which, on the respective dates of payment, is legal tender for the payment of public and private debts.

The principal or Redemption Price of each Bond shall be paid at Maturity to the Person in whose name such Bond is registered on the Bond Register at the Maturity,

80 7 4811-4995-5355.1 upon presentation and surrender of such Bond at the principal office of the Paying Agent.

The interest payable on each Bond on any Interest Payment Date shall be paid to the Owner of such Bond as shown on the Bond Register at the close of business on the Record Date for such interest:

(a) By check or draft mailed by the Paying Agent to the address of such Owner shown on the Bond Register;

(b) At such other address as is furnished to the Paying Agent in writing by such Owner; or

(c) In the case of an interest payment to any Owner that is a securities depository, by wire transfer to such Owner upon written notice given to the Bond Registrar by such Owner, not less than 15 days prior to the Record Date for such interest, containing the electronic transfer instructions including the bank (which shall be in the continental United States), address, ABA routing number and account number to which such Owner wishes to have such wire directed.

Notwithstanding the provisions of this Section, any Defaulted Interest with respect to any Bond shall cease to be payable to the Owner of such Bond on the relevant Record Date and shall be payable to the Owner in whose name such Bond is registered at the close of business on the Special Record Date for the payment of such Defaulted Interest, which Special Record Date shall be fixed as specified in this paragraph. The City shall notify the Paying Agent in writing of the amount of Defaulted Interest proposed to be paid on each Bond and the date of the proposed payment (which date shall be at least 30 days after receipt of such notice by the Paying Agent) and shall deposit with the Paying Agent at the time of such notice an amount of money equal to the aggregate amount proposed to be paid in respect of such Defaulted Interest or shall make arrangements satisfactory to the Paying Agent for such deposit prior to the date of the proposed payment. Following receipt of such funds the Paying Agent shall fix a Special Record Date for the payment of such Defaulted Interest which shall be not more than 15 nor less than 10 days prior to the date of the proposed payment. The Paying Agent shall promptly notify the City of such Special Record Date and, in the name and at the expense of the City, shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date therefor to be mailed, by first-class mail, postage prepaid, to each Owner of a Bond entitled to such notice at the address of such Owner as it appears on the Bond Register not less than 10 days prior to such Special Record Date.

The Paying Agent shall keep a record of payment of principal and Redemption Price of and interest on all Bonds and at least annually shall forward a copy or summary of such records to the City.

Section 2.05. Method of Execution and Authentication of the Bonds. The Bonds shall be executed for and on behalf of the City by the manual or facsimile 81 8 4811-4995-5355.1 signature of the Mayor, attested by the manual or facsimile signature of the City Clerk and the seal of the City shall be affixed or imprinted on the Bonds. The Bonds shall be registered in the office of the City Clerk, which registration shall be evidenced by the manual or facsimile signature of the City Clerk with the seal of the City affixed or imprinted. The Bonds shall also be registered in the office of the State Treasurer, which registration shall be evidenced by the manual or facsimile signature of the State Treasurer with the seal of the State Treasurer affixed or imprinted thereon. In the event that any of the previously mentioned officers shall cease to hold such offices before the Bonds are issued and delivered, the Bonds may be issued and transferred to other Owners as though the officers had not ceased to hold office, and such signatures appearing on the Bonds shall be valid and sufficient for all purposes as if they had remained in office until such issuance or transfer.

The Bonds shall not be valid obligations under the provisions of this Resolution until authenticated by the Bond Registrar or an authorized representative of the Bond Registrar by execution of the Certificate of Authentication appearing on each Bond. It shall not be necessary that the same representative of the Bond Registrar execute the Certificate of Authentication on all of the Bonds.

Section 2.06. Registration, Transfer and Exchange of Bonds. The City covenants that, as long as any of the Bonds remain Outstanding, it will cause the Bond Register to be kept at the office of the Bond Registrar as provided. Each Bond when issued shall be registered in the name of the Owner on the Bond Register.

Bonds may be transferred and exchanged only on the Bond Register as provided in this Section. Upon surrender of any Bond at the principal office of the Bond Registrar, the Bond Registrar shall transfer or exchange such Bond for a new Bond or Bonds in any authorized denomination of the same Stated Maturity and in the same aggregate principal amount as the Bond that was presented for transfer or exchange.

Bonds presented for transfer or exchange shall be accompanied by a written instrument or instruments of transfer or authorization for exchange, in a form and with guarantee of signature satisfactory to the Bond Registrar, executed by the Owner or by the Owner’s authorized agent. In all cases in which the privilege of transferring or exchanging Bonds is exercised, the Bond Registrar shall authenticate and deliver Bonds in accordance with the provisions of this Resolution. The City shall pay the fees and expenses of the Bond Registrar for the registration, transfer and exchange of Bonds provided for by this Resolution and the cost of preparation of a reasonable supply of registered bond blanks. Any additional costs or fees that might be incurred in the secondary market, other than fees of the Bond Registrar, are the responsibility of the Owners of the Bonds.

The City and the Bond Registrar shall not be required (a) to register the transfer or exchange of any Bond within thirty (30) days of a date on which Bonds are to be redeemed; or (b) to register the transfer or exchange of any Bond during a period beginning on the day following the Record Date preceding any Interest Payment Date and ending at the close of business on such Interest Payment Date. 82 9 4811-4995-5355.1 The City and the Paying Agent may deem and treat the Person in whose name any Bond is registered on the Bond Register as the absolute Owner of such Bond, whether such Bond is overdue or not, for the purpose of receiving payment of, or on account of, the principal or Redemption Price of and interest on the Bond and for all other purposes. All payments so made to any such Owner or upon the Owner’s order shall be valid and effective to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid, and neither the City nor the Paying Agent shall be affected by any notice to the contrary.

Section 2.07. Nonpresentment of Bonds. If any Bond is not presented for payment when the principal thereof becomes due, either at Maturity, the date fixed for payment thereof or otherwise, if moneys sufficient to pay such Bond have been made available to the Paying Agent, all liability of the City to the Registered Owner thereof for the payment of such Bond shall forthwith cease, terminate and be completely discharged, and thereupon it shall be the duty of the Paying Agent to hold such moneys in a separate trust account, without liability to the Owner of such Bond for interest thereon, for the benefit of the Registered Owner of such Bond, who shall thereafter be restricted exclusively to such moneys for any claim of whatever nature on such Owner’s part under this Resolution or on, or with respect to, said Bond. The Paying Agent shall invest such separate trust account as directed by the City, subject to such restrictions as the Paying Agent and the City shall agree, and all interest earnings on such investment shall be paid to the City at least quarterly. If any Bond is not presented for payment within six (6) years following the date when such Bond becomes due, whether at maturity or otherwise, the Paying Agent shall return to the City the moneys theretofore held by it for payment of such Bond, and such Bond shall, subject to the defense of any applicable statute of limitation, thereafter be an unsecured obligation of the City and the Registered Owner thereof shall be entitled to look only to the City for payment, and then only to the extent of the principal amount so repaid to it by the Paying Agent, and the City shall not be liable for any interest thereon and shall not be regarded as a trustee of such money.

Section 2.08. Cancellation and Destruction of Bonds Upon Payment. All Bonds that have been paid or redeemed or that otherwise have been surrendered to the Paying Agent, either at or before Maturity, shall be canceled by the Paying Agent immediately upon the payment, redemption and surrender to the Paying Agent and subsequently destroyed in accordance with the customary practices of the Paying Agent. The Paying Agent shall execute a certificate in duplicate describing the Bonds so canceled and destroyed and shall file an executed counterpart of such certificate with the City.

Section 2.09. Mutilated, Lost, Stolen or Destroyed Bonds. In the event any Bond is mutilated, lost, stolen or destroyed, the City may execute and the Bond Registrar may authenticate a new Bond of like series, date, maturity, denomination and interest rate, as that mutilated, lost, stolen or destroyed; provided, that in the case of any mutilated Bond, such mutilated Bond shall first be surrendered to the City or the Bond Registrar, and, in the case of any lost, stolen or destroyed Bond there shall be first furnished to the Bond Registrar and the City evidence of such loss, theft or destruction 83 10 4811-4995-5355.1 satisfactory to them, together with an indemnity satisfactory to the City and the Bond Registrar. In the event any such Bond shall have matured, instead of issuing a duplicate Bond, the City and Bond Registrar may pay the same without surrender thereof. The City and Bond Registrar may charge to the Registered Owner of such Bond their reasonable fees and expenses in connection with replacing any Bond or Bonds mutilated, stolen, lost or destroyed.

Section 2.10. Temporary Bonds. Until definitive bonds are prepared, the City may execute, in the same manner as is provided in this Resolution and upon the request of the City, the Bond Registrar shall authenticate and deliver, in lieu of definitive bonds but subject to the same provisions, limitations and conditions as the definitive bonds, one or more temporary bonds substantially of the tenor of the definitive bonds in lieu of which such temporary bond or bonds are issued, in denominations authorized herein, authorized by the City and with such omissions, insertions and variations as may be appropriate to temporary bonds. The City at its own expense shall prepare and execute and, upon the surrender of such temporary bonds for exchange and upon the cancellation of such surrendered temporary bonds, the Bond Registrar shall authenticate and, without charge to the Owner thereof, deliver in exchange therefor definitive bonds of the same aggregate principal amount, series and maturity as the temporary bonds surrendered.

If the City shall authorize the issuance of temporary bonds in more than one denomination, the Registered Owner of any temporary bond may, at such Registered Owner’s option, surrender the same to the Bond Registrar in exchange for another temporary bond or bonds of like aggregate principal amount, series and maturity of any other authorized denomination or denominations, and thereupon the City shall execute and the Bond Registrar shall authenticate and, upon payment of any applicable taxes, fees and charges, shall deliver a temporary bond or bonds of like aggregate principal amount, series and maturity in such other authorized denomination or denominations as shall be requested by such Owner.

All temporary bonds surrendered in exchange either for another temporary bond or bonds or for a definitive bond or bonds shall be forthwith canceled by the Bond Registrar.

Section 2.11. Delivery of the Bonds. The Mayor and City Clerk are authorized and directed to cause the Bonds to be registered in the offices of the City Clerk and the State Treasurer as provided by law, and, when executed and registered, to deliver the Bonds to the Original Purchaser upon receipt by the City of the Purchase Price.

Section 2.12. Book-Entry Only System.

(a) Notwithstanding any other provision hereof, upon initial issuance of the Bonds, the Bonds shall be registered in the name of Cede & Co., as nominee of DTC. Except as provided in Section 2.14 hereof, all of the Outstanding Bonds shall be registered in the name of Cede & Co., as nominee of DTC. The definitive Bonds shall be initially issued in the form of one typewritten certificate 84 11 4811-4995-5355.1 for each stated maturity of the Bonds, in the face amounts set forth in the Letter of Representations of the City and the Paying Agent to DTC.

(b) With respect to the Bonds registered in the name of Cede & Co., as nominee of DTC, the City and the Paying Agent shall have no responsibility or obligation to any DTC Participant or to any person on behalf of whom such a DTC Participant holds an interest in the Bonds. Without limiting the immediately preceding sentence, the City and the Paying Agent shall have no responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any DTC Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any DTC Participant or any other person, other than a registered Owner, as shown on the registration books of the City maintained by the Paying Agent, of any notice with respect to the Bonds, including any notice of redemption, or (iii) the payment to any DTC Participant or any other person other than a registered Owner, as shown in the registration books of the City maintained by the Paying Agent, of the principal, interest and premium, if any, with respect to the Bonds. Notwithstanding any other provision of this Resolution to the contrary, the City and the Paying Agent shall be entitled to treat and consider the person in whose name each Bond is registered in the Bond register as the absolute owner of such Bond for the purpose of payment of the principal, interest and premium, if any, with respect to the Bonds, for the purpose of registering transfer with respect to such Bonds, and for all other purposes whatsoever. The Paying Agent shall pay the principal, interest and premium, if any, with respect to the Bonds only to or upon the order of the respective Owners, as shown in the registration books of the City maintained by the Paying Agent, as provided in this Resolution, or their respective agents duly authorized in writing, and all such payments shall be valid and effective to fully satisfy and discharge the City’s obligations with respect to payment of the principal, interest and premium, if any, on the Bonds to the extent of the sum or sums so paid. No person other than a registered Owner shall receive a Bond certificate evidencing the obligation of the City to make payments of amounts due pursuant to this Resolution. Upon delivery by DTC to the Paying Agent of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the phrase “Cede & Co.” in this Resolution shall refer to such new nominee of DTC.

Section 2.13. Payments to Cede & Co. Notwithstanding any other provision of this Resolution to the contrary, so long as any Bonds are registered in the name of Cede & Co., as nominee of DTC, all payments of the principal, interest and premium, if any, with respect to such Bonds, and all notices with respect to such Bonds, shall be made and given, respectively, in the manner provided in the Letter of Representations of the City and the Paying Agent to DTC.

Section 2.14. Successor Securities Depository; Transfer Outside Book-Entry Only System. In the event that the City (or DTC Participants owning at least fifty percent (50%) of the outstanding principal amount of the Bonds based on current DTC records) determines that DTC is incapable of discharging its 85 12 4811-4995-5355.1 responsibilities herein and in the Letter of Representations of the City and the Paying Agent of DTC, and that it is in the best interest of the beneficial owners of the Bonds that they be able to obtain certificated Bonds, or in the event DTC discontinues the services described herein, the City shall (a) appoint a successor securities depository, qualified to act as such under Section 17(a) of the Securities and Exchange Act of 1934, as amended, notify DTC and DTC Participants of the appointment of such successor securities depository and transfer one or more separate Bonds to such successor securities depository; or (b) notify DTC and DTC Participants of the availability through DTC of the Bonds and transfer one or more separate Bonds to DTC Participants having the Bonds credited to their DTC accounts. In such event, the Bonds shall no longer be restricted to being registered in the Bond Register in the name of Cede & Co., as nominee of DTC, but may be registered in the name of the successor securities depository, or its nominee, or in whatever name or names Registered Owners transferring or exchanging the Bonds shall designate, in accordance with the provisions of this Resolution. In connection therewith, the Paying Agent may rely conclusively upon information provided by DTC with respect to the identity and interests of the DTC Participants and upon information provided by said DTC Participants with respect to the beneficial owners of the Bonds.

ARTICLE III

REDEMPTION OF THE BONDS

Section 3.01. Optional Redemption. At the option of the City, Bonds maturing on December 1, 2023, and thereafter may be called for redemption and payment prior to maturity on December 1, 2022, or thereafter at any time in whole or in part (selection of Bonds to be designated by the City in such equitable manner as it may determine) at the Redemption Price of 100% (expressed as a percentage of the principal amount), plus accrued interest to the Redemption Date, without premium.

Section 3.02. Sinking Fund Redemption. Any Term Bonds shall also be subject to mandatory redemption and payment as described on Exhibit B to this Resolution. The mandatory redemption amount for any Term Bond may be reduced by the principal amount of any Term Bonds redeemed prior to its Stated Maturity pursuant to optional redemption as set forth in Section 3.01 of this Resolution. To effect such reduction, the City shall notify the Bond Registrar on or before the 45th day preceding the applicable mandatory redemption date, setting forth the extent of the reduction to be applied with respect to the mandatory sinking fund requirement.

Section 3.03. Selection of Bonds To Be Redeemed. The Bonds shall be redeemed only in the principal amount of $5,000 or any integral multiple thereof. When less than all of the Bonds are to be redeemed and paid prior to their Stated Maturity, the Bonds shall be redeemed in such manner as the City shall determine, Bonds of less than a full Stated Maturity to be selected by lot in units of $5,000.

In the case of a partial redemption of Bonds by lot when Bonds of denominations greater than $5,000 are then Outstanding, then for all purposes in connection with such 86 13 4811-4995-5355.1 redemption each $5,000 of face value shall be treated as though it were a separate Bond in the denomination of $5,000. If it is determined that one or more, but not all, of the $5,000 units of face value represented by any Bond is selected for redemption, then upon notice of intention to redeem such $5,000 unit or units, the Owner or the Owner’s authorized agent shall present and surrender such Bond to the Bond Registrar:

(a) For payment of the Redemption Price (including the redemption, if any, and interest to the date fixed for redemption) of the $5,000 unit or units of face value called for redemption; and

(b) For exchange, without charge to the Owner, for a new Bond(s) of the aggregate principal amount of the unredeemed portion of the principal amount of such Bond.

If the Owner of any Bond of a denomination greater than $5,000 shall fail to present such Bond as described above, such Bond shall, nevertheless, become due and payable on the Redemption Date to the extent of the amount called for redemption (and to that extent only).

Notwithstanding the provisions of the preceding paragraph, in the event of a partial redemption of the Bonds, the Securities Depository may, at its option, in lieu of surrendering such Bond, make an appropriate notation on the Bond certificate indicating the date and amounts of the reduction in the principal amount of such Bond (except in the case of the final maturity of such Bond, where the Bond certificate shall be presented to the City prior to payment).

Section 3.04. Notice of Redemption. In the event the City desires to call the Bonds for redemption prior to their Stated Maturity, written notice of such intent shall be provided to the Bond Registrar in accordance with K.S.A. 10-129, as amended, not less than 30 days prior to the date fixed for redemption. Unless waived by any Owner of Bonds to be redeemed, if the City shall call any Bonds for redemption and payment prior to the Stated Maturity, the City shall instruct the Bond Registrar to give written notice of its intention to call and pay the Bonds on a specified date, the same being described by the Stated Maturity, such notice to be mailed by United States first-class mail addressed to the Owners of the Bonds and to the Bond Insurer, if any, each of the notices to be mailed not less than 30 days prior to the date fixed for redemption. The City and Bond Registrar shall also give such additional notice as may be required by State law or regulations of the Securities and Exchange Commission in effect as of the date of such notice.

All official notices of redemption shall be dated and shall state:

(a) The Redemption Date;

(b) The Redemption Price;

87 14 4811-4995-5355.1 (c) If less than all Outstanding Bonds are to be redeemed, the identification (and, in the case of partial redemption, the respective principal amounts) of the Bonds to be redeemed;

(d) That on the Redemption Date the Redemption Price will become due and payable upon each such Bond or portion called for redemption, and that interest shall cease to accrue from and after the Redemption Date (unless the City defaults in the payment of the Redemption Price); and

(e) The place where such Bonds are to be surrendered for payment of the Redemption Price, which place of payment shall be the principal office of the Paying Agent.

During the time the Bonds are registered in the name of Cede & Co., the notice described in the immediately preceding paragraphs shall be delivered to the Securities Depository. The Securities Depository shall, in turn, notify its Participants. It is expected that the Participants, in turn, will notify or cause to be notified the beneficial owners of the Bonds. Any failure on the part of the Securities Depository, or failure on the part of a nominee of a beneficial owner of a Bond (having received notice from the City, a Participant or otherwise) to notify the beneficial owner of the Bonds so affected, shall not affect the validity of the redemption of such Bonds.

Prior to or simultaneously with any Redemption Date, the City shall deposit with the Paying Agent an amount of money sufficient to pay the Redemption Price of all the Bonds or portions of Bonds which are to be redeemed on that date. Upon surrender of such Bonds for redemption in accordance with the notice, such Bonds shall be paid by the Paying Agent at the Redemption Price. Installments of interest due on or prior to the Redemption Date shall be payable as provided for payment of interest. Upon surrender for any partial redemption of any Bond, there shall be prepared for the Owner a new Bond or Bonds of the same maturity in the amount of the unpaid principal. All Bonds which have been redeemed shall be canceled and destroyed by the Paying Agent and shall not be reissued.

Section 3.05. Effect of Call for Redemption. Whenever any Bond is called for redemption and payment as provided in this Article, all interest on such Bond shall cease from and after the date for which such call is made, provided funds are available for its payment at the Redemption Price specified.

ARTICLE IV

FORM OF THE BONDS

Section 4.01. Form of the Bonds. The Bonds shall be printed in accordance with the format required by the Attorney General of the State and shall contain information substantially in the form set forth on Exhibit A to this Resolution or as may be required by the Attorney General pursuant to the Notice of Systems of Registration

88 15 4811-4995-5355.1 for Kansas Municipal Bonds, 2 Kan. Reg. 921 (1983), in accordance with the Kansas Bond Registration Law, K.S.A. 10-620 to 10-632, inclusive.

ARTICLE V

ESTABLISHMENT OF FUNDS AND ACCOUNTS

Section 5.01. Creation of Funds and Accounts. Simultaneously with the issuance of the Bonds, there shall be created within the treasury of the City the following funds and accounts:

(a) Improvement Fund for the City of Shawnee, Kansas, Internal Improvement Bonds, Series 2014A;

(b) Principal and Interest Account for the City of Shawnee, Kansas, Internal Improvement Bonds, Series 2014A; and

Section 5.02. Administration of Funds and Accounts. The funds and accounts established shall be administered in accordance with the provisions of this Resolution so long as the Bonds are Outstanding.

ARTICLE VI

APPLICATION OF BOND PROCEEDS

Section 6.01. Disposition of Bond Proceeds. The proceeds of the Bonds, upon issuance and delivery, shall be deposited as follows:

(a) In the Principal and Interest Account, a sum equal to the accrued interest and premium, if any, on the Bonds; and

(b) The balance of the proceeds of the Bonds shall be deposited into the Improvement Fund.

Section 6.02. Withdrawals From the Improvement Fund. The City Treasurer shall make withdrawals from the Improvement Fund solely for the purpose of paying the Authorized Costs of the Improvements, including the redemption of any temporary notes previously authorized to provide interim financing for the Improvements and to pay costs of issuance of the Bonds.

Section 6.03. Surplus in the Improvement Fund. All moneys remaining in the Improvement Fund after the completion of the Improvements and payment of all Authorized Costs of the Improvements shall be transferred immediately to the Principal and Interest Account and applied to the next installment of principal due on the Bonds.

89 16 4811-4995-5355.1 Section 6.04. Substitution of Improvements. The City may elect to substitute or add other improvements pursuant to this Section provided the following conditions are met: (a) the Substitute Improvement and the issuance of internal improvement bonds to pay the cost of the Substitute Improvement has been authorized by the Governing Body of the City in accordance with the laws of the State; (b) a resolution or ordinance authorizing the use of the proceeds of the Bonds to pay the Authorized Costs of the Substitute Improvement has been adopted by the Governing Body of the City; (c) the Attorney General of the State has approved the amendment to the transcript of proceedings for the Bonds to include the Substitute Improvements; and (d) the City has received an opinion of Bond Counsel to the effect that the Substitute Improvement will not adversely affect the tax-exempt status of the Bonds under State or federal law and the Substitute Improvement has been authorized pursuant to this Section and the laws of the State. In determining the amount held in any fund or account under the provisions of this Resolution, Authorized Investments shall be valued at their principal par value or at their then redemption value, whichever is lower.

ARTICLE VII

PAYMENT OF THE BONDS

Section 7.01. Application of Moneys in the Principal and Interest Account. All amounts paid and credited to the Principal and Interest Account shall be expended and used by the City for the sole purpose of paying the principal of, premium, if any, and interest on the Bonds as and when the same become due and paying the usual and customary fees and expenses of the Paying Agent.

Section 7.02. Transfer of Funds to Paying Agent. The Finance Director is authorized and directed to withdraw from the Principal and Interest Account and forward to the Paying Agent sums sufficient to pay both principal of and premium, if any, and interest on the Bonds as and when the same become due, and also to pay the charges made by the Paying Agent for acting in such capacity in the payment of principal and interest on the Bonds, and the charges shall be forwarded to the Paying Agent over and above the amount of the principal of, premium, if any, and interest on the Bonds. If, through the lapse of time, or otherwise, the Owners of Bonds shall no longer be entitled to enforce payment of their obligations, it shall be the duty of the Paying Agent to return the funds to the City. All moneys deposited with the Paying Agent shall be deemed to be deposited in accordance with and subject to all of the provisions contained in this Resolution.

Section 7.03. Surplus in Principal and Interest Account. Any moneys or investments remaining in the Principal and Interest Account after the retirement of the indebtedness for which the Bonds were issued shall be transferred and paid into the Bond and Interest Fund of the City.

90 17 4811-4995-5355.1 ARTICLE VIII

DEPOSITS AND INVESTMENT OF FUNDS

Section 8.01. Deposits. Cash moneys in each of the funds and accounts created and established by this Resolution shall be deposited and secured in accordance with State law.

Section 8.02. Investments. Moneys held in the funds and accounts created or established in conjunction with the issuance of the Bonds may be invested by the City in Authorized Investments in such amounts and maturing at such times as shall reasonably provide for moneys to be available when required in the accounts or funds; provided, however, that no such investment shall be made for a period extending longer than to the date when the moneys invested may be needed for the purpose for which such fund or account was created. All interest on any Authorized Investment held in any fund or account shall (except amounts required to be deposited into the Rebate Fund in accordance with the Letter of Instructions) accrue to and become a part of such fund or account. In determining the amount held in any fund or account under the provisions of this Resolution, Authorized Investments shall be valued at their principal par value or at their then redemption value, whichever is lower.

Section 8.03. Deposits Into and Application of Moneys in the Rebate Fund.

(a) In the manner and at the times required by the Code, the City will determine or cause to be determined, the Excess Investment Earnings on each fund or account held by the City pursuant to this Resolution and will deposit, from moneys held on deposit in such fund or account or from any lawfully available source, into the Rebate Fund an amount equal to such Excess Investment Earnings, plus such additional moneys, if any, which are necessary or required to be set aside for rebate to the United States under the Code.

(b) All income or interest on the investment of moneys on deposit in the Rebate Fund will remain in such Rebate Fund unless and until required to be rebated to the United States.

(d) At the times and in the manner required by the Code, the City will pay to the United States from the appropriate Rebate Fund and if insufficient therefor, from other lawfully available funds of the City, the rebatable arbitrage for such series of Bonds calculated in accordance with the Code.

91 18 4811-4995-5355.1 ARTICLE IX

DEFAULT AND REMEDIES

Section 9.01. Remedies. The provisions of this Resolution, including the covenants and agreements contained, shall constitute a contract between the City and the Owners of the Bonds. The Owner or Owners of not less than 10% in principal amount of the Bonds at the time Outstanding shall have the right for the equal benefit and protection of all Owners of Bonds similarly situated:

(a) By mandamus or other suit, action or proceedings at law or in equity to enforce the rights of such Owner or Owners against the City and its officers, agents and employees, and to require and compel duties and obligations required by the provisions of this Resolution or by the Constitution and laws of the State;

(b) By suit, action or other proceedings in equity or at law to require the City, its officers, agents and employees to account as if they were the trustees of an express trust; and

(c) By suit, action or other proceedings in equity or at law to enjoin any acts or things which may be unlawful or in violation of the rights of the Owners of the Bonds.

Section 9.02. Limitation on Rights of Owners. The covenants and agreements of the City contained in this Resolution and in the Bonds shall be for the equal benefit, protection, and security of the Owners of any or all of the Bonds, all of which Bonds shall be of equal rank and without preference or priority of one Bond over any other Bond in the application of the funds pledged to the payment of the principal of and the interest on the Bonds, or otherwise, except as to rate of interest, date of Stated Maturity and right of prior redemption as provided in this Resolution. No one or more Owners secured shall have any right in any manner whatever by such Owner’s or Owners’ action to affect, disturb or prejudice the security granted and provided for in this Resolution, or to enforce any right hereunder, except in the manner provided, and all proceedings at law or in equity shall be instituted, had and maintained for the equal benefit of all Owners of such Outstanding Bonds.

Section 9.03. Remedies Cumulative. No remedy conferred upon the Owners is intended to be exclusive of any other remedy, but each such remedy shall be cumulative and in addition to every other remedy and may be exercised without exhausting and without regard to any other remedy conferred. No waiver of any default or breach of duty or contract by the Owner of any Bond shall extend to or affect any subsequent default or breach of duty or contract or shall impair any rights or remedies thereon. No delay or omission of any Owner to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver of any such default or acquiescence. Every substantive right and every remedy conferred upon the Owners of the Bonds by this Resolution may be enforced and 92 19 4811-4995-5355.1 exercised from time to time and as often as may be deemed expedient. In case any suit, action or proceedings taken by any Owner on account of any default or to enforce any right or exercise any remedy shall have been discontinued or abandoned for any reason, or shall have been determined adversely to such Owner, then, and in every such case, the City and the Owners of the Bonds shall be restored to their former positions and rights hereunder, respectively, and all rights, remedies, powers and duties of the Owners shall continue as if no such suit, action or other proceedings had been brought or taken.

ARTICLE X

AMENDMENTS

Section 10.01. Amendments. The City may from time to time, without the consent of or notice to any of the Owners, provide for amendment to the Bonds or this Resolution, for any one or more of the following purposes:

(a) To cure any ambiguity or formal defect or omission in this Resolution or Bonds or to make any other change not prejudicial to the Owners;

(b) To grant to or confer upon the Owners any additional rights, remedies, powers or authority that may lawfully be granted to or conferred upon the Owners;

(c) To conform this Resolution or Bonds to the Code or future applicable federal law concerning tax-exempt obligations; or

(d) To more precisely identify the Improvements.

The following modifications or amendments to the Bonds or this Resolution shall require the consent of 100% of the Owners of the Bonds:

(a) The extension of the Stated Maturity of the principal of any of the Bond, or the extension of the Stated Maturity of any interest on any of the Bonds;

(b) A reduction in the principal amount of any of the Bonds or the rate of interest on the Bonds;

(d) Any modification of the redemption features of the Bonds; or

(e) A reduction in the percentage of the Bonds required to adopt such amendment.

Amendments or modifications of the Bonds and this Resolution not listed above may be made at any time by the City with the written consent of the Owners of not less than a majority in aggregate principal amount of the Bonds at the time Outstanding. 93 20 4811-4995-5355.1 Section 10.02. Written Evidence of Amendments. Every amendment or modification of a provision of the Bonds or of this Resolution to which the written consent of the Owners is given as above provided shall be expressed in a resolution of the City amending or supplementing the provisions of this Resolution and shall be deemed to be a part of this Resolution. It shall not be necessary to note on any of the Outstanding Bonds any reference to such amendment or modification, if any. A certified copy of every such amendatory or supplemental resolution, if any, and a certified copy of this Resolution shall always be kept on file in the office of the City Clerk and shall be made available for inspection by the Owners of any Bond or prospective purchaser or Owners of any Bond authorized by this Resolution, and upon payment of the reasonable cost of preparing the same, a certified copy of any such amendatory or supplemental resolution or of this Resolution will be sent by the City Clerk to any such Owner or prospective Owner.

ARTICLE XI

DEFEASANCE

Section 11.01. Defeasance. When all or any part of the Bonds or scheduled interest payments shall have been paid and discharged, then the requirements contained and the pledge of the City’s faith and credit and all other rights granted shall cease and determine. Bonds or scheduled interest payments shall be deemed to have been paid and discharged within the meaning of this Resolution if there shall have been deposited with the Paying Agent or a bank located in the State and having full trust powers, at or prior to the Stated Maturity or Redemption Date of the Bonds, in trust for and irrevocably appropriated, moneys and/or United States Government Obligations, or other investments allowed by State law which, together with the interest to be earned on such United States Government Obligations, will be sufficient for the payment of the principal of the Bonds, the redemption premium thereon, if any there be, and/or interest accrued to the Stated Maturity or Redemption Date, as the case may be, or if default in such payment shall have occurred on such date, then to the date of the tender of such payments; provided, however, that if any such Bonds shall be redeemed prior to their Stated Maturity (a) the City has elected to redeem such Bonds; and (b) either notice of such redemption has been given or the City has given irrevocable instructions, or shall have provided an escrow agent to give irrevocable instructions to the Paying Agent to give such notice of redemption in compliance with Article III of this Resolution. Any moneys and United States Government Obligations which at any time shall be deposited with the Paying Agent or such bank by or on behalf of the City, for the purpose of paying and discharging any of the Bonds shall be and are assigned, transferred and set over to the Paying Agent or such bank in trust for the respective Owners of the Bonds, and such moneys shall be and are irrevocably appropriated to the payment and discharge. All moneys and United States Government Obligations deposited with the Paying Agent or such bank shall be deemed to be deposited in accordance with and subject to all of the provisions contained in this Resolution.

94 21 4811-4995-5355.1 ARTICLE XII

TAX COVENANTS

Section 12.01. General Covenants.

(a) The City covenants and agrees that:

(i) It will comply with all applicable provisions of the Code, including Sections 103 and 141 through 150, necessary to maintain the exclusion from gross income for federal income tax purposes of the interest on the Bonds; and

(ii) It will not use or permit the use of any proceeds of Bonds or any other funds of the City, not take or permit any other action, or fail to take any action, if any such action or failure to take action would adversely affect the exclusion from gross income of the interest on the Bonds. The City will, in addition, adopt such other ordinances or resolutions and take such other actions as may be necessary to comply with the Code and with all other applicable future laws, regulations, published rulings and judicial decisions, in order to ensure that the interest on the Bonds will remain excluded from federal gross income, to the extent any such actions can be taken by the City.

(b) The City covenants and agrees that:

(i) It will comply with all requirements of Section 148 of the Code to the extent applicable to the Bonds;

(ii) It will use the proceeds of the Bonds as soon as practicable and with all reasonable dispatch for the purposes for which the Bonds are issued; and

(iii) It will not invest or directly or indirectly use or permit the use of any proceeds of the Bonds or any other funds of the City in any manner, or take or omit to take any action, that would cause the Bonds to be “arbitrage bonds” within the meaning of Section 148(a) of the Code.

(c) The City covenants and agrees that it will not use any portion of the proceeds of the Bonds, including any investment income earned on such proceeds, directly or indirectly, in a manner that would cause any Bond to be a “private activity bond” within the meaning of Section 141(a) of the Code.

Section 12.02. Rebate Covenants. The City covenants and agrees that it will pay or provide for the payment from time to time all amounts required to be rebated to the United States pursuant to Section 148(f) of the Code and any Treasury Regulations applicable to the Bonds from time to time. The City specifically covenants to pay or cause to be paid to the United States, the required amounts of rebatable arbitrage at the 95 22 4811-4995-5355.1 times and in the amounts as determined by the Letter of Instructions. Notwithstanding anything to the contrary contained in this Resolution, the Letter of Instructions may be amended or replaced if, in the opinion of Bond Counsel, such amendment or replacement will not adversely affect the exclusion from gross income for federal income tax purposes of interest on the Bonds.

Section 12.03. Survival of Covenants. The covenants contained in this Article shall remain in full force and effect notwithstanding the defeasance of the Bonds pursuant to Article XI or any other provision of this Resolution until the final Stated Maturity date of all Bonds Outstanding.

ARTICLE XIII

DISCLOSURE

Section 13.01. Preliminary Official Statement and Final Official Statement. The City ratifies and confirms its prior approval of the form and content of the Preliminary Official Statement. The Preliminary Official Statement is “deemed final” by the City except for the omission of certain information as provided in the SEC Rule. The City approves the form and content of any addenda, supplement, or amendment thereto utilized to prepare the Final Official Statement. The Final Official Statement is “deemed final” by the City in accordance with the provisions of the SEC Rule. The use of the Final Official Statement in the reoffering of the Bonds by the Original Purchaser is approved and authorized. The proper officials of the City are authorized to execute and deliver a certificate pertaining to the accuracy and adequacy of the information in the Preliminary Official Statement and the Final Official Statement.

Section 13.02. Continuing Disclosure. The following undertaking which functions as a master undertaking for the benefit of the Owners of the Bonds, including beneficial owners of the Bonds, as required to establish legal preconditions for sale of the Bonds through an underwriter or underwriters, under Section (b)(5)(i) of Securities and Exchange Commission (“SEC”) Rule 15c2-12 (the “Rule”) promulgated under the Securities Exchange Act of 1934, as amended.

(a) The following are the definitions of the capitalized terms used in this Resolution and not otherwise defined elsewhere herein:

(i) "Annual Financial Information" means the City's Comprehensive Annual Financial Report ("CAFR"), presenting financial and statistical information for the previous fiscal year (prepared in accordance with the guidelines of the Government Finance Officers Association of the United States and Canada ("GFOA"), as the same may be from time to time amended), and operating data with respect to the City, provided at least annually, of the type included in the official statement relating to the Bonds: City Property Values, City Indebtedness and City Tax Rates, Levies and Collections.

96 23 4811-4995-5355.1 (ii) "Audited Financial Statements" means the City's general purpose financial statements for the previous fiscal year, prepared in accordance with GAAP for governmental units as prescribed by the GASB (except as otherwise stated or disclosed in the notes thereto or as otherwise required by applicable law, as the same may be from time to time amended), which will have been audited by such auditor(s) as is then required or permitted by applicable law.

(iii) “EMMA” means the Electronic Municipal Market Access facility for municipal securities disclosure of the MSRB, or any other market access method approved under the Rule.

(iv) “GAAP” means generally accepted accounting principles.

(v) “GASB” means the Governmental Accounting Standards Board or its successors or assigns.

(vi) "Material Event" means any of the following events, if material, with respect to any of the Outstanding Bonds:

(A) Principal and interest payment delinquencies;

(B) Non-payment related defaults, if material;

(D) Unscheduled draws on credit enhancements reflecting financial difficulties;

(E) Substitution of credit or liquidity providers or their failure to perform;

(F) Adverse tax opinions or events affecting the tax- exempt status of the security;

(G) Modifications to rights of security holders, if material;

(H) Bond calls (other than mandatory sinking fund redemptions), if material, and tender offers;

(I) Defeasances;

(J) Release, substitution, or sale of property securing repayment of the securities, if material;

(K) Rating changes;

97 24 4811-4995-5355.1 (L) Bankruptcy, insolvency, receivership or similar event of the obligated person (this event is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent or similar officer for an obligated person in proceedings under the U.S. Bankruptcy Code or in any other proceedings under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the obligated person, or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the obligated person.);

(M) The consummation of a merger, consolidation, or acquisition involving an obligated person or the sale of all or substantially all of the assets of the obligated person, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other that pursuant to its terms, if material; and

(N) Appointment of a successor or additional trustee or the change of name of a trustee, if material.

(vii) "Material Event Notice" means notice in Prescribed Form in accordance with EMMA of a Material Event.

(viii) "MSRB" means the Municipal Securities Rulemaking Board and any successors or assigns, or any other entities or agencies approved under the Rule.

(ix) "Outstanding" when used with reference to any of the Bonds means, as of a particular date, all Bonds theretofore authenticated and delivered under one or more resolutions of the City, except: (i) Bonds theretofore canceled by the fiscal agent or paying agent (as defined in this Resolution) or delivered to such fiscal agent or paying agent for cancellation; (ii) Bonds for which payment or redemption monies or government securities (as defined in this Resolution), or both, in the necessary amounts have been deposited with the fiscal agent or paying agent or other such depository as provided in the Ordinance and this Resolution authorizing the issuance of such Bonds, in trust for the owners thereof (whether upon or prior to maturity or the Redemption Date(s) of such Bonds); or (iii) Bonds in exchange for or in lieu of which refunding 98 25 4811-4995-5355.1 Bonds have been authenticated and delivered pursuant to the terms of (and within the meaning of) this Resolution.

(x) “Prescribed Form” means such electronic format accompanied by such identifying information as prescribed by the MSRB and which is in effect on the date of filing of the applicable information.

(xi) "Redemption Date(s)" means, when used with respect to any Bonds, the date(s) established as such in this Resolution.

(xii) “Report Date” means December 31st of each year, beginning December 31, 2014.

(b) The City, as an “obligated person” within the meaning of the Rule, undertakes to provide the following information, at the times and to the recipients as described in this Resolution:

(i) Annual Financial Information;

(ii) Audited Financial Statements; and

(iii) Material Event Notices.

(c) So long as the Rule continues to require an undertaking to make ongoing disclosure as established herein, or performance of prior such undertakings, then, with respect to all of the Bonds issued subject to such requirements which remain Outstanding:

(i) The City will provide the Annual Financial Information in Prescribed Form in accordance with EMMA to the MSRB, on or before the Report Date. The City may adjust the Report Date if the City changes its fiscal year by providing written notice of the change of fiscal year and the new Report Date to the MSRB; provided that the new Report Date will be six months after the end of the new fiscal year and provided further that the period between the final Report Date relating to the former fiscal year and the initial Report Date relating to the new fiscal year does not exceed one year in duration. It will be sufficient if the City provides to the MSRB the Annual Financial Information by specific reference to documents available to the public on the MSRB’s Internet Web site, or filed with the SEC.

(ii) If not provided as part of the Annual Financial Information, the City will provide the Audited Financial Statements when and if available to the MSRB in Prescribed Form in accordance with EMMA.

(iii) If a Material Event occurs, the City will file a Material Event Notice within ten business days of such Material Event in Prescribed Form in accordance with EMMA with the MSRB. Each "Material Event Notice" 99 26 4811-4995-5355.1 will be so captioned, and will prominently state the date, title and CUSIP numbers of the Bonds to which the Material Event(s) covered by the Material Event Notice pertain(s).

(iv) The City will provide in Prescribed Form in accordance with EMMA in a timely manner to the MSRB notice of any failure by the City to provide Annual Financial Information on or before the Report Date to the MSRB as required by the terms of this Resolution.

(d) The information listed in this Resolution will be provided by the City to the MSRB, at www.emma.msrb.org, in the Prescribed Form or by such other method of transmitting information that is approved by the SEC.

(e) This Resolution or any provision thereof, is subject to nullification and repeal in the event that the City first delivers to the MSRB, an opinion of nationally recognized bond counsel to the effect that those portions of the Rule that require the provisions of this Resolution as a condition for particular underwriter conduct, or any such provision, are invalid, have been repealed retroactively or otherwise do not apply to the Bonds. This Resolution may be amended without the consent of the holders or beneficial owners of the Bonds, following the delivery by the City to the MSRB, of the proposed amendment and the opinion of nationally recognized bond counsel to the effect that such amendment, and giving effect thereto, will not adversely affect the adequacy of this Resolution or the adequacy of the City's subsequent conduct for purposes of compliance with the Rule, provided, however, that no such amendment will be made unless the following conditions are satisfied:

(i) The amendment may only be made in connection with a change in circumstances that arises from a change in legal requirements, change in law, or change in the identity, nature, or status of the City, or type of business conducted;

(ii) The undertaking, as amended, would have complied with the requirements of the Rule at the time of any primary offering to which the undertaking applies, after taking into account any amendments or interpretations of the Rule, as well as any change in circumstances;

(iii) The amendment does not materially impair the interests of holders, as determined either by parties unaffiliated with the City (such as the trustee or bond counsel) or by approving vote of holders of the Bonds pursuant to the terms of the governing instrument(s) at the time of the amendment;

(iv) If the amendment changes the type of operating data or financial information provided pursuant to the City's undertaking, the Annual Financial Information containing the amended operating data or financial information will explain, in narrative form, the reasons for the 100 27 4811-4995-5355.1 amendment and the impact of the change in the type of operating data or financial information being provided; and

(v) If the amendment alters portions of the City's undertaking specifying the accounting principles to be followed in preparing financial statements, the Annual Financial Information for the year in which the change is made will present a comparison between the financial statements or information prepared on the basis of the new accounting principles and those prepared on the basis of the former accounting principles, which comparison should include a qualitative (and to the extent reasonably feasible, quantitative) discussion of the differences in the accounting principles and the impact of the change in principles on the presentation of the financial information. A notice of the change in accounting principles will be sent to the MSRB.

(f) Any failure by the City to perform in accordance with this Resolution does not constitute an "Event of Default" or "Default" within the meaning of any ordinance or resolution authorizing the issuance of any of the Bonds, and the rights and remedies provided to holders or beneficial owners of the Bonds under such resolution(s) upon the occurrence of such a "Default" or such an "Event of Default" do not apply to any such failure.

(g) If any of the foregoing provisions or terms of this Resolution, or any application thereof, is held invalid, the invalidity does not affect other applications of the provisions or terms of this Resolution which reasonably can be given effect without the invalid provision or term or the application thereof, and to this end, the provisions of this Resolution are declared to be severable.

(h) None of the provisions of this Resolution are in any way intended to impose upon, or result in an assumption by, the City or any of its officers, agents or employees, of any special duty or any civil law duty of care as to which any breach or alleged breach thereof could give rise to any claim for damages in tort, and the City hereby expressly disclaims any such duty or responsibility for damages, including (but not limited to) any direct, indirect, special or consequential damages. The provisions of this Resolution do not, in any way, create liability or a basis for liability on the part of the City or any officer or employee thereof for any damages that result from failure of the City to timely perform any portion, provision, term or condition of the written undertaking on its part established herein, or for any damages that result from reliance upon any provision of this Resolution or any administrative decision lawfully made thereunder. However, nothing in this Resolution is to operate or be construed to limit the rights of any holder or beneficial owner of any Bond to seek enforcement of the undertakings herein expressed through proceedings for a decree of specific performance in equity.

101 28 4811-4995-5355.1 (i) This Resolution inures solely to the benefit of the holders of the Bonds required by Section (b)(5)(i) of the Rule, and creates no rights in any other person or entity.

(j) The City will maintain records of all disclosure made pursuant to this Resolution, including the content of such disclosure, the names of the entities with whom such disclosure was filed and the date of filing such disclosure.

ARTICLE XIV

MISCELLANEOUS PROVISIONS

Section 14.01. Severability. In case any one or more of the provisions of this Resolution or of the Bonds issued hereunder shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this Resolution, or of the Bonds appertaining thereto, but this Resolution and the Bonds shall be construed and enforced as if such illegal or invalid provision had not been contained. In case any covenant, stipulation, obligation or agreement contained in the Bonds or in this Resolution shall for any reason be held to be in violation of law, then such covenant, stipulation, obligation or agreement shall be deemed to be the covenant, stipulation, obligation or agreement of the City to the full extent permitted by law.

Section 14.02. Payments Due on Saturdays, Sundays and Holidays. In any case where the date of maturity of principal of, premium, if any, or interest on the Bonds or the date fixed for redemption of any Bonds shall be a Saturday, a Sunday or a legal holiday or a day on which banking institutions in New York, New York, are authorized by law to close, then payment of principal of, premium, if any, or interest on the Bonds need not be made on such date but may be made on the next succeeding Business Day not a Saturday, a Sunday or a legal holiday or a day upon which banking institutions are authorized by law to close with the same force and effect as if made on the date of maturity or the date fixed for redemption, and no interest shall accrue for the period after such date.

Section 14.03. Further Authority. The Mayor, City Clerk, Finance Director and other officials of the City are further authorized and directed to execute any and all documents and take such actions as they may deem necessary or advisable in order to carry out and perform the purposes of this Resolution to make alterations, changes or additions in the agreements, statements, instruments and other documents herein approved, authorized and confirmed which they may approve and the execution or taking of such action shall be conclusive evidence of such necessity or advisability.

Section 14.04. Governing Law. This Resolution and the Bonds shall be governed exclusively by and construed in accordance with the applicable laws of the State.

102 29 4811-4995-5355.1 Section 14.05. Effective Date. This Resolution shall take effect and be in full force from and after its adoption by the Governing Body of the City.

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103 30 4811-4995-5355.1 THIS RESOLUTION is hereby adopted by the Governing Body of the City of Shawnee, Kansas, this 23rd day of June, 2014.

CITY OF SHAWNEE, KANSAS

By: Jeff Meyers Mayor (SEAL)

ATTEST:

By: Stephen Powell City Clerk

APPROVED AS TO FORM:

By: M. Ellis Rainey, II Assistant City Attorney

104 Resolution Prescribing Form – Internal Improvement Bonds, Series 2014A EXHIBIT A

FORM OF BOND

Unless this certificate is presented by an authorized representative of The Depository Trust Company, a New York corporation; (“DTC”), to Issuer or its agent for registration of transfer, exchange, or payment, and any certificate issued is registered in the name of Cede & Co. or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein.

REGISTERED REGISTERED NUMBER R-__ $______

UNITED STATES OF AMERICA STATE OF KANSAS CITY OF SHAWNEE INTERNAL IMPROVEMENT BOND SERIES 2014A

Interest Rate: Maturity Date: Dated Date: CUSIP: ____% ______July 29, 2014 ______

REGISTERED OWNER: Cede & Co.

FEDERAL TAX I.D. NUMBER: 13-2555119

PRINCIPAL AMOUNT: ______

KNOW ALL PERSONS BY THESE PRESENTS: That the City of Shawnee, in the County of Johnson, State of Kansas (the “City”), for value received, acknowledges itself to be indebted and promises to pay to the owner identified above or registered assigns (the “Owner”), as of the Record Dates, as provided on the Maturity Date identified above, the Principal Amount identified above, and in like manner to pay interest on such Principal Amount at the rate of interest per annum set forth above (computed on the basis of a 360-day year of twelve 30-day months), semiannually on June 1 and December 1 of each year, commencing June 1, 2015 (the “Interest Payment Dates”), until the Principal Amount is paid from the Dated Date hereof or the most recent Interest Payment Date to which interest has been paid. All capitalized terms used and not defined herein shall have the meanings given to such terms in Resolution (as defined herein).

Unless this Bond is presented by an authorized representative of The Depository Trust Company, a New York corporation (“DTC”), to the City or its agent for registration 105 4811-4995-5355.1 A-1 of transfer, exchange, or payment, and any certificate issued is registered in the name of Cede & Co. or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the Registered Owner thereof, Cede & Co., has an interest herein.

The principal or redemption price of this Bond shall be paid at maturity or upon earlier redemption to the person in whose name this Bond is registered at the maturity or redemption date, upon presentation and surrender of this Bond at the principal office of the Treasurer of the State of Kansas, Topeka, Kansas (the “Paying Agent” and “Bond Registrar”). The interest payable on this Bond on any Interest Payment Date shall be paid to the person in whose name this Bond is registered on the registration books maintained by the Bond Registrar at the close of business on the record date for such interest, which shall be the fifteenth day (whether or not a business day) of the calendar month next preceding the Interest Payment Date (the “Record Dates”). Such interest shall be payable (a) by check or draft mailed by the Paying Agent to the address of the Owner shown on the Bond Register; (b) at such other address as is furnished to the Paying Agent in writing by the Owner; or (c) in the case of an interest payment to any Owner that is a securities depository, by wire transfer to such Owner upon written notice given to the Paying Agent by such Owner, not less than 15 days prior to the Record Date for such interest, containing the wire transfer address (which shall be in the continental United States) to which such Owner wishes to have such wire directed. The principal or redemption price of and interest on the Bonds shall be payable in any coin or currency that, on the respective dates of payment, is legal tender for the payment of public and private debts.

This Bond is one of an authorized series of Bonds of the City designated “Internal Improvement Bonds, Series 2014A,” in an aggregate principal amount of $[3,720,000] (the “Bonds”) issued for the purposes set forth in the Ordinance of the City authorizing the issuance of the Bonds and the Resolution of the City prescribing the form and details of the Bonds (collectively, the “Resolution”).

The Bonds are issued by the authority of and in full compliance with the provisions, restrictions and limitations of the Constitution and laws of the State of Kansas, including, but not limited to, K.S.A. 10-101 to 10-125, inclusive, K.S.A. 12-6a01 et seq., all as amended, the Resolution and all other applicable provisions of the laws of the State of Kansas. The Bonds constitute general obligations of the City payable as to both principal and interest in part from ad valorem taxes which may be levied without limitation as to rate or amount upon all the taxable tangible property, real and personal, within the territorial limits of the City, and in part from special assessments levied against real property benefited by certain of the Improvements financed with proceeds of the Bonds and, if not so paid, from ad valorem taxes. The full faith, credit and resources of the City are irrevocably pledged for the prompt payment of the principal of and interest on the Bonds as the same become due.

106 4811-4995-5355.1 A-2 At the option of the City, Bonds maturing on December 1, 2023, and thereafter, may be called for redemption and payment prior to maturity on December 1, 2022, or thereafter at any time, in whole or in part (selection of Bonds to be designated by the City in such equitable manner as it may determine), at the redemption price of 100% (expressed as a percentage of the principal amount), plus accrued interest to the date of redemption.

[The mandatory redemption amount for any Term Bond may be reduced by the principal amount of any Term Bonds redeemed prior to its Stated Maturity pursuant to optional redemption as set forth in Section 3.01 of the Resolution. To effect such reduction, the City shall notify the Bond Registrar on or before the 45th day preceding the applicable mandatory redemption date, setting forth the extent of the reduction to be applied with respect to the mandatory sinking fund requirement.]

Whenever the City is to select Bonds for the purpose of redemption, it shall, in the case of Bonds in denominations greater than $5,000, if less than all of the Bonds then Outstanding are to be called for redemption, treat each $5,000 of face value of each such fully registered Bond as though it were a separate Bond in the denomination of $5,000.

If any Bonds are called for redemption and payment prior to their Stated Maturity, the City shall instruct the Bond Registrar to give written notice of its intention to call and pay such Bonds on a specified date, the same being described by the State Maturity, this notice to be mailed by United States first-class mail addressed to the Owners of the Bonds, each of these notices to be mailed not less than 30 days prior to the date fixed for redemption. All Bonds so called for redemption and payment as described above shall cease to bear interest from and after the date for which such call is made, provided funds are available for the payment of such Bonds at the price specified.

The Bonds are issued in fully registered form in the denomination of $5,000 or any integral multiple. This Bond may be transferred or exchanged, as provided in the Resolution, only on the Bond Register kept for that purpose at the office of the Bond Registrar, upon surrender of this Bond together with a written instrument of transfer or authorization for exchange satisfactory to the Bond Registrar executed by the Owner or the Owner’s authorized agent, and thereupon a new Bond or Bonds in any authorized denomination of the same maturity and in the same aggregate principal amount shall be issued to the transferee in exchange therefor as provided in the Resolution and upon payment of the charges prescribed. The City, the Paying Agent and the Bond Registrar may deem and treat the person in whose name this Bond is registered on the Bond Register as the absolute owner for the purpose of receiving payment of, or on account of, the principal or redemption price and interest due and for all other purposes, and the City, the Paying Agent and the Bond Registrar shall not be affected by any notice to the contrary. The City shall pay all costs incurred in connection with the issuance, payment and initial registration of the Bonds and the cost of a reasonable supply of bond blanks.

The City and the Bond Registrar will not be required to issue, register, transfer or exchange any Bonds during a period beginning on the day following the Record Date 107 4811-4995-5355.1 A-3 preceding any Interest Payment Date and ending at the close of business on such Interest Payment Date or within thirty (30) days of a date on which Bonds are to be redeemed after notice of such redemption is given pursuant to the terms of the Resolution.

This Bond shall not be valid or become obligatory for any purpose until the Certificate of Authentication and Registration hereon shall have been lawfully executed by the Bond Registrar.

IT IS DECLARED AND CERTIFIED that all acts, conditions, and things required to be done and to exist precedent to and in the issuance of this Bond have been properly done and performed and do exist in due and regular form and manner as required by the Constitution and laws of the State of Kansas, and that the total indebtedness of the City, including this series of Bonds, does not exceed any constitutional or statutory limitation.

108 4811-4995-5355.1 A-4 IN WITNESS WHEREOF, the City has caused this Bond to be executed by the manual or facsimile signature of its Mayor and attested by the manual or facsimile signature of its City Clerk and the seal of the City to be affixed hereto or imprinted hereon and has caused this Bond to be dated the Dated Date shown above.

CITY OF SHAWNEE, KANSAS

By: Mayor (SEAL)

ATTEST:

By: City Clerk

CERTIFICATE OF CITY CLERK

STATE OF KANSAS ) ) SS. COUNTY OF JOHNSON )

I, the undersigned, City Clerk of the City of Shawnee, Kansas, hereby certify that the within Bond has been duly registered in my office according to law.

WITNESS my hand and official seal this 29th day of July, 2014.

By: City Clerk

(SEAL)

109 4811-4995-5355.1 A-5

CERTIFICATE OF AUTHENTICATION AND REGISTRATION

This Bond is one of a series of Internal Improvement Bonds, Series 2014A, of the City of Shawnee, Kansas, described in the within-mentioned Resolution.

Registration Date: ______OFFICE OF THE STATE TREASURER TOPEKA, KANSAS, as Bond Registrar and Paying Agent

By:

Registration Number: ______

CERTIFICATE OF STATE TREASURER OFFICE OF THE TREASURER, STATE OF KANSAS

I, Ron Estes, Treasurer of the State of Kansas, do certify that a transcript of the proceedings leading up to the issuance of this Bond has been filed in my office, and that this Bond was registered in my office according to law on ______, 2014.

WITNESS my hand and official seal.

By: Treasurer of the State of Kansas (Seal)

110 4811-4995-5355.1 A-6

FORM OF ASSIGNMENT

For value received, the undersigned do(es) hereby sell, assign and transfer unto ______(Name, Address and Tax Identification or Social Security Number) ______the within-mentioned registered Bond and hereby irrevocably constitute(s) and appoint(s) ______as agent, to transfer the same on the books of the Bond Registrar with full power of substitution in the premises.

Dated:

Signature Guaranteed By:

(Name of Institution) ______By: _____ Title: NOTICE: The signature(s) on this NOTICE: Signature(s) must be guaranteed Assignment must correspond with the by name(s) as written on the face of the an Eligible Guarantor Institution. within Series 2014A Bond in every particular, without alteration or enlargement or any change whatsoever.

111 4811-4995-5355.1 A-7 EXHIBIT B

ADDITIONAL TERMS OF THE BONDS

Definitions. The following terms defined in this Resolution shall have the meanings ascribed below:

“Ordinance” means Ordinance No. ______of the City authorizing the issuance of the Bonds.

“Original Purchaser” means [UNDERWRITER], [CITY, STATE], the original purchaser of the Bonds.

“Purchase Price” for the Bonds shall be the par value of the Bonds plus accrued interest to the date of delivery, less an underwriter’s discount of $______, plus a premium of $______.

[“Term Bonds” mean the 20__ Term Bonds, the 20__ Term Bonds and the 20__ Term Bonds.

“20__ Term Bonds” mean the Bonds maturing in the year 20__.

“20__ Term Bonds” mean the Bonds maturing in the year 20__.]

Maturity Schedule. All of the Bonds shall become due on the Stated Maturities, and shall bear interest as the rates per annum as follows:

SERIAL BONDS

Maturity Principal Interest December 1 Amount Rate 2016 $ % 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028

112 B-1 4811-4995-5355.1 [TERM BONDS

Maturity Principal Interest December 1 Amount Rate 20__ $ % 20__ 20__

Mandatory Redemption. Each of the 20__ Term Bonds shall also be subject to mandatory redemption and payment on December 1, 20__, or on any Stated Maturity thereafter, pursuant to the redemption schedule set out below, at the principal amount, plus accrued interest to date fixed for redemption and payment, without premium. The City agrees to redeem the following principal amounts of the 20__ Term Bonds in each of the following years:

Principal Amount Year $ 20__ 20__* *Final Maturity

Principal Amount Year $ 20__ 20__* *Final Maturity] 113 4811-4995-5355.1 B-2 CITY OF SHAWNEE

RESOLUTION NO. _____

A RESOLUTION ACCEPTING THE BEST BID FOR $[20,970,000] PRINCIPAL AMOUNT OF INTERNAL IMPROVEMENT REFUNDING BONDS, SERIES 2014B, OF THE CITY OF SHAWNEE, KANSAS, AND AUTHORIZING FURTHER ACTION IN CONNECTION WITH THE ISSUANCE AND SALE OF SAID BONDS.

WHEREAS, the City of Shawnee, Kansas (the “City”), has duly advertised for sale approximately $20,970,000 principal amount of the City’s Internal Improvement Refunding Bonds, Series 2014B (the “Bonds”), dated July 29, 2014, said bids to be opened at 11:00 a.m., Central Daylight Saving Time, on Monday, June 23, 2014; and

WHEREAS, bids were received at the appointed time and date by the City; and

NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF SHAWNEE, KANSAS, AS FOLLOWS:

Section 3. The distribution of the Notice of Sale and the Preliminary Official Statement in the State of Kansas and the rest of the United States is hereby ratified and confirmed.

Section 4. This Resolution shall take effect and be in force from and after its adoption by the Governing Body of the City of Shawnee, Kansas. 114 4846-0520-9627.1 THIS RESOLUTION is hereby adopted by the Governing Body of the City of Shawnee, Kansas, this 23rd day of June 2014.

CITY OF SHAWNEE, KANSAS

By: Jeff Meyers Mayor (SEAL)

ATTEST:

By: Stephen Powell City Clerk

APPROVED AS TO FORM:

By: M. Ellis Rainey, II Assistant City Attorney

115 Resolution Accepting Best Bid – Internal Improvement Refunding Bonds, Series 2014B CITY OF SHAWNEE

ORDINANCE NO. _____

AN ORDINANCE AUTHORIZING THE ISSUANCE AND DELIVERY OF $[20,970,000] PRINCIPAL AMOUNT OF INTERNAL IMPROVEMENT REFUNDING BONDS, SERIES 2014B, OF THE CITY OF SHAWNEE, KANSAS AND PROVIDING FOR THE LEVY AND COLLECTION OF AN ANNUAL TAX FOR THE PURPOSE OF PAYING THE PRINCIPAL OF AND INTEREST ON THE BONDS AS THEY BECOME DUE.

WHEREAS, the City previously issued its Internal Improvement Bonds, Series 2005A (the “Series 2005A Bonds”), dated November 15, 2005, in the original principal amount of $7,355,000 for the purpose of providing funds to finance the costs of various storm drainage, street and main trafficway improvements within the City; and

WHEREAS, the City previously issued its Internal Improvement Bonds, Series 2007A (the “Series 2007A Bonds”), dated July 15, 2007, in the original principal amount of $19,350,000 for the purpose of providing funds to finance the costs of various main trafficway improvements and to construct a justice center within the City; and

WHEREAS, the Series 2005A Bonds maturing in the years 2016 through 2020 are currently outstanding in the principal amount of $2,910,000, the principal of such maturities constituting the “Series 2005A Refunded Bonds”; and

WHEREAS, the Series 2007A Bonds maturing in the years 2014 through 2027 are currently outstanding in the principal amount of $15,695,000 (the “Series 2007A Refunded Bonds”); and

WHEREAS; the Series 2005A Refunded Bonds and the Series 2007A Refunded Bonds are referred to collectively herein as, the “Refunded Bonds”; and

WHEREAS, pursuant to K.S.A. 10-101 to 10-125, inclusive, and K.S.A. 10-427 and 10-427a, as may be amended, and other provisions of the laws of the State applicable thereto, by proceedings had, the Governing Body of the City is authorized to issue its general obligation refunding bonds for the purpose of refunding all or a part of its outstanding general obligation bonds, including the Refunded Bonds; and

WHEREAS, the Governing Body of the City hereby finds and determines in order to achieve interest cost savings to reduce debt service requirements of the City in certain years and to provide a more economical and efficient program for the retirement of the indebtedness represented by the Refunded Bonds it has become desirable and in the best interest of the City and its inhabitants to issue general obligation refunding bonds of the City in a principal amount of $[20,970,000] to refund the Refunded Bonds. 116 4851-3150-9787.1 NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF SHAWNEE, KANSAS, AS FOLLOWS:

Section 1. Definitions of Words and Terms.

“Bond and Interest Fund” means the Bond and Interest Fund of the City for its general obligation refunding bonds.

“Bonds” mean the City’s Internal Improvement Refunding Bonds, Series 2014B, authorized by this Ordinance, in the principal amount of $[20,970,000], and dated July 29, 2014.

“City” means the City of Shawnee, Kansas.

“City Clerk” means the appointed and acting City Clerk of the City or, in the City Clerk’s absence, the appointed acting City Clerk of the City.

“City Manager” means the appointed and acting City Manager of the City or, in the City Manager’s absence, the appointed acting City Manager of the City.

“City Treasurer” means the appointed and acting City Treasurer of the City or, in the City Treasurer’s absence, the appointed acting City Treasurer of the City.

“Code” means the Internal Revenue Code of 1986, as amended, and the applicable regulations proposed or promulgated thereunder of the United States Department of the Treasury.

“Finance Director” means the duly qualified and acting Finance Director of the City.

“Improvements” mean the improvements constructed with the proceeds of the Refunded Bonds.

“Mayor” means the elected and acting Mayor of the City or, in the Mayor’s absence, the appointed acting Mayor of the City.

“Ordinance” means this Ordinance of the City authorizing the issuance of the Bonds.

“Paying Agent” means the State Treasurer, Topeka, Kansas, and any successors and assigns.

“Refunded Bonds” mean the Series 2005A Refunded Bonds and the Series 2007A Refunded Bonds.

“Resolution” means the Resolution of the City containing the terms and details of the Bonds.

117 2 4851-3150-9787.1 “Series 2005A Bonds” mean the Series 2005A Bonds described in the recitals to this Ordinance.

“Series 2005A Refunded Bonds” mean the Series 2005A Refunded Bonds described in the recitals to this Ordinance.

“Series 2007A Bonds” mean the Series 2007A Bonds described in the recitals to this Ordinance.

“Series 2007A Refunded Bonds” mean the Series 2007A Refunded Bonds described in the recitals to this Ordinance.

“State” means the State of Kansas.

Section 2. Authorization of and Security for the Bonds. There shall be issued and hereby are authorized and directed to be issued the City’s Internal Improvement Refunding Bonds, Series 2014B (the “Bonds”), in the principal amount of $[20,970,000], for the purpose of providing funds to refund the Refunded Bonds, including funds to pay the costs of issuance of and a portion of the interest on the Bonds.

Section 4. Levy and Collection of Annual Tax. The Governing Body will annually make provision for the payment of the principal of, premium, if any, and interest on the Bonds as the same become due by levying and collecting the necessary ad valorem taxes upon all of the taxable tangible property, real and personal, located within the City in the manner provided by law.

The taxes referred to above will be extended upon the tax rolls in each of the several years, respectively, and will be levied and collected at the same time and in the same manner as the general ad valorem taxes of the City are levied and collected. The proceeds derived from said taxes will be deposited in the Bond and Interest Fund of the City and will be used exclusively for payment of the principal of and interest on the City’s general obligation bonds, including the Bonds, as the same become due, and payment of the Paying Agent’s fees.

If at any time said taxes are not collected in time to pay the principal of or interest on the Bonds when due, the Finance Director is authorized and directed by the 118 3 4851-3150-9787.1 Resolution to pay said principal or interest out of the general funds of the City and to reimburse said general funds for money so expended when taxes are collected.

Section 5. Tax Covenants. The City covenants and agrees that (1) it will comply with all applicable provisions of the Code, including Sections 103 and 141 through 150, necessary to maintain the exclusion from gross income for federal income tax purposes of the interest on the Bonds; (2) it will comply with all requirements of Section 148 of the Code to the extent applicable to the Bonds; (3) it will use the proceeds of the Bonds as soon as practicable and with all reasonable dispatch for the purposes for which the Bonds are issued; (4) it will not invest or directly or indirectly use or permit the use of any proceeds of the Bonds or any other funds of the City in any manner, or take or omit to take any action, that would cause the Bonds to be “arbitrage bonds” within the meaning of Section 148(a) of the Code; and (5) it will not use or permit the use of any proceeds of Bonds or any other funds of the City nor take or permit any other action, or fail to take any action, if any such action or failure to take action would adversely affect the exclusion from gross income of the interest on the Bonds. The City will, in addition, adopt such other ordinances or resolutions and take such other actions as may be necessary to comply with the Code and with all other applicable future laws, regulations, published rulings and judicial decisions, in order to ensure that the interest on the Bonds will remain excluded from federal gross income, to the extent any such actions can be taken by the City.

Section 6. Further Authority. The Mayor, City Clerk, City Manager, Finance Director and other City officials are hereby further authorized and directed to execute any and all documents and take such actions as they may deem necessary or advisable in order to carry out and perform the purposes of this Ordinance and to make alterations, changes or additions in the agreements, statements, instruments and other documents approved, authorized and confirmed which they may approve and the execution or taking of such action shall be conclusive evidence of such necessity or advisability.

Section 7. Governing Law. This Ordinance and the Bonds shall be governed exclusively by and construed in accordance with the applicable laws of the State.

Section 8. Effective Date. This Ordinance shall take effect and be in full force from and after its passage by the Governing Body of the City and publication in an official City newspaper.

[Remainder of Page Intentionally Left Blank]

119 4 4851-3150-9787.1 THIS ORDINANCE is passed by the Governing Body of the City of Shawnee, Kansas and APPROVED AND SIGNED by the Mayor on this 23rd day of June, 2014.

CITY OF SHAWNEE, KANSAS

By: Jeff Meyers Mayor (SEAL)

ATTEST:

By: Stephen Powell City Clerk

APPROVED AS TO FORM:

By: M. Ellis Rainey, II, Esq. Assistant City Attorney

______Stephen Powell, City Clerk

120 Ordinance Authorizing Issuance – Internal Improvement Refunding Bonds, Series 2014B CITY OF SHAWNEE

RESOLUTION NO. _____

A RESOLUTION PRESCRIBING THE FORM AND DETAILS OF AND AUTHORIZING THE DELIVERY OF $[20,970,000] PRINCIPAL AMOUNT OF INTERNAL IMPROVEMENT REFUNDING BONDS, SERIES 2014B, OF THE CITY OF SHAWNEE, KANSAS, AND MAKING CERTAIN COVENANTS WITH RESPECT THERETO.

WHEREAS, the City of Shawnee, Kansas (the “City”), has passed the Ordinance (as herein defined) authorizing the issuance of the Bonds (as herein defined); and

NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF SHAWNEE, KANSAS, AS FOLLOWS:

ARTICLE I

DEFINITIONS

Section 1.01. Definitions of Words and Terms.

“Act” means, collectively, the Constitution and statutes of the State including, but not limited to, K.S.A. 10-101 to 10-125, inclusive, K.S.A. 10-427 and 10-427a, the Ordinance and this Resolution and all other provisions of the laws of the State and the ordinances of the City applicable thereto.

“Authorized Investments” mean those investments authorized by K.S.A. 10-131, as amended and supplemented, and by other provisions of State law applicable to the City.

“Bond and Interest Fund” means the Bond and Interest Fund of the City for its general obligation bonds.

“Bond Counsel” means the firm of Kutak Rock LLP, or any other attorney or firm of attorneys whose expertise in matters relating to the issuance of obligations by states and their political subdivisions is nationally recognized and acceptable to the City.

“Bond Insurer” means any issuer of a Municipal Bond Insurance Policy described on Exhibit B to this Resolution.

“Bond Payment Date” means any date on which principal of or interest on any Bond is payable.

121 4824-4055-5803.2 “Bond Register” means the books for the registration, transfer and exchange of the Bonds kept at the office of the Bond Registrar.

“Bond Registrar” means the State Treasurer, Topeka, Kansas, and any successors and assigns.

“Bonds” mean the City’s Internal Improvement Refunding Bonds, Series 2014B, in the principal amount of $[20,970,000], and dated July 29, 2014.

“Cede & Co.” means Cede & Co., as nominee of The Depository Trust Company, New York, New York.

“City” means the City of Shawnee, Kansas.

“City Clerk” means the appointed and acting City Clerk of the City or, in the City Clerk’s absence, the appointed acting City Clerk of the City.

“City Treasurer” means the appointed and acting City Treasurer of the City or, in the City Treasurer’s absence, the appointed acting City Treasurer of the City.

“Code” means the Internal Revenue Code of 1986, as amended, and the applicable regulations proposed or promulgated thereunder of the United States Department of the Treasury.

“Costs of Issuance” means all costs of issuing the Bonds, including all publication, preparation, signing and mailing expenses, registration fees, all legal fees and expenses of Bond Counsel and other legal counsel, all fees and expenses of the financial advisor, all fees and expenses of the Escrow Trustee, all expenses incurred in connection with receiving ratings on the Bonds, and all fees of the Attorney General of the State.

“Costs of Issuance Fund” means the fund by that name established under the Escrow Trust Agreement and referenced in Section 5.01.

“Defaulted Interest” means interest on any Bond which is payable but not paid on any Interest Payment Date.

“Escrow Fund” means the Escrow Fund created and established under the terms of the Escrow Trust Agreement and referenced in Section 5.01.

“Escrow Trust Agreement” means the Escrow Trust Agreement dated as of July 29, 2014, by and between the City and the Escrow Trustee.

122 4824-4055-5803.2 2 “Escrow Trustee” means a Kansas bank having full trust powers as designated by the Finance Director, in its capacity as escrow trustee and its successor or successors at the time acting as the Escrow Trustee under the Escrow Trust Agreement.

“Excess Investment Earnings” mean an amount equal to the sum of –

(a) The excess of:

(ii) The amount that would have been earned if the yield on such Nonpurpose Obligations had been equal to the yield on the Bonds; plus

(b) Any income or earnings attributable to the excess described in (a) above.

“Finance Director” means the duly qualified and acting Finance Director of the City.

“Financial Advisor” means Springsted, Incorporated.

“Interest Payment Dates” mean the Stated Maturity of an installment of interest on any Bond which shall be June 1 and December 1 of each year, commencing December 1, 2014.

123 4824-4055-5803.2 3 “Mayor” means the elected and acting Mayor of the City or, in the Mayor’s absence, the appointed acting Mayor of the City.