CITY OF SHAWNEE CITY COUNCIL MEETING MINUTES APRIL 24, 2006 7:30 P.M.

Mayor Meyers called the meeting to order at 7:30 p.m. in the Shawnee City Hall Council Chambers. He welcomed the public and all stood and recited the Pledge of Allegiance, followed by a moment of silence.

Councilmembers Present Staff Present Councilmember Distler City Manager Gonzales Councilmember Goode Assistant City Manager/City Clerk Charlesworth Councilmember Kuhn City Attorney Rainey Councilmember Pflumm Assistant City Attorney Rainey Councilmember Sandifer Public Works Director Freyermuth Councilmember Sawyer Associate Planner Allman Councilmember Scott Fire Battalion Chief Beatty Councilmember Straub Police Chief Clark City Engineer Wesselschmidt Finance Director Kidney Parks and Recreation Director Holman Traffic Engineer Sherfy

Members of the public who spoke: (Item 7) JACK GAY, Commander of Kansas Chapter 1-181, Korean War Veterans Association.

CONSENT AGENDA

1. APPROVE MINUTES FROM THE CITY COUNCIL MEETING OF APRIL 10, 2006.

2. REVIEW MINUTES FROM THE PUBLIC WORKS AND SAFETY COMMITTEE MEETING OF APRIL 19, 2006.

3. REVIEW MINUTES FROM THE PLANNING COMMISSION MEETING OF APRIL 3, 2006.

4. REVIEW MINUTES FROM THE PARKS AND RECREATION ADVISORY BOARD MEETING OF MARCH 2, 2006.

Councilmember Goode, seconded by Councilmember Pflumm, moved to approve the entire consent agenda. The motion carried 8-0. PAGE 2 CITY COUNCIL MINUTES APRIL 24, 2006

MAYOR’S ITEMS

(a) Mayor Meyers recognized Austin Ross, Boy Scout Troop 54.

(b) Convention and Visitors Bureau Appointments.

Mayor Meyers stated he has appointed Councilmembers Mickey Sandifer and Cheryl Scott to the Convention & Visitor’s Bureau Committee for the April 2006 to April 2007 term.

No motion needed.

(c) Consider application for a License for the Sale of Cereal Malt Beverages (CMB) at 6404 Hedge Lane Terrace.

Mayor Meyers stated that Mark J. Henke submitted an application on behalf of Catholic Community Services for the sale of beer at the Shawnee Golf and Country Club at 6404 Hedge Lane Terrace. Staff has reviewed the application and is recommending approval.

Councilmember Pflumm, seconded by Councilmember Scott, moved to approve a license for Catholic Community Services for the sale of cereal malt beverages for consumption on the premises of the Shawnee Golf and Country Club at 6404 Hedge Lane Terrace. The motion carried 8-0.

PUBLIC ITEMS

5. CONSIDER APPROVAL OF A RESOLUTION APPROVING THE SALE, ASSIGNMENT OR TRANSFER OF AN INTEREST IN OR CONTROL OF THE CABLE TELEVISION FRANCHISE GRANTED TO EVEREST MIDWEST LICENSEE, LLC, AND EXTENDING THE TIME FOR COMPLETION OF CONSTRUCTION AND ACTIVATION OF THE CABLE SYSTEM AS PROVIDED BY THE FRANCHISE ORDINANCE; AND AN ORDINANCE GRANTING TO EVEREST MIDWEST LICENSEE, LLC, A CONTRACT FRANCHISE TO CONSTRUCT, OPERATE AND MAINTAIN A TELECOMMUNICATIONS SYSTEM IN THE CITY OF SHAWNEE, KANSAS, AND PRESCRIBING THE TERMS OF SAID CONTRACT FRANCHISE.

Mayor Meyers stated that in October 2005, representatives from Everest Connections gave a presentation to the Public Works and Safety Committee regarding their progress toward build-out in the City of Shawnee. At that time, they indicated that they would be requesting an extension of the original franchise period. That request has now been submitted. In addition, the City has been advised that controlling interest in the Franchisee is being transferred. The holder of the telecommunication franchise will be changed from Everest Connections Corporation to Everest Midwest Licensee, LLC. Both the extension and the change in ownership require Governing Body action to change the original franchise agreement. PAGE 3 CITY COUNCIL MINUTES APRIL 24, 2006

Councilmember Pflumm, seconded by Councilmember Goode, moved to adopt a resolution approving the sale, assignment, or transfer of an interest in or control of the cable television franchise granted to Everest Midwest Licensee, LLC, and extending the time for completion of construction and activation of the cable system as provided by the franchise ordinance. The motion carried 8-0. Having been adopted, Resolution 1479 was assigned.

Councilmember Pflumm, seconded by Councilmember Goode, moved to pass an ordinance granting to Everest Midwest Licensee, LLC, a contract franchise to construct, operate, and maintain a telecommunications system in the City of Shawnee, Kansas, and prescribing the terms of said contract franchise. The motion carried 8-0. Having passed, Ordinance 2808 was assigned.

6. CONSIDER THE FOLLOWING ITEMS FROM THE PLANNING COMMISSION MEETING OF APRIL 3, 2006.

a) Consider FP-11-06-04, the final plat for Trackside of Woodland, for one lot in the 5900 block of Woodland Drive.

Mayor Meyers stated that the Planning Commission recommended 7-0 that the Council accept the dedications on FP-11-06-04, the final plat for Trackside of Woodland.

Councilmember Pflumm, seconded by Councilmember Goode, moved to accept the dedications on FP-11-06-04, the final plat for Trackside of Woodland, for one lot in the 5900 block of Woodland Drive, as per the Planning Commission’s recommendations listed in the April 24, 2006 staff report. The motion carried 8-0.

b) Consider FP-12-06-04, the final plat for Greens of Chapel Creek, Fourth Plat, for 50 lots in the 6800 block of Clare Road.

Mayor Meyers stated that the Planning Commission recommended 7-0 that the Council accept the dedications on FP-12-06-04, the final plat for Greens of Chapel Creek, Fourth Plat.

Councilmember Pflumm, seconded by Councilmember Goode, moved to accept the dedications on FP-12-06-04, the final plat for Greens of Chapel Creek, Fourth Plat, for 50 lots in the 6800 block of Clare Road, as per the Planning Commission’s recommendations listed in the April 24, 2006 staff report. The motion carried 8-0.

COUNCIL ITEMS PAGE 4 CITY COUNCIL MINUTES APRIL 24, 2006

7. CONSIDER THE FOLLOWING ITEMS FROM THE PUBLIC WORKS & SAFETY COMMITTEE MEETING OF APRIL 18, 2006.

Councilmember Kuhn asked City Manager Gonzales to clarify the schedule for the agenda package process.

City Manager Gonzales apologized for any confusion. She clarified the motion made at the last City Council meeting was to approve the new process for the agenda packet, which then slows down the Committee items for three weeks. Her intent is to implement this by the end of May 2006. They are getting closer. She is happy to report that this week’s packet was out on Thursday afternoon at 5:00 p.m. The staff is all getting used to moving that date up. The items at the June 6, 2006 Finance and Administration meeting will move to the June 26, 2006 City Council meeting and will officially be implemented at that time. This practice will always be used, unless otherwise directed.

a) Consider the Korean War Monument.

Councilmember Kuhn stated that the Committee recommended 4-0 that the Council approve a $1,000.00 donation for the construction of a Korean War Veterans Memorial at 119th and Lowell in Overland Park, Kansas.

Councilmember Sandifer, seconded by Councilmember Scott, moved to approve a $1,000.00 donation for the construction of a Korean War Veterans Memorial at 119th and Lowell in Overland Park, Kansas.

Mayor Meyers recognized Jack Gay, Commander of Kansas Chapter 1-181, Korean War Veterans Association.

JACK GAY stated with that motion, the Council did not just donate money. He stated on the red granite Wall of Honor, which will be 8 feet high and 75 feet long, one of the panels will contain verbiage noting that this contribution was made by the City of Shawnee. He asked if that wording is satisfactory.

Mayor Meyers answered yes. He stated he appreciates Commander Gay being present this evening. The City is very proud to be a part of this process.

JACK GAY reported on the ground breaking ceremony that took place on Saturday, April 22, 2006. The weather was beautiful and 200 people were in attendance. He thanked the Council for their contribution.

b) Consider Stormwater Detention Requirements for the Estates at Clear Creek- Village at Clear Creek, located at approximately 71st and Mize.

Councilmember Kuhn stated that the Committee recommended 4-0 that the Council approve a fee in lieu of the on-site stormwater detention that was PAGE 5 CITY COUNCIL MINUTES APRIL 24, 2006

included as a condition of the original preliminary plat for Village at Clear Creek at approximately 71st and Mize.

Councilmember Kuhn, seconded by Councilmember Straub, moved to approve a fee in lieu of the on-site stormwater detention approved as a condition of the original preliminary plat for the Village at Clear Creek at approximately 71st and Mize. The motion carried 8-0.

BUSINESS FROM THE FLOOR

There was no business from the floor.

STAFF ITEMS

8. CONSIDER APPROVAL OF AN ENGINEERING SERVICES CONTRACT FOR THE DETENTION POND IN THE K-7 INDUSTRIAL PARK.

Mayor Meyers stated that in June of 2004, the Council authorized an independent review of the Willow Ridge and K-7 Industrial Park detention basins to determine if the detention basins were designed in accordance with City criteria in effect at the time and to determine if they were constructed in accordance with the approved plans. That analysis is complete and some discrepancies were identified. Staff has requested a proposal from Phelps Engineering to prepare plans for the necessary modifications of the K-7 Industrial Park detention pond. The cost for these engineering services as outlined in the proposed contract is $8,500. The funds will come from the General Fund budget.

Councilmember Pflumm asked if Phelps was the only engineering firm considered.

City Engineer Wesselschmidt explained that Phelps Engineering did the preliminary study the detention ponds. He stated they discovered there were some modifications that needed to be done with one, so staff wanted to go with that same firm.

Councilmember Pflumm stated he has no issue and just wanted to know if there was a bidding process associated with this contract.

Councilmember Pflumm, seconded by Councilmember Goode, moved to authorize the Mayor to sign an engineering services contract with Phelps Engineering for $8,500 to prepare plans for the modification of the detention pond in the K-7 Industrial Park. The motion carried 8-0.

9. CONSIDER THE 2006 BID AWARD FOR STREET LIGHT MATERIALS.

Mayor Meyers stated that bids were received on April 14, 2006. Staff recommends that Council award the bid to Western Extralite, Kansas City, Missouri, in the amount of $36,219.54. PAGE 6 CITY COUNCIL MINUTES APRIL 24, 2006

Councilmember Pflumm, seconded by Councilmember Scott, moved to award the bid for the 2006 street light materials to Western Extralite, Kansas City, Missouri, in the amount of $36,219.54. The motion carried 8-0.

Councilmember Sandifer commented that he believes the staff is doing an excellent job, because all three bids this evening have come in under budget.

10. CONSIDER THE 2006 BID AWARDS FOR TRAFFIC SIGNAL MATERIALS.

Mayor Meyers stated that bids were received on April 14, 2006. Staff recommends that Council award the bid to Mid American Signal, Kansas City, Kansas, for controller components and video detection, in the amount of $31,291.25; and Traffic Signal Controls, Overland Park, Kansas, for Opticom components and LED’s and lamps, in the amount of $13,316.50.

Councilmember Pflumm, seconded by Councilmember Sandifer, moved to award the bid for the 2006 traffic signal materials to Mid American Signal, Kansas City, Kansas, for controller components and video detection, in the amount of $31,291.25; and Traffic Signal Controls, Overland Park, Kansas, for Opticom components and LED’s and lamps, in the amount of $13,316.50. The motion carried 8-0.

11. CONSIDER THE 2006 BID AWARD FOR STREET SIGN MATERIALS.

Mayor Meyers stated that bids were received on April 14, 2006. Staff recommends that Council award the bid for the three classes to J & A Traffic Products, Blue Springs, Missouri, in the amount of $28,317.45; 3M Company, St. Paul, Minnesota, in the amount of $18,008.26; and Vulcan Signs, Foley, Alabama, in the amount of $17,871.10.

Councilmember Pflumm, seconded by Councilmember Goode, moved to award the bid for the 2006 street sign materials to J & A Traffic Products, Blue Springs, Missouri, in the amount of $28,317.45; 3M Company, St. Paul, Minnesota, in the amount of $18,008.26; and Vulcan Signs, Foley, Alabama, in the amount of $17,871.10. The motion carried 8-0.

MISCELLANEOUS ITEMS

12. CONSIDER APPROVAL OF SEMI-MONTHLY CLAIM FOR APRIL 24, 2006, IN THE AMOUNT OF $1,509,763.88.

Councilmember Pflumm, seconded by Councilmember Scott, moved to approve the semi-monthly claim for April 24, 2006, in the amount of $1,509,763.88. The motion carried 8-0.

13. MISCELLANEOUS COUNCIL ITEMS.

a) Downtown Clean-Up/Streetscape Fountain Dedication – May 6, 2006. PAGE 7 CITY COUNCIL MINUTES APRIL 24, 2006

Councilmember Sawyer reminded the Council that on May 6, 2006 they will have another clean up in downtown. That same day, they will also dedicate the streetscape fountain. He encouraged everyone to wear their old clothes and help with the clean up efforts.

ADJOURNMENT

Councilmember Sandifer, seconded by Councilmember Goode, moved to adjourn. The motion carried 8-0, and the meeting adjourned at 7:45 p.m.

Minutes prepared by: Cindy Terrell, Recording Secretary

APPROVED BY:

______Vicki Charlesworth, Assistant City Manager/City Clerk